Petitioner: WILLIAM B. SWAIM
Respondent: SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Judges: BRAM D. E. CANTER
Agency: Water Management Districts
Locations: West Palm Beach, Florida
Filed: Jan. 09, 2015
Status: Closed
DOAH Final Order on Monday, March 9, 2015.
Latest Update: Mar. 11, 2015
Summary: This cause came before the Administrative Law Judge on Respondent’s second motion to dismiss. A response in opposition to the motion was filed by Petitioner. Petitioner’s first petition was dismissed for failing to identify the agency statement that is being challenged. Petitioner filed an amended petition which is the subject of this second motion to dismiss. Petitioner was ordered to show cause why his amended petition should not be dismissed for lack of standing or for failure to identify the
Summary: This cause came before the Administrative Law Judge on Respondent’s second motion to dismiss. A response in opposition to the motion was filed by Petitioner. Petitioner’s first petition was dismissed for failing to identify the agency statement that is being challenged. Petitioner filed an amended petition which is the subject of this second motion to dismiss. Petitioner was ordered to show cause why his amended petition should not be dismissed for lack of standing or for failure to identify the agency statement Petitioner claims is an unpromulgated rule. Petitioner filed a response to the Order to Show Cause. Petitioner has failed to identify the statement he alleges is an unpromulgated rule. Furthermore, his arguments merely support a claim that Respondent misapplied existing statutes or rules. Accordingly, it is ORDERED that the motion is GRANTED and the petition is DISMISSED with prejudice. DONE AND ORDERED this 9th day of March, 2015, in Tallahassee, Leon County, Florida.The Amended Petition is dismissed for failing to identify the agency statement which Petitioner claims is an unpromulgated rule.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WILLIAM B. SWAIM,
vs.
Petitioner,
Case No. 15-0135RU
SOUTH FLORIDA WATER MANAGEMENT DISTRICT,
Respondent.
/
CORRECTED FINAL ORDER OF DISMISSAL
This cause came before the Administrative Law Judge on Petitioner’s response to an Order to Show Cause why his amended petition for hearing should not be canceled for failing to identify the agency statement that is being challenged as an unpromulgated rule. His first petition was dismissed for failing to identify the agency statement being challenged. Petitioner filed a response to the Order to Show Cause. Petitioner has failed to identify the statement he alleges as an unpromulgated rule. Furthermore, his arguments merely support a claim that Respondent misapplied existing statutes or rules. Accordingly, it is
DONE AND ORDERED this 11th day of March, 2015, in Tallahassee, Leon County, Florida.
S
BRAM D. E. CANTER
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 11th day of March, 2015.
COPIES FURNISHED:
William B. Swaim 5455 Via Delray
Delray Beach, Florida 33484 (eServed)
Jennifer D. Brown, Esquire
South Florida Water Management District Mail Stop Code 1410
3301 Gun Club Road
West Palm Beach, Florida 33406 (eServed)
Blake C. Guillory, Executive Director South Florida Water Management District 3301 Gun Club Road
West Palm Beach, Florida 33406 (eServed)
Ernest Reddick, Chief Alexandra Nam Department of State
R. A. Gray Building
500 South Bronough Street Tallahassee, Florida 32399-0250 (eServed)
Ken Plante, Coordinator
Joint Administrative Procedures Committee Room 680, Pepper Building
111 West Madison Street Tallahassee, Florida 32399-1400 (eServed)
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 the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.
Docket for Case No: 15-000135RU
| Issue Date |
Proceedings |
|
Mar. 11, 2015 |
Corrected Final Order of Dismissal. CASE CLOSED.
|
|
Mar. 09, 2015 |
Final Order of Dismissal. CASE CLOSED.
|
|
Mar. 02, 2015 |
Petitioner's Response to Show Cause filed.
|
|
Feb. 24, 2015 |
Corrected Order to Show Cause.
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Feb. 24, 2015 |
Order to Show Cause.
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Feb. 24, 2015 |
Amended Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
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Feb. 20, 2015 |
Order Granting Extension of Time.
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Feb. 20, 2015 |
Petitioner's Clarification to Respondent's Response in Opposition to Extension for Petitioner's Extension of Time to File Amended Petitions filed.
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Feb. 19, 2015 |
(Respondent's) Response in Opposition to Petitioner's Motion for Extension of Time to File Amended Petitions filed.
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Feb. 19, 2015 |
(Petitioner's) Motion for Extension to File Amended Petitions filed.
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Feb. 17, 2015 |
Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
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Feb. 17, 2015 |
Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
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Feb. 16, 2015 |
Order Canceling Hearing (parties to advise status by March 6, 2015).
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Feb. 13, 2015 |
Order of Dismissal.
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Feb. 02, 2015 |
South Florida Water Management District's Motion to Dismiss Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
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Jan. 26, 2015 |
South Florida Water Management District's Notice of Cancellation of Deposition (of Todd Flato) filed.
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Jan. 26, 2015 |
South Florida Water Management District's Notice of Cancellation of Telephonic Deposition (of Diana Fenimore) filed.
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Jan. 23, 2015 |
William Swaim's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Finemore filed.
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Jan. 22, 2015 |
Notice of Appearance (Jennifer Dawn Brown) filed.
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Jan. 20, 2015 |
Order (denying motion to strike).
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Jan. 16, 2015 |
South Florida Water Management District's Notice of Taking Telephonic Deposition for Diana Fenimore filed.
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Jan. 16, 2015 |
William Swaim's Opposition to Respondent's Motion to Strike Attorney's Fees filed.
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Jan. 15, 2015 |
South Florida Water Management District's Notice of Taking Deposition for Todd Flato filed.
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Jan. 15, 2015 |
South Florida Water Management District's Motion to Strike filed.
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Jan. 14, 2015 |
Order of Pre-hearing Instructions.
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Jan. 14, 2015 |
Notice of Hearing by Video Teleconference (hearing set for February 24, 2015; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
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Jan. 12, 2015 |
Order of Assignment.
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Jan. 12, 2015 |
Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
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Jan. 09, 2015 |
Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
|
Orders for Case No: 15-000135RU
| Issue Date |
Document |
Summary |
|
Mar. 11, 2015 |
Amended DOAH FO
|
The amended petition is dismissed for failing to identify the agency statement which Petitioner claims as an unpromulgated rule.
|
|
Mar. 09, 2015 |
DOAH Final Order
|
The Amended Petition is dismissed for failing to identify the agency statement which Petitioner claims is an unpromulgated rule.
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