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21-001139 Broward County, A Political Subdivision Of The State Of Florida vs. Department Of Environmental Protection
 Status: Closed
Recommended Order on Wednesday, March 30, 2022.

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Summary: The agency did not prove, by a preponderance of the evidence, that fluid movement into an underground source of drinking water, as prohibited by state rules and federal regulations, occurred due to underground injection activity.
  • Document: Recommended Order
  • Issued: 03/30/2022
  • Summary: The agency did not prove, by a preponderance of the evidence, that fluid movement into an underground source of drinking water, as prohibited by state rules and federal regulations, occurred due to underground injection activity.
Dockets
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Date
Proceedings
PDF:
Date: 06/08/2022
Proceedings: State of Florida Department of Environmental Protection's Exceptions to Recommended Order filed.
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Date: 06/07/2022
Proceedings: Agency Final Order
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Date: 06/07/2022
Proceedings: Agency Final Order filed.
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Date: 05/19/2022
Proceedings: Broward County's Response to The Florida Department of Environmental Protection's Exceptions to the Recommended Order filed.
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Date: 04/29/2022
Proceedings: Broward County's Exceptions to the Recommended Order filed.
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Date: 04/01/2022
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 03/30/2022
Proceedings: Recommended Order
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Date: 03/30/2022
Proceedings: Recommended Order (hearing held October 7, 11 through 14, and 25 and November 2, 2021). CASE CLOSED.
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Date: 03/30/2022
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 01/31/2022
Proceedings: Broward County's Proposed Recommended Order filed.
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Date: 01/31/2022
Proceedings: Department of Environmental Protection's Proposed Recommended Order filed.
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Date: 12/01/2021
Proceedings: Notice of Broward County's Proffer filed.
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Date: 11/30/2021
Proceedings: Order Granting Extension of Time.
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Date: 11/23/2021
Proceedings: Agreed To Motion For Extension Of Time To File Proposed Recommended Orders filed.
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Date: 11/18/2021
Proceedings: Order Establishing Deadline to File Proposed Recommended Orders.
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Date: 11/16/2021
Proceedings: Notice of Filing Transcript.
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Date: 10/20/2021
Proceedings: Order Rescheduling Hearing by Zoom Conference (hearing set for October 25 and November 2, 2021; 9:00 a.m., Eastern Time).
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Date: 10/20/2021
Proceedings: Joint Notice of Availability filed.
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Date: 10/20/2021
Proceedings: Notice of Filing Transcript
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Date: 10/18/2021
Proceedings: Notice of Filing Transcript.
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Date: 10/11/2021
Proceedings: Broward County's Motion for Reconsideration filed.
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Date: 10/06/2021
Proceedings: Broward County's Motion to Strike Respondent's Expert Witnesses and Reports or in the Alternative, Motion in Limine to Limit Witness Testimony filed.
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Date: 10/01/2021
Proceedings: Notice of the Department of Environmental Protections' Objections to Petitioner's Exhibit List dated September 27, 2021, and Objections filed.
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Date: 10/01/2021
Proceedings: Broward County's Notice of Filing Objections to Respondent's Final Hearing Exhibit List filed.
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Date: 10/01/2021
Proceedings: Florida Department of Environmental Protection's, Response in Opposition to Broward County's Motion for Leave to File Amended Petition for Administrative Hearing filed.
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Date: 09/30/2021
Proceedings: Broward County's Notice of Filing Final Hearing Exhibit List filed.
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Date: 09/28/2021
Proceedings: Broward County's Second Amended Expert Witness and Witness Disclosures filed.
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Date: 09/27/2021
Proceedings: Joint Pre-Hearing Stipulation filed.
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Date: 09/27/2021
Proceedings: Broward County's Motion for Leave to File Amended Petition for Formal Administrative Hearing filed.
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Date: 09/15/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking VideomTaped Deposition Duces Tecum (of Marc Harris) filed.
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Date: 09/10/2021
Proceedings: Florida Department of Environmental Protection's Supplemental Argument in Support of Its Motion in Limine filed.
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Date: 09/02/2021
Proceedings: Notice of Department's Amended Response to Petitioner, Broward County's Second Set of Interrogatories, as to Interrogatory 2 only filed.
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Date: 09/02/2021
Proceedings: Petitioner, Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Joni Synatschk) filed.
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Date: 09/02/2021
Proceedings: Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Mark Harris) filed.
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Date: 09/02/2021
Proceedings: Broward County's Notice of Taking Video Taped Deposition Duces Tecum (Len Fishkin) filed.
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Date: 09/01/2021
Proceedings: Petitioner Broward County's Amended Notice of Taking Video Taped Deposition Duces Tecum (Tracy Woods) filed.
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Date: 09/01/2021
Proceedings: Petitioner Broward County's Amended Notice of Taking Video Taped Deposition Duces Tecum (Benjamin Melnick) filed.
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Date: 08/30/2021
Proceedings: Broward County's Supplemental Response in Opposition to Department of Environmental Protection's Motion in Limine filed.
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Date: 08/30/2021
Proceedings: Notice of Serving Department of Environmental Protection's Answers to Petitioner, Broward County Second Set of Interrogatories filed.
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Date: 08/26/2021
Proceedings: Broward County's Third Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
