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Florida Statute 403.412 | Lawyer Caselaw & Research
F.S. 403.412 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
F.S. 403.412
403.412 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.

F.S. 403.412 on Google Scholar

F.S. 403.412 on Casetext

Amendments to 403.412


Arrestable Offenses / Crimes under Fla. Stat. 403.412
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.412.



Annotations, Discussions, Cases:

Cases from cite.case.law:

CONSERVATION ALLIANCE OF ST. LUCIE COUNTY INC. a k a v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 144 So. 3d 622 (Fla. Dist. Ct. App. 2014)

. . . because Appellants do not have standing to initiate an administrative proceeding pursuant to section 403.412 . . . They claimed standing under section 403.412(6), Florida Statutes, which grants automatic standing to . . . a permit, license, or authorization that is the subject of the notice of proposed agency action. § 403.412 . . . Because we hold that FDEP’s reading of section 403.412(6) is reasonable, we affirm the order dismissing . . . The language of section 403.412(6) is not ambiguous. . . .

MORGAN, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, M., 98 So. 3d 651 (Fla. Dist. Ct. App. 2012)

. . . Section 403.412(5), Florida Statutes (2010), authorizes a citizen of the state to intervene as a party . . . impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. § 403.412 . . . It is thus evident that the legislature intended section 403.412(5), Florida Statutes (2010), to allow . . .

ST. JOHNS RIVERKEEPER, INC. v. ST. JOHNS RIVER WATER MANAGEMENT,, 54 So. 3d 1051 (Fla. Dist. Ct. App. 2011)

. . . Finally, section 403.412(5) speaks to the issue of standing under sections 120.569 and 120.57, Florida . . . point” because ‘‘River-keeper was determined to have standing in this proceeding pursuant to Section 403.412 . . .

ABBOTT LABORATORIES, v. MYLAN PHARMACEUTICALS, INC., 15 So. 3d 642 (Fla. Dist. Ct. App. 2009)

. . . organizations, possessed standing at the administrative level by virtue of their compliance with section 403.412 . . .

ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC. v. STATE v. IMC, 886 So. 2d 1013 (Fla. Dist. Ct. App. 2004)

. . . on the ground that appellants could not establish standing under the requirements of revised section 403.412 . . . The issues in this case are (1) whether an amendment to section 403.412(5), Florida Statutes, relating . . . Prior to the amendment, section 403.412 allowed any citizen to intervene as a party in an administrative . . . The revisions to section 403.412(5) substantially limited participation in the permitting process in . . . The changes to section 403.412(5) made by chapter 2002-261 eliminate the appellants’ previous right to . . .

ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC. v. IMC PHOSPHATES, INC., 857 So. 2d 207 (Fla. Dist. Ct. App. 2003)

. . . appellants in a companion case, because appellants’ single-subject constitutional challenge to section 403.412 . . . 14, 2002, filed their declaratory-judgment suit, asserting the constitutional invalidity of section 403.412 . . . state a case or controversy sufficient to bring an action for declaratory judgment, and that section 403.412 . . . due to their lack of standing as a result of the more restrictive standing requirements of section 403.412 . . . specific contention in their motion to dismiss that the appeal has now become moot because section 403.412 . . . sufficient number of members in Hardee County to meet the group standing requirement imposed by section 403.412 . . . central issue in the dispute over standing in the lower tribunal is the constitutionality of section 403.412 . . . protection of air and water quality, may initiate a hearing pursuant to s. 120.569 or s. 120.57. § 403.412 . . . Subsection 403.412(5) states in pertinent part: In any administrative, licensing, or other proceedings . . . impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. § 403.412 . . . appellants to make any further showing, that because their standing has been restricted by section 403.412 . . . contesting the issuance of a mining permit, but rather in asserting a constitutional challenge to section 403.412 . . .

CITY OF COCONUT CREEK, a v. CITY OF DEERFIELD BEACH, a LLC,, 840 So. 2d 389 (Fla. Dist. Ct. App. 2003)

. . . Rosa Island Auth., 315 So.2d 481, 482 (Fla. 1st DCA 1975) (finding a failure to comply with section 403.412 . . .

