91-004391
Henry C. Fucik vs.
Department Of Transportation
Status: Closed
Recommended Order on Tuesday, November 26, 1991.
Recommended Order on Tuesday, November 26, 1991.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8HENRY C. FUCIK, )
12)
13Petitioner, )
15)
16vs. ) CASE NO. 91-4391
21)
22DEPARTMENT OF TRANSPORTATION, )
26)
27Respondent. )
29________________________________)
30RECOMMENDED ORDER
32Pursuant to Notice, this cause was heard by Linda M. Rigot, the assigned
45Hearing Officer of the Division of Administrative Hearings, on September 23,
561991, in Tallahassee, Florida.
60APPEARANCES
61For Petitioner: Henry C. Fucik, pro se
688290 S.W. 58th Street
72Miami, Florida 33143
75For Respondent: Vernon L. Whittier, Jr., Esquire
82Department of Transportation
85605 Suwannee Street, MS-58
89Tallahassee, Florida 32399-0458
92STATEMENT OF THE ISSUE
96The issue presented is whether Petitioner's application for site approval
106and licensure of a private seaplane base near Manatee Springs on the Suwannee
119River should be approved.
123PRELIMINARY STATEMENT
125Respondent issued its Notice of Intent to approve Petitioner's Airport Site
136Approval and License Application. Thereafter, a public meeting was conducted
146regarding Petitioner's application and, in response to the opposition voiced at
157and after that public meeting, Respondent advised Petitioner, by letter dated
168May 28, 1991, that Petitioner's application was denied. Petitioner timely
178requested a formal hearing regarding that denial, and this cause was
189subsequently transferred to the Division of Administrative Hearings for the
199conduct of that formal proceeding.
204The Petitioner testified on his own behalf and presented the testimony of
216Elgin Branch and William T. Maphis, Sr. Respondent presented the testimony of
228David James Buchanan; William T. Maphis, Sr.; Paul Edward Perras, and Lacey F.
241Moore. Additionally, Petitioner's Exhibit numbered 1 and Respondent's Exhibits
250numbered 1-12 were admitted in evidence.
256Only the Respondent submitted post hearing proposed findings of fact in
267the form of a proposed recommended order. A specific ruling on each proposed
280finding of fact can be found in the Appendix to this Recommended Order.
293FINDINGS OF FACT
2961. By application dated July 18, 1990, Petitioner applied to the
307Department of Transportation for site approval and licensure for a private
318seaplane base to be known as Manatee Springs Seabase on the Suwannee River in
332Dixie County, Florida, seven miles south of Old Town. On the application,
344Petitioner agreed that the private seaplane base would be for his personal use,
357that it would not be used for commercial operations, that flight activities from
370the proposed site would be conducted only during the day, and that operations
383would only occur in VFR weather conditions.
3902. Petitioner owns 362 acres of land with approximately 2,400 feet of that
404land being riverfront property. Petitioner's property is on the west shore of
416the Suwannee River.
4193. Approximately across from the southern boundary of Petitioner's
428property is the Spring Run in Manatee Springs State Park. The Park extends a
442considerable distance to both the north and the south, far beyond the boundaries
455of Petitioner's property. Approximately 100 feet south of the entrance to
466Spring Run is the dock of Manatee Springs State Park. Numerous manatee have
479been sighted around the Park's dock, at the entrance to the Spring Run, in the
494Spring Run, and in the middle of the River across from the dock.
5074. The Suwannee River between Petitioner's property on the west bank and
519the Park's property on the east bank is between 600 and 700 feet wide. In that
535area, the Suwannee River is open to all kinds of boat traffic, some of which
550travels as fast or faster than a seaplane taking off and landing. That area of
565the River is used by fishing boats, ski boats, airboats, jet skis, houseboats,
578and canoes. There is a tour boat which travels through the area in question,
592and canoes can be rented at the Park from a concessionaire. Personnel at the
606commercial canoe rental business advise renters to stay within 50 to 100 feet
619from the east shore line, along the Park. However, some renters ignore the
632instructions and cross the River.
