98-004976 Bert Allen Wahl, Jr. (116 W Elm St) vs. Florida Game And Fresh Water Fish Commission
 Status: Closed
Recommended Order on Friday, February 18, 2000.


View Dockets  
Summary: Respondent notified Petitioner on September 22, 1998, of his denial of three applications to house Class I wildlife at three properties due to unmet land requirements and inadequate caging.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8BERT ALLEN WAHL, JR., )

13)

14Petitioner, )

16)

17vs. ) Case Nos. 98-4974

22) 98-4975

24FLORIDA FISH AND WILDLIFE ) 98-4976

30CONSERVATION COMMISSION, )

33)

34Respondent. )

36___________________________________)

37RECOMMENDED ORDER

39On October 8, 1999, a formal administrative hearing was held

49in this case by televideo in Tallahassee and Tampa, Florida,

59before William R. Pfeiffer, Administrative Law Judge, Division of

68Administrative Hearings.

70APPEARANCES

71For Petitioner: Joseph R. Fritz, Esquire

774204 N orth Nebraska Avenue

82Tampa, Florida 33603

85For Respondent: Preston T. Robertson, Esquire

91Florida Fish and Wildlife

95Conservation Commission

97620 South Meridian Street

101Tallahassee, Florida 32399-1600

104STATEMENT OF THE ISSUES

108Whether Respondent properly denied the applications of

115Petitioner for Class I wildlife; and whether Respondent's

123previous granting of Class I licensure to Petitioner estops

132Respondent from denying the instant applications.

138PRELIMINARY STATEMENT

140The Florida Fish and Wildlife Conservation Commission

147informed Petitioner on September 22, 1998, of his denial of three

158applications for Class I wildlife. The denial was based on

168Petitioner's failure to meet the lawful land requirements and

177inadequate caging located at the proposed sites.

184At the hearing on October 8, 1999, Respondent presented the

194testimony of Linda Harrison, Steve DeLacure, and Linda Coomey.

203Petitioner presented the testimony of Bert Wahl. Petitioner's

211Exhibits 1-5, and Respondent's Exhibits 1-3, 5-14, and 19-21 were

221admitted into evidence.

224The testimony of Dennis Parker, taken by deposition on

233September 29, 1999, in Tampa, Florida, was received without

242objection.

243Both parties requested a transcript of the final hearing,

252and the parties were given 14 days from the filing of the

264Transcript in which to file proposed recommended orders. The

273transcript was filed on November 1, 1999.

280FINDINGS OF FACT

2831. On July 15, 1998, Petitioner applied to the Commission

293for licenses, via three separate applications, to possess

301wildlife, particularly bears, leopards, and baboons at three

309separate locations.

3112. The applications cited the addresses of 127 West

320Hiawatha Street, 116 West Elm Street, and 6802 North Highland

330Avenue, all in Tampa, Florida, as the locations where Petitioner

340planned to possess the animals. Petitioner applied to possess

349bears (family ursidae ), leopards (family felidae ) and baboons

359(family cercopithecidae ) at each location. All these animals are

369Class I wildlife.

3723. Respondent issued Notices of Denial of the three

381applications to Petitioner on September 22, 1998.

3884. Class I animals are dangerous animals that cannot be

398possessed for personal use, and are typically found in zoos.

408They are dangerous because of their ferocity and size. These

418animals may be aggressive towards anyone, including their keeper.

4275. Class II wildlife are potentially dangerous animals

435which should only be possessed by experienced individuals.

4436. Class III animals are of smaller size and are less

454aggressive.

4557. The goal of the Commission's classification system is

464to promote the safehousing of wildlife, and to protect the

474general public and the individual keeping the animals.

4828. In the application for 116 West Elm Street, Petitioner

492noted that he presently possessed five white-tailed deer, one

501muntjac, and one emu, all Class III wildlife. Petitioner did not

512possess authorization to house Class I wildlife at 116 West Elms

523Street, the year previous to the instant application.

5319. In the application for 127 West Hiawatha Street,

540Petitioner noted that he presently possessed two panthers and one

550bobcat, both Class II wildlife, and two alligators, which are

560Class III wildlife. Petitioner did not possess authorization to

569house Class I wildlife at 127 West Hiawatha Street the year

580previous to the instant application.

