Leon FL Administrative law, Environmental Law and Federal re -- eLawyers

Terry Cole

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Bar #133550(FL) License for 54 years

Tallahassee FL

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CFR: 40 CFR 122.41, 40 CFR 130, 40 CFR 130.7, 40 CFR 130.7, 40 CFR 130.7, 40 CFR 130.7, 40 CFR 130.7, 40 CFR 130.7, 40 CFR 131, 40 CFR 131.11, 40 CFR 131.11, 40 CFR 131.11, 40 CFR 50.2, 40 CFR 50.2, 40 CFR 50.2, 42 CFR 422, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.350, 42 CFR 422.352, 42 CFR 422.354

Florida Laws: 119.07, 119.15, 120.52, 120.536, 120.54, 120.541, 120.542, 120.56, 120.569, 120.57, 120.68, 163.3164, 163.3167, 20.255, 216.311, 253.03, 258.004, 258.007, 373.309, 373.414, 373.4145, 373.4592, 376.30702, 377.21, 377.22, 377.371, 377.601, 380.04, 403.021, 403.031, 403.051, 403.061, 403.062, 403.067, 403.086, 403.0872, 403.088, 403.0885, 403.201, 403.412, 403.501, 403.502, 403.503, 403.504, 403.5066, 403.50665, 403.507, 403.508, 403.509, 403.510, 403.511, 403.5115, 403.518, 403.5185, 403.519, 403.52, 403.521, 403.522, 403.526, 403.527, 403.5271, 403.529, 403.531, 403.5365, 403.537, 403.804, 403.805, 403.855, 403.861, 403.93345, 409.901, 409.912, 409.91211, 409.962, 409.966, 409.974, 456.053, 550.0251, 550.2415, 641.316, 83.61, 90.202, 934.02

Florida Administrative Code: 18-14.003, 18-21.004, 61D-6.002, 62-210.200, 62-302.200, 62-302.300, 62-302.500, 62-302.530, 62-302.531, 62-302.532, 62-302.700, 62-302.800, 62-303.150, 62-303.351, 62-303.353, 62-303.354, 62-303.500, 62-4.070, 62-4.242, 62-4.244, 62-660.300, 62D-2.014

16-1897 Joseph Simmons v. State of Florida (2016)

District Court of Appeal of Florida Filed: Jun. 29, 2016

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JOSEPH SIMMONS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND Petitioner, DISPOSITION THEREOF IF FILED v. CASE NO. 1D16-1897 STATE OF FLORIDA, Respondent. _/ Opinion filed June 24, 2016. Petition for Belated Appeal - Original Jurisdiction. Joseph Simmons, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. PER CURIAM. DENIED as untimely. See Fla. R. App. P. 9.141(c)(5)(A). ROBERTS, C.J..

78-2278 Rite Research Improves the Environment, Inc. v. Douglas M. Costle, Administrator of the Environmental Protection Agency, Etc. (1981)

Court of Appeals for the Fifth Circuit Filed: May 26, 1981 Citations: 650 F.2d 1312

650 F.2d 1312 16 ERC 1001 , 11 Envtl. L. Rep. 20,825 RITE RESEARCH IMPROVES the ENVIRONMENT, INC., Plaintiff-Appellant, v. Douglas M. COSTLE, Administrator of the Environmental Protection Agency, Etc. et al., Defendants-Appellees. No. 78-2278. United States Court of Appeals, Fifth Circuit. May 26, 1981. Fleming & Neuman, Joseph Z. Fleming, Miami, Fla., for plaintiff-appellant. Michael McCord, James W. Moorman, Edward J. Shawaker, Maria A. Iizuka, Dept. of Justice, Land and Natural Resources Div.,..

10-10886 Fla. Wildlife Federation v. South Fla. Water Mgmt. (2011)

Court of Appeals for the Eleventh Circuit Filed: Aug. 03, 2011 Citations: 647 F.3d 1296

647 F.3d 1296 (2011) FLORIDA WILDLIFE FEDERATION, INC., Sierra Club, Inc., Environmental Confederation of Southwest Florida, Inc., St. Johns Riverkeeper, Inc., Conservancy of Southwest Florida, Inc., Plaintiffs-Appellees, FWEA Utility Council, Florida Minerals and Chemistry Council, Inc., State of Florida Department of Agriculture, Intervenors-Plaintiffs-Appellees, Florida Farm Bureau Federation, Intervenor-Plaintiff-Cross-Claimant-Appellee, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Intervenor-..