6375. Due to the heavier manatee and boat activity at the Spring Run and Park
652docking area across from the southern portion of Petitioner's property,
662Petitioner proposes that his landing and take-off area be located just to the
675north of the northern boundary of his property, away from the entrance to
688Manatee Springs State Park, in the middle of the River, and in a section of the
704River which is straighter, which would increase his visibility of boat traffic
716in the area. Petitioner will place no structures of any kind in the River.
7306. Under Petitioner's proposal, he will store his seaplane in an area in
743the northern portion of his property. No structures will be constructed in this
756storage area. Petitioner would taxi out from the seaplane's storage area to his
769take-off and landing area which starts approximately 300 feet north of his
781storage site. The take-off and landing area would extend approximately 2,600
793feet up the River and would be 100 feet wide.
8037. Petitioner proposes to use either a two-passenger or four-passenger
813seaplane. Such seaplanes utilize 100 h.p. and 150 h.p. engines, respectively.
8248. Such seaplanes taxi at 3-5 knots per hour, which speed would create the
838same wake as a canoe. When a seaplane is idling, it creates no wake. When a
854seaplane takes off, it rotates onto the pontoon step within 15 to 20 seconds and
869completes take-off within an additional 10 to 15 seconds. The total take-off
881time is approximately 30-35 seconds, and the seaplane during take-off will
892achieve a speed of 40-45 m.p.h., less the head wind. The total take-off
905distance is approximately 1,000 feet. Accordingly, Petitioner would be on the
917River for approximately 5 minutes of taxiing and 30 seconds of take-off, at
930which point the seaplane is off the River. The amount of wake created during
944take-off is 2-3 inches.
9489. The distance betwen the entrance to the Spring Run into Manatee Springs
961State Park and the southern end of Petitioner's proposed landing and take-off
973area is 3,000 feet. Thus, Petitioner's proposed landing and take-off area is
986located a safe distance from where boaters and manatee congregate around the
998Springs. Further, although some of Petitioner's neighbors on the west shore of
1010the Suwannee River tie their boats to trees along the shore, there are no docks
1025extending into the River in or near the area proposed for the landing and take-
1040off strip. There are a public boat ramp at Clay Landing approximately 2 miles
1054above the proposed seaplane landing area, a public boat ramp somewhere south of
1067the Park, and a third public boat ramp somewhere in the Park. The boat ramps
1082are not close enough to Petitioner's proposed landing and take-off strip to pose
1095any threat to their users from Petitioner's proposed use of his seaplane.
110710. Petitioner is a licensed pilot, who possesses all appropriate ratings
1118and has passed the required physical examinations. He learned to fly in 1940
1131and operated a seaplane base in Fort Walton during the 1940s and 1950s. He was
1146then employed as a pilot for Eastern Airlines for 33 years. He has 18,000 hours
1162of flying time, which includes 1,000 hours of flying seaplanes. He will carry
1176liability insurance on his seaplane of at least $100,000.
118611. Petitioner understands that when his seaplane is on the water, it is
1199subject to the rules and regulations governing boats and other watercraft.
1210Accordingly, when "no wake" restrictions are in effect on the Suwannee River
1222when the River is high, Petitioner cannot use his seaplane base.
123312. The Department's aviation specialist assigned to process Petitioner's
1242application for site approval visited Petitioner's property on five separate
1252occasions, observing boat traffic on the River during his visits. On one
1264occasion, he spent the day counting the boat traffic and estimating intervals of
1277traffic relative to landing and take-off times. Although the River was high on
1290that occasion, it was during a weekend when boat traffic would be heavier than
1304during the week. He determined that the proposed location of Petitioner's
1315seaplane base was a safe location and that Petitioner's activity would not
1327constitute a hazard to boating traffic.
133313. The Department issued its Notice of Intent to approve Petitioner's
1344seaplane base, subject to several conditions:
13501. All operations are conducted during daylight
1357hours and during VFR weather conditions only.
13642. Operations are prohibited on long holiday
1371weekends that generate a high volume of river
1379traffic (Memorial Day, 4th of July, Labor Day).
