Florida Statute 376.205 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.205

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.

History.—s. 18, ch. 74-336; s. 51, ch. 91-221; s. 13, ch. 96-263.

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Amendments to 376.205

Annotations, Discussions, Cases:

Cases Citing Statute 376.205

Total Results: 3

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

dismissing claims based on public nuisance (Section 376.205, Florida Statutes); (3) whether the trial court

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

and ground waters, it should be noted that section 376.205, Florida Statutes (2004), provides for individual

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

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

Published

action section of the 1970 act. The language in section 376.205 was changed from “all damages” to “damages