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Anne Longman
Anne Longman
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Bar #287547(FL)     License for 45 years
Tallahassee FL

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15-004811RX  FLORIDA PROPERTY AND CASUALTY ASSOCIATION, INC. vs FLORIDA HURRICANE CATASTROPHE FUND AND STATE BOARD OF ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Aug. 27, 2015
Pursuant to section 120.56(1)(a), the issues are whether Petitioner and Intervenor are substantially affected by rules requiring that covered insurers report their policyholders' street addresses on Form FHCF-D1A Rev. 05/15 (2015 Data Call), as incorporated by reference in Florida Administrative Code Rule 19-8.029(4)(e), and, if so, whether these rules are an invalid exercise of delegated legislative authority.Rule/form requiring insurers covered by Fla. Hurricane Cat Fund to report street addresses of covered property is invalid for exceeding grant of rulemaking authority and enlarging, modifying or contravening law implemented.
98-003218  SCHOOL BOARD OF CALHOUN COUNTY vs DEPARTMENT OF EDUCATION  (1998)
Division of Administrative Hearings, Florida Filed: Jul. 17, 1998
The issue is whether Petitioner is entitled to any funding, under the Florida Education Finance Program, for those full-time equivalent students whom Petitioner enrolled, taught, and initially reported, in a dropout prevention program, but whom Petitioner later reported in a lower-funded basic program after discovering that these full-time equivalent students exceeded the legislatively imposed enrollment ceiling applicable to the program group of which the dropout-prevention program is a part.Department of Education must fund school district`s over-the-cap special program Full-Time Equivalents as basic education Full-Time Equivalents, rather than zero-fund them.
91-005329RX  JOHN D. REMINGTON AND BARRETT OTT vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 22, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
91-005330RX  IDLEWYLD CORPORATION, INC. vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 22, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
91-005331RX  LOST TREE VILLAGE CORPORATION vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 23, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
91-005334RX  ROGER BRODERICK, THEODORE WATROUS, AND THOMAS MUNZ vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 23, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
91-005335RX  DEPOT KEY JOINT VENTURE PARTNERSHIP AND GEORGE REX ANDREWS vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 23, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
91-005336RX  FLORIDA ELECTRIC POWER COORDINATING GROUP, INC. vs TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (1991)
Division of Administrative Hearings, Florida Filed: Aug. 23, 1991
The Governor and the Cabinet, acting as the trustees of the Internal Improvement Trust Fund (herein Trustees or Respondent) are responsible for protecting the public trust in the management and regulation of submerged sovereignty lands. By virtue of constitutional provisions, the Trustees may only grant leases or easements or convey any such sovereignty property held in public trust when doing so is in the public interest, Article X, Section 11 of the Florida Constitution as amended in 1970. The Trustees, in the process of reviewing applications for the use of sovereignty lands protected by the foregoing constitutional mandate and statutory provisions became concerned that allowing utilization of public lands to encourage, facilitate and enable development of unbridged islands could result in utilization of public lands which would be contrary to the public interest or otherwise not in the public interest. As a result of that concern, the Trustees commissioned Respondent to work in conjunction with other appropriate agencies to formulate and promulgate specific rule amendments regarding permitting of public trust lands for the purpose of facilitating development on coastal islands. Following the Trustees commission, Respondent held a series of workshops to address the concerns and to study the issues presented and formulated the subject proposed rule. During the interim, a temporary moratorium was implemented to defer pending applications regarding such unbridged coastal islands, which proposed rule amendments are now being challenged here by Petitioners. Following the conclusion of Petitioners' case, Respondent moved to dismiss as to all Petitioners for lack of standing and Intervenor Audubon moved for a directed verdict but later abandoned its motion. The motion to dismiss was briefed prior to submission of proposed final orders. That motion, as well as all pending motions, will be ruled upon herein. Petitioners qualified as expert witnesses, Erik Olsen in coastal engineering and civil engineering; James Nicholas in land economics; and Ross McWilliams in biology and marine biology and related state permitting issues. The Trustees qualified as expert witness, George Schmahl in biology, coastal ecology and coastal resource management. Intervenor, Sierra Club, qualified as expert Russell Nelson in fisheries and fisheries management. Intervenor Florida Audubon qualified as expert Mark Benedict in ecology specializing in coastal ecosystems and plant ecology and related natural resource management areas and Bernard Yokel in fisheries biology, estuarine ecology and related water quality impacts. Based on my consideration of the entire record compiled herein, the following relevant facts are found.
83-000082  WILLIAM H. AND PATRICIA H. MELLOR, ET AL. vs. COUNTY LINE DRAINAGE DISTRICT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (1983)
Division of Administrative Hearings, Florida Latest Update: Jun. 21, 1991
Application for permit to use works and lands of district should be granted. Evidence showed rules reasonably assured to be met.

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