14-002417 Dump The Pumps, Inc., And Gail Kulikowsky, And Margaret Schwing vs. Florida Keys Aqueduct Authority And Department Of Environmental Protection
 Status: Closed
Recommended Order on Tuesday, February 3, 2015.


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Summary: Petitioners did not prove, by a preponderance of the evidence, that Respondent failed to provide reasonable assurance entitling it to issuance of wastewater collection systems permits. Recommend issuance of permits.

1STATE

2DEPARTMENT OF

4THE PUMPS, ET

7FLORIDA 14-2415

9) OF )

12PROTECTION, )

14FINAL

15("ALJ with

1814-2416 ("DOAH on 2015 submitted Order to

26the ("DEP or "Department in

32RO is

34On February 2015, counsel Inc.,

39Theresa Gail Kulikowsky,

42Curlee Petitioners , filed a

46Order dated 2015 and

50file their 5:00 p 20

55February 20 pursuant Code 28-

60106 counsel filed a

64Counsel to

66The Petitioner DTP timely filed its written Exceptions on February 20 , 2015. The

79individual Petitioners did not file any Exceptions . The Respondents, DEP and Florida

92Keys Aqueduct Authority ( " FKAA " ) , filed responses on February 26 and 27 , 2015 ,

106respectively . This matter i s now on administrative rev i ew before the Secretary of the

123Department for final agency action.

128BACKGROUND

129In 2010 , the Florida Legislature enacted section 403.086(10) of the Florida

140Statutes ("F . S. " ) . In that statute , the Legislature found that the discharge of

157inadequately treated and managed domestic wastewater from small wastewater

166facilities and septic tanks and other onsite systems in the Florida Keys comprom i ses the

182coastal environment, including the nearshore and offshore waters , and threatens the

193quality of life and local economies that depend on these resources . The statute further

208found that the only practica l and cost-effective way to improve wastewater management

221in the Florida Keys is for the local governments in Monroe County - which includes

236FKAA - to timely complete the wastewater and sewage treatment and disposal facilities

249pursuant to the June 2000 Monroe County Sanitary Master Wastewater Plan ( " Master

262Plan " ). To that end , the statute mandates completion by December 31 , 2015 , of certain

277wastewater facilities identified in the Master Plan , including those at issue in these

290proceedings.

291To implement the Master Plan and th i s legislative mandate , Monroe County and

305FKAA entered into an interlocal agreement , which established FKAA's responsibilities to

316design , construct , operate, and maintain the central wastewater collection and treatment

327system . The Cudjoe Regional Wastewater System ( " CRWS " ) i s a component of this

343central wastewater collection and treatment system . It will serve the Cudjoe Regional

356Wastewater Service Area, which covers portions of Lower Sugarloaf Key, Upper

367Sugarloaf Key , Cudjoe Key , Summerland Key, Ramrod Key, Little Torch Key, and Big

380Pine Key . The CRWS consists of three elements: a collection system, which collects

394wastewater from serviced properties; a transmission system, which transmits

403wastewater from the collection system to the treatment plant ; and a wastewater

415treatment plant. These proceedings only involve challenges to certain components of

426the wastewater collection system .

431On various dates , FKAA applied to DEP for permits to authorize construction of

444portions of the CRWS, which includes the Permits at Issue. On various dates , DEP

458issued notices of intent to issue permits to FKAA , including the four permits at issue in

474these proceedings ("Permits at lssue " ) . 1 The Petitioners timely challenged the proposed

489agency actions to grant the Permits at Issue, as well as other permits no longer at issue

506in these proceedings . The final hearing was held on September 29 and 30, and

521October 1, 2014 , in Key West , Florida . The five-volume Transcript was filed on

535November 13, 2014 , and the parties were given ten days , until November 24 , 2014, to

550file their proposed recommended orders. The proposed recommended orders were

560timely filed and the ALJ subsequently issued the RO on February 3, 2015.

5731 The four Permits at Issue authorize the dryline construction of portions of the subject

588wastewater collection system : (1) Permit 19 for Upper Sugarloaf Key , (2) Permit 25 for

603Cudjoe Key, (3) Permit 18 for Big Pine Key North , and (4) Permit 27 for Big Pine Key

621South. (RO mf 29-39).

625SUMMARY OF THE RECOMMENDED ORDER

630In the RO , the ALJ recommended that the Department enter a final order

643approving issuance of the Permits at Issue. (RO at pages 89-90) . The ALJ concluded

658that FKAA satisfied its burden to establish prima facie entitlement to the Permits at

672Issue. (RO 1f1l 86 , 95, 101 , 110 , 119 , 125, 135 , 140 , 154 , 165 , 168 , 191, 207, 246, 24 7,

691251 ). The ALJ further concluded that the Petitioners alleged numerous grounds for

704denial of the Permits at Issue , but did not prove that the proposed wastewater

718collections systems, as designed , fail to comply with or violate app l icable DEP ru l es and

736technical manuals and other applicable standards . (RO 1f1f85 , 94 , 100 , 109 , 118, 124 ,

750134, 139 , 153 , 164 , 169, 174 , 180 , 183 , 190 , 208 , 210 , 249) . Thus , the ALJ ult i mately

769concluded that FKAA provided reasonable assurances that the wastewater collections

779systems met all applicable permitting standards and requirements . (RO 1f250) .

791Standing

792The ALJ found that the individual Petitioners demonstrated standing to initiate

803and participate as parties to these proceedings . (RO 1J 217). They presented evidence

817aimed at show i ng that the grinder pumps and other features of the wastewater

832collection systems were inadequately or incorrectly designed and inappropriate for use

843i n the Florida Keys, and that, as a result , the pumps and other system components

859would malfunction or fail , releasing wastewater, causing environmental harm and

869property damage . (RO 1f217). The ALJ concluded that although the Petitioners did not

883prove these allegations , they presented evidence at the hearing showing that they have

896a substantial interest in the use and enjoyment of the nearshore environment in the

910Florida Keys and in their own property , and that they would suffe r signif ic ant i njury to

929these interests if they were correct regarding the alleged wastewater collection systems

941design flaws, failure , and noncompliance with DEP rules. (RO 201-206, 217).

952The ALJ concluded that DTP met the test for associational standing . (RO 219-

966222) . The ALJ found that the evidence established that a substantial number of DTP's

981members reside on or near property that may be serviced by a grinder pump , and a

997substantial number of DTP's members use and enjoy the nearshore waters and

1009environment of the Florida Keys. (RO 195-197 , 219) . The ALJ found that DTP was

1024organized for the specific purpose of opposing the use of grinder pumps as part of the

1040CRWS wastewater collection systems, and these proceedings were brought to oppose

1051issuance of DEP permits authorizing the construction of wastewater collection systems

1062that include grinder pumps as a component. Thus , the subject matter of these

1075proceedings is within DTP's general scope and purpose. (RO 194, 220). The ALJ

1088further found that DTP ' s request that the Permits at Issue be denied is the type of relief

1107appropriate for DTP to receive on behalf of its members. (RO 221 ).

1120STANDARDS OF REVIEW OF DOAH RECOMMENDED ORDERS

1127Section 120 .57(1 )(I), Florida Statutes, prescribes that an agency reviewing a

1139recommended order may not reject or modify the findings of fact of the ALJ " unless the

1155agency first determines from a review of the entire record , and states with particularity in

1170the order, that the findings of fact were not based on competent substantial evidence. "

1184§ 120.57(1)(1) , Fla . Stat. (2014); Charlotte Cty . v . fMC Phosphates Co., 18 So . 3d 1089

1203(Fla. 2d DCA 2009); Wills v. Fla. Elections Comm ' n, 955 So. 2d 61 (Fla. 1st DCA 2007).

1222The term "competent substantial evidence " does not relate to the quality , character ,

1234convincing power , probative value or weight of the evidence . Rather , "competent

1246substant i al evidence " refers to the existence of some evidence ( quantity) as to each

1262essential element and as to its admissibility under legal rules of ev i dence. See e . g. ,

1280Scholastic Book Fairs , Inc . v . Unemployment Appeals Comm ' n, 671 So. 2d 287 , 289 n . 3

1300(Fla . 5th DCA 1996) ; Nunez v . Nunez , 29 So . 3d 1 191 , 1192 (F l a. 5th DCA 201 0) .

1324A review i ng agency may not reweigh the evidence presented at a DOAH final

1339hearing , attempt to resolve conflicts there i n , or judge the credibi l ity of witnesses . See ,

1357e . g ., Rogers v . Dep ' t of Health , 920 So. 2d 27 , 30 (F l a . 1st DCA 2005) ; Belleau v . Dep ' t

1387of Envtl. Prot . , 695 So . 2d 1305 , 1307 (Fla . 1st DCA 1997) ; Dunham v . Highlands Cty.

