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  5. CITY OF MIAMI vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA ENVIRONMENTAL REGULATION COMMISSION, 16-004836RP (2016)

CITY OF MIAMI vs DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA ENVIRONMENTAL REGULATION COMMISSION, 16-004836RP (2016)

Court: Division of Administrative Hearings, Florida Number: 16-004836RP Visitors: 5
Petitioner: CITY OF MIAMI
Respondent: DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA ENVIRONMENTAL REGULATION COMMISSION
Judges: BRAM D. E. CANTER
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Aug. 19, 2016
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 13, 2018.
Latest Update: Mar. 14, 2019
16004431Mandate

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


August 31, 2017


Claudia Llado, Clerk DOAH

1230 Apalachee Pkwy DeSoto Bldg Tallahassee, FL 32399


RE: Florida Pulp And Paper Association etc.

v. Department of Environmental Protection et al.


Docket No.: 1D16-4610

Lower Tribunal Case No: 16-4431, 16-4836, 16-4875RP, 16-4912


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/jm Enclosures

c: (letter and mandate only)


Terry Cole Francine M. Ffolkes Janet M. Tashner Michael D. Durham Forrest Anders

Elizabeth V. Lenihan

Stacey D. Cowley, A.G.C.

Ruth A. Holmes Amy T. Petrick Gregory M. Munson Rachael Santana

Andrew J. Baumann Kerri L. McNulty Robert A. Williams Victoria Mendez Christopher D. Johns


M A N D A T E

From

DISTRICT COURT OF APPEAL OF FLORIDA FIRST DISTRICT


To Bram D. E. Carter, Administrative Law Judge, Division of Administrative Hearings

WHEREAS, in the certain cause filed in this Court styled:


FLORIDA PULP AND PAPER ASSOCIATION ETC.

Case No : 1D16-4610


v. Lower Tribunal Case No : 16-4431

16-4836, 16-4875RP, 16-4912 DEPARTMENT OF ENVIRONMENTAL PROTECTION ET AL.

The attached opinion was issued on July 11, 2017.


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 Bradford L. Thomas, Chief Judge of the District Court of Appeal of Florida, First District,

and the Seal of said Court done at Tallahassee, Florida, on this 31st day of August 2017.



