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12-000157RP Florida Wildlife Federation, Inc.; Sierra Club, Inc.; Conservancy Of Southwest Florida, Inc.; Environmental Confederation Of Southwest Florida, Inc.; And St. Johns Riverkeeper, Inc. vs. Department Of Environmental Protection
 Status: Closed
DOAH Final Order on Thursday, June 7, 2012.

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Summary: Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
  • Document: Mandate
  • Issued: 03/13/2013
  • Document: Opinion
  • Issued: 02/25/2013
  • Document: DOAH Final Order
  • Issued: 06/07/2012
  • Summary: Petitioners failed to prove the DEP's narrative nutrient rule was an invalid exercise of delegated legislative authority. DEP proved the proposed changes to chapters 62-302 & 62-303 were not invalid exercises of delegated legislative authority.
Dockets
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Date
Proceedings
PDF:
Date: 06/12/2013
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
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Date: 03/13/2013
Proceedings: Mandate
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Date: 03/13/2013
Proceedings: Mandate filed.
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Date: 03/13/2013
Proceedings: Opinion filed.
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Date: 02/25/2013
Proceedings: Opinion
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Date: 08/07/2012
Proceedings: Index, Record, and Certificate of Record sent to the First District Court of Appeal.
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Date: 07/19/2012
Proceedings: Index (of the Record) sent to the parties of record.
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Date: 07/19/2012
Proceedings: Invoice for the record on appeal mailed.
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Date: 07/09/2012
Proceedings: Amended Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
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Date: 07/09/2012
Proceedings: Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
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Date: 07/09/2012
Proceedings: Amended Notice of Administrative Appeal filed.
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Date: 07/09/2012
Proceedings: Notice of Administrative Appeal filed.
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Date: 06/07/2012
Proceedings: DOAH Final Order
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Date: 06/07/2012
Proceedings: Final Order (hearing held February 27-29, and March 1-2, and 5, 2012). CASE CLOSED.
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Date: 05/16/2012
Proceedings: Corrected Notice of Pending Federal Action filed.
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Date: 05/15/2012
Proceedings: Notice of Pending Federal Action filed.
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Date: 04/12/2012
Proceedings: Petitioners' Notice of Errata (With Attached Proposed Final Order) filed.
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Date: 04/09/2012
Proceedings: Petitioners' Proposed Final Order filed.
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Date: 04/09/2012
Proceedings: Florida Department of Environmental Protection's and South Water Management District's Joint Proposed Final Order filed.
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Date: 04/09/2012
Proceedings: Intervenors' Joint Proposed Final Order and Memorandum of Law filed.
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Date: 04/06/2012
Proceedings: Order (granting Joint Motion for Enlargement of Page Limits for Proposed Final Orders).
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Date: 04/04/2012
Proceedings: Petitioners' and Respondents' Joint Motion for Enlargement of Page Limits for Proposed Final Orders filed.
Date: 03/29/2012
Proceedings: Transcript of Proceedings (volumes 1-10) filed.
Date: 03/29/2012
Proceedings: Transcript of Proceedings (Volumes I-10) filed.
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Date: 03/06/2012
Proceedings: Exhibit 717 filed.
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Date: 03/05/2012
Proceedings: Petitioners' Notice of Providing Copy of Exhibit 717 to Administrative Law Judge Bram Canter filed.
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Date: 02/29/2012
Proceedings: Petitioners' Notice of Filing Notice of Intention to Use a Summary Exhibit filed.
Date: 02/27/2012
Proceedings: CASE STATUS: Hearing Held.
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Date: 02/27/2012
Proceedings: Petitioners' Notice of Use of Summary Exhibit filed.
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Date: 02/27/2012
Proceedings: Notice of Appearance (Alisa Coe) filed.
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Date: 02/27/2012
Proceedings: Petitioners' Response to DEP's Motions to Dismiss and in Limine and to DEP's Notice of Technical Change Regarding Law Implemented filed.
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Date: 02/27/2012
Proceedings: Pre-hearing Stipulation filed.
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Date: 02/23/2012
Proceedings: Petitioners' Amended Notice of Taking Deposition Duces Tecum of Robert H. Weisberg filed.
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Date: 02/22/2012
Proceedings: Intervenors' List of Witnesses filed.
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Date: 02/22/2012
Proceedings: Notice of Service of Intervenor South Florida Water Management District's Responses to Petitioners' Second Request to Admit filed.
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Date: 02/22/2012
Proceedings: Intervenor's Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association, Notice of Joinder in the Florida Department of Environmental Protection's Motion in Limine and Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed.
