Introduction — Why This Road Map Exists
In a healthy system, a farming family should not need to learn administrative law, civil rights procedures, or federal complaint rules just to keep working their land and protecting their livelihood.
This road map exists because residents often face a cycle of referrals and denials:
the County says “the State is responsible,” the State says “talk to the County,” and families are left trapped inside an enforcement loop.
This guide explains how to turn those “we can’t help you” letters into something the law recognizes:
a formal record that forces decision-makers to answer in writing, under rules, and under review — instead of through informal pressure.
What You Are Actually Doing (In Plain Language)
- You are not asking for favors. You are demanding lawful process when government action affects your property, your farm operations, and your livelihood.
- You are converting informal power into reviewable decisions. Once the decision is “on the record,” it can be challenged, audited, and tested.
- You are forcing accountability upward. If one office refuses, the refusal itself becomes evidence and a trigger for the next level of oversight.
These steps are “unfortunate” because they require time, documentation, and persistence — but they are necessary because rights do not protect themselves.
When the system relies on confusion, delay, and redirection, the countermeasure is a disciplined paper trail:
letters, denials, petitions, and complaints that cannot be ignored without consequences.
The purpose is simple: to help residents reclaim what is naturally expected in a free society — the ability to farm,
to protect your livelihood, to be left in peace unless government has lawful cause, and to receive transparent, lawful government when agencies act against a family’s land.
Written Escalation Flowchart (Start to Finish)
Treat every written denial, citation, or “we don’t have jurisdiction” response like a clock started.
Deadlines differ depending on the exact notice and forum; this flowchart is designed to keep residents moving and prevent missed time limits.
Step 1 (Lowest Level)
Start the Record: Written Requests + Written Responses
Immediately
Send a short written request asking: (a) the legal basis for the action or refusal, (b) who made the decision,
and (c) whether the position is final. Save everything: emails, letters, inspection dates, photos, names, and any pressure to “sign.”
Goal: Convert informal pressure into written statements that can be challenged and reviewed.
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Step 2
State Denial Track: Administrative Hearing (Florida Administrative Procedure Act)
Often ~21 days
If a state agency (for example, Florida Department of Environmental Protection or
Florida Department of Agriculture and Consumer Services)
denies jurisdiction or refuses to act in writing, treat it as a reviewable decision and move fast under
Florida Statutes § 120.569 and Florida Statutes § 120.57
by filing at the Florida Division of Administrative Hearings.
Plain meaning: You are asking an independent Administrative Law Judge (a neutral state hearing judge) to require the agency to explain its refusal under legal procedure.
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Step 3
County Continues: Oversight Failure Record
Build the evidence
If county enforcement (e.g., Miami-Dade County Department of Environmental Resources Management) continues while the State refuses involvement,
preserve denials and any “go talk to the County” redirections. Document the breakdown in oversight using
Florida Statutes § 20.055.
Plain meaning: Florida created oversight offices for a reason. If the oversight office refuses to act, the refusal becomes proof that the internal oversight system failed.
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Critical Fork
County Asserts Land Must Function as Wetlands
Record the choice
If the County continues to assert that agricultural land must function as wetlands
for Everglades restoration purposes — while blocking farming, structures, or residence —
the County must identify the lawful authority for permanently converting private land to a public environmental function.
Plain language: Government cannot freeze land forever without paying for it.
If the land is truly needed for restoration, federal acquisition law applies.
Legal trigger: Public Law 101-229 (Everglades acquisition authority).
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Step 4
Federal Trigger Track (Federal Funding + Civil Rights Rules)
Do not delay
If county enforcement is connected to federal funding, federal programs, or federal assistance, and the enforcement is unequal, abusive, or denies meaningful access,
file a Title VI complaint with the U.S. Environmental Protection Agency’s Office of External Civil Rights Compliance
under Title VI (42 U.S.C. § 2000d).
Plain language: If federal money is involved, the county may have to follow federal civil-rights rules. If enforcement targets a vulnerable family or treats similar farms differently,
you can ask the federal government to investigate the program that receives the money.
What you show: your timeline + copies of notices/inspections + how you were treated + examples of similar parcels treated differently + how the enforcement harmed your farm or livelihood.
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Step 5
Federal Agency Action: Federal Administrative Procedure Act (Court Review)
Deadlines vary (act fast)
If a federal agency takes action that affects your land (or uses county records to justify federal decisions),
you may be able to challenge that federal action under
the federal Administrative Procedure Act (5 U.S.C. Chapter 7).
Plain language: This is the rule that allows a federal court to review certain federal agency actions. If the federal agency’s action is unfair, unlawful, or based on wrong records,
court review may be possible.
What you do: Save every federal letter, email, decision, permit, and the county records the federal agency relied on. The paper trail is the case.
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Step 6 (Top Escalation)
Executive + Legislative Escalation (Governor + Oversight + Committees)
Use your record
Once you have written denials and at least one formal filing, you can escalate with credibility.
The reason is simple: you are no longer making accusations — you are presenting a documented record of refusals, redirections, and harm.