Docket for Case No: 16-004836RP
Issue Date Proceedings
Mar. 14, 2019 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, to the agency.
Feb. 13, 2018 Order of Dismissal. CASE CLOSED.
Feb. 12, 2018 Unopposed Motion to Dismiss Petitions as Moot filed.
Feb. 07, 2018 Order Granting Motion to Amend Petition.
Feb. 06, 2018 Notice of Appearance (Deborah Madden) filed.
Feb. 05, 2018 City of Miami's Notice of Service of Unverified Response to Florida Pulp and Paper Association Environmental Affairs, Inc.'s First Set of Interrogatories filed.
Feb. 05, 2018 City of Miami's Notice of Service of Response to Florida Pulp and Paper Association Environmental Affairs, Inc.'s First Request for Production filed.
Feb. 05, 2018 Notice of Service of Respondent, Department of Environmental Protection's Response to Petitioner, Florida Pulp and Paper Association Environmental Affairs, Inc.'s First Request for Production (filed in Case No. 16-004875RP).
Feb. 05, 2018 Petitioner, Seminole Tribe of Florida's Request for Admissions from Florida Department of Environmental Protection filed.
Feb. 05, 2018 Petitioner, Seminole Tribe of Florida's Notice of Serving Second Set of Interrogatories to Respondent Department of Environmental Protection filed.
Feb. 02, 2018 Petitioner, The Seminole Tribe of Florida's Second Request for Production to Respondent, Department of Environmental Protection filed.
Feb. 02, 2018 Petitioner, Seminole Tribe of Florida's Response to Petitioner, Florida Pulp And Paper Association Environmental Affairs, Inc.'s First Request for Production filed.
Feb. 02, 2018 Petitioner, Seminole Tribe of Florida's Notice of Serving Non-verified Answers to Petitioner, Florida Pulp and Paper Association Environmental Affairs, Inc.'s First Set of Interrogatories to Petitioner filed.
Feb. 02, 2018 Notice of Service of Respondent, Department of Environmental Protection's Objections and Answers to Petitioner, Florida Pulp and Paper Association Environmental Affairs, Inc.'s First Set of Interrogatories (filed in Case No. 16-004875RP).
Feb. 01, 2018 Notice of Service of Respondent, Department of Environmental Protection?s Response Requests for Admissions from to Petitioner, Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 30, 2018 Notice of Petitioner's Second Request for Production to Respondent filed.
Jan. 30, 2018 City of Miami's Notice of Service of Request for Production to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 30, 2018 City of Miami's Notice of Service of Request for Production to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 30, 2018 City of Miami's Notice of Service of Request for Production to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 29, 2018 City of Miami's Notice of Service of Request for Production to State of Florida Department of Environmental Protection filed.
Jan. 29, 2018 City of Miami's Notice of Service of Request for Production to State of Florida Department of Environmental Protection filed.
Jan. 29, 2018 Petitioner's Motion for Leave to Amend Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.
Jan. 19, 2018 Order of Pre-hearing Instructions.
Jan. 17, 2018 Petitioner, Seminole Tribe of Florida's Request for Copies to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 17, 2018 Petitioner, Seminole Tribe of Florida's Request for Copies to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 16, 2018 Notice of Petitioner's Second Set of Interrogatories to Respondent filed.
Jan. 05, 2018 Notice of Service of Petitioner's First Request to Produce and First Set of Interrogatories to Intervenor Broward County filed.
Jan. 05, 2018 Notice of Service of Petitioner's First Request to Produce and First Set of Interrogatories to Petitioner Seminole Tribe of Florida filed.
Jan. 05, 2018 Notice of Service of Petitioner's First Request to Produce and First Set of Interrogatories to Petitioner City of Miami filed.
Jan. 05, 2018 Petitioner, Seminole Tribe of Florida's Request for Copies to Florida Pulp and Paper Association Environmental Affairs, Inc. filed.
Jan. 04, 2018 Notice of Petitioner's First Request to Produce to Respondent filed.
Jan. 03, 2018 Notice of Appearance (Jeffrey Brown) filed.
Jan. 03, 2018 Notice of Appearance (Jeffrey Brown) (filed in Case No. 16-004875RP).
