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03-002884RP SUGAR CANE GROWERS COOPERATIVE OF FLORIDA vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2003)

Division of Administrative Hearings, Florida Filed: Aug. 07, 2003

Whether Proposed Rule 62-302.540, as formally noticed for adoption by the Department of Environmental Protection on July 18, 2003, is an invalid exercise of delegated legislative authority?Respondent`s proposed rule, "water quality standards for phosphorus within the Everglades Protection area," is not an invalid exercise of delegated legislative authority.

02-001629 FLORIDA AUDUBON SOCIETY, D/B/A AUDUBON OF FLORIDA; NATIONAL PARK CONSERVATION ASSOCIATION; THE EVERGLADES TRUST, INC.; AND THE EVERGLADES FOUNDATION, INC. vs LENNAR HOMES INC. AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2002)

Division of Administrative Hearings, Florida Filed: Apr. 23, 2002

The issues are whether Respondent Lennar Homes, Inc., is entitled to an environmental resource permit to construct a 516- acre residential development in Miami-Dade County known as Lakes by the Bay South Commons Project and, if so, under what conditions.Implementation of comprehensive Everglades Restoration Plan among overall objectives of water district, which may impose conditions on environmental resource permit to achieve consistency with future CERP project.

00-003615RU OSCEOLA FISH FARMERS ASSOCIATION, INC. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2000)

Division of Administrative Hearings, Florida Filed: Aug. 31, 2000

01-002900RP OSCEOLA FISH FARMERS ASSOCIATION, INC. vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2001)

Division of Administrative Hearings, Florida Filed: Jul. 20, 2001

The issues are whether the proposed amendment to Rule 40E- 2.041(1), Florida Administrative Code, exceeds the agency's grant of rulemaking authority; enlarges, modifies, or contravenes the specific law implemented; or is vague, fails to establish adequate standards for agency discretion, and vests unbridled discretion in the agency.Agency had sound basis in law and fact for proposing rule; no award of fees and costs to challengers; challengers not entitled to fees associated with defending Final Order before appellate court.

01-003373 BROWARD COUNTY vs ARTHUR WEISS, TRUSTEE, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT (2001)

Division of Administrative Hearings, Florida Filed: Aug. 24, 2001

The ultimate issue in this case is whether the South Florida Water Management District (SFWMD) should grant Environmental Resource Permit (ERP) Application No. 970509-10 for conceptual approval of a surface water management system serving a 167.9-acre commercial development in Broward County known as Pembroke Center and issue ERP No. 0600095-S-15 (Permit) to Arthur D. Weiss, Trustee (Weiss). The primary contested sub-issues involve the extent of use of offsite mitigation of the project's wetlands impacts through purchase of credits purchased from Florida Power and Light Company (FPL's) Everglades Mitigation Bank (EMB) 40 miles away in southern Dade County.Applicant for surface water management ERP proposed more than 75% of mitigation required to offset impacts to wetland functions out-of-basin through purchase of credits at mitigation bank 40 miles away--too far to avoid unacceptable cumulative impacts.

20-002473 BARRY ROBERTS AND GLORIA MEREDITH TRUST vs JULIA FONDRIEST AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: May 26, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

20-002474 SHERRI CRILLY vs JULIA FONDRIEST AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: May 26, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

20-002535 JENNIFER DEMARIA vs JULIA FONDRIEST AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jun. 02, 2020

The issue in these consolidated proceedings is whether the proposed single-family residential dock meets the requirements for a letter of consent for use of sovereignty submerged lands pursuant to chapters 253 and 258, Florida Statutes, and Florida Administrative Code Chapters 18-20 and 18-21, such that the Consolidated Regulatory Exemption and Letter of Consent for Department of Environmental Protection File No. 0319584-003EE, as amended on September 30, 2020, should be granted.Applicant for private single family residential dock in aquatic preserve met all applicable requirements for issuance of letter of consent to use sovereignty submerged lands. Activity is exempt from regulatory permitting.

Luna Ergas Phillips