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2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.13 - Emergency Proclamation; Governor’s Powers.

376.13 Emergency proclamation; Governor’s powers.—
(1) Whenever any emergency exists or appears imminent, arising from the discharge of oil, petroleum products or their byproducts, or any other pollutants, the Governor shall by proclamation declare the fact and that a state of emergency exists in any or all sections of the state. If the Governor is unavailable, the Lieutenant Governor shall, by proclamation, declare the fact and that a state of emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the Department of State.
(2) In performing his or her duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the Federal Government, the offices and agencies of other states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to an emergency as described herein.
(3) In performing his or her duties under this section, the Governor is further authorized and empowered:
(a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out this section within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations, and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.
(b) To delegate any authority vested in the Governor under this section and to provide for the subdelegation of any such authority.
(4) Whenever the Governor is satisfied that an emergency no longer exists, he or she may terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. The proclamation shall be published in such newspapers of the state and posted in such places as the Governor, or any person acting in that capacity, deems appropriate.
History.—s. 13, ch. 70-244; s. 1, ch. 70-439; s. 39, ch. 83-334; s. 614, ch. 95-148.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.14 - Vessels; Financial Responsibility; Claims Against Providers of Financial Responsibility; Service of Process Against Responsible Parties.

376.14 Vessels; financial responsibility; claims against providers of financial responsibility; service of process against responsible parties.—
(1) Each owner or operator of a terminal facility or vessel, including any barge, using any port in Florida shall be required to establish and maintain evidence of financial responsibility pursuant to federal laws and regulations. Such evidence of financial responsibility shall be the only evidence required by the department that such registrant or vessel has the ability to meet the liabilities which may be incurred under ss. 376.011-376.21.
(2) Any claim brought pursuant to ss. 376.011-376.21 by the fund or any damaged party against a responsible party may be brought directly against the bond, the insurer, or any other person providing the responsible party with evidence of financial responsibility.
(3) Each owner or operator of a terminal facility or vessel subject to the provisions of ss. 376.011-376.21 shall designate a person in the state as the owner’s or operator’s legal agent for service of process under ss. 376.011-376.21, and such designation shall be filed with the Department of State. In the absence of such designation, the Secretary of State shall be the designated agent for purposes of service of process under ss. 376.011-376.21.
History.—s. 14, ch. 70-244; s. 1, ch. 70-439; s. 13, ch. 74-336; s. 615, ch. 95-148; s. 11, ch. 96-263.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.165 - “Hold-Harmless” Agreements Prohibited.

376.165 “Hold-harmless” agreements prohibited.—Any agreement entered into after July 1, 1974, to “hold-harmless” a vessel or terminal facility from liability for the occurrence of a discharge prohibited by ss. 376.011-376.21, agreed to by a governmental agency or political subdivision, is deemed contrary to public policy and is hereby prohibited.
History.—s. 14, ch. 74-336.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.19 - County and Municipal Ordinances; Powers Limited.

376.19 County and municipal ordinances; powers limited.—Nothing in ss. 376.011-376.21 shall be construed to deny any county or municipality authority to exercise police powers by ordinance or law under any general or special act, and laws and ordinances promulgated in furtherance of the intent of ss. 376.011-376.21 to promote the general welfare, public health, and public safety shall be valid unless in direct conflict with the provisions of ss. 376.011-376.21 or any rule, regulation, or order of the department adopted under authority of ss. 376.011-376.21. However, in order to avoid unnecessary duplication, no county, municipality, or other political subdivision of the state may adopt or establish a similar program of licensing and fees for the accomplishment of the purposes of ss. 376.011-376.21.
History.—s. 19, ch. 70-244.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.20 - Limitation on Application.

376.20 Limitation on application.—Nothing in ss. 376.011-376.21 shall be deemed to apply to the storage or transportation of liquefied petroleum gas or to industrial effluents discharged into the waters or atmosphere of the state pursuant to either a federal or state permit.
History.—s. 20, ch. 70-244; s. 2, ch. 71-137; s. 17, ch. 74-336.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.205 - Individual Cause of Action for Damages Under Ss. 376.011-376.21.