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Date: 08/26/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; Tracy Woods) filed.
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Date: 08/26/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; Benjamin Melnick) filed.
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Date: 08/25/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Postponing Taking Video Deposition Duces Tecum (Chang) filed.
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Date: 08/23/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Re-Notice of Taking Video Deposition Duces Tecum (Muniz) filed.
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Date: 08/23/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Cancellation of Video Deposition Duces Tecum of Steven Doyle filed.
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Date: 08/20/2021
Proceedings: Petitioner Broward County's Notice of Taking Video Taped Deposition Duces Tecum filed.
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Date: 08/17/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Cancellation of Video Deposition Duces Tecum of Susan Bodman filed.
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Date: 08/16/2021
Proceedings: Order Regarding Motion to Extend Discovery Deadline.
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Date: 08/16/2021
Proceedings: Order Denying Motion to Relinquish Jurisdiction; Denying, In Part, Motion In Limine; and Establishing Dates For Filing Additional Response and Reply on Motion In Limine Issues.
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Date: 08/13/2021
Proceedings: Broward County's Motion to Amend Pre-Hearing Order filed.
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Date: 08/13/2021
Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for October 7 and 11 through 14, 2021; 9:30 a.m., Eastern Time).
Date: 08/12/2021
Proceedings: CASE STATUS: Motion Hearing Held.
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Date: 08/12/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Second Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date only) - Mark Darmanin filed.
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Date: 08/12/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Patrick Davis; Amended as to date and location only) filed.
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Date: 08/12/2021
Proceedings: Florida Department of Environmental Protection's Amended Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County (as to date, location and identity of corporate representative) filed.
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Date: 08/12/2021
Proceedings: Joint Response to Order Requesting Parties' Availability for Rescheduling Last Day of Hearing filed.
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Date: 08/11/2021
Proceedings: Broward County's Amended Expert Witness and Witness Disclosures (Corrects Dr. Missimer's First Name Only) filed.
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Date: 08/10/2021
Proceedings: Florida Department of Environmental Protection's Amended Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County (as to date, location and identity of corporate representative) filed.
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Date: 08/10/2021
Proceedings: Petitioner Broward County's Notice of Taking Video Taped Deposition Duces Tecum (via Remote Video Conference; of Benjamin Melnick) filed.
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Date: 08/10/2021
Proceedings: Broward County's Response in Opposition to Department of Environmental Protection's Motion for New Order of Pre-Hearing Instructions or Clarification of Current Order of Pre-Hearing Instructions filed.
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Date: 08/06/2021
Proceedings: Florida Department of Environmental Protection's Motion for New Order of Pre-Hearing Instructions or Clarification of Current Order of Pre-Hearing Instructions filed.
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Date: 08/06/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/06/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
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Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
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Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
PDF:
Date: 08/04/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Amended Notice of Taking Video Deposition Duces Tecum (Amended as to date and location only) filed.
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Date: 08/04/2021
Proceedings: Broward County's Expert Witness and Witness Disclosures filed.
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Date: 08/04/2021
Proceedings: Department of Environmental Protection's Witness Disclosure filed.
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Date: 08/02/2021
Proceedings: Notice of Motion Hearing by Zoom Conference (motion hearing set for August 12, 2021; 2:00 p.m., Eastern Time).
PDF:
Date: 07/30/2021
Proceedings: Broward County's Second Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
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Date: 07/30/2021
Proceedings: Broward County's Certificate of Service of Second Set of Interrogatories to the Respondent, Florida Department of Environmental Protection filed.
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Date: 07/29/2021
Proceedings: Order Requesting Parties' Availability for Rescheduling Last Day of Hearing.
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Date: 07/28/2021
Proceedings: Notice of Transfer.
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Date: 07/20/2021
Proceedings: Order Granting Broward County's Motion for Disqualification of Administrative Law Judge.
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Date: 07/19/2021
Proceedings: Broward County's Motion for Disqualification of Administrative Law Judge filed. (DUPLICATE-FAX)
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Date: 07/19/2021
Proceedings: Broward County's Motion for Disqualification of Administrative Law Judge filed.
PDF:
Date: 07/19/2021
Proceedings: Florida Department of Environmental Protection's Notice of Taking Deposition Duces Tecum of Corporate Representative of Petitioner Broward County filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Susan Bodman) filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Steven Doyle) filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Serene Chang) filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Mark Darmanin) filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Greg Balicki) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Alan Garcia) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Janeen Wietgrefe) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Thomas Missimer, PG) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Patrick Davis) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Michael Wengrenovich) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Robert Maliva) filed.
