Lee FL Administrative law, Appeals and Arbitration Lawyers

01-002326RU SAVE OUR BAYS, AIR AND CANALS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2001)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2001

Whether the Department of Environmental Protection (DEP) has issued an agency statement defined as a rule which has not been adopted by rulemaking as required by Section 120.54(1)(a), Florida Statutes. (All statutory citations are to the 2000 codification of the Florida Statutes. All rule citations are to the current Florida Administrative Code.)Statement in notice of intent to issue that mediation was not available was not a statement of general applicability and, therefore, not defined as a rule.

00-002010 SAVE OUR BAYS AND CANALS ASSOCIATION vs TAMPA BAY WATER AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2000)

Division of Administrative Hearings, Florida Filed: May 11, 2000

The issue is whether Respondent Department of Environmental Protection may issue to Respondent Tampa Bay Water a variance from the requirements, in Rules 62-555.520(4)(c) and (d), Florida Administrative Code, that an application for a permit to construct and operate a drinking water system contain drawings of the project with sufficient detail to describe clearly the work to be undertaken and complete specifications of the project to supplement the drawings.Tampa Bay Water is entitled to Variance; construction of surface water treatment plant responds to urgent environmental, financial, and legal factors. Protestor did not file for improper purpose.

97-005952 JOHN H. RATHKAMP, INDIVIDUALLY, AND MONROE COUNTY VACATION RENTAL MANAGERS, INC., A FLORIDA CORPORATION; LOWER KEYS CHAMBER OF COMMERCE, A FLORIDA CORPORATION; AND MARATHON CHAMBER OF COMMERCE, A FLORIDA CORPORATION vs DEPARTMENT OF COMMUNITY AFFAIRS (1997)

Division of Administrative Hearings, Florida Filed: Dec. 19, 1997

The issue in this case is whether Monroe County Ordinance 004-1997, approved by a Final Order of the Department of Community Affairs, DCA Docket No. DCA97-280-FOI-GM, is consistent with the Principles for Guiding Development set forth in Section 380.0552, Florida Statutes (1997)?Department of Community Affairs (DCA) proved that land development regulation, limiting area where residences can be rented for less than twenty-eight days, was consistent with the Principles for Guiding Development.

96-002660VR H. COMAN MUNROE AND LORRAINE W. MUNROE vs COUNTY OF MONROE (1996)

Division of Administrative Hearings, Florida Filed: Jun. 04, 1996

The issue in this case is whether Resolution No. P9-96 of the Monroe County Planning Commission should be affirmed, reversed, or modified.Evidence was sufficient to affirm resolution of planning commission.

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.

20-000190GM MAGALY L. GORDO vs CITY OF SUNNY ISLES BEACH, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA (2020)

Division of Administrative Hearings, Florida Filed: Jan. 17, 2020

The issue to be determined in this case is whether two amendments to the Sunny Isles Beach Comprehensive Plan (Comp Plan), adopted by Ordinance Nos. 2019-549 and 2019-550 (Plan Amendments) on December 19, 2019, are "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.Petitioner did not prove beyond fair debate that the City's Plan Amendments were not "in compliance."

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.

20-003273GM WILLIAM J. SEMMER AND JOANNE E. SEMMER vs LEE COUNTY, FLORIDA (2020)

Division of Administrative Hearings, Florida Filed: Jul. 17, 2020

Whether Lee County Comprehensive Plan Amendment CPA2015-00005, adopted by Ordinance No. 20-07 on June 17, 2020 (the “Plan Amendment”), is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2019).1Petitioners proved that the Plan Amendment was not "in compliance" because it increased residential density in the Coastal High Hazard Area contrary to section 163.3178(8), Florida Statutes.

Ralf Gunars Brookes