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. 376.11

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:

(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

(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:

(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.

History.—s. 11, ch. 70-244; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 11, ch. 74-336; s. 3, ch. 80-382; s. 4, ch. 81-228; s. 82, ch. 83-310; s. 14, ch. 83-339; s. 1, ch. 83-353; s. 4, ch. 84-338; s. 6, ch. 85-252; ss. 3, 8, 34, ch. 86-159; s. 81, ch. 86-163; s. 30, ch. 87-225; s. 3, ch. 89-175; s. 5, ch. 89-358; s. 17, ch. 90-54; s. 16, ch. 90-243; s. 1, ch. 91-194; s. 7, ch. 96-263; s. 45, ch. 96-321; s. 28, ch. 97-153; s. 2, ch. 97-259; ss. 19, 38, ch. 98-46; s. 51, ch. 99-245; s. 18, ch. 2000-157; s. 5, ch. 2000-211; s. 389, ch. 2003-261; s. 6, ch. 2006-309; s. 4, ch. 2014-143; s. 54, ch. 2015-229; s. 19, ch. 2022-142.

F.S. 376.11 on Google Scholar

F.S. 376.11 on Casetext

Amendments to 376.11

Arrestable Offenses / Crimes under Fla. Stat. 376.11

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.11.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MERVYN, v. ATLAS VAN LINES, INCORPORATED,, 882 F.3d 680 (7th Cir. 2018)

. . . . § 376.11 ; 49 C.F.R. § 376.12. . . .

PUGA, v. ABOUT TYME TRANSPORT, INC., 227 F. Supp. 3d 760 (S.D. Tex. 2017)

. . . . §§ 376.11 and 376.12, those regulations, like the statute, state only the conditions upon which the . . . authorized transportation in equipment it does not own only under the following conditions....” 49 C.F.R. § 376.11 . . .

DELANEY, Ad R. a Ad KKD, v. RAPID RESPONSE, INC. A. LLC,, 81 F. Supp. 3d 769 (D.S.D. 2015)

. . . . §§ 376.11(c)(1), 390.21. Wellman, 496 F.2d at 136; Grinnell, 722 F.2d at 1404; Acceptance Ins. . . . Rapid Response 1, LLC and Rapid Response, Inc. entered into a lease in accord with 49 C.F.R. §§ 376.11 . . .

CARNEY v. JNJ EXPRESS, INC., 10 F. Supp. 3d 848 (W.D. Tenn. 2014)

. . . . § 376.11(a). . . .

JONES EXPRESS, INC. v. WATSON,, 871 F. Supp. 2d 719 (M.D. Tenn. 2012)

. . . . § 376.11(a) (requiring that leases be in writing); id. § 376.12(b) (requiring that leases “specify . . . exemptions set forth in Subpart C of this part [which do not apply], the written lease required under § 376.11 . . .

CLARENDON NATIONAL INSURANCE COMPANY, v. MEDINA, Co- Co-, 645 F.3d 928 (7th Cir. 2011)

. . . . § 376.11 (requiring leases); id. § 376.2(d) (defining “owner”). . . . See 49 C.F.R. § 376.11(a). . . .

D. CARROLL, M. v. G. KAMPS,, 795 F. Supp. 2d 794 (N.D. Ind. 2011)

. . . . § 376.11. Ill. Bulk Carrier, Inc., 908 N.E.2d at 255; Rediehs Express Inc., 491 N.E.2d at 1010. . . . . § 376.11(a); 49 U.S.C. § 14102. See also Ill. . . . noting the dates in which possession of the lease vehicle was obtained and surrendered. 49 C.F.R. § 376.11 . . . See 49 C.F.R. §§ 376.11(c)(1); 390.21(b)(2); 390.21(5)©. . . . See e.g. 49 C.F.R. §§ 376.11(c)(1); 390.21(b)(2); 390.2l(b)(5)(i). . . .

PORT DRIVERS FEDERATION INC. v. ALL SAINTS St., 757 F. Supp. 2d 463 (D.N.J. 2011)

. . . . §§ 376.11(a)-(b) and 376.12(b), (4) the workers’ compensation insurance documentation provision of . . .

FOSTER v. CEVA FREIGHT, LLC,, 272 F.R.D. 171 (W.D.N.C. 2011)

. . . . § 376.12 and § 376.11(a). (Doc. No. 29 at 8). . . .

