Petitioner: LOST TREE VILLAGE CORPORATION
Respondent: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
Judges: DON W. DAVIS
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Aug. 29, 1990
Status: Closed
DOAH Final Order on Wednesday, May 15, 1991.
Latest Update: Aug. 28, 1992
Summary: At issue is whether a moratorium, adopted by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), constitutes an invalid rule. If the moratorium on authorizations for use of sovereignty, submerged land in connection with development of current unbridged, undeveloped coastal islands is determined to constitute a rule, the secondary issue to be resolved is whether the rule is an invalid exercise by the Board of Trustees of delegated legislative authority.A moratorium d
Summary: At issue is whether a moratorium, adopted by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), constitutes an invalid rule. If the moratorium on authorizations for use of sovereignty, submerged land in connection with development of current unbridged, undeveloped coastal islands is determined to constitute a rule, the secondary issue to be resolved is whether the rule is an invalid exercise by the Board of Trustees of delegated legislative authority.A moratorium denying consideration of applications for use of submerged land is an invalid rule (rev'd 1st DCA June 11, 1992).
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90-5337.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LOST TREE VILLAGE )
CORPORATION, et al., )
)
Petitioners, )
)
vs. ) CASE NO. 90-5337RU
) CASE NO. 90-5367RU STATE OF FLORIDA, BOARD OF ) CASE NO. 90-5368RU TRUSTEES OF THE INTERNAL ) CASE NO. 90-5471RU IMPROVEMENT TRUST FUND, )
)
Respondent, )
)
and )
)
FLORIDA AUDUBON SOCIETY, )
)
Intervenor. )
)
FINAL ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, Don W. Davis, held a formal hearing in the above- styled cause on February 11, 1991, in Tallahassee, Florida. The following appearances were entered:
APPEARANCES
For Petitioner Lost Tree:
Robert A. Routa, Esq. 3000 Independent Square
Jacksonville, FL 32202
For Petitioners Keewaydin Club and Idlewyld Corporation:
Steve Lewis, Esq.
Robert P. Diffenderfer, Esq. Suite 701
First Florida Bank Building Tallahassee, FL 32301
For Petitioners Theodore Watrous, Thomas Munz, Warren Noden, Mariner Properties, and Intervenor Broderick:
Thomas Tomasello, Esq.
P.O. Box 6507
Tallahassee, FL 32314-6507
For Respondent Board Of Trustees:
Kenneth J. Plante, Esq. Debra W. Schiro, Esq.
Department of Natural Resources Suite 1003, Douglas Building 3900 Commonwealth Boulevard
Tallahassee, FL 32399-3000 For Intervenor Florida Audubon Society:
Joseph Z. Fleming, Esq. 620 Ingraham Building
25 Southeast Second Avenue Miami, FL 33131
STATEMENT OF THE ISSUE
At issue is whether a moratorium, adopted by the Board of Trustees of the Internal Improvement Trust Fund (Board of Trustees), constitutes an invalid rule. If the moratorium on authorizations for use of sovereignty, submerged land in connection with development of current unbridged, undeveloped coastal islands is determined to constitute a rule, the secondary issue to be resolved is whether the rule is an invalid exercise by the Board of Trustees of delegated legislative authority.
PRELIMINARY STATEMENT
On August 22, 1989, the Board of Trustees established the moratorium on further authorizations for use of state-owned submerged lands to facilitate development of currently unbridged, undeveloped coastal islands.
In August of 1990, Petitioners filed their various petitions challenging the Board of Trustees' moratorium as an invalid rule. The Petitioners' challenges were also directed to the Board of Trustees' proposed rule changes to Rules 18-21.003 and 18-21.004, Florida Administrative Code. Those portions of the challenges were subsequently withdrawn when the proposed rule amendments were withdrawn from consideration.
On October 18, 1990, the Florida Audubon Society was granted Intervenor status on behalf of the Board of Trustees. Roger Broderick was subsequently granted Intervenor status on behalf of Petitioners.
This matter came on for final hearing on February 11, 1991. At hearing, the parties stipulated to admission of eight evidentiary exhibits; to not object to each party's standing; to certain facts; and to submission of this matter for consideration upon the parties' written submissions.