1407Sch. Bd ., 652 So . 2d 894 (Fla . 2d DCA 1995) . If there is competent substant i al

1428ev i dence to support an ALJ ' s findings of fac t , it i s irrelevant that t he r e may also be

1453competent substantial e vi dence support i ng a contrary finding . See , e . g. , Arand

1470Construction Co . v . Dyer , 592 So. 2d 276 , 280 (Fla . 1st DCA 1991) ; Conshor , Inc. v .

1490Roberts , 498 So . 2d 622 ( F l a. 1st DCA 1986 ) .

1505The ALJ's decision to accept the test i mony of one expert witness over that o f

1522another expert is an evidentiary ruling that cannot be altered by a reviewing agency ,

1536absent a complete lack of any competen t substantial evidence of record s u pport i ng this

1554dec i s i on . See , e . g ., Peace River / Manasota Reg i onal Water S u pply Authority v . fMC

1580Phosphates Co . , 18 So . 3d 1079 , 1088 ( Fla . 2d DCA 2009) ; Collier Med . Ctr . V . State ,

1603Dep ' t of HRS , 462 So . 2d 83 , 85 (Fla . 1 st DCA 1 985 ); Fla . Chapter of Sierra Club v .

1630Orlando Utils. Comm ' n , 436 So . 2d 383 , 389 ( F la . 5th DCA 1 983 ) . In addit i on , an

1656agency has no authority t o make i ndependent or supplementa l f i ndings of fact. See ,

1674e . g . , North Port , Fla. v . Conso/ . Minerals , 645 So . 2d 485 , 487 ( Fla . 2d DCA 1994) .

1699Sec t ion 120 . 57 ( 1 )(1) , F l orida Sta t utes , author i zes an agency to r eject or modify

1724an A L J ' s conclusions o f law and i nterpretations of adm i n i s t rat i ve rules " over which it has

1752substantive jurisdiction ." See Barfield v . Dep ' t of Health , 805 So . 2d 1008 (Fla . 1st DCA

17732001 ) ; LB . Bryan & Co . v. Sch. Bd . of Broward Cty., 746 So . 2d 1194 (Fla . 1st DCA

17971999) ; Deep Lagoon Boat Club , Ltd. v . Sheridan , 784 So . 2d 1140 (Fla . 2d DCA 2001 ) .

1818Considerable deference should be accorded to these agency interpretations of statutes

1829and rules within their regulatory jur i sdict i on , and such agency in t erpretat i ons should not

1849be overturned unless " clearly erroneous ." See , e . g . , Falk v . Beard , 614 So . 2d 1 086 ,

18701089 ( Fla . 1993) ; Dep ' t of Envtl. Regulation v . Goldring , 477 So . 2d 532 , 534 (F l a .

18941985 ). Furthermore , agency in t erpretations of statutes and rules w i thin their regu l atory

1912jur i sdiction do not have to be the only reasonable i nterpretations . It is enough if such

1931agency interpretations are " permiss i ble " ones. See , e . g ., Suddath Van Lines , Inc . v .

1950Dep ' t of Envtl. Prot ., 668 So. 2d 209 , 2 1 2 (Fla . 1st DCA 1996) .

1970Agencies do not have ju r isdiction , however , to modify or r e j ect rulings on the

1988admissib i lity of ev i dence . Eviden t iary rul i ngs of the ALJ that deal w it h " factual i ssues

2013susceptible to ordinary methods of proof that are not infused w i t h [agency] policy

2029considerations ," are not matters over wh i ch the agency has " substant i ve ju ri sd i ction ."

2049See Martuccio v . Dep ' tofProf'l Regulation , 622 So . 2d 607,609 (Fla. 1st DCA 1993) ;

2067Heifetz v . Dep ' t of Bus . Regulat i on , 475 So . 2d 1277 , 1281 (Fla . 1st DCA 1985) ; Fla .

2092Power & Light Co . v . Fla . Siting Bd . , 693 So . 2d 1025 , 1028 (Fla . 1st DCA 199 7 ) .

2118Eviden t iary rulings are matters w it hin the ALJ ' s sound " prerogative ... as t he f inde r of

2141fact " and may no t be reversed on agency review . See Martu c c i o , 622 So . 2d at 609 .

2165RULINGS ON EXCEPTIONS

2168A party that files no exceptions to certain findings of fact " has thereby expressed

2182its agreement with , or at least waived any objection to , those findings of fact. " Envtl .

2198Coalition of Fla. , Inc. v . Broward Cty ., 586 So . 2d 1212 , 1213 (Fla . 1st DCA 1991 ) ; see

2220also Colonnade Med i cal Ctr ., Inc. v . State of Fla. , Agency for Health Care Admin . , 847

2240So . 2d 540 , 542 (Fla. 4th DCA 2003). However , an agency head reviewing a

2255recommended order is free to modify or reject any erroneous conclusions of law over

2269which the agency has substantive jurisdiction , even when exceptions are. not filed . See

2283§ 120 . 57(1 )(1), Fla . Stat. (2014) ; Barfield v . Dep ' t of Health , 805 So. 2d 1008 (Fla . 1st

2307DCA 2001) ; Fla . Public Employee Council , 79 v. Daniels, 646 So . 2d 813 , 816 (Fla . 1st

2326DCA 1994 ) .

2330General Exceptions

2332DTP's Exceptions contain general statements (paragraphs 1 through 4) d i rected

2344to the RO . These general statements do no t comply with the requirements of Section

2360120 . 57(1 )(k) , Florida Statutes . Under Section 120 . 57(1 )(k) , an "agency need not rule on

2379an except i on that does not clearly identify the d i sputed portion of the recommended

2396order by page number or paragraph, that does not identify the legal basis for the

2411exception , or that does not include appropr i ate and specific citations to the reco r d ." §

2430120 . 57(1)(k) , Fla. Stat. (2014) .

2437Therefore , to the extent that DTP ' s general statements can be considered as

" 2451exceptions, " they are denied .

2456FKAA ' s Request to Strike/Deny Exceptions

2463FKAA ' s response to DTP ' s written exceptions requests that the Departmen t

2478str i ke or deny the exceptions on the ground that the exceptions are a null i ty because

2497DTP is no longer represented by an attorney . As authority , FKAA cites case law that

2513states a corporation , unlike a natural person, cannot represent itself and appear in a

2527court of law without an attorney . See Sztienbaum v. Kaes lnversiones y Valores , C.A. ,

2542476 So. 2d 247, 248 (Fla. 3d DCA 1985) . FKAA also argues that , although serving as

2559DTP ' s pres i dent, Mr. Banks Prevatt ( who signed and filed DTP ' s written exceptions) , is

2579not an attorney and i s not authorized as DTP ' s qua li fied representative . See §

2598120 . 57(1)(b) , Fla . Stat. (2014); Fla . Admin. CodeR. 28 - 106 . 106 .

2615Contrary to FKAA ' s argument and as noted in footnote 10 of the Sztienbaum

2630case , a corporation can represent itself i n adm i nistra t ive proceedings under Chapter

2646120 of the Florida Statutes. See Sztienbaum , 4 76 So . 2d at 252, n . 1 0 ; see also

2666Magnolias Nursing and Convalescent Center v . Dep ' t of Health and Rehabilitative

2680Services , 428 So. 2d 256, 257 (Fla . 1s t DCA 1 982)(reflecting that self-presentation by

2696corporations is permissible i n administrative proceed i ngs) .

2706Therefore , FKAA ' s request to strike or deny DTP ' s written exceptions , signed and

2722filed by DTP's president, is denied.

2728PETITIONER DTP'S EXCEPTIONS

2731Scouring Velocity

2733DTP takes exception to paragraphs 71-83 and 86 , where the ALJ ultimately

2745found that FKAA proved that the wastewater collection systems , as designed , will not

2758experience wastewater backups or releases into the environment as a result of

2770inadequa t e scou r ing velocity . ( RO 86) . DTP essentially objects to the ALJ ' s resolut i on

2793of confl i cting expert testimony and judgments regard i ng witness credibility. DTP also

2808seeks to have the Department make new or additional factual findings that were not

2822made by the ALJ . As outlined in the standard of review, the Department may not

2838reweigh the evidence presented at a DOAH final hearing, attempt to resolve conflicts

2851therein, or judge the credibility of witnesses . See , e . g ., Rogers v . Dep ' t of Health , 920

2873. So 2d 27 , 30 (Fla . 1st DCA 2005) . The ALJ ' s decision to accept the testimony of one

2895expert witness over that of another expert is an evidentiary r u l i ng tha t cannot be alte r ed

2917by the Department , absen t a complete lack of any competent substantial evidence of

2931record supporting the decision . See , e . g ., Peace River/Manasota Reg i onal Water

2947Supply Authority v . IMC Phosphates Co. , 18 So. 3d 1079 , 1088 (Fla. 2d DCA 2009) .

