93-001499
Helen C. Sutton vs.
Tana Hubbard And Department Of Environmental Regulation
Status: Closed
Recommended Order on Wednesday, May 31, 1995.
Recommended Order on Wednesday, May 31, 1995.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8HELEN C. SUTTON, )
12)
13Petitioner, )
15)
16vs. ) CASE NOS. 93-1499
21) 93-6507
23TANA HUBBARD and STATE OF FLORIDA )
30DEPARTMENT OF ENVIRONMENTAL )
34PROTECTION, )
36)
37Respondent. )
39__________________________________)
40RECOMMENDED ORDER
42A formal hearing was conducted in this proceeding before Daniel Manry, a
54duly designated Hearing Officer of the Division of Administrative Hearings, on
65March 8 and 9, 1994, in Crystal River, Florida and on March 27, 1995, in
80Tallahassee, Florida.
82APPEARANCES
83For Petitioner: John H. Rains, III, Esquire
90Ammis, Mitchell, Cockey,
93Edwards & Roehn, P.A.
97One Tampa City Center Building, Suite 2100
104Tampa, Florida 33601
107For Respondent, Keith Hetrick, Esquire
112Department of Evelyn Davis Golden, Esquire
118Environmental M.B. Adelson, Esquire
122Protection: Douglas MacLaughlin, Esquire
126Department of Environmental Protection
1302600 Blair Stone Road
134Tallahassee, Florida 32399-2400
137For Respondent, Emily G. Pierce, Esquire
143Tana Hubbard: Marcia Penman Parker, Esquire
149Roger, Towers, Bailey, Jones & Gay
1551301 Riverplace Boulevard, Suite 1500
160Jacksonville, Florida 32207
163STATEMENT OF THE ISSUES
167The issues for determination in this proceeding are whether Respondent,
177Department of Environmental Protection (the "Department"), should issue a permit
188for an existing retaining wall and dock located at the residence of Respondent,
201Tana Hubbard ("Hubbard"), in waters of the state; and whether the Department
215should issue an after-the-fact consent of use for the dock.
225PRELIMINARY STATEMENT
227The Department issued a Notice of Intent to Issue a dredge and fill permit
241for construction of the Hubbard dock on November 4, 1992. On December 10, 1992,
255the Department issued a dredge and fill permit for the dock.
266Petitioner filed a Petition challenging the permit on December 7, 1992. On
278February 19, 1993, the Department dismissed the Petition. On March 4, 1993,
290Petitioner filed an Amended Petition. In the interim between the Petition and
302Amended Petition, Hubbard constructed the dock.
308The dock Hubbard constructed did not comply with the permitted plans.
319Hubbard notified the Department that the dock was not in compliance with the
332permitted plans.
334On July 30, 1993, Hubbard and the Department entered into a Consent Order
347approving the dock constructed by Hubbard. On October 5, 1993, Petitioner filed
359a petition challenging the Consent Order.
365Matters relevant to the project as constructed, the dredge and fill permit,
377and the Consent Order were addressed by the parties in the formal hearing
390conducted on March 8-9, 1994. The formal hearing was continued to address
402Petitioner's allegation that the dock was constructed on sovereign submerged
412lands without a consent of use.
418On September 2, 1994, the Department issued a Notice of Agency Statement
430that the Board of Trustees of the Internal Improvement Trust Fund (the "Board")
444claimed ownership of the submerged lands on which the dock was constructed.
456Hubbard applied for a consent of use and, on September 20, 1994, the Department
470issued an after-the-fact consent of use for the Hubbard dock.
480Petitioner challenged the consent of use and requested a formal hearing.
491Petitioner's challenge to the consent of use was heard on March 27, 1995.
504Pursuant to the agreement of the parties, the matters were consolidated.
515At the formal hearing on March 8-9, 1994, and March 27, 1995, Petitioner
528presented the testimony of three witnesses and submitted 13 exhibits for
539admission in evidence. Respondents presented the testimony of nine witnesses
549and submitted 35 exhibits for admission in evidence. The identity of the
561witnesses and exhibits and the evidentiary rulings regarding each are set forth
573in the transcripts of the formal hearings filed with the undersigned on March
58617, 1994, March 27 and 29, 1995, and on April 6, 1995.
598The parties timely filed proposed recommended orders ("PROs") on April 27,
6111995. Proposed findings of fact in Respondents' PRO are accepted in this
623Recommended Order. Proposed findings of fact in Petitioner's PRO are addressed
634in the Appendix to this Recommended Order.
641FINDINGS OF FACT
6441. Dredge And Fill Permit And Consent Order
6521.01 Background
6541. On December 10, 1992, the Department issued a dredge and fill permit
667pursuant to Florida Administrative Code Rule 17-312. 1/ The permit was issued
679to Hubbard in care of Dock Masters of Homosassa, Inc. ("Dock Masters"). Dock
694Masters is the entity responsible for the project.
7022. The project is located in a lagoon off Kings Bay, in the Crystal River
717in Citrus County, Florida. It is in a man-altered Class III waterbody in
730Section 28, Township 18 South, Range 17 West, on Lot 15, West Baywater Court.
7443. The permit authorized construction of an 883 square foot single family
756dock and 70 foot retaining wall. The permit required Hubbard to create 346
769square feet of wetlands as mitigation and to dedicate all remaining wetlands on
782the site as a conservation easement to the Department.
7914. The dock is constructed several feet east of the permitted location and
804is built in a slightly different configuration. The permitted square footage
815over the water is
819reduced in the dock actually constructed by approximately 20 feet. About 10
831feet of fill is added to wetlands.
8385. Hubbard notified the Department of the discrepancy between the
848permitted dock and the dock actually constructed. In July, 1993, the Department
860inspected the site and determined that the dock was not constructed in
872accordance with the permit.
8766. The Department determined that there was a violation of the permit.
888The location and configuration of the dock actually constructed did not comply
900with the permitted plans. However, the Department determined that the dock
911actually constructed was permittable.
9157. The Department entered into a Consent Order with Dock Masters approving
927the dock actually constructed. The Consent Order imposed civil penalties of
938$932 and costs of $150 but required no corrective action.
9488. During the formal hearing conducted on March 8-9, 1994, Hubbard
959requested that the dock actually constructed be shortened 3.5 feet and that a
972four foot section of the west side of the dock be removed (the "as-built dock").
988Modifications included in the as-built dock are minor. They merely reduce the
1000size of the dock and do not create additional adverse impacts.
10119. Petitioner is an adjacent land owner to the as-built dock.
1022Petitioner's dock is configured, more or less, parallel to the shore line. The
1035as-built dock on Hubbard's property is configured, more or less, perpendicular
1046to the shore line.
105010. The as-built dock extends farther into the lagoon than does
1061Petitioner's dock. In addition, the as-built dock is situated between
1071Petitioner's dock and the confluence of the lagoon and King's Bay.
10821.02 Navigation
108411. The as-built dock does not adversely impact navigation. The as-built
1095dock extends approximately 37 feet into the lagoon. The lagoon is approximately
1107197 feet wide at the project site. There is 160 feet of open water in which to
1124navigate past the as- built dock.
113012. Depths in the open water beyond the end of the as-built dock are
1144adequate for navigation. During low tide, depths in the lagoon at the project
1157site are: 3.5 feet at the end of the as- built dock; 5.0 feet, 40 feet from the
1175end of the dock; 4.4 feet, 80 feet from the end of the dock; and 3.0 feet, 120
1193feet from the dock.
119713. The as-built dock does not adversely affect boaters' ingress and egress
1209into and out of the lagoon. The center of the navigational channel in the
1223lagoon is approximately 40 feet from the edge of the as-built dock. In
1236extremely low tides, areas around the as-built dock will go dry before the
1249center of the navigational channel goes dry.
125614. Boat traffic in the lagoon is sparse at the project site. Boats using
1270the lagoon are required to travel at idle speed. The speed limit is posted on
1285signs in the lagoon.
128915. The as-built dock does not present a navigational hazard. The dock is
1302easily seen and is lighted at night.
13091.03 Manatees
131116. The as-built dock will not adversely impact manatees. The area around
1323the project site is not a core area for manatees. The as-built dock is a single
1339family dock with a berth for one boat.
134717. The U.S. Fish and Wildlife Service and the Department's Threatened and
1359Endangered Species Section have responsibility for protecting manatees. Both
1368agencies were contacted regarding the Hubbard dock. Neither agency objects to
1379the as-built dock.
138218. Manatees congregate around large springs. There are no large springs
1393near the project site. The two nearest manatee sanctuaries are approximately
14042,000 feet from the as-built dock.
141119. No boating or snorkeling is allowed in the manatee sanctuaries during
1423manatee season. Boat traffic in the lagoon where the as-built dock is located
1436is limited to idle speed.
144120. Manatees feed on hydrilla. Hydrilla is the predominant submerged plant
1452around the project site.
145621. The as-built dock has no significant adverse impact on hydrilla in the
1469area. Even if the as-built dock had an adverse impact on hydrilla, the as-built
1483dock will not significantly reduce the amount of hydrilla available for manatee
1495feeding.
149622. Hydrilla is an exotic plant that crowds out native plants. Hydrilla is
1509harvested or treated with herbicides by
1515Citrus County to try to control the growth of hydrilla. Citrus County attempted
1528to control the growth of hydrilla by harvesting or treating approximately 666
1540acres of hydrilla in 1992 and approximately 580 acres in 1993.
15511.04 Other Potential Impacts
155523. The as-built dock will not cause any other adverse impacts to the
1568public interest. The as-built dock does not adversely affect the property of
1580others living on the lagoon and does not prevent reasonable access to any other
1594property on the lagoon.