Counsel for the parties stipulated to waiver of the provisions of Section 120.56(3), Florida Statutes, requiring the issuance of a final order within 30 days of the final hearing. Subsequently, the parties' requested deadline of April 11, 1991, for submission of proposed findings of fact was granted.
The transcript of the final hearing was filed with the Division Of Administrative Hearings on February 27, 1990. Proposed findings of fact submitted by the parties are addressed in the appendix to this final order.
FINDINGS OF FACT
The parties stipulated at the final hearing to the facts set forth in paragraphs 1-10, below.
Stipulated Facts
The parties do not object to the standing of Petitioners and Intervenors for the limited purposes of this proceeding only and any subsequent appeal.
On August 22, 1989, the Board of Trustees accepted a staff report on policy and programs affecting Florida's coastal islands. The Board of Trustees also approved a temporary moratorium on authorizations for use of sovereignty, submerged land that would facilitate development of currently unbridged, undeveloped coastal islands until such time as the Division of State Lands of the Department of Natural Resources (Division) could adopt a policy for such requests.
On December 19, 1989, the Board of Trustees deferred consideration of an interim policy governing the use of sovereignty, submerged lands adjacent to unbridged coastal islands.
On February 6, 1990, the Board of Trustees voted to again defer consideration of an interim policy governing the use of sovereignty, submerged lands adjacent to unbridged coastal islands until after the issue was reviewed at a Cabinet workshop.
On May 8, 1990, the Board of Trustees extended the temporary moratorium announced on August 22, 1989, and directed staff to begin rule making on a rule to serve as interim policy until a comprehensive policy and rule governing coastal islands could be adopted.
On June 12, 1990, the Board of Trustees approved a draft of proposed rules relating to the leasing of state-owned lands adjacent to undeveloped coastal islands and directed staff to notice the rules for adoption, hold a series of public hearings and return to the Board of Trustees for final action by September. The proposed rules (Rules 18-21.003 and 18-21.004, Florida Administrative Code) were noticed in the Florida Administrative Weekly on August 10, 1990, and public hearings were held in Tallahassee on September 4, 1990, Ft. Pierce on September 5, 1990, and Naples on September 6, 1990.
In August, 1990, petitions were filed challenging the temporary moratorium as a nonrule rule, and the proposed rules, arguing that the Board of Trustees' actions constituted an invalid exercise of delegated legislative authority.
On October 9, 1990, the Board of Trustees accepted a status report on the proposed amendments to Rules 18-21.003 and 18-21.004, Florida Administrative Code, relating to the management of unbridged coastal islands.
On October 23, 1990, the Board of Trustees considered amendments to the proposed rule based on comments made at the public hearing and written comments submitted to the agency. However, prior to accepting the proposed changes the Board of Trustees approved a request by the Governor's Interagency Management Committee (IMC) for additional time to review the proposed rule amendments. The
IMC considered the proposed amended rule on November 29, 1990. Public comments were taken at that meeting which resulted in the IMC recommending that further changes be made to the proposed amended rule.
On December 18, 1990, the Board of Trustees approved the withdrawal of the original rule concerning development of coastal islands, authorized changes to the proposed rules and directed staff to notice for adoption the proposed rules as amended. In addition, the Board of Trustees voted to continue the temporary moratorium until the adoption of a coastal barrier island rule.
Other Facts
The initial moratorium applied to those coastal islands subject to direct or indirect wave, tidal and wind energies and which provide primary or secondary protection to the mainland. Further, islands were to be considered undeveloped if unbridged (not connected via bridge to another upland) and either had no docking facilities authorized by the Trustees, or overall development density consisted of less than one permanent structure per five acres of upland.
On May 8, 1990, the Trustees extended and modified the prior moratorium. The effective date of the moratorium remained August 22, 1989, and the following exceptions were created:
Notwithstanding the moratorium, the Board shall allow the repair or maintenance of existing utility lines that cross sovereignty submerged land, so long as such maintenance and repair do not provide for an upgrade in capacity to serve additional customers, except to maintain public safety or as ordered by the Public Service Commission. The moratorium shall not prohibit the construction of two- slip private residential docks meeting the requirements of Chapter 18-20.004(5)(b), F.A.C.
