Virtually all businesses located within any county along Florida's entire Gulf coast - including Monroe County and the Florida Keys - are potentially eligible to pursue a business loss claim. Only businesses in the following industries are excluded from filing business economic loss claims: banking, insurance, oil and gas, real estate development, and gaming. Also, all businesses that previously signed a final "Release and Covenant Not to Sue" with the Gulf Coast Claims Facility are likewise excluded from making business economic loss claims in the Settlement Program.
Eligible businesses located within the Florida Keys and all barrier islands along the Gulf Coast such as Captiva, Sanibel, St. Pete Beach, Clearwater automatically meet the initial causation requirements if they suffered any loss after the oil spill.
All other businesses not located on the barrier islands, must show a "dip" in revenues in any three month period in 2010 after the spill (May-December) as compared to the same three month period in either: 2009; or, an average of 2007-2009; or, an average of 2007-2008. The amount of such revenue decline ranges from 8.5% to 15% depending on the type of business and the exact location within such coastal counties. Basically, the closer the business is located to the Gulf of Mexico, the fewer causation requirements it must satisfy.
In addition to a revenue decline in 2010, businesses (other than those located on the barrier islands or the Keys) must also show and upturn in revenue of at least 5% in 2011 as compared to 2010.