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SUMTER CITIZENS AGAINST IRRESPONSIBLE DEVELOPMENT, INC.; KENNETH ROOP; AUBREY VARNUM; AND T. DANIEL FARNSWORTH vs SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND VILLAGES OF LAKE-SUMTER, INC., 02-001123 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001123 Visitors: 32
Petitioner: SUMTER CITIZENS AGAINST IRRESPONSIBLE DEVELOPMENT, INC.; KENNETH ROOP; AUBREY VARNUM; AND T. DANIEL FARNSWORTH
Respondent: SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND VILLAGES OF LAKE-SUMTER, INC.
Judges: DON W. DAVIS
Agency: Water Management Districts
Locations: Bushnell, Florida
Filed: Mar. 20, 2002
Status: Closed
Recommended Order on Monday, June 24, 2002.

Latest Update: Aug. 12, 2002
Summary: Whether proposed Water Use Permits Nos. 20012236.000 (the Potable Water Permit) and 20012239.000 (the Irrigation Permit) and proposed Environmental Resource Permit No. 43020198.001 (the ERP) should be issued by the Respondent, Southwest Florida Water Management District (the District).Applicants have given reasonable assurances and complied with all applicable criteria with result that water use, irrigation, and environmental resource permits should be issued.
Ronnie E. Duncan Chair, Pinellas Thomas G. Dabney, iI Vice Chair, Sarasota Heidi B. McCree Secretary, Hillsborough Watson L. Haynes, Il Treasurer, Pinellas Edward W. Chance Manatee Monroe “Al” Coogier Citrus Maggie N. Dominguez Hillsborough Pamela L. Fentress Highlands Ronald C. Johnson Polk Janet D. Kovach Hillsborough John K. Renke, Ill Pasco E. D. “Sonny” Vergara Executive Director Gone A. Heath Assistant Executive Director William S. Bilenky General Counsel yr Protecting ‘our Water Resources eet ae Tampa Service Office 7601 Highway 304 North Tampa, Florida 33637-6759 (813) 985-7481 or 1-800-836-0797 (FL only) SUNCOM 578-2070 August 6, 2002 Ms. Ann Cole, Clerk (e- 2H Ce Southwest Florida Bartow Service Office 170 Century Boulevard Bartow, Florida 33830-7700 (863) 534-1448 or 1-800-492-7862 (FL only) SUNCOM 572-6200 Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Subject: 2379 Broad Street, Brooksvitle, Florida 34604-6899 (352) 796-7211 or 1-800-423-1476 (FL only) SUNCOM 628-4150 TDD only 1-800-231-6103 (FL only) On the Internet at: WaterMatters.org Sarasota Service Office 6750 Fruitville Road Sarasota, Florida 34240-9711 (941) 377-3722 or 1-800-320-3503 (FL only) SUNCOM 631-6900 Dd ClO 8? Lecanto Service Office 3600 West Sovereign Path Suite 226 Lecanto, Florida 34461-8070 (352) 527-8131 SUNCOM 667-3271 Sumter Citizens Against Irresponsible Development, Inc., et al. v. Southwest Florida Water Management District and The Villages of Lake Sumter, Inc. - DOAH Case Nos. 02-1122 and 02-1123 Dear Ms. Cole: | As required by Subsection 120.57(1)(k), Florida Statutes, enclosed for filing in the above-referenced cases is a copy of the Final Order approved by the District Governing Board on July 30, 2002. Please contact me at the District's Brooksville office, extension 4660, if you have any questions about this matter. Sincerely, plied Goinbeie Margaret M. Lytle Assistant General Counsel MML Enclosure ‘S:\MyFtles\MargLt\DOAHF OLkSumter. wed Oa, 3 # . Mien “ ~ BEFORE THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, ‘> ) hen 2. 9% ORDER NO. SWF 02-051 SUMTER CITIZENS AGAINST IRRESPONSIBLE a DEVELOPMENT, INC., KENNETH ROOP, AUBREY VARNUM, and T. DANIEL FARNSWORTH, Petitioners, vs. CASE NOS. 02-1122 02-1123 SOUTHWEST FLORIDA WATER MANAGEMENT 02-1124 DISTRICT and THE VILLAGES OF LAKE-SUMTER, INC., Respondents, and NORTH SUMTER UTILITY COMPANY, L.L.C., and THE VILLAGES WATER CONSERVATION AUTHORITY, L.L.C., Intervenors. NOTICE OF ENTRY OF FINAL ORDER Notice is hereby given that the attached Final Order (No. SWF-02-051) in the above-styled proceeding was entered by the Southwest Florida Water Management District (the District) on July 30, 2002 and was filed with the Agency Clerk and therefore rendered on July 30, 2002. This Notice is given and a copy of the attached Final Order mailed to the attorney or representative of record for each party in the proceeding as required by Section 120.569(1), Florida Statutes (F.S.). In accordance with Section 120.569(1), F.S., each party is hereby informed that the following judicial review may be available: A party who is adversely affected by final agency action may seek review of the action in the appropriate District Court of Appeal pursuant to Section 120.68, F.S., by filing a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, within thirty (30) days after the rendering of the final action by the District. PLEASE BE GOVERNED ACCORDINGLY. 