Florida Statute 376.313 - 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. 376.313

376.313 Nonexclusiveness of remedies and individual cause of action for damages under ss. 376.30-376.317.—

(1) The remedies in ss. 376.30-376.317 shall be deemed to be cumulative and not exclusive.

(2) Nothing in ss. 376.30-376.317 requires the pursuit of any claim against the Water Quality Assurance Trust Fund or the Inland Protection Trust Fund as a condition precedent to any other remedy.

(3) Except as provided in s. 376.3078(3) and (11), nothing contained in ss. 376.30-376.317 prohibits any person from bringing a cause of action in a court of competent jurisdiction for all damages resulting from a discharge or other condition of pollution covered by ss. 376.30-376.317 and which was not authorized pursuant to chapter 403. Nothing in this chapter shall prohibit or diminish a party’s right to contribution from other parties jointly or severally liable for a prohibited discharge of pollutants or hazardous substances or other pollution conditions. Except as otherwise provided in subsection (4) or subsection (5), in any such suit, it is not necessary for such 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 has occurred. The only defenses to such cause of action shall be those specified in s. 376.308.

(4) In any civil action brought after July 1, 1986, against the owner or operator of a petroleum storage system for damages arising from a petroleum storage system discharge, the provisions of subsection (3) shall not apply if it can be proven that, at the time of the discharge:

(a) The alleged damages resulted solely from a discharge from a petroleum storage system which was installed, replaced, or retrofitted, and maintained, in a manner consistent with the construction, operation, repair, and maintenance standards established for such systems under chapter 62-761, Florida Administrative Code, as that chapter may hereafter be amended. The requirement of consistency with such standards may be satisfied only by being in compliance with the standards at the time of the discharge, regardless of the time specified for compliance under the schedule provided in said chapter.

(b) A leak detection system or systems or a monitoring well or wells were installed and operating in a manner consistent with technical requirements of chapter 62-761, Florida Administrative Code, as that chapter may hereafter be amended; and

(c) All inventory, recordkeeping, and reporting requirements of chapter 62-761, Florida Administrative Code, as that chapter may hereafter be amended, have been and are being complied with.

Any person bringing such an action must prove negligence to recover damages under this subsection. For the purposes of this subsection, noncompliance with this act, or any of the rules promulgated pursuant hereto, as the same may hereafter be amended, shall be prima facie evidence of negligence.

(5)(a) In any civil action against the owner or operator of a drycleaning facility or a wholesale supply facility, or the owner of the real property on which such facility is located, if such facility is not eligible under s. 376.3078(3) and is not involved in voluntary cleanup under s. 376.3078(11), for damages arising from the discharge of drycleaning solvents from a drycleaning facility or wholesale supply facility, the provisions of subsection (3) shall not apply if it can be proven that, at the time of the discharge the alleged damages resulted solely from a discharge from a drycleaning facility or wholesale supply facility that was in compliance with department rules regulating drycleaning facilities or wholesale supply facilities.

(b) Any person bringing such an action must prove negligence in order to recover damages under this subsection. For the purposes of this subsection, noncompliance with s. 376.303 or s. 376.3078, or any of the rules promulgated pursuant thereto, or any applicable state or federal law or regulation, as the same may hereafter be amended, shall be prima facie evidence of negligence.

(6) The court, in issuing any final judgment in any 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. 84, ch. 83-310; s. 12, ch. 84-338; ss. 20, 21, ch. 86-159; s. 12, ch. 92-30; s. 10, ch. 94-355; s. 6, ch. 95-239; ss. 17, 18, ch. 98-75; s. 12, ch. 98-189; s. 6, ch. 2003-276; s. 68, ch. 2007-5; s. 16, ch. 2013-92.

