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93-006544RP Gerald M. Ward vs. Board Of Trustees Of The Internal Improvement Trust Fund
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 22, 1997.

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Summary: Amended rule challenge petition failed to allege facts sufficient to show that the person challenging the proposed rule would be substantially affected by it.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8GERALD M. WARD, )

12)

13Petitioner, )

15)

16vs. ) Case No. 93-6544RP

21)

22BOARD OF TRUSTEES OF THE INTERNAL )

29IMPROVEMENT TRUST FUND and )

34DEPARTMENT OF ENVIRONMENTAL )

38PROTECTION, )

40)

41Respondents. )

43___________________________________)

44FINAL ORDER OF DISMISSAL

48On August 15, 1997, the Petitioner filed a Notice of

58Dismissal Without Prejudice, the effect of which is to

67voluntarily dismiss this proceeding and another related rule

75challenge proceeding. Upon consideration, it is ORDERED:

82That this case is hereby DISMISSED, and the file of the

93Division of Administrative Hearings in this matter is hereby

102CLOSED.

103DONE AND ORDERED this 22nd day of August, 1997, in

113Tallahassee, Leon County, Florida.

117___________________________________

118MICHAEL M. PARRISH

121Administrative Law Judge

124Division of Administrative Hearings

128The DeSoto Building

1311230 Apalachee Parkway

134Tallahassee, Florida 32399-3060

137(904) 488-9675 SUNCOM 278-9675

141Fax Filing (904) 921-6847

145Filed with the Clerk of the

151Division of Administrative Hearings

155this 22nd day of August, 1997.

161COPIES FURNISHED:

163Mr. Gerald M. Ward

167Post Office Box 10441

171Riviera Beach, Florida 33419

175L. Kathryn Funchess, Esquire

179Department of Environmental Protection

1833900 Commonwealth Boulevard

186Mail Station 35

189Tallahassee, Florida 32399-2400

192Liz Cloud, Chief

195Bureau of Administrative Code

199The Elliot Building

202Tallahassee, Florida 32399-0250

205Carroll Webb, Executive Director

209Administrative Procedures Committee

212Holland Building, Room 120

216Tallahassee, Florida 32399-1300

219Kathy Clark, Agency Clerk

223Department of Environmental Protection

2273900 Commonwealth Boulevard

230Mail Station No. 35

234Tallahassee, Florida 32399-3000

237F. Perry Odom, General Counsel

242Department of Environmental Protection

2463900 Commonwealth Boulevard

249Tallahassee, Florida 32399-3000

252NOTICE OF RIGHT TO JUDICIAL REVIEW

258A party who is adversely affected by this Final Order is

269entitled to judicial review pursuant to Section 120.68, Florida

278Statutes. Review proceedings are governed by the Florida Rules

287of Appellate Procedure. Such proceedings are commenced by filing

296one copy of a Notice of Appeal with the agency clerk of the

309Division of Administrative Hearings and a second copy,

317accompanied by filing fees prescribed by law, with the District

327Court of Appeal, First District, or with the District Court of

338Appeal in the appellate district where the party resides. The

348Notice of Appeal must be filed within 30 days of rendition of

360the order to be reviewed. Alternatively, a party adversely

369affected by this Final Order may bring a civil action filed in

381circuit court under Section 230.23(4)(m)5., Florida Statutes

388(Supp. 1990), or bring a civil action in Federal Court.

