Florida Statute 403.091 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.091

403.091 Inspections.—

(1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of compliance with the law or rules and regulations of the department, any property, premises, or place, except a building which is used exclusively for a private residence, on or at which:

1. A hazardous waste generator, transporter, or facility or other air or water contaminant source;

2. A discharger, including any nondomestic discharger which introduces any pollutant into a publicly owned treatment works;

3. Any facility, as defined in s. 376.301; or

4. A resource recovery and management facility

is located or is being constructed or installed or where records which are required under this chapter, ss. 376.30-376.317, or department rule are kept.

(b) Any duly authorized representative may at reasonable times have access to and copy any records required under this chapter or ss. 376.30-376.317; inspect any monitoring equipment or method; sample for any pollutants as defined in s. 376.301, effluents, or wastes which the owner or operator of such source may be discharging or which may otherwise be located on or underlying the owner’s or operator’s property; and obtain any other information necessary to determine compliance with permit conditions or other requirements of this chapter, ss. 376.30-376.317, or department rules.

(c) No person shall refuse reasonable entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if requested, setting forth all facts found which relate to compliance status.

(2) An inspection pursuant to subsection (1) may be conducted only after:

(a) Consent for the inspection is received from the owner, operator, or person in charge; or

(b) The appropriate inspection warrant as provided in this section is obtained.

(3)(a) An inspection warrant as authorized by this chapter may be issued by a judge of any county court or circuit court of this state which has jurisdiction of the place or thing to be searched.

(b) Upon proper affidavit being made, an inspection warrant may be issued under the provisions of this chapter or ss. 376.30-376.317:

1. When it appears that the properties to be inspected may be connected with or contain evidence of the violation of any of the provisions of this chapter or ss. 376.30-376.317 or any rule properly promulgated thereunder; or

2. When the inspection sought is an integral part of a larger scheme of systematic routine inspections which are necessary to, and consistent with, the continuing efforts of the department to ensure compliance with the provisions of this chapter or ss. 376.30-376.317 and any rules adopted thereunder.

(c) The judge shall, before issuing the warrant, have the application for the warrant duly sworn to and subscribed by a representative of the department; and may receive further testimony from witnesses, supporting affidavits, or depositions in writing to support the application. The affidavit and further proof, if had or required, shall set forth the facts tending to establish the grounds specified in paragraph (b) or the reasons for believing that such grounds exist.

(d) Upon examination of the application and proofs submitted and if satisfied that cause exists for the issuing of the inspection warrant, the judge shall thereupon issue a warrant, signed by him or her with the name of his or her office, to any department representative, which warrant will authorize the representative forthwith to inspect the property described in the warrant.

History.—s. 10, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 80-302; s. 6, ch. 82-27; s. 26, ch. 84-338; s. 25, ch. 86-159; s. 9, ch. 89-188; s. 69, ch. 91-221; s. 3, ch. 97-103; s. 81, ch. 2007-5.

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Amendments to 403.091

Arrestable Offenses / Crimes under Fla. Stat. 403.091

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.091.

Annotations, Discussions, Cases:

Cases Citing Statute 403.091

Total Results: 16

St. Johns River Water Management District v. Molica

Court: District Court of Appeal of Florida | Date Filed: 2011-08-19

Citation: 83 So. 3d 765, 2011 Fla. App. LEXIS 13029, 2011 WL 3627412

Snippet: rules adopted pursuant to the authority of ss. 403.91-403.929 shall be deemed authorized under this part

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-03-18

Snippet: within a boat slip previously permitted under ss. 403.91—403.929, 1984 Supplement to the Florida Statutes

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-04-08

Snippet: Rules adopted pursuant to the authority of ss. 403.91-403.929, 1984 Supplement to the Florida Statutes

Save Anna Maria, Inc. v. Dept. of Transp.

Court: District Court of Appeal of Florida | Date Filed: 1997-10-08

Citation: 700 So. 2d 113, 1997 WL 614823

Snippet: pertinent part: (1) A permit may not be issued under 403.91-403.929 unless the applicant provides the department

State v. Avatar Development Corp.

Court: District Court of Appeal of Florida | Date Filed: 1997-07-16

Citation: 697 So. 2d 561, 1997 WL 394482

Snippet: adopt rules to carry out the provisions of sections 403.91-403.929 which governed dredge and fill activities

Florida Power Corp. v. State, Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1994-05-13

Citation: 638 So. 2d 545, 1994 Fla. App. LEXIS 4586, 1994 WL 182043

Snippet: supplied): (2) A permit may not be issued under ss. 403.91-403.929 unless the applicant provides the department

Eastpointe Condo. v. Palm Beach Isles

Court: District Court of Appeal of Florida | Date Filed: 1993-04-14

Citation: 636 So. 2d 721

Snippet: chapter 403, Florida Statutes, specifically sections 403.91-403.938 known as the Warren S. Henderson Wetlands

Metro. Dade County v. Coscan Florida

Court: District Court of Appeal of Florida | Date Filed: 1992-10-13

Citation: 609 So. 2d 644, 1992 WL 279834

Snippet: part: (2) A permit may not be issued under ss. 403.91-403.929 unless the applicant provides the department

Florida Power Corp. v. STATE, DEPT. OF ENV. REG.

Court: District Court of Appeal of Florida | Date Filed: 1992-09-08

Citation: 605 So. 2d 149

Snippet: part: (2) A permit may not be issued under ss. 403.91-403.929 unless the applicant provides the department

Vatalaro v. DEPT. OF ENVIR. REG.

Court: District Court of Appeal of Florida | Date Filed: 1992-05-29

Citation: 601 So. 2d 1223

Snippet: Henderson Wetlands Protection Act of 1984, sections 403.91-.929, Florida Statutes, was enacted to provide

Staton v. McMillan

Court: District Court of Appeal of Florida | Date Filed: 1992-04-29

Citation: 597 So. 2d 940, 1992 WL 84170

Snippet: County Courts, Duval County, Appellee. Nos. 91-403, 91-404 and 91-702. District Court of Appeal of Florida

Friends of Hatchineha, Inc. v. State, Der

Court: District Court of Appeal of Florida | Date Filed: 1991-05-14

Citation: 580 So. 2d 267, 1991 WL 75657

Snippet: Henderson Wetlands Protection Act of 1984," Sections 403.91 through .929, Florida Statutes (1989), to adopt

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-03-15

Snippet: F.S. 6 Section 403.0881, F.S. 7 See also, s. 403.091, F.S., which details the inspection process for

Field v. Perry

Court: District Court of Appeal of Florida | Date Filed: 1990-05-31

Citation: 564 So. 2d 504, 1990 Fla. App. LEXIS 3918, 1990 WL 71770

Snippet: Henderson Wetlands Protection Act of 1984” (§§ '403.91-403.929, Fla.Stat.). On October 2, 1984, Haas sold

1800 Atlantic Developers v. Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1989-11-09

Citation: 552 So. 2d 946, 14 Fla. L. Weekly 2604, 1989 Fla. App. LEXIS 6322, 1989 WL 135520

Snippet: Laws of Florida, which is codified at sections 403.91-403.929, Florida Statutes (1984 Supp.). Both the

Sullivan v. NW FLA. WATER MANAGEMENT

Court: District Court of Appeal of Florida | Date Filed: 1986-06-10

Citation: 490 So. 2d 140, 11 Fla. L. Weekly 1301

Snippet: Florida Statutes. The appellants replied that section 403.91, et seq., Florida Statutes, had replaced section