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Joseph A Brown
Joseph A Brown
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Bar #25765(FL)     License for 18 years
Tallahassee FL

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10-006205RU  DAVID H. SHERRY, REBECCA R. SHERRY, AND JOHN S. DONOVAN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (2010)
Division of Administrative Hearings, Florida Filed: Jul. 26, 2010
All Three Cases Whether the Petitioners have standing to bring their respective challenges pursuant to Section 120.56(4), Florida Statutes? Case No. 10-5348RU Whether either or both Original Specific Condition 1 and the Department ECL Position constitute a rule? Case Nos. 10-6205 and 10-8197 Whether Specific Condition 5 constitutes a rule? Attorney's Fees Whether an order should be entered against the Department for costs and attorney's fees under Section 120.595(4), Florida Statutes?Petitioners did not prove standing to challenge as unadopted rules two conditions in a beach restoration permit and a position of DEP with regard to when erosion control lines must be established.
10-008197RU  MACLA LTD, II, LIMITED PARTNERSHIP; H. JOSEPH HUGHES, AS TRUSTEE OF THE BETTY PRICE HUGHES QUALIFIED VACATION RESIDENCE TRUST; AND KERSHAW MANUFACTURING COMPANY, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND  (2010)
Division of Administrative Hearings, Florida Filed: Aug. 23, 2010
All Three Cases Whether the Petitioners have standing to bring their respective challenges pursuant to Section 120.56(4), Florida Statutes? Case No. 10-5348RU Whether either or both Original Specific Condition 1 and the Department ECL Position constitute a rule? Case Nos. 10-6205 and 10-8197 Whether Specific Condition 5 constitutes a rule? Attorney's Fees Whether an order should be entered against the Department for costs and attorney's fees under Section 120.595(4), Florida Statutes?Petitioners did not prove standing to challenge as unadopted rules two conditions in a beach restoration permit and a position of DEP with regard to when erosion control lines must be established.
07-001414  IN RE: PETITION TO CONTRACT THE CAPITAL REGION COMMUNITY DEVELOPMENT DISTRICT vs *  (2007)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2007
The issue is whether the Petition to Contract the Boundary of the Capital Region Community Development District (Petition) meets the applicable criteria set forth in Chapter 190, Florida Statutes (2006)1, and Florida Administrative Code Rule Chapter 42-1. The purpose of the hearing was to gather information in anticipation of quasi-legislative rulemaking by the Florida Land and Water Adjudicatory Commission (Commission).Report issued concerning the petition to contract the size of an existing community development district in Tallahassee.
07-001413  IN RE: PETITION TO ESTABLISH THE SOUTHEASTEN COMMUNITY DEVELOPMENT DISTRICT vs *  (2007)
Division of Administrative Hearings, Florida Filed: Mar. 23, 2007
The issue is whether the Petition to Establish the Southeastern Community Development District (Petition) meets the applicable criteria set forth in Chapter 190, Florida Statutes (2006),1 and Florida Administrative Code Rule Chapter 42-1. The purpose of the hearing was to gather information in anticipation of quasi-legislative rulemaking by the Florida Land and Water Adjudicatory Commission (Commission).Report issued concerning the petition to contract the size of an existing community development district in Tallahassee.
21-001661RP  MARINE INDUSTRIES ASSOCIATION OF PALM BEACH COUNTY, INC. vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION  (2021)
Division of Administrative Hearings, Florida Filed: May 21, 2021
The issues for disposition in this case are, first, whether the proposed adoption of Florida Administrative Code Rule 68D-24.017(1)(s) (the Proposed Rule) was based on the application of an unadopted rule, as defined in section 120.52(20), Florida Statutes, and, second, if it was not, whether the Proposed Rule is an invalid exercise of delegated legislative authority, as defined in section 120.52(8).The Proposed Rule was based on the application of an unadopted rule regarding vessel traffic congestion. Commission directed to discontinue reliance on the unadopted rule.

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