Fla. Stat. 373.430
Prohibitions, violation, penalty, intent


(1)

It shall be a violation of this part, and it shall be prohibited for any person:To cause pollution, as defined in s. 403.031, except as otherwise provided in this part, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property.To fail to obtain any permit required by this part or by rule or regulation adopted pursuant thereto, or to violate or fail to comply with any rule, regulation, order, or permit adopted or issued by a water management district, the department, or local government pursuant to their lawful authority under this part.To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this part, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this part or by any permit, rule, regulation, or order issued under this part.

(a)

To cause pollution, as defined in s. 403.031, except as otherwise provided in this part, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property.

(b)

To fail to obtain any permit required by this part or by rule or regulation adopted pursuant thereto, or to violate or fail to comply with any rule, regulation, order, or permit adopted or issued by a water management district, the department, or local government pursuant to their lawful authority under this part.

(c)

To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this part, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be maintained under this part or by any permit, rule, regulation, or order issued under this part.

(2)

A person who commits a violation specified in subsection (1) is liable for any damage caused and for civil penalties as provided in s. 373.129.

(3)

A person who willfully commits a violation specified in paragraph (1)(a) commits a felony of the third degree, punishable as provided in ss. 775.082(3)(e) and 775.083(1)(g), by a fine of not more than $50,000 or by imprisonment for 5 years, or by both, for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.

(4)

A person who commits a violation specified in paragraph (1)(a) or paragraph (1)(b) due to reckless indifference or gross careless disregard commits a misdemeanor of the second degree, punishable as provided in ss. 775.082(4)(b) and 775.083(1)(g), by a fine of not more than $10,000 or 60 days in jail, or by both, for each offense.

(5)

A person who willfully commits a violation specified in paragraph (1)(b) or who commits a violation specified in paragraph (1)(c) commits a misdemeanor of the first degree, punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g), by a fine of not more than $10,000 or by 6 months in jail, or by both, for each offense.

(6)

It is the intent of the Legislature that the civil penalties imposed by the court be of such amount as to ensure immediate and continued compliance with this section.

(7)

All moneys recovered under the provisions of this section shall be allocated to the use of the water management district, the department, or the local government, whichever undertook and maintained the enforcement action. All monetary penalties and damages recovered by the department or the state under the provisions of this section shall be deposited into the Water Quality Assurance Trust Fund. All monetary penalties and damages recovered pursuant to this section by a water management district shall be retained and used exclusively within the territory of the water management district which collected the money. All monetary penalties and damages recovered pursuant to this subsection by a local government to which authority has been delegated pursuant to s. 373.103(8) shall be used to enhance surface water improvement or pollution control activities.

Source: Section 373.430 — Prohibitions, violation, penalty, intent, https://www.­flsenate.­gov/Laws/Statutes/2024/0373.­430 (accessed Aug. 7, 2025).

373.403
Definitions
373.406
Exemptions
373.407
Determination of qualification for an agricultural-related exemption
373.409
Headgates, valves, and measuring devices
373.413
Permits for construction or alteration
373.414
Additional criteria for activities in surface waters and wetlands
373.415
Protection zones
373.416
Permits for maintenance or operation
373.417
Citation of rule
373.418
Rulemaking
373.419
Completion report
373.421
Delineation methods
373.422
Applications for activities on state sovereignty lands or other state lands
373.423
Inspection
373.426
Abandonment
373.427
Concurrent permit review
373.428
Federal consistency
373.429
Revocation and modification of permits
373.430
Prohibitions, violation, penalty, intent
373.433
Abatement
373.436
Remedial measures
373.439
Emergency measures
373.441
Role of counties, municipalities, and local pollution control programs in permit processing
373.443
Immunity from liability
373.451
Short title
373.453
Surface water improvement and management plans and programs
373.459
Funds for surface water improvement and management
373.461
Lake Apopka improvement and management
373.462
Legislative findings and intent
373.463
Heartland headwaters annual report
373.468
The Harris Chain of Lakes restoration program
373.469
Indian River Lagoon Protection Program
373.4131
Statewide environmental resource permitting rules
373.4132
Dry storage facility permitting
373.4133
Port conceptual permits
373.4134
Water quality enhancement areas
373.4135
Mitigation banks and offsite regional mitigation
373.4136
Establishment and operation of mitigation banks
373.4137
Mitigation requirements for specified transportation projects
373.4138
High Speed Rail Project
373.4139
Local government transportation infrastructure mitigation requirements
373.4141
Permits
373.4142
Water quality within stormwater treatment systems
373.4143
Declaration of policy
373.4144
Federal environmental permitting
373.4145
Part IV permitting program within the geographical jurisdiction of the Northwest Florida Water Management District
373.4146
State assumption of the federal Clean Water Act, section 404 dredge and fill permitting program
373.4149
Miami-Dade County Lake Belt Plan
373.4185
List of flocculants permitted
373.4211
Ratification of chapter 17-340, Florida Administrative Code, on the delineation of the landward extent of wetlands and surface waters
373.4271
Conduct of challenge to consolidated environmental resource permit or associated variance or sovereign submerged lands authorization issued in connection with deepwater ports
373.4275
Review of consolidated orders
373.4415
Role of Miami-Dade County in processing permits for limerock mining in Miami-Dade County Lake Belt
373.4591
Improvements on private agricultural lands
373.4592
Everglades improvement and management
373.4593
Florida Bay Restoration
373.4595
Northern Everglades and Estuaries Protection Program
373.4596
State compliance with stormwater management programs
373.4597
The Geneva Freshwater Lens Protection Act
373.4598
Water storage reservoirs
373.4599
Water storage north of Lake Okeechobee
373.41365
Adoption and modification of rules to ensure financial assurances for long-term management of mitigation under ss
373.41492
Miami-Dade County Lake Belt Mitigation Plan
373.41495
Lake Belt Mitigation Trust Fund
373.45922
South Florida Water Management District
373.45924
South Florida Water Management District
373.45926
Everglades Trust Fund
373.45931
Alligator Alley tolls

Current through Fall 2025

§ 373.430. Prohibitions, violation, penalty, intent's source at flsenate​.gov