2964The rulings below show that the ALJ ' s findings in paragraphs 71-83 and 86 are

2980supported by competent substantia l record evidence .

2988Exception to paragraph 71 - DTP agrees with the ALJ ' s findings in paragraph

300371 . Accord i ngly , this except i on i s denied .

3016Exception to paragraph 72- DTP a r gues that paragraph 72 i s " part i ally

3032correct. " In paragraph 72 , the ALJ summar i zed the testimony of Mr . Maynard (one of

3049the Petitioners ' experts) in order to explain the basis for the Pet i tioners ' allegation that

3067the system will not achieve sufficient s c ouri n g velocity to prevent accumulat i on of solids

3086i n the pipes . Pa r agraph 72 i s supported by competent substant i al record evidence ,

3105i n cl uding t h e testimony of M r . Mayna r d ( Joint Ex . 65 , Bates 0234 1- 02351 , Mayna r d ).

3133A c co r dingly , th i s exception i s den i ed .

31481 0

3150Exception to paragraph 73 - DTP argues that paragraph 73 is an " [i]ncorrect

3163interpretation ." In essence, DTP takes exception to the ALJ ' s finding and conclusion

3178that under applicable Department rules, the Ten States Standards manual requirement

3189of 2 feet-per-second ("fps " ) minimum flow , does not mandatorily apply to t he CRWS

3205because the system is an " alternative collection/transmission system ." (RO 73) . DTP

3218did not take exception to other im portant findings and conclusions made by the ALJ

3233regarding the same determination as paragraph 73 . 2 (RO 25 , 28 , 237 , 238 , 239) . 3

3250Competent substantial record evidence supports paragraph 73. (McLaurin , Tr.

3259Vol. II, pp . 339-340; Mathews , Tr . Vol. IV, pp. 557 - 561 and 617-618). Accordingly , this

3277exception is denied.

3280Exception to paragraph 74- DTP argues that paragraph 74 is "[ p]artially

3292correct. " DTP essentially objects to the ALJ's reliance on the testimony of FKAA's

3305expert witness - Rene Mathews . The ALJ's findings are supported by competent

3318substantial record evidence in the form of the expert ' s testimony. (Mathews, Tr . Vol. IV ,

3335pp . 558 , 617). The ALJ ' s decision to accept the testimony of one expert w it ness over

3355that of another expert is an evidentiary ruling that cannot be altered by a reviewing

3370agency , absent a complete lack of any competent substantial evidence of record

33822 A party that files no exceptions to certain findings of fact " has thereby expressed its

3398agreement with , or at least waived any objection to , those findings of fact. " Envt/ .

3413Coalition ofF/a . , Inc . v . Broward Cty ., 586 So. 2d 1212,1213 (Fla. 1st DCA 1991); see

3433also Colonnade Medical Ctr . , Inc . v. State of Fla ., Agency for Health Care Admin ., 847

3452So. 2d 540 , 542 (Fla . 4th DCA 2003) .

34623 DTP ' s general statement in paragraph 2 of its Exceptions regarding the RO

3477paragraphs to which it did not take exception "due to time constraints ," does not comply

3492with section 120.57(1 )(k) regarding written exceptions. See§ 120 . 57(1 )(k), Fla. Stat.

3506(2014).

3507supporting the decision . See , e . g . , Peace River/Manasota Regional Water Supply

3521Authority v . fMC Phosphates Co . , 18 So. 3d 1079, 1088 (Fla . 2d DCA 2009).

3538Accordingly, this exception is denied.

3543Exception to paragraph 75 - DTP argues that paragraph 75 is " [p]artially

3555correct." DTP essentially objects to the ALJ's reliance on the testimony of DEP's expert

3569witness- AI McLaurin . The ALJ ' s findings are supported by competent substantial

3583record evidence including the expert ' s testimony . (McLaurin , Tr . Vol. II, pp . 222-223,

3600341 - 342 ; Joint Ex . 2, Bates 101 , 113-114) . The ALJ's decision to accept the testimony

3618of one expert witness over that of another expert is an evidentiary ruling that cannot be

3634altered by a reviewing agency, absent a complete lack of any competent substantial

3647ev i dence of record supporting the decision. /d. Accordingly, this exception is denied.

3661Exception to paragraph 76- DTP argues that paragraph 76 is "[p]artially

3672correct." DTP essentially objects to the ALJ ' s reliance on the testimony of FKAA's

3687expert witness- Oscar Bello . The ALJ ' s findings are supported by competent

3701substantial record evidence including the expert ' s testimony. (Bello , Tr. Vol. V , p . 693) .

3718The ALJ's decision to accept the test i mony of one expert witness over that of another

3735expert is an evidentiary ruling that cannot be altered by a reviewing agency , absent a

3750complete lack of any competent substantial evidence of record supporting the decision.

3762/d . Accordingly , this exception is denied .

3770Exception to paragraph 77 - DTP essentially objects to the ALJ ' s reliance on

3785the testimony of DEP ' s expert witness - Gary Maier . The ALJ ' s findings are supported

3804by competent substantial record evidence including the expert ' s testimony . (Maier , Tr .

3819Vol. V. pp . 806-808). The ALJ ' s decision to accept the testimony of one expert witness

3837over that of another expert is an evidentiary ruling that cannot be altered by a rev i ewing

3855agency, absent a complete lack of any competent substantial evidence of record

3867supporting the decision . /d . Acco r dingly , this exception is denied .

3881Exception to paragraph 78 - Competent substantial record ev i dence supports

3893this finding of fact. (Mathews , Tr . Vol. IV , pp . 515-521 ; Joint Ex . 35 , Bates 141 0).

3912Accordingly , DTP ' s except i on to paragraph 78 is denied .

3925Exception to paragraph 79- Competent substantial record evidence supports

3934this f i nding of fac t. (Mclaurin , Tr . Vol. II , pp . 202-226 ; Joint Ex . 9 ) . Accordingly , DTP ' s

3959exception to paragraph 79 is den i ed .

3968Exception to paragraph 80 - Competent substantial record ev i dence supports

3980this f i nding of fact. (Bello , Tr . Vol. V , pp. 690-693) . Accordingly , DTP ' s except i on to

4002paragraph 80 is denied .

4007Exception to paragraph 81 - Competent substant i a l record ev i dence supports

4022this finding of fact. (Maier , Tr . Vol. V , pp . 804-806 ; Joint Ex . 12 ). Accordingly , DTP ' s

4043exception to paragraph 8 1 is den i ed .

4053Exception to paragraph 82 - DTP takes exception to the ALJ ' s description of

4068Mr. Maynard ' s background and l ack of experience and level of fam i liarity w i th the

4088projects at issue in these proceedings . The ALJ ' s findings are supported by competent

4104subs t antial r ecord evidence . (Joint Ex . 65 , Ba t es 02235-02236, 02238 - 02244 , 02248 -

412402252 and 02331-02352, Maynard). Notab l y , DTP did not take exception to paragraph

413884 , 4 where the ALJ ultimately found that Mr . Maynard ' s testimony was unpersuasive

41544 A party that files no exceptions to certain findings of fact " has thereby expressed its

4170agreement with , o r at leas t waived any objection to , those find i ngs of fac t. " Envtl .

4190Coalition of Fla ., Inc . v . Broward Cty ., 586 So . 2d 1212 , 1213 ( F l a . 1st DCA 1991) ; see

4216based on the underlying findings in paragraph 82. The ALJ ' s decision to accept the

4232testimony of one expert witness over that of ano t her expert is an evidentiary ruling that

4249cannot be altered by a reviewing agency, absent a complete lack of any competent

4263substantial evidence of record supporting the dec i sion . See , e . g ., Peace

4279River / Manasota Regional Water Supply Authority v . fMC Phosphates Co ., 18 So . 3d

42961079, 1088 (Fla . 2d DCA 2009) . Accordingly, this except i on is denied .

4312Exception to paragraph 83 - DTP takes except i on to paragraph 83 , where the

4327ALJ found :

433083 . The undersigned finds persuasive the testimony of

4339Mathews , Mclaurin , Bello , and Maier that the 2 fps flow rate

4350is not a mandatory standard applicable to the projects

4359authorized by the Permits at Issue , and tha t i n areas of t he

4374system i n which a 2 fps flow rate will not be achieved ,

4387requiring more frequent cleaning to ensure that the pipes do

4397not become plugged is adequate to meet DEP ' s rule

4408requ i rements .