Dockets
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PDF
Date
Proceedings
PDF:
Date: 08/22/1997
Proceedings: DOAH Final Order
PDF:
Date: 08/22/1997
Proceedings: Final Order of Dismissal sent out. CASE CLOSED.
Date: 08/15/1997
Proceedings: (Petitioner) Notice of Dismissal Without Prejudice filed.
Date: 02/03/1997
Proceedings: (DEP) Notice of Serving Responses to Petitioner`s Request for Production filed.
Date: 02/03/1997
Proceedings: (DEP) Amended Motion for Pre-Hearing Conference filed.
Date: 02/03/1997
Proceedings: Petitioner`s Request for Continuance filed.
Date: 01/28/1997
Proceedings: (Respondent) Motion for Prehearing Conference filed.
Date: 12/31/1996
Proceedings: Petitioner`s Notice of Unavailability; Notice of First Request for Production of Documents filed.
Date: 12/02/1996
Proceedings: Petitioner`s Supplemental Status Report filed.
Date: 11/27/1996
Proceedings: Notice of Hearing sent out. (hearing set for Feb. 10-11, 1997; 9:00am; Tallahassee)
Date: 11/27/1996
Proceedings: Order sent out. (case restored to active status & set for hearing)
Date: 11/15/1996
Proceedings: Respondents' Status Report filed.
Date: 08/15/1996
Proceedings: Further Order of Abeyance sent out. (Status report due no later than 11/15/96)
Date: 07/16/1996
Proceedings: Respondent`s Response to Order Requiring Response filed.
Date: 06/26/1996
Proceedings: Order Requiring Response sent out. (Petitioner to file status by 7/15/96)
Date: 06/19/1996
Proceedings: Respondents' Motion to Relinquish Jurisdiction filed.
Date: 04/30/1996
Proceedings: Further Order of Abeyance sent out. (status report due by 6/15/96)
Date: 04/05/1996
Proceedings: (DEP) Status Report filed.
Date: 12/14/1995
Proceedings: Further Order of Abeyance sent out. (Parties to file status report by 3/1/96)
Date: 12/11/1995
Proceedings: Letter to Fourth District Court from Ann Cole sent out. (RE: Appellant's notice of voluntary dismissal)
Date: 12/01/1995
Proceedings: (Respondents) Status Report filed.
Date: 11/09/1995
Proceedings: (Petitioner) Second Motion for Extension of Time to Serve Appellant`s Initial Brief filed.
Date: 10/05/1995
Proceedings: Agreed Motion for Extension of time to serve Appellant's initial brief filed.
Date: 08/14/1995
Proceedings: Order of Abeyance sent out. (Parties to file status report by 11/30/95)
Date: 08/11/1995
Proceedings: (Respondents) Motion for Abeyance filed.
Date: 07/21/1995
Proceedings: Letter to DEP from Gerald M. Ward (Unsigned) (cc: Hearing Officer) Executive Order; Executive Order Number 95-256 filed.
Date: 05/17/1995
Proceedings: Notice of Hearing sent out. (hearing set for August 21 and 22, 1995;9:00am; Tallahassee)
Date: 05/16/1995
Proceedings: (DEP) Response to the Hearing Officer`s Order filed.
Date: 05/04/1995
Proceedings: Record Returned from 4th DCA (EM) filed.
Date: 04/26/1995
Proceedings: Order sent out. (no later than 20 days from date of this order to file preferences as to hearing dates)
Date: 04/25/1995
Proceedings: Respondent`s Response to Order to Show Cause filed.
Date: 04/25/1995
Proceedings: (Petitioner) Memorandum Supporting Hearing Officer to Show Cause filed.
Date: 04/05/1995
Proceedings: Order to Show Cause sent out.
Date: 03/30/1995
Proceedings: File reopened per Opinion & Mandate.
Date: 03/27/1995
Proceedings: Opinion and Mandate from the Fourth DCA filed.
Date: 03/24/1995
Proceedings: Mandate
PDF:
Date: 03/10/1995
Proceedings: Opinion filed.
PDF:
Date: 03/08/1995
Proceedings: Opinion
Date: 06/29/1994
Proceedings: Reply brief filed on behalf of Petitioner/Appellant, Gerald M. Ward filed.
Date: 06/27/1994
Proceedings: Index, Record, Certificate of Record sent out.
Date: 06/22/1994
Proceedings: Reply Brief Filed On Behalf of Petitioner/Appellant, Gerald M. Ward filed.
Date: 06/01/1994
Proceedings: Answer Brief of Appellees Board of Trustees of the internal improvement trust fund and Department of Environmental Protection filed.