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Date: 02/22/2012
Proceedings: Intervenors' List of (Proposed) Exhibits filed.
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Date: 02/22/2012
Proceedings: Intervenor, Florida Sugar Cane League's, Notice of Joinder in the Florida Department of Environmental Protection's Motion in Limine and Motion to Dismiss for Lack of Subject-Matter Jurisdiction (filed in Case No. 12-000157RP).
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Date: 02/22/2012
Proceedings: Department of Environmental Protection's Answers to Petitioners' Fourth Request to Admit filed.
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Date: 02/22/2012
Proceedings: Intervenors' Response to Petitioners' Second Request to Admit filed.
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Date: 02/22/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of Robert H. Weisberg filed.
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Date: 02/21/2012
Proceedings: Notice of Service of Intervenor, Florida Sugar Cane League's Response to Petitioners' First Request to Admit filed.
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Date: 02/21/2012
Proceedings: Order Granting Extension of Time.
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Date: 02/21/2012
Proceedings: Notice of Cancellation of Deposition (Jean Marie Boyer) filed.
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Date: 02/21/2012
Proceedings: Notice of Disposition of Related Case filed.
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Date: 02/21/2012
Proceedings: Notice of Service of Intervenor South Florida Water Management District's Responses to Petitioners' First Request to Admit filed.
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Date: 02/21/2012
Proceedings: Petitioners' Unopposed Motion for Extension of Time to Respond to Respondent FDEP's Motion to Dismiss, Motion in Limine, and Notice of Technical Change filed.
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Date: 02/21/2012
Proceedings: Intervenors' Response to Petitioners' First Request to Admit filed.
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Date: 02/21/2012
Proceedings: Amended Notice of Taking Deposition Duces Tecum of Intervenor, Clay County Utility Authority (Amended as to Location) filed.
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Date: 02/21/2012
Proceedings: Clay County Utility Authority's Response to Petitioners' Second Request to Admit filed.
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Date: 02/20/2012
Proceedings: Department of Environmental Protection's Answers to Petitioners' Third Request to Admit filed.
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Date: 02/20/2012
Proceedings: Department of Environmental Protection's Answers to Petitioners' Second Request to Admit filed.
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Date: 02/20/2012
Proceedings: FCG Environmental Committee's Response to Petitioners' Second Request to Admit filed.
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Date: 02/17/2012
Proceedings: Department of Environmental Protection's Notice of Technical Change Regarding Law Implemented For Existing and Proposed Rules Under Challenge filed.
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Date: 02/17/2012
Proceedings: Department of Environmental Protections's Motion in Limine filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Intervenors' Responses to Petitioners' First Request for Admissions filed.
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Date: 02/17/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of Julie Epsy filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to South Florida Water Management District filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to Florida Sugar Cane League filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to Florida Electric Power Coordinating Group Environmental Committee filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co. Inc., Emerald Coast Utilities Authority, and Florida Stormwater Association filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to CCU filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Fourth Request to Admit to Respondent DEP filed.
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Date: 02/17/2012
Proceedings: FCG Environmental Committee's Response to Petitioner's First Requests to Admit filed.
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Date: 02/17/2012
Proceedings: Clay County Utility Authority's Response to Petitioners' First Request to Admit filed.
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Date: 02/17/2012
Proceedings: Notice of Service of Petitioners' Fifth Request for Production to Respondent DEP filed.
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Date: 02/16/2012
Proceedings: Department of Environmental Protection's Motion to Dismiss for Lack of Subject-Matter Jurisdiction filed.
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Date: 02/16/2012
Proceedings: Order (denying motion for summary final order).
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Date: 02/16/2012
Proceedings: Motion for Summary Final Order filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' Fourth Request to Produce to Respondent DEP filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' Third Request to Admit to Respondent DEP filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' First Request to Admit to Florida Sugar Cane League filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' First Request to Admit to Florida Electric Power Coordinating Group Environmental Committee filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' First Request to Admit to South Florida Water Management District filed.
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' First Request to Admit to Clay County Utility Authority filed.
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Date: 02/15/2012
Proceedings: Petitioners' First Request to Admit to Intervenors Florida Pulp and Paper Association Environmental Affairs, Inc., and Florida Fruit and Vegetable Association filed.
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Date: 02/15/2012
Proceedings: Order (granting all requests for intervention).
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Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' First Request to Admit to Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co. Inc., Emreald Coast Utilities Authority, and Florida Stormwater Association filed.
