Florida Statutes
Fla. Stat. § 403.191 (2025)
Construction in relation to other law.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 7
cases, 1974–2015 · leading case: Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001).
Flo-Sun, Inc. v. Kirk, 783 So. 2d 1029 (Fla. 2001). “Additionally, relying primarily on the "cumulative remedies" clause in section 403.191, Florida Statutes (1995), the Fourth District disagreed with the trial court and held that that chapter 403 had not impliedly superseded chapter 823.”
Aramark Unif. & Apparel v. Easton, 894 So. 2d 20 (Fla. 2004). “Finally, we find it probative that the statute contains an attorney's fees provision allowing a plaintiff to recover reasonable attorney's and expert witness fees.”
Jax Utils. Mgmt., Inc. v. Hancock Bank, A Foreign Corp., 164 So. 3d 1266 (Fla. 1st DCA 2015). “”); § 403.191(1), Fla. Stat. (2011) (“Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law.”
State Ex Rel. Shevin v. Tampa Elec. Co., 291 So. 2d 45 (Fla. 2d DCA 1974). “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…”
Kirk v. US Sugar Corp., 726 So. 2d 822 (Fla. 4th DCA 1999). “The district court's reference is to language contained in section 403.191(1), Florida Statutes, as follows: 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…”
State ex rel. State Attorney for the Twelfth Jud. Circuit v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “§ 403.191; State ex rel. Shevin at 48, n.”
State by & Thro. State Atty. v. Gen. Dev. Corp., 448 So. 2d 1074 (Fla. 2d DCA 1984). “§ 403.191; State ex rel. Shevin at 48, n.”
— 403.191(1) — 3 cases
Jax Utils. Mgmt., Inc. v. Hancock Bank, A Foreign Corp., 164 So. 3d 1266 (Fla. 1st DCA 2015). “”); § 403.191(1), Fla. Stat. (2011) (“Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law.”
State Ex Rel. Shevin v. Tampa Elec. Co., 291 So. 2d 45 (Fla. 2d DCA 1974). “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…”
Kirk v. US Sugar Corp., 726 So. 2d 822 (Fla. 4th DCA 1999). “The district court's reference is to language contained in section 403.191(1), Florida Statutes, as follows: 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…”
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