Pasco FL Administrative law and Environmental Law Lawyers

14-001420RU PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT (2014)

Division of Administrative Hearings, Florida Filed: Mar. 25, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001421RP PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001443RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

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

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001644RP FLORIDA WILDLIFE FEDERATION, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-005658RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Nov. 26, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

14-006132RP KATHLEEN STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Dec. 29, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

95-001520 WEST COAST REGIONAL WATER SUPPLY AUTHORITY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1995)

Division of Administrative Hearings, Florida Filed: Mar. 30, 1995

The issue in the case is whether applications filed for water use permits for the South Pasco, Section 21, Cosme-Odessa and Northwest Hillsborough Regional Wellfields meet the requirements set forth in Section 373.223(1), Florida Statutes and Rule 40D-2.301(1), Florida Administrative Code, governing issuance of water use permits, and accordingly, whether the water use permits should be granted by the Southwest Florida Water Management District. Additionally, the West Coast Regional Water Supply Authority asserts that a default permit for the Northwest Hillsborough Regional Wellfield should be granted based on the alleged failure of the Southwest Florida Water Management District to take action on the permit application pursuant to the requirements of Section 120.60(1), Florida Statutes.Criteria met for continued water withdrawal at current levels. Baseline for review is existing condition when application is filed.

94-002653 JOHNSTON LITHOGRAPH AND ENGRAVING, INC. vs DEPARTMENT OF MANAGEMENT SERVICES (1994)

Division of Administrative Hearings, Florida Filed: May 09, 1994

The issue for consideration in this case is whether Petitioner, Johnston Lithograph & Engraving, Inc., (Johnston), should be granted minority business enterprise certification by the State of Florida.Petitioner failed to show sufficient ownership and managerial and technical control of business to support Minority Business Enterprise certification.

20-000091 PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND BRADFORD COUNTY, FLORIDA, (2020)

Division of Administrative Hearings, Florida Filed: Jan. 09, 2020

The issue to be determined is whether Bradford County meets the criteria listed in Florida Administrative Code Rule 62-330.051(4)(e) for a road repair exemption.Bradford County was entitled to an exemption for road repair to repair storm damaged S.W. 101st Avenue.

20-003581 SEVEN SPRINGS WATER COMPANY vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT (2020)

Division of Administrative Hearings, Florida Filed: Aug. 12, 2020

The issue is whether the Suwannee River Water Management District (“the District”) should renew Seven Springs Water Company’s (“Seven Springs”) water use permit.Petitioner proved by a preponderance of the evidence that its renewal application should be approved.

Frederick Tracy Reeves