Florida Statute 403.804 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.804

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.

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Amendments to 403.804

Arrestable Offenses / Crimes under Fla. Stat. 403.804

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.804.

Annotations, Discussions, Cases:

Cases Citing Statute 403.804

Total Results: 10

Florida Pulp & Paper Ass'n Environmental Affairs, Inc. v. Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2017-07-11T00:00:00-07:00

Citation: 223 So. 3d 417, 2017 WL 2945601, 2017 Fla. App. LEXIS 9889

Snippet: chapter 373, Florida Statutes. See §§ 20.255(6), 403,804(1), Fla Stat. 2 . Statement of estimated

Miccosukee Tribe of Indians v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1995-05-10T00:53:00-07:00

Citation: 656 So. 2d 505

Snippet: setting authority of the department... ." § 403.804(1), Fla. Stat. (1993). Additionally, the Secretary…exclusive standard-setting authority pursuant to s. 403.804." § 403.805(1), Fla. Stat. (1993). A "…provisions of the Florida Statutes. §§ 403.803(13), 403.804(1), 403.805(1), Fla. Stat. (1993); see O'Connor

ST. v. Falls Chase Spec. Taxing Dist.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-01-20T23:53:00-08:00

Citation: 424 So. 2d 787

Snippet: the Environmental Regulation Commission, section 403.804(1), composed of seven citizens appointed by the

Wood v. State, Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1980-11-26T00:00:00-08:00

Citation: 390 So. 2d 786, 1980 Fla. App. LEXIS 18157

Snippet: decision in Peterson, Section 403.804(1) was re-enacted. Section 403.-804(1), Florida Statutes (1979). …motion to dismiss, that the portion of Section 403.804(1), Florida Statutes, which makes the Commission…Regulation, 350 So.2d 544 (Fla. 1st DCA 1977), Section 403.804(1) and Chapter 17-1, Florida Administrative Code…. In addition, the 1980 amendment of Section 403.804(1) by Chapter 80-66, Laws of Florida, repealed the… challenge to the constitutionality of Section 403.804(1) is without merit, and find no necessity for

Booker Creek Preservation, Inc. v. Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1979-04-04T00:00:00-08:00

Citation: 369 So. 2d 655, 1979 Fla. App. LEXIS 14403

Snippet: Petitioner argues that Florida Statute, Section 403.804, provides for appeals from the department to the

Agrico Chemical Co. v. STATE, ETC.

Court: Fla. Dist. Ct. App. | Date Filed: 1979-01-15T23:53:00-08:00

Citation: 365 So. 2d 759

Snippet: agency action when both F.S. 120.54(4) and F.S. 403.804 are involved. Nor do we find it necessary, for …impact statements prepared in compliance with F.S. 403.804(2) satisfies the requirements of that law and that…therefore, they need not be addressed here. *764 F.S. 403.804(2) provides that when any proposed standard that…Cabinet for final action in accordance with F.S. 403.804(2). The basis of such contention is found in F.… used in F.S. 120.54(1)(c) and as used in F.S. 403.804(2) which statutes must, in this type of case, be

Florida Electric Power Coordinating Group, Inc. v. Askew

Court: Fla. Dist. Ct. App. | Date Filed: 1978-06-30T00:00:00-07:00

Citation: 366 So. 2d 1186, 11 ERC 2006, 11 ERC (BNA) 2006, 1978 Fla. App. LEXIS 17262

Snippet: called on to construe in two respects Section 403.804(2), Florida Statutes (1975), which reads: The commission…the petitioner’s brief. It found: Under Section 403.804(2), the Governor and Cabinet have been granted … than corresponding federal standards. Section 403.804(2) gives the Governor and Cabinet authority to …counterparts, requiring, therefore, a study under Section 403.804(2). In the same sense, we cannot find as a matter… those standards requiring study under Section 403.804(2). The petition for review is DENIED. BOYER, Acting

Peterson v. ST., DEPT. OF ENVTL. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1977-10-05T00:53:00-07:00

Citation: 350 So. 2d 544

Snippet: legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that "…provisions of Sections 403.171 and 403.121(3), and 403.804(1) are inconsistent. If possible, we must construe…inconsistencies of Sections 403.171 and 403.121(3), and 403.804(1) can be reconciled by construing them to provide… so construed Sections 403.171, 403.121(3) and 403.804(1), the review action by the Commission must be

Peterson v. State Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1977-10-05T00:00:00-07:00

Citation: 350 So. 2d 544, 1977 Fla. App. LEXIS 16965

Snippet: legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that “The…provisions of Sections 403.171 and 403.121(3), and 403.804(1) are inconsistent. If possible, we must construe…inconsistencies of Sections 403.-171 and 403.121(3), and 403.804(1) can be reconciled by construing them to provide… so construed Sections 403.171, 403.121(3) and 403.804(1), the review action by the Commission must be

Ago

Court: Fla. Att'y Gen. | Date Filed: 1977-09-13T00:53:00-07:00

Snippet: provided in ss. 6(1)(b) and 11 of Ch. 75-22. See s. 403.804(1), F. S. Section 6(1)(b) of Ch. 75-22 deals with…being vested in the Governor and Cabinet. See s.403.804, F. S. Section 11 of Ch. 75-22, in pertinent part…. 6(1)(a) and (b) of Ch. 75-22, codified as s. 403.804, F. S., has reference to the standards or rules… designated rulemaking authority only. Section 403.804. The commission does, however, serve as the adjudicatory…12) and 253.76, F. S. (s. 5, Ch. 75-22.). See s.403.804(1). Chapter 75-22, Laws of Florida, does not affect