91-001408 Csx Realty, Inc. vs. Board Of Trustees Of The Internal Improvement Trust Fund
 Status: Closed
Recommended Order on Monday, January 27, 1992.


View Dockets  
Summary: Facts show that structure when built was intended to be permanent and entitled to disclaimer to the submerged lands in accordance with Butler Act and 253.129.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8CSX REALTY, INC., )

12)

13Petitioner, )

15)

16vs. ) CASE NO. 91-1408

21)

22BOARD OF TRUSTEES OF THE )

28INTERNAL IMPROVEMENT TRUST )

32FUND, )

34)

35Respondent, )

37)

38and )

40)

41CSX TRANSPORTATION, INC., )

45)

46Intervenor. )

48____________________________)

49RECOMMENDED ORDER

51Pursuant to notice, this cause was heard by William R. Cave, the assigned

64Hearing Officer from the Division of Administrative Hearings, on November 14,

751991 in Venice, Florida and on November 21, 1991 in Tallahassee, Florida.

87APPEARANCES

88For Petitioner Richard A. Lotspeich

93and Intervenor: Landers & Parsons

98310 West College Avenue

102P.O. Box 271

105Tallahassee, Florida 32302

108For Respondent: Suzanne B. Doub Brantley

114Nona Schaffner

116Department of Natural Resources

120Office of General Counsel

124Room 922, Douglas Building

1283900 Commonwealth Boulevard

131Tallahassee, Florida 32399

134STATEMENT OF THE ISSUE

138The issue presented is whether Petitioner, CSX Realty, Inc. ( CSXR) is

150entitled to a disclaimer to the submerged lands beneath the phosphate loading

162pier near the southern end of Gasparilla Island, Lee County, Florida, pursuant

174to Section 253.129, Florida Statutes, and Chapter 8537, Laws of Florida 1921,

186commonly referred to as the Butler Act.

193PRELIMINARY STATEMENT

195On November 29, 1990, CSXR applied to the Respondent for a disclaimer to

2081.39 acres more or less of submerged lands beneath and immediately adjacent to

221the phosphate loading pier located in Charlotte Harbor near the southern end of

234Gasparilla Island, Lee County, Florida. By letter dated December 31, 1991, the

246Department of Natural Resources (Department), acting as staff to the Board of

258Trustees of the Internal Improvement Trust Fund (Board) notified CSXR that its

270application did not qualify for a disclaimer. Petitioner filed a timely

281Petition for Formal Administrative Proceeding challenging this action by the

291Board. By letter dated March 1, 1991, the Department transferred this matter to

304the Division of Administrative Hearings for the assignment of a Hearing Officer

316and to conduct a formal hearing. After several continuances, this matter was

328heard on November 14, 1991 in Venice, Florida and concluded on November 21, 1991

342in Tallahassee, Florida.

345At the hearing, CSXR presented the testimony of Harold E. Bowe, Jack

357Hackett and Stanley K. Ink. CSXR's exhibits nos. 1-4 and 6-8 were admitted as

371evidence. Intervenor, CSX Transportation ( CSXT) presented no evidence.

380The Board presented the testimony of Judy Wysocki, Kenton R. Keiling, Kris

392K. Jain and Pete Mallison. The Board's exhibits nos. 1-10 were admitted as

405evidence.

406Respondent's Motion for Official Recognition of: (1) Chapters 120 and 253,

417Florida Statutes (1989); (2) Chapter 8537, Laws of Florida, 1921; (3) Chapters

42918-21, 22I-6 and 28-5, Florida Administrative Code; and (4) Black's Law

440Dictionary, Fifth Edition, definition of "permanent" was granted. However, only

450copies of 2 and 4 were attached to the motion. Copies of 1 and 3 were not

467attached due to their volume and their official publication. Additionally, a

478copy of Webster's Third New International Dictionary definition of "permanent"

488was officially recognized.

491A transcript of the proceeding was filed on December 2, 1991 for that

504portion of the hearing held on November 14, 1991 and on December 17, 1991 for

519that portion of the hearing held on November 21, 1991. The time for filing

533proposed findings of fact and conclusions of law by the parties was extended

546until January 2, 1992. The parties timely filed their proposed findings of fact

559and conclusions of law under the extended time frame. A ruling on each proposed

573finding of fact has been made as reflected in an Appendix to the Recommended

587Order.

