Florida Statutes

Fla. Stat. § 376.309 (2025)

Facilities, financial responsibility.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases, 2004–2011 · leading case: Sullivan v. DEP, 890 So. 2d 417 (Fla. 1st DCA 2004).

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Sullivan v. DEP, 890 So. 2d 417 (Fla. 1st DCA 2004). · cites it 2× “(1997); § 376.309, Fla. Stat. (1997); 40 C.F.R. § 280.”

Mid-Continent Cas. Co. v. First Coast Energy, L.L.P., 71 So. 3d 899 (Fla. 1st DCA 2011). · cites it 2× “Part 280, § 376.309, Fla. Stat. (2003), and rule 62-761.”

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