(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.
Cited 37 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 551, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20115, 2004 Fla. LEXIS 1743, 2004 WL 2251847
...These particular statutes comprise a comprehensive statutory scheme designed to protect Florida's surface and groundwaters. Among their many provisions, they prohibit the discharge of "pollutants or hazardous waste substances into or upon the surface or groundwaters of the state or lands," see § 376.302(1)(a), Fla....
...utants, § 376.303, Fla. Stat. (2002); and create funds and programs designed to facilitate the restoration of contaminated sites, see, e.g., § 376.3071(3), Fla. Stat. (2002). The statutory scheme provides for both civil and criminal penalties. See § 376.302(2)-(3), Fla....
Cited 7 times | Published | Florida 5th District Court of Appeal | 1996 WL 283690
...In this opinion, we use references to the 1989 statute because that is the statute in effect when this suit was filed against Phelps, and it is the one referenced in the pleadings. Additionally, there has been no new amendment to the sections cited since that time. [7] § 376.302, Fla.Stat....
Cited 4 times | Published | Florida 1st District Court of Appeal | 1990 WL 7630
...was impairing the reasonable beneficial use of adjacent waters; and (4) that upon application of Chapters *1179 376 and 403, Fla. Stat. and Fla. Admin. Code Rules Chapters 17-3 and 17-4, to the facts of the case, the respondents were in violation of § 376.302, Fla....
...Among other things, the notice stated that "K & F's activities... on property currently owned by respondent Sunshine have resulted in a discharge of refined petroleum products upon the lands and waters of the state." The effect of this allegation was to accuse Sunshine of a violation of Section 376.302, Florida Statutes (1985), prohibiting the discharge of pollutants into or upon any waters of the state or lands in violation of any departmental standard....
...Violation of Florida’s Water Quality Assurance Act (Count VI) The section of the Act Plaintiffs rely on prohibits the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of state or lands.” See Fla. Stat. § 376.302 (l)(a) (2004)....
...and adjoining lands,
the 1983 act provides a cause of action for those harmed by pollution of ground
and surface waters. See § 376.30, Fla. Stat. (2011) (entitled “Legislative intent
with respect to pollution of surface and ground waters”); § 376.302(1)(a), Fla....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
