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The 2025 Florida Statutes
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F.S. 403.141403.141 Civil liability; joint and several liability.—(1) A person who commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state to their former condition, and furthermore is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than $15,000 per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. If a violation is an unauthorized discharge of domestic wastewater, each day the cause of the violation is not addressed constitutes a separate offense until the violation is resolved by order or judgment. This section does not give the department the right to bring an action on behalf of any private person. (2) Whenever two or more persons pollute the air or waters of the state in violation of this chapter or any rule, regulation, or order of the department so that the damage is indivisible, each violator shall be jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred in tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including the animal, plant, and aquatic life of the state, to their former condition. However, if said damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage attributable to his or her violation. (3) In assessing damages for fish killed, the value of the fish is to be determined in accordance with a table of values for individual categories of fish which shall be promulgated by the department. At the time the table is adopted, the department shall use tables of values established by the Department of Environmental Protection and the Fish and Wildlife Conservation Commission. The total number of fish killed may be estimated by standard practices used in estimating fish population. (4) The damage provisions of this section shall not apply to damage resulting from the application of federally approved or state-approved chemicals to the waters in the state for the control of insects, aquatic weeds, or algae, provided the application of such chemicals is done in accordance with a program approved pursuant to s. 403.088(1) and provided said application is not done negligently. History.—s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; s. 1, ch. 71-204; s. 3, ch. 72-286; s. 7, ch. 74-133; s. 1, ch. 76-112; s. 3, ch. 78-98; s. 370, ch. 94-356; s. 4, ch. 97-103; s. 24, ch. 2000-197; s. 18, ch. 2020-158.
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Annotations, Discussions, Cases:
Cases Citing Statute 403.141
Total Results: 16
668 F. Supp. 1541, 1987 U.S. Dist. LEXIS 7989
District Court, S.D. Florida | Filed: Aug 12, 1987 | Docket: 952499
Cited 41 times | Published
plant life, and property. In accordance with Section 403.141, Florida Statutes, Pepper's Steel and the Owner
300 So. 2d 75, 1974 Fla. App. LEXIS 8670
District Court of Appeal of Florida | Filed: Jun 11, 1974 | Docket: 1729172
Cited 35 times | Published
caused and for civil penalties as provided in Section 403.141. The latter statute clearly provides that the
691 F. Supp. 1377, 1988 A.M.C. 2705, 1988 U.S. Dist. LEXIS 7271, 1988 WL 73386
District Court, S.D. Florida | Filed: Jul 15, 1988 | Docket: 1331292
Cited 12 times | Published
required permit creates civil liability under F.S.A. § 403.141). Also,
[i]t is ... declared to be the public
448 So. 2d 1074
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049
Cited 6 times | Published
damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative
794 So. 2d 744, 2001 WL 1110559
District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 1473403
Cited 5 times | Published
it has expressly so provided. See, e.g., section 403.141(1), Florida Statutes (1997) ("Whoever commits
579 So. 2d 118
District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1432476
Cited 5 times | Published
ensure abatement of polluting conditions, and section 403.141(2), providing that liability under chapter
371 So. 2d 178, 13 ERC 1793
District Court of Appeal of Florida | Filed: May 15, 1979 | Docket: 2041872
Cited 5 times | Published
suffering full penalty for noncompliance under § 403.141, Florida Statutes, in an amount up to $10,000
556 So. 2d 1177, 1990 WL 7630
District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 542838
Cited 4 times | Published
Sunshine's ownership of the property; (2) that § 403.141(2) (providing that if damage attributable to two
424 So. 2d 787
District Court of Appeal of Florida | Filed: Jan 21, 1983 | Docket: 1297053
Cited 3 times | Published
section 403.131, Fla. Stat., and fines under section 403.141, Fla. Stat. After Falls Chase took its case
695 So. 2d 1305, 1997 WL 352895
District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1522048
Cited 2 times | Published
(1985), and for investigative costs under section 403.141(1), Florida Statutes (1985). She further found
329 So. 2d 5
Supreme Court of Florida | Filed: Feb 26, 1976 | Docket: 1251346
Cited 2 times | Published
appeal from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), unconstitutional
684 So. 2d 301, 1996 Fla. App. LEXIS 12887, 1996 WL 720864
District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769566
Published
to personal liability under the Act. See also § 403.141, Fla. Stat. (1993).
These provisions expressly
670 So. 2d 1062, 1996 Fla. App. LEXIS 2463, 1996 WL 112181
District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64763473
Published
Assuming that the fine was imposed pursuant to section 403.141(1), Florida Statutes (1995), which provides
448 So. 2d 1074, 1984 Fla. App. LEXIS 12361
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295
Published
damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative
275 So. 2d 21, 1973 Fla. App. LEXIS 6997
District Court of Appeal of Florida | Filed: Mar 6, 1973 | Docket: 64531109
Published
spillage, which action was brought pursuant to Section 403.141, Florida Statutes, F.S.A.
The central issue
257 So. 2d 253, 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089
Supreme Court of Florida | Filed: Jun 23, 1971 | Docket: 64524159
Published
free to assess damages and costs under Fla.Stat. § 403.141(1) and either wait for voluntary payment under
