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  5. FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, 12-000157RP (2012)

FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC. vs DEPARTMENT OF ENVIRONMENTAL PROTECTION, 12-000157RP (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000157RP Visitors: 13
Petitioner: FLORIDA WILDLIFE FEDERATION, INC.; SIERRA CLUB, INC.; CONSERVANCY OF SOUTHWEST FLORIDA, INC.; ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, INC.; AND ST. JOHNS RIVERKEEPER, INC.
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: BRAM D. E. CANTER
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Jan. 12, 2012
Status: Closed
DOAH Final Order on Thursday, June 7, 2012.
Latest Update: Jun. 12, 2013
Summary: Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
11006137Mandate

DISTRICT COURT OF APPEAL FIRST DISTRICT

STATE OF FLORIDA TALLAHASSEE, FLORIDA 32399-0950

(850) 488-6151


JON S. WHEELER CLERK OF THE COURT

(850) 488-6151


March 13, 2013


Claudia Llado, Clerk DOAH

1230 Aplachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: Florida Wildlife Federation, Inc. et al.

v. Department of Environmental Protection


Docket No.: 1D12-3320

Lower Tribunal Case No: 11-6137RP 12-157


Dear Ms. Llado:


I have been directed by the court to issue the attached mandate in the above-styled cause. It is enclosed with a certified copy of this Court’s opinion.


Yours truly,

Jon S. Wheeler Clerk of the Court


JSW/th Enclosures

c: (letter and mandate only)


Diane D.Tremor David G.Guest

Winston K.Borkowski, Sr. Gabriel E.Nieto

Susan Roeder Martin Frederick L.Aschauer, Jr. Joshua Douglas Smith

Kenneth G.Oertel

Teresa L.Mussetto, A.G.C. Stacey D.Cowley

Kellie D.Scott Monica Reimer David W.Childs

Matthew P.Coglianese

Terry Cole W.Douglas Beason Jeffrey Brown Luna E.Phillips

Thomas M.Beason, G.C. Kenneth B.Hayman Rick J.Burgess


M A N D A T E

From


DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To Bram D. Canter, Administrative Law Judge, Division of Administrative Hearings WHEREAS, in the certain cause filed in this Court styled:



FLORIDA WILDLIFE FEDERATION, INC. ET AL.


Case No : 1D12-3320


v. Lower Tribunal Case No : 11-6137RP

12-157


DEPARTMENT OF ENVIRONMENTAL PROTECTION


The attached opinion was issued on February 25, 2013.


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in


accordance with said opinion, the rules of Court, and the laws of the State of Florida.


WITNESS the Honorable Robert T. Benton, II, Chief Judge


of the District Court of Appeal of Florida, First District,


and the Seal of said Court done at Tallahassee, Florida, on this 13th day of March 2013.



