Leon FL Lawyers | Matthew J Knoll -- eLawyers

18-005297 ARLINGTON RIDGE COMMUNITY ASSOCIATION, INC. vs GI SHAVINGS, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Oct. 03, 2018

There are three issues to be determined in this case: (1) whether the Petitioner, Arlington Ridge Community Association, Inc. (Arlington Ridge), demonstrated standing to challenge the proposed agency actions; (2) whether the terms of Consent Order OGC No. 18-0077 (proposed Consent Order) constituted a reasonable exercise of the Respondent, Department of Environmental Protection's (Department), enforcement discretion; and (3) whether the Department's notice of intent to issue minor source air construction permit 0694866-009-AC (009 Permit) to the Respondent, GI Shavings, LLC (GI Shavings), met the applicable rule and statutory criteria for issuance.The Department did not prove that the proposed consent order was a reasonable exercise of its enforcement discretion. The applicant did not provide reasonable assurance for issuance of the minor source air construction permit.

18-001451 FLORIDA AUDUBON SOCIETY, INC. AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Mar. 20, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

18-002141 FLORIDA AUDUBON SOCIETY, INC., AND TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Apr. 27, 2018

The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

16-007148 FLORIDA AUDUBON SOCIETY, INC. vs TEXAS HOLD'EM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

16-007149 TOWN OF FORT MYERS BEACH, FLORIDA vs TEXAS HOLDEM, LLC, SQUEEZE ME INN, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2016

These consolidated cases involve agency actions related to a “dune walkover”1/ (“dune walkover” or “Project”) proposed by the applicants, Texas Hold’Em, LLC, and Squeeze Me Inn, LLC (the “Applicants”). In order to construct the proposed dune walkover, the Applicants have filed: 1) an application for an Environmental Resource Permit (“ERP”); 2) an application for a letter of consent easement for the use of sovereignty submerged lands (“SSL Authorization”); 3) petitions for waivers from Florida Administrative Code Rule 62B-33.008(3)(c) and (d) to allow for completion and consideration of an application for a Coastal Construction Control Line (“CCCL”) permit (“CCCL Waivers”); and 4) an application for a CCCL permit (“CCCL Permit”).The Applicant demonstrated their entitlement to construct a dune walkover to provide access to the Gulf of Mexico, including issuance of an ERP permit, a consent to use sovereign land, a CCCL permit, and a CCL permit application timing waiver.

17-005562CVL TRACY J. HOFFMAN vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASING (2017)

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

The issues to be determined in this case are whether Petitioner committed a public entity crime as that term is defined in section 287.133, Florida Statutes (2017); and, if so, whether it is in the public interest to place Petitioner's name on the convicted vendor list maintained by the Department of Management Services (DMS).Petitioner failed to meet his burden of proving that it is not in the public interest to place him on the convicted vendor list.

20-002967 FLORIDA KEYS AQUEDUCT AUTHORITY vs FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jun. 29, 2020

Whether Respondent, Florida Power & Light Company, is entitled to the renewal of Permit No. FL0001562-012-IW1N, the combined Industrial Wastewater/National Pollutant Discharge Elimination System permit for the continued operation of the Turkey Point Cooling Canal System.Applicant for renewal of industrial wastewater permit provided reasonable assurance the project would meet all applicable statutory and rule requirements. Challengers to issuance of permit failed to meet their burden of proof under section 120.569(2)(p).

20-002968 FLORIDA KEYS FISHING GUIDES ASSOCIATION, INC. vs FLORIDA POWER AND LIGHT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2020)

Division of Administrative Hearings, Florida Filed: Jun. 29, 2020

Whether Respondent, Florida Power & Light Company, is entitled to the renewal of Permit No. FL0001562-012-IW1N, the combined Industrial Wastewater/National Pollutant Discharge Elimination System permit for the continued operation of the Turkey Point Cooling Canal System.Applicant for renewal of industrial wastewater permit provided reasonable assurance the project would meet all applicable statutory and rule requirements. Challengers to issuance of permit failed to meet their burden of proof under section 120.569(2)(p).

Matthew J Knoll