Florida Statute 376.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.021

376.021 Legislative intent with respect to pollution of coastal waters and lands.—

(1) The Legislature finds and declares that the highest and best use of the seacoast of the state is as a source of public and private recreation.

(2) The Legislature further finds and declares that the preservation of this use is a matter of the highest urgency and priority, and that such use can only be served effectively by maintaining the coastal waters, estuaries, tidal flats, beaches, and public lands adjoining the seacoast in as close to a pristine condition as possible, taking into account multiple use accommodations necessary to provide the broadest possible promotion of public and private interests.

(3) The Legislature further finds and declares that:

(a) The transfer of pollutants between vessels, between onshore facilities and vessels, between offshore facilities and vessels, and between terminal facilities within the jurisdiction of the state and state waters is a hazardous undertaking;

(b) Spills, discharges, and escapes of pollutants occurring as a result of procedures involved in the transfer, storage, and transportation of such products pose threats of great danger and damage to the environment of the state, to owners and users of shore front property, to public and private recreation, to citizens of the state and other interests deriving livelihood from marine-related activities, and to the beauty of the Florida coast;

(c) Such hazards have frequently occurred in the past, are occurring now, and present future threats of potentially catastrophic proportions, all of which are expressly declared to be inimical to the paramount interests of the state as herein set forth; and

(d) Such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in transferring pollutants and related activities.

(4) The Legislature intends by the enactment of ss. 376.011-376.21 to exercise the police power of the state by conferring upon the Department of Environmental Protection power to:

(a) Deal with the hazards and threats of danger and damage posed by such transfers and related activities;

(b) Require the prompt containment and removal of pollution occasioned thereby; and

(c) Establish a fund to provide for the inspection and supervision of such activities and guarantee the prompt payment of reasonable damage claims resulting therefrom.

(5) The Legislature further finds and declares that the preservation of the public uses referred to herein is of grave public interest and concern to the state in promoting its general welfare, preventing diseases, promoting health, and providing for the public safety and that the state’s interest in such preservation outweighs any burdens of liability imposed by the Legislature upon those engaged in transferring pollutants and related activities.

(6) The Legislature further declares that it is the intent of ss. 376.011-376.21 to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants.

History.—s. 2, ch. 70-244; s. 2, ch. 74-336; s. 288, ch. 94-356.

F.S. 376.021 on Google Scholar

F.S. 376.021 on Casetext

Amendments to 376.021

Arrestable Offenses / Crimes under Fla. Stat. 376.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.021.

Annotations, Discussions, Cases:

Cases Citing Statute 376.021

Total Results: 9

Charles L. Lieupo v. Simon's Trucking, Inc.

Court: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: 376.011 through 376.21, namely the 1970 act. See § 376.031 (“When used in ss. 376.011–376.21, unless the … in 1970 and codified at sections 376.011–376.21, Florida Statutes (the “1970 [a]ct”), and…pollution to surface and ground waters. §§ 376.021, 376.041, 376.30(1)(b), & (2)(b), Fla…So. 3d at 371-72 (emphasis added); see, e.g., § 376.021, Fla. Stat. (2011) (entitled “Legislative intent… the state in the manner defined by ss. 376.011–376.21 is prohibited.”). Specifically, section

Simon's Trucking, Inc. v. Charles A. Lieupo

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: passed in 1970 and codified at sections 376.011-376.21, Florida Statutes (the “1970 Act”), and the Water…combat pollution to surface and ground waters. §§ 376.021, 376.041, 376.30(1)(b), & (2)(b), Fla. Stat… 376.031, Fla. Stat. (“When used in ss. 376.011-376.21 . . . the term: . . . ‘Damage’ means . . . .”).

Curd v. Mosaic Fertilizer, LLC

Court: Fla. | Date Filed: 2010-06-17T00:00:00-07:00

Citation: 39 So. 3d 1216, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384

Snippet: currently codified in sections 376.011 through 376.21, Florida Statutes (2004).8 See ch. 70-244, Laws…by pollution of coastal waters and lands. See § 376.021, Fla. Stat. (2004) (entitled “Legislative intent… the state in the manner defined by ss. 376.011-376.21 is prohibited.”). This 1970 enactment concerns …definition only applies to sections 376.011 through 376.21, namely the 1970 enactment. See § 376.031, Fla.…Fla. Stat. (2004) (“When used in ss. 376.011-376.21, unless the context clearly requires otherwise, the

Cunningham v. Anchor Hocking Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-28T23:53:00-08:00

Citation: 558 So. 2d 93

Snippet: through 376.21, Florida Statutes. The legislative purpose of the Act, set forth in Section 376.021(4) and… within the purview of Sections 376.011 through 376.21, Florida Statutes. The allegations, therefore, …Individual cause of action for damages under ss. 376.011-376.21."). However, another portion of Chapter 376

State v. Perkins

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-10T23:53:00-08:00

Citation: 436 So. 2d 150

Snippet: Fla, Ch. 79-514, Ch. 80-524, Ch. 80-540, Ch. 81-376(21), Ch. 81-409, and Ch. 81-472. 82-477,

Fulford v. Graham

Court: Fla. Dist. Ct. App. | Date Filed: 1982-09-01T00:53:00-07:00

Citation: 418 So. 2d 1204

Snippet: furtherance of public and private recreation (section 376.021(1) and (2), Fla. Stat. (1981)); or the purpose

State v. Rios

Court: Fla. Dist. Ct. App. | Date Filed: 1982-02-08T23:53:00-08:00

Citation: 409 So. 2d 241

Snippet: (N.J.), cert. denied, 393 U.S. 952, 89 S.Ct. 376, 21 L.Ed.2d 363 (1968); N.J. Stat. Ann. § 2C:5-

Ago

Court: Fla. Att'y Gen. | Date Filed: 1974-12-22T23:53:00-08:00

Snippet: source of public and private recreation," s. 376.021(1); that "the preservation of this use is … of the highest urgency and priority," s. 376.021(2); and that "the transfer of pollutants between…state waters is a hazardous undertaking," s. 376.021(3)(a). Section 11 of Ch. 74-336, supra, amended

Sneed v. Davis

Court: Fla. | Date Filed: 1938-12-07T00:00:00-08:00

Citation: 184 So. 865, 135 Fla. 271

Snippet: Bankruptcy who thereupon allowed the claim for $12,376.21, it being as shown by the answer the only claim