welcome to elawyers.us
Elawyers Elawyers
Washington| Change
  1. Home
  2. Case Laws
  3. Division of Administrative Hearings, Florida
  4. 2001
  5. SAVE THE MANATEE CLUB, INC., vs SEA RAY BOATS, INC., AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 01-003992 (2001)

SAVE THE MANATEE CLUB, INC., vs SEA RAY BOATS, INC., AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, 01-003992 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-003992 Visitors: 30
Petitioner: SAVE THE MANATEE CLUB, INC.,
Respondent: SEA RAY BOATS, INC., AND FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
Judges: FRED L. BUCKINE
Agency: Fish and Wildlife Conservation Commission
Locations: Tallahassee, Florida
Filed: Oct. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 26, 2002.
Latest Update: Apr. 30, 2002
Summary: The issue is whether proposed regulations for Brevard County manatee protection areas by the Florida Fish and Wildlife Conservation Commission (FWCC), which are amendments to Rule 68C- 22.006, Florida Administrative Code, noticed in the April 20, 2001, Florida Administrative Weekly (F.A.W.)("Proposed Rule"), with a Notice of Change published in the F.A.W. on June 15, 2001, are an invalid exercise of legislative authority.Challenges to proposed rule are dismissed. Proposed rule not vague and doe
More

