Florida Department of Environmental Protection: mission, authority, and operations

Florida Department of Environmental Protections: Mission, Powers, Budget, And Operations

Environmental issues have been a growing concern for nations around the world over the past several decades, and the United States is no exception. The 1970s saw the passage in Congress of the Clean Water Act and the Clean Air Act, the creation of the federal Environmental Protection Agency, and the Supreme Court's affirmation of the EPA's role in monitoring and regulating environmental issues. These milestones were all huge advancements in environmental regulation and awareness, and are still heralded as such due to the major break with existing patterns that they represented, yet at the same time many felt -- and still feel -- that the EPA is a rather toothless organization and that many businesses still find it easier and cheaper to pollute either legally or illegally, as the fines and punishments put in place for such behavior are generally lighter than the costs of clean operations.

There has been somewhat greater success with the creation of state environmental agencies, which have generally greater latitude than the federal government both in the degree to which they are allowed to regulate business activities and in the they it can take to protect specific areas of land. From creating more stringent emission standards to creating state parks systems that often rival the national parks in size and protection efforts, state environmental agencies have been able to accomplish many more reforms than the federal government when they have been attempted. There are several states that stand as examples in this regard.

Florida is one such state; especially in the area of land preservation and natural habitat protection, the Sunshine State truly outshines most other states and even countries with many of its efforts. Despite continuing battles between protection and development in areas like the Florida Everglades, the state system of parks and trails has won numerous awards and serves as a testament to the state's commitment to environmental protection. With a succinct mission statement of, "more protection, less process," the small-government mentality of the state is clearly a part of its efforts, though they remain highly successful nonetheless. This paper will examine certain basic attributes of the Florida Department of Environmental Protection and illuminate exactly how the agency has been mandated to do what achieves, and how it carries out the practicalities of fulfilling this mandate.

Source of Authority

The Florida Department of Environmental Protection was originally established as the Florida Department of Environmental Regulation in the 1970s, following the passing of the Clean Air and Clean Water Acts by the United States Congress. The current Secretary in charge of the Department, Mimi a. Drew, actually joined the Department in 1977 and was largely responsible for overseeing the administering of the Clean Water Act in the state. Her continued career within the Department has led to numerous recognitions and her experience is a great source of political authority for the Department. This does not mean that the Department and Ms. Drew are entirely able to enforce regulations as they see fit, however.

The primary foundations for the establishment of the Florida Department of Environmental Protection is found in chapter twenty of the Florida statutes, and the major functions of the Department are spread out amongst a multitude of other chapters, many added decades after the Department was initially established. Like most large state agencies, the exact role and authority of the Florida Department of Environmental Protection changes on a fairly regular basis as new laws are passed, repealed, or allowed to expire. The very changing list of statutes affecting the powers and responsibilities of the Department's evidence of the changeable nature of state agencies generally, and tehse issues are exacerbated by the changing economic forces and tides of public opinion regarding environmental issues.

Rule Making Procedures

The great majority of the rules enforced and regulated by the Flrodia Department of Environmental Protection are not actually created by the Department itself, but rather are the result of either specific sections Florida State Code or other laws passed by the Florida legislature. The procedures in this regard are thus quite simple, as in reality they are non-existent to a large extent. The legislature defines, usually with a great deal of clarity and specificity, exactly what the regulations are to be and how far the Department of Environmental Protections is allowed to go in ensuring they will be met. A standard of "reasonable assurance" that laws and environmental regulations will be complied with is often all the Department can demand.

There are also some general duties with which the Florida Department of Environmental Protections has been tasked and that it must continually redefine as far as the specific practices and regulations that these duties create. General mandates to improve the condition of water resources has led to rules regarding the testing of water, the setting of acceptable levels of various elements and chemicals in different waterways and systems depending on a number of environmental factors, and rules regarding detection and enforcement procedures when clean water rules are found to have been violated. Rules regarding air and land pollution have developed along similar lines. Still, even as these rules have been developed through a process of observation, analysis, interpretation, and judicial decisions, they have been constrained by the larger system of rules put in place by the state's legislature that sets clear limits on what the Department is able and supposed to do.

Conclusion

The Florida Department of Environmental Protection does a remarkably efficient job despite its lack of abundant regulatory authority. Its land and waterway purchasing programs have done much to preserve the natural resources of the state both for public enjoyment and for the continued health of Florida altogether. The large annual budget that the Department enjoys is certainly one reason behind its success, but the continued support of the Florida taxpayers and the state's elected and appointed officials is definitely at the heart of its success, as well.