Florida Senate - 2026 CS for SB 1230
By the Committee on Environment and Natural Resources; and
Senator Harrell
592-02041-26 20261230c1
1 A bill to be entitled
2 An act relating to perfluoroalkyl and polyfluoroalkyl
3 substances; creating s. 376.911, F.S.; defining terms;
4 prohibiting, beginning on a specified date, certain
5 use and the sale, purchase, or distribution of aqueous
6 film-forming foam; requiring, beginning on a specified
7 date, certain entities to submit aqueous film-forming
8 foam inventories and disposal plans to the Department
9 of Environmental Protection; prohibiting, beginning on
10 a specified date, the possession and use of aqueous
11 film-forming foam; providing applicability; providing
12 duties of the department; authorizing the department
13 to administer certain grants or cost-sharing programs;
14 providing penalties and injunctive relief; amending s.
15 403.086, F.S.; requiring certain public entities
16 disposing of domestic wastewater biosolids to annually
17 conduct specified samplings and submit the results to
18 the department; providing an effective date.
19
20 Be It Enacted by the Legislature of the State of Florida:
21
22 Section 1. Section 376.911, Florida Statutes, is created to
23 read:
24 376.911 Aqueous film-forming foam.—
25 (1)(a) As used in this section, the term “aqueous film
26 forming foam” means any firefighting foam containing
27 intentionally added perfluoroalkyl and polyfluoroalkyl
28 substances, including perfluorooctanoic acid and perfluorooctane
29 sulfonate as defined by the United States Environmental
30 Protection Agency.
31 (b) As used in this section, the term “department” means
32 the Department of Environmental Protection.
33 (2) Effective July 1, 2026:
34 (a) Aqueous film-forming foam may not be used for any
35 nonemergency instruction, training, or testing.
36 (b) All entities in possession of aqueous film-forming foam
37 must report their inventories to the department.
38 (3) Effective July 1, 2027:
39 (a) The sale, purchase, or distribution of aqueous film
40 forming foam within this state is prohibited.
41 (b) All entities with remaining inventories of aqueous
42 film-forming foam must submit a disposal plan to the department.
43 (4) Effective July 1, 2028, the possession and use of
44 aqueous film-forming foam is prohibited in this state.
45 (5) The prohibition under subsection (4) does not apply to:
46 (a) Federal aviation facilities required to comply with 14
47 C.F.R. part 139.
48 (b) Military applications for which alternatives do not
49 exist.
50 (c) Emergency firefighting situations in which alternative
51 firefighting foam is not available.
52 (6) The department shall:
53 (a) Adopt rules for containment, collection, and disposal
54 of aqueous film-forming foam.
55 (b) Maintain a registry of firefighting foam alternatives
56 that do not contain perfluoroalkyl and polyfluoroalkyl
57 substances.
58 (c) Provide technical assistance and grants for transition
59 to products that do not contain perfluoroalkyl and
60 polyfluoroalkyl substances.
61 (7) The department may administer grants or cost-sharing
62 programs to assist local fire departments and airports in
63 transitioning to products that do not contain perfluoroalkyl and
64 polyfluoroalkyl substances.
65 (8) A person who violates this act is subject to:
66 (a) Civil penalties not to exceed $10,000 for each
67 violation for each day the violation persists.
68 (b) Additional penalties not to exceed $10,000 for each
69 violation for each day for failure to report inventories or
70 submit disposal plans.
71 (9) The department may seek injunctive relief to enforce
72 compliance with this section.
73 Section 2. Subsection (12) is added to section 403.086,
74 Florida Statutes, to read:
75 403.086 Sewage disposal facilities; advanced and secondary
76 waste treatment.—
77 (12) All public entities disposing of domestic wastewater
78 biosolids that have a designed average daily flow of 25,000 or
79 more gallons per day must annually conduct at least one
80 biosolids sampling for perfluoroalkyl and polyfluoroalkyl
81 substances, including perfluorooctanoic acid and perfluorooctane
82 sulfonate, and submit the results to the department. The
83 sampling must be conducted in accordance with department rules
84 adopted under s. 403.0855.
85 Section 3. This act shall take effect July 1, 2026.
86