Jan. 03, 2018 Notice of Petitioner's First Set of Interrogatories to Respondent filed.
Jan. 02, 2018 Petitioner, Florida Pulp and Paper Association Environmental Affairs, Inc., Requests for Admission to Respondent, Department of Environmental Protection filed.
Jan. 02, 2018 Order (regarding imposition of conditions on Intervenor).
Dec. 20, 2017 (Florida Pulp and Paper Association Environmental Affairs, Inc.'s) Motion to Impose Terms and Conditions on Proposed Intervenor (filed in Case No. 16-004875RP).
Dec. 13, 2017 Verified Motion for Intervention (filed by Broward County filed).
Nov. 29, 2017 Notice of Withdrawal filed.
Nov. 16, 2017 Order of Consolidation (DOAH Case Nos. 16-4431RP, 16-4836RP, 16-4875RP).
Nov. 15, 2017 Joint Status Report / Request for Reconsolidation filed.
Nov. 08, 2017 Order (requiring response due by November 15, 2017).
Sep. 27, 2017 Notice of Withdrawal filed.
Sep. 06, 2017 Oral argument scheduled for Monday, September 11, 2017 is cancelled.
Sep. 06, 2017 Order Reopening File. CASE REOPENED.
Aug. 31, 2017 Unopposed Motion for Stay.
Aug. 31, 2017 Mandate filed.
Aug. 31, 2017 Opinion filed. (DOAH CASE NO. 17-4945RP ESTABLISHED)
Aug. 16, 2017 BY ORDER OF THE COURT: Appellees' Motion for stay of mandate is denied without prejudice.
Jul. 11, 2017 Notice of Supplemental Authority filed.
Jun. 19, 2017 City of Miami's Request for Oral Argument filed.
Jun. 19, 2017 City of Miami's Reply Brief filed.
Jun. 15, 2017 Appellant's Request for Oral Argument filed.
Jun. 08, 2017 Appellant, thhe Seminole Tribe of Florida's Reply Brief filed.
Jun. 08, 2017 Notice of Agreed Extension of Time filed.
May 19, 2017 Answer Brief of Appellees Florida Department of Environmental Protection and Environmental Regulation Commission filed.
May 15, 2017 Answer Brief of Appellees Florida Department of Environmental Protection and Environmental Regulation Commission filed.
May 15, 2017 Notice of Agreed Extension of Time filed.
Apr. 24, 2017 Notice of Agreed Extension of Time filed.
Apr. 24, 2017 Notice of Agreed Extension of Time filed.
Mar. 13, 2017 Notice of Agreed Extension of Time filed.
Feb. 22, 2017 Appendix to Appellant, the Seminole Tribe of Florida's Initial Brief filed.
Feb. 22, 2017 Appellant, the Seminole Tribe of Florida's Initial Brief filed.
Feb. 21, 2017 Notice of Agreed Extension of Time filed.
Jan. 13, 2017 Joint Notice of Agreed Extension of Time filed.
Jan. 04, 2017 Index, Record, and Certificate of Record sent to the Third District Court of Appeal. (16-4431RP)
Jan. 04, 2017 Index, Record, and Certificate of Record sent to the Third District Court of Appeal. (16-4836RP)
Dec. 14, 2016 Index, Record, and Certificate of Record sent to the First District Court of Appeal. (16-4875RP)
Dec. 02, 2016 Notice of Agreed Extension of Time filed.
Nov. 28, 2016 Letter Requesting Copy of Record on Appeal (filed in Case No. 16-004875RP).
Nov. 10, 2016 Notice of Appearance (Rachael Santana).
Nov. 07, 2016 Acknowledgment of New Case, Third DCA Case No. 3D16-2440 filed.
Nov. 07, 2016 BY ORDER OF THE COURT: Upon joint of Appellants, it is ordered that the above referenced appeals are hereby consolidated for purpose of traveling together.
Nov. 02, 2016 Invoice for the record on appeal mailed. (16-4875RP)
Nov. 02, 2016 Index (of the Record) sent to the parties of record. (16-4875RP)
Oct. 31, 2016 Invoice for the record on appeal mailed. (16-4431RP)
Oct. 31, 2016 Invoice for the record on appeal mailed.
Oct. 31, 2016 Index (of the Record) sent to the parties of record.
Oct. 25, 2016 Notice of Filing Hearing Transcript (not available for viewing) filed.
Oct. 21, 2016 Appellant Seminole Tribe of Florida's Amended Directions to Clerk filed.
Oct. 18, 2016 Appellant Florida Pulp and Paper Association Environmental Affairs, Inc.'s Directions to the Clerk filed.
Oct. 13, 2016 Acknowledgment of New Case, First DCA Case No. 1D16-4610 filed.
Oct. 13, 2016 BY ORDER OF THE COURT: the Notice of Appeal is corrected to read District Court of Appeal First District.
Oct. 11, 2016 Appellant, Seminole Tribe of Florida's Motion to Stay of Adoption of Rule 62-302.530, F.A.C. Pending Appeal filed.
Oct. 11, 2016 Amended Designation to the Court Reporter filed.
Oct. 11, 2016 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Oct. 11, 2016 Notice of Appeal filed.
