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Florida Statute 403.141 | Lawyer Caselaw & Research
F.S. 403.141 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. 403.141
403.141 Civil liability; joint and several liability.
(1) A person who commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state to their former condition, and furthermore is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than $15,000 per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. If a violation is an unauthorized discharge of domestic wastewater, each day the cause of the violation is not addressed constitutes a separate offense until the violation is resolved by order or judgment. This section does not give the department the right to bring an action on behalf of any private person.
(2) Whenever two or more persons pollute the air or waters of the state in violation of this chapter or any rule, regulation, or order of the department so that the damage is indivisible, each violator shall be jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred in tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including the animal, plant, and aquatic life of the state, to their former condition. However, if said damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage attributable to his or her violation.
(3) In assessing damages for fish killed, the value of the fish is to be determined in accordance with a table of values for individual categories of fish which shall be promulgated by the department. At the time the table is adopted, the department shall use tables of values established by the Department of Environmental Protection and the Fish and Wildlife Conservation Commission. The total number of fish killed may be estimated by standard practices used in estimating fish population.
(4) The damage provisions of this section shall not apply to damage resulting from the application of federally approved or state-approved chemicals to the waters in the state for the control of insects, aquatic weeds, or algae, provided the application of such chemicals is done in accordance with a program approved pursuant to s. 403.088(1) and provided said application is not done negligently.
History.s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; s. 1, ch. 71-204; s. 3, ch. 72-286; s. 7, ch. 74-133; s. 1, ch. 76-112; s. 3, ch. 78-98; s. 370, ch. 94-356; s. 4, ch. 97-103; s. 24, ch. 2000-197; s. 18, ch. 2020-158.

F.S. 403.141 on Google Scholar

F.S. 403.141 on Casetext

Amendments to 403.141


Arrestable Offenses / Crimes under Fla. Stat. 403.141
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.141.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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. . . .

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). . . .

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)

. . . of section 403.161(l)(a) and (b), Florida Statutes (1985), and for investigative costs under section 403.141 . . .

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

. . . Stat. ch. 403.161 and 403.141 (1995). . . . Under chapter 403.141 and .161 of the Florida Statutes, failure to comply with any rule, regulation, . . .

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

. . . Stat. ch. 403.161 and 403.141 (1995). . . . Under chapter 403.141 and .161 of the Florida Statutes, failure to comply with any rule, regulation, . . .

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

. . . See also § 403.141, Fla. Stat. (1993). . . . sufficiently alleges conduct by Ryan which, if proven, would make him personally liable under sections 403.141 . . .

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. § 403.141. . . . Under the authority of Florida Statute § 403.141 this means that the FDEP could have asked for judicial . . . Florida Statute § 403.141 which gives the FDEP authority to ask for judicial imposition of penalty states . . .

SPADE ENGINEERING CO. F. Co. v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 670 So. 2d 1062 (Fla. Dist. Ct. App. 1996)

. . . Assuming that the fine was imposed pursuant to section 403.141(1), Florida Statutes (1995), which provides . . .

STATE v. DELGRASSO,, 653 So. 2d 459 (Fla. Dist. Ct. App. 1995)

. . . See §§ 403.121, 403.131 and 403.141, Fla.Stat. (1991). . . .

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

. . . and administrative remedies available to DER to ensure abatement of polluting conditions, and section 403.141 . . . This warning was apparently issued in compliance with Section 403.141(2), Florida Statutes (1985), providing . . .

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

. . . gasoline was not released into the environment during Sunshine’s ownership of the property; (2) that § 403.141 . . . Specifically, DER ruled (1) that the provisions of § 403.141(2) providing for divisibility of liability . . .

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)

. . . . § 403.141). . . .

PEPPER S STEEL ALLOYS, INC. v. UNITED STATES FIDELITY AND GUARANTY COMPANY, 668 F. Supp. 1541 (S.D. Fla. 1987)

. . . In accordance with Section 403.141, Florida Statutes, Pepper's Steel and the Owner Defendants are therefore . . .

STATE OF FLORIDA v. PAYNE, 16 Fla. Supp. 2d 20 (Fla. Cty. Ct. 1985)

. . . Florida, for instance pursuant to statute, F.S. 403.141 (3) (1984), maintains such a table of values . . .

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

. . . Statutes (1981), to bring the action for civil penalties or enforcement pursuant to sections 403.121 and 403.141 . . .

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

. . . dismissing his independently initiated complaint for damages and civil penalties filed pursuant to section 403.141 . . . SECTION 403.141(1) CIVIL ACTION FOR DAMAGES AND PENALTIES The Relevant Statutory Provisions Chapter 403 . . . Moreover, section 403.141(1) must be read in pari materia with the rest of Part I of Chapter 403 and, . . . in particular, with sections 403.121, 403.141, and 403.161. . . . Simply put, section 403.161 sets forth the violations; section 403.141 creates the civil liability in . . .

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

. . . for the entry and enforcement of a permanent injunction and fine pursuant to Sections 403.131(1) and 403.141 . . . Stat., and fines under section 403.141, Fla.Stat. . . .

ST. JOE PAPER COMPANY, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 371 So. 2d 178 (Fla. Dist. Ct. App. 1979)

. . . Joe could not have operated without suffering full penalty for noncompliance under § 403.141, Florida . . .

STATE DEPARTMENT OF POLLUTION CONTROL, v. INTERNATIONAL PAPER COMPANY, a, 329 So. 2d 5 (Fla. 1976)

. . . This is an appeal from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), . . . asserted conclusive evidentiary table of fish values promulgated by the Department pursuant to Section 403.141 . . . Stat. § 403.141(1), F.S.A. and either wait for voluntary payment under subsection (2), or . . . proceed . . . The partial summary judgment holding Section 403.141(3), Florida Statutes (1973), unconstitutional is . . . Section 403.141(3), Florida Statutes (1973) is as follows : “In assessing damages for fish killed, the . . .

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). . . . 403.161 is liable to the State for any damage caused and for civil penalties as provided in Section 403.141 . . .

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

. . . Johns River caused by oil spillage, which action was brought pursuant to Section 403.141, Florida Statutes . . . The central issue posed by this appeal is whether Section 403.141, Florida Statutes, 1971, F.S.A., authorizes . . . Section 403.141, Florida Statutes, F.S.A., provides in material part as follows: “(1) Whoever causes . . . It is clear then that the previous decisions did not deal with Section 403.141, Florida Statutes, F.S.A . . . Subsection (3) of Section 403.141, Florida Statutes, F.S.A., which provides that “nothing herein shall . . . of exhausting administrative remedies by commencing this judicial proceeding under Florida Statute 403.141 . . .

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

. . . . § 403.141(1) and either wait for voluntary payment under subsection (2), or to proceed forthwith to . . . may proceed in court; or whether the administrative and judicial procedures created by Fla.Stat. § 403.141 . . . . § 403.141(1), F.S.A. and either wait for voluntary payment under subsection (2), or to proceed forthwith . . .

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

. . . damages, costs and expenses of investigation and an assessment of civil penalties under subsections 403.141 . . . seeking a judicial determination of liability and damages from this court under the provisions of §403.141 . . .