13873. A non standard traffic pattern be used, all
1396traffic patterns will be to the west of the extended
1406runway center line to prevent over flight of Manatee
1415Springs State Park.
141814. Pursuant to the Department's regulations, Petitioner was required to
1428provide notice of his application to all property owners within 1,000 feet from
1442any boundary of the airport operational area, and the Department's Notice of
1454Intent was published notifying interested persons that a public meeting would be
1466conducted, if requested, on Petitioner's application. A number of persons
1476attended the public meeting, some of whom supported Petitioner's application,
1486but the majority of whom opposed Petitioner's application.
149415. After the public meeting, the Department issued a letter denying
1505Petitioner's application, citing the concerns voiced at the public meeting.
1515Additionally, the denial letter advised Petitioner that the Trustees of the
1526Internal Improvement Fund have state sovereignty jurisdiction of the River area
1537where the proposed seaplane base would be located and that Petitioner would,
1549therefore, need appropriate authorization from the Trustees through the
1558Department of Natural Resources to use the sovereign submerged land. That
1569letter further advised Petitioner that the Trustees' jurisdiction is subject to
1580the navigation servitude of the federal government and that Petitioner,
1590therefore, would need a permit from the Army Corps of Engineers to use the
1604proposed site on the Suwannee River as a seaplane base.
161416. Although the statutes and rules regulating the Department's site
1624approval and licensure of airports and seaplane bases do not contain a
1636requirement for authorization from the Trustees or the requirement of a permit
1648from the Army Corps of Engineers, Petitioner contacted those agencies. By
1659letter dated June 28, 1991, the Florida Department of Natural Resources advised
1671Petitioner as follows:
1674Please be advised that you do not need
1682authorization for the use of state-owned
1688submerged lands if you are not storing your
1696sea plane waterward of the Ordinary High Water
1704Line of the Suwannee River, constructing structures
1711waterward of the Ordinary High Water Line, or
1719impacting state-owned submerged lands and resources
1725when removing your seaplane from the Suwannee River.
1733Petitioner's proposal does not contain any of those characteristics. By letter
1744dated September 6, 1991, the Department of the Army, Jacksonville District Corps
1756of Engineers, advised Petitioner that no authorization or permit was required
1767for his proposed seaplane base.
177217. Petitioner can safely take-off and land in his proposed strip without
1784presenting a danger to boaters and swimmers any greater than the risk presented
1797by other fast moving vessels currently permitted to utilize the Suwannee River
1809in the area under question. The height of a seaplane propeller poses no danger
1823to swimmers or manatee. One must be fully licensed and trained to operate a
1837seaplane, while one needs no training or licensure to operate a speed boat. The
1851height of a seaplane presents a better view of obstacles in the River than the
1866view of someone in a boat or in the River. A seaplane offers the ability to
1882stop quickly or "pull up" in a split second to avoid something coming quickly
1896into the path of the seaplane.
190218. Although the Florida Department of Natural Resources advised
1911Petitioner that he did not need authorization to use the state-owned submerged
1923lands of the Suwannee River, employees of the Division of Recreation and Parks
1936of the Department of Natural Resources testified at the final hearing in
1948opposition to Petitioner's application. Those employees believe that
1956Petitioner's proposed landing and take-off area is within the jurisdiction of
1967the Division of Recreation and Parks pursuant to a Management Agreement entered
1979into between the Division and the Board of Trustees of the Internal Improvement
1992Trust Fund of the State of Florida. That Management Agreement entered into on
2005November 24, 1986, and amended on January 19, 1988, does grant management
2017responsibilities to the Division over:
2022All those sovereign submerged lands lying
2028within 400 feet of the Mean High Water or
2037Ordinary High Water Line, or in the case where
2046the shoreline is vegetated with. . .wetland
2053vegetation, within 400 feet of the emergent
2060edge of the vegetation, and within the riparian
2068area of any state park. . .administered by the
2077Division of Recreation and Parks . . . .
2086Petitioner's proposed landing and take-off strip is within 400 feet of the
2098emergent edge of the vegetation of Manatee Springs State Park.
