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Florida Statute 403.161 | Lawyer Caselaw & Research
F.S. 403.161 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
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 from cite.case.law:

STATE v. COTTON,, 198 So. 3d 737 (Fla. Dist. Ct. App. 2016)

. . . (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. . . .

STATE v. JONES,, 180 So. 3d 1085 (Fla. Dist. Ct. App. 2015)

. . . (piloting without a license); §§ 373.430(4), 403.161(4), Fla. Stat. . . .

DILLARD ASSOCIATES CONSULTING ENGINEERS A. Jr. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 893 So. 2d 702 (Fla. Dist. Ct. App. 2005)

. . . the wastewater treatment facilities had not been received for various months, in violation of section 403.161 . . .

STATE v. GIORGETTI,, 868 So. 2d 512 (Fla. 2004)

. . . See id. at 562 (analyzing the constitutionality of section 403.161, Florida Statutes (1977)). . . . . § 403.161, Fla. Stat. (1977). . . . See § 403.161(l)(c), (3)-(4), Fla. Stat. (1977). . . .

LEE COUNTY, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a, 805 So. 2d 893 (Fla. Dist. Ct. App. 2001)

. . . .” § 403.161(l)(a), Fla. Stat. (1999). . . .

TV INC. v. STATE OFFICE OF THE ATTORNEY GENERAL,, 794 So. 2d 744 (Fla. Dist. Ct. App. 2001)

. . . See, e.g., section 403.141(1), Florida Statutes (1997) (“Whoever commits a violation specified in s. 403.161 . . .

FLO- SUN, INC. v. R. KIRK, v. R., 783 So. 2d 1029 (Fla. 2001)

. . . establish a violation under chapter 403, the State was required to offer proof of harm or injury, see § 403.161 . . . analysis and construction and further noted the far different elements of proof involved with section 403.161 . . .

R. KIRK, A. B. v. UNITED STATES SUGAR CORPORATION A QO, 726 So. 2d 822 (Fla. Dist. Ct. App. 1999)

. . . See, e.g., § 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161, Fla. Stat. (1995). . . .

AVATAR DEVELOPMENT CORPORATION 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 . . . The district court reversed and upheld the constitutionality of section 403.161. . . . Id. § 403.161(5). . . . See § 403.161(l)(b). . . . The trial court certified the following question: "Are Florida Statutes § 403.161 (l)(b) or § 403.161 . . .

STATE v. AVATAR DEVELOPMENT CORP., 697 So. 2d 561 (Fla. Dist. Ct. App. 1997)

. . . (l)(b) or § 403.161(5) unconsitutional as charged in the information? . . . Stat. § 403.161 (1995). . . . Sections 403.161(l)(b) and 403.161(5) do not unconstitutionally delegate legislative authority to an . . . Sections 403.161(1)(b) and 403.161(5), Florida Statutes, unambiguously provide that to violate or fail . . . Accordingly, we hold that Sections 403.161(1)(b) and 403.161(5) do not unconstitutionally delegate legislative . . .

A. F. BELLEAU, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, JURA SERVICES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 695 So. 2d 1305 (Fla. Dist. Ct. App. 1997)

. . . , Inc., and Crown Management Services, Inc., jointly and severally liable for violations of section 403.161 . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 116 F.3d 16 (1st Cir. 1997)

. . . Stat. ch. 403.161 and 403.141 (1995). . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 116 F.3d 16 (1st Cir. 1997)

. . . Stat. ch. 403.161 and 403.141 (1995). . . .

STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. HARBOR UTILITIES COMPANY, INC. J. L., 684 So. 2d 301 (Fla. Dist. Ct. App. 1996)

. . . Section 403.161, Florida Statutes (1993), enumerates proscribed conduct and practices which could expose . . . Prior to the 1989 amendment, section 403.161 contained a general prohibition without use of the phrase . . . See § 403.161. Fla. Stat. (Supp.1988). . . . Section 403.161 was amended in response to inconsistent interpretations by Florida courts, most of which . . . Section 403.161 (l)(c) provides: (1) It shall be a violation of this chapter, and it shall be prohibited . . .

CUMBERLAND FARMS, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 209 B.R. 786 (D. Mass. 1996)

. . . Florida Statute §§ 403.161 and 403.141 provide for the judicial imposition of a civil penalty of up to . . . Under Florida Statute §§ 403.141 and 403.161, it is a violation for any person “to violate or fail to . . . Fl.Stat. § 403.161. Any person who does so is hable to the state. Fl.Stat. § 403.141. . . .

In MOTEL INVESTMENTS, INC., 172 B.R. 105 (Bankr. M.D. Fla. 1994)

. . . Florida statute § 403.161(l)(b) states “[i]t shall be a violation of this chapter, and it shall be prohibited . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, a v. SCM GLIDCO ORGANICS CORPORATION, a, 606 So. 2d 722 (Fla. Dist. Ct. App. 1992)

. . . . § 61.147, Florida Administrative Code Rule 17-2.670, Section 403.161(1), Florida Statutes, and JEPB . . .

