Challenge to Approval of Site Plan Modifications to DRI, ERISI-1533.
Challenge to Citation For Towing Violations —
Circuit Court Reverses & Remands, ERISI-1534.
Challenge to Constitutionality of Ordinance Restricting Residency of Sex Offenders —
Motion to Dismiss Information Denied, ERISI-1535.
Challenge to Denial of Application to Construct a Telecommunications Tower —
Circuit Court Quashal of County Denial Affirmed On Remand From the Supreme Court, ERISI-1536.
Challenge to Denial of Conditional Use Application By a Synagogue —
Circuit Court Affirms Denial, ERISI-1537.
Challenge to Denial of Non-Use Variances —
Parking —
Circuit Court Affirmance Affirmed, ERISI-1538.
Challenge to Denial of Permit —
Rebuild Mobile Home Park Destroyed By Hurricane Andrew —
Circuit Court Reversal Affirmed, ERISI-1539.
Challenge to Denial of Rezoning —
Agricultural to Residential —
Circuit Court Affirms, ERISI-1540.
Fruit & Vegetable Stand — Circuit Court Reverses, ERISI-1541.
Single Family to Semi-Professional Office Dist. —
Circuit Court Reverses & Remands, ERISI-1542.
Challenge to Denial of Unusual Use Permit —
Circuit Court Reverses County Denial of Unusual Use Permit For Cell Phone Mast, ERISI-1543.
Wireless Communications & Bell Tower Reversed, ERISI-1544.
Challenge to Grant of Permit to Rebuild Mobile Home Park Destroyed By Hurricane Andrew —
Circuit Court Reverses County Decision, ERISI-1545.
Challenge to Grant of Rezoning —
Circuit Court Affirmance of Rezoning Affirmed, ERISI-1546.
Circuit Court Affirms Zoning Application Approval For Church, ERISI-1547.
Mixed Use Development —
Circuit Court Affirms, ERISI-1548.
Challenge to Grant of Special Permit to Construct a Condominium —
Circuit Court Denies Petition For Writ of Certiorari, ERISI-1549.
Challenge to Grant of Unusual Use & Nonuse Permits —
Cell Phone Tower — Reversed, ERISI-1550.
Challenge to Interpretation of Zoning Director —
Circuit Court Denies Certiorari, ERISI-1551.
Challenge to Revocation of Building Permit For Two (2) Way Access Driveway —
Circuit Court Affirms Decision Below, ERISI-1552.
Challenge to Ruling of County Board of Rules & Appeals —
Construction of Two (2) Warehouses & An Office Building —
Board Finding That It Lacked Jurisdiction Affirmed, ERISI-1553.
Challenge to Water Bill At Vacant Property —
Circuit Court Quashes Lien On Property, ERISI-1554.
Circuit Court Affirms Summary Judgment In Favor of County In Inverse Condemnation Suit Involving a Private Solid Waste Disposal Plant, ERISI-1555.
Circuit Court Allowance of An Untimely Appeal Reversed, ERISI-1556.
Circuit Court Denial of Injunction —
Commercial Party Business At Residence In Agricultural District — Reversed, ERISI-1557.
Circuit Court Quashes County Hearing Officer Refusal to Allow Petitioner to Appear Pro Se Even Though He Was a Member of the Fla. Bar, ERISI-1558.
Circuit Court Reversal of Denial of a Zoning Variance Quashed, ERISI-1559.
Code Enforcement Bd. —
Action Against Third Party For Properly Permitted Addition to Townhouse In Violation of Setbacks —
Circuit Court Denial of Certiorari Reversed On Basis of Equitable Estoppel, ERISI-1560.
Addition In Violation of Setback Constructed With Permits Twenty (20) Years Ago —
Circuit Court Affirms Citation, ERISI-1561.
Airplane Parked In Agricultural Building Exempt From Permit Requirement By Statute —
Citation Quashed, ERISI-1562.
Automobile Repair Shop Outside Parking or Storage of Vehicles —
County Requirement For Unusual Use Permit Reversed, ERISI-1563.
Automobiles Parked on Residential Property Circuit Court Reverses Fine, ERISI-1564.