588FINDINGS OF FACT

591Upon consideration of the oral argument and documentary evidence adduced at

602the hearing, the following relevant findings of fact are made:

6121. On November 29, 1990, CSXR filed an application with the Respondent for

625a disclaimer to 1.39 acres more or less of submerged lands beneath and

638immediately adjacent to a phosphate loading pier ("pier") located in Charlotte

651Harbor on the eastern side (bay side) near the southern end of Gasparilla Island

665in Lee County, Florida.

6692. Charlotte Harbor is a natural, navigable harbor off the Gulf of Mexico

682which receives water flow from the Gulf of Mexico and the Peace River.

6953. The Department is an agency of the state of Florida charged with

708implementation of Chapter 253, Florida Statutes, relating to sovereign submerged

718lands. The Department serves as staff to the Board pursuant to Section 253.002,

731Florida Statutes. The Department has the authority to process applications for

742disclaimers to state lands under the provision of Section 253.129, Florida

753Statutes.

7544. On December 31, 1990, the Department notified CSXR that its application

766for disclaimer was denied. The basis for the denial was that the pier was

780constructed on pilings and was not solid fill as provided for in Rule 18-21.013,

794Florida Administrative Code. In addition, the legal description of the subject

805submerged lands included open submerged lands lying adjacent to the pier. CSXR

817agreed to amend its application to reflect that it is seeking a disclaimer only

831for those submerged lands immediately beneath the pier.

8395. The Department reconsidered the application, and it is now the position

851of the Department that Rule 18-21.014, Florida Administrative Code, no longer

862applies in this case. However, the Department in reconsidering the application

873revised its position to deny the application for lack of compliance with the

886Butler Act in that: (a) it was the Department's opinion that the pier was not a

902permanent improvement within the intent of the Butler Act; and (b) neither CSXR

915nor CSXT had shown compliance by its predecessors in title with the Butler Act

929sufficient to vest title to the submerged lands beneath the pier pursuant to

942Section 253.129, Florida Statutes, and the Butler Act.

9506. The Department's position is that in order to be "permanent" for

962purposes of the Butler Act, a structure must be able to exist for an extended

977period of time without maintenance. Generally, there are no circumstances under

988which a wooden structure would be considered "permanent" for purposes of the

1000Butler Act by the Department.

10057. The only material available to construct a structure such as the pier

1018when it was constructed was wood, steel or concrete. Each of these materials

1031would have required maintenance in order for the pier to have lasted

1043approximately 80 years. In fact, considering the durability of the materials

1054available at the time of construction, the most durable material would not have

1067lasted more than 15 years without maintenance.

10748. In 1907 or 1908, the Alafia, Manatee and Gulf Coast Railway Company

1087began constructing the pier for the purpose of loading phosphate ore from

1099railroad cars onto ships. The pier and loading system was put into operation in

11131911.

11149. The pier was built continuously from the line of mean high water in the

1129direction of the channel in Charlotte Harbor and was built so as not to obstruct

1144the channel.

114610. The pier is a structure along the shore of a navigable waterbody

1159alongside which vessels were brought to be loaded with phosphate.

116911. The main pier is approximately 770 feet long by 25 feet wide with a T-

1185head approximately 325 feet long by 95 feet wide at the north and south ends but

1201only 45 feet wide at the middle two-thirds.

120912. Constructed on the pier was a superstructure consisting of a conveyor

1221system and a loader. The conveyor system moved the phosphate ore from the

1234railroad cars to the loader located on the T-head. The loader could move along

1248rails from one end of the T-head to the other. The loader dropped the phosphate

1263ore into the hold of the waiting ship. The loader weighed approximately 250

1276tons.

127713. The pier was constructed on wood pilings as large as 2 feet in

1291diameter. Wooden caps (beams) 12 inches by 12 inches or 14 inches were placed

1305across the top of the pilings. The caps were fixed together with wood stringers

1319up to 7 inches by 14 inches in cross-section. The caps were fastened to the

1334pilings and the stringers fastened to the caps with metal bolts. The deck of

1348the pier was constructed on top of the stringers.

135714. After the railroad cars were unloaded, they would travel out onto the

1370main pier for a distance of approximately 350 to 400 feet. This part of the

1385pier is known as the trestle and was built to support the weight of the train

1401with railroad cars even when loaded.