4412However , the rulings on the Except i ons to paragraphs 72-82 , above , show tha t

4427the ALJ ' s find i ngs are supported by competent substant i al record evidence . The

4445spec if ied rul i ngs are incorporated herein , and according l y this exception is denied .

4463Exception to paragraph 86 - DTP takes exception to paragraph 86 , where the

4476ALJ ultimate l y determined that:

448286. FKAA demonstrated , by a preponderance of the

4490competent subs t antial evidence , that the systems , as

4499des i gned , w i ll not experience wastewater backups o r

4511releases i nto the environment as a result of inadequate

4521scouring velocity. FKAA has demonstrated that the systems ,

4529in compliance with DEP rules and applicable techn i ca l

4540manual standards and requirements , will have wastewater

4547flow of sufficient velocity to scour and prevent sedimentat i on

4558also Colonnade Medical Ctr. , Inc . v . State of Fla ., Agency for Health Care Admin ., 847

4577So . 2d 540 , 542 ( Fla . 4th DCA 2003 ).

4589in the piping , and that in the few remote areas where the

4601velocity may be lower than recommended, more frequent

4609cleaning of the piping will prevent sedimentation .

4617However the , rulings on the Except i ons to paragraphs 72-82 , above , show that

4631the ALJ ' s findings and ultimate determinations are supported by competent substantial

4644record evidence . The specified rulings are incorporated herein, and accordingly this

4656exception is denied .

4660Explosion Potential of Pumps

4664DTP takes exception to paragraphs 128-135 , where the ALJ ultimately found that

4676FKAA proved that using E/One grinder pumps in the wastewater collect i ons systems did

4691not present a substantial fire or explosion risk and complies with the DEP ' s rules and

4708applicable technical manuals . (RO 1J135) . DTP essentially objects to the ALJ ' s

4723judgments regarding witness credibility and persuasive testimony . DTP also seeks to

4735have the Department make new or addit i onal factual findings that were not made by the

4752ALJ . The ALJ ' s f i nd i ngs must be reviewed based on the standards of review discussed

4773above . The rul i ngs below show that the find i ngs in paragraphs 128-135 are supported

4791by competent substantial record evidence .

4797Exception to paragraph 128 - DTP ' s exception states that paragraph 128 is a

" 4812[c]orrect statement, " regarding the testimony of DTP ' s expert witness- Mr . Boismenu.

4826The exception then seems to criticize a portion of Mr . Boismenu ' s testimony as

4842described by the ALJ in paragraph 128 . Either way , paragraph 128 is supported by

4857competent substantial record evidence. ( Joint Ex . 67, Bates at 02551 and 02569-02570 ,

4871Boismenu) . Therefore , this exception is denied .

4879Exceptions to paragraphs 129 and 130 - DTP argues that paragraphs 129 and

4892130 are "[p ]artially correct. " DTP essentially objects to the ALJ's reliance on the

4906testimony of FKAA's expert witness- Rene Mathews . The ALJ ' s findings are supported

4921by competent substantial record evidence including the expert ' s testimony. (Mathews,

4933Tr. Vol. IV , pp . 523-532 ; Joint Exs . 25 , 33, and 34 ). The ALJ's decision to accept the

4953testimony of one expert witness over that of another expert is an evidentiary ruling that

4968cannot be altered by a reviewing agency , absent a complete lack of any competent

4982substantial evidence of record supporting the decis i on . See , e . g ., Peace

4998River / Manasota Regional Water Supply Authority v . fMC Phosphates Co ., 18 So . 3d

50151079 , 1088 (Fla. 2d DCA 2009). Therefore , these exceptions are denied .

5027Exception to paragraph 131 - DTP takes exception to the ALJ ' s description of

5042Mr. Boismenu's lack of familiarity with the type of wastewater projects at issue in these

5057proceedings . The ALJ ' s findings are supported by competent substantial record

5070ev i dence . (Joint Ex . 67 , Bates 02545 , 02592-02593 , 02551-02558 , and 02561-02582 ,

5084Bo i smenu) . The ALJ ' s decision to accept the testimony of one expert witness over that

5103of another expert is an evidentiary ruling that cannot be altered by a reviewing agency ,

5118absent a complete lack of any competent substantial evidence of record supporting the

5131decision . See , e.g. , Peace River/Manasota Regional Water Supply Authority v. fMC

5143Phosphates Co ., 18 So . 3d 1079 , 1088 (Fla . 2d DCA 2009) . Accordingly, this exception

5161is denied .

5164Exception to paragraph 132 - DTP again objects to the ALJ ' s rel i ance on the

5182testimony of FKAA's expert w i tness - Rene Mathews . The ALJ ' s findings are supported

5200by competent substantial record evidence including the expert ' s testimony . (Mathews ,

5213Tr . Vol. IV , pp. 523-532 ; Joint Exs . 25, 33 , and 34) . The ALJ ' s decis i on to accept the

5237testimony of one expert witness over that of another expert is an evidentiary ruling that

5252cannot be altered by a reviewing agency , absent a complete lack of any competent

5266substantial evidence of record supporting the decision. /d. Therefore , this exception is

5278denied.

5279Exception to paragraph 133 - DTP again objects to the ALJ ' s conclusion that

5294the Ten States Standards do not mandatorily apply to this alternative system . The

5308rulings on the Exception to paragraph 73 above is incorporated herein . Competent

5321substantial record evidence supports the ALJ's findings in paragraph 133 . (Mclaurin ,

5333Tr . Vol. II , pp . 264-268 , 339-340 ; Mathews , Tr. Vol. IV, p. 618; Bello , Tr . Vol. V, pp . 736-

5355738). Therefore, this exception is denied .

5362Exception to paragraph 134 - DTP takes exception to paragraph 134 , where

5374the ALJ determined that the " Petitioners did not demonstrate that the residential and

5387neighborhood/area lift station grinder pumps violate DEP rules and applicable technical

5398manuals , the NEC , [National Electrical Code] or the NFPA Standards [Nat i onal Fire

5412Protection Association] regarding potential for fire and explosion ." The ALJ ' s

5425determination as to whether a party met its burden of proof is a factual finding based on

5442the record evidence. See§ 120.569(2)(p) and 120.57(1 )U) , Fla . Stat. (2014). The

5455rulings on the Exceptions to paragraphs 128-131 above are incorporated herein and

5467show that the ALJ's finding i s supported by competent substantial evidence. Therefore ,

5480th i s exception is denied .

5487Exception to paragraph 135 - DTP takes except i on to paragraph 135 , where

5501the ALJ ultimately determined that:

5506135 . FKAA demonstrated , by a preponderance of the

5515competent substantial evidence , tha t using E/One grinder

5523pumps in the wastewater collection systems does not

5531present a substantial f i re or explosion risk and does not

5543violate DEP rules or applicable technical manual standards

5551and requirements .

5554However, the rulings on the Exceptions to paragraphs 128-134, above, show that the

5567ALJ ' s findings and ultimate determinations are supported by competent substantial

5579record evidence . The specified rulings are incorporated herein and there f ore , this

5593exception is denied .

5597System Pressure Capacity

5600DTP takes exception to paragraphs 141-151 and 153-154 , where the ALJ

5611ultimately found that FKAA proved that the E/One grinder pumps used in the systems

5625design will function as anticipated , will not exert pressures that exceed the systems '

5639piping capacity , and will not cause system piping to burst or fail. (RO 154) . DTP

5655essentially objects to the ALJ ' s resolution of conflicting expert testimony and judgments

5669regarding witness credibility . DTP also seeks to have the Department make new or

5683additiona l factual findings that were not made by the ALJ . The ALJ ' s find i ngs must be

5704rev i ewed based on the standards of review discussed above . The rulings below show

5720that the findings i n paragraphs 141-151 and 153-154 are supported by competent

5733substantial record evidence .

5737Exceptions to paragraphs 141, 142, and 143- DTP agrees with the ALJ ' s

5751findings i n paragraphs 141 , 142 , and 143 . Accordingly , these exceptions are den i ed.

5767Exceptions to paragraphs 144, 145, and 146 - DTP takes exception t o

5780paragraphs 144 , 145, and 146 , on the basis that the findings are " [i]ncorrect

5793conclusions " based on " incorrect testimony " and " hearsay. " DTP essentially objects to

5804the ALJ's reliance on the testimony of FKAA ' s expert witnesses . The ALJ ' s findings in

5823paragraphs 144, 145, and 146, are supported by competent substantial record

5834evidence. (Mathews , Tr. Vol. IV, pp . 540 - 550; Fernandez , Tr . Vol. V , pp. 758-761 ) .

5853DTP argues that Mr . Fernandez ' testimony regarding how power restoration is

5866handled after a massive power outage , is hearsay. However , the record does not show

5880that any hearsay objection was made and ruled on at the hearing . (Fernandez , Tr . Vol.

