reglab/housing_qa huggingface dataset:
FL Stat § 403.90 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.90 - Judicial review relating to permits and licenses.

403.90 Judicial review relating to permits and licenses.—(1) As used in this section, unless the context otherwise requires:(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government.(b) “Permit” means any permit or license required by this chapter.(2) Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state’s police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on competent substantial evidence shall proceed in accordance with chapter 120.(3) If the court determines the decision reviewed is an unreasonable exercise of the state’s police power constituting a taking without just compensation, the court shall remand the matter to the agency which shall, within a reasonable time:(a) Agree to issue the permit;(b) Agree to pay appropriate monetary damages; however, in determining the amount of compensation to be paid, consideration shall be given by the court to any enhancement to the value of the land attributable to governmental action; or(c) Agree to modify its decision to avoid an unreasonable exercise of police power.(4) The agency shall submit a statement of its agreed-upon action to the court in the form of a proposed order. If the action is a reasonable exercise of police power, the court shall enter its final order approving the proposed order. If the agency fails to submit a proposed order within a reasonable time not to exceed 90 days which specifies an action that is a reasonable exercise of police power, the court may order the agency to perform any of the alternatives specified in subsection (3).(5) The court shall award reasonable attorney’s fees and court costs to the agency or substantially affected person, whichever prevails.(6) The provisions of this section are cumulative and shall not be deemed to abrogate any other remedies provided by law.History.—ss. 1, 2, 3, 4, 5, 6, ch. 78-85.
FL Stat § 403.905 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.905 - Removal of fill on sovereignty lands.

403.905 Removal of fill on sovereignty lands.—The department or the Board of Trustees of the Internal Improvement Trust Fund has the authority to direct an abutting upland owner to remove from submerged sovereignty lands or state-owned lands any fill created in violation of 1ss. 403.91-403.929 or part IV of chapter 373, except that the department or the board may consider the time at which the submerged land was filled, the length of upland ownership by the current owner, and any other equitable consideration. In the event that the abutting upland owner does not remove such fill as directed, the department or board may remove it at its own expense, and the costs of removal will become a lien upon the property of such abutting upland owner. However, the department and board may, if they choose, allow such fill to remain as state-owned land and may employ a surveyor to determine the boundary between such state land and that of the abutting upland owner. The amount of the cost of such survey will become a lien on the property of the abutting upland owner. Nothing herein may be construed to grant the department or the board authority to direct an upland owner to adjust, alter, or remove silt, fill, or other solid material which has accumulated or has been deposited seaward of his or her property, through no fault of the owner.History.—s. 38, ch. 93-213; s. 20, ch. 97-103.1Note.—Sections 403.91-403.925 and 403.929 were repealed by s. 45, ch. 93-213, and s. 403.913, as amended by s. 46, ch. 93-213, was transferred to s. 403.939 and subsequently repealed by s. 18, ch. 95-145. The only section remaining within the cited range is s. 403.927.
FL Stat § 403.9301 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9301 - Wastewater services projections.

403.9301 Wastewater services projections.—(1) The Legislature intends for each county, municipality, or special district providing wastewater services to create a 20-year needs analysis.(2) As used in this section, the term:(a) “Domestic wastewater” has the same meaning as provided in s. 367.021.(b) “Facility” means any equipment, structure, or other property, including sewerage systems and treatment works, used to provide wastewater services.(c) “Treatment works” has the same meaning as provided in s. 403.031(11).(d) “Wastewater services” means service to a sewerage system, as defined in s. 403.031(9), or service to domestic wastewater treatment works.(3) By June 30, 2022, and every 5 years thereafter, each county, municipality, or special district providing wastewater services shall develop a needs analysis for its jurisdiction over the subsequent 20 years. In projecting such needs, each local government shall include the following:(a) A detailed description of the facilities used to provide wastewater services.(b) The number of current and projected connections and residents served calculated in 5-year increments.(c) The current and projected service area for wastewater services.(d) The current and projected cost of providing wastewater services calculated in 5-year increments.(e) The estimated remaining useful life of each facility or its major components.(f) The most recent 5-year history of annual contributions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components.(g) The local government’s plan to fund the maintenance or expansion of any facility or its major components. The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap.(4) Upon completing the requirements of subsection (3), each municipality or special district shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its service area is located. Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document. The county shall file the compiled document with the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every 5 years thereafter.(5) The Office of Economic and Demographic Research shall evaluate the compiled documents from the counties for the purpose of developing a statewide analysis for inclusion in the assessment due January 1, 2023, pursuant to s. 403.928.(6) This section applies to a rural area of opportunity as defined in s. 288.0656 unless the requirements of this section would create an undue economic hardship for the county, municipality, or special district in the rural area of opportunity.History.—s. 4, ch. 2021-194.
FL Stat § 403.9321 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9321 - Short title.