210819. That Management Agreement, however, also provides that the Board of
2119Trustees of the Internal Improvement Trust Fund of the State of Florida retained
2132the right to also engage in management activities over those sovereign submerged
2144lands and further provides that the Management Agreement is not to be construed
2157in any way to interfere with the traditional riparian rights of private
2169landowners. Lastly, that Management Agreement required the Division of
2178Recreation and Parks to submit to the Board for its approval a management plan
2192for those submerged lands and prohibited the Division from engaging in
2203activities not provided for in the required plan without the advance written
2215approval of the Board. There was no evidence indicating that the Division had
2228adopted any management plan for the area under consideration in this cause.
2240Further, no explanation was offered as to how the Division of Recreation and
2253Parks could impose requirements not imposed by the Department of Natural
2264Resources.
2265CONCLUSIONS OF LAW
226820. The Division of Administrative Hearings has jurisdiction over the
2278parties hereto and the subject matter hereof. Section 120.57(1), Florida
2288Statutes.
228921. Section 330.30(1)(a) Florida Statutes, provides the following
2297requirements for issuance of an airport site approval:
23051. That the site is adequate for the proposed
2314airport;
23152. That the proposed airport, if constructed or
2323established, will conform to minimum standards of
2330safety and will comply with applicable county or
2338municipal zoning requirements;
23413. That all nearby airports, municipalities, and
2348property owners have been notified and any comments
2356submitted by them have been given adequate
2363consideration; and
23654. That safe air-traffic patterns can be worked out
2374for the proposed airport and for all existing airports
2383and approved airport sites in its vicinity.
2390Section 14-60.005(8), Florida Administrative Code, provides the following
2398requirements for an applicant prior to receiving site approval:
24071. Demonstrate that the site is adequate for the
2416proposed airport.
24182. Demonstrate that the proposed airport, if
2425constructed or established, will conform to
2431minimum standards of safety.
24353. Include documentation evidencing local
2440zoning approval by the appropriate governmental
2446agency. Where there is no local zoning, a statement
2455of that fact from an official of the appropriate
2464governmental agency shall be submitted.
24694. Provide the Department a list of all airports
2478and municipalities within 15 miles of the proposed
2486airport and all property owners within 1,000 feet
2495of the proposed airport.
24995. Demonstrate that safe air traffic patterns
2506could be worked out for the proposed airport.
251422. The site selected by Petitioner is adequate for his proposed airport,
2526i.e., Petitioner's landing and take-off strip. There is no dispute that the
2538proposed seaplane base would conform to the minimal standards of safety for an
2551airport and would comply with applicable county or municipal zoning
2561requirements. Petitioner has submitted letters from the appropriate
2569jurisdictions stating that they have no zoning regulations that would apply to
2581Petitioner's proposal. It is undisputed that all nearby airports,
2590municipalities, and property owners have been notified, and the Department has
2601given consideration to the comments submitted by them. There is no dispute that
2614safe air-traffic patterns can be implemented. Further, Petitioner has submitted
2624to the Department letters from the United States Army Corps of Engineers and the
2638Florida Department of Natural Resources stating that he needs no authorization
2649or permits for his seaplane operation or his use of state-owned submerged lands
2662under the Suwannee River since he is not going to build any structures in the
2677River.
267823. Although there was testimony that there is a rule of the Division of
2692Recreation and Parks prohibiting airplanes from taking off or landing in state
2704parks, including sovereignty submerged lands within 400 feet of state parks,
2715thereby barring Petitioner's right to use the public waters of the Suwannee
2727River, that testimony is inaccurate. Rule 16D-2.010(1), Florida Administrative
2736Code, which regulates activities in state parks, provides as follows:
2746(1) Aircraft. No person operating or responsible
2753for any aircraft, glider, balloon, parachute, or
2760other aerial apparatus shall cause any such
2767apparatus to take-off from or land in any park
2776except in an emergency when human life is endangered
2785or where a designated landing facility may exist on
2794park property. [Emphasis added]
2798Even if the extended boundaries of 400 feet of sovereignty submerged lands
2810pursuant to the Management Agreement could be held to constitute "park
2821property," that rule specifically allows aircraft to land and take-off from
2832designated landing facilities. Petitioner has applied to the Department for
2842approval of his proposed seaplane base, which, if approved, would be a
2854designated landing facility. Further, it cannot be reasonably argued that
2864Petitioner can be excluded by the Park Service, part of the Department of
2877Natural Resources, when he has been authorized by the Department of Natural
2889Resources to use the public waters of the Suwannee River.
