98-004976
Bert Allen Wahl, Jr. (116 W Elm St) vs.
Florida Game And Fresh Water Fish Commission
Status: Closed
Recommended Order on Friday, February 18, 2000.
Recommended Order on Friday, February 18, 2000.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8BERT ALLEN WAHL, JR., )
13)
14Petitioner, )
16)
17vs. ) Case Nos. 98-4974
22) 98-4975
24FLORIDA FISH AND WILDLIFE ) 98-4976
30CONSERVATION COMMISSION, )
33)
34Respondent. )
36___________________________________)
37RECOMMENDED ORDER
39On October 8, 1999, a formal administrative hearing was held
49in this case by televideo in Tallahassee and Tampa, Florida,
59before William R. Pfeiffer, Administrative Law Judge, Division of
68Administrative Hearings.
70APPEARANCES
71For Petitioner: Joseph R. Fritz, Esquire
774204 N orth Nebraska Avenue
82Tampa, Florida 33603
85For Respondent: Preston T. Robertson, Esquire
91Florida Fish and Wildlife
95Conservation Commission
97620 South Meridian Street
101Tallahassee, Florida 32399-1600
104STATEMENT OF THE ISSUES
108Whether Respondent properly denied the applications of
115Petitioner for Class I wildlife; and whether Respondent's
123previous granting of Class I licensure to Petitioner estops
132Respondent from denying the instant applications.
138PRELIMINARY STATEMENT
140The Florida Fish and Wildlife Conservation Commission
147informed Petitioner on September 22, 1998, of his denial of three
158applications for Class I wildlife. The denial was based on
168Petitioner's failure to meet the lawful land requirements and
177inadequate caging located at the proposed sites.
184At the hearing on October 8, 1999, Respondent presented the
194testimony of Linda Harrison, Steve DeLacure, and Linda Coomey.
203Petitioner presented the testimony of Bert Wahl. Petitioner's
211Exhibits 1-5, and Respondent's Exhibits 1-3, 5-14, and 19-21 were
221admitted into evidence.
224The testimony of Dennis Parker, taken by deposition on
233September 29, 1999, in Tampa, Florida, was received without
242objection.
243Both parties requested a transcript of the final hearing,
252and the parties were given 14 days from the filing of the
264Transcript in which to file proposed recommended orders. The
273transcript was filed on November 1, 1999.
280FINDINGS OF FACT
2831. On July 15, 1998, Petitioner applied to the Commission
293for licenses, via three separate applications, to possess
301wildlife, particularly bears, leopards, and baboons at three
309separate locations.
3112. The applications cited the addresses of 127 West
320Hiawatha Street, 116 West Elm Street, and 6802 North Highland
330Avenue, all in Tampa, Florida, as the locations where Petitioner
340planned to possess the animals. Petitioner applied to possess
349bears (family ursidae ), leopards (family felidae ) and baboons
359(family cercopithecidae ) at each location. All these animals are
369Class I wildlife.
3723. Respondent issued Notices of Denial of the three
381applications to Petitioner on September 22, 1998.
3884. Class I animals are dangerous animals that cannot be
398possessed for personal use, and are typically found in zoos.
408They are dangerous because of their ferocity and size. These
418animals may be aggressive towards anyone, including their keeper.
4275. Class II wildlife are potentially dangerous animals
435which should only be possessed by experienced individuals.
4436. Class III animals are of smaller size and are less
454aggressive.
4557. The goal of the Commission's classification system is
464to promote the safehousing of wildlife, and to protect the
474general public and the individual keeping the animals.
4828. In the application for 116 West Elm Street, Petitioner
492noted that he presently possessed five white-tailed deer, one
501muntjac, and one emu, all Class III wildlife. Petitioner did not
512possess authorization to house Class I wildlife at 116 West Elms
523Street, the year previous to the instant application.
5319. In the application for 127 West Hiawatha Street,
540Petitioner noted that he presently possessed two panthers and one
550bobcat, both Class II wildlife, and two alligators, which are
560Class III wildlife. Petitioner did not possess authorization to
569house Class I wildlife at 127 West Hiawatha Street the year
580previous to the instant application.
58510. In the application for 6802 North Highland Avenue,
594Petitioner noted that he presently possessed no wildlife at this
604location. Petitioner did not possess authorization to house
612Class I wildlife at 6802 North Highland Avenue the year previous
623to the instant application.
