Fla. Stat. 376.306
Cattle-dipping vats; legislative findings; liability


(1)

The Legislature finds that:In excess of 3,200 cattle-dipping vats were constructed in the state as a result of local, state, and federal programs, conducted from 1906 through 1961, for the prevention, suppression, control, or eradication of the disease commonly known as tick fever by eradicating the cattle fever tick, the arthropod vector organism responsible for transmission of the disease.Most cattle-dipping vats were constructed with public funds and operated under local, state, and Federal Government supervision and control.Most vats were used to dip cattle and other livestock owned by several different persons, irrespective of ownership of the property on which the vat was located.Throughout most of the tick eradication program, the state established criteria for chemical solutions to be used in the vats; annually bid, purchased, and distributed materials to be used in said chemical solutions; and expressly authorized use of chemicals, including, but not limited to, various arsenicals, DDT, and Toxaphene.Cattle-dipping vats are located on lands presently both privately and publicly owned.Participation in the cattle fever tick eradication program was mandated by state law. Livestock owners who failed to participate were subjected to criminal penalties, including fines and imprisonment, and civil penalties, including, but not limited to, condemnation and killing of their livestock, payment of costs for the killing and disposal of carcasses by the sheriff or her or his deputies, and payment of fees for dipping performed by the state.Private owners of property upon which cattle-dipping vats are located should not be held liable for any costs, damages, or penalties arising or resulting from participation in the cattle fever tick eradication program.

(a)

In excess of 3,200 cattle-dipping vats were constructed in the state as a result of local, state, and federal programs, conducted from 1906 through 1961, for the prevention, suppression, control, or eradication of the disease commonly known as tick fever by eradicating the cattle fever tick, the arthropod vector organism responsible for transmission of the disease.

(b)

Most cattle-dipping vats were constructed with public funds and operated under local, state, and Federal Government supervision and control.

(c)

Most vats were used to dip cattle and other livestock owned by several different persons, irrespective of ownership of the property on which the vat was located.

(d)

Throughout most of the tick eradication program, the state established criteria for chemical solutions to be used in the vats; annually bid, purchased, and distributed materials to be used in said chemical solutions; and expressly authorized use of chemicals, including, but not limited to, various arsenicals, DDT, and Toxaphene.

(e)

Cattle-dipping vats are located on lands presently both privately and publicly owned.

(f)

Participation in the cattle fever tick eradication program was mandated by state law. Livestock owners who failed to participate were subjected to criminal penalties, including fines and imprisonment, and civil penalties, including, but not limited to, condemnation and killing of their livestock, payment of costs for the killing and disposal of carcasses by the sheriff or her or his deputies, and payment of fees for dipping performed by the state.

(g)

Private owners of property upon which cattle-dipping vats are located should not be held liable for any costs, damages, or penalties arising or resulting from participation in the cattle fever tick eradication program.

(2)

Any private owner of property in this state upon which cattle-dipping vats are located shall not be liable to the state under any state law, or to any other person seeking to enforce state law, for any costs, damages, or penalties associated with the discharge, evaluation, contamination, assessment, or remediation of any substances or derivatives thereof that were used in the vat for the eradication of the cattle fever tick. This provision shall be broadly construed to the benefit of said private owner.

Source: Section 376.306 — Cattle-dipping vats; legislative findings; liability, https://www.­flsenate.­gov/Laws/Statutes/2024/0376.­306 (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

§ 376.306. Cattle-dipping vats; legislative findings; liability's source at flsenate​.gov