07-003545RU A. Duda And Sons, Inc. vs. St. John`s River Water Management District
 Status: Closed
DOAH Final Order on Friday, April 25, 2008.


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Summary: Petitioner did not prove SJRWMD`s interpretation of Section 373.406 (2), Florida Statutes, not to exempt works that divert surface water was invalid, or were statements not properly adopted as rules.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8A. DUDA AND SONS, INC., )

14)

15Petitioner, )

17)

18vs. ) Case No. 07-3545RU

23)

24ST. JOHN'S RIVER WATER )

29MANAGEMENT DISTRICT, )

32)

33Respondent. )

35)

36FINAL ORDER

38On January 7-11 and 16-17, 2008, a formal administrative

47hearing was held in this case in Altamonte Springs and

57Tallahassee, Florida, before J. Lawrence Johnston, Administrative

64Law Judge, Division of Administrative Hearings.

70APPEARANCES

71For Petitioner: Kenneth G. Oertel, Esquire

77M. Christopher Bryant, Esquire

81Oertel, Fernandez, Cole &

85Bryant, P.A.

87301 South Bronough Street, Fifth Floor

93Post Office Box 1110

97Tallahassee, Florida 32302-1110

100For Respondent: Timothy A. Smith, Esquire

106William H. Congdon, Esquire

110St. Johns River Water

114Management District

1164049 Reid Street

119Palatka, Florida 32178-2529

122STATEMENT OF THE ISSUES

126The issues in this case are set out in the Petition to

138Determine Invalidity of Agency Rules and Agency Statement filed

147by A. Duda and Sons, Inc. (Duda): Count I, whether the St. Johns

160River Water Management District (SJRWMD) has an invalid and

169unadopted strategy to use various means to negate the

178agricultural exemption set out in Section 373.406(2), Florida

186Statutes; Count II, whether Section 3.4.1(b) of SJRWMD's

194Applicant's Handbook: Management and Storage of Surface Waters

202(the Handbook), which is incorporated by reference in Florida

211Administrative Code Rule 40C-4.091, is invalid essentially

218because it conflicts with the agricultural exemption set out in

228Section 373.406(2), Florida Statutes, and is vague; Count III,

237whether Rule 40C-4.041 is invalid essentially because it

245conflicts with the agricultural exemption set out in Section

254373.406(2), Florida Statutes, and is vague; Count IV, whether

263certain documents--namely, all or part of The Manual of Reference

273Management Practices for Agricultural Activity (November 1978)

280(the Manual), excerpts from the Journals of the Florida House of

291Representatives and Senate (1984), and parts of the Model Water

301Code Commentary (Univ. of Florida 1972)(the Code Commentary), all

310of which are referred to in Section 3.4.1 of the Handbook but not

323filed with the Secretary of State--are invalid because they were

333not properly incorporated by reference under Rule 1S-1.005(2),

341because they conflict with the agricultural exemption set out in

351Section 373.406(2), Florida Statutes, and because they are vague;

360and Count V, whether Rule 40C-44.041 is invalid because it

370conflicts with the agricultural exemption set out in Section

379373.406(2), Florida Statutes, and is vague.

385PRELIMINARY STATEMENT

387After Duda's rule challenge was filed, SJRWMD filed an

396enforcement action against Duda for filling wetlands and digging

405ditches without a permit. Duda petitioned for a hearing,

414defending itself in part based on the agricultural exemption set

424out in Section 373.406(2), Florida Statutes. Duda's enforcement

432petition was referred to DOAH, given DOAH Case No. 07-4526, and

443consolidated for final hearing along with the rule challenge

452petition.

453The consolidated cases were scheduled for final hearing on

462January 7-11 and 15-18, 2008, in Altamonte Springs. The parties

472filed a Joint Prehearing Stipulation on January 4, 2008.

481At the final hearing, SJRWMD called: several employees,

489Jennifer Cope, Marc Van Heden, Karen Garrett-Krause, Peter Brown,

498and Jeff Elledge; a consultant with expertise interpreting aerial

507photographs, Peter Gottfried; and Steve Johnson, president of The

516Viera Company and a Duda vice-president. SJRWMD Exhibits 1, 6,

5267, 9, 10, 13, 15, 17-19, 24, 26, 27, 29, 31 (pages 1406-07), 34,

540(pages 1519-20), 36, 37 (pages 1577-78), 46-48, 63, 76, 80

550(except for the length of the ditches, which was hearsay), 100,

561102, 107-110, 115, 117, 120, 121, 123, 128-137, 138 (pages 4987

572and 4989), 139-141, 153 (and summary book), 154, 156, 158, 159,

583163-168, 170 (except for the polygons and ditches drawn on it,

594which was hearsay), 171, 172, 174, 176, 177, 179, 185, and 193a-g

606were admitted in evidence. SJRWMD Exhibits 157, 160, 161, 162,

616and 190 were officially recognized. Ruling was reserved on

625objections to SJRWMD Exhibits 51, 54-56, 80, 118, 124-126, and

635170. Except for the hearsay objections to SJRWMD Exhibits 80 and

646170, which are sustained, those objections are overruled at this

656time, and the exhibits are admitted in evidence.

664At the final hearing, Duda called: its vice-president,

672Larry Beasley; retired Duda ranch manager, David Willis;

680professional engineer, Hassan Kamal; soil scientist, Lewis

687Carter; farmer and rancher, James Sartori; former Duda

695professional engineer, Mike Howeller; Duda professional and

702agricultural engineer, Pete Coultas; ecologist, William Lites;

709and attorney, Terry Cole. Duda also introduced the transcripts

718of depositions of District employees Vince Singleton (Duda Ex.

72713A), Janice Unger (Duda Ex. 13B), and Victor McDaniel (Duda Ex.

73813C). Duda Exhibits 1, 1A, 2-4, 13A-C, 15, 18-22, 24, 25, 28,

75029, 31, 33-36, 38, 45, 52, 62 (page 2 of 4), 66-68, 71, 73, 77,

765and 78 were admitted in evidence. Ruling was reserved on

775objections to Exhibit 1 to Duda Exhibit 13C and to Duda Exhibits

78746, 54-57, 59, and 91. At this time, those objections are

798overruled, and the exhibits are admitted in evidence.

806As agreed at the end of the hearing, the consolidated cases

817have been severed for entry of a separate Final Order in this

829case, using the evidentiary record made in the consolidated final

839hearing. The parties ordered a Transcript, which was filed (in

849ten volumes) on January 29, 2008. The parties requested and were

860given until March 10, 2008, to file proposed final orders (PFOs),

871which have been considered in the preparation of this Final

881Order.

