Legal Opinion
State ex rel. Florida Air & Water Pollution Control Commission v. St. Regis Paper Co.
Supreme Court of Florida
Decided June 23, 1971No. 40178PublishedCited by 12 opinions
1Opinion of the Court
CARLTON, Justice.
We are concerned in this case with the avenues of procedure available to the Florida Air and Water Pollution Control Commission for the assessment of civil penalties against an alleged polluter under Chapter 403, Florida Statutes, F.S.A. The District Court of Appeal, First District, has held through an opinion reported at 237 So.2d 797 (1st D.C.A.Fla.1970), that the Commission cannot file a complaint seeking assessment of penalties directly in a court of competent jurisdiction without first complying with Fla.Stat. § 403.121, F.S.A. We agree with the District Court although…
2Cases cited3 opinions
- St. Regis Paper Company v. StateDistrict Court of Appeal of Florida · 1970
- Community Blood Bank, Inc. v. RussellSupreme Court of Florida · 1967
- Powell v. StateDistrict Court of Appeal of Florida · 1970
3Cited by12 opinions
- GARDINIER INC. v. Florida Dept. of Pollution ControlDistrict Court of Appeal of Florida · 1974
- Dept. of Hlt. & Rehabilitative Serv. v. Fla Psychiatric Society, Inc.District Court of Appeal of Florida · 1980
- STATE, DEPT. OF POL. CONT. v. International Paper Co.Supreme Court of Florida · 1976
- Mobile America Corp. v. Southern Bell Tel. & Tel. Co., Circuit Court of the 4th Judicial Circuit of Florida, Duval County1972
- Ago, Florida Attorney General Reports1976
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