289924. Further, the Management Agreement does not specify that the rules of
2911the Division of Recreation and Parks found in Chapter 16D-2, Florida
2922Administrative Code, apply to the submerged sovereignty lands adjoining State
2932parks, as argued by the Department and some of its witnesses. Rather, the
2945Management Agreement gives the Division of Recreation and Parks co-management
2955authority over those sovereignty submerged lands within 400 feet and within the
2967riparian lines of any State park administered by the Division of Recreation and
2980Parks pursuant to Chapter 16D-2. Accordingly, the reference to Chapter 16D-2,
2991Florida Administrative Code, is descriptive of the properties to which the
3002Management Agreement applies and does not set forth that the sovereignty
3013submerged lands are to be managed in accordance with Chapter 16D-2. Rather than
3026making Chapter 16D-2 applicable to those sovereignty submerged lands, the Board
3037of Trustees of the Internal Improvement Trust Fund of the State of Florida has
3051required the Division of Recreation and Parks to submit to the Board a specific
3065management plan for each of the submerged lands adjacent to each park. The
3078Management Agreement requires that such a management plan outline and provide
3089details of how protection activities proposed for the sovereignty submerged
3099lands will be implemented. Since no management plan for the sovereignty
3110submerged lands adjoining Manatee Springs State Park was offered in evidence in
3122this proceeding, it must be assumed that there is none, and, therefore, no
3135authority has been cited that would allow Manatee Springs State Park to impose
3148the rules contained in Chapter 16D-2 on users of the Suwannee River.
316025. The Management Agreement specifies that it shall not be construed to
3172interfere with traditional riparian rights of private landowners. No definition
3182of "traditional" riparian rights is contained within that Management Agreement.
3192However, Section 253.141(1), Florida Statutes, defines riparian rights to be
3202rights of ingress, egress, boating, bathing, and fishing and such others as may
3215be or have been defined by law. The right to use a seaplane on public waters is
3232not one of those rights as set forth in that statute and does not appear to be
3249defined elsewhere as a riparian right. Although Petitioner's seaplane is
3259subject to the same rules and regulations governing boats while it is on the
3273water, the seaplane is not a boat. Although Petitioner's use of the River for
3287his seaplane is not a specified riparian right, no specific prohibition against
3299him doing so has been found.
330526. Similarly, the Management Agreement itself does not specifically
3314prohibit Petitioner's proposed use. The Management Agreement is not specific to
3325Manatee Springs State Park but is simply a general Management Agreement between
3337the Board of Trustees of the Internal Improvement Trust Fund of the State of
3351Florida and the Department of Natural Resources, Division of Recreation and
3362Parks, which applies to all parks of any nature within the State of Florida.
3376The Management Agreement simply grants to the Division of Recreation and Parks
3388the authorization to manage the sovereignty submerged lands within 400 feet of
3400any State park for use or health and safety protection, for recreation, and for
3414the protection of the sovereignty submerged lands and adjoining upland property.
3425The Agreement does not specify what uses are prohibited or even permitted.
343727. Although the Department is required to consider public comment
3447regarding site approval, it is not required to be controlled by public comment.
