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: Fla. Dist. Ct. App. | Date Filed: 2016-02-26T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2015-12-02T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-02-21T23:53:00-08:00

Citation: 893 So. 2d 702

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

State v. Giorgetti

Court: Fla. | Date Filed: 2004-03-03T23:53:00-08:00

Citation: 868 So. 2d 512

Snippet: 562 (analyzing the constitutionality of section 403.161, Florida Statutes (1977)). The penalties for violation… to civil penalties or short jail sentences. § 403.161, Fla. Stat. (1977). Notably, the punishments that…negligently" committed the violation. See § 403.161(1)(c), (3)-(4), Fla. Stat. (1977). It suffices

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

Court: Fla. Dist. Ct. App. | Date Filed: 2001-10-12T00:53:00-07:00

Citation: 805 So. 2d 893

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

Citation: 794 So. 2d 744

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

Flo-Sun, Inc. v. Kirk

Court: Fla. | Date Filed: 2001-03-28T23:53:00-08:00

Citation: 783 So. 2d 1029

Snippet: required to offer proof of harm or injury, see § 403.161, Fla. Stat. (1995); whereas under section 823.01…different elements of proof involved with section 403.161 than those applicable under section 823.01. See

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: 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: Fla. | Date Filed: 1998-10-22T00:53:00-07:00

Citation: 723 So. 2d 199

Snippet: Avatar with violating section 403.161(1)(b). Pursuant to section 403.161(5), both of these alleged violations…constitutionality of section 403.161. LAW AND ANALYSIS At issue in this case is section 403.161, which declares unlawful…question: "Are Florida Statutes § 403.161(1)(b) or § 403.161(5) unconstitutional as charged in the… challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the willful…Avatar") were charged with violating section 403.161(1)(b), Florida Statutes (1993) for failing to comply

State v. Avatar Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-16T00:53:00-07:00

Citation: 697 So. 2d 561

Snippet: county court: Are Florida Statutes § 403.161(1)(b) or § 403.161(5) unconsitutional as charged in the … 987, when it concluded that Sections 403.161(1)(b) and 403.161(5) were unconstitutional under Article…determination by an administrative body. Sections 403.161(1)(b) and 403.161(5) do not unconstitutionally delegate … at 212 (citations omitted). Sections 403.161(1)(b) and 403.161(5), Florida Statutes, unambiguously provide…process. Accordingly, we hold that Sections 403.161(1)(b) and 403.161(5) do not unconstitutionally delegate

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: 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: 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: section 403.161 contained a general prohibition without use of the phrase “any person.” See § 403.161. Fla…private corporation. (Emphasis added). Section 403.161, Florida Statutes (1993), enumerates proscribed…of Florida (1989), which amended' section 403.161, was specifically enacted to provide a statutory…Fla. Stat. (Supp.1988). Section 403.161 was amended in response to inconsistent interpretations by Florida…him personally liable under sections 403.141 and 403.161, Florida Statutes (1993).2 We, therefore, reverse

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

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-16T00:53:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 1991-12-22T23:53:00-08:00

Citation: 592 So. 2d 710

Snippet: section 403.161(4), or, indeed, any of the other classes of crimes listed under section 403.161, proof … section 403.161. There is also an element of proof imposed upon the state by section 403.161(4) that … Order shall constitute a violation of Section 403.161(1)(b), Fla. Stat. Kraft pled estoppel as an affirmative…encompassing. Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of…operation. This is because a violation of section 403.161 may but need not constitute a public nuisance,

State Department of Environmental Regulation v. Kaszyk

Court: Fla. Dist. Ct. App. | Date Filed: 1991-12-10T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1991-11-12T00:00:00-08:00

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: Fla. Dist. Ct. App. | Date Filed: 1991-05-14T00:53:00-07:00

Citation: 580 So. 2d 267

Snippet: affidavit charging Fischer with violating Section 403.161, Florida Statutes (1989).[1] Thereafter on December…JOANOS and MINER, JJ., concur. NOTES [1] Section 403.161(1)(b) provides that it is a violation of chapter

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: groundwaters would constitute a violation of Section 403.161, Florida Statutes (1985), and it was specifically…contamination at the site. Additionally, section 403.161(2) imposes liability against a violator for any

Field v. Perry

Court: Fla. Dist. Ct. App. | Date Filed: 1990-05-31T00:00:00-07:00

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

Snippet: (3), Florida Statutes, (1979), and (3) section 403.161, Florida Statutes, which prohibits pollution harmful…after the Perrys' purchase was under section 403.161, Florida Statutes. Pursuant to the authority in…based regulatory authority (sections 403.087 and 403.161, Fla.Stat.), and also as to its new dredge and …involve DER regulatory authority under section 403.161, Florida Statutes. Obviously this case does not…described pursuant to section 403.817, under section 403.161 and not under section 403.913(1). . The federal

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: places and times be free from toxic pollutants); § 403.161(1)(a), Fla. Stat., (prohibiting pollution harmful…animal, aquatic or plant life, or property); and § 403.161(1)(b), Fla. Stat., (making it unlawful for any