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Florida Statute 337.108 | Lawyer Caselaw & Research
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F.S. 337.108 Case Law from Google Scholar Google Search for Amendments to 337.108

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
F.S. 337.108
337.108 Hazardous materials and pollutants; indemnification.—
(1) For purposes of this section:
(a) The term “hazardous materials” shall have the same meaning as provided in s. 768.128(1)(a).
(b) The term “pollutants” shall have the same meaning as provided in s. 376.031.
(c) The term “contractor” means any person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility; the term does not include persons or firms performing hazardous material or pollutant response, containment, disposal, or cleanup services.
(2) The department may agree to hold harmless and indemnify a contractor for damages when the contractor discovers or encounters hazardous materials or pollutants during the performance of services for the department when the presence of such materials or pollutants was unknown or not reasonably discoverable. Such indemnification agreements shall only be effective if the contractor immediately stops work and notifies the department of the hazardous material or pollutant problem.
(3) Such an indemnification agreement may not indemnify the contractor for damages resulting from any willful, wanton, or intentional conduct of the contractor.
History.—s. 125, ch. 92-152; s. 164, ch. 94-356.

F.S. 337.108 on Google Scholar

F.S. 337.108 on Casetext

Amendments to 337.108


Arrestable Offenses / Crimes under Fla. Stat. 337.108
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.108.

Annotations, Discussions, Cases:

Cases Citing Statute 337.108

Total Results: 1

Department of Transportation v. CSX Transportation, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-11T00:00:00-08:00

Citation: 128 So. 3d 209, 2013 WL 6481129, 2013 Fla. App. LEXIS 19661

Snippet: the type at issue in this case. Notably, section 337.108(2) provides that the DOT “may agree to hold harmless…department. ...” The legislature enacted section 337.108 in 1992. Ch. 92-152, § 125, at 1607-08, Laws of…of Fla. The DOT informs us that section 337.108 “is the only statute the DOT is aware of that authorizes… clause under review. The enactment of section 337.108 demonstrates that the legislature knows how to …dispute DOT's representation that section 337.108 is the only statute that authorizes the DOT to