403.9321 Short title.—Sections 403.9321-403.9333 may be cited as the “Mangrove Trimming and Preservation Act.”History.—s. 1, ch. 95-299.
FL Stat § 403.9322 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9322 - Legislative findings.

403.9322 Legislative findings.—(1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Of this total, over 80 percent are under some form of government or private ownership or control and are expressly set aside for preservation or conservation purposes.(2) The Legislature finds that mangroves play an important ecological role as habitat for various species of marine and estuarine vertebrates, invertebrates, and other wildlife, including mammals, birds, and reptiles; as shoreline stabilization and storm protection; and for water quality protection and maintenance and as food-web support. The mangrove forest is a tropical ecosystem that provides nursery support to the sports and commercial fisheries. Through a combination of functions, mangroves contribute to the economies of many coastal counties in the state.(3) The Legislature finds that many areas of mangroves occur as narrow riparian mangrove fringes that do not provide all the functions of mangrove forests or provide such functions to a lesser degree.(4) The Legislature finds that scientific studies have shown that mangroves are amenable to standard horticultural treatments and that waterfront property owners can live in harmony with mangroves by incorporating such treatments into their landscaping systems.(5) The Legislature finds that the trimming of mangroves by professional mangrove trimmers has a significant potential to maintain the beneficial attributes of mangrove resources and that professional mangrove trimmers should be authorized to conduct mangrove trimming, under certain circumstances, without prior government authorization.History.—s. 2, ch. 95-299; s. 1, ch. 96-206.
FL Stat § 403.9323 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9323 - Legislative intent.

403.9323 Legislative intent.—(1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction.(2) It is the intent of the Legislature that no trimming or alteration of mangroves may be permitted on uninhabited islands which are publicly owned or on lands set aside for conservation and preservation, or mitigation, except where necessary to protect the public health, safety, and welfare, or to enhance public use of, or access to, conservation areas in accordance with approved management plans.(3) It is the intent of the Legislature to provide waterfront property owners their riparian right of view, and other rights of riparian property ownership as recognized by s. 253.141 and any other provision of law, by allowing mangrove trimming in riparian mangrove fringes without prior government approval when the trimming activities will not result in the removal, defoliation, or destruction of the mangroves.(4) It is the intent of the Legislature that ss. 403.9321-403.9333 shall be administered so as to encourage waterfront property owners to voluntarily maintain mangroves, encourage mangrove growth, and plant mangroves along their shorelines.(5) It is the intent of the Legislature that all trimming of mangroves pursuant to this act conducted on parcels having multifamily residential units result in an equitable distribution of the riparian rights provided herein.(6) It is the intent of the Legislature to grandfather certain historically established mangrove maintenance activities.History.—s. 3, ch. 95-299; s. 2, ch. 96-206.
FL Stat § 403.93271 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.93271 - Applicability to multifamily residential units.

