Fla. Stat. 377.371
Pollution prohibited; reporting, liability


(1)

A person drilling for or producing oil, gas, or other petroleum products, or storing gas in a natural gas storage facility, may not pollute land or water; damage aquatic or marine life, wildlife, birds, or public or private property; or allow any extraneous matter to enter or damage any mineral or freshwater-bearing formation.

(2)

All spills or leakage of oil, gas, other petroleum products, or waste material shall be reported to the division and those of any quantity which cannot be immediately controlled shall be reported immediately to the division and the appropriate federal agencies.

(3)

Because it is the intent of this chapter to provide the means for rapid and effective cleanup and to minimize damages resulting from pollution in violation of this chapter, if the waters of the state are polluted by the drilling, storage of natural gas, or production operations of any person or persons and such pollution damages or threatens to damage human, animal, or plant life, public or private property, or any mineral or water-bearing formation, said person shall be liable to the state for all costs of cleanup or other damage incurred by the state. In any suit to enforce claims of the state under this chapter, it is not necessary for the state to plead or prove negligence in any form or manner on the part of the person or persons conducting the drilling or production operations; the state need only plead and prove the fact of the prohibited discharge or other polluting condition and that it occurred at the facilities of the person or persons conducting the drilling or production operation. A person or persons conducting the drilling, storage, or production operation may not be held liable if said person or persons prove that the prohibited discharge or other polluting condition was the result of any of the following:An act of war.An act of government, either state, federal, or municipal.An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference of any human agency.An act or omission of a third party without regard to whether any such act or omission was or was not negligent.

(a)

An act of war.

(b)

An act of government, either state, federal, or municipal.

(c)

An act of God, which means an unforeseeable act exclusively occasioned by the violence of nature without the interference of any human agency.

(d)

An act or omission of a third party without regard to whether any such act or omission was or was not negligent.

(4)

Any person who is found liable for damages or costs of cleanup as provided in this section shall not be liable for penalties under the provisions of chapter 376 or chapter 403.

Source: Section 377.371 — Pollution prohibited; reporting, liability, https://www.­flsenate.­gov/Laws/Statutes/2024/0377.­371 (accessed Aug. 7, 2025).

377.01
Governor to enter into interstate compact to conserve oil and gas
377.03
Extension of compact
377.04
Official report of state
377.06
Public policy of state concerning natural resources of oil and gas
377.07
Division of Resource Management
377.10
Certain persons not to be employed by division
377.18
Common sources of oil and gas
377.19
Definitions
377.20
Waste prohibited
377.21
Jurisdiction of division
377.22
Rules and orders
377.23
Monthly reports to division
377.24
Notice of intention to drill well
377.25
Production pools
377.26
Location of wells
377.27
Drilling units
377.28
Cycling, pooling, and unitization of oil and gas
377.29
Agreements in interest of conservation
377.30
Limitation on amount of oil or gas taken
377.31
Evidence of rules and orders
377.32
Issuance of subpoenas
377.33
Injunctions against division
377.34
Actions and injunctions by division
377.35
Suits, proceedings, appeals, etc
377.36
False entries and statements
377.37
Penalties
377.38
Illegal oil, gas, and other products
377.39
Seizure and sale of illegal oil, gas, or product
377.40
Negligently permitting gas and oil to go wild or out of control
377.41
Disposition of fines
377.42
Big Cypress Swamp Advisory Committee
377.075
Division of Technical Services
377.241
Criteria for issuance of permits
377.242
Permits for drilling or exploring and extracting through well holes or by other means
377.243
Conditions for granting permits for extraction through well holes
377.244
Conditions for granting permits for surface exploratory and extraction operations
377.245
Provision for distribution of earnings to lessees or owners of the fractional undivided mineral rights not owned by applicant for permit under ss
377.247
Designation and distribution of earnings owed to owners of mineral rights who are unknown or unlocated
377.371
Pollution prohibited
377.2407
Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir
377.2408
Application to conduct geophysical operations
377.2409
Geophysical activities
377.2411
Lawful right to drill, develop, or explore
377.2421
Division to review federal applications
377.2424
Conditions for granting permits for geophysical operations
377.2425
Manner of providing security for geophysical exploration, drilling, and production
377.2426
Abandonment of geophysical holes
377.2431
Conditions for granting permits for natural gas storage facilities
377.2432
Natural gas storage facilities
377.2433
Protection of natural gas storage facilities
377.2434
Property rights to injected natural gas
377.2435
Rule adoption relating to natural gas storage

Current through Fall 2025

§ 377.371. Pollution prohibited; reporting, liability's source at flsenate​.gov