The Issue Whether a permit should be granted for an at-grade crossing over the Florida East Coast Line Railroad at Mile Post 175.57.
Findings Of Fact 1. The City of Rockledge, Florida is constructing a road in the incorporated limits of the city, known as Rovac Parkway. The road has not been completed, but when completed, it will consist of two ten foot driving lanes running east and two ten foot driving lanes running west with a twelve foot median strip and fourteen foot shoulders. This road-is scheduled to intersect the Florida East Coast Line Railroad at Mile Post 175.57, and would cross the railroad with the same given dimensions as described above. After crossing the railroad, the Rovac Parkway would intersect with U.S.1, also known as State Road There is pending with the State of Florida, Department of Transportation, an application for driveway permit from the Rovac Parkway into U.S.1 (State Road 5), and a copy of the application for permit is found in the City's Exhibit #4 entered into evidence in the hearing. The area for which the application for at-grade crossing pertains is zoned R-2. In the general area of the proposed crossing it is intended that a industrial plant be built by Rovac, Inc., a firm from Maitland, Florida. The Florida East Coast Line Railroad which runs through the City of Rockledge is a single track line which runs roughly north and south and 66 percent of the population of the City of Rockledge, is located west of the Florida East Coast Line Railroad, with the remaining 34 percent found east of the Florida East Coast Line Railroad. The population in the City of Rockledge at the time of the hearing was 11,467 people. If the subject railroad crossing was open and the Rovac Parkway completed, approximately 35 percent of the 66 percent of the population lying west of the Florida East Coast Line Railroad would be using the at-grade crossing. The nearest at-grade crossing with signalization is found 1/2 mile north of the proposed crossing at Barton Road, and the implementation of an at-grade crossing at the subject location would releave the traffic at Barton Road and promote safe crossing of the Florida East Coast Line Railroad found in the City of Rockledge. Immediately north of the proposed at-grade crossing and identified as Mile Post 175.49 is an unprotected at-grade crossing. This crossing services a roofing company which services the public and also services a number of homes in the immediate vicinity of the existing crossing. If the new at-grade crossing at Mile Post 175.57 were permitted, the people who utilize the crossing at Mile Post 175.49 would be serviced by the new crossing. This service would be affected by an extension of an existing road known as Edwards Drive, from its present location to intersect with Rovac Parkway at right angles immediately west of the intersection of the proposed crossing with the Florida East Coast Line Railroad. The land that is necessary for the extension of Edwards Drive has been deeded to the City of Rockledge but has not been dedicated, A and public hearings have been held on the question of the service of those persons in the vicinity at the present at-grade crossing, in addition to public hearings on the extension of Edwards Drive. The location of the proposed crossing and the existing crossing at Mile Post 175.49, and their relationship to other landmarks in the area can be seen through the City's Exhibit #13, admitted into evidence. At the time of hearing, eight north and south bound freight trains and two local freight trains operated in the vicinity of the present crossing at Nile Post 175.49 and the contemplated crossing at Mile Post 175.57. The time schedule for the northbound freight trains is 3:00 A.M., 4:00 A.M., 5:00 A.M., 9:00 A.M., 2:00 P.M. 3:00 P.M., 4:00 P.M. and 7:00 P.M. The time schedule for the south bound freight trains is 10:45 A.M., 3:45 P.M., 7:00 P.M., 8:00 P.M., 9:00 P.M., 10:45 P.M., 11:45 P.M. and 6:30 A.M. The two local freight trains run at approximately 4:00 A.M. and 12:00 noon. The 7 speed limit in the area of the crossing at Mile Post 175.49 and the proposed crossing at Mile Post 175.57 is 60 fPH for the railroad. There is a left curve approximately 1,550 feet south of the proposed crossing. All parties to the hearing feel that it is necessary to have signalization at the proposed at-grade crossing. The witness for the City acknowledged the need for such an arrangement. The spokesman for the Railroad felt that the crossing should be controlled by an automatic system with flashing lights, ringing bells, and gates, which was train activated, and the witness of the Department of Transportation felt that the safety equipment at the proposed at-grade crossing should be a Type IV, with cantilevered flashing lights, ringing bells and gates. The same witnesses stressed that the existing crossing at Mile Post 175.49 was not signalized and therefore was much more dangerous than a signalized crossing, such as the proposed crossing at Mile Post 175.57. Exhibits which were offered in the course of the hearing which address the propriety of opening a crossing at Mile Post 175.57 and closing the crossing at Mile Post 175.49 were as follows: Exhibit #1, by the City, is a map of the City of Rockledge; Exhibit #2, by the City, is a comprehensive land use plan of the City; Exhibit #3, by the City, is a resolution of the City Council, City of Rockledge, proposing the opening of the crossing at Mile Post 175.57; Exhibit #6, by the City, a traffic count at the Barton crossing; Exhibit #11, by the City, a resolution of the Brevard Economic Development Commission concerning the impact of such a development; and Exhibit #12, by the City, a drawing of the extension of Edwards Drive and the construction of the Rovac Parkway, together with the present crossing and the proposed crossing.