3460Many of the public comments and some of the testimony in this final hearing
3474involved environmental concerns over which the Department of Transportation has
3484no statutory authority or jurisdiction. Further, those environmental concerns
3493do not constitute more than concerns. Although some persons complained about
3504noise and pollution, no evidence was offered that a seaplane creates more noise
3517or pollution than any other powered vessel. Although concern was expressed for
3529the manatee, no evidence was offered that a seaplane has ever killed or injured
3543a manatee, and Petitioner specifically selected his site to be distanced from
3555the area in which the manatee congregate. Petitioner's proposed landing site is
3567approximately 3,000 feet away from the Springs entrance and is even further from
3581the Park's dock. Although some persons expressed concern for the safety of
3593other boaters and swimmers, no evidence was offered that the danger to other
3606boaters and swimmers is any greater from Petitioner's use of his seaplane than
3619the risk taken by boating or swimming in an area used by speed boats, ski boats,
3635and jet skis. It is undisputed that Petitioner enjoys the same rights as the
3649general public to use public waters. No evidence was offered that the rights of
3663swimmers are superior to those of jet skiers or others operating powered craft,
3676including seaplanes.
367828. Rule 14-60.007(5)(a), Florida Administrative Code, provides as
3686follows:
3687No seaplane base shall be approved which
3694requires aircraft to land or take-off in close
3702proximity to a bridge, public beach, power line,
3710boat dock or other area which could constitute a
3719danger to persons or property.
3724No evidence was offered that Petitioner's proposed landing and take-off site is
3736in close proximity to a bridge, to a public beach, to a power line, or to a boat
3754dock. Although there was testimony and argument that the proposed site is in an
3768area which could constitute a danger to persons or property, the testimony was
3781in the nature of the possibility that anything could constitute a danger to
3794persons or property. However, the overwhelming weight of the evidence was that
3806Petitioner's proposed site is not likely and is not reasonably expected to
3818constitute a danger to persons or property. Although some persons are
"3829concerned," no competent evidence was offered which would indicate that
3839Petitioner's operation in fact could constitute danger to persons or property.
385029. Further, the rule requires that a seaplane base not be in "close
3863proximity" to an area which would constitute a danger to persons or property.
3876No definition of "close proximity" is contained within that rule. Petitioner
3887located his proposed site north of his property boundaries in order to not be in
"3902close proximity" to the area where boaters, swimmers and manatee congregate.
3913His proposed landing area is approximately 3,000 feet from the entrance to the
3927Park and even further from the Park's dock; yet, Petitioner was only required by
3941the Department's rules to notify interested property owners within 1,000 feet of
3954the proposed site. Since only persons within 1,000 feet must be notified so
3968that they could voice their comments, it cannot be concluded that 3,000 feet
3982constitutes "close proximity."
398530. Although Park personnel performed a boat count covering the two days
3997before the final hearing in this cause and concluded that there is
"4009considerable" boat traffic in the area, the boat count was performed by
4021counting the boats in the area every hour. No steps were taken to ensure that
4036the same boats were not counted every hour, and the boat count on those two days
4052is not determinative. The evidence is clear that boat traffic is heavier on
4065weekends as a general rule, depending upon the condition of the River. When the
4079River is high, few vessels are taken onto the River because of floating debris.
4093When the River is low, boat traffic is heavier. However, there are also times
4107when there is little boat traffic on the River and times when there is no boat
4123traffic at all. The Department's proposed condition in its earlier Intent to
4135issue the approval requested by Petitioner, which prohibits Petitioner from
4145utilizing his seaplane base on long holiday weekends, is reasonable and
4156prohibits Petitioner from taking off or landing during times when River usage
4168is at its highest. Similarly, the other conditions proposed by the Department
4180in its first preliminary decision are likely to protect other river users and
4193lessen any danger to persons or property from Petitioner's proposed seaplane
4204base.
420531. Section 330.30(1)(b), Florida Statutes, provides that site approval
4214may be granted subject to reasonable conditions and that such approval shall
4226remain in effect for a period of two years unless sooner revoked by the
4240Department or unless during that period a license for an airport on the approved
4254site has been issued. Since Petitioner has no need to develop the site, i.e.,
4268no structures will be constructed, the issuance of a license by the Department
4281to Petitioner should quickly follow the site approval by the Department.
4292Section 330.30(2)(e) provides that an airport license expires one year after the
4304effective date and may be renewed each year subject to any conditions the
4317Department deems necessary to protect the public health, safety, or welfare.
