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: District Court of Appeal of Florida | Date Filed: 2001-09-24

Citation: 794 So. 2d 744, 2001 WL 1110559

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

Kirk v. US Sugar Corp.

Court: District Court of Appeal of Florida | Date Filed: 1999-02-03

Citation: 726 So. 2d 822, 1999 WL 44336

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: District Court of Appeal of Florida | Date Filed: 1997-06-27

Citation: 695 So. 2d 1305, 1997 WL 352895

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: District Court of Appeal of Florida | Date Filed: 1996-12-13

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

Spade Engineering Co. v. State Department of Environmental Protection

Court: District Court of Appeal of Florida | Date Filed: 1996-03-15

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: District Court of Appeal of Florida | Date Filed: 1995-04-07

Citation: 653 So. 2d 459, 1995 WL 150349

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: District Court of Appeal of Florida | Date Filed: 1991-05-08

Citation: 579 So. 2d 118

Snippet: abatement of polluting conditions, and section 403.141(2), providing that liability under chapter 403

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

Court: District Court of Appeal of Florida | Date Filed: 1990-02-02

Citation: 556 So. 2d 1177, 1990 WL 7630

Snippet: Sunshine's ownership of the property; (2) that § 403.141(2) (providing that if damage attributable to two

State v. General Development Corp.

Court: Supreme Court of Florida | Date Filed: 1985-05-23

Citation: 469 So. 2d 1381, 10 Fla. L. Weekly 291, 1985 Fla. LEXIS 3392

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: District Court of Appeal of Florida | Date Filed: 1984-03-23

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

Snippet: and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition

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

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074

Snippet: and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative petition

ST. v. Falls Chase Spec. Taxing Dist.

Court: District Court of Appeal of Florida | Date Filed: 1983-01-21

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

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

Court: District Court of Appeal of Florida | Date Filed: 1979-05-15

Citation: 371 So. 2d 178, 13 ERC 1793

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: Supreme Court of Florida | Date Filed: 1976-02-26

Citation: 329 So. 2d 5

Snippet: from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), unconstitutional.

GARDINIER INC. v. Florida Dept. of Pollution Control

Court: District Court of Appeal of Florida | Date Filed: 1974-06-11

Citation: 300 So. 2d 75, 1974 Fla. App. LEXIS 8670

Snippet: Pertinent here are Sections 403.061(16), 403.121, 403.141, 403.161 and 403.161(2). No useful purpose will

State v. St. Regis Paper Co.

Court: District Court of Appeal of Florida | Date Filed: 1973-03-06

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

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

Court: Supreme Court of Florida | Date Filed: 1971-06-23

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