Florida Statutes

Fla. Stat. § 376.302 (2025)

Prohibited acts; penalties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Arrestable Offenses under F.S. 376.302

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§376.302(5)FRAUDREP AS CONTRCTR INLAND PROTECT TRUST FUND PYMTF · 3rd

§376.302(1a)CONSERVATION-ENVIRONMENTPOLLUTE WATER OR LANDM · 1st

§376.302(1b)CONSERVATION-ENVIRONMENTFAIL TO COMPLY OR VIOL DEPT REGSM · 1st

§376.302(1c)FRAUD-FALSE STATEMENTMAKE FALSE STATEMT POLLUTANT DISCHG/REPORTSM · 1st

§376.302(1c)FRAUDFALSIFY TAMPER MONITORING DEVICEM · 1st

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1990–2023 · leading case: Aramark Unif. & Apparel v. Easton, 894 So. 2d 20 (Fla. 2004).

Sort: Relevance Newest Treatment

Aramark Unif. & Apparel v. Easton, 894 So. 2d 20 (Fla. 2004). · cites it 3× “(2002); and create funds and programs designed to facilitate the restoration of contaminated sites, see, e.”

Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010). · cites it 2× “(2004) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302(l)(a), Fla. Stat. (2004) (prohibiting the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of the state”).”

Kaplan v. Peterson, 674 So. 2d 201 (Fla. 5th DCA 1996). · cites it 2× “[7] § 376.302, Fla.Stat. (1989). [8] See §§ 376.”

Sunshine Jr. Stores, Inc. v. STATE, DER, 556 So. 2d 1177 (Fla. 1st DCA 1990). · cites it 4× “Code Rules Chapters 17-3 and 17-4, to the facts of the case, the respondents were in violation of § 376.302, Fla. Stat., (prohibiting discharge of refined petroleum products upon waters and lands of the state); Fla.”

De Zayas v. Bellsouth Telecomm., Inc., 841 F. Supp. 2d 1257 (S.D. Fla. 2012). “§ 376.302 (l)(a) (2004). 5 Because Plaintiffs have failed to provide any admissible documentary or expert testimony in support of their contention that a “pollutant” or “hazardous substance” was discharged into the surface or ground waters, they cannot succeed on this claim.”

Charles L. Lieupo v. Simon's Trucking, Inc. (Fla. 2019). · cites it 2× “(2011) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302(1)(a), Fla. Stat. (2011) (prohibiting the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of the state or lands”).”

Dulcio v. Env't Prot. Agency (S.D. Fla. 2023). · cites it 2× “Claims for Declaratory Relief (Counts I-II) In Count I, Plaintiff alleges that he does not know who is responsible for the discharge or other pollution and seeks (1) a declaration that Defendants FDEP, FDEP-SE, FDEP-Waste 9 Plaintiff also appears to rely on various inapplicable…”

— 376.302(1)(a) — 2 cases

Aramark Unif. & Apparel v. Easton, 894 So. 2d 20 (Fla. 2004). “(2002); and create funds and programs designed to facilitate the restoration of contaminated sites, see, e.”

Charles L. Lieupo v. Simon's Trucking, Inc. (Fla. 2019). “(2011) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302(1)(a), Fla. Stat. (2011) (prohibiting the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of the state or lands”).”

— 376.302(2) — 1 case

Aramark Unif. & Apparel v. Easton, 894 So. 2d 20 (Fla. 2004). “(2002); and create funds and programs designed to facilitate the restoration of contaminated sites, see, e.”

— 376.302(l)(a) — 1 case

Curd v. Mosaic Fertilizer, LLC, 39 So. 3d 1216 (Fla. 2010). “(2004) (entitled “Legislative intent with respect to pollution of surface and ground waters”); § 376.302(l)(a), Fla. Stat. (2004) (prohibiting the discharge of “pollutants or hazardous substances into or upon the surface or ground waters of the state”).”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.