376.319  Response action contractors; indemnification.--

(1)  The department may agree to hold harmless and indemnify a response action contractor who has a written contract with the department or who has a written contract with a local government which has contracted with the department to administer a program pursuant to chapter 86-159, Laws of Florida, for any civil damages to third parties:

(a)  That result from the acts or omissions of the response action contractor in carrying out a response action; and

(b)  That are caused by a discharge or release of a hazardous substance, pollutant, or other contaminant from a site upon which the response action is being carried out.

(2)  The department, in determining whether or not to enter into hold-harmless and indemnification agreements, shall consider:

(a)  The availability of cost-effective insurance;

(b)  The immediate need for the response action;

(c)  The availability of qualified response action contractors; and

(d)  Restricting the applicability of such agreements to exclude gross negligence or intentional conduct.

(3)  Any payment or cost, including the cost of defending such actions, which is incurred as a result of an agreement by the department to hold harmless or indemnify shall be payable from the Water Quality Assurance Trust Fund or the Inland Protection Trust Fund, whichever is appropriate, based upon the nature of the discharge or release.

(4)  No state employee or employee of a political subdivision who provides services relating to a response action while acting within the scope of his or her authority as a governmental employee shall be personally liable for any actions undertaken by the department, the political subdivision, or a response action contractor pursuant to this act. However, nothing in this section shall affect the liability of any other person.

(5)  This section is repealed effective October 1, 1997, and shall be reviewed by the Legislature during the 1997 regular legislative session.