Leon FL Lawyers | Thomas Guy Tomasello -- eLawyers

07-005216 JAMES HASSELBACK vs DANIEL G. AND DORIS WENTZ AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2007)

Division of Administrative Hearings, Florida Filed: May 10, 2011

The issues are whether the Department of Environmental Protection's (Department's) proposed agency action to issue a coastal construction control line (CCCL) permit to Respondents, Daniel G. and Doris L. Wentz (Wentzes or applicants), affects the substantial interests of Petitioner, James Hasselback, and if so, whether he timely filed his request for a hearing.Petitioner received constructive notice of agency action through his attorney and another property owner and did not timely file his petition. The Petition is dismissed, with prejudice.

08-001243RU EMMETT AND LINDA HILDRETH vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION (2008)

Division of Administrative Hearings, Florida Filed: Mar. 12, 2008

The issue is whether the Fish and Wildlife Conservation Commission (FWCC) has a policy of asserting that seawalls located more than 20 feet seaward of the foundation of the structure to be protected will result in a “take” of marine turtle habitat, and if so, whether the policy is an unadopted rule.FWCC policy that seawalls located more than 20 feet seaward of the structure being protected are likely to cause a take of marine turtle habitat is not a rule. The petition is dismissed.

06-002003RX GLORIA AUSTIN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2006)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2006

The issue is whether Florida Administrative Code Rule 62B- 33.005(3)(a) is an invalid exercise of delegated legislative authority for the reasons alleged by Petitioners.Florida Administrative Code Rule 62B-33.005(3)(a), which governs the cumulative impact analysis under the coastal construction control line permitting program, is not an invalid exercise of delegated legislative authority.

06-002004RX JO HESLIN vs DEPARTMENT OF ENVIRONMENTAL PROTECTION (2006)

Division of Administrative Hearings, Florida Filed: Jun. 07, 2006

The issue is whether Florida Administrative Code Rule 62B- 33.005(3)(a) is an invalid exercise of delegated legislative authority for the reasons alleged by Petitioners.Florida Administrative Code Rule 62B-33.005(3)(a), which governs the cumulative impact analysis under the coastal construction control line permitting program, is not an invalid exercise of delegated legislative authority.

05-000035 ATLANTIS AT PERDIDO ASSOCIATION, INC., AND SPANISH KEY CONDOMINIUM OWNERS` ASSOCIATION, INC. vs BOBBY L. WARNER, JOSEPH W., HELEN M. BELANGER, DONALD RAY STEPHENS AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (2005)

Division of Administrative Hearings, Florida Filed: Jan. 05, 2005

The issue in this case is whether the Department of Environmental Protection (DEP) should issue Coastal Construction Control Line (CCCL) Permit ES-540 to Bobby L. Warner, Joseph W. and Helen Belanger, and Donald Ray Stephens (Applicants) for structures seaward of the CCCL on Perdido Key in Escambia County, Florida.The application to replace two buildings with one building situated more landward, but still seaward of the Coastal Construction Control Line met the permit criteria.

02-003328 C. B. SUBRAHMANYAM; BECKY SUBRAHMANYAM; PREM SUBRAHMANYAM; JOY SUBRAHMANYAM; ANGELA K. MAIGE; CURTIS TURNAGE; MRS. TURNAGE; EDGAR T. BRUCE; WILLIAM M. PORTER; PEGGY ANN PORTER; AND CARNELIA NELSON vs LEON COUNTY AND CHARLES AND LINDA WIMBERLY (2002)

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

The issue for determination is whether Seminole Raceway, as proposed in Charles and Linda Wimberlys' Site and Development Plan and approved with conditions by the Leon County Development Review Committee (DRC), is consistent with the requirements of the 2010 Tallahassee-Leon County Comprehensive Plan (Comprehensive Plan) and is a permissible land use under applicable provisions of Chapter 10, Leon County Code (the Code).Site and Development plan for Seminole County Raceway satisfies requirement of Seminole County Comprehensive Plan and relevant provisions of the zoning code.

97-000342 KELLY CADILLAC, INC., AND HUDSON CONSTRUCTION COMPANY vs RESORT HOSPITALITY ENTERPRISES, LTD., AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1997)

Division of Administrative Hearings, Florida Filed: Jan. 22, 1997

The issues to be resolved in this proceeding concern whether the Department of Environmental Protection (DEP) has jurisdiction over the activities encompassed by Permit Application BA-475 (Amended) and, if so, whether issuance of the permit complies with the applicable provisions of Section 161.053, Florida Statutes, and Chapter 62B-33, Florida Administrative Code.Preponderance of evidence justified granting of coastal construction control line permit. Building on pilings, deck and pool of frangible construction, with dune rejuvenation, showed no adverse impact to dune system.

93-000604RU ANDREW MACHATA vs DEPARTMENT OF NATURAL RESOURCES (1993)

Division of Administrative Hearings, Florida Filed: Feb. 05, 1993

The issue for determination in this proceeding is whether Florida Administrative Code Rules 16B-33.005(1), 16B- 33.005(3)(c), 16B-33.005(3)(g), 16B-33.005(7), 16B-33.007(7), 1/ and certain agency statements interpreting those rules are an invalid exercise of delegated legislative authority within the meaning of Section 120.52(8), Florida Statutes. 2/Clearly justified necessity for permit. Written and unwritten rules are in- valid because they do not establish standards and are arbitrary & capricious

90-008074 ANDREW MACHATA vs DEPARTMENT OF NATURAL RESOURCES (1990)

Division of Administrative Hearings, Florida Filed: Dec. 21, 1990

The issue for determination in this proceeding is whether Respondent should issue a permit for coastal armoring to protect Petitioners' homes.Pet. clearly justified necessity for permit. Written & unwritten rules are invalid bec they do not adeq establ. standards & are arbitrary & capricious.

94-005826 REGENCY TOWERS CONDOMINIUM OWNERS ASSOCIATION, INC. vs DESTIN ARCHITECTURAL AND DEPARTMENT OF ENVIRONMENTAL PROTECTION (1994)

Division of Administrative Hearings, Florida Filed: Oct. 14, 1994

The issue is whether Respondent, Department of Environmental Protection ("DEP"), should grant the applicant, Pelican Resort Developments, Inc., a coastal construction control line ("CCCL") permit. The applicant seeks to construct a condominium project in Destin, Florida. Portions of the project are seaward of the CCCL for Okaloosa County.Application for coastal construction control line permit meets all requirements and should be granted.

Thomas Guy Tomasello