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. 376.309

376.309 Facilities, financial responsibility.—

(1) Each owner of a facility is required to establish and maintain evidence of financial responsibility. Such evidence of financial responsibility shall be the only evidence required by the department that such owner has the ability to meet the liabilities which may be incurred under ss. 376.30-376.317.

(2) Any claim brought pursuant to ss. 376.30-376.317 may be brought directly against the bond, the insurer, or any other person providing a facility with evidence of financial responsibility.

(3) Each owner of a facility subject to the provisions of ss. 376.30-376.317 shall designate a person in the state as his or her legal agent for service of process under ss. 376.30-376.317, and such designation shall be filed with the Department of State. In the absence of such designation, the Secretary of State shall be the designated agent for purposes of service of process under ss. 376.30-376.317.

History.—s. 84, ch. 83-310; s. 19, ch. 86-159; s. 617, ch. 95-148; s. 67, ch. 2007-5.

F.S. 376.309 on Google Scholar

F.S. 376.309 on Casetext

Amendments to 376.309

Arrestable Offenses / Crimes under Fla. Stat. 376.309

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 376.309.

Annotations, Discussions, Cases:

Cases from cite.case.law:

MID- CONTINENT CASUALTY COMPANY v. FIRST COAST ENERGY, L. L. P., 71 So. 3d 899 (Fla. Dist. Ct. App. 2011)

. . . Part 280, § 376.309, Fla. Stat. (2003), and rule 62-761.400(3), F.A.C. . . .

G. SULLIVAN, Jr. St. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, O., 890 So. 2d 417 (Fla. Dist. Ct. App. 2004)

. . . Stat. (1997); § 376.309, Fla. Stat. (1997); 40 C.F.R. § 280.97 (1998). . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 116 F.3d 16 (1st Cir. 1997)

. . . Under ch. 376.309 of the Florida Statutes, each owner of a UST location must “establish and maintain . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 116 F.3d 16 (1st Cir. 1997)

. . . Under ch. 376.309 of the Florida Statutes, each owner of a UST location must “establish and maintain . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 209 B.R. 786 (D. Mass. 1996)

. . . Florida Statute § 376.309 requires that each owner of a UST facility “establish and maintain evidence . . .