140715. When the pier was in operation, from 100 to 240 ships were loaded

1421every year at this facility. This amounted to 500 thousand to 2.5 million tons

1435of phosphate ore per year.

144016. Except for a few years during World War II, the pier was used

1454continuously from 1911 to 1979 for the purpose of loading phosphate ore onto

1467ships.

146817. In 1979, the pier ceased being used to load phosphate. This was

1481because more up-to-date loading facilities had been constructed in Tampa,

1491Florida, and the tracks and trestles between Arcadia and Gasparilla Island were

1503in need of extensive repairs. Therefore, the phosphate that was previously

1514shipped by rail to the pier on Gasparilla Island was shipped to Tampa.

152718. Hurricanes struck this area in 1944 and 1960. In each instance, while

1540the hurricanes damaged the superstructure of the conveyor system, there was only

1552minor superficial damage to the pier itself.

155919. The pier was maintained regularly from 1911 to 1979. The timber

1571pilings were replaced every four to eight years because of damage caused by

1584marine borers that ate the wood. However, in 1954, concrete was placed around

1597the pilings by a process known as jet- creting. Since that time, no pilings have

1612been replaced. The pile caps were replaced infrequently, and the deck of the

1625pier still has some timbers that were placed there in the early 1940s.

163820. Except for routine maintenance and replacement of damaged pilings and

1649timbers, there have been no changes to the pier structure from 1946 to date.

1663The superstructure was raised approximately 8 feet in 1948 and was dismantled

1675and removed in 1988.

167921. While the pier as it currently exists is in need of repair and

1693maintenance, it is an extremely sturdy pier which has been in existence for 80

1707years. It was constructed of materials and spacings that greatly exceed what

1719one normally sees for a pier that is used for water-related projects.

173122. Considering the purpose, design and construction of the pier, there is

1743no dispute that the pier was originally constructed as a permanent structure.

175523. There is sufficient competent substantial evidence to establish facts

1765to show that the pier is a permanent structure which "permanently improved" the

1778submerged lands directly beneath the pier as contemplated by the Butler Act.

179024. CSXR is the record title holder of certain upland littoral (riparian)

1802property in Boca Grande, Gasparilla Island, Lee County, Florida that is

1813contiguous to the submerged lands upon which the pier is located.

182425. Prior to 1934, the United States of America (United States) owned

1836title to the subject property as a military reservation. In 1906, the United

1849States conveyed a right-of-way to the Alafia, Manatee and Gulf Coast Railway

1861Company ( Alafia) for construction of the pier and terminal facilities.

187226. In 1934, the United States conveyed fee simple title to the subject

1885property to Boca Grande Inn, Inc., subject to such rights granted to Alafia for

1899right of way and terminal purposes. Boca Grande Inn, Inc. then conveyed fee

1912simple title to Charlotte Harbor and Northern Railway Company by deed dated

1924January 6, 1937. Prior to this conveyance, Charlotte Harbor and Northern

1935Railway Company had become the successor corporation to Alafia, as a result of a

1949name change, and as a result of this conveyance, title to the right-of-way was

1963merged with fee simple title to the riparian upland tract.

197327. In 1946, the Charlotte Harbor and Northern Railway Company deeded the

1985property to the Seaboard Airline Railroad Company by deed dated December 30,

19971946. Through a series of name changes, the Seaboard Airline Railroad Company

2009became CSX Transportation, Inc. on July 1, 1986.

201728. On January 27, 1988, CSXT conveyed the subject riparian property,

2028subject to certain reservations, by a special warranty deed to CSXR.

203929. Title to the pier structure itself is currently held by CSXT by virtue

2053of a reservation contained in the 1988 deed from CSXT to CSXR. That reservation

2067also reserved to CSXT those riparian rights and interests necessary to allow

2079CSXT to use, maintain and operate the pier. A further reservation reserved to

2092CSXT a perpetual nonexclusive easement for ingress to and egress from the pier

2105to the extent necessary for the use, maintenance and operation of the pier.

2118CSXT did not reserve title to the submerged lands.

212730. There has been no severance or alienation of the riparian rights to

2140the submerged lands in the chain of title to the subject upland property.

215331. Notwithstanding, that Alafia was not the riparian upland owner at the

2165time Alafia permanently improved the subject submerged lands by constructing the

2176pier, title to the subject submerged lands vested in the riparian upland owner

2189(United States) by virtue of the Butler Act due to the subject submerged lands

2203being permanently improved by Alafia.