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Amendments to 376.313

Annotations, Discussions, Cases:

Cases Citing Statute 376.313

Total Results: 39

Florida Patient's Compensation Fund v. Rowe

472 So. 2d 1145, 53 U.S.L.W. 2573, 10 Fla. L. Weekly 249, 1985 Fla. LEXIS 3238

Supreme Court of Florida | Filed: May 2, 1985 | Docket: 1793751

Cited 872 times | Published

Fla. Stat. (1983) (paternity determinations); § 376.313, Fla. Stat. (Supp. 1984) (pollution damage actions);

Blasland, Bouck & Lee, Inc. v. City of North Miami

283 F.3d 1286, 32 Envtl. L. Rep. (Envtl. Law Inst.) 20486, 53 ERC (BNA) 2153, 2002 U.S. App. LEXIS 3328, 2002 WL 331961

Court of Appeals for the Eleventh Circuit | Filed: Mar 1, 2002 | Docket: 212813

Cited 64 times | Published

quantum meruit, CERCLA, and Florida Statutes § 376.313 (a state cleanup-cost-recovery statute). The City

PaineWebber Income Properties Three Ltd. Partnership Ex Rel. Third Income Properties, Inc. v. Mobil Oil Corp.

902 F. Supp. 1514, 26 Envtl. L. Rep. (Envtl. Law Inst.) 20677, 1995 U.S. Dist. LEXIS 15403, 1995 WL 611149

District Court, M.D. Florida | Filed: Jun 23, 1995 | Docket: 297440

Cited 44 times | Published

Conservation and Recovery Act and Florida Statute, Section 376.313, and that these statutes do not provide Painewebber

Annette Florence v. Crescent Resources, LLC

484 F.3d 1293, 2007 WL 1138393

Court of Appeals for the Eleventh Circuit | Filed: Apr 18, 2007 | Docket: 213240

Cited 41 times | Published

Crescent and Rinehart were liable pursuant to § 376.313 Florida Statutes, a statute that creates a strict

ARAMARK UNIFORM AND APPAREL v. Easton

894 So. 2d 20, 29 Fla. L. Weekly Supp. 551, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20115, 2004 Fla. LEXIS 1743, 2004 WL 2251847

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 1767704

Cited 37 times | Published

and negligence), as well as a claim under section 376.313(3), Florida Statutes (2002). The trial court

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

common law and statutory strict liability (Section 376.313, Florida Statutes); (4) whether the trial judge

Magaly Pinares v. United Technologies Corporation

768 F.3d 1161

Court of Appeals for the Eleventh Circuit | Filed: Oct 6, 2014 | Docket: 1391147

Cited 23 times | Published

as well as a statutory claim under Fla. Stat. § 376.313. In Pinares, the plaintiff (who alleged

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

allege a claim for statutory liability under section 376.313(3), Florida Statutes (2004). Count 2 alleged

Miami-Dade County v. United States

345 F. Supp. 2d 1319, 2004 U.S. Dist. LEXIS 24098, 59 ERC (BNA) 1741

District Court, S.D. Florida | Filed: Sep 30, 2004 | Docket: 2437985

Cited 13 times | Published

relief pursuant *1325 to Section 376.313, Florida Statutes. Section 376.313 allows an individual to bring

Suarez v. City of Tampa

987 So. 2d 681, 2008 WL 268910

District Court of Appeal of Florida | Filed: Feb 1, 2008 | Docket: 1724232

Cited 12 times | Published

relief as to a statutory cause of action under section 376.313(3), Florida Statutes (2002). The circuit court

Italiano v. Jones Chemicals, Inc.

908 F. Supp. 904, 1995 U.S. Dist. LEXIS 19576, 1995 WL 775004

District Court, M.D. Florida | Filed: Nov 15, 1995 | Docket: 1019349

Cited 11 times | Published

the assessed contamination. "To interpret section 376.313(3) to provide for a private right of action

Mostoufi v. Presto Food Stores, Inc.

618 So. 2d 1372, 1993 WL 114770

District Court of Appeal of Florida | Filed: Apr 16, 1993 | Docket: 1376290

Cited 11 times | Published

created by section 376.313, Florida Statutes (1989). We conclude, however, that section 376.313 does not

The St. Joe Co. v. Leslie

912 So. 2d 21, 2005 WL 1788830

District Court of Appeal of Florida | Filed: Jul 29, 2005 | Docket: 1648557

Cited 10 times | Published

negligence; and (6) statutory liability under section 376.313(3), Florida Statutes (providing a civil cause

McMULLEN OIL v. ISS INTERN. SERVICE

698 So. 2d 372, 1997 WL 476458

District Court of Appeal of Florida | Filed: Aug 22, 1997 | Docket: 434883

Cited 9 times | Published

for an award of attorney's fees pursuant to section 376.313(5), Florida Statutes (1991). McMullen denied

Morgan v. WR Grace & Co.-Conn.