Recommendation It is recommended that the permit be granted, to open the subject crossing, utilizing safety equipment of a type addressed in the Conclusions of Law section of this Recommended Order. DONE and ENTERED this 2nd day of July, 1976, in Tallahassee, Florida. CHARLES C. ADAMS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304 (904) 488-9675 COPIES FURNISHED: Walter C. Sheppard, Esquire City Attorney, for Rockledge 115 Harrison Street Cocoa, Florida 32922 Charles B. Evans, Esquire Florida East Coast Line Railroad One Malaga Street St. Augustine, Florida 32084 Philip Bennett, Esquire Office of Legal Operation Department of Transportation 605 Suwannee Street Haydon Burns Building Tallahassee, Florida 32304
Findings Of Fact The Respondent, Dudley Cohn, is a registered real estate salesman having been issued license number 0314085. The last known address of Respondent is 3351 NE 19th Avenue, Oakland Park, Florida 33306. Dudley Cohn also goes by the name of Doug Cohn, under which name he is not licensed. Cohn did not give the name of Douglas or Doug as an alias on his application for licensure. During March and/or April of 1980, several advertisements for real property appeared in the Pompano Shopper in the classified section. In response to the subject advertisements, John Michaelis and Albert Crowley called the telephone numbers listed in said advertisements to obtain information on real property advertised therein. One of the telephone numbers which appeared in the advertisements is a number which was maintained by former real estate licensees, Real Estate Merchandisers, Inc., and George May. Respondent Cohn visited Mr. and Mrs. Michaelis and Mr. Crowley, individually, at their residences in 1980, and at that time he identified himself to them as a salesman associate of Real Estate Merchandisers, Inc. For the purpose of identification, Respondent presented to the Michaelises and to Crowley, individually, business cards from Real Estate Merchandisers, Inc., and/or George May, Broker, on which Respondent had written his name as "Cohn" or "Doug Cohn." (Transcript, pages 16, 41, 44; Petitioner's Exhibits 1, 4.) After identifying himself as a representative of Real Estate Merchandisers, Inc., Respondent proceeded to make a sales presentation to the Michaelises and Crowley, individually, for the purpose of persuading them to purchase investment property in the Miami area. Respondent represented to the Michaelises that he had seen the property and it was beautiful, that it was high and dry, and that access by road existed to the property. Based on these representations, on April 10, 1980, the Michaelises agreed to purchase the real property located in Dade County, Florida, being sold by Respondent and executed an agreement for deed. Respondent also represented to the Michaelises that the property was located approximately 2.5 miles west of the Krome Avenue cutoff of U.S. Highway 27, behind a cement plant. Respondent gave to the Michaelises and Crowley copies of maps indicating the location of the subject property and stating it was behind the cement plant. (Transcript, pages 21, 22, 27, 45, 46, 48, 49, 50, 55, 57, 61, 93, 94, 95, 96, 98; Petitioner's Exhibits 2, 5, 6.) Based upon the representations of its location made by Respondent, Crowley agreed to purchase a piece of real property located in Dade County, Florida, and gave Respondent a check in the amount of $1,000 to serve as a binder on said property. Crowley instructed Respondent to hold the check until Crowley had inspected the real property. Respondent tried to cash the check, but the bank refused to honor the check. Crowley learned from the Miami Planning Commission that the property in question was not as Respondent had represented it to be and did not go through with the purchase. (Transcript, pages 29, 32, 33.) Said properties in actuality were located approximately seven to 15 miles west of the Krome Avenue cutoff of