5897V, pp . 758-761 ) . The ALJ's decision to accept the testimony of one expert witness over

5915that of another expert is an evidentiary ruling that cannot be altered by a reviewing

5930agency, absent a complete lack of any competent substantial evidence of record

5942supporting the decision. See , e . g ., Peace River/Manasota Regional Water Supply

5955Authority v . IMC Phosphates Co. , 18 So . 3d 1079 , 1088 (Fla. 2d DCA 2009). Therefore,

5972these exceptions are denied .

5977Exception to paragraph 147- DTP takes exception to paragraph 147, where

5988the ALJ ultimately found that "it is highly unlikely , under any reasonable circumstances,

6001that pressure generated by the grinder pumps would cause the system piping to burst. "

6015DTP argues that the ALJ ' s finding is an " [i]ncorrect conclusion based on

6029misinformation ." DTP essentially objects to the ALJ ' s reliance on the testimony of

6044FKAA ' s expert witnesses . The ALJ ' s ultimate finding in paragraph 147 is supported by

6062competent substantial record evidence. (Mathews, Tr . Vol. IV , pp . 540 - 550 ; Fernandez ,

6077Tr. Vol. V, pp . 758-761 ) . Therefore , this except i on is denied .

6093Exception to paragraph 148- DTP takes exception to paragraph 148, where

6104the ALJ describes the Petitioners ' assert i on regarding inadequate pressure testing of

6118the piping that comprises the collect i on system. (RO 148) . The ALJ ' s description is

6136supported by competent substantial record evidence . (See , e . g ., First Amended

6150Petition in DOAH Case No. 14-2415 44 ; Joint Ex . 65 , Bates 02301-02304 ,

6163Maynard) . Accordingly , this exception is denied.

6170Exception to paragraph 149- DTP takes exception to paragraph 149, where

6181the ALJ found that pressure testing of pipes take place after construction is complete for

6196the purpose of detecting leaks - not to determ i ne the failure pressure of the pipes . ( RO

6216149) . DTP objects to the ALJ ' s reliance on the testimony of FKAA ' s expert witnesses .

6236The ALJ's findings in paragraph 149 are supported by competent substantial record

6248evidence. (Mathews , Tr . Vol. IV, pp . 540-550 ; Mclaurin, Tr . Vol. II, pp . 308-310).

6265Therefore, this exception is denied .

6271Exception to paragraph 150 - DTP takes exception to the ALJ ' s description of

6286Dr. Hovstadius ' lack of experience familiarity with certain details and design features of

6300the CRWS . The ALJ ' s findings are supported by competent subs t antial record

6316evidence . (Joint Ex. 66 , Bates 2444-2456 and 02492 , Hovstad i us) . Notably , DTP did

6332not take exception to paragraph 152 , 5 where the ALJ ultimately found that Dr .

6347Hovstadius ' and Mr . Maynard ' s testimony was unpersuasive on the issue of system

6363pressure capacity . The ALJ ' s decision to accept the testimony of one expert witness

6379over that of another expert is an evidentiary ruling that cannot be altered by a reviewing

6395agency , absent a complete lack of any competent substantial evidence of record

6407supporting the decision . See , e . g ., Peace River/Manasota Regional Water Supply

64215 A party that files no exceptions to certain findings of fact " has thereby expressed its

6437agreement with , or at least waived any objection to, those findings of fact. " Envtl .

6452Coalition of Fla . , Inc . v . Broward Cty ., 586 So. 2d 1212 , 1213 (Fla . 1 st DCA 1991) ; see

6475also Colonnade Medical Ctr ., Inc . v. State of Fla ., Agency for Health Care Admin ., 847

6494So. 2d 540 , 542 (Fla. 4th DCA 2003) .

6503Authority v . IMC Phosphates Co . , 18 So . 3d 1079 , 1088 (Fla . 2d DCA 2009) . Therefore ,

6523this exception is denied .

6528Exception to paragraph 151- DTP takes exception to paragraph 151 , where

6539the AlJ summar i zes the background and exper i ence of Rene Mathews and AI

6555Mclaurin. Competent substantial record ev i dence supports the AlJ ' s findings .

6569(Mclaurin , T r . Vol. II , pp . 202-212 ; Mathews , Tr . Vol. IV , pp . 514-520 ) . According l y , t h i s

6595exception is denied .

6599Exception to paragraphs 153 and 154- DTP takes exception to paragraph

6610153, where the AlJ ult i mately found that the " Petitioners failed to demonstrate that the

6626E/One grinder pumps will exert pressures exceeding t he systems ' pip i ng pressure

6641capacity , causing system p i ping bursting or failure . " DTP also takes except i on to

6658paragraph 154 , where the AlJ ultimately found that FKAA proved that the E/One

6671gr i nder pumps " w i ll function as antic i pated , will not exert pressures that exceed the

6690systems ' p i p i ng capacity , and w i ll not cause system piping to burst or f ail. "

6711Pa r ag r aphs 153 and 154 are supported by competent substant i a l record

6728evidence . (Mclaurin , Tr . Vo l. II , pp . 308-31 0 ; Mathews, Tr. Vol. IV , pp . 540-550 ;

6747Fernandez , T r . Vol. V , pp . Fernandez ; Joint Ex . 65 , Bates 02301 - 02304 , Maynard ).

6766Accordingly , these exceptions are denied .

6772Wastewater Serv i ce during Power Outage

6779DTP takes exception to paragraphs 155 - 165 , whe r e the AlJ ultimately found that

6795FKAA proved that uninterrupted sewer service will be prov i ded, including during

6808extended power outages and other emergency circumstances , as required by DEP

6819rules. (RO 165 ) . DTP essentially objects to the ALJ ' s resolut i on of conf l ict i ng expert

6842testimony and judgments regarding witness credibility. DTP also seeks to have the

6854Department make new or additional factual findings that were not made by the AlJ .

6869The AlJ ' s findings must be reviewed based on the standards of review discussed

6884above . The rulings below show that the findings in paragraphs 155-165 are supported

6898by competent substantial record evidence .

6904Exception to paragraph 155 - DTP agrees with the ALJ ' s findings in paragraph

6919155 . Accordingly , this exception is denied.

6926Exception to paragraph 156 - DTP takes exception to paragraph 156 , where

6938the AlJ found that the " CRWS design and operat i ng protocol contain measures

6952specifically directed to [power outage] issues ." Competent substantial record evidence

6963supports the AlJ ' s finding . (Walker , Tr. Vol. V , pp . 785-789 ; Mclaurin , Tr . Vol. II, pp .

6984218-220 ; Mathews, Tr . Vol. IV, pp . 603-604, 620-636 ; Fernandez , Tr . Vol. V, pp . 759 -

7003765 ; Maier, Tr . Vol. V , pp. 798 - 802 , 806 - 807; Joint Ex . 29). Therefore , this exception is

7024denied .

7026Exception to paragraph 157- DTP takes exception to paragraph 157, where

7037the AlJ found that " the neighborhood/area lift station design includes a quick connect

7050riser pipe that will be used to periodically flush the systems and can be used in

7066emergencies to pump water out of the lift stations into the force mains and to the

7082treatment plant , thus preventing lift station overflow ." Competent substantial record

7093evidence supports the AlJ ' s findings. (Mclaurin , Tr . Vol. II, pp. 272 - 275, 344-345 ;

7110Mathews , Tr . Vol. IV , pp . 535-540 , 631-632; Joint Exhibit 29) . Therefore , this exception

7126is den i ed .

7131Exception to paragraph 158 - DTP takes exception to paragraph 158, where

7143the AlJ found that " during a power outage , FKAA can pump out residential grinder

7157pump wet wells using mobile generators, pump trucks, or vacuum trucks ." Competent

7170substantial record evidence supports paragraph 158. (Walker, Tr . Vol. I, pp . 138-139,

7184155-156 , 171-173 and Tr. Vol. V, pp. 786-788; Mclaurin, Tr . Vol. II, pp. 273-276 and

7200310-319 ; Mathews , Tr . Vol. IV , p . 595; Fernandez , Tr . Vol. V , pp . 759-760 and 777-

7219778) . Accordingly, th i s exception is denied .

7229Exceptions to paragraphs 159, 160, and 161 - DTP takes exception to

7241paragraphs 159, 160, and 161 , where the AlJ made findings regarding FKAA ' s

7255operating contingencies to address power outages during emergency situations .

7265Competent substantial record evidence supports these findings of fact. (Walker, Tr . Vol.

7278I , pp. 138-139 , 155-156 , 171-173 and Tr . Vol. V, pp . 786-788 ; Mclaurin , Tr . Vol. II, pp .

