Florida Statute 403.161 - Full Text and Legal Analysis

The 2025 Florida Statutes

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.

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Amendments to 403.161

Annotations, Discussions, Cases:

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

Cases Citing Statute 403.161

Total Results: 31

State v. Giorgetti

868 So. 2d 512, 2004 WL 396212

Supreme Court of Florida | Filed: Mar 4, 2004 | Docket: 451932

Cited 37 times | Published

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

GARDINIER INC. v. Florida Dept. of Pollution Control

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

District Court of Appeal of Florida | Filed: Jun 11, 1974 | Docket: 1729172

Cited 35 times | Published

the violation are specifically required. Florida Statute 403.161, F.S.A. provides penalties for violation

St. Regis Paper Company v. State

237 So. 2d 797, 1 ERC 1515

District Court of Appeal of Florida | Filed: Jul 14, 1970 | Docket: 1726583

Cited 30 times | Published

for civil penalties under the provisions of Section 403.161, Florida Statutes, 1967, F.S.A.? The undisputed

Flo-Sun, Inc. v. Kirk

783 So. 2d 1029, 2001 WL 298917

Supreme Court of Florida | Filed: Mar 29, 2001 | Docket: 1259675

Cited 21 times | Published

required to offer proof of harm or injury, see § 403.161, Fla. Stat. (1995); whereas under section 823

Hartley v. Ocean Reef Club, Inc.

476 So. 2d 1327, 10 Fla. L. Weekly 2276, 1985 Fla. App. LEXIS 16120

District Court of Appeal of Florida | Filed: Oct 1, 1985 | Docket: 1681495

Cited 16 times | Published

participate in Ocean Reef's criminal activity. See § 403.161, Fla. Stat. (1983). On Ocean Reef's motion, the

State v. Hamilton

388 So. 2d 561, 11 Envtl. L. Rep. (Envtl. Law Inst.) 20

Supreme Court of Florida | Filed: Sep 18, 1980 | Docket: 419562

Cited 15 times | Published

order of the Alachua County Court which held section 403.161(1)(a), Florida Statutes (1977) unconstitutional

Avatar Development Corp. v. State

723 So. 2d 199, 1998 WL 732936

Supreme Court of Florida | Filed: Oct 22, 1998 | Docket: 469528

Cited 12 times | Published

review a challenge to the constitutionality of section 403.161, Florida Statutes (1993) which penalizes the

Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel

691 F. Supp. 1377, 1988 A.M.C. 2705, 1988 U.S. Dist. LEXIS 7271, 1988 WL 73386

District Court, S.D. Florida | Filed: Jul 15, 1988 | Docket: 1331292

Cited 12 times | Published

has been vested in Board of Trustees); F.S.A. § 403.161(1)(b) (failure to obtain required permit creates

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

606 So. 2d 722, 1992 WL 282091

District Court of Appeal of Florida | Filed: Oct 16, 1992 | Docket: 132040

Cited 10 times | Published

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

Friends of Hatchineha, Inc. v. State, Der

580 So. 2d 267, 1991 WL 75657

District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416

Cited 8 times | Published

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

Reedy Creek Imp. v. State Dept. of Envir.

486 So. 2d 642

District Court of Appeal of Florida | Filed: Apr 4, 1986 | Docket: 1713972

Cited 8 times | Published

Creek/Lake Tohopeliga Basin in violation of Section 403.161, Florida Statutes, a prior consent order and

STATE, ETC. v. Oyster Bay Estates

384 So. 2d 891

District Court of Appeal of Florida | Filed: May 19, 1980 | Docket: 216264

Cited 8 times | Published

of Chapter 67-436, Laws of Florida (1967) (Section 403.161, Florida Statutes (1967)), and water quality

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

448 So. 2d 1074

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049

Cited 6 times | Published

in prohibited air and water pollution under section 403.161(1)[5]; and (4) GDC's similar activities since

In Re Motel Investments, Inc.

