Environmental regulation has been around for a long time and hasn’t changed much. In Florida, there are different agencies that enforce environmental laws, including the Department of Environmental Protection, water management districts, and local governments. These agencies have the power to enforce laws and rules related to the environment, and they can use a variety of tools to do so. Despite changes in government leadership, the basic process for enforcing environmental laws has stayed the same. Water management districts have the authority to protect water resources in Florida. This includes regulating activities like using water and building near wetlands. If someone breaks these rules, the district may send a warning letter explaining the violation and what needs to be done to fix it. It’s important to take the letter seriously and talk to the district about the problem to avoid getting in trouble. If a warning letter doesn’t work, the district can use administrative, civil, or criminal actions to deal with a violation. They decide which method to use based on the seriousness of the violation, any harm caused, and the likelihood of success. They use a grid to calculate civil penalties, based on the harm caused and how much the violation goes against the rules. Other factors, like cooperation or the benefit gained from the violation, can also affect the penalty. Different water management districts use similar grids to calculate penalties for different types of violations. The administrative process can be confusing for the public. If you receive a complaint from a government agency, you need to respond within a certain timeframe or you could lose the right to contest the claims. You also have to exhaust all administrative remedies before going to court. Make sure to read any notices carefully and seek legal advice if you need help understanding your rights. This notice says that if you disagree with a decision made by the water district, you can request a hearing within 14 days. If you miss the deadline, you might lose the chance to have a hearing. If the decision becomes final, you can appeal to a higher court within 30 days. If you need help, talk to a lawyer. If you receive a letter saying you’ve done something wrong, don’t wait too long to ask for a hearing. If you don’t ask for a hearing within the time limit, the decision becomes final. Different agencies might have different time limits, so make sure you check the letter carefully. And don’t ignore it – it’s important to take action if you disagree with the decision. Administrative law deals with rules and regulations made by government agencies. When someone wants a hearing about a complaint from an agency, they need to request it within a certain time frame, and the request must be submitted to the agency office. The hearing is usually overseen by a special judge, and after the hearing, the judge makes a recommendation to the agency. The agency then makes the final decision. Sometimes, instead of a hearing, the person and the agency agree to a settlement called a consent order, which outlines what the person has to do to follow the rules and what will happen if they don’t. If someone doesn’t respond to an administrative complaint on time, it becomes a final order by default. This means they can’t challenge it or ask for a hearing. If the agency goes to court, the facts in the complaint are considered true, and the case is only about penalties and solutions. The agency can also go to court to enforce the complaint or a consent order. If you don’t follow the rules for getting permits or doing construction, you can get in trouble with the courts. For example, a man named James Waibel cleared land and destroyed wetlands without the required permit. He had to pay a $25,000 penalty and also pay for the district’s legal fees and costs. He also had to restore the wetlands. This shows that the courts can enforce the rules and make people pay for breaking them. The court in Lake Pickett case said that if a water district wins a case, they can get their legal costs and attorneys’ fees paid by the other party. In the RLI Live Oak case, the court decided that the water district had to prove their case with clear and convincing evidence before they could get a penalty from the other party. The Florida Supreme Court said that a state agency doesn’t have to prove violations with “clear and convincing evidence” when imposing civil penalties. Instead, they just need to show that it’s more likely than not that a violation occurred. When you get a warning letter from the district about environmental issues, it’s best to talk to district staff and try to work things out instead of ignoring the letter or going to court right away. This is usually the best way to handle things, even when the political climate might make things more difficult. Fla. Stat. §373.219 uses the term “consumptive use permit,” while the Southwest Florida Water Management District rules use the term “water use permit” (F.A.C.R. 40D-2.041). A water use permit is needed to use water, and there are rules and procedures for obtaining and appealing these permits. It’s important to follow the rules and address any issues through the proper channels. The text provides information about Florida statutes related to environmental and water law, including enforcement and penalties for violations. It also mentions relevant court cases and the background of the author, who has extensive experience in this area of law.
Source: https://www.floridabar.org/the-florida-bar-journal/civil-regulatory-enforcement-in-floridas-water-management-districts-consistency-within-shifting-tides/
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