The 2023 Florida Statutes (including Special Session C)
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. . . (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. . . .
. . . (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. . . .
. . . the wastewater treatment facilities had not been received for various months, in violation of section 403.161 . . .
. . . See id. at 562 (analyzing the constitutionality of section 403.161, Florida Statutes (1977)). . . . . § 403.161, Fla. Stat. (1977). . . . See § 403.161(l)(c), (3)-(4), Fla. Stat. (1977). . . .
. . . .” § 403.161(l)(a), Fla. Stat. (1999). . . .
. . . See, e.g., section 403.141(1), Florida Statutes (1997) (“Whoever commits a violation specified in s. 403.161 . . .
. . . establish a violation under chapter 403, the State was required to offer proof of harm or injury, see § 403.161 . . . analysis and construction and further noted the far different elements of proof involved with section 403.161 . . .
. . . See, e.g., § 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161, Fla. Stat. (1995). . . .
. . . We have for review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which . . . The district court reversed and upheld the constitutionality of section 403.161. . . . Id. § 403.161(5). . . . See § 403.161(l)(b). . . . The trial court certified the following question: "Are Florida Statutes § 403.161 (l)(b) or § 403.161 . . .
. . . (l)(b) or § 403.161(5) unconsitutional as charged in the information? . . . Stat. § 403.161 (1995). . . . Sections 403.161(l)(b) and 403.161(5) do not unconstitutionally delegate legislative authority to an . . . Sections 403.161(1)(b) and 403.161(5), Florida Statutes, unambiguously provide that to violate or fail . . . Accordingly, we hold that Sections 403.161(1)(b) and 403.161(5) do not unconstitutionally delegate legislative . . .
. . . , Inc., and Crown Management Services, Inc., jointly and severally liable for violations of section 403.161 . . .
. . . Stat. ch. 403.161 and 403.141 (1995). . . .
. . . Stat. ch. 403.161 and 403.141 (1995). . . .
. . . Section 403.161, Florida Statutes (1993), enumerates proscribed conduct and practices which could expose . . . Prior to the 1989 amendment, section 403.161 contained a general prohibition without use of the phrase . . . See § 403.161. Fla. Stat. (Supp.1988). . . . Section 403.161 was amended in response to inconsistent interpretations by Florida courts, most of which . . . Section 403.161 (l)(c) provides: (1) It shall be a violation of this chapter, and it shall be prohibited . . .
. . . Florida Statute §§ 403.161 and 403.141 provide for the judicial imposition of a civil penalty of up to . . . Under Florida Statute §§ 403.141 and 403.161, it is a violation for any person “to violate or fail to . . . Fl.Stat. § 403.161. Any person who does so is hable to the state. Fl.Stat. § 403.141. . . .
. . . Florida statute § 403.161(l)(b) states “[i]t shall be a violation of this chapter, and it shall be prohibited . . .
. . . . § 61.147, Florida Administrative Code Rule 17-2.670, Section 403.161(1), Florida Statutes, and JEPB . . .
. . . Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes . . . , any of the other classes of crimes listed under section 403.161, proof must be presented of harm or . . . There is also an element of proof imposed upon the state by section 403.161(4) that the person charged . . . This is because a violation of section 403.161 may but need not constitute a public nuisance, defined . . . In contrast, the language of section 403.161(l)(a), proscribing, inter alia, the harming or injuring . . . Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161 . . .
. . . . § 403.161, Fla.Stat.; Fla.Admin.Code Rule 17-600.740(2)(a). . . .
. . . adequately treat stormwater runoff, in violation of Florida Administrative Code Rule 17-25 and section 403.161 . . .
. . . jurisdictional dredge and fill lands, and issued a complaint affidavit charging Fischer with violating Section 403.161 . . . Section 403.161(l)(b) provides that it is a violation of chapter 403 for any person to fail to obtain . . .
. . . of pollutants exceeding permissible levels in groundwa-ters would constitute a violation of Section 403.161 . . . Additionally, section 403.161(2) imposes liability against a violator for any damage caused and for civil . . .
. . . of “waters of the state” as defined in section 403.031(3), Florida Statutes, (1979), and (3) section 403.161 . . . authority over wetlands jurisdiction that DER asserted in 1986 after the Perrys' purchase was under section 403.161 . . . jurisdictional line relating both to DER’s old pollution based regulatory authority (sections 403.087 and 403.161 . . . to animal, plant or aquatic life or property so as to involve DER regulatory authority under section 403.161 . . . this case DER asserted authority as to wetlands described pursuant to section 403.817, under section 403.161 . . .
