Florida Statute 403.191 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

View Entire Chapter

F.S. 403.191

403.191 Construction in relation to other law.—

(1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and waters of the state. Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this act, or any act done by virtue thereof, be construed as estopping the state or any municipality, or person affected by air or water pollution, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

(2) No civil or criminal remedy for any wrongful action which is a violation of any rule or regulation of the department shall be excluded or impaired by the provisions of this chapter.

(3) This act shall limit and restrict the application of chapter 24952, 1947, Laws of Florida, to any person operating any industrial plant that has located in the State of Florida in reliance thereon and exercised rights and powers granted thereby on and before the effective date of this act; provided such person shall henceforth in the exercise of such rights and powers install and use treatment works or control measures generally equivalent to those installed and used by other similar industrial plants pursuant to the requirements of the department.

History.—s. 20, ch. 67-436; ss. 26, 35, ch. 69-106.

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Amendments to 403.191

Arrestable Offenses / Crimes under Fla. Stat. 403.191

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.191.

Annotations, Discussions, Cases:

Cases Citing Statute 403.191

Total Results: 7

Jax Utilities Management, Inc. v. Hancock Bank, A Foreign Corp.

Court: District Court of Appeal of Florida | Date Filed: 2015-06-10

Citation: 164 So. 3d 1266

Snippet: any other lien arising at common law....”); § 403.191(1), Fla. Stat. (2011) (“Nothing contained herein

ARAMARK UNIFORM AND APPAREL v. Easton

Court: Supreme Court of Florida | Date Filed: 2004-10-07

Citation: 894 So. 2d 20, 29 Fla. L. Weekly Supp. 551, 34 Envtl. L. Rep. (Envtl. Law Inst.) 20115, 2004 Fla. LEXIS 1743, 2004 WL 2251847

Snippet: interpreting a cumulative remedies clause in section 403.191, Florida Statutes (1995), to foreclose other remedies

Flo-Sun, Inc. v. Kirk

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

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

Snippet: on the "cumulative remedies" clause in section 403.191, Florida Statutes (1995), the Fourth District disagreed

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: reference is to language contained in section 403.191(1), Florida Statutes, as follows: Nothing contained

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

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

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

Snippet: cumulative to the remedies provided in that chapter. § 403.191; State ex rel. Shevin at 48, n. 8. Therefore, on

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

Court: District Court of Appeal of Florida | Date Filed: 1984-03-23

Citation: 448 So. 2d 1074

Snippet: cumulative to the remedies provided in that chapter. § 403.191; State ex rel. Shevin at 48, n. 8. Therefore, on

State Ex Rel. Shevin v. Tampa Electric Company

Court: District Court of Appeal of Florida | Date Filed: 1974-01-16

Citation: 291 So. 2d 45, 4 P.U.R.4th 393

Snippet: Pollution Control Act, Chapter 403, F.S. 1971, § 403.191(1) F.S.A. of which provides: "(1) It is the purpose