58510. In the application for 6802 North Highland Avenue,

594Petitioner noted that he presently possessed no wildlife at this

604location. Petitioner did not possess authorization to house

612Class I wildlife at 6802 North Highland Avenue the year previous

623to the instant application.

62711. Two of Petitioner's locations are contiguous: 127 West

636Hiawatha Street, and 166 West Elm Street.

64312. Petitioner's location at 6802 North Highland Avenue is

652approximately one block from the other two sites, and on the

663other side of the street.

66813. Elm and Hiawatha are not one property, but two separate

679residences and addresses. The Hiawatha and Elm Street addresses

688were treated as two separate locations by the Commission as they

699are separate addresses with separate applications.

70514. The Elm Street and Hiawatha locations are separated by

715a fence at the back of each property. Petitioner uses a ladder

727to traverse over the fence between the Elm Street and Hiawatha

738locations.

73915. The area where Petitioner wishes to house Class I

749wildlife is a residential area with small single-family houses

758located close together, with small yards, and near a major road.

769There are residential properties to the east of both the Hiawatha

780and Elm Street locations. Petitioner's neighborhood is densely

788populated, with single-family residential dwellings and small

795lots. Petitioner's locations are within approximately 100 yards

803from large intersections at Sligh Avenue and Florida Avenue.

81216. The three properties where Petitioner sought to keep

821Class I wildlife are zoned single-family residential.

828Approximately six people per week visit through Petitioner's

836facilities.

83717. Petitioner has received various permits, including

844Class I, from the Commission for over the past 15 years.

85518. It is possible to obtain a Class I license and not be

868qualified to possess animals at the address on the license.

87819. Pursuant to law, a permittee for Class I wildlife has

889to meet specific requirements including standard caging

896requirements and land area. The land area required to house

906Class I wildlife is 1/4 acre minimum. An acre of land is 43,560

920square feet. One-quarter of an acre is 10,890 square feet. The

9321/4 acre minimum area for Class I wildlife is critical because it

944allows for a larger buffer for dangerous animals.

95220. Respondent wildlife inspectors visit applied-for sites

959to determine whether the facility meets the caging requirements,

968whether wildlife are housed safely and ensure the public is not

979at risk.

98121. Respondent inspections are made to determine whether

989caging is strong enough to contain animals safely and to verify

1000the owner or possessor does not exceed the number of permitted

1011animals.

101222. Wildlife officers regulate and enforce the caging of

1021captive wildlife, both exotic and native. It is necessary to

1031have cages meet the rules to protect the safety of the animal,

1043the neighbors, and the keeper.

104823. Respondent's Lieutenant Stephen Delacure, who has been

1056a Commission Wildlife Officer or Inspector for approximately ten

1065years, has been to Petitioner's three locations in Tampa at least

107615 times over the past four years.

108324. Delacure has never seen any Class I animals at any of

1095Petitioner's three locations.

109825. On November 12, 1998, Delacure and Lieutenant Krause

1107inspected all three of Petitioner's locations pursuant to his

1116application.

111726. Delacure inspected the three locations for appropriate

1125caging and land area for bears, leopards, and baboons. Delacure

1135measured all locations with Petitioner present and indicated that

1144he gave Petitioner "the benefit of the doubt" as to the

1155measurements.

115627. Delacure measured the total area for 127 West Hiawatha

1166Street to be 103 feet by 39 feet (front and depth) (4,017 square

1180feet). Delacure measured the total area of 116 West Elm Street

1191to be 87 feet by 69 feet (6,003 square feet). Therefore,

1203Delacure found the combined area for 127 West Hiawatha Street and

1214116 West Elm to be 10,020 square feet. Delacure measured the

1226total area of 6802 North Highland Avenue to be 102 feet by 42

1239feet (4,284 square feet).

124428. Delacure found no adequate caging for Class I bears,

1254baboons, or cats at 127 West Hiawatha Street. In addition,

1264Delacure found no caging for Class I wildlife at 116 West Elm

1276Street nor 6802 North Highland Avenue.

128229. The November 1998 inspection was the basis for the

1292issuance of the amended notice of denial for failure to meet land

1304area requirements and to meet caging requirements. Respondent

1312denied Class I licenses to Petitioner because of inadequate land

1322area and caging.

132530. Class II licenses do not say "all" for possession

1335purposes, as these licenses are defined by specific animal

1344families. However, Class III licenses may say "all" for

1353possession purposes.

