Palm Beach FL Administrative law, Land use and zoning and Re -- eLawyers

16-007148 FLORIDA AUDUBON SOCIETY, INC. vs TEXAS HOLD'EM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

16-007149 TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

18-001451 FLORIDA AUDUBON SOCIETY, INC. AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Mar. 20, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

18-002141 FLORIDA AUDUBON SOCIETY, INC., AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

18-001174 GREAT AMERICAN LIFE INSURANCE COMPANY, INC. vs THE BUCCANEER COMMERCIAL UNIT A, CARE OF BENJAMIN SHARFI, TRUSTEE OF THE BENJAMIN SHARFI TRUST 2002; THE BUCCANEER CONDOMINIUM ASSOCIATION OF PALM BEACH SHORES, INC.; THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. (2018)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2018

The issue to be determined is whether Consolidated Environmental Resource Permit No. 50-0147856-003-EI and State-owned Submerged Lands Lease No. 500022746 for a commercial addition to the multi-family residential dock, known as the Buccaneer Condominium Marina, should be issued as proposed in the December 27, 2017, proposed agency action issued by the Department of Environmental Protection (“DEP”) in its own capacity and in its capacity as staff to the Board of Trustees of the Internal Improvement Trust Fund (“BTIITF”). Unless individually identified, the DEP and the BTIITF will be collectively referred to as “the DEP.”The permit applicants met all relevant criteria, including those pertaining to navigation and alleged impairments and hazards thereto, and was entitled to issuance of the ERP and Sovereignty Submerged Land Lease for the Commercial Unit A Dock.

17-006840 BENJAMIN K. SHARFI, TRUSTEE FOR BENJAMIN SHARFI 2002 TRUST; AND THE BUCCANEER CONDOMINIUM OF PALM BEACH SHORES, INC. vs GREAT AMERICAN LIFE INSURANCE COMPANY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND BOARD OF TRUSTEES FOR THE INTERNAL IMPROVEMENT TRUST FUND (2017)

Division of Administrative Hearings, Florida Filed: Dec. 20, 2017

The issue to be determined is whether Consolidated Environmental Resource Permit No. 50-0126380-005-EI and State- owned Submerged Lands Lease No. 500729109 for the Sailfish Marina, North Dock, should be issued as proposed in the June 30, 2017, proposed agency action issued by the Department of Environmental Protection (“DEP”), in its own capacity, and in its capacity as staff to the Board of Trustees of the Internal Improvement Trust Fund (“BTIITF”).The permit applicant met all relevant criteria pertaining to navigation, and alleged impairments and hazards thereto, and was entitled to issuance of the Environmental Resource Permit and Sovereignty Submerged Land Lease for its replacement dock.

15-001559EPP FLORIDA POWER AND LIGHT COMPANY TURKEY POINT POWER PLANT UNITS 3-5 MODIFICATION TO CONDITIONS OF CERTIFICATION vs * (2015)

Division of Administrative Hearings, Florida Filed: Mar. 19, 2015

The issue to be determined in this case is whether the Governor and Cabinet, in their capacity as the Siting Board and pursuant to the Florida Electrical Power Plant Siting Act (“PPSA”), should approve FPL’s request to modify the Conditions of Certification for Units 3, 4, and 5 of the Turkey Point Power Plant in southeast Miami-Dade County.FPL demonstrated that the proposed modification complies with all applicable regulating criteria and with the certification criteria in the Power Plant Siting Act.

15-001746 ATLANTIC CIVIL, INC. vs FLORIDA POWER AND LIGHT COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2015)

Division of Administrative Hearings, Florida Filed: Mar. 26, 2015

The issue to be determined in this case is whether the Administrative Order issued by DEP on December 23, 2014, is a reasonable exercise of its enforcement authority.The Administrative Order issued by the Department is an unreasonable exercise of its enforcement authority because the Order does not require compliance with the law or specify a reasonable time for compliance.

14-001441GM THE SEMINOLE TRIBE OF FLORIDA vs HENDRY COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (2014)

Division of Administrative Hearings, Florida Filed: Mar. 27, 2014

Whether the amendments to the Hendry County Comprehensive Plan adopted on February 25, 2014, by County Ordinance No. 2014- 03, are “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2013).1/Petitioner proved beyond fair debate that the Plan Amendment was not "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.

13-000515 GARY PIRTLE vs ROY D. VOSS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2013)

Division of Administrative Hearings, Florida Filed: Feb. 12, 2013

The issues to be determined are whether Respondent Roy Voss is entitled to an exemption from the requirement to obtain an Environmental Resource Permit (“ERP”) and entitled to “consent by rule” to use sovereignty submerged lands to install five mooring pilings next to his existing dock in Stuart, Florida.The Respondent's installation of mooring pilings did not qualify for an exemption under section 373.406(6), Florida Statutes, or consent by rule under Florida Administrative Code Rule 18-21.005(1)(b), because the pilings created a navigational hazard.

Andrew Joseph Baumann