376.205 Individual cause of action for damages under ss. 376.011-376.21.—The remedies in this act shall be deemed to be cumulative and not exclusive. Nothing in this act shall require pursuit of any claim against the fund as a condition precedent to any remedy against a responsible party. Notwithstanding any other provision of law, any person may bring a cause of action against a responsible party in a court of competent jurisdiction for damages, as defined in s. 376.031, resulting from a discharge or other condition of pollution covered by ss. 376.011-376.21. In any such suit, it shall not be necessary for the 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 occurred. The only defenses to such cause of action shall be those specified in s. 376.12(7). The court, in issuing any final judgment in 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. 18, ch. 74-336; s. 51, ch. 91-221; s. 13, ch. 96-263.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.207 - Traps Impregnated With Pollutants Prohibited.

376.207 Traps impregnated with pollutants prohibited.—No person shall, within the territorial limits of the state, impregnate with a pollutant any lobster trap or other trap used to take saltwater products. After July 31, 1996, no person shall deposit into the waters of the state any trap that has been impregnated with a pollutant.
History.—s. 14, ch. 96-263.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.21 - Construction of Ss. 376.011-376.21.

376.21 Construction of ss. 376.011-376.21.—Sections 376.011-376.21, being necessary for the general welfare and the public health and safety of the state and its inhabitants, shall be liberally construed to effect the purposes set forth under ss. 376.011-376.21 and the Federal Water Pollution Control Act, as amended.
History.—s. 21, ch. 70-244; s. 19, ch. 74-336.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.302 - Prohibited Acts; Penalties.

376.302 Prohibited acts; penalties.—
(1) It shall be a violation of this chapter and it shall be prohibited for any reason:
(a) To discharge pollutants or hazardous substances into or upon the surface or ground waters of the state or lands, which discharge violates any departmental “standard” as defined in s. 403.803(13).
(b) To fail to obtain any permit or registration required by this chapter or by rule, or to violate or fail to comply with any statute, rule, order, permit, registration, or certification adopted or issued by the department pursuant to its lawful authority.
(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, registration, rule, or order issued under this chapter.
(2) Except as provided in s. 376.311, any person who commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s. 403.141.
(3) Any person who willfully commits a violation specified in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not less than $2,500 or more than $25,000, or punishable by 1 year in jail, or by both for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.
(4) Any person who commits a violation specified in paragraph (1)(c) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not more than $10,000, or by 6 months in jail, or by both for each offense.
(5) A person who commits fraud in representing his or her qualifications as a contractor or in submitting a payment invoice pursuant to s. 376.3071 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to ensure immediate and continued compliance with this act.
History.—s. 84, ch. 83-310; s. 8, ch. 84-338; s. 4, ch. 92-30; s. 1, ch. 94-311; s. 4, ch. 94-355; s. 6, ch. 2014-151.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.304 - Review and Analysis of Disposal Materials or Byproducts; Disposal at Designated Local Government Solid Waste Disposal Facilities.

376.304 Review and analysis of disposal materials or byproducts; disposal at designated local government solid waste disposal facilities.—
(1) The Legislature finds and declares that it is in the public interest to facilitate the activities necessary and essential to clean up the release of pollutants which threaten Florida’s unique and fragile environment. The Legislature finds that it is in the public interest to authorize appropriate actions to manage and control the costs associated with activities integrally involved with cleanup of sites contaminated with pollutants.
(2) The department is authorized to review and analyze the disposal materials or byproducts used or resulting from the cleanup of the release of pollutants in the waters of the state. Such materials that are determined by the department not to require extraordinary handling or disposal requirements may be designated for disposal in nearby existing local government solid waste disposal facilities where such facilities are determined to be designed and operated in a manner where disposal of such materials would not constitute an unreasonable risk to public health and the environment. Such designation by the department shall not be disallowed by actions of the local government responsible for operating the solid waste disposal facility. The designation by the department of a local government’s solid waste facility as the location for disposing of materials and byproducts resulting from the activities essential to the cleanup of pollutants in the waters of the state shall constitute final agency action subject to review pursuant to chapter 120.
History.—s. 27, ch. 90-54; s. 299, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.306 - Cattle-Dipping Vats; Legislative Findings; Liability.