Circuit Court Affirms & Reverses In Part a Citation For Storage of Unauthorized Vehicles & “Junk” At Residential Property, ERISI-1565.
Circuit Court Affirms Bd. Finding of a Violation For Placement of a Chain-Link Fence In a Public Right-of-Way, ERISI-1566.
Circuit Court Affirms Violation For Sheds Encroaching On Setback, ERISI-1567.
Circuit Court Affirms, ERISI-1568.
Circuit Court Remands For Further Fact Finding, ERISI-1569.
Circuit Court Reverses — Citation For Improper “Storage” of a Boat By Parking It In Front of a Residence, ERISI-1570.
Circuit Court Reverses — Failure to Obtain a Mandatory Final Inspection of Repair to a Residence, ERISI-1571.
Circuit Court Reverses — Failure to Secure a Permit For Work, ERISI-1572.
Circuit Court Reverses Citation — Failure to Obtain Certificate of Occupancy After Residential Renovations —
Defective Ordinance, ERISI-1573.
Circuit Court Reverses Citation — Maintaining or Storing a Commercial Vehicle On Residential Property, ERISI-1574.
Circuit Court Reverses Criminal Judgment & Sentence For Rubbish & Vehicle Storage At Residence —
Requisite Proof Found Lacking, ERISI-1575.
Circuit Court Revised Opinion: Hayles v. Dade County, ERISI-1576.
Citation to City of Miami For Irrigating In Violation of Water Shortage Restrictions Reversed, ERISI-1577.
Complaint — Service of Found to Be Defective, ERISI-1578.
Conducting Parties In a Residence Zoned Agricultural Without An Unusual Use Permit —
Circuit Court Reverses Due to Defective Notice, ERISI-1579.
Constitutionality of County’s Alternative Code to 162 Upheld, ERISI-1580.
Conversion of Duplex Into Triplex Without Permits, ERISI-1581.
Failure to Provide a Warning or Opportunity to Cure the Defect Fine Circuit Court Reversal Reversed, ERISI-1582.
Operating a Nursery In a Residential Area — Subsequent Purchaser, ERISI-1583.
Penalty — Repeal of Ordinance Providing for Precludes Imposition of, ERISI-1584.
Poultry or Fowl In a Residential Area, ERISI-1585.
On Motion For Rehearing: Palmetto West Park, L.C., et al. v. Miami-Dade County, ERISI-1586.
On Remand: Miami-Dade County v. Omnipoint Holdings, Inc., ERISI-1587.
Circuit Court Grant of Summary Judgment In Favor of City In Sunshine Law Challenge to Closed Attorney/Client Meeting Affirmed, ERISI-1588.
Circuit Court Dismissal of Inverse Condemnation Suit Challenging Rezoning & Related Code Enforcement Action Reversed, ERISI-1589.
Circuit Court Holds That Fla. Atlantic Univ. & the Aragon Group Are Liable —
Repairs Necessary to Correct Building Code Violations at the Aragon License Area of the Seatech Property, ERISI-1590.
Circuit Court Affirms City Approval of Site Plan For Truck Travel Center, ERISI-1591.
Circuit Court Affirms City Approval of Site Plan For a Truck Stop, ERISI-1592.
Circuit Court Denial of Wal-Mart Challenge to Denial of Site Plan Approval Affirmed, ERISI-1593.
Circuit Court Dismissal of Suit Challenging Requirement That Golf Cart Be Used On Municipal Course Affirmed, ERISI-1594.
86 Declaratory Judgment (See Also APPELLATE REVIEW) —
Statute & Pertinent Caselaw Is Analogous, ERISI-1595.
Agency Cannot Avoid Issuance of By Utilizing a Hypertechnical Interpretation of 120.565, ERISI-1596.
Community Affairs —
Building Comm. —
Aircraft Hangar Doors — Component Parts of Custom Doors Must Meet Applicable Code Standards, ERISI-1597.
Back to Back Water Closet Defined & Discussed, ERISI-1598.
Design Calculation Requirements For Exterior Roll Hurricane Shutters, ERISI-1599.
