St. Johns FL Environmental Law, Government and Transportatio -- eLawyers

18-005246 CITY OF JACKSONVILLE vs DAMES POINT WORKBOATS, LLC, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2018)

Division of Administrative Hearings, Florida Filed: Oct. 01, 2018

The issue is whether Respondent, Dames Point Workboats, LLC, is entitled to issuance of the Consolidated Environmental Resource Permit and Recommended Intent to Grant Sovereignty Submerged Lands Authorization, Permit No. 16-0345934-003-EI, as announced by Respondent, Department of Environmental Protection, in the Consolidated Notice of Intent to Issue Environmental Resource Permit and Lease to Use Sovereignty Submerged Lands issued on July 20, 2018, and subsequently amended on December 11, 2018.Respondent, applicant for an environmental resource permit and sovereignty submerged lands lease, demonstrated entitlement to these approvals. Petitioner did not carry burden of proof under section 120.569(2)(p).

15-001651GM EDWARD RUBEN ANDERSON vs CITY OF ST. AUGUSTINE (2015)

Division of Administrative Hearings, Florida Filed: Mar. 23, 2015

The issue to be determined in this case is whether the City of St. Augustine’s proposed amendment to its Comprehensive Plan, adopted via Ordinance 2015-03, is “in compliance,” as that term is defined in section 163.3184(1)(b), Florida Statutes (2014).Petitioner failed to prove the City of St. Augustine's proposed small-scale comprehensive plan amendment was not in compliance.

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.

14-001644RP FLORIDA WILDLIFE FEDERATION, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2014)

Division of Administrative Hearings, Florida Filed: Apr. 11, 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.

03-004758GM CHARLES OSBORNE; BERNARD KNIGHT; AND MARY JO KNIGHT vs TOWN OF BEVERLY BEACH AND DEPARTMENT OF COMMUNITY AFFAIRS (2003)

Division of Administrative Hearings, Florida Filed: Dec. 18, 2003

The issue in the case is whether the Town of Beverly Beach's Comprehensive Plan Amendment 03-1, initially adopted by Ordinance 2003-ORD-6 and amended by Ordinance 2004-ORD-6, is "in compliance," as required by Section 163.3184, Florida Statutes (2004).The Town`s comprehensive plan amendment to re-designate spoil areas from conservation to residential use is "in compliance." A challenger who alleges data and analysis insufficient must do more than identify the data errors; they must undermine the case.

02-004850 ASHER G. SULLIVAN, JR., D/B/A ST. AUGUSTINE TRUST vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2002)

Division of Administrative Hearings, Florida Filed: Dec. 20, 2002

The issue presented is whether, pursuant to Section 376.3072, Florida Statutes, Petitioner, Asher G. Sullivan, Jr., d/b/a St. Augustine Trust, is eligible for restoration coverage pursuant to the Florida Petroleum Liability Restoration and Insurance Program (FPLRIP), Section 376.3072, Florida Statutes.The owner of underground storage tanks was not eligible for restoration coverage because he did not maintain financial responsibility, i.e., insurance coverage, upon the report of the discharge to the Department of Environmental Protection.

01-000293RU MICHAEL B. HARRISON ON BEHALF OF NOLAN WALTER HARRISON, A MINOR vs CHARLIE CRIST, AS COMMISSIONER OF EDUCATION (2001)

Division of Administrative Hearings, Florida Filed: Jan. 23, 2001

This is a rule challenge proceeding pursuant to Section 120.56(4), Florida Statutes, in which Petitioner claims to be substantially affected by an agency statement that allegedly violates Section 120.54(1)(a), Florida Statutes. The subject matter at issue here concerns two sentences at page 11 of a pamphlet generated by Respondent, which is entitled "Florida's Educational Opportunities for Students with Sensory Impairments (2000)(the DOE Pamphlet)." The two sentences state that the Florida School for the Deaf and the Blind (FSDB) is an available educational option for sensory-impaired children in Florida.Petitioner alleged that a portion of a Department of Education pamphlet was an unpromulgated rule. Petitioner failed to meet his burden of proof.

93-005553RU ENVIROCHEM ENVIRONMENTAL SERVICES, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (1993)

Division of Administrative Hearings, Florida Filed: Sep. 27, 1993

Whether the April 26, 1993, revised edition of the Department of Environmental Protection's Guidelines for Characterizing RCRA 1/ Violations (hereinafter referred to as the "Guidelines") constitute a "rule," within the meaning of Section 120.52(16), Florida Statutes, subject to challenge pursuant to Section 120.535, Florida Statutes, by a "substantially affected" person? If so, whether Petitioner is such a "substantially affected" person? If so, whether the Guidelines violate the requirements of Section 120.535, Florida Statutes?Guidelines to be used by DEP staff in deciding amount of settlement offer made to RCRA violator not a "rule" subject to rulemaking requirements of Section 120.535, Florida Statutes.

Sidney Franklyn Ansbacher