Florida/Georgia Personal Injury & Workers Compensation

...2001) (per curiam) (ruling that a party waives an argument if the party "fail[s] to elaborate or provide any citation of authority in support" of the argument), cert. denied, 536 U.S. 904 (2002). 29 Fla. Stat. § 403.021(11)....

...Sierra Club's argument fails to account for the fact that "frequency of exceedance" was only one factor considered by the EPA in its review. 30 Sierra Club has presented no evidence suggesting that the approach is arbitrary, capricious, or in conflict with the CWA. Section 403.021(11) of the Florida Statutes mandates that statistical and natural variability be taken into account in applying water quality standards....

...iability occurring in nature and shall recognize the statistical variability in herent [sic] in sampling and testing procedures." Fla. Admin. Code Ann. r. 62-302.530. Rule 62-302.530 of the Florida Administrative Code thus appears consistent with section 403.021(11) of the Florida Statutes, but to the extent the regulation could be read to conflict with the statute, the statute controls....

...As noted above, a Florida statute that authorized the creation of Florida's water quality standards directs that the standards be applied in a manner that "take[s] into account the variability occurring 33 in nature." Fla. Stat. § 403.021(11); see also Fla....

...legislature ordered that the FDEP "shall not consider deviations from water quality standards to be violations when the discharger can demonstrate that the deviations would occur in the absence of any human-induced discharges or alterations to the water body." Fla. Stat. § 403.021(11)....

...The Florida State Legislature instructed the FDEP to adopt a methodology to identify impaired waters, taking into account “the variability occurring in nature” and recognizing “the statistical variability inherent in sampling and testing procedures that are used to express water quality standards.” Fla. Stat. § 403.021(11). Two sentences found in Florida’s Surface Water Quality Standards are relevant to this case....

...agricultural, industrial, recreational, and other beneficial uses and to provide that no wastes be discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water. *185 § 403.021(1), (2), Fla....

...the public health, safety, welfare, and economic well-being; to ensure and provide for recreational and wildlife needs as the population increases and the economy expands; and to ensure a continuing growth of the economy and industrial development. § 403.021(6), Fla....

...Neither section 403.817 nor the DER rules compel the district court's restrictive definition of the landward extent of state waters for DER regulatory jurisdiction. The legislature enacted chapter 403 to protect the air and waters of Florida from pollution and degradation. § 403.021, Fla....

...s the State through DER to regulate underground injection including the issuance of permits. The Act declares that it is Florida's policy that existing and potential drinking water resources shall remain free from harmful quantities of contaminants. § 403.021(10), Fla....

...As a result of DER's alleged negligence, the child drowned. DER's motion to dismiss asserting sovereign immunity under Commercial Carrier v. Indian River County, 371 So.2d 1010 (Fla. 1979), was granted. The general legislative and public policy detailed in section 403.021, Florida Statutes (1979); the general powers and duties conferred on DER in section 403.061; and the specific powers and duties as to sewer plants in section 403.085, et seq., seem clearly to speak to an exercise of the police power of the state....

...eas clearly within the definition of pollution). We therefore examine the statute for clarity in light of the constitutional requirements. *563 Our examination must be tempered by the awareness that we deal with environmental protection legislation. § 403.021, Fla....

..."A statute enacted for the public benefit should be construed liberally in favor of the public even though it contains a penal provision." City of Miami Beach v. Berns, 245 So.2d 38, 40 (Fla. 1971). There is no doubt that the Pollution Control Act was intended to operate in the public interest. § 403.021, Fla....

...We agree with this analysis and its application here. CHAPTER 403 Chapter 403, Florida Statutes (1997), entitled the "Florida Air and Water Pollution Control Act," is a comprehensive statutory scheme geared toward the control and prevention of pollution of the air and waters in Florida. Section 403.021 expressly articulates the legislative policy: (1) The pollution of the air and waters of this state constitutes a menace to public health and welfare; creates public nuisances; is harmful to wildlife and fish and other aquatic life; a...

...In accordance with the public policy established herein, the Legislature further declares that the citizens of this state should be afforded reasonable protection from the dangers inherent in the release of toxic or otherwise hazardous vapors, gases, or highly volatile liquids into the environment. § 403.021(1)-(3), Fla....

...llution both to the air and groundwater. Pollution, including the disposal of wastewater residuals, is an activity requiring strong police regulation to protect public interests. Department of Envtl. Reg. v. Goldring, 477 So.2d 532, 534 (Fla. 1985); § 403.021(5), Fla....

