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19-003356  THOMAS WILSON vs U.S. ARMY CORPS OF ENGINEERS AND FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2019)
Division of Administrative Hearings, Florida Filed: Jun. 19, 2019
The issues to be determined are whether the U.S. Army Corps of Engineers (“Corps”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to Department of Environmental Protection (“DEP”) Permit Modification No. 0288799-006-JN (“Permit Modification”), as amended by the DEP’s August 21, 2019, Notice of Proposed Changes to Proposed Agency Action (“Proposed Change”) in the nearshore zone east of East Pass; and whether the East Pass Inlet Management Plan (“East Pass IMP”) is an unadopted rule as described in section 120.57(1)(e), Florida Statutes.The Corps of Engineers demonstrated that spoil from the dredging of East Pass should, to be compliant with section 161.142, Florida Statutes, be placed on adjacent eroding beaches east of the inlet.
19-001844  JOHN S. DONOVAN, DAVID H. SHERRY, AND REBECCA R. SHERRY vs CITY OF DESTIN, FLORIDA, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2019)
Division of Administrative Hearings, Florida Filed: Apr. 09, 2019
The issues to be determined is whether the City of Destin (“City”) has demonstrated its entitlement to place dredged material from the maintenance dredging of the East Pass (“East Pass” or “inlet”) entrance channel conducted pursuant to the Consolidated Joint Coastal Permit and Sovereign Submerged Lands Authorization, Permit Number: 0288799-003-JC (“Permit”), in the swash zone east of East Pass in accordance with the Notice to Proceed (“NTP”); and whether the Inlet Management Plan referenced in the NTP is an unadopted rule as described in section 120.57(1)(e), Florida Statutes.    ˆ  °*+ " ,  &-ˆ .# /!ˆ(0 / .!°/ ˜)1* $˜+!22-"°##3!4 #/ 4$#!"ˆ##%'"ˆ #& ˆ'(# ! &" & !° %&'  ˆ5#"!  #% ˜$ !"ˆ&#  ˆ !&ˆ 6## !( ! !'# $!"#%ˆ &6## "7 !'(! &" %ˆ &7ˆ6 !' # 8#ˆ# !'97!&ˆ: -( ˆ7;#"ˆ&#° ˆ%!7ˆ'ˆ#  4%9 #7! #&ˆ$%!" #! ' &ˆ : -"°" #@A%B@BC $# !'4 # %97!&ˆ%ˆ &4 (ˆ# D #!'/ ! D #ˆ7E!# #!  4$-$ˆ 3!:FC4CGHIC@ =!6 ˜" ˆ7$ˆ 3!:FCGHCJI °7 2ˆ &ˆ  &!( ! #F= #ˆ87!ˆ %$7 K  FL6"#ˆˆ  &!( ! M4:N #8ˆ' # ˆ Eˆ# K. !7& >! 8:! ! ˆ %4ˆ &0:8 %. ˜ ˆ.:8 % &!Dˆ ;7 !  : >" '# ;!1!'6 O%-$O$ N>! ( #-O:1:+! 6# 7N # $:4!# 2ˆˆ ˆ8ˆK ˆ Eˆ"7>:E!7#!%>: D!# >:E
17-002201  TOWN OF HILLSBORO BEACH vs CITY OF BOCA RATON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2017)
Division of Administrative Hearings, Florida Filed: Apr. 11, 2017
The issue to be decided in this case is whether the City of Boca Raton (“City”) is entitled to the requested modification of its Joint Coastal Permit.The City proved its entitlement to the proposed modification of its joint coastal permit. The Department did not adopt the Strategic Beach Management Plan as a rule and, therefore, cannot require the modification to be consistent with the plan.
17-002566  MARTIN COUNTY AND ST. LUCIE COUNTY vs ALL ABOARD FLORIDA OPERATIONS, LLC; FLORIDA EAST COAST RAILWAY, LLC; AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2017)
Division of Administrative Hearings, Florida Filed: May 02, 2017
Applicants demonstrated their entitlement to an Environmental Resource Permit Modification and a Verification of Exemption for a stormwater management system to serve express passenger train facilities.
