The 2023 Florida Statutes (including Special Session C)

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

View Entire Chapter

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.

F.S. 403.804 on Google Scholar

F.S. 403.804 on Casetext

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 from cite.case.law:

SIERRA CLUB, INC. v. O. LEAVITT,, 393 F. Supp. 2d 1263 (N.D. Fla. 2005)

. . . See §§ 20.255(7) and 403.804(1), Fla. Stat., as amended hy Chapter 95-295, Laws of Florida. . . . .

MICCOSUKEE TRIBE OF INDIANS OF FLORIDA, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION, 656 So. 2d 505 (Fla. Dist. Ct. App. 1995)

. . . .” § 403.804(1), Fla. Stat. (1993). . . . Environmental Regulation Commission shall exercise the exclusive standard-setting authority pursuant to s. 403.804 . . . clearly and mandatorily required by the pertinent provisions of the Florida Statutes. §§ 403.803(13), 403.804 . . .

STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, v. FALLS CHASE SPECIAL TAXING DISTRICT,, 424 So. 2d 787 (Fla. Dist. Ct. App. 1982)

. . . Department declaratory statements were subject to review by the Environmental Regulation Commission, section 403.804 . . .

J. WOOD C. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 390 So. 2d 786 (Fla. Dist. Ct. App. 1980)

. . . appellants’ argument, contained in their response to the motion to dismiss, that the portion of Section 403.804 . . . Department of Environmental Regulation, 350 So.2d 544 (Fla. 1st DCA 1977), Section 403.804(1) and Chapter . . . After the adoption and publication of the rule and the decision in Peterson, Section 403.804(1) was re-enacted . . . In addition, the 1980 amendment of Section 403.804(1) by Chapter 80-66, Laws of Florida, repealed the . . . We conclude that appellants’ challenge to the constitutionality of Section 403.804(1) is without merit . . .

BOOKER CREEK PRESERVATION, INC. v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 369 So. 2d 655 (Fla. Dist. Ct. App. 1979)

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

AGRICO CHEMICAL COMPANY v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION AGRICO CHEMICAL COMPANY, USS a W. R. Co. v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, AGRICO CHEMICAL COMPANY, USS a W. R. Co. v. O D. ASKEW, A. L. A. D., 365 So. 2d 759 (Fla. Dist. Ct. App. 1978)

. . . any apparent problem regarding what constitutes final agency action when both F.S. 120.54(4) and F.S. 403.804 . . . F.S. 403.804(2) provides that when any-proposed standard that would be stricter or more stringent than . . . revolves around a construction of the word “adopted” as used in F.S. 120.54(l)(c) and as used in F.S. 403.804 . . . (F.S. 403.804(2)). . . . Goodyear Tire & Rubber Co., 300 So.2d 666 (Fla.1974)) The Industries correctly contend that F.S. 403.804 . . .

FLORIDA ELECTRIC POWER COORDINATING GROUP, INC. v. O D. ASKEW, A., 366 So. 2d 1186 (Fla. Dist. Ct. App. 1978)

. . . This court is called on to construe in two respects Section 403.804(2), Florida Statutes (1975), which . . . It found: Under Section 403.804(2), the Governor and Cabinet have been granted only the power to “accept . . . Section 403.804(2) gives the Governor and Cabinet authority to review only those regulations submitted . . . standards were stricter than their federal counterparts, requiring, therefore, a study under Section 403.804 . . . We find no error in the Department’s determination of those standards requiring study under Section 403.804 . . .

A. PETERSON, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION,, 350 So. 2d 544 (Fla. Dist. Ct. App. 1977)

. . . by Section 20.261(3), Florida Statutes (1975), the legislature created the Commission and by Section 403.804 . . . The provisions of Sections 403.171 and 403.121(3), and 403.804(1) are inconsistent. . . . The inconsistencies of Sections 403.-171 and 403.121(3), and 403.804(1) can be reconciled by construing . . . Having so construed Sections 403.171, 403.121(3) and 403.804(1), the review action by the Commission . . .

T. CARQUEVILLE v. B. FOLSOM,, 170 F. Supp. 777 (N.D. Ill. 1958)

. . . . § 404.1004(c) (Supp.1958) and § 403.804 (1949), also define the term “employee.” . . .

SCHMIDT v. EWING, 108 F. Supp. 505 (M.D. Pa. 1952)

. . . Regulations of the Federal Security Administrator, particularly that regulation appearing in Title 20 C.F.R. 403.804 . . .

UNITED STATES v. LALONE, 152 F.2d 43 (9th Cir. 1945)

. . . Section 403.804 of the Social Security Board Regulations No. 3, defining employment. . . .

PACIFIC ELECTRIC RY. CO. v. UNITED STATES, 64 F. Supp. 796 (S.D. Cal. 1945)

. . . Those regulations (regulations No. 3) provide in part as follows: “ ‘Section 403.804” “ ‘Every individual . . .

SOCIAL SECURITY BOARD v. WARREN, 142 F.2d 974 (8th Cir. 1944)

. . . Regulation No. 3 of Regulations of the Social Security Board, 20 C.F.R., 1940 Supp., § 403.804, provides . . .