The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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F.S. 376.317

376.317 Superseded laws; state preemption.—

(1) If any provision of ss. 376.30-376.317 or of the rules developed pursuant to such sections, which provision pertains to a facility maintained for the purpose of the underground storage of petroleum products for use as fuel in vehicles, including, but not limited to, those vehicles used on and off roads, aircraft, watercraft, and rail, is in conflict with any other provision, limitation, or restriction which is now in effect under any law of this state or any ordinance of a local government, political subdivision, or municipality, or any rule or regulation adopted thereunder, the provisions of ss. 376.30-376.317 shall control, except as provided in subsection (3).

(2) Except as provided in subsection (3), the state preempts the regulation of the prevention and removal of pollutant discharges from a facility described in subsection (1) which has no single tank having a capacity exceeding 40,000 gallons at any time.

(3) A county government is authorized to adopt countywide ordinances that regulate underground storage tanks, as described herein, which ordinances are the same as or more stringent or extensive than any state law or rule regulating such tanks, provided:

(a) The original ordinance was legally adopted and in force before September 1, 1984; or

(b) The ordinance establishing a more stringent or extensive local program is approved by the department pursuant to subsection (5) after the county demonstrates to the department that it has effectively administered the state law or rules for a period of 2 years prior to filing a petition for approval. However, any county which has sought approval of a local tank program from the department prior to January 1, 1988, shall not be required to demonstrate that it has effectively administered the state program for any minimum period.

(4) The department shall either approve or disapprove a request to contract for a compliance verification program authorized pursuant to s. 376.3073 within 90 days after receipt of the complete application. If approved, the department shall provide full funding to the local government to carry out the contracted compliance and enforcement responsibilities pursuant to s. 376.3073. The department may not disapprove an application due to the population size of a county and may delegate compliance verification and enforcement to those local governments who agree to enforce the state’s program jointly.

(5) The department is authorized to permit any county government to establish, in accordance with s. 403.182, a program regulating underground storage tanks, which program is more stringent or extensive than that established by any state law or rule regulating underground storage tanks. The department shall approve or deny a request by a county for approval of an ordinance establishing such a program according to the procedures and time limits of s. 120.60. The department shall consider local conditions that warrant such more stringent or extensive regulation of underground storage tanks, including, but not limited to, the proximity of the county to a sole or single-source aquifer, the potential threat to the public water supply because of the proximity of underground storage tanks to public wells or groundwater, or the detection of petroleum products in public or private water supplies.

(6) A county government may adopt an ordinance regulating underground storage tanks that is the same as any state law or rule regulating such tanks upon approval by the department of a completed application.

History.—s. 13, ch. 84-338; s. 23, ch. 86-159; s. 5, ch. 87-374; s. 18, ch. 88-156; s. 6, ch. 88-331; s. 7, ch. 89-188; s. 13, ch. 92-30; s. 70, ch. 2007-5; s. 36, ch. 2013-18.

F.S. 376.317 on Google Scholar

F.S. 376.317 on Casetext

Amendments to 376.317

Arrestable Offenses / Crimes under Fla. Stat. 376.317

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.317.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . "1970 Act"), and the Water Quality Assurance Act, passed in 1983 and codified at sections 376.30 - 376.317 . . .

ALACHUA COUNTY, v. FLORIDA PETROLEUM MARKETERS ASSOCIATION, INC., 589 So. 2d 240 (Fla. 1991)

. . . to the administrative hearing, the legislature, by chapter 88-331, Laws of Florida, amended section 376.317 . . . Subsection (3) of section 376.317, Florida Statutes, is amended to read: 376.317 Superseded laws; state . . . Before the enactment of this amendment, section 376.317(3)(a) applied only to Dade and Broward Counties . . . The fact that the exception provisions contained in section 376.317, Florida Statutes (1989), can never . . . In 1988, the legislature amended section 376.317, Florida Statutes (1987), in two separate enactments . . .

STAR ENTERPRISE v. RENFROW,, 48 Fla. Supp. 2d 11 (Fla. Cir. Ct. 1991)

. . . . § 376.317(3)(a) permits a county government to adopt countywide ordinances that regulate underground . . .

ALACHUA COUNTY, a v. LEWIS OIL COMPANY, INC., 554 So. 2d 1210 (Fla. Dist. Ct. App. 1989)

. . . Pursuant to Sections 376.30-376.317, Florida Statutes (Supp.1986), the state has preempted the field . . . We also reject appellant’s argument that Section 376.317(3)(b) is unconstitutional because it 1) lacks . . . An amendment to Section 376.317 to partially exempt Alachua County from the approval requirement has . . .

ALACHUA COUNTY, v. FLORIDA PETROLEUM MARKETERS ASSOCIATION,, 553 So. 2d 327 (Fla. Dist. Ct. App. 1989)

. . . Section 18 amended § 376.317, Fla.Stat., relating to the underground storage of petroleum products, and . . . Prior to the enactment of Section 18 of Chapter 88-156, § 376.317 applied only to Broward and Dade Counties . . . After the enactment of Section 18 of Chapter 88-156, § 376.317 applies only to Broward, Dade and Alachua . . .

ALACHUA COUNTY, a v. LEWIS OIL COMPANY, INC., 516 So. 2d 1033 (Fla. Dist. Ct. App. 1987)

. . . In sections 376.30-376.317, Florida Statutes (1985), the state preempted the regulation of the construction . . . stringent or extensive than state law may be enacted, provided the ordinance is approved by DER. § 376.317 . . . Lewis Oil’s proposed project complies with sections 376.30-376.317 and the rules and regulations of DER . . . moratorium was an attempt to regulate in an area which has been preempted to the state pursuant to section 376.317 . . .

LEWIS OIL COMPANY, INC. v. ALACHUA COUNTY,, 496 So. 2d 184 (Fla. Dist. Ct. App. 1986)

. . . This case turns primarily on the construction of section 376.317, Florida Statutes (1985), and related . . . Section 376.317, Florida Statutes (1985), provides that any provision of the cited statutes or rules . . . Section 17-63.01 recognizes that in section 376.317, Florida Statutes, the state preempts regulation . . . has preempted the regulation of certain underground storage tanks, and the requirements in section 376.317 . . . The only authority given DER by section 376.317 is the power to approve or disapprove ordinances purporting . . .