159824. The as-built dock does not adversely affect public safety. The dock is
1611highly visible and is lighted at night. The project is located in an area in
1626which boat traffic is limited to idle speed.
163425. The as-built dock does not adversely affect the conservation of fish
1646and wildlife species, including threatened or endangered species, or the
1656habitats of such fish and wildlife species. Aquatic habitat around the as-built
1668dock is functioning normally.
167226. Shoreline vegetation is relatively natural and includes sawgrass,
1681arrowhead, cedars, and red bay trees. The mitigation area has been correctly
1693initiated and is now tending toward success as plantings mature. Use of the as-
1707built dock avoids damage to shoreline and submerged vegetation that otherwise
1718may occur if a boat were brought to shore in the absence of the dock.
173327. Various species of fish use the area, but the primary species is
1746mullet. The retaining wall will benefit fish and wildlife habitat by preventing
1758fertilizer and other yard chemicals from draining directly into the lagoon and
1770causing water quality problems.
177428. Fish and wildlife habitat is further protected from adverse impacts by
1786permit conditions. Permit conditions prohibit live-aboard boats, fueling
1794facilities, and fish cleaning facilities at the dock.
18021.05 Cumulative Impacts
180529. The as-built dock and similar facilities in the area will not have a
1819cumulative adverse impact on fish and wildlife habitat, endangered species, or
1830navigation. Hubbard conveyed a conservation easement to the Department covering
1840the remaining 400 feet of her shoreline.
184730. No future permitted or permit exempt docks can be built on Hubbard's
1860shoreline. Remaining wetlands on-site will be preserved in perpetuity.
186931. Few docks and seawalls can be constructed in the area in the future.
1883Substantially all of the residential lots in the area along the lagoon have:
1896already been built out; already have water dependent facilities such as docks
1908and slips; and already are sea-walled or rip-rapped.
191632. The state's land acquisition program (the "P-2000 Program") is seeking
1928to acquire major tracts along the Crystal
1935River in nearby areas. Those acquisitions will prevent similar future
1945development in areas farther from the as-built dock.
19531.06 Benefits To The Public Interest
195933. The as-built dock has resulted in benefits to the public interest
1971including the conservation easement over 400 feet of shoreline and wetlands.
1982The conservation easement will benefit the public interest by permanently
1992preserving fish and wildlife habitat.
199734. The as-built dock helps prevent prop dredging that may otherwise occur
2009if a boat were kept on the shoreline in the absence of a dock. The retaining
2025wall will reduce fertilizer and yard chemical runoff into the lagoon.
20362. Consent Of Use
20402.01 Background
204235. The Department notified Hubbard on September 2, 1994, that the as-built
2054dock and retaining wall are located on sovereign submerged lands. Hubbard
2065applied for an after-the-fact consent of use pursuant to Florida Administrative
2076Code Chapter 18-21. On September 20, 1994, the Department issued an after- the-
2089fact consent of use on Project No. 091923403 to allow Hubbard to maintain and
2103use the dock on sovereign submerged land.
21102.02 Review Of The Dock
211536. The as-built dock was reviewed by Mr. Todd A. Vandeberg, Planning
2127Manager for the Department's Southwest District, Mr. Henry Michaels, and Mr.
2138Matt Clements in accordance with Rule 18- 21 and the Department's guidelines and
2151policies for issuing consents of use for single family docks. See, Submerged
2163Lands Environmental Resources Program Operations and Manual, Volume III (the
"2173Operations Manual"). Mr. Michaels and Mr. Clements performed an on-site
2184compliance check with respect to the as- built dock in accordance with Rule 18-
219821 and the Operations Manual.
220337. The as-built dock is not contrary to the public interest. The dock
2216preempts less than 1,000 square feet of sovereign land for each 100 linear feet
2231of shoreline owned by Hubbard. The dock meets the 25 foot setback requirements
2244of the Board. The dock extends only to a depth of three feet rather than the
2260four foot depth allowed. The dock extends across only 19 percent of the width
2274of the lagoon.
22772.03 Intent And Purpose Of The Board
228438. The as-built dock insures maximum benefit and use of sovereign
2295submerged lands for all citizens of Florida. The dock does not prevent the
2308continued enjoyment of traditional uses of the lagoon by the public including
2320navigation, fishing, and swimming.
232439. The as-built dock extends into the lagoon only as far as necessary. 2/
2338The as-built dock does not constitute a navigational hazard.
234740. The as-built dock provides maximum protection for the management and
2358use of sovereign submerged lands including public recreation and fish and
2369wildlife propagation and management. Hubbard provided a conservation easement
2378along the majority of her shoreline. The easement is being well maintained.
239041. Issuance of the consent of use was coordinated with the Department's
2402regulatory staff. The as-built dock minimized or eliminated the cutting,
2412removal, and destruction of wetland vegetation. The as-built dock will not
2423adversely impact manatees or their habitat.
242942. The as-built dock aids in the implementation of the State Lands
2441Management Plan. It is consistent with the state's overall management plan for
2453the management of all sovereign lands. The as-built dock is consistent with the
2466Board's specific standards and criteria for siting docking facilities. 3/
247643. The consent of use contains terms, conditions, and restrictions
2486sufficient to protect and manage sovereign lands. The consent of use contains
2498general conditions established by the Department pursuant to Chapter 253,
2508Florida Statutes, 4/ and Rule 18-21.
251444. The as-built dock is a water dependent facility. It is not enclosed or
2528climatized for human habitation. The primary purpose of the dock is to moor a
2542vessel. Secondary uses include fishing and recreational activities such as
2552swimming and sun bathing. 5/
255745. The primary purpose and secondary uses for the as-built dock are
2569consistent with the Board's stated goal that all sovereign lands are single use
2582lands which should be managed for traditional recreational uses such as fishing,
2594boating, and swimming. The dock provides ingress and egress to the lagoon and
2607provides a safe place to moor a boat.
261546. No significant adverse impacts will result from Hubbard's use of
2626sovereign lands and associated resources, including fish and wildlife habitat
2636and endangered and threatened species. A conservation easement along a majority
2647of the Hubbard shoreline protects existing resources beyond the area of the
2659dock.
266047. The as-built dock was designed and constructed to minimize or eliminate
2672cutting, removal, and destruction of wetland vegetation. 6/ No dredging of
2683sovereign lands was required to construct the as-built dock.
269248. The as-built dock protects the riparian rights of adjacent property
2703owners. The as-built dock meets applicable setback requirements.
2711CONCLUSIONS OF LAW
271449. The Division of Administrative Hearings has jurisdiction over the
2724subject matter of this proceeding and the parties thereto. The parties were
2736duly noticed for the formal hearing.
27423. Burden Of Proof
274650. The applicant carries the ultimate burden of proof throughout this
2757proceeding. Hubbard must show by a preponderance of the evidence that she is
2770entitled to the permit and consent of use. Department of Transportation v.
2782J.W.C. Co., Inc., 396 So. 2d 778, 787 (Fla. 1st DCA 1981).
279451. For the permit, Hubbard must make a prima facie showing which provides
2807reasonable assurances that the as-built dock: (a) will not adversely affect
2818water quality; (b) is clearly in the public interest; and (c) will not cause
2832adverse cumulative or secondary impacts. Sections 403.918(1) and (2). If the
2843applicant makes a prima facie showing of reasonable assurances, the burden
2854shifts to Petitioner to go forward with contrary evidence that proves the
2866allegations in the petition for formal hearing. J.W.C., 396 So.2d at 789. The
2879permit can not be denied unless Petitioner presents contrary evidence of
2890equivalent value. Id.
289352. For the consent of use, the applicant has the ultimate burden of proof.
2907The applicant must show by a preponderance of the evidence that she is entitled
2921to the consent of use. Id.
29274. The Permit
293053. The parties stipulated that the as-built dock will not adversely affect
2942water quality within the meaning of Section 403.918(1). In determining whether
2953the as-built dock is clearly in the public interest, Section 403.918(2)(a)
2964requires the following seven criteria to be balanced:
29721. Whether the project will adversely affect
2979the public health, safety, or welfare, or
2986the property of others;
29902. Whether the project will adversely affect
2997the conservation of fish and wildlife,
3003including endangered species, or their
3008habitat;
30093. Whether the project will adversely affect
3016navigation or the flow of water or cause
3024harmful erosion or shoaling;
30284. Whether the project will adversely affect
3035the fishing or recreational value or marine
3042productivity in the vicinity of the project;
30495. Whether the project will be of temporary or
3058permanent nature;
30606. Whether the project will adversely affect or
3068will enhance significant historical and
3073archaeological resources under the provisions
3078of Section 267.061, F.S.; and
30837. The current condition and relative value of
3091functions being performed by areas affected
3097by the proposed activity.
310154. The parties stipulated: that the as-built dock is of a permanent
3113nature, within the meaning of Section 403.918(2)(a) 5.; and that it will not
3126violate the criteria in Section 403.918(2)(a) 6. The parties further stipulated
3137that the as- built dock will not adversely affect the flow of water or cause
3152harmful erosion or shoaling within the meaning of Section 403.918(2)(a) 3.
316355. The as-built dock does not adversely affect either navigation or the
3175public health, safety, or welfare within the meaning of Sections 403.918(2)(a)
31863. and 1., respectively. Boaters are required to travel at idle speed in the
3200lagoon. There is approximately 160 feet of open water, from the edge of the
3214dock across the lagoon, in which to navigate. The center of the navigation
3227channel is 40 feet from the edge of the dock.