U.S. Highway 27. The subject property is accessible only by air boat or other off-road vehicles. No plans existed to develop roads in this area. (Transcript, pages 31, 58, 62, 63, 64, 99, 100, 101, 178, 179, 184, 185, 186, 192, 193, 200.) When the Michaelises went to view the subject property, it was submerged below standing water. Said property is normally submerged below ground water at least nine months out of each year and lies in a vital water flow area for the South Florida Everglades area. (Transcript, pages 170, 171, 172, 174, 175, 176, 177, 184, 185, 189, 190, 191, 198.) At the time that Respondent contacted the Michaelises and Crowley, Respondent was registered as a non-active real estate salesman with the Florida Real Estate Commission. Respondent had never personally seen the property he was selling. (Transcript, pages 203, 206, 248; Petitioner's Exhibits 1, 3.) Respondent gave money to his broker to have his registration changed from inactive to active. When advised that his license was not active, Respondent immediately applied to activate his license.
Recommendation Having found the Respondent, Dudley Cohn, also known as Douglas Cohn, guilty of two counts of violating Section 475.25(1)(b), Florida Statutes, as alleged by the Florida Real Estate Commission, it is recommended that the license of Respondent be suspended for two years. DONE and RECOMMENDED this 23rd day of December, 1982, in Tallahassee, Leon County, Florida. STEPHEN F. DEAN, Hearing Officer 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 23rd day of December, 1982. COPIES FURNISHED: Bruce D. Lamb, Esquire Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 Eli Breger, Esquire, and Richard Breger, Esquire 17200 NE 19th Avenue North Miami Beach, Florida 33162 Samuel R. Shorstein, Secretary Department of Professional Regulation 130 North Monroe Street Tallahassee, Florida 32301 C. B. Stafford, Executive Director Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802 William M. Furlow, Esquire Florida Real Estate Commission 400 West Robinson Street Post Office Box 1900 Orlando, Florida 32802
The Issue The issue for disposition is whether Respondent violated Article II, Section 8(e), Florida Constitution, by personally representing his private employer for compensation before the Orlando-Orange County Expressway Authority while serving as a State Senator. After admissions and stipulation of the parties, the single issue of law and fact is whether the Orlando-Orange County Expressway Authority is a "state agency" for purposes of Article II, Section 8(e), Florida Constitution.
Findings Of Fact Respondent, George Stuart, served as State Senator from District 14, the Orlando area, from 1978 until November 1990. On September 22, 1986, Respondent was hired by the brokerage firm, Drexel Burnham Lambert, to serve in the company's municipal bond finance division. He served as vice president of the division until December 29, 1989. Respondent was compensated for his services, which services included calling on clients to explain how Drexel Burnham could assist in their bond issues and to urge the issuer to select Drexel Burnham as an underwriter. The Orlando-Orange County Expressway Authority (OOCEA, or Authority) was created in 1983 by section 348.753, F.S. It has five members, three of whom are appointed by the Governor; the fourth member is chair of the Orange County Board of County Commissioners, and the fifth member is the district secretary for the Department of Transportation for the district which includes Orange County. OOCEA is limited in its operation to Orange County. Its budget has no legislative oversight and it is not operated with state funds appropriated to meet its budget. Tolls collected by the Authority are used for construction, financing and operation of its expressway system. Once built, the roads are operated and maintained by the Department of Transportation. OOCEA members are required to file