District Court of Appeal of Florida August 1, 2001, Nos. 2D00-3786, 2D00-3785 and 2D00-3787 (State v. Garay)

WHATLEY, Judge.

The State appeals the order dismissing the charges against the appellees for improper disposal of hazardous waste in violation of section 403.727(3)(b), Florida Statutes (1999). The charges were dismissed based on the trial court’s finding that section 403.727(3)(b) made a crime out of ordinary negligence. The order dismissing the charges states that section 403.