Leon FL Administrative law, Environmental Law and Health car -- eLawyers

00-004567N MIKE KOCHER AND LYNN KOCHER, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF CHRISTOPHER KOCHER vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2000)

Division of Administrative Hearings, Florida Filed: Nov. 08, 2000

At issue is the amount and manner of payment of the parental award, the amount owing for attorney's fees and costs incurred in pursuing the claim, and the amount owing for past expenses.Amendment to Final Order following remand entered, along with an order according a parental award, and an award for attorney`s fees and costs.

08-002552 DANIEL M. SEVICK vs DEPARTMENT OF HEALTH (2008)

Division of Administrative Hearings, Florida Filed: May 23, 2008

The issues to be resolved in this proceeding concern whether an application to construct and operate an on-site sewage treatment and disposal system (OSTDS), within the Suwannee River flood plain, meets the requirements of Section 381.0065(4)(t), Florida Statutes (2007), and relevant Department of Health (Department) rules, and whether the department applied an un-adopted rule in denying the permit application.Petitioner failed to prove that innovative on-site sewage disposal system would not be subject to flooding. The statute has flood elevation standard, not an avenue to allow for a system which purports to prevent flooding by use of air pressure.

01-001195N MARIA FERGUSON AND GARRY FERGUSON, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF CASEY FERGUSON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2001)

Division of Administrative Hearings, Florida Filed: Mar. 06, 2007

The petition (claim) filed on behalf of Petitioners presented the following issues for resolution:1 Whether the claim is compensable under the Florida Birth-Related Neurological Injury Compensable Plan (Plan). Whether the notice provisions of the Plan were satisfied. Whether the exclusiveness of remedy provision of the Plan is an available defense to a nurse midwife or hospital when no civil claim has been made against the participating physician. Whether the amendments to Sections 766.301(1)(d) and 766.304, Florida Statutes (Supp. 1998), which accorded the administrative forum exclusive jurisdiction to resolve whether claims are covered by the Plan, may be applied retroactively.Amended Final Order following remand, approval of the parties` stipulation and award.

04-002960 SAVE OUR BEACHES, INC., AND STOP THE BEACH RENOURISHMENT, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, CITY OF DESTIN, AND WALTON COUNTY (2004)

Division of Administrative Hearings, Florida Filed: Aug. 20, 2004

The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application of the City of Destin (City) and Walton County (County) for a Consolidated Joint Coastal Permit (JCP) and Sovereign Submerged Lands Authorization (Application) to restore a 6.9 stretch of beach in the City and County.Reasonable assurance on water quality was given, with no unreasonable infringement of riparian rights. Recommend approval of the beach restoration.

04-003261 STOP THE BEACH RENOURISHMENT, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2004)

Division of Administrative Hearings, Florida Filed: Sep. 17, 2004

The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application of the City of Destin (City) and Walton County (County) for a Consolidated Joint Coastal Permit (JCP) and Sovereign Submerged Lands Authorization (Application) to restore a 6.9 stretch of beach in the City and County.Reasonable assurance on water quality was given, with no unreasonable infringement of riparian rights. Recommend approval of the beach restoration.

03-003981 CAROLE C. POPE vs CLIFFORD S. RAY, MARIA S. RAY, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Oct. 23, 2003

Whether the permit application of Clifford S. and Maria Ray (the "Rays") meets the statutory and rule requirements for the Department of Environmental Protection ("DEP" or the "Department") to issue to the Rays a permit to construct a multi- family dwelling and related structures seaward of the coastal construction control line ("CCCL") on their property in Brevard County?Petitioner, an applicant for a coastal construction control line (CCCL) permit in Brevard County, is allowed to build along the construction line if re-siting will mitigate impacts to adjacent property.

03-003860RX CAROLE C. POPE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2003

Whether Florida Administrative Code Rule 62B- 33.008(4)(d) should be determined to be an invalid exercise of delegated legislative authority? The Rule requires that an application for a permit for construction seaward of a coastal construction control line ("CCCL") contain "written evidence, provided by the appropriate local government agency . . ., that the proposed activity . . . does not contravene local setback requirements, zoning, or building codes and is consistent with the State approved Local Comprehensive Plan." Whether a statement alleged to have been made by an employee of the Bureau of Beaches and Wetland Resources in the Department of Environmental Protection ("DEP" or "the Department") violated Section 120.54(1)(a), Florida Statutes? The alleged statement is to the effect that in determining if structures littoral to the coast have established a continuous construction line closer to the mean high water line than the CCCL, the Department uses a 1000-foot distance to structures on either side of the proposed project.Rule that requires submission with a permit application and local government position that construction seaward of coastal construction control line does not contravene local regulation, is not determined to be invalid.

03-003861RU CAROLE C. POPE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2003

Whether Florida Administrative Code Rule 62B- 33.008(4)(d) should be determined to be an invalid exercise of delegated legislative authority? The Rule requires that an application for a permit for construction seaward of a coastal construction control line ("CCCL") contain "written evidence, provided by the appropriate local government agency . . ., that the proposed activity . . . does not contravene local setback requirements, zoning, or building codes and is consistent with the State approved Local Comprehensive Plan." Whether a statement alleged to have been made by an employee of the Bureau of Beaches and Wetland Resources in the Department of Environmental Protection ("DEP" or "the Department") violated Section 120.54(1)(a), Florida Statutes? The alleged statement is to the effect that in determining if structures littoral to the coast have established a continuous construction line closer to the mean high water line than the CCCL, the Department uses a 1000-foot distance to structures on either side of the proposed project.Rule that requires submission with a permit application and local government position that construction seaward of coastal construction control line does not contravene local regulation, is not determined to be invalid.

03-000552N STEPHEN COLWELL AND CLORINDA COLWELL, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF CLORINDA COLWELL, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2003)

Division of Administrative Hearings, Florida Filed: Feb. 18, 2003

At issue is whether Clorinda Colwell, a minor, suffered a "birth-related neurological injury," as defined by Section 766.302(2).1The proof failed to demonstrate that the infant was substantially mentally and physically impaired. Therefore, the claim is denied.

01-002114RP THOMAS D. MCGILL, RONALD J. PRITCHARD, DANIEL J. DVORAK, ROBERT H. ATKINS, AND RUSSELL P. GENTILE vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (2001)

Division of Administrative Hearings, Florida Filed: May 31, 2001

The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

Kenneth Joseph Plante