21-001965DRI
Department Of Economic Opportunity vs.
City Of Marathon, And Boat Works Investment, Llc
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 7, 2022.
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 7, 2022.
1IT IS ORDERED that the above-referenced proceeding is hereby dismissed.
11NOTICE OF RIGHTS
14Any party to this Order has the right to seek judicial review of the Final Order pursuant to
32section 120.68, Florida Statutes, by filing a Notice of Appeal pursuant to Rule 9.110, Florida
47Rules of Appellate Procedure, with the Clerk of the Commission, Office ofPolicy and Budget,
61Executive Office ofthe Governor, The Capitol, Room 1802, Tallahassee, Florida 32399-0001;
72and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the
90appropriate District Court of Appeal. The Notice of Appeal must be filed within 30 days of the
107day this Order is filed with the Clerk of the Commission.
118DONE AND ORDERED this 11th day of January, 2022.
127CHRIS SPENCER, Secretary
130Florida Land and Water
134Adjudicatory Commission
136FILED with the Clerk of the Florida Land and Water Adjudicatory Commission this 11th
150day of January, 2022.
154Is/ Barbara Lei ghty
158Clerk, Florida Land and Water
163Adjudicatory Commission
165CERTIFICATE OF SERVICE
168I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered to the
184following persons by United States mail, hand-delivery or electronic mail this 11th day of
198January, 2022.
200Is/ Barbara Lei gh t y
206Clerk, Florida Land and Water
211Adjudicatory Commission
213Honorable Ron DeSantis Honorable Jimmy Patronis
219Governor ChiefFinancial Officer
222The Capitol The Capitol
226Tallahassee, Florida 32399 Tallahassee, Florida 32399
232Honorable Ashley Moody Honorable Nicole Fried
238Attorney General Commissioner of Agriculture
243The Capitol The Capitol
247Tallahassee, Florida 32399 Tallahassee, Florida 32399
253Joshua E. Pratt, Esquire Honorable Francine M. Ffolkes
261Mark Buckles, Esquire Executive Director and Chief Judge
269Governor's Office Division of Administrative Hearings
275The Capitol The DeSoto Building
280Tallahassee, Florida 32399-0001 1230 Apalachee Parkway
286Tallahassee, Florida 32399-3060
289Thomas G. Thomas, General Counsel Dane Eagle, Executive Director
298Mary Linville Atkins, Assistant General Counsel Department ofEconomic Opportunity
307Valerie A. Wright, Assistant General Counsel Caldwell Building
315Department of Economic Opportunity 1 07 East Madison Street
324Caldwell Building, MSC 11 0 Tallahassee, Florida 32399-4128
332107 East Madison Street
336Tallahassee, Florida 32399-4128
339Honorable Mayor Luiz Gonzalez Steven T. Williams, Esquire
347City of Marathon Council Monroe County Attorney's Office
3559805 Overseas Highway 1111 12th Street, Suite 408
363Marathon, Florida 33050 Key West, Florida 33040
370Boat Works Investments, LLC John Allen Daum
37711500 Overseas Highway Boat Works Investments, LLC
384Marathon, Florida 33050 1 0512 Southwest 13 7th Place
393Miami, Florida 33186
396Barton William Smith, Esquire Luiz Gonzalez, Mayor
403Law Firm of Smith Hawks, PL City of Marathon Council
413138 Simonton Street 9805 Overseas Highway
419Key West, Florida 33040 Marathon, Florida 33050
426Christopher B. Deem, Esquire
430Law Firm of Smith Hawks, PL
436138 Simonton Street
439Key West, Florida 33040
- Date
- Proceedings
- PDF:
- Date: 12/02/2021
- Proceedings: Order Continuing Case in Abeyance (parties to advise status by January 5, 2022).
- PDF:
- Date: 11/01/2021
- Proceedings: Order Placing Case in Abeyance (parties to advise status by December 1, 2021).
- Date: 11/01/2021
- Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
- Date: 11/01/2021
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 10/29/2021
- Proceedings: Department's Motion to Strike Respondents' Pre-hearing Stipulation and Exclude Witnesses and Exhibits filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 10/29/2021
- Proceedings: Respondents' Joint Notice of Filing Correspondence regarding Jurisdiction filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing).
- PDF:
- Date: 10/29/2021
- Proceedings: Respondents' Joint Notice of Service of Proposed Final Hearing Exhibits filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: Notice of Filing Proposed Exhibits filed (exhibits not available for viewing) filed.
- Date: 10/29/2021
- Proceedings: Respondents Proposed Exhibits filed (exhibits not available for viewing) filed.
- Date: 10/29/2021
- Proceedings: Respondents Proposed Exhibits filed (exhibits not available for viewing) filed.