PDF:
Date: 02/15/2012
Proceedings: Notice of Service of Petitioners' Second Request to Admit to Respondent DEP filed.
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Date: 02/15/2012
Proceedings: Department of Environmental Protection's Response to Petitioners' First Request to Admit filed.
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Date: 02/14/2012
Proceedings: Unopposed Motion to Intervene in Consolidated Case filed.
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Date: 02/14/2012
Proceedings: Notice of Taking Deposition Duces Tecum of Tony Janicki filed.
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Date: 02/14/2012
Proceedings: Intervenors' Amended Notice of Taking Depositions Duces Tecum (of B. LaPoint, A. Stewart and J. Burkholder) filed.
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Date: 02/13/2012
Proceedings: Order (on Motion for Summary Final Order).
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Date: 02/13/2012
Proceedings: Notice of Service of Petitioners' Amended Response to Intervenors, Florida League of Cities, James Sartori, Denstin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's Second Set of Interrogatories to Petitioners filed.
PDF:
Date: 02/13/2012
Proceedings: Notice of Service of Petitioners' Response to Intervenors, Florida League of Cities, James Sartori, Denstin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's Second Set of Interrogatories to Petitioners filed.
PDF:
Date: 02/10/2012
Proceedings: Notice of Service of Petitioners First Request to Admit to Respondent DEP filed.
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Date: 02/10/2012
Proceedings: Notice of Service of Petitioners' Third Request for Production to Respondent DEP filed.
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Date: 02/10/2012
Proceedings: Intervenor, Florida Electric Power Coordinating Group, Inc. Environmental Committee's Notice of Service of Supplemental Responses to Petitioners' First Set of Interrogatories filed.
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Date: 02/10/2012
Proceedings: Petitioners' Cross Notice of Taking Videotaped Preservation Deposition of John Burns filed.
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Date: 02/10/2012
Proceedings: Amended Notice of Hearing.
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Date: 02/10/2012
Proceedings: Petitioners' Notice of Filing Attachments to Petitioners' Response to Respondent's Motion for Summary Dismissal filed.
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Date: 02/09/2012
Proceedings: Petitioners' Response to DEP's Motion for Summary Dismissal filed.
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Date: 02/09/2012
Proceedings: Response to Petitioners' First Request to Produce to Intervenor, Clay County Utility Authority filed.
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Date: 02/09/2012
Proceedings: Notice of Taking Deposition Duces Tecum of Intervenor, Clay County Utility Authority filed.
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Date: 02/09/2012
Proceedings: Amended Order of Pre-hearing Instructions.
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Date: 02/08/2012
Proceedings: Notice of Appearance (Jeffrey Brown) filed.
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Date: 02/08/2012
Proceedings: Amended Agreed Motion for Scheduling Order filed.
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Date: 02/08/2012
Proceedings: Agreed Motion for Scheduling Order filed.
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Date: 02/08/2012
Proceedings: Intervenors' Response to Petitioners' First Request for Production of Documents filed.
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Date: 02/08/2012
Proceedings: Intervenors' Notice of Taking Deposition Duces Tecum (of J. Burns, B. LaPoint, A. Stewart, and J. Burkholder) filed.
PDF:
Date: 02/07/2012
Proceedings: Petitioners' Response to Intervenors' Motion for Status Conference and to Require Completion of Expert Opinions filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of Christopher Madden filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of Thomas A. DeBusk filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of David Bolam filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of David W. Dilks filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Depositions Duces Tecum of Respondent's Witnesses Russel Frydenborg and David Whiting filed.
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Date: 02/07/2012
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum of Respondent's Witness Kenneth Weaver filed.
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Date: 02/06/2012
Proceedings: Intervenors Joinder in Respondent, Department of Environmental Protection's, Motion for Summary Final Order filed.
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Date: 02/06/2012
Proceedings: Notice of Appearance (Stacey Cowley) filed.
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Date: 02/06/2012
Proceedings: Notice of Telephonic Status Conference filed.
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Date: 02/06/2012
Proceedings: Florida Sugar Cane League's, Florida Pulp and Paper Association Environmental Affairs, Inc.'s and Florida Fruit and Vegetable Association's Joinder in the Florida Department of Environmental Protection's Motion for Summary Final Order (filed in Case No. 12-000157RP).
PDF:
Date: 02/03/2012
Proceedings: Intervenor, South Florida Water Management District's Motion Concurring with Department of Environmental Protection's Motion for Summary Final Order filed.