4) <, l/r, oe a Villiam S: Bilenky General Counsel CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Entry of Final Order and attached Final Order have been sent by United States mail or hand- delivered to the following this 3/** day of July 2002. John R. Thomas, Esquire Thomas & Associates, P.A. 233 Third Street, Suite 101 St. Petersburg, Florida 33701 Michael A. Skelton, Esquire 11007 North 56" Street, Suite 204 Temple Terrace, Florida 33617 Margaret M. Lytle, Assistant General Counsel Steve Rushing, Senior Attorney Southwest Florida Water Management District 2379 Broad Street Brooksville, FL 34604-6899 Martha Harrell Chumbler, Esquire Nancy G. Linnan, Esquire Carlton Fields Law Firm Post Office Drawer 190 Tallahassee, Florida 32302 Vi s S. Bil nky / William BEFORE THE GOVERNING BOARD OF THE SOUTHWEST FLORIDA WATER MANAGEMENT, DISTRICT. <;aie troarnga FILED ORDER NO. SWF 02-051 SUMTER CITIZENS AGAINST IRRESPONSIBLE DEVELOPMENT, INC., KENNETH ROOP, AUBREY VARNUM, and T. DANIEL FARNSWORTH, Oste Petitioners, vs. , CASE NOS. 02-1122 02-1123 SOUTHWEST FLORIDA WATER MANAGEMENT 02-1124 DISTRICT and THE VILLAGES OF LAKE-SUMTER, INC., Respondents, and NORTH SUMTER UTILITY COMPANY, L.L.C., and THE VILLAGES WATER CONSERVATION AUTHORITY, L.L.C., Intervenors. FINAL ORDER THIS CAUSE was heard by the Governing Board of the Southwest Florida Water Management District pursuant to Sections 120.569 and 120.57(1), Florida Statutes (F.S.),.for the purpose of issuing a final order in the above-styled proceeding, including consideration of the Recommended Order of the Administrative Law Judge, Don W. Davis (the ALJ), the exceptions filed by Petitioners, SUMTER CITIZENS AGAINST IRRESPONSIBLE DAVELOPMENT, INC., KENNETH ROOP, AUBREY VARNUM, and T. DANIEL FARNSWORTH, and the response to exceptions filed by Respondent, THE VILLAGES OF LAKE-SUMTER, INC. and Intervenors NORTH TOUMTER UTILITY COMPANY, L.L.C. and THE VILLAGES WATER CONSERVATION AUTHORITY, L.L.C. (the Applicants). i 1. On June 24, 202, the ALJ issued his Recommended Order in this matter, Order. On July 15, 2002, the Applicants filed a timely response to Petitioners’ exceptions. 3. The Governing Board has reviewed the Recommended Order and it is hereby adopted and incorporated herein by reference in its entirety. 4, The Governing Board has also reviewed the exceptions filed by Petitioners and the response filed by the Applicants, and rejects all of the exceptions for the reasons expressed in the Rulings on Exceptions to Recommended Order, which are attached hereto and incorporated herein by reference as Exhibit “B.” WHEREFORE, the Governing Board hereby issues Water Use Permit Nos. 20012236.000 and 20012239.000 and Environmental Resource Permit No. 43020198.001, copies of which are attached hereto as Exhibits “C”, “D”, and “E”, respectively, . DONE AND ORDERED by the Governing Board of the Southwest Florida Water Management District this 3¢_ day of ae 2002 in Brooksville, Hernando County, Florida. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT Approved as to Legal Form and Content By: ie E. Duncan, Chair =F aed Attest, 1 MAL YA Heidi B. McCree, Secretary (Seal) Deputy/Agency Clerk COPIES FURNISHED: John R. Thomas, Esquire Thomas & Associates, P.A. 233 Third Street, Suite 101 St. Petersburg, Florida 33704 Michael A. Skelton, Esquire 41007 North 56" Street, Suite 204 Temple Terrace, Florida 33617 Margaret M. Lytle, Assistant General Counsel Steve Rushing, Senior Attorney Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 Martha Harrell Chumbler, Esquire Nancy G. Linnan, Esquire Carlton Fields Law Firm Post Office Drawer 190 Tallahassee, Florida 32302

Docket for Case No: 02-001123
Issue Date Proceedings
Aug. 12, 2002 Final Order filed.
