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Florida Statute 403.191 | Lawyer Caselaw & Research
F.S. 403.191 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 403.191

The 2023 Florida Statutes (including Special Session C)

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.

F.S. 403.191 on Google Scholar

F.S. 403.191 on Casetext

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 from cite.case.law:

JAX UTILITIES MANAGEMENT, INC. v. HANCOCK BANK, A LLC, A, 164 So. 3d 1266 (Fla. Dist. Ct. App. 2015)

. . . .”); § 403.191(1), Fla. . . .

ARAMARK UNIFORM AND CAREER APPAREL, INC. v. EASTON, Jr., 894 So. 2d 20 (Fla. 2004)

. . . 783 So.2d 1029, 1036 (Fla.2001) (concluding that interpreting a cumulative remedies clause in section 403.191 . . .

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

. . . Additionally, relying primarily on the “cumulative remedies” clause in section 403.191, Florida Statutes . . . It also includes the following provision: 403.191 Construction in relation to other law. (1) It is the . . . Specifically, the court relied on the “cumulative remedies” provision in section 403.191 in support of . . . First, the language of section 403.191, the cumulative remedies/savings clause, could not be more clear . . . It would be less than intellectually credible to conclude that section 403.191 does not mean what its . . .

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

. . . The district court’s reference is to language contained in section 403.191(1), Florida Statutes, as follows . . . Nevertheless, in the event we are reading more into section 403.191(1) than is there, we shall explain . . .

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

. . . . § 403.191; State ex rel. Shevin at 48, n. 8. . . .

STATE L. SHEVIN, v. TAMPA ELECTRIC COMPANY,, 291 So. 2d 45 (Fla. Dist. Ct. App. 1974)

. . . our legislature in enacting the Florida Air and Water Pollution Control Act, Chapter 403, F.S.1971, § 403.191 . . .