BEFORE THE GOVERNING BOARD OF THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT .|-. ORDER NO. SWF 04- 040 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Complainant, LP Ss he Vv. DOAH Case Nos. 03-0787 03-0788 03-1128 AMANDA J. SUGGS, AMBER SUGGS and DEBORAH SUGGS, Respondents. / FINAL ORDER THIS CAUSE was heard by the Governing Board of the Southwest Florida Water Management District for the purpose of issuing a final order in the above-styled proceeding. 1. On May 20, 2004, Administrative Law Judge Lawrence P. Stevenson of the Division of Administrative Hearings entered an Order Closing Files for the subject cases. A copy of the order is attached hereto and incorporated herein by reference as Exhibit "A". The order acknowledged that counsel for Respondents had withdrawn their petitions contesting the Administrative Complaint and Order that initiated these cases. Based on this, the Administrative Law Judge relinquished jurisdiction to the District for such further action as may be appropriate and closed the files of the Division of Administrative Hearings. 2. Based on the withdrawal of the petitions by Respondents and the Administrative Law Judge's Order Closing Files, the District's Administrative Compiaint and Order constitutes a final order as to Respondents. The Administrative Complaint and Order, as amended, is attached hereto and incorporated herein by reference as composite Exhibit "B”. WHEREFORE, the District's Administrative Complaint and Order, as amended, is a final order as to Respondents, AMANDA J. SUGGS, AMBER SUGGS and DEBORAH SUGGS, and shall be complied therewith by Respondents. DONE and ORDERED by the Governing Board of the Southwest Florida Water Management District in Brooksville, Hernando County, Florida, thisASTHday of May 2004. Approved as }6 Legal Form and Content Filed thigaytttday of 2004. D ency Clerk Copies furnished to: Mark F. Lapp, Esq. Deputy General Counsel Margaret M. Lytle, Esq. Assistant General Counsel - Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 Attorneys for the District R. Colt Kirkland, Esq. Blanchard, Merriam, Adel & Kirkland, P.A. P.O. Box 1869 Ocala, Florida 34478 Attorney for Respondents Kenneth G. Oertel, Esq. Oertel, Fernandez, Cole & Bryant, P.A. P.O. Box 1110 Tallahassee, Florida 32302 Attorney for Deborah Suggs BEFORE THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT ORDER NO. SWF - - SOUTHWEST FLORIDA WATER _MANAGEMENT DISTRICT, Complainant, v. DANNY J. SUGGS, GARY D. SUGGS, AMBER SUGGS, THOMAS E. SUGGS, DEBORAH SUGGS, AMANDA J. SUGGS, JOANN SUGGS-KRUEGER, JOSEPH M. KRUEGER, HAROLD W. STEED, and LISA STEED, Respondents. ADMINISTRATIVE COMPLAINT AND ORDER The Southwest Florida Water Management District (the District) serves this Administrative Complaint and Order upon Danny J. Suggs, Gary D. Suggs, Amber Suggs, Thomas E. Suggs, Deborah Suggs, Amanda J..Suggs, Joann Suggs-Krueger, Joseph M. Krueger, Harold W. Steed, and Lisa Steed (Respondents), pursuant to Section 373.119, Florida Statutes (F.S.), and alleges as follows: FINDINGS OF FACT 1. The District is a public corporation created by Chapter 61-691, Laws of Florida, and exists and operates under Chapter 373, F.S. The District is the administrative agency charged with the responsibility to conserve, protect, manage and contro! the water resources within its geographic boundaries and to administer and enforce Chapter 373, F.S., and the rules promulgated thereunder as Chapter 40D, Florida Administrative Code (F.A.C.). 2. The District's regulatory authority germane to this case is to administer and enforce the permitting of surface water management systems pursuant to Sections 373.413 and 373.416, F.S. Pursuant to this statutory authority, the District adopted and implements Chapters 40D-4 and 40D-40, F.A.C. ‘ 3. Respondents' mailing addresses are as follows: Danny J. and Deborah Suggs 2362 Forest Drive Inverness, Florida 34453-3862 Gary D. and Amber Suggs 8712 Cresco Lane Inverness, Florida 34453 Thomas E. Suggs 2052 Forest Drive Invemess, Florida 34453 Amanda J. Suggs 8712 Cresco Lane Inverness, Florida 34453 Joseph M. Krueger and Joann Suggs-Krueger 318 North Pine Avenue Inverness, Florida 34450 Harold W. Steed and Lisa Steed 7671 N.W. 44th Boulevard Lake Panasoffkee, Florida 33538 4. Respondents own or owned an interest in approximately 236 acres of real property within Section 2, Township 19 South, Range 21 East, in Sumter County, Florida (hereinafter the Property). 5. The Property is located within the geographic boundaries of the District as established by Section 373.069(2)(d), F.S. 6. On or about May 10, 2001, District staff conducting an unrelated investigation discovered Respondents Danny J. Suggs, Gary D. Suggs, Amber Suggs, 2 Thomas E. Suggs, Deborah Suggs, Amanda J. Suggs, Joann Suggs-Krueger, and Joseph M. Krueger (hereinafter the Suggs Family Respondents) had engaged in construction activities on the Property. Specifically, the Suggs Family Respondents had placed fill in the 100-year flood plain, dredged and filled wetlands, and commenced construction of ponds or lakes, canals and impervious surfaces (buildings and driveways), without the necessary Environmental Resource Permit (ERP) from the District. 