62711. Two of Petitioner's locations are contiguous: 127 West
636Hiawatha Street, and 166 West Elm Street.
64312. Petitioner's location at 6802 North Highland Avenue is
652approximately one block from the other two sites, and on the
663other side of the street.
66813. Elm and Hiawatha are not one property, but two separate
679residences and addresses. The Hiawatha and Elm Street addresses
688were treated as two separate locations by the Commission as they
699are separate addresses with separate applications.
70514. The Elm Street and Hiawatha locations are separated by
715a fence at the back of each property. Petitioner uses a ladder
727to traverse over the fence between the Elm Street and Hiawatha
738locations.
73915. The area where Petitioner wishes to house Class I
749wildlife is a residential area with small single-family houses
758located close together, with small yards, and near a major road.
769There are residential properties to the east of both the Hiawatha
780and Elm Street locations. Petitioner's neighborhood is densely
788populated, with single-family residential dwellings and small
795lots. Petitioner's locations are within approximately 100 yards
803from large intersections at Sligh Avenue and Florida Avenue.
81216. The three properties where Petitioner sought to keep
821Class I wildlife are zoned single-family residential.
828Approximately six people per week visit through Petitioner's
836facilities.
83717. Petitioner has received various permits, including
844Class I, from the Commission for over the past 15 years.
85518. It is possible to obtain a Class I license and not be
868qualified to possess animals at the address on the license.
87819. Pursuant to law, a permittee for Class I wildlife has
889to meet specific requirements including standard caging
896requirements and land area. The land area required to house
906Class I wildlife is 1/4 acre minimum. An acre of land is 43,560
920square feet. One-quarter of an acre is 10,890 square feet. The
9321/4 acre minimum area for Class I wildlife is critical because it
944allows for a larger buffer for dangerous animals.
95220. Respondent wildlife inspectors visit applied-for sites
959to determine whether the facility meets the caging requirements,
968whether wildlife are housed safely and ensure the public is not
979at risk.
98121. Respondent inspections are made to determine whether
989caging is strong enough to contain animals safely and to verify
1000the owner or possessor does not exceed the number of permitted
1011animals.
101222. Wildlife officers regulate and enforce the caging of
1021captive wildlife, both exotic and native. It is necessary to
1031have cages meet the rules to protect the safety of the animal,
1043the neighbors, and the keeper.
104823. Respondent's Lieutenant Stephen Delacure, who has been
1056a Commission Wildlife Officer or Inspector for approximately ten
1065years, has been to Petitioner's three locations in Tampa at least
107615 times over the past four years.
108324. Delacure has never seen any Class I animals at any of
1095Petitioner's three locations.
109825. On November 12, 1998, Delacure and Lieutenant Krause
1107inspected all three of Petitioner's locations pursuant to his
1116application.
111726. Delacure inspected the three locations for appropriate
1125caging and land area for bears, leopards, and baboons. Delacure
1135measured all locations with Petitioner present and indicated that
1144he gave Petitioner "the benefit of the doubt" as to the
1155measurements.
115627. Delacure measured the total area for 127 West Hiawatha
1166Street to be 103 feet by 39 feet (front and depth) (4,017 square
1180feet). Delacure measured the total area of 116 West Elm Street
1191to be 87 feet by 69 feet (6,003 square feet). Therefore,
1203Delacure found the combined area for 127 West Hiawatha Street and
1214116 West Elm to be 10,020 square feet. Delacure measured the
1226total area of 6802 North Highland Avenue to be 102 feet by 42
1239feet (4,284 square feet).
124428. Delacure found no adequate caging for Class I bears,
1254baboons, or cats at 127 West Hiawatha Street. In addition,
1264Delacure found no caging for Class I wildlife at 116 West Elm
1276Street nor 6802 North Highland Avenue.
128229. The November 1998 inspection was the basis for the
1292issuance of the amended notice of denial for failure to meet land
1304area requirements and to meet caging requirements. Respondent
1312denied Class I licenses to Petitioner because of inadequate land
1322area and caging.
132530. Class II licenses do not say "all" for possession
1335purposes, as these licenses are defined by specific animal
1344families. However, Class III licenses may say "all" for
1353possession purposes.
135531. The Respondent changed Class I licenses to animal
1364specific from the "all" designation to ensure that the animal
1374possessor is familiar with the handling of that family or species
1385of animal as nutritional, health, and handling requirements are
1394different for each animal family.
