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: Fla. | Date Filed: 2019-12-18T23:53:00-08:00

Snippet: PRIVATE CAUSE OF ACTION CONTAINED IN SECTION 376.313(3), FLORIDA STATUTES, [of the 1983 Water …injuries. He filed his complaint under section 376.313(3), Florida Statutes, [of the 1983 Water …Lieupo could not seek recovery under section 376.313(3) because that statute did not permit recovery…recovery of “all damages.” Specifically, section 376.313(3), Florida Statutes (2011), of the 1983 act states…Lieupo filed his cause of action under section 376.313(3) of the 1983 act, the “all damages” language

CITY OF FORT LAUDERDALE v. WALTER HINTON

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-24T00:53:00-07:00

Snippet: I seeks strict liability damages under section 376.313, Florida Statutes, for discharge of hazardous substances…cannot maintain a claim for damages under section 376.313. 2 The trial court granted summary judgment… the Hintons’ claims for damages under section 376.313 and the negligence claim are subject to the sovereign…condemnation claim, and claim for damages under section 376.313, finding no immunity. The court again concluded…discharge of hazardous substances under section 376.313 is completely barred because the sovereign immunity

Mosaic Fertilizer, LLC v. Curd

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-09T00:00:00-08:00

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…2008) ). The supreme court concluded that section 376.313(3) provides "private causes of action to any

MOSAIC FERTILIZER, L L C v. HOWARD CURD

Court: Fla. Dist. Ct. App. | Date Filed: 2018-11-08T23:53:00-08:00

Snippet: as a statutory cause of action under section 376.313(3), Florida Statutes (2004). Curd v. Mosaic Fertilizer…2008)). The supreme court concluded that section 376.313(3) provides "private causes of action to any

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

Court: Fla. Dist. Ct. App. | Date Filed: 2018-04-18T00:53:00-07:00

Snippet: the statutory cause of action created by section 376.313(3), Florida Statutes, under which Lieupo filed …injuries. He filed his complaint under section 376.313(3), Florida Statutes, which imposes strict liability…that Lieupo could not seek recovery under section 376.313(3) because that statute did not permit recovery…sole issue before this court is whether section 376.313(3) permits recovery for personal injury. 2 This…injury claims from being brought under section 376.313(3), but we certify a question of great public importance

General Dynamics Corp. v. Brottem

Court: Fla. Dist. Ct. App. | Date Filed: 2010-12-30T00:00:00-08:00

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…pollutive condition and that it has occurred.” § 376.313(3), Fla. Stat. (2008). This subsection then provides…from Plaintiffs’ WQAA claims. However, section 376.313(3) limits defenses for a WQAA claim to “only” those…that it would not be reasonable to read section 376.313(3) as barring all legal and statutory defenses

Curd v. Mosaic Fertilizer, LLC

Court: Fla. | Date Filed: 2010-06-17T00:00:00-07:00

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…fishermen’s statutory liability claim under section 376.313(3), the court concluded that there is no Florida…that permits a recovery for damages under section 376.313(3) when the party seeking the damages does not …into the statute a legislative intent in section 376.313(3) to allow such economic claims based on the fishermen…Zold, 911 So.2d 1222, 1229-30 (Fla.2005). Section 376.313(3), Florida Statutes (2004), provides as follows

Curd v. Mosaic Fertilizer, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-17T00:53:00-07:00

Citation: 993 So. 2d 1078

Snippet: provision is currently codified in section 376.313(3). Section 376.313(3) reads: Except as provided in s. 376.3078…principles of common law negligence or under section 376.313, Florida Statutes (2004), is a matter of great … PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376.313, FLORIDA STATUTES (2004), PERMIT COMMERCIAL FISHERMEN… a claim for statutory liability under section 376.313(3), Florida Statutes (2004). Count 2 alleged common…final claim is a statutory claim under section 376.313(3). The supreme court has held that statutory causes

Suarez v. City of Tampa

Court: Fla. Dist. Ct. App. | Date Filed: 2008-01-31T23:53:00-08:00

Citation: 987 So. 2d 681

Snippet: as to a statutory cause of action under section 376.313(3), Florida Statutes (2002). The circuit court …summary judgment as to this claim because section 376.313(3) provides a private right of action for clean-up…unequivocal ruling that the claim asserted under section 376.313(3) was barred by the statute of limitations. Since