323756. Boaters traveling between Hubbard's shoreline and the edge of the dock
3249are able to see the dock in sufficient time to steer around it. The applicant
3264has installed devices that make the dock visible at night.
327457. The as-built dock does not adversely affect the property of others. It
3287does not diminish ingress or egress to and from the property of adjacent
3300property owners and does not diminish the full use and enjoyment of their
3313property.
331458. The as-built dock will not adversely affect the conservation of fish
3326and wildlife, including endangered or threatened species within the meaning of
3337Section 403.918(2)(a) 2. Fish and wildlife in the area other than manatees are
3350primarily transitory.
335259. The closest manatee sanctuaries are 2,000 feet from the project. The
3365project does not cause concern for manatees.
337260. The as-built dock does not adversely affect fishing, recreational
3382value, or marine productivity in the area within the meaning of Section
3394403.918(2)(a) 4. The primary affect of the dock is shading. Shading from the
3407dock is minimal and will not adversely affect sea grass beds in the area.
3421Shading is beneficial to some types of fish in the area.
343261. The as-built dock will not adversely affect the current condition and
3444relative value of functions being performed in the area within the meaning of
3457Section 403.918(2)(a) 7. Any lost wetland functions are replaced through the
3468mitigation plan. Water quality benefits are provided by the retaining wall.
3479Permit conditions are adequate to prevent potential adverse impacts.
348862. The as-built dock does not create any adverse secondary impacts.
3499Permit conditions are adequate to prohibit secondary impacts including "live-
3509aboards", fueling facilities, and fish cleaning facilities.
351663. The as-built dock does not create any adverse cumulative impacts. The
3528remainder of the applicant's shoreline and wetlands are located within a
3539permanent conservation easement which precludes the construction of additional
3548docks on the applicant's property.
355364. Any impacts that have occurred from the dock are minimal and are
3566compensated for in the mitigation plan. The project creates a permanent
3577conservation easement over 400 feet of shoreline and wetlands, thereby
3587preserving fish and wildlife habitat. Docking a boat in water that is deeper
3600than water at the shoreline prevents prop damage to shoreline areas. The
3612retaining wall provides some water quality benefit.
361965. The as-built dock, existing docks, and reasonably anticipated future
3629docks do not create any adverse cumulative impacts. Major portions of the area
3642are being preserved through public acquisition. Some docks in the area are
3654being removed from use.
365866. Petitioner alleged that the as-built dock violates the Citrus County
3669Manatee Protection Plan. As a matter of law, however, the Department has no
3682authority to deny a permit application on the basis of local restrictions. The
3695denial or issuance of a permit must be based upon the Department's standards and
3709criteria. Taylor v. Cedar Key Special Water & Sewerage District, 590 So.2d 481
3722(Fla. 1st DCA 1991); Council of the Lower Keys v. Charley Toppino & Sons, Inc.,
3737429 So.2d 67, 68 (Fla. 3d DCA 1983). No finding is made regarding Petitioner's
3751allegation that the as-built dock violates local restrictions.
37595. The Consent Of Use
376467. The as-built dock is constructed on sovereign submerged lands. Use of
3776sovereign submerged lands requires approval from the Department. Section
3785253.77(1).
378668. The type of approval required for use of sovereign submerged land is
3799prescribed in Rule 18-21.005. The as-built dock requires a consent of use.
3811Rule 18-21.005(1)(a).
381369. The criteria for issuing a consent of use are set forth in Rule 18-
382821.004. The only disputed criteria are: whether the as-built dock is a water
3841dependent activity, within the meaning of Rule 18-21.004(1)(d); whether the
3851activity has an adverse impact on the natural resources of the state, within the
3865meaning of Rule 18-21.004(2); and whether the activity interferes with the
3876riparian rights of adjacent land owners within the meaning of Rule 18-21.004(3).
388870. The as-built dock does not adversely affect the natural resources of
3900the state within the meaning of Rule 18-21.004(2). See, paras. 53-66, supra.
3912Nor does the dock interfere with the riparian land owners within the meaning of
3926Rule 18-21.004(3). See, para. 57, supra.
393271. The as-built dock is a water dependent activity within the meaning of
3945Rule 18-21.003(56). The definition of a water dependent activity includes one
3956which requires direct access to sovereign submerged lands for recreation. The
3967purpose of the as- built dock is for recreation.
397672. The Department provided adequate explication for its non-rule policy
3986that distinguishes water dependent activities from other activities. The dock
3996is not enclosed or climatized for human habitation. The primary purpose of the
4009dock is to moor a vessel. Secondary uses include fishing and recreational
4021activities such as swimming and sun bathing.
40286. Attorney Fees
403173. The request in Petitioner's PRO for attorney fees is denied. Hubbard
4043showed by a preponderance of the evidence that she is entitled to a permit and
4058consent of use. That evidence was credible, persuasive, and substantial. The
4069contrary evidence submitted by Petitioner was, at best, minimal.
4078RECOMMENDATION
4079Based upon the foregoing Findings of Fact and Conclusions of Law, it is
4092RECOMMENDED that the Department enter a Final Order granting Hubbard's
4102application for a permit and consent of use, approving the consent order entered
4115into between the Department and Hubbard, and denying Petitioner's request for
4126attorney fees.
4128RECOMMENDED this 31st day of May, 1995, in Tallahassee, Florida.
4138___________________________________
4139DANIEL MANRY
4141Hearing Officer
4143Division of Administrative Hearings
4147The DeSoto Building
41501230 Apalachee Parkway
4153Tallahassee, Florida 32399-1550
4156(904) 488-9675
4158Filed with the Clerk of the
4164Division of Administrative Hearings
4168this 31st day of May, 1995.
4174ENDNOTES
41751/ All references to rules are to rules in the Florida Administrative Code
4188published as of the date of this Recommended Order.
41972/ The as-built dock extends only to a depth of three feet rather than the four
4213foot depth allowed by applicable rules. The dock extends across only 19 percent
4226of the lagoon.
42293/ The dock preempts less than 1,000 square feet of sovereign land area for
4244each 100 linear feet of shoreline owned by Hubbard. The dock meets the 25 foot
4259setback requirement. The dock extends only to a depth of three feet, and it
4273extends across only 19 percent of the width of the lagoon. The primary purpose
4287of the dock is to moor a vessel.
42954/ All chapter and section references are to Florida Statutes (1993) unless
4307otherwise stated.
43095/ A non-water dependent dock is one for which the vertical area between the
4323framing of the roof and the upper surface of the walkway of the dock is enclosed
4339on all four sides and/or is climatized for human habitation.
43496/ Hydrilla is the predominant submerged plant in the area. It is an exotic,
4363non-native species. The as-built dock will have no significant adverse impact
4374on the growth of hydrilla.
4379APPENDIX TO RECOMMENDED ORDER, CASE NO. 93-1499
4386Petitioner's Proposed Findings Of Fact.
43911.-5. Accepted in substance
43956. Rejected as conclusion of law and legal argument
44047. Rejected as not supported by credible and persuasive
4413evidence
44148.-9. Rejected as recited testimony and as not supported by a
4425preponderance of evidence
442810.-12. Rejected as not supported by credible and persuasive
4437evidence
443813. Rejected as recited testimony
444314.-15. Rejected as irrelevant and immaterial
444916.-18. Rejected as not supported by credible and persuasive
4458evidence or as irrelevant and immaterial
446419. Rejected as recited testimony
446920. Accepted in substance
447321.-22. Rejected as immaterial
447723.-28. Findings concerning activities other than water
4484dependent activities are rejected as not supported by
4492credible and persuasive evidence. Findings concerning
4498the Citrus County Manatee Plan are rejected as
4506irrelevant and immaterial. See para. 57 supra. Other
4514findings are rejected as conclusions of law and as
4523irrelevant and immaterial.
452629. Rejected as conclusion of law
453230.-32. Accepted in substance
453633.-38. Rejected as not supported by credible and persuasive
4545evidence and as a conclusions of law
455239.-41. Rejected as an issue of fact that is not disputed by
4564the parties
456642. Rejected as recited testimony
457142. Rejected as an issue of fact that is not disputed by
4583the parties
4585Respondents' Proposed Findings Of Fact.
4590Respondents' proposed findings of fact are accepted in this Recommended Order.
4601COPIES FURNISHED:
4603Virginia B. Wetherell, Secretary
4607Department of Environmental Protection
4611Twin Towers Office Building
46152600 Blair Stone Road
4619Tallahassee, Florida 32399-2400
4622Kenneth Plante, Esquire
4625General Counsel
4627Department of Environmental Protection
4631Twin Towers Office Building
46352600 Blair Stone Road
4639Tallahassee, Florida 32399-2400
4642John H. Rains, III, Esquire
4647Ammis, Mitchell, Cockey, Edwards
4651& Roehn, P.A.
4654Suite 2100
4656One Tampa City Center Building
4661Tampa, Florida 33601
4664Keith Hetrick, Esquire
4667Evelyn Davis Golden, Esquire
4671M.B. Adelson, Esquire
4674Douglas MacLaughlin, Esquire
4677Department of Environmental Protection
46812600 Blair Stone Road
4685Tallahassee, Florida 32399-2400
4688Emily G. Pierce, Esquire
4692Marcia Penman Parker, Esquire
4696Roger, Towers, Bailey, Jones & Gay
47021301 Riverplace Boulevard, Suite 1500
4707Jacksonville, Florida 32207
4710NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
4716All parties have the right to submit written exceptions to this Recommended
4728Order. All agencies allow each party at least 10 days in which to submit
4742written exceptions. Some agencies allow a larger period within which to submit
4754written exceptions. You should contact the agency that will issue the final
4766order in this case concerning agency rules on the deadline for filing exceptions
4779to this Recommended Order. Any exceptions to this Recommended Order should be
4791filed with the agency that will issue the final order in this case.
