STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IRENE T. FRANK, )

)

Petitioner, )

)

vs. ) CASE NO. 76-258

) Application No. 76-130

SOUTHWEST FLORIDA WATER )

MANAGEMENT DISTRICT, )

)

Respondent. )

)

RECOMMENDED ORDER

A hearing was held pursuant to notice on February 10, 1976, at the District Headquarters of the Southwest Florida Water Management District in Brooksville, Florida, before Stephen F. Dean, assigned Hearing Officer of the Division of Administrative Hearings.

This cause arose upon the application after the fact for a permit to construct a bulkhead within the mean annual floodplain of Lake Eustis. A formal hearing was requested, and the Southwest Florida Water Management District requested the Division of Administrative Hearings to provide a Hearing Officer to hear the cause and present a Recommended Order to the Board.

APPEARANCES:

For Respondent: Jay T. Ahern, Esquire

Staff Attorney Southwest Florida Water

Management District Post Office Box 457

Brooksville, Florida 33512 For Petitioner: No Representation

FINDINGS OF FACT

1. Oliver DeWitt and Donald F. Richters, employees of the Southwest Florida Water Management District, were called, testified, and identified Composite Exhibit 1, the staff record of this application.

   
   

2. Frank applied for a permit after the fact to construct a bulkhead within the mean annual floodplain of Lake Eustis.

   
   

3. The investigation clearly revealed that fill had been placed behind a bulkhead built in Lake Eustis. Referring to the drawing marked "A" attached to the application found in Exhibit 1, the area marked in blue by the witnesses is the area filled and bulkheaded by the applicant.

4. The applicant did not appear or present evidence to support its application.

   
   

   CONCLUSIONS OF LAW

   
   

5. Because there was fill placed within the mean annual floodplain of the lake and a seawall also constructed thereon, the staff recommended denial pursuant to provisions of Rule 16J-1.06(4)(a), F.A.C.

6. The basic provision of Rule 16J-1.051 are as follows: "(1) Unless otherwise expressly exempted, a

   permit shall be required to connect to, withdraw

   from, discharge water into, place construction within or across, or otherwise make use of a work of the District. . ." (Emphasis supplied.)

7. Subsection (4) of Rule 16J-1.06, F.A.C., provides as follows in part: "(4) Issuance of a permit will be denied if

   the permitted activity:

   1. Will place fill material, or any non-water use related structure within the mean annual flood plain of a lake or other impoundment, or of a stream or water course. (Emphasis supplied.)

RECOMMENDATION

The Hearing Officer having considered the law and the facts would recommend denial of the application.

DONE and ORDERED this 23rd day of February, 1976.

STEPHEN F. DEAN, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Jay T. Ahern, Esquire Counsel for SWFMD

Irene T. Frank Route 2, Box 55

Tavares, Florida 32778

Docket for Case No: 76-000258

Orders for Case No: 76-000258