Oct. 11, 2016 Notice of Filing Designation to the Court Reporter filed.
Oct. 10, 2016 Appellant Seminole Tribe of Florida's Directions to Clerk filed.
Oct. 10, 2016 Order Denying Stay.
Oct. 07, 2016 Response to Petitioner's, The Seminole Tribe of Florida's Motion to Stay Adoption of Rule 62-302.530, F.A.C. Pending Appeal filed.
Oct. 06, 2016 Invoice for the record on appeal mailed.
Oct. 06, 2016 Index (of the Record) sent to the parties of record.
Sep. 30, 2016 Petitioner, Seminole Tribe of Florida's, Motion to Stay of Adoption of Rule 62-302.530, F.A.C. Pending Appeal filed.
Sep. 30, 2016 Petitioner Seminole Tribe of Florida Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date.
Sep. 30, 2016 Petitioner Seminole Tribe of Florida's Notice of Appeal filed.
Sep. 26, 2016 BY ORDER OF THE COURT: This Appeal will be dismissed unless the required filing fee is paid to the Clerk of the Court on or before October 2, 2016.
Sep. 19, 2016 Acknowledgment of New Case, Third DCA Case No. 3D16-2129 filed.
Sep. 15, 2016 Notice of Appeal filed and Certified copy sent to the Third District Court of Appeal this date.
Sep. 13, 2016 Corrected Order of Dismissal.
Sep. 13, 2016 Order of Dismissal. CASE CLOSED.
Sep. 13, 2016 Petitioner Seminole Tribe of Florida's Response to Respondents' Motion to Strike Petitioner Seminole Tribe of Florida's Notice of Filing Supplemental Authority filed.
Sep. 12, 2016 Respondents' Motion to Strike Petitioner, Seminole Tribe of Florida's Notice of Filing Supplemental Authority filed.
Sep. 09, 2016 Petitioner, Seminole Tribe of Florida's Notice of Filing Supplemental Authority filed.
Sep. 07, 2016 CASE STATUS: Hearing Held.
Sep. 06, 2016 Response in Opposition to The Seminole Tribe of Florida's Motion for Summary Final Order filed.
Sep. 06, 2016 Response to the Department's Motion to Dismiss filed.
Sep. 06, 2016 Petitioner, Florida Pulp and Paper Association Environmental Affairs Inc., Revised Requests for Admission to Respondent, Department of Environmental Protection filed.
Sep. 06, 2016 Petitioner Martin County's Notice of Filing filed.
Sep. 06, 2016 Petitioner Martin County's Amended Response in Opposition to Respondents' Motion to Dismiss Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.
Sep. 02, 2016 Petitioner Martin County's Response in Opposition to Respondents' Motion to Dismiss Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.
Sep. 01, 2016 Notice of Withdrawal of Objection to Petitioner, the Seminole Tribe of Florida's First Set of Interrogatories Directed to the Department of Environmental Protection and Petitioner, The Seminole Tribe of Florida's First Request for Production to Department of Environmental Protection and Motion for Protective Order filed.
Sep. 01, 2016 Amended Notice of Oral Argument (oral argument set for September 7, 2016; 9:00 a.m.; Tallahassee, FL; amended as to date of hearing).
Aug. 31, 2016 Respondents' Response in Opposition to Petitioner's Substituted Motion for Leave to Amend Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.
Aug. 31, 2016 Response to FDEP Motion to Dismiss filed.
Aug. 31, 2016 Response to DEP Motion to Strike filed.
Aug. 31, 2016 Notice of Oral Argument (hearing set for September 6, 2016; 9:00 a.m.; Tallahassee, FL).
Aug. 31, 2016 Order of Consolidation (DOAH Case Nos. 16-4431RP, 16-4836RP, 16-4875RP, and 16-4912RP)).
Aug. 30, 2016 Respondents' Motion to Dismiss the Petitioner's Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.
Aug. 29, 2016 Amended Notice of Appearance (Stacey Cowley) filed.
Aug. 29, 2016 Notice of Appearance (Francine Ffolkes) filed.
Aug. 26, 2016 Notice of Appearance (Stacey Cowley) filed.
Aug. 24, 2016 Notice of Appearance (Janet Tashner) filed.
Aug. 23, 2016 Order of Assignment.
Aug. 23, 2016 Rule Challenge transmittal letter to Ernest Reddick from Claudia Llado copying Ken Plante and the Agency General Counsel.
Aug. 23, 2016 Notice of Appearance (Robert Williams) filed.
Aug. 19, 2016 Petition for Administrative Determination of Invalidity of Proposed Rule Revisions filed.

Orders for Case No: 16-004836RP
Issue Date Document Summary
Aug. 31, 2017 Mandate
Jul. 11, 2017 Opinion
Source:  Florida - Division of Administrative Hearings
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