403.93271 Applicability to multifamily residential units.—(1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed so that each owner’s riparian view is similarly affected.(2) If it is necessary to trim more than 65 percent of the mangroves along the shoreline in order to provide a water view from each unit, the department or delegated local government may authorize a greater percentage of trimming under s. 403.9327(1)(a). This subsection applies only to property on which multifamily residential units exist as of June 1, 1996.History.—s. 7, ch. 96-206.
FL Stat § 403.9328 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9328 - Alteration and trimming of mangroves; permit requirement.

403.9328 Alteration and trimming of mangroves; permit requirement.—(1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface waters, as defined in chapter 62-340.200(19), Florida Administrative Code, using the methodology in s. 373.4211 and chapter 62-340, Florida Administrative Code, when the trimming does not meet the criteria in s. 403.9326 or s. 403.9327 except under a permit issued under this section by the department or a delegated local government or as otherwise provided by ss. 403.9321-403.9333. Any violation of ss. 403.9321-403.9333 is presumed to have occurred with the knowledge and consent of any owner, trustee, or other person who directly or indirectly has charge, control, or management, either exclusively or with others, of the property upon which the violation occurs. However, this presumption may be rebutted by competent, substantial evidence that the violation was not authorized by the owner, trustee, or other person.(2)(a) The department, when deciding to issue or deny a permit for mangrove alteration or trimming under this section, shall use the criteria in s. 373.414(1) and (8). If the applicant is unable to meet these criteria, the department and the applicant shall first consider measures to reduce or eliminate the unpermittable impacts. If unpermittable impacts still remain, the applicant may propose, and the department shall consider, measures to mitigate the otherwise unpermittable impacts. A request for a permit to alter mangroves must be submitted in writing with sufficient specificity to enable the department to determine the scope and impacts of the proposed alteration activities.(b) The department shall issue or deny a permit for mangrove alteration in accordance with chapter 120 and s. 403.0876.(3) The use of herbicides or other chemicals for the purposes of removing leaves from a mangrove is strictly prohibited.(4) If a local government receives delegation of the department’s authority to regulate mangroves, the delegated local government shall issue permits for mangrove trimming when the trimming does not meet the criteria in s. 403.9326 or for mangrove alteration in lieu of a departmental permit. A delegated local government may impose stricter substantive standards than those of the department for the issuance of a permit authorized by this section but may not prohibit all mangrove trimming.(5) A permit is not required under ss. 403.9321-403.9333 to trim or alter mangroves if the trimming or alteration is part of an activity that is exempt under s. 403.813 or is permitted under part IV of chapter 373. The procedures for permitting under part IV of chapter 373 will control in those instances.History.—s. 8, ch. 95-299; s. 8, ch. 96-206; s. 38, ch. 97-98.
FL Stat § 403.9331 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9331 - Applicability; rules and policies.

403.9331 Applicability; rules and policies.—(1) The regulation of mangrove protection under ss. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with other statutory provisions.(2) Any rule or policy applicable to permits provided for by s. 403.9327 or s. 403.9328 which establishes a standard applicable to mangrove trimming or alteration is invalid unless a scientific basis for the rule or policy is established. Such rules or policies shall not receive a presumption of validity in any administrative or judicial proceeding for review. Any such rule or policy must be demonstrated to substantially advance a fundamental purpose of the statute cited as authority for the rule or policy or shall be invalid.History.—s. 10, ch. 95-299.
FL Stat § 403.9333 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9333 - Variance relief.

403.9333 Variance relief.—Upon application, the department or delegated local government may grant a variance from the provisions of ss. 403.9321-403.9333 if compliance therewith would impose a unique and unnecessary hardship on the owner or any other person in control of the affected property. Relief may be granted upon demonstration that such hardship is not self-imposed and that the grant of the variance will be consistent with the general intent and purpose of ss. 403.9321-403.9333. The department or delegated local government may grant variances as it deems appropriate.History.—s. 55, ch. 84-338; s. 44, ch. 93-213; s. 12, ch. 95-299.Note.—Former s. 403.938.
FL Stat § 403.9334 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9334 - Effect of ch. 96-206.

