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Timothy Franklin Campbell
Timothy Franklin Campbell
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Bar #770604(FL)     License for 36 years
Lakeland FL

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94-005742RP  CHARLOTTE COUNTY vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT  (1994)
Division of Administrative Hearings, Florida Filed: Oct. 14, 1994
The primary issue in these consolidated cases is whether the proposed Southern Water Use Caution Area ("SWUCA") rules of the Southwest Florida Water Management District (the "District") constitute an invalid exercise of delegated legislative authority. Also at issue in the proceedings is the validity of certain portions of the District's existing water use permitting rules contained in Chapter 40D-2, Florida Administrative Code ("F.A.C."), and the "Basis of Review for Water Use Permit Applications" that the District has adopted by reference in Rule 40D-2.091, F.A.C. Finally, certain policies allegedly utilized by the District in its water use permitting program have been challenged as unpromulgated rules in contravention of Section 120.535, Florida Statutes (1993) ("F.S.").Prop method for calculating min aquifer levels were scientif and statistically sound. Prop method of applying min level was invalid. Existing water use permit rules set forth approp consid but vague. Computer method used as screening tool consti a rule
92-002959DRI  DEPARTMENT OF COMMUNITY AFFAIRS vs ROBERT CROWDER AND POLK COUNTY  (1992)
Division of Administrative Hearings, Florida Filed: May 14, 1992
The issue in this case is whether the development order issued by Polk County for Robert Crowder's development known as Paradise Country Estates complies with Chapter 380, Fla. Stat. (1991). The Department of Community Affairs' Petition for Appeal of Development Order (the DCA Petition) alleges that the development order is contrary to Polk County's 1985 comprehensive plan for the following reasons: Paragraph 11 of the DCA Petition alleges that the development order is contrary to the provisions of Policy 9, Objective III, "Natural Resources," of the Land Use Element (LUE) of the 1985 Plan. Policy 9 states: "Structures should be placed in a manner which will not adversely affect the natural flow regime and which will not reduce the recharge capabilities." Paragraph 12 of the DCA Petition alleges that the development order is contrary to the provisions of Policy 10, Objective III, "Natural Resources," of the LUE. Policy 10 states: "Placement of structures shall be consistent with sound flood plain management practices such as compliance with the Flood Disaster Protection Act of 1973." Paragraph 13 of the DCA Petition alleges that the development order is contrary to the provisions of Policy 11, Objective III, "Natural Resources," of the LUE and Policies 9 and 10 of the "Water Resource Objective" of the Conservation Element of the Plan. Respectively, these policies state: 11. Groundwater withdrawal should not exceed the safe yield per acre as determined by Water Management Districts or successor agencies.DO for 356 unit subdivision on 1280 acres in Green Swamp ACSC; OSDS (septic systems) didn't consider density and intensity; Vs compensation plan and Land Development Regions.

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