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90-008189GM TERRY AND RACHEL COOPER vs CITY OF ST. PETE BEACH AND DEPARTMENT OF NATURAL RESOURCES (1990)

Division of Administrative Hearings, Florida Filed: Dec. 31, 1990

The issue in this case is whether a plan amendment is not in compliance for the reasons asserted by Petitioners.Redesignation of beachfront from recreation to residential not supported by data and analysis

90-003580GM JANICE KELLY vs COCOA BEACH (1990)

Division of Administrative Hearings, Florida Filed: Jun. 08, 1990

The issue in this case is whether an amendment to the comprehensive plan is not in compliance for the reasons set forth in the petition, as amended.Plan amendment inconsistent because city lacks planning jurisdiction over parcel & new designation inconsistent with CHHA criterion in law & plans.

89-005853GM DEPARTMENT OF COMMUNITY AFFAIRS vs MONROE COUNTY (OCEAN REEF CLUB AND KEY LARGO FOUNDATION) (1989)

Division of Administrative Hearings, Florida Filed: Oct. 31, 1989

At issue in this proceeding is whether certain development orders issued by Monroe County to Homeowners, Ocean Reef Club and Key Largo Foundation (Applicants) for a project that would ultimately result in the construction of a flushing canal in the Ocean Reef Club development on north Key Largo are consistent with the Monroe County comprehensive plan and land development regulations.Applicant failed to demonstrate in part that development was consistent with land development regulations-changes necessary to conform were detailed

89-006203RX FLORIDA LEAGUE OF CITIES, INC. vs FLORIDA ADMINISTRATION COMMISSION (1989)

Division of Administrative Hearings, Florida Filed: Nov. 14, 1989

Whether Rule 28-39.006(3), Florida Administrative Code, and the policies adopted by the Administration Commission on October 24, 1989, which describe a method for calculating sanctions to be imposed under Section 163.3184(11), Florida Statutes, on cities or counties which fail to submit Local Comprehensive Plans, or which submit plans determined not to be in compliance with Part II of Chapter 163, Florida Statutes, are invalid exercises of delegated legislative authority?Administration commission policy on penalty for failure to submit or submission of plans not in compliance with growth management act reasonable, upheld.

87-005003 WILLIAM SCHULMAN vs. DEPARTMENT OF ENVIRONMENTAL REGULATION (1987)

Division of Administrative Hearings, Florida Latest Update: Jun. 13, 1988

The central issue in this case is whether Petitioner's request to modify permit no. 5601095728 should be approved or denied.Effort to modify permit not appropriate as in public interest as project adversely affects habitat and detrimental to mangroves.

88-001590 AMERICAN LITTORAL SOCIETY, SIERRA CLUB, AND CORAL REEF SOCIETY, INC. vs. CITY OF BOCA RATON AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1988)

Division of Administrative Hearings, Florida Latest Update: May 03, 1988

The issue is whether the Department of Environmental Regulation (DER) should modify permit number 599070329, issued to the City of Boca Raton (City), to allow construction of an approved beach restoration project to commence on May 1, 1988, rather than on June 1, 1988.Construction date for beach renourishment advanced to minimize conflict with turtle nesting season. Damage to coral reef by advance of date unlikely.

86-001448 GEORGE W. ROBERTS vs. DIXIE COUNTY AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1986)

Division of Administrative Hearings, Florida Latest Update: Oct. 30, 1987

This is a case involving an application for a dredge and fill permit. Dixie County has applied for a dredge and fill permit for the purpose of expanding the public dock at Horseshoe Beach in Dixie County, Florida. The Petitioners, all landowners in the vicinity of the proposed dock expansion, oppose the issuance of the permit. The ultimate issue is, of course, whether the Department of Environmental Regulation should issue the disputed permit.Evidence shows reasonable assurances of no water quality violations and satisfaction of other rule and statutory criteria for permit.

87-000014 CITY OF VALPARAISO vs. OKALOOSA COUNTY REGIONAL AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1987)

Division of Administrative Hearings, Florida Latest Update: Sep. 03, 1987

In this case the question is raised on the subject of whether Rule 17- 4.210(1)(a), Florida Administrative Code, must be complied with before necessary environmental permits may be issued by the State of Florida, Department of Environmental Regulation (DER) associated with the construction of an expansion to an existing sewage treatment operation. If the answer is in the affirmative, the related question of compliance in this instance is posed. This concerns an application made in the name of Greg Wood, President, Niceville, Valparaiso, Okaloosa County Regional Sewer Board (Board) and Albert Swihart, successor to Greg Wood as president of that Board. There is also raised the issue of whether the applicant has complied with the provisions of Rule 17-4.210(1)(d), Florida Administrative Code, a prerequisite to the issuance of the subject environmental permitting. Challenges to compliance with these DER rules have been made by the City of Valparaiso, a Florida municipal corporation (Petitioner), which prompted the hearing in this cause.Question of obligation of DER to inquire into authority of entity making an application for enviro. permit to advance that request. Authority here.

86-002880 J. D. BROWN vs. U. S. NAVEL AIR STATION AND DEPARTMENT OF ENVIRONMENTAL REGULATION (1986)

Division of Administrative Hearings, Florida Latest Update: Aug. 19, 1987

Whether the Department should issue a dredge and fill permit to the Navy to construct an extension to an existing breakwater in the vicinity of Bayou Grande and Pensacola Bay?Petitioners failed to prove dredge and fill permit should not be issued by DER to Navy.

Karen Ann Brodeen