Broward FL Appeals, Criminal defense and Government Lawyers -- eLawyers

11-12267 Kearse v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS (2011)

Court of Appeals for the Eleventh Circuit Filed: Nov. 03, 2011 Citations: 669 F.3d 1197

669 F.3d 1197 (2011) Billy Leon KEARSE, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees. No. 11-12267. United States Court of Appeals, Eleventh Circuit. November 3, 2011. Paul Edward Kalil (Court-Appointed), Craig Joseph Trocino (Court-Appointed), Capital Collateral Regional Counsel-South, Fort Lauderdale, FL, for Petitioner-Appellant. Leslie T. Campbell, Lisa-Marie Lerner, West Palm Beach, FL, for Respondents-Appell..

11-13891 Valle v. Singer (2011)

Court of Appeals for the Eleventh Circuit Filed: Sep. 07, 2011 Citations: 655 F.3d 1223

655 F.3d 1223 (2011) Manuel VALLE, Plaintiff-Appellant, v. Steven SINGER, in his official capacity as the Warden of Florida State Prison, Timothy Cannon, in his official capacity as the Execution Team Leader, Edwin Buss, in his official capacity as the Secretary, Florida Department of Corrections, Unknown Executioners, Defendants-Appellees. No. 11-13891. United States Court of Appeals, Eleventh Circuit. September 7, 2011. *1224 Paul Edward Kalil, Suzanne Myers Keffer. Capital Collateral Regional ..

11-13962 Valle v. SECRETARY, FLORIDA DEPT. OF CORRECTIONS (2011)

Court of Appeals for the Eleventh Circuit Filed: Sep. 08, 2011 Citations: 654 F.3d 1266

654 F.3d 1266 (2011) Manuel A. VALLE, Petitioner-Appellant, v. SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, Attorney General, State of Florida, Respondents-Appellees. No. 11-13962. United States Court of Appeals, Eleventh Circuit. September 8, 2011. *1267 Paul Edward Kalil, Neal A. Dupree, Suzanne Myers Keffer, Capital Collateral Regional Counsel-South, Fort Lauderdale, FL, for Petitioner-Appellant. Sandra Sue Jaggard, Office of the Attorney General, Miami, FL, for Respondents-Appellees. Before ..

07-15528 Pace v. McNeil (2009)

Court of Appeals for the Eleventh Circuit Filed: Feb. 03, 2009 Citations: 556 F.3d 1211

556 F.3d 1211 (2009) Bruce Douglas PACE, Petitioner-Appellant, v. Walter A. McNEIL, Bill McCollum, Respondents-Appellees. No. 07-15528. United States Court of Appeals, Eleventh Circuit. February 3, 2009. *1212 Paul Edward Kalil (Court-Appointed), Capital Collateral Regional Counsel, Fort Lauderdale, FL, for Pace. Meredith Charbula, Tallahassee, FL, for Respondents-Appellees. Before TJOFLAT, WILSON and ANDERSON, Circuit Judges. TJOFLAT, Circuit Judge: Petitioner Bruce Douglas Pace, a Florida death..

14-001420RU PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT (2014)

Division of Administrative Hearings, Florida Filed: Mar. 25, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001421RP PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Mar. 24, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-001443RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Mar. 27, 2014

The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.

14-005658RP PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Nov. 26, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

14-006132RP KATHLEEN STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Dec. 29, 2014

The issue to be determined in these consolidated cases is whether proposed Florida Administrative Code Rule 62-42.300 is an invalid exercise of delegated legislative authority.Petitioners are estopped to challenge the unchanged portions of the rule and failed to prove that the changed portions of the rule are vague.

19-000649 PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2019)

Division of Administrative Hearings, Florida Filed: Feb. 05, 2019

The issues to be determined in this matter are: (1) whether the five separate orders issued by the Secretary of DEP on June 29, 2018, adopting five basin management action plans (BMAPs) for the Suwannee River, the Volusia Blue Spring, the Silver Springs-Rainbow Spring Group, the Santa Fe River, and the Wekiwa Spring-Rock Springs, comply with the provisions of section 403.067, Florida Statutes, and the Florida Springs and Aquifer Protection Act, sections 373.801 through 373.813, Florida Statutes (the Act); and (2) whether Petitioners demonstrated that their substantial interests were affected and, therefore, have standing.The preponderance of the evidence established that the five BMAPs were valid because they were designed to achieve the TMDLs, as required by sections 373.807 and 403.067, and did implement the provisions of those laws.

Paul Edward Kalil