Entrance Door — Custom — Approval Requirements Examined, ERISI-1600.
Garage — Mechanical Venting Requirement, ERISI-1601.
Manufactured Buildings Are Not Exempt From the Code, ERISI-1602.
Manufacturer of Automatic Grease Recovery Devices — Electronically Controlled & Self-Cleaning Grease Interceptors Found to Be Feasible, ERISI-1603.
Manufacturer of Garage Doors — On-Site Testing Performed Under “Certification of Independence” Found Permissible, ERISI-1604.
Manufacturer of Mullion Windows — Mullion Must Be Able to Resist 1 1/2 Times the Design Pressure Load, ERISI-1605.
Manufacturer of Windows & Sliding Glass Doors — Applicability of Load Combinations Specified In the Code Examined, ERISI-1606.
Manufacturer of Windows & Sliding Glass Doors — Tapered Wood Bucks Up to 1 1/2 Inches Thick Are Not Required to Extend Beyond the Interior Face of the Window, ERISI-1607.
Masonry Wall Designed By An Engineer Found Not Subject to Height or Length to Thickness Ratios, ERISI-1608.
Petition Collaterally Attacking a Proposed Housing Project Denied, ERISI-1609.
Pool — Enclosure — Emergency Escape Requirements, ERISI-1610.
Pool — Main Drain & Skimmer Requirements Examined, ERISI-1611.
Propriety of Using An Approved Safety Cover As the Sole Pool Barrier, ERISI-1612.
Propriety of Using a Battery Alarm System to Detect Access to a Pool, ERISI-1613.
Propriety of Using a Sectional Pool Fence to Comply With the Barrier Requirements, ERISI-1614.
Propriety of Using a Standard Screen Enclosure to Comply With Pool Barrier Requirements Examined, ERISI-1615.
Question As to Requirement For a Separate Alarm & Siren to Be Installed On Each Door Providing Access to a Pool, ERISI-1616.
Question As to Whether a Perimeter Fence Around the Property Line With Alarms At Direct Access Points Satisfies the Pool Barrier Requirements, ERISI-1617.
Question As to Whether a Prefabricated Cashier Booth Constitutes a “Kiosk” Exempt From the Restroom Requirements, ERISI-1618.
Question As to the Dashed 140 MPH Contour Line In Indian River County, ERISI-1619.
Question As to the Propriety of Various Garage Door Installation Alternatives, ERISI-1620.
Requirement For Corrosion-Resistant Frame Connector Hardware On a Three (3) Story Frame Structure, ERISI-1621.
Requirement For Unisex Toilet Room In Mercantile Building With a Total of Greater Than Six (6) Male & Female Water Closets, ERISI-1622.
Requirement For Ventilation of Bathrooms In One (1) & Two (2) Family Residential Buildings, ERISI-1623.
Requirement For a Sprinkler System In a Free-Standing Parking Garage With Retail Space On the Ground Floor, ERISI-1624.
Sodium Hypochloride Storage Tanks With a Capacity Exceeding 550 Lbs. — There Is No Exemption From the Fla. Building Code, ERISI-1625.
State Approved Performance Tester Defined & Discussed, ERISI-1626.
Status of Replacement of Existing Windows In High-Rise Commercial Buildings As a Minor or Major Structural Repair Examined, ERISI-1627.
Water Hammer Arrester — Access Panel Requirement, ERISI-1628.
Challenge to City of Daytona Process Regarding Amendment of a Future Land Use Designation In the Comprehensive Plan, ERISI-1629.
Declaration That Water & Sewer Lines to Be Constructed By DOT & Turned Over to St. Johns County Should Be Included In the Comprehensive Plan Quashed, ERISI-1630.
Question As to Whether 163.3215 Remedies Are Available to Challenge City of Parker’s Issuance of a Development Order For An Electrical Power Transmission Line, ERISI-1631.
Question As to Whether the Suspension & Subsequent Repeal of the St. Pete Beach Area Master Plan Via Referendum Complies With 163, ERISI-1632.
DEP (Environmental Protection, Dept. of) —
Request to Invalidate Paper Mill’s National Pollutant Discharge Elimination System Permit, ERISI-1633.