882FINDINGS OF FACT

8851. Duda clearly has standing since it is challenging the

895validity of SJRWMD rules and alleged rules that pertain to an

906enforcement action SJRWMD is bringing against Duda.

9132. As reflected in the Statement of the Issues, Section

923373.406(2), Florida Statutes, is at the heart of most of the

934issues in this case. It states:

940Nothing herein, or in any rule, regulation,

947or order adopted pursuant hereto, shall be

954construed to affect the right of any person

962engaged in the occupation of agriculture,

968silviculture, floriculture, or horticulture

972to alter the topography of any tract of land

981for purposes consistent with the practice of

988such occupation. However, such alteration may

994not be for the sole or predominant purpose of

1003impounding or obstructing surface waters.

10083. Section 3.4.1(b) of SJRWMD's Handbook states, in

1016pertinent part, how SJRWMD interprets the exemption set out in

1026Section 373.406(2), Florida Statutes:

1030In determining whether an exemption is

1036available to a person engaged in the

1043occupation of agriculture, silviculture,

1047floriculture or horticulture, the following

1052questions much be addressed:

10561. Is the proposed topographic

1061alteration consistent with the practice of

1067agriculture, silviculture, floriculture, or

1071horticulture?

10722. Is the proposed topographic

1077alteration for the sole or predominant

1083purpose of impounding or obstructing surface

1089waters?

1090If the first question is answered

1096affirmatively and the second is answered

1102negatively, an exemption under subsection

1107373.406(2), F.S., is available. The

1112exemption is construed as set forth in the

1120Conference Committee Report on CS/CS/HB 1187,

1126Journal of the House of Representatives, May

113329, 1984, page 734 and Journal of the Senate,

1142May 28, 1984, page 475.

1147The District presumes that the following

1153activities are consistent with the practice

1159of silviculture when they are undertaken to

1166place property into silvicultural use or to

1173perpetuate the maintenance of property in

1179silvicultural use. The following activities

1184are also presumed not to be for the sole or

1194predominant purpose of impounding or

1199obstructing surface waters:

12021. normal site preparation for planting

1208of the tree crop;

12122. planting; and

12153. harvesting.

1217If any activity is undertaken to place the

1225property into a use other than silviculture

1232(for example: harvesting which is designed to

1239clear property in preparation for commercial,

1245industrial or residential development rather

1250than regeneration) the activity is not

1256considered to be consistent with the practice

1263of silviculture and will be subject to the

1271permitting jurisdiction of the District.

1276Examples of activities which are considered

1282to be for the sole or predominant purpose of

1291impounding or obstructing surface waters

1296because they have the effect of more than

1304incidentally trapping, obstructing or

1308diverting surface water are activities which

1314create canals, ditches, culverts,

1318impoundments or fill roads.

1322In determining consistency with the practice

1328of agriculture occupations, the District will

1334refer to the following publication: "A Manual

1341of Reference Management Practices for

1346Agricultural Activities (November, 1978)[.]"

1350The following practices described in the

1356manual are considered as having impoundment

1362or obstruction of surface waters as a primary

1370purpose:

13711. Diversion, when such practice would

1377cause diverted water to flow directly onto

1384the property of another landowner

13892. Floodwater Retarding Structure

13933. Irrigation Pit or Regulating

1398Reservoir

13994. Pond

14015. Structure for Water Control

14066. Regulating Water in Drainage Systems

14127. Pumping Plant for Water Control,

1418when used for controlling water levels on

1425land

1426Other practices which are described in the

1433manual and which are constructed and operated

1440in compliance with Soil Conservation Service

1446standards and approved by the local Soil and

1454Water Conservation District are presumed to

1460be consistent with agricultural activities.

1465Practices which are not described in the

1472manual are presumed to be inconsistent with

1479the practice of agriculture and a permit is

1487required for the construction, alteration,

1492operation, maintenance, removal, or

1496abandonment of a system, subject to the

1503thresholds. See Appendix H for a complete

1510listing of agricultural practices described

1515in the manual. A copy of the manual may be

1525obtained by contacting the District

1530headquarters.

15314. Appendix H to the Handbook sets out brief descriptions

1541of listed soil conservation practices for agriculture and states

1550that those practices are described in detail in the Soil

1560Conservation Service's Field Office Technical Guides; it also

1568sets out several other recognized Best Management Practices

1576(BMPs) for agriculture. Appendix H of the Handbook is a verbatim

1587reproduction of the part of the Manual from which it is taken.

1599While Section 3.4.1(b) of the Handbook advises that a copy of the

1611entire Manual may be obtained from SJRWMD, it only incorporates

1621the parts set out verbatim in it and Appendix H.

16315. The conference committee reports referred to in Section

16403.4.1(b) of the Handbook recommended enactment of the Warren S.

1650Henderson Wetlands Protection Act of 1984 (the Henderson Act),

1659were voted on, and were approved by the House of Representatives

1670and the Senate. Both reports stated in pertinent part:

1679The language contained in s. 403.913,

1685relating to agricultural activities, shall be

1691construed in conjunction with s. 373.406(2)

1697to exempt from permitting only those

1703activities defined as "agricultural

1707activities" pursuant to this act in

1713accordance with the Commentary to s. 4.02.(2)

1720of the Model Water Code.

1725Section 403.913[now 403.927](4)(a), Florida Statutes, stated:

"1731Agricultural activities" includes all

1735necessary farming and forestry operations

1740which are normal and customary for the area,

1748such as site preparation, clearing, fencing,

1754contouring to prevent soil erosion, soil

1760preparation, plowing, planting, harvesting,

1764construction of access roads, and placement

1770of bridges and culverts, provided such

1776operations do not impede or divert the flow

1784of surface waters.

17876. The Commentary to Section 4.02.(2) states in pertinent

1796part:

1797The intent of this subsection is to allow

1805persons engaged in agricultural,

1809floricultural, and horticultural operations

1813to engage in ordinary farming and gardening

1820without obtaining a construction permit under

1826§4.04. Theoretically, such operations may

1831incidentally trap or divert some surface

1837water. For example, by plowing a pasture a

1845farmer is trapping and diverting surface

1851water that would have constituted part of the

1859runoff and eventually would have become part

1866of the surface water of the state. Without

1874this exemption the farmer would have

1880theoretically been required to obtain a

1886permit under §4.04. In addition, it would

1893appear that all changes of topography which

1900would alter natural runoff, such as contour

1907plowing, would also require a construction

1913permit under §4.04. The quantity of the

1920water being diverted and trapped is so small

1928that it would serve no practical purpose to

1936require a permit for such work. In addition,

1944the administrative burden of regulating such

1950operations would be enormous.