...trol, reduce, and prevent pollution of the "Sunshine State's" air and water; to *1078 provide for recreational, wildlife, and marine life needs; and to ensure continuing economic and industrial growth in accordance with a sound environmental policy. § 403.021(1)-(9), Fla....

...He further states that this interpretation is consistent with the dictates of article II, section 7, [14] particularly where DER has allegedly failed to enforce, as required, this constitutional policy and its parallel legislative policy as announced in section 403.021....

quality of Florida waters. See Fla. Stat. § 403.021(2). In furtherance of this goal, Florida empowered

...ority as to be commensurate with illegality. The reason has to do with the variability of nature. The pollution control portion of Florida's environmental control law is prefaced by a legislative declaration of intent and public policy, set forth in section 403.021, Florida Statutes (1999). In subsection 403.021(11), the legislature recorded its intent that water quality standards be established and applied "to take into account the variability occurring in nature." The subsection directs the Department of Environmental Protection to "recogni...

...In reaching the conclusion that Sartori's lawsuit involves a question of property classification, not property valuation, we are influenced by the legislature's stated intent to afford favorable tax status to owners of pollution control equipment. In this regard, section 403.021, Florida Statutes (1995), contains our legislature's declaration of public policy against pollution of Florida's air and water. Subsection (7)(a) provides: 403.021 Legislative declaration; public policy.— * * * * * * (7) The Legislature further finds and declares that: (a) Compliance with this law will require capital outlays of hundreds of millions of dollars for the installation of machinery, equipme...

...beyond an equal share of the entire cost of cleanup. See Kavanaugh, Liability for Hazardous Waste Pollution under Florida Law: Contribution Rights under F.S. Ch. 403, Fla.Bar.J., Feb. 1988, at 27. [7] Similar legislative statements are expressed in Section 403.021, Florida Statutes (1985), relating to environmental control....

...raining and has drained in recent decades, inviting growth below its ordinary high water line of vegetation not tolerant of water. Given the legislature's comprehensive declaration against the menace of pollution in Florida's lakes and other waters, section 403.021, and its equally comprehensive delegation of responsibility to the Department, section 403.061, the Department certainly has "jurisdiction," in any ordinary sense of the word, to decide the issue; and chapter 120 dictates how the agency shall decide, subject to judicial review by appeal....

...at 884, causes us to conclude that it was error to declare Section 823.01, Florida Statutes, unconstitutional. However, we find that the dismissal of the charges of violations of Section 823.01, Florida Statutes, was correct because of the clear legislative intent manifested in Section 403.021, Florida Statutes, that Chapter 403, Florida Statutes, should cover the entire subject of air pollution and that earlier, nonspecific legislation should be inapplicable thereto, Berkley v....

...With these rules of statutory construction in mind, I agree that if one's examination were restricted solely to the declaration of legislative intent in chapter 403, it would be possible to conclude that the legislature intended chapter 403 to regulate all areas of air pollution within the state of Florida. For example, Section 403.021(1), Florida Statutes (1989), provides: The pollution of the air and waters of this state constitutes a menace to public health and welfare; creates public nuisances; is harmful to wildlife and fish and other aquatic life; and impairs...

...Florida's litter law, section 403.413 of the Florida Statutes (2000), is contained in the Environmental Control section of the Florida Statutes Chapter 403, Part I, Pollution Control. The Legislature explained its intent regarding pollution control as follows: 403.021 Legislative declaration; Public policy.— * * * (6) The Legislature finds and declares that control, regulation, and abatement of the activities which are causing or may cause pollution of the air or water resources in the state and which are...

...the public health, safety, welfare, and economic well-being; to ensure and provide for recreational and wildlife needs as the population increases and the economy expands; and to ensure a continuing growth of the economy and industrial development. § 403.021(6), Fla....

...B.H., 645 So.2d at 993 (emphasis added, original emphasis omitted). Here, a review of Chapter 93-213 Laws of Florida demonstrates that the Department of Environmental Protection is subject to express legislative control and guidance in the exercise of its authority. Section 403.021, Florida Statutes, declares that it is the public policy of the State of Florida to protect and conserve the air and waters of the state *566 through control, regulation and abatement of activities which cause pollution....

