§ 381.0012, Fla. Stat. · Chapter 381. PUBLIC HEALTH: GENERAL PROVISIONS
Enforcement authority.
Text — 2026 Florida Statutes
(1) The department may commence and maintain all proper and necessary actions and proceedings to enforce the rules adopted pursuant to this chapter and may defend all actions and proceedings involving the department’s powers and duties.
(2) The department may apply for an injunction to the proper circuit court, and the judge of that court upon hearing and for cause shown may grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter. A permanent injunction may be issued without bond. However, a temporary injunction may not be issued without bond except after a hearing of which the respondent has been given not less than 7 days’ prior notice. A temporary injunction may not be issued without bond which limits or prevents operations of an industrial, manufacturing, or processing plant, unless at the hearing, it is shown by clear, certain, and convincing evidence that irreparable injury will result to the public from the failure to issue the temporary injunction. If a temporary injunction or restraining order is improperly or erroneously granted, the state is liable in damages and to the extent provided for in chapter 768.
(3) The department may commence and maintain all proper and necessary actions and proceedings to compel the performance of any act specifically required of any person, officer, or board by any law of this state relating to public health.
(4) The department may appear before any trial court judge empowered to issue warrants in criminal cases and request the issuance of a warrant. The trial court judge shall issue a warrant directed to any sheriff, deputy, or police officer to assist in any way to carry out the purpose and intent of this chapter.
(5) It shall be the duty of every state and county attorney, sheriff, police officer, and other appropriate city and county officials upon request to assist the department or any of its agents in enforcing the state health laws, rules, and orders adopted under this chapter.
Notes and commentary — not statutory text
History
s. 4, ch. 91-297; s. 9, ch. 2004-11; s. 1, ch. 2015-120.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0381/0381.html
- Text hash
- sha256 001bb88dcf55ecfaba0f2dc22e91c29e41c35c8803246bf014b21e01c05a5c51
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
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Cited by 7 provisions
Provisions in this library whose text cites § 381.0012, Fla. Stat.. Each shows the citation as that text prints it.
The Florida Statutes
- § 381.00315, Fla. Stat.Public health advisories; public health emergencies; isolation and quarantines.Printed as s. 381.0012
- § 381.0062, Fla. Stat.Supervision; private and certain public water systems.Printed as s. 381.0012(2)
- § 381.0086, Fla. Stat.Rules; variances; penalties.Printed as ss. 381.0012 and 381.0061
- § 381.0098, Fla. Stat.Biomedical waste.Printed as ss. 381.0012 and 381.0061
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.