Financial Services —
Fire Safety Inspections For New Educational Facilities — Dismissal of Petition For Reversed, ERISI-1634.
Fish & Wildlife Conservation Comm. —
Authority of Local Governments to Regulate Salt Water Fishing From Public Pier, ERISI-1635.
Authority of Local Governments to Regulate Taking of Marine Fish On Property Owned By the Local Government, ERISI-1636.
Hybrid Fishing Net Proposed Found to Be a Gill or Entangling Net Prohibited By the Net Ban Constitutional Amendment, ERISI-1637.
Stone Crab Trap Tag Distribution Assailed As Violation of Americans With Disabilities Act, ERISI-1638.
Health —
Question As to the Status of A Self-Contained Condominium Unit As An Enclosed Indoor Workplace For Purpose of the Fla. Clean Indoor Air Act, ERISI-1639.
Status of a Non-Profit Residential Mobile Home Cooperative As a 513 Mobile Home Park, ERISI-1640.
Requirements For —
Actual Controversy, ERISI-1641.
Agency Encouraged to Respond to Valid Petitions For, ERISI-1642.
Another Adequate Remedy Cannot Be Available, ERISI-1643.
Cannot Be Used to Collaterally Attack Final Agency Action, ERISI-1644.
Cannot Be Used to Determine Matters Pending In Administrative or Judicial Tribunals, ERISI-1645.
Cannot Be Utilized to Determine the Conduct of a Third Person, ERISI-1646.
Cannot Be Utilized to Elicit a Policy Statement of General Applicability, ERISI-1647.
Cannot Be Utilized When Related Litigation Is Pending, ERISI-1648.
Cannot Exceed Scope of Either the Petition or An Agency’s Jurisdiction, ERISI-1649.
Caselaw Under Florida Declaratory Judgment Statute (86) Is Pertinent, ERISI-1650.
Changed Circumstances May Prohibit Issuance of, ERISI-1651.
Hearing Prior to Issuance of Not Required, ERISI-1652.
Limited to Petitioner In Their Particular Circumstances Only, ERISI-1653.
Not Available When Issue Is Pending In Judicial Proceeding, ERISI-1654.
Question Cannot Be Speculative, ERISI-1655.
Rules or Statutes to Be Interpreted Must Be Specified, ERISI-1656.
Specific Facts & Circumstances Must Be Set Forth, ERISI-1657.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) — Discussed, ERISI-1658.
Standing Is No Longer Limited to Petitioner In Their Particular Set of Circumstances Only, ERISI-1659.
Third Parties Cannot Utilize to Determine Another’s Rights, ERISI-1660.
Circuit Court Grant of Motion to Enforce Final Judgment & Injunction —
Stone Monument & Cutting Business Violated Consent Final Judgment —
Circuit Court Order Affirmed, ERISI-1661.
Circuit Court Order Reversed City Denial of a Permit to Tear Down & Reconstruct a Hotel —
Reversed & Remanded, ERISI-1662.
Circuit Court Order of Taking In An Eminent Domain Proceeding —
Circuit Court Denial of Tenants’ Claim For a Portion of the Compensation Reversed, ERISI-1663.
Circuit Court Quashed City Decision to Reject Site Plan For Expansion of a Motel, ERISI-1664.
Circuit Court Reverses City Denial of Site Plan Approval For a Hotel, ERISI-1665.
Code Enforcement Bd. —
Citation of Abandoned Vehicle Before Time Limit For Corrective Action Expires Dismissed, ERISI-1666.
Circuit Court Reverses Code Enforcement Bd. Citation For Roof Encroaching Into Neighbor’s Air Space —
Circuit Court Dismissal of Suit Due to Untimely Initial Brief Quashed, ERISI-1667.
Mitigating Factors —
Absence of —
Danger to the Public, ERISI-1668.
Previous Discipline, ERISI-1669.
Circuit Court Quashes Order to Remove Construction-Site Driveway, ERISI-1670.
Circuit Court Affirms City Denial of Site Plan Approval For Five (5) Story Condo, ERISI-1671.
Code Enforcement Citation For Residential Fence —
Circuit Court Affirms, ERISI-1672.