...at 212 (citations omitted). Sections 403.161(1)(b) and 403.161(5), Florida Statutes, unambiguously provide that to violate or fail to comply with a permit is a violation of the statute and constitutes a first degree misdemeanor. The terms and conditions presented in Section 403.021, which authorizes the Department of Environmental Protection to establish the permit system and enact rules and regulations to further the statute's purposes, are consistent with the legislature's intent to enforce these provisions under Section 403.161....

...120.54, Florida Statutes, and not justified on the record; and 4) that DER abused its discretion in requiring a bond. By cross-appeal ECOSWF contends that DER erred 1) in refusing to consider impacts on fish and wildlife habitats under provisions of section 403.021(6), Florida Statutes, 3 prior to enactment of section 403.918, Florida Statutes; 4 and 2) in accepting hearing officer findings as to the closest designated outstanding Florida water....

“a menace to public health and welfare.” See § 403.021(a). The need to mitigate the effects of stormwater

...l is not to be exceeded at any time. To do so constitutes pollution. Fla. Admin. Code r. 62-302.500(2)(e). Plaintiffs emphasize that the phrase "at any time" means that even one exceedance should result in EPA's refusal to delist those combinations. Section 403.021(11) of the Florida Statutes states: It is the intent of the Legislature that water quality standards be reasonably established and applied to take into account the variability occurring in nature....

...n or support for their position, in opposition to other parties, the § 120.57 petitions were properly denied. Cf., McDonald v. Department of Banking and Finance, 346 So.2d 569 (Fla. 1st DCA 1977). . See also Fla.R.Admin.P. 17-4.03. . See generally, § 403.021; Fla.R.Admin.P....

...reduce, and prevent pollution of the “Sunshine State’s” air and water; to *1078 provide for recreational, wildlife, and marine life needs; and to ensure continuing economic and industrial growth in accordance with a sound environmental policy. § 403.021(l)-(9), Fla.Stat....

...He further states that this interpretation is consistent with the dictates of article II, section 7, 14 particularly where DER has allegedly failed to enforce, as required, this constitutional policy and its parallel legislative policy as announced in section 403.021....

...United States v. Reaves, 923 F.Supp. 1530 (M.D.Fla.1996). Were this not the case, then the Legislature’s stated intention to abate pollution that threatens human, animal, aquatic, and plant life as well as property interests would be wholly frustrated. § 403.021(5) — (6), Fla.Stat....

...pport trial court’s findings and district court erred in reversing trial court on this point). B. Stormwater Management System: Pollution Control and Flood Control Although the primary purpose of Chapter 403 is pollution control, see section 403.021, Florida Statutes (2001), “stormwater management system” is also defined to include an additional component that is relevant here: flood control. Specifically, Section 403.031(16), Florida Statutes (2001), defines “[s]tormwate...

...§ 403.061(2) (authorizing the DEP to "[h]ire only such employees as may be necessary to effectuate the responsibilities of the department"). Section 403.061 contains an extensive list of the DEP's powers and duties, all dealing with its regulatory role in protecting Florida's natural environment. See also § 403.021 (titled "[l]egislative declaration; public policy")....

...Leavitt, 488 F.3d 904, 920-21 (11th Cir.2007) (“The phrase ‘restore and maintain’ [in 33 U.S.C. § 1251 (a) ] indicates that Congress sought to return waterbodies to their natural conditions, not modify waterbodies’ natural conditions.”); see also Fla. Stat. § 403.021 (11) (directing FDEP to “recognize that some deviations from water quality standards occur as the result of natural background conditions” and thus directing FDEP not to “consider deviations from water quality standards to be violati...

...amendment as “waters that are free of pollution.” We acknowledge, as referenced by Speak Up, that the charter amendment’s definition of pollution includes language from section 403.031(11), Florida Statutes (2022), which defines pollution, and section 403.021(6), Florida Statutes (2022), which describes the Legislature’s public policy regarding pollution, but none of these provisions provide for the right to have water bodies that are “free” of pollution....

...The statutes and regulations that DER sought to enforce to prevent further discharge of improperly treated sewage into Boca Chica Bay were clearly designed to protect the public health and safety and to preserve the pristine waters of the Florida Keys. § 403.021, Fla.Stat....

...Because these activities violated state statutes and agency regulations, DER had a clear legal right to the injunction. Moreover, issuing the injunction is in the public interest, as the statutes and regulations that DER seeks to enforce are designed to protect the public health and welfare. § 403.021, Fla.Stat....