135531. The Respondent changed Class I licenses to animal

1364specific from the "all" designation to ensure that the animal

1374possessor is familiar with the handling of that family or species

1385of animal as nutritional, health, and handling requirements are

1394different for each animal family.

139932. Linda Coomey is a building inspector for the City of

1410Tampa, having done this job for 15 years. Coomey inspects zoning

1421and code enforcement.

142433. Coomey has been to Petitioner's locations 12-13 times

1433over the last eight years. Coomey calculated the area of 127

1444West Hiawatha Street as 38 feet by 103 feet (3,914 square feet).

145734. Coomey calculated the area of 116 West Elm Street as 65

1469feet by 80 feet (5,200 square feet). Therefore, Coomey found the

1481combined area of 127 West Hiawatha Street and 116 West Elm Street

1493is 9,114 square feet. The area of 6802 North Highland Avenue was

1506calculated by Coomey as 50 feet by 104 feet (5,200 square feet).

1519These measurements were taken from the Hillsborough County plat

1528maps and Coomey does not consider any error in measuring the

1539square footage as acceptable.

154335. The Hillsborough County Property Appraiser's Office

1550found the area of the three properties to be as follows: 127

1562West Hiawatha Street, 38 feet by 103 feet (3,914 square feet);

1574116 West Elm Street, 65 feet by 80 feet (5,200 square feet); and

15886802 North Highland Avenue, 50 feet by 104 feet (5,200 square

1600feet). None of these individual areas is equal to or greater

1611than 1/4 acre, nor does the combining of the areas of 127 West

1624Hiawatha Street and 116 West Elm Street (3,914 square feet and

16365,200 square feet, for a total of 9,114 square feet) meet or

1650exceed 1/4 acre.

165336. The Hillsborough County Tax Collector's Office reports

1661127 West Hiawatha Street as being .09 acres; 116 West Elm Street

1673as being .12 acres; and 6802 North Highland Avenue as being .12

1685acres. Therefore, the Hillsborough County Tax Collector's Office

1693found the combined area of 127 West Hiawatha Street and 116 West

1705Elm Street is .21 acres.

171037. Per Petitioner, 127 West Hiawatha Avenue is 39 feet by

1721103 feet (4,017 square feet) in total area, and Respondent's

1732officers informed Petitioner he did not have the required

1741acreage.

174238. Respondent informed Petitioner on more than one

1750occasion that Petitioner could have a Class I license that allows

1761a person to borrow an animal and not be allowed to posseses Class

1774I animals on the license holder's property.

178139. On September 6, 1991, Petitioner was issued a license

1791for 127 West Hiawatha Street, which cited that Petitioner could

1801possess the following: Class I, felidae , cercopithecidae , and

1809ursidae ; Class II, felidae and cercopithecidae ; Class III, all

1818excluding venomous reptiles.

182140. On July 23, 1993, Petitioner was issued a license for

1832127 West Hiawatha Street, which cited that Petitioner could

1841possess the following: Class I, none; Class II, felidae ; Class

1851III, all excluding felidae .

185641. On June 29, 1993, Petitioner was issued a license for

1867116 West Elm Street, which cited that Petitioner could possess

1877the following: Class I, ursidae , cercopithecidae , and felidae .

188642. On June 29, 1993, Petitioner was issued a license for

18976802 North Highland Avenue, which cited Petitioner could possess

1906the following: Class I, ursidae , felidae , and cercopithecidae ;

1914Class II, all excluding venomous reptiles; Class III, all

1923excluding venomous reptiles.

192643. On June 29, 1994, Petitioner was issued a license for

1937116 West Elm Street, which cited Petitioner could possess the

1947following: Class I, felidae , cercopithecidae , and ursidae ; Class

1955II, all, excluding venomous reptiles; Class III, all excluding

1964venomous reptiles.

196644. On June 29, 1994, Petitioner was a issued a license for

19786802 North Highland Avenue, which cited Petitioner could possess

1987the following: Class I, felidae , cercopithecidae , and ursidae ;

1995Class II, all, excluding venomous reptiles; Class III, all

2004excluding venomous reptiles.

200745. On July 4, 1994, Petitioner was issued a license for

2018127 West Hiawatha Street, which cited Petitioner could possess

2027the following: Class I, none; Class II, felidae ; Class III, all

2038excluding venomous reptiles.

