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Florida Statute 403.131 | Lawyer Caselaw & Research
F.S. 403.131 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 403.131

The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.131
403.131 Injunctive relief, remedies.
(1) The department may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter or any rule, regulation, permit certification, or order; to enjoin any violation specified in s. 403.161(1); and to seek injunctive relief to prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect human health, safety, and welfare caused or threatened by any violation.
(2) All the judicial and administrative remedies to recover damages and penalties in this section and s. 403.121 are alternative and mutually exclusive.
History.s. 14, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-139; s. 1, ch. 70-439; s. 2, ch. 72-286; s. 3, ch. 2001-258; s. 27, ch. 2020-158.

F.S. 403.131 on Google Scholar

F.S. 403.131 on Casetext

Amendments to 403.131


Arrestable Offenses / Crimes under Fla. Stat. 403.131
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.131.



Annotations, Discussions, Cases:

Cases from cite.case.law:

R. KIRK, A. B. v. UNITED STATES SUGAR CORPORATION A QO, 726 So. 2d 822 (Fla. Dist. Ct. App. 1999)

. . . See, e.g., § 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161, Fla. Stat. (1995). . . .

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. GIBBINS,, 696 So. 2d 888 (Fla. Dist. Ct. App. 1997)

. . . See § 403.131, Fla. Stat. (1993). . . .

STATE v. DELGRASSO,, 653 So. 2d 459 (Fla. Dist. Ct. App. 1995)

. . . See §§ 403.121, 403.131 and 403.141, Fla.Stat. (1991). . . .

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, v. KASZYK,, 590 So. 2d 1010 (Fla. Dist. Ct. App. 1991)

. . . Monroe County Circuit Court in December, 1990, to enforce the consent orders and, pursuant to section 403.131 . . . the legislature gave DER “independent and cumulative” remedies of in-junctive relief and penalties. § 403.131 . . . treatment standards and recover damages or penalties for damage to the environment. §§ 403.121 and 403.131 . . . violation, or has failed to hold an administrative hearing prior to the institution of a civil action”); § 403.131 . . . temporary injunction prohibiting the owner from continuing to violate state effluent standards, as section 403.131 . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . Section 403.131(1), Florida Statutes (1981), provides: "The department may institute a civil action . . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. FALLS CHASE SPECIAL TAXING DISTRICT,, 424 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . civil action for the entry and enforcement of a permanent injunction and fine pursuant to Sections 403.131 . . . Sections 403.131, .141, .121(1), Fla.Stat. (1979). . . . The Department also may seek injunctive relief in a circuit court, under section 403.131, Fla. . . .

BAY CREST UTILITY CO. v. HILLSBOROUGH COUNTY COMMISSION, 38 Fla. Supp. 61 (Hillsborough Cty. Cir. Ct. 1973)

. . . except after reasonable notice ***; except that injunctive relief may be sought as provided under §403.131 . . .

STATE By FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION, v. ST. REGIS PAPER COMPANY, a, 257 So. 2d 253 (Fla. 1971)

. . . for initial relief without regard to § 403.121 in those circumstances coming within the purview of § 403.131 . . . 3), F.S.A., must be satisfied unless injunctive relief is sought where applicable under Fla.Stat. § 403.131 . . . order has been violated or an emergency arises, in which case the injunctive procedures of Fla.Stat. § 403.131 . . .

ST. REGIS PAPER COMPANY, a v. STATE By FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION,, 237 So. 2d 797 (Fla. Dist. Ct. App. 1970)

. . . except after reasonable notice * * *; except that injunctive relief may be sought as provided under § 403.131 . . . It did not seek injunctive relief as it is permitted to do in certain instances specified by § 403.131 . . . for initial relief without regard to § 403.121 in those circumstances coming within the purview of § 403.131 . . .