7298273-276 and 310 - 319 ; Mathews , Tr. Vol. IV , p . 595 ; Fernandez , T r. Vo l. V , pp. 759-760

7318and 777-778) . Accordingly, these exceptions are denied.

7326Exception to paragraph 162- DTP takes exception to paragraph 162 , where

7337the AlJ found that Grinder Pump Guardian mon i toring system " will enable pump

7351malfunctions to be immediately detected and rapidly addressed by maintenance

7361personnel, significantly decreasing the likelihood of wastewater spill or release into

7372homes or the environment. " Competent substantial record evidence supports the AlJ ' s

7385findings in paragraph 162 . (Wallace , Tr . Vol. I, p . 172 ; Mclaurin , Tr . Vol. II, pp . 270 ,

7406300-301 ; Mathews, Tr . Vol. IV, pp . 556 and 604-605 . Accordingly , this exception is

7422denied.

7423Exceptions to paragraph 163- DTP takes exception to paragraph 163, where

7434the AlJ found that FKAA had already started to establish specific procedures and

7447protocol for addressing collections systems operation, though not required to do so until

7460it seeks certification from DEP to place the CRWS into operation . Competent

7473substantial record evidence supports the ALJ's findings in paragraph 163 . (Walker , Tr .

7487Vol. I , pp . 138 - 139 , 155-156 , 171-173 and Tr . Vol. V, pp . 786-788 ; Mclaurin, Tr . Vol. II,

7509pp. 273-276 and 310-319 ; Mathews , Tr . Vol. IV, p . 595 ; Fernandez , Tr. Vol. V, pp . 759-

7528760 and 777-778) . Therefore, this exception is denied.

7537Exceptions to paragraphs 164 and 165 - DTP takes exception to paragraph

7549164 , where the AlJ ultimately found that the " Petitioners did not demonstrate that sewer

7563service will be interrupted in violation of DEP rules ." DTP also takes exception to

7578paragraph 165, where the AlJ ultimately concluded that FKAA proved "that

7589uninterrupted sewer service will be provided , including during extended power outages

7600and other emergency circumstances , as requ i red by DEP rules ."

7612Competent substantial record evidence supports these ultimate findings of the

7622AlJ . (Walker , Tr . Vol. I, pp . 138 - 139, 155-156, 171-173 and Tr . Vol. V , pp. 786-788 ;

7643Mclaurin, Tr. Vol. II , pp . 273-276 and 310-319 ; Mathews, Tr. Vol. IV, p . 595;

7659Fernandez , Tr. Vol. V, pp . 759-760 and 777-778). Accordingly , these exceptions are

7672denied .

7674CONCLUSION

7675Having reviewed the matters of record and being otherwise duly advised ,

7686It is therefore ORDERED that:

7691A The Recommended Order (Exhibit A) is adopted in its entirety and is

7704incorporated by reference herein .

7709B. Permit No. 295404-018-DWC/CM (Permit 18) , is APPROVED;

7717C. Permit No. 295404-019-DWC/CM (Permit 19) , is APPROVED ;

7725D . Permit No. 295404-027-DWC/CM (Permit 27), is APPROVED;

7734E . Permit No. 295404-025-DWC/CM (Permit 25), is APPROVED.

7743JUDICIAL REVIEW

7745Any party to this proceeding has the right to seek judicial review of the Final

7760Order pursuant to Section 120 . 68 , Florida Statutes, by filing a Notice of Appeal pursuant

7776to Rules 9 . 110 and 9 . 190 , Florida Rules of Appellate Procedure, with the clerk of the

7795Department in the Office of General Counsel, 3900 Commonwealth Boulevard , M.S . 35 ,

7808Tallahassee , Florida 32399-3000; and by filing a copy of the Notice of Appeal

7821accompanied by the applicab l e filing fees with the appropriate District Court of Appeal.

7836The Notice of Appeal must be filed within 30 days from the date this Final Order is filed

7854with the clerk of the Department.

7860DONE AND ORDERED this / (o March , 2015 , in Tallahassee , Florida .

7872STATE OF FLORIDA DEPARTMENT

7876OF ENVIRONMENTAL PROTECTION

7879Marjory Stoneman Douglas Building

78833900 Commonwealth Boulevard

7886Tallahassee , F l orida 32399-3000

7891CERTIFICATE OF SERVICE

7894I CERTIFY that a copy of the foregoing Final Order was sent by electronic mail

7909to :

7911Robert N . Hartsell , Esquire Fred Springer, Esquire

7919Sarah M . Hayter , Esquire Michael L. Elkins , Esquire

79281600 S. Federal Highway, Suite 921 Bryant Miller Olive , P . A .

7941Pompano Beach , FL 33062 SunTrust International Center

7948robert@hartsell-law . com One S . E. 3 r d Ave ., Suite 2200

7962sarah@hartsell-law.com Miami , FL 33131

7966fspringer@bmolaw.com

7967Lee R. Rohe , Esquire melkins@bmolaw .com

7973Lee Robert Rohe, P . A .

798025000 Overseas Highway, Suite 2 Robert T. Feldman, Esquire

7989Summerland Key , FL 33042 Office of General Counsel

7997lrrlaw@bellsouth. net Florida Keys Aqueduct Author i ty

800511 00 Kennedy Drive

8009Division of Administrative Hearings Key West , FL 33040-4021

8017The DeSoto Building rfeld ma n@fkaa . com

80251230 Apalachee Parkway

8028Tallahassee , FL 32399-1550 Sidney Bigham, Ill, Esquire

8035Dept. of Environmental Protection

8039by U.S. Postal Service to : 3900 Commonwealth Blvd., MS 35

8050Tallahassee, FL 32399-3000

8053Jamie Colee sidney.bigham@dep.state . fl . us

8060Little Palm Island Associates, Ltd .

8066600 6 t h Street South

8072Kirland , WA 98033-6716

8075of March , 2015.