Prohibition On Sexual Predators From Residing Within 2,500 Feet of Certain Places Frequented By Children —
Ordinance Invalidated On Basis of Statutory Preemption & Substantive Due Process Violation, ERISI-1673.
Annexation — Voluntary —
Intervention Into Volusia County Challenge to Oak Hill Annexation Due to Pleading Deficiencies, ERISI-1674.
2002 Group 1 Basins Verified List of Impaired Waters, ERISI-1675.
2002-2003 Regional Mitigation Plan of the N.W. Fla. Water Management Dist. For DOT Transportation Projects, ERISI-1676.
2002-2003 Regional Mitigation Plan of the S.W. Fla. Water Management Dist. For DOT Transportation Projects, ERISI-1677.
2002-2003 Regional Mitigation Plan of the So. Fla. Water Management Dist. For DOT Transportation Projects, ERISI-1678.
2002-2003 Regional Mitigation Plan of the St. Johns River Water Management Dist. for DOT Transportation Projects, ERISI-1679.
2002-2003/2003-2004 Regional Mitigation Plan of the So. Fla. Water Management Dist. For DOT Transportation Projects, ERISI-1680.
2003 Verified List of Impaired Waters For Group 2 Basins, ERISI-1681.
2003 Verified List of Nutrient Impaired Water Segments For the Main Stem of the Lower St. Johns River, ERISI-1682.
2003-2004 Regional Mitigation Plan of the N.W. Fla. Water Management Dist. For DOT Transportation Projects, ERISI-1683.
2003-2004 Regional Mitigation Plan of the S.W. Fla. Water Management Dist., ERISI-1684.
2003-2004 Regional Mitigation Plan of the So. Florida Water Management Dist. For DOT Projects, ERISI-1685.
2003-2004 Regional Mitigation Plan of the St. Johns River Water Management Dist., ERISI-1686.
2004-2005 Regional Mitigation Plan —
N.W. Florida Water Management Dist. For DOT Transportation Projects — Approved, ERISI-1687.
St. Johns River Water Management Dist. For DOT Transportation Projects, ERISI-1688.
Suwannee River Water Management Dist. For DOT Transportation Projects, ERISI-1689.
2004-2005 Regional Mitigation Plan of the N.W. Florida Water Management Dist. For DOT Transportation Projects, ERISI-1690.
2004-2005 Verified List & Delist of Impaired Waters For Group 3, ERISI-1691.
2005-2006 Regional Mitigation Plan of the S.W. Florida Water Management Dist. For DOT Projects, ERISI-1692.
2005/2006 Verified List of Impaired Waters — Group 3 Basin — Revisions & Delist List, ERISI-1693.
2005/2006 Verified List of Impaired Waters — Group 4 Basin, ERISI-1694.
2006 List of Impaired Waters — Revisions — Groups 1-4 Basins, ERISI-1695.
2008 Verified List of Impaired Waters For the Group 1 Basins — 2008 Delist List — Verified List For Group 5 Basin (Fla. Keys), ERISI-1696.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE) —
120.595(1) Motion For Denied, ERISI-1697.
403.121(2)(f) Motion For Denied, ERISI-1698.
Third Party Voluntary Dismissal Immediately Prior to Hearing Does Not Preclude Recovery of Fees Pursuant to 120.595, ERISI-1699.
Bd. of Trustees — Submerged Lands (See INTERNAL IMPROVEMENT TRUST FUND)
Broward County Water Preserve Area Approved, ERISI-1700.
Circuit Court Enforcement Action —
Complaint For Civil Penalties —
Spill of Vehicular Fuel — Circuit Court Orders Assessment & Remedial Actions — Civil Penalties Imposed, ERISI-1701.
DEP Motion to Strike Request For Jury Trial Granted, ERISI-1702.
Injunction Requiring DEP to Regulate Concentrated Animal Feeding Operators (Dairies), ERISI-1703.
Coastal Constuction Control Line (CCCL) —
Circuit Court Denial of Suit Assailing Denial of the Permit As A “Taking” Affirmed, ERISI-1704.
