[{"data":1,"prerenderedAt":-1},["ShallowReactive",2],{"detail-sidebar-cat-1-en-105":3,"doc-seo-171461-105":53,"doc-detail-171461-en":126},{"code":4,"msg":5,"data":6},0,"success",[7,14,19,24,29,34,39,44,49],{"id":8,"doc_module":9,"doc_module_name":10,"category_name":11,"show_sort_weight":12,"slug":13},11,1,"Template","Presentations",90,"presentations",{"id":15,"doc_module":9,"doc_module_name":10,"category_name":16,"show_sort_weight":17,"slug":18},12,"Resumes",80,"resumes",{"id":20,"doc_module":9,"doc_module_name":10,"category_name":21,"show_sort_weight":22,"slug":23},14,"Invoices",70,"invoices",{"id":25,"doc_module":9,"doc_module_name":10,"category_name":26,"show_sort_weight":27,"slug":28},15,"Posters",60,"posters",{"id":30,"doc_module":9,"doc_module_name":10,"category_name":31,"show_sort_weight":32,"slug":33},16,"Social Media",50,"social-media",{"id":35,"doc_module":9,"doc_module_name":10,"category_name":36,"show_sort_weight":37,"slug":38},17,"Forms",40,"forms",{"id":40,"doc_module":9,"doc_module_name":10,"category_name":41,"show_sort_weight":42,"slug":43},18,"Letters",30,"letters",{"id":45,"doc_module":9,"doc_module_name":10,"category_name":46,"show_sort_weight":47,"slug":48},21,"Paper Templates",5,"papers-templates",{"id":50,"doc_module":9,"doc_module_name":10,"category_name":51,"show_sort_weight":4,"slug":52},158,"General","general-158",{"code":4,"msg":54,"data":55},"ok",{"site_id":56,"language":57,"slug":58,"title":59,"keywords":60,"description":61,"schema_data":62,"social_meta":119,"head_meta":121,"extra_data":123,"updated_unix":125},105,"en","chapter-four-inspections-and-investigations-determining-non-compliance","CHAPTER FOUR - INSPECTIONS AND INVESTIGATIONS - Determining Non-Compliance","","Chapter Four outlines how inspections and investigations support compliance and enforcement decisions. It explains how non-compliance determinations rely on evaluating information from multiple sources, including department records, databases, personnel, site inspections, eyewitness accounts, and detailed inspection documentation such as notes, photographs, and conversation records. It also covers how violations may be identified through permit report review, citizen complaints, or findings by department and other agency staff. The chapter further details jurisdiction, evidentiary elements required to prove violations, and how investigations proceed through preparation, on-site inspection, and documentation.",{"@graph":63,"@context":118},[64,80,101],{"@type":65,"itemListElement":66},"BreadcrumbList",[67,71,74,77],{"item":68,"name":69,"@type":70,"position":9},"https://docshare.wps.com","Home","ListItem",{"item":72,"name":10,"@type":70,"position":73},"https://docshare.wps.com/template/",2,{"item":75,"name":51,"@type":70,"position":76},"https://docshare.wps.com/template/general/",3,{"item":78,"name":59,"@type":70,"position":79},"https://docshare.wps.com/template/chapter-four-inspections-and-investigations-determining-non-compliance/171461/",4,{"url":78,"name":59,"@type":81,"image":82,"author":87,"headline":59,"publisher":90,"fileFormat":93,"inLanguage":57,"description":61,"dateModified":94,"datePublished":95,"encodingFormat":93,"isAccessibleForFree":96,"interactionStatistic":97},"DigitalDocument",{"url":83,"@type":84,"width":85,"height":86},"https://docshare.wps.com/thumbnails/chapter-four-inspections-and-investigations-determining-non-compliance/171461.png","ImageObject",442,249,{"name":88,"@type":89},"Hazel","Person",{"url":68,"name":91,"@type":92},"DocShare","Organization","application/vnd.openxmlformats-officedocument.wordprocessingml.document","2026-09-27","2026-09-01",true,{"@type":98,"interactionType":99,"userInteractionCount":79},"InteractionCounter",{"@type":100},"ViewAction",{"@type":102,"mainEntity":103},"FAQPage",[104,110,114],{"name":105,"@type":106,"acceptedAnswer":107},"How is a non-compliance determination made in the investigation process?","Question",{"text":108,"@type":109},"It is made by evaluating information gathered from diverse sources, including department files and databases, personnel, site inspections, and eyewitnesses. Thorough document and site reviews help build the case.","Answer",{"name":111,"@type":106,"acceptedAnswer":112},"What evidence must the department have to prove a violation?",{"text":113,"@type":109},"The department must have sufficient evidence to prove every element of the violation contained in applicable statutes and rules. For permit violations, it must establish that a valid permit existed, the responsible party had a duty to comply, and the responsible party’s acts or omissions violated the permit.",{"name":115,"@type":106,"acceptedAnswer":116},"How does the investigator determine whether the Department or Board has jurisdiction?",{"text":117,"@type":109},"Jurisdiction depends on whether the Department or the Board has statutory or rule authority over the activity. 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The decision-making processes that are described in Chapters 5 and 6 are based upon the information gathered during the investigation.