financial disclosure statements. OOCEA participates in the Florida Retirement System. Bonds issued by the OOCEA are tax exempt. The Authority's General Counsel, J. Fennimore Cooper, advised that the Florida Constitution requires legislative approval for revenue bond issues; and in 1986, he sent a letter to Respondent seeking assistance in obtaining the necessary appropriations proviso language to approve various projects of the Authority. In 1988 when OOCEA decided to issue bonds to finance its Central Connector Project, legislative approval was again required and the necessary language was provided by its General Counsel to its registered lobbyist, Bobby Hartnett. The OOCEA received the legislative approval for the project during the Special Session on June 8, 1988. Chapter 88-557, Laws of Florida, containing appropriations act proviso language, includes this section: Section 59. The Orlando-Orange County Ex- pressway Authority is hereby authorized to construct the Central Connector and the Southern Connector of the Expressway System as part of the authority's 20-year capital projects plan. These extensions shall each be financed with revenue bonds issued by the Division of Bond Finance of the Department of General Services on behalf of the author- ity pursuant to s. 11, Art. VII of the State Constitution and the State Bond Act, ss. 2156.57-215.83, Florida Statutes. Respondent met with the chairman of the OOCEA to express Drexel Burnham's interest in serving as a co-managing underwriter for the issue and to ask for a request for proposal to which Drexel Burnham could respond. Respondent made a similar visit to the executive director of the Authority. A September 23, 1988 contact by Respondent was specifically regarding the Central Connector bond issue. On August 12, 1988, Respondent, as vice president of the Municipal Bond Finance Division and Ander Crenshaw, as first vice president, submitted Drexel Burnham's "Proposal to Serve as Co-Managing Underwriter for the Central Connector Project" to the Authority. Respondent received compensation for all representations he made for Drexel Burnham, including this one. The Authority received twenty-two proposals and ultimately selected nine co-managers, one of which was Drexel Burnham. Drexel Burnham co-managed a small percent of the issue and received $59,940 total compensation. The total amount of the bond issue was $140,600,000.00. The Department of General Services, Division of Bond Finance, served as agent for the OOCEA's 1988 bond issue. In his contacts with OOCEA, Respondent did not consider there was any ethical proscription. He avoided Cabinet-level bond issues and called on cities, hospital districts, or airport authorities. He considered OOCEA a similar local agency.
Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Commission on Ethics issue its Final Order and Public Report finding that Respondent, George Stuart, violated Article II, Section 8(e), Florida Constitution, by representing Drexel Burnham Lambert before the Orlando-Orange County Expressway Authority for compensation while serving as State Senator. DONE AND ENTERED this 10th day of August, 1993, in Tallahassee, Florida. MARY CLARK Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of August, 1993. COPIES FURNISHED: COPIES FURNISHED: Virlindia Doss, Esquire Department of Legal Affairs The Capitol, PL-01 Tallahassee, Florida 32399-1050 Dexter Douglass, Esquire Post Office Box 1674 Tallahassee, Florida 32302-1674 Bonnie Williams, Executive Director Ethics Commission Post Office Box 6 Tallahassee, Florida 32302-0006 Phil Claypool, General Counsel Ethics Commission Post Office Box 6 Tallahassee, Florida 32302-0006
The Issue The issue in this case is whether Respondent, the Department of Environmental Protection, violated the Florida Civil Rights Act of 1992 as alleged in a Petition for Relief filed by Petitioner, Edwin R. Bollinger, with the Florida Commission on Human Relations.