204146. On June 27, 1996, Petitioner was issued a license for

2052127 West Hiawatha Street, which cited Petitioner could possess

2061the following: Class I, none; Class II, felidae ; Class III, all,

2072excluding venomous reptiles.

207547. On August 9, 1996, Petitioner was issued a license for

2086116 West Elm Street, which cited Petitioner could possess the

2096following: Class I, felidae , cercopithecidae , and ursidae ; Class

2104II, felidae and cercopithecidae ; Class III, all excluding

2112venomous reptiles.

211448. On August 9, 1996, Petitioner was issued a license for

21256802 North Highland Avenue, which cited Petitioner could possess

2134the following: Class I, felidae , cercopithecidae , and ursidae ;

2142Class II, felidae and cercopithecidae ; Class III, all excluding

2151venomous reptiles. This was the last instance where Petitioner

2160was licensed to possess Class I wildlife.

216749. On September 16, 1997, Petitioner was issued a license

2177for 127 Hiawatha Street, which cited Petitioner could possess:

2186Class I, none; Class II, felidae ; Class III, all.

219550. On September 16, 1997, Petitioner was issued a license

2205for 116 West Elm Street, which cited Petitioner could possess:

2215Class I, none; Class II, none; Class III, all, excluding venomous

2226reptiles.

222751. On September 16, 1997, Petitioner was issued a license

2237for 6802 North Highland Avenue, which cited Petitioner could

2246possess: Class I, none; Class II, none.

225352. Lieutenant Dennis Parker is an inspector for

2261Respondent, having worked for Respondent 26 years. Parker has

2270consistently inspected Petitioner's facilities for more than 15

2278years. Parker measured 127 West Hiawatha Street "from curb to

2288curb" in 1992 pursuant to Petitioner having a bear on the

2299premises. Petitioner immediately received notice from Respondent

2306that his acreage was inadequate via a "field revocation."

2315Petitioner was ordered to remove the Class I animals.

232453. Petitioner was mistakenly provided a Class I license

2333for ursidae before the Commission measured 127 West Hiawatha

2342Street, under Parker's assumption that Petitioner had adequate

2350acreage. A Class I license requires 1/4 acre or more to possess

2362a Class I animal on that property.

236954. Petitioner's license for Class I ursidae was based on

2379Petitioner's borrowing a bear for exhibition, with the bear being

2389kept at a licensed facility not owned by Petitioner. Petitioner

2399used 127 West Hiawatha Street as the mailing address for the

2410license. Respondent had never inspected or authorized caging for

2419bears at 127 West Hiawatha Street.

242555. Petitioner originally obtained bears without the

2432knowledge and/or consent of Respondent, then a complaint was

2441filed with Respondent. Petitioner recently had an animal escape

2450from the 116 Elm Street location.

245656. Petitioner presently possesses Class I animals.

2463Petitioner's properties do not meet the regulatory requirement

2471for acreage size to house Class I wildlife pursuant to Rule 68A-

24836.022 (formerly 39-6.022), Florida Administrative Code.

248957. Petitioner is one of thousands of persons who has

2499authority to possess animals, but does not have an approved

2509facility address to house the animals.

251558. Moreover, assuming arguendo that the properties are

2523combined, Petitioner's properties at 127 West Hiawatha and 116

2532West Elm fail to meet the mandatory requirements for acreage to

2543house Class I wildlife, pursuant to Rule 68A-6.022, Florida

2552Administrative Code.

2554CONCLUSIONS OF LAW

255759. The Division of Administrative Hearings has

2564jurisdiction over the subject matter of this proceeding and the

2574parties pursuant to Section 120.57(1), Florida Statutes, and

2582Chapter 65B-11.013, Florida Administrative Code.

258760. Article IV, Section 9, Florida Constitution, creates

2595and grants Respondent "the regulatory and executive power of the

2605state with respect to wild animal life. . . ." Section

2616372.921(1), Florida Statutes, directs all persons who wish to

2625exhibit or sell wild animals, whether indigenous to Florida or

2635not, to obtain a license from the Commission. Rules 68A-5.004,

26456.002, 6.003, 6.004, 6.022, and 6.0023, Florida Administrative

2653Code (formerly found in Title 39, Florida Administrative Code)

2662govern the licensing and housing of wildlife.

