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DEPT. OF ENVIRON. PROT. v. HARBOR UTIL.

No. 95-04681.

684 So.2d 301 (1996)

STATE of Florida, DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. HARBOR UTILITIES COMPANY, INC., James J. Ryan, individually and as president of Harbor Utilities Company, Inc., and Thomas L. Garrett, Appellees.

District Court of Appeal of Florida, Second District.

December 13, 1996.

Attorney(s) appearing for the Case

Jerrel E. Phillips, Tallahassee, for Appellant.

Gerald W. Pierce of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellee James J. Ryan.

QUINCE, Judge.

Florida's Department of Environmental Protection (the Department) challenges the trial court's order dismissing appellee James J. Ryan (Ryan) from an administrative enforcement action. We reverse the dismissal of Ryan because corporate officers are included under the plain language of Florida's Air and Water Pollution Control Act (the Act) which imposes liability on "any person" who violates the provisions of the Act, and because the Department's complaint...

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