19547. Rule 40C-4.041 provides in pertinent part:

1961(1) Unless expressly exempt, an individual

1967or general environmental resource permit must

1973be obtained from the District under Chapter

198040C-4, 40C-40, 40C-42, 40C-44 or 40C-400,

1986F.A.C., prior to the construction,

1991alteration, operation, maintenance,

1994abandonment or removal of any stormwater

2000management system, dam, impoundment,

2004reservoir, appurtenant work or works,

2009including dredging or filling, and for the

2016maintenance and operation of existing

2021agricultural surface water management systems

2026or the construction of new agricultural

2032surface water management systems.

20368. Rule 40C-44.041 provides in pertinent part:

2043(1) Unless expressly exempt by Section

2049373.406, F.S., or Rule 40C-4.051 or 40C-

205644.051, F.A.C., a permit is required under

2063this chapter for the maintenance and

2069operation of existing agricultural surface

2074water management systems which serve an

2080agricultural operation as described in

2085paragraph (a) or (b) below.

20909. Other than the argument that certain agency statements

2099are unadopted statements defined as rules, Duda's primary

2107argument is that Section 373.406(2), Florida Statutes, is

2115unambiguous and that SJRWMD's interpretation of it, as reflected

2124in its rules and statements, is contrary to the plain meaning of

2136the unambiguous statutory language. Specifically, Duda focuses

2143on SJRWMD's interpretation of the language "for purposes

2151consistent with the practice of such occupation" and "not for the

2162sole or predominant purpose of . . . obstructing surface waters."

2173But it is concluded that SJRWMD's interpretation of the statutory

2183language is as or more reasonable than Duda's.

219110. Section 3.4.1(b) of SJRWMD's Handbook describes seven

2199activities that are not "consistent with the practice of [the

2209listed occupations]," including just one that may be disputed by

2219Duda--namely: "Diversion, when such practice would cause diverted

2227water to flow directly onto the property of another landowner."

2237Since Duda's activities that are subject to SJRWMD's enforcement

2246actions do not "cause diverted water to flow directly onto the

2257property of another landowner," Duda's challenge did not focus on

2267that part of Section 3.4.1(b) of the Handbook but rather on

2278diversions of water that do not "cause diverted water to flow

2289directly onto the property of another landowner." But to the

2299extent that Duda was attacking this part of SJRWMD's

2308interpretation, the evidence presented by Duda did not prove that

2318diversion of water to flow directly on the property of another

2329landowner is consistent with the practice of the listed

2338occupations.

233911. The Handbook also describes, through Appendix H,

2347activities "presumed to be consistent with agricultural

2354activities." Duda has no dispute with activities described in

2363Appendix but disputes the Handbook's statement that all other

2372activities are "presumed to be inconsistent with the practice of

2382agriculture." But the presumption is rebuttable, and the impact

2391of the statements in the Handbook is to simply require proof of

2403entitlement to the agricultural exemption for activities not

2411listed in Appendix H in proceedings under Sections 120.569 and

2421120.57, Florida Statutes.

242412. Duda also argues that, by its plain meaning, the word

"2435purpose" as used in Section 373.406(2), Florida Statutes, means

2444the actor's subjective intent, not the action's objective effect

2453--in this case, namely, the more-than-incidental trapping or

2461diversion of water to create canals, ditches, culverts, or fill

2471roads. To the contrary, one of the several accepted meanings of

2482the word "purpose" is: " 1a : . . . an object or end to be

2497attained : INTENTION b : RESOLUTION, DETERMINATION 2 : a subject

2508under discussion or an action in course of execution." See

2518Merriam Webster's Collegiate Dictionary 1011 (11th ed. 2005).

2526That dictionary also identifies intention as a synonym of the

2536first sense given for purpose and lists design and end among the

2548additional synonyms in the synonymy paragraph after the entry for

2558intention . See id. at 651. For a list of synonyms of the second

2572main meaning of purpose listed in the dictionary ("an action in

2584the course of execution"), one may turn to the second entry for

2597purpose in the companion thesaurus likewise published by Merriam-

2606Webster. That entry lists use in its fourth sense ("a particular

2618service or end") and function as additional synonyms of purpose .

2630See Merriam Webster's Collegiate Thesaurus 591 (1988). Likewise,

2638the dictionary lists purpose as a synonym of function in its

2649sense as "the action for which a person or thing is specially

2661fitted or used or for which a thing exists." See Merriam

2672Webster's Collegiate Dictionary 507 ("function implies a definite

2681end or purpose that the one in question serves or a particular

2693kind of work it is intended to perform"). Broadly, these

2704potential meanings of purpose describe an action, operation, or

2713effect (or a function, use, or result) of a thing done, which can

2726be observed objectively.

272913. Duda also argues that, by its plain meaning, the word

"2740obstructing surface waters" as used in Section 373.406(2),

2748Florida Statutes, cannot mean just more-than-incidentally

2754trapping or diverting surface waters to create canals, ditches,

2763and culverts because those works speed or increase water flow

2773rather than obstruct it. To the contrary, Merriam-Webster

2781defines obstruct as " 1 : to block or close up by an obstacle 2 : to

2797hinder from passage, action, or operation : IMPEDE 3 : to cut off

2810from sight." Treating impede as a synonym for hinder and obstruct

2821and listing further synonyms at hinder . See Merriam Webster's

2831Collegiate Dictionary 857. The synonymy paragraph at hinder

2839states that the core meaning shared by obstruct and its synonyms

2850is "to interfere with the activity or progress [of something]."

2860Id. at 588 (emphasis added); accord , The American Heritage

2869Dictionary 960 (defiing obstruct as " 1. To block or fill a

2880passage with obstacles or an obstacle. . . . 2. To impede,

2892retard, or interfere with; hinder"). One of these possible

2902meanings of obstruct describes interfering with or hindering

2910something, including its passage, action, or operation.

291714. In interpreting the word "purpose" in Section

2925373.406(2), Florida Statutes, it is reasonable for SJRWMD to

2934choose the alternative meaning of an action, operation, or effect

2944(or a function, use, or result) of a thing done, which can be

2957observed objectively. To choose the other alternative meaning of

2966the word would place the regulator at the mercy of the subjective

2978intent of the person regulated and could lead to absurd results.

298915. Also, in interpreting the word "obstructing" in Section

2998373.406(2), Florida Statutes, it is reasonable for SJRWMD to

3007choose the alternative meaning of interfering with or hindering

3016something, including its passage, action, or operation. First,

3024if the word meant only blocking, obstructing would mean the same

3035thing as impounding and would be redundant. Second, if SJRWMD

3045chose "blocking" as the meaning the latter meaning of the word

"3056obstructing," it would countenance draining wetlands to use the

3065drained land for agricultural purposes. Such a result would be

3075in direct conflict with the intent of Chapter 373 to manage and

3087protect water resources. See Conclusion of Law 23, infra .

