Question 1

What is the scope of UST liability in Florida?

Accepted Answer

FL UST liability scope: strict, joint, and several. Chapter 376: the owner and operator of a UST are strictly liable for: cleanup costs (the cost of assessing, remediating, and monitoring contamination), natural resource damages (damage to groundwater, surface water, and other natural resources), third-party claims (claims by neighboring property owners for property damage, diminished value, and personal injury), and government enforcement costs (FDEP’s costs of oversight and enforcement). Joint and several: if multiple parties are responsible, each can be held liable for the entire cleanup cost. The IPTF: provides financial assistance but does not eliminate the owner’s liability.

Question 2

What is the innocent landowner defense for UST contamination in Florida?

Accepted Answer

Innocent landowner (Section 376.308): the current owner can avoid strict liability if: they acquired the property after the contamination occurred, they did not know and had no reason to know of the contamination (they conducted appropriate due diligence: Phase I ESA), they exercised due care with respect to the contamination after discovery (they took reasonable steps to: stop the spread, notify authorities, and cooperate with cleanup), and they cooperated with FDEP and other authorities. The defense: requires proactive steps; the owner cannot simply ignore the contamination. If the defense fails: the owner is strictly liable for the full cleanup cost.

Question 3

How does UST contamination affect Florida property values?

Accepted Answer

Value impact: diminished value (contaminated property is worth significantly less than comparable uncontaminated property; reductions of 10-50% are common), stigma (even after cleanup: the property may carry a stigma that reduces value; buyers and lenders may be reluctant to purchase or finance contaminated property), unmarketability (the property may be difficult or impossible to sell until the contamination is remediated and the site receives a "no further action" determination from FDEP), and insurance (the owner may face: higher insurance premiums, difficulty obtaining coverage, and exclusions for environmental claims). Disclosure: FL sellers must disclose known contamination.

Underground Storage Tank Liability: in Florida

Florida UST Liability

Liability Scope

Innocent Landowner

Value Impact

Related Terms

Barnes Walker Environmental Law

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