§ 58-28. Civil penalty; assessment of damages; joint and several liability.

(a)

The board may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any pollution, or any degradation, alteration, or elimination, of or to the air, water, soil, natural resources, or animal or plant life of the county, caused by any violation of the ordinances, rules, or regulations adopted by the board and to impose and recover a civil penalty for each such violation in an amount of not more than $10,000.00 for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.

(b)

A person who causes pollution or degradation, alteration, or elimination of or to the air, water, soil, natural resources, or animal or plant life of the county is liable to the county for such damages and the reasonable costs and expenses that the county incurs in investigating the source of the pollution or damage, in restoring the air, water, or animal or plant communities to their former condition, and in enforcing this article, whether by consent order, civil action, or otherwise.

(c)

Whenever two or more persons cause pollution or damage to the air, water, soil, natural resources, or animal or plant life of the county in violation of any ordinance, rule, or regulation adopted by the board so that the damage is indivisible, each violator is jointly and severally liable for such damage and for the reasonable costs and expenses incurred in investigating the source of discharge or damage, in controlling and abating the source and the pollutant, and in restoring the air, water, or property, including the animal, plant, and aquatic life, to its former condition; however, if the damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for the damage attributable to his violation.

(Laws of Fla. ch. 90-403, § 4; Laws of Fla. ch. 2005-294, § 4)