779 So. 2d 503, 2000 WL 1800555

District Court of Appeal of Florida | Filed: Dec 8, 2000 | Docket: 420177

Cited 8 times | Published

(1983).[2] This court has previously held that section 376.313(3), Florida Statutes (1991), does not create

Rhonda Williams v. Mosaic Fertilizer, LLC

889 F.3d 1239

Court of Appeals for the Eleventh Circuit | Filed: May 14, 2018 | Docket: 6664635

Cited 7 times | Published

discharge" claim. This claim was brought under Section 376.313 of the Florida Statutes, which confers a private

Kaplan v. Peterson

674 So. 2d 201, 1996 WL 283690

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1195287

Cited 7 times | Published

this case, the plaintiff essentially argued section 376.313 (1989) created a cause of action which is not

Curd v. Mosaic Fertilizer, LLC

993 So. 2d 1078, 2008 WL 4224835

District Court of Appeal of Florida | Filed: Sep 17, 2008 | Docket: 1516196

Cited 3 times | Published

principles of common law negligence or under section 376.313, Florida Statutes (2004), is a matter of great

Diversified Services, Inc. v. Simkins Industries, Inc.

974 F. Supp. 1448, 1997 U.S. Dist. LEXIS 14883, 1997 WL 391607

District Court, S.D. Florida | Filed: Mar 26, 1997 | Docket: 1010455

Cited 3 times | Published

and county regulations. For example, whether § 376.313 alleged in Counts III and IV establishes a private

Boardman Petro. v. Tropic Tint of Jupiter

668 So. 2d 308, 1996 WL 71262

District Court of Appeal of Florida | Filed: Feb 21, 1996 | Docket: 1686975

Cited 3 times | Published

not the award of attorney's fees was proper. Section 376.313(5) provides that the court may award attorney's

COURTNEY ENTERS. INC. v. Publix Super Markets, Inc.

788 So. 2d 1045, 2001 WL 387944

District Court of Appeal of Florida | Filed: Apr 18, 2001 | Docket: 1685230

Cited 2 times | Published

and another portion of the same chapter, section 376.313, Florida Statutes (1995), specifically states

Cal. Fin., LLC v. Perdido Land Dev. Co.

303 F. Supp. 3d 1306

District Court, M.D. Florida | Filed: Aug 9, 2017 | Docket: 64318090

Cited 1 times | Published

and a claim for violation of Florida Statute § 376.313 for the contamination of the Property (Count II)

Lee-Bolton v. Koppers Inc.

848 F. Supp. 2d 1342, 2011 U.S. Dist. LEXIS 103108, 2011 WL 4056077

District Court, N.D. Florida | Filed: Sep 13, 2011 | Docket: 65979740

Cited 1 times | Published

attorney’s fees to a prevailing Plaintiff. Fla. Stat. § 376.313(6) (“The court, in issuing any final judgment

Mt. Hawley Insurance v. Dania Distribution Centre, Ltd.

763 F. Supp. 2d 1359, 2011 U.S. Dist. LEXIS 9007, 2011 WL 346528

District Court, S.D. Florida | Filed: Jan 31, 2011 | Docket: 514030

Cited 1 times | Published

Discharge Prevention and Control Act, Fla. Stat. § 376.313, nuisance and trespass. Each of the Dixon plaintiffs

General Dynamics Corp. v. Brottem

53 So. 3d 334, 31 I.E.R. Cas. (BNA) 1225, 2010 Fla. App. LEXIS 20129, 2010 WL 5391519

District Court of Appeal of Florida | Filed: Dec 30, 2010 | Docket: 60298075

Cited 1 times | Published

Quality Assurance Act The WQAA, specifically section 376.313, provides a strict liability cause of action