266961. Petitioner, as applicant for a license to sell or

2679exhibit wildlife, has the burden of demonstrating eligibility for

2688the license. McDonald v. Department of Professional Regulation ,

2696582 So. 2d 660, 670 (Fla. 1st DCA 1991), citing Balino v.

2708Department of Health and Rehabilitation Service , 348 So. 2d. 349,

2718350 (Fla. 1st DCA 1977).

272362. Rule 68A-6.022(5) (formerly Rule 39-6.022), Florida

2730Administrative Code, mandates that an applicant for a license to

2740possess Class I wildlife must possess the Class I wildlife on not

2752less than 1/4 acre.

275663. Petitioner applied to possess bears, baboons and

2764leopards, all Class I wildlife pursuant Rule 68A-6.002 (formerly

2773Rule 39-6.002), Florida Administrative Code.

277864. Each of Petitioner's properties, 127 West Hiawatha

2786Street, 116 West Elm Street, and 6802 North Highland Avenue, is

2797less than 1/4 acre. This conclusion is supported by the

2807testimony of Lieutenant Parker, Lieutenant Delacure, and Linda

2815Coomey, the exhibits provided through the Hillsborough County Tax

2824Collector's and Property Appraiser's Offices, and the testimony

2832of Petitioner himself.

283565. Although estoppel is an application of the rules of

2845fair play and is an appropriate defense in certain matters, it is

2857not merited in the instant case.

286366. First, equitable estoppel may not be applied against a

2873governmental entity to accomplish an illegal result. Branca v.

2882City of Miramar , 634 So. 2d 604, 606, (Fla. 1994), citing State

2894Department of Revenue v. Anderson , 403 So. 2d 397 (Fla. 1981).

2905To apply the equitable doctrine against Respondent and allow

2914Class I animals to be housed at Petitioner's properties would be

2925violative of the administrative law cited above.

293267. Additionally, the doctrine of equitable estoppel may be

2941applied against the state only rarely and under exceptional

2950circumstances. Dolphine Outdoor Advertising v. Dept. of

2957Transportation , 582 So. 2d 709, 710 (Fla. 1st DCA 1991), citing

2968North American Co. v. Green , 120. So. 2d 603 (Fla. 1959); Tri-

2980State Systems, Inc. v. Dept. of Transportation , 500 So. 2d 212

2991(Fla. 1st DCA 1986), rev. den. 506 So. 2d 1041 (Fla. 1987). See

3004also Corona Properties of Florida, Inc. v. Monroe County , 485 So.

30152d 1314, 1317, in which the court stated that a governmental

3026entity cannot be estopped from enforcement of its ordinances by

3036an illegally issued permit. Here, Petitioner asserts that an

3045improperly issued license should require the Commission to issue

3054a Class I license in violation of agency rule. The assertion is

3066incorrect.

306768. The court in Tri-State enunciated that equitable

3075estoppel shall only be afforded if the facts support the

3085following three elements: (1) representation of a material fact

3094that is contrary to a later-asserted position; (2) reliance on

3104that representation; and 3) a change in position detrimental to

3114the party claiming estoppel, caused by the representation and

3123reliance thereon. See Tri-State Systems, Inc. v. Dept. of

3132Transportation , 500 So. 2d at 215-216.

313869. In Council Brothers, Inc. v. City of Tallahassee , 634

3148So. 2d 264 (Fla. 1st DCA 1994), the court reiterated the above

3160three criteria which the asserting party must demonstrate to

3169establish a basis for estoppel, but also held that for one to

3181successfully invoke equitable estoppel against the government,

3188the party must also demonstrate the existence of affirmative

3197conduct on the part of the government which goes beyond mere

3208negligence. See Council Brothers, Inc. v. City of Tallahassee,

3217634 So. 2d at 266. Here, there has been no demonstration by

3229Petitioner of affirmative conduct by Respondent beyond mere

3237negligence.

323870. The Council Brothers, Inc. court also held that the

3248governmental conduct must cause serious injustice for equitable

3256estoppel to be applicable. See Council Brothers, Inc. v. City of

3267Tallahassee, 634 So. 2d at 266. As Petitioner has continued to

3278exhibit Class I wildlife throughout the 1990's, no serious

3287injustice has been demonstrated. Lastly, and equally important,

3295this court held that any application of estoppel against the

3305government must not unduly harm the public interest. See also

3315Alachua County v. Cheshire , 603 So. 2d 1334, 1337 (Fla. 1st DCA

33271992). Here, Petitioner seeks to house the most dangerous

3336animals regulated by Respondent. The neighborhood in which

3344Petitioner wishes to house Class I wildlife is of a high density

3356and residential, and close to major roads. The use of equitable

3367estoppel under these circumstances would unduly harm the public

3376interest by allowing bears, leopards, and baboons into this

3385environment.