4804STATE OF FLORIDA
4807DIVISION OF ADMINISTRATIVE HEARINGS
4811HELEN C. SUTTON, )
4815)
4816Petitioner, )
4818)
4819vs. ) CASE NOS. 93-1499
4824) 93-6507
4826TANA HUBBARD and STATE OF FLORIDA ) 94-6501
4834DEPARTMENT OF ENVIRONMENTAL )
4838PROTECTION, )
4840)
4841Respondent. )
4843__________________________________)
4844CORRECTED ORDER
4846The Recommended Order entered on May 31, 1995, is corrected nunc pro tunc
4859to include all three cases that were consolidated prusuant to the agreement of
4872the parties.
4874DONE and ORDERED this 1st day of June, 1995.
4883___________________________________
4884DANIEL S. MANRY
4887Hearing Officer
4889Division of Administrative Hearings
4893The DeSoto Building
48961230 Apalachee Parkway
4899Tallahassee, Florida 32399-1550
4902(904) 488-9675
4904Filed with the Clerk of the
4910Division of Administrative Hearings
4914this 1st day of June, 1995.
4920COPIES FURNISHED:
4922Virginia B. Wetherell, Secretary
4926Department of Environmental Protection
4930Twin Towers Office Building
49342600 Blair Stone Road
4938Tallahassee, Florida 32399-2400
4941Kenneth Plante, Esquire
4944General Counsel
4946Department of Environmental Protection
4950Twin Towers Office Building
49542600 Blair Stone Road
4958Tallahassee, Florida 32399-2400
4961John H. Rains, III, Esquire
4966Ammis, Mitchell, Cockey, Edwards
4970& Roehn, P.A.
4973Suite 2100
4975One Tampa City Center Building
4980Tampa, Florida 33601
4983Keith Hetrick, Esquire
4986Evelyn Davis Golden, Esquire
4990M.B. Adelson, Esquire
4993Douglas MacLaughlin, Esquire
4996Department of Environmental Protection
50002600 Blair Stone Road
5004Tallahassee, Florida 32399-2400
5007Emily G. Pierce, Esquire
5011Marcia Penman Parker, Esquire
5015Roger, Towers, Bailey, Jones & Gay
50211301 Riverplace Boulevard, Suite 1500
5026Jacksonville, Florida 32207
5029=================================================================
5030AGENCY FINAL ORDER
5033=================================================================
5034STATE OF FLORIDA
5037DEPARTMENT OF ENVIRONMENTAL PROTECTION
5041HELEN C. SUTTON,
5044Petitioner, OGC Case Nos. 92-2226
504993-2807
5050vs. 94-3663
5052TANA HUBBARD and DOAH Case Nos. 93-1499
5059DEPARTMENT OF ENVIRONMENTAL 93-6507
5063PROTECTION, 94-6501
5065Respondents.
5066_____________________________/
5067FINAL ORDER
5069On May 31, 1995, a Hearing Officer with the Division of Administrative
5081Hearings (hereafter "DOAH"), submitted his Recommended Order to the Respondent,
5092Department of Environmental Protection (hereafter "Department") 1/ Copies of
5102the Recommended Order were simultaneously served on the Petitioner, Helen C.
5113Sutton (hereafter "Petitioner"), and on the Co-Respondent, Tana Hubbard
5123(hereafter "Hubbard"). A copy of the Recommended Order is attached hereto as
5136Exhibit A.
5138On June 12, 1995, Petitioner filed with the Department her Exceptions to
5150the Recommended Order, Objection to Ex Parte communication with Agency Head and
5162Request for Oral Argument. The Department filed its Response to Petitioner's
5173Exceptions to Recommended Order and Request for Oral Argument on June 15, 1995.
5186No response was filed on behalf of Hubbard. The matter is now before the
5200Secretary of the Department for final agency action.
5208Background
5209Hubbard filed an application with the Department for a permit to construct
5221a single family dock and related retaining wall in Citrus County, Florida. The
5234project site is located adjacent to and in the waters of a lagoon off the King's
5250Bay portion of Crystal River. King's Bay is classified as a man-altered Class
5263III water body /2 and is designated an Outstanding Florida Water. /3
5275The Department issued a preliminary Notice of Intent to Issue the requested
5287permit on November 4, 1992. Petitioner filed a challenge to the permit on
5300December 7, 1992, which was dismissed as untimely by the Department on February
531319, 1993, with leave to amend. On December 10, 1992, the Department issued
5326permit number 091923403 authorizing Hubbard to construct the dock and retaining
5337wall project, subject to various restrictions and conditions set forth in the
5349permit. Petitioner filed an amended petition challenging the project on March
53604, 1993, but Hubbard had constructed the dock and retaining wall between the
5373time that the permit was issued and the time of Petitioner's filing of the
5387amended petition.
5389Hubbard subsequently notified the Department that the dock had not been
5400constructed in compliance with the plans and specifications submitted to and
5411approved by the Department. On September 14, 1993, /4 the Department entered
5423into a Consent Order in OGC Case No. 93-2807 approving Hubbard's as-built dock
5436structure. Petitioner then filed a petition challenging the propriety of the
5447Consent Order.
5449During this period of time, the issue of Hubbard's use of sovereign
5461submerged lands was also raised. On September 2, 1994, the Department issued a
5474Notice of Agency Statement that the Board of Trustees of the Internal
5486Improvement Trust Fund of the State of Florida ("Board of Trustees") claimed
5500ownership of the submerged lands on which Hubbard's dock had been constructed.
5512Hubbard then applied for a consent of use for the submerged lands underlying the
5526dock facility, and the Department issued an after-the-fact consent of use on
5538September 20, 1993. Petitioner subsequently filed a timely challenge to the
5549consent of use and requested a formal administrative hearing.
5558Pursuant to agreement of the parties, Petitioner's three administrative
5567challenges to Hubbard's dock structure were consolidated by DOAH. A two part
5579formal administrative hearing was held in these consolidated cases before DOAH
5590Hearing Officer Daniel Manry ("Hearing Officer"). The first part of the hearing
5604was held on March 8-9, 1994, in Crystal River, Florida. The second part of the
5619hearing was held in Tallahassee, Florida, on March 27, 1995. Proposed
5630recommended orders were timely filed by the parties after the completion of the
5643formal hearing and the Hearing Officer's Recommended Order was entered on May
565531, 1995.
5657The Hearing Officer rejected all of Petitioner's claims and ruled that
5668Hubbard's as-built dock structure complied with the applicable water quality
5678standards for permitting and consent of use criteria. The Hearing Officer
5689recommended that the Department enter a Final Order "granting Hubbard's
5699application for a permit and consent of use, approving the consent order entered
5712into between the Department and Hubbard, and denying Petitioner's request for
5723attorney fees." (Rec. Order, p. 20)
5729Ruling on Petitioner's Reguest for Oral Argument
5736Petitioner's exceptions were accompanied by a Request for Oral Argument
5746pursuant to Rule 62-103.200(3), Florida Administrative Code. These rule
5755provisions state that the Secretary, in her discretion, may grant oral argument
5767in support of a party's exceptions to a Recommended Order submitted by a DOAH
5781hearing officer. The matters before the Secretary of the Department for
5792consideration are adequately set forth in Petitioner's written exceptions and
5802the Department's written response thereto and oral argument is not necessary to
5814clarify the issues. Accordingly, Petitioner's Request for Oral Argument is
5824denied.
5825Rulings on Petitioner's Exceptions Preface
5830Petitioner filed several exceptions taking issue with certain evidentiary
5839rulings at the final hearing and the Hearing Officer's rulings in the Appendix
5852to Recommended Order rejecting portions of her Proposed Findings of Fact.
5863Petitioner also takes exception to the Hearing Officer's conclusion of law
5874rejecting her request for award of attorney's fees. As a preface to the rulings
5888on the Petitioner's exceptions, it is appropriate to comment on the standard of
5901review imposed by law on an agency in reviewing recommended orders submitted by
5914DOAH hearing officers.
5917Under Section 120.57(1)(b)10, Florida Statutes, a reviewing agency may
5926reject or modify the conclusions of law and interpretations of administrative
5937rules contained in the recommended order of an administrative hearing officer.
5948However, these statutory provisions mandate that an agency may not reject or
5960modify findings of fact made by a hearing officer, unless a review of the
5974complete record demonstrates that such findings were not based on competent
5985substantial evidence or that the proceedings on which the findings were based do
5998not comply with the essential requirements of law. See Freeze v. Dept. of
6011Business Regulation, 556 So.2d 1204 (Fla. 5th DCA 1990); Florida Department of
6023Corrections v. Bradley, 510 So.2d 1122 (Fla. 1st DCA 1987).
6033The agency reviewing a recommended order may not reweigh the evidence,
6044resolve conflicts therein or judge the credibility of witnesses, as those are
6056evidentiary matters within the province of the hearing officer as the trier of
6069the facts. Heifetz v. Dept. of Business Reu1ation, 475 So.2d 1277 (Fla. 1st DCA
60831985). Consequently, if the record of the DOAH proceedings discloses any
6094competent, substantial evidence to support a finding of fact made by the hearing
6107officer, the reviewing agency is bound by such finding. Bradley, supra, 1123.
6119Exceptions 2A and 2B
6123These two exceptions deal with Petitioner's unsuccessful attempt to
6132introduce evidence at the DOAH final hearing relating to her claim that
6144Hubbard's dock failed to comply with the Citrus County Manatee Protection Plan.
