Florida Statutes
Chapter 376 - Pollutant Discharge Prevention and Removal
376.13 - Emergency Proclamation; Governor’s Powers.


(1) Whenever any emergency exists or appears imminent, arising from the discharge of oil, petroleum products or their byproducts, or any other pollutants, the Governor shall by proclamation declare the fact and that a state of emergency exists in any or all sections of the state. If the Governor is unavailable, the Lieutenant Governor shall, by proclamation, declare the fact and that a state of emergency exists in any or all sections of the state. A copy of such proclamation shall be filed with the Department of State.
(2) In performing his or her duties under this section, the Governor is authorized and directed to cooperate with all departments and agencies of the Federal Government, the offices and agencies of other states and foreign countries and the political subdivisions thereof, and private agencies in all matters pertaining to an emergency as described herein.
(3) In performing his or her duties under this section, the Governor is further authorized and empowered:
(a) To make, amend, and rescind the necessary orders, rules, and regulations to carry out this section within the limits of the authority conferred upon the Governor and not inconsistent with the rules, regulations, and directives of the President of the United States or of any federal department or agency having specifically authorized emergency functions.
(b) To delegate any authority vested in the Governor under this section and to provide for the subdelegation of any such authority.

(4) Whenever the Governor is satisfied that an emergency no longer exists, he or she may terminate the proclamation by another proclamation affecting the sections of the state covered by the original proclamation, or any part thereof. The proclamation shall be published in such newspapers of the state and posted in such places as the Governor, or any person acting in that capacity, deems appropriate.
History.—s. 13, ch. 70-244; s. 1, ch. 70-439; s. 39, ch. 83-334; s. 614, ch. 95-148.

Structure Florida Statutes

Florida Statutes

Title XXVIII - Natural Resources; Conservation, Reclamation, and Use

Chapter 376 - Pollutant Discharge Prevention and Removal

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.

376.16 - 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.

376.91 - Statewide Cleanup of Perfluoroalkyl and Polyfluoroalkyl Substances.