STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FLORIDA KEYS CITIZENS )

COALITION INC., )

)

Petitioner, )

vs. ) CASE NO. 84-4232

) CLARENCE and JACQUELINE KEEVAN ) and DEPARTMENT OF ) ENVIRONMENTAL REGULATION, )

)

Respondents. )

)

RECOMMENDED ORDER

Pursuant to Notice, this cause came on for final hearing before Linda M. Rigot the assigned Hearing Officer of the Division of Administrative Hearings, on April 18, 1985 in Key West, Florida. Michael Egan, Esquire, Tallahassee, Florida, appeared on behalf of Respondents Clarence and Jacqueline Keevan.

Douglas MacLaughlin, Esquire, Tallahassee, Florida, appeared on behalf of Respondent Department of Environmental Regulation.

Capt. Ed Davidson filed a Petition for Administrative bearing on behalf of petitioner, objecting to Respondent Department of Environmental Regulation's Intent to Issue a permit to Respondents Clarence and Jacqueline Keevan for the construction of a private pier in Monroe County, Florida. After having failed to comply with every Order entered in this cause, including the Order instructing the Petitioner on the procedure to be followed in order that it could be represented by a non- attorney in this proceeding petitioner failed to appear at the final hearing in this cause through any alleged representative mentioned in this record including Capt. Ed Davidson, Robert C. Ernst, or Comdr. William H. Westray.

RECOMMENDATION

Based upon Petitioner's failure to appear, it is,

RECOMMENDED that a Final Order be entered dismissing with prejudice the Petition for Administrative Hearing filed herein and issuing to Respondents Clarence and Jacqueline Keevan the permit sought by them in accordance with the conditions set forth in the Intent to Issue of October 18, 1984.

DONE and ORDERED this 25th day of April, 1985 at Tallahassee, Florida.

LINDA M. RIGOT, Hearing Officer The Oakland Building

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32301

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 25th day of April, 1985.

COPIES FURNISHED:

Douglas MacLaughlin, Esquire Department of Environmental

Regulation

2600 Blair Stone Road Tallahassee, Florida 32301

Captain Ed Davidson and Commander William H. Westray 1401 Sunset Drive

Key West, Florida 33040

Michael Egan, Esquire Post Office Box 1386

Tallahassee Florida 32302

Victoria Tschinkel, Secretary Department of Environmental

Regulation

Twin Towers Office Building 2600 Blair Stone Road Tallahassee, Florida 32301

Docket for Case No: 84-004232

Orders for Case No: 84-004232