"Intervene" Means "Intervene": The Florida Legislature Revises Citizen Standing Under F.S. §403.412(5)
The Florida Bar Journal
November 1, 2002
Lawrence Sellers- Tallahassee
One of the most controversial bills enacted during the 2002 Regular Session affects both administrative and environmental law by revising the standing afforded citizens to challenge environmental permitting decisions under F.S. §403.412(5). This measure, §9 of HB 813,1 revises the statute to effectively overrule prior judicial decisions that had interpreted §403.412(5) to provide virtually “automatic standing” to citizens and Florida environmental interest groups to initiate administrative proceedings under Florida’s Administrative Procedure Act (APA). The bill expressly provides that §403.412(5) does not authorize a citizen to initiate (or request or petition for) an administrative proceeding under §120.569 or §120.57 of the APA.
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