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Kirk Sanders White

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Bar #73113(FL) License for 30 years; Member in Good Standing

Tallahassee FL

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Florida Administrative Code: 18-14.002

18-002124EPP IN RE: TAMPA ELECTRIC COMPANY BIG BEND UNIT 1 MODERNIZATION PROJECT POWER PLANT SITING APPLICATION NO. PA79-12A2 vs * (2018)

Division of Administrative Hearings, Florida Filed: Apr. 25, 2018

Whether Tampa Electric Company's (Tampa Electric) application for site certification of existing Big Bend Generating Station Units 1, 2, and 3 and authorization to construct and operate the Big Bend Unit 1 Modernization Project should be approved under section 403.5175, Florida Statutes.Sierra Club did not prove its case in opposition, therefore, the Siting Board should approve certification of Tampa Electric Company, Big Bend Power Generating Station's existing Units 1, 2, and 3, and the Modernization Project.

18-001174 GREAT AMERICAN LIFE INSURANCE COMPANY, INC. vs THE BUCCANEER COMMERCIAL UNIT A, CARE OF BENJAMIN SHARFI, TRUSTEE OF THE BENJAMIN SHARFI TRUST 2002; THE BUCCANEER CONDOMINIUM ASSOCIATION OF PALM BEACH SHORES, INC.; THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, ET AL. (2018)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2018

The issue to be determined is whether Consolidated Environmental Resource Permit No. 50-0147856-003-EI and State-owned Submerged Lands Lease No. 500022746 for a commercial addition to the multi-family residential dock, known as the Buccaneer Condominium Marina, should be issued as proposed in the December 27, 2017, proposed agency action issued by the Department of Environmental Protection (“DEP”) in its own capacity and in its capacity as staff to the Board of Trustees of the Internal Improvement Trust Fund (“BTIITF”). Unless individually identified, the DEP and the BTIITF will be collectively referred to as “the DEP.”The permit applicants met all relevant criteria, including those pertaining to navigation and alleged impairments and hazards thereto, and was entitled to issuance of the ERP and Sovereignty Submerged Land Lease for the Commercial Unit A Dock.

17-006840 BENJAMIN K. SHARFI, TRUSTEE FOR BENJAMIN SHARFI 2002 TRUST; AND THE BUCCANEER CONDOMINIUM OF PALM BEACH SHORES, INC. vs GREAT AMERICAN LIFE INSURANCE COMPANY, DEPARTMENT OF ENVIRONMENTAL PROTECTION, AND BOARD OF TRUSTEES FOR THE INTERNAL IMPROVEMENT TRUST FUND (2017)

Division of Administrative Hearings, Florida Filed: Dec. 20, 2017

The issue to be determined is whether Consolidated Environmental Resource Permit No. 50-0126380-005-EI and State- owned Submerged Lands Lease No. 500729109 for the Sailfish Marina, North Dock, should be issued as proposed in the June 30, 2017, proposed agency action issued by the Department of Environmental Protection (“DEP”), in its own capacity, and in its capacity as staff to the Board of Trustees of the Internal Improvement Trust Fund (“BTIITF”).The permit applicant met all relevant criteria pertaining to navigation, and alleged impairments and hazards thereto, and was entitled to issuance of the Environmental Resource Permit and Sovereignty Submerged Land Lease for its replacement dock.

17-001449 THE SIESTA KEY ASSOCIATION OF SARASOTA, INC., AND MICHAEL S. HOLDERNESS vs CITY OF SARASOTA; U.S. ARMY CORPS OF ENGINEERS; DEPARTMENT OF ENVIRONMENTAL PROTECTION; AND BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2017)

Division of Administrative Hearings, Florida Filed: Mar. 09, 2017

The issue to be determined in these consolidated cases is whether the U.S. Army Corps of Engineers (“Corps”) and the City of Sarasota (“City”) (sometimes referred to as “the Applicants”) are entitled to the proposed joint coastal permit, public easement, and sovereign submerged lands use authorization (referred to collectively as “the Permit”) from the Department of Environmental Protection (“DEP”) and the Trustees of the Internal Improvement Trust Fund to dredge sand from Big Sarasota Pass and its ebb shoal and place the sand on the shoreline of Lido Key.It is recommended that the joint coastal permit be approved, but only if it is modified to restrict dredging during the spawning season for the spotted seatrout; otherwise it is recommended that the permit be denied.

17-001456 SAVE OUR SIESTA SANDS 2, INC.; PETER VAN ROEKENS; AND DIANE ERNE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2017)

Division of Administrative Hearings, Florida Filed: Mar. 09, 2017

The issue to be determined in these consolidated cases is whether the U.S. Army Corps of Engineers (“Corps”) and the City of Sarasota (“City”) (sometimes referred to as “the Applicants”) are entitled to the proposed joint coastal permit, public easement, and sovereign submerged lands use authorization (referred to collectively as “the Permit”) from the Department of Environmental Protection (“DEP”) and the Trustees of the Internal Improvement Trust Fund to dredge sand from Big Sarasota Pass and its ebb shoal and place the sand on the shoreline of Lido Key.It is recommended that the joint coastal permit be approved, but only if it is modified to restrict dredging during the spawning season for the spotted seafront; otherwise it is recommended that the permit be denied.

10-003000 DEPARTMENT OF ENVIRONMENTAL PROTECTION vs EDITH PEPPER AND LYLE SPENCER (2010)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2010

The issues are whether Respondents engaged in unauthorized construction on their property in St. Johns County (County) without a permit; whether they should remove wooden shore-normal retaining walls and concrete sidewalks from an area seaward of the coastal construction control line (CCCL); whether they should restore any disturbed areas; and whether they should pay a $1,000.00 administrative fine.Respondents guilty of performing unauthorized construction beyond CCCL; actions deemed willful.

10-002334 M.A.B.E. PROPERTIES, INC. vs SHANNON SUE, LLC, JUPITER HILLS LIGHTHOUSE MARINA, INC., AND JOHN AND BARBARA CANONICO AS TRUSTEES OF THE BARBARA CANONICO REVOCABLE TRUST, DEPARTMENT OF ENVIRONMENTAL PROTECTION, BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND (2010)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2010

The issue is whether a Consent Order executed by Respondents on March 25, 2010, and by the Department of Environmental Protection (Department) and the Board of Trustees of the Internal Improvement Trust Fund (Board) on April 1, 2010, is a reasonable exercise of the Department's enforcement authority.Consent Order to resolve outstanding violations by marina was not shown to be an abuse of DEP's enforcement discretion.

20-003305 JACQUELINE M. LANE vs INTERNATIONAL PAPER COMPANY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jul. 21, 2020

The issue to be determined in this case is whether the Consent Order issued by Respondent, Department of Environmental Protection (“Department”) on April 28, 2020, OGC File No. 19-1453 (“Consent Order”), is a reasonable exercise of its enforcement authority.The Department's entry of a consent order to ascertain causes of chronic toxicity violations was a reasonable exercise of its enforcement discretion.