220832. There is sufficient competent substantial evidence to establish facts

2218to show that CSXR is currently the riparian upland owner, and therefore, holds

2231title to the subject submerged lands.

2237CONCLUSIONS OF LAW

224033. The Division of Administrative Hearings has jurisdiction over the

2250parties and the subject matter of this proceeding pursuant to Section 120.57(1),

2262Florida Statutes.

226434. The Board has authority and is directed to issue eligible riparian

2276upland owners disclaimer to submerged land pursuant to Section 253.129, Florida

2287Statutes, and the Butler Act (Chapter 8537, Laws of Florida 1921). This

2299proceeding resulted from a decision by the Department, acting as staff to the

2312Board, to deny the disclaimer requested by CSXR.

232035. The burden of proof is on the party asserting the affirmative of an

2334issue before an administrative tribunal. Department of Transportation v. J.W.C.

2344Company, Inc., 396 So.2d 778 (1 DCA Fla. 1981). In the instant case, the burden

2359to prove that it is entitled to a disclaimer to the submerged land in question

2374pursuant to the Butler Act and Section 253.129, Florida Statutes is on CSXR.

2387Brickell vammel, 77 Fla. 544, 82 So.2d 221 (Fla. 1919); Williams v. Guthrie,

2400102 Fla. 1047, 137 So. 682 (Fla. 1931). CSXR has sustained its burden in this

2415regard.

241636. The Butler Act, formerly Section 271.01, Florida Statutes, provided as

2427follows:

2428Sec. 1. Whereas, it is for the benefit of the

2438State of Florida that water front property

2445be improved and developed; and (emphasis

2451added)

2452Whereas, the State being the proprietor of

2459all submerged lands and water privileges

2465within its boundaries, which prevents the

2471riparian owners from improving their water

2477lots, therefore

2479The State of Florida, for the consideration

2486above mentioned, subject to any inalienable

2492trust under which the state holds said lands,

2500divests itself of all right, title and

2507interest to all lands covered by water lying

2515in front of any tract of land owned by the

2525United State or by any person . . . lying

2535upon any navigable stream or bay of the sea

2544or harbor, as far as to the edge of the

2554channel, and hereby vests the full title to

2562the same, subject to said trust in and to the

2572riparian proprietors, giving them the full

2578right and privilege to build wharves into

2585streams or waters of the bay or harbor as far

2595as may be necessary to effect the purposes

2603described, and to fill up from the shore,

2611bank or beach as far as may be desired, not

2621obstructing the channel, but leaving full

2627space for the requirements of commerce, and

2634upon lands so filled in to erect warehouses,

2642dwellings or other buildings . . . . also,

2651confirming to the riparian proprietors all

2657improvements which may have heretofore been

2663made upon submerged lands. (emphasis added)

2669Provided, that the grant herein made shall

2676apply to and affect only those submerged lands

2684which have been, or may be hereafter, actually

2692bulkheaded or filled in or permanently

2698improved continuously from high water mark in

2705the direction of the channel, or as near in

2714the direction of the channel as practicable

2721to equitably distribute the submerged lands,

2727and shall in no wise affect such submerged

2735lands until actually filled in or permanently

2742improved. (emphasis added)

2745* * *

2748Sec. 3. This Act shall take effect as of the

2758day, to-wit: December 27, 1856, when the act

2766entitled "An Act to Benefit Commerce," was

2773adopted by the Legislature of Florida, and

2780shall be continuously effective thence forward

2786and hereafter; and hereby vests in the

2793riparian proprietors and their grantees and

2799successors, in right, the title, right and

2806interest given under the provisions of this

2813act.

281437. The plain language of the Butler Act provides for acquisition of title

2827to submerged lands by bulkheading or filling in or permanently improving the

2839submerged lands. Jacksonville Shipyards, Inc. v. Department of Natural

2848Resources, 466 So.2d 389 (1 DCA Fla. 1985) and the cases cited therein. Upon

2862the completion of the bulkheading or filling in or permanently improving the

2874submerged lands within the limitations of the Butler Act before May 29, 1951

2887title to the submerged lands became absolute and equal to that of the upland,

2901and not subject to reversion back to the state by reason of any change of events

2917or circumstances occurring after that date. Holland v. Fort Pierce Financing &

2929Construction Co., 157 Fla. 649, 27 So.2d 76 (Fla. 1946); Duval Engineering and

2942Contracting Company v. Sales, 77 So.2d 431 (Fla. 1955); see also Alexander Brest

2955Trust v. Department of Natural Resources and Commodores Point Terminal

2965Corporation v. Department of Natural Resources, Division of Administrative

2974Hearings Case Nos. 88-0378 and 88-0522 (Recommended Order dated January 9,

29851989).