The St. Joe Co. v. Leslie

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-29T00:53:00-07:00

Citation: 912 So. 2d 21

Snippet: negligence; and (6) statutory liability under section 376.313(3), Florida Statutes (providing a civil cause of…causation could not be established. Even under section 376.313, Florida Statutes (2004), which does not require… causation, Appellees would not prevail. See § 376.313, Fla. Stat. (requiring only that plaintiff "

ARAMARK UNIFORM AND APPAREL v. Easton

Court: Fla. | Date Filed: 2004-10-07T00:53:00-07:00

Citation: 894 So. 2d 20

Snippet: covered by ss. 376.30-376.319." § 376.313(3). Section 376.313(3) establishes the parameters of a private… negligence), as well as a claim under section 376.313(3), Florida Statutes (2002). The trial court held…Court of Appeal reversed, holding that section 376.313(3) created a cause of action for strict liability…relied on two other cases holding that section 376.313 creates a cause of action. See Cunningham v. Anchor…complaint stated a cause of action under section 376.313), review denied, 574 So.2d 139 (Fla.1990); Kaplan

Angelo v. Healthcare

Court: Fla. Dist. Ct. App. | Date Filed: 2002-08-28T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2002-08-06T00:53:00-07:00

Citation: 825 So. 2d 996

Snippet: to section 376.313. Likewise, Appellant's claim for damages pursuant to section 376.313(3) states … of Appellant's claims pursuant to section 376.313, Florida Statutes (2000), and various common law…. Because we agree with Appellant that section 376.313(3), Florida Statutes (2000), provides a cause of…strict liability, we reverse. *998 I. Section 376.313(3) states: Notwithstanding any other provision …Mostoufi, the court concluded that "section 376.313 does not create a statutory cause of action as

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-04-18T00:00:00-07:00

Citation: 788 So. 2d 1045

Snippet: and another portion of the same chapter, section 376.313, Florida Statutes (1995), specifically states that…sections "toothless." However, section 376.313(3) states that the remedies of the WQAA "shall…be prohibited, despite the language of section 376.313 preserving these causes of action. We disagree.…landowner suing his predecessor in title under section 376.313(3) for strict liability for damages resulting from… dismissal of the action, holding that section 376.313(3) did not create a cause of action for damages

Morgan v. WR Grace & Co.-Conn.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-12-08T00:00:00-08:00

Citation: 779 So. 2d 503

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: Fla. Dist. Ct. App. | Date Filed: 1997-08-22T00:53:00-07:00

Citation: 698 So. 2d 372

Snippet: Statutes (1990), and 376.313(5), Florida Statutes (1989). [2] Section 376.313(5), Florida Statutes (…award of attorney's fees pursuant to section 376.313(5), Florida Statutes (1991). McMullen denied that

Kaplan v. Peterson

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-31T00:00:00-07:00

Citation: 674 So. 2d 201

Snippet: case, the plaintiff essentially argued section 376.313 (1989) created a cause of action which is not barred…" § 376.305(1), Fla.Stat. (1989). Section 376.313(3) also provides that nothing in the law affects…fees and costs of litigation may be awarded. § 376.313(5), Fla.Stat. (1989). Pursuant to other sections….2d 139 (Fla.1990), the court held that section 376.313 creates an individual cause of action for persons…to state a cause of action pursuant to section 376.313: [T]he toxic substances utilized by the defendants

Boardman Petro. v. Tropic Tint of Jupiter

Court: Fla. Dist. Ct. App. | Date Filed: 1996-02-20T23:53:00-08:00

Citation: 668 So. 2d 308

Snippet: the prevailing plaintiff pursuant to sections 376.313(5) (Pollutant Discharge Prevention and Control …award of attorney's fees was proper. Section 376.313(5) provides that the court may award attorney'…appellees were not entitled to fees under section 376.313 because the litigation merely advanced appellees

Mostoufi v. Presto Food Stores, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1993-04-16T00:53:00-07:00

Citation: 618 So. 2d 1372

Snippet: created by section 376.313, Florida Statutes (1989). We conclude, however, that section 376.313 does not create…section 376.313, and in Count II a common law negligence cause of action using section 376.313 as a statutory…mandate in section 376.313 to provide otherwise. Moreover, to interpret section 376.313 otherwise would …appellees on the statutory language of section 376.313(3). That section, in its pertinent parts, provides…it has occurred. Appellant argues that section 376.313(3) creates a statutory cause of action in private

Jones v. Sun Bank/Miami, NA

Court: Fla. Dist. Ct. App. | Date Filed: 1992-11-23T23:53:00-08:00

Citation: 609 So. 2d 98

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