Florida/Georgia Personal Injury & Workers Compensation

...Dugan, 685 So.2d 1210, 1212 (Fla.1996). As to this statute, the legislature's expressed intent is that "[s]ections 376.30-376.319 ... shall be liberally construed to effect the purposes set forth under ss. 376.30-376.319 and the Federal Water Pollution Control Act, as amended." § 376.315, Fla....

...It is just as possible — and, given the other provisions we have examined earlier, we believe more probable — that the statute refers to a new cause of action created in the statute. Moreover, the narrow interpretation applied in Mostoufi ignores the directive in section 376.315 that the statutory scheme, of which section 376.313 is part, be liberally construed....

...Ch. 83-310, § 84, at 1885, Laws of Fla. *1221 This provision is currently codified in section 376.813(3). Curd, 993 So.2d at 1083 . The statute at issue is found within chapter 376, which is entitled “Pollutant Discharge Prevention and Removal.” Section 376.315 of this chapter provides that “[sjections 376.30-376.319, 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....

...376.121, of any destruction of the environment and natural resources, including all living things except human beings, as the direct result of the discharge of a pollutant.” See § 376.031(5). Moreover, the Legislature intended that the statute be liberally construed. See § 376.315 (“Sections 376.30-376.319 ......

...Thus, the Plaintiff has stated a cause of action against Presto upon which relief may be granted. ... . There is no case law in Florida interpreting the propriety of caveat emptor as a defense to an action brought under Florida Statutes Chapter 376. However, Florida Statutes section 376.315, unequivocally states the legislative intent that Sections 376.30-376.319 "shall be liberally construed to effect the purposes set forth under Sections 376.30-376.319 and the Federal Water Pollution Control Act" ("FWPCA") (emphasis added). The FWPCA specifically allows private party actions against any person who violates the act. 33 U.S.C.A. § 1365(a). By drawing reference to a Federal statute as guidance for statutory interpretation, Florida Statutes section 376.315 mandates *1375 that Florida courts construe Florida Statutes, sections 376.30-376.319, in accordance with similarly patterned Federal law....

...In order to decide whether the Department has correctly interpreted the regulatory duties legislatively delegated to it, we should, in this case of first impression, turn to applicable case law from the federal sector. This, I think, is required by the express terms of Section 376.315, Florida Statutes (1985), stating that the provisions of sections 376.30 through 376.315 shall be liberally construed to effect the purposes set forth both under those statutes and the Federal Water Pollution Control Act (FWPCA) (33 U.S.C.A....

...(2) The Legislature further finds and declares that: * * * * * * (d) Such state interests outweigh any economic burdens imposed by the Legislature upon those engaged in storing pollutants and related activities. (3) The Legislature intends by the enactment of ss. 376.30-376.315 to exercise the police power of the state by conferring upon the Department of Environmental Regulation the power to: (a) Deal with the hazards and threats of danger and damage posed by such storage and related activities; * * * * * * (4) The...

...nterest of the state in such preservation outweighs any burdens of liability imposed by the Legislature upon those persons engaged in storing pollutants and related activities. (5) The Legislature further declares that it is the intent of ss. 376.30-376.315 to support and complement applicable provisions of the Federal Water Pollution Control Act, as amended, specifically those provisions relating to the national contingency plan for removal of pollutants....

...[or] to become diffused or spread." Webster's Third New International Dictionary 2056 (1971). [2] Section 376.308, Florida Statutes (1985), states: Liabilities and defenses of facilities. — In any suit instituted by the department under ss. 376.30-376.315, it is not necessary for the department to plead or prove negligence in any form or manner. The department need only plead and prove that the prohibited discharge or other polluting condition has occurred. The only defenses of a person alleged to be responsible for the discharge to any action under ss. 376.30-376.315 are to plead and prove that the occurrence was solely the result of any of the following or any combination of the following: * * * * * * (4) An act or omission of a third party, other than an employee or agent of the defendant or other than...

...1st DCA 1997). On the other hand, "judicial adherence to the agency's view is not demanded when it is contrary to the statute's plain meaning." PAC for Equal. v. Dep't of State, Fla. Elections Comm'n, 542 So.2d 459, 460 (Fla. 2d DCA 1989). See also § 376.315, Fla....

welfare and to minimize environmental damage. Section 376.315 explains how the Act is to be construed: Sections

...No such requirement was written into the statute. FDEP was not obligated to create such a requirement. We will not create one here. Additionally, the legislature expressly stated that section 376.3078 was to be liberally construed to effect the purposes stated therein. § 376.315, Fla....

...(2011) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302(1)(a), Fla. Stat. (2011) (prohibiting the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of the state or lands”). Section 376.315, Florida Statutes (2011), provides that “[s]ections 376.30–376.317, being necessary for the -5- 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....

...2d 522, 528 (Fla. 2001) (“[W]here a statute does not specifically define words of common usage, such words are construed in their plain and ordinary sense.”). Moreover, the Legislature has directed that section 376.313(3) be liberally construed. See § 376.315, Fla....