Florida Statute 381.0012 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS

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F.S. 381.0012

381.0012 Enforcement authority.—

(1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may defend all actions and proceedings involving the department’s powers and duties.

(2) The department may apply for an injunction to the proper circuit court, and the judge of that court upon hearing and for cause shown may grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter. A permanent injunction may be issued without bond. However, a temporary injunction may not be issued without bond except after a hearing of which the respondent has been given not less than 7 days’ prior notice. A temporary injunction may not be issued without bond which limits or prevents operations of an industrial, manufacturing, or processing plant, unless at the hearing, it is shown by clear, certain, and convincing evidence that irreparable injury will result to the public from the failure to issue the temporary injunction. If a temporary injunction or restraining order is improperly or erroneously granted, the state is liable in damages and to the extent provided for in chapter 768.

(3) The department may commence and maintain all proper and necessary actions and proceedings to compel the performance of any act specifically required of any person, officer, or board by any law of this state relating to public health.

(4) The department may appear before any trial court judge empowered to issue warrants in criminal cases and request the issuance of a warrant. The trial court judge shall issue a warrant directed to any sheriff, deputy, or police officer to assist in any way to carry out the purpose and intent of this chapter.

(5) It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon request to assist the department or any of its agents in enforcing the state health laws, rules, and orders adopted under this chapter.

History.—s. 4, ch. 91-297; s. 9, ch. 2004-11; s. 1, ch. 2015-120.

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Amendments to 381.0012

Arrestable Offenses / Crimes under Fla. Stat. 381.0012

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 381.0012.

Annotations, Discussions, Cases:

Cases Citing Statute 381.0012

Total Results: 4

Osterback v. Agwunobi

Court: District Court of Appeal of Florida | Date Filed: 2004-04-26

Citation: 873 So. 2d 437, 2004 WL 874932

Snippet: hereunder may be enforced in the manner provided in s. 381.0012 381.031(3). Such rules shall be a part of the

Crane Point Associates, Inc. v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-10-31

Citation: 805 So. 2d 26, 2001 Fla. App. LEXIS 15269, 2001 WL 1335073

Snippet: proper sewage treatment system. See §§ 386.041(2); 381.0012, Fla. Stat. (2001). As the learned trial court

Provident Mgmt. Corp. v. TREASURE ISLAND

Court: Supreme Court of Florida | Date Filed: 2001-05-24

Citation: 796 So. 2d 481, 2001 WL 543679

Snippet: to those set forth in section 768.28. Section 381.0012(2), Florida Statutes (1999), for example, explicitly

Milton v. Blackshear

Court: Supreme Court of Florida | Date Filed: 1858-07-01

Citation: 8 Fla. 161

Snippet: commencement of the suit. — 2 Parson’s on Cont., 381; 12 New Hamp., 484; 11 Wend., 478; Am. Lead. Cases