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15-000135RU William B. Swaim vs. South Florida Water Management District
 Status: Closed
DOAH Final Order on Monday, March 9, 2015.

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Summary: The Amended Petition is dismissed for failing to identify the agency statement which Petitioner claims is an unpromulgated rule.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8WILLIAM B. SWAIM,

11Petitioner,

12vs. Case No. 15 - 0135RU

18SOUTH FLORIDA WATER MANAGEMENT

22DISTRICT,

23Respondent.

24_______________________________/

25FINAL ORDER OF DISMISSAL

29This cause ca me before the Administrative Law Judge on

39RespondentÓs second motion to dismiss. A response in opposition

48to the motion was filed by Petitioner. PetitionerÓs first

57petition was dismissed for failing to identify the agency

66statement that is being challeng ed. Petitioner filed an amended

76petition which is the subject of this second motion to dismiss.

87Petitioner was ordered to show cause why his amended petition

97should not be dismissed for lack of standing or for failure to

109identify the agency statement Pet itioner claims is an

118unpromulgated rule. Petitioner filed a response to the Order to

128Show Cause.

130Petitioner has failed to identify the statement he alleges

139is an unpromulgated rule. Furthermore, his arguments merely

147support a claim that Respondent misapplied existing statutes or

156rules. Accordingly, it is

160ORDERED that the motion is GRANTED and the petition is

170DISMISSED with prejudice.

173DONE AND ORDERED this 9th day of March , 2015 , in

183Tallahassee, Leon County, Florida.

187S

188BRAM D. E. CANTER

192Administrative Law Judge

195Division of Administrative Hearings

199The DeSoto Building

2021230 Apalachee Parkway

205Tallahassee, Florida 32399 - 3060

210(850) 488 - 9675

214Fax Filing (850) 921 - 6847

220www.doah.state.fl.us

221Filed with the Clerk of the

227Div ision of Administrative Hearings

232this 9th day of March , 2015 .

239COPIES FURNISHED:

241William B. Swaim

2445455 Via Delray

247Delray Beach, Florida 33484

251(eServed)

252Jennifer D. Brown, Esquire

256South Florida Water Management District

261Mail Stop Code 1410

2653301 Gun Club Road

269West Palm Beach, Florida 33406

274(eServed)

275Blake C. Guillory, Executive Director

280South Florida Water Management District

2853301 Gun Club Road

289West Palm Beach, Florida 33406

294(eServed)

295Ernest Reddick, Chief

298Alexandra Nam

300Department of State

303R. A. Gray Building

307500 South Bronough Street

311Tallahassee, Florida 32399 - 0250

316(eServed)

317Ken Plante, Coordinator

320Joint Administrative Procedures Committee

324Room 680, Pepper Building

328111 West Madison Street

332Tallahassee, Florida 32399 - 1400

337(eServed)

338NOTICE OF RIGHT TO JUDICIAL REVIEW

344A party who is adversely affected by this Final Order is entitled

356to judicial review pursuant to section 120.68, Florida Statutes.

365Review proceedings are governed by the Florida Rules of Appellate

375Procedure. Such proceedings are comme nced by filing the original

385notice of administrative appeal with the agency clerk of the

395Division of Administrative Hearings within 30 days of rendition

404of the order to be reviewed, and a copy of the notice,

416accompanied by any filing fees prescribed by law , with the clerk

427of the District Court of Appeal in the appellate district where

438the agency maintains its headquarters or where a party resides or

449as otherwise provided by law.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/11/2015
Proceedings: Amended DOAH FO
PDF:
Date: 03/11/2015
Proceedings: Corrected Final Order of Dismissal. CASE CLOSED.
PDF:
Date: 03/09/2015
Proceedings: DOAH Final Order
PDF:
Date: 03/09/2015
Proceedings: Final Order of Dismissal. CASE CLOSED.
PDF:
Date: 03/02/2015
Proceedings: Petitioner's Response to Show Cause filed.
PDF:
Date: 02/24/2015
Proceedings: Corrected Order to Show Cause.
PDF:
Date: 02/24/2015
Proceedings: Order to Show Cause.
PDF:
Date: 02/24/2015
Proceedings: Amended Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
PDF:
Date: 02/20/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 02/20/2015
Proceedings: Petitioner's Clarification to Respondent's Response in Opposition to Extension for Petitioner's Extension of Time to File Amended Petitions filed.
PDF:
Date: 02/19/2015
Proceedings: (Respondent's) Response in Opposition to Petitioner's Motion for Extension of Time to File Amended Petitions filed.
PDF:
Date: 02/19/2015
Proceedings: (Petitioner's) Motion for Extension to File Amended Petitions filed.
PDF:
Date: 02/17/2015
Proceedings: Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
PDF:
Date: 02/17/2015
Proceedings: Todd Flato and Diana Fenimore's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Fenimore filed.
PDF:
Date: 02/16/2015
Proceedings: Order Canceling Hearing (parties to advise status by March 6, 2015).
PDF:
Date: 02/13/2015
Proceedings: Order of Dismissal.
PDF:
Date: 02/02/2015
Proceedings: South Florida Water Management District's Motion to Dismiss Petition to Determine Invalidity of Agency Rule and Agency Statement filed.
PDF:
Date: 01/26/2015
Proceedings: South Florida Water Management District's Notice of Cancellation of Deposition (of Todd Flato) filed.
PDF:
Date: 01/26/2015
Proceedings: South Florida Water Management District's Notice of Cancellation of Telephonic Deposition (of Diana Fenimore) filed.
PDF:
Date: 01/23/2015
Proceedings: William Swaim's to Motion to Quash Non-party Subpoena of Todd Flato and Diana Finemore filed.
PDF:
Date: 01/22/2015
Proceedings: Notice of Appearance (Jennifer Dawn Brown) filed.
PDF:
Date: 01/20/2015
Proceedings: Order (denying motion to strike).
PDF:
Date: 01/16/2015
Proceedings: South Florida Water Management District's Notice of Taking Telephonic Deposition for Diana Fenimore filed.
PDF:
Date: 01/16/2015
Proceedings: William Swaim's Opposition to Respondent's Motion to Strike Attorney's Fees filed.
PDF:
Date: 01/15/2015
Proceedings: South Florida Water Management District's Notice of Taking Deposition for Todd Flato filed.
PDF:
Date: 01/15/2015
Proceedings: South Florida Water Management District's Motion to Strike filed.
PDF:
Date: 01/14/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/14/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for February 24, 2015; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 01/12/2015
Proceedings: Order of Assignment.
PDF:
Date: 01/12/2015
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Claudia Llado copying Ken Plante and the Agency General Counsel.
PDF:
Date: 01/09/2015
Proceedings: Petition to Determine Invalidity of Agency Rule and Agency Statement filed.

Case Information

Judge:
BRAM D. E. CANTER
Date Filed:
01/09/2015
Date Assignment:
01/12/2015
Last Docket Entry:
03/11/2015
Location:
West Palm Beach, Florida
District:
Southern
Agency:
Water Management Districts
Suffix:
RU
 

Counsels

Related Florida Statute(s) (1):