61565/ The Hearing Officer sustained objections to this evidence at the final
6168hearing and rejected Petitioner's Proposed Findings of Fact 25-27 dealing with
6179the Citrus County Manatee Protective Plan on grounds of irrelevancy and
6190immateriality. (App. to Rec. Order, p. 22) Factual issues susceptible of
6201ordinary methods of proof that are not infused with agency policy considerations
6213are within the perogative of the Hearing Officer, as the trier of the facts.
6227See Heifetz, sura, 1281. There are no apparent overriding policy considerations
6238presented here relating to these evidentiary rulings of the Hearing Officer that
6250the issue of Hubbard's compliance with the Citrus County Manatee Protective Plan
6262is irrelevant and immaterial in these consolidated cases.
6270The Hearing Officer made a related ruling in Conclusion of Law 66 that the
6284Department has no legal authority to deny a permit application based on local
6297restrictions, such as the Citrus County Manatee Protective Plan. The Hearing
6308Officer cited controlling appellate decisions of Florida holding that permits
6318must be granted or denied by the Department based solely on the permitting
6331criteria set forth in the governing pollution control statutes and the
6342Department's implementing rules. See Taylor v. Cedar Key Sewerage District, 590
6353So.2d 481, 484 (Fla. 1st DCA 1991); Council of the Lower Keys v. Charley Toppino
6368& Sons, Inc., 429 So.2d 67, 68 (Fla. 3d DCA 1983).
6379The Hearing Officer's conclusion that the Department has no authority to
6390deny a permit to construct a dock based on purported noncompliance with elements
6403of Citrus County's Manatee Protection Plan is affirmed. The issues presented in
6415these proceedings are whether Hubbard's existing dock complies with the state's
6426applicable water quality standards and sovereign submerged lands consent of use
6437criteria. The Hearing Officer found that the dock site is not a core area for
6452manatees and that Hubbard's dock structure will not adversely impact manatees.
6463/6 (Rec. Order, para. 16) Paragraph 17 Of the Recommended Order also contains a
6477finding that both the U.S. Fish and Wildlife Service and the Department's
6489Threatened and Endangered Species Section were contacted and that neither entity
6500raised an objection to the as-built dock. These significant findings of the
6512Hearing Officer relating to the absence of any adverse impact on manatees 6/ are
6526amply supported by testimony presented at the DOAH final hearing. (Tr. I, Vol
65391, 105-109; Tr. I Vol. 2, 190-198; Tr. I Vol. 3, 310-311).
6551In view of the above, Petitioner's exceptions 2A and 2B are denied.
6563Exception 2C
6565In this exception, Petitioner contends that the Hearing Officer erred in
6576rejecting her Proposed Findings of Fact 8, 9, and 10 dealing primarily with the
6590claim that Hubbard's existing dock has adversely impacted existing native
6600seagrass (widgeon grass) growing in the immediate vicinity. These proposed
6610factual findings of Petitioner were rejected by the Hearing Officer on the
6622ground of being recited testimony not supported by a preponderance of evidence.
6634(App. to Rec. Order, p. 22)
6640Petitioner's Proposed Findings of Fact 8, 9, and 10 are purportedly based
6652on the expert testimony at the DOAH final hearing of biologist Robin Lewis. Mr.
6666Lewis was called on behalf of Petitioner and testified of his personal
6678observation of seagrass growing at the edge of Hubbard's dock. (Tr. I, Vol. 3,
6692374-376) Petitioner's exceptions, however, fail to cite any transcribed
6701testimony of Mr. Lewis where he renders an expert opinion that Hubbard's
6713existing dock had or would have a significant adverse impact on seagrass or
6726other native aquatic vegetation. Mr. Lewis only testified that "the discovery
6737of seagrass [at the dock site) would be something that would be significant in
6751terms of assessing the potential adverse environmental effects of this type of
6763project." (Tr. I, Vol. 3, 376) Furthermore, Lewis admitted on cross-examination
6774that he did not know the density of the seagrass at the dock site and that he
6791did not have any knowledge of the dominant vegetation of that area as of the
6806date of the final hearing. (Tr. I, Vol. 3, 393-394)
6816The Department's response cites testimony of Hubbard's expert witness,
6825Quinton White, Jr. Mr. White, a biologist, was of the opinion that that the dock
6840has no significant adverse impact on native aquatic vegetation in the area and
6853that any adverse impact would be to hydrilla, an undesirable exotic species.
6865(Tr. I, Vol. 2, 190-195) Hubbard also presented the expert testimony of
6877biologist Michael Czerwinski. Mr. Czerwinski was of the opinion that the
6888existing dock does not adversely affect the biological system of the site or
6901area. (Tr. I, Vol. 3, 312) Mr. Czerwinski also testified that he visited the
6915dock site the day before he appeared at the final hearing and did not observe
6930any seagrass growing there at that time. (Tr. I, Vol. 3, 337)
6942This exception of Petitioner involves the respective weight and credibility
6952given by the Hearing Officer to the testimony of the expert witnesses as
6965summarized above. The decision to accept one expert's testimony over that of
6977another is a matter within the sound discretion of the Hearing Officer and
6990cannot be altered absent a complete lack of competent substantial evidence of
7002record from which the finding could be reasonably inferred. See Collier Medical
7014Center v. State, Dept. of HRS, 446 So.2d 83, 85 (Fla. 1st DCA 1985); Florida
7029Chapter of Sierra Club v. Orlando Utilities Commission, 436 So.2d 383, 389 (Fla.
70425th DCA 1983).
7045Based on the above, the Hearing Officer's ruling rejecting Petitioner's
7055proposed findings relating to the impact of Hubbard's dock on native seagrass is
7068determined to be supported by competent substantial evidence of record and is
7080affirmed.
7081Consequently, Petitioner's exception 2C is denied.
7087Exception 2D
7089Petitioner's Exception 2D challenges the propriety of the Hearing Officer's
7099rejection in the Appendix to the Recommended Order of her proposed findings of
7112fact 33-38 on grounds that they were "not supported by credible and persuasive
7125evidence and as conclusions of law." (Appendix to Rec. Order, p. 22) These
7138proposed factual findings relate to Petitioner's claim that a portion of
7149Hubbard's dock facility consisting of an elevated sun deck/roof located directly
7160over and providing covering for the boat slip was not constructed for "water
7173dependent activities" within the context of Rules 18-21.003(56) and 18-
718321.004(1)(d), Florida Administrative Code. Rule 18-21.004(1)(d) limits approval
7191of activities on sovereignty lands to "water dependent activities." Rule 18-
720221.003(56) defines a water dependent activity as "an activity which can only be
7215conducted on, in, over, or adjacent to water areas because the activity requires
7228direct access to the water body or sovereign submerged lands for transportation,
7240recreation . .
7243The Hearing Officer found in paragraphs 44 of the Recommended Order that
7255Hubbard's as-built dock is a "water dependent facility" in that the primary use
7268of the dock facility is to moor a vessel and secondary uses included
7281recreational activities such as fishing, swimming and sun bathing. The Hearing
7292Officer also found in paragraph 45 that the dock facility provides ingress and
7305egress to the lagoon and that such primary and secondary uses were consistent
7318with the Board of Trustees' goals for use of sovereign submerged lands.
7330At the DOAH final hearing, on March 27, 1995, the Department presented the
7343testimony of Todd VandeBerg, a planning manager for the Department's Southwest
7354District. Mr. VandeBerg, a Department employee for over five years, supervised
7365the review of Hubbard's after-the-fact request for consent of use of the subject
7378sovereignty lands and had personally visited the dock site. (TR II, Vol. 1, 23-
739224, 28) VandeBerg repeatedly testified that it was the position of Department
7404staff 7/ that Hubbard's entire dock facility, including the elevated sun
7415deck/roof portion, was a "water dependent" structure based on Department policy
7426in effect at the time Hubbard's consent of use request was reviewed interpreting
7439Chapter 18-21, Florida Administrative Code. (Tr. II, Vol. 1, 28-29, 55, 82-83;
7451Tr. II, Vol. 2, 237, 242)
7457The Department policy relied upon by Mr. VandeBerg is that dock structures
7469having roofs that are not "completely closed in and/or climatized for human
7481habitation" are deemed to be water dependent structures under Chapter 18-21,
7492Florida Administrative Code. (TR II, Vol.1, 48-49) This policy was codified in
75041992 into a Department document entitled "Bureau of Submerged Lands & Preserves
7516Interim Policy for Single-Family Docks Outside Aquatic Preserves." (Dept.
7525Composite Ex. 21)
7528Petitioner did present expert testimony at the DOAH hearing from Robert
7539Routa, who was involved in a supervisory capacity in the review of requests for
7553approval of activities on sovereign submerged lands in the early 1970's for the
7566former Department of Natural Resources. Mr. Routa was of the opinion that the
7579elevated sun deck/roof portion of Hubbard's dock facility was not a water
7591dependent structure. (Tr. II, Vol. 2, 156) Mr. Routa testified, however, that
7603he had been in the private practice of law since 1978 and admitted that he had
7619no authority to speak for the Department concerning its interpretation in the
76311990's of the rules pertaining to review of requests for consent of use of
7645sovereignty lands. (Tr. II, Vol. 2, 142, 161-162)
7653The Recommended Order rejects Petitioner's challenge to Hubbard's as-built
7662deck facility on the ground that it is not a "water dependent" structure under
7676Chapter 18-21 of the Florida Administrative Code. Thus, the Hearing Officer
7687obviously gave more weight and credence to the testimony of the Department's
7699witness Todd VandeBerg than to the testimony of Petitioner's witness Robert
7710Routa. As noted above, an agency reviewing a recommended order of a DOAH
7723hearing officer may not reweigh the evidence, resolve conflicts therein or judge
7735the credibility of witnesses. Heifetz v. Dept. of Business Regulation supra 475
7747So.2d at 1281. These are evidentiary matters within the sound discretion of the
7760Hearing Officer as the trier of the facts.
