Leon FL Administrative law, Appeals and Environmental Law La -- eLawyers

11-006137RP FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2011)

Division of Administrative Hearings, Florida Filed: Dec. 01, 2011

The issues to be determined in these consolidated cases are whether existing Florida Administrative Code Rule 62-302.530(47)(b) of the Department of Environmental Protection ("Department"), referred to as the "narrative nutrient rule," is an invalid exercise of delegated legislative authority, and whether certain proposed rules of the Department, which amend Florida Administrative Code Chapters 62-302, entitled “Surface Water Quality Standards” and 62-303, entitled “Identification of Impaired Surface Waters,” are invalid exercises of delegated legislative authority.Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.

12-000157RP FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2012)

Division of Administrative Hearings, Florida Filed: Jan. 12, 2012

Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.

94-005742RP CHARLOTTE COUNTY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Oct. 14, 1994

The primary issue in these consolidated cases is whether the proposed Southern Water Use Caution Area ("SWUCA") rules of the Southwest Florida Water Management District (the "District") constitute an invalid exercise of delegated legislative authority. Also at issue in the proceedings is the validity of certain portions of the District's existing water use permitting rules contained in Chapter 40D-2, Florida Administrative Code ("F.A.C."), and the "Basis of Review for Water Use Permit Applications" that the District has adopted by reference in Rule 40D-2.091, F.A.C. Finally, certain policies allegedly utilized by the District in its water use permitting program have been challenged as unpromulgated rules in contravention of Section 120.535, Florida Statutes (1993) ("F.S.").Prop method for calculating min aquifer levels were scientif and statistically sound. Prop method of applying min level was invalid. Existing water use permit rules set forth approp consid but vague. Computer method used as screening tool consti a rule

94-007199RP GBS GROVES, INC., AND CITRUS GROWERS ASSOCIATES, INC. vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Dec. 23, 1994

98-004571RX GARY LANOUE vs DEPARTMENT OF LAW ENFORCEMENT (1998)

Division of Administrative Hearings, Florida Filed: Oct. 12, 1998

The issues in this case are as follows: (1) whether Petitioner has standing to request a formal hearing in this case; and, if so, (2) whether Respondent is in violation of Section 120.54(1), Florida Statutes, for failure to comply with rulemaking requirements with respect to its statements and policies regarding the analysis and approval of the solutions and/or sources of solutions used to test the accuracy of evidentiary breath test instruments utilized in the Implied Consent Program; and (3) whether Rules 11D-8.002(1) and 11D- 8.006(2), Florida Administrative Code, and FDLE/ATP Form 16, which is incorporated by reference, constitute invalid exercises of delegated legislative authority Existing rules, which implement Florida Department of Law Enforcement`s Alcohol Testing Program, do not constitute an invalid exercise of legislative authority.

96-005432CON BEVERLY SAVANA CAY MANOR, INC. vs ARBOR HEALTH CARE COMPANY, HEALTH FACILITIES, INC., D/B/A TRI-COUNTY NURSING HOME, PUTNAM HOSPITAL (1996)

Division of Administrative Hearings, Florida Filed: Nov. 15, 1996

Which one of three Certificate of Need applications for a new nursing facility in AHCA Nursing Home District 3 should be granted: Beverly Savana Cay Manor, Inc.’s; Life Health Care Resources, Inc.’s; or Arbor Health Care Company’s?In comparative review of three CON applications for 120-bed facility in District 3, Citrus County proved to be the best location.

97-002840RX LAKELAND MEMORIAL GARDENS, INC., AND FLORIDA CEMETARY ASSOCIATION, INC. vs BOARD OF FUNERAL AND CEMETARY SERVICES AND TRINITY MEMORIAL GARDENS OF LAKELAND, INC. (1997)

Division of Administrative Hearings, Florida Filed: Jun. 12, 1997

Are Rules 3F-5.004(4)(b)1. and 2., Florida Administrative Code, an invalid exercise of delegated legislative authority?Rules 3F-5.004(4)(b)1. and 2, Florida Administrative Code, determined to be an invalid exercise of delegated legislative authority.

94-000958RU TARPON SPRINGS HOSPITAL FOUNDATION, INC., D/B/A HELEN ELLIS MEMORIAL HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 23, 1994

Whether Rule 59C-1.036 constitutes an invalid exercise of delegated legislative authority, and; Whether the Agency's application form and scoring system utilized in the review of nursing home batch certificate of need applications constitute rules of the Agency as the term "rule" is defined in Section 120.52(16), employed in violation of Section 120.535, Florida Statutes (1993) and; Whether the disputed form and scoring system constitute an invalid exercise of delegated legislative authority.Existing rule invalid, agency statements meet definition of rules and violate Section 120.535. Agency statements are also invalid exercises of legislative authority.

94-000889RU ARBOR HEALTH CARE COMPANY vs AGENCY FOR HEALTH CARE ADMINISTRATION (1994)

Division of Administrative Hearings, Florida Filed: Feb. 18, 1994

Whether the challenged agency statements are unpromulgated rules, whether Respondent (AHCA) has violated the provisions of Section 120.535(1), Florida Statutes, by failing to adopt the challenged agency statements as rules and whether the challenged agency statements are invalid exercises of delegated legislative authority within the meaning of Section 120.56, Florida Statutes. The challenged agency statements are (a) that Section 408.037(2)(a), Florida Statutes, requires that an application for a Certificate of Need list among its "capital projects" other Certificate of Need applications which have been preliminarily denied by the Agency and are the subject of a petition for an administrative hearing (denied-but-in-litigation CON applications), and (b) that failure to list denied-but-in-litigation CON applications constitutes grounds to summarily reject a Certificate of Need application without further review.Agency's application of a statute is not a rule and does not violate 120.535

93-002562CON MANOR CARE OF BOYNTON BEACH, INC., AND MANOR HEALTHCARE CORPORATION vs ARBOR HEALTH CARE COMPANY AND AGENCY FOR HEALTH CARE ADMINISTRATION (1993)

Division of Administrative Hearings, Florida Filed: Aug. 09, 1995

Whether Arbor Health Care Company's certificate of need application to construct a nursing home in Sarasota County meets the minimum content requirements for listing the applicant's capital projects.Applicant has burden to prove compliance with requirement to list capital projects including CONs in litigation and capital expenditure budgets.

Diane Dubois Tremor