309716. The extrinsic evidence of legislative intent supports

3105SJRWMD's interpretation of Section 373.406(2), Florida Statutes.

3112For that reason, SJRWMD's interpretation of the statute--as

3120reflected in the Handbook--does not conflict with, exceed,

3128modify, or contravene the statute; does not exceed statutory

3137authority; is not standard-less or vague (so as to give SJRWMD

3148unbridled discretion); is not arbitrary or capricious; and is not

3158unsupported by competent, substantial evidence.

316317. It also was not proven that SJRWMD has an invalid and

3175unadopted strategy to use various means to negate the

3184agricultural exemption set out in Section 373.406(2), Florida

3192Statutes. To the contrary, the evidence proved that SJRWMD

3201interprets the statute validly and in accordance with the

3210extrinsic evidence of the legislative intent.

321618. Finally, in the nearly 25 years that SJRWMD has

3226interpreted Section 373.406(2), Florida Statutes, essentially as

3233reflected in the Handbook, the Joint Administrative Procedure

3241Committee (JAPC) has never objected to SJRWMD's interpretation as

3250being invalid.

3252CONCLUSIONS OF LAW

325519. Under Section 120.56, Florida Statutes, Duda has burden

3264in this proceeding of proving the invalidity of adopted rules and

3275the existence of agency statements defined as rules.

328320. As to Count I, as found, Duda did not prove that SJRWMD

3296has an invalid and unadopted strategy to use various means to

3307negate the agricultural exemption set out in Section 373.406(2),

3316Florida Statutes. To the contrary, the evidence proved that

3325SJRWMD intended to and did interpret the statute validly and in

3336accordance with the extrinsic evidence of the legislative intent.

334521. As to Count II, as explained by the court in Southwest

3357Fla. Water Mgmt. Dist. v. Charlotte County , 774 So. 2d 903, 915-

336916 (Fla. 2d DCA 2001), there are variations on the general rule

3381regarding words being given their plain meaning:

3388The supreme court has stated that

"3394consideration must be accorded not only to

3401the literal and usual meaning of the words,

3409but also to their meaning and effect on the

3418objectives and purposes of the statute's

3424enactment." Florida Birth-Related

3427Neurological Injury Compensation Ass'n v.

3432Division of Administrative Hearings , 686

3437So.2d 1349, 1354 (Fla. 1997). The supreme

3444court has also held that words in a statute

"3453must be construed according to their plain

3460and ordinary meaning, or according to the

3467meaning assigned to the terms by the class of

3476persons within the purview of the statute."

3483Florida East Coast Industries v. Department

3489of Community Affairs , 677 So.2d 357, 362

3496(Fla. 1st DCA 1996), Sneed v. State , 736

3504So.2d 1274, 1276 (Fla. 4th DCA 1999)(quoting

3511Green v. Bock Laundry Mach. Co., 490 U.S. 504

3520U.S. 504, 527, 104 L. Ed. 2d 557, 109 S. Ct.

35311981 (1989)), held that "the meaning of terms

3539on the statute books ought to be determined .

3548. . on the basis of which meaning is (1) most

3559in accord with context and ordinary usage

3566. . . and (2) most compatible with the

3575surrounding body of law into which the

3582provision must be integrated." (Other

3587citations omitted.

358922. Context guides selection of the meaning most reflective

3598of the legislative intent when more than one meaning is possible.

3609See , e.g. , Vermilya-Brown Co. v. Connell , 335 U.S. 377, 386, 93

3620L.Ed. 76, 85 (1948)("[w]ords generally have different shades of

3630meaning, and are to be construed if reasonably possible to

3640effectuate the intent of the lawmakers: and this meaning in

3650particular instances is to be arrived at not only by a

3661consideration of the words themselves but by considering, s well,

3671the context, the purpose of the law, and the circumstances under

3682which the words were employed"); cf. Myers v. Hawkins , 362 So. 2d

3695926, 930 (Fla. 1978)(to determine plain meaning, court begins

3704with dictionary definitions but ultimately chooses meaning for

3712each "term in light of the primary purpose for which it has been

3725adopted").

372723. The context of the Legislature's use of the words

"3737purpose" and "obstruct" is a regulatory framework for

3745controlling waters, so as to realize their full beneficial use.

3755See § 373.016(1), Fla. Stat. (1973)(unchanged in the current

3764statute). The overall purpose of the regulatory framework is to

3774provide such conservation and control, through managing,

3781conserving, protecting, and properly using water resources--and

3788more specifically through developing and regulating "dams,

3795impoundments, reservoirs, and other works," providing storage of

3803water for beneficial purposes, "preventing damage from floods

3811. . . and excessive drainage," preserving natural resources, and

3821otherwise promoting the health, safety, and general welfare. See

3830Act echoed and elaborated on this declaration of purposes,

3839especially the protection of water resources, in requiring the

3848establishment of a minimum flow for each watercourse and a

3858minimum level for each surface water body and each aquifer,

3868authorizing restrictions to protect the water resources during

3876times of water shortage, and authorizing permit requirements and

3885enforcement necessary to protect water resources from harm. See

3894id. §§ 373.042, 373.129(3), 373.175, 373.219(1), 373.246; see

3902also Village of Tequesta v. Jupiter Inlet Corp. , 371 So. 2d 663,

3914670-71 (Fla. 1979)(chapter 373 gave DER and the districts "the

3924responsibility to accomplish the [statute's purposes of]

3931conservation, protection, management, control of the waters [in]

3939the state"). As a statute enacted to protect the public health,

3951safety and welfare from further harm to water resources, Chapter

3961373 must "be liberally construed in order to effectively carry

3971out its purposes," as the Legislature expressly stated in Section

3981373.616, Florida Statutes. Conversely, exemptions should be

3988narrowly construed. See Samara Dev. Corp. v. Marlow , 556 So. 2d

39991097 (Fla. 1990)(exemption is narrowly construed to prevent

4007defeating the purpose of statute); Pal-Mar Water Management

4015Distrcit v. Board of County Commissioners , 384 So. 2d 232, 233-34

4026(Fla. 4th DCA 1980)(same, for Chapter 373).

403324. Finally, it has been held that the interpretations

4042reflected in the Water Code Commentary will be accepted absent a

4053clear indication that the Legislature intended otherwise. See

4061Southwest Fla. Water Mgmt. Dist. v. Charlotte County , supra , at

4071912.