139932. Linda Coomey is a building inspector for the City of
1410Tampa, having done this job for 15 years. Coomey inspects zoning
1421and code enforcement.
142433. Coomey has been to Petitioner's locations 12-13 times
1433over the last eight years. Coomey calculated the area of 127
1444West Hiawatha Street as 38 feet by 103 feet (3,914 square feet).
145734. Coomey calculated the area of 116 West Elm Street as 65
1469feet by 80 feet (5,200 square feet). Therefore, Coomey found the
1481combined area of 127 West Hiawatha Street and 116 West Elm Street
1493is 9,114 square feet. The area of 6802 North Highland Avenue was
1506calculated by Coomey as 50 feet by 104 feet (5,200 square feet).
1519These measurements were taken from the Hillsborough County plat
1528maps and Coomey does not consider any error in measuring the
1539square footage as acceptable.
154335. The Hillsborough County Property Appraiser's Office
1550found the area of the three properties to be as follows: 127
1562West Hiawatha Street, 38 feet by 103 feet (3,914 square feet);
1574116 West Elm Street, 65 feet by 80 feet (5,200 square feet); and
15886802 North Highland Avenue, 50 feet by 104 feet (5,200 square
1600feet). None of these individual areas is equal to or greater
1611than 1/4 acre, nor does the combining of the areas of 127 West
1624Hiawatha Street and 116 West Elm Street (3,914 square feet and
16365,200 square feet, for a total of 9,114 square feet) meet or
1650exceed 1/4 acre.
165336. The Hillsborough County Tax Collector's Office reports
1661127 West Hiawatha Street as being .09 acres; 116 West Elm Street
1673as being .12 acres; and 6802 North Highland Avenue as being .12
1685acres. Therefore, the Hillsborough County Tax Collector's Office
1693found the combined area of 127 West Hiawatha Street and 116 West
1705Elm Street is .21 acres.
171037. Per Petitioner, 127 West Hiawatha Avenue is 39 feet by
1721103 feet (4,017 square feet) in total area, and Respondent's
1732officers informed Petitioner he did not have the required
1741acreage.
174238. Respondent informed Petitioner on more than one
1750occasion that Petitioner could have a Class I license that allows
1761a person to borrow an animal and not be allowed to posseses Class
1774I animals on the license holder's property.
178139. On September 6, 1991, Petitioner was issued a license
1791for 127 West Hiawatha Street, which cited that Petitioner could
1801possess the following: Class I, felidae , cercopithecidae , and
1809ursidae ; Class II, felidae and cercopithecidae ; Class III, all
1818excluding venomous reptiles.
182140. On July 23, 1993, Petitioner was issued a license for
1832127 West Hiawatha Street, which cited that Petitioner could
1841possess the following: Class I, none; Class II, felidae ; Class
1851III, all excluding felidae .
185641. On June 29, 1993, Petitioner was issued a license for
1867116 West Elm Street, which cited that Petitioner could possess
1877the following: Class I, ursidae , cercopithecidae , and felidae .
188642. On June 29, 1993, Petitioner was issued a license for
18976802 North Highland Avenue, which cited Petitioner could possess
1906the following: Class I, ursidae , felidae , and cercopithecidae ;
1914Class II, all excluding venomous reptiles; Class III, all
1923excluding venomous reptiles.
192643. On June 29, 1994, Petitioner was issued a license for
1937116 West Elm Street, which cited Petitioner could possess the
1947following: Class I, felidae , cercopithecidae , and ursidae ; Class
1955II, all, excluding venomous reptiles; Class III, all excluding
1964venomous reptiles.
196644. On June 29, 1994, Petitioner was a issued a license for
19786802 North Highland Avenue, which cited Petitioner could possess
1987the following: Class I, felidae , cercopithecidae , and ursidae ;
1995Class II, all, excluding venomous reptiles; Class III, all
2004excluding venomous reptiles.
200745. On July 4, 1994, Petitioner was issued a license for
2018127 West Hiawatha Street, which cited Petitioner could possess
2027the following: Class I, none; Class II, felidae ; Class III, all
2038excluding venomous reptiles.
204146. On June 27, 1996, Petitioner was issued a license for
2052127 West Hiawatha Street, which cited Petitioner could possess
2061the following: Class I, none; Class II, felidae ; Class III, all,
2072excluding venomous reptiles.
