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John J Fumero
John J Fumero
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Bar #716596(FL)     License for 38 years; Member in Good Standing
Boca Raton FL

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12-001056  CHARLES AND KIMBERLY JACOBS AND SOLAR SPORTSYSTEMS, INC. vs FAR NIENTE II, LLC, POLO FIELD ONE, LLC, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2012)
Division of Administrative Hearings, Florida Filed: Mar. 20, 2012
The issue to be determined is whether the applicants, Far Niente Stables II, LLC; Polo Field One, LLC; Stadium North, LLC; and Stadium South, LLC, are entitled to issuance of a permit by the South Florida Water Management District (SFWMD or District) for the modification of a surface-water management system to serve the 24.1-acre World Dressage Complex in Wellington, Florida.Applicants provided reasonable assurances that the stormwater management system will comply with the established standards, thus the permit should be issued.
11-002816BID  DYNAMIC SOLUTIONS, LLC, A FLORIDA LIMITED LIABILITY COMPANY vs TAMPA BAY ESTUARY PROGRAM, AN INDEPENDENT SPECIAL DISTRICT  (2011)
Division of Administrative Hearings, Florida Filed: Jun. 06, 2011
The issues in this case, a bid protest, are as follows: 1. Whether Respondent, Tampa Bay Estuary Program, an independent special district ("TBEP"), failed to follow the review process as outlined in the Request for Proposals ("RFP") and TBEP's own procurement policies. 2. Whether TBEP failed to properly apply the scoring and review criteria set forth in the RFP. 3. Whether the RFP instructions were followed, whether they lacked certain direction or standards, and whether these failures led to actions that were clearly erroneous, contrary to competition, arbitrary, or capricious. 4. Whether the evaluation committee members acted arbitrarily in scoring, ranking, or making recommendations to the Management Board.Petitioner did not prove that bid process was arbitrary, capricious, or contrary to competition.
10-003318  CITIZENS FOR SMART GROWTH, KATHIE SMITH, AND ODIAS SMITH vs DEPARTMENT OF TRANSPORTATION, MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2010)
Division of Administrative Hearings, Florida Filed: Jun. 16, 2010
The issues are whether to (a) issue an Environmental Resource Permit (ERP) to the Department of Transportation (DOT) and Martin County (County) authorizing construction and operation of a surface water management system to serve a project known as the Indian Street Bridge; (b) issue DOT a letter of modification of ERP No. 43-00785-S authorizing roadway and drainage modifications to the Kanner Highway/Indian Street intersection; and (c) issue DOT a letter of modification of ERP No. 43-01229-P authorizing roadway and drainage modifications to Indian Street between the intersections of Kanner Highway and Willoughby Boulevard.Applicants gave reasonable assurances to prove entitlement to modify an existing surface water management system for a new bridge over the St. Lucie River and associated highway drainage improvements.
10-003316  CITIZENS FOR SMART GROWTH, INC., KATHIE SMITH, AND ODIAS SMITH vs DEPARTMENT OF TRANSPORTATION, MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2010)
Division of Administrative Hearings, Florida Filed: Jun. 16, 2010
The issues are whether to (a) issue an Environmental Resource Permit (ERP) to the Department of Transportation (DOT) and Martin County (County) authorizing construction and operation of a surface water management system to serve a project known as the Indian Street Bridge; (b) issue DOT a letter of modification of ERP No. 43-00785-S authorizing roadway and drainage modifications to the Kanner Highway/Indian Street intersection; and (c) issue DOT a letter of modification of ERP No. 43-01229-P authorizing roadway and drainage modifications to Indian Street between the intersections of Kanner Highway and Willoughby Boulevard.Applicants gave reasonable assurances to prove entitlement to an ERP to construct a surface water management system for a new bridge over the St. Lucie River and associated highway drainage improvements.
10-003317  CITIZENS FOR SMART GROWTH, KATHIE SMITH, AND ODIAS SMITH vs DEPARTMENT OF TRANSPORTATION, MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2010)
Division of Administrative Hearings, Florida Filed: Jun. 16, 2010
The issues are whether to (a) issue an Environmental Resource Permit (ERP) to the Department of Transportation (DOT) and Martin County (County) authorizing construction and operation of a surface water management system to serve a project known as the Indian Street Bridge; (b) issue DOT a letter of modification of ERP No. 43-00785-S authorizing roadway and drainage modifications to the Kanner Highway/Indian Street intersection; and (c) issue DOT a letter of modification of ERP No. 43-01229-P authorizing roadway and drainage modifications to Indian Street between the intersections of Kanner Highway and Willoughby Boulevard.Applicants gave reasonable assurances to prove entitlement to modify an existing surface water management system for a new bridge over the St. Lucie River and associated highway drainage improvements.