Findings Of Fact Petitioner, Edwin R. Bollinger, is a Caucasian male, born March 18, 1936. At the time of the alleged unlawful employment practice at issue in this case, Mr. Bollinger was 58 to 59 years of age. Mr. Bollinger was employed by the State of Florida from at least 1982 until his termination in May 1995. At all times relevant to this matter, Mr. Bollinger was employed by Respondent, the Department of Environmental Protection (hereinafter referred to as the "Department"), or, prior to its absorption into the Department, the Department of Natural Resources. Prior to July 1994 Mr. Bollinger served as a park officer in the Florida Park Service of the Department. Mr. Bollinger was stationed at Bill Baggs Cape Florida State Recreation Area located in Dade County, Florida. Two other park officers were working with Mr. Bollinger in July 1994: Antonio Sanchez and Kathy Martinez. Effective July 1, 1994, all Florida Park Service officers were reclassified as law enforcement officers and were transferred to the Department's Division of Law Enforcement (hereinafter referred to as the "Division"). The position of park officer was abolished. Colonel Mickey Watson was the Director of the Division at all times relevant to this matter. Captain Carl Nielsen, Mr. Bollinger's immediate supervisor, met with Mr. Bollinger, Ms. Martinez, and Mr. Sanchez on July 1, 1994, to swear them in as law enforcement officers within the Division. Captain Nielsen explained the nature of the new positions to the three officers, gave them a copy of the position description for the positions, and gave them new manuals. In particular, Captain Nielsen explained that the new positions would require the enforcement of the laws and rules that governed the parks on a full-time basis and the devotion of their efforts to full-time law enforcement. On February 3, 1995, Captain Nielsen placed Mr. Bollinger, Ms. Martinez, and Mr. Sanchez on performance improvement plans (hereinafter referred to as "PIPs") because of deficiencies in their performance since their reclassification. Ms. Martinez and Mr. Sanchez successfully completed their PIPs. On May 10, 1995, Mr. Bollinger was dismissed from his position with the Department for failure to perform his duties satisfactorily. The dismissal was recommended by Captain Nielsen and approved by Colonel Watson. Mr. Bollinger was 59 years of age at the time of his dismissal. Colonel Watson, Captain Nielsen, and Mr. Sanchez were in excess of 40 years of age at the time of Mr. Bollinger's dismissal. Ms. Martinez was less than 40 years of age at the time of Mr. Bollinger's dismissal. Mr. Bollinger challenged his dismissal before the Public Employees Relations Commission (hereinafter referred to as "PERC"). On June 22 and 23, 1995, and July 5, 1995, a hearing was conducted by a PERC Hearing Officer. A Recommended Order was entered on August 2, 1995, finding that just cause existed for Mr. Bollinger's dismissal. The Recommended Order included the following conclusion: In conclusion, the Agency has proven by a preponderance of the evidence that Bollinger did not meet his performance standards, after he was informed of the deficiencies, given assistance in improving the deficiencies, and had an amply opportunity to improve his deficiencies. See Croce v. Department of Corrections, 3 FCSR 239 (1988), affirmed, 553 So.2d 1181 (Fla. 4th DCA 1989)(unsatisfactory performance on one or few job duties which are critical factors for the effective functioning of an agency can support discipline for unsatisfactory performance). Thus, Bollinger's unsatisfactory performance of his duties supports just cause for discipline. Page 19, Respondent's Exhibit 1. The Recommended Order was subsequently adopted by PERC by Final Order entered on or about January 23, 1996. The evidence failed to prove that Mr. Bollinger's age played any role in his dismissal by the Department. In June of 1990 Mr. Bollinger underwent extensive surgery on his right shoulder, chest, and neck due to squamous cell carcinoma right parotid gland. Mr. Bollinger returned to work on November 12, 1990. Although the following description of the results of Mr. Bollinger's initial and subsequent surgery was written after Mr. Bollinger's termination from employment with the Department, it adequately describes his condition during the times relevant to this proceeding: This produced a deformity of the chest wall as well as more deformity of the supraclavicular area of the right side of his neck as well as a large scar in that area. The surgery included dissection of the facial nerve which was not completely successful because of the entanglement of the tumor around the nerve. [Mr. Bollinger] was left with a facial nerve palsy. He also complains of some loss of hearing, loss of motion of the shoulder and loss of motion of his neck. Petitioner's Exhibit 11. After returning to work after his surgery, Mr. Bollinger informed his immediate supervisor that he could perform his responsibilities without limitation but requested that he be permitted time to switch his firearm qualification from his right hand to his left hand. He also made informal requests for reduced beach patrol, foot patrol, and water patrol so that he could minimize his exposure to the sun. The evidence failed to prove that these informal requests were not granted. Mr. Bollinger did not inform Captain Nielsen that his physical condition would in any way prevent him from satisfying the PIP imposed on him by Captain Nielsen prior to his dismissal. Mr. Bollinger also did not make any request to the Department for any accommodation for his physical condition other than noted, supra. Despite the consequences of the surgery performed on Mr. Bollinger, he continued to carry out his duties with the Department from 1990 to 1994 when he was discharged for reasons unrelated to his medical condition. The evidence failed to prove that Mr. Bollinger's disability played any role in his dismissal by the Department. The evidence failed to prove that the Department's actions were a pretext for discrimination based upon Mr. Bollinger's age or disability. There was no evidence that the Department's dismissal of Mr. Bollinger was grounded on discriminatory animus or that discriminatory reason motivated the Department in its actions toward Mr. Bollinger.