STATE v. SCM GLIDCO ORGANICS CORPORATION, 592 So. 2d 710 (Fla. Dist. Ct. App. 1991)

. . . Subsections (3), (4), and (5) of Section 403.161 Florida Statutes (1989), create three classes of crimes . . . , any of the other classes of crimes listed under section 403.161, proof must be presented of harm or . . . There is also an element of proof imposed upon the state by section 403.161(4) that the person charged . . . This is because a violation of section 403.161 may but need not constitute a public nuisance, defined . . . In contrast, the language of section 403.161(l)(a), proscribing, inter alia, the harming or injuring . . . Failure to comply with the terms of this Consent Order shall constitute a violation of Section 403.161 . . .

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, v. KASZYK,, 590 So. 2d 1010 (Fla. Dist. Ct. App. 1991)

. . . . § 403.161, Fla.Stat.; Fla.Admin.Code Rule 17-600.740(2)(a). . . .

M. NOVOTA, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 588 So. 2d 1053 (Fla. Dist. Ct. App. 1991)

. . . adequately treat stormwater runoff, in violation of Florida Administrative Code Rule 17-25 and section 403.161 . . .

FRIENDS OF THE HATCHINEHA, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 580 So. 2d 267 (Fla. Dist. Ct. App. 1991)

. . . jurisdictional dredge and fill lands, and issued a complaint affidavit charging Fischer with violating Section 403.161 . . . Section 403.161(l)(b) provides that it is a violation of chapter 403 for any person to fail to obtain . . .

PHIBRO RESOURCES CORP. v. STATE, DEPARTMENT OF ENVIRONMENTAL REGULATION Co., 579 So. 2d 118 (Fla. Dist. Ct. App. 1991)

. . . of pollutants exceeding permissible levels in groundwa-ters would constitute a violation of Section 403.161 . . . Additionally, section 403.161(2) imposes liability against a violator for any damage caused and for civil . . .

FIELD v. L. PERRY W., 564 So. 2d 504 (Fla. Dist. Ct. App. 1990)

. . . of “waters of the state” as defined in section 403.031(3), Florida Statutes, (1979), and (3) section 403.161 . . . authority over wetlands jurisdiction that DER asserted in 1986 after the Perrys' purchase was under section 403.161 . . . jurisdictional line relating both to DER’s old pollution based regulatory authority (sections 403.087 and 403.161 . . . to animal, plant or aquatic life or property so as to involve DER regulatory authority under section 403.161 . . . this case DER asserted authority as to wetlands described pursuant to section 403.817, under section 403.161 . . .

SUNSHINE JR. STORES, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 556 So. 2d 1177 (Fla. Dist. Ct. App. 1990)

. . . 3.402(1) (requiring that all groundwaters at all places and times be free from toxic pollutants); § 403.161 . . . Fla.Stat., (prohibiting pollution harmful to human, animal, aquatic or plant life, or property); and § 403.161 . . .

STATE v. MONTCO RESEARCH PRODUCTS, INC., 529 So. 2d 826 (Fla. Dist. Ct. App. 1988)

. . . Hamilton dealt with the constitutionality of section 403.161(l)(a), Florida Statutes (1977). . . . None of these statutes require allegation or proof of actual harm, as does section 403.161(l)(a). . . . 403.727(3)(b), Fla.Stat. (1983). . § 387.08, Fla.Stat. (1983). . § 386.041, Fla.Stat. (1983). . §§ 403.161 . . .

JUPITER WRECK, INC. v. UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL, a STATE OF FLORIDA v. JUPITER WRECK, INC., 691 F. Supp. 1377 (S.D. Fla. 1988)

. . . . § 403.161(l)(b) (failure to obtain required permit creates civil liability under F.S.A. § 403.141). . . .

DICKERSON, INC. v. C. HOLLOWAY,, 685 F. Supp. 1555 (M.D. Fla. 1987)

. . . The use of waste oil would represent a violation of permit conditions pursuant to Chapter 403.161 Florida . . .

REEDY CREEK IMPROVEMENT DISTRICT, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, 486 So. 2d 642 (Fla. Dist. Ct. App. 1986)

. . . discharging effluent into the surface waters of Shingle Creek/Lake Tohopeliga Basin in violation of Section 403.161 . . .

M. HARTLEY, v. OCEAN REEF CLUB, INC., 476 So. 2d 1327 (Fla. Dist. Ct. App. 1985)

. . . See § 403.161, Fla.Stat. (1983). . . .