Docket for Case No: 12-000157RP
Issue Date Proceedings
Jun. 12, 2013 Transmittal letter from Claudia Llado forwarding records to the agency.
Mar. 13, 2013 Mandate filed.
Mar. 13, 2013 Opinion filed.
Aug. 07, 2012 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Jul. 19, 2012 Index (of the Record) sent to the parties of record.
Jul. 19, 2012 Invoice for the record on appeal mailed.
Jul. 09, 2012 Amended Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Jul. 09, 2012 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Jul. 09, 2012 Amended Notice of Administrative Appeal filed.
Jul. 09, 2012 Notice of Administrative Appeal filed.
Jun. 07, 2012 Final Order (hearing held February 27-29, and March 1-2, and 5, 2012). CASE CLOSED.
May 16, 2012 Corrected Notice of Pending Federal Action filed.
May 15, 2012 Notice of Pending Federal Action filed.
Apr. 12, 2012 Petitioners' Notice of Errata (With Attached Proposed Final Order) filed.
Apr. 09, 2012 Petitioners' Proposed Final Order filed.
Apr. 09, 2012 Florida Department of Environmental Protection's and South Water Management District's Joint Proposed Final Order filed.
Apr. 09, 2012 Intervenors' Joint Proposed Final Order and Memorandum of Law filed.
Apr. 06, 2012 Order (granting Joint Motion for Enlargement of Page Limits for Proposed Final Orders).
Apr. 04, 2012 Petitioners' and Respondents' Joint Motion for Enlargement of Page Limits for Proposed Final Orders filed.
Mar. 29, 2012 Transcript of Proceedings (volumes 1-10) filed.
Mar. 29, 2012 Transcript of Proceedings (Volumes I-10) filed.
Mar. 06, 2012 Exhibit 717 filed.
Mar. 05, 2012 Petitioners' Notice of Providing Copy of Exhibit 717 to Administrative Law Judge Bram Canter filed.
Feb. 29, 2012 Petitioners' Notice of Filing Notice of Intention to Use a Summary Exhibit filed.
Feb. 27, 2012 CASE STATUS: Hearing Held.
Feb. 27, 2012 Petitioners' Notice of Use of Summary Exhibit filed.
Feb. 27, 2012 Notice of Appearance (Alisa Coe) filed.
Feb. 27, 2012 Petitioners' Response to DEP's Motions to Dismiss and in Limine and to DEP's Notice of Technical Change Regarding Law Implemented filed.
Feb. 27, 2012 Pre-hearing Stipulation filed.
Feb. 23, 2012 Petitioners' Amended Notice of Taking Deposition Duces Tecum of Robert H. Weisberg filed.
Feb. 22, 2012 Intervenors' List of Witnesses filed.
Feb. 22, 2012 Notice of Service of Intervenor South Florida Water Management District's Responses to Petitioners' Second Request to Admit filed.
Feb. 22, 2012 Intervenor's Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association, Notice of Joinder in the Florida Department of Environmental Protection's Motion in Limine and Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed.
Feb. 22, 2012 Intervenors' List of (Proposed) Exhibits filed.
Feb. 22, 2012 Intervenor, Florida Sugar Cane League's, Notice of Joinder in the Florida Department of Environmental Protection's Motion in Limine and Motion to Dismiss for Lack of Subject-Matter Jurisdiction (filed in Case No. 12-000157RP).
Feb. 22, 2012 Department of Environmental Protection's Answers to Petitioners' Fourth Request to Admit filed.
Feb. 22, 2012 Intervenors' Response to Petitioners' Second Request to Admit filed.
Feb. 22, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of Robert H. Weisberg filed.
Feb. 21, 2012 Notice of Service of Intervenor, Florida Sugar Cane League's Response to Petitioners' First Request to Admit filed.
Feb. 21, 2012 Order Granting Extension of Time.
Feb. 21, 2012 Notice of Cancellation of Deposition (Jean Marie Boyer) filed.
Feb. 21, 2012 Notice of Disposition of Related Case filed.
Feb. 21, 2012 Notice of Service of Intervenor South Florida Water Management District's Responses to Petitioners' First Request to Admit filed.
Feb. 21, 2012 Petitioners' Unopposed Motion for Extension of Time to Respond to Respondent FDEP's Motion to Dismiss, Motion in Limine, and Notice of Technical Change filed.
Feb. 21, 2012 Intervenors' Response to Petitioners' First Request to Admit filed.
Feb. 21, 2012 Amended Notice of Taking Deposition Duces Tecum of Intervenor, Clay County Utility Authority (Amended as to Location) filed.
Feb. 21, 2012 Clay County Utility Authority's Response to Petitioners' Second Request to Admit filed.
Feb. 20, 2012 Department of Environmental Protection's Answers to Petitioners' Third Request to Admit filed.
Feb. 20, 2012 Department of Environmental Protection's Answers to Petitioners' Second Request to Admit filed.
Feb. 20, 2012 FCG Environmental Committee?s Response to Petitioners' Second Request to Admit filed.
Feb. 17, 2012 Department of Environmental Protection's Notice of Technical Change Regarding Law Implemented For Existing and Proposed Rules Under Challenge filed.
Feb. 17, 2012 Department of Environmental Protections's Motion in Limine filed.
Feb. 17, 2012 Notice of Service of Intervenors' Responses to Petitioners' First Request for Admissions filed.
