Enforcement of Florida Agency Actions
Section 120.69, Fla. Stat., authorizes substantially interested residents of Florida to seek enforcement of any agency action by filing a petition for enforcement in the circuit court. An agency action may include a rule, a permit, or an order.
The court action may not be commenced if the resident has not given 60 days notice of the alleged violation to the alleged violator, the agency head, and the Attorney General. Also, the court action may not be commenced if the agency has filed, and is diligently prosecuting, a petition for enforcement.
A petition for enforcement may request declaratory relief, temporary or permanent injunctive relief, and any fines or penalties authorized by statute, or in the absence of any authorized fines or penalties, a fine not to exceed $1,000.
The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees and expert witness fees, whenever the court determines that such an award is appropriate.
The court action may not be commenced if the resident has not given 60 days notice of the alleged violation to the alleged violator, the agency head, and the Attorney General. Also, the court action may not be commenced if the agency has filed, and is diligently prosecuting, a petition for enforcement.
A petition for enforcement may request declaratory relief, temporary or permanent injunctive relief, and any fines or penalties authorized by statute, or in the absence of any authorized fines or penalties, a fine not to exceed $1,000.
The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees and expert witness fees, whenever the court determines that such an award is appropriate.