407225. As found, Duda did not prove that SJRWMD's

4081interpretation of Section 373.406(2), Florida Statutes--as

4087reflected in the Handbook--conflicts with, exceeds, modifies,

4094contravenes the statute; exceeds statutory authority; is

4101standard-less or vague (so as to give SJRWMD unbridled

4110discretion); is arbitrary or capricious; or is unsupported by

4119competent, substantial evidence. To the contrary, SJRWMD's

4126interpretation is consistent with the legislative intent, as

4134reflected in the legislative journals, and with the Commentary to

4144the Model Water Code.

414826. In addition, SJRWMD's interpretation of Section

4155373.406(2), Florida Statutes, has been in effect for nearly 25

4165years. During that time, JAPC has not objected to it as lacking,

4177exceeding, modifying, or conflicting with statutory authority.

4184Courts generally defer and give great weight to agency

4193constructions of statutes they administer. See , e.g. , Florida

4201Wildlife Federation v. Collier County , 819 So. 2d 200,

4210203 (Fla. 1st DCA 2002); Ameristeel Corp. v. Clark , 691 So. 473,

4222477 (Fla. 1997).

422527. In addition, interpreting Subsection (2) of Section

4233373.406, Florida Statutes, as Duda suggests would make

4241superfluous the exemption provided in Subsection (3) of that

4250statute for "the construction, operation, or maintenance of any

4259agricultural closed system" used to maintain the water levels

4268within the system. If the Legislature intended for Subsection

4277(2) to exempt drainage of surface waters onto or from a farmer's

4289property, there would be no need for the "closed system"

4299exemption in Subsection (3). But statutes on the same subject

4309must be read in pari materia and harmonized so that effect is

4321given to both. See Clines v. State , 912 So. 2d 550, 557 (Fla.

43342005).

433528. As to Counts III and V, Rules 40C-4.041 and 40C-44.041

4346state that applicable permits must be obtained unless an activity

4356is exempt. They do not purport to interpret any exemptions. For

4367that reason, Duda's actual complaint about those rules would

4376pertain to their application, which is an issue for determination

4386in proceedings under Sections 120.569 and 120.57, Florida

4394Statutes (such as DOAH Case No. 07-4526), not in a rule

4405challenge.

440629. As to Count IV, the substantive arguments for

4415invalidity have been addressed and rejected in the Conclusion of

4425Law as to Count II, supra . That leaves Duda's procedural

4436argument that the references to the Manual, the House and Senate

4447Journals, and the Water Code Commentary are unadopted statements

4456defined as rules because copies of the referenced materials were

4466not filed with the Secretary of State under Rule 1S-1.005(2).

447630. As found, the Manual references actually were

4484reproduced verbatim either in Section 3.4.1(b) (the listed

4492practices "considered as having impoundment or obstruction of

4500surface waters as a primary purpose") or in Appendix H of the

4513Handbook, making it unnecessary to file a copy of the Manual with

4525the Secretary of State. That information as to the more detailed

4536descriptions in the Soil Conservation Service's Field Office

4544Technical Guides was provided in Appendix H did not make the more

4556detailed descriptions part of the rule, so as to require the

4567filing of copies of those Guides with the Secretary of State, any

4579more than the information that a copy of the entire Manual could

4591be obtained from SJRWMD made the entire Manual part of the rule,

4603so as to require its filing with the Secretary of State.

461431. Not every agency statement is a rule. To be a rule, an

4627agency statement not only must be of general applicability, it

4637must one that "implements, interprets, or prescribes law or

4646policy or describes the procedure or practice requirements of an

4656agency . . . ." § 120.52(15), Fla. Stat. (2007). An agency

4668statement is a rule if it "purports in and of itself to create

4681certain rights and adversely affect others" or serves "by its own

4692effect to create rights, or to require compliance, or otherwise

4702to have the direct and consistent effect of law." See Jenkins v.

4714State , 855 So. 2d 1219, 1225 (Fla. 1st DCA 2003); Balsam v.

4726Department of Health and Rehabilitative Services , 452 So. 2d 976,

4736977-78 (Fla. 1st DCA 1984); State Department. of Administration,

4745Division of Personnel v. Harvey , 356 So. 2d 323, 325 (Fla. 1st

4757DCA 1977). See , e.g. , SJRWMD v. Modern, Inc. , 784 So. 2d 464

4769(Fla. 1st DCA 2001)(invalid memorandum expressly stated a policy,

4778defined a term in the statutory exemption for "routine custodial

4788maintenance" according to expressly labeled "basic criteria," and

4796spelled out an expressly required procedure); Dept. of

4804Transportation v. Blackhawk Quarry Co. , 528 So. 2d 447, 450 (Fla.

48155th DCA 1988)(invalid standing operating procedure stated

4822specific criteria and requirements for acceptable cemented

4829coquina shell and for placement on DOT's list of approved supply

4840sources, thereby determining entitlement to participate in state

4848projects, and thus "in and of itself create[d] certain rights and

4859adversely affected[ed] others" and had a direct effect on

4868suppliers); Florida State University v. Dann , 400 So. 2d 1304,

48781305 (Fla. 1981)(invalid documents set out the university's merit

4887salary procedures and were "virtually self-executing); and Dept.

4895of Administration v. Stevens , 344 So. 2d 290 (Fla. 1st DCA

49061977)(invalid employee "bumping" guidelines were likewise

"4912virtually self-executing").

491532. The legislative journals referred to in Section

49233.4.1(b) of the Handbook are not agency statements; rather, they

4933are legislative statements. A rule stating that SJRWMD will

4942follow the legislative intent is not required to incorporate the

4952statement of legislative intent by reference in accordance with

4961Rule 1S-1.005(2).

496333. The Water Code Commentary is part of the statement of

4974legislative intent. As such, it no more has to be incorporated

4985by reference in accordance with Rule 1S-1.005(2) than the

4994legislative journals have to.

499834. Finally, agency statements that they will follow the

5007legislative intent as expressed in the legislative journals do

5016not prescribe law or policy or describe agency procedure or

5026practice requirements. They do not determine or elaborate on the

5036legislative intent beyond referencing the Legislature's own

5043expressions of its intent.

5047DISPOSITION

5048Based on the foregoing Findings of Fact and Conclusions of

5058Law, Duda's Petition to Determine Invalidity of Agency Rules and

5068Agency Statement is denied.

5072DONE AND ORDERED this 25th day of April, 2008, in

5082Tallahassee, Leon County, Florida.