Feb. 17, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of Julie Epsy filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to South Florida Water Management District filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to Florida Sugar Cane League filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to Florida Electric Power Coordinating Group Environmental Committee filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co. Inc., Emerald Coast Utilities Authority, and Florida Stormwater Association filed.
Feb. 17, 2012 Notice of Service of Petitioners' Second Request to Admit to CCU filed.
Feb. 17, 2012 Notice of Service of Petitioners' Fourth Request to Admit to Respondent DEP filed.
Feb. 17, 2012 FCG Environmental Committee?s Response to Petitioner's First Requests to Admit filed.
Feb. 17, 2012 Clay County Utility Authority's Response to Petitioners' First Request to Admit filed.
Feb. 17, 2012 Notice of Service of Petitioners' Fifth Request for Production to Respondent DEP filed.
Feb. 16, 2012 Department of Environmental Protection's Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed.
Feb. 16, 2012 Order (denying motion for summary final order).
Feb. 16, 2012 Motion for Summary Final Order filed.
Feb. 15, 2012 Notice of Service of Petitioners' Fourth Request to Produce to Respondent DEP filed.
Feb. 15, 2012 Notice of Service of Petitioners' Third Request to Admit to Respondent DEP filed.
Feb. 15, 2012 Notice of Service of Petitioners' First Request to Admit to Florida Sugar Cane League filed.
Feb. 15, 2012 Notice of Service of Petitioners' First Request to Admit to Florida Electric Power Coordinating Group Environmental Committee filed.
Feb. 15, 2012 Notice of Service of Petitioners' First Request to Admit to South Florida Water Management District filed.
Feb. 15, 2012 Notice of Service of Petitioners' First Request to Admit to Clay County Utility Authority filed.
Feb. 15, 2012 Petitioners' First Request to Admit to Intervenors Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association filed.
Feb. 15, 2012 Order (granting all requests for intervention).
Feb. 15, 2012 Notice of Service of Petitioners' First Request to Admit to Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co. Inc., Emreald Coast Utilities Authority, and Florida Stormwater Association filed.
Feb. 15, 2012 Notice of Service of Petitioners' Second Request to Admit to Respondent DEP filed.
Feb. 15, 2012 Department of Environmental Protection's Response to Petitioners' First Request to Admit filed.
Feb. 14, 2012 Unopposed Motion to Intervene in Consolidated Case filed.
Feb. 14, 2012 Notice of Taking Deposition Duces Tecum of Tony Janicki filed.
Feb. 14, 2012 Intervenors' Amended Notice of Taking Depositions Duces Tecum (of B. LaPoint, A. Stewart and J. Burkholder) filed.
Feb. 13, 2012 Order (on Motion for Summary Final Order).
Feb. 13, 2012 Notice of Service of Petitioners' Amended Response to Intervenors, Florida League of Cities, James Sartori, Denstin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's Second Set of Interrogatories to Petitioners filed.
Feb. 13, 2012 Notice of Service of Petitioners' Response to Intervenors, Florida League of Cities, James Sartori, Denstin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's Second Set of Interrogatories to Petitioners filed.
Feb. 10, 2012 Notice of Service of Petitioners First Request to Admit to Respondent DEP filed.
Feb. 10, 2012 Notice of Service of Petitioners' Third Request for Production to Respondent DEP filed.
Feb. 10, 2012 Intervenor, Florida Electric Power Coordinating Group, Inc. Environmental Committee's Notice of Service of Supplemental Responses to Petitioners' First Set of Interrogatories filed.
Feb. 10, 2012 Petitioners' Cross Notice of Taking Videotaped Preservation Deposition of John Burns filed.
Feb. 10, 2012 Amended Notice of Hearing.
Feb. 10, 2012 Petitioners' Notice of Filing Attachments to Petitioners' Response to Respondent's Motion for Summary Dismissal filed.
Feb. 09, 2012 Petitioners' Response to DEP's Motion for Summary Dismissal filed.
Feb. 09, 2012 Response to Petitioners' First Request to Produce to Intervenor, Clay County Utility Authority filed.
Feb. 09, 2012 Notice of Taking Deposition Duces Tecum of Intervenor, Clay County Utility Authority filed.
Feb. 09, 2012 Amended Order of Pre-hearing Instructions.
Feb. 08, 2012 Notice of Appearance (Jeffrey Brown) filed.
Feb. 08, 2012 Amended Agreed Motion for Scheduling Order filed.
Feb. 08, 2012 Agreed Motion for Scheduling Order filed.
Feb. 08, 2012 Intervenors' Response to Petitioners' First Request for Production of Documents filed.
Feb. 08, 2012 Intervenors' Notice of Taking Deposition Duces Tecum (of J. Burns, B. LaPoint, A. Stewart, and J. Burkholder) filed.
Feb. 07, 2012 Petitioners' Response to Intervenors' Motion for Status Conference and to Require Completion of Expert Opinions filed.
Feb. 07, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of Christopher Madden filed.