8078STATE OF FLORIDA DEPARTMENT

8082OF ENVIRONMENTAL PROTECTION

80857.-r F "--- F-O-LK_E_S ____ _

8091Administrative Law Counsel

80943900 Commonwealth Blvd ., M.S . 35

8101Tallahassee , FL 32399-3000

8104Telephone 850/245-2242

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Date
Proceedings
PDF:
Date: 03/27/2015
Proceedings: Florida Keys Aqueduct Authority's Response to Exceptions to Recommended Order filed.
PDF:
Date: 03/27/2015
Proceedings: Florida Department of Environmental Protection's Responses to Petitioner, Dump the Pumps, Inc.'s Exceptions filed.
PDF:
Date: 03/27/2015
Proceedings: Exceptions to Recommended Order filed.
PDF:
Date: 03/27/2015
Proceedings: Agency Final Order filed.
PDF:
Date: 03/16/2015
Proceedings: Agency Final Order
PDF:
Date: 02/03/2015
Proceedings: Recommended Order
PDF:
Date: 02/03/2015
Proceedings: Recommended Order (hearing held September 29 and 30, and October 1, 2014). CASE CLOSED.
PDF:
Date: 02/03/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 11/25/2014
Proceedings: Florida Keys Aqueduct Authority's Proposed Recommended Order filed.
Date: 11/24/2014
Proceedings: CASE STATUS: Status Conference Held.
PDF:
Date: 11/24/2014
Proceedings: Respondent, Department of Environmental Protection's, Proposed Recommended Order filed.
PDF:
Date: 11/24/2014
Proceedings: Petitioners' Proposed Recommended Order filed.
PDF:
Date: 11/21/2014
Proceedings: Notice of Telephonic Status Conference (status conference set for November 24, 2014; 2:00 p.m.).
PDF:
Date: 11/17/2014
Proceedings: Notice of Filing Transcript.
Date: 11/13/2014
Proceedings: Transcript Volumes I-V (not available for viewing) filed.
PDF:
Date: 11/13/2014
Proceedings: Notice of Filing Transcript.
PDF:
Date: 10/14/2014
Proceedings: Exhibits Returned back to DOAH filed.
PDF:
Date: 10/08/2014
Proceedings: Petitioner Banks Prevatt's Notice of Voluntary Dismissal without Prejudice filed.
Date: 09/29/2014
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 09/29/2014
Proceedings: Petitioners' Response to Respondent Florida Keys Aqueduct Authority's Motions to Exclude Expert Witnesses filed.
PDF:
Date: 09/25/2014
Proceedings: (Petitioners') Notice of Voluntary Dismissal with Prejudice (Case No. 14-2421) (filed in Case No. 14-002421).
PDF:
Date: 09/25/2014
Proceedings: (Petitioner's) Standing Facts Stipulation filed.
PDF:
Date: 09/25/2014
Proceedings: Petitioners' (Proposed) Exhibit List filed.
PDF:
Date: 09/25/2014
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 09/24/2014
Proceedings: Notice of Service of Florida Keys Aqueduct Authority's Answers to Petitioners' First Set of Interrogatories filed.
Date: 09/23/2014
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 09/23/2014
Proceedings: Florida Keys Aqueduct Authority's Motion to Exclude Petitioner's Unreliable Expert Witness, Gunnar Hovstadius filed.
PDF:
Date: 09/23/2014
Proceedings: Florida Keys Aqueduct Authority's Motion to Exclude Petitioner's Unreliable Expert Witness, Donald Maynard filed.
PDF:
Date: 09/22/2014
Proceedings: Petitioners' Notice of Serving Answers to Florida Department of Environmental Protection's Interrogatories to Petitioners filed.
PDF:
Date: 09/22/2014
Proceedings: (Petitioners') Amended Petition for Formal Administrative Proceedings (filed in Case No. 14-002417).
PDF:
Date: 09/19/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners' Second Request for Production of Documents filed.
PDF:
Date: 09/18/2014
Proceedings: Notice of Telephonic Pre-hearing Conference (set for September 23, 2014; 10:00 a.m.).
PDF:
Date: 09/17/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Videotaped Deposition Duces Tecum of Michael Boismenu filed.
PDF:
Date: 09/17/2014
Proceedings: Amended Notice of Hearing (hearing set for September 29 through October 3, 2014; 9:00 a.m.; Key West, FL; amended as to final hearing location).
PDF:
Date: 09/17/2014
Proceedings: Petitioner's Notice of Serving Answers to Florida Keys Aqueduct Authority's Second Set of Interrogatories to Petitioners filed.
PDF:
Date: 09/16/2014
Proceedings: Joint Motion for Change of Venue filed.
PDF:
Date: 09/16/2014
Proceedings: Notice of Service of Florida Keys Aqueduct Authority's Responses to Petitioner's Second Request for Production of Documents filed.
PDF:
Date: 09/15/2014
Proceedings: Florida Keys Aqueduct Authority's Amended Notice of Videotaped Deposition Duces Tecum of Dr. Gunnar Hovstadius filed.
PDF:
Date: 09/15/2014
Proceedings: Florida Keys Aqueduct Authority's Amended Notice of Videotaped Deposition Duces Tecum of Don Maynard filed.
PDF:
Date: 09/15/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Cancellation of Videotaped Deposition of Jim Skura filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Deposition of Theresa Raven filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Deposition of Daniel Fitch filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Deposition of Deborah Curlee filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Deposition of Gail Kulikowski filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Deposition of Margaret Vogelsang filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Videotaped Deposition of Don Maynard filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Videotaped Deposition Notice of Videotaped Deposition of Dr. Gunnar Hovstadius filed.
PDF:
Date: 09/12/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Videotaped Deposition of Jim Skura filed.
PDF:
Date: 09/10/2014
Proceedings: Petitioners' Notice of Substitution of Expert Witness filed.
PDF:
Date: 09/10/2014
Proceedings: Amended Notice of Appearance (Sidney C. Bigham, III, W. Douglas Beason, and Julia E. Gilcher) filed.
PDF:
Date: 09/05/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Taking Videotaped Deposition of Steve Wallace filed.
PDF:
Date: 08/29/2014
Proceedings: Notice of Service of Florida Keys Aqueduct Authority's Responses to Petitioner's First Set of Requests for Admissions filed.
PDF:
Date: 08/29/2014
Proceedings: Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., and Deborah Curlee First Request for Admissions filed.
PDF:
Date: 08/29/2014
Proceedings: Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., Banks Prevatt, Gail Kulikowsky, and Margaret Schwing First Request for Admissions filed.
PDF:
Date: 08/29/2014
Proceedings: Department of Environmental Protection's Answers to Petitioners', Dump in the Pumps, Inc.'s, and Banks Prevatt, First Request for Admissions filed.
PDF:
Date: 08/29/2014
Proceedings: Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., and Jim Skura, First Request for Admissions filed.
PDF:
Date: 08/29/2014
Proceedings: Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., Banks Prevatt, and Margaret Vogelsang, First Request for Admissions filed.
PDF:
Date: 08/26/2014
Proceedings: Notice of Dump the Pumps, Inc.'s Witness Disclosure filed.
PDF:
Date: 08/25/2014
Proceedings: Respondent, State of Florida Department of Environmental Protection's Witness Disclosure filed.
PDF:
Date: 08/25/2014
Proceedings: Florida Keys Aqueduct Authority's Witness List filed.
PDF:
Date: 08/20/2014
Proceedings: Order Closing File and Relinquishing Jurisdiction (Closing Case No. 14-2418 only).
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Roman Gastesi) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Tom Walker) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Ray Shimokubo) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Walt Schwartz) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Don Hubbs) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of James Oni) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Gary Maier) filed.
PDF:
Date: 08/20/2014
Proceedings: Notice of Taking Deposition (of Kevin Wilson) filed.
PDF:
Date: 08/20/2014
Proceedings: Joint Motion to Relinquish Jurisdiction Under Section 120.57(1)(i), F.S. filed.
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information (filed in Case No. 14-002418).
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information (filed in Case No. 14-002421).
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information (filed in Case No. 14-002420).
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information (filed in Case No. 14-002417).
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information (filed in Case No. 14-002416).
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins; filed in Case No. 14-002416).
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins; filed in Case No. 14-002417).
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins; filed in Case No. 14-002420).
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins; filed in Case No. 14-002421).
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins; filed in Case No. 14-002418).
PDF:
Date: 08/19/2014
Proceedings: Joint Protocol Regarding Electronically Stored Information filed.
PDF:
Date: 08/19/2014
Proceedings: Notice of Appearance (Michael Elkins) filed.
PDF:
Date: 08/15/2014
Proceedings: Florida Department of Environmental Protection's First Request for Production of Documents to Petitioners filed.
PDF:
Date: 08/15/2014
Proceedings: Notice of Taking Deposition Duces Tecum (of Abdul Ahmadi) filed.
PDF:
Date: 08/15/2014
Proceedings: Petitioner's Notice of Service of Second Request for Production of Documents to Respondent Little Palm Island Associates, Ltd filed.
PDF:
Date: 08/15/2014
Proceedings: Petitioner's Notice of Service of Second Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 08/15/2014
Proceedings: Petitioner's Notice of Service of Second Request for Production of Documents to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 08/15/2014
Proceedings: Notice of Taking Deposition (of Al McLaurin) filed.
PDF:
Date: 08/14/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Serving Second Set of Interrogatories to Petitioners filed.
PDF:
Date: 08/14/2014
Proceedings: Florida Keys Aqueduct Authority's Notice of Serving Second Request for Production of Documents to Petitioners filed.
PDF:
Date: 08/13/2014
Proceedings: Notice of Substituition of Counsel and CoCounsel and Designation of e-mail Addresses in Compliance with Mandatory e-mail Service Rule (Sidney C. Bigham, III and W. Douglas Beason) filed.
PDF:
Date: 08/13/2014
Proceedings: Notice of Service of Department of Environmental Protection's First Set of Interrogatories to Petitioners, Banks Prevatt, Jim Skura, Gail Kulilowsky, Margaret Schwing, Deborah Curlee, Margaret Vogelsang, and Dump the Pumps, Inc. filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., Banks Prevatt and Deborah Curlee, First Set of Interrogatories filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc. and Jim Skura, First Set of Interrogatories filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., and Banks Prevatt, First Set of Interrogatories filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., and Banks Prevatt, First Set of Interrogatories filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., Banks Prevatt, Gail Kilikowsky, and Margaret Vogelsang, First Set of Interrogatories filed.
PDF:
Date: 08/01/2014