Notice of the moratorium was not provided and an economic impact statement was not prepared as required by Section 120.54, Florida Statutes. Affected persons were not given a point of entry to challenge the moratorium before it became effective.
The moratorium affects sovereignty submerged lands statewide and affects all applicants who seek use of such land to facilitate development of undeveloped, unbridged coastal islands.
The moratorium is an agency policy statement of general applicability, which is applied and is intended to be applied with the force and effect of a rule of law. The moratorium continues in effect at the present time with general applicability to a statewide class of persons seeking use of state-owned submerged lands adjacent to unbridged, undeveloped coastal islands as defined in paragraphs 11. and 12., above.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and the subject matter. Section 120.56, Florida Statutes.
It is well settled that the Board of Trustees is an agency as that term is defined in Section 120.52(1)(b), Florida Statutes. DeCarion v. Board of Trustees, 537 So.2d 1083 (Fla. 1st DCA 1989); Board of Trustees v. Barnett, 533 So.2d 1202 (Fla. 3rd DCA 1988); Department of Natural Resources v. Sailfish Club of Florida, Inc., 473 So. 2d 261 (Fla. 1st DCA), rehearing den. (1985); Continental Construction Company v. Board of Trustees, 464 So.2d 204 (Fla. 1st DCA 1985), pet. for rev. den. 472 So.2d 1180 (Fla. 1985); Brown v. Board of Trustees, 369 So.2d 640 (Fla. 3rd DCA 1979).
Authorized pursuant to Section 253.02(1), Florida Statutes, the Board of Trustees is not a constitutional body with any unique powers derived from the constitution. See, Grove Isle Ltd. v. Department of Environmental Regulation,
454 So.2d 571 (Fla. 1st DCA 1984). Further, the Board of Trustees is not exempt from the operation of Chapter 120, Florida Statutes.
The Board of Trustees is charged with administering all state-owned lands and promulgating rules in regard to that responsibility. Section 253.03(7), Florida Statutes, provides:
The Board of Trustees of the Internal Improvement Trust Fund is hereby authorized and directed to administer all state-owned lands and shall be responsible for the creation of an overall and comprehensive plan of development concerning the acquisition, management, and disposition of state-owned lands so as to insure maximum benefit and use. The Board of Trustees of the Internal Improvement Trust Fund shall adopt rules and regulations necessary to carry out the purposes of this act as herein set forth. (Emphasis added).
In furtherance of the statutory directive to promulgate rules, the Board of Trustees adopted Chapter 18-21, Florida Administrative Code, which provides that the "management policies, standards and criteria" contained in Rule 18-21.004 of that Chapter shall be used to ascertain whether to grant approval to requests for use of sovereignty submerged lands.
In pertinent part, Section 120.52(16), Florida Statutes, reads as follows:
"Rule" means each agency statement of general applicability that implements, interprets, or prescribes law or policy or describes the organization, procedure, or practice requirements of an agency and includes any form which imposes any requirement or solicits any information not specifically required by statute or by an existing rule. The term also includes the amendment or repeal of a rule.
The moratorium is a statement of general applicability. It has statewide applicability and governs all applications for the use of sovereignty submerged land around the defined class of islands. It implements, interprets or prescribes law or policy by precluding the use, or the consideration of any application for use, of sovereignty submerged lands around the described class of islands. Finally, the moratorium "purports in and of itself to create certain rights and adversely affect others". State Department of Administration
v. Harvey, 356 So.2d 323 at 325. The rights of all applicants for use of sovereignty submerged lands around these islands is clearly affected by the Board of Trustee's refusal to process and either grant or deny applications.
The adoption of the moratorium by the Board of Trustees constitutes a departure from or an amendment to Chapter 18-21, Florida Administrative Code, by effectively removing a class of state lands from the operation of that rule chapter for different treatment. Balsam v. Department of Health and Rehabilitative Services, 452 So.2d 976 (Fla. 1st DCA 1984). The "temporary" nature of the moratorium does not permit its imposition outside of rulemaking requirements. As noted in Balsam, supra at 978, the pervasive and consistent effect of the moratorium upon [applicants] is in no way lessened by the moratorium's finite duration."
