Florida Statute 376.302 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVIII
NATURAL RESOURCES; CONSERVATION, RECLAMATION, AND USE

Chapter 376
POLLUTANT DISCHARGE PREVENTION AND REMOVAL

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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.

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Amendments to 376.302

Annotations, Discussions, Cases:

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

Cases Citing Statute 376.302

Total Results: 6

ARAMARK UNIFORM AND APPAREL v. Easton

894 So. 2d 20, 29 Fla. L. Weekly Supp. 551, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20115, 2004 Fla. LEXIS 1743, 2004 WL 2251847

Supreme Court of Florida | Filed: Oct 7, 2004 | Docket: 1767704

Cited 37 times | Published

surface or groundwaters of the state or lands," see § 376.302(1)(a), Fla. Stat. (2002); grant authority to the

Curd v. Mosaic Fertilizer, LLC

39 So. 3d 1216, 40 Envtl. L. Rep. (Envtl. Law Inst.) 20172, 2010 A.M.C. 2211, 35 Fla. L. Weekly Supp. 341, 71 ERC (BNA) 1005, 2010 Fla. LEXIS 944, 2010 WL 2400384

Supreme Court of Florida | Filed: Jun 17, 2010 | Docket: 60294850

Cited 19 times | Published

to pollution of surface and ground waters”); § 376.302(l)(a), Fla. Stat. (2004) (prohibiting the discharge

Kaplan v. Peterson

674 So. 2d 201, 1996 WL 283690

District Court of Appeal of Florida | Filed: May 31, 1996 | Docket: 1195287

Cited 7 times | Published

amendment to the sections cited since that time. [7] § 376.302, Fla.Stat. (1989). [8] See §§ 376.307 and 376

Sunshine Jr. Stores, Inc. v. STATE, DER

556 So. 2d 1177, 1990 WL 7630

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 542838

Cited 4 times | Published

the case, the respondents were in violation of § 376.302, Fla. Stat., (prohibiting discharge of refined

De Zayas v. Bellsouth Telecommunications, Inc.

841 F. Supp. 2d 1257, 2012 WL 161330, 2012 U.S. Dist. LEXIS 6991

District Court, S.D. Florida | Filed: Jan 18, 2012 | Docket: 65978826

Cited 1 times | Published

ground waters of state or lands.” See Fla. Stat. § 376.302(l)(a) (2004).5 Because Plaintiffs have failed

Charles L. Lieupo v. Simon's Trucking, Inc.

Supreme Court of Florida | Filed: Dec 19, 2019 | Docket: 16761666

Published

to pollution of surface and ground waters”); § 376.302(1)(a), Fla. Stat. (2011) (prohibiting the discharge