Florida Statute 376.317 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.317

376.317 Superseded laws; state preemption.—

(1) If any provision of ss. 376.30-376.317 or of the rules developed pursuant to such sections, which provision pertains to a facility maintained for the purpose of the underground storage of petroleum products for use as fuel in vehicles, including, but not limited to, those vehicles used on and off roads, aircraft, watercraft, and rail, is in conflict with any other provision, limitation, or restriction which is now in effect under any law of this state or any ordinance of a local government, political subdivision, or municipality, or any rule or regulation adopted thereunder, the provisions of ss. 376.30-376.317 shall control, except as provided in subsection (3).

(2) Except as provided in subsection (3), the state preempts the regulation of the prevention and removal of pollutant discharges from a facility described in subsection (1) which has no single tank having a capacity exceeding 40,000 gallons at any time.

(3) A county government is authorized to adopt countywide ordinances that regulate underground storage tanks, as described herein, which ordinances are the same as or more stringent or extensive than any state law or rule regulating such tanks, provided:

(a) The original ordinance was legally adopted and in force before September 1, 1984; or

(b) The ordinance establishing a more stringent or extensive local program is approved by the department pursuant to subsection (5) after the county demonstrates to the department that it has effectively administered the state law or rules for a period of 2 years prior to filing a petition for approval. However, any county which has sought approval of a local tank program from the department prior to January 1, 1988, shall not be required to demonstrate that it has effectively administered the state program for any minimum period.

(4) The department shall either approve or disapprove a request to contract for a compliance verification program authorized pursuant to s. 376.3073 within 90 days after receipt of the complete application. If approved, the department shall provide full funding to the local government to carry out the contracted compliance and enforcement responsibilities pursuant to s. 376.3073. The department may not disapprove an application due to the population size of a county and may delegate compliance verification and enforcement to those local governments who agree to enforce the state’s program jointly.

(5) The department is authorized to permit any county government to establish, in accordance with s. 403.182, a program regulating underground storage tanks, which program is more stringent or extensive than that established by any state law or rule regulating underground storage tanks. The department shall approve or deny a request by a county for approval of an ordinance establishing such a program according to the procedures and time limits of s. 120.60. The department shall consider local conditions that warrant such more stringent or extensive regulation of underground storage tanks, including, but not limited to, the proximity of the county to a sole or single-source aquifer, the potential threat to the public water supply because of the proximity of underground storage tanks to public wells or groundwater, or the detection of petroleum products in public or private water supplies.

(6) A county government may adopt an ordinance regulating underground storage tanks that is the same as any state law or rule regulating such tanks upon approval by the department of a completed application.

History.—s. 13, ch. 84-338; s. 23, ch. 86-159; s. 5, ch. 87-374; s. 18, ch. 88-156; s. 6, ch. 88-331; s. 7, ch. 89-188; s. 13, ch. 92-30; s. 70, ch. 2007-5; s. 36, ch. 2013-18.

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Amendments to 376.317

Arrestable Offenses / Crimes under Fla. Stat. 376.317

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.317.

Annotations, Discussions, Cases:

Cases Citing Statute 376.317

Total Results: 8

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

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

Snippet: in 1983 and codified at sections 376.30–376.317, Florida Statutes, (the “1983 act”). The

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: passed in 1983 and codified at sections 376.30-376.317, Florida Statutes, (the “1983 act”). The 1970 act

Alachua County v. Florida Petroleum Marketers Ass'n

Court: Supreme Court of Florida | Date Filed: 1991-10-10

Citation: 589 So. 2d 240, 16 Fla. L. Weekly Supp. 657, 1991 Fla. LEXIS 1747, 1991 WL 201574

Snippet: (DER) for approval in accordance with section 376.317(8), Florida Statutes (1987). On July 7, 1987, the

Alachua County v. Lewis Oil Co.

Court: District Court of Appeal of Florida | Date Filed: 1989-12-29

Citation: 554 So. 2d 1210, 1989 Fla. App. LEXIS 7450, 1989 WL 155602

Snippet: tanks. We affirm. Pursuant to Sections 376.30-376.317, Florida Statutes (Supp.1986), the state has preempted

Alachua County v. Florida Petroleum Marketers Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1989-12-04

Citation: 553 So. 2d 327, 14 Fla. L. Weekly 2777, 1989 Fla. App. LEXIS 6829, 1989 WL 145758

Snippet: the construction industry. Section 18 amended § 376.317, Fla.Stat., relating to the underground storage

Alachua County v. Lewis Oil Co., Inc.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-09

Citation: 516 So. 2d 1033, 1987 WL 2640

Snippet: which Lewis Oil seeks approval. In sections 376.30-376.317, Florida Statutes (1985), the state preempted the

Lewis Oil Co., Inc. v. Alachua County

Court: District Court of Appeal of Florida | Date Filed: 1986-10-06

Citation: 496 So. 2d 184, 11 Fla. L. Weekly 2116, 1986 Fla. App. LEXIS 9963

Snippet: turns primarily on the construction of section 376.317, Florida Statutes (1985), and related statutory

Consumers Water Co. v. City of South Miami

Court: District Court of Appeal of Florida | Date Filed: 1963-04-11

Citation: 151 So. 2d 845, 1963 Fla. App. LEXIS 3578, 1963 WL 110887

Snippet: deposits 16,015.00 50% Income Tax 2,739.00 47,883.00 $376,317.00 Net operating income $ 26,532.00 Depreciation