Lender Defenses, Tenant Operations, and Transfers to Third Parties

Florida Statutes (FS) Section 376.308 pertains to the liabilities and defenses of facilities at contaminated sites. This article emphasizes lender defenses as outlined in paragraph 3 of the statute. The language in 376.308(3) is similar to the federal language in the 1996 Asset Conservation, Lender Liability, and Deposit Insurance Protection Act and is designed to clarify lender liability protections and make federal law consistent with State law. While this letter focuses on Florida Statutes, the… Read More