298638. There is sufficient competent substantial evidence in the record to

2997establish facts to show that the improvement in question (pier) was intended to

3010be a permanent structure when constructed sometime around 1908-1910, and that

3021the construction of that structure permanently improved the submerged lands in

3032question as contemplated by the Butler Act. This is so notwithstanding the

3044Department's position that because a wooden structure requires regular

3053maintenance in order to survive the elements for any extended period of time it

3067cannot be permanent, and therefore, could not permanently improve the submerged

3078lands as contemplated by the Butler Act.

308539. "Permanently improved" is not defined by the Butler Act, or Chapter

3097253, Florida Statutes, or by Department or Board rule. And while an agency's

3110interpretation of a statute is entitled to great deference and will not be

3123overturned unless clearly erroneous or is not supported by competent substantial

3134evidence, unreasonable or ridiculous interpretations distort fundamental

3141principles of statutory construction and mandate the use of reasonable

3151interpretations. Drost v. Department of Environmental Regulation, 559 So.2d

31601154 (3 DCA Fla. 1990) and the cases cited therein.

317040. It is clear that the Butler Act had no other purpose than to stimulate

3185and encourage the improvement of submerged lands and to improve the foreshore in

3198the interest of commerce and navigation, Duval Engineering, 77 So.2d 431, 433

3210(Fla. 1955), and with that purpose in mind it does not appear that it was the

3226intent of the legislature to place such a narrow interpretation of the term

"3239permanently improved" as the Department has in this case. Additionally, the

3250Department's interpretation is unreasonable when you consider the definition of

"3260permanent" as defined in Black Law Dictionary, Sixth Edition (1990) and case

3272law cited in CSXR's Proposed Recommended Order relating to the term "permanent"

3284and "permanently improved".

328841. It is concluded that the pier constructed by Alafia under the rights

3301granted to it by the United States, the then upland riparian owner, around 1908-

33151910 was constructed as a permanent structure, and its construction permanently

3326improved the submerged lands in question as contemplated by the Butler Act. It

3339is further concluded that all the conditions and limitations imposed under the

3351Butler Act having been complied with prior to May 29, 1951 title to the

3365submerged lands in question vested in the United States, and eventually vested

3377in CSXR through the conveyance set out in the above Findings of Fact.

3390RECOMMENDATION

3391Having considered the foregoing Findings of Fact and Conclusions of Law, it

3403is, therefore,

3405RECOMMENDED that a Final Order be entered by the Board granting the

3417disclaimer sought by CSXR.

3421DONE and ENTERED this __27th__ day of January, 1992, in Tallahassee,

3432Florida.

3433_________________________________

3434WILLIAM R. CAVE

3437Hearing Officer

3439Division of Administrative Hearings

3443The DeSoto Building

34461230 Apalachee Parkway

3449Tallahassee, FL 32399-1550

3452(904) 488-9675

3454Filed with the Clerk of the

3460Division of Administrative Hearings

3464this __27th__ day of January, 1992.

3470APPENDIX TO RECOMMENDED ORDER

3474The following constitutes my specific rulings pursuant to Section 120-

348459(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by

3497the parties in the case.

3502Rulings on Proposed Finding of Fact

3508Submitted by the Petitioner

35121. Each of the following proposed findings of fact are adopted in

3524substance as modified in the Recommended Order. The number in parentheses is

3536the Finding(s) of Fact which adopts the proposed finding(s) of fact: 1(1);

35482(2); 3(8); 4(9); 5(10); 6(1, 11); 7(12); 8(13); 9(14); 10(15); 11(16); 12(17);

356013(18); 14(19); 15(20); 16(21); 17(22); 18(4); 19(5); 20(6); 21-22(7); 23(23);

357024(24); 25(25); 26(26); 27(27); 28(28); 29(29); 30(30); and 31(31).

