Legal Opinion

FT Investments, Inc. v. State Department of Environmental Protection

District Court of Appeal of Florida

Decided June 14, 2012No. 1D11-3052Published

1Opinion of the CourtSwanson, J.

Appellant, FT Investments, Inc., seeks review of a final order of the Department of Environmental Protection finding appellant strictly liable for petroleum contamination on property purchased by appellant. Although conceding it did not qualify for the “innocent purchaser defense” under section 376.308(1)(c), Florida Statutes, because it knew of the petroleum contamination before it purchased the property, appellant argues it did qualify for the “third party defense” under section 376.308(2)(d), Florida Statutes, because the petroleum contamination was caused solely by the acts or omissions…

2Cases cited4 opinions

  1. State v. GoodeSupreme Court of Florida · 2002
  2. Acosta v. RichterSupreme Court of Florida · 1996
  3. ARAMARK UNIFORM AND APPAREL v. EastonSupreme Court of Florida · 2004
  4. Sunshine Jr. Stores, Inc. v. STATE, DERDistrict Court of Appeal of Florida · 1990

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