Florida Statute 376.309 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 376.309

Total Results: 2

Mid-Continent Casualty Co. v. First Coast Energy, L.L.P.

Court: District Court of Appeal of Florida | Date Filed: 2011-08-15

Citation: 71 So. 3d 899, 2011 Fla. App. LEXIS 12789, 2011 WL 3558160

Snippet: See 42 U.S.C. § 6991b(d), 40 C.F.R. Part 280, § 376.309, Fla. Stat. (2003), and rule 62-761.400(3), F.A

Sullivan v. DEP

Court: District Court of Appeal of Florida | Date Filed: 2004-12-29

Citation: 890 So. 2d 417

Snippet: See § 376.3072(2)(b)(2.), Fla. Stat. (1997); § 376.309, Fla. Stat. (1997); 40 C.F.R. § 280.97 (1998).