The moratorium's adoption deprives Petitioners and others similarly situated of administrative due process. The action of the Board of Trustees in this case is not among that class of action deemed legally insignificant in McDonald v. Department of Banking and Finance, 346 So.2d 569, 581, N. 7 (Fla. 1st DCA 1977). The Board of Trustees has, by rule, explicated policy on this subject. McDonald recognizes any departure from the adopted rule policy as legally significant. 346 So.2d at 583, nil.
Through the imposition of the moratorium with its applicability to a class of cases, the Board of Trustees has suspended the operation of its rule and denied administrative due process to applicants by ignoring rulemaking as well as adjudication of individual cases.
In the absence of a duly adopted rule permitting peremptory or summary action such as the moratorium, the action of the Board of Trustees in adopting the moratorium is invalid.
Moreover, the Board of Trustees' imposition of this blanket, nonrule policy without advance notice, without the fact finding of the rulemaking process, and without considering the economic impact on affected persons is clearly arbitrary. Affected persons should not be denied the opportunity to meaningfully participate in formulating agency policy or to have access to a forum within which to challenge application of that policy on a case-by-case basis.
Based on the foregoing, it is hereby
ORDERED that the moratorium adopted on August 22, 1989, and subsequently modified and extended is a rule which is an invalid exercise of delegated legislative authority because of the failure of the Board of Trustees to materially follow applicable rule making procedures required by Section 120.54, Florida Statutes, and it is
FURTHER ORDERED that this invalid rule may not be relied upon as a basis to defer consideration of applications for use of state-owned submerged lands adjacent to unbridged, undeveloped coastal islands.
DONE AND ORDERED this 15th day of May, 1991, in Tallahassee, Leon County, Florida.
DON W. DAVIS
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 15th day of May, 1991.
APPENDIX
The following constitutes my specific rulings, in accordance with Section 120.59, Florida Statutes, on proposed findings of fact submitted by the parties.
Proposed Findings Of Petitioner Lost Tree. 1.-3. Adopted in substance.
Proposed Findings Of Petitioners Keewaydin Club and Idlewyld Corporation 1.-3. Adopted in substance.
Proposed Findings of Theodore Watrous, Thomas Munz, Warren Noden, Nariner Properties; and Intervenor Broderick.
1.-6. Rejected, no citation to record. 7.-14. Adopted in substance.
Respondent's Proposed Findings. 1.-8. Rejected, unnecessary.
9.-10. Rejected, recitation of statutes.
Rejected, legal conclusion.
Rejected, not supported by the evidence.
Adopted by reference.
14.-23. Adopted in substance, though not verbatim. Intervenor's Proposed Findings.
1.-2. Adopted in substance, though not verbatim. 3.-6. Rejected, unnecessary, cumulative.
Rejected in substance, argumentative.
Adopted by reference.
Rejected, recitation of record events.
Rejected, relevance.
Rejected, cumulative.
12.-13. Adopted by reference. 14.-15. Rejected, relevance.
16. Adopted by reference.
17.-24. Rejected, record recitation, argument.
Rejected, argumentative.
Adopted by reference.
27.-32. Rejected, legal argument and cumulative, unnecessary recitation of record.
COPIES FURNISHED:
Kenneth Plante, Esq. Debra W. Schiro, Esq.
Department of Natural Resources 3900 Commonwealth Boulevard, MS-5 Tallahassee, FL 32399-3000
Steve Lewis, Esq.
P.O. Box 1876
Tallahassee, FL 32302-1876
Robert A. Routa, Esq.