PORT DRIVERS FEDERATION INC. v. ALL SAINTS EXPRESS, INC., 757 F. Supp. 2d 443 (D.N.J. 2010)

. . . . §§ 376.11(a)-(b), 376.12(a)-(b)); (4) documentation regarding workers’ compensation insurance (49 C.F.R . . . Duration of Lease: §§ 376.11(a)-(b), 376.12(b) There are two provisions of the Regulations that address . . . First, 49 C.F.R. § 376.11 directs that receipts “identifying the equipment to be leased and stating the . . . These times or circumstances shall coincide with the times for the giving of receipts required by § 376.11 . . . The leases violate §§ 376.11(a)-(b), 376.12(b) by failing to include the time and date, or circumstances . . .

OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. G. L. E. Jr. E. E. v. LANDSTAR SYSTEM, INC., 622 F.3d 1307 (11th Cir. 2010)

. . . . § 376.11 (providing that “the authorized carrier may perform authorized transportation in equipment . . . shall be a written lease granting the use of the equipment and meeting the requirements contained in § 376.11 . . .

MYERS v. ALLIANCE FOR AFFORDABLE SERVICES, a k a d b a a k a a k a d b a, 371 F. App'x 950 (10th Cir. 2010)

. . . Myers in the amount of $376.11 on Friday, January 18 at Alliance’s weekly “turn-in” meeting. . . .

RUIZ, v. AFFINITY LOGISTICS CORP., 697 F. Supp. 2d 1199 (S.D. Cal. 2010)

. . . . §§ 376.11 and 376.12. . . .

F. BAYS, v. SUMMITT TRUCKING, LLC,, 691 F. Supp. 2d 725 (W.D. Ky. 2010)

. . . provided in the exemptions set forth in Subpart C of this part, the written lease required under § 376.11 . . .

OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. G. L. E. Jr. E. E. v. LANDSTAR SYSTEM, INC., 541 F.3d 1278 (11th Cir. 2008)

. . . . § 376.11 (providing that "the authorized carrier may perform authorized transportation in equipment . . . shall be a written lease granting the use of the equipment and meeting the requirements contained in § 376.11 . . .

M. WILSON, N. N. N. St. Co- v. IESI N. Y. CORPORATION d b a K G, 444 F. Supp. 2d 298 (M.D. Pa. 2006)

. . . . § 376.11 — 376.12. . . .

OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. Sr. v. SWIFT TRANSPORTATION CO. INC. AZ Co. NV Ms Ms, 367 F.3d 1108 (9th Cir. 2004)

. . . . § 376.11(a) (requiring that leases be in writing); id. § 376.12(b) (requiring that leases “specify . . .

FITZPATRICK, Jr. v. MORGAN SOUTHERN, INC., 261 F. Supp. 2d 978 (W.D. Tenn. 2003)

. . . . §§ 376.11, 376.12. . . .

In TRANSPORTATION MANAGEMENT INC. v., 278 B.R. 226 (Bankr. M.D. Ala. 2002)

. . . . §§ 376.11-376.12. . . .

ACOSTA, v. MASTER MAINTENANCE, v., 192 F. Supp. 2d 577 (M.D. La. 2001)

. . . There also appears to be duplicate charges at Bates 810, 811 and 2020 in the amounts of $341.24, $376.11 . . .

AMERICAN ALTERNATIVE INSURANCE COMPANY, v. SENTRY SELECT INSURANCE COMPANY, d b a, 176 F. Supp. 2d 550 (E.D. Va. 2001)

. . . . § 376.11-12. . . .

OWNER- OPERATOR INDEPENDENT DRIVERS ASSOCIATION, INC. v. ARCTIC EXPRESS, INC. D A, 87 F. Supp. 2d 820 (S.D. Ohio 2000)

. . . . § 376.11(i) and (k), apply to a company that is under common ownership and control of a regulated carrier . . .

BOUCHARD TRANSPORTATION COMPANY, INC. B. No. B. No. v. M. UPDEGRAFF, G. TSACABA SHIPPING COMPANY LIMITED, M V Co. M V v. ENVIRONMENTAL PROTECTION AGENCY, MARITRANS OPERATING PARTNERS L. P. v. M. UPDEGRAFF, G., 147 F.3d 1344 (11th Cir. 1998)

. . . Ch. 376.11. . . .

STATE v. H. G. LEAVINS, Jr. C. T. B., 599 So. 2d 1326 (Fla. Dist. Ct. App. 1992)

. . . .; revising the caps for the Florida Coastal Protection Trust Fund; amending s. 376.11, F.S.; providing . . .

AMERICAN WATERWAYS OPERATORS, INC. v. O D. ASKEW,, 335 F. Supp. 1241 (M.D. Fla. 1971)

. . . Section 376.11 establishes the Florida Coastal Protection Fund. . . . the Department to decide, for its decision on the merits is not subject to judicial review as Section 376.11 . . .