Cases from cite.case.law:

MOSAIC FERTILIZER, LLC, v. CURD,, 259 So. 3d 239 (Fla. App. Ct. 2018)

. . . from pursuing both a common law negligence claim as well as a statutory cause of action under section 376.313 . . . The supreme court concluded that section 376.313(3) provides "private causes of action to any person . . .

WILLIAMS, v. MOSAIC FERTILIZER, LLC,, 889 F.3d 1239 (11th Cir. 2018)

. . . This claim was brought under Section 376.313 of the Florida Statutes, which confers a private right of . . . that she was required to come forth with all her evidence regarding the damages element of the Section 376.313 . . .

SIMON S TRUCKING, INC. v. A. LIEUPO,, 244 So. 3d 370 (Fla. App. Ct. 2018)

. . . trial because the Florida Supreme Court held that the statutory cause of action created by section 376.313 . . . He filed his complaint under section 376.313(3), Florida Statutes, which imposes strict liability for . . . Simon's Trucking argued that Lieupo could not seek recovery under section 376.313(3) because that statute . . . Analysis The sole issue before this court is whether section 376.313(3) permits recovery for personal . . . Easton , 894 So.2d 20, 28 (Fla. 2004) (finding the cause of action created by section 376.313(3) is one . . .

CALIFORNIA FINANCIAL, LLC, v. PERDIDO LAND DEVELOPMENT CO. INC., 303 F. Supp. 3d 1306 (M.D. Fla. 2017)

. . . suit, bringing a claim for breach of contract (Count I) and a claim for violation of Florida Statute § 376.313 . . . Count II: Violation of Florida Statute § 376.313 In Count II, Plaintiff brings a claim for strict liability . . . against Perdido for violation of Florida Statute § 376.313(3), which creates a private right of action . . . The Court thus finds that the Contract does not bar a claim under § 376.313. 3. . . . , indicating that it was the legislature's intent to not allow the doctrine to bar a claim under § 376.313 . . .

ADINOLFE, v. UNITED TECHNOLOGIES CORPORATION, d. b. a., 768 F.3d 1161 (11th Cir. 2014)

. . . . § 376.313. . . . Stat. § 376.313(3). . . . As for the plaintiffs’ § 376.313(3) claim, Leslie is the only case suggesting a minimum contamination . . . First, a claim under § 376.313(3) does not require a typical showing of causation. . . . Answering a certified question, the Florida Supreme Court ruled that under § 376.313(3) the fishermen . . .

LEE- BOLTON, v. KOPPERS INC., 848 F. Supp. 2d 1342 (N.D. Fla. 2011)

. . . . § 376.313(6) (“The court, in issuing any final judgment in any such action, may award costs of litigation . . .

MT. HAWLEY INSURANCE CO. v. DANIA DISTRIBUTION CENTRE, LTD., 763 F. Supp. 2d 1359 (S.D. Fla. 2011)

. . . . § 376.313, nuisance and trespass. . . . Stat. § 376.313, the Dixon plaintiffs claim they suffered physical damages as a result of the discharge . . .

GENERAL DYNAMICS CORPORATION, v. BROTTEM,, 53 So. 3d 334 (Fla. Dist. Ct. App. 2010)

. . . Florida’s Water Quality Assurance Act The WQAA, specifically section 376.313, provides a strict liability . . . prove the fact of the prohibited discharge or other pollutive condition and that it has occurred.” § 376.313 . . . However, section 376.313(3) limits defenses for a WQAA claim to “only” those listed in section 376.308 . . . Sher-win-Williams case is clearly dicta, even Plaintiffs concede that it would not be reasonable to read section 376.313 . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 39 So. 3d 1216 (Fla. 2010)

. . . Count 1 attempted to allege a claim for statutory liability under section 376.313(3), Florida Statutes . . . The court also declined to read into the statute a legislative intent in section 376.313(3) to allow . . . Section 376.313(3), Florida Statutes (2004), provides as follows: Except as provided in s. 376.3078(3 . . . . for all damages resulting from a discharge or other condition of pollution.” § 376.313(3). . . . Section 376.313(3) provides that “in any such suit ... . . . question of whether commercial fishermen can recover damages for their loss of income pursuant to section 376.313 . . . STATUTORY LIABILITY I agree with the majority that section 376.313(3) provides the commercial fishermen . . . Specifically, section 376.313(3), Florida Statutes (2004) (emphasis added), states that “nothing ... . . . filed his statutory cause of action relating to the pollution of surface and ground water under section 376.313 . . . plain meaning of “all damages” includes economic damages; and the Legislature has directed that section 376.313 . . .

SHER, v. RAYTHEON COMPANY,, 261 F.R.D. 651 (M.D. Fla. 2009)

. . . . § 376.313. . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 993 So. 2d 1078 (Fla. Dist. Ct. App. 2008)

. . . release of pollution in Florida waters, either under principles of common law negligence or under section 376.313 . . . DOES THE PRIVATE CAUSE OF ACTION RECOGNIZED IN SECTION 376.313, FLORIDA STATUTES (2004), PERMIT COMMERCIAL . . . Count 1 attempted to allege a claim for statutory liability under section 376.313(3), Florida Statutes . . . This provision is currently codified in section 376.313(3). . . . In section 376.313(3), the legislature did not directly state that it was creating a cause of action; . . .