LEE COUNTY, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, a, 805 So. 2d 893 (Fla. Dist. Ct. App. 2001)

. . . This action was filed pursuant to the Environmental Protection Act of 1971, section 403.412, Florida . . . restraining order “to prevent immediate and irreparable harm from the conduct or activity complained of.” § 403.412 . . .

PINECREST LAKES, INC. v. SHIDEL,, 795 So. 2d 191 (Fla. Dist. Ct. App. 2001)

. . . Compare § 403.412(2)(c), Fla. Stat. (2000), with § 163.3215(4), Fla. . . .

D. GOODMAN, v. MARTIN COUNTY HEALTH DEPARTMENT,, 786 So. 2d 661 (Fla. Dist. Ct. App. 2001)

. . . against the Martin County Health Department under the Environmental Protection Act of 1971, section 403.412 . . . The amended complaint included a request for attorney’s fees pursuant to section 403.412(2)(f), which . . . An August, 1999, pre-trial stipulation left the issue of section 403.412 fees as one to be determined . . . final judgment in February, 2000, appellants moved for an award of attorney’s fees pursuant to section 403.412 . . .

FRIENDS OF NASSAU COUNTY, INC. E. A, v. NASSAU COUNTY, St., 752 So. 2d 42 (Fla. Dist. Ct. App. 2000)

. . . standing either as a substantially affected party or as a citizen pursuant to the provision of Section 403.412 . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION, 702 So. 2d 1352 (Fla. Dist. Ct. App. 1997)

. . . interest test of section 120.57, Flori-dá Statutes (1995), or under the liberalized provisions of section 403.412 . . . Because DEP correctly construed section 403.412(5), and because LEAF does not contend that it is entitled . . . impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state. § 403.412 . . . status as any domestic corporation not-for-profit when it .comes to intervention rights under section 403.412 . . . The Legislature enacted section 403.412 to extend standing to private and corporate citizens of Florida . . . A Florida not for profit corporation’s right to “appear” includes the rights conferred by section 403.412 . . . Section 403.412(5), Florida Statutes (1995), provides: (5) In any administrative, licensing, or other . . . Section 403.412(5), Florida Statutes (1995), is the only basis for intervention which LEAF has asserted . . . We agree with the Fourth District Court of Appeal that, by enacting section 403.412, the legislature . . . Even if a conflict between sections 403.412(5) and 617.1505(2) could be said to exist, the pertinent . . .

C. SHAW, v. SCHLUSEMEYER,, 683 So. 2d 1187 (Fla. Dist. Ct. App. 1996)

. . . Shaw sued Betty Sehlusemeyer for injunctive relief and damages under section 403.412, Florida Statutes . . . Section 403.412 provides that a private citizen may maintain an action to enjoin others “from violating . . . See § 403.412(2)(c), Fla. Stat. (1995). Ms. Sehlusemeyer moved to dismiss Mr. . . . In awarding fees, the trial court relied on section 403.412(2)(f) which in pertinent part provides that . . .

R. KRUER, v. BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, 647 So. 2d 129 (Fla. Dist. Ct. App. 1994)

. . . appellant seeks relief in the nature of an injunction, for which an action may be maintained under section 403.412 . . . to carry out their regulatory responsibilities, appellant may seek injunc-tive relief under section 403.412 . . .

CONCERNED CITIZENS OF PUTNAM COUNTY FOR RESPONSIVE GOVERNMENT, INC. v. ST. JOHNS RIVER WATER MANAGEMENT DISTRICT,, 622 So. 2d 520 (Fla. Dist. Ct. App. 1993)

. . . Citizens has standing to maintain the action against the District pursuant to section 403.412(2), Florida . . . Board of County Com’rs of Monroe County, 462 So.2d 1108 (Fla.1985): Section 403.412, Florida Statutes . . .

HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS, v. TSI SOUTHEAST, INC., 587 So. 2d 1378 (Fla. Dist. Ct. App. 1991)

. . . Hamilton County filed a petition for a formal administrative hearing pursuant to sections 120.57(1) and 403.412 . . .

FLORIDA SUGAR CANE LEAGUE, Co. S. D. v. STATE, 580 So. 2d 846 (Fla. Dist. Ct. App. 1991)

. . . Stat. (1987) (enforcement of agency action); § 403.412(2), Fla.Stat. (1987) (injunction for violation . . .