207547. On August 9, 1996, Petitioner was issued a license for
2086116 West Elm Street, which cited Petitioner could possess the
2096following: Class I, felidae , cercopithecidae , and ursidae ; Class
2104II, felidae and cercopithecidae ; Class III, all excluding
2112venomous reptiles.
211448. On August 9, 1996, Petitioner was issued a license for
21256802 North Highland Avenue, which cited Petitioner could possess
2134the following: Class I, felidae , cercopithecidae , and ursidae ;
2142Class II, felidae and cercopithecidae ; Class III, all excluding
2151venomous reptiles. This was the last instance where Petitioner
2160was licensed to possess Class I wildlife.
216749. On September 16, 1997, Petitioner was issued a license
2177for 127 Hiawatha Street, which cited Petitioner could possess:
2186Class I, none; Class II, felidae ; Class III, all.
219550. On September 16, 1997, Petitioner was issued a license
2205for 116 West Elm Street, which cited Petitioner could possess:
2215Class I, none; Class II, none; Class III, all, excluding venomous
2226reptiles.
222751. On September 16, 1997, Petitioner was issued a license
2237for 6802 North Highland Avenue, which cited Petitioner could
2246possess: Class I, none; Class II, none.
225352. Lieutenant Dennis Parker is an inspector for
2261Respondent, having worked for Respondent 26 years. Parker has
2270consistently inspected Petitioner's facilities for more than 15
2278years. Parker measured 127 West Hiawatha Street "from curb to
2288curb" in 1992 pursuant to Petitioner having a bear on the
2299premises. Petitioner immediately received notice from Respondent
2306that his acreage was inadequate via a "field revocation."
2315Petitioner was ordered to remove the Class I animals.
232453. Petitioner was mistakenly provided a Class I license
2333for ursidae before the Commission measured 127 West Hiawatha
2342Street, under Parker's assumption that Petitioner had adequate
2350acreage. A Class I license requires 1/4 acre or more to possess
2362a Class I animal on that property.
236954. Petitioner's license for Class I ursidae was based on
2379Petitioner's borrowing a bear for exhibition, with the bear being
2389kept at a licensed facility not owned by Petitioner. Petitioner
2399used 127 West Hiawatha Street as the mailing address for the
2410license. Respondent had never inspected or authorized caging for
2419bears at 127 West Hiawatha Street.
242555. Petitioner originally obtained bears without the
2432knowledge and/or consent of Respondent, then a complaint was
2441filed with Respondent. Petitioner recently had an animal escape
2450from the 116 Elm Street location.
245656. Petitioner presently possesses Class I animals.
2463Petitioner's properties do not meet the regulatory requirement
2471for acreage size to house Class I wildlife pursuant to Rule 68A-
24836.022 (formerly 39-6.022), Florida Administrative Code.
248957. Petitioner is one of thousands of persons who has
2499authority to possess animals, but does not have an approved
2509facility address to house the animals.
251558. Moreover, assuming arguendo that the properties are
2523combined, Petitioner's properties at 127 West Hiawatha and 116
2532West Elm fail to meet the mandatory requirements for acreage to
2543house Class I wildlife, pursuant to Rule 68A-6.022, Florida
2552Administrative Code.
2554CONCLUSIONS OF LAW
255759. The Division of Administrative Hearings has
2564jurisdiction over the subject matter of this proceeding and the
2574parties pursuant to Section 120.57(1), Florida Statutes, and
2582Chapter 65B-11.013, Florida Administrative Code.
258760. Article IV, Section 9, Florida Constitution, creates
2595and grants Respondent "the regulatory and executive power of the
2605state with respect to wild animal life. . . ." Section
2616372.921(1), Florida Statutes, directs all persons who wish to
2625exhibit or sell wild animals, whether indigenous to Florida or
2635not, to obtain a license from the Commission. Rules 68A-5.004,
26456.002, 6.003, 6.004, 6.022, and 6.0023, Florida Administrative
2653Code (formerly found in Title 39, Florida Administrative Code)
2662govern the licensing and housing of wildlife.
266961. Petitioner, as applicant for a license to sell or
2679exhibit wildlife, has the burden of demonstrating eligibility for
2688the license. McDonald v. Department of Professional Regulation ,
2696582 So. 2d 660, 670 (Fla. 1st DCA 1991), citing Balino v.
2708Department of Health and Rehabilitation Service , 348 So. 2d. 349,
2718350 (Fla. 1st DCA 1977).
