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The 2025 Florida Statutes
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F.S. 403.804403.804 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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Annotations, Discussions, Cases:
Cases Citing Statute 403.804
Total Results: 9
350 So. 2d 544
District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 1757805
Cited 8 times | Published
legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that
365 So. 2d 759
District Court of Appeal of Florida | Filed: Jan 16, 1979 | Docket: 1314192
Cited 5 times | Published
final agency action when both F.S. 120.54(4) and F.S. 403.804 are involved. Nor do we find it necessary, for
424 So. 2d 787
District Court of Appeal of Florida | Filed: Jan 21, 1983 | Docket: 1297053
Cited 3 times | Published
by the Environmental Regulation Commission, section 403.804(1), composed of seven citizens appointed by
656 So. 2d 505, 1995 WL 271012
District Court of Appeal of Florida | Filed: May 10, 1995 | Docket: 1683726
Published
standard setting authority of the department... ." § 403.804(1), Fla. Stat. (1993). Additionally, the Secretary's
390 So. 2d 786, 1980 Fla. App. LEXIS 18157
District Court of Appeal of Florida | Filed: Nov 26, 1980 | Docket: 64579004
Published
the motion to dismiss, that the portion of Section 403.804(1), Florida Statutes, which makes the Commission
369 So. 2d 655, 1979 Fla. App. LEXIS 14403
District Court of Appeal of Florida | Filed: Apr 4, 1979 | Docket: 64569613
Published
Commission. Petitioner argues that Florida Statute, Section 403.804, provides for appeals from the department to
366 So. 2d 1186, 11 ERC 2006, 11 ERC (BNA) 2006, 1978 Fla. App. LEXIS 17262
District Court of Appeal of Florida | Filed: Jun 30, 1978 | Docket: 64568322
Published
court is called on to construe in two respects Section 403.804(2), Florida Statutes (1975), which reads:
The
350 So. 2d 544, 1977 Fla. App. LEXIS 16965
District Court of Appeal of Florida | Filed: Oct 5, 1977 | Docket: 64560487
Published
legislature created the Commission and by Section 403.804(1), Florida Statutes (1975), provided that
Florida Attorney General Reports | Filed: Sep 13, 1977 | Docket: 3257908
Published
such designated rulemaking authority only. Section 403.804. The commission does, however, serve as the