376.306 Cattle-dipping vats; legislative findings; liability.—
(1) The Legislature finds that:
(a) In excess of 3,200 cattle-dipping vats were constructed in the state as a result of local, state, and federal programs, conducted from 1906 through 1961, for the prevention, suppression, control, or eradication of the disease commonly known as tick fever by eradicating the cattle fever tick, the arthropod vector organism responsible for transmission of the disease.
(b) Most cattle-dipping vats were constructed with public funds and operated under local, state, and Federal Government supervision and control.
(c) Most vats were used to dip cattle and other livestock owned by several different persons, irrespective of ownership of the property on which the vat was located.
(d) Throughout most of the tick eradication program, the state established criteria for chemical solutions to be used in the vats; annually bid, purchased, and distributed materials to be used in said chemical solutions; and expressly authorized use of chemicals, including, but not limited to, various arsenicals, DDT, and Toxaphene.
(e) Cattle-dipping vats are located on lands presently both privately and publicly owned.
(f) Participation in the cattle fever tick eradication program was mandated by state law. Livestock owners who failed to participate were subjected to criminal penalties, including fines and imprisonment, and civil penalties, including, but not limited to, condemnation and killing of their livestock, payment of costs for the killing and disposal of carcasses by the sheriff or her or his deputies, and payment of fees for dipping performed by the state.
(g) Private owners of property upon which cattle-dipping vats are located should not be held liable for any costs, damages, or penalties arising or resulting from participation in the cattle fever tick eradication program.
(2) Any private owner of property in this state upon which cattle-dipping vats are located shall not be liable to the state under any state law, or to any other person seeking to enforce state law, for any costs, damages, or penalties associated with the discharge, evaluation, contamination, assessment, or remediation of any substances or derivatives thereof that were used in the vat for the eradication of the cattle fever tick. This provision shall be broadly construed to the benefit of said private owner.
History.—s. 1, ch. 96-351; s. 48, ch. 97-96.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.30715 - Innocent Victim Petroleum Storage System Restoration.

376.30715 Innocent victim petroleum storage system restoration.—A contaminated site acquired by the current owner prior to July 1, 1990, which has ceased operating as a petroleum storage or retail business prior to January 1, 1985, is eligible for financial assistance pursuant to s. 376.305(6), notwithstanding s. 376.305(6)(a). For purposes of this section, the term “acquired” means the acquisition of title to the property; however, a subsequent transfer of the property to a spouse or child of the owner, a surviving spouse or child of the owner in trust or free of trust, a revocable trust created for the benefit of the settlor, or a corporate entity created by the owner to hold title to the site does not disqualify the site from financial assistance pursuant to s. 376.305(6), and applicants previously denied coverage may reapply. Eligible sites shall be ranked in accordance with s. 376.3071(5).
History.—ss. 28, 54, 55, ch. 2005-71; s. 4, ch. 2005-180; s. 1, ch. 2008-239; s. 10, ch. 2012-205.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.30716 - Cleanup of Certain Sites.

