STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
APPLICATION OF PHILLIPS ) PETROLEUM COMPANY FOR DEVELOPMENT )
APPROVAL OF A PHOSPHATE MINE ) CASE NO. 76-1125DRI DEVELOPMENT OF REGIONAL IMPACT )
IN DESOTO COUNTY NO. 76-5 )
) APPLICATION OF PHILLIPS ) PETROLEUM COMPANY FOR DEVELOPMENT )
APPROVAL OF A PHOSPHATE MINE ) CASE NO. 76-1385DRI DEVELOPMENT OF REGIONAL IMPACT )
IN MANATEE COUNTY NO. 76-6 )
)
RECOMMENDED ORDER
This proceeding constitutes two appeals brought in accordance with the provisions of Florida Statutes Section 380.07(2) from development orders issued by local governments. On or about May 3, 1976, the Board of County Commissioners of DeSoto County, Florida issued a Development Order respecting an application for development approval for a development of regional impact which had been filed by Phillips Petroleum Company. On or about July 7, 1976, a similar development order was issued by the Board of County Commissioners of Manatee County. The Division of State Planning of the Department of Administration appealed each order to the Florida Land and Water Adjudicatory Commission. The Commission referred the cases to the Division of Administrative Hearings for the assignment of a Hearing Officer and the scheduling of hearings. Since the two cases involve the same development and essentially the same parties, proceedings have been consolidated. Amax Chemical Corporation has intervened in the proceeding, and will apparently succeed Phillips Petroleum Company as the developer of the proposed project. The Division of State Planning of the Department of Administration; Sarasota County, Florida, the Central Florida Regional Planning Council; the Tampa Bay Regional Planning Council; and Manatee County have appeared as parties in the appeal.
A final hearing was scheduled on several occasions during the pendency of the matters before the Division of Administrative Hearings. Most recently the final hearing was scheduled to be conducted during the week of February 7, 1977. The hearing was continued, and further proceedings in the case were stayed pending the resolution of an interlocutory appeal that was taken by Phillips Petroleum Company from an Order Denying Affirmative Defenses that had been entered by the undersigned Hearing Officer. During the pendency of the appeal the parties entered into settlement negotiations. Since the negotiations involved numerous parties, several governmental agencies, and complex issues, they were quite lengthy. It now appears that the negotiations have born fruit, and that the parties have reached an amicable settlement with respect to the issues.
The parties have filed a "Joint Motion for Recommended Order." The joint motion reflects that DeSoto County adopted a "Resolution Clarifying the Development Order Dated May 3, 1976" on August 1, 1978; and that Manatee County adopted a "Resolution Clarifying the Resolution Rendering the Development Order
dated July 7, 1976" on September 14, 1978. These newly adopted resolutions have resolved all of the issues that have been raised by all of the parties in these cases. Those parties who did not sign the Joint Motion have indicated their assent to it through subsequent correspondence to the undersigned. The only reservation from the provisions of the newly adopted resolutions are set out in Paragraph 9 of the joint motion which provides:
It is agreed by the parties hereto that to the extent that the total geographic area described by the legal description within the application for development approval contains any land or waters owned by the State of Florida, the development approvals granted herein shall not in any way waive or preclude the assertion of any rights
or interests of the State of Florida; and authority to mine or to otherwise use or exercise dominion and control over such lands unless specifically authorized by the appropriate agency of the State of Florida.
It appears that the parties have accomplished a resolution of the issues that have been raised in this proceeding, that the Joint Motion for Recommended Order should be granted, and that the appeals should be dismissed. Whereupon, it is,
That the Florida Land and Water Adjudicatory Commission enter a Final Order acknowledging the adoption of the clarifying resolutions by DeSoto County and Manatee County; acknowledging that a resolution of the issues raised in these appeals.
RECOMMENDED this 6th day of December, 1978, in Tallahassee, Florida.
