Florida Statutes
Fla. Stat. § 403.161 (2025)
Prohibitions, violation, penalty, intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 403.161
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§403.161(1a)CONSERVATION-ENVIRONMENTRECKLESS CARELESS POLLUTE CAUSE HARM
§403.161(1a)CONSERVATION-ENVIRONMENTPOLLUTE TO HARM HUMANS ANIMALS PLANT ETC
§403.161(1b)CONSERVATION-ENVIRONMENTRECK/CARELESS FAIL OBT DEP PERMIT COMPLY W LAW
§403.161(1b)CONSERVATION-ENVIRONMENTFAIL TO OBTAIN DEP PERMIT COMPLY W LAW
§403.161(1c)CONSERVATION-ENVIRONMENTRENUMBERED. SEE REC # 9307
§403.161(1c)FRAUD-FALSE STATEMENTFALSE STATEMENT DEP DOCUMENT TAMPER W DEVICE
Notes of Decisions
Cited in 32
cases, 1970–2005 · leading case: Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998).
Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998). “We have for review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful violation of any administrative rule, regulation or permit condition promulgated for the purpose of preventing and controlling pollution.”
State v. Hamilton, 388 So. 2d 561 (Fla. 1980). “§ 403.161(1)(a), Fla. Stat. (1977). Pollution is defined as: [T]he presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or…”
State v. Giorgetti, 868 So. 2d 512 (Fla. 2004). “§ 403.161, Fla. Stat. (1977). Notably, the punishments that involved jail sentences also required some proof regarding the defendant's state-of-mindi.”
Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001). “Judge Ervin noted that to establish a violation under chapter 403, the State was required to offer proof of harm or injury, see § 403.161, Fla. Stat. (1995); whereas under section 823.”
State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). “Regis under Fla.Stat. § 403.161, F.S.A. for the assessment of civil penalties for violation of the Florida Air and Water Pollution Control Act, Chapter 403, Florida Statutes.”
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes for specified violations of the pollution laws.”
St. Regis Paper Co. v. State, 237 So. 2d 797 (Fla. 1st DCA 1970). “: Does the 1967 Florida Air and Water Pollution Control Act require the Commission established therein to exercise its primary jurisdiction, give notice of an alleged violation or fulfill any administrative duties as a condition precedent to the institution of an action for…”
Friends of Hatchineha, Inc. v. State, Der, 580 So. 2d 267 (Fla. 1st DCA 1991). “Subsequently Sergeant Allen, an officer of the Florida Game and Fresh Water Fish Commission, observed the driveway, which he determined was built within DER's jurisdictional dredge and fill lands, and issued a complaint affidavit charging Fischer with violating Section 403.161,…”
GARDINIER INC. v. Florida Dept. of Pollution Control, 300 So. 2d 75 (Fla. 1st DCA 1974). “Penalties are provided for under Fla. Stat. § 403.161 (2) and (3), F.S.A. and imposition of penalties is made a judicial matter under Subsection (4).”
Hartley v. Ocean Reef Club, Inc., 476 So. 2d 1327 (Fla. 3d DCA 1985). “The plaintiff brought the present action seeking compensatory and punitive damages from Ocean Reef for "wrongful discharge.”
Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991). “Phibro was served with a warning which informed it that the existence of pollutants exceeding permissible levels in groundwaters would constitute a violation of Section 403.161, Florida Statutes (1985), and it was specifically notified that a former owner, which it was, could be…”
State v. Avatar Dev. Corp., 697 So. 2d 561 (Fla. 4th DCA 1997). “Fla. Stat. § 403.161 (1995). On January 18, 1994, the Florida Department of Environmental Protection issued a permit authorizing Avatar to conduct dredge and fill operations in class III waters, for the purpose of stabilizing the banks of certain existing man-made canals…”
— 403.161(1) — 4 cases
State, Dept. of Envir. v. Scm Glidco Org., 606 So. 2d 722 (Fla. 1st DCA 1992).
State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).
State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). “Regis under Fla.Stat. § 403.161, F.S.A. for the assessment of civil penalties for violation of the Florida Air and Water Pollution Control Act, Chapter 403, Florida Statutes.”