Angelo v. Healthcare

824 So. 2d 997, 2002 Fla. App. LEXIS 12395, 2002 WL 1972320

District Court of Appeal of Florida | Filed: Aug 28, 2002 | Docket: 64817156

Cited 1 times | Published

pollution. The statute under consideration, section 376.313(3), stated “that the remedies of the WQAA ‘shall

Easton v. Aramark Uniform and Career

825 So. 2d 996, 2002 Fla. App. LEXIS 11184, 2002 WL 1790889

District Court of Appeal of Florida | Filed: Aug 6, 2002 | Docket: 1312525

Cited 1 times | Published

bench trial of Appellant's claims pursuant to section 376.313, Florida Statutes (2000), and various common

City of Jacksonville v. Jacksonville Hospitality Holdings, L.P.

Court of Appeals for the Eleventh Circuit | Filed: Sep 13, 2023 | Docket: 67718042

Published

Argued: Aug 23, 2023

9607(a), 9613(g)(2), and Florida Statute § 376.313. The three named defendants were Jacksonville

Joselyn Santiago v. Raytheon Technologies Corporation

Court of Appeals for the Eleventh Circuit | Filed: Aug 31, 2020 | Docket: 17532535

Published

Cynthia’s claim for strict liability under Fla. Stat. § 376.313. The Santiagos’ amended complaint added a fourth

Sabal Trail Transmission, LLC v. 3.921 Acres of Land in Lake County Florida

Court of Appeals for the Eleventh Circuit | Filed: Jan 22, 2020 | Docket: 16738848

Published

standards. See id. at 1242-44 (citing Fla. Stat. § 376.313). The

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

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

Published

PRIVATE CAUSE OF ACTION CONTAINED IN SECTION 376.313(3), FLORIDA STATUTES, [of the 1983 Water

CITY OF FORT LAUDERDALE v. WALTER HINTON

District Court of Appeal of Florida | Filed: Jul 24, 2019 | Docket: 15960212

Published

Count I seeks strict liability damages under section 376.313, Florida Statutes, for discharge of hazardous

Mosaic Fertilizer, LLC v. Curd

259 So. 3d 239

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 64699095

Published

well as a statutory cause of action under section 376.313(3), Florida Statutes (2004). Curd v. Mosaic

MOSAIC FERTILIZER, L L C v. HOWARD CURD

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 8158546

Published

well as a statutory cause of action under section 376.313(3), Florida Statutes (2004). Curd v. Mosaic

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

244 So. 3d 370

District Court of Appeal of Florida | Filed: Apr 18, 2018 | Docket: 6366182

Published

that the statutory cause of action created by section 376.313(3), Florida Statutes, under which Lieupo filed

Magaly Pinares v. United Technologies Corporation

Court of Appeals for the Eleventh Circuit | Filed: Oct 6, 2014 | Docket: 1393504

Published

as well as a statutory claim under Fla. Stat. § 376.313. In Pinares, the plaintiff (who alleged that

Sher v. Raytheon Co.

261 F.R.D. 651, 2009 U.S. Dist. LEXIS 93127, 2009 WL 3193152

District Court, M.D. Florida | Filed: Sep 30, 2009 | Docket: 66039496

Published

strict liability and liability under Fla. Stat. § 376.313. Plaintiffs also asked the Court to enter an Order

Painewebber Income Prop. v. MOBIL OIL CORPORATION

916 F. Supp. 1239

District Court, M.D. Florida | Filed: Feb 21, 1996 | Docket: 1054919

Published

discharge in Count I and, pursuant to Fla.Stat. § 376.313, in Count II for contractual indemnification,

PaineWebber Income Properties Three Ltd. Partnership v. Mobil Oil Corp.

916 F. Supp. 1239, 1996 U.S. Dist. LEXIS 2017

District Court, M.D. Florida | Filed: Feb 21, 1996 | Docket: 66002994

Published

discharge in Count I and, pursuant to Fla.Stat. § 376.313, in Count II for contrac- • tual indemnification