272362. Rule 68A-6.022(5) (formerly Rule 39-6.022), Florida
2730Administrative Code, mandates that an applicant for a license to
2740possess Class I wildlife must possess the Class I wildlife on not
2752less than 1/4 acre.
275663. Petitioner applied to possess bears, baboons and
2764leopards, all Class I wildlife pursuant Rule 68A-6.002 (formerly
2773Rule 39-6.002), Florida Administrative Code.
277864. Each of Petitioner's properties, 127 West Hiawatha
2786Street, 116 West Elm Street, and 6802 North Highland Avenue, is
2797less than 1/4 acre. This conclusion is supported by the
2807testimony of Lieutenant Parker, Lieutenant Delacure, and Linda
2815Coomey, the exhibits provided through the Hillsborough County Tax
2824Collector's and Property Appraiser's Offices, and the testimony
2832of Petitioner himself.
283565. Although estoppel is an application of the rules of
2845fair play and is an appropriate defense in certain matters, it is
2857not merited in the instant case.
286366. First, equitable estoppel may not be applied against a
2873governmental entity to accomplish an illegal result. Branca v.
2882City of Miramar , 634 So. 2d 604, 606, (Fla. 1994), citing State
2894Department of Revenue v. Anderson , 403 So. 2d 397 (Fla. 1981).
2905To apply the equitable doctrine against Respondent and allow
2914Class I animals to be housed at Petitioner's properties would be
2925violative of the administrative law cited above.
293267. Additionally, the doctrine of equitable estoppel may be
2941applied against the state only rarely and under exceptional
2950circumstances. Dolphine Outdoor Advertising v. Dept. of
2957Transportation , 582 So. 2d 709, 710 (Fla. 1st DCA 1991), citing
2968North American Co. v. Green , 120. So. 2d 603 (Fla. 1959); Tri-
2980State Systems, Inc. v. Dept. of Transportation , 500 So. 2d 212
2991(Fla. 1st DCA 1986), rev. den. 506 So. 2d 1041 (Fla. 1987). See
3004also Corona Properties of Florida, Inc. v. Monroe County , 485 So.
30152d 1314, 1317, in which the court stated that a governmental
3026entity cannot be estopped from enforcement of its ordinances by
3036an illegally issued permit. Here, Petitioner asserts that an
3045improperly issued license should require the Commission to issue
3054a Class I license in violation of agency rule. The assertion is
3066incorrect.
306768. The court in Tri-State enunciated that equitable
3075estoppel shall only be afforded if the facts support the
3085following three elements: (1) representation of a material fact
3094that is contrary to a later-asserted position; (2) reliance on
3104that representation; and 3) a change in position detrimental to
3114the party claiming estoppel, caused by the representation and
3123reliance thereon. See Tri-State Systems, Inc. v. Dept. of
3132Transportation , 500 So. 2d at 215-216.
313869. In Council Brothers, Inc. v. City of Tallahassee , 634
3148So. 2d 264 (Fla. 1st DCA 1994), the court reiterated the above
3160three criteria which the asserting party must demonstrate to
3169establish a basis for estoppel, but also held that for one to
3181successfully invoke equitable estoppel against the government,
3188the party must also demonstrate the existence of affirmative
3197conduct on the part of the government which goes beyond mere
3208negligence. See Council Brothers, Inc. v. City of Tallahassee,
3217634 So. 2d at 266. Here, there has been no demonstration by
3229Petitioner of affirmative conduct by Respondent beyond mere
3237negligence.
323870. The Council Brothers, Inc. court also held that the
3248governmental conduct must cause serious injustice for equitable
3256estoppel to be applicable. See Council Brothers, Inc. v. City of
3267Tallahassee, 634 So. 2d at 266. As Petitioner has continued to
3278exhibit Class I wildlife throughout the 1990's, no serious
3287injustice has been demonstrated. Lastly, and equally important,
3295this court held that any application of estoppel against the
3305government must not unduly harm the public interest. See also
3315Alachua County v. Cheshire , 603 So. 2d 1334, 1337 (Fla. 1st DCA
33271992). Here, Petitioner seeks to house the most dangerous
3336animals regulated by Respondent. The neighborhood in which
3344Petitioner wishes to house Class I wildlife is of a high density
3356and residential, and close to major roads. The use of equitable
3367estoppel under these circumstances would unduly harm the public
3376interest by allowing bears, leopards, and baboons into this
3385environment.
