Florida Statute 403.141 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.141

403.141 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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Amendments to 403.141

Arrestable Offenses / Crimes under Fla. Stat. 403.141

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.141.

Annotations, Discussions, Cases:

Cases Citing Statute 403.141

Total Results: 17

3B TV, INC. v. State, Office of Atty. Gen.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-09-24T00:53:00-07:00

Citation: 794 So. 2d 744

Snippet: has expressly so provided. See, e.g., section 403.141(1), Florida Statutes (1997) ("Whoever commits

Kirk v. US Sugar Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1999-02-02T23:53:00-08:00

Citation: 726 So. 2d 822

Snippet: e.g., § 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161, Fla. Stat. (1995). Under part I of chapter

Belleau v. DEPT. OF ENVIRON. PROTECTION

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-27T00:53:00-07:00

Citation: 695 So. 2d 1305

Snippet: 1985), and for investigative costs under section 403.141(1), Florida Statutes (1985). She further found

State, Department of Environmental Protection v. Harbor Utilities Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-13T00:00:00-08:00

Citation: 684 So. 2d 301, 1996 Fla. App. LEXIS 12887, 1996 WL 720864

Snippet: to personal liability under the Act. See also § 403.141, Fla. Stat. (1993). These provisions expressly …would make him personally liable under sections 403.141 and 403.161, Florida Statutes (1993).2 We, therefore

Spade Engineering Co. v. State Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 1996-03-15T00:00:00-08:00

Citation: 670 So. 2d 1062, 1996 Fla. App. LEXIS 2463, 1996 WL 112181

Snippet: that the fine was imposed pursuant to section 403.141(1), Florida Statutes (1995), which provides for

State v. Delgrasso

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-07T00:53:00-07:00

Citation: 653 So. 2d 459

Snippet: violations of the act. See §§ 403.121, 403.131 and 403.141, Fla. Stat. (1991). Section 403.727 must be read

Phibro Resources Corp. v. STATE, DER

Court: Fla. Dist. Ct. App. | Date Filed: 1991-05-08T00:53:00-07:00

Citation: 579 So. 2d 118

Snippet: abatement of polluting conditions, and section 403.141(2), providing that liability under chapter 403 …was apparently issued in compliance with Section 403.141(2), Florida Statutes (1985), providing that "

Sunshine Jr. Stores, Inc. v. STATE, DER

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-01T23:53:00-08:00

Citation: 556 So. 2d 1177

Snippet: Sunshine's ownership of the property; (2) that § 403.141(2) (providing that if damage attributable to two…Specifically, DER ruled (1) that the provisions of § 403.141(2) providing for divisibility of liability wherein…include those provided in chapter 403, and Section 403.141(2), Florida Statutes (1985), specifically declares

State v. General Development Corp.

Court: Fla. | Date Filed: 1985-05-23T00:53:00-07:00

Citation: 469 So. 2d 1381

Snippet: or enforcement pursuant to sections 403.121 and 403.141, Florida Statutes (1981), or under chapter 120,

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-23T00:00:00-08:00

Citation: 448 So. 2d 1074, 1984 Fla. App. LEXIS 12361

Snippet: penalties as provided in s. 403.141.” Subsection (1) of section 403.141, which is the alleged basis of… and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition…action for damages and penalties under section 403.-141(1) and/or institute an administrative action to…authority to bring an action [pursuant to section 403.141(1)],” and (2) section 120.69(l)(a) does not authorize… for damages and penalties pursuant to section 403.141(1) for alleged violations of section 403.161(1)

STATE BY & THRO. STATE ATTY. v. Gen. Dev. Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1984-03-22T23:53:00-08:00

Citation: 448 So. 2d 1074

Snippet: penalties as provided in s. 403.141." Subsection (1) of section 403.141, which is the alleged basis… and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition…action for damages and penalties under section 403.141(1) and/or institute an administrative action to…authority to bring an action [pursuant to section 403.141(1)]," and (2) section 120.69(1)(a) does not… for damages and penalties pursuant to section 403.141(1) for alleged violations of section 403.161(1)

ST. v. Falls Chase Spec. Taxing Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-20T23:53:00-08:00

Citation: 424 So. 2d 787

Snippet: injunction and fine pursuant to Sections 403.131(1) and 403.141(1), Florida Statutes, for violations of Chapter…section 403.131, Fla. Stat., and fines under section 403.141, Fla. Stat. After Falls Chase took its case to

St. Joe Paper Co. v. STATE, DEPT. OF E. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-05-15T00:53:00-07:00

Citation: 371 So. 2d 178

Snippet: suffering full penalty for noncompliance under § 403.141, Florida Statutes, in an amount up to $10,000 per

STATE, DEPT. OF POL. CONT. v. International Paper Co.

Court: Fla. | Date Filed: 1976-02-25T23:53:00-08:00

Citation: 329 So. 2d 5

Snippet: from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), unconstitutional. …, adopted pursuant to the authority of Section 403.141(3), Florida Statutes (1973). The examiner further…enforcement of its order only in accordance with Section 403.141, Florida Statutes (1969).[3] The provisions of …summary judgment, holding unconstitutional Section 403.141 (3), Florida Statutes (1973), stating: "[The…promulgated by the Department pursuant to Section 403.141(3), Florida Statutes (1973). Concerning the issue

GARDINIER INC. v. Florida Dept. of Pollution Control

Court: Fla. Dist. Ct. App. | Date Filed: 1974-06-11T00:53:00-07:00

Citation: 300 So. 2d 75

Snippet: Pertinent here are Sections 403.061(16), 403.121, 403.141, 403.161 and 403.161(2). No useful purpose will…and for civil penalties as provided in Section 403.141. The latter statute clearly provides that the violator

State v. St. Regis Paper Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1973-03-06T00:00:00-08:00

Citation: 275 So. 2d 21, 1973 Fla. App. LEXIS 6997

Snippet: , which action was brought pursuant to Section 403.141, Florida Statutes, F.S.A. The central issue posed…posed by this appeal is whether Section 403.141, Florida Statutes, 1971, F.S.A., authorizes the Department…contaminants into the waters of the State. Section 403.141, Florida Statutes, F.S.A., provides in material…court held that even when proceeding under Section 403.141, Florida Statutes, F.S.A., the Department of Pollution…lower court found that the language of Section 403.141(3), Florida Statutes, F.S.A., established the right

State ex rel. Florida Air & Water Pollution Control Commission v. St. Regis Paper Co.

Court: Fla. | Date Filed: 1971-06-23T00:00:00-07:00

Citation: 257 So. 2d 253, 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089

Snippet: to assess damages and costs under Fla.Stat. § 403.141(1) and either wait for voluntary payment under …and judicial procedures created by Fla.Stat. § 403.141(2) and (3), F.S.A., are to be construed as giving