§ 376.011 Pollutant Discharge Prevention and Control Act; short title
§ 376.021 Legislative intent with respect to pollution of coastal waters and lands
§ 376.031 Definitions; ss. 376.011-376.21
§ 376.041 Pollution of waters and lands of the state prohibited
§ 376.051 Powers and duties of the Department of Environmental Protection
§ 376.065 Operation of terminal facility without discharge prevention and response certificate prohibited; penalty
§ 376.07 Regulatory powers of department; penalties for inadequate booming by terminal facilities
§ 376.0705 Development of training programs and educational materials
§ 376.071 Discharge contingency plan for vessels
§ 376.09 Removal of prohibited discharges
§ 376.10 Personnel and equipment
§ 376.11 Florida Coastal Protection Trust Fund
§ 376.12 Liabilities and defenses of responsible parties; liabilities of third parties; financial security requirements for vessels; liability of cargo owners; notification requirements
§ 376.121 Liability for damage to natural resources
§ 376.123 Claims against the Florida Coastal Protection Trust Fund
§ 376.13 Emergency proclamation; Governor’s powers.
§ 376.14 Vessels; financial responsibility; claims against providers of financial responsibility; service of process against responsible parties
§ 376.15 Derelict vessels; relocation or removal from public waters
§ 376.16 Enforcement and penalties
§ 376.165 “Hold-harmless” agreements prohibited.
§ 376.19 County and municipal ordinances; powers limited
§ 376.20 Limitation on application
§ 376.205 Individual cause of action for damages under ss. 376.011-376.21
§ 376.207 Traps impregnated with pollutants prohibited
§ 376.21 Construction of ss. 376.011-376.21
§ 376.25 Gambling vessels; registration; required and prohibited releases
§ 376.30 Legislative intent with respect to pollution of surface and ground waters
§ 376.301 Definitions of terms used in ss. 376.30-376.317, 376.70, and 376.75
§ 376.302 Prohibited acts; penalties
§ 376.303 Powers and duties of the Department of Environmental Protection
§ 376.304 Review and analysis of disposal materials or byproducts; disposal at designated local government solid waste disposal facilities
§ 376.305 Removal of prohibited discharges
§ 376.306 Cattle-dipping vats; legislative findings; liability
§ 376.307 Water Quality Assurance Trust Fund
§ 376.30701 Application of risk-based corrective action principles to contaminated sites; applicability; legislative intent; rulemaking authority; contamination cleanup criteria; limitations; reopeners
§ 376.30702 Contamination notification
§ 376.3071 Inland Protection Trust Fund; creation; purposes; funding
§ 376.30713 Advanced cleanup
§ 376.30714 Site rehabilitation agreements
§ 376.30715 Innocent victim petroleum storage system restoration
§ 376.30716 Cleanup of certain sites
§ 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; funds; uses; liability; recovery of expenditures
§ 376.30781 Tax credits for rehabilitation of drycleaning-solvent-contaminated sites and brownfield sites in designated brownfield areas; application process; rulemaking authority; revocation authority
§ 376.3079 Third-party liability insurance
§ 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. 376.30-376.317
§ 376.315 Construction of ss. 376.30-376.317
§ 376.317 Superseded laws; state preemption
§ 376.320 Applicability
§ 376.321 Definitions; ss. 376.320-376.326
§ 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. 376.317
§ 376.40 Petroleum exploration and production; purposes; funding
§ 376.41 Minerals Trust Fund
§ 376.60 Asbestos removal program inspection and notification fee
§ 376.70 Tax on gross receipts of drycleaning facilities
§ 376.71 Registration fee and gross receipts tax; exemptions
§ 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; penalties
§ 376.84 Brownfield redevelopment economic incentives
§ 376.85 Annual report
§ 376.86 Brownfield Areas Loan Guarantee Program

Terms Used In Florida Statutes > Chapter 376

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means the Agency for Health Care Administration. See Florida Statutes 468.80
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Applicant: means a business or individual seeking to be licensed under this part. See Florida Statutes 468.520
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Athletic trainer: means a person licensed under this part who has met the requirements under this part, including education requirements as set forth by the Commission on Accreditation of Athletic Training Education or its successor and necessary credentials from the Board of Certification. See Florida Statutes 468.701
  • Athletic training: means service and care provided by an athletic trainer under the direction of a physician as specified in…. See Florida Statutes 468.701
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Board: means the Board of Medicine. See Florida Statutes 468.503
  • Board: means the Board of Employee Leasing Companies. See Florida Statutes 468.520
  • Board: means the Florida Building Code Administrators and Inspectors Board. See Florida Statutes 468.603
  • Board: means the Board of Athletic Training. See Florida Statutes 468.701
  • Board: means the Board of Orthotists and Prosthetists. See Florida Statutes 468.80
  • Board of Certification: means the nationally accredited certifying body for athletic trainers or its successor agency. See Florida Statutes 468.701