3386RECOMMENDATION

3387Based upon the foregoing Findings of Fact and Conclusions of

3397Law, it is

3400RECOMMENDED that the Florida Fish and Wildlife Conservation

3408Commission enter a final order upholding the Commission's Amended

3417Notice of Denial.

3420DONE AND ENTERED this 18th day of February, 2000, in

3430Tallahassee, Leon County, Florida.

3434___________________________________

3435WILLIAM R. PFEIFFER

3438Administrative Law Judge

3441Division of Administrative Hearings

3445The DeSoto Building

34481230 Apalachee Parkway

3451Tallahas see, Florida 32399-3060

3455(850) 488-9675 SUNCOM 278-9675

3459Fax Filing (850) 921-6847

3463www.doah.state.fl.us

3464Filed with the Clerk of the

3470Division of Administrative Hearings

3474this 18th day of February, 2000.

3480COPIES FURNISHED:

3482Joseph R. Fritz, Esquire

34864204 North Nebraska Avenue

3490Tampa, Florida 33603

3493Preston T. Robertson, Esquire

3497Florida Fish and Wildlife

3501Conservation Commission

3503620 South Meridian Street

3507Tallahassee, Florida 32399-1600

3510Allan L. Egbert, Ph.D., Interim Director

3516Florida Fish and Wildlife

3520Conservation Commission

3522620 South Meridian Street

3526Tallahassee, Florida 32399-1600

3529James Antista, Acting General Counsel

3534Florida Fish and Wildlife

3538Conservation Commission

3540620 South Meridian Street

3544Tallahassee, Florida 32399-1600

3547NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3553All parties have the right to submit written exceptions within 15

