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The 2025 Florida Statutes
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F.S. 403.412403.412 Environmental Protection Act.—(1) This section shall be known and may be cited as the “Environmental Protection Act of 1971.” (2)(a) The Department of Legal Affairs, any political subdivision or municipality of the state, or a citizen of the state may maintain an action for injunctive relief against:1. Any governmental agency or authority charged by law with the duty of enforcing laws, rules, and regulations for the protection of the air, water, and other natural resources of the state to compel such governmental authority to enforce such laws, rules, and regulations; 2. Any person, natural or corporate, or governmental agency or authority to enjoin such persons, agencies, or authorities from violating any laws, rules, or regulations for the protection of the air, water, and other natural resources of the state. (b) In any suit under paragraph (a), the Department of Legal Affairs may intervene to represent the interests of the state. (c) As a condition precedent to the institution of an action pursuant to paragraph (a), the complaining party shall first file with the governmental agencies or authorities charged by law with the duty of regulating or prohibiting the act or conduct complained of a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. Upon receipt of a complaint, the governmental agency or authority shall forthwith transmit, by registered or certified mail, a copy of such complaint to those parties charged with violating the laws, rules, and regulations for the protection of the air, water, and other natural resources of the state. The agency receiving such complaint shall have 30 days after the receipt thereof within which to take appropriate action. If such action is not taken within the time prescribed, the complaining party may institute the judicial proceedings authorized in paragraph (a). However, failure to comply with this subsection shall not bar an action for a temporary restraining order to prevent immediate and irreparable harm from the conduct or activity complained of. (d) In any action instituted pursuant to paragraph (a), the court, in the interest of justice, may add as party defendant any governmental agency or authority charged with the duty of enforcing the applicable laws, rules, and regulations for the protection of the air, water, and other natural resources of the state. (e) No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates. (f) In any action instituted pursuant to this section, other than an action involving a state NPDES permit authorized under s. 403.0885, the prevailing party or parties shall be entitled to costs and attorney’s fees. Any award of attorney’s fees in an action involving such a state NPDES permit shall be discretionary with the court. If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiff’s ability to pay any cost or judgment which might be rendered against him or her in an action brought under this section, the court may order the plaintiff to post a good and sufficient surety bond or cash. (3) The court may grant injunctive relief and impose conditions on the defendant which are consistent with and in accordance with law and any rules or regulations adopted by any state or local governmental agency which is charged to protect the air, water, and other natural resources of the state from pollution, impairment, or destruction. (4) The doctrines of res judicata and collateral estoppel shall apply. The court shall make such orders as necessary to avoid multiplicity of actions. (5) In any administrative, licensing, or other proceedings authorized by law for the protection of the air, water, or other natural resources of the state from pollution, impairment, or destruction, the Department of Legal Affairs, a political subdivision or municipality of the state, or a citizen of the state shall have standing to intervene as a party on the filing of a verified pleading asserting that the activity, conduct, or product to be licensed or permitted has or will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. As used in this section and as it relates to citizens, the term “intervene” means to join an ongoing s. 120.569 or s. 120.57 proceeding; this section does not authorize a citizen to institute, initiate, petition for, or request a proceeding under s. 120.569 or s. 120.57. Nothing herein limits or prohibits a citizen whose substantial interests will be determined or affected by a proposed agency action from initiating a formal administrative proceeding under s. 120.569 or s. 120.57. A citizen’s substantial interests will be considered to be determined or affected if the party demonstrates it may suffer an injury in fact which is of sufficient immediacy and is of the type and nature intended to be protected by this chapter. No demonstration of special injury different in kind from the general public at large is required. A sufficient demonstration of a substantial interest may be made by a petitioner who establishes that the proposed activity, conduct, or product to be licensed or permitted affects the petitioner’s use or enjoyment of air, water, or natural resources protected by this chapter. (6) Any Florida corporation not for profit which has at least 25 current members residing within the county where the activity is proposed, and which was formed for the purpose of the protection of the environment, fish and wildlife resources, and protection of air and water quality, may initiate a hearing pursuant to s. 120.569 or s. 120.57, provided that the Florida corporation not for profit was formed at least 1 year prior to the date of the filing of the application for a permit, license, or authorization that is the subject of the notice of proposed agency action. (7) In a matter pertaining to a federally delegated or approved program, a citizen of the state may initiate an administrative proceeding under this subsection if the citizen meets the standing requirements for judicial review of a case or controversy pursuant to Article III of the United States Constitution. (8) Venue of any causes brought under this law shall lie in the county or counties wherein the cause of action is alleged to have occurred. (9)(a) A local government regulation, ordinance, code, rule, comprehensive plan, charter, or any other provision of law may not recognize or grant any legal rights to a plant, an animal, a body of water, or any other part of the natural environment that is not a person or political subdivision as defined in s. 1.01(8) or grant such person or political subdivision any specific rights relating to the natural environment not otherwise authorized in general law or specifically granted in the State Constitution. (b) This subsection does not limit the power of an adversely affected party to challenge the consistency of a development order with a comprehensive plan as provided in s. 163.3215 or to file an action for injunctive relief to enforce the terms of a development agreement or challenge compliance of the agreement as provided in s. 163.3243. (c) This subsection does not limit the standing of the Department of Legal Affairs, a political subdivision or municipality of the state, or a citizen of the state to maintain an action for injunctive relief as provided in this section. History.—ss. 1, 2, 3, 4, 5, 6, ch. 71-343; s. 24, ch. 88-393; s. 10, ch. 97-103; s. 9, ch. 2002-261; s. 24, ch. 2020-150.
