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Florida Statute 376.302 | Lawyer Caselaw & Research
F.S. 376.302 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 376.302

The 2023 Florida Statutes (including Special Session C)

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE
Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL
View Entire Chapter
F.S. 376.302
376.302 Prohibited acts; penalties.
(1) It shall be a violation of this chapter and it shall be prohibited for any reason:
(a) To discharge pollutants or hazardous substances into or upon the surface or ground waters of the state or lands, which discharge violates any departmental “standard” as defined in s. 403.803(13).
(b) To fail to obtain any permit or registration required by this chapter or by rule, or to violate or fail to comply with any statute, rule, order, permit, registration, or certification adopted or issued by the department pursuant to its lawful authority.
(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, registration, rule, or order issued under this chapter.
(2) Except as provided in s. 376.311, any person who commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s. 403.141.
(3) Any person who willfully commits a violation specified in paragraph (1)(a) or paragraph (1)(b) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not less than $2,500 or more than $25,000, or punishable by 1 year in jail, or by both for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.
(4) Any person who commits a violation specified in paragraph (1)(c) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not more than $10,000, or by 6 months in jail, or by both for each offense.
(5) A person who commits fraud in representing his or her qualifications as a contractor or in submitting a payment invoice pursuant to s. 376.3071 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to ensure immediate and continued compliance with this act.
History.s. 84, ch. 83-310; s. 8, ch. 84-338; s. 4, ch. 92-30; s. 1, ch. 94-311; s. 4, ch. 94-355; s. 6, ch. 2014-151.

F.S. 376.302 on Google Scholar

F.S. 376.302 on Casetext

Amendments to 376.302


Arrestable Offenses / Crimes under Fla. Stat. 376.302
Level: Degree
Misdemeanor/Felony: First/Second/Third

S376.302 1a - CONSERVATION-ENVIRONMENT - POLLUTE WATER OR LAND - M: F
S376.302 1b - CONSERVATION-ENVIRONMENT - FAIL TO COMPLY OR VIOL DEPT REGS - M: F
S376.302 1c - FRAUD-FALSE STATEMENT - REGARDING POLLUTANT DISCHARGE/REPORTS - M: F
S376.302 1c - FRAUD - FALSIFY TAMPER MONITORING DEVICE - M: F
S376.302 5 - FRAUD - REP AS CONTRCTR INLAND PROTECT TRUST FUND PYMT - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

DE ZAYAS De v. BELLSOUTH TELECOMMUNICATIONS, INC., 841 F. Supp. 2d 1257 (S.D. Fla. 2012)

. . . . § 376.302(l)(a) (2004). . . .

CURD, v. MOSAIC FERTILIZER, LLC,, 39 So. 3d 1216 (Fla. 2010)

. . . Stat. (2004) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302 . . .

ARAMARK UNIFORM AND CAREER APPAREL, INC. v. EASTON, Jr., 894 So. 2d 20 (Fla. 2004)

. . . or hazardous waste substances into or upon the surface or groundwaters of the state or lands,” see § 376.302 . . . See § 376.302(2)-(3), Fla. Stat. (2002). . . .

KAPLAN, v. PETERSON,, 674 So. 2d 201 (Fla. Dist. Ct. App. 1996)

. . . . § 376.302, Fla.Stat. (1989). . See §§ 376.307 and 376.3071, Fla.Stat. (1989). . . . .

SUNSHINE JR. STORES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 556 So. 2d 1177 (Fla. Dist. Ct. App. 1990)

. . . Code Rules Chapters 17-3 and 17-4, to the facts of the case, the respondents were in violation of § 376.302 . . . The effect of this aller gation was to accuse Sunshine of a violation of Section 376.302, Florida Statutes . . .