The 2024 Florida Statutes
|
||||||
|
. . . The only defenses to such cause of action shall be those specified in s. 376.308. § 373.313(3). . . . The defenses specified in § 376.308 do not include the doctrine of caveot emptor , indicating that it . . .
. . . Although conceding it did not qualify for the “innocent purchaser defense” under section 376.308(1)(c . . . purchased the property, appellant argues it did qualify for the “third party defense” under section 376.308 . . . (1)(c), also precluded the assertion of a third party defense under section 376.308(2)(d). . . . Of these, the third party defense of section 376.308(2)(d) allows a defendant to escape liability if . . . See § 376.308(4), Fla. Stat. (1991). See also Sunshine Jr. Stores, Inc. v. State, Dep’t of Envtl. . . .
. . . subsection then provides that “[t]he only defenses to such cause of action shall be those provided in s. 376.308 . . . Section 376.308 lists four basic defenses: “(a) An act of war; (b) An act of government ...; (c) An act . . . or (d) An act or omission of a third party, other than an employee or agent of the defendant....” § 376.308 . . . However, section 376.313(3) limits defenses for a WQAA claim to “only” those listed in section 376.308 . . . the WQAA means when it says that “the only defenses to such cause of action are those provided in s. 376.308 . . .
. . . The only defenses to such cause of action shall be those specified in s. 376.308. (Emphasis added.) . . . 376.313(3) states that “[t]he only defenses to such cause of action shall be those specified in s. 376.308 . . . Those defenses specified in section 376.308 include acts of war, acts by a governmental entity, acts . . .
. . . According to Crescent, the Third Party Defense, found at § 376.308(2)(d), Fla. . . . The only defenses to such cause of action shall be those specified in [section] 376.308. . . . third party and against the consequences that could foreseeably result from such acts or omissions.” § 376.308 . . . See § 376.308(2)(d), Fla. Stat.; Brottem, 2006 WL 1529327, at *6 n. 14. . . .
. . . The only defenses to such cause of action shall be those specified in s. 376.308. . . . See § 376.308(1)(a), Fla. . . . See § 376.308(2)(d), Fla. Stat. (2002). . . . See § 376.308(l)(a), Fla. Stat. (2002). In this case, neither situation applies. . . . Ara-mark relies on section 376.308(l)(a), which limits the entities DEP can sue. . . .
. . . (3) also states that the “only defenses to such cause of action shall be those specified in section 376.308 . . . own property, the exceptions in subsections (4) and (5) and potential defenses specified in section 376.308 . . .
. . . We do not address the general applicability of section 376.308(5), Florida Statutes (1997), in that we . . .
. . . . § 376.308(5) is preempted by the citizen suit provision of the RCRA to the extent that § 376.308(5) . . . More specifically, we have expressed no view on the operation of § 376.308(5) as a bar to suit to enforce . . .
. . . In its analysis, the court relied heavily on § 376.308(5) of the Florida Statutes, which prohibits the . . . Because § 376.308(5) is preempted, we conclude that the district court erred in dismissing the Boyes’ . . . See § 376.308(5). C. . . . Stat. § 376.308(5). . . . . See § 376.308(5). . . .
. . . of the WQAA, and upon his conclusion that the applicable liability provisions of the WQAA, sections 376.308 . . .
. . . manufacturer of a hazardous or toxic chemical is not liable under Florida’s mini-CERCLA Acts, sections 376.308 . . .
. . . Section 376.308 limits the defenses of a person who is responsible for unlawful discharge of pollutants . . . The only defenses to such cause of action shall be those specified in section 376.308-” If chapter 376 . . . discharge and may contract and retain agents who shall operate under the direction of the department. . § 376.308 . . . The only defenses to such cause of action shall be those specified in s. 376.308. . . . .
. . . The only defenses to such cause of action shall be those specified in s. 376.308.[] We find no basis . . . Section 376.308, Florida Statutes, lists various defenses available including act of war, of government . . .
. . . Section 376.308(4) limits the third party defense to occurrences which are “solely” the result of “[a . . . Pollution Control Act, which defines the phrase “contractual relationship” as it is used in section 376.308 . . . Under such an analysis, the third party defense to liability embodied in section 376.308(4) would not . . . language which is precisely parallel to the language of the third party defense embodied in section 376.308 . . . more polluters is divisible, each polluter should be held liable only for the damage he caused) and § 376.308 . . . damages, and not to liability for cleanup costs; (2) that the third party defense established by § 376.308 . . . DER contends that the third party defense established by § 376.308(4) did not apply to relieve Sunshine . . . , the defense that the pollution was caused by an act or omission of a third party as provided in § 376.308 . . . was solely responsible for the discharge of the polluting gasoline — a defense authorized by section 376.308 . . . Supreme Court as one of great public importance: May the third-party defense, as provided in Section 376.308 . . . Section 376.308, Florida Statutes (1985), states: Liabilities and defenses of facilities. — In any suit . . .