Jun. 24, 2002 Recommended Order issued (hearing held May 20-22, 2002) CASE CLOSED.
Jun. 24, 2002 Recommended Order cover letter identifying hearing record referred to the Agency sent out.
Jun. 17, 2002 Attachment to Petitioner`s Second Notice of filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed.
Jun. 17, 2002 Petitioner`s Second Notice of Filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed. filed.
Jun. 14, 2002 Letter to Judge Davis from M. Lytle enclosing electronic version of the applicant`s models submitted during the hearing held May 20-22, 2002 filed.
Jun. 10, 2002 Petitioner`s Notice of Filing SJRWMD`S Fourth Amended Order Declaring a Severe Water Shortage as Petitioner`s EXH. No. P-10 filed.
Jun. 03, 2002 Notice of filing Joint Proposed Recommended Order of Respondent and Intervenors filed.
Jun. 03, 2002 Petitioners` Joint Proposed Recommended Order filed.
Jun. 03, 2002 Joint Proposed Recommended Order of the Respondents and Intervenors filed.
May 29, 2002 Letter to Judge Davis from M. Chumbler enclosing 4 exhibits filed.
May 24, 2002 Transcript of Proceedings (Volume1-6) filed.
May 24, 2002 Notice of Filing Transcript filed by Respondent/Intervenor.
May 20, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 15, 2002 Joint Prehearing Stipulation (filed via facsimile).
May 13, 2002 Amended Notice of Hearing issued. (hearing set for May 20 through 23, 2002; 10:30 a.m.; Bushnell, FL, amended as to location and additional date).
May 13, 2002 Letter to Judge Davis from M. Chumbler confirming conversation of the location change for hearing. (filed via facsimile).
May 13, 2002 Notice of Taking Deposition Duces Tecum, D. Seereeram (filed via facsimile).
May 08, 2002 Notice of Taking Deposition, K. Roop, T.D. Farnsworth, R. Weir, A. Varnum, W. Wing, Mr. Paxton (filed via facsimile).
May 06, 2002 Villages of Lake-Sumter, Inc.`s Notice of Filing Answers to Petitioners` First Set of Interrogatories (filed via facsimile).
May 06, 2002 Response of the Villages Water Conservation Authority to Petitioners` Request for Production of Documents (filed via facsimile).
May 06, 2002 Response of the Villages of Lake-Sumter, Inc., to Petitioners` Request for Production of Documents (filed via facsimile).
May 06, 2002 Intervenor`s Notice of Filing Answers to Petitionees` First Set of Interrogatories (filed via facsimile).
May 06, 2002 Notice of Appearence (filed by S. Rushing via facsimile).
May 02, 2002 Respondent Southwest Florida Water Management District`s Response to Petitioners` Request for Production (filed via facsimile).
May 02, 2002 Notice of Service of Respondent Southwest Florida Water Management District`s Answers to Petitioners` First Set of Interrogatories to the District (filed via facsimile).