376.30716 Cleanup of certain sites.—
(1) As used in this section, the term:
(a) “Exclusion zone” means the subsurface area within 10 feet of an underground storage tank, integral piping, and dispenser, and the area between the underground storage tank and dispenser.
(b) “Subsequently discovered discharge” means a discharge or suspected discharge that is discovered on or after July 1, 2005, at a site eligible for state funding under s. 376.305, s. 376.3071, or s. 376.3072.
(2) As noted in s. 376.30714, it may be difficult to distinguish between a discharge of petroleum products from a petroleum storage system which is eligible for state funding and a discharge reported after December 31, 1998, which is not eligible for state funding. Until the secondary containment upgrade of underground storage tanks, as required under rule 62-761, Florida Administrative Code, is complete at a site, a subsequently discovered discharge at the site is presumed to be part of the original discharge that qualifies for state funding. However, this presumption does not apply:
(a) If the department presents competent and substantial evidence demonstrating that the subsequently discovered discharge occurred from a source that is independent and separate from the discharge that qualifies for state funding.
(b) To a site where petroleum storage systems have been upgraded, prior to July 1, 2005, to secondary containment in accordance with rule 62-761, Florida Administrative Code.
(c) To a site having newly discovered free product outside the exclusion zone.
(d) To a site having an increase in the concentration of existing petroleum contamination outside the exclusion zone of 1,000 percent or greater.
(e) To a site for which the department has, by a current valid order, determined that the discharge that is eligible for state funding has been cleaned up or no further action is necessary.
(3) Section 376.30714 does not apply to a subsequently discovered discharge. The department shall not, as part of a closure report or assessment for a site that is eligible for state funding under s. 376.305, s. 376.3071, or s. 376.3072, require soil or groundwater sampling.
(4) Regardless of whether the presumption specified in subsection (2) applies, a facility owner or operator shall:
(a) Report all incidents or discharges in accordance with rules of the department.
(b) Provide to the department a copy of all test results of storage tank and piping tightness regardless of the results.
History.—s. 1, ch. 2006-104.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.3077 - Unlawful to Deposit Motor Fuel in Tank Required to Be Registered, Without Proof of Registration Display.

376.3077 Unlawful to deposit motor fuel in tank required to be registered, without proof of registration display.—It is unlawful for any owner, operator, or supplier to pump or otherwise deposit any motor fuel into a tank required to be registered under s. 376.303 unless proof of valid registration is displayed on such tank itself or the dispensing or measuring device connected thereto or, where appropriate, in the office or kiosk of the facility where the tank is located. The department shall enforce the provisions of this section pursuant to this chapter. The department may enter into an interagency agreement with the Department of Agriculture and Consumer Services to enforce the provisions of this section.
History.—s. 8, ch. 87-374; s. 5, ch. 88-331; s. 18, ch. 91-305; s. 303, ch. 94-356.
Note.—Former s. 526.3055.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.309 - Facilities, Financial Responsibility.

376.309 Facilities, financial responsibility.—
(1) Each owner of a facility is required to establish and maintain evidence of financial responsibility. Such evidence of financial responsibility shall be the only evidence required by the department that such owner has the ability to meet the liabilities which may be incurred under ss. 376.30-376.317.
(2) Any claim brought pursuant to ss. 376.30-376.317 may be brought directly against the bond, the insurer, or any other person providing a facility with evidence of financial responsibility.
(3) Each owner of a facility subject to the provisions of ss. 376.30-376.317 shall designate a person in the state as his or her legal agent for service of process under ss. 376.30-376.317, and such designation shall be filed with the Department of State. In the absence of such designation, the Secretary of State shall be the designated agent for purposes of service of process under ss. 376.30-376.317.
History.—s. 84, ch. 83-310; s. 19, ch. 86-159; s. 617, ch. 95-148; s. 67, ch. 2007-5.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.311 - Penalties for a Discharge.

376.311 Penalties for a discharge.—
(1) The penalty provisions of this section do not apply to any discharge promptly reported and, where applicable, removed by an operator in accordance with the rules and orders of the department when the site has been determined eligible for participation in a program described in s. 376.3078 or s. 376.3079.
(2) Penalties assessed herein for a discharge shall be in accordance with the provisions administered by the department in chapter 403.
History.—s. 84, ch. 83-310; s. 11, ch. 92-30; s. 9, ch. 94-355; s. 12, ch. 96-277.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.315 - Construction of Ss. 376.30-376.317.

376.315 Construction of ss. 376.30-376.317.—Sections 376.30-376.317, being necessary for the general welfare and the public health and safety of the state and its inhabitants, shall be liberally construed to effect the purposes set forth under ss. 376.30-376.317 and the Federal Water Pollution Control Act, as amended.
History.—s. 84, ch. 83-310; s. 22, ch. 86-159; s. 69, ch. 2007-5.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.320 - Applicability.

