Duval FL Administrative law and Government Lawyers | Wayne E -- eLawyers

10-000521EF DEPARTMENT OF ENVIRONMENTAL PROTECTION vs DAVID H. FORT AND CLAUDIA A. FORT (2010)

Division of Administrative Hearings, Florida Filed: Feb. 03, 2010

The issues in this case are whether Respondents, David H. Fort and Claudia A. Fort, violated certain statutes and rules of Petitioners, Department of Environmental Protection ("Department") and Board of Trustees of the Internal Improvement Trust Fund ("Trustees"), related to the construction of a dock and boathouse and the use of sovereignty submerged lands, as alleged in the Amended Notice of Violation and Orders for Corrective Action ("Amended NOV") and, if so, whether the administrative fines, investigative costs, and corrective actions sought by Petitioners should be imposed against Respondents.Petitioners proved that Respondents built a dock and boathouse that included structures and uses that were not water-dependent, which was contrary to the terms of the permit and sovereignty lands lease.

06-002464 MARION COUNTY, FLORIDA vs C. RAY GREENE, III; ANGUS S. HASTINGS; AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (2006)

Division of Administrative Hearings, Florida Filed: Jul. 14, 2006

The issue in this case is whether the portion of Consumptive Use Permit (CUP) Application Number 97106 seeking an allocation of 499,000 gallons per day (gpd) of groundwater for commercial/industrial uses (supply bulk water to bottling plants) meets the conditions for issuance as established in Section 373.223, Florida Statutes, Florida Administrative Code Rule 40C-2.301, and the Applicant’s Handbook, Consumptive Uses of Water.1 The County does not oppose or contest the portion of the CUP application authorizing use of 6.0 million gpd of surface water for limerock mining operations.Applicant proved the criteria for a Consumptive Use Permit for bottled water had been met. The local comprehensive plan and zoning are not relevant.

99-002278BID CENTER PRINTING, INC. vs UNIVERSITY OF NORTH FLORIDA (1999)

Division of Administrative Hearings, Florida Filed: May 24, 1999

Was it appropriate for the University of North Florida (the University) to award the contract in its Invitation to Bid, Bid No. 99-12P (the ITB), to Corporate Express, Inc. (Corporate Express), the second low bidder by price? This decision was made having rejected the bid by Center Printing, Inc. (Center Printing), the low bidder by price. See Section 120.57(3), Florida Statutes.Low bidder by price was not responsive to the bid. The contract was awarded to the second lowest bidder.

94-006578RP ZELLWOOD DRAINAGE AND WATER CONTROL DISTRICT vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Nov. 23, 1994

Appendix "A" to the final order describes the issues of fact and law which must be resolved.The agency did not have authority to establish a nutrient budget for phosphorous.

92-005017 LAKE BROOKLYN CIVIC ASSOCIATION, INC. vs FLORIDA ROCK INDUSTRIES AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1992)

Division of Administrative Hearings, Florida Filed: Aug. 20, 1992

The issue is whether Florida Rock Industries' application for renewal of its consumptive use permit to pump water at its Goldhead Sand Mine in Clay County, Florida, should be granted.Mining operations not responsible for declining levels of water in nearby lakes. Permit issued.

93-007109RP JOSEPH SMITH, LENA SMITH, EUGENE COLWELL, ANNA COLWELL, JERRY HARRIS, AND BRENDA HARRIS vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1993)

Division of Administrative Hearings, Florida Filed: Dec. 17, 1993

Whether Proposed Rule 40C-2.302, Florida Administrative Code, constitutes an invalid exercise of delegated authority. Whether a proposed amendment to Rule 40C-2.051(6), Florida Administrative Code, constitutes an invalid exercise of delegated authority.Petitioners failed to prove rules reserving water for fish and wildlife of Paynes Prairie and exempting from consumptive use permit are invalid.

94-000544 JOSEPH SMITH, LENA SMITH, EUGENE COLWELL, ANNA COLWELL, JERRY HARRIS, AND BRENDA HARRIS vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1994)

Division of Administrative Hearings, Florida Filed: Jan. 31, 1994

On November 26, 1993, the Respondent caused a Notice of Intent to be published in the Florida Administrative Weekly announcing the Respondent's intent to adopt proposed Rule 40C-2.302, Florida Administrative Code, and to amend Rule 40C-2.052(6), Florida Administrative Code. On December 17, 1993, the Petitioners filed a Petition for Administrative Determination of Invalidity of Proposed Rules challenging the proposed rule and and the proposed amendment. The petition was assigned case number 93-7109.Rule "drawout" proceeding pursuant to Section 120.57(17).

90-005247 SAVE THE ST. JOHNS RIVER vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1990)

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

The central issue in this case is whether the application for a surface water management permit (permit no. 4-009-0077AM) filed by the Respondent, David A. Smith (Applicant), should be approved.Applicant entitled to permit as reasonable assurance provided; the predevel- opment condition of parcel correctly reviewed by district - not challenger.

91-001779 OSCEOLA COUNTY vs SOUTH BREVARD WATER AUTHORITY (1991)

Division of Administrative Hearings, Florida Filed: Mar. 22, 1991

As reflected in the parties' prehearing stipulation filed on August 28, 1991, the issue in this case is whether the St. Johns River Water Management District (SJRWMD) should approve South Brevard Water Authority's (SBWA) consumptive use permit (CUP) application. The SBWA is seeking permission to withdraw an annual average daily rate of 18.8 million gallons (mgd) and a maximum daily rate of 21.4 mgd. The District proposes to grant the permit with specified conditions. Petitioners challenge the issuance of the permit, alleging that applicable requirements of Chapter 373, F.S. and Chapter 40C-2, F.A.C. and other applicable law are not met. The standing of Petitioners, other than Osceola County, is at issue. Also at issue is whether the relevant criteria include consideration of the adequacy of existing sources of water, and the consideration of costs of utilizing existing sources versus the cost of the proposed new source of water.Cumsumptive Use Permit permit denied to regional water authority when existing sources are adequate and proposed use will adversely affect wetlands.

90-005835RX SIERRA CLUB, INC., AND THE FLORIDA WILD LIFE FEDERATION, INC. vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (1990)

Division of Administrative Hearings, Florida Filed: Sep. 19, 1990

This is a challenge to certain administrative rules adopted by the St. Johns River Water Management District relating to permitting criteria for isolated wetlands. Section 373.414, F.S. mandates that permitting criteria for isolated wetlands be adopted by water management districts, by rule, by March 31, 1987. The statute also includes four more specific requirements for those rules. Petitioners contend that St. Johns River Water Management District Rule Chapter 40C-4, F.A.C. and the Applicant's Handbook, Management and Storage of Surface Waters, adopted as a rule by reference, fail to comply with the statutory mandate and are an invalid exercise of delegated legislative authority by the District. Respondent, St. Johns River Water Management District, contends that its rules comply with Section 373.414, F.S.. St. Johns River Water Management District contests the standing of Petitioner, the Florida Wildlife Federation, Inc. Intervenors, E.I. Du Pont De Nemours and Company, Inc. and Associated Minerals (USA), Inc., support the District's position and contest the standing of both Petitioners.Rules related to isolated welands are invalid for failure to protect wetlands as intended by statute and for failure to consider cummulative impact

Wayne Edwin Flowers