. . . 3.402(1) (requiring that all groundwaters at all places and times be free from toxic pollutants); § 403.161 . . . Fla.Stat., (prohibiting pollution harmful to human, animal, aquatic or plant life, or property); and § 403.161 . . .
. . . Hamilton dealt with the constitutionality of section 403.161(l)(a), Florida Statutes (1977). . . . None of these statutes require allegation or proof of actual harm, as does section 403.161(l)(a). . . . 403.727(3)(b), Fla.Stat. (1983). . § 387.08, Fla.Stat. (1983). . § 386.041, Fla.Stat. (1983). . §§ 403.161 . . .
. . . . § 403.161(l)(b) (failure to obtain required permit creates civil liability under F.S.A. § 403.141). . . .
. . . The use of waste oil would represent a violation of permit conditions pursuant to Chapter 403.161 Florida . . .
. . . discharging effluent into the surface waters of Shingle Creek/Lake Tohopeliga Basin in violation of Section 403.161 . . .
. . . See § 403.161, Fla.Stat. (1983). . . .
. . . section 403.412, Florida Statutes (1981), or a proceeding to establish criminal liability under section 403.161 . . .
. . . a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 403, specifically 403.161 . . . Section 403.161(1), Florida Statutes (1981), enunciates what shall constitute violations of Chapter 403 . . . Subsection (2) of section 403.161 states that “[w]hoever commits a violation specified in subsection . . . Simply put, section 403.161 sets forth the violations; section 403.141 creates the civil liability in . . . See § 403.161(l)(b); Rules 17-3.011(5); 17-3.-091(13); 17-3.121(14); 17-3.161(3). . . . .
. . . shall constitute a violation of the terms and conditions of the stipulation and Sections 403.087(1) and 403.161 . . . shall constitute a violation of the terms and conditions of the Stipulation and Sections 403.087(1) and 403.161 . . .
. . . This is an appeal from an order of the Alachua County Court which held section 403.161(l)(a), Florida . . . Chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property. § 403.161 . . . pollution “so as to harm or injure human health or welfare, animal, plant or aquatic life or property.” § 403.161 . . . The violation must be done “willfully or negligently” to give rise to a criminal penalty. § 403.161(3 . . . Section 403.161(3), Florida Statutes (1977), purports to impose criminal liability upon acts or omissions . . .
. . . quality standards was established by subsection (1) of Chapter 67 — 436, Laws of Florida (1967) (Section 403.161 . . .
. . . Pertinent here are Sections 403.061(16), 403.121, 403.141, 403.161 and 403.161(2). . . . Florida Statute 403.161, F.S.A. provides penalties for violation or failure to comply with an order of . . . It is further provided that whoever commits a violation specified in subsection (1) of F.S. 403.161 is . . . Penalties are provided for under Fla.Stat. § 403.161(2) and (3), F.S.A. and imposition of penalties is . . .
. . . .-131, and 403.161. . . . held that the Department could not elect to move directly against a violator in court under Section 403.161 . . . In our earlier decision, we dealt with Section 403.161, and failed to find in that section a specific . . . However, the specific grant to institute judicial action found lacking under Section 403.161 by the earlier . . . The first complaint was instigated pursuant to Florida Statute 403.161, F.S.A. and without appellant . . . reported at 257 So.2d 253 (Fla.1971), holding that appellant could not, pursuant to Florida Statute 403.161 . . .
. . . Hillsborough County Pollution Control Act, Ch. 67-1504, Laws of Florida, Special Act of 1967, as amended, and §403.161 . . . authors concluded that the legislature strengthened the enforcement powers of the State especially in §403.161 . . .
. . . . § 403.161, F.S.A. for the assessment of civil penalties for violation of the Florida Air and Water . . . Fla.Stat. § 403.121, F.S.A. or it could move directly against a violator in court under Fla.Stat. § 403.161 . . . Fla.Stat. § 403.161(1) provides that it is unlawful to contaminate the waters of this State in violation . . . Penalties are provided for under Fla.Stat. § 403.161(2) and (3), F.S.A. and imposition of penalties is . . .
. . . investigation and an assessment of civil penalties under subsections 403.141(1) and (3) and subsections 403.161 . . . may or may not, as the evidence may indicate, require assessment of civil penalties provided under §403.161 . . .
. . . condition precedent to the institution of an action for civil penalties under the provisions of Section 403.161 . . . authors concluded that the legislature strengthened the enforcement powers of the State especially in § 403.161 . . . J., and SPECTOR, J., concur. . “403.161 Prohibition, violation, 'penalty, intent.— “(1) It shall be unlawful . . . A 1970 amendment to § 403.161 increased the civil penalty to a maximum of $5,000.00 per day. . . . .