STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF SARASOTA, )

)

Petitioner, )

)

and )

)

BRIDGE TOO HIGH COMMITTEE, )

)

Intervenor, )

)

vs. ) Case No. 98-2364

) DEPARTMENT OF TRANSPORTATION, )

)

Respondent, )

)

and )

) THE TOWN OF LONGBOAT KEY and GOOD ) BRIDGE 2000, )

)

Intervenors. )

)

REPORT OF ACTION ON REMAND

This matter came before the undersigned on Order of Remand from the Department of Transportation in which the undersigned was directed to consider the record of hearing and examine the representations therein regarding those exhibits which were admitted into evidence at the hearing and those which were not, and to advise the Department whether the omission of any reference in the Recommended Order to 37 specific exhibits was a scrivener's error, or whether the undersigned believed that the exhibits had not been admitted.

The hearing in this case took approximately nine days to complete. In addition to the testimony presented, the parties collectively referred to in excess of 1,200 exhibits, many of which were multi-paged, many of which were physical models, and many of which were large photographs and charts. Those exhibits that were too large or cumbersome were, with the concurrence of all parties, retained by the offering party and subsequently submitted in smaller form.

It is the practice of the undersigned to specifically recite in the preliminary matters portion of a Recommended Order those exhibits which were offered, those which are received into evidence, and those which are rejected or withdrawn. The Transcript of the hearing also reflects the ultimate disposition of each exhibit considered.

In his Order of Remand the Secretary of the Department of Transportation identified 37 exhibits which the Transcript reflects were admitted into evidence but which were not identified in the Recommended Order. An independent review of the exhibits in question and of those portions of the exhibits in question and of those portions of the Transcript clearly reflect their admission into evidence, and in the preparation of the Recommended Order the undersigned definitely considered each and every exhibit which was received into evidence. The failure to reflect their admission in that portion of the Recommended Order which deals with the treatment of exhibits was clearly and unequivocally a scrivener's error in the transcription of exhibit numbers from the list of exhibits admitted and considered into the format of the Recommended Order.

DONE AND ORDERED this 30th day of December, 1999, in Tallahassee, Leon County, Florida.

ARNOLD H. POLLOCK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.f1.us

Filed with the Clerk of the Division Qf Administrative Hearings This 30th day of December, 1999.

COPIES FURNISHED:

David M. Levin, Esquire Andrew Fritsch, Esquire Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. Postal Drawer 4195

Sarasota, Florida 34237

Theodore C. Taub, Esquire Katherine C. Castor, Esquire Jonathan Ellis, Esquire Broad & Cassel

100 North Tampa Street Suite 3500

Tampa, Florida 33602

Richard L. Smith, Esquire Nelson Hesse

2070 Ringling Boulevard

Sarasota, Florida 34237

Andrew H. Cohen, Esquire 2033 Main Street

Suite 400

Sarasota, Florida 34237

Henry P. Trawick, Esquire 2033 Wood Street

Suite 218

Sarasota, Florida 34237

Thomas F. Barry, Secretary Department of Transportation Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida 32399-450

Pamela Leslie, General Counsel Department of Transportation Haydon Burns Building

605 Suwannee Street, Mail Station 58

Tallahassee, Florida 32399-450

Docket for Case No: 98-002364

Orders for Case No: 98-002364