- PDF:
- Date: 10/29/2021
- Proceedings: City of Marathon and Boat Works Investments, LLC's Pre-Hearing Stipulation filed.
- PDF:
- Date: 10/28/2021
- Proceedings: Respondents' Joint Motion in Limine to Exclude Testimony of Justin Stiell filed.
- PDF:
- Date: 10/28/2021
- Proceedings: Respondents' Joint Notice of Filing Affidavit of Brian Shea and True and Correct Copy of the Approved Resolution and Development Agreement filed.
- PDF:
- Date: 10/28/2021
- Proceedings: Respondents' Joint Motion in Limine to Exclude Issues of Fact and Law not Pled or Framed in the Petition filed.
- PDF:
- Date: 10/28/2021
- Proceedings: Respondents' Joint Motion in Limine to Exclude Issues of Fact and Law not Pled or Framed in the Petition filed.
- PDF:
- Date: 10/28/2021
- Proceedings: Respondents' Joint Notice of Opposition to Petitioner's Unilateral Pre-Trial Stipulation filed.
- PDF:
- Date: 10/27/2021
- Proceedings: Respondents' Joint Motion to Dismiss Petition for Lack of Jurisdiction filed.
- PDF:
- Date: 10/27/2021
- Proceedings: Order Denying Motion to Issue Recommended Order and Relinquish Jurisdiction.
- PDF:
- Date: 10/27/2021
- Proceedings: Motion to Issue Recommended Order and Relinquish Jurisdiction filed.
- PDF:
- Date: 10/22/2021
- Proceedings: Respondent's Agreed-to Motion to Extend Deadline for Pre-Trial Stipulation filed.
- PDF:
- Date: 10/19/2021
- Proceedings: Notice of Service of Respondent, Boat Works Investments, LLC's Response to Petitioner's First Set of Interrogatories filed.
- PDF:
- Date: 10/18/2021
- Proceedings: Respondent, Boat Works Investments, LLC's Response to Petitioner's First Request for Production of Documents filed.
- PDF:
- Date: 10/15/2021
- Proceedings: Department of Economic Opportunity's Notice of Deposition by Videoconference filed.
- PDF:
- Date: 09/02/2021
- Proceedings: Respondent, Boat Works Investment, LLC's First Request for Production to Petitioner, Department of Economic Opportunity filed.
- PDF:
- Date: 09/01/2021
- Proceedings: Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for November 1 and 2, 2021; 9:00 a.m., Eastern Time).
- PDF:
- Date: 08/11/2021
- Proceedings: Notice of Service by Petitioner Florida Department of Economic Opportunity of First Request for Production to Respondent City of Marathon filed.
- PDF:
- Date: 08/03/2021
- Proceedings: Notice of Service of Respondent, Boat Works Investment, LLC's First Set of Interrogatories to Petitioner, Department of Economic Opportunity filed.
- PDF:
- Date: 08/03/2021
- Proceedings: Notice of Appearance fand Designation of E-Mail Addresses on Behalf of Respondent, Boat Works Investment, LLC iled.
- PDF:
- Date: 06/29/2021
- Proceedings: Notice of Hearing by Zoom Conference (hearing set for September 21 and 22, 2021; 9:00 a.m., Eastern Time).
Case Information
- Judge:
- FRANCINE M. FFOLKES
- Date Filed:
- 06/21/2021
- Date Assignment:
- 06/22/2021
- Last Docket Entry:
- 01/19/2022
- Location:
- Marathon, Florida
- District:
- Southern
- Agency:
- Other
- Suffix:
- DRI
Counsels
-
Mary Linville Atkins, Esquire
107 East Madison Street
Tallahassee, FL 32399
(850) 445-4678 -
John Allen Daum
10512 Southwest 137th Place
Miami, FL 33186 -
Luiz Gonzalez, Mayor
9805 Overseas Highway
Marathon, FL 33050 -
Boat Works Investments
11500 Overseas Highway
Marathon, FL 33050 -
Barbara R. Leighty, Agency Clerk
Room 1801
The Capitol
Tallahassee, FL 323990001
(850) 717-9491 -
Barton William Smith, Esquire
138 Simonton Street
Key West, FL 33040
(305) 296-7227 -
Thomas G. Thomas, General Counsel
Caldwell Building
107 East Madison Street
Tallahassee, FL 32399
(850) 245-7105 -
Steven T. Williams, Esquire
Suite 408
1111 12th Street
Key West, FL 33040
(305) 292-3470 -
Valerie A. Wright, Esquire
107 East Madison Street
Tallahassee, FL 323996508
(850) 245-7150 -
Christopher B Deem, Esquire
Address of Record -
Steven T Williams, Esquire
Address of Record