7. On or about May 30, 2001, District staff sent Respondents Danny J. Suggs and Amanda Suggs a Notice of Unauthorized Wetland Activity concerning the construction activity described in paragraph 6 herein. Respondents Danny J. Suggs and Amanda Suggs did not respond to this notice. 8. On or about February 26, 2002, District staff inspected the Property a second time, and determined that the Suggs Family Respondents had continued construction activities, including additional dredge and fill activity in wetlands. 9. On or about August 9, 2002, the District issued the Suggs Family Respondents a Notice of Violation concerning the violations described herein. 10. On or about October 17, 2002, Respondents Harold W. Steed and Lisa Steed acquired an ownership interest in a portion of the Property. Therefore, they are necessary parties to any corrective action required hereunder. 11. As of the date of preparation of this Administrative Complaint and Order, Respondents have not obtained an ERP for the activities described herein. CONCLUSIONS OF LAW 42. The District has jurisdiction over this matter pursuant to Sections 373.069(2)(d), 373.413 and 373.416, F.S., and Chapters 40D-4 and 40D-40, F.A.C. 3 13. The actions and omissions described in paragraphs 6 and 8 herein constitute construction or alteration of a surface water management system as defined in Rule 40D-4.021, F.A.C. 14. | The actions and omissions described herein constitute a violation of Sections 373.413 and 373.430(1)(b), F.S., and Rule 40D-4.041(1), F.A.C., in that construction or alteration of a surface water management system on the Property occurred without the required ERP. ORDER FOR CORRECTIVE ACTIONS 15. Respondents shall cease all construction activity on the Property until they obtain the required ERP from the District. : 16. Within fourteen (14) days of service of this Complaint and Order by the District, Respondents shall submit to the District a complete ERP application for all construction activities undertaken on the Property. Respondents shall comply with any District requests for additional information on the ERP application within the time specified in such requests, and shall obtain the permit as expeditiously as possible. 17. ‘Respondents shall complete all corrective work specified in the permit within thirty (30) days of issuance of the permit. Within thirty (30) days of completion of construction under the permit, Respondents shall submit fo the District a Statement of Completion and two sets of certified as-built drawings of the surface water management system. 18. Although not seeking assessment of civil penalties in this forum, the District intends to seek assessment of civil penalties in court against Respondents for Respondents’ violations as described herein regardless of whether Respondents comply with the corrective actions set forth in the preceding paragraphs. 4 NOTICE OF RIGHTS 19. In accordance with Section 373.119(1), F.S., this Order shall become automatically final unless a request for hearing as provided in Chapter 120, F.S., is filed with and received by the District no later than fourteen (14) days after the date this Order is served. No further notice of the Order becoming final will be given by the District. 20. Respondents are advised that the terms of this Administrative Complaint and Order, once this Order becomes final, shall be subject to judicial enforcement. The Respondents are advised further that the imposition of the District's costs of litigation, reasonable attorney's fees, expert witness fees, and additional civil penalties (beyond the penalties being sought for violations that have occurred to date) may be sought by the District for violation of this Order. 21. Nothing in this Administrative Complaint and Order shall preclude the District from administering or enforcing its rules and any permit issued hereunder as provided by law. 22. Any person whose substantial interests are affected by this Administrative Complaint and Order may request an administrative hearing in accordance with Sections 120.569 and 120.57, F.S., and Chapter 28-106, F.A.C., of the Uniform Rules of Procedure. A request for hearing must: (1) explain how the substantial interests of each person requesting the hearing will be affected by the District's action, (2) state-all material facts disputed by the person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply with Chapter 28-106, F.A.C. A request for hearing must be filed with and received by the Agency Clerk of the District at the District's Brooksville address no later than fourteen (14) days after the date this Order is 5 served. Failure to file a request for hearing within this time period shall constitute a waiver of any right such person may have to request a hearing under Sections 120.569 and 120.57, F.S. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the District's action in this matter is not available prior to the filing of a request for hearing. 23. If the Order becomes finai automatically by operation of Section 373.119(1), F.S., it constitutes final agency action and a party may be entitled to judicial review. 