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Florida Statute 376.021 - Full Text and Legal Analysis
Florida Statute 376.021 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL
View Entire Chapter
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 CourtListener

Amendments to 376.021


Annotations, Discussions, Cases:

Cases Citing Statute 376.021

Total Results: 5

Cunningham v. Anchor Hocking Corp.

558 So. 2d 93, 1990 WL 19935

District Court of Appeal of Florida | Filed: Mar 1, 1990 | Docket: 1726292

Cited 33 times | Published

legislative purpose of the Act, set forth in Section 376.021(4) and titled "Legislative intent with respect

Curd v. Mosaic Fertilizer, LLC

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

Supreme Court of Florida | Filed: Jun 17, 2010 | Docket: 60294850

Cited 19 times | Published

by pollution of coastal waters and lands. See § 376.021, Fla. Stat. (2004) (entitled “Legislative intent

American Waterways Operators, Inc. v. Askew

335 F. Supp. 1241, 3 ERC 1429, 2 Envtl. L. Rep. (Envtl. Law Inst.) 20072, 3 ERC (BNA) 1429, 1971 U.S. Dist. LEXIS 10418

District Court, M.D. Florida | Filed: Dec 10, 1971 | Docket: 1333777

Cited 11 times | Published

1962). [38] Id. at 830. [39] Fla.Stat.Ann. § 376.021(3) (a), (4) (a).

Fulford v. Graham

418 So. 2d 1204

District Court of Appeal of Florida | Filed: Sep 1, 1982 | Docket: 1686003

Cited 7 times | Published

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

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

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761666

Published

So. 3d at 371-72 (emphasis added); see, e.g., § 376.021, Fla. Stat. (2011) (entitled “Legislative intent