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Annotations, Discussions, Cases:
Cases Citing Statute 403.412
Total Results: 49
406 So. 2d 478
District Court of Appeal of Florida | Filed: Oct 7, 1981 | Docket: 449729
Cited 51 times | Published
petitioners did not seek to intervene under section 403.412(5) nor comply with its requirements, so we
390 So. 2d 64, 15 ERC 1282
Supreme Court of Florida | Filed: Nov 6, 1980 | Docket: 1750224
Cited 21 times | Published
dismissing the federation's complaint and declaring section 403.412(2)(a), Florida Statutes (1977),[1] an impermissible
795 So. 2d 191, 2001 WL 1130885
District Court of Appeal of Florida | Filed: Sep 26, 2001 | Docket: 462204
Cited 15 times | Published
permits, it says so in specific text. Compare § 403.412(2)(c), Fla. Stat. (2000), with § 163.3215(4),
429 So. 2d 1260
District Court of Appeal of Florida | Filed: Mar 31, 1983 | Docket: 1222358
Cited 15 times | Published
[11] § 380.085(2), Fla. Stat. (1981).
[12] § 403.412(5), Fla. Stat. (1981).
[13] See generally Renard
456 So. 2d 904
District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 1731931
Cited 12 times | Published
injunctive relief brought by Friends pursuant to Section 403.412(2), Florida Statutes (1971), seeking to compel
857 So. 2d 207, 2003 WL 21755058
District Court of Appeal of Florida | Filed: Oct 28, 2003 | Docket: 1737464
Cited 10 times | Published
the group standing requirement imposed by section 403.412(6), Florida Statutes (2002). As conceded in
580 So. 2d 267, 1991 WL 75657
District Court of Appeal of Florida | Filed: May 14, 1991 | Docket: 1365416
Cited 8 times | Published
remedy otherwise exists for Friends under Section 403.412(2)(a)1, Florida Statutes (1989). That statute
276 So. 2d 542
District Court of Appeal of Florida | Filed: Apr 27, 1973 | Docket: 1439368
Cited 8 times | Published
the state' within the intent and meaning of F.S. 403.412 [F.S.A.] and as a result has no standing to
840 So. 2d 389, 2003 WL 1239986
District Court of Appeal of Florida | Filed: Mar 19, 2003 | Docket: 1463952
Cited 7 times | Published
DCA 1975) (finding a failure to comply with section 403.412(2)(c), which required plaintiff to file verified
448 So. 2d 1074
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 2547049
Cited 6 times | Published
treat the suit as one brought pursuant to section 403.412, Florida Statutes (1981).[7]
However, during
15 So. 3d 642, 2009 Fla. App. LEXIS 8512, 2009 WL 1741035
District Court of Appeal of Florida | Filed: Jun 22, 2009 | Docket: 1660783
Cited 5 times | Published
administrative level by virtue of their compliance with section 403.412(5). On appeal, this court held that the Sierra
622 So. 2d 520, 1993 WL 274014
District Court of Appeal of Florida | Filed: Jul 23, 1993 | Docket: 1529062
Cited 5 times | Published
the action against the District pursuant to section 403.412(2), Florida Statutes:
(a) The Department of
306 So. 2d 533, 1975 Fla. App. LEXIS 14724
District Court of Appeal of Florida | Filed: Jan 10, 1975 | Docket: 1377454
Cited 5 times | Published
exhaust their administrative remedy provided in § 403.412(2)(a), (c), F.S. 1973, known as the Environmental
886 So. 2d 1013
District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 419535
Cited 4 times | Published
standing under the requirements of revised section 403.412(5), Florida Statutes.