PDF:
Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Joseph May) filed.
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Date: 07/16/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Notice of Taking Video Deposition Duces Tecum (Albert Muniz) filed.
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Date: 07/14/2021
Proceedings: Notice of Unavailability filed.
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Date: 07/12/2021
Proceedings: Broward County's Response in Opposition to Department of Environmental Protection's Motion to Relinquish Jurisdiction or in the Alternative, Motion in Limine filed.
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Date: 07/12/2021
Proceedings: Return of Service (Re-Notice Haberfeld) filed.
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Date: 07/12/2021
Proceedings: Return of Service (Subpoena Haberfeld) filed.
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Date: 07/09/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition filed.
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Date: 07/09/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Khadka) filed.
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Date: 07/09/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (McCarty) filed.
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Date: 07/09/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Fischler) filed.
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Date: 07/09/2021
Proceedings: Petitioner Broward County's Re-Notice of Taking Video Taped Deposition (Haberfeld) filed.
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Date: 07/08/2021
Proceedings: Order Granting Extension of Time.
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Date: 07/07/2021
Proceedings: Notice of Serving Department of Environmental Protection's Responses to Petitioner, Broward County First Request for Production filed.
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Date: 07/07/2021
Proceedings: Broward County's Request for Extension of Time to File Response in Opposition filed.
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Date: 07/07/2021
Proceedings: Notice of Serving Department of Environmental Protection's Answers to Petitioner, Broward County First Set of Interrogatories filed.
PDF:
Date: 07/07/2021
Proceedings: Respondent, Florida Department of Environmental Protection's Responses to Petitioner, Broward County's First Request for Admissions filed.
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Date: 07/06/2021
Proceedings: Broward County's Subpoena for Videotaped Deposition of Joseph Haberfeld filed.
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Date: 07/06/2021
Proceedings: Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (Cindy Fischler) filed.
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Date: 07/06/2021
Proceedings: Petitioner Broward County's Omnibus Notice of Taking Video Depositions (Cathleen McCarty) filed.
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Date: 07/06/2021
Proceedings: Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (of Mitra Khadka) filed.
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Date: 07/06/2021
Proceedings: Petitioner Broward County's Omnibus Notice of Taking Video Taped Depositions (of Joseph Haberfeld) filed.
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Date: 07/02/2021
Proceedings: Department of Environmental Protection's Amended Request for Official Recognition filed.
PDF:
Date: 07/01/2021
Proceedings: Department of Environmental Protection's Motion to Relinquish Jurisdiction or in the Alternative, Motion in Limine filed.
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Date: 06/15/2021
Proceedings: Department of Environmental Protection's Request for Official Recognition filed.
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Date: 06/08/2021
Proceedings: Broward County's Amended Response to Respondent Department of Environmental Protection's First Request for Production of Documents to the Petitioner, Broward County filed.
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Date: 06/08/2021
Proceedings: Broward County's Certificate of Service of Its Amended Answers and Objections to Respondent Florida Department of Environmental Protection's First Set of Interrogatories to Petitioner, Broward County filed.
PDF:
Date: 06/01/2021
Proceedings: Broward County's First Request for Admission to the Respondent, Florida Department of Environmental Protection filed.
PDF:
Date: 06/01/2021
Proceedings: Broward County's First Request for Production of Documents to the Respondent, Florida Department of Environmental Protection filed.
PDF:
Date: 06/01/2021
Proceedings: Notice of Serving Broward County's First Set of Interrogatories to the Respondent, Florida Department of Environmental Protection filed.
PDF:
Date: 06/01/2021
Proceedings: Notice of Appearance (Matthew Haber) filed.
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Date: 05/28/2021
Proceedings: Broward County's Certificate of Service of Its Answers and Objections to Respondent Florida Department of Environmental Protection's First Set of Interrogatories to Petitioner, Broward County filed.
PDF:
Date: 05/28/2021
Proceedings: Broward County's Response to Respondent Department of Environmental Protection's First Request for Production of Documents to the Petitioner, Broward County filed.
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Date: 04/07/2021
Proceedings: Notice of Appearance (Michael Owens) filed.
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Date: 04/02/2021
Proceedings: Department of Environmental Protection's First Request for Production of Documents to the Petitioner, Broward County filed.
PDF:
Date: 04/02/2021
Proceedings: Notice of Serving Department of Environmental Protection's First Set of Interrogatories to Petitioner, Broward County filed.
PDF:
Date: 03/31/2021
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 03/31/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for September 13 through 17, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 03/30/2021
Proceedings: Joint Response to Initial Order filed.
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Date: 03/30/2021
Proceedings: Notice of Appearance (Alexis Montiglio) filed.
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Date: 03/30/2021
Proceedings: Notice of Appearance (Staci Kichler) filed.
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Date: 03/26/2021
Proceedings: Initial Order.
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Date: 03/25/2021
Proceedings: Agency action letter filed.
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Date: 03/25/2021
Proceedings: Broward County's Petition for Formal Administrative Hearing filed.
PDF:
Date: 03/25/2021
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Case Information

Judge:
FRANCINE M. FFOLKES
Date Filed:
03/25/2021
Date Assignment:
07/28/2021
Last Docket Entry:
06/08/2022
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN PART OR MODIFIED
 

Counsels

Related Florida Statute(s) (6):

Related Florida Rule(s) (3):