376.320 Applicability.—The provisions of ss. 376.320-376.326 apply only to specified mineral acids when stored in aboveground tanks. The purpose of ss. 376.320-376.326 is to prevent the release of specified mineral acids from aboveground tanks and to register the aboveground tanks in which specified mineral acids are stored.
History.—s. 1, ch. 90-98; s. 16, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.322 - Powers and Duties of the Department.

376.322 Powers and duties of the department.—The department shall have the power and duty to:
(1) Contract with local governments as needed to perform any of its duties under ss. 376.320-376.326.
(2) Establish a program to register tanks subject to the provisions of ss. 376.320-376.326.
(3) Adopt rules to implement ss. 376.320-376.326.
(4) Enforce the provisions of ss. 376.320-376.326 pursuant to the provisions of ss. 403.121 and 403.161.
(5) Require that facilities covered by ss. 376.320-376.326 be subject to thorough and complete inspections at reasonable times. The provisions of s. 403.091 shall apply to such inspections.
History.—s. 3, ch. 90-98; s. 18, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.323 - Registration.

376.323 Registration.—All tanks shall be registered no later than July 1, 1992. Registrations shall be renewed annually. Registration fees shall not exceed $2,500 per facility. The department shall issue to the tank owner or operator one registration placard per facility, covering all tanks at that facility which have been properly registered, as evidence of the completion of the registration requirement. The department shall develop by rule a fee schedule sufficient to cover the costs associated with registration, inspection, surveillance, and other activities associated with ss. 376.320-376.326. Revenues from such fees collected shall be deposited into the Water Quality Assurance Trust Fund, and shall be used to implement the provisions of ss. 376.320-376.326.
History.—s. 4, ch. 90-98; s. 19, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.324 - Containment and Integrity Plan.

376.324 Containment and integrity plan.—
(1) The owner or operator of each mineral acid storage tank shall prepare and have in place a containment and integrity plan (CIP) for the facility. The plan shall detail the facility’s inspection and maintenance program for each mineral acid tank at the facility. The CIP shall include procedures and requirements designed to minimize the risk of spills, releases, and discharges from tanks. The CIP shall be reviewed and updated every 2 years.
(2) A professional engineer registered in the state shall certify that the tanks covered by the CIP for that facility have been inspected and maintained in accordance with the CIP and that the integrity and containment of the tanks has not been compromised.
(3) The CIP shall be maintained and made available for audit by the department at the facility at any reasonable time and shall be made available to the public upon request.
(4) Each facility shall implement the inspection and maintenance program set forth in the CIP no later than December 1, 1992.
History.—s. 5, ch. 90-98; s. 20, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.325 - Alternative to Containment and Integrity Plan Requirements.

376.325 Alternative to containment and integrity plan requirements.—
(1) As an alternative to the requirements of s. 376.324, an owner or operator may choose to provide the department with certification by a professional engineer that no aboveground tank at the facility is in direct contact with the ground, and under and around each tank has been placed and sealed to its supports a secondary containment system which is either:
(a) Designed and built to contain in excess of 110 percent of the capacity of the largest tank within the containment; or
(b) Equipped with a drainage system routed to a permitted wastewater treatment system that is designed and built to contain accidental releases.
(2) All new and replacement tanks installed after July 1, 1992, shall have secondary containment.
History.—s. 6, ch. 90-98; s. 21, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.326 - Application of S. 376.317.

376.326 Application of s. 376.317.—Nothing in ss. 376.320-376.326 shall be construed to exclude aboveground storage tanks from the application of s. 376.317.
History.—s. 7, ch. 90-98; s. 22, ch. 92-30.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.41 - Minerals Trust Fund.

376.41 Minerals Trust Fund.—
(1) The Minerals Trust Fund is established in and administered by the Department of Environmental Protection.
(2) Funds to be credited to and uses of the trust fund shall be administered in accordance with ss. 211.06, 211.31, 211.3103, 376.11, 376.40, 377.24, 377.2408, 377.2425, 377.247, and 377.41.
(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.
History.—s. 2, ch. 2015-8.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.60 - Asbestos Removal Program Inspection and Notification Fee.