P.O. Box 6506
Tallahassee, FL 32314-6506
M. Christopher Bryant, Esq.
P.O. Box 6507
Tallahassee, FL 32314-6507
Joseph Z. Fleming, Esq. 620 Ingraham Building
25 Southeast Second Avenue Miami, FL 33131
Liz Cloud, Chief
Bureau of Administrative Code The Capitol, Room 1802 Tallahassee, Florida
Carroll Webb, Executive Director Administrative Procedures Committee Holland Building, Room 120 Tallahassee, FL 32399-0250
Tom Gardner, Executive Director Department of Natural Resources 3900 Commonwealth Boulevard, MS-5 Tallahassee, FL 32399-3000
A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER 15 ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68, FLORIDA STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY THE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COMMENCED BY FILING ONE COPY OF THE NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR
WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LOST TREE VILLAGE )
CORPORATION, et al., )
)
Petitioners, )
)
vs. ) CASE NO. 90-5337RU
) CASE NO. 90-5367RU STATE OF FLORIDA, BOARD OF ) CASE NO. 90-5368RU TRUSTEES OF THE INTERNAL ) CASE NO. 90-5471RU IMPROVEMENT TRUST FUND, )
)
Respondent, )
)
and )
)
FLORIDA AUDUBON SOCIETY, )
)
Intervenor. )
)
ORDER CORRECTING FINAL ORDER
Pursuant to Rule 22I-6.032, Florida Administrative Code, the first page of the final order issued in the above-styled cause on May 15, 1991, is amended and corrected with regard to the address of counsel for Petitioner Lost Tree displayed on that page. A replacement copy of the amended first page is attached to this order for the records of the parties which reflect the address of counsel as follows:
Robert A. Routa, Esq.
P.O. Box 6506
Tallahassee, FL 32314-6507
DONE AND ORDERED this 16th day of May, 1991, in Tallahassee, Leon County, Florida.
DON W. DAVIS
Hearing Officer
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 16th day of May, 1991.
COPIES FURNISHED:
Kenneth Plante, Esq. Debra W. Schiro, Esq.
Department of Natural Resources 3900 Commonwealth Boulevard, MS-5 Tallahassee, FL 32399-3000
Steve Lewis, Esq.
P.O. Box 1876
Tallahassee, FL 32302-1876
Robert A. Routa, Esq.
P.O. Box 6506
Tallahassee, FL 32314-6506
M. Christopher Bryant, Esq.
P.O. Box 6507
Tallahassee, FL 32314-6507
Joseph Z. Fleming, Esq. 620 Ingraham Building
25 Southeast Second Avenue Miami, FL 33131
Liz Cloud, Chief
Bureau of Administrative Code The Capitol, Room 1802 Tallahassee, Florida
Carroll Webb, Executive Director Administrative Procedures Committee Holland Building, Room 120 Tallahassee, FL 32399-0250
Tom Gardner, Executive Director Department of Natural Resources 3900 Commonwealth Boulevard, MS-5 Tallahassee, FL 32399-3000
Docket for Case No: 90-005337RU
| Issue Date |
Proceedings |
|
Aug. 28, 1992 |
(Respondent) Withdrawal of Motion to Tax Appellate Costs filed. |
|
Aug. 13, 1992 |
(Respondent) Motion to Tax Appellate Costs filed. |
|
Jul. 15, 1992 |
Opinion, Mandate filed. |
|
Jun. 12, 1992 |
First DCA Opinion filed. |
|
Sep. 26, 1991 |
Index, Record, Certificate of Record sent out. |
|
Sep. 25, 1991 |
ORDER(from First DCA-Appellee's motion for extension of time to answer brief is Granted) filed. |
|
Sep. 10, 1991 |
ORDER(Appellant's motion for extension of time to serve Fl. Audubon Society's brief is Granted) filed. |
|
Aug. 13, 1991 |
ORDER(Motion for extension of time to file initial brief is GRANTED) filed. |
|
Aug. 12, 1991 |
Index & Statement of Service sent out. |
|
Aug. 12, 1991 |
Appeal Preparation Fee of $138.00, check no. 184 issued by DNR filed. |
|
Aug. 08, 1991 |
Order Denying Repondent's Motion for Reconsideration sent out. |
|
Aug. 05, 1991 |
ORDER(Appellant's motion for extension of time is extended to 09/03/91) filed. |
|
Aug. 02, 1991 |
(Petitioners) Response to Motion For Reconsideration filed. (From M. Christopher Bryant) |
|
