Florida Statute 403.412 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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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 Citing Statute 403.412

Total Results: 20

WILDE CYPRESS BRANCH, BOGGY BRANCH, CROSBY ISLAND MARSH, LAKE HART, LAKE MARY JANE, AND ALL OTHER AFFECTED ORANGE COUNTY WATERS AND CHARLES O'NEAL, AS PRESIDENT OF SPEAK UP WEKIVA, INC. v. EMILE D. "SHAWN", IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND BEACHLINE SOUTH RESIDENTIAL, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2024-01-19T00:00:00-08:00

Snippet: erred as a matter of law in finding that section 403.412(9)(a), Florida Statutes (2020), is constitutional… Charter section 704.1. Because section 403.412(9)(a), Florida Statutes, precludes a “local government

JABARI KEMP v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-07-31T00:53:00-07:00

Snippet: N. Broward Hosp. Dist. v. Kalitan, 174 So. 3d 403, 412 (Fla. 4th DCA 2015) (quoting Hendeles v. Sanford

JABARI KEMP v. STATE OF FLORIDA

Court: Fla. Dist. Ct. App. | Date Filed: 2019-05-08T00:53:00-07:00

Snippet: N. Broward Hosp. Dist. v. Kalitan, 174 So. 3d 403, 412 (Fla. 4th DCA 2015) (quoting Hendeles v. Sanford

Joel Lebron v. State of Florida

Court: Fla. | Date Filed: 2017-12-20T23:53:00-08:00

Snippet: any criminal matter.” Ross v. State, 45 So. 3d 403, 412 (Fla. 2010). “To protect the right against self

Citizens Property Insurance Corp. v. River Oaks Condominium II Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-03-30T00:00:00-07:00

Citation: 190 So. 3d 1110, 2016 Fla. App. LEXIS 4810, 2016 WL 1234706

Snippet: Bell v. U.S.B. Acquisition Co., 734 So.2d 403, 412 (Fla.1999) (citing Standard Guar. Ins. Co

Ronald Matheny v. Indian River Fire Rescue/ Johns Eastern etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-10-20T00:00:00-07:00

Citation: 174 So. 3d 1129

Snippet: Bell v. U.S.B. Acquisition Co., 734 So.2d 403, 412 (Fla.1999) (applying former Rule 9.420(d), which

Conservation Alliance of St. Lucie County, Inc., and Treasure Coast Environmental Defense Fund, Inc., a/k/a Indian Riverkeeper, Inc. v. Florida Department of Environmental Protection, Allied Universal Corporation, and Chem-Tex Supply Corporation

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-06T00:53:00-07:00

Snippet: administrative proceeding pursuant to section 403.412(6), Florida Statutes (2010). In 2010, Allied…agreement. They claimed standing under section 403.412(6), Florida Statutes, which grants automatic standing…subject of the notice of proposed agency action. § 403.412(6), Fla. Stat. An administrative law judge…Because we hold that FDEP’s reading of section 403.412(6) is reasonable, we affirm the order dismissing…, 996 (Fla. 2003). The language of section 403.412(6) is not ambiguous. The statute is clearly premised

Conservation Alliance of St. Lucie County Inc. v. Florida Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2014-08-06T00:00:00-07:00

Citation: 144 So. 3d 622, 2014 WL 3843079, 2014 Fla. App. LEXIS 12024

Snippet: administrative proceeding pursuant to section 403.412(6), Florida Statutes (2010). In 2010, Allied Universal…agreement. They claimed standing under section 403.412(6), Florida Statutes, which grants automatic standing…subject of the notice of proposed agency action. § 403.412(6), Fla. Stat. An administrative law judge (“ALJ…Because we hold that FDEP’s reading of section 403.412(6) is reasonable, we affirm the order dismissing….2d 993, 996 (Fla.2003). The language of section 403.412(6) is not ambiguous. The statute is clearly premised

Bannister v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-08T00:00:00-08:00

