FLORIDA'S POLLUTANT DISCHARGE NATURAL RESOURCE DAMAGE ASSESSMENT COMPENSATION SCHEDULE—A RATIONAL APPROACH TO THE RECOVERY OF NATURAL RESOURCE DAMAGES1
ABSTRACT Quantifying natural resource damages resulting from pollutant discharges has historically been difficult. The Florida legislature recognized this and developed a simplified compensation schedule using liquidated damage principles. The application of such an approach to natural resource damage assessment greatly simplifies the determination of monetary damages to natural resources resulting from pollutant discharges. The foundations for developing the multipliers for the factors used in the compensation schedule are restoration cost and loss of use. After a number of natural resource damage recoveries have taken place, the compensation schedule should be reevaluated to determine if the liquidated damages test of reasonableness remains adequate.