Fla. Stat. 377.34
Actions and injunctions by division


(1)

Whenever it appears that a person is violating, or threatening to violate, any statute of this state with respect to the conservation of oil or gas, or both, or any provision of this law, or any rule, regulation or order made by any act done in the operation of a well producing oil or gas, or storing or recovering natural gas, or by omitting an act required to be done, the division, through its counsel, or the Department of Legal Affairs on its own initiative, may bring suit against such person in the Circuit Court in the County of Leon, state, or in the circuit court in the county in which the well in question is located, at the option of the division, or the Department of Legal Affairs, to restrain such person or persons from continuing such violation or from carrying out the threat of violation. In such suit, the division, or the Department of Legal Affairs, may obtain injunctions, prohibitory and mandatory, including temporary restraining orders and temporary injunctions, as the facts may warrant, including, when appropriate, an injunction restraining any person from moving or disposing of illegal oil, illegal gas or illegal product, and any or all such commodities may be ordered to be impounded or placed under the control of a receiver appointed by the court if, in the judgment of the court, such action is advisable.

(2)

In the event the division, or the Department of Legal Affairs, should fail to bring suit within 10 days to enjoin any actual or threatened violation of any statute of this state with respect to the conservation of oil and gas, or of any provision of this law, or of any rule, regulation or order made thereunder, then any person or party in interest adversely affected by such violation, and who has notified the division, or the Department of Legal Affairs, in writing of such violation, or threat thereof, and has requested the division, or the Department of Legal Affairs, to sue, may, to prevent any or further violation, bring suit for that purpose in the Circuit Court of the County of Leon, in the state. If, in such suit, the court should hold that injunctive relief should be granted, then the division, or the Department of Legal Affairs, shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the division, or the Department of Legal Affairs, had at all times been the complainant.

(3)

If any such defendant cannot be personally served with summons in that county, personal jurisdiction of that defendant in such suit may be obtained by service made upon him or her or any employee or agent of that defendant at any place in Florida and by the division, or the Department of Legal Affairs, mailing copy of the complaint in the action to the defendant at the address of the defendant then recorded with the division, or the Department of Legal Affairs.

Source: Section 377.34 — Actions and injunctions by division, https://www.­flsenate.­gov/Laws/Statutes/2024/0377.­34 (accessed Aug. 7, 2025).

377.01
Governor to enter into interstate compact to conserve oil and gas
377.03
Extension of compact
377.04
Official report of state
377.06
Public policy of state concerning natural resources of oil and gas
377.07
Division of Resource Management
377.10
Certain persons not to be employed by division
377.18
Common sources of oil and gas
377.19
Definitions
377.20
Waste prohibited
377.21
Jurisdiction of division
377.22
Rules and orders
377.23
Monthly reports to division
377.24
Notice of intention to drill well
377.25
Production pools
377.26
Location of wells
377.27
Drilling units
377.28
Cycling, pooling, and unitization of oil and gas
377.29
Agreements in interest of conservation
377.30
Limitation on amount of oil or gas taken
377.31
Evidence of rules and orders
377.32
Issuance of subpoenas
377.33
Injunctions against division
377.34
Actions and injunctions by division
377.35
Suits, proceedings, appeals, etc
377.36
False entries and statements
377.37
Penalties
377.38
Illegal oil, gas, and other products
377.39
Seizure and sale of illegal oil, gas, or product
377.40
Negligently permitting gas and oil to go wild or out of control
377.41
Disposition of fines
377.42
Big Cypress Swamp Advisory Committee
377.075
Division of Technical Services
377.241
Criteria for issuance of permits
377.242
Permits for drilling or exploring and extracting through well holes or by other means
377.243
Conditions for granting permits for extraction through well holes
377.244
Conditions for granting permits for surface exploratory and extraction operations
377.245
Provision for distribution of earnings to lessees or owners of the fractional undivided mineral rights not owned by applicant for permit under ss
377.247
Designation and distribution of earnings owed to owners of mineral rights who are unknown or unlocated
377.371
Pollution prohibited
377.2407
Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir
377.2408
Application to conduct geophysical operations
377.2409
Geophysical activities
377.2411
Lawful right to drill, develop, or explore
377.2421
Division to review federal applications
377.2424
Conditions for granting permits for geophysical operations
377.2425
Manner of providing security for geophysical exploration, drilling, and production
377.2426
Abandonment of geophysical holes
377.2431
Conditions for granting permits for natural gas storage facilities
377.2432
Natural gas storage facilities
377.2433
Protection of natural gas storage facilities
377.2434
Property rights to injected natural gas
377.2435
Rule adoption relating to natural gas storage

Current through Fall 2025

§ 377.34. Actions & injunctions by division's source at flsenate​.gov