Explosive Population Growth and Less Oversight of Polluters

 Funding cuts in Florida’s 2024-25 budget will make it difficult for the Florida Department of Environmental Protect (FDEP) will lead to less oversight of polluters and a rollback of important environmental enforcement activities. A decline in enforcement has occurred during a time of explosive population growth.
 
FDEP uses Consent Orders to bring permit holders back into compliance once a company has been identified as being in violation of the permit. Final Orders, Model Consent Orders and Short Form Consent Orders are used by FDEP
 
Model Consent Orders are based on a fill in the blank order form and are used extensively by FDEP.  

Short Form Consent Orders are used when civil penalties are not being sought against the company. Short Forms are like paying a traffic ticket. 
 
Consent Orders are usually not publicly noticed. FDEP has a policy that public notice is given only for Consent Orders covering activities of “heightened public interest.” “Heightened public interest” is determined solely by FDEP. 

Consent Orders do not receive the same degree of public review as an issuance of a permit. A consent order can be modified without any knowledge or involvement in the public process. 

According to the Public Employees for Environmental Responsibility (PEER) 2023 Report on Enforcement Efforts by the Florida Department of Environmental Protection states: 
 
State records show Florida’s environmental enforcement actions are well below historical averages and have declined significantly in the last three years of the DeSantis administration.
 
Florida DEP enforces a wide array of laws that protect the state’s environment and the health of its residents. These include laws protecting air resources from industrial pollution; the quality of Florida’s water, rivers, lakes, estuaries, and wetlands; the state’s beach and dune systems; and the environment from the improper handling and disposal of solid and hazardous wastes.
 
Florida’s lack of enforcement of environmental laws threatens the state’s water quality and its long-term economic health, including revenue from tourism. Stronger enforcement of environmental laws will help address Florida’s environmental crises.
 
A review of the Final Orders issued in Manatee and Sarasota counties from January 1, 2020, to June 20, 2024, lists 35 Final Orders issued for Sarasota and 58 for Manatee County.

ManaSota-88 recommends that State law be passed requiring public notice of all Consent Orders. In this manner, it will not be just FDEP policy but also the law. Such a law would ensure that necessary public scrutiny of the FDEP's actions occurs. State law should prevent industries from writing their own regulations in private sessions with state environmental representatives. Negotiations with polluters should be open and like a public hearing process.