Leon FL Administrative law, Land use and zoning and Oil and -- eLawyers

10-000516 ROLAND GUIDRY AND OCEANIA OWNER'S ASSOCIATION, INC. vs OKALOOSA COUNTY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2010)

Division of Administrative Hearings, Florida Filed: Feb. 02, 2010

Whether the Sherry Petitioners have standing to initiate the proceeding in Case No. 10-0515? Whether the Oceania Petitioners have standing to initiate the proceeding in Case No. 10-0516? Whether the MACLA Intervenors have standing to intervene? Whether the Department should enter a final order that issues the JCP, the Variance and the SSL Authorization?Department of Environmental Protection should issue Joint Coastal Permit, Variance and Sovereign Submerged Lands Authorization to Okaloosa County for the Western Destin Beach restoration project.

09-002928RX BERNARD MONTGOMERY MYERS vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2009)

Division of Administrative Hearings, Florida Filed: May 28, 2009

The issues in this case are the validity of Florida Administrative Code Rules 18-14.003(4) and 18-21.004(1)(g)-(h) and (7)(i),1 and an alleged unadopted rule prohibiting fish cleaning stations over sovereign submerged land (SSL); and Petitioner's claim to an award of attorney's fees and costs under Section 120.595(3)-(4), Florida Statutes.2Rules for managing state lands were within statutory authority; no agency statements required to be adopted as rules.

04-002960 SAVE OUR BEACHES, INC., AND STOP THE BEACH RENOURISHMENT, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, CITY OF DESTIN, AND WALTON COUNTY (2004)

Division of Administrative Hearings, Florida Filed: Aug. 20, 2004

The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application of the City of Destin (City) and Walton County (County) for a Consolidated Joint Coastal Permit (JCP) and Sovereign Submerged Lands Authorization (Application) to restore a 6.9 stretch of beach in the City and County.Reasonable assurance on water quality was given, with no unreasonable infringement of riparian rights. Recommend approval of the beach restoration.

04-003261 STOP THE BEACH RENOURISHMENT, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2004)

Division of Administrative Hearings, Florida Filed: Sep. 17, 2004

The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application of the City of Destin (City) and Walton County (County) for a Consolidated Joint Coastal Permit (JCP) and Sovereign Submerged Lands Authorization (Application) to restore a 6.9 stretch of beach in the City and County.Reasonable assurance on water quality was given, with no unreasonable infringement of riparian rights. Recommend approval of the beach restoration.

05-000130 SIERRA CLUB, INC. vs FCC PARTNERS LP, LTD, PLAZA PARTNERS GROUP LP, LTD, PYRAMID PARTNERS GROUP LP, LTD AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2005)

Division of Administrative Hearings, Florida Filed: Jan. 14, 2005

The ultimate legal and factual issue in this matter is whether FCC Partners LP, LTD, et al. (collectively FCC) has provided the St. Johns River Water Management District (District) with reasonable assurances that the activities it proposes to conduct for construction and operation of a surface water management system for a commercial and residential project and alteration of two surface water management systems to implement a wetland mitigation plan pursuant to Environmental Resource Permit (ERP) Application No. 4-031-17237-4 (the Permit), meet the conditions for issuance of permits established in Chapter 373, Florida Statutes, Florida Administrative Code Rules 40C-4.301 and 40C-4.302 and the District’s Applicant’s Handbook: Management and Storage of Surface Water (A.H.).The applicant provided reasonable assurances that its project complies with the applicable provisions of Florida Administrative Code Rules 40C-4.301 and 40C-4.302, Chapter 373, Florida Statutes, and the Applicant`s Handbook.

05-000131 ST. JOHNS RIVERKEEPER, INC. vs FCC PARTNERS LP, LTD, PLAZA PARTNERS GROUP LP, LTD, PYRAMID PARTNERS GROUP LP, LTD AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2005)

Division of Administrative Hearings, Florida Filed: Jan. 14, 2005

The ultimate legal and factual issue in this matter is whether FCC Partners LP, LTD, et al. (collectively FCC) has provided the St. Johns River Water Management District (District) with reasonable assurances that the activities it proposes to conduct for construction and operation of a surface water management system for a commercial and residential project and alteration of two surface water management systems to implement a wetland mitigation plan pursuant to Environmental Resource Permit (ERP) Application No. 4-031-17237-4 (the Permit), meet the conditions for issuance of permits established in Chapter 373, Florida Statutes, Florida Administrative Code Rules 40C-4.301 and 40C-4.302 and the District’s Applicant’s Handbook: Management and Storage of Surface Water (A.H.).The applicant provided reasonable assurances that its project complies with the applicable provisions of Florida Administrative Code Rules 40C-4.301 and 40C-4.302, Chapter 373, Florida Statutes, and the Applicant`s Handbook.

01-002114RP THOMAS D. MCGILL, RONALD J. PRITCHARD, DANIEL J. DVORAK, ROBERT H. ATKINS, AND RUSSELL P. GENTILE vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (2001)

Division of Administrative Hearings, Florida Filed: May 31, 2001

The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

01-002197RP STANDING WATCH, INC.; JIM KALVIN; THOMAS MASON; DOUGLAS P. JAREN; AND STOWELL ROBERTSON vs FISH AND WILDLIFE CONSERVATION COMMISSION (2001)

Division of Administrative Hearings, Florida Filed: Jun. 04, 2001

The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

01-002198RP SEA RAY BOATS, INC. vs FISH AND WILDLIFE CONSERVATION COMMISSION (2001)

Division of Administrative Hearings, Florida Filed: Jun. 04, 2001

The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

01-003992 SAVE THE MANATEE CLUB, INC., vs SEA RAY BOATS, INC., AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (2001)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2001

The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

D. Kent Safriet