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  5. GERALD M. WARD vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, 93-006544RP (1993)

GERALD M. WARD vs BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, 93-006544RP (1993)

Court: Division of Administrative Hearings, Florida Number: 93-006544RP Visitors: 20
Petitioner: GERALD M. WARD
Respondent: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND
Judges: MICHAEL M. PARRISH
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Mar. 30, 1995
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 22, 1997.
Latest Update: Aug. 22, 1997
Summary: This is a rule challenge petition pursuant to Section 120.54, Florida Statutes, in which the Petitioner's standing has been placed at issue by motion to dismiss. The Hearing Officer assigned by the Division of Administrative Hearings is Michael M. Parrish. Appearances for the parties are as follows:Amended rule challenge petition failed to allege facts sufficient to show that the person challenging the proposed rule would be substantially affected by it.
Dismissal

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


GERALD M. WARD, )

)

Petitioner, )

)

vs. ) Case No. 93-6544RP

) BOARD OF TRUSTEES OF THE INTERNAL ) IMPROVEMENT TRUST FUND and )

DEPARTMENT OF ENVIRONMENTAL )

PROTECTION, )

)

Respondents. )

)


FINAL ORDER OF DISMISSAL


On August 15, 1997, the Petitioner filed a Notice of Dismissal Without Prejudice, the effect of which is to voluntarily dismiss this proceeding and another related rule challenge proceeding. Upon consideration, it is ORDERED:


That this case is hereby DISMISSED, and the file of the Division of Administrative Hearings in this matter is hereby CLOSED.


DONE AND ORDERED this 22nd day of August, 1997, in Tallahassee, Leon County, Florida.


MICHAEL M. PARRISH

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847


Filed with the Clerk of the Division of Administrative Hearings this 22nd day of August, 1997.



COPIES FURNISHED:


Mr. Gerald M. Ward Post Office Box 10441

Riviera Beach, Florida 33419


L. Kathryn Funchess, Esquire Department of Environmental Protection 3900 Commonwealth Boulevard

Mail Station 35

Tallahassee, Florida 32399-2400


Liz Cloud, Chief

Bureau of Administrative Code The Elliot Building

Tallahassee, Florida 32399-0250


Carroll Webb, Executive Director Administrative Procedures Committee Holland Building, Room 120 Tallahassee, Florida 32399-1300


Kathy Clark, Agency Clerk

Department of Environmental Protection 3900 Commonwealth Boulevard

Mail Station No. 35

Tallahassee, Florida 32399-3000


F. Perry Odom, General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000

NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is 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 a 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. Alternatively, a party adversely affected by this Final Order may bring a civil action filed in circuit court under Section 230.23(4)(m)5., Florida Statutes (Supp. 1990), or bring a civil action in Federal Court.