376.60 Asbestos removal program inspection and notification fee.—The Department of Environmental Protection shall charge an inspection and notification fee, not to exceed $300 for a small business as defined in s. 288.703, or $1,000 for any other project, for any asbestos removal project. The department may establish a fee schedule by rule. Schools, colleges, universities, residential dwellings, and those persons otherwise exempted from licensure under s. 469.002(4) are exempt from the fees. Any fee collected must be deposited in the asbestos program account in the Air Pollution Control Trust Fund to be used by the department to administer its asbestos removal program.
(1) In those counties with approved local air pollution control programs, the department shall return 80 percent of the asbestos removal program inspection and notification fees collected in that county to the local government quarterly, if the county requests it.
(2) The fees returned to a county under subsection (1) must be used only for asbestos-related program activities.
(3) A county may not levy any additional fees for asbestos removal activity while it receives fees under subsection (1).
(4) If a county has requested reimbursement under subsection (1), the department shall reimburse the approved local air pollution control program with 80 percent of the fees collected in the county retroactive to July 1, 1994, for asbestos-related program activities.
(5) If an approved local air pollution control program that is providing asbestos notification and inspection services according to 40 C.F.R. part 61, subpart M, and is collecting fees sufficient to support the requirements of 40 C.F.R. part 61, subpart M, opts not to receive the state-generated asbestos notification fees, the state may discontinue collection of the state asbestos notification fees in that county.
History.—s. 1, ch. 90-117; s. 59, ch. 90-331; s. 25, ch. 92-30; s. 306, ch. 94-356; s. 1, ch. 97-31; s. 1, ch. 98-44; s. 21, ch. 98-419; s. 252, ch. 2011-142.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.71 - Registration Fee and Gross Receipts Tax; Exemptions.

376.71 Registration fee and gross receipts tax; exemptions.—The registration fee and the gross receipts tax imposed under ss. 376.303(1)(d) and 376.70 do not apply to uniform rental companies or linen supply companies.
History.—s. 8, ch. 95-239; s. 43, ch. 2005-2.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.77 - Short Title.

376.77 Short title.—Sections 376.77-376.85 may be cited as the “Brownfields Redevelopment Act.”
History.—s. 1, ch. 97-277; s. 1, ch. 98-75.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.83 - Violation; Penalties.

376.83 Violation; penalties.—
(1) It is a violation of ss. 376.77-376.85, and it is prohibited for any person, to knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under ss. 376.77-376.85, or by any permit, rule, or order issued under this chapter or chapter 403.
(2) Any person who willfully commits a violation specified in subsection (1) is guilty of a misdemeanor of the first degree, punishable by a fine of not more than $10,000 or by 6 months in jail, or by both, for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.
History.—s. 7, ch. 97-277; s. 6, ch. 98-75.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.85 - Annual Report.

376.85 Annual report.—The Department of Environmental Protection shall prepare and submit to the President of the Senate and the Speaker of the House of Representatives by August 1 of each year a report that includes, but is not limited to, the number, size, and locations of brownfield sites: that have been remediated under the provisions of this act, that are currently under rehabilitation pursuant to a negotiated site rehabilitation agreement with the department or a delegated local program, where alternative cleanup target levels have been established pursuant to s. 376.81(1)(g)3., and where engineering and institutional control strategies are being employed as conditions of a “no further action order” to maintain the protections provided in s. 376.81(1)(g)1. and 2.
History.—s. 13, ch. 97-277; s. 61, ch. 2010-205.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 376 - Pollutant Discharge Prevention and Removal › 376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.

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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.01 - Governor to enter into interstate compact to conserve oil and gas.

