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AVATAR DEVELOPMENT CORP. v. STATE

No. 91,424.

723 So.2d 199 (1998)

AVATAR DEVELOPMENT CORPORATION and Amikam Tanel, Petitioners, v. STATE of Florida, Respondent.

Supreme Court of Florida.

Rehearing Denied December 28, 1998.

Attorney(s) appearing for the Case

Theodore Klein of Bierman & Shohat, Miami, and John H. Pelzer, Samuel S. Fields and Daniella Friedman of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Petitioners.

Robert A. Butterworth, Attorney General, and Jonathan A. Glogau, Assistant Attorney General, Tallahassee, for Respondent.

David K. Thulman, Assistant General Counsel, Tallahassee, for State of Florida Department of Environmental Protection, Amicus Curiae.

ANSTEAD, Justice.

We have for review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful violation of any administrative rule, regulation or permit condition promulgated for the purpose of preventing and controlling pollution. The Fourth District Court of Appeal in State v. Avatar Development Corp., 697 So.2d 561 (Fla. 4th DCA 1997), expressly declared the statute valid...

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