466 B.R. 558 (2012) In re Nicole RIVERS, Debtor. No. 3:11-bk-2440-PMG. United States Bankruptcy Court, M.D. Florida, Jacksonville Division. March 12, 2012. *559 Keith D. Collier, Law Offices of Keith D. Collier, Jacksonville, FL, for Debtor. ORDER ON MOTION TO DISMISS PURSUANT TO 11 U.S.C. SECTION 707(b)(1) BASED ON PRESUMPTION OF ABUSE ARISING UNDER 11 U.S.C. SECTION 707(b)(2) AND ABUSE ARISING UNDER 11 U.S.C. SECTION 707(b)(3) PAUL M. GLENN, Bankruptcy Judge. THIS CASE came before the Court for..

432 B.R. 866 (2010) In re Jose Antonio PITTS, Debtor. Jose Antonio Pitts, Plaintiff, v. USA Servicing Company; Sallie Mae Inc.; General Revenue Corporation; Direct Loan Servicing Center; and The United States Department of Education, Defendants. Bankruptcy No. 6:09-bk-19591-KSJ. Adversary No. 6:10-ap-00094-KSJ. United States Bankruptcy Court, M.D. Florida, Orlando Division. July 20, 2010. *867 Jose Antonio Pitts, Saint Cloud, FL, pro se. MEMORANDUM OPINION DENYING THE UNITED STATES DEPARTMENT OF ..

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The issue for determination is whether either of the proposed transmission line corridors for the proposed Lake Agnes-Gifford 230 kV transmission line comply with the criteria in Section 403.529(4), Florida Statutes, and if so, which of those corridors has the least adverse impacts with respect to the criteria in Section 403.529(4), Florida Statutes, including cost. If one of the corridors proper for certification is determined to have the least adverse impacts, the issue is whether certification of that corridor should be approved in whole, with modifications or conditions, or denied. See § 403.529(4) and (5), Fla. Stat. If the two corridors are found to be substantially equal in adverse impacts regarding the criteria in Section 403.529(4), Florida Statutes, including costs, the Siting Board shall certify the Joint Applicants' Preferred Corridor. See § 403.529(5)(c), Fla. Stat.Applicants` proposed corridor for new transmission line in Orange, Polk and Osceola counties was certified as proposed and determined to be superior to the alternate corridor proposed by intervenor.

It is recommended that a corridor be certified which combines segments of two of the proposed corridors.

The issue in this case is whether amendments to the Palm Beach County (County) Comprehensive Plan (Plan) adopted by Ordinance Nos. 2004-34 through 2004-39, 2004-63 and 2004-64 (Amendments) to accommodate the County's development of a biotechnology research park on 1,900 acres known as the Mecca site are "in compliance," as defined in Section 163.3184(1)(b), Florida Statutes.1It was at least fairly debatable that the Plan Amendments to accommodate the County`s Scripps project were "in compliance."

The Site Certification Application to add a combined cycle steam generator at Florida Power & Light`s Turkey Point Electric Power Plant met all land use and zoning requirements.

The issues for determination are whether and the extent to which the properly proposed corridor (the FPL Corridor) for the St. Johns-Pellicer-Pringle 230-kV transmission line (the SJPP Line) complies with the criteria in Section 403.529(4)(a)-(e), Florida Statutes (2005)1, and whether Florida Power & Light's (FPL's) application for corridor certification should be approved in whole, with modifications or conditions, or denied.Florida Power and Light demonstrated that a proposed transmission line from St. Johns County to Flagler County met all statutory requirements and should be certified.

The issues for determination are whether either of the properly proposed corridors (the FPL Corridor or the Alternate Corridor) for the Collier-Orange River #3 230-kV transmission line (the COR #3 Line) comply with the criteria in Section 403.529(4)(a)-(e), Florida Statutes (2003); and, if so, which of the corridors have the least adverse impacts with respect to the criteria in Section 403.529(4)(a)-(e), Florida Statutes, including cost. (All citations are to the 2002 version of the Florida Statutes unless otherwise indicated.) If the Florida Power & Light Company (FPL) Preferred Corridor (FPL Corridor) is determined to have the least adverse impacts, or if the two corridors are determined to be substantially equal in adverse impacts, the Siting Board must determine whether the FPL application for corridor certification should be approved in whole, with modifications or conditions, or denied. § 403.529(4) & (5)(c), Fla. Stat. If it is determined that the Alternate Corridor proposed by Collier Enterprises, Ltd. (CE) and Barron Collier Companies (BCC) has the least adverse impacts, including costs, since this corridor was rejected by FPL for consideration pursuant to Section 403.5271(1)(b), Florida Statutes, certification shall be denied or FPL shall be allowed to submit an amended application to include such corridor. § 403.529(5)(b), Fla. Stat.Florida Power & Light proved by a preponderance of the evidence that its proposed corridor complied with criteria under Section 403.529(4)(a)-(e) and should be certified rather than an alternate corridor proposed by Collier Enterprises and Barron Collier.