3579Rulings on Proposed Findings of Fact

3585Submitted by the Respondent

35891. Each of the following proposed findings of fact are adopted in

3601substance as modified in the Recommended Order. The number in parentheses is

3613the Finding(s) of Fact which adopts the proposed finding(s) of fact: 1(24);

36252(3); 3(29); 5(1); 6-7(4); 8-9(5); 12(13); 13-14, 16(8); 17-21(25); 22(26);

363523(25); 25(19, 20); 26-30(19); 31(21); 32-33(17, 20, 21);

36432. Proposed finding of fact 4 is covered in the preliminary statement.

36553. Proposed findings of fact 10 and 36 are neither material or relevant to

3669this proceeding.

36714. Proposed findings of fact 11, 15, 24, 34 and 35 are rejected as not

3686being supported by competent substantial evidence in the record.

36955. Proposed finding of fact 37 is covered in the Conclusions of Law.

3708Rulings on Proposed Finding of Fact

3714Submitted by the Intervenor

3718The Intervenor did not submit any proposed findings of fact.

3728COPIES FURNISHED:

3730Richard A. Lotspeich

3733Landers & Parsons

3736310 West College Avenue

3740P.O. Box 271

3743Tallahassee, FL 32302

3746Suzanne B. Doub Brantley

3750Nona Schaffner

3752Department of Natural Resources

3756Office of General Counsel

3760Room 922, Douglas Building

37643900 Commonwealth Boulevard

3767Tallahassee, FL 32399

3770Ken Plante, General Counsel

3774Department of Natural Resources

37783900 Commonwealth Boulevard

3781Mail Station #10

3784Tallahassee, FL 32399-3000

3787NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3793ALL PARTIES HAVE THE RIGHT TO SUBMIT WRITTEN EXCEPTIONS TO THIS RECOMMENDED

3805ORDER. ALL AGENCIES ALLOW EACH PARTY AT LEAST 10 DAYS IN WHICH TO SUBMIT

3819WRITTEN EXCEPTIONS. SOME AGENCIES ALLOW A LARGER PERIOD WITHIN WHICH TO SUBMIT

3831WRITTEN EXCEPTIONS. YOU SHOULD CONTACT THE AGENCY THAT WILL ISSUE THE FINAL

3843ORDER IN THIS CASE CONCERNING AGENCY RULES ON THE DEADLINE FOR FILING EXCEPTIONS

3856TO THIS RECOMMENDED ORDER. ANY EXCEPTIONS TO THIS RECOMMENDED ORDER SHOULD BE

3868FILED WITH THE AGENCY THAT WILL ISSUE THE FINAL ORDER IN THIS CASE.