7768The Department staff interpretation of the rule definition of "water
7778dependent activities" to include the construction of roofs over docks and boat
7790slips that are not "completely closed in and/or climatized for human habitation"
7802appears to be a reasonable attempt to distinguish between a structure whose
7814primary function is habitation and one whose primary function is water
7825transportation or recreation. The case law of Florida holds that great
7836deference should be accorded to administrative interpretations of statutes and
7846rules that the agency is required to enforce, and such administrative
7857interpretations should not be overturned unless clearly erroneous. See, e. q.,
7868Falk v. Beard, 614 So.2d 1086, 1089 (Fla. 1993); Dept. of Env. Regulation v.
7882Goldring, 477 So.2d 532, 534 (Fla. 1985); Harloff v. City of Sarasota, 575 So.2d
78961324, 1327 (Fla. 2d DCA 1991); Reedy Creek Improvement Dist. v. Dept. of Env.
7910Regulation, 486 So.2d 642, 648 (Fla. 1st DCA 1986).
7919This Department written policy interpreting its rules relating to "water
7929dependent activities" is not clearly erroneous and should not be overturned. In
7941addition, the Hearing Officer's Findings of Fact 44 and 45 related to the "water
7955dependent activity" issue are supported by competent substantial evidence of
7965record and must be affirmed. Consequently, Petitioner's exception 2D is denied.
7976Exception 2E
7978This exception of Petitioner takes issue with the Hearing Officer's
7988Conclusion of Law 73 denying a request for award of attorney's fees as set forth
8003in Petitioner's Proposed Recommended Order. The denial of Petitioner's request
8013for attorney's fees was based on the Hearing Officer's conclusions that "Hubbard
8025showed by a preponderance of the evidence that she is entitled to a permit and
8040consent of use" and that the "evidence was credible, persuasive, and
8051substantial." (Rec. Order, para. 73)
8056The question of whether a party intended to participate in a formal
8068administrative proceeding for an "improper purpose" so as to warrant an award of
8081attorney's fees to an adverse party has been judicially determined to be an
8094issue of fact within the prerogative of a hearing officer, rather than a
8107conclusion of law that may be freely rejected by the reviewing agency. See
8120Burke v. Harbor Estates Associates, Inc., 591 So.2d 1034, 1037 (Fla. 1st DCA
81331991). The court noted in the Burke opinion that the Department's predecessor
8145agency, the Department of Environmental Regulation, claimed no special insight
8155or expertise in determining whether a party participated in a formal
8166administrative proceeding for an "improper purpose." Burke, supra, at 1037. No
8177claim of such special insight or expertise has been made in these proceedings.
8190In addition, the provisions of Section 120.59(6), Florida Statutes, only
8200authorize an award of attorney's fees in a formal administrative proceeding to a
8213nonagency "prevailing party." The Recommended Order of the Hearing Officer
8223rejects all Petitioner's challenges to the construction of Hubbard's dock.
8233Also, the Hearing Officer recommends that the Department approve the Consent
8244Order entered into with Hubbard and grant the after-the-fact applications for a
8256permit and consent of use for Hubbard's existing dock facility. This Final
8268Order affirms all of the Hearing Officer's findings of fact and conclusions of
8281law with one minor clerical correction and adopts the recommendations set forth
8293in the Recommended Order. Thus, Petitioner is obviously not a "prevailing
8304party" in these consolidated administrative proceedings within the purview of
8314the statutory provisions of Section 120.59(6).
8320Based on the above, Petitioner's exception 2E is denied.
8329CONCLUSION
8330The Department shares Petitioner's concerns for the protection of the
8340manatee, which is an endangered species and a precious natural resource of this
8353state. However, as discussed above, the Hearing Officer's findings and related
8364conclusions that Hubbard's dock structure will not adversely affect manatees are
8375supported by competent substantial evidence of record. In addition, even if
8386Petitioner had established that Hubbard's dock structure did not comply with
8397certain specifications of the Citrus County Manatee Protection Plan, the
8407Department does not have the legal authority to deny the dock permit based
8420solely on such a showing. The Florida courts have ruled that "[r]emedies apart
8433from the permitting scheme are available" if Hubbard's dock should violate any
8445mandatory requirements of Citrus County's Comprehensive Plan. Taylor v. Cedar
8455Key Special Water and Sewerage District, supra, at 482.
8464It is therefore ORDERED:
8468A. The date of September 14, 1993, is substituted for the date of July 10,
84831993, as set forth on unnumbered line 13 of the Preliminary Statement on page
8497two of the Recommended Order.
8502B. The Recommended Order of the Hearing Officer, as modified by the
8514clerical correction in paragraph A above, is adopted and incorporated by
8525reference herein.
8527C. Permit number 091923403, proposed for issuance by the Department to
8538Hubbard on November 4, 1992, is hereby ISSUED, subject to the conditions set
8551forth in the permit, the matters set forth in the Consent Order described in
8565paragraph D below, and the modifications described in the Hearing Officer's
8576Finding of Fact No. 8 in the Recommended Order.
8585D. The Consent Order between the Department and Hubbard in OGC Case No.
859893-2807 dated September 14, 1993, is APPROVED.
8605E. Hubbard's after-the-fact application for consent of use for the
8615sovereign submerged lands underlying the dock structure is GRANTED.
8624Any party to this Order has the right to seek judicial review of the Order
8639pursuant to Section 120.68, Florida Statutes, by the filing of a Notice of
8652Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the
8664clerk of the Department in the Office of General Counsel, 2600 Blair Stone Road,
8678Tallahassee, Florida 32399-2400; and by filing a copy of the Notice of Appeal
8691accompanied by the applicable filing fees with the appropriate District Court of
8703Appeal. The Notice of Appeal must be filed within 30 days from the date this
8718Order is filed with the clerk of the Department.
8727DONE AND ORDERED this 13th day of July, 1995, in Tallahassee, Florida.
8739STATE OF FLORIDA DEPARTMENT
8743OF ENVIRONMENTAL PROTECTION
8746_________________________________
8747VIRGINIA B. WETHERELL
8750Secretary
8751Marjory Stoneman Douglas Building
87553900 Commonwealth Boulevard
8758Tallahassee, Florida 32399-3000
8761FILING AND ACKNOWLEDGMENT:
8764FILED, on this date, pursuant to
8770Section 120.52, Florida Statutes,
8774with the designated Department
8778Clerk, receipt of which is
8783her acknowledged.
8785_______________________ 07/14/95
8787Kathy C. Carter
8790ENDNOTES
87911/ On June 1, 1995, the Hearing Officer entered a "Corrected Order" wherein the
8805initial Recommended Order was corrected nunc fro tunc to reflect the case
8817numbers of all three consolidated cases.
88232/ The designated uses for Class III surface waters are recreation and the
8836propagation and maintenance of a healthy, well-balanced population of fish and
8847wildlife. Rule 62-302.400(1), Florida Administrative Code. 3. Since the
8856project site is adjacent to an Outstanding Florida Water as designated by
8868Department rule, Hubbard has to provide reasonable assurances that the project
8879will be clearly in the public interest under Section 373.414(1), Florida
8890Statutes. The Hearing Officer found that Hubbard's dock and retaining wall has
8902resulted in benefits to the public, including the 400 foot conservation easement
8914given to the state and reduction of fertilizer and yard chemical runoff into the
8928lagoon. These findings of the Hearing Officer in paragraphs 33 and 34 of the
8942Recommended Order related to the public interest criteria were not discussed or
8954even cited in Petitioner's exceptions and are, therefore, unchallenged on agency
8965review.
89664/ The last paragraph on page two of the Recommended Order erroneously recites
8979July 30, 1993, as the date the Consent Order
89885/ The Citrus County Manatee Protection Plan is a part of the Citrus County
9002Comprehensive Plan.
90046/ One of the statutory criteria to be considered by the Department in
9017reviewing a permit application is whether the "activity will adversely affect
9028the conservation of fish and wildlife, including endangered or threatened
9038species, or their habitats." See Section 373.414(1)(a) 2., Florida Statutes.
90487/ Petitioner has placed considerable emphasis in these proceedings on the fact
9060that one of VandeBerg's subordinates, Harry Michaels, raised some initial
9070concerns in an internal memorandum as to whether the sun deck/roof portion of
9083Hubbard's dock facility was consistent with a water dependent activity under the
9095Department rules. Mr. Michaels testified in deposition that he had only been
"9107involved in submerged lands authorizations for about five months at that time"
9119and wasn't sure whether the flat roof complied with Department policy. (Pet.
9131Ex. 20, p. 16) Mr. Michael's initial concerns were obviously determined to be
9144unfounded by his more experienced supervisor, Todd VandeBerg. In any event, it
9156is a general rule of case law that agencies are not estopped through
9169misstatements of law by agency employees. See, ., Cordes v. Dept. of Env.
9182Regulation, 582 So.2d 652, 655 (Fla. 1st DCA 1991).
9191CERTIFICATE OF SERVICE
9194I CERTIFY that a true copy of the foregoing was sent by U.S. Mail to:
9209John M. Rains, III, Esquire
9214Ammis, Mitchell, Cockey, Edwards & Roehn, P.A.