May 02, 2002 Respondent Southwest Florida Water Management District`s Answers to Petitioner`s First Set of Interrogatories to the District (filed via facsimile).
Apr. 25, 2002 Order issued. (deadline for intervenors to deliver their responses to the April 17, 2002 discovery is shorten to 5/2/02)
Apr. 23, 2002 Intervenors` Amended Response to Motion to Shorten Discovery Response Time filed.
Apr. 23, 2002 Intervenors` Response to Motion to Shorten Discovery Response Time filed by Petitioner.
Apr. 22, 2002 Motion to Shorten Time for Response to Petitioners` Initial Written Discovery, or in the Alternative Motion for Continuance (filed by Petitioner via facsimile).
Apr. 18, 2002 Amended Notice of Serving Petitioners` First Set of Interrogatories to the Utility (filed via facsimile).
Apr. 18, 2002 Amended Notice of Serving Petitioners` First Set of Interrogatories to the Applicant (filed via facsimile).
Apr. 18, 2002 Amended Notice of Serving request for Production (filed by Petitioner via facsimile).
Apr. 18, 2002 Notice of Appearance (filed by Petitioner via facsimile).
Apr. 11, 2002 Amended Notice of Hearing issued. (hearing set for May 20 through 22, 2002; 10:30 a.m.; Bushnell, FL, amended as to issues).
Apr. 09, 2002 Amended Notice of Hearing issued. (hearing set for May 20 through 22, 2002; 10:30 a.m.; Bushnell, FL, amended as to time of hearing).
Mar. 29, 2002 Order of Pre-hearing Instructions issued.
Mar. 29, 2002 Notice of Hearing issued (hearing set for May 20 through 22, 2002; 9:00 a.m.; Bushnell, FL).
Mar. 28, 2002 Joint Response to Initial Order (filed via facsimile).
Mar. 27, 2002 Respondent/Intervenors First Request to Produce to petitioner T. Daniel Farnsworth (filed via facsimile).
Mar. 27, 2002 Respondent/Intervenors First Request to Produce to Petitioner Aubrey Varnum (filed via facsimile).
Mar. 27, 2002 Respondent/Intervenors First Request to Produce to Petitioner Kenneth Roop (filed via facsimile).
Mar. 27, 2002 Respondent/Intervenors First Request to Produce to Petitioner SCAID (filed via facsimile).
Mar. 26, 2002 First Interrogatories to Sumter Citizens Against Irresponsible Development, Inc. filed by M. Chumbler
Mar. 26, 2002 Notice of Serving First Interrogatories on Sumter Citizens Against Irresponsible Development, Inc. filed by M. Chumbler
Mar. 26, 2002 First Interrogatories to the Petitioner, Keeneth Roop filed by M. Chumbler
Mar. 26, 2002 Notice of Serving First Interrogatories on Petitioner, Kenneth Roop filed.
Mar. 26, 2002 First Interrogatories to Petitioner, T. Daniel Fransworth filed.
Mar. 26, 2002 Notice of Serving First Interrogatoires on Petitioner, T. Daniel Fransworth filed.
Mar. 26, 2002 First Interrogatories to Petitioner, Aubrey Varnum filed by M. Chumbler
Mar. 26, 2002 Notice of Serving First Interrogatories on Petitioner, Aubrey Varnum filed by M. Chumbler
Mar. 25, 2002 Order Granting Consolidation and Intervention issued. (consolidated cases are: 02-001122, 02-001123)
Mar. 25, 2002 Order Granting Consolidation and Intervention issued. (consolidated cases are: 02-001122, 02-001123)
Mar. 21, 2002 Initial Order issued.
Mar. 20, 2002 Petition for Formal Administrative Hearing filed.
Mar. 20, 2002 Notice of Proposed Agency Action filed.
Mar. 20, 2002 Agency referral filed.

Orders for Case No: 02-001123
Issue Date Document Summary
Jul. 30, 2002 Agency Final Order
Jun. 24, 2002 Recommended Order Applicants have given reasonable assurances and complied with all applicable criteria with result that water use, irrigation, and environmental resource permits should be issued.
Source:  Florida - Division of Administrative Hearings

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