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STATE v. HAMILTON

No. 55181.

388 So.2d 561 (1980)

STATE of Florida, Appellant, v. Harry S. HAMILTON, Appellee.

Supreme Court of Florida.

September 18, 1980.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., and Martin S. Friedman, Asst. Atty. Gen., and Sheri W. Smallwood, Asst. Gen. Counsel, Dept. of Environmental Regulation, Tallahassee, for appellant.

Michael L. Bryant of Birr, Bryant & Saier, Gainesville, for appellee.

ADKINS, Justice.

This is an appeal from an order of the Alachua County Court which held section 403.161(1)(a), Florida Statutes (1977) unconstitutional. We have jurisdiction pursuant to article V, section (3)(b)(1), Florida Constitution.

The appellee, hereinafter defendant, was charged with violating Florida's Air and Water Pollution Control Act:

It shall be a violation of this Chapter, and it shall be prohibited: (a) To cause pollution, except as...

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