  • Building code inspector: means any of those employees of local governments or state agencies, or any person contracted, with building construction regulation responsibilities who themselves conduct inspections of building construction, erection, repair, addition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. See Florida Statutes 468.603
  • building official: means any of those employees of municipal or county governments, or any person contracted, with building construction regulation responsibilities who are charged with the responsibility for direct regulatory administration or supervision of plan review, enforcement, or inspection of building construction, erection, repair, addition, remodeling, demolition, or alteration projects that require permitting indicating compliance with building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other construction codes as required by state law or municipal or county ordinance. See Florida Statutes 468.603
  • Certificate: means a certificate of qualification issued by the department as provided in this part. See Florida Statutes 468.603
  • Client company: means a person or entity which contracts with an employee leasing company and is provided employees pursuant to that contract. See Florida Statutes 468.520
  • Commission: means the Commission on Dietetic Registration, the credentialing agency of the Academy of Nutrition and Dietetics. See Florida Statutes 468.503
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Controlling person: means :
    (a) Any natural person who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of any employee leasing company, including, but not limited to:
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department of Health. See Florida Statutes 468.503
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.520
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.603
  • Department: means the Department of Health. See Florida Statutes 468.701
  • Department: means the Department of Health. See Florida Statutes 468.80
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.8311
  • Department: means the Department of Business and Professional Regulation. See Florida Statutes 468.8411
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Dietetics: means the integration and application of the principles derived from the sciences of nutrition, biochemistry, food, physiology, and management and from the behavioral and social sciences to achieve and maintain a person's health throughout the person's life. See Florida Statutes 468.503
  • Dietetics and nutrition practice: shall include assessing nutrition needs and status using appropriate data; recommending appropriate dietary regimens, nutrition support, and nutrient intake; ordering therapeutic diets; improving health status through nutrition research, counseling, and education; and developing, implementing, and managing nutrition care systems, which includes, but is not limited to, evaluating, modifying, and maintaining appropriate standards of high quality in food and nutrition care services. See Florida Statutes 468.503
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Employee leasing: means an arrangement whereby a leasing company assigns its employees to a client and allocates the direction of and control over the leased employees between the leasing company and the client. See Florida Statutes 468.520
  • Employee leasing company: means a sole proprietorship, partnership, corporation, or other form of business entity engaged in employee leasing. See Florida Statutes 468.520
  • enforcement official: means a licensed building code administrator, building code inspector, or plans examiner. See Florida Statutes 468.603
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • good moral character: means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealings, and respect for the rights of others and for the laws of this state and nation. See Florida Statutes 468.525
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Home: means any residential real property, or manufactured or modular home, which is a single-family dwelling, duplex, triplex, quadruplex, condominium unit, or cooperative unit. See Florida Statutes 468.8311
  • Home inspection services: means a limited visual examination of the following readily accessible installed systems and components of a home: the structure, electrical system, HVAC system, roof covering, plumbing system, interior components, exterior components, and site conditions that affect the structure, for the purposes of providing a written professional opinion of the condition of the home. See Florida Statutes 468.8311
  • Home inspector: means any person who provides or offers to provide home inspection services for a fee or other compensation. See Florida Statutes 468.8311
  • Internship: means a program in which a person receives clinical experience under the supervision of a licensed orthotist or prosthetist as defined by the board by rule. See Florida Statutes 468.80
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Licensed nutrition counselor: means a person licensed pursuant to…. See Florida Statutes 468.503
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Mandatory courses: means continuing education courses that the board has defined by rule and required for license issuance or renewal. See Florida Statutes 468.80
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 88.6011
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Mold: means an organism of the class fungi that causes disintegration of organic matter and produces spores, and includes any spores, hyphae, and mycotoxins produced by mold. See Florida Statutes 468.8411
