Fla. Stat. 376.205
Individual cause of action for damages under ss

The remedies in this act shall be deemed to be cumulative and not exclusive. Nothing in this act shall require pursuit of any claim against the fund as a condition precedent to any remedy against a responsible party. Notwithstanding any other provision of law, any person may bring a cause of action against a responsible party in a court of competent jurisdiction for damages, as defined in s. 376.031, resulting from a discharge or other condition of pollution covered by ss. 376.011-376.21. In any such suit, it shall not be necessary for the person to plead or prove negligence in any form or manner. Such person need only plead and prove the fact of the prohibited discharge or other pollutive condition and that it occurred. The only defenses to such cause of action shall be those specified in s. 376.12(7). The court, in issuing any final judgment in such action, may award costs of litigation, including reasonable attorney’s and expert witness fees, to any party, whenever the court determines such an award is in the public interest.

Source: Section 376.205 — Individual cause of action for damages under ss, https://www.­flsenate.­gov/Laws/Statutes/2024/0376.­205 (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

§ 376.205. Individual cause of action for damages under ss's source at flsenate​.gov