16-006889RP ASSOCIATED INDUSTRIES OF FLORIDA, INC.; FLORIDA FARM BUREAU FEDERATION; FLORIDA RETAIL FEDERATION, INC.; FLORIDA TRUCKING ASSOCIATION, INC.; AND NATIONAL FEDERATION OF INDEPENDENT BUSINESS, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2016)

Division of Administrative Hearings, Florida Filed: Nov. 18, 2016

The issue to be determined in this case is whether proposed Florida Administrative Code Rule 62-4.161 of the Department of Environmental Protection (“DEP”) is an invalid exercise of delegated legislative authority.The proposed rule is invalid because the agency failed to follow rulemaking requirements, there is no statutory authority for the rule, it enlarges the law implemented, and it imposes invalid regulatory costs.

3D08-469 Penn v. State (2008)

District Court of Appeal of Florida Filed: May 28, 2008 Citations: 984 So. 2d 1260

984 So. 2d 1260 (2008) PENN v. STATE. No. 3D08-469. District Court of Appeal of Florida, Third District. May 28, 2008. Decision without published opinion. Affirmed.

KK-100 COUCH CONST. CO., INC. v. Department of Transp. (1978)

District Court of Appeal of Florida Filed: Jun. 16, 1978 Citations: 361 So. 2d 184

361 So. 2d 184 (1978) COUCH CONSTRUCTION COMPANY, INC., Petitioner, v. DEPARTMENT OF TRANSPORTATION, State of Florida, Respondent, and White Construction Company, Inc., Intervenor. No. KK-100. District Court of Appeal of Florida, First District. June 16, 1978. Rehearing Denied June 26, 1978. *185 Robert R. Feagin, III, F. Alan Cummings and John Radey of Holland & Knight, Tallahassee, for petitioner. H. Reynolds Sampson, Tallahassee, for respondent. John S. Rawls and Elaine N. Duggar, Tallahassee,..

2D08-3837 Tullos v. Tullos (2010)

District Court of Appeal of Florida Filed: May 21, 2010 Citations: 37 So. 3d 355

37 So. 3d 355 (2010) Betty TULLOS, Appellant, v. Paul W. TULLOS, Appellee. No. 2D08-3837. District Court of Appeal of Florida, Second District. May 21, 2010. *356 Warren Hope Dawson, Tampa, for Appellant. Carlos A. Pazos of The Pazos Law Firm, P.A., Tampa, for Appellee. LaROSE, Judge. Betty Tullos appeals the trial court's order awarding her a less-than-requested amount of attorney's fees incurred in a dissolution action. The parties had stipulated that the amount of attorney's fees and costs was..

85-949 Daniels v. Arthur Johannessen, Inc. (1986)

District Court of Appeal of Florida Filed: Oct. 24, 1986 Citations: 496 So. 2d 914

496 So. 2d 914 (1986) Thomas and Virginia DANIELS, Appellants, v. ARTHUR JOHANNESSEN, INC., Appellee. No. 85-949. District Court of Appeal of Florida, Second District. October 24, 1986. *915 Patricia Fields Anderson of Rahdert, Anderson & Richardson, St. Petersburg, for appellants. No Appearance for appellee. FRANK, Judge. Mr. and Mrs. Daniels have appealed from an order of the trial court denying their motion for attorney's fees and requiring each party to pay the other's costs. We reverse. The ..

13-004113BID CARE ACCESS PSN, LLC vs AGENCY FOR HEALTH CARE ADMINISTRATION (2013)

Division of Administrative Hearings, Florida Filed: Oct. 17, 2013

The issues in this bid protest are whether, in making the decision to award Intervenor Prestige Health Choice, LLC ("Prestige"), a contract to provide Medicaid managed medical assistance services as a provider service network in Region 11 (covering Miami-Dade and Monroe Counties), Respondent Agency for Health Care Administration ("AHCA") acted contrary to a governing statute, rule, or solicitation specification; and, if so, whether such action was clearly erroneous, contrary to competition, arbitrary, or capricious. (In this protest, Petitioner Care Access PSN, LLC ("Care Access"), challenges AHCA's intended award to Prestige in Region 11, and only that award. Care Access does not seek to upset any other intended awards in Region 11 or in any other Region.)The agency's intended contract award, being contrary to the statutes and project specifications, is clearly erroneous and should be rescinded.

11-006137RP FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2011)

Division of Administrative Hearings, Florida Filed: Dec. 01, 2011

The issues to be determined in these consolidated cases are whether existing Florida Administrative Code Rule 62-302.530(47)(b) of the Department of Environmental Protection ("Department"), referred to as the "narrative nutrient rule," is an invalid exercise of delegated legislative authority, and whether certain proposed rules of the Department, which amend Florida Administrative Code Chapters 62-302, entitled “Surface Water Quality Standards” and 62-303, entitled “Identification of Impaired Surface Waters,” are invalid exercises of delegated legislative authority.Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.