C. SUAREZ v. CITY OF TAMPA, a, 987 So. 2d 681 (Fla. Dist. Ct. App. 2008)

. . . (b) continuing trespass, and (c) declaratory relief as to a statutory cause of action under section 376.313 . . . trial court erred in granting the City’s motion for summary judgment as to this claim because section 376.313 . . . in any manner challenge the trial court’s unequivocal ruling that the claim asserted under section 376.313 . . .

FLORENCE, v. CRESCENT RESOURCES, LLC, a LLC, a v. LLC, a LLC, a v. LLC, a LLC, a v. LLC, a LLC, a, 484 F.3d 1293 (11th Cir. 2007)

. . . Crescent’s and Rinehart’s ownership of it; and (3) Crescent and Rinehart were liable pursuant to § 376.313 . . . Each Plaintiff moved to remand to state court, arguing that § 376.313, Fla. . . . properly concluded that Plaintiffs could not maintain a cause of action against them pursuant to § 376.313 . . . Section 376.313, Fla. Stat. states, in pertinent part: (3) ... . . . In Aramark, the Florida Supreme Court stated that section 376.313 “creatfes] a damages remedy for the . . .

THE ST. JOE COMPANY, v. LESLIE,, 912 So. 2d 21 (Fla. Dist. Ct. App. 2005)

. . . unjust enrichment; (4) strict liability; (5) negligence; and (6) statutory liability under section 376.313 . . . Even under section 376.313, Florida Statutes (2004), which does not require proof of causation, Appellees . . . See § 376.313, Fla. Stat. . . .

ARAMARK UNIFORM AND CAREER APPAREL, INC. v. EASTON, Jr., 894 So. 2d 20 (Fla. 2004)

. . . On appeal, the First District Court of Appeal reversed, holding that section 376.313(3) created a cause . . . The court relied on two other cases holding that section 376.313 creates a cause of action. . . . Peterson, 674 So.2d 201, 205 (Fla. 5th DCA 1996) (holding that section -376.313(3) creates a cause of . . . Section 376.313(3) establishes the parameters of a private suit for damages. . . . See § 376.313(6), Fla. Stat. (2002). . . .

MIAMI- DADE COUNTY, v. UNITED STATES, 345 F. Supp. 2d 1319 (S.D. Fla. 2004)

. . . Count VIII seeks cost recovery, contribution, and declaratory relief pursuant to Section 376.313, Florida . . . Section 376.313 allows an individual to bring a cause of action for damages and contribution resulting . . . Stat. §§ 376.313 and 403.727, and Chapter 24 of the Miami-Dade County Code. . . .

ST. ANGELO, v. HEALTHCARE AND RETIREMENT CORPORATION OF AMERICA, d b a, 824 So. 2d 997 (Fla. Dist. Ct. App. 2002)

. . . The statute under consideration, section 376.313(3), stated “that the remedies of the WQAA ‘shall be . . .

EASTON, Jr. v. ARAMARK UNIFORM AND CAREER,, 825 So. 2d 996 (Fla. Dist. Ct. App. 2002)

. . . The bench trial of Appellant’s claims pursuant to section 376.313, Florida Statutes (2000), and various . . . Because we agree with Appellant that section 376.313(3), Florida Statutes (2000), provides a cause of . . . Section 376.313(3) states: Notwithstanding any other provision of law, nothing contained in ss. 376.30 . . . Mostoufi, a landowner, sought damages pursuant to section 376.313 against his predecessor in title. . . . Likewise, Appellant’s claim for damages pursuant to section 376.313(3) states a cause of action. . . .

BLASLAND, BOUCK LEE, INC. a v. CITY OF NORTH MIAMI, a, 283 F.3d 1286 (11th Cir. 2002)

. . . recovery included breach of contract, account stated, quantum meruit, CERCLA, and Florida Statutes § 376.313 . . .

COURTNEY ENTERPRISES, INC. a v. PUBLIX SUPER MARKETS, INC. a, 788 So. 2d 1045 (Fla. Dist. Ct. App. 2001)

. . . However, section 376.313(3) states that the remedies of the WQAA “shall be deemed cumulative and not . . . In Mostoufi the plaintiff was a successor landowner suing his predecessor in title under section 376.313 . . . This court affirmed the trial court’s dismissal of the action, holding that section 376.313(3) did not . . . Rather, it has asserted common law causes of action, which by the very terms of section 376.313(3) are . . . This is perfectly consistent with the legislature’s decision to leave the savings clause in section 376.313 . . .

L. MORGAN, v. W. R. GRACE CO. CONN., 779 So. 2d 503 (Fla. Dist. Ct. App. 2000)

. . . This court has previously held that section 376.313(3), Florida Statutes (1991), does not create a private . . .