94-002722RU  FLORIDA ELECTRIC POWER COORDINATING GROUP, INC.; THE FLORIDA CHAMBER OF COMMERCE, INC.; FLORIDA FARM BUREAU FEDERATION; ASSOCIATION OF FLORIDA COMMUNITY DEVELOPERS; AND FLORIDA HOME BUILDERS ASSOCIATION vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT, ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, SOUTH FLORIDA WATER MANAGEMENT DISTRICT, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (1994)
Division of Administrative Hearings, Florida Filed: May 13, 1994
Whether the following proposed rules are invalid exercises of delegated legislative authority as defined in Subsection 120.52(8), Florida Statutes: 1. Rules 40E-400.417(1)(c), 40E-400.427(1)(b), 40E-431.(1)(g), 40E- 400.475(1)(a), (b), 40E-400.483, and 40E-400.487. Subsections 4.2.4.3(f), (g), (h), (i) of the South Florida Water Management District's Basis of Review. Subsection X.2.7(a) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.2.7(b) of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. Subsection X.3.2.2 of Suwannee River Water Management District's Applicant's Handbook: Environmental Resource Permitting, St. Johns River Water Management District's Applicant's Handbook: Management and Storage of Surface Waters, and South Florida Water Management District's Basis of Review. 6. Rules 62-330.200(1)(d), 62-330.200(2)(h), and 62-330.200(4)(b).Engineer had standing to challenge Environmental Rules Permitting (ERP). Rules are valid.
97-000437  JAMES E. SLATER, AS TRUSTEE, AND ALICIA O`MEARA vs ORANGE COUNTY PARKS AND RECREATION DEPARTMENT AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (1997)
Division of Administrative Hearings, Florida Filed: Jan. 30, 1997
The issue presented for decision in this case is whether Orange County should be granted Environmental Resource Permit (“ERP”) No. 940519-1 for the Keene’s Park and Boat Ramp project (also referred to herein as the "R.D. Keene boat ramp") to be located on Lake Isleworth, part of the Butler Chain of Lakes, an Outstanding Florida Water (“OFW”), pursuant to the permitting criteria of Chapter 373, Part IV, Florida Statutes, Chapter 40E- 4, Florida Administrative Code, and the Basis of Review for Environmental Resource Permit Applications of the South Florida Water Management District (the “District”).Environmental Resource Permit for public boat ramp granted, because construction and operation of ramp will not degrade water quality of the Outstanding Florida Waters on which it will be located.
91-001813EPP  ORLANDO UTILITIES COMMISSION, FLORIDA MUNICIPAL POWER AGENCY, AND KISSIMMEE UTILITY AUTHORITY vs DEPARTMENT OF ENVIRONMENTAL REGULATION AND PUBLIC SERVICE COMMISSION  (1991)
Division of Administrative Hearings, Florida Filed: Mar. 22, 1991
The issues to be determined in this proceeding are whether OUC should receive supplemental certification from the Siting Board for its proposed Unit 2 electrical power plant and associated facilities, including a transmission line and alternate access road, and what conditions, if any, should be incorporated within such supplemental certification to assure that minimal adverse consequences result from the new electrical power plant and associated facilities. The parties have reached substantial agreement on issues of fact and upon conditions of certification necessary to assure compliance with applicable nonprocedural requirements of the agencies having jurisdiction over the project. No party opposes the issuance of the supplemental certification sought by OUC, leaving a single dispute between OUC and SJRWMD as to SJRWMD's proposed condition of certification which would limit OUC's consumptive water use authorization to a ten-year period commencing on the date of certification and would essentially require OUC to reapply for subsequent consumptive use permits for water use thereafter.Intent of Power Plant Siting Act (PPSA) is centralized one-stop permitting. Limiting duration of consumptive water use conflicts with PPSA & St. Johns Regional Water Management District rule. Supplemental Certification.

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