Florida Statutes

Fla. Stat. § 403.804 (2025)

Environmental Regulation Commission; powers and duties.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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403.804 Environmental Regulation Commission; powers and duties.—

(1) Except as provided in subsection (2) and s. 120.54(4), the commission, pursuant to s. 403.805(1), shall exercise the standard-setting authority of the department under this chapter; part II of chapter 373; and ss. 373.309(1)(e), 373.414(4) and (10), 373.4145(1)(a), 373.421(1), and 373.4592(4)(d)4. and (e). The commission, in exercising its authority, shall consider scientific and technical validity, economic impacts, and relative risks and benefits to the public and the environment. The commission shall not establish department policies, priorities, plans, or directives. The commission may adopt procedural rules governing the conduct of its meetings and hearings.

(2) The department shall have a study conducted of the economic and environmental impact which sets forth the benefits and costs to the public of any proposed standard that would be stricter or more stringent than one which has been set by federal agencies pursuant to federal law or regulation. Such study as is provided for in this subsection shall be submitted to the commission, which shall initially adopt the standard. Final action shall be by the Governor and Cabinet, who shall accept, reject, modify, or remand for further proceedings the standard within 60 days from the submission. Such review shall be appellate in nature. Hearings shall be in accordance with the provisions of chapter 120.

History.—s. 6, ch. 75-22; ss. 4, 5, ch. 80-66; s. 54, ch. 83-310; s. 41, ch. 84-338; s. 1, ch. 88-343; s. 3, ch. 95-295; s. 167, ch. 96-410; s. 41, ch. 2002-296; s. 95, ch. 2014-17.

Notes of Decisions

Cited in 8 cases, 1977–1995 · leading case: Agrico Chem. Co. v. STATE, ETC., 365 So. 2d 759 (Fla. 1st DCA 1979).

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Agrico Chem. Co. v. STATE, ETC., 365 So. 2d 759 (Fla. 1st DCA 1979). · cites it 9× “54(4) and F.S. 403.804 are involved. Nor do we find it necessary, for the same reasons, to address here the issues discussed in Carrollwood State Bank v.”

ST. v. Falls Chase Spec. Taxing Dist., 424 So. 2d 787 (Fla. 1st DCA 1983). “In 1979, but now no longer, Department declaratory statements were subject to review by the Environmental Regulation Commission, section 403.804(1), composed of seven citizens appointed by the Governor and confirmed by the Senate, "representative of, but not limited to,…”

Peterson v. State Dep't of Env't Reg., 350 So. 2d 544 (Fla. 1st DCA 1977). · cites it 2× “261(3), Florida Statutes (1975), the legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that “The commission shall also act as an adjudicatory body for final actions taken by the department, except for those appeals and decisions…”

Miccosukee Tribe of Indians v. State, 656 So. 2d 505 (Fla. 3d DCA 1995). · cites it 2× “" § 403.804(1), Fla. Stat. (1993). Additionally, the Secretary's powers and duties are limited as follows: "The Secretary shall have the powers and duties of the heads of departments .”

Peterson v. St., Dept. of Envtl. Reg., 350 So. 2d 544 (Fla. 1st DCA 1977). · cites it 2× “261(3), Florida Statutes (1975), the legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that "The commission shall also act as an adjudicatory body for final actions taken by the department, except for those appeals and decisions…”

Booker Creek Pres., Inc. v. Dep't of Env't Reg., 369 So. 2d 655 (Fla. 2d DCA 1979). “Respondent, on the other hand, contends that the statute does not distinguish between various types of final agency action for purposes of review.”

Florida Elec. Power Coordinating Grp., Inc. v. Askew, 366 So. 2d 1186 (Fla. 1st DCA 1978). · cites it 6× “This court is called on to construe in two respects Section 403.804(2), Florida Statutes (1975), which reads: The commission shall direct the department to have a study conducted of the economic and environmental impact which sets forth the benefits and costs to the public of…”

Wood v. State, Dep't of Env't Reg., 390 So. 2d 786 (Fla. 1st DCA 1980). · cites it 6× “The motion for rehearing alleges this court failed to consider appellants’ argument, contained in their response to the motion to dismiss, that the portion of Section 403.804(1), Florida Statutes, which makes the Commission the “adjudicatory body for final actions taken by the…”

— 403.804(1) — 5 cases

Peterson v. State Dep't of Env't Reg., 350 So. 2d 544 (Fla. 1st DCA 1977). “261(3), Florida Statutes (1975), the legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that “The commission shall also act as an adjudicatory body for final actions taken by the department, except for those appeals and decisions…”

Miccosukee Tribe of Indians v. State, 656 So. 2d 505 (Fla. 3d DCA 1995). “" § 403.804(1), Fla. Stat. (1993). Additionally, the Secretary's powers and duties are limited as follows: "The Secretary shall have the powers and duties of the heads of departments .”

Peterson v. St., Dept. of Envtl. Reg., 350 So. 2d 544 (Fla. 1st DCA 1977). “261(3), Florida Statutes (1975), the legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that "The commission shall also act as an adjudicatory body for final actions taken by the department, except for those appeals and decisions…”

Wood v. State, Dep't of Env't Reg., 390 So. 2d 786 (Fla. 1st DCA 1980). “The motion for rehearing alleges this court failed to consider appellants’ argument, contained in their response to the motion to dismiss, that the portion of Section 403.804(1), Florida Statutes, which makes the Commission the “adjudicatory body for final actions taken by the…”

— 403.804(2) — 2 cases

Agrico Chem. Co. v. STATE, ETC., 365 So. 2d 759 (Fla. 1st DCA 1979). “54(4) and F.S. 403.804 are involved. Nor do we find it necessary, for the same reasons, to address here the issues discussed in Carrollwood State Bank v.”

Florida Elec. Power Coordinating Grp., Inc. v. Askew, 366 So. 2d 1186 (Fla. 1st DCA 1978). “This court is called on to construe in two respects Section 403.804(2), Florida Statutes (1975), which reads: The commission shall direct the department to have a study conducted of the economic and environmental impact which sets forth the benefits and costs to the public of…”

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