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Wyndham Douglas Beason
Wyndham Douglas Beason
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Bar #379239(FL)     License for 41 years
Tallahassee FL

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14-001420RU  PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 25, 2014
The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.
14-001421RP  PAUL STILL vs SUWANNEE RIVER WATER MANAGEMENT DISTRICT AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 24, 2014
The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.
14-001443RP  PAUL STILL vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 27, 2014
The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.
14-001644RP  FLORIDA WILDLIFE FEDERATION, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: Apr. 11, 2014
The issues to be determined in this case are whether proposed Florida Administrative Code Rules 62-42.100, 62-42.200, 62-42.300, and a document incorporated by reference (“the Proposed Rules”) are invalid exercises of delegated legislative authority; whether the Department of Environmental Protection (“DEP”) complied with statutory requirements regarding preparation of a statement of estimated regulatory costs (“SERC”) for the Proposed Rules; and whether the approval by the Governing Board of the Suwannee River Water Management District (“SRWMD”) of a document entitled “Recovery Strategy: Lower Santa Fe River Basin” (“Recovery Strategy”) is invalid because it required rulemaking.It is concluded that proposed rules 62-42.100, 62-42.200, and the Supplemental Regulatory Measures incorporated by reference in rule 62.-42.300(1)(d) are valid, but proposed rules 62-42.300(1)(a) and (b) are invalid because they are vague.
14-002415  DUMP THE PUMPS, INC., ET AL., vs FLORIDA KEYS AQUEDUCT AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: May 20, 2014
The issue in these consolidated cases is whether Respondent Florida Keys Aqueduct Authority ("FKAA") is entitled to issuance, by Respondent Department of Environmental Protection ("DEP"), of permit numbers 295404-018-DWC/CM ("Permit 18"), 295404-019-DWC/CM ("Permit 19"), 295404-025-DWC/CM ("Permit 25"), and 295404-027- DWC/CM ("Permit 27") (hereafter "Permits at Issue") authorizing the dryline construction of domestic wastewater collection and transmission systems in the lower Florida Keys.1/Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of wastewater collection systems permits. Recommend issuance of permits.
14-002416  DUMP THE PUMPS, INC., AND JIM SKURA vs FLORIDA KEYS AQUEDUCT AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: May 20, 2014
The issue in these consolidated cases is whether Respondent Florida Keys Aqueduct Authority ("FKAA") is entitled to issuance, by Respondent Department of Environmental Protection ("DEP"), of permit numbers 295404-018-DWC/CM ("Permit 18"), 295404-019-DWC/CM ("Permit 19"), 295404-025-DWC/CM ("Permit 25"), and 295404-027- DWC/CM ("Permit 27") (hereafter "Permits at Issue") authorizing the dryline construction of domestic wastewater collection and transmission systems in the lower Florida Keys.1/Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of wastewater collection systems permits. Recommend issuance of permits.
14-002417  DUMP THE PUMPS, INC., AND GAIL KULIKOWSKY, AND MARGARET SCHWING vs FLORIDA KEYS AQUEDUCT AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: May 20, 2014
The issue in these consolidated cases is whether Respondent Florida Keys Aqueduct Authority ("FKAA") is entitled to issuance, by Respondent Department of Environmental Protection ("DEP"), of permit numbers 295404-018-DWC/CM ("Permit 18"), 295404-019-DWC/CM ("Permit 19"), 295404-025-DWC/CM ("Permit 25"), and 295404-027- DWC/CM ("Permit 27") (hereafter "Permits at Issue") authorizing the dryline construction of domestic wastewater collection and transmission systems in the lower Florida Keys.1/Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of wastewater collection systems permits. Recommend issuance of permits.
14-002420  DUMP THE PUMPS, INC., AND DEBORAH CURLEE vs FLORIDA KEYS AQUEDUCT AUTHORITY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: May 20, 2014
The issue in these consolidated cases is whether Respondent Florida Keys Aqueduct Authority ("FKAA") is entitled to issuance, by Respondent Department of Environmental Protection ("DEP"), of permit numbers 295404-018-DWC/CM ("Permit 18"), 295404-019-DWC/CM ("Permit 19"), 295404-025-DWC/CM ("Permit 25"), and 295404-027- DWC/CM ("Permit 27") (hereafter "Permits at Issue") authorizing the dryline construction of domestic wastewater collection and transmission systems in the lower Florida Keys.1/Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of wastewater collection systems permits. Recommend issuance of permits.
14-000517  CAPITAL CITY BANK vs FRANKLIN COUNTY AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2014)
Division of Administrative Hearings, Florida Filed: Jan. 31, 2014
The issue is whether Franklin County (County) has given reasonable assurance that it satisfies all requirements for an after-the-fact permit authorizing the construction of a rock revetment seaward of the coastal construction control line (CCCL) on Alligator Drive, also known as County Road 370.County gave reasonable assurances that new coastal armoring (revetment) would not have adverse impacts on an adjacent revetment or adjacent upland properties.
12-003427  SAVE OUR CREEKS, INC. AND ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC. vs FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND DEPARTMENT OF ENVIRONMENTAL PROTECTION  (2012)
Division of Administrative Hearings, Florida Filed: Oct. 18, 2012
The issue to be determined in this case is whether the Florida Fish and Wildlife Conservation Commission (“Commission”) is entitled to the requested minor modification of its existing Environmental Resource Permit and Sovereign Submerged Lands Authorization, which would authorize the backfilling of a portion of Fisheating Creek as part of a restoration project.The applicant for a Consolidated Environmental Resource Permit and Sovereignty Submerged Lands Authorization failed to provide reasonable assurance that the proposed restoration of Fisheating Creek was not contrary to the public interest.

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