Fla. Stat. 377.40
Negligently permitting gas and oil to go wild or out of control


(1)

In order to protect further the gas fields and oil fields in the state, it is hereby declared to be unlawful for any person to permit negligently any gas or oil well to go wild or to get out of control. The owner of any such well shall, after 24 hours’ written notice by the division given to the owner or the person in possession of such well, make reasonable effort to control such well.

(2)

In the event of the failure of the owner of such well, within 24 hours after service of notice above provided for, to control the same, if such can be done within the period or to begin, in good faith upon service of such notice, operations to control such well, or upon failure to prosecute diligently such operations, then the division shall have the right to take charge of the work of controlling such well, and it shall have the right to proceed, through its own agents or by contract with a responsible contractor, to control the well or otherwise to prevent the escape or loss of gas or oil from such well, all at the reasonable expense of the owner of the well. In order to secure the division in the payment of the reasonable cost and expense of controlling or plugging of such well, the division shall retain the possession of the same and shall be entitled to receive and retain the rents, revenues and income therefrom until the costs and expenses incurred by the division shall be repaid. When all such costs and expenses have been repaid, the division shall restore possession of such well to the owner; provided, that in the event the income received by the division shall not be sufficient to reimburse the division, as provided for in this section, the division shall have lien or privilege upon all of the property of the owner of such well, except such as is exempt by law, and the division shall proceed to enforce such lien or privilege by suit brought in any court of competent jurisdiction, the same as any other like civil action, and the judgment so obtained shall be executed in the same manner now provided by law for execution of judgments. Any excess over the amount due the division which the property seized and sold may bring, after payment of court costs, shall be paid over to the owner of such well.

Source: Section 377.40 — Negligently permitting gas and oil to go wild or out of control, https://www.­flsenate.­gov/Laws/Statutes/2024/0377.­40 (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

§ 377.40. Negligently permitting gas & oil to go wild or out of control's source at flsenate​.gov