Citation: 132 So. 3d 267, 2014 WL 52659, 2014 Fla. App. LEXIS 140

Snippet: 4th DCA 2013) (quoting Ross v. State, 45 So.3d 403, 412 (Fla.2010)). “This right against self-incrimination

Calder v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2014-01-08T00:00:00-08:00

Citation: 133 So. 3d 1025, 2014 WL 51972, 2014 Fla. App. LEXIS 158

Snippet: 4th DCA 2011) (quoting Ross v. State, 45 So.3d 403, 412 (Fla.2010)). “To give effect to the Fifth Amendment

Murdock v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2013-06-12T00:00:00-07:00

Citation: 115 So. 3d 1050, 2013 WL 2494175, 2013 Fla. App. LEXIS 9282

Snippet: any criminal matter.” Ross v. State, 45 So.3d 403, 412 (Fla.2010) (citing U.S. Const. amend. V; art.

Morgan v. Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-19T00:00:00-07:00

Citation: 98 So. 3d 651, 2012 WL 4093873, 2012 Fla. App. LEXIS 15726

Snippet: So.2d 1013, 1017 (Fla. 1st DCA 2004). Section 403.412(5), Florida Statutes (2010), authorizes a citizen…water, or other natural resources of the state. § 403.412(5), Fla. Stat. (2010). Morgan would have this Court… evident that the legislature intended section 403.412(5), Florida Statutes (2010), to allow citizens

Joe v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-17T00:00:00-07:00

Citation: 66 So. 3d 423, 2011 Fla. App. LEXIS 12989, 2011 WL 3586159

Snippet: criminal matter." Ross v. State, 45 So.3d 403, 412 (Fla.2010) (citing U.S. Const. amend. V; art.

Dixon v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-08-17T00:00:00-07:00

Citation: 72 So. 3d 171, 2011 Fla. App. LEXIS 12898, 2011 WL 3586145

Snippet: any criminal matter.” Ross v. State, 45 So.3d 403, 412 (Fla.2010) (citing U.S. Const, amend. V; art.

Compass Construction, Inc. v. First Baptist Church of Cape Coral, Florida, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-27T00:00:00-07:00

Citation: 61 So. 3d 1273, 2011 Fla. App. LEXIS 7707

Snippet: quoting Bell v. U.S.B. Acquisition Co., 734 So.2d 403, 412 (Fla.1999)). The Wolfe majority actually disapproved

Moss v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2011-05-04T00:00:00-07:00

Citation: 60 So. 3d 540, 2011 Fla. App. LEXIS 6342, 2011 WL 1661389

Snippet: any criminal matter.” Ross v. State, 45 So.3d 403, 412 (Fla.2010) (citing amend. V, U.S. Const.; art.

St. Johns Riverkeeper, Inc. v. St. Johns River Water Management

Court: Fla. Dist. Ct. App. | Date Filed: 2011-02-18T00:00:00-08:00

Citation: 54 So. 3d 1051, 2011 Fla. App. LEXIS 1979, 2011 WL 553494

Snippet: makes an appearance as a party.” Finally, section 403.412(5) speaks to the issue of standing under sections…standing in this proceeding pursuant to Section 403.412(6), Florida Statutes, and fully participated in

Parks v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2010-09-03T00:00:00-07:00

Citation: 43 So. 3d 858, 2010 Fla. App. LEXIS 12922, 2010 WL 3446170

Snippet: 2005). Cf. Torres-Arboledo v. State, 524 So.2d 403, 412 (Fla.1988). In Roberts, the defendant, rather

Abbott Laboratories v. Mylan Pharmaceuticals, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-22T00:00:00-07:00

Citation: 15 So. 3d 642, 2009 Fla. App. LEXIS 8512, 2009 WL 1741035

Snippet: level by virtue of their compliance with section 403.412(5). On appeal, this court held that the Sierra

Gillespie v. City of Destin

Court: Fla. Dist. Ct. App. | Date Filed: 2006-12-27T23:53:00-08:00

Citation: 946 So. 2d 1195

Snippet: quot; Bell v. U.S.B. Acquisition Co., 734 So.2d 403, 412 (Fla.1999). Where a court order requires a party