3386RECOMMENDATION
3387Based upon the foregoing Findings of Fact and Conclusions of
3397Law, it is
3400RECOMMENDED that the Florida Fish and Wildlife Conservation
3408Commission enter a final order upholding the Commission's Amended
3417Notice of Denial.
3420DONE AND ENTERED this 18th day of February, 2000, in
3430Tallahassee, Leon County, Florida.
3434___________________________________
3435WILLIAM R. PFEIFFER
3438Administrative Law Judge
3441Division of Administrative Hearings
3445The DeSoto Building
34481230 Apalachee Parkway
3451Tallahas see, Florida 32399-3060
3455(850) 488-9675 SUNCOM 278-9675
3459Fax Filing (850) 921-6847
3463www.doah.state.fl.us
3464Filed with the Clerk of the
3470Division of Administrative Hearings
3474this 18th day of February, 2000.
3480COPIES FURNISHED:
3482Joseph R. Fritz, Esquire
34864204 North Nebraska Avenue
3490Tampa, Florida 33603
3493Preston T. Robertson, Esquire
3497Florida Fish and Wildlife
3501Conservation Commission
3503620 South Meridian Street
3507Tallahassee, Florida 32399-1600
3510Allan L. Egbert, Ph.D., Interim Director
3516Florida Fish and Wildlife
3520Conservation Commission
3522620 South Meridian Street
3526Tallahassee, Florida 32399-1600
3529James Antista, Acting General Counsel
3534Florida Fish and Wildlife
3538Conservation Commission
3540620 South Meridian Street
3544Tallahassee, Florida 32399-1600
3547NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
3553All parties have the right to submit written exceptions within 15
3564days from the date of this Recommended Order. Any exceptions to
3575this Recommended Order should be filed with the agency that will
3586issue the final order in this case.
- Date
- Proceedings
- Date: 04/05/2000
- Proceedings: Final Order filed.
- Date: 03/06/2000
- Proceedings: (Petitioner) Motion to Correct andClarify Recommended Order (filed via facsimile).
- Date: 12/03/1999
- Proceedings: Petitioner`s Proposed Recommended Order; Cover Letter filed. 12/3/99)
- Date: 12/03/1999
- Proceedings: Petitioner`s Proposed Recommended Order; Cover Letter filed.
- Date: 12/03/1999
- Proceedings: (Petitioner) Notice of Filing; Deposition of Officer Dennis W. Parker filed.
- Date: 12/01/1999
- Proceedings: Respondent Florida Fish and Wildlife Conservation Commission`s Proposed Recommended Order filed.
- Date: 12/01/1999
- Proceedings: Petitioner`s Proposed Recommended Order (filed via facsimile).
- Date: 11/01/1999
- Proceedings: (2 Volumes) Transcript of Proceedings filed.
- Date: 10/20/1999
- Proceedings: Order Granting Extension of Time to File Proposed Recommended Orders sent out.
- Date: 10/12/1999
- Proceedings: Respondent`s Motion for Extension of Time to File Proposed Recommended Orders filed.
- Date: 10/08/1999
- Proceedings: CASE STATUS: Hearing Held.
- Date: 10/06/1999
- Proceedings: Respondent`s Notice of Filing Exhibit; Composite Exhibit No. 20 filed.
- Date: 09/30/1999
- Proceedings: Respondent`s List of Witnesses and Request for Witness List filed.
- Date: 09/22/1999
- Proceedings: (Respondent) Notice of Taking Deposition filed.
- Date: 09/16/1999
- Proceedings: (Petitioner) Request for Admissions; Request to Produce filed.
- Date: 09/15/1999
- Proceedings: Order Denying Continuance sent out.
- Date: 09/08/1999
- Proceedings: (Respondent) Motion for Continuance filed.
- Date: 08/27/1999
- Proceedings: Notice of Hearing sent out. (hearing set for October 8, 1999; 9:00 a.m.; Tampa, FL)
- Date: 08/23/1999
- Proceedings: (Respondent) Notice of Filing of Fourth Joint Status Report filed.