The issues in this case
805 So. 2d 893, 2001 WL 1200910
District Court of Appeal of Florida | Filed: Oct 12, 2001 | Docket: 523517
Cited 4 times | Published
the Environmental Protection Act of 1971, section 403.412, Florida Statutes (1999). Specifically, the
481 So. 2d 948, 11 Fla. L. Weekly 178
District Court of Appeal of Florida | Filed: Jan 7, 1986 | Docket: 1529347
Cited 4 times | Published
2d 1109 (Fla. 1st DCA 1983), we held that Section 403.412(5), Florida Statutes (1983), does not permit
441 So. 2d 1109
District Court of Appeal of Florida | Filed: Nov 8, 1983 | Docket: 1333473
Cited 4 times | Published
then assume such is the case and assert that § 403.412(5) is a provision bestowing party status upon
414 So. 2d 251
District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 1358464
Cited 4 times | Published
"Verified Petition and Complaint Pursuant to Section 403.412(5), Fla. Stat., For Formal Administrative Hearing
647 So. 2d 129, 1994 WL 131172
District Court of Appeal of Florida | Filed: Apr 18, 1994 | Docket: 437026
Cited 3 times | Published
for which an action may be maintained under section 403.412, Florida Statutes. Florida Wildlife Federation
545 So. 2d 439, 1989 WL 64543
District Court of Appeal of Florida | Filed: Jun 16, 1989 | Docket: 1702940
Cited 3 times | Published
provisions of the Environmental Protection Act, § 403.412(5), Fla. Stat. (1987).
[4] See § 120.57(1)(b)9
469 So. 2d 1381, 10 Fla. L. Weekly 291, 1985 Fla. LEXIS 3392
Supreme Court of Florida | Filed: May 23, 1985 | Docket: 2588591
Cited 3 times | Published
official capacity pursuant to the provisions of section 403.412, Florida Statutes (1981), or a proceeding to
350 So. 2d 802
District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757857
Cited 3 times | Published
County to comply with the DRI process. See Section 403.412, Florida Statutes.
SCHEB, Judge, dissenting
340 So. 2d 1287
District Court of Appeal of Florida | Filed: Jan 4, 1977 | Docket: 1298901
Cited 3 times | Published
its administrative remedies as required by Section 403.412(2)(c), Florida Statutes (1975), which is a
299 So. 2d 152
District Court of Appeal of Florida | Filed: Sep 3, 1974 | Docket: 1499200
Cited 3 times | Published
prevent immediate and irreparable harm. See F.S. § 403.412(2)(c). The complaint does not set out facts from
144 So. 3d 622, 2014 WL 3843079, 2014 Fla. App. LEXIS 12024
District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 60242518
Cited 2 times | Published
initiate an administrative proceeding pursuant to section 403.412(6), Florida Statutes (2010).
In 2010, Allied
786 So. 2d 661, 2001 WL 649485
District Court of Appeal of Florida | Filed: Jun 13, 2001 | Docket: 1681921
Cited 2 times | Published
the Environmental Protection Act of 1971, section 403.412, Florida Statutes (1999).
The amended complaint
478 So. 2d 1126, 10 Fla. L. Weekly 2533
District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 1741706
Cited 2 times | Published
none was intended... .
[W]e do not agree that section 403.412(5) creates a statutory exception to the limited
315 So. 2d 481, 1975 Fla. App. LEXIS 14256
District Court of Appeal of Florida | Filed: Jun 30, 1975 | Docket: 2576527
Cited 2 times | Published
filed suit against appellee-defendant under Section 403.412, Florida Statutes, known as the Environmental
315 So. 2d 481, 1975 Fla. App. LEXIS 14256
District Court of Appeal of Florida | Filed: Jun 30, 1975 | Docket: 2576527
Cited 2 times | Published
filed suit against appellee-defendant under Section 403.412, Florida Statutes, known as the Environmental
752 So. 2d 42, 2000 WL 121787
District Court of Appeal of Florida | Filed: Feb 2, 2000 | Docket: 1280280
Cited 1 times | Published
as a citizen pursuant to the provision of Section 403.412, Florida Statutes, [including domestic corporations
726 So. 2d 822, 1999 WL 44336
District Court of Appeal of Florida | Filed: Feb 3, 1999 | Docket: 1307419
Cited 1 times | Published
seeking relief from a governmental agency. See § 403.412(2)(a). To contrast, Florida's public nuisance
702 So. 2d 1352
District Court of Appeal of Florida | Filed: Dec 18, 1997 | Docket: 1513262
Cited 1 times | Published
(1995), or under the liberalized provisions of section 403.412(5), Florida Statutes. LEAF is a nonprofit corporation
683 So. 2d 1187, 1996 Fla. App. LEXIS 13228, 1996 WL 728349
District Court of Appeal of Florida | Filed: Dec 20, 1996 | Docket: 64769477
Cited 1 times | Published
Sehlusemeyer for injunctive relief and damages under section 403.412, Florida Statutes (1995), Florida’s Environmental
481 So. 2d 10, 1985 Fla. App. LEXIS 16973, 10 Fla. L. Weekly 2588
District Court of Appeal of Florida | Filed: Nov 21, 1985 | Docket: 548324
Cited 1 times | Published
intervene in this licensing proceeding pursuant to § 403.412(5), Fla. Stat., and did not allege or attempt
District Court of Appeal of Florida | Filed: Dec 26, 2024 | Docket: 69497658
Published
charter amendment is expressly
preempted by section 403.412(9), Florida Statutes. 1 We agree and
reverse
District Court of Appeal of Florida | Filed: Jan 19, 2024 | Docket: 68034367
Published
erred as a matter of law in finding that
section 403.412(9)(a), Florida Statutes (2020), is constitutional
District Court of Appeal of Florida | Filed: Aug 6, 2014 | Docket: 844249
Published
initiate an
administrative proceeding pursuant to section 403.412(6), Florida
Statutes (2010).