Feb. 07, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of Thomas A. DeBusk filed.
Feb. 07, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of David Bolam filed.
Feb. 07, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of David W. Dilks filed.
Feb. 07, 2012 Petitioners' Notice of Taking Depositions Duces Tecum of Respondent's Witnesses Russel Frydenborg and David Whiting filed.
Feb. 07, 2012 Petitioners' Notice of Taking Deposition Duces Tecum of Respondent's Witness Kenneth Weaver filed.
Feb. 06, 2012 Intervenors Joinder in Respondent, Department of Environmental Protection's, Motion for Summary Final Order filed.
Feb. 06, 2012 Notice of Appearance (Stacey Cowley) filed.
Feb. 06, 2012 Notice of Telephonic Status Conference filed.
Feb. 06, 2012 Florida Sugar Cane League's, Florida Pulp and Paper Association Environmental Affairs, Inc.'s and Florida Fruit and Vegetable Association's Joinder in the Florida Department of Environmental Protection's Motion for Summary Final Order (filed in Case No. 12-000157RP).
Feb. 03, 2012 Intervenor, South Florida Water Management District's Motion Concurring with Department of Environmental Protection's Motion for Summary Final Order filed.
Feb. 03, 2012 Intervenors, Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's, Notice of Service of Second Set of Interrogatories to Petitioners filed.
Feb. 03, 2012 Motion for Status Conference and to Require Completion of Expert Opinions filed.
Feb. 03, 2012 Notice of Service of Petitioners' First Request for Production to Intervenors Destin Water Users, South Walton Utility Authority and Emerald Coast Utilities Authority filed.
Feb. 03, 2012 Notice of Service of Petitioners' First Request for Production to Intervenor Clay County Utility Authority filed.
Feb. 03, 2012 Notice of Service of Petitioners' Second Request for Production to Respondent DEP filed.
Feb. 02, 2012 Department of Environmental Protection's Motion for Summary Final Order filed.
Jan. 31, 2012 Notice of Appearance (Rick Burgess) filed.
Jan. 30, 2012 Notice of Appearance (Matthew Coglianese; filed in Case No. 12-000157RP).
Jan. 30, 2012 Notice of Service of Petitioners' Answers to Intervenor Clay County Utility Authority's First Set of Interrogatories to Petitioners filed.
Jan. 26, 2012 Intervenor, Florida Electric Power Coordinating Group, Inc. Environmental Committee's Notice of Service of Responses to Petitioners' First Set of Interrogatories filed.
Jan. 24, 2012 Notice of Service of Intervenor, Florida Sugar Cane League's Answers to Petitioners' First Set of Interrogatories filed.
Jan. 20, 2012 Notice of Service of Intervenor, South Florida Water Management District's, Answers to Petitioners' First Set of Interrogatories filed.
Jan. 20, 2012 Amended Notice of Hearing (hearing set for February 27 through March 2, 2012; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
Jan. 20, 2012 Department of Environmental Protection's Response to Petitioners' Unopposed Motion for Continuance filed.
Jan. 20, 2012 Petitioners' Unopposed Motion for Continuance of Hearing to February 27 through March 2, 2012 filed.
Jan. 19, 2012 Order Granting Petition to Intervene (Florida Stormwaer Association, Inc.).
Jan. 19, 2012 Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Florida Electric Power Coordinating Group, Inc. Environmental Committee filed.
Jan. 19, 2012 Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Florida Sugar Cane League filed.
Jan. 18, 2012 Florida Stormwater Association, Inc.'s Petition to Intervene filed.
Jan. 18, 2012 Order Granting Petitions to Intervene (Florida RFuit and Vegetable Association and Florida Sugar Cane League).
Jan. 18, 2012 Notice of Service of Petitioners' Response to Clay County Utility Authority's First Request for Production filed.
Jan. 18, 2012 Notice of Service of Petitioners' Response to Clay County Utility Authority's First Request for Admissions filed.
Jan. 17, 2012 Petition to Intervene (filed by Florida Fruit and Vegetable Association) filed.
Jan. 17, 2012 Florida Sugar Cane League's Petition to Intervene filed.
Jan. 17, 2012 Notice of Appearance (David Childs) filed.
Jan. 17, 2012 Order of Consolidation (DOAH Case Nos. 11-6137RP and 12-0157RP).
Jan. 13, 2012 Order of Assignment.
Jan. 13, 2012 Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
Jan. 12, 2012 Petitioners' Unopposed Motion for Consolidation with DOAH Case No. 11-6137 filed.
Jan. 12, 2012 Corrected Petition to Invalidate Amendments to Proposed Rules of the Florida Department of Environmental Protection filed.
Jan. 12, 2012 Petitioners' Notice of Errata filed.
Jan. 11, 2012 Petition to Invalidate Amendments to Proposed Rules of the Florida Department of Environmental Protection filed.

Orders for Case No: 12-000157RP
Issue Date Document Summary
Mar. 13, 2013 Mandate
Feb. 25, 2013 Opinion
Jun. 07, 2012 DOAH Final Order Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
Source:  Florida - Division of Administrative Hearings
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