1. Pursuant to the Florida Administrative Procedure Act and the Florida Constitution, I hereby respectfully petition for an emergency rulemaking for FDEP to “fill in the blanks” of its 2003 enforcement manual section on criminal referrals. For six (6) years, FDEP has been guilty of having no guidance for criminal referrals for FDEP professionals enforcing environmental laws. Who will heed an “uncertain trumpet.” There is a strong public interest in seeing that polluters are prosecuted and no longer mollycoddled. See, e.g., Folio Weekly article of December 22, 2009, stating inter alia:
"NOTHING TO SEE HERE
'NOTE: This chapter is in the process of being updated.'
-- From the criminal prosecution chapter of the 2003 state Department of Environmental Protection's Enforcement Manual. When St. Augustine environmental activist Ed Slavin asked where the update was, DEP's Christine Francescani wrote, 'Good question. The Department does not currently have anything more recent than what you quoted.' Maybe that explains why DEP never prosecutes polluters?"
2. Please E-mail me all paper and electronic records involving:
A. Prior iterations of the criminal referral chapter;
B. The history of this section being removed;
C. All drafts, discussions, long range strategic plans or proposals about whether or not to restore
the chapter;
D. Who proposed what and when on this chapter for the last six (6) years.
Thank you.
Sincerely,
Ed Slavin
Clean Up City of St. Augustine, Florida
www.cleanupcityofstaugustine.blogspot.com
P.O. Box 3084
St. Augustine, Florida 32085
904-829-3877
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