FRIENDS OF THE HATCHINEHA, INC. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 580 So. 2d 267 (Fla. Dist. Ct. App. 1991)

. . . administrative hearing, because an adequate judicial remedy otherwise exists for Friends under Section 403.412 . . . Section 403.412 was intended to make enforcement of environmental laws and to make restraint of violations . . . If DER declined to agree with appellant, appellant could then commence a suit pursuant to section 403.412 . . . forms of relief may be available to an affected party, i.e., a section 120.57 hearing or a section 403.412 . . .

SOUTH FLORIDA WATER MANAGEMENT DISTRICT, v. CITY OF ST. CLOUD, CITY OF ST. CLOUD, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 555 So. 2d 1328 (Fla. Dist. Ct. App. 1990)

. . . Cloud filed, with this court, a motion for attorney’s fees pursuant to section 403.412 of the Environmental . . . Section 403.412 provides: 403.412 Environmental Protection Act.— ¡¡c s}: sfc ⅜: ⅜ ⅝ (f) In any action . . . this section, the court may order the plaintiff to post a good and sufficient surety bond or cash. § 403.412 . . .

MANASOTA INC. v. D. TREMOR,, 545 So. 2d 439 (Fla. Dist. Ct. App. 1989)

. . . accept Manasota's claim of standing, based on the provisions of the Environmental Protection Act, § 403.412 . . .

RUDLOE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 33 Fla. Supp. 2d 203 (Fla. Div. Admin. Hearings 1988)

. . . before this motion was denied, petitioner filed a verified second amended petition, invoking Section 403.412 . . . objecting to DER’s intended issuance of a dredge and fill permit, “relied upon Sections 120.57(1) and 403.412 . . . Section 403.412(5), Florida Statutes (1987) allows participation in certain permitting proceedings even . . .

RUDLOE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 31 Fla. Supp. 2d 159 (Fla. Div. Admin. Hearings 1988)

. . . day before this motion was denied, petitioner filed a verified second amended petition, invoking FS § 403.412 . . . objecting to DER’s intended issuance of a dredge and fill permit, “relied upon FS §§ 120.57(1) and 403.412 . . . FS § 403.412(5), (1987) allows participation in certain permitting proceedings even by parties who cannot . . .

FAIRFIELD COMMUNITIES, v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION,, 522 So. 2d 1012 (Fla. Dist. Ct. App. 1988)

. . . specific authority for Rule 27G-1.06 is section 120.53(1) and the laws implemented are section 380.07 and 403.412 . . .

FAIRFIELD COMMUNITIES, INC. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, 25 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1987)

. . . The rule grants intervenors, including those on whom Section 403.412(5), Florida Statutes (1985), confers . . .

FAIRFIELD COMMUNITIES, INC. v. FLORIDA LAND AND WATER ADJUDICATORY COMMISSION, 29 Fla. Supp. 2d 156 (Fla. Div. Admin. Hearings 1987)

. . . The rule grants intervenors, including those on whom Section 403.412(5), Florida Statutes (1985), confers . . . (Friends) and Florida Audubon Society (Florida Audubon), citing Section 403.412(5), Florida Statutes, . . . affected parties to intervene in the appeal, and may permit intervention by others as provided by Section 403.412 . . . This distinction seems to relate to which parties filed verified petitions in accordance with Section 403.412 . . .

CAPE CAVE CORPORATION, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 498 So. 2d 1309 (Fla. Dist. Ct. App. 1986)

. . . Cape Cave contends 1) that ECOSWF was not a “citizen” entitled to intervene under section 403.412(5), . . . ECOSWF and the state Department of Community Affairs then filed petitions to intervene under section 403.412 . . . The order resolves capacity and standing issues under section 403.412(5), Florida Statutes, by holding . . . authorization “to take all actions necessary” to obtain a hearing on the proposed permit; (3)that section 403.412 . . . Section 403.412(5), Florida Statutes. . . . .

FRIENDS OF FORT GEORGE, INC. v. FAIRFIELD COMMUNITIES, INC., 24 Fla. Supp. 2d 192 (Fla. Div. Admin. Hearings 1986)

. . . and Intervenors, Florida Audubon Society and Duval Audubon Society have standing pursuant to Section 403.412 . . . Petitioners and Intervenors have standing pursuant to Section 403.412(5), Florida Statutes, to bring . . . Petitioner, and Intervenors Florida Audubon Society, and Duval Audubon Society pursuant to Section 403.412 . . . Section 403.412(5), Florida Statutes, confers standing on any citizen of the state to intervene in any . . . granted the petition to intervene indicating that standing had been properly alleged under Section 403.412 . . .

