Florida Statute 403.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.161

403.161 Prohibitions, violation, penalty, intent.—

(1) It shall be a violation of this chapter, and it shall be prohibited for any person:

(a) To cause pollution, except as otherwise provided in this chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property.

(b) To fail to obtain any permit required by this chapter or by rule or regulation, or to violate or fail to comply with any rule, regulation, order, permit, or certification adopted or issued by the department pursuant to its lawful authority.

(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this chapter or by any permit, rule, regulation, or order issued under this chapter.

(d) For any person who owns or operates a facility to fail to report to the representative of the department, as established by department rule, within one working day of discovery of a release of hazardous substances from the facility if the owner or operator is required to report the release to the United States Environmental Protection Agency in accordance with 42 U.S.C. s. 9603.

(e) To fail to provide required notice pursuant to s. 403.077.

(2) A person who commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s. 403.141.

(3) A person who willfully commits a violation specified in paragraph (1)(a) commits a felony of the third degree, punishable as provided in ss. 775.082(3)(e) and 775.083(1)(g) by a fine of not more than $50,000 or by imprisonment for 5 years, or by both, for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.

(4) A person who commits a violation specified in paragraph (1)(a) or paragraph (1)(b) due to reckless indifference or gross careless disregard commits a misdemeanor of the second degree, punishable as provided in ss. 775.082(4)(b) and 775.083(1)(g) by a fine of not more than $10,000 or by 60 days in jail, or by both, for each offense.

(5) A person who willfully commits a violation specified in paragraph (1)(b) or who commits a violation specified in paragraph (1)(c) commits a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g) by a fine of not more than $10,000 or by 6 months in jail, or by both for each offense.

(6) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to ensure immediate and continued compliance with this section.

History.—s. 17, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-356; s. 1, ch. 70-439; s. 4, ch. 72-286; s. 8, ch. 74-133; s. 139, ch. 77-104; s. 1, ch. 77-174; s. 21, ch. 88-393; s. 2, ch. 89-143; s. 8, ch. 89-324; s. 6, ch. 2014-220; s. 4, ch. 2017-95; s. 19, ch. 2020-158.

F.S. 403.161 on Google Scholar

F.S. 403.161 on Casetext

Amendments to 403.161

Arrestable Offenses / Crimes under Fla. Stat. 403.161

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

S403.161 1a - CONSERVATION-ENVIRONMENT - RECKLESS CARELESS POLLUTE CAUSE HARM - M: S

S403.161 1a - CONSERVATION-ENVIRONMENT - POLLUTE TO HARM HUMANS ANIMALS PLANT ETC - F: T

S403.161 1b - CONSERVATION-ENVIRONMENT - RECK/CARELESS FAIL OBT DEP PERMIT COMPLY W LAW - M: S

S403.161 1b - CONSERVATION-ENVIRONMENT - FAIL TO OBTAIN DEP PERMIT COMPLY W LAW - M: F

S403.161 1c - CONSERVATION-ENVIRONMENT - RENUMBERED. SEE REC # 9307 - M: F

S403.161 1c - FRAUD-FALSE STATEMENT - FALSE STATEMENT DEP DOCUMENT TAMPER W DEVICE - M: F

Annotations, Discussions, Cases:

Cases Citing Statute 403.161

Total Results: 20

State v. Cotton

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. (prohibiting pollution resulting

State of Florida v. Javares Jones

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Citation: 180 So. 3d 1085, 2015 Fla. App. LEXIS 18023

Snippet: (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. (causing pollution, that results

Dillard & Assoc. v. Florida Dep.

Court: District Court of Appeal of Florida | Date Filed: 2005-02-22

Citation: 893 So. 2d 702, 2005 WL 405485

Snippet: received for various months, in violation of section 403.161(1)(b), Florida Statutes, and sections 62-601.300(1)(b)

State v. Giorgetti

Court: Supreme Court of Florida | Date Filed: 2004-03-04

Citation: 868 So. 2d 512, 2004 WL 396212

Snippet: 562 (analyzing the constitutionality of section 403.161, Florida Statutes (1977)). The penalties for violation

Lee County v. S. Florida Water Mgmt. Dist.