403.9334 Effect of ch. 96-206.—Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department or any other governmental entity, nor shall it affect any application for permits related to mangrove activities deemed sufficient and substantially complete prior to July 1, 1996.History.—s. 11, ch. 96-206.
FL Stat § 403.9335 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9335 - Short title.

403.9335 Short title.—Sections 403.9335-403.9338 may be cited as the “Protection of Urban and Residential Environments and Water Act.”History.—s. 2, ch. 2009-199.
FL Stat § 403.9336 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9336 - Legislative findings.

403.9336 Legislative findings.—The Legislature finds that the implementation of the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (2008), which was developed by the department in conjunction with the Consumer Fertilizer Task Force, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, will assist in protecting the quality of Florida’s surface water and groundwater resources. The Legislature further finds that local conditions, including variations in the types and quality of water bodies, site-specific soils and geology, and urban or rural densities and characteristics, may necessitate the implementation of additional or more stringent fertilizer management practices at the local government level.History.—s. 3, ch. 2009-199; s. 87, ch. 2010-5.
FL Stat § 403.9337 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9337 - Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.

403.9337 Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.—(1) All county and municipal governments are encouraged to adopt and enforce the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes or an equivalent requirement as a mechanism for protecting local surface and groundwater quality.(2) Each county and municipal government located within the watershed of a water body or water segment that is listed as impaired by nutrients pursuant to s. 403.067, shall, at a minimum, adopt the department’s Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes. A local government may adopt additional or more stringent standards than the model ordinance if the following criteria are met:(a) The local government has demonstrated, as part of a comprehensive program to address nonpoint sources of nutrient pollution which is science-based, and economically and technically feasible, that additional or more stringent standards than the model ordinance are necessary in order to adequately address urban fertilizer contributions to nonpoint source nutrient loading to a water body.(b) The local government documents that it has considered all relevant scientific information, including input from the department, the institute, the Department of Agriculture and Consumer Services, and the University of Florida Institute of Food and Agricultural Sciences, if provided, on the need for additional or more stringent provisions to address fertilizer use as a contributor to water quality degradation. All documentation must become part of the public record before adoption of the additional or more stringent criteria.(3) Any county or municipal government that adopted its own fertilizer use ordinance before January 1, 2009, is exempt from this section. Ordinances adopted or amended on or after January 1, 2009, must substantively conform to the most recent version of the model fertilizer ordinance and are subject to subsections (1) and (2), as applicable.(4) This section does not apply to the use of fertilizer on farm operations as defined in s. 823.14 or on lands classified as agricultural lands pursuant to s. 193.461.History.—s. 4, ch. 2009-199; s. 16, ch. 2012-83; s. 8, ch. 2021-7.
FL Stat § 403.9338 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VII - Miscellaneous Provisions (Ss. 403.90-403.9338)|403.9338 - Training.

403.9338 Training.—(1) The department, in cooperation with the Institute of Food and Agricultural Sciences, shall:(a) Provide training and testing programs in urban landscape best management practices and may issue certificates demonstrating satisfactory completion of the training.(b) Approve training and testing programs that are equivalent to or more comprehensive than the training provided by the department under paragraph (a). Such programs must be reviewed and reapproved by the department if significant changes are made.(2) After receiving a certificate demonstrating successful completion of a department or department-approved training program under this section, a person may apply to the Department of Agriculture and Consumer Services to receive a limited certification for urban landscape commercial fertilizer application under s. 482.1562. A person possessing such certification is not subject to additional local testing.History.—s. 5, ch. 2009-199; s. 96, ch. 2014-17.
FL Stat § 403.9401 (2021)
2021 Florida Statutes|Title XXIX - Public Health|Chapter 403 - Environmental Control|Part VIII - Natural Gas Transmission Pipeline Siting (Ss. 403.9401-403.9425)|403.9401 - Short title.

403.9401 Short title.—Sections 403.9401-403.9425 may be cited as the “Natural Gas Transmission Pipeline Siting Act.”History.—s. 1, ch. 92-284.