Consent Order (See Also PERMITS, Consent Order, Third Party Intervenors, Standing) —
Corrective Actions Mandated Assailed, ERISI-1705.
DEP Cannot Compel Acceptance of Unilateral Changes to Mollify Third Party Protestant, ERISI-1706.
DEP Enforcement & Settlement Discretion Is Broad, ERISI-1707.
DOAH Can Either Approve or Disapprove But Cannot Modify, ERISI-1708.
Defined & Discussed, ERISI-1709.
Experimental Use of Wetlands to Receive Discharges From a Paper Mill — Third Party Protest, ERISI-1710.
Merely Sets the Stage For Subsequent Agency Action, ERISI-1711.
Penalty — Adequacy of Is the Exclusive Domain of DEP, ERISI-1712.
Third Party Challenge (See Also Third Party Intervenors; PERMITS, Consent Order, Third Party Intervenors, Standing) —
Can Challenge, ERISI-1713.
Cannot Challenge, ERISI-1714.
License or Permit Substitutes, ERISI-1715.
Resolution of Environmental Violations, ERISI-1716.
Two (2) Classes of — License or Permit Substitute — Resolution of Violation, ERISI-1717.
Third Party Challenge, ERISI-1718.
Two (2) Classes of Examined, ERISI-1719.
Contracts (See CONTRACTS (Bids/Protests))
Declaratory Statements (See DECLARATORY STATEMENTS)
Default Permit —
DEP Can Convene Hearing Regarding Necessary Mitigative Measures, ERISI-1720.
DEP Denial of Reversed, ERISI-1721.
DEP Issuance of Two (2) Years After Appellate Mandate With Conditions & Without a Hearing —
Reversed & Remanded, ERISI-1722.
DEP Must Conduct a Hearing Prior to Issuance of or Imposition of Conditions, ERISI-1723.
Receipt of An Application Is the Trigger Date Despite Transfer of Application Back & Forth Between Agencies, ERISI-1724.
Dismissal of a Petition As a Sanction For Alleged Discovery Violations Reversed, ERISI-1725.
Dissolution of the Lee County Regional Water Supply Authority Approved, ERISI-1726.
Dry Cleaning Solvents Cleanup Program —
376.313(3) Creates a Private Cause of Action For Strict Liability, ERISI-1727.
DEP Lacks Authority to Extend Secondary Containment Deadline, ERISI-1728.
Failure to Install Requisite Secondary Containment, ERISI-1729.
Emergency Final Order —
Amended —
Authorization For Lake Okeechobee Water Storage Augmentation, ERISI-1730.
Authorization For Acceptance of Nonhazardous Leachate From Okeechobee Landfill By Palm Beach County For Disposal Via Class I Injection Well, ERISI-1731.
Authorization For Actions By Public Water Systems Made Necessary By Severe Drought, ERISI-1732.
Authorization For Deviation From Permit & Certification Requirements At Power Plants Made Necessary By Hurricane Katrina, ERISI-1733.
Authorization For Discharge From Phosphate Manufacturing Facilities, ERISI-1734.
Authorization For Discharge of Content Stormwater & Incidental Process Water From a Mine to a Creek — Third Party Protest, ERISI-1735.
Authorization For Discharge of Treated Wastewater For Phosphoric Acid Manufacturing Facilities Made Necessary By Heavy Rainfall, ERISI-1736.
Authorization For Lake Okeechobee Water Storage Augmentation, ERISI-1737.
Authorization For Operation of Diesel Engine-Electric Generators At the Clewiston U.S. Sugar Complex Made Necessary By the Failure of a Steam Generator, ERISI-1738.
Authorization For Provision of Bottled Water — Steinhatchee Water Assoc., ERISI-1739.
Authorization For Receiver Allowing Construction of a Pipeline to Transfer Treated Process Wastewater From Piney Point Plant to Port Manatee, ERISI-1740.
Authorization For Relief For Stormwater Effects Resulting From Tropical Storms Fay & Hanna — City of Cape Canaveral, ERISI-1741.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricanes Charley, Frances, Ivan & Jeanne, ERISI-1742.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Charley, ERISI-1743.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Frances, ERISI-1744.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Katrina, ERISI-1745.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Hurricane Wilma, ERISI-1746.