G. STEVEN PFEIFFER Assistant Director
Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301
(904) 488-9675
COPIES FURNISHED:
Honorable Reubin O'D. Askew Governor, State of Florida The Capitol
Tallahassee, Florida 32304
Honorable Robert L. Shevin Attorney General
The Capitol
Tallahassee, Florida 32304
Honorable Doyle Conner Commissioner of Agriculture The Capitol
Tallahassee, Florida 32304
Honorable Ralph Turlington Commissioner of Education The Capitol
Tallahassee, Florida 32304
Honorable Philip F. Ashler State Treasurer and Insurance
Commissioner The Capitol
Tallahassee, Florida 32304
Honorable Gerald Lewis Comptroller
The Capitol
Tallahassee, Florida 32304
Secretary of State The Capitol
Tallahassee, Florida 32304
Jacob D. Varn, Esquire Carlton, Fields, Ward,
Emmanuel, Smith & Cutler
P. O. Box 3239 Tampa, Florida 33601
Office of the Secretary Department of Administration
530 Carlton Building Tallahassee, Florida 32304
Richard E. Nelson, Esquire Nelson, Hesse, Cyril & Weber 2070 Ringling Boulevard
Sarasota, Florida 33577
Roger C. Tucker, Esquire 3151 Third Avenue North Suite 508
St. Petersburg, Florida 33713
Jeff J. McKibben, Esquire
P. O. Box 230
Winter Haven, Florida 33880
David Holloman, Esquire
P. O. Box 407
Arcadia, Florida 33821
E. J. Fay, Jr., Esquire
P. O. Box 959
Bradenton, Florida 33505
Clyde Lee, Esquire
548 Frank Phillips Building Bartlesville, Oklahoma 74003
Larry Keesey, Esquire Division of State Planning 660 Apalachee Parkway
Tallahassee, Florida 32304
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA
LAND AND WATER ADJUDICATORY COMMISSION
APPLICATION OF PHILLIPS PETROLEUM COMPANY FOR DEVELOPMENT APPROVAL OF A
PHOSPHATE MINE DEVELOPMENT DOCKET NO. 76-5
OF REGIONAL IMPACT IN DESOTO (DOAH Case No. 76-1125DRI) COUNTY
/ APPLICATION OF PHILLIPS
COMPANY FOR DEVELOPMENT APPROVAL
OF A PHOSPHATE MINE DEVELOPMENT DOCKET NO. 76-6
OF REGIONAL IMPACT IN MANATEE (DOAH Case No. 76-1585DRI) COUNTY
/
FINAL ORDER
This Appeal, brought pursuant to Section 380.07, Florida Statutes was considered by the Florida Land and Water Adjudicatory Commission on final hearing after notice on December 19, 1978. Appearances were:
C. Laurence Keesey, Esquire Division of State Planning
530 Carlton Building Tallahassee, Florida 32304
Representing Division of State Planning, Department of Administration
Jacob D. Varn, Esquire
Carlton, Fields, Ward, Emmanuel, Smith & Cutler
P. O. Box 3239 Tampa, Florida 33601
Representing Phillips Petroleum Company and AMAX Chemical Corporation
On May 3, 1976, the Board of County Commissioners of DeSoto County, Florida issued a Development Order Approving, subject to certain conditions, an application for development approval for a development of regional impact which had been filed by Phillips Petroleum Company.
On July 7, 1976, a similar Development Order, also involving proposed phosphate mining by Phillips Petroleum Company was issued by the Board of County Commissioners of Manatee County, Florida.
The Division of State Planning of the Department of Administration filed a timely appeal of each of the aforesaid orders with this Commission.
The appeals were referred to the Division of Administrative Hearings and were consolidated by Order of the assigned Hearing Officer. Extensive settlement negotiations were entered into by and between the parties which resolved the issues in dispute, whereupon the parties filed a Joint Motion For a Recommended Order with the Hearing Officer.
The Hearing Officer, on December 6, 1978, entered his Recommended Order, finding that all issues raised by the parties have been resolved by and in accordance with the terms and conditions of the following resolutions:
"Resolution Clarifying the Development Order dated May 3, 1976" adopted by the Board of County Commissioners of DeSoto County on August 1, 1978; and
"Resolution Clarifying the Resolution ren- dering the Development Order dated July 7, 1976" adopted by the Board of County Com- missioners of Manatee County on September 14, 1978.
The Florida Division of State Planning and Phillips Petroleum Company filed their Joint Motion Stating Exceptions to Recommended Order which urged that the Recommended Order which urged that the Recommended Order by altered or amended so as 1) to protect the interest of the State of Florida in any lands or waters owned by the State located in the area to be mined and 2) to state the approval and adoption by Order of this Commission of the settlement terms and conditions agreed to by the parties.
At its regular meeting held on December 19, 1978 the Commission after due notice considered the joint exceptions, the arguments of counsel, and being fully advised in the premises enters the following Order:
ORDER
The Florida Land and Water Adjudicatory Commission adopts as the order of the Commission the Hearing Officer's Recommended Order dated December 6, 1978, and incorporates said order herein by reference and, in addition thereto, orders and directs the following:
To the extent that the total geographic area
described by the legal description within the application for the development approval contains any land or waters owned by the State of Florida, the development approvals granted herein shall not in any way waive or preclude the assertion of any rights or interests of the State of Florida; and further these approvals shall grant no authority to mine or otherwise use or exercise dominion
and control over such lands or waters unless specifically authorized by the appropriate agency of the State of Florida.
The Commission adopts and approves the terms and conditions placed upon the proposed phosphate mining development of Phillips Petroleum Company, and any of its successors in interest, as stated
and contained in the attached DeSoto County "Resolu- tion Clarifying the Development Order dated May 3, 1976," adopted by the Board of County Commissioners on August 1, 1978, and the Manatee County "Resolution Clarifying the Resolution Rendering a Development Order dated July 7, 1976," adopted
by the Board of County Commissioners on September 14, 1978. Phosphate mining within the geographic area described and defined by the applications for development approval shall be carried out in accordance with the terms, conditions and procedures specified in the aforesaid attached resolutions adopted by DeSoto and Manatee Counties, which are incorporated herein by reference.
Entered at Tallahassee, Leon County Florida by the Florida Land and Water Adjudicatory Commission through the undersigned this 19th day of December, 1978.
Wallace W. Henderson Secretary of Administration
COPIES FURNISHED:
Members of the Commission Counsel of Record
Hearing Officer
| Issue Date | Proceedings |
|---|---|
| Dec. 20, 1978 | Final Order filed. |
| Dec. 06, 1978 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Dec. 19, 1978 | Agency Final Order | |
| Dec. 06, 1978 | Recommended Order | Parties agreed to recommendation in the matter and all appeals should be denied. |