92211 Tampa City Ctr Ste 2100
9227201 N Franklin St
9231Tampa Florida 33602
9234and
9235Emily G. Pierce, Esquire
9239Marcia Penman Parker, Esquire
9243Roger, Towers, Bailey, Jones & Gay
92491301 Gulf Life Dr. Ste 1500
9255Jacksonville Florida 32207
9258and by hand delivery to:
9263Daniel Manry Ann Cole, Clerk
9268Hearing Officer Division of Administrative
9273Division of Administrative Hearings
9277Hearings The DeSoto Bldg.
9281The DeSoto Bldg. 1230 Apalachee Pkwy
92871230 Apalachee Pkwy Tallahassee Florida 32399-1550
9293Tallahassee Florida 32399-1550
9296Kenneth Plante, Esquire
9299Evelyn Davis Golden, Esquire
9303M.B. Adelson, Esquire
9306Department of Environmental Protection
93103900 Commonwealth Building
9313Tallahassee Florida 32399-3000
9316on this 14th day of July, 1995.
9323STATE OF FLORIDA DEPARTMENT
9327OF ENVIRONMENTAL PROTECTION
9330_________________________________
9331J. TERRELL WILLIAMS
9334Assistant General Counsel
9337Marjory Stoneman Douglas Building
93413900 Commonwealth Boulevard
9344Mail Station 35
9347Tallahassee, Florida 32399-3000
9350Telephone: (904) 488-9314
![](/images/view_pdf.png)
- Date
- Proceedings
- Date: 07/14/1995
- Proceedings: Final Order filed.
- Date: 07/14/1995
- Proceedings: Final Order filed.
-
PDF:
- Date: 05/31/1995
- Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held March 8 & 9, 1995.
- Date: 05/24/1995
- Proceedings: (Petitioner) Notice of Supplemental Authority; Opinion filed May 19, 1995 filed.
- Date: 05/23/1995
- Proceedings: (Petitioner) Notice of Supplemental Authority filed.
- Date: 04/27/1995
- Proceedings: Respondent`s Proposed Recommended Order; Petitioner`s Notice of Filing the Proposed Recommended Order filed.
- Date: 04/27/1995
- Proceedings: Proposed Recommended Order (For HO Signature) filed.
- Date: 04/20/1995
- Proceedings: Order Granting Extension of Time sent out. (motion granted)
- Date: 04/17/1995
- Proceedings: (Petitioner) Reply to Motion to Extend Filing Proposed Recommended Order filed.
- Date: 04/17/1995
- Proceedings: (Petitioner) Reply to Motion to Extend Filing Proposed Recommended Order filed.
- Date: 04/13/1995
- Proceedings: (DEP) Motion to Extend Filing Proposed Recommended Order filed.
- Date: 04/06/1995
- Proceedings: Transcript 2 volumes filed.
- Date: 03/29/1995
- Proceedings: Notice of Filing Respondent Department of Environmental Protection's Composite Exhibit 21 and Original Transcript of March 8 and 9, 1994 Hearing; Certificate of Service; Memo to Environmental Administrators Planning Managers from Michael E. Ashey Re: Si
- Date: 03/29/1995
- Proceedings: Transcript March 8 and 9, 1994; Volume One; Volume Two; Volume Three filed.
- Date: 03/16/1995
- Proceedings: Notice of Appearance and Substitution of Counsel and Co-Counsel for Florida Department of Environmental Protection filed.
- Date: 03/03/1995
- Proceedings: (Petitioner) Amended Re-Notice of Taking Deposition Duces Tecum (change of location only) filed.
- Date: 02/27/1995
- Proceedings: (Petitioner) Amended Re-Notice of Taking Depositions Duces Tecum (change of time only) filed.
- Date: 02/23/1995
- Proceedings: RE-Notice of Taking Deposition Duces Tecum (canceling depositions at request of Respondent, Department of Environmental Protection, previously scheduled for 2/27/95) filed.
- Date: 02/03/1995
- Proceedings: Order Granting Withdrawal sent out. (motion granted)
- Date: 01/24/1995
- Proceedings: Notice of Appearance of Counsel for Department of Environmental Protection filed.
- Date: 01/23/1995
- Proceedings: (Petitioner) Response to Motion for Leave to Withdrawal (sic) as Counsel for Respondent Tana Hubbard; Notice of Taking Depositions Duces Tecum filed.
- Date: 01/17/1995
- Proceedings: Motion for Leve to Withdrawal as Counsel for Respondent Tana Hubbard filed.
- Date: 12/30/1994
- Proceedings: Notice of Hearing sent out. (hearing set for 3/27/95; 9:30am; Talla)
- Date: 12/30/1994
- Proceedings: Order Granting Consolidation sent out. (Consolidated cases are: 93-1499, 93-6507, 94-6501)
- Date: 12/30/1994
- Proceedings: Case No/s 93-1499, 93-6507: unconsolidated.
- Date: 11/28/1994
- Proceedings: Response to Status Report (Petitioner) filed.
- Date: 11/28/1994
- Proceedings: Response to Status Report (Petitioner) filed.
- Date: 11/21/1994
- Proceedings: (DEP) Status Report filed.
- Date: 09/23/1994
- Proceedings: Letter to DSM from Cathy Gaddis (re: ltr dated 8/15/94) filed.
- Date: 09/19/1994
- Proceedings: Order of Abeyance sent out. (Parties to file status report by 11/14/94)
- Date: 09/09/1994
- Proceedings: (Petitioner) Notice of Substitution of Counsel for Department of Environmental Protection filed.
- Date: 09/09/1994
- Proceedings: (Petitioner) Response to Notice of Agency Statement and Request for Sanctions filed.
- Date: 09/09/1994
- Proceedings: CC: Letter to DSM from K. Hetrick (RE: Cancellation of hearing scheduled 9/12/94) filed.
- Date: 09/08/1994
- Proceedings: (Petitioner) Response to Notice of Agency Statement and Request for Sanctions filed.
- Date: 09/02/1994
- Proceedings: Notice of Agency Statement filed.
- Date: 08/26/1994
- Proceedings: Motion for Scheduling Order filed. (From John H. Rains, III)
- Date: 08/26/1994
- Proceedings: (Petitioner) Motion for Scheduling Order filed.
- Date: 08/26/1994
- Proceedings: (DER) Notice of Appearance filed.
- Date: 08/16/1994
- Proceedings: Order sent out. (hearing rescheduled for 9/12/94; 9:30am; Talla)
- Date: 08/15/1994
- Proceedings: Letter to parties of record from DSM (RE: enclosing copy of letter from hearing held in March) sent out.
- Date: 08/02/1994
- Proceedings: Letter to DSM from J. Hayes (RE: payment of transcript) filed.
- Date: 06/29/1994
- Proceedings: (Respondent) Memorandum of Law In Response To The Hearing Officer's Order Dated June 7, 1994 filed.
- Date: 06/27/1994
- Proceedings: (Respondent) Memorandum of Law in Response to the Hearing Officer`s Order Dated June 7, 1994; Memorandum of Law in Support of Division of Administrative Hearings` Jurisdiction of the Department of Environmental Protection filed.
- Date: 06/27/1994
- Proceedings: Memorandum of Law in Response to the Hearing Officer`s Order Dated June 7, 1994 filed.
- Date: 06/07/1994
- Proceedings: Order sent out. (re: resolving issues from 4/22/94 Order sent out)
- Date: 05/13/1994
- Proceedings: (Petitioner) Supplemental Report To Hearing Officer filed.
- Date: 05/09/1994
- Proceedings: (Petitioner) Motion Showing Good Cause and Report of Efforts to Address Issues in Hearing Officer's Order Continuing Portion of Formal Hearing filed.
- Date: 04/22/1994
- Proceedings: Order Continuing Portion of Formal Hearing sent out. (hearing date to be rescheduled at a later date)
- Date: 03/25/1994
- Proceedings: Respondent Tana Hubbard's Memorandum of Law in Opposition to Alternative Motion to Continue a Portion of the Administrative Hearing filed.
- Date: 03/23/1994
- Proceedings: Respondent Tana Hubbard's Memorandum of Law in Opposition to Alternative Motion to Continue a Portion of the Administrative Hearing filed.
- Date: 03/23/1994
- Proceedings: (Respondent) Memorandum of Law in Response to and In Opposition to Petitioner's Motion to Continue Portion of Administrative Hearing w/Exhibit-1 filed.
- Date: 03/18/1994
- Proceedings: Petitioner's Original Photographs w/cover ltr filed.
- Date: 03/17/1994
- Proceedings: Memorandum of Law in Support of Alternative Motion to Continue Portion of Administrative Hearing w/cover ltr filed. (From John H. Rains, III)
- Date: 03/17/1994
- Proceedings: (Petitioner) Memorandum of Law in Support of Alternative Motion to Continue Portion of Administrative Hearing w/(2)copy of Transcript & attachment (ALL TAGGED) filed.
- Date: 03/16/1994
- Proceedings: Petitioner's Exhibit-12 w/cover ltr filed.
- Date: 03/16/1994
- Proceedings: (Petitioner) Memorandum of Law in Support of Alternative Motion to Continue Portion of Administrative Hearing filed.
- Date: 03/07/1994
- Proceedings: (Respondent) Notice of Taking Deposition Duces Tecum filed.
- Date: 03/07/1994
- Proceedings: Parties' Prehearing Stipulation filed.
- Date: 03/07/1994
- Proceedings: (Petitioner) Motion for Clarification and Alternative Motion to Continue Portion of Administrative Hearing w/Final Order Dismissing Petition for Declaratory Statement filed.
