Florida Statute 376.78 | 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. 376.78

376.78 Legislative intent.—The Legislature finds and declares the following:

(1) The reduction of public health and environmental hazards on existing commercial and industrial sites is vital to their use and reuse as sources of employment, housing, recreation, and open space areas. The reuse of industrial land is an important component of sound land use policy for productive urban purposes which will help prevent the premature development of farmland, open space areas, and natural areas, and reduce public costs for installing new water, sewer, and highway infrastructure.

(2) The abandonment or underuse of brownfield sites also results in the inefficient use of public facilities and services, as well as land and other natural resources, extends conditions of blight in local communities, and contributes to concerns about environmental equity and the distribution of environmental risks across population groups.

(3) Incentives should be put in place to encourage responsible persons to voluntarily develop and implement cleanup plans without the use of taxpayer funds or the need for enforcement actions by state and local governments.

(4) Environmental and public health hazards cannot be eliminated without clear, predictable remediation standards that provide for the protection of the environment and public health.

(5) Site rehabilitation should be based on the actual risk that contamination may pose to the environment and public health, taking into account current and future land and water use and the degree to which contamination may spread and place the public or the environment at risk.

(6) According to the statistical proximity study contained in the final report of the Environmental Equity and Justice Commission, minority and low-income communities are disproportionately impacted by targeted environmentally hazardous sites. The results indicate the need for the health and risk exposure assessments of minority and poverty populations around environmentally hazardous sites in this state. Redevelopment of hazardous sites should address questions relating to environmental and health consequences.

(7) Environmental justice considerations should be inherent in meaningful public participation elements of a brownfields redevelopment program.

(8) The existence of brownfields within a community may contribute to, or may be a symptom of, overall community decline, including issues of human disease and illness, crime, educational and employment opportunities, and infrastructure decay. The environment is an important element of quality of life in any community, along with economic opportunity, educational achievement, access to health care, housing quality and availability, provision of governmental services, and other socioeconomic factors. Brownfields redevelopment, properly done, can be a significant element in community revitalization, especially within community redevelopment areas, enterprise zones, empowerment zones, closed military bases, or designated brownfield pilot project areas.

(9) Cooperation among federal, state, and local agencies, local community development organizations, and current owners and prospective purchasers of brownfield sites is required to accomplish timely cleanup activities and the redevelopment or reuse of brownfield sites.

History.—s. 2, ch. 97-277; s. 1, ch. 2014-114.

F.S. 376.78 on Google Scholar

F.S. 376.78 on Casetext

Amendments to 376.78

Arrestable Offenses / Crimes under Fla. Stat. 376.78

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.78.

Annotations, Discussions, Cases:

Cases Citing Statute 376.78

Total Results: 10

Deer Valley Realty, Inc. v. SB Hotel Associates, LLC

Court: District Court of Appeal of Florida | Date Filed: 2016-04-27

Citation: 190 So. 3d 203, 2016 WL 1660619, 2016 Fla. App. LEXIS 6412

Snippet: requirements. Horowitch, 107 So.3d at 376-78. They were therefore invalid and unenforceable

R.J. Reynolds Tobacco v. Ward

Court: District Court of Appeal of Florida | Date Filed: 2014-06-24

Citation: 141 So. 3d 236, 2014 WL 2852971, 2014 Fla. App. LEXIS 9544

Snippet: Aircraft Indus., Inc. v. Horowitch, 107 So.3d 362, 376-78 (Fla.2013) (requiring strict compliance with rule

Dial v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-11-14

Citation: 799 So. 2d 407, 2001 WL 1416420

Snippet: (quoting Sherman v. United States, 356 U.S. 369, 376, 78 S.Ct. 819, 2 L.Ed.2d 848 (1958)). Although the

Stivers v. Ford Motor Credit Co.

Court: District Court of Appeal of Florida | Date Filed: 2000-12-27

Citation: 777 So. 2d 1023, 2000 Fla. App. LEXIS 16890, 2000 WL 1872986

Snippet: to the groundwater resources"); §§ 376.30(3)(a), 376.78(1), 381.0101, Fla. Stat. (2000) ("environmental

Murphy v. International Robotic Systems, Inc.

Court: Supreme Court of Florida | Date Filed: 2000-08-17

Citation: 766 So. 2d 1010, 2000 WL 1158141

Snippet: the trial court, see id. at 709-13, 169 So. at 376-78, two of which related to the admission of evidence

Liberoff v. Liberoff

Court: District Court of Appeal of Florida | Date Filed: 1998-06-10

Citation: 711 So. 2d 1333, 1998 Fla. App. LEXIS 6633, 1998 WL 299944

Snippet: Agreement. See DeClaire v. Yohanan, 453 So.2d 375, 376-78 (Fla.1984); Whitman v. Whitman, 532 So.2d 82, 83

Munoz v. State

Court: Supreme Court of Florida | Date Filed: 1993-10-14

Citation: 629 So. 2d 90, 1993 WL 406367

Snippet: otherwise would not have attempted." [356 U.S. at 376, 78 S.Ct. at 822.] Law enforcement officials go too

Miami Herald Pub. Co. v. Morejon

Court: District Court of Appeal of Florida | Date Filed: 1988-07-26

Citation: 529 So. 2d 1204, 1988 WL 75970

Snippet: (en banc) (adopting on rehearing 539 F.2d 373, 376-78 (4th Cir.1976) (Winter, J., dissenting)); see also

Morris v. State

Court: District Court of Appeal of Florida | Date Filed: 1984-06-05

Citation: 456 So. 2d 471

Snippet: otherwise would not have attempted. 356 U.S. at 376, 78 S.Ct. at 822, 2 L.Ed.2d at 853. The government's

Griffin v. State

Court: Supreme Court of Florida | Date Filed: 1981-03-12

Citation: 396 So. 2d 152, 21 A.L.R. 4th 225

Snippet: it can more pure forms of expression.[2]Id. at 376-78, 88 S.Ct. at 1678-79. *158 The Supreme Court later