Jul. 31, 1991 |
(Petitioners) Response of Idlewyld Corporation, Inc. and Keewaydin Club Colony Joint Venture to Trustees Motion For Reconsideration filed. (From Anne Longman) |
|
Jul. 31, 1991 |
Statement of Service sent out. |
|
Jul. 30, 1991 |
Petitioner Lost Tree Village Corporation's Response to Motion For Reconsideration filed. (From Robert A. Routa) |
|
Jul. 22, 1991 |
(Respondent) Motion For Reconsideration filed. (From Kennth J. Plante) |
|
Jul. 19, 1991 |
Order Granting Motion to Vacate Automatic Stay sent out. |
|
Jul. 15, 1991 |
ORDER(First DCA order ruling on motion to consolidate is Granted) filed. |
|
Jul. 11, 1991 |
(Petitioner) Response of Lost Tree Village Corporation to Motion to Vacate Automatice Stay filed. (From Robert A. Routa) |
|
Jul. 09, 1991 |
(Petitioners) Response to Idlewyld Corporation, Inc. and Keewaydin Club Colony JOint Venture to Watrous, Et Al Motion to Vacate Automatic Stay filed. (From Anne Longman) |
|
Jul. 03, 1991 |
Petitioners Motion to Vacate Automativ Stay filed. |
|
Jun. 21, 1991 |
(Letter to DOAH from DCA filed. DCA Case No. 1-91-1865 assgned to DOAH Case No. 90-5367R) |
|
Jun. 14, 1991 |
Certificate of Notice of Administrative Appeal sent out. |
|
Jun. 14, 1991 |
Notice of Appeal filed. |
|
Jun. 14, 1991 |
Letter to DOAH from DCA filed. DCA Case No. 1-91-1813. |
|
Jun. 10, 1991 |
Notice of Appeal filed. |
|
May 16, 1991 |
Order Correcting Final Order sent out. |
|
May 16, 1991 |
CASE CLOSED. Final Order sent out. Hearing held 2/11/91.
|
|
Apr. 12, 1991 |
Petitioners' Reply to Memoranda of Florida Audubon Society and Board of Trustees filed. (from M. Christopher Bryant) |
|
Apr. 11, 1991 |
(Petitioner) Proposed Final Order filed. (From M. Christopher Bryant) |
|
Apr. 11, 1991 |
Proposed Final Order; Rebuttal Response of the Board of Trustees of the Internal Improvement Trust Fund; Board of Trustees of the internal Improvement Trust Fund's Response in Opposition to Lost Tree's Memorandum of Law in Support of Motion For Summary |
|
Apr. 11, 1991 |
Recommended Order of Petitioners, Idlewyld Corporation and Keewaydin Club Colony Joint Venture, John D. Remington and Bolton S. Drackett, Co-Trustees filed. (from Steve Lewis) |
|
Apr. 11, 1991 |
Response Memorandum of Petitioners, Idlewyld Corporation and Keewaydin Club Colony Joint Venture, John D. Remington and Bolton S. Drackett,Co-Trustees filed. (from Steve Lewis) |
|
Apr. 11, 1991 |
Proposed Final Order of Intervenor Florida Audubon Society filed. (From Joseph Z. Fleming) |
|
Apr. 05, 1991 |
Summary Final Order filed. (From Robert A. Routa) |
|
Apr. 03, 1991 |
Order Granting Continuance sent out. |
|
Apr. 02, 1991 |
(Intervenor-Respondent) Motion of Florida Audubon Society for Clarification and, in The Alternative, Coordination of Filing; Order GrantingContinuance (for HO to sign) filed. |
|
Mar. 21, 1991 |
(Petitioners) Memorandum of Law in Opposition to Moratorium filed. |
|
Mar. 21, 1991 |
(Respondent) Motion for Enlargement of Time Within Which to File Rebuttal Responses; Order Granting Continuance (for HO to sign); Memorandum of Law in Support of The Moratorium Imposed by The Board of Trusteeson The Use of Certain Sovereign Submerged L |
|
Mar. 21, 1991 |
Petitioners, Idlewyld Corporation and Keewaydin Club Colony Joint Venture, John D. Remington and Bolten S. Drackett, Co-Trustees, Memorandum of Law filed. |
|
Mar. 21, 1991 |
(Intervenor) Memorandum of Florida Audubon Society filed. |
|
Mar. 20, 1991 |
(Petitioner) Memorandum of Law in Support of Motion for Summary FinalOrder filed. |
|
Mar. 12, 1991 |
Motion of Florida Audubon Society for an Extension of The Time WithinWhich to File The Legal Memorandum of Law; Order Granting Continuance(for HO to sign) filed. |
|
Feb. 27, 1991 |
Transcript of Final Order filed. |
|
Feb. 14, 1991 |
