Leon FL Administrative law, Environmental Law and Government -- eLawyers

04-002250RX OCEAN PROPERTIES, LTD. vs PUBLIC SERVICE COMMISSION (2004)

Division of Administrative Hearings, Florida Filed: Jun. 25, 2004

The issue is whether Florida Administrative Code Rule 25-6.109(4)(a), constitutes an invalid exercise of delegated legislative authority as defined in Sections 120.52(8)(b) and 120.52(8)(c), Florida Statutes.The rule challenge is dismissed because it sought to attack the rule`s application instead of the rule`s facial invalidity.

05-003200 JEANNE S. HOFFMAN, ON BEHALF OF ROY HOFFMAN, JR., DECEASED vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2005)

Division of Administrative Hearings, Florida Filed: Sep. 01, 2005

The primary issue in this case is whether Petitioner is entitled to receive an early retirement benefit pursuant to Sections 121.091(3)(b) and 121.091(7)(b), Florida Statutes, based on an effective retirement date of February 1, 1996.Petitioner is entitled to receive an early retirement benefit pursuant to Sections 121.091(3)(b) and 121.091(7)(b), Florida Statutes, based on an effective retirement date of February 1, 1996.

05-003679 JEANNE S. HOFFMAN vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2005)

Division of Administrative Hearings, Florida Filed: Oct. 10, 2005

The primary issue in this case is whether Petitioner is entitled to receive an early retirement benefit pursuant to Sections 121.091(3)(b) and 121.091(7)(b), Florida Statutes, based on an effective retirement date of February 1, 1996.Petitioner is entitled to receive an early retirement benefit pursuant to Sections 121.091(3)(b) and 121.091(7)(b), Florida Statutes, based on an effective retirement date of February 1, 1996.

02-004137 FLORIDA LOW INCOME HOUSING ASSOCIATES, INC. vs FLORIDA HOUSING FINANCE CORPORATION (2002)

Division of Administrative Hearings, Florida Filed: Oct. 22, 2002

All cases involve loan funding in the 2002 funding cycle for the HOME Rental program. The issue in DOAH Case No. 02-4137 is whether Respondent properly determined that Petitioner's application for the Magic Lake Villas development failed to meet the applicable scoring threshold. If Petitioner fails to prevail in DOAH Case No. 02-4137, DOAH Case No. 02-4594 is moot. If Petitioner prevails in DOAH Case No. 02-4137, the issue in DOAH Case No. 02-4594 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of the Magic Lake Villas application. The issue in DOAH Case No. 02-4726 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of Petitioner's application for another development, Magnolia Village. The 2002 funding cycle is closed, so, pursuant to Rule 67-48.005(4), Florida Administrative Code, Petitioner's application or applications would be included in the 2003 funding cycle, if it prevails in DOAH Case No. 02-4594 or 02-4726.FHFC found Home Rental applicant did not meet threshold and did not show development experience similar in magnitude, but improperly bumped applicant when it erroneously credited another applicant with points for match.

02-004594 FLORIDA LOW INCOME HOUSING ASSOCIATES, INC. vs FLORIDA HOUSING FINANCE CORPORATION (2002)

Division of Administrative Hearings, Florida Filed: Nov. 27, 2002

All cases involve loan funding in the 2002 funding cycle for the HOME Rental program. The issue in DOAH Case No. 02-4137 is whether Respondent properly determined that Petitioner's application for the Magic Lake Villas development failed to meet the applicable scoring threshold. If Petitioner fails to prevail in DOAH Case No. 02-4137, DOAH Case No. 02-4594 is moot. If Petitioner prevails in DOAH Case No. 02-4137, the issue in DOAH Case No. 02-4594 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of the Magic Lake Villas application. The issue in DOAH Case No. 02-4726 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of Petitioner's application for another development, Magnolia Village. The 2002 funding cycle is closed, so, pursuant to Rule 67-48.005(4), Florida Administrative Code, Petitioner's application or applications would be included in the 2003 funding cycle, if it prevails in DOAH Case No. 02-4594 or 02-4726.FHFC found Home Rental applicant did not meet threshold and did not show development experience similar in magnitude, but improperly bumped applicant when it erroneously credited another applicant with points for match.

02-004726 FLORIDA LOW INCOME HOUSING ASSOCIATES, INC. vs FLORIDA HOUSING FINANCE CORPORATION (2002)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2002

All cases involve loan funding in the 2002 funding cycle for the HOME Rental program. The issue in DOAH Case No. 02-4137 is whether Respondent properly determined that Petitioner's application for the Magic Lake Villas development failed to meet the applicable scoring threshold. If Petitioner fails to prevail in DOAH Case No. 02-4137, DOAH Case No. 02-4594 is moot. If Petitioner prevails in DOAH Case No. 02-4137, the issue in DOAH Case No. 02-4594 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of the Magic Lake Villas application. The issue in DOAH Case No. 02-4726 is whether Respondent's rescoring of the application of the competing developer of the Brittany Bay development erroneously placed the Brittany Bay application ahead of Petitioner's application for another development, Magnolia Village. The 2002 funding cycle is closed, so, pursuant to Rule 67-48.005(4), Florida Administrative Code, Petitioner's application or applications would be included in the 2003 funding cycle, if it prevails in DOAH Case No. 02-4594 or 02-4726.FHFC found Home Rental applicant did not meet threshold and did not show development experience similar in magnitude, but improperly bumped applicant when it erroneously credited another applicant with points for match.

01-003503 BOYNTON ASSOCIATES, LTD. vs FLORIDA HOUSING FINANCE CORPORATION (2001)

Division of Administrative Hearings, Florida Filed: Sep. 05, 2001

The issue is whether Petitioner, Boynton Associates, Ltd., is entitled to receive additional points for Form 5 of its application, related to local government contributions, for the Florida Housing Finance Corporation's 2001 Combined Rental Cycle and, if so, whether Petitioner qualifies for an allocation of federal low-income housing tax credits.Variance granted by City waived parking space requirements for applicant. This waiver resulted in tangible economic benefit to applicant, which should result in additional points being awarded for local government contribution.

01-001949 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA BAY DESAL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: May 18, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

01-002720 SAVE OUR BAYS, AIR AND CANALS, INC. vs TAMPA ELECTRIC COMPANY, INC., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: Jul. 11, 2001

There are two issues in these cases: (1) whether Tampa Bay Desal, LLC ("TBD") provided reasonable assurances that its permit application to discharge wastewater from a proposed seawater desalination plant, National Pollutant Discharge Elimination System ("NPDES") Permit Application No. FL0186813- 001-IWIS, meets all applicable state permitting standards for industrial wastewater facilities; and (2) whether Tampa Electric Company, Inc. (TEC) provided reasonable assurances that its proposed modification to an existing industrial wastewater facility permit, NPDES Permit Modification No. FL0000817-003-IWIS, meets all applicable state permitting standards.Application for industrial wastewater permit for desalination plant using power plant`s once-through cooling water provided reasonable assurance of compliance with permit requirements.

Jon Cameron Moyle Jr.