Florida Statutes
Fla. Stat. § 376.205 (2025)
Individual cause of action for damages under ss. 376.011-376.21.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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376.205 Individual cause of action for damages under ss. 376.011-376.21.—The remedies in this act shall be deemed to be cumulative and not exclusive. Nothing in this act shall require pursuit of any claim against the fund as a condition precedent to any remedy against a responsible party. Notwithstanding any other provision of law, any person may bring a cause of action against a responsible party in a court of competent jurisdiction for damages, as defined in s. 376.031, resulting from a discharge or other condition of pollution covered by ss. 376.011-376.21. In any such suit, it shall not be necessary for the person to plead or prove negligence in any form or manner. Such person need only plead and prove the fact of the prohibited discharge or other pollutive condition and that it occurred. The only defenses to such cause of action shall be those specified in s. 376.12(7). The court, in issuing any final judgment in such action, may award costs of litigation, including reasonable attorney’s and expert witness fees, to any party, whenever the court determines such an award is in the public interest.
Notes of Decisions
Cited in 4
cases, 1990–2019 · leading case: Cunningham v. Anchor Hocking Corp., 558 So. 2d 93 (Fla. 1st DCA 1990).
Cunningham v. Anchor Hocking Corp., 558 So. 2d 93 (Fla. 1st DCA 1990). “11, Florida Statutes); (2) whether the trial court erred in dismissing claims based on public nuisance (Section 376.205, Florida Statutes); (3) whether the trial court erred in dismissing claims based on common law and statutory strict liability (Section 376.”
Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010). “313, which provides for individual causes of action for pollution of surface and ground waters, it should be noted that section 376.205, Florida Statutes (2004), provides for individual causes of action for pollution of coastal waters and lands also.”
Simon's Trucking, Inc. v. Charles A. Lieupo, 244 So. 3d 370 (Fla. 1st DCA 2018). “” §§ 376.205 & 376.031(5), Fla. Stat. (emphasis added).”
Charles L. Lieupo v. Simon's Trucking, Inc. (Fla. 2019). “The language in section 376.205 was changed from “all damages” to “damages, as defined in s.”
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