STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA PETROLEUM MARKETERS AND ) CONVENIENCE STORE ASSOCIATION, )

)

Petitioner, )

)

vs. )

) DEPARTMENT OF ENVIRONMENTAL ) PROTECTION, )

)

Respondent. )

Case No. 05-0529RP

)

AMENDED SUMMARY FINAL ORDER

On June 16, 2005, a Summary Final Order was issued in this proceeding. On July 13, 2005, a status conference was held in Case No. 05-2343F. Counsel for Petitioner and Respondent participated. During the conference call, it was noted by counsel for Respondent that, consistent with the Findings of Fact and Conclusions of Law, the Conclusion portion of the Summary Final Order should be amended to reflect that proposed rule 62-770.220(3)(b) is an invalid exercise of delegated legislative authority, as subpart (b) was omitted. Accordingly, the Conclusion portion of the Summary Final Order is amended.

See Taylor v. Department of Professional Regulation, Board of Medical Examiners, 520 So. 2d 557 (Fla. 1988).

DONE AND ORDERED this 13th day of July, 2005, in Tallahassee, Leon County, Florida.

S

CHARLES A. STAMPELOS

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.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 13th day of July, 2005.

COPIES FURNISHED:

Robert D. Fingar, Esquire Frank & Gramling, P.A.

3323-C Thomasville Road Tallahassee, Florida 32308

W. Douglas Beason, Esquire

Department of Environmental Protection The Douglas Building, Mail Station 35 3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Scott Boyd, Executive Director and General Counsel

Administrative Procedures Committee Holland Building, Room 120 Tallahassee, Florida 32399-1300

Liz Cloud, Program Administrator Administrative Code

Department of State

R.A. Gray Building, Suite 101 Tallahassee, Florida 32399

Kathy C. Carter, Agency Clerk Department of Environmental Protection Office of General Counsel

Mail Station 35

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

Greg Munson, General Counsel Department of Environmental Protection Mail Station 35

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Summary 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 the original notice of appeal with the Clerk of the Division of Administrative Hearings and a 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.

Docket for Case No: 05-000529RP

Orders for Case No: 05-000529RP