PDF:
Date: 02/03/2012
Proceedings: Intervenors, Florida League of Cities, James Sartori, Destin Water Users, Inc., South Walton County Utility Co., Inc., and Emerald Coast Utilities Authority's, Notice of Service of Second Set of Interrogatories to Petitioners filed.
PDF:
Date: 02/03/2012
Proceedings: Motion for Status Conference and to Require Completion of Expert Opinions filed.
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Date: 02/03/2012
Proceedings: Notice of Service of Petitioners' First Request for Production to Intervenors Destin Water Users, South Walton Utility Authority and Emerald Coast Utilities Authority filed.
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Date: 02/03/2012
Proceedings: Notice of Service of Petitioners' First Request for Production to Intervenor Clay County Utility Authority filed.
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Date: 02/03/2012
Proceedings: Notice of Service of Petitioners' Second Request for Production to Respondent DEP filed.
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Date: 02/02/2012
Proceedings: Department of Environmental Protection's Motion for Summary Final Order filed.
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Date: 01/31/2012
Proceedings: Notice of Appearance (Rick Burgess) filed.
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Date: 01/30/2012
Proceedings: Notice of Appearance (Matthew Coglianese; filed in Case No. 12-000157RP).
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Date: 01/30/2012
Proceedings: Notice of Service of Petitioners' Answers to Intervenor Clay County Utility Authority's First Set of Interrogatories to Petitioners filed.
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Date: 01/26/2012
Proceedings: Intervenor, Florida Electric Power Coordinating Group, Inc. Environmental Committee's Notice of Service of Responses to Petitioners' First Set of Interrogatories filed.
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Date: 01/24/2012
Proceedings: Notice of Service of Intervenor, Florida Sugar Cane League's Answers to Petitioners' First Set of Interrogatories filed.
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Date: 01/20/2012
Proceedings: Notice of Service of Intervenor, South Florida Water Management District's, Answers to Petitioners' First Set of Interrogatories filed.
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Date: 01/20/2012
Proceedings: Amended Notice of Hearing (hearing set for February 27 through March 2, 2012; 9:00 a.m.; Tallahassee, FL; amended as to dates of hearing).
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Date: 01/20/2012
Proceedings: Department of Environmental Protection's Response to Petitioners' Unopposed Motion for Continuance filed.
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Date: 01/20/2012
Proceedings: Petitioners' Unopposed Motion for Continuance of Hearing to February 27 through March 2, 2012 filed.
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Date: 01/19/2012
Proceedings: Order Granting Petition to Intervene (Florida Stormwaer Association, Inc.).
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Date: 01/19/2012
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Florida Electric Power Coordinating Group, Inc. Environmental Committee filed.
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Date: 01/19/2012
Proceedings: Notice of Service of Petitioners' First Set of Interrogatories to Intervenor Florida Sugar Cane League filed.
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Date: 01/18/2012
Proceedings: Florida Stormwater Association, Inc.'s Petition to Intervene filed.
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Date: 01/18/2012
Proceedings: Order Granting Petitions to Intervene (Florida RFuit and Vegetable Association and Florida Sugar Cane League).
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Date: 01/18/2012
Proceedings: Notice of Service of Petitioners' Response to Clay County Utility Authority's First Request for Production filed.
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Date: 01/18/2012
Proceedings: Notice of Service of Petitioners' Response to Clay County Utility Authority's First Request for Admissions filed.
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Date: 01/17/2012
Proceedings: Petition to Intervene (filed by Florida Fruit and Vegetable Association) filed.
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Date: 01/17/2012
Proceedings: Florida Sugar Cane League's Petition to Intervene filed.
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Date: 01/17/2012
Proceedings: Notice of Appearance (David Childs) filed.
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Date: 01/17/2012
Proceedings: Order of Consolidation (DOAH Case Nos. 11-6137RP and 12-0157RP).
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Date: 01/13/2012
Proceedings: Order of Assignment.
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Date: 01/13/2012
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
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Date: 01/12/2012
Proceedings: Petitioners' Unopposed Motion for Consolidation with DOAH Case No. 11-6137 filed.
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Date: 01/12/2012
Proceedings: Corrected Petition to Invalidate Amendments to Proposed Rules of the Florida Department of Environmental Protection filed.
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Date: 01/12/2012
Proceedings: Petitioners' Notice of Errata filed.
PDF:
Date: 01/11/2012
Proceedings: Petition to Invalidate Amendments to Proposed Rules of the Florida Department of Environmental Protection filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
01/12/2012
Date Assignment:
01/13/2012
Last Docket Entry:
06/12/2013
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Environmental Protection
Suffix:
RP
 

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