- Date: 03/04/1994
- Proceedings: (Petitioner) Unilateral Prehearing Stipulation filed.
- Date: 03/04/1994
- Proceedings: Letter to CCA from John H. Rains, III (re: February 18, 1994 Order) w/CC Petitioner's Supplemental Witness List filed.
- Date: 03/01/1994
- Proceedings: Order Designating Location of Hearing sent out (hearing set for 3/8/94, 1:00pm; 3/9/94, 9:00am; Crystal River)
- Date: 02/18/1994
- Proceedings: Order sent out. (Re: Motion in Limine and Memorandum of Law)
- Date: 02/16/1994
- Proceedings: Petitioner's Supplemental Response to Motion in Limine filed.
- Date: 02/14/1994
- Proceedings: Notice of Taking Deposition Duces Tecum w/cover ltr filed. (From John H. Rains, II)
- Date: 02/08/1994
- Proceedings: Petitioner`s Preliminary Response to Motion in Limine and Motion for Additional Time in Which to Respond to Motion in Limine filed.
- Date: 02/07/1994
- Proceedings: Order sent out. (Re: Motion Denied as to witness Rose; Motion Granted as to witness Patchett)
- Date: 02/07/1994
- Proceedings: (Respondent) Notice of Taking Deposition Duces Tecum filed.
- Date: 02/04/1994
- Proceedings: Petitioner's Response to Motion for Protective Order and Notice of Filing of Affidavits of Service of Process w/cover ltr filed.
- Date: 02/03/1994
- Proceedings: (Petitioner) Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 02/03/1994
- Proceedings: Petitioner's Response to Motion for Protective Order and Notice of Filing of Affidavits of Service of Process & cover ltr filed.
- Date: 02/03/1994
- Proceedings: (Respondent) Notice of Hearing filed.
- Date: 02/01/1994
- Proceedings: Respondent, Tana Hubbard's Motion in Limine And Memorandum of Law in Support filed.
- Date: 02/01/1994
- Proceedings: (Respondent) Motion for Protective Order w/Exhibits 1-4 filed.
- Date: 01/10/1994
- Proceedings: (Petitioner) Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 01/03/1994
- Proceedings: (Petitioner) Notice of Taking Deposition Duces Tecum (4) filed.
- Date: 12/06/1993
- Proceedings: Amended Third Notice of Hearing sent out. (hearing set for 3/8/94; 1:00pm; Crystal River)
- Date: 12/01/1993
- Proceedings: Joint Response to Order of November 16, 1993 and Initial Order of November 17, 1993 in Case No. 93-6507 filed.
- Date: 12/01/1993
- Proceedings: Third Notice of Hearing sent out. (hearing set for April 12-13, 1993; 1:00pm; Crystal River)
- Date: 12/01/1993
- Proceedings: Joint Response to Order of November 16, 1993 and Initial Order of November 17, 1993 in Case NO. 93-6507 filed.
- Date: 11/30/1993
- Proceedings: Department of Environmental Protection's Response to Initial Order filed.
- Date: 11/16/1993
- Proceedings: Order sent out. (Consolidated cases are: 93-1499 & 93-6507)
- Date: 11/10/1993
- Proceedings: Notice of Related Case and Motion to Consolidate by Respondent Department of Environmental Protection filed.
- Date: 09/30/1993
- Proceedings: Petitioner's Status Report filed.
- Date: 09/23/1993
- Proceedings: Notice of Agency Position filed.
- Date: 08/11/1993
- Proceedings: Order sent out. (Parties to file status report by 9/30/93; hearing cancelled)
- Date: 08/10/1993
- Proceedings: (Respondent) Second Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 08/10/1993
- Proceedings: (Petitioner) Notice of Taking Deposition Duces Tecum filed.
- Date: 08/10/1993
- Proceedings: Respondent, Tana Hubbard's Motion for Continuance filed.
- Date: 08/09/1993
- Proceedings: (Respondent) Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 08/09/1993
- Proceedings: (Petitioner) Second Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 08/09/1993
- Proceedings: Second Amended Notice of Taking Depositions Duces Tecum filed. (From John H. Rains, III)
- Date: 08/05/1993
- Proceedings: Petitioner's Witness List filed.
- Date: 08/04/1993
- Proceedings: Respondent, Tana Hubbard`s Notice of Service of Answers to Petitioner, Helen C. Sutton`s First Interrogatories to Respondent filed.
- Date: 08/03/1993
- Proceedings: Respondent Department of Environmental Protection's Final Witness List filed.
- Date: 08/02/1993
- Proceedings: (Respondent) Notice of Taking Deposition Duces Tecum (2); Respondent,Tana Hubbard's Response to Petitioner's Request for Production of Documents filed.
- Date: 08/02/1993
- Proceedings: (Petitioner) Amended Notice of Taking Deposition Duces Tecum filed.
- Date: 08/02/1993
- Proceedings: Respondent Tana Hubbard's Final Witness List filed.
- Date: 07/30/1993
- Proceedings: Amended Notice of Taking Deposition Duces Tecum filed. (From John H. Rains, III)
- Date: 07/28/1993
- Proceedings: (Petitioner) Notice of Taking Deposition Duces Tecum filed.
- Date: 07/15/1993
- Proceedings: Petitioner`s Supplement Response to Interrogatories filed.
- Date: 07/06/1993
- Proceedings: Notice of Appearance of Counsel for Department of Environmental Protection filed.
- Date: 07/06/1993
- Proceedings: Request for Production of Documents filed. (From John H. Rains, III)
- Date: 07/06/1993
- Proceedings: Petitioner, Helen C. Sutton's First Interrogatories to Respondent, Tana Hubbard filed.
- Date: 06/30/1993
- Proceedings: Order sent out. (Re: Rulings on Motions)
- Date: 06/28/1993
- Proceedings: Petitioner`s Response to Respondent Motion to Compel Answers to Interrogatories or, In the Alternative Motion to Dismiss; Petitioner`s Response to Respondent`s Motion to Strike Untimely Response filed.
- Date: 06/28/1993
- Proceedings: Petitioner`s Response to Respondent`s Motion to Compel Answers to Interrogatories or, In the Alternative, Motion to Dismiss; Petitioner`s Response to Respondent`s Motion to Strike Untimely Response filed.
- Date: 06/25/1993
- Proceedings: Notice of Motion Hearing filed. (From Marcia Penman Parker)
- Date: 06/17/1993
- Proceedings: Respondent, Tana Hubbard`s Motion to Strike Untimely Response; Respondent, Tana Hubbard`s Motion to Compel Answers to Interrogatories or, in the Alternative, Motion to Dismiss w/Exhibits 1&2 filed.
- Date: 06/16/1993
- Proceedings: Petitioner`s Response to Respondent`s Second Motion to Strike filed.
- Date: 06/04/1993
- Proceedings: Second Notice of Hearing sent out. (hearing set for 8/30/93; 9:00am;Crystal River)
- Date: 06/03/1993
- Proceedings: Department of Environmental Regulation's Motion for Continuance filed.
- Date: 06/01/1993
- Proceedings: Respondent, Tana Hubbard's Second Motion to Strike filed.
- Date: 05/28/1993
- Proceedings: (Petitioner) Objection to Respondents` First Interrogatories to Petitioner and Responses to Interrogatories; Objection to First Request for Admissions to Petitioner and Response to First Request for Admissions to Petitioner filed.
- Date: 05/26/1993
- Proceedings: Second Amended Petition for Administrative Hearing filed. (From John H. Rains, III)
- Date: 05/20/1993
- Proceedings: Order sent out. (Motion to strike petitioner`s response to motion to dismiss, denied)
- Date: 05/06/1993
- Proceedings: (Respondent) Notice of Motion Hearing filed.
- Date: 05/04/1993
- Proceedings: Petitioner's Response to Motion to Strike filed.
- Date: 05/03/1993
- Proceedings: Respondent, Tana Hubbard`s First Request for Admissions to Petitioner filed.
- Date: 04/22/1993
- Proceedings: Respondent, Tana Hubbard's Motion to Convene A Prehearing Conference filed.
- Date: 04/22/1993
- Proceedings: (Respondent) Notice of Service of Respondent, Tana Hubbard's First Interrogatories to Petitioner filed.
- Date: 04/21/1993
- Proceedings: Respondent, Tana Hubbard`s Motion to Strike Untimely Response w/Exhibits A-C filed.
- Date: 04/16/1993
- Proceedings: Response to Respondent Tana Hubbard's Motion to Dismiss or, in the Alternative, Motion to Strike filed.
- Date: 04/05/1993
- Proceedings: (Petitioner) Amended Response to Initial Order filed.
- Date: 04/05/1993
- Proceedings: Notice of Hearing sent out. (hearing set for 6-30-93; 11:00am; Crystal River)
- Date: 04/02/1993
- Proceedings: Respondent, Tana Hubbard's Motion to Dismiss or, in the Alternative, Motion to Strike filed.
- Date: 04/01/1993
- Proceedings: (Respondent) Response to Initial Order filed.
- Date: 04/01/1993
- Proceedings: (Respondent) Notice of Appearance filed.
- Date: 03/22/1993
- Proceedings: Initial Order issued.
- Date: 03/15/1993
- Proceedings: Request for Assignment of Hearing Officer and Notice of Preservation of Record; Agency Intent to Issue; Amended Petition for Formal Administrative Hearing filed.
Case Information
- Judge:
- DANIEL MANRY
- Date Filed:
- 03/15/1993
- Date Assignment:
- 03/07/1994
- Last Docket Entry:
- 07/14/1995
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- ADOPTED IN PART OR MODIFIED