Florida Statute 403.141 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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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.

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Amendments to 403.141

Annotations, Discussions, Cases:

Cases Citing Statute 403.141

Total Results: 16

Pepper's Steel & Alloys, Inc. v. United States Fidelity & Guaranty Co.

668 F. Supp. 1541, 1987 U.S. Dist. LEXIS 7989

District Court, S.D. Florida | Filed: Aug 12, 1987 | Docket: 952499

Cited 41 times | Published

plant life, and property. In accordance with Section 403.141, Florida Statutes, Pepper's Steel and the Owner

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

caused and for civil penalties as provided in Section 403.141. The latter statute clearly provides that 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

required permit creates civil liability under F.S.A. § 403.141). Also, [i]t is ... declared to be the public

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

damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative

3B TV, INC. v. State, Office of Atty. Gen.

794 So. 2d 744, 2001 WL 1110559

District Court of Appeal of Florida | Filed: Sep 24, 2001 | Docket: 1473403

Cited 5 times | Published

it has expressly so provided. See, e.g., section 403.141(1), Florida Statutes (1997) ("Whoever commits

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

ensure abatement of polluting conditions, and section 403.141(2), providing that liability under chapter

St. Joe Paper Co. v. STATE, DEPT. OF E. REG.

371 So. 2d 178, 13 ERC 1793

District Court of Appeal of Florida | Filed: May 15, 1979 | Docket: 2041872

Cited 5 times | Published

suffering full penalty for noncompliance under § 403.141, Florida Statutes, in an amount up to $10,000

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

Sunshine's ownership of the property; (2) that § 403.141(2) (providing that if damage attributable to two

ST. v. Falls Chase Spec. Taxing Dist.

424 So. 2d 787

District Court of Appeal of Florida | Filed: Jan 21, 1983 | Docket: 1297053

Cited 3 times | Published

section 403.131, Fla. Stat., and fines under section 403.141, Fla. Stat. After Falls Chase took its case

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

(1985), and for investigative costs under section 403.141(1), Florida Statutes (1985). She further found

STATE, DEPT. OF POL. CONT. v. International Paper Co.

329 So. 2d 5

Supreme Court of Florida | Filed: Feb 26, 1976 | Docket: 1251346

Cited 2 times | Published

appeal from a circuit court decision holding Section 403.141(3), Florida Statutes (1973), unconstitutional

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

to personal liability under the Act. See also § 403.141, Fla. Stat. (1993). These provisions expressly

Spade Engineering Co. v. State Department of Environmental Protection

670 So. 2d 1062, 1996 Fla. App. LEXIS 2463, 1996 WL 112181

District Court of Appeal of Florida | Filed: Mar 15, 1996 | Docket: 64763473

Published

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

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

damages and civil penalties filed pursuant to section 403.141(1), Florida Statutes (1981), and alternative

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

spillage, which action was brought pursuant to Section 403.141, Florida Statutes, F.S.A. The central issue

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

free to assess damages and costs under Fla.Stat. § 403.141(1) and either wait for voluntary payment under