Florida Statute 376.13 | 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. 376.13

376.13 Emergency proclamation; Governor’s powers.—

(1) Whenever any emergency exists or appears imminent, arising from the discharge of oil, petroleum products or their byproducts, or any other pollutants, the Governor shall by proclamation declare the fact and that a state of emergency exists in any or all sections of the state. If the Governor is unavailable, the Lieutenant Governor shall, by proclamation, declare the fact and that a state of emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the Department of State.

(2) In performing his or her duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the Federal Government, the offices and agencies of other states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to an emergency as described herein.

(3) In performing his or her duties under this section, the Governor is further authorized and empowered:

(a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out this section within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations, and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.

(b) To delegate any authority vested in the Governor under this section and to provide for the subdelegation of any such authority.

(4) Whenever the Governor is satisfied that an emergency no longer exists, he or she may terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. The proclamation shall be published in such newspapers of the state and posted in such places as the Governor, or any person acting in that capacity, deems appropriate.

History.—s. 13, ch. 70-244; s. 1, ch. 70-439; s. 39, ch. 83-334; s. 614, ch. 95-148.

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Amendments to 376.13

Arrestable Offenses / Crimes under Fla. Stat. 376.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.13.

Annotations, Discussions, Cases:

Cases Citing Statute 376.13

Total Results: 6

Busby v. State

Court: Supreme Court of Florida | Date Filed: 2005-02-03

Citation: 894 So. 2d 88, 2004 WL 2471387

Snippet: another," Lewis [v. United States, 146 U.S. 370, 376, 13 S.Ct. 136, 36 L.Ed. 1011 (1892)], upon a juror's

Alen v. State

Court: District Court of Appeal of Florida | Date Filed: 1992-03-03

Citation: 596 So. 2d 1083, 1992 WL 38333

Snippet: gestures of another,' Lewis, supra, 146 U.S., at 376, 13 S.Ct., at 138, upon a juror's `habits and associations

Taylor v. State

Court: District Court of Appeal of Florida | Date Filed: 1986-04-09

Citation: 491 So. 2d 1150, 11 Fla. L. Weekly 849

Snippet: gestures of another," Lewis, supra [146 U.S.], at 376 [13 S.Ct. at 138], upon a juror's "habits and associations

State v. Neil

Court: Supreme Court of Florida | Date Filed: 1984-09-27

Citation: 457 So. 2d 481, 53 U.S.L.W. 2200

Snippet: gestures of another," Lewis, supra [146 U.S.], at 376 [13 S.Ct. at 138], upon a juror's "habits and associations

Shaw v. State

Court: District Court of Appeal of Florida | Date Filed: 1982-08-06

Citation: 422 So. 2d 20, 1982 Fla. App. LEXIS 20709

Snippet: his dislike....” 4 Bl.Com. 353; 146 U.S. 370, 376, 13 S.Ct. 136, 138, 36 L.Ed. 1011, 1014. Accordingly

State Ex Rel. Continental Distilling Sales Co. v. Vocelle

Court: Supreme Court of Florida | Date Filed: 1946-11-05

Citation: 27 So. 2d 728, 158 Fla. 100, 1946 Fla. LEXIS 487

Snippet: purpose or to commit an illegal act. See 18 C.J.S., 376; 13 Am. Jur., 160. For decisions from our own court