\nA determination of non-compliance can be made through evaluation of information gathered from diverse sources.  The Department’s files, databases, and personnel as well as site inspections and eyewitnesses are all valuable sources of information and should be thoroughly consulted at the onset of the investigation.  A thorough review of the files and databases will often reveal a history of interaction with the Department that can be a valuable tool during the compliance and enforcement process.  Site-specific information is equally valuable and provides the foundation upon which the case will be built.  Detailed notes, photographs, and conversation records documenting the inspection play a critical role in the development of the case.\nThe discovery of a violation can come to the Department's attention in a number of ways.  It may be discovered upon examination of periodic reports submitted by a permit holder in accordance with the terms of the permit.  A violation may be discovered after a private citizen complains to the Department, either informally or by a verified (sworn) complaint filed with the Department pursuant to Section 403.412, Florida Statutes.  Inspections (routine, aerial, or otherwise) by Department staff may uncover a violation, or other local, state, or federal agency personnel may report a violation to the Department.\nNotice of a possible violation is never enough to establish that a violation has occurred, however.  In deciding whether a violation has occurred, the Department must be sure that it has sufficient evidence to prove every element of the violation, which are contained in the applicable statutes and rules.  For example, Section 403.161, Florida Statutes, provides that it is a violation to fail to comply with a permit.  To prove a permit violation requires that the Department prove (1) that a valid permit exists (or existed at the time of the violation), (2) that the responsible party had the duty to comply with the permit, (3) that the responsible party performed, failed to perform, or was otherwise responsible for the acts that led to the violation of the permit, and (4) that the act or failure to act was, in fact, a violation of the permit.  All these elements must be proven for the Department to prove a violation, and if the permit condition is complicated, then many more elements will be involved.\n4.1  \tJurisdiction\nPrior to initiating an administrative or judicial proceeding against an alleged violator, the investigator must determine whether the Department or Board of Trustees has jurisdiction over the alleged violation.  Jurisdiction over an alleged violation depends on whether the Department or the Board of Trustees has statutory or rule authority over the activity.  Statutes over which the Department has jurisdiction include Chapter 161 (Beaches and Coastal Systems), Chapter 253 (State Lands), Chapter 369 (Aquatic Plants), Chapter 373 (Dredge and Fill), Chapter 376 (Petroleum, Dry Cleaners, and Hazardous Substances), and Chapter 403 (Air and Water Pollution, Drinking Water, Solid Waste, Mangroves).\nSometimes the Department does not have jurisdiction over a problem, even an environmental problem.  For example, some citizen complaints may involve problems over which the Department has little or no control.  These include backyard feuds, naturally occurring concentrations of contaminants, zoning violations, local resentment towards a nearby company and its products, or low concentrations of contaminants (not violations) that may cause illness or allergy to a hypersensitive individual.  Sometimes another state agency may have jurisdiction. Therefore, the investigator must determine whether th","cbCaiagh7Eukf1DL","https://ap.wps.com/l/cbCaiagh7Eukf1DL","docx",44128,37,"English","# CHAPTER FOUR - INSPECTIONS AND INVESTIGATIONS\n## 4.0 Determining Non-Compliance\n## 4.1 Jurisdiction\n## 4.2 Preparation for an On-Site Inspection","[{\"question\":\"How is a non-compliance determination made in the investigation process?\",\"answer\":\"It is made by evaluating information gathered from diverse sources, including department files and databases, personnel, site inspections, and eyewitnesses. Thorough document and site reviews help build the case.\"},{\"question\":\"What evidence must the department have to prove a violation?\",\"answer\":\"The department must have sufficient evidence to prove every element of the violation contained in applicable statutes and rules. For permit violations, it must establish that a valid permit existed, the responsible party had a duty to comply, and the responsible party’s acts or omissions violated the permit.\"},{\"question\":\"How does the investigator determine whether the Department or Board has jurisdiction?\",\"answer\":\"Jurisdiction depends on whether the Department or the Board has statutory or rule authority over the activity. The investigator checks relevant statutory authority and, if needed, consults district staff and the OGC collectively.\"}]","CHAPTER FOUR - INSPECTIONS AND INVESTIGATIONS - Determining Non-Compliance | DOCX",13]