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nutrition counseling: means advising and assisting individuals or groups on appropriate nutrition intake by integrating information from the nutrition assessment. See Florida Statutes 468.503
  • oath: includes affirmations. See Florida Statutes 88.6011
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Orthosis: means any medical device used to provide support, correction, or alleviation of neuromuscular or musculoskeletal dysfunction, disease, injury, or deformity but does not include the following assistive technology devices: upper extremity adaptive equipment used to facilitate the activities of daily living, including specialized utensils, combs, and brushes; finger splints; wheelchair seating and equipment that is an integral part of the wheelchair and not worn by the patient; elastic abdominal supports that do not have metal or plastic reinforcing stays; nontherapeutic arch supports; nontherapeutic accommodative inlays and nontherapeutic accommodative footwear, regardless of method of manufacture; unmodified, over-the-counter nontherapeutic shoes; prefabricated nontherapeutic foot care products; durable medical equipment such as canes, crutches, or walkers; dental appliances; or devices implanted into the body by a physician. See Florida Statutes 468.80
  • Orthotic fitter: means a person who is licensed to practice orthotics whose scope of practice is limited to fitting prefabricated cervical orthoses not requiring more than minor modification and not used for the treatment of cervical fractures or dislocations; custom-made and prefabricated compression garments; trusses; custom-molded and noncustom diabetic therapeutic footwear; prefabricated corset or frame-type spinal orthoses, except for those used in the treatment of vertebral fractures or scoliosis, rigid body jackets made of thermoformable materials, and "halo" devices; and prefabricated orthoses of the upper and lower extremities, except for those used in the treatment of bone fractures and open diabetic ulcers. See Florida Statutes 468.80
  • Orthotic fitter assistant: means a person who is licensed to practice orthotics whose scope of practice is limited to fitting, without modification, prefabricated soft cervical orthoses not used for the treatment of cervical fractures or dislocations; prefabricated soft spinal supports not used for treatment of vertebral fractures; prefabricated compression garments; trusses; and soft prefabricated orthoses for the upper and lower extremities not used in the treatment of bone fractures and open diabetic ulcers. See Florida Statutes 468.80
  • Orthotics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of an orthosis or pedorthic device. See Florida Statutes 468.80
  • Orthotist: means a person licensed to practice orthotics pursuant to this chapter. See Florida Statutes 468.80
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Pedorthic device: means therapeutic shoes, shoe modifications made for therapeutic purposes, nondynamic prosthetic fillers of the forefoot, and foot orthoses for use on the human foot limited anatomically to that part distal to the maleoli. See Florida Statutes 468.80
  • Pedorthics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of a pedorthic device. See Florida Statutes 468.80
  • Pedorthist: means a person licensed to practice pedorthics pursuant to this chapter. See Florida Statutes 468.80
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 88.6011
  • Personal property: All property that is not real property.
  • Plans examiner: means a person who is qualified to determine that plans submitted for purposes of obtaining building and other permits comply with the applicable building, plumbing, mechanical, electrical, gas, fire prevention, energy, accessibility, and other applicable construction codes. See Florida Statutes 468.603
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • political subdivision: include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state. See Florida Statutes 88.6011
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Prosthesis: means a medical device used to replace a missing appendage or other external body part, including an artificial limb, hand, or foot. See Florida Statutes 468.80
  • Prosthetics: means the practice of evaluating, treatment formulating, measuring, designing, fabricating, assembling, fitting, adjusting, servicing, or providing the initial training necessary to accomplish the fitting of a prosthesis. See Florida Statutes 468.80
  • Prosthetist: means a person licensed to practice prosthetics pursuant to this chapter. See Florida Statutes 468.80
  • Prosthetist-orthotist: means a person licensed to practice as a prosthetist and as an orthotist. See Florida Statutes 468.80
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recess: A temporary interruption of the legislative business.
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Resident: means a person registered to practice orthotics or prosthetics under the supervision of a licensed orthotist or prosthetist as defined by the board by rule. See Florida Statutes 468.80
  • Revocable trust: A trust agreement that can be canceled, rescinded, revoked, or repealed by the grantor (person who establishes the trust).
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • writing: includes handwriting, printing, typewriting, and all other methods and means of forming letters and characters upon paper, stone, wood, or other materials. See Florida Statutes 88.6011