CopyCited 33 times | Published | Florida 1st District Court of Appeal | 1990 WL 19935
...xic substances. Appellants failed to allege that the complained-of discharges will ultimately pollute state lands or waters as required by the "Pollutant Spill Prevention and Control Act," Sections
376.011 through 376.17, and Sections
376.19 through
376.21, Florida Statutes....
...to provide for the inspection and supervision of such activities and guarantee the prompt payment of reasonable damage claims resulting therefrom. Thus, we hold that the Count V allegations do not come within the purview of Sections
376.011 through
376.21, Florida Statutes. The allegations, therefore, do not state a cause of action under Section
376.205 ("Individual cause of action for damages under ss.
376.011-
376.21.")....
CopyCited 19 times | Published | Supreme Court of Florida | 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
by pollution of coastal waters and lands. See §
376.021, Fla. Stat. (2004) (entitled “Legislative intent
CopyPublished | Supreme Court of Florida
...2005)).
As the First District summarized,
[c]hapter 376 regulates the discharge and removal of certain
pollutants. The two portions of chapter 376 at issue in this case are
the Pollutant Discharge [Prevention] and Control Act, passed in 1970
and codified at sections
376.011–
376.21, Florida Statutes (the “1970
[a]ct”), and the Water Quality Assurance Act, passed in 1983 and
codified at sections
376.30–376.317, Florida Statutes, (the “1983
act”)....
...Stat.
(2011) (entitled “Legislative intent with respect to pollution of coastal waters and
lands”); §
376.041, Fla. Stat. (2011) (“The discharge of pollutants into or upon any
coastal waters, estuaries, tidal flats, beaches, and lands adjoining the seacoast of
the state in the manner defined by ss.
376.011–
376.21 is prohibited.”).
Specifically, section
376.031(5), Florida Statutes (2011), of the 1970 act
defines “damage” as “the documented extent of any destruction to or loss of any
real or personal property, or the documented extent, pursuant to s....
...except human beings, as the direct result of the discharge of a pollutant.”
-4-
(Emphasis added.) However, section
376.031 plainly specifies that the definition
only applies to sections
376.011 through
376.21, namely the 1970 act. See §
376.031 (“When used in ss.
376.011–
376.21, unless the context clearly requires
otherwise, the term ....
...n” to
“human beings,” which would preclude the recovery of personal injury damages.
However, as explained above, the language of the 1970 act’s definitions section
clearly states that the definitions only apply to sections
376.011 through
376.21,
namely the 1970 act....