Court: District Court of Appeal of Florida | Date Filed: 2001-10-12

Citation: 805 So. 2d 893, 2001 WL 1200910

Snippet: animal, plant, or aquatic life or property." § 403.161(1)(a), Fla. Stat. (1999). The circuit court rejected

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: ("Whoever commits a violation specified in s. 403.161(1) ... is subject to the judicial imposition of

Flo-Sun, Inc. v. Kirk

Court: Supreme Court of Florida | Date Filed: 2001-03-29

Citation: 783 So. 2d 1029, 2001 WL 298917

Snippet: required to offer proof of harm or injury, see § 403.161, Fla. Stat. (1995); whereas under section 823.01

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: 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161, Fla. Stat. (1995). Under part I of chapter 403

Avatar Development Corp. v. State

Court: Supreme Court of Florida | Date Filed: 1998-10-22

Citation: 723 So. 2d 199, 1998 WL 732936

Snippet: challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful

State v. Avatar Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1997-07-16

Citation: 697 So. 2d 561, 1997 WL 394482

Snippet: county court: Are Florida Statutes § 403.161(1)(b) or § 403.161(5) unconsitutional as charged in the

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: and severally liable for violations of section 403.161(1)(a) and (b), Florida Statutes (1985), and for

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: private corporation. (Emphasis added). Section 403.161, Florida Statutes (1993), enumerates proscribed

State, Dept. of Envir. v. Scm Glidco Org.

Court: District Court of Appeal of Florida | Date Filed: 1992-10-16

Citation: 606 So. 2d 722

Snippet: Florida Administrative Code Rule 17-2.670, Section 403.161(1), Florida Statutes, and JEPB rule 2.209, caused

State v. SCM Glidco Organics Corp.

Court: District Court of Appeal of Florida | Date Filed: 1991-12-23

Citation: 592 So. 2d 710, 1991 WL 272775

Snippet: Order shall constitute a violation of Section 403.161(1)(b), Fla. Stat. Kraft pled estoppel as an affirmative

State Department of Environmental Regulation v. Kaszyk

Court: District Court of Appeal of Florida | Date Filed: 1991-12-10

Citation: 590 So. 2d 1010, 1991 Fla. App. LEXIS 12258, 1991 WL 259267

Snippet: wastewater before obtaining in-junctive relief. § 403.161, Fla.Stat.; Fla.Admin.Code Rule 17-600.740(2)(a)

Novota v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1991-11-12

Citation: 588 So. 2d 1053, 1991 Fla. App. LEXIS 11367, 1991 WL 231624

Snippet: Florida Administrative Code Rule 17-25 and section 403.161(1)(b), Florida Statutes, and orders corrective

Friends of Hatchineha, Inc. v. State, Der

Court: District Court of Appeal of Florida | Date Filed: 1991-05-14

Citation: 580 So. 2d 267, 1991 WL 75657

Snippet: affidavit charging Fischer with violating Section 403.161, Florida Statutes (1989).[1] Thereafter on December

Phibro Resources Corp. v. STATE, DER

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

Citation: 579 So. 2d 118

Snippet: groundwaters would constitute a violation of Section 403.161, Florida Statutes (1985), and it was specifically

Field v. Perry

Court: District Court of Appeal of Florida | Date Filed: 1990-05-31

Citation: 564 So. 2d 504, 1990 Fla. App. LEXIS 3918, 1990 WL 71770

Snippet: 031(3), Florida Statutes, (1979), and (3) section 403.161, Florida Statutes, which prohibits pollution harmful

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: places and times be free from toxic pollutants); § 403.161(1)(a), Fla. Stat., (prohibiting pollution harmful