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SC06-521  Advisory Opinion Re Local Land Use Plans  (2009)
Supreme Court of Florida Filed: Jul. 09, 2009 Citations: 14 So. 3d 224
14 So. 3d 224 (2009) ADVISORY OPINION TO THE ATTORNEY GENERAL RE REFERENDA REQUIRED FOR ADOPTION AND AMENDMENT OF LOCAL GOVERNMENT COMPREHENSIVE LAND USE PLANS. No. SC06-521. Supreme Court of Florida. July 9, 2009. *225 Bill McCollum, Attorney General, Louis F. Hubener, Solicitor General and Leah L. Marino, Deputy Solicitor General, Tallahassee, FL, for Petitioner. Ross Stafford Burnaman, Esquire, on behalf of Florida Hometown Democracy, Inc., Tallahassee, FL, as Sponsor. PER CURIAM. The Attorney..
SC08-318, SC08-492  Advisory Opin. to Att. Gen. Re Growth Mgmt.  (2008)
Supreme Court of Florida Filed: Dec. 18, 2008 Citations: 2 So. 3d 118
2 So. 3d 118 (2008) ADVISORY OPINION TO the ATTORNEY GENERAL RE FLORIDA GROWTH MANAGEMENT INITIATIVE GIVING CITIZENS the RIGHT TO DECIDE LOCAL GROWTH MANAGEMENT PLAN CHANGES. Advisory Opinion to the Attorney General re: Florida Growth Management Initiative Giving Citizens the Right to Decide Local Growth Management Plan Changes. Nos. SC08-318, SC08-492. Supreme Court of Florida. December 18, 2008. Rehearing Denied January 29, 2009. Bill McCollum, Attorney General, Louis F. Hubener, Chief Deputy S..
11-002600  GLENN MARK MCALPIN AND LINDA MCALPIN vs MARK S. DEVRIES, RITA L. DEVRIES, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2011)
Division of Administrative Hearings, Florida Filed: May 23, 2011
The issue in this case is whether the Department of Environmental Protection (DEP) should grant the application filed by the DeVries for a coastal construction line (CCCL) permit to build a house (with dolomite drive, septic tank, and drain field) and a dune walkover seaward of the CCCL on their property on the St. Joe Peninsula in Gulf County (Permit GU- 501).Application for CCCL for second-tier beach house met criteria, with additional condition to avoid indirect impacts to significant dune feature.
08-004772GM  DR. WILLIAM C. PYLE vs CITY OF ST. PETE BEACH  (2008)
Division of Administrative Hearings, Florida Filed: Sep. 24, 2008
The issue is whether the plan amendments adopted by the City of St. Pete Beach (City) by Ordinance No. 2008-15 on August 26, 2008, are in compliance.Plan amendments to create new land use category and related text amendments found to be in compliance.
06-003968RU  FLORIDA HOMETOWN DEMOCRACY, INC. vs DEPARTMENT OF STATE  (2006)
Division of Administrative Hearings, Florida Filed: Oct. 12, 2006
Whether the agency statement listed on the Department of State's (DOS or the Department's) webpage under "Frequently Asked Questions" regarding translation of petitions for constitutional amendment is an unpromulgated rule.Petitioner did not demonstrate that the agency statement on the Department`s website regarding spanish translations was a rule as defined in section 120.52(15), Florida Statutes.
03-004478RU  SHIRLEY A. REYNOLDS AND DIANN P. BOWMAN vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2003)
Division of Administrative Hearings, Florida Filed: Nov. 26, 2003
Does a statement by an agency that its regulatory authority is limited by Section 161.58, Florida Statute, constitute a non- rule policy? Does a statement by an agency that fees levied under authority of Section 161.58, Florida Statutes, by county governments for beach driving do not constitute revenue for purposes of invoking its regulatory jurisdiction pursuant to Florida Administrative Code Rule 18-21.005 (Rule 18-21.005) constitute a non-rule policy?Petitioner did not show that the challenged statements were rules that should be adopted by Respondent Board of Trustees of the Internal Improvement Trust Fund.
03-003860RX  CAROLE C. POPE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2003)
Division of Administrative Hearings, Florida Filed: Oct. 17, 2003
Whether Florida Administrative Code Rule 62B- 33.008(4)(d) should be determined to be an invalid exercise of delegated legislative authority? The Rule requires that an application for a permit for construction seaward of a coastal construction control line ("CCCL") contain "written evidence, provided by the appropriate local government agency . . ., that the proposed activity . . . does not contravene local setback requirements, zoning, or building codes and is consistent with the State approved Local Comprehensive Plan." Whether a statement alleged to have been made by an employee of the Bureau of Beaches and Wetland Resources in the Department of Environmental Protection ("DEP" or "the Department") violated Section 120.54(1)(a), Florida Statutes? The alleged statement is to the effect that in determining if structures littoral to the coast have established a continuous construction line closer to the mean high water line than the CCCL, the Department uses a 1000-foot distance to structures on either side of the proposed project.Rule that requires submission with a permit application and local government position that construction seaward of coastal construction control line does not contravene local regulation, is not determined to be invalid.
03-003861RU  CAROLE C. POPE vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2003)
Division of Administrative Hearings, Florida Filed: Oct. 17, 2003
Whether Florida Administrative Code Rule 62B- 33.008(4)(d) should be determined to be an invalid exercise of delegated legislative authority? The Rule requires that an application for a permit for construction seaward of a coastal construction control line ("CCCL") contain "written evidence, provided by the appropriate local government agency . . ., that the proposed activity . . . does not contravene local setback requirements, zoning, or building codes and is consistent with the State approved Local Comprehensive Plan." Whether a statement alleged to have been made by an employee of the Bureau of Beaches and Wetland Resources in the Department of Environmental Protection ("DEP" or "the Department") violated Section 120.54(1)(a), Florida Statutes? The alleged statement is to the effect that in determining if structures littoral to the coast have established a continuous construction line closer to the mean high water line than the CCCL, the Department uses a 1000-foot distance to structures on either side of the proposed project.Rule that requires submission with a permit application and local government position that construction seaward of coastal construction control line does not contravene local regulation, is not determined to be invalid.
01-002197RP  STANDING WATCH, INC.; JIM KALVIN; THOMAS MASON; DOUGLAS P. JAREN; AND STOWELL ROBERTSON vs FISH AND WILDLIFE CONSERVATION COMMISSION  (2001)
Division of Administrative Hearings, Florida Filed: Jun. 04, 2001
The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.
01-002198RP  SEA RAY BOATS, INC. vs FISH AND WILDLIFE CONSERVATION COMMISSION  (2001)
Division of Administrative Hearings, Florida Filed: Jun. 04, 2001
The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.

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