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: District Court of Appeal of Florida | Date Filed: 2017-07-11

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: District Court of Appeal of Florida | Date Filed: 1995-05-10

Citation: 656 So. 2d 505

Snippet: standard setting authority of the department... ." § 403.804(1), Fla. Stat. (1993). Additionally, the Secretary's

ST. v. Falls Chase Spec. Taxing Dist.

Court: District Court of Appeal of Florida | Date Filed: 1983-01-21

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: District Court of Appeal of Florida | Date Filed: 1980-11-26

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

Snippet: motion to dismiss, that the portion of Section 403.804(1), Florida Statutes, which makes the Commission

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

Court: District Court of Appeal of Florida | Date Filed: 1979-04-04

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: District Court of Appeal of Florida | Date Filed: 1979-01-16

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

Florida Electric Power Coordinating Group, Inc. v. Askew

Court: District Court of Appeal of Florida | Date Filed: 1978-06-30

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

Peterson v. State Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1977-10-05

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

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

Court: District Court of Appeal of Florida | Date Filed: 1977-10-05

Citation: 350 So. 2d 544

Snippet: legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that "The

Ago

Court: Florida Attorney General Reports | Date Filed: 1977-09-13

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