5(a) 6The state land planning agency, a state attorney, a county, and a municipality are each authorized to bring an action for injunctive relief, both temporary and permanent, against any person or developer found to be in violation of the provisions of this part or any rules, regulations, or orders issued thereunder.
57(b) 58It shall not be a defense to, or ground for dismissal of, an action for injunctive relief brought by the state land planning agency that it has failed to exhaust its administrative remedies.
91(2) 92ADMINISTRATIVE REMEDIES.94-
95(a) 96If the state land planning agency has reason to believe a violation of this part or any rule, development order, or other order issued hereunder or of any agreement entered into under s. 129380.032(3)130has occurred or is about to occur, it may institute an administrative proceeding pursuant to this section to prevent, abate, or control the conditions or activity creating the violation.
159(b) 160An administrative proceeding shall be instituted by service by the state land planning agency of a written notice of violation upon the alleged violator, by certified mail. The notice shall specify the law, rule, development order, or other order alleged to be violated and the facts alleged to constitute a violation. An order directing cessation or prevention of the conditions or action that caused the notice of violation to be served may be included with the notice. However, no order served with the notice of violation is final and effective until 20 days after the date of service or until the conclusion of a properly requested administrative hearing. A request for an administrative hearing shall be in writing and shall be filed with the clerk of the state land planning agency within 20 days after the date of service of the notice upon the alleged violator. The failure to request an administrative hearing within the 20-day period constitutes a waiver thereof, and the notice of violation and any accompanying corrective order shall become final agency action. The state land planning agency may seek enforcement of its final agency action in accordance with s. 353120.69354or by written agreement entered into with the alleged violator pursuant to s. 367380.032(3)368.
369(c) 370The state land planning agency may institute an administrative proceeding against any developer or responsible party pertaining to any area of critical state concern designated in s. 397380.05, 398s. 399380.055, 400s. 401380.0551, 402or s. 404380.0552405:
4061. 407To enjoin development activity if the damage or injury is caused by the development activity or by a violation of s. 428380.05, 429s. 430380.055, 431s. 432380.0551, 433s. 434380.0552, 435a rule of any governmental agency, or a development order.
4452. 446To require the responsible party to replace or restore a deteriorated, damaged, injured, or otherwise significantly impacted natural, historical, or archaeological resource, major public facility, or area of major public investment if the damage or injury is caused by the development activity or by a violation of s. 494380.05, 495s. 496380.055, 497s. 498380.0551, 499s. 500380.0552, 501a rule of any governmental agency, or a development order.
5113. 512To require the governmental agency to properly administer critical area regulations.
523(d) 524The state land planning agency may institute an administrative proceeding against any developer or responsible party to obtain compliance with s. 545380.06546and binding letters, agreements, rules, orders, or development orders issued pursuant to s. 559380.032(3), 560s. 561380.05, 562s. 563380.06, 564or s. 566380.07567. The state land planning agency may seek enforcement of its final agency action in accordance with s. 585120.69586or by written agreement with the alleged violator pursuant to s. 597380.032(3)598.
History.-s. 3, ch. 74-326; s. 129, ch. 79-190; s. 34, ch. 81-167; s. 34, ch. 83-55; s. 5, ch. 83-308; s. 48, ch. 85-55; s. 57, ch. 93-206; s. 14, ch. 96-416; s. 19, ch. 2018-158.
