Florida Statute 376.313 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

View Entire Chapter

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.

F.S. 376.313 on Google Scholar

F.S. 376.313 on Casetext

Amendments to 376.313

Arrestable Offenses / Crimes under Fla. Stat. 376.313

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.313.

Annotations, Discussions, Cases:

Cases Citing Statute 376.313

Total Results: 20

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

Court: Supreme Court of Florida | Date Filed: 2019-12-19

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

CITY OF FORT LAUDERDALE v. WALTER HINTON

Court: District Court of Appeal of Florida | Date Filed: 2019-07-24

Snippet: I seeks strict liability damages under section 376.313, Florida Statutes, for discharge of hazardous substances

Mosaic Fertilizer, LLC v. Curd

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

Citation: 259 So. 3d 239

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

MOSAIC FERTILIZER, L L C v. HOWARD CURD

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-04-18

Citation: 244 So. 3d 370

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

General Dynamics Corp. v. Brottem

Court: District Court of Appeal of Florida | Date Filed: 2010-12-30

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

Snippet: Assurance Act The WQAA, specifically section 376.313, provides a strict liability cause of action against

Curd v. Mosaic Fertilizer, LLC

Court: Supreme Court of Florida | Date Filed: 2010-06-17

Citation: 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

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

Curd v. Mosaic Fertilizer, LLC

Court: District Court of Appeal of Florida | Date Filed: 2008-09-17

Citation: 993 So. 2d 1078, 2008 WL 4224835

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

Suarez v. City of Tampa

Court: District Court of Appeal of Florida | Date Filed: 2008-02-01

Citation: 987 So. 2d 681, 2008 WL 268910

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

The St. Joe Co. v. Leslie

Court: District Court of Appeal of Florida | Date Filed: 2005-07-29

Citation: 912 So. 2d 21, 2005 WL 1788830

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

ARAMARK UNIFORM AND APPAREL v. Easton

Court: Supreme Court of Florida | Date Filed: 2004-10-07

Citation: 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

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

Angelo v. Healthcare

Court: District Court of Appeal of Florida | Date Filed: 2002-08-28

Citation: 824 So. 2d 997, 2002 Fla. App. LEXIS 12395

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

Easton v. Aramark Uniform and Career

Court: District Court of Appeal of Florida | Date Filed: 2002-08-06

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2001-04-18

Citation: 788 So. 2d 1045, 2001 WL 387944

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

Morgan v. WR Grace & Co.-Conn.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-08

Citation: 779 So. 2d 503, 2000 WL 1800555

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

McMULLEN OIL v. ISS INTERN. SERVICE

Court: District Court of Appeal of Florida | Date Filed: 1997-08-22

Citation: 698 So. 2d 372, 1997 WL 476458

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

Kaplan v. Peterson

Court: District Court of Appeal of Florida | Date Filed: 1996-05-31

Citation: 674 So. 2d 201, 1996 WL 283690

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

Boardman Petro. v. Tropic Tint of Jupiter

Court: District Court of Appeal of Florida | Date Filed: 1996-02-21

Citation: 668 So. 2d 308, 1996 WL 71262

Snippet: the prevailing plaintiff pursuant to sections 376.313(5) (Pollutant Discharge Prevention and Control

Mostoufi v. Presto Food Stores, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1993-04-16

Citation: 618 So. 2d 1372, 1993 WL 114770

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

Jones v. Sun Bank/Miami, NA

Court: District Court of Appeal of Florida | Date Filed: 1992-11-24

Citation: 609 So. 2d 98, 1992 WL 348351

Snippet: Chapter 376 F.S. (1986), and more specifically Sec. 376.313 F.S. (1986) which creates a private right of action