Florida Statutes
Fla. Stat. § 403.131 (2025)
Injunctive relief, remedies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 8
cases, 1970–1997 · leading case: St. Regis Paper Co. v. State, 237 So. 2d 797 (Fla. 1st DCA 1970).
St. Regis Paper Co. v. State, 237 So. 2d 797 (Fla. 1st DCA 1970). “No such order shall become effective except after reasonable notice * * *; except that injunctive relief may be sought as provided under § 403.131." (Emphasis supplied.) Subsection (2) of § 403.”
State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). “, must be satisfied unless injunctive relief is sought where applicable under Fla.Stat. § 403.131, F.S.A. Although Fla.”
ST. v. Falls Chase Spec. Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1983). “The Department also may seek injunctive relief in a circuit court, under section 403.131, Fla. Stat., and fines under section 403.”
Dept. of Environ. Prot. v. Gibbins, 696 So. 2d 888 (Fla. 5th DCA 1997). “See § 403.131, Fla. Stat. (1993). On 30 January 1995, DEP moved to voluntarily dismiss its petition, alleging that access to Gibbins' property was no longer necessary.”
State Dep't of Env't Reg. v. Kaszyk, 590 So. 2d 1010 (Fla. 3d DCA 1991). “§ 403.131, Fla.Stat. Clear Legal Right to Relief Requested At the hearing on its motion for a temporary injunction, DER demonstrated through competent evidence that the owner was violating effluent standards by discharging improperly treated sewage into Boca Chica Bay, and that…”
State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “Section 403.131(1), Florida Statutes (1981), provides: "The department may institute a civil action .”
State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “Section 403.131(1), Florida Statutes (1981), provides: " The department may institute a civil action.”
Bay Crest Util. Co. v. Hillsborough Cnty. Comm'n, 38 Fla. Supp. 61 (Fla. Cir. Ct., Hillsborough Cty. 1973). “No such order shall become effective except after reasonable notice ***; except that injunctive relief may be sought as provided under §403.131. In addition, the legislature, in its wisdom, considered it appropriate to establish in Hillsborough County a pollution control law…”
— 403.131(1) — 2 cases
State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “Section 403.131(1), Florida Statutes (1981), provides: "The department may institute a civil action .”
State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “Section 403.131(1), Florida Statutes (1981), provides: " The department may institute a civil action.”
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