Authorization For Repairs, Replacement, Restoration & Certain Other Measures Made Necessary By Subtropical Storm Andrea, ERISI-1747.
Authorization For Solid Waste & Air Resource Management Made Necessary By Hazardous Weather System, ERISI-1748.
Authorization For Suspension of Procurement & Travel Statutes, Rules & Orders Made Necessary By Drought Related Wildfires, ERISI-1749.
Authorization For Suspension of Procurement & Travel Statutes, Rules and Orders Made Necessary By Hurricane Fay, ERISI-1750.
Authorization For Suspension of Procurement & Travel Statutes, Rules and Orders Made Necessary By Tropical Storm Hanna, ERISI-1751.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Drought Related Wildfires, ERISI-1752.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Hurricane Alberto, ERISI-1753.
Authorization For Suspension of Procurement Statutes, Rules & Orders Made Necessary By Hurricane Katrina, ERISI-1754.
Authorization to Discharge Water From L-8 Reservoir Project, ERISI-1755.
Authorization to Discharge Water From to Central Regional Water Reclamation Project Area to Standby Well Impoundment Area, ERISI-1756.
Authorization to Lower Inlet to Existing Modified Drainage Well Associated With Lake Orienta Project, ERISI-1757.
Authorization to Plug, Abandon & Relocate Drainage Well, ERISI-1758.
Authorization to Recharge Surficial Aquifer Via Alternative Discharge Systems At Qualifying Wastewater Treatment Facilities, ERISI-1759.
Authorization to Repair the Herbert Hoover Dike, ERISI-1760.
Declaration of Shoreline Emergency Made Necessary By Subtropical Storm Andrea, ERISI-1761.
Potential Catastrophic Release of Untreated Process Wastewater From Phosphoric Acid Fertilizer Manufacturing Facility, ERISI-1762.
Rupture of Gypsum Dam Within Phosphogypsum Stack System, ERISI-1763.
Enforcement Action (See Also Circuit Court Enforcement Action) —
DEP Claim For Costs of Investigation & Prosecution, ERISI-1764.
DEP Necessarily Has Broad Discretion, ERISI-1765.
DOAH Final Order Reducing Penalties Assessed By More Than 50% of the Statutory Schedule Affirmed, ERISI-1766.
Penalty —
Adequacy of Is the Exclusive Domain of DEP, ERISI-1767.
DOAH Has No Authority Over, ERISI-1768.
Prosecuted Through a Filing Separate From the Permit Proceeding, ERISI-1769.
Everglades Protection Area (EPA) —
Phosphorous Criterion For Everglades Runoff —
Concentration Levels In Ambient Waters Instead of At Point of Discharge Are Mandated By Statute to Be Measured, ERISI-1770.
Criterion Are to Be Expressed As a Geometric Mean, ERISI-1771.
Criterion Need Not Replicate Background Phosphorous Levels, ERISI-1772.
DEP Must Assess Achievement of Criterion Differently In the Park & Refuge From the Remainder of the EPA, ERISI-1773.
Data From Extreme Events Are Not to Be Included In the Calculations, ERISI-1774.
Developed During a Decade-Long Process By the Everglades Technical Oversight Committee, ERISI-1775.
Long-Term Plan Is to Achieve the Numeric Phosphorous Criterion In the Entire EPA, ERISI-1776.
Net Improvement Modeling Provision Allows Discharges Into Impacted Areas Under Certain Circumstances, ERISI-1777.
Numeric Criterion Have Been Mandated By Statute, ERISI-1778.
Regulation Is to Be Watershed-Based & Is to Include Research & Monitoring, ERISI-1779.
Regulation of Total Maximum Daily Load Is An Integral Component of a Comprehensive Effort, ERISI-1780.
Final Order Pursuant to 373.076 Approving the Central & Southern Florida Indian River Lagoon Project Approved, ERISI-1781.
Florida Recreation Development Assistance Program —
Third Party Challenge to Amendment to Grant Agreement Dismissed, ERISI-1782.
