Legal Opinion
State v. Garay
District Court of Appeal of Florida
Decided August 1, 2001No. Nos. 2D00-3786, 2D00-3785 and 2D00-3787Published
1Opinion of the Court
WHATLEY, Judge.
The State appeals the order dismissing the charges against the appellees for improper disposal of hazardous waste in violation of section 403.727(3)(b), Florida Statutes (1999). The charges were dismissed based on the trial court’s finding that section 403.727(3)(b) made a crime out of ordinary negligence. The order dismissing the charges states that section 403.727(3)(b) is unconstitutionally vague. We reverse.
The informations filed against the appel-lees charged that on March 7 and 8, 1999, they:
[D]id knowingly or by exhibiting reckless indifference or gross careless…
2Cases cited6 opinions
- SE FISHERIES v. Dept. of Nat. ResourcesSupreme Court of Florida · 1984
- State v. GreeneSupreme Court of Florida · 1977
- State v. BarnesDistrict Court of Appeal of Florida · 1996
- State v. JoyceSupreme Court of Florida · 1978
- Dickerson v. StateDistrict Court of Appeal of Florida · 2001
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