Board of Trustees of the Internal Improvement Trust Fund's Notice of Filing Exhibits; DNR's Exhibits 1-8 TAGGED; & cover letter to DWD fromD. Schiro filed. |
|
Feb. 11, 1991 |
Board of Trustees of the Internal Improvement Trust Fund's Motion to Dismiss filed. |
|
Feb. 11, 1991 |
Board of Trustees of the Internal Improvement Trust Fund's Motion forContinuance filed. |
|
Feb. 11, 1991 |
CASE STATUS: Hearing Held. |
|
Feb. 08, 1991 |
Petitioners Idlewyld Corporation and Kee waydin Club Colony Joint Venture, John D. Remington and Bolton S. Drackett, Co-Trustees PrehearingStatement filed. (From Steve Lewis) |
|
Feb. 08, 1991 |
(Respondent) Board of Trustees of the Internal Improvement Trust Fund's Prehearing Statement filed. (From Kenneth J. Plante) |
|
Feb. 08, 1991 |
Subpoena Duces Tecum filed. (From M. Christopher Bryant) |
|
Feb. 07, 1991 |
Subpoena Duces Tecum filed. (From M. Christopher Bryant) |
|
Feb. 07, 1991 |
Prehearing Statement filed. (From M. Christopher Bryant) |
|
Feb. 07, 1991 |
(Petitioner) Prehearing Statement filed. (From Roberta Routa) |
|
Feb. 07, 1991 |
(Intervenor) Unilateral Prehearing Statement of Intervenor Florida Audubon Society filed. (From Joseph Z. Fleming) |
|
Feb. 04, 1991 |
Petition For Leave to Intervene w/Exhibits A-C filed. (From M. Christopher Bryant) |
|
Jan. 28, 1991 |
(Petitioner) Notice of Voluntary Dismissal Without Prejudice filed. (From Pamela Presenell Garvin) |
|
Jan. 07, 1991 |
Order (Respondents Motion to Dismiss Challenges to Proposed Rules GRANTED) sent out. |
|
Jan. 07, 1991 |
Order Resetting Hearing sent out. (Hearing rescheduled for Frb. 11, 1991; 1:00pm; Talla). |
|
Dec. 31, 1990 |
Respondent, Board of Trustees of the Internal Improvement Trust Fund's Response to Petitioner, Lost Tree Village Corporation's Motion For Procedural Order; Respondent, Board of Trustees of the Internal Improvement Trust Fund's Motion to Dismiss & attac |
|
Dec. 21, 1990 |
(petitioner) Motion for Procedural Order filed. |
|
Dec. 07, 1990 |
(Respondent) Response to Motion For Summary Final Order filed. (From K. J. Plante) |
|
Dec. 05, 1990 |
Response to Intervenor Florida Audubon Society in Opposition to Motion of Petitioner Lost Tree Village Corporation For Summary Final Order filed. (From J. Z. Fleming) |
|
Nov. 28, 1990 |
(Petitioner) Motion For Summary Final Order w/exhibits A&B filed. (From R. A. Routa) |
|
Nov. 26, 1990 |
Order Granting Motion for Continuance sent out. (hearing rescheduledfor Jan. 8, 1991: 9:30 am: Tallahassee) |
|
Nov. 02, 1990 |
Motion for Continuance filed. |
|
Oct. 18, 1990 |
Order (Audubon's request to Intervene GRANTED) sent out. |
|
Oct. 15, 1990 |
Petitioner Lost Tree Village Corporation's First Request For Admissions to Respondent filed. (From Robert A. Routa) |
|
Oct. 12, 1990 |
(Movant-Intervenor) Notice of Filing by Florida Audubon Society in Support of Its Motion to Intervene & attachment filed. (From Joseph Z. Fleming) |
|
Oct. 11, 1990 |
(Petitioner) Response to Second Motion of Florida Audubon Society Seeking Leave to Intervene filed. (from Robert A. Routa) |
|
Oct. 10, 1990 |
Third Notice of Hearing sent out. (hearing set for Dec. 5, 1990: 9:30 am: Tallahassee) |
|
Oct. 05, 1990 |
(Respondent) Response to Order of Continuance filed. (From Kenneth J.Plante) |
|
Oct. 05, 1990 |
Motion for FL Audubon Society for Leave to Intervene filed. |
|
Oct. 05, 1990 |
Status Report Of Petitioners Watrous Munz, Noden and Mariner Properties filed. (from M. Christopher Bryant) |
|
Oct. 04, 1990 |
Response of Lost Tree Village Corp to Order of Continuance filed. |
|
Sep. 28, 1990 |
(respondent) Response to Motion of Florida Audubon Society to Intervene filed. |
|
Sep. 28, 1990 |
Reply of Florida Audubon Society to the Response of Petitioner Lost Tree Village Corporation (Lost Tree) filed. (From Joseph Z. Fleming) |
|
Sep. 26, 1990 |
