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The Florida Senate

2009 Florida Statutes

SECTION 27
Governmental transportation entities; property acquired for transportation purposes; limitation on soil or groundwater contamination liability.
Section 334.27, Florida Statutes 2009

334.27  Governmental transportation entities; property acquired for transportation purposes; limitation on soil or groundwater contamination liability.--

(1)  For the purposes of this section, the term "governmental transportation entity" means the department; an authority created pursuant to chapter 343, chapter 348, or chapter 349; airports as defined in s. 332.004(14); a port enumerated in s. 311.09(1); a county; or a municipality.

(2)  When a governmental transportation entity acquires property for a transportation facility or in a transportation corridor through the exercise of eminent domain authority, or by purchase or donation, it is not subject to any liability imposed by chapter 376 or chapter 403 for preexisting soil or groundwater contamination due solely to its ownership. This section does not affect the rights or liabilities of any past or future owners of the acquired property nor does it affect the liability of any governmental entity for the results of its actions which create or exacerbate a pollution source. A governmental transportation entity and the Department of Environmental Protection may enter into interagency agreements for the performance, funding, and reimbursement of the investigative and remedial acts necessary for property acquired by the governmental transportation entity.

History.--s. 49, ch. 96-323; s. 12, ch. 97-280.