5086S

5087J. LAWRENCE JOHNSTON

5090Administrative Law Judge

5093Division of Administrative Hearings

5097The DeSoto Building

51001230 Apalachee Parkway

5103Tallahassee, Florida 32399-3060

5106(850) 488-9675 SUNCOM 278-9675

5110Fax Filing (850) 921-6847

5114www.doah.state.fl.us

5115Filed with the Clerk of the

5121Division of Administrative Hearings

5125this 25th day of April, 2008.

5131COPIES FURNISHED:

5133Kenneth G. Oertel, Esquire

5137M. Christopher Bryant, Esquire

5141Oertel, Fernandez, Cole &

5145Bryant, P.A.

5147301 South Bronough Street, Fifth Floor

5153Post Office Box 1110

5157Tallahassee, Florida 32302-1110

5160Timothy A. Smith, Esquire

5164William H. Congdon, Esquire

5168St. Johns River Water

5172Management District

51744049 Reid Street

5177Palatka, Florida 32178-2529

5180Kirby B. Green, III, Executive Director

5186St. Johns River Water

5190Management District

51924049 Reid Street

5195Palatka, Florida 32178-2529

5198Liz Cloud, Program Administrator

5202Administrative Code

5204Department of State

5207R. A. Gray Building, Suite 101

5213Tallahassee, Florida 32399

5216Scott Boyd, Executive Director

5220and General Counsel

5223Administrative Procedures Committee

5226Holland Building, Room 120

5230Tallahassee, Florida 32399-1300

5233NOTICE OF RIGHT TO JUDICIAL REVIEW

5239A party who is adversely affected by this Final Order is entitled

5251to judicial review pursuant to Section 120.68, Florida Statutes.