MANASOTA- INC. v. GARDINIER, INC. MANASOTA- INC. v. GARDINIER, INC. LYONS v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 481 So. 2d 948 (Fla. Dist. Ct. App. 1986)

. . . Department of Environmental Regulation, 441 So.2d 1109 (Fla. 1st DCA 1983), we held that Section 403.412 . . . “Thus, licensing proceedings do not commence for purposes of § 403.412(5) until DER issues its notice . . . Section 403.412(5). . . . Section 403.412(5) provides: (5) In any administrative, licensing, or other proceedings authorized by . . . Although appellees urge that appellant has abandoned its claim of "standing” under Section 403.412(5) . . .

MANASOTA- INC. CONCERNED CITIZENS OF CITRUS COUNTY, INC. v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, 20 Fla. Supp. 2d 273 (Fla. Div. Admin. Hearings 1985)

. . . Petitioners cite section 403.412(5), Florida Statutes, as a basis for standing. . . .

BOOKER CREEK PRESERVATION, INC. v. MOBIL CHEMICAL COMPANY,, 481 So. 2d 10 (Fla. Dist. Ct. App. 1985)

. . . Booker sought to intervene in this licensing proceeding pursuant to § 403.412(5), Fla. . . .

FRIENDS OF THE EVERGLADES, INC. a v. ZONING BOARD, MONROE COUNTY,, 478 So. 2d 1126 (Fla. Dist. Ct. App. 1985)

. . . [W]e do not agree that section 403.412(5) creates a statutory exception to the limited standing granted . . .

STATE v. GENERAL DEVELOPMENT CORPORATION,, 469 So. 2d 1381 (Fla. 1985)

. . . attorney bringing an enforcement proceeding in an official capacity pursuant to the provisions of section 403.412 . . .

FRIENDS OF EVERGLADES, INC. a a v. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FRIENDS OF EVERGLADES, INC. a STATE DEPARTMENT OF COMMUNITY AFFAIRS, 456 So. 2d 904 (Fla. Dist. Ct. App. 1984)

. . . the Leon County Circuit Court in a suit for injunc-tive relief brought by Friends pursuant to Section 403.412 . . . proceedings before both the local zoning board and the Monroe County Commission pursuant to Section 403.412 . . . Friends’ next move was to file a complaint, pursuant to section 403.412(2), with the Department, requesting . . . Friends then filed an amended complaint, again seeking relief pursuant to section 403.412(2), requesting . . . Section 403.412(2) provides, in part: (2)(a) The Department of Legal Affairs, any political subdivision . . .

STATE By STATE ATTORNEY FOR TWELFTH JUDICIAL CIRCUIT, v. GENERAL DEVELOPMENT CORPORATION, a, 448 So. 2d 1074 (Fla. Dist. Ct. App. 1984)

. . . The letter actually requested that DER treat the suit as one brought pursuant to section 403.412, Florida . . . during the hearing on GDC’s motions, appellant admitted that he was not proceeding under either section 403.412 . . . We do not express any opinion as to whether a state attorney has standing under section 403.412. . . . .

FRIENDS OF THE EVERGLADES, INC. a v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 446 So. 2d 1117 (Fla. Dist. Ct. App. 1984)

. . . Friends was properly denied intervention based upon Section 403.412(5), Florida Statutes (1981). . . .

MANASOTA- INC. v. DEPARTMENT OF ENVIRONMENTAL REGULATION, 441 So. 2d 1109 (Fla. Dist. Ct. App. 1983)

. . . Section 403.412(5) provides: (5) In any administrative, licensing, or other proceedings authorized by . . . We affirm the denial of the petition because we discern no legislative intent in § 403.412(5) to permit . . . Thus, licensing proceedings do not commence for purposes of § 403.412(5) until DER issues its notice . . . In the event that the Department does propose to issue the permits to Gardi-nier, § 403.412(5) would . . . Greene holds only that a citizen may not in reliance on § 403.412(5) initiate a § 120.57 hearing when . . .