Plain language: Officials respond faster when you show: (1) you asked, (2) you were denied in writing, (3) you used the legal process available, and (4) the problem continued anyway.
EXAMPLE 1 — STATE AGENCY DENIAL → ADMINISTRATIVE HEARING
Scenario
A farmer requests written assistance or intervention from the
Florida Department of Environmental Protection
regarding county wetlands enforcement on agricultural land. The agency responds in writing:
This matter falls outside our jurisdiction and should be addressed with the County.
What That Denial Means (Legally)
- the agency will not step in,
- the farmer remains exposed to county enforcement,
- and the agency has taken a written position about its authority.
Plain language: That written “no” is important. It can become the paper you use to force a hearing and make the agency explain itself under legal rules.
What the Farmer Does Next (Path)
Step 1
File a Petition for Administrative Hearing
File under:
- Florida Statutes § 120.569
- Florida Statutes § 120.57
Filed with: Florida Division of Administrative Hearings
Who decides: an
Administrative Law Judge (a neutral state hearing judge).
What This Process Establishes
- the denial is reviewable,
- the agency must explain its position on the record,
- and the record can be used for higher escalation.
Result:
Once this record exists, the County loses the ability to claim: “The State declined involvement.”
EXAMPLE 2 — AGRICULTURAL ASSISTANCE DENIED → STATE ACCOUNTABILITY RECORD
Scenario
A farmer requests assistance from the
Florida Department of Agriculture and Consumer Services.
The agency replies:
We do not intervene in local environmental enforcement matters.
Plain language meaning
The agency is telling you “we won’t help.” That written refusal can be preserved and used to build accountability and escalation.
What the Farmer Does Next (Path)
Step 1
File an Administrative Hearing Petition
Use:
- Florida Statutes § 120.569
- Florida Statutes § 120.57
Filed with: Florida Division of Administrative Hearings
Who decides: an
Administrative Law Judge.
EXAMPLE 3 — COUNTY ENFORCEMENT CONTINUES → STATE OVERSIGHT FAILURE
Scenario
County enforcement by Miami-Dade County Department of Environmental Resources Management continues while State agencies refuse involvement.
Oversight is contacted and responds:
Please address your concerns directly with Miami-Dade County.
Plain language meaning
The oversight office is sending you back to the same government unit you complained about. That response becomes evidence.
What the Farmer Does Next (Path)
Step 1
Save the response — it becomes proof that oversight refused to act.
Step 2
Document the failure citing Florida Statutes § 20.055.
EXAMPLE — WETLAND ASSERTION → FEDERAL ACQUISITION OBLIGATION
Scenario
Miami-Dade County continues to treat agricultural land as wetlands essential to Everglades restoration,
while denying agricultural structures, housing, or continued productive use.
No lawful wetlands delineation has been performed under statewide standards, and no state delegation exists.
What That Assertion Means (Legally)
- The County is treating private land as functionally public environmental land,
- Use and value are being restricted indefinitely,
- No acquisition or compensation process has been initiated.
Plain language: If the government truly needs private land for Everglades restoration,
federal law requires acquisition and compensation — not endless restriction.
What the Property Owner Does Next (Path)
Step
Invoke the Acquisition Fork (Record-Building)
Ask the County and State to identify whether federal acquisition authority applies, including
Public Law 101-229,
and to explain why condemnation, compensation, and relocation protections have not been initiated.
What This Establishes
- The government must choose: allow lawful use or initiate acquisition,
- “Regulate forever, pay nothing” is not lawful,
- The record preserves property-rights and relocation issues if enforcement continues.
EXAMPLE 4 — UNEQUAL ENFORCEMENT → FEDERAL CIVIL RIGHTS COMPLAINT
Scenario
An elderly, Spanish-speaking farming family is repeatedly inspected and pressured to sign documents they do not understand,
while similarly situated parcels are not enforced. County enforcement is connected to federal programs or federal funding.
What the Farmer Does Next (Path)
Step 1
File a Title VI Civil Rights Complaint
Filed with: EPA Office of External Civil Rights Compliance
Authority: Title VI (42 U.S.C. § 2000d)
Plain language: You are asking the federal government to check whether federal money is supporting unequal or abusive enforcement.
EXAMPLE 5 — FEDERAL AGENCY RELIANCE ON LOCAL RECORDS → FEDERAL COURT REVIEW
Scenario
A federal agency relies on county enforcement records to justify federal involvement or decisions affecting land use.
What the Farmer Does Next (Path)
Step 1
Challenge Federal Action Under the Federal Administrative Procedure Act
Authority: 5 U.S.C. Chapter 7 (Judicial Review)
Against: U.S. Environmental Protection Agency or U.S. Army Corps of Engineers
SUMMARY
When a farmer requests help and the government says “no” in writing, that “no” becomes a legal event.
Written refusals and redirections can be used to force a hearing, trigger oversight, or start federal review.
Each step builds a record that pushes accountability upward and prevents unlawful enforcement from staying hidden behind informal pressure.