Supreme Court of Florida

South Florida Water Management District, Petitioner v. Rli Live Oak, LLC, Respondent

May 22, 2014139 So. 3d 869

Summary

The Florida Supreme Court held that when the Legislature authorizes a state agency to recover a civil penalty in a court of competent jurisdiction without specifying a burden of proof, the agency must meet only the preponderance of the evidence standard, not clear and convincing evidence, and reversed the Fifth District Court of Appeal’s decision.