5260Review proceedings are governed by the Florida Rules of Appellate

5270Procedure. Such proceedings are commenced by filing the original

5279Notice of Appeal with the agency clerk of the Division of

5290Administrative Hearings and a copy, accompanied by filing fees

5299prescribed by law, with the District Court of Appeal, First

5309District, or with the District Court of Appeal in the Appellate

5320District where the party resides. The notice of appeal must be

5331filed within 30 days of rendition of the order to be reviewed.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 09/09/2009
Proceedings: Final Order on Remand. CASE CLOSED.
PDF:
Date: 08/31/2009
Proceedings: District's Response to Order to Show Cause filed.
PDF:
Date: 08/31/2009
Proceedings: Petitioner's Response to Order to Show Cause filed.
PDF:
Date: 08/21/2009
Proceedings: Order to Show Cause.
PDF:
Date: 08/17/2009
Proceedings: Mandate filed.
PDF:
Date: 08/17/2009
Proceedings: Opinion filed.
PDF:
Date: 08/05/2009
Proceedings: Mandate
PDF:
Date: 07/17/2009
Proceedings: Opinion
PDF:
Date: 11/24/2008
Proceedings: Index, Record, and Certificate of Record sent to the Fifth District Court of Appeal.
PDF:
Date: 07/10/2008
Proceedings: Index (of the Record) sent to the parties of record.
PDF:
Date: 07/10/2008
Proceedings: Invoice for the record on appeal mailed.
PDF:
Date: 06/30/2008
Proceedings: Respondent/Appellee`s Direction to Clerk to Include Additional Portion of the Record filed.
PDF:
Date: 06/20/2008
Proceedings: Petitioner/Appellant`s Direction to Clerk filed.
PDF:
Date: 06/12/2008
Proceedings: Order Declining Referral to Mediation filed.
PDF:
Date: 06/12/2008
Proceedings: A. Duda and Sons, Inc.`s Exceptions to Recommended Order filed.
PDF:
Date: 05/29/2008
Proceedings: Acknowledgement of New Case, DCA No. 5D08-1700 filed.
PDF:
Date: 05/23/2008
Proceedings: Certified copy sent to the Fifth District Court of Appeal this date.
PDF:
Date: 05/22/2008
Proceedings: Notice of Appeal filed.
PDF:
Date: 04/25/2008
Proceedings: DOAH Final Order
PDF:
Date: 04/25/2008
Proceedings: Final Order (hearing held January 7-11 and 16-17, 2008). CASE CLOSED.
PDF:
Date: 04/25/2008
Proceedings: Order Denying Attorney`s Fees.
PDF:
Date: 04/25/2008
Proceedings: A. Duda and sons, Inc.`s Notice of Supplemental Authority filed.
PDF:
Date: 03/28/2008
Proceedings: A. Duda and Sons, Inc.`s Response in Opposition to District`s Notice of Supplemental Authority filed.
PDF:
Date: 03/25/2008
Proceedings: St. Johns` Response to Duda`s Motion for Attorney`s Fees filed.
PDF:
Date: 03/21/2008
Proceedings: Notice of Supplemental Authority filed.
PDF:
Date: 03/14/2008
Proceedings: Petitioner St. Johns River Water Management District`s Proposed Recommended Order filed.
PDF:
Date: 03/13/2008
Proceedings: Respondent A. Duda and Sons, Inc.`s Proposed Recommended Order ina Case No. 07-4526 filed.
PDF:
Date: 03/13/2008
Proceedings: A. Duda & Sons, Inc. Proposed Final Order in case Number 07-3545RU filed.
PDF:
Date: 03/13/2008
Proceedings: Motion by A. Duda & Sons, Inc. for Award of Attorneys` Fees filed.
PDF:
Date: 03/13/2008
Proceedings: Proposed Final Order filed by Respondent.
PDF:
Date: 03/13/2008
Proceedings: Stipulated Motion for Enlargement of Page Limitation for St. Johns River Water Management District`s Proposed Recommended Order and Proposed Final Order filed.
PDF:
Date: 03/06/2008
Proceedings: Order Granting Extension of Time (PROs and PFOs to be filed by March 13, 2008).
PDF:
Date: 03/06/2008
Proceedings: Unopposed Motion to Extend Time for the Filing of PROs and PFOs filed.
PDF:
Date: 02/15/2008
Proceedings: Order Granting Extension of Time (PROs and PFOs to be filed by March 10, 2008).
PDF:
Date: 02/14/2008
Proceedings: Unopposed Motion to Extend Time for The Filing of PROs and PFOs filed.
Date: 01/29/2008
Proceedings: Transcript (volume 10) filed.
Date: 01/25/2008
Proceedings: Transcript (Volumes I through IX) filed.
PDF:
Date: 01/25/2008
Proceedings: Notice of Filing Final Hearing Transcript filed.
Date: 01/17/2008
Proceedings: CASE STATUS: Hearing Held.
Date: 01/16/2008
Proceedings: CASE STATUS: Hearing Partially Held; continued to January 17, 2008; 2:00 p.m.; Tallahassee, FL.
PDF:
Date: 01/16/2008
Proceedings: St. Johns River Water Management District`s Memorandum of Law Regarding Tesimony of Terry Cole filed.
Date: 01/07/2008
Proceedings: CASE STATUS: Hearing Partially Held; continued to January 15, 2008.
PDF:
Date: 01/04/2008
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 01/02/2008
Proceedings: Amended Notice of Hearing (hearing set for January 7 through 11 and 15 through 18, 2008; 1:00 p.m.; Altamonte Springs, FL).
PDF:
Date: 12/28/2007
Proceedings: Letter to Judge Johnston from W. Congdon regarding hearing location filed.
PDF:
Date: 12/21/2007
Proceedings: Joint Request for Status Conference filed.
PDF:
Date: 12/18/2007
Proceedings: A. Duda and Son`s Inc.,`s Amended Notice of Taking Telephonic Deposition Duces Tecum of Peter Brown filed.
PDF:
Date: 12/17/2007
Proceedings: SJRWMD`s Third Amended Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 12/17/2007
Proceedings: SJRWMD`s Notice of Taking Telephonic Deposition filed.
PDF:
Date: 12/17/2007
Proceedings: A Duda and Sons, Inc.`s Notice of Service of Supplemental Response to Second Set of Interrogatories filed.
PDF:
Date: 12/17/2007
Proceedings: A Duda and Sons, Inc.`s Supplemental Response to Request for Production of Documents filed.
PDF:
Date: 12/14/2007
Proceedings: SJRWMD`s Notice of Taking Deposition (of D. Willis) filed.
PDF:
Date: 12/14/2007
Proceedings: SJRWMD`s Notice of Taking Deposition Duces Tecum (of W. Lites) filed.
PDF:
Date: 12/14/2007
Proceedings: SJRWMD`s Second Amended Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 12/12/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Taking Deposition Duces Tecum of Chad Richar filed.
PDF:
Date: 12/12/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Taking Deposition Duces Tecum of Mark Canal filed.
PDF:
Date: 12/12/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Taking Deposition Duces Tecum of Karen Garrett Krause filed.
PDF:
Date: 12/12/2007
Proceedings: A. Duda and Son`s Inc.,`s Notice of Taking Telephonic Deposition Duces Tecum of Peter Brown filed.
PDF:
Date: 12/10/2007
Proceedings: Order on Motions to Compel.
PDF:
Date: 12/10/2007
Proceedings: A Duda and Sons, Inc.`s Notice of Service of Supplemental Answers to Interrogatories on Estoppel and Laches (Served October 4, 2007) filed.
Date: 12/07/2007
Proceedings: CASE STATUS: Motion Hearing Partially Held; continued to date not certain.
PDF:
Date: 12/06/2007
Proceedings: SJRWMD`s Notice of Filing Exhibits Related to December 7, 2007 Hearing on Motions to Compel filed.
PDF:
Date: 12/06/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 12/04/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Witness Disclosure filed.
PDF:
Date: 12/03/2007
Proceedings: SJRWMD`s Witness Disclosure Required by Paragraph 3 of the Order of Pre-hearing Instructions filed.
PDF:
Date: 12/03/2007
Proceedings: A Duda and Sons, Inc.`s Response to Motion to Compel Production of Documents filed.
PDF:
Date: 12/03/2007
Proceedings: A Duda and Sons, Inc.`s Response in Opposition to SJRWMD`s Motion to Compel Answers to "Rule Challenge" Interrogatories filed.
PDF:
Date: 12/03/2007
Proceedings: A Duda and Sons, Inc.`s, Response in Opposition to SJRWMD`s Motion to Compel Answers to Second Set of Interrogatories filed.
PDF:
Date: 11/28/2007
Proceedings: A Duda and Sons, Inc.`s Interim Response to Motions to Compel Served November 21, 2007 filed.
PDF:
Date: 11/27/2007
Proceedings: Petitioner`s Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 11/27/2007
Proceedings: Second Amended Notice of Deposition of Organizational Representatives Duces Tecum (of G. Aglin) filed.
PDF:
Date: 11/27/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Duces Tecum filed.
PDF:
Date: 11/27/2007
Proceedings: Order on Motion to Compel Answers to Interrogatories on Estoppel and Laches.
PDF:
Date: 11/27/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Duces Tecum (of Viera Development) filed.