Supplementary Request and Response of FL Audubon Society in Support of its Motion Seeking Leave to Intervene to the Motions to Dismiss filed by Pegtitioners in Csae Nos. 90-5472R & 90-5471R filed. |
|
Sep. 25, 1990 |
Order Denying Motion to Intervene (Petition to Intervene for Florida Audubon Society has been DENIED) sent out. |
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Sep. 24, 1990 |
(Petitioner) Response in Opposition to Motion of Florida Audubon Society Seeking Leave to Intervene & Response in Opposition to Motion of Florida Audubon Society Seeking Leave to Intervene filed. (From Steven Lewis) |
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Sep. 21, 1990 |
Petitioners' Motion to Dismiss the Motion of Fl9orida Audubon SocietySeeking Leave to Intervene in Support of Respondent filed. (From Pamela Presnell Garvin) |
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Sep. 21, 1990 |
Response in Opposition to Motion of Florida Sudubon Society Seeking Leave to Intervene filed. (From M Christopher Bryant) |
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Sep. 21, 1990 |
Response to Motion of Florida Audubon Society Seeking Leave to Intervene filed. (from Robert A. Routa) |
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Sep. 19, 1990 |
Motion of FL Audubon Society Seeking Leave to Intervene in Support ofRespondent and Requesting Other Relief filed. |
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Sep. 17, 1990 |
Order of Continuance sent out. (hearing cancelled; status due 10/5/90) |
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Sep. 17, 1990 |
(Petitioners) Respones to Motion For Abeyance filed. (From M. Christopher Bryant) |
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Sep. 13, 1990 |
(Respondent) Motion For Abeyance filed. (From Debra W. Schiro) |
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Sep. 07, 1990 |
Second Notice of Hearing sent out. (hearing set for Sept. 25, 1990: 9:00 am: Tallahassee) |
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Sep. 07, 1990 |
Second Order of Prehearing Instructions sent out. |
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Sep. 07, 1990 |
Second Order of Consolidation sent out. Consolidated case are: 90-5337R, 90-5367R, 90-5368R, 90-5471R, 90-5472R, and 90-5473R |
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Sep. 04, 1990 |
Order of Consolidation sent out. (Cases Consolidated are: 90-5337R, 90-5367R & 90-5368R) |
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Sep. 04, 1990 |
Order of Prehearing Instructions sent out. |
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Sep. 04, 1990 |
Notice of Hearing sent out. (hearing set for Sept. 25, 1990: 9:00 am: Tallahassee) |
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Aug. 30, 1990 |
Order of Assignment sent out. |
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Aug. 29, 1990 |
Petition to Determine the Invalidity of Proposed Rules and Existing Rules (+ exh A) filed. |
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Aug. 29, 1990 |
Letter to Liz Cloud & Carroll Webb from Marguerite Lockard |
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Jan. 07, 1990 |
Motion of Florida Audubon Society For Entry of an Order Which Postpones The Hearing Scheduled For Tuesday, January 8, 1991 or, In The Alternative, Allows Undersigned Counsel For Audubon to Participate by Telephone Conference Call filed. (from Joseph Z. Fl |
Orders for Case No: 90-005337RU
| Issue Date |
Document |
Summary |
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May 16, 1991 |
DOAH Final Order
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A moratorium denying consideration of applications for use of submerged land is an invalid rule (rev'd 1st DCA June 11, 1992).
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