Page 102 - Akerman | 2016 Guide to Doing Business in Florida

Administrative Procedures Act, contained within Florida Statutes Chapter 120,
and in certain circumstances, within the Florida circuit courts.

FDEP’s approach to enforcement has evolved to include such concepts as
compliance assistance, pollution prevention, in–kind penalties, and other
creative solutions to resolve noncompliance issues. FDEP staff often work
with responsible parties in a non-adversarial manner to fulfill FDEP’s duty to
protect the environment, while taking the varied interests of the responsible
parties into account. FDEP has the authority to utilize risk based closure
principles for sites. FDEP, however, still resolves the majority of
noncompliance problems and violations by use of traditional regulatory
enforcement tools, including, enforcement actions, consent orders, and/or
litigation potentially resulting in administrative, civil, and criminal penalties,
irrespective of intent.
(b) Florida Department of Agriculture and Consumer Services (“DACS”). DACS
administers various state and federal environmental programs primarily
through four (4) divisions/offices. The Division of Agricultural Environmental
Services administers programs including coordinating the state mosquito
control program; agricultural pesticide registration, testing and regulation; pest
control regulation; and feed, seed and fertilizer production inspection and
testing. The Division of Aquaculture generally regulates aquaculture facilities
and shellfish processing plants; the opening/closing of shellfish harvesting
waters; and the leasing of submerged state lands for aquaculture. The Florida
Forestry Service generally manages the forest resources of Florida by
implementing certain silviculture, fire suppression, and forest resource
programs. The Office of Agricultural Water Policy facilitates communications
among federal, state, local agencies, and the agricultural industry on water
quantity and water quality issues involving agriculture.

(c) Florida Department of Economic Opportunity (“DEO”). Created in 2011, DEO
succeeded the Department of Community Affairs as the Florida state
planning agency. DEO impacts the development and use of Florida natural
resources through its review and comment on proposed local government
comprehensive plans.

(d) Executive Office of the Governor. The Florida Land and Water Adjudicatory
Commission (“FLAWAC”), comprising the Governor and Cabinet, sits as a
super agency to review certain DEO and FDEP permits and approvals.
(e) Florida Fish and Wildlife Conservation Commission (“FWC”). FWC exercises
the Florida’s executive and regulatory power over marine life, wild animal life,
freshwater aquatic life, and habitat management.

(f) Florida Department of Health (“DOH”). In addition to the regulation of general
public health issues, DOH has supervision and control over all private water
systems and public water systems not covered or included in the Florida Safe
Drinking Water Act (including septic systems, discussed in further detail
below). Moreover, DOH is authorized to license and regulate the
manufacture, production, transportation, use, handling, storage, disposal,
sale, lease, or other disposition of radioactive material and radiation machines.

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