Proceedings: Notice of Service of Department of Environmental Protection's Answers to Petitioners', Dump the Pumps, Inc., Banks Prevatt, Gail Kilikowsky, and Margaret Schwing, First Set of Interrogatories filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Little Palm Island Associates, Ltd. (filed in Case No.: 14-2418) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection (filed in Case No:. 14-2418) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection (filed in Case No:. 14-2421) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Florida Keys Aqueduct Authority (filed in Case No.: 14-2416) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection (filed in Case No:. 14-2420) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Florida Keys Aqueduct Authority (filed in Case No.: 14-2420) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection (filed in Case No:. 14-2416) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Florida Keys Aqueduct Authority (filed in Case No.: 14-2416) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection (filed in Case No:. 14-2417) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Florida Keys Aqueduct Authority (filed in Case No.: 14-2417) filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Request for Admission to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 07/30/2014
Proceedings: Petitioners' Notice of Serving its First Set of Requests for Admission to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 07/28/2014
Proceedings: Amended Notice of Hearing (hearing set for September 29 through October 3, 2014; 9:00 a.m.; Key West, FL; amended as to final hearing location).
PDF:
Date: 07/18/2014
Proceedings: Order on Scheduling and Conducting Depositions.
PDF:
Date: 07/17/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners', Dump the Pumps, Inc., Banks Prevatt, and Margaret Vogelsang's Request for Production of Documents filed.
PDF:
Date: 07/17/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners', Dump the Pumps, Inc. and Banks Prevatt's Request for Production of Documents filed.
PDF:
Date: 07/17/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners', Dump the Pumps, Inc. and Jim Skura's Request for Production of Documents filed.
PDF:
Date: 07/17/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners', Dump the Pumps, Inc., Banks Prevatt, Gail Kulikowsky, and Matgaret Schwing's Request for Production of Documents filed.
PDF:
Date: 07/17/2014
Proceedings: State of Florida Department of Environmental Protection's Response to Petitioners', Dump the Pumps, Inc., Banks Prevatt, and Deborah Curlee's, Request for Production of Documents filed.
PDF:
Date: 07/16/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Notice of Serving its Responses to Respondent Little Palm Island Associates, Ltd.'s First Set of Interrogatories (filed in Case No. 14-002418).
PDF:
Date: 07/16/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Notice of Serving its Responses to Respondent Little Palm Island Associates, Ltd.'s First Request for Production (filed in Case No. 14-002418).
PDF:
Date: 07/14/2014
Proceedings: Notice of Telephonic Status Conference (status conference set for July 17, 2014; 4:00 p.m.).
Date: 07/11/2014
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 07/08/2014
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 07/07/2014
Proceedings: Amended Notice of Appearance of Co-Counsel and Designation of E-Mail Addresses in Compliance with Mandatory E-Mail Service Rule (Sidney C. Bigham, III; filed in Case No. 14-002416).
PDF:
Date: 07/07/2014
Proceedings: Notice of Appearance (Sidney Bigham, III; filed in Case No. 14-002416).
PDF:
Date: 07/07/2014
Proceedings: Notice of Rescheduled Hearing (hearing set for September 29 through October 3, 2014; 9:00 a.m.; Marathon, FL).
PDF:
Date: 07/03/2014
Proceedings: Joint Response to Amended Order Granting Continuance filed.
PDF:
Date: 06/30/2014
Proceedings: Cross Notice of Taking Deposition of Banks Prevatt (filed in Case No. 14-002418).
PDF:
Date: 06/27/2014
Proceedings: Notice of Taking Deposition of Banks Prevatt filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Deborah Curlee's Notice of Serving Her Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Margaret Vogelsang's Notice of Serving Her Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Margaret Schwing's Notice of Serving Her Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Gail Kulikowsky's Notice of Serving Her Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Jim Skura's Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Theresa Raven's Notice of Serving Her Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Daniel Fitch's Notice of Serving His Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Banks Prevatt's Notice of Serving His Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Banks Prevatt's Notice of Serving His Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Banks Prevatt's Notice of Serving His Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Dump the Pump Inc.'s Notice of Serving its Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Response to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Notice of Serving its Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/26/2014
Proceedings: Petitioner Dump the Pumps, Inc.'s Notice of Serving its Responses to Respondent Florida Keys Aqueduct Authority's Request for Production filed.
PDF:
Date: 06/25/2014
Proceedings: Amended Order Granting Continuance.
PDF:
Date: 06/24/2014
Proceedings: Department's) Notice of Filing filed.
PDF:
Date: 06/24/2014
Proceedings: Order Granting Continuance (parties to advise status by July 3, 2014).
PDF:
Date: 06/23/2014
Proceedings: Notice of Transfer.
PDF:
Date: 06/19/2014
Proceedings: Florida Keys Aqueduct Authority's and Little Palm Island's Joint Opposition to Petitioners' Motion for Stay and Other Relief (filed in Case No. 14-002417).
PDF:
Date: 06/19/2014
Proceedings: Department's Response to Petitioner's Motion for Stay and Other Relief filed.
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Little Palm Island Associates, Ltd. (filed in Case No. 14-002418).
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Florida Keys Aqueduct Authority (filed in Case No. 14-002421).
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 06/19/2014
Proceedings: Petitioner's Notice of Service of First Request for Production of Documents to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Little Palm Island Associates, Ltd. (filed in Case No. 14-002421).
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Keys Aqueduct Authority (filed in Case No. 14-002421).
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Keys Aqueduct Authority (filed in Case No. 14-002421).
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Keys Aqueduct Authority (filed in Case No. 14-002416).
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Keys Aqueduct Authority (filed in Case No. 14-002417).
PDF:
Date: 06/18/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Keys Aqueduct Authority filed.
PDF:
Date: 06/18/2014
Proceedings: Petitioners' Notice of Service of First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/18/2014
Proceedings: Petitioners' Notice of Service of First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/18/2014
Proceedings: Petitioners' Notice of Service of First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection (filed in Case No. 14-002418).
PDF:
Date: 06/18/2014
Proceedings: Petitioners' Notice of Service of First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection (filed in Case No. 14-002417).
PDF:
Date: 06/18/2014
Proceedings: Petitioners' Notice of Service of First Request for Production of Documents to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (Brynna Ross) filed.
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (filed in Case No. 14-002416).
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (filed in Case No. 14-002417).
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (filed in Case No. 14-002418).
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (filed in Case No. 14-002420).
PDF:
Date: 06/17/2014
Proceedings: Notice of Substitution of Counsel (filed in Case No. 14-002421).
PDF:
Date: 06/17/2014
Proceedings: Notice of Appearance (D. Byrne; filed in Case No. 14-002418).
PDF:
Date: 06/17/2014
Proceedings: Little Palm Island Associates, Ltd.'s First Set of Interrogatories to Dump the Pumps, Inc., (filed in Case No. 14-002418).
PDF:
Date: 06/17/2014
Proceedings: Little Palm Island Associates, Ltd.'s First Request for Production of Documents to Dump the Pumps, Inc., (filed in Case No. 14-002418).
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Petitioner's Notice of Service of First Set of Interrogatories to Respondent State of Florida Department of Environmental Protection filed.
PDF:
Date: 06/16/2014
Proceedings: Amended Notice of Hearing (hearing set for August 4 through 8, 2014; 9:30 a.m.; Marathon, FL; amended as to hearing room location).
PDF:
Date: 06/12/2014
Proceedings: Petitioners' Motion for Stay and Other Relief (filed in Case No. 14-002417).
PDF:
Date: 06/09/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/09/2014
Proceedings: Notice of Hearing (hearing set for August 4 through 8, 2014; 9:30 a.m.; Marathon, FL).
PDF:
Date: 06/03/2014
Proceedings: Order on Procedural Issues (DOAH Case Nos. 14-2415, 14-2416, 14-2417, 14-2418, 14-2420, and 14-2421 consolidated).
PDF:
Date: 06/02/2014
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 05/30/2014
Proceedings: Petitioners' Response to the Initial Order filed.
PDF:
Date: 05/29/2014
Proceedings: Florida Keys Aqueduct Authority's Response to Initial Order filed.
PDF:
Date: 05/27/2014
Proceedings: Notice of Serving Florida Keys Aqueduct Authority's First Request for Production of Documents to Dump the Pumps, Inc., filed.
PDF:
Date: 05/27/2014
Proceedings: Notice of Serving Florida Keys Aqueduct Authority's First Request for Production of Documents to Banks Prevatt filed.
PDF:
Date: 05/27/2014
Proceedings: Notice of Serving Florida Keys Aqueduct Authority's First Request for Production of Documents to Gail Kulikowsky filed.
PDF:
Date: 05/27/2014
Proceedings: Notice of Serving Florida Keys Aqueduct Authority's First Request for Production of Documents to Margaret Schwing filed.
PDF:
Date: 05/22/2014
Proceedings: Notice of Appearance (Robert Feldman) filed.
PDF:
Date: 05/22/2014
Proceedings: Notice of Appearance (Elizabeth Neiberger) filed.
PDF:
Date: 05/22/2014
Proceedings: Notice of Appearance (Frederick Springer) filed.
PDF:
Date: 05/21/2014
Proceedings: Initial Order.
PDF:
Date: 05/20/2014
Proceedings: Agency action letter filed.
PDF:
Date: 05/20/2014
Proceedings: Petition for Formal Administrative Proceedings filed.
PDF:
Date: 05/20/2014
Proceedings: Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.

Case Information

Judge:
CATHY M. SELLERS
Date Filed:
05/20/2014
Date Assignment:
06/23/2014
Last Docket Entry:
03/27/2015
Location:
Key West, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (8):