172 B.R. 105, 8 Fla. L. Weekly Fed. B 185, 1994 Bankr. LEXIS 1522

United States Bankruptcy Court, M.D. Florida | Filed: Jun 13, 1994 | Docket: 1842378

Cited 5 times | Published

comply with the consent order. Florida statute § 403.161(1)(b) states "[i]t shall be a violation of this

Phibro Resources Corp. v. STATE, DER

579 So. 2d 118

District Court of Appeal of Florida | Filed: May 8, 1991 | Docket: 1432476

Cited 5 times | Published

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

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

805 So. 2d 893, 2001 WL 1200910

District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 523517

Cited 4 times | Published

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

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

556 So. 2d 1177, 1990 WL 7630

District Court of Appeal of Florida | Filed: Feb 2, 1990 | Docket: 542838

Cited 4 times | Published

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

State v. SCM Glidco Organics Corp.

592 So. 2d 710, 1991 WL 272775

District Court of Appeal of Florida | Filed: Dec 23, 1991 | Docket: 1428625

Cited 3 times | Published

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

State v. General Development Corp.

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

Supreme Court of Florida | Filed: May 23, 1985 | Docket: 2588591

Cited 3 times | Published

proceeding to establish criminal liability under section 403.161.

Dillard & Assoc. v. Florida Dep.

893 So. 2d 702, 2005 WL 405485

District Court of Appeal of Florida | Filed: Feb 22, 2005 | Docket: 1720831

Cited 2 times | Published

received for various months, in violation of section 403.161(1)(b), Florida Statutes, and sections 62-601

State v. Avatar Development Corp.

697 So. 2d 561, 1997 WL 394482

District Court of Appeal of Florida | Filed: Jul 16, 1997 | Docket: 1777608

Cited 2 times | Published

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

Belleau v. DEPT. OF ENVIRON. PROTECTION

695 So. 2d 1305, 1997 WL 352895

District Court of Appeal of Florida | Filed: Jun 27, 1997 | Docket: 1522048

Cited 2 times | Published

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

State, Department of Environmental Protection v. Harbor Utilities Co.

684 So. 2d 301, 1996 Fla. App. LEXIS 12887, 1996 WL 720864

District Court of Appeal of Florida | Filed: Dec 13, 1996 | Docket: 64769566

Published

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

State Department of Environmental Regulation v. Kaszyk

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

District Court of Appeal of Florida | Filed: Dec 10, 1991 | Docket: 64663942

Published

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

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

District Court of Appeal of Florida | Filed: Nov 12, 1991 | Docket: 64662903

Published

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

Field v. Perry

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

District Court of Appeal of Florida | Filed: May 31, 1990 | Docket: 64651842

Published

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

State v. Montco Research Products, Inc.

529 So. 2d 826, 13 Fla. L. Weekly 1950, 1988 Fla. App. LEXIS 3712, 1988 WL 84339

District Court of Appeal of Florida | Filed: Aug 18, 1988 | Docket: 64636410

Published

Hamilton dealt with the constitutionality of section 403.161(l)(a), Florida Statutes (1977).5 The State

State ex rel. State Attorney for the Twelfth Judicial Circuit v. General Development Corp.

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

District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295

Published

in prohibited air and water pollution under section 403.161(1)5; and (4) GDC’s similar activities since

Ago

Florida Attorney General Reports | Filed: Nov 19, 1975 | Docket: 3256422

Published

established for a particular body of water. Section 403.161, as amended by Ch. 74-133, Laws of Florida

State v. St. Regis Paper Co.

275 So. 2d 21, 1973 Fla. App. LEXIS 6997

District Court of Appeal of Florida | Filed: Mar 6, 1973 | Docket: 64531109

Published

first complaint was instigated pursuant to Florida Statute 403.161, F.S.A. and without appellant resorting

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

257 So. 2d 253, 3 ERC 1908, 3 ERC (BNA) 1908, 1971 Fla. LEXIS 3089

Supreme Court of Florida | Filed: Jun 23, 1971 | Docket: 64524159

Published

a complaint against St. Regis under Fla.Stat. § 403.161, F.S.A. for the assessment of civil penalties