Florida Statute 376.91 | 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. 376.91

376.91 Statewide cleanup of perfluoroalkyl and polyfluoroalkyl substances.—

(1) DEFINITIONS.—As used in this section, the term:

(a) “Department” means the Department of Environmental Protection.

(b) “PFAS” means perfluoroalkyl and polyfluoroalkyl substances, including perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS).

(2) STATEWIDE CLEANUP TARGET LEVELS.—

(a) If the United States Environmental Protection Agency has not finalized its standards for PFAS in drinking water, groundwater, and soil by January 1, 2025, the department shall adopt by rule statewide cleanup target levels for PFAS in drinking water, groundwater, and soil using criteria set forth in s. 376.30701, with priority given to PFOA and PFOS. The rules for statewide cleanup target levels may not take effect until ratified by the Legislature.

(b) Until the department’s rule for a particular PFAS constituent has been ratified by the Legislature, a governmental entity or private water supplier may not be subject to any administrative or judicial action under this chapter brought by any state or local governmental entity to compel or enjoin site rehabilitation, to require payment for the cost of rehabilitation of environmental contamination, or to require payment of any fines or penalties regarding rehabilitation based on the presence of that particular PFAS constituent.

(c) Until site rehabilitation is completed or rules for statewide cleanup target levels are ratified by the Legislature, any statute of limitations that would bar a state or local governmental entity from pursuing relief in accordance with its existing authority is tolled from June 20, 2022.

(d) This section does not affect the ability or authority to seek any recourse or relief from any person who may have liability with respect to a contaminated site and who did not receive protection under paragraph (b).

History.—ss. 1, 2, ch. 2022-203.

F.S. 376.91 on Google Scholar

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Amendments to 376.91

Arrestable Offenses / Crimes under Fla. Stat. 376.91

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.91.

Annotations, Discussions, Cases:

Cases Citing Statute 376.91

Total Results: 5

Brandon-Thomas v. Brandon-Thomas

Court: District Court of Appeal of Florida | Date Filed: 2015-04-24

Citation: 163 So. 3d 644, 2015 Fla. App. LEXIS 6051, 2015 WL 1874457

Snippet: effectively empowered to settle their disputes. Id. at 376, 91 S.Ct. 780. The Court concluded that a State’s refusal

Jones v. State

Court: Supreme Court of Florida | Date Filed: 1997-10-20

Citation: 701 So. 2d 76, 1997 WL 652073

Snippet: v. Resweber, 329 U.S. 459, 464, 67 S.Ct. 374, 376, 91 L.Ed. 422 (1947) ("The cruelty against which the

Hamblen v. State

Court: Supreme Court of Florida | Date Filed: 1990-07-16

Citation: 565 So. 2d 320, 1990 WL 103133

Snippet: v. Resweber, 329 U.S. 459, 463 [67 S.Ct. 374, 376, 91 L.Ed. 422] (1947) (plurality opinion). Buenoano

Squires v. State

Court: Supreme Court of Florida | Date Filed: 1990-07-05

Citation: 565 So. 2d 318, 1990 WL 93089

Snippet: v. Resweber, 329 U.S. 459, 463 [67 S.Ct. 374, 376, 91 L.Ed. 422] (1947) (plurality opinion). Buenoano

Buenoano v. State

Court: Supreme Court of Florida | Date Filed: 1990-06-20

Citation: 565 So. 2d 309, 1990 WL 85747

Snippet: v. Resweber, 329 U.S. 459, 463, 67 S.Ct. 374, 376, 91 L.Ed. 422 (1947) (plurality opinion). We affirm