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that a final order be entered by the Florida Commission on Human Relations finding that Edwin R. Bollinger failed to prove that the Department of Environmental Protection committed an unlawful employment practice in violation of Section 760.10(1)(a), Florida Statutes (1995), and dismissing, with prejudice, Mr. Bollinger's Petition for Relief. DONE AND ENTERED this 15 day of June, 2000, in Tallahassee, Leon County, Florida. LARRY J. SARTIN Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 15th day of June, 2000. COPIES FURNISHED: Edwin R. Bollinger 6372 Alderwood Plaza Woodbury, Minnesota 55125 Marshall G. Wiseheart, Assistant General Counsel Department of Environmental Protection 3900 Commonwealth Boulevard, Mail Station 35 Tallahassee, Florida 32399-3000 Sharon Moultry, Agency Clerk Florida Commission on Human Relations 325 John Knox Road, Building F Tallahassee, Florida 32303-4149 Dana A. Baird, General Counsel Florida Commission on Human Relations 325 John Knox Road, Building F Tallahassee, Florida 32303-4149
The Issue The issue is whether Mr. Lamb, violated Subsection 106.07(1), Florida Statutes (2008), on two occasions.
Findings Of Fact The Commission is the state agency responsible for enforcing the campaign laws of the state. Mr. Lamb was served requests for admissions pursuant to Rule 1.370 of the Florida Rules of Civil Procedure. He did not timely respond to the Commission's requests for admissions. In fact, at the time the Second Amended Motion for Summary Final Order was filed, Mr. Lamb still had not responded. It is found that Mr. Lamb is not going to respond. The effect of this failure is to cause the matter elucidated in the following paragraphs to become the facts of this case. On or about August 23, 2007, Florida Homestead Fair Tax.com PAC of Florida Committee (Committee) filed its Statement of Organization of Political Committee. On August 23, 2007, the Committee filed its Florida Appointment of Campaign Treasurer and Designation of Campaign Depository for Political Committees and Electioneering Communication Organizations with the Division of Elections designating Kenneth E. Lamb as its chairman and treasurer. On August 23, 2007, the Committee filed its Registered Agent Statement of Appointment with the Division of Elections designating Kenneth E. Lamb as its registered agent. Mr. Lamb received a letter dated August 28, 2007, from Kristi Reid Bronson acknowledging receipt of the statement of Organization and Appointment of Campaign Treasurer for Florida Homestead Fair Tax.com PAC of Florida. Mr. Lamb received a letter dated January 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated January 18, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated July 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2007 Q4 Campaign Treasurer's Report due on January 10, 2008. Mr. Lamb received a letter dated April 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb received a letter dated April 25, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb received a letter dated July 11, 2008, from Ms. Bronson notifying him that he failed to file the Committee's 2008 Q1 Campaign Treasurer's Report due on April 10, 2008. Mr. Lamb's failure to file the Committee's 2007 Q4 Campaign Treasurer's Reports was willful. Mr. Lamb's failure to file the Committee's 2008 Q1 Campaign Treasurer's Reports was willful. As of May 18, 2009, Mr. Lamb has not filed the Committee's 2007 Q4 Report. As of May 18, 2009, Mr. Lamb has not filed the Committee's 2008 Q1 Report. Mr. Lamb's willful failure to file the Committee's 2007 Q4 Campaign Treasurer's Report is a violation of Subsection 106.07(1), Florida Statutes. Mr. Lamb's willful failure to file the Committee's 2008 Q1 Campaign Treasurer's Report is a violation of Subsection 106.07(1), Florida Statutes.
