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: Supreme Court of Florida | Date Filed: 2019-12-19

Snippet: in 1970 and codified at sections 376.011–376.21, Florida Statutes (the “1970 [a]ct”), and

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 370

Snippet: passed in 1970 and codified at sections 376.011-376.21, Florida Statutes (the “1970 Act”), and the Water

Curd v. Mosaic Fertilizer, LLC

Court: Supreme Court of Florida | Date Filed: 2010-06-17

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

Cunningham v. Anchor Hocking Corp.

Court: District Court of Appeal of Florida | Date Filed: 1990-03-01

Citation: 558 So. 2d 93, 1990 WL 19935

Snippet: through 376.21, Florida Statutes. The legislative purpose of the Act, set forth in Section 376.021(4) and

State v. Perkins

Court: District Court of Appeal of Florida | Date Filed: 1983-02-11

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.

Fulford v. Graham

Court: District Court of Appeal of Florida | Date Filed: 1982-09-01

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: District Court of Appeal of Florida | Date Filed: 1982-02-09

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:5-1

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-12-23

Snippet: a source of public and private recreation," s. 376.021(1); that "the preservation of this use is a matter

Sneed v. Davis

Court: Supreme Court of Florida | Date Filed: 1938-12-07

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