DEP Regulatory Enforcement Organization Secretary, Deputy Secretary and Assistant Deputy Secretary for Regulatory Programs; Division Directors; Districts; Duties and Responsibilities of District Staff; OGC; Enforcement Section of the OGC, Other Governmental Entities
Enforcement Options Introduction; First Step Options; Options Following the Issuance of a Compliance Assistance Offer; Options Following the Issuance of a Warning Letter; Options Following the Issuance Consent Order; Options Following the Submittal of a of a Notice of Violation; Options Following the Issuance of a Final Order or a Case Report to OGC; Options Following the Entry of a Consent Final Judgment or Final Judgment
Inspections and Investigations Determining Non-Compliance; Investigation; Preparation for an On-Site Inspection; Regulatory Inspections - Obtaining Site Access; Site Access - Statutory Authority; Site Access - Permission; Site Access Permission by Owner, Operator or Person in Charge - Express Permission; Site Access Permission by Owner, Operator or Person in Charge - Implied Permission; Judicial Permission for Site Access; Inspection Warrant; Litigation Seeking Site Access; Site Access During Litigation; On-Site Inspection; Violation Corrected; Documenting the Inspection (Post-Inspection Reporting); Witnesses; Previous Enforcement Actions and Permits; Pictures; Ongoing Violation; Jurisdiction, Description of Violation, and Citation of Statutes or Rules Violated; Location; Obtaining Legal Descriptions; Responsible Parties; State Corporate and Partnership Information; Operational and Maintenance Factors; Sampling and Analysis; Technical Support for Criminal Violations; Search Warrants; General Sampling and Analysis Information; Photography; Videotaped Evidence; Measurement and Mapping
The Administrative Process and Remedies Nature of the Administrative Process; Warning Letter; The Notice of Violation; The Notice of Violation Subsections; The Orders for Corrective Action Section; The Notice of Rights Subsection; Model NOVs; The Consent Order; Short Form Consent Order; Model Consent Orders; Long Form Consent Orders; Findings of Fact and Conclusions of Law; The Ordered Section; The Notice of Rights Section; The Administrative Process; Service of the NOV; Informal Conference; Request for Hearing; Costs and Expenses Which May Be Included in a Consent Order or Notice of Violation; Conditions Under Which Other Costs and Expenses May Be Included or Recovered; Determination of the Costs of Those Persons Employed by the Department; Documentation of Costs; Determination of Costs for Settlements; Special Master Procedures; Mediation; Agreeing to Mediation; Mediation of Administrative Disputes; Preparation for Mediation; The Mediation Conference; The Conclusion
The Judicial Process and Remedies Introduction; The Decision-Making Process Before Taking Judicial Action; Nature and Seriousness of the Violation; Remedies Sought; Likelihood of Responsible Party Complying with a Final Order; Issues Likely to be in Dispute; Local Judges’ Records on Environmental Cases; Review and Approval Process Before Taking Judicial Action; Available Enforcement Remedies; Injunctive Relief; Civil Penalties; Damages; Case Report; Priority Enforcement Litigation; Complaint; Petition for Enforcement; Venue; Service of Process; Motions and Answers; Discovery; Settlement; Mediation; Pre-Trial and Trial; Post-Judgment Enforcement; Appeals; Collections; Accounts; Duty to Collect; Authority to Settle; Records; Initial Efforts to Collect; Referral; OGC Collection Mechanisms; Additional Enforcement Proceedings; Setoff; Bankruptcies; Notice; Department’s Interest; Effect of Filing Bankruptcy; Department’s Response to the Filing of Bankruptcy; Parallel Proceedings; Discharge; Subsequent Actions
Litigation Procedures Introduction; Communication with the Opposing Lawyer and Party; Public Records; Exemptions from the Public Records Act; Trade Secrets; Confidential Informants; Attorney "Work Product"; Criminal Investigation Documents; Draft Documents; Subpoenas; Preparation for Hearing; Before Testifying; Day of the Hearing; When You Are On the Stand
Data Management A Summary of the Legal Case Tracking System (LCTS); Codes for Receipts Written for Money Collected from Enforcement Actions; A Summary of the Compliance and Enforcement Tracking System (COMET)
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.