Date: 05/09/1994
Proceedings: Initial Brief Filed on Behalf of Petitioner/Appellant, Gerald M. Wardwith Appendices A-E to the Initial Brief Filed on Behalf of Petitioner/Appellant, Gerald M. Ward filed.
Date: 04/29/1994
Proceedings: BY ORDER of THE COURT filed.
Date: 04/27/1994
Proceedings: Index & Statement of Service sent out.
Date: 04/20/1994
Proceedings: Notice of Unavailability filed.
Date: 03/11/1994
Proceedings: Letter to DOAH from DCA filed. DCA Case No. 94-621.
Date: 03/07/1994
Proceedings: Certificate of Notice of Appeal sent out.
Date: 03/07/1994
Proceedings: Notice of Appeal filed.
PDF:
Date: 02/22/1994
Proceedings: DOAH Final Order
Date: 02/22/1994
Proceedings: CASE CLOSED. Final Order of Dismissal sent out. No Hearing held.
Date: 02/17/1994
Proceedings: Petitioner`s Memorandum in Opposition to Motion to Dismiss filed.
Date: 02/16/1994
Proceedings: (DEP) Notice of Taking Deposition Duces Tecum filed.
Date: 02/07/1994
Proceedings: Respondents` Motion to Dismiss Petitioner`s Amended Petition filed.
Date: 02/02/1994
Proceedings: Order on Procedure sent out.
Date: 01/31/1994
Proceedings: (Petitioner) Amended Petition for Formal Administrative Determination of Invalidity of Proposed Rules filed.
Date: 01/25/1994
Proceedings: Letter to DOAH from Gerald M. Ward (re: filing amended petition) filed.
Date: 01/24/1994
Proceedings: CC Letter to DOAH from Gerald M. Ward (re: filing amended petition) filed.
Date: 01/18/1994
Proceedings: Order Dismissing Petition with Leave to Amend sent out.
Date: 01/11/1994
Proceedings: Order Canceling Formal Hearing sent out. (hearing date to be rescheduled at a later date)
Date: 01/11/1994
Proceedings: (DEP) Amended Notice of Taking Deposition filed.
Date: 01/10/1994
Proceedings: (DEP) Notice of Taking Deposition filed.
Date: 01/04/1994
Proceedings: (Petitioner) Memorandum Supporting Petitioner`s Standing filed.
Date: 01/03/1994
Proceedings: Memorandum Supporting Petitioner`s Standing filed. (From Gerald M. Ward)
Date: 01/03/1994
Proceedings: (DEP) Memorandum of Law in Support of Respondents` Position That Petitioner Does Not Have Standing to Challenge Rules 18-20.003 and 18-20.004, Florida Administrative Code filed.
Date: 12/30/1993
Proceedings: CC Letter to MMP from Gerald M. Ward (no enclosures) filed.
Date: 12/21/1993
Proceedings: Order on Prehearing Procedure sent out.
Date: 12/17/1993
Proceedings: Letter to MMP from Gerald M. Ward (re: Letter of December 13, 1993) filed.
Date: 12/16/1993
Proceedings: CC Letter to DOAH from Gerald M. Ward (Order of December 13, 1993); (joint) Prehearing Stipulation filed.
Date: 12/15/1993
Proceedings: Notice of Filing Proposed Changes to Proposed Amendments to Chapter 18-20, FAC w/exhibits filed.
Date: 12/13/1993
Proceedings: Order Granting Continuance and Scheduling Prehearing Conference sent out. (hearing date to be rescheduled at a later date)
Date: 12/13/1993
Proceedings: Letter to Parties of Record from MMP sent out.
Date: 12/07/1993
Proceedings: (DEP) Notice of Taking Deposition filed.
Date: 11/30/1993
Proceedings: (Respondent) Notice of Appearance filed.
Date: 11/23/1993
Proceedings: Notice of Hearing sent out. (hearing set for 12/14/93; 9:00am; Tallahassee)
Date: 11/23/1993
Proceedings: (Respondent) Notice of Appearance filed.
Date: 11/18/1993
Proceedings: Order of Assignment sent out.
Date: 11/17/1993
Proceedings: Letter to Liz Cloud & Carroll Webb from Marguerite Lockard w/cc: Agency General Counsel sent out.
Date: 11/12/1993
Proceedings: Petition for Formal Administrative Determination of Invalidity of Proposed Rules filed.

Case Information

Judge:
MICHAEL M. PARRISH
Date Filed:
03/30/1995
Date Assignment:
03/30/1995
Last Docket Entry:
08/22/1997
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Environmental Protection
Suffix:
RP
 

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Related Florida Statute(s) (2):