In 2010, Allied
98 So. 3d 651, 2012 WL 4093873, 2012 Fla. App. LEXIS 15726
District Court of Appeal of Florida | Filed: Sep 19, 2012 | Docket: 60312502
Published
886 So.2d 1013, 1017 (Fla. 1st DCA 2004). Section 403.412(5), Florida Statutes (2010), authorizes a citizen
54 So. 3d 1051, 2011 Fla. App. LEXIS 1979, 2011 WL 553494
District Court of Appeal of Florida | Filed: Feb 18, 2011 | Docket: 60298225
Published
makes an appearance as a party.” Finally, section 403.412(5) speaks to the issue of standing under sections
886 So. 2d 1013, 2004 Fla. App. LEXIS 16079, 2004 WL 2402497
District Court of Appeal of Florida | Filed: Oct 28, 2004 | Docket: 64834173
Published
standing under the requirements of revised section 403.412(5), Florida Statutes.
The issues in this case
580 So. 2d 846, 1991 Fla. App. LEXIS 4825, 1991 WL 85513
District Court of Appeal of Florida | Filed: May 24, 1991 | Docket: 64659280
Published
Stat. (1987) (enforcement of agency action); § 403.412(2), Fla.Stat. (1987) (injunction for violation
555 So. 2d 1328, 1990 Fla. App. LEXIS 557, 1990 WL 6656
District Court of Appeal of Florida | Filed: Feb 1, 1990 | Docket: 64647735
Published
fees pursuant to section 403.412 of the Environmental Protection Act. Section 403.412 provides:
403.412
498 So. 2d 1309, 11 Fla. L. Weekly 2449, 1986 Fla. App. LEXIS 10785
District Court of Appeal of Florida | Filed: Nov 20, 1986 | Docket: 64623744
Published
not a “citizen” entitled to intervene under section 403.412(5), Florida Statutes;1 2) that Chapter 381
478 So. 2d 1126, 10 Fla. L. Weekly 2533, 1985 Fla. App. LEXIS 16828
District Court of Appeal of Florida | Filed: Nov 14, 1985 | Docket: 64615723
Published
none was intended....
[W]e do not agree that section 403.412(5) creates a statutory exception to the limited
448 So. 2d 1074, 1984 Fla. App. LEXIS 12361
District Court of Appeal of Florida | Filed: Mar 23, 1984 | Docket: 64604295
Published
treat the suit as one brought pursuant to section 403.412, Florida Statutes (1981).7
However, during
446 So. 2d 1117, 1984 Fla. App. LEXIS 11847
District Court of Appeal of Florida | Filed: Feb 22, 1984 | Docket: 64603484
Published
was properly denied intervention based upon Section 403.412(5), Florida Statutes (1981). The issue regarding
414 So. 2d 251, 1982 Fla. App. LEXIS 20046
District Court of Appeal of Florida | Filed: May 14, 1982 | Docket: 64590084
Published
“Verified Petition and Complaint Pursuant to Section 403.412(5), Fla. Stat., For Formal Administrative Hearing
316 So. 2d 611
District Court of Appeal of Florida | Filed: Aug 18, 1975 | Docket: 64548352
Published
PER CURIAM.
Affirmed on authority of Section 403.412 (2) (f), Florida Statutes.
BOYER, C. J., and MILLS
285 So. 2d 447
District Court of Appeal of Florida | Filed: Nov 30, 1973 | Docket: 1491667
Published
J., concur.
NOTES
[1] Florida Statutes, Section 403.412(2) (a), provides: "The department of legal