16-005718  MARTIN COUNTY AND ST. LUCIE COUNTY vs ALL ABOARD FLORIDA - OPERATIONS, LLC; FLORIDA EAST COAST RAILWAY, LLC; AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2016)
Division of Administrative Hearings, Florida Filed: Sep. 30, 2016
The issues to be determined in these consolidated cases are whether All Aboard Florida – Operations, LLC (“the Applicant”), and Florida East Coast Railway, LLC (“FECR”), are entitled to an Environmental Resource Permit Modification authorizing the construction of a stormwater management system and related activities to serve railway facilities, and a verification of exemption for work to be done at 23 roadway crossings (collectively referred to as “the project”).Applicants demonstrated their entitlement to an Environmental Resource Permit Modification and a Verification of Exemption for a stormwater management system to serve express passenger train facilities.
16-001278  WOLFCREEK HOMEOWNERS ASSOCIATION, INC.; J.P. LEPEZ; CAROL SMITH; MICHAEL URBAN; AND ELIZABETH URBAN vs LEON COUNTY DEPARTMENT OF DEVELOPMENT SUPPORT AND ENVIRONMENTAL MANAGEMENT, AND FLORESTA, LLC  (2016)
Division of Administrative Hearings, Florida Filed: Mar. 09, 2016
The issue is whether Leon County Project ID No. LSP160001, conditionally approved on February 5, 2016, is consistent with the Leon County Land Development Code (Code) and the Tallahassee-Leon County 2030 Comprehensive Plan (Plan).Applicant demonstrated that its site and development plan for tiny homes was consistent with County Code and Comprehensive Plan.
15-000572  ALICO WEST FUND, LLC vs MIROMAR LAKES, LLC, AND SOUTH FLORIDA WATER MANAGEMENT DISTRICT  (2015)
Division of Administrative Hearings, Florida Filed: Feb. 03, 2015
The issue is whether to approve an Environmental Resource Permit (ERP) modification for the construction of a surface water management system, to be issued to Respondent, Miromar Lakes, LLC (Miromar), which will serve a 29.08-acre single- family residential development known as The Peninsula Phase IV (Phase IV) located in Lee County, Florida.Applicant provided reasonable assurances that permit satisified all relevant rules and other criteria. Application deemed a minor modification of a conceptual permit subject to rules in effect in 1999.
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.
13-000706BID  LITTLE HAVANA ACTIVITIES AND NUTRITION CENTERS OF DADE COUNTY, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2013)
Division of Administrative Hearings, Florida Filed: Feb. 22, 2013
The issues in the case are (1) whether the decision of the Agency for Health Care Administration (AHCA) to not select Little Havana Activities and Nutrition Centers of Dade County, Inc. (Little Havana), for the award of a contract for the provision of long-term care managed care services pursuant to AHCA Invitation to Negotiation Solicitation No. AHCA ITN 011- 12/13, entitled "Statewide Medicaid Managed Care--Long Term Care, Region 11" (ITN) was contrary to the AHCA's governing statutes, rules, polices or any applicable ITN specification, and, if so, whether such selection decision was clearly erroneous, contrary to competition, arbitrary, or capricious; whether Little Havana's response to the ITN was responsive; whether Little Havana was a responsible vendor; and (4) whether Little Havana's protest is barred for failure to submit the required protest bond.Protestor did not have standing to protest contract awards because it was neither responsive nor responsible.
12-003867  DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, DIVISION OF ALCOHOLIC BEVERAGES AND TOBACCO vs 7 ELEVEN, INC., AND PTL ASSOCIATES, INC., D/B/A 7 ELEVEN STORE NO. 32599A  (2012)
Division of Administrative Hearings, Florida Filed: Nov. 29, 2012
Whether the Respondent committed the offense alleged in the Administrative Complaint dated August 14, 2012, and, if so, what penalties, if any, should be imposed.Respondent sold beer to underage purchaser.

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