377.01 Governor to enter into interstate compact to conserve oil and gas.—The Governor of the state is hereby authorized and directed, for and in the name of the state, to join with other states in the interstate compact to conserve oil and gas, which was heretofore executed in the City of Dallas, Texas, on February 16, 1935, and is now deposited with the Department of State of the United States, and which has been extended with the consent of Congress to September 1, 1947.
History.—s. 1, ch. 22823, 1945.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.03 - Extension of compact.

377.03 Extension of compact.—The Governor of Florida is further authorized and empowered, for and in the name of the state, to execute agreements for the further extension of the expiration date of the said “The Interstate Oil Compact” to conserve oil and gas, and to determine if and when it shall be for the best interest of the state to withdraw from said compact upon 60 days’ notice as provided by its terms. In the event the Governor shall determine that the state should withdraw from said compact he or she shall have full power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state from said compact.
History.—s. 3, ch. 22823, 1945; s. 619, ch. 95-148.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.04 - Official report of state.

377.04 Official report of state.—The Governor shall be the official representative of the state on the Interstate Oil Compact Commission, provided for in the compact to conserve oil and gas, and shall exercise and perform for the state all the powers and duties as a member of the Interstate Oil Compact Commission; provided, that the Governor shall have the authority to appoint an assistant representative who shall act in his or her stead as the official representative of the state as a member of said commission. Said assistant representative shall take the oath of office prescribed by the Constitution, which shall be filed with the Department of State.
History.—s. 4, ch. 22823, 1945; ss. 10, 35, ch. 69-106; s. 620, ch. 95-148.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.06 - Public policy of state concerning natural resources of oil and gas.

377.06 Public policy of state concerning natural resources of oil and gas.—It is hereby declared the public policy of this state to conserve and control the natural resources of oil and gas in this state, and the products made from oil and gas in this state; to prevent waste of natural resources; to provide for the protection and adjustment of the correlative rights of the owners of the land in which the natural resources lie, of the owners and producers of oil and gas resources and the products made from oil and gas, and of others interested in these resources and products; to safeguard the health, property, and public welfare of the residents of this state and other interested persons and for all purposes indicated by the provisions in this section. Further, it is declared that underground storage of natural gas is in the public interest because underground storage promotes conservation of natural gas; makes gas more readily available to the domestic, commercial, and industrial consumers of this state; and allows the accumulation of large quantities of gas in reserve for orderly withdrawal during emergencies or periods of peak demand. It is not the intention of this section to limit, restrict, or modify in any way the provisions of this law.
History.—s. 1, ch. 22819, 1945; s. 25, ch. 90-54; s. 5, ch. 2013-205.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.07 - Division of Resource Management; powers, duties, and authority.

377.07 Division of Resource Management; powers, duties, and authority.—The Division of Resource Management of the Department of Environmental Protection is hereby vested with power, authority, and duty to administer, carry out, and enforce the provisions of this law as directed in
1
s. 370.02(3).
History.—s. 2, ch. 22819, 1945; s. 8, ch. 61-231; ss. 25, 35, ch. 69-106; s. 64, ch. 79-65; s. 307, ch. 94-356.
1
Note.—Repealed by s. 4, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.10 - Certain persons not to be employed by division.

377.10 Certain persons not to be employed by division.—No person in the employ of, or holding any official connection or position with any person, firm, partnership, corporation, or association of any kind, engaged in the business of buying or selling mineral leases, drilling wells in the search of oil or gas, producing, transporting, refining, or distributing oil or gas shall hold any position under, or be employed by, the Division of Resource Management in the prosecution of its duties under this law.
History.—s. 5, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 66, ch. 79-65.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.18 - Common sources of oil and gas.

377.18 Common sources of oil and gas.—All common sources of supply of oil or native gas shall have the production controlled or regulated in accordance with the provisions of this law.
History.—s. 13, ch. 22819, 1945; s. 6, ch. 2013-205.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.20 - Waste prohibited.

377.20 Waste prohibited.—Waste of oil or gas defined in this law is hereby prohibited.
History.—s. 15, ch. 22819, 1945.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.21 - Jurisdiction of division.

