08-002203RU City Of Jacksonville vs. St. Johns River Water Management District Status: Closed DOAH Final Order on Friday, May 30, 2008.

Summary: Agency implementation of statute requiring review of cumulative impacts is not a rule.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CITY OF JACKSONVILLE, )

)

Petitioner, )

)

vs. ) Case No. 08-2203RU

)

ST. JOHNS RIVER WATER )

MANAGEMENT DISTRICT, )

)

Respondent, )

)

and )

)

SEMINOLE COUNTY and CITY OF SANFORD, )

)

)

Intervenors. )

)

SUMMARY FINAL ORDER OF DISMISSAL

On May 21, 2008, the St. Johns River Water Management

District (SJRWMD) filed a Motion for Summary Final Order, which

Seminole County supports. Petitioner filed a response in

opposition. (The City of Sanford voluntarily dismissed.)

Based on a review of the filings, it is clear that SJRWMD does not have a policy not to review cumulative impacts in

connection with the review of applications to withdraw and use

surface water. The manner in which SJRWMD reviews cumulative

impacts is not a rule under Section 120.52(15), Florida Statutes.

If there is a dispute as to whether the manner in which SJRWMD

reviews cumulative impacts complies with Section 373.019(2),

Florida Statutes, that dispute would be a matter for proceedings

under Sections 120.569 and 120.57, Florida Statutes, not

proceedings under Section 120.56(4), Florida Statutes.

For these reasons, a summary final order is appropriate

under Section 120.57(1)(h), Florida Statutes, and the Motion for

Summary Final Order is granted. (The final hearing scheduled for

June 3, 2008, is canceled, and the Joint Emergency Motion to

Quash Subpoena filed by SJRWMD and Seminole County is granted.)

DONE AND ENTERED this 30th day of May, 2008, in Tallahassee,

Leon County, Florida.

S

J. LAWRENCE JOHNSTON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 30th day of May, 2008.

COPIES FURNISHED :

Kirby B. Green, III, Executive Director

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177

Liz Cloud, Program Administrator

Administrative Code

Department of State

R. A. Gray Building, Suite 101

Tallahassee, Florida 32399

Scott Boyd, Executive Director

And General Counsel

Administrative Procedures Committee

Holland Building, Room 120

Tallahassee, Florida 32399-1300

Seann M. Frazier, Esquire

Greenberg Traurig, P.A.

101 East College Avenue

Tallahassee, Florida 32302

Cindy A. Laquidara, Esquire

City of Jacksonville

117 West Duval Street, Suite 480

Jacksonville, Florida 32202

Edward P. de la Parte, Jr., Esquire

de la Parte & Gilbert, P.A.

101 East Kennedy Boulevard, Suite 3400

Tampa, Florida 33601-2350

Timothy A. Smith, Esquire

St. Johns River Water Management District

4049 Reid Street

Palatka, Florida 32177

Karen C. Coffman, Esquire

St. Johns River Water

Management District

4049 Reid Street

Palatka, Florida 32177

Karen A. Brodeen, Esquire

Fowler White Boggs Banker, P.A.

101 North Monroe Street, Suite 1090

Post Office Box 11240

Tallahassee, Florida 32302-1240

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Summary Final Order of

Dismissal is entitled to judicial review pursuant to Section

120.68, Florida Statutes. Review proceedings are governed by the

Florida Rules of Appellate Procedure. Such proceedings are

commenced by filing the original Notice of Appeal with the agency

clerk of the Division of Administrative Hearings and a copy,

accompanied by filing fees prescribed by law, with the District

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

Appeal in the Appellate District where the party resides. The

notice of appeal must be filed within 30 days of rendition of the

order to be reviewed.