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Developer was granted a dredge and fill permit by State Agency. The permit required the Developer to notify State Agency 48 hours before dredging, and to install turbidity curtains around the shoreline. Guess what? Developer didn't notify State Agency, and didn't install the turbidity curtains. Did Developer get a slap on the wrist and a strong finger wagging? No. the state determined that Developer willfully failed comply with the permit conditions. Under the Florida law, that's a crime.
Developer argued that the law was unconstitutional because the State Agency, an administrative agency, could determine the elements of a crime, by creating the permit conditions. Usually, only the legislature can determine the elements of a crime.
The court decided that the statute was constitutional, as long as under the law, failure to comply with any permit condition was a crime. The State Agency is otherwise free to impose permit conditions.
The moral of the story: Pay the man. Avatar Development Corp. v. State, 723 So.2d 199 (Fla. 1998). |