- Date: 07/14/1999
- Proceedings: Third Order of Abeyance sent out. (Parties to advise status by 08/20/1999)
- Date: 07/09/1999
- Proceedings: Third Joint Status Report filed.
- Date: 07/08/1999
- Proceedings: (Respondent) Notice of Substitution of Party filed.
- Date: 05/12/1999
- Proceedings: Second Order of Abeyance sent out. (Parties to advise status by 7/12/99)
- Date: 05/07/1999
- Proceedings: Second Joint Status Report filed.
- Date: 04/13/1999
- Proceedings: Order of Abeyance sent out. (parties shall file status report by 5/12/99)
- Date: 04/05/1999
- Proceedings: Joint Status Report filed.
- Date: 03/05/1999
- Proceedings: Order for Continuance and Status Report sent out. (hearing cancelled, parties shall file status report within 30 days)
- Date: 03/03/1999
- Proceedings: Joint Motion for Continuance (filed via facsimile).
- Date: 03/01/1999
- Proceedings: Respondent`s Response to Request to Produce; Respondent`s Answers to Interrogatories filed.
- Date: 02/23/1999
- Proceedings: Order Continuing Final Hearing sent out. (Video Hearing set for 3/26/99; 9:30am; Tampa & Tallahassee)
- Date: 02/17/1999
- Proceedings: Joint Motion for Abeyance (filed via facsimile).
- Date: 02/17/1999
- Proceedings: Joint Motion for Abeyance rec`d
- Date: 02/12/1999
- Proceedings: Respondent`s Notice of Filing Exhibit 18 rec`d
- Date: 02/11/1999
- Proceedings: Respondent`s Notice of Filing Exhibits; Exhibits rec`d
- Date: 02/08/1999
- Proceedings: (Petitioner) Notice of Taking Deposition filed.
- Date: 02/04/1999
- Proceedings: Respondent`s List of Witnesses and Request for Witness List rec`d
- Date: 02/04/1999
- Proceedings: (Petitioner) Second Motion to Continue Hearing; Notice of Propounding Interrogatories; Request to Produce; Petitioner`s Response to Respondent`s Amended Notice of Denial (As Consolidated) rec`d
- Date: 01/29/1999
- Proceedings: (Respondent) Response to Response to Respondent`s Response to Motionto Continue Hearing and Motion to Strike Notice of Hearing rec`d
- Date: 01/28/1999
- Proceedings: (Petitioner) Response to Respondent`s Response to Motion to Continue Hearing and Motion to Strike Notice of Hearing rec`d
- Date: 01/20/1999
- Proceedings: (Respondent) Notice of Filing Amended Notice of Denial; Amended Notice of Denial rec`d
- Date: 01/19/1999
- Proceedings: Order Denying Motion for Continuance sent out.
- Date: 01/13/1999
- Proceedings: (Respondent) Response to Motion to Continue Hearing rec`d
- Date: 01/11/1999
- Proceedings: (Petitioner) Motion to Continue Hearing filed.
- Date: 01/07/1999
- Proceedings: Order Granting Motion to Amend Notice of Denial sent out.
- Date: 12/15/1998
- Proceedings: (Respondent) Motion to Amend Notice of Denial filed.
- Date: 12/14/1998
- Proceedings: (Respondent) Motionto Amend Notice of Denial filed.
- Date: 12/10/1998
- Proceedings: Notice of Hearing by Video Teleconference sent out. (Video Hearing set for 2/22/99; 9:30am; Tampa & Tallahassee)
- Date: 12/03/1998
- Proceedings: Order of Consolidation sent out. (Consolidated cases are: 98-4974, 98-4975 & 98-4976)
- Date: 11/24/1998
- Proceedings: (Respondent) Motion to Consolidate (Cases requested to be consolidated: 98-4974, 98-4975, 98-4976); Joint Response to Initial Order filed.
- Date: 11/16/1998
- Proceedings: Initial Order issued.
- Date: 11/05/1998
- Proceedings: Agency Referral Letter; Election of Rights; Request for A Formal Hearing, letter form; Agency Action Letter; Application for Refund; Captive Wildlife Inspections Form filed.
Case Information
- Judge:
- WILLIAM R. PFEIFFER
- Date Filed:
- 11/05/1998
- Date Assignment:
- 11/16/1998
- Last Docket Entry:
- 04/05/2000
- Location:
- Tampa, Florida
- District:
- Middle
- Agency:
- ADOPTED IN TOTO