McMULLEN OIL COMPANY, INC. v. ISS INTERNATIONAL SERVICE SYSTEM, INC., 698 So. 2d 372 (Fla. Dist. Ct. App. 1997)

. . . Act, Chapter 376, Florida Statutes, and praying for an award of attorney’s fees pursuant to section 376.313 . . . award under the alternative statutory grounds provided in sections 45.061, Florida Statutes (1990), and 376.313 . . . Section 376.313(5), Florida Statutes (1991), on which ISS had based its prayer for attorney's fees, did . . .

DIVERSIFIED SERVICES, INC. v. SIMKINS INDUSTRIES, INC., 974 F. Supp. 1448 (S.D. Fla. 1997)

. . . For example, whether § 376.313 alleged in Counts III and IV establishes a private cause of action has . . . Counts III and IV seek recovery costs and contribution under § 376.313(3), Fla.Stat. . . .

KAPLAN, v. PETERSON,, 674 So. 2d 201 (Fla. Dist. Ct. App. 1996)

. . . In Mostoufi, as in this case, the plaintiff essentially argued section 376.313 (1989) created a cause . . . Section 376.313(3) also provides that nothing in the law affects the right of any person to clean up . . . Attorney fees and costs of litigation may be awarded. § 376.313(5), Fla.Stat. (1989). . . . A recent amendment to chapter 376.313, Florida Statutes (1992) has clarified that private causes of action . . . Section 376.313(3) provides that private persons may bring a cause of action in a court of competent . . . The language of section 376.313(3) itself suggests that a “person” suing for damages would have to have . . .

BOARDMAN PETROLEUM, INC. v. TROPIC TINT OF JUPITER, INC., 668 So. 2d 308 (Fla. Dist. Ct. App. 1996)

. . . final judgment awarding costs and attorney’s fees to the prevailing plaintiff pursuant to sections 376.313 . . . Section 376.313(5) provides that the court may award attorney’s fees and other litigation costs in any . . . We reject the appellants’ contention that appel-lees were not entitled to fees under section 376.313 . . .

PAINEWEBBER INCOME PROPERTIES THREE LIMITED PARTNERSHIP, a By THIRD INCOME PROPERTIES, INC. a v. MOBIL OIL CORPORATION, a, 916 F. Supp. 1239 (M.D. Fla. 1996)

. . . . § 376.313, in Count II for contrac- • tual indemnification, Count III for statutory strict liability . . .

S. ITALIANO, a v. JONES CHEMICALS, INC. a, 908 F. Supp. 904 (M.D. Fla. 1995)

. . . Chapters 376.205, and 376.313). . . . “To interpret section 376.313(3) to provide for a private right of action for damages from pollutant . . . for Judgment, where Plaintiffs request recovery of attorney’s fees as to Count V pursuant to Section 376.313 . . . Although Sections 376.205, and 376.313(6), Florida Statutes, provide for the recovery of attorney’s fees . . .

PAINEWEBBER INCOME PROPERTIES THREE LIMITED PARTNERSHIP, a By THIRD INCOME PROPERTIES, INC. a v. MOBIL OIL CORPORATION, a, 902 F. Supp. 1514 (M.D. Fla. 1995)

. . . § 6972(a)(1)(B) of the Federal Resource Conservation and Recovery Act and Florida Statute, Section 376.313 . . .

MOSTOUFI, v. PRESTO FOOD STORES, INC. a C. III, M., 618 So. 2d 1372 (Fla. Dist. Ct. App. 1993)

. . . We conclude, however, that section 376.313 does not create a statutory cause of action as sought to be . . . , and in Count II a common law negligence cause of action using section 376.313 as a statutory standard . . . Appellant argues that section 376.313(3) creates a statutory cause of action in private parties to seek . . . In arguing that section 376.313(3) creates a private right of action for damages, appellant makes the . . . There is no clear legislative mandate in section 376.313 to provide otherwise. . . .

A. JONES, v. SUN BANK MIAMI, N. A. F. Co- E., 609 So. 2d 98 (Fla. Dist. Ct. App. 1992)

. . . Claimant’s further argument that Chapter 376 F.S. (1986), and more specifically Sec. 376.313 F.S. (1986 . . .

CUNNINGHAM, N. III, A. S. O G. S. Sr. P. D. O E. N. M. v. ANCHOR HOCKING CORPORATION,, 558 So. 2d 93 (Fla. Dist. Ct. App. 1990)

. . . trial court erred in dismissing claims based on common law and statutory strict liability (Section 376.313 . . . of action pursuant to Section 376.205, Florida Statutes, but states a cause of action as to Section 376.313 . . . Section 376.313, Florida Statutes (“Non-exclusiveness of remedies and individual cause of action for . . .

FLORIDA PATIENT S COMPENSATION FUND, v. ROWE,, 472 So. 2d 1145 (Fla. 1985)

. . . . (1983) (credit discrimination actions); § 742.031, Fla.Stat. (1983) (paternity determinations); § 376.313 . . .