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 filirig a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, within thirty (30) days of the date this Order becomes final pursuant to Section 373.119(1), F.S. (see paragraph 18 above). No further notice of rights to judicial review of this Order will be given by the District. DATED this IS U ~ day of December 2002. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: E. D. Vergara Executive Director SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 Broad Street Brooksville, Florida 34604-6899 Filed this day of 200_. Deputy Agency Clerk A petition for hearing must be filed with: Deputy Agency Clerk Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604-6899 SAMyFiles\MargPid\SuggsACO\SuggsACO.doc STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, Complainant, v. Case Nos. 03-0787 03-0788 03-1128 AMANDA J. SUGGS, AMBER SUGGS and DEBORAH SUGGS, Respondents. COMPLAINANT'S MOTION TO AMEND ADMINISTRATIVE COMPLAINT AND ORDER Complainant, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (the District), by and through the undersigned counsel, pursuant to Rule 28-106.204, Florida Administrative Code (F.A.C.), moves for leave to amend the Administrative Complaint and Order (ACO), and in support thereof states as follows: 1. On December 18, 2002, the District issued the ACO in this matter. Subsequently, the three Respondents filed petitions for hearing in opposition to the ACO. As a result of discovery undertaken since the commencement of this case, the District has determined the need to amend the ACO. 2. The District wishes to amend paragraph 4 to change the approximate acreage figure from 236 acres to 200 acres. The paragraph, as amended, would read: 4. Respondents own or owned an interest in approximately 200 acres of real property within Section 2, Township 19 South, Range 21 East, in Sumter County, Florida (hereinafter the Property). 3. The District wishes to create a new paragraph 11.5 that would read as follows: 11.5 After service of the ACO on each Respondent, construction activities continued on the Property, including, but not limited to, the placement of fill and recontouring of the Property. Moreover, Respondents are operating the surface water management system on the Property without an ERP. 4, The District wishes to amend paragraph 13 to add a reference to new paragraph 11.5. The paragraph, as amended, would read: 13. The actions and omissions described in paragraphs 6, 8 and 11.5 herein constitute construction or alteration of a surface water management system as defined in Rule 40D-4.021, F.A.C. 5. The District wishes to create a new paragraph 14.5 that would read as follows: 14.5 The actions and omissions described in paragraph 11.5 herein constitute a violation of Sections 373.416 and 373.430(1)(b), F.S., and Rule 40D-4.041(1), F.A.C., in that a surface water management system is being operated on the Property without the required ERP. «6. The undersigned telephoned counsel for Respondents on November 26, 2003. He was not in the office, so the undersigned left a message. As of the finalization of this Motion on the afternoon of December 1, 2003, the undersigned has not heard back from counsel for Respondents. WHEREFORE, Complainant, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, respectfully requests that the Administrative Law Judge enter an order granting the District leave to amend the ACO, and that the ACO be deemed to be amended in accordance with this Motion. Respectfully submitted, Mark F. Lap Deputy General Counsel Florida Bar Number 855601 Margaret M. Lytle Assistant General Counsel Florida Bar Number 975702 SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT 2379 Broad Street Brooksville, Florida 34604-6899 (352) 796-7211 Attorneys for Complainant CERTIFICATE OF SERVICE | HEREBY CERTIFY that a copy of the foregoing has been served on R. Colt Kirkland, Esq., Blanchard, Merriam, Adel & Kirkland, P.A., P.O. Box 1869, Ocala, Floriga_34478, Attorney for Respondents, by facsimile transmission and U.S. Mail on this / St day of December 2003. Mark F. Lapp STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS sees ae DEC 18 2903 Se SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, OFFicg Petitioner, GENERAL Gouvem vs. Case Nos. 03-0787 03-0788 AMANDA J. SUGGS, AMBER SUGGS, 03-1128 and DEBORAH SUGGS, Respondents. eee ORDER This cause came before the undersigned Administrative Law Judge on Complainant's Motion to Amend Administrative Complaint and Order, filed December 1, 2003; and being fully advised in the premises, it is ORDERED that Complainant's Motion to Amend Administrative Complaint and Order is granted. DONE AND ORDERED this 17th day of December, 2003, in Tallahassee, Leon County, Florida. G. ALL RICHARD A. HIXSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Piling (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of December, 2003. COPIES FURNISHED: R. Colt Kirkland, Esquire Blanchard, Merriam, Adel & Kirkland, P.A. Post Office Box 1869 Ocala, Florida 34478 Margaret Lytle, Esquire ; Southwest Florida Water Management District 2379 Broad Street Brooksville, Florida 34604

Docket for Case No: 03-000788