State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).
— 403.161(1)(a) — 5 cases
State v. Hamilton, 388 So. 2d 561 (Fla. 1980). “§ 403.161(1)(a), Fla. Stat. (1977). Pollution is defined as: [T]he presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or…”
Lee Cnty. v. S. Florida Water Mgmt. Dist., 805 So. 2d 893 (Fla. 2d DCA 2001).
Belleau v. Dept. of Environ. Prot., 695 So. 2d 1305 (Fla. 1st DCA 1997).
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes for specified violations of the pollution laws.”
Sunshine Jr. Stores, Inc. v. STATE, DER, 556 So. 2d 1177 (Fla. 1st DCA 1990).
— 403.161(1)(b) — 8 cases
Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998). “We have for review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful violation of any administrative rule, regulation or permit condition promulgated for the purpose of preventing and controlling pollution.”
Dillard & Assoc. v. Florida Dep., 893 So. 2d 702 (Fla. 1st DCA 2005).
Friends of Hatchineha, Inc. v. State, Der, 580 So. 2d 267 (Fla. 1st DCA 1991). “Subsequently Sergeant Allen, an officer of the Florida Game and Fresh Water Fish Commission, observed the driveway, which he determined was built within DER's jurisdictional dredge and fill lands, and issued a complaint affidavit charging Fischer with violating Section 403.161,…”
State v. Avatar Dev. Corp., 697 So. 2d 561 (Fla. 4th DCA 1997). “Fla. Stat. § 403.161 (1995). On January 18, 1994, the Florida Department of Environmental Protection issued a permit authorizing Avatar to conduct dredge and fill operations in class III waters, for the purpose of stabilizing the banks of certain existing man-made canals…”
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes for specified violations of the pollution laws.”
— 403.161(1)(c) — 1 case
State v. Giorgetti, 868 So. 2d 512 (Fla. 2004). “§ 403.161, Fla. Stat. (1977). Notably, the punishments that involved jail sentences also required some proof regarding the defendant's state-of-mindi.”
— 403.161(2) — 2 cases
State ex rel. Florida Air & Water Pollution Control Comm'n v. St. Regis Paper Co., 257 So. 2d 253 (Fla. 1971). “Regis under Fla.Stat. § 403.161, F.S.A. for the assessment of civil penalties for violation of the Florida Air and Water Pollution Control Act, Chapter 403, Florida Statutes.”
Phibro Resources Corp. v. STATE, DER, 579 So. 2d 118 (Fla. 1st DCA 1991). “Phibro was served with a warning which informed it that the existence of pollutants exceeding permissible levels in groundwaters would constitute a violation of Section 403.161, Florida Statutes (1985), and it was specifically notified that a former owner, which it was, could be…”
— 403.161(3) — 2 cases
State v. Hamilton, 388 So. 2d 561 (Fla. 1980). “§ 403.161(1)(a), Fla. Stat. (1977). Pollution is defined as: [T]he presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or…”
State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).
— 403.161(4) — 1 case
State v. SCM Glidco Organics Corp., 592 So. 2d 710 (Fla. 1st DCA 1991). “Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes for specified violations of the pollution laws.”
— 403.161(5) — 2 cases
Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998). “We have for review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful violation of any administrative rule, regulation or permit condition promulgated for the purpose of preventing and controlling pollution.”
State v. Avatar Dev. Corp., 697 So. 2d 561 (Fla. 4th DCA 1997). “Fla. Stat. § 403.161 (1995). On January 18, 1994, the Florida Department of Environmental Protection issued a permit authorizing Avatar to conduct dredge and fill operations in class III waters, for the purpose of stabilizing the banks of certain existing man-made canals…”
— 403.161(l)(a) — 1 case
State v. Montco Rsch. Prods., Inc., 529 So. 2d 826 (Fla. 5th DCA 1988).
— 403.161(l)(b) — 3 cases
Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel, 691 F. Supp. 1377 (S.D. Fla. 1988).
In Re Motel Investments, Inc., 172 B.R. 105 (Bankr. M.D. Fla. 1994).
State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984).
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