Docket for Case No: 93-006544RP
Issue Date Proceedings
Aug. 22, 1997 Final Order of Dismissal sent out. CASE CLOSED.
Aug. 15, 1997 (Petitioner) Notice of Dismissal Without Prejudice filed.
Feb. 03, 1997 (DEP) Notice of Serving Responses to Petitioner`s Request for Production filed.
Feb. 03, 1997 (DEP) Amended Motion for Pre-Hearing Conference filed.
Feb. 03, 1997 Petitioner`s Request for Continuance filed.
Jan. 28, 1997 (Respondent) Motion for Prehearing Conference filed.
Dec. 31, 1996 Petitioner`s Notice of Unavailability; Notice of First Request for Production of Documents filed.
Dec. 02, 1996 Petitioner`s Supplemental Status Report filed.
Nov. 27, 1996 Notice of Hearing sent out. (hearing set for Feb. 10-11, 1997; 9:00am; Tallahassee)
Nov. 27, 1996 Order sent out. (case restored to active status & set for hearing)
Nov. 15, 1996 Respondents' Status Report filed.
Aug. 15, 1996 Further Order of Abeyance sent out. (Status report due no later than 11/15/96)
Jul. 16, 1996 Respondent`s Response to Order Requiring Response filed.
Jun. 26, 1996 Order Requiring Response sent out. (Petitioner to file status by 7/15/96)
Jun. 19, 1996 Respondents' Motion to Relinquish Jurisdiction filed.
Apr. 30, 1996 Further Order of Abeyance sent out. (status report due by 6/15/96)
Apr. 05, 1996 (DEP) Status Report filed.
Dec. 14, 1995 Further Order of Abeyance sent out. (Parties to file status report by 3/1/96)
Dec. 11, 1995 Letter to Fourth District Court from Ann Cole sent out. (RE: Appellant's notice of voluntary dismissal)
Dec. 01, 1995 (Respondents) Status Report filed.
Nov. 09, 1995 (Petitioner) Second Motion for Extension of Time to Serve Appellant`s Initial Brief filed.
Oct. 05, 1995 Agreed Motion for Extension of time to serve Appellant's initial brief filed.
Aug. 14, 1995 Order of Abeyance sent out. (Parties to file status report by 11/30/95)
Aug. 11, 1995 (Respondents) Motion for Abeyance filed.
Jul. 21, 1995 Letter to DEP from Gerald M. Ward (Unsigned) (cc: Hearing Officer) Executive Order; Executive Order Number 95-256 filed.
May 17, 1995 Notice of Hearing sent out. (hearing set for August 21 and 22, 1995;9:00am; Tallahassee)
May 16, 1995 (DEP) Response to the Hearing Officer`s Order filed.
May 04, 1995 Record Returned from 4th DCA (EM) filed.
Apr. 26, 1995 Order sent out. (no later than 20 days from date of this order to file preferences as to hearing dates)
Apr. 25, 1995 Respondent`s Response to Order to Show Cause filed.
Apr. 25, 1995 (Petitioner) Memorandum Supporting Hearing Officer to Show Cause filed.
Apr. 05, 1995 Order to Show Cause sent out.
Mar. 30, 1995 File reopened per Opinion & Mandate.
Mar. 27, 1995 Opinion and Mandate from the Fourth DCA filed.
Mar. 10, 1995 Opinion filed.
Jun. 29, 1994 Reply brief filed on behalf of Petitioner/Appellant, Gerald M. Ward filed.
Jun. 27, 1994 Index, Record, Certificate of Record sent out.
Jun. 22, 1994 Reply Brief Filed On Behalf of Petitioner/Appellant, Gerald M. Ward filed.
Jun. 01, 1994 Answer Brief of Appellees Board of Trustees of the internal improvement trust fund and Department of Environmental Protection filed.
May 09, 1994 Initial Brief Filed on Behalf of Petitioner/Appellant, Gerald M. Wardwith Appendices A-E to the Initial Brief Filed on Behalf of Petitioner/Appellant, Gerald M. Ward filed.
Apr. 29, 1994 BY ORDER of THE COURT filed.
Apr. 27, 1994 Index & Statement of Service sent out.
Apr. 20, 1994 Notice of Unavailability filed.
Mar. 11, 1994 Letter to DOAH from DCA filed. DCA Case No. 94-621.
Mar. 07, 1994 Certificate of Notice of Appeal sent out.
Mar. 07, 1994 Notice of Appeal filed.
Feb. 22, 1994 CASE CLOSED. Final Order of Dismissal sent out. No Hearing held.
Feb. 17, 1994 Petitioner`s Memorandum in Opposition to Motion to Dismiss filed.
Feb. 16, 1994 (DEP) Notice of Taking Deposition Duces Tecum filed.
Feb. 07, 1994 Respondents` Motion to Dismiss Petitioner`s Amended Petition filed.
Feb. 02, 1994 Order on Procedure sent out.
Jan. 31, 1994 (Petitioner) Amended Petition for Formal Administrative Determination of Invalidity of Proposed Rules filed.
Jan. 25, 1994 Letter to DOAH from Gerald M. Ward (re: filing amended petition) filed.
Jan. 24, 1994 CC Letter to DOAH from Gerald M. Ward (re: filing amended petition) filed.
Jan. 18, 1994 Order Dismissing Petition with Leave to Amend sent out.
Jan. 11, 1994 Order Canceling Formal Hearing sent out. (hearing date to be rescheduled at a later date)
Jan. 11, 1994 (DEP) Amended Notice of Taking Deposition filed.
Jan. 10, 1994 (DEP) Notice of Taking Deposition filed.
Jan. 04, 1994 (Petitioner) Memorandum Supporting Petitioner`s Standing filed.
Jan. 03, 1994 Memorandum Supporting Petitioner`s Standing filed. (From Gerald M. Ward)
Jan. 03, 1994 (DEP) Memorandum of Law in Support of Respondents` Position That Petitioner Does Not Have Standing to Challenge Rules 18-20.003 and 18-20.004, Florida Administrative Code filed.
Dec. 30, 1993 CC Letter to MMP from Gerald M. Ward (no enclosures) filed.
Dec. 21, 1993 Order on Prehearing Procedure sent out.
Dec. 17, 1993 Letter to MMP from Gerald M. Ward (re: Letter of December 13, 1993) filed.
Dec. 16, 1993 CC Letter to DOAH from Gerald M. Ward (Order of December 13, 1993); (joint) Prehearing Stipulation filed.
Dec. 15, 1993 Notice of Filing Proposed Changes to Proposed Amendments to Chapter 18-20, FAC w/exhibits filed.
Dec. 13, 1993 Order Granting Continuance and Scheduling Prehearing Conference sent out. (hearing date to be rescheduled at a later date)
Dec. 13, 1993 Letter to Parties of Record from MMP sent out.
Dec. 07, 1993 (DEP) Notice of Taking Deposition filed.
Nov. 30, 1993 (Respondent) Notice of Appearance filed.
Nov. 23, 1993 Notice of Hearing sent out. (hearing set for 12/14/93; 9:00am; Tallahassee)
Nov. 23, 1993 (Respondent) Notice of Appearance filed.
Nov. 18, 1993 Order of Assignment sent out.
Nov. 17, 1993 Letter to Liz Cloud & Carroll Webb from Marguerite Lockard w/cc: Agency General Counsel sent out.
Nov. 12, 1993 Petition for Formal Administrative Determination of Invalidity of Proposed Rules filed.

Orders for Case No: 93-006544RP
Issue Date Document Summary
Aug. 22, 1997 DOAH Final Order
Mar. 24, 1995 Mandate
Mar. 08, 1995 Opinion
Feb. 22, 1994 DOAH Final Order Amended rule challenge petition failed to allege facts sufficient to show that the person challenging the proposed rule would be substantially affected by it.
Source:  Florida - Division of Administrative Hearings
Lawyers who claimed
Counsels
  • William M. Ward 31 west 20th street, suite 202 post office box 10441 riviera beach florida 33419
  • Barrie Sawyer Buenaventura department of environmental protection 2600 blair stone road, mail station 35 tallahassee, florida 32399-2400
Cites
Florida Laws (2)
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