STATE v. GENERAL DEVELOPMENT CORPORATION,, 469 So. 2d 1381 (Fla. 1985)

. . . section 403.412, Florida Statutes (1981), or a proceeding to establish criminal liability under section 403.161 . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . a Delaware corporation, d/b/a in Florida, is subject to the provisions of chapter 403, specifically 403.161 . . . Section 403.161(1), Florida Statutes (1981), enunciates what shall constitute violations of Chapter 403 . . . Subsection (2) of section 403.161 states that “[w]hoever commits a violation specified in subsection . . . Simply put, section 403.161 sets forth the violations; section 403.141 creates the civil liability in . . . See § 403.161(l)(b); Rules 17-3.011(5); 17-3.-091(13); 17-3.121(14); 17-3.161(3). . . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. FALLS CHASE SPECIAL TAXING DISTRICT,, 424 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . shall constitute a violation of the terms and conditions of the stipulation and Sections 403.087(1) and 403.161 . . . shall constitute a violation of the terms and conditions of the Stipulation and Sections 403.087(1) and 403.161 . . .

STATE v. S. HAMILTON,, 388 So. 2d 561 (Fla. 1980)

. . . This is an appeal from an order of the Alachua County Court which held section 403.161(l)(a), Florida . . . Chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property. § 403.161 . . . pollution “so as to harm or injure human health or welfare, animal, plant or aquatic life or property.” § 403.161 . . . The violation must be done “willfully or negligently” to give rise to a criminal penalty. § 403.161(3 . . . Section 403.161(3), Florida Statutes (1977), purports to impose criminal liability upon acts or omissions . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. OYSTER BAY ESTATES, INC. a I., 384 So. 2d 891 (Fla. Dist. Ct. App. 1980)

. . . quality standards was established by subsection (1) of Chapter 67 — 436, Laws of Florida (1967) (Section 403.161 . . .

GARDINIER, INC. v. FLORIDA DEPARTMENT OF POLLUTION CONTROL,, 300 So. 2d 75 (Fla. Dist. Ct. App. 1974)

. . . Pertinent here are Sections 403.061(16), 403.121, 403.141, 403.161 and 403.161(2). . . . Florida Statute 403.161, F.S.A. provides penalties for violation or failure to comply with an order of . . . It is further provided that whoever commits a violation specified in subsection (1) of F.S. 403.161 is . . . Penalties are provided for under Fla.Stat. § 403.161(2) and (3), F.S.A. and imposition of penalties is . . .

STATE v. ST. REGIS PAPER COMPANY, a, 275 So. 2d 21 (Fla. Dist. Ct. App. 1973)

. . . .-131, and 403.161. . . . held that the Department could not elect to move directly against a violator in court under Section 403.161 . . . In our earlier decision, we dealt with Section 403.161, and failed to find in that section a specific . . . However, the specific grant to institute judicial action found lacking under Section 403.161 by the earlier . . . The first complaint was instigated pursuant to Florida Statute 403.161, F.S.A. and without appellant . . . reported at 257 So.2d 253 (Fla.1971), holding that appellant could not, pursuant to Florida Statute 403.161 . . .

BAY CREST UTILITY CO. v. HILLSBOROUGH COUNTY COMMISSION, 38 Fla. Supp. 61 (Hillsborough Cty. Cir. Ct. 1973)

. . . Hillsborough County Pollution Control Act, Ch. 67-1504, Laws of Florida, Special Act of 1967, as amended, and §403.161 . . . authors concluded that the legislature strengthened the enforcement powers of the State especially in §403.161 . . .

STATE By FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION, v. ST. REGIS PAPER COMPANY, a, 257 So. 2d 253 (Fla. 1971)

. . . . § 403.161, F.S.A. for the assessment of civil penalties for violation of the Florida Air and Water . . . Fla.Stat. § 403.121, F.S.A. or it could move directly against a violator in court under Fla.Stat. § 403.161 . . . Fla.Stat. § 403.161(1) provides that it is unlawful to contaminate the waters of this State in violation . . . Penalties are provided for under Fla.Stat. § 403.161(2) and (3), F.S.A. and imposition of penalties is . . .

FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION v. B W CANNING COMPANY,, 35 Fla. Supp. 65 (Lake Cty. Cir. Ct. 1970)

. . . investigation and an assessment of civil penalties under subsections 403.141(1) and (3) and subsections 403.161 . . . may or may not, as the evidence may indicate, require assessment of civil penalties provided under §403.161 . . .

ST. REGIS PAPER COMPANY, a v. STATE By FLORIDA AIR AND WATER POLLUTION CONTROL COMMISSION,, 237 So. 2d 797 (Fla. Dist. Ct. App. 1970)

. . . condition precedent to the institution of an action for civil penalties under the provisions of Section 403.161 . . . authors concluded that the legislature strengthened the enforcement powers of the State especially in § 403.161 . . . J., and SPECTOR, J., concur. . “403.161 Prohibition, violation, 'penalty, intent.— “(1) It shall be unlawful . . . A 1970 amendment to § 403.161 increased the civil penalty to a maximum of $5,000.00 per day. . . . .