Other Judicial Opinions 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 Appeal with the agency clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Findings Of Fact In June, 1982, Florida East Coast Railway Company filed an Application for Development Approval for a Development of Regional Impact to be called "F.E.C. Park of Industry and Commerce" to be located in Dade County, Florida. On June 23, 1983, the Board of County Commissioners of Dade County adopted Resolution Z-114-83, a Development Order approving with conditions the development proposed by Florida East Coast Railway Company. A copy of the Development Order was transmitted to the Clerk of the Board of County Commissioners on July 7, 1983. By letter dated July 8, 1983, and received by the Department of Community Affairs on July 11, 1983, the Assistant Director of the Building and Zoning Department of Dade County advised that: In compliance with Section 380, Florida Statutes, we are enclosing , herewith, a copy of Resolution No. Z-114-83, adopted by the Board of County Commissioners on June 23, 1983, approving a development of regional impact applied for by Florida East Coast Railway Company to permit the development of the above-described property for an industrial park complex involving a district boundary change from GU (interim) to IU-C (Industry-Controlled) and an Unusual Use to permit two lake excavations. By letter dated July 19, 1983, the Department of Community Affairs responded to receipt of the copy of the Development Order as follows: We have received the copy of the Florida East Coast Railway Development Order you sent on July 8 in accordance with Chapter 380, Florida Statues[sic]. However, to fulfill the requirements of the law, the Development Order must he signed and include all exhibits. Therefore would you please he kind enough to provide the Department with a signed copy of Resolution #Z-114-83. . . . By letter dated July 27, 1983, and received by the Department of Community Affairs on August 1, 1983, Dade County advised that: In accordance with your letter of July 19, 1983, and our telephone conversation of this date, I am enclosing, herewith, a certified copy of Resolution Z-114-83; as I explained to you on the telephone, the Board of County Commissioners does not sign its resolutions. The only significant difference between the copy of the Development Order received by the Department of Community Affairs on July 11, 1983, and the one received on August 1, 1983, is a certificate signed by a Deputy Clerk in the office of the Clerk of the Circuit Court in Dade County certifying that the latter copy of Resolution No. Z-114-83 was a true and correct copy of the original of that document. Since at least 1946, Dade County has adopted and codified its zoning actions in the following manner. After the Board of County Commissioners acts on zoning applications at a regularly scheduled zoning meeting, zoning resolutions are prepared by Mr. Chester C. Czebrinski, who is in attendance at the meetings. Mr. Czebrinski is an attorney and is the Assistant Director of the Dade County Building and Zoning Department. He is also legal counsel to the Department and is a Deputy Clerk of the Board of County Commissioners. He has performed the functions described herein since 1946. While in attendance at the zoning meeting, Mr. Czebrinski records the action of the Board of County Commissioners on zoning applications noting any conditions adopted by the Board. In preparing the zoning resolution, he uses information obtained from the Clerk of the County Commission as to the resolution number, the names of the Commissioners who made and seconded the motion, and the vote on the resolution. When such resolutions are prepared, they are never re-submitted to the Board of County Commissioners for any further action or review. Copies of final zoning resolutions prepared by Mr. Czebrinski are sent to the Clerk of the County Commission (two original copies), other county departments, to the applicant, and to the attorneys of record. The purpose of transmitting the resolution to those departments and persons is to notify them of the official final action taken by the Board of County Commissioners. Additional copies of resolutions are also placed in the zoning hearing file. All such resolutions transmitted contain a transmittal date on the face of the resolution. The purpose of the transmittal date is to commence the appeal period within which an appeal may be taken to circuit court from the action of the Board of County Commissioners pursuant to the Code of Metropolitan Dade County. All such resolutions transmitted by Mr. Czebrinski are unstamped, uncertified copies of the final zoning resolution. Upon receipt of the transmittal of two copies of the resolution from Mr. Czebrinski, the office of the Clerk of the Board stamps both with the name