Florida Statutes

Fla. Stat. § 403.141 (2025)

Civil liability; joint and several liability.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 18 cases, 1970–2001 · leading case: STATE, DEPT. OF POL. CONT. v. Int'l Paper Co., 329 So. 2d 5 (Fla. 1976).

Sort: Relevance Newest Treatment

STATE, DEPT. OF POL. CONT. v. Int'l Paper Co., 329 So. 2d 5 (Fla. 1976). · cites it 19× “free to assess damages and costs under Fla. Stat. § 403.141 (1), F.S.A. and either wait for voluntary payment under subsection (2), or .”

Pepper's Steel & Alloys, Inc. v. United States Fid. & Guar. Co., 668 F. Supp. 1541 (S.D. Fla. 1987). · cites it 2× “In accordance with Section 403.141, Florida Statutes, Pepper's Steel and the Owner Defendants are therefore liable for the judicial imposition of a civil penalty of not more than ,000 per day for each day of violation of Department rules.”

State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). · cites it 6× “But once the due process safeguards are met and the Commission has determined that one or more violations have occurred, it is then free to initiate a complaint seeking judicial imposition of penalties; it is also free to assess damages and costs under Fla. Stat. § 403.141 (1),…”

State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). · cites it 16× “” Subsection (1) of section 403.141, which is the alleged basis of appellant’s standing, provides in relevant portion: (1) Whoever commits a violation specified in s.”

Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991). · cites it 3× “[2] This warning was apparently issued in compliance with Section 403.141(2), Florida Statutes (1985), providing that "[w]henever two or more persons pollute the .”

Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel, 691 F. Supp. 1377 (S.D. Fla. 1988). · cites it 2× “161(l)(b) (failure to obtain required permit creates civil liability under F.S.A. § 403.141). Also, [i]t is ... declared to be the public policy of the state that all treasure trove, artifacts, and such objects having intrinsic or historical and archeological value which have…”

ST. v. Falls Chase Spec. Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1983). “, and fines under section 403.141, Fla. Stat. After Falls Chase took its case to circuit court, the Department did file, subject to its motion to dismiss for failure to exhaust administrative remedies, a counterclaim for injunctive relief and fines from the Falls Chase…”

3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001). · cites it 2× “is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than ,000 per offense.... Each day during any portion of which such violation occurs constitutes a separate offense.”

GARDINIER INC. v. Florida Dept. of Pollution Control, 300 So. 2d 75 (Fla. 1st DCA 1974). “161 is liable to the State for any damage caused and for civil penalties as provided in Section 403.141. The latter statute clearly provides that the violator is "subject to the judicial imposition of a civil penalty for each offense in an amount of not more than ,000 per…”

Belleau v. Dept. of Environ. Prot., 695 So. 2d 1305 (Fla. 1st DCA 1997). · cites it 2× “161(1)(a) and (b), Florida Statutes (1985), and for investigative costs under section 403.141(1), Florida Statutes (1985).”

Sunshine Jr. Stores, Inc. v. STATE, DER, 556 So. 2d 1177 (Fla. 1st DCA 1990). · cites it 4× “311(2), Florida Statutes (1985), moreover, states that the penalties for a discharge shall include those provided in chapter 403, and Section 403.141(2), Florida Statutes (1985), specifically declares that if two or more persons pollute the waters of the state in violation of…”

St. Joe Paper Co. v. State, Dept. of E. Reg., 371 So. 2d 178 (Fla. 1st DCA 1979). “The Stipulation merely provides for a reduced penalty for St. Joe if a force majeure occurred.”

Show all 18 citing cases →

— 403.141(1) — 6 cases

State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “” Subsection (1) of section 403.141, which is the alleged basis of appellant’s standing, provides in relevant portion: (1) Whoever commits a violation specified in s.”

3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001). “is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than ,000 per offense.... Each day during any portion of which such violation occurs constitutes a separate offense.”

State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). “But once the due process safeguards are met and the Commission has determined that one or more violations have occurred, it is then free to initiate a complaint seeking judicial imposition of penalties; it is also free to assess damages and costs under Fla. Stat. § 403.141 (1),…”

Belleau v. Dept. of Environ. Prot., 695 So. 2d 1305 (Fla. 1st DCA 1997). “161(1)(a) and (b), Florida Statutes (1985), and for investigative costs under section 403.141(1), Florida Statutes (1985).”

State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).

— 403.141(2) — 4 cases

Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991). “[2] This warning was apparently issued in compliance with Section 403.141(2), Florida Statutes (1985), providing that "[w]henever two or more persons pollute the .”

Sunshine Jr. Stores, Inc. v. STATE, DER, 556 So. 2d 1177 (Fla. 1st DCA 1990). “311(2), Florida Statutes (1985), moreover, states that the penalties for a discharge shall include those provided in chapter 403, and Section 403.141(2), Florida Statutes (1985), specifically declares that if two or more persons pollute the waters of the state in violation of…”

State v. St. Regis Paper Co., 275 So. 2d 21 (Fla. 1st DCA 1973).

— 403.141(3) — 3 cases

STATE, DEPT. OF POL. CONT. v. Int'l Paper Co., 329 So. 2d 5 (Fla. 1976). “free to assess damages and costs under Fla. Stat. § 403.141 (1), F.S.A. and either wait for voluntary payment under subsection (2), or .”

State v. St. Regis Paper Co., 275 So. 2d 21 (Fla. 1st DCA 1973).

Florida Air & Water Pollution Control Comm'n v. B & W Canning Co., 35 Fla. Supp. 65 (Fla. Cir. Ct., Lake Cty. 1970).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.