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FT INVS. v. DEPT. OF ENVTL. PROTECTION

No. 1D11-3052.

93 So.3d 369 (2012)

FT INVESTMENTS, INC., Appellant, v. STATE of Florida DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied August 8, 2012.

Attorney(s) appearing for the Case

Robert D. Fingar of Guilday, Tucker, Schwartz & Simpson, Tallahassee, for Appellant.

Kellie D. Scott , Senior Assistant General Counsel, and Janet Tashner , Senior Assistant General Counsel, Tallahassee, for Appellee.

SWANSON, 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...

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