of the deputy clerk, who for the past eleven years has been Raymond Reid. The letters on one stamp (the large stamp) are larger than the letters on the other, smaller stamp. The copies stamped with the large stamp are also stamped with the county seal. This copy is retained by the Clerk and is never certified. The other copy, stamped with a small stamp, is not stamped with the county seal. This copy is sent to Mr. Czebrinski with a separate certification by the Clerk on a separate page attached to the back of the resolution. Upon request, the Clerk's office will provide a copy of the zoning resolution retained by it. Such a copy is never certified, even for a state agency, unless a specific request for certification is made. An individual requesting certification is required to pay the Clerk a fee of one dollar. Section 2-1, Rule 1.05, Dade County Code, is interpreted and applied by Dade County not to require certification of the resolution physically retained by the Clerk and not to require certification of any copies of that resolution unless a specific request for certification is made. If Mr. Czebrinski receives a request for a copy of a zoning resolution, he provides one of the additional unstamped copies made prior to transmittal of the Clerk. If a certified copy of the resolution is requested, Mr. Czebrinski would make a copy of the resolution with the certification and then place a further certificate on it indicating that it was a copy on file with his office. The above procedures are for normal zoning actions of the Board of County Commissioners and differ from untypical procedures utilized for Zoning Appeals Board (ZAB) resolutions (which are certified by the Building and Zoning Director) and for resolutions pertaining to county airport matters, which are prepared by the County Attorney's office. Where a resolution encompasses an order of the Board of County Commissioners for a Development of Regional Impact, Mr. Czebrinski prepares a resolution in the manner described above and distributes it to all of the previously mentioned parties, and in addition to the Florida Department of Community Affairs and to the South Florida Regional Planning Council. Mr. Czebrinski has had responsibility for transmitting copies to the State Land Planning Agency pursuant to Chapter 380, Florida Statutes, since the adoption of the state law. The resolutions transmitted have been blank, uncertified copies. Each copy is accompanied by a transmittal letter which is signed by Mr. Czebrinski. Although in a few instances the files of the Department of Community Affairs contain items where the typical County Commission zoning procedure was not applicable, this was because either the special procedure of the ZAB or airport zoning applied, because the Department has specifically requested a certified copy in an isolated case, or because the Department had received a transmittal from a non-county source. On September 12, 1983, the Department of Community Affairs filed a Notice of Appeal with the Florida Land and Water Adjudicatory Commission objecting to various portions of the Development Order.
Findings Of Fact Pursuant to the parties' joint stipulation entered herein, the following relevant facts are found. On or about December 22, 1977, the Florida East Coast Railway Company filed an application to close the railroad crossing located at 125th Avenue, Goulds (Metro Dade County) Mile Post 386 + 3300'. In the area of the proposed crossing, the railway has scheduled triweekly service including the transportation of hazardous materials and work trains which also includes extra trains as the situation dictates. 128th Avenue, in the area of the subject crossing, extends from U.S. 1 north to Southwest 232nd Street, a distance of approximately 650 feet. This is an angular crossing of railroad which tends to reduce driver visibility. Traffic counts on this roadway indicate less than 700 cars a day use the road, with the heaviest usage occurring from 5:00 p.m. to 6:00 p.m. and 60 vehicles per minute pass over the crossing. The crossing at Southeast 232nd Street provides a right angle crossing about the same distance from the joint intersection of 128th Avenue and 232nd Street. Based on the development of 128th Avenue and a relatively short alternative route, the parties (the Railway and the County) viewed the level of safety as being increased if this crossing wore closed.
Recommendation Based upon the foregoing findings of fact and conclusions of law, it is hereby, RECOMMENDED: That the application to close the at-grade railroad crossing at 128th Avenue, Goulds, Florida (Milepost 386 + 3300') be GRANTED. RECOMMENDED this 5th day of June, 1979, in Tallahassee, Florida. JAMES E. BRADWELL Hearing Officer Division of Administrative Hearings Room 101, Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 5th day of June, 1979.
