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WILLIAM B. SWAIM vs SOUTH FLORIDA WATER MANAGEMENT DISTRICT, 15-000135RU (2015)

Court: Division of Administrative Hearings, Florida Number: 15-000135RU Visitors: 15
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
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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.
Feb. 24, 2015 Order to Show Cause.
Feb. 24, 2015 Amended Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
Feb. 20, 2015 Order Granting Extension of Time.
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.
Feb. 19, 2015 (Respondent's) Response in Opposition to Petitioner's Motion for Extension of Time to File Amended Petitions filed.
Feb. 19, 2015 (Petitioner's) Motion for Extension to File Amended Petitions filed.
Feb. 17, 2015 Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
Feb. 17, 2015 Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
Feb. 16, 2015 Order Canceling Hearing (parties to advise status by March 6, 2015).
Feb. 13, 2015 Order of Dismissal.
Feb. 02, 2015 South Florida Water Management District's Motion to Dismiss Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
Jan. 26, 2015 South Florida Water Management District's Notice of Cancellation of Deposition (of Todd Flato) filed.
Jan. 26, 2015 South Florida Water Management District's Notice of Cancellation of Telephonic Deposition (of Diana Fenimore) filed.
Jan. 23, 2015 William Swaim's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Finemore filed.
Jan. 22, 2015 Notice of Appearance (Jennifer Dawn Brown) filed.
Jan. 20, 2015 Order (denying motion to strike).
Jan. 16, 2015 South Florida Water Management District's Notice of Taking Telephonic Deposition for Diana Fenimore filed.
Jan. 16, 2015 William Swaim's Opposition to Respondent's Motion to Strike Attorney's Fees filed.
Jan. 15, 2015 South Florida Water Management District's Notice of Taking Deposition for Todd Flato filed.
Jan. 15, 2015 South Florida Water Management District's Motion to Strike filed.
Jan. 14, 2015 Order of Pre-hearing Instructions.
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).
Jan. 12, 2015 Order of Assignment.
Jan. 12, 2015 Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
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.
Source:  Florida - Division of Administrative Hearings

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