The 2024 Florida Statutes
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. . . 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. . . .
. . . 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 . . .
. . . 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 . . .
. . . organizations, possessed standing at the administrative level by virtue of their compliance with section 403.412 . . .
. . . 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 . . .
. . . 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 . . .
. . . Rosa Island Auth., 315 So.2d 481, 482 (Fla. 1st DCA 1975) (finding a failure to comply with section 403.412 . . .
. . . 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 . . .
. . . Compare § 403.412(2)(c), Fla. Stat. (2000), with § 163.3215(4), Fla. . . .
. . . 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 . . .
. . . standing either as a substantially affected party or as a citizen pursuant to the provision of Section 403.412 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 filed a petition for a formal administrative hearing pursuant to sections 120.57(1) and 403.412 . . .
. . . Stat. (1987) (enforcement of agency action); § 403.412(2), Fla.Stat. (1987) (injunction for violation . . .
. . . 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 . . .
. . . 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 . . .
. . . accept Manasota's claim of standing, based on the provisions of the Environmental Protection Act, § 403.412 . . .
. . . 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 . . .
. . . 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 . . .
. . . specific authority for Rule 27G-1.06 is section 120.53(1) and the laws implemented are section 380.07 and 403.412 . . .
. . . The rule grants intervenors, including those on whom Section 403.412(5), Florida Statutes (1985), confers . . .
. . . 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 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. . . . .
. . . 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 . . .
. . . 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) . . .
. . . Petitioners cite section 403.412(5), Florida Statutes, as a basis for standing. . . .
. . . Booker sought to intervene in this licensing proceeding pursuant to § 403.412(5), Fla. . . .
. . . [W]e do not agree that section 403.412(5) creates a statutory exception to the limited standing granted . . .
. . . attorney bringing an enforcement proceeding in an official capacity pursuant to the provisions of section 403.412 . . .
. . . 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 . . .
. . . 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 was properly denied intervention based upon Section 403.412(5), Florida Statutes (1981). . . .
. . . 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 . . .
. . . . § 403.412(5), Fla.Stat. (1981). . See generally Renard v. . . .
. . . 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 . . .
. . . The petitioners did not seek to intervene under section 403.412(5) nor comply with its requirements, . . .
. . . 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. . . .
. . . See Section 403.412, Florida Statutes. . . .
. . . reversible error the failure of appellee to exhaust its administrative remedies as required by Section 403.412 . . .
. . . Affirmed on authority of Section 403.412 (2) (f), Florida Statutes. BOYER, C. . . .
. . . 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 . . .
. . . Pollution Control they would be required to exhaust their administrative remedies as required by § 403.412 . . .
. . . 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: “ . . . . . .
. . . , 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 . . .