4328Subsection (f) authorizes the Department to revoke any license or renewal
4339thereof, or refuse to issue a renewal, if the Department determines that there
4352has been an abandonment of the airport, that there has been an failure to comply
4367with the conditions of the license or renewal thereof, or, because of changed
4380physical or legal conditions or circumstances, the airport has become either
4391unsafe or unusable for the aeronautical purposes for which the license or
4403renewal was issued. Accordingly, should uses permitted on the Suwannee River
4414change or if conditions should occur which make Petitioner's seaplane base
4425unsafe, the Department has the opportunity to revoke Petitioner's license or
4436renewal thereof or to decline to issue a renewal.
4445RECOMMENDATION
4446Based upon the foregoing Findings of Fact and Conclusions of Law, it is
4459RECOMMENDED that a Final Order be entered granting Petitioner's airport
4469site approval and license application, with the conditions set forth in
4480paragraph numbered 13 of this Recommended Order.
4487DONE and ENTERED this __26th__ day of November, 1991, at Tallahassee,
4498Florida.
4499___________________________________
4500LINDA M. RIGOT
4503Hearing Officer
4505Division of Administrative Hearings
4509The DeSoto Building
45121230 Apalachee Parkway
4515Tallahassee, Florida 32399-1550
4518(904) 488-9675
4520Filed with the Clerk of the
4526Division of Administrative Hearings
4530this __26th__ day of November, 1991.
4536APPENDIX TO RECOMMENDED ORDER
4540DOAH CASE NO. 91-4391
45441. Respondent's proposed findings of fact numbered 1-4 have been adopted
4555in substance in this Recommended Order.
45612. Respondent's proposed finding of fact numbered 5 has been rejected as
4573not constituting a finding of fact.
45793. Respondent's proposed finding of fact numbered 6 has been rejected as
4591being subordinate to the issues involved herein.
4598Copies furnished:
4600Ben G. Watts, Secretary
4604Department of Transportation
4607Haydon Burns Building
4610Attn: Eleanor F. Turner
4614605 Suwannee Street
4617Tallahassee, Florida 32399-0458
4620Vernon L. Whittier, Jr., Esquire
4625Department of Transportation
4628605 Suwannee Street, MS-58
4632Tallahassee, Florida 32399-0458
4635Henry C. Fucik,
46388290 S.W. 58th Street
4642Miami, Florida 33143
4645NOTICE OF RIGHT TO SUBMIT EXCEPTIONS:
4651All parties have the right to submit written exceptions to this Recommended
4663Order. All agencies allow each party at least 10 days in which to submit
4677written exceptions. Some agencies allow a larger period within which to submit
4689written exceptions. You should contact the agency that will issue the final
4701order in this case concerning agency rules on the deadline for filing exceptions
4714to this Recommended Order. Any exceptions to this Recommended Order should be
4726filed with the agency that will issue the final order in this case.
- Date
- Proceedings
- Date: 01/09/1992
- Proceedings: Final Order filed.
- Date: 10/17/1991
- Proceedings: (DOT) Proposed Findings of Fact, Conclusions of Law and Recommendation filed. (From Vernon L. Whitter, Jr.)
- Date: 10/07/1991
- Proceedings: Transcript filed.
- Date: 09/23/1991
- Proceedings: CASE STATUS: Hearing Held.
- Date: 07/29/1991
- Proceedings: Notice of Hearing sent out. (hearing set for Sept. 23, 1991; 9:30am;Tallahassee).
- Date: 07/25/1991
- Proceedings: Ltr. to LMR from Henry C. Fucik re: Reply to Initial Order filed.
- Date: 07/17/1991
- Proceedings: Initial Order issued.
- Date: 07/12/1991
- Proceedings: Agency referral letter; Agency action letter; Request for Administrative Hearing, letter form filed.
Case Information
- Judge:
- LINDA M. RIGOT
- Date Filed:
- 07/12/1991
- Date Assignment:
- 07/17/1991
- Last Docket Entry:
- 01/09/1992
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN TOTO