Hazardous Waste —
Contained Out Determination For Contaminated Debris, ERISI-1783.
Jurisdiction —
Dredge & Fill —
Jurisdictional Determination — Connection of Lake to Waters of the State Via a Culvert, ERISI-1784.
Jurisdictional Determination — DEP Has the Burden of Proof By a Preponderance of the Evidence, ERISI-1785.
Environmental Impacts Only Will Be Considered, ERISI-1786.
Marina Expansion — As Built Facility Must Be Evaluated As of Time of Hearing De Novo, ERISI-1787.
Marina Expansion — Manatees Not Adequately Protected By Speed Zones Alone, ERISI-1788.
Marina Expansion — Permitting Thresholds Examined, ERISI-1789.
None Over Upland Development, ERISI-1790.
None to Consider Applicability of Federal Statutes, ERISI-1791.
None to Consider Boundaries of the Intracoastal Waterway, ERISI-1792.
None to Consider Compliance With Local Comprehensive Plan, ERISI-1793.
None to Consider Compliance With Local Land Use Restrictions, ERISI-1794.
None to Consider Compliance With Local Ordinances, ERISI-1795.
None to Consider Compliance With the Public Records Act, ERISI-1796.
None to Consider Nonenvironmental Impacts, ERISI-1797.
None to Exempt a Structure From the Fla. Building Code, ERISI-1798.
None to Require Connection to Centralized Sewer System, ERISI-1799.
None to Resolve Property Disputes or Ownership Rights, ERISI-1800.
Police Power to Protect Fish & Wildlife Is Broad, ERISI-1801.
Voluntary Dismissal By Third Party Does Not Divest DEP Jurisdiction, ERISI-1802.
License —
Water & Wastewater Treatment Plant Operator —
Failure to Submit Operation Reports & Maintain Logbooks, ERISI-1803.
Marine Patrol —
Constitutional Net Limitation —
Citation For Violation of Dismissed On Basis of Ineffective Counsel’s Failure to Assail Venue, ERISI-1804.
Entangling Nets Are Illegal, ERISI-1805.
Motion For Clarification Granted, ERISI-1806.
Motion For Reconsideration Denied, ERISI-1807.
Notice of Violation/Order For Corrective Action —
Automobile Recycling Junkyard — Failure to Properly Document Disposal of Hazardous Waste, Oil & Gasoline, ERISI-1808.
Burden of Proof — Dept. — Clear & Convincing Evidence, ERISI-1809.
Burden of Proof — Dept. — Preponderance of the Evidence, ERISI-1810.
C & D Landfill — Failure to Provide Financial Assurance — Failure to Provide Groundwater Monitoring — Odors — Failure to Control Access, ERISI-1811.
Coastal Construction Control Line — Residence — Unauthorized Clearing & Destruction of Dunes & Native Vegetation, ERISI-1812.
Corrective Action — DOAH Rejects DEP Demands In a Final Order, ERISI-1813.
Corrective Action Vis. Fine Discussed, ERISI-1814.
Costs — Salary of DEP Employees, ERISI-1815.
Deposit of Fill Within State Waters Without a Permit — Septic Tank, ERISI-1816.
Discharge of Automotive Fluids Into Soils At Auto Salvage Yard, ERISI-1817.
Dredge & Fill Without Permit —
Retention Wall Around Lake — Fish Camp, ERISI-1818.
Residential Modular Home On Fill Pad, ERISI-1819.
Wetlands Contiguous to the Withlocoolee River, ERISI-1820.
Dredge & Fill Without Permit, ERISI-1821.
Dry Cleaning Business —
Failure to Keep Hazardous Materials In Secondary Containment, ERISI-1822.
Failure to Seal Flooring Between Hazardous Materials & Secondary Containment, ERISI-1823.
Unpermitted & Unauthorized Disposal of Solid Waste, ERISI-1824.
Failure to Cleanup Petroleum Product Discharge —
DEP Found Required to Perform Analytical Testing If Liability Is Denied, ERISI-1825.
Implications of Insurance Policy Requirements & Coverage, ERISI-1826.
Investigatory Costs — DEP —
Found Not Fully Recoverable