CALOOSA PROPERTY OWNERS ASSOCIATION, INC. v. PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS,, 429 So. 2d 1260 (Fla. Dist. Ct. App. 1983)

. . . . § 403.412(5), Fla.Stat. (1981). . See generally Renard v. . . .

C. GREENE, Jr. v. STATE DEPARTMENT OF NATURAL RESOURCES, 414 So. 2d 251 (Fla. Dist. Ct. App. 1982)

. . . 5,1981, appellant, as a State citizen, filed a “Verified Petition and Complaint Pursuant to Section 403.412 . . . Section 403.412 has not obviated the requirement that a citizen allege a special injury or allege the . . . Although Section 403.412(2) has done away with the requirement of showing a special injury required by . . . Section 403.412(5) provides: In any administrative, licensing, or other proceedings authorized by law . . . Section 403.412(5) does allow a citizen of the state to intervene as a party without meeting standing . . .

AGRICO CHEMICAL COMPANY, v. DEPARTMENT OF ENVIRONMENTAL REGULATION, a, 406 So. 2d 478 (Fla. Dist. Ct. App. 1981)

. . . The petitioners did not seek to intervene under section 403.412(5) nor comply with its requirements, . . .

FLORIDA WILDLIFE FEDERATION, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, 390 So. 2d 64 (Fla. 1980)

. . . direct appeal from a circuit court order dismissing the federation’s complaint and declaring section 403.412 . . . To help effectuate that policy, the legislature enacted the EPA as section 403.412 in 1971. . . . We agree with the Fourth District Court of Appeal that, by enacting section 403.412, the legislature . . . The portion of § 403.412 with which this appeal is concerned reads as follows: (2)(a) The Department . . . We note, however, that § 403.412 does not authorize money damages. . . .

SARASOTA COUNTY, v. DEPARTMENT OF ADMINISTRATION,, 350 So. 2d 802 (Fla. Dist. Ct. App. 1977)

. . . See Section 403.412, Florida Statutes. . . .

TOWN OF SURFSIDE, a v. COUNTY LINE LAND COMPANY, a, 340 So. 2d 1287 (Fla. Dist. Ct. App. 1977)

. . . reversible error the failure of appellee to exhaust its administrative remedies as required by Section 403.412 . . .

A. MORRILL, a v. BALL,, 316 So. 2d 611 (Fla. Dist. Ct. App. 1975)

. . . Affirmed on authority of Section 403.412 (2) (f), Florida Statutes. BOYER, C. . . .

W. FURNANS v. SANTA ROSA ISLAND AUTHORITY,, 315 So. 2d 481 (Fla. Dist. Ct. App. 1975)

. . . Appellants-plaintiffs filed suit against appellee-defendant under Section 403.412, Florida Statutes, . . . the complaints did not seek a temporary injunction to prevent immediate and irreparable harm, Section 403.412 . . .

Mr. WETZEL v. A. DUDA SONS, 306 So. 2d 533 (Fla. Dist. Ct. App. 1975)

. . . Pollution Control they would be required to exhaust their administrative remedies as required by § 403.412 . . .

SAVE OUR BAY, INC. a v. HILLSBOROUGH COUNTY POLLUTION CONTROL COMMISSION, 285 So. 2d 447 (Fla. Dist. Ct. App. 1973)

. . . This action is brought pursuant to the authority of Chapter 403.412 of the Florida Statutes, known as . . . Florida Statutes, Section 403.412(2) (a), provides: “The department of legal affairs, any political subdivision . . . Florida Statutes, Section 403.412 (2) (c), provides in pertinent part: “ . . . . . .

ORANGE COUNTY AUDUBON SOCIETY, INC. v. HOLD, a, 276 So. 2d 542 (Fla. Dist. Ct. App. 1973)

. . . , Inc., a Florida corporation is not ‘a citizen of the state’ within the intent and meaning of F.S. 403.412 . . . Laws of Florida, known as the “Environmental Protection Act of 1971” and renumbered as F.S., Section 403.412 . . . In particular, subsection 2 of Section 403.412 provides: “(2) (a) The department of legal affairs, any . . . (citation omitted)” With the enactment of Section 403.412 the legislature has declared that the protection . . . Accordingly, the Orange County Audubon Society is a “citizen” within the meaning of Section 403.412 and . . .