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Old 01-24-2008, 07:19 PM
Valigator Valigator is offline
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Join Date: Sep 2003
Location: Ft. Lauderdale, Florida
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found this on Florida,

The Florida Department of Environmental Protection (FDEP) is authorized to file a civil suit against any person who caused a discharge of pollutants or hazardous substances, or who owned or operated a facility at which the discharge occurred. F.S §376.308(1). Individuals who have suffered damages resulting from a discharge or condition of pollution are also covered by these statutes. F.S §376.313(3). In Aramark Uniform and Career Apparel v. Easton, 894 So. 2d 20 (Fla. 2004), the Florida Supreme Court held that F.S. §376.313(3) creates a private cause of action imposing strict liability for damages against an adjoining landowner without proof that the defendant actually caused the pollution. In addition, the court held that the defendant is limited to the statutory defenses found in F.S. §376.308.5

Under the statutory and judicial authority set forth above, shooting ranges in Florida are potentially liable to the State of Florida and third parties for causing any pollution or discharging pollutants or hazardous substances into the environment. In response to reports of violations, in recent years, the FDEP stepped up its investigation and enforcement of these laws at several shooting ranges in Florida.6 In response to the increased enforcement by the FDEP, gun clubs in Florida, many of them allied with the NRA and NSSF, counterattacked by introducing legislation in 2004 intended to prohibit state enforcement of these environmental laws at shooting ranges and imposing severe criminal penalties on any governmental officials who targeted shooting ranges for enforcement.7 After much debate, the legislature enacted F.S. §790.333, relating to “Sports Shooting and Training Range Protection, Liability, and Penalties.” The statute generally directs that sports shooting range owners, operators, tenants, or occupants implement site-specific appropriate environmental management practices, utilizing as guidance the FDEP’s BMP Manual.
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