PDF:
Date: 11/27/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Duces Tecum (of Viera Realty, Inc.) filed.
PDF:
Date: 11/27/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Duces Tecum (of G. Anglin) filed.
PDF:
Date: 11/27/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Duces Tecum (of Viera Company) filed.
PDF:
Date: 11/27/2007
Proceedings: SJRWMD`s Amended Notice of Taking Deposition Duces Tecum (of L. Carter) filed.
PDF:
Date: 11/27/2007
Proceedings: SJRWMD`s Second Amended Notice of Taking Deposition Duces Tecum (of J. Sartori) filed.
PDF:
Date: 11/21/2007
Proceedings: SJRWMD`S Motion to Compel Production of Documents filed.
PDF:
Date: 11/21/2007
Proceedings: SJRWMD`S Motion to Compel Answers to its Second Set of Interrogatories filed.
PDF:
Date: 11/21/2007
Proceedings: SJRWMD`s Motion to Compel Answers to Rule Challenge Interrogatories filed.
PDF:
Date: 11/21/2007
Proceedings: SJRWMD`s Amended Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 11/20/2007
Proceedings: A. Duda and Sons, Inc.`s Response in Opposition to Motion to Compel Responses to Interrogatories filed.
PDF:
Date: 11/20/2007
Proceedings: Notice of Cancellation of Deposition filed.
PDF:
Date: 11/16/2007
Proceedings: Order Granting Leave to Amend.
PDF:
Date: 11/16/2007
Proceedings: Notice of Taking Deposition of Organizational Representatives Duces Tecum (of Viera Realty, Inc.) filed.
PDF:
Date: 11/16/2007
Proceedings: Notice of Taking Deposition of Organizational Representatives Duces Tecum (of Viera Development Corporation) filed.
PDF:
Date: 11/16/2007
Proceedings: Notice of Taking Deposition of Organizational Representatives Duces Tecum (of Viera Company) filed.
PDF:
Date: 11/16/2007
Proceedings: SJRWMD`s Notice of Taking Deposition Duces Tecum (of J. Sartori) filed.
PDF:
Date: 11/16/2007
Proceedings: Notice of Taking Deposition of Organizational Representatives Duces Tecum (of Glatting Jackson Kercher Anglin, Inc.) filed.
PDF:
Date: 11/16/2007
Proceedings: Notice of Taking Deposition of Organizational Representatives Duces Tecum (of A. Duda & Sons, Inc.) filed.
PDF:
Date: 11/16/2007
Proceedings: SJRWMD`s Notice of Taking Deposition Duces Tecum (of W. Michael Dennis, Ph.D.) filed.
PDF:
Date: 11/16/2007
Proceedings: SJRWMD`s Notice of Taking Deposition Duces Tecum (of L. Carter) filed.
PDF:
Date: 11/15/2007
Proceedings: SJRWMD`s Response to Duda`s Motion to Amend Request for Formal Administrative Hearing filed.
PDF:
Date: 11/13/2007
Proceedings: A. Duda and Sons, Inc.`s Response to District`s First Request for Production of Documents filed.
PDF:
Date: 11/13/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Service of Answers and Objections to St. Johns River Water Management District`s Second Set of Interrogatories filed.
PDF:
Date: 11/13/2007
Proceedings: Motion to Amend Request for Formal Administrative Hearing in Response to Administrative Complaint filed.
PDF:
Date: 11/13/2007
Proceedings: SJRWMD`s Motion to Compel Responses to Interrogatories Related to Duda`s Defenses of Estoppel and Laches filed.
PDF:
Date: 11/09/2007
Proceedings: Respondent`s Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 11/09/2007
Proceedings: Respondent`s Notice of Taking Deposition filed.
PDF:
Date: 11/05/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Service of Answers and Objections to District`s Interrogatories Dated October 3, 2007 (Served October 4, 2007) filed.
PDF:
Date: 11/05/2007
Proceedings: Petitioners` Notice of Taking Deposition of a Designated Party Representative filed.
PDF:
Date: 10/31/2007
Proceedings: A. Duda and Sons, Inc.`s Notice of Service of Answers and Objections to St. John`s River Water Management District`s First Set of Interrogatories filed.
PDF:
Date: 10/30/2007
Proceedings: Petitioners` Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/23/2007
Proceedings: Notice of Service of District`s Answers to Duda`s September 25, 2007 Interrogatories filed.
PDF:
Date: 10/17/2007
Proceedings: Order Denying Pending Motions.
Date: 10/15/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/12/2007
Proceedings: Petitioners` Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/12/2007
Proceedings: A Duda and Sons, Inc.`s Response in Opposition to District`s Motion to Expedite Interrogatory Answers filed.
PDF:
Date: 10/11/2007
Proceedings: St. Johns River Water Management District`s First Request for Production filed.
PDF:
Date: 10/11/2007
Proceedings: Petitioner, Johns River Water Management District`s Notice of Service of Second Set of Interrogatories on Respondent, A. Duda & Sons, Inc. filed.
PDF:
Date: 10/11/2007
Proceedings: Amended Notice of Deposition of Organizational Representatives Regarding Affirmative Defenses Laches and Estoppel filed.
PDF:
Date: 10/11/2007
Proceedings: Notice of Service of Supplemental Answer to Duda`s First Interrogatories filed.
PDF:
Date: 10/10/2007
Proceedings: Notice of Deposition of Organizational Representatives.
PDF:
Date: 10/10/2007
Proceedings: SJRWMDs Request for Entry on Land filed.
PDF:
Date: 10/10/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 10/09/2007
Proceedings: Respondent`s Response in Opposition to District`s Motion for More Definite Statement filed.
PDF:
Date: 10/05/2007
Proceedings: Amended Certificate of Service (filed in Case No. 07-004526).
PDF:
Date: 10/04/2007
Proceedings: SJRWMD`s Motion to Expedite Interrogatory Answers Related to Duda`s Affirmative Defenses of Estoppel and Lachel filed.
PDF:
Date: 10/04/2007
Proceedings: Petitioner, Johns River Water Management District`s Notice of Service of First Set of Interrogatories on Respondent, A. Duda & Sons, Inc. filed.
PDF:
Date: 10/03/2007
Proceedings: Petitioners` Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/03/2007
Proceedings: Petitioners` Notice of Taking Deposition Duces Tecum filed.
PDF:
Date: 10/03/2007
Proceedings: Order of Consolidation (DOAH Case Nos. 07-3545RU and 07-4526).
PDF:
Date: 10/02/2007
Proceedings: Respondent, St. Johns River Water Management District`s Notice of Service of First Set of Interrogatories on Petitioner, A. Duda & Sons, INC. filed.
PDF:
Date: 09/28/2007
Proceedings: Joint Report on Resolution Session filed.
PDF:
Date: 09/28/2007
Proceedings: Notice of Appearance (filed by T. Smith and W. Congdon).
PDF:
Date: 09/14/2007
Proceedings: St. Johns River Management District`s Response to DUDA`s First Request for Admissions filed.
PDF:
Date: 09/14/2007
Proceedings: Notice of Service of Answers to Petitioner`s Interrogatories filed.
PDF:
Date: 09/13/2007
Proceedings: Administrative Complaint and Proposed Order filed.
PDF:
Date: 09/13/2007
Proceedings: Notice of Service of Administrative Complaint filed.
PDF:
Date: 08/29/2007
Proceedings: Order Rescheduling Resolution Session Deadline.
PDF:
Date: 08/28/2007
Proceedings: Joint Motion to Reschedule Resolution Session Deadline filed.
PDF:
Date: 08/17/2007
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/17/2007
Proceedings: Notice of Hearing (hearing set for January 7 through 11 and 15 through 18, 2008; 1:00 p.m.; Tallahassee, FL).
PDF:
Date: 08/08/2007
Proceedings: Stipulation for Scheduling Final Hearing filed.
PDF:
Date: 08/03/2007
Proceedings: Order of Assignment.
PDF:
Date: 08/02/2007
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Scott Boyd and the Agency General Counsel.
PDF:
Date: 08/01/2007
Proceedings: Petitioner, A. Duda & Sons, First Request for Admissions to Respondent, St. John`s River Water Management District filed.
PDF:
Date: 08/01/2007
Proceedings: Petitioner, A. Duda & Sons, Inc.`s Notice of Service of First Set of Interrogatories on Respondent, St. Johns`s River Water Management District filed.
PDF:
Date: 08/01/2007
Proceedings: Petition to Determine Invalidity of Agency Rules and Agency Statement filed.

Case Information

Judge:
J. LAWRENCE JOHNSTON
Date Filed:
08/01/2007
Date Assignment:
08/03/2007
Last Docket Entry:
09/09/2009
Location:
Altamonte Springs, Florida
District:
Middle
Agency:
Water Management Districts
Suffix:
RU
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (11):

Related Florida Rule(s) (5):