Docket for Case No: 01-003992
Issue Date Proceedings
Apr. 30, 2002 Joint Status Report (filed via facsimile).
Apr. 26, 2002 Order Closing File issued. CASE CLOSED.
Mar. 25, 2002 Fish and Wildlife Conservation Commission`s Motion to Strike Sea Ray`s Supplement to its Proposed Final Order (filed via facsimile).
Mar. 22, 2002 Order issued (Petitioner`s motion, only as to Respondents` refusal to order transcript, is granted; in all other respects and all other relief sought by Petitioner`s motion, is denied.
Mar. 19, 2002 Sea Ray`s Supplement to its Proposed Final Order (filed via facsimile).
Mar. 15, 2002 Sea Ray`s Notice of Filing Document in Support of Motion to Direct Respondent to Pay for Transcript (filed via facsimile).
Mar. 15, 2002 Sea Ray`s Notice of Filing Document in Support of Motion to Direct Respondent to Pay for Transcript filed.
Mar. 06, 2002 Notice of Telephonic Motion Hearing (filed by R. Burnaman via facsimile).
Feb. 18, 2002 Administrative Complaint filed.
Feb. 11, 2002 Intervenor, City of Cocoa Beach`s, Notice of Joiner in Standing Watch, Inc.`s Amended Motion to Direct Respondent to Pay for Transcript filed.
Feb. 08, 2002 Fish and Wildlife Conservation Commission`s Response to Standing Watch, Et Al`s Amended Motion to Direct Respondent to Pay for Transcript (filed via facsimile).
Feb. 04, 2002 City of Titusville`s Notice of Joinder in Standing Watch, Inc.`s and Sea Ray Boat`s Motion to Direct Respondent to Pay for Transcript filed.
Feb. 04, 2002 Petitioners`, Standing Watch, Inc., Jim Kalvin, Thomas Mason, Douglas P. Jaren and Stowell Robertson, Amended Motion to Direct Respondent to Pay for Transcript (filed via facsimile).
Jan. 31, 2002 Order Continuing Case in Abeyance (Case No. 01-3992 Only) issued.
Jan. 30, 2002 Petitioner`s Notice of Joinder in Standing Watch`s Motion to Direct Respondent to Pay for Transcript (filed via facsimile).
Jan. 30, 2002 Sea Ray`s Notice of Joinder and Supplemental Authority in Support of Petitioners`, Standing Watch, Inc., Jim Kalvin, Thomas Mason, Douglas P. Jaren, and Stowell Robertson, Motion to Direct Respondent to Pay for Transcript filed.
Jan. 28, 2002 Petitioners`, Standing Watch, Inc., Jim Kalvin, Thomas Mason, Douglas P. Jaren and Stowell Robertson, Motion to Direct Respondent to Pay for Transcript filed.
Jan. 25, 2002 Fish and Wildlife Conservation Commission`s Notice of Supplemental Authority (filed via facsimile).
Jan. 22, 2002 Memorandum of Law in Support of Petitioners` Standing to Pursue this Administrative Hearing filed.
Jan. 22, 2002 Memorandum of Law Regarding the Burden of Proof in a Rule Challenge Under Section 120.56, Florida Statutes filed by Petitioners.
Jan. 22, 2002 Petitioners Standing Watch, Inc., Jim Kalvin, Thomas Mason, Douglas P. Jaren and Stowell Robertson`s Proposed Final Order filed.
Jan. 22, 2002 Proposed Final Order filed by Cocoa Beach.
Jan. 22, 2002 Notice of Filing, Proposed Final Order filed by Cocoa Beach.
Jan. 22, 2002 Sea Ray`s Proposed Final Order filed.
Jan. 22, 2002 Respondent`s Proposed Final Order filed.
Jan. 22, 2002 Fish and Wildlife Conservation Commission`s Memorandum of Law in Support of Proposed Final Order filed.
Jan. 22, 2002 Intervenor Florida Power & Light Company`s Proposed Final Order filed.
Jan. 22, 2002 Notice of Filing Proposed Final Order filed by FPL.
Jan. 22, 2002 Conservation Intervenors` Memorandum of Law filed.
Jan. 22, 2002 Proposed Final Order filed by Conservation Intervenors.
Jan. 22, 2002 Proposed Final Order for Case No. 01-2114RP (filed by Petitioners via facsimile).
Jan. 22, 2002 Notice of Withdrawal of Challenge filed by Intervenor.
Jan. 22, 2002 Memorandum of Law of Intervenor City of Titusville filed.
Jan. 22, 2002 Proposed Final Order for Intervenor City of Titusville filed.
Jan. 17, 2002 Joint Status Report (filed via facsimile).
Jan. 15, 2002 Memo to all counsel and pro se parties from G. Hunter regarding proposed final order and status conference (filed via facsimile).
Jan. 03, 2002 Letter to A. Egbert from T. McGill referencing rule challenge (filed via facsimile).
Dec. 21, 2001 Notice of Withdrawal of Counsel (filed A. Samson via facsimile).
Dec. 20, 2001 Transcript Volumes I through X filed.
Dec. 18, 2001 Letter to Judge Buckine from G. Hunter confirming dates proposed final orders are due (filed via facsimile).
Dec. 05, 2001 Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by January 21, 2002).
Dec. 03, 2001 Letter to Judge Buckine from D. Arter responding to telephone conversation filed.
Nov. 30, 2001 (Proposed) Order Canceling Hearing and Placing Case in Abeyance (filed by Respondent via facsimile).
Nov. 30, 2001 Petitioner`s Response to Respondent, Sea Ray Boats, Inc.`s First Request for Document Production filed.
Nov. 30, 2001 Joint Motion for Continuance (filed via facsimile).
Nov. 26, 2001 (Joint) Prehearing Stipulation (filed via facsimile).
Nov. 21, 2001 Notice of Cancellation of Deposition Duces Tecum, Respresentative of Save the Manatee Club (filed via facsimile).
Nov. 15, 2001 Respondent, Sea Ray Boats, Inc.`s Responses to Petitioner Save the Manatee Club`s First Request for Production of Documents (filed via facsimile).
Nov. 15, 2001 Respondent, Sea Ray Boats, Inc.`s Notice of Filing Responses to Petitioner Save the Manatee Club`s First Set of Interrogatories (filed via facsimile).
Nov. 15, 2001 Notice Regarding Petitioner/Intervenor`s Exhibit filed by G. Sack
Nov. 14, 2001 Order of Pre-hearing Instructions issued.
Nov. 14, 2001 Notice of Hearing issued (hearing set for December 18 and 19, 2001; 9:00 a.m.; Tallahassee, FL).
Nov. 13, 2001 Joint Response to Initial Order (filed via facsimile).
Nov. 13, 2001 Transcript filed.
Nov. 08, 2001 Sea Ray Boat`s Notice of Taking Deposition Duces Tecum, a representative of Save the Manatee Club (filed via facsimile).
Nov. 08, 2001 Sea Ray`s Notice of Intent to Seek Attorney`s Fees Against Save the Manatee Club (filed via facsimile).
Nov. 08, 2001 Sea Ray`s Notice of Service of Its First Set of Interrogatories to Save the Manatee Cub (filed via facsimile).
Nov. 08, 2001 Sea Ray`s First Set of Interrogatories to Save the Manatee Club (filed via facsimile).
Nov. 08, 2001 Sea Ray`s First Request for Production of Documents to Save the Manatee Club (filed via facsimile).
Nov. 05, 2001 Order Denying Request of Petitioner Dvorak for Reconsideration and Granting Request of Florida power & Light Company to Set Aside Its Dismissal as Intervenor issued.
Nov. 05, 2001 Notice of Service of Petitioner, Save the Manatee Club, Inc.`s First Set of Interrogatories to Respondent, Sea Ray Boats filed.
Nov. 05, 2001 Notice of Service of Petitioner, Save the Manatee Club, Inc.`s First Set of Interrogatories to Respondent, Florida Fish and Wildlife Conservation Commission filed.
Nov. 05, 2001 Petitioner Save the Manatee Club`s First Request for Document Production to Respondent, Sea Ray Boats, Inc. filed.
Nov. 05, 2001 Petitioner Save the Manatee Club`s First Request for Document Production to Respondent, Florida Fish and Wildlife Conservation Commission filed.
Nov. 02, 2001 Respondent`s Notice of Filing Late-Filed Exhibit, Exhibits filed.
Nov. 02, 2001 Objection to Respondent`s Notice of Filing Late-Filed Exhibit (filed by Intervenor via facsimile).
Oct. 30, 2001 (Proposed) Order Denying Request of Petitioner Dvorak for Reconsideration and Granting Request of Florida Power & Light Company to Set Aside Its Dismissal As Intervenor filed.
Oct. 29, 2001 Subpoena ad Testificandum (S. Calleson) filed.
Oct. 26, 2001 Sea Ray`s Notice of Filing Documents in Opposition to Conservation Intervenors Motion in Limine filed.
Oct. 25, 2001 Notice of Telephonic Hearing (filed by G. Hunter via facsimile).
Oct. 24, 2001 Petitioner`s Motion in Limine to Prohibit the Testimony of Pete Benjamin (filed via facsimile).
Oct. 22, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Oct. 19, 2001 Order of Consolidation (Consolidated cases are: 01-2114RP, 01-2197RP, 01-2198RP, 01-3992)
Oct. 18, 2001 Initial Order issued.
Oct. 17, 2001 Notice of Intent to Reissue Permit (filed via facsimile).
Oct. 17, 2001 Petition for Formal Administrative Hearing filed.
Oct. 17, 2001 Agency referral filed.

Orders for Case No: 01-003992
Issue Date Document Summary
Apr. 17, 2002 DOAH Final Order Challenges to proposed rule are dismissed. Proposed rule not vague and does not exceed delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
Lawyers who claimed
Counsels
Cites
Florida Laws (8)
Authorities (16)
Cited By (16)
Similar Cases

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer