Fla. Stat. 376.11
Florida Coastal Protection Trust Fund


(1)

The purpose of this section is to provide a mechanism to have financial resources immediately available for prevention of, and cleanup and rehabilitation after, a pollutant discharge, to prevent further damage by the pollutant, and to pay for damages. It is the legislative intent that this section be liberally construed to effect the purposes set forth, such interpretation being especially imperative in light of the danger to the environment and resources.

(2)

The Florida Coastal Protection Trust Fund is established, to be used by the department and the Fish and Wildlife Conservation Commission as a nonlapsing revolving fund.

(3)

The following funds shall be deposited into the Florida Coastal Protection Trust Fund:All registration fees, penalties, judgments, damages recovered pursuant to s. 376.121, other fees and charges related to ss. 376.011-376.21, and the excise tax revenues levied, collected, and credited pursuant to ss. 206.9935(1) and 206.9945(1)(a);Proceeds of fines and awards of damages pursuant to s. 161.054; andFunds from other sources otherwise specified by law.

(a)

All registration fees, penalties, judgments, damages recovered pursuant to s. 376.121, other fees and charges related to ss. 376.011-376.21, and the excise tax revenues levied, collected, and credited pursuant to ss. 206.9935(1) and 206.9945(1)(a);

(b)

Proceeds of fines and awards of damages pursuant to s. 161.054; and

(c)

Funds from other sources otherwise specified by law.

(4)

Charges against the fund shall be in accordance with this section.

(5)

Moneys in the fund that are not needed currently to meet the obligations of the department in the exercise of its responsibilities under ss. 376.011-376.21 shall be deposited with the Chief Financial Officer to the credit of the fund and may be invested in such manner as is provided for by statute. Interest received on such investment shall be credited to the fund, except as otherwise specified herein.

(6)

Moneys in the Florida Coastal Protection Trust Fund may be used for the following purposes:To carry out the purposes of ss. 376.011-376.21.To pay administrative expenses, personnel expenses, and equipment costs of the department and the Fish and Wildlife Conservation Commission related to the enforcement of ss. 376.011-376.21.All costs involved in the prevention and abatement of pollution related to the discharge of pollutants covered by ss. 376.011-376.21 and the abatement of other potential pollution hazards as authorized herein.All costs and expenses of the cleanup, restoration, and rehabilitation of waterfowl, wildlife, and all other natural resources damaged by the discharge of pollutants, including the costs of assessing and recovering damages to natural resources, whether performed or authorized by the department or any other state or local agency.All provable costs and damages which are the proximate results of the discharge of pollutants covered by ss. 376.011-376.21.Loans to the Inland Protection Trust Fund created in s. 376.3071.The interest earned from investments of the balance in the Florida Coastal Protection Trust Fund shall be used for funding the administrative expenses, personnel expenses, and equipment costs of the department relating to the enforcement of ss. 376.011-376.21.The funding of a grant program to local governments, pursuant to s. 823.11(4)(c), for the removal of derelict and public nuisance vessels from the public waters of the state.The department may spend up to $1 million per year from the principal of the fund to acquire, design, train, and maintain emergency cleanup response teams and equipment located at appropriate ports throughout the state for the purpose of cleaning oil and other toxic materials from coastal waters. When the teams and equipment are not needed for these purposes they may be used for any other valid purpose of the department.To provide a temporary transfer of funds in an amount not to exceed $10 million to the Minerals Trust Fund as set forth in s. 376.40.Funding for marine law enforcement.

(a)

To carry out the purposes of ss. 376.011-376.21.

(b)

To pay administrative expenses, personnel expenses, and equipment costs of the department and the Fish and Wildlife Conservation Commission related to the enforcement of ss. 376.011-376.21.

(c)

All costs involved in the prevention and abatement of pollution related to the discharge of pollutants covered by ss. 376.011-376.21 and the abatement of other potential pollution hazards as authorized herein.

(d)

All costs and expenses of the cleanup, restoration, and rehabilitation of waterfowl, wildlife, and all other natural resources damaged by the discharge of pollutants, including the costs of assessing and recovering damages to natural resources, whether performed or authorized by the department or any other state or local agency.

(e)

All provable costs and damages which are the proximate results of the discharge of pollutants covered by ss. 376.011-376.21.

(f)

Loans to the Inland Protection Trust Fund created in s. 376.3071.

(g)

The interest earned from investments of the balance in the Florida Coastal Protection Trust Fund shall be used for funding the administrative expenses, personnel expenses, and equipment costs of the department relating to the enforcement of ss. 376.011-376.21.

(h)

The funding of a grant program to local governments, pursuant to s. 823.11(4)(c), for the removal of derelict and public nuisance vessels from the public waters of the state.

(i)

The department may spend up to $1 million per year from the principal of the fund to acquire, design, train, and maintain emergency cleanup response teams and equipment located at appropriate ports throughout the state for the purpose of cleaning oil and other toxic materials from coastal waters. When the teams and equipment are not needed for these purposes they may be used for any other valid purpose of the department.

(j)

To provide a temporary transfer of funds in an amount not to exceed $10 million to the Minerals Trust Fund as set forth in s. 376.40.

(k)

Funding for marine law enforcement.

(7)

Any interest in lands acquired using moneys in the Florida Coastal Protection Trust Fund shall be held by the Trustees of the Internal Improvement Trust Fund, and such lands shall be acquired pursuant to the procedures set forth in s. 253.025.

(8)

The department shall recover to the use of the fund from the person or persons causing the discharge or from the Federal Government, jointly and severally, all sums owed or expended from the fund, pursuant to s. 376.123(10), except that recoveries resulting from damage due to a discharge of a pollutant or other similar disaster shall be apportioned between the Florida Coastal Protection Trust Fund and the General Revenue Fund so as to repay the full costs to the General Revenue Fund of any sums disbursed therefrom as a result of such disaster. Requests for reimbursement to the fund for the above costs, if not paid within 30 days of demand, shall be turned over to the Department of Legal Affairs for collection.

Source: Section 376.11 — Florida Coastal Protection Trust Fund, https://www.­flsenate.­gov/Laws/Statutes/2024/0376.­11 (accessed Aug. 7, 2025).

376.07
Regulatory powers of department
376.09
Removal of prohibited discharges
376.10
Personnel and equipment
376.11
Florida Coastal Protection Trust Fund
376.011
Pollutant Discharge Prevention and Control Act
376.12
Liabilities and defenses of responsible parties
376.13
Emergency proclamation
376.14
Vessels
376.16
Enforcement and penalties
376.19
County and municipal ordinances
376.20
Limitation on application
376.21
Construction of ss
376.021
Legislative intent with respect to pollution of coastal waters and lands
376.25
Gambling vessels
376.30
Legislative intent with respect to pollution of surface and ground waters
376.031
Definitions
376.40
Petroleum exploration and production
376.41
Minerals Trust Fund
376.041
Pollution of waters and lands of the state prohibited
376.051
Powers and duties of the Department of Environmental Protection
376.60
Asbestos removal program inspection and notification fee
376.065
Operation of terminal facility without discharge prevention and response certificate prohibited
376.70
Tax on gross receipts of drycleaning facilities
376.71
Registration fee and gross receipts tax
376.071
Discharge contingency plan for vessels
376.75
Tax on production or importation of perchloroethylene
376.77
Short title
376.78
Legislative intent
376.79
Definitions relating to Brownfields Redevelopment Act
376.80
Brownfield program administration process
376.81
Brownfield site and brownfield areas contamination cleanup criteria
376.82
Eligibility criteria and liability protection
376.83
Violation
376.84
Brownfield redevelopment economic incentives
376.85
Annual report
376.91
Statewide cleanup of perfluoroalkyl and polyfluoroalkyl substances
376.121
Liability for damage to natural resources
376.123
Claims against the Florida Coastal Protection Trust Fund
376.165
“Hold-harmless” agreements prohibited
376.205
Individual cause of action for damages under ss
376.207
Traps impregnated with pollutants prohibited
376.301
Definitions of terms used in ss
376.302
Prohibited acts
376.303
Powers and duties of the Department of Environmental Protection
376.304
Review and analysis of disposal materials or byproducts
376.305
Removal of prohibited discharges
376.306
Cattle-dipping vats
376.307
Water Quality Assurance Trust Fund
376.308
Liabilities and defenses of facilities
376.309
Facilities, financial responsibility
376.311
Penalties for a discharge
376.313
Nonexclusiveness of remedies and individual cause of action for damages under ss
376.315
Construction of ss
376.317
Superseded laws
376.320
Applicability
376.321
Definitions
376.322
Powers and duties of the department
376.323
Registration
376.324
Containment and integrity plan
376.325
Alternative to containment and integrity plan requirements
376.326
Application of s
376.0705
Development of training programs and educational materials
376.3071
Inland Protection Trust Fund
376.3072
Florida Petroleum Liability and Restoration Insurance Program
376.3073
Local programs and state agency programs for control of contamination
376.3075
Inland Protection Financing Corporation
376.3077
Unlawful to deposit motor fuel in tank required to be registered, without proof of registration display
376.3078
Drycleaning facility restoration
376.3079
Third-party liability insurance
376.30701
Application of risk-based corrective action principles to contaminated sites
376.30702
Contamination notification
376.30713
Advanced cleanup
376.30714
Site rehabilitation agreements
376.30715
Innocent victim petroleum storage system restoration
376.30716
Cleanup of certain sites
376.30781
Tax credits for rehabilitation of drycleaning-solvent-contaminated sites and brownfield sites in designated brownfield areas

Current through Fall 2025

§ 376.11. Fla. Coastal Protection Trust Fund's source at flsenate​.gov