Fla. Stat. 377.37
Penalties


(1)(a)

Any person who violates this law or any rule, regulation, or order of the division made under this chapter or who violates the terms of any permit to drill for or produce oil, gas, or other petroleum products referred to in s. 377.242(1) or to store gas in a natural gas storage facility, or any lessee, permitholder, or operator of equipment or facilities used in the exploration for, drilling for, or production of oil, gas, or other petroleum products, or storage of gas in a natural gas storage facility, who refuses inspection by the division as provided in this chapter, 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. Furthermore, such person, lessee, permitholder, or operator is subject to the judicial imposition of a civil penalty in an amount of not more than $15,000 for each offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. This section does not give the department the right to bring an action on behalf of any private person.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 in such a manner that the damage is indivisible, each violator is jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred 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 the animal, plant, and aquatic life, of the state to their former condition. However, if the 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.The payment of any damages or penalties as provided for herein shall not have the effect of changing illegal product into legal product, illegal oil into legal oil, or illegal gas into legal gas; nor shall such payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product.The payment of any such damages or penalties shall not impair or abridge any cause of action which any person may have against the person violating any provision of this law or any rule, regulation, or order for an injury resulting to him or her from such violation.

(1)(a)

Any person who violates this law or any rule, regulation, or order of the division made under this chapter or who violates the terms of any permit to drill for or produce oil, gas, or other petroleum products referred to in s. 377.242(1) or to store gas in a natural gas storage facility, or any lessee, permitholder, or operator of equipment or facilities used in the exploration for, drilling for, or production of oil, gas, or other petroleum products, or storage of gas in a natural gas storage facility, who refuses inspection by the division as provided in this chapter, 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. Furthermore, such person, lessee, permitholder, or operator is subject to the judicial imposition of a civil penalty in an amount of not more than $15,000 for each offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. This section does not give the department the right to bring an action on behalf of any private person.

(b)

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 in such a manner that the damage is indivisible, each violator is jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred 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 the animal, plant, and aquatic life, of the state to their former condition. However, if the 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.

(c)

The payment of any damages or penalties as provided for herein shall not have the effect of changing illegal product into legal product, illegal oil into legal oil, or illegal gas into legal gas; nor shall such payment have the effect of authorizing the sale, purchase, acquisition, transportation, refining, processing, or handling in any other way of such illegal oil, illegal gas, or illegal product.

(d)

The payment of any such damages or penalties shall not impair or abridge any cause of action which any person may have against the person violating any provision of this law or any rule, regulation, or order for an injury resulting to him or her from such violation.

(2)

Any person knowingly and willfully aiding or abetting any other person in the violation of any statute of this state relating to the conservation of oil or gas or the violation of any provision of this law, or any rule, regulation, or order made hereunder shall be subject to the same damages as are prescribed herein for the violation by such other person.

Source: Section 377.37 — Penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0377.­37 (accessed Aug. 7, 2025).

377.01
Governor to enter into interstate compact to conserve oil and gas
377.03
Extension of compact
377.04
Official report of state
377.06
Public policy of state concerning natural resources of oil and gas
377.07
Division of Resource Management
377.10
Certain persons not to be employed by division
377.18
Common sources of oil and gas
377.19
Definitions
377.20
Waste prohibited
377.21
Jurisdiction of division
377.22
Rules and orders
377.23
Monthly reports to division
377.24
Notice of intention to drill well
377.25
Production pools
377.26
Location of wells
377.27
Drilling units
377.28
Cycling, pooling, and unitization of oil and gas
377.29
Agreements in interest of conservation
377.30
Limitation on amount of oil or gas taken
377.31
Evidence of rules and orders
377.32
Issuance of subpoenas
377.33
Injunctions against division
377.34
Actions and injunctions by division
377.35
Suits, proceedings, appeals, etc
377.36
False entries and statements
377.37
Penalties
377.38
Illegal oil, gas, and other products
377.39
Seizure and sale of illegal oil, gas, or product
377.40
Negligently permitting gas and oil to go wild or out of control
377.41
Disposition of fines
377.42
Big Cypress Swamp Advisory Committee
377.075
Division of Technical Services
377.241
Criteria for issuance of permits
377.242
Permits for drilling or exploring and extracting through well holes or by other means
377.243
Conditions for granting permits for extraction through well holes
377.244
Conditions for granting permits for surface exploratory and extraction operations
377.245
Provision for distribution of earnings to lessees or owners of the fractional undivided mineral rights not owned by applicant for permit under ss
377.247
Designation and distribution of earnings owed to owners of mineral rights who are unknown or unlocated
377.371
Pollution prohibited
377.2407
Natural gas storage facility permit application to inject gas into and recover gas from a natural gas storage reservoir
377.2408
Application to conduct geophysical operations
377.2409
Geophysical activities
377.2411
Lawful right to drill, develop, or explore
377.2421
Division to review federal applications
377.2424
Conditions for granting permits for geophysical operations
377.2425
Manner of providing security for geophysical exploration, drilling, and production
377.2426
Abandonment of geophysical holes
377.2431
Conditions for granting permits for natural gas storage facilities
377.2432
Natural gas storage facilities
377.2433
Protection of natural gas storage facilities
377.2434
Property rights to injected natural gas
377.2435
Rule adoption relating to natural gas storage

Current through Fall 2025

§ 377.37. Penalties's source at flsenate​.gov