3564days from the date of this Recommended Order. Any exceptions to

3575this Recommended Order should be filed with the agency that will

3586issue the final order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
Date: 04/05/2000
Proceedings: Final Order filed.
PDF:
Date: 04/04/2000
Proceedings: Agency Final Order
Date: 03/06/2000
Proceedings: (Petitioner) Motion to Correct andClarify Recommended Order (filed via facsimile).
PDF:
Date: 02/18/2000
Proceedings: Recommended Order
PDF:
Date: 02/18/2000
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 10/8/99.
Date: 12/03/1999
Proceedings: Petitioner`s Proposed Recommended Order; Cover Letter filed. 12/3/99)
Date: 12/03/1999
Proceedings: Petitioner`s Proposed Recommended Order; Cover Letter filed.
Date: 12/03/1999
Proceedings: (Petitioner) Notice of Filing; Deposition of Officer Dennis W. Parker filed.
Date: 12/01/1999
Proceedings: Respondent Florida Fish and Wildlife Conservation Commission`s Proposed Recommended Order filed.
Date: 12/01/1999
Proceedings: Petitioner`s Proposed Recommended Order (filed via facsimile).
Date: 11/01/1999
Proceedings: (2 Volumes) Transcript of Proceedings filed.
Date: 10/20/1999
Proceedings: Order Granting Extension of Time to File Proposed Recommended Orders sent out.
Date: 10/12/1999
Proceedings: Respondent`s Motion for Extension of Time to File Proposed Recommended Orders filed.
Date: 10/08/1999
Proceedings: CASE STATUS: Hearing Held.
Date: 10/06/1999
Proceedings: Respondent`s Notice of Filing Exhibit; Composite Exhibit No. 20 filed.
Date: 09/30/1999
Proceedings: Respondent`s List of Witnesses and Request for Witness List filed.
Date: 09/22/1999
Proceedings: (Respondent) Notice of Taking Deposition filed.
Date: 09/16/1999
Proceedings: (Petitioner) Request for Admissions; Request to Produce filed.
Date: 09/15/1999
Proceedings: Order Denying Continuance sent out.
Date: 09/08/1999
Proceedings: (Respondent) Motion for Continuance filed.
Date: 08/27/1999
Proceedings: Notice of Hearing sent out. (hearing set for October 8, 1999; 9:00 a.m.; Tampa, FL)
Date: 08/23/1999
Proceedings: (Respondent) Notice of Filing of Fourth Joint Status Report filed.
Date: 07/14/1999
Proceedings: Third Order of Abeyance sent out. (Parties to advise status by 08/20/1999)
Date: 07/09/1999
Proceedings: Third Joint Status Report filed.
Date: 07/08/1999
Proceedings: (Respondent) Notice of Substitution of Party filed.
Date: 05/12/1999
Proceedings: Second Order of Abeyance sent out. (Parties to advise status by 7/12/99)
Date: 05/07/1999
Proceedings: Second Joint Status Report filed.
Date: 04/13/1999
Proceedings: Order of Abeyance sent out. (parties shall file status report by 5/12/99)
Date: 04/05/1999
Proceedings: Joint Status Report filed.
Date: 03/05/1999
Proceedings: Order for Continuance and Status Report sent out. (hearing cancelled, parties shall file status report within 30 days)
Date: 03/03/1999
Proceedings: Joint Motion for Continuance (filed via facsimile).
Date: 03/01/1999
Proceedings: Respondent`s Response to Request to Produce; Respondent`s Answers to Interrogatories filed.
Date: 02/23/1999
Proceedings: Order Continuing Final Hearing sent out. (Video Hearing set for 3/26/99; 9:30am; Tampa & Tallahassee)
Date: 02/17/1999
Proceedings: Joint Motion for Abeyance (filed via facsimile).
Date: 02/17/1999
Proceedings: Joint Motion for Abeyance rec`d
Date: 02/12/1999
Proceedings: Respondent`s Notice of Filing Exhibit 18 rec`d
Date: 02/11/1999
Proceedings: Respondent`s Notice of Filing Exhibits; Exhibits rec`d
Date: 02/08/1999
Proceedings: (Petitioner) Notice of Taking Deposition filed.
Date: 02/04/1999
Proceedings: Respondent`s List of Witnesses and Request for Witness List rec`d
Date: 02/04/1999
Proceedings: (Petitioner) Second Motion to Continue Hearing; Notice of Propounding Interrogatories; Request to Produce; Petitioner`s Response to Respondent`s Amended Notice of Denial (As Consolidated) rec`d
Date: 01/29/1999
Proceedings: (Respondent) Response to Response to Respondent`s Response to Motionto Continue Hearing and Motion to Strike Notice of Hearing rec`d
Date: 01/28/1999
Proceedings: (Petitioner) Response to Respondent`s Response to Motion to Continue Hearing and Motion to Strike Notice of Hearing rec`d
Date: 01/20/1999
Proceedings: (Respondent) Notice of Filing Amended Notice of Denial; Amended Notice of Denial rec`d
Date: 01/19/1999
Proceedings: Order Denying Motion for Continuance sent out.
Date: 01/13/1999
Proceedings: (Respondent) Response to Motion to Continue Hearing rec`d
Date: 01/11/1999
Proceedings: (Petitioner) Motion to Continue Hearing filed.
Date: 01/07/1999
Proceedings: Order Granting Motion to Amend Notice of Denial sent out.
Date: 12/15/1998
Proceedings: (Respondent) Motion to Amend Notice of Denial filed.
Date: 12/14/1998
Proceedings: (Respondent) Motionto Amend Notice of Denial filed.
Date: 12/10/1998
Proceedings: Notice of Hearing by Video Teleconference sent out. (Video Hearing set for 2/22/99; 9:30am; Tampa & Tallahassee)
Date: 12/03/1998
Proceedings: Order of Consolidation sent out. (Consolidated cases are: 98-4974, 98-4975 & 98-4976)
Date: 11/24/1998
Proceedings: (Respondent) Motion to Consolidate (Cases requested to be consolidated: 98-4974, 98-4975, 98-4976); Joint Response to Initial Order filed.
Date: 11/16/1998
Proceedings: Initial Order issued.
Date: 11/05/1998
Proceedings: Agency Referral Letter; Election of Rights; Request for A Formal Hearing, letter form; Agency Action Letter; Application for Refund; Captive Wildlife Inspections Form filed.

Case Information

Judge:
WILLIAM R. PFEIFFER
Date Filed:
11/05/1998
Date Assignment:
11/16/1998
Last Docket Entry:
04/05/2000
Location:
Tampa, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Related Florida Statute(s) (1):

Related Florida Rule(s) (2):