377.21 Jurisdiction of division.—
(1) The division shall have jurisdiction and authority over all persons and property necessary to administer and enforce effectively the provisions of this law and all other laws relating to the conservation of oil and gas or to the storage of gas in and recovery of gas from natural gas storage reservoirs.
(2) The division shall have authority, and it shall be its duty, to make such inquiries as it may deem proper to determine whether waste, over which it has jurisdiction, exists or is imminent. In the exercise of such power, the division shall have the authority to:
(a) Collect data.
(b) Make investigations and inspections.
(c) Examine properties, leases, papers, books, and records and to examine, survey, check, test, and gauge oil and gas wells, tanks, storage tanks, treatment plants and facilities, and modes of transportation used to gather and process crude oil or gas and products derived from wells within the state, prior to delivery to a common carrier.
(d) Hold hearings.
(e) Provide for the keeping of records and the making of reports.
(f) Take such action as may be reasonably necessary to enforce this law.
(3) The jurisdiction of the division shall extend to the state boundaries as set forth in s. 1, Art. II of the State Constitution.
History.—s. 16, ch. 22819, 1945; ss. 25, 35, ch. 69-106; s. 1, ch. 72-394; s. 1, ch. 76-188; s. 8, ch. 2013-205.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.23 - Monthly reports to division.

377.23 Monthly reports to division.—Every producer of oil or gas in the state shall submit to the division, on forms prescribed by the division, a monthly report of the actual production from each and every oil and gas well operated by him or her. Such producer shall submit a duplicate copy of such report at the same time to the Department of Financial Services; and such reports shall be submitted through the medium of the United States mails, and it shall be unlawful for the same to be transmitted or received in any other way.
History.—s. 17, ch. 22819, 1945; s. 1, ch. 69-266; ss. 12, 25, 35, ch. 69-106; s. 621, ch. 95-148; s. 398, ch. 2003-261.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 377 - Energy Resources › Part I - Regulation of Oil and Gas Resources (Ss. 377.01-377.42) › 377.2407 - Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir.

377.2407 Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir.—
(1) Before drilling a well to inject gas into and recover gas from a natural gas storage reservoir, the person who desires to conduct such operation shall apply to the department in the manner described in this section using such form as the department may prescribe to obtain a natural gas storage facility permit. The department shall also require any applicant seeking to obtain such permit to pay a reasonable permit application fee. Such fee must be in an amount necessary to cover the costs associated with receiving, processing, issuing, and recertifying the permit application, and inspecting for compliance with the permit.
(2) Each application must contain:
(a) A detailed, three-dimensional description of the natural gas storage reservoir, including geologic-based descriptions of the reservoir boundaries, and the horizontal and vertical dimensions.
(b) A geographic description of the lateral storage reservoir boundary.
(c) A general description and location of all injection, recovery, withdrawal-only, and observation wells.
(d) A description of the reservoir protective area.
(e) Information demonstrating that the proposed natural gas storage reservoir is suitable for the storage and recovery of gas.
(f) Information identifying all reasonably known abandoned or active wells within the natural gas storage facility.
(g) A field-monitoring plan that requires, at a minimum, monthly field inspections of all wells that are part of the natural gas storage facility.
(h) A monitoring and testing plan for the well integrity.
(i) A well inspection plan that requires, at a minimum, the inspection of all wells that are part of the natural gas storage facility and plugged wells within the natural gas storage facility boundary.
(j) A spill prevention and response plan.
(k) A well spacing plan.
(l) An operating plan for the natural gas storage reservoir, which must include gas capacities, anticipated operating conditions, and maximum storage pressure.
(m) A gas migration response plan.
(n) A location plat and general facility map surveyed and prepared by a registered land surveyor licensed under chapter 472.
(3) The department may require the applicant to provide additional information that is deemed necessary to permit the development of the natural gas storage facility. Each well related to the natural gas storage facility shall be authorized and permitted individually upon the applicant’s satisfying applicable well construction and operation criteria under this part; however, notwithstanding any other provision of this chapter, well spacing requirements do not apply.
History.—s. 11, ch. 2013-205.