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Date
Proceedings
Date: 05/07/1993
Proceedings: Order Closing File filed.
Date: 01/25/1993
Proceedings: Letter to WRC from Susanne B. Brantley (re: Settlement Agreement) filed.
Date: 01/07/1993
Proceedings: Letter to S. Brantley from W. Cave (RE: Letter responding to letter of 1-5-93 requesting DOAH to enter an order of dismissal) sent out.
Date: 01/07/1993
Proceedings: Letter to S. Brantley from WRC (re: response to 1/5/93 letter) sent out.
Date: 01/06/1993
Proceedings: CC Settlement Agreement w/supporting attachments & cover Letter filed.
Date: 04/14/1992
Proceedings: Fourth Joint Stipulation to Extend Time to File Exceptions filed.
Date: 02/20/1992
Proceedings: Joint Stipulation to Extend Time to File Exceptions filed.
PDF:
Date: 01/27/1992
Proceedings: Recommended Order
PDF:
Date: 01/27/1992
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 11/04/91 & 11/21/91.
Date: 01/16/1992
Proceedings: Order Granting Motion to Intervene sent out. (for CSX Transportation,Inc).
Date: 01/02/1992
Proceedings: Respondent's Proposed Findings of Fact, Conclusions of Law and Recommended Order filed.
Date: 01/02/1992
Proceedings: Proposed Recommended Order of CSX Realty, Inc. and CSX Transportation, Inc. filed.
Date: 12/17/1991
Proceedings: Transcript (Evidentiary Hearing) filed.
Date: 12/02/1991
Proceedings: Transcript filed.
Date: 11/14/1991
Proceedings: CASE STATUS: Hearing Held.
Date: 11/14/1991
Proceedings: (Respondent) Motion For Official Recognition filed.
Date: 11/08/1991
Proceedings: (joint) Prehearing Stipulation filed.
Date: 11/05/1991
Proceedings: (CSXT) Petition For Leave to Intervene W/Exhibit-A filed.
Date: 09/04/1991
Proceedings: Notice of Hearing sent out. (hearing set for Nov. 14-15, 1991; 9:00am; Venice).
Date: 08/27/1991
Proceedings: Order Granting Continuance sent out. (Hearing cancelled).
Date: 08/26/1991
Proceedings: Stipulated Motion for Continuance filed. (From Richard Lotspeich & Suzanne B. Brantley)
Date: 08/21/1991
Proceedings: Order sent out. (RE: Gasparilla Island Conservation and Improvement Association, Inc`s Motion for Leave to Intervene, denied).
Date: 08/12/1991
Proceedings: (Petitioner) Notice of Supplemental Authority filed. (From Richard A.Lotspeich)
Date: 08/08/1991
Proceedings: (DNR) Notice of Taking Deposition Duces Tecum (4) filed. (From Suzanne B. Doub Brantley)
Date: 08/08/1991
Proceedings: (Petitioner) Reply to Gasparilla Island Conservation and Improvement Association, Inc`s Response to CSX Realty, Inc`s Motion to Dismiss filed. (From Richard A. Lotspeich)
Date: 07/30/1991
Proceedings: Gasparilla Island Conservation and Improvement Association, Inc`s Response to CSX Realty, Inc`s Motion to Dismiss filed. (From Thomas W. Reese)
Date: 07/15/1991
Proceedings: (petitioner) Motion to Dismiss filed.
Date: 07/12/1991
Proceedings: Prehearing Order sent out.
Date: 07/12/1991
Proceedings: Notice of Hearing sent out. (hearing set for Sept. 5, 1991; 10:00am;Venice).
Date: 07/10/1991
Proceedings: (GICIA) Motion For Leave to Intervene As A Respondent-In-Intervention filed. (from Thomas W. Renee)
Date: 06/28/1991
Proceedings: (Respondent) Motion to Continue filed.
Date: 06/12/1991
Proceedings: CSX Realty, Inc`s First Interrogatories to Respondent; Respondents` Response to Interrogatories filed.
Date: 06/10/1991
Proceedings: Notice of Service of Interrogatories; Respondent`s First Request for Admissions to Petitioner; Respondent`s First Request for Production of Documents; Respondents` Response to Request for Admissions filed. (From Suzanne B. Doub Bra ntley)
Date: 05/20/1991
Proceedings: Notice of Hearing sent out. (hearing set for July 24, 1991; 10:00am;Venice).
Date: 05/17/1991
Proceedings: (Petitioner) Motion for Continuance filed.
Date: 05/13/1991
Proceedings: CSX Realty, Inc`s Notice of Service of First Interrogatories to Respondent filed. (From Richard A. Lotspeich)
Date: 05/13/1991
Proceedings: Request for Admissions filed. (From Richard A. Lotspeich)
Date: 05/08/1991
Proceedings: Re-Notice of Taking Deposition Duces Tecum filed. (From Richard A. Lotspeich)
Date: 05/07/1991
Proceedings: Notice of Taking Deposition Duces Tecum filed. (from Richard A. Lotspeich)
Date: 04/11/1991
Proceedings: Second Notice of Hearing sent out. (hearing set for 6/5/91; 1:00pm; Venice)
Date: 04/10/1991
Proceedings: (Respondent) Motion to Continue filed. (from Suzanne B. Doub)
Date: 03/15/1991
Proceedings: Notice of Hearing sent out. (hearing set for 4/30/91; at 10:00am; in Venice)
Date: 03/13/1991
Proceedings: (Petitioner) Response to Initial Order filed.
Date: 03/06/1991
Proceedings: Initial Order issued.
Date: 03/04/1991
Proceedings: Agency referral letter; Petition for Formal Administrative Hearing w/exhibit-A filed.

Case Information

Judge:
WILLIAM R. CAVE
Date Filed:
03/04/1991
Date Assignment:
08/28/1991
Last Docket Entry:
05/07/1993
Location:
Venice, Florida
District:
Middle
Agency:
Department of Environmental Protection
 

Related DOAH Cases(s) (1):

Related Florida Statute(s) (3):

Related Florida Rule(s) (1):