Whether or not Petitioner should be granted a dredge and fill permit for construction of a multi-family dock in either of the two configurations proposed in its application filed pursuant to Section 403.918 Florida Statutes.Multifamily permit for reconstruction of unpermitted dock denied where congregate activity theatened water quality and eel grass; standard of proof.

The issues are: (1.) Whether Respondents' request for variance from requirements of Rule Chapter 10D-6, Florida Administrative Code, should be granted. (2.) Whether Respondents are guilty of violation of certain provisions of Chapter 381 and Chapter 403, Florida Statutes, and Rule Chapter 10D-6, Rule Chapter 17-550, and Rule Chapter 17-555, Florida Administrative Code, regulating the operation of onsite sewage disposal systems.Respondent guilty of 4 violations of statute, fined and given opportunity to correct. Variance granted as to drainfield's distance from waterwell.

Whether Rule 10D-6.045, Florida Administrative Code, or portions of that rule, constitute an invalid exercise of delegated authority.Terms ""excessive"" and ""minor"" as related to terms ""hardship"" and ""deviation"" constitute invalid exercise of legislative authority and terms are stricken.

Whether or not Petitioner is eligible for restoration funding (but not insurance coverage) under the Florida Pollution Liability Insurance and Restoration Program (FPLIRP) for cleanup of discharges from underground petroleum storage tanks (USTs) underlying Petitioners' real property.Application for Pollution Liability Insurance Restoration Program held timely in Recommended Order; Final Order contrary.

The City withdrew its initial application for a permit to construct the proposed southeast landfill, filed April 24, 1987, on December 11, 1987, the same day it filed the application which, with subsequent amendments, is now pending. After DER gave notice of its intent to issue the permit on April 15, 1988, petitioners filed timely requests for formal administrative hearing. DER also received timely hearing requests in response to its notice of intent to issue a dredge and fill permit for the construction of an access road to the site, filed May 20, 1988, in response to its notice of intent to issue a permit for the stormwater management system for the site, filed May 25, 1989, and in response to its notice of intent to grant a variance, filed August 31, 1988. In accordance with Section 120.57(1)(b)3., Florida Statutes (1987), DER elected to transmit these hearing requests to the Division of Administrative Hearings, where they were docketed as thirteen separate cases. By order entered December 20, 1988, proceedings on all hearing requests were consolidated. As recited in the City's proposed recommended order: The City and DER presented the testimony of Victoria Tschinkel, an expert in environmental regulation and environmental biology; David K. Nickerson, an expert in wetlands permitting, mitigation, and wetlands ecology; Samuel E. Wiley, an expert in wildlife biology; Janet J. Llewellyn, an expert in wetlands ecology, the assessment of impacts of dredge and fill projects, the evaluation of mitigation plans, and the application of DER's regulations to dredge and fill projects; Heather L. Nixon, an expert in wetland ecology; Glenn E. Lowe, Jr., an expert in zoology and wetland ecology; James A. Nissen, an expert design engineer for the design and operation of sanitary landfills; David E. Deans, an expert in landfill design and the design of liners and leachate collection systems; Hilary Theisen, an expert in landfill operations, odor control, and gas control; Mary C. Nogas; Stewart L. Stover, Jr., an expert in geology and hydrogeology; G. Warren Leve, an expert in geology and hydrogeology; Robert W. Bass, an expert in environmental engineering and leachate characterization; Frank A. Jones, an expert in environmental toxicology; Vincent P. Amy, an expert in geology, hydrogeology and groundwater quality; Firmin W. Southwell; Linda M. Danco, an expert in stormwater engineering; Caroline J. Mitchell, an expert in stormwater engineering; John E. Timberlake, an expert in stormwater engineering; David Miracle, an expert in environmental engineering, with a special expertise in stormwater and surface water management; James A. Horton, an expert in geotechnical engineering; Patrick T. Karney, an expert in wastewater treatment; Janice Nepshinsky, an expert in environmental engineering, with a special expertise in water chemistry and water quality; Mark Santarelli, an expert in well drilling and construction; Richard Wilkins, an expert in the regulation of pollution sources in Florida; Philip M. Coram, an expert in environmental engineering, the application of DER rules to solid, hazardous, domestic, and industrial waste facilities, the review and evaluation of groundwater monitoring plans, and the application of DER rules to stormwater sources. The McCormicks presented the testimony of J. T. McCormick, J. Haydon McCormick, and Theodore F. Petit. STOP, Inc. presented the testimony of Mr. Gordon Gruhn.Landfill applicant must show entitlement de novo to variance despite DER's intent to grant. No mixing zone allowed for carcinogens leaking from lining.

The issue to be determined in this proceeding is whether a small scale development amendment to the future land use map of the City of Jacksonville's 2030 Comprehensive Plan, adopted by Ordinance No. 2019-750-E on February 25, 2020 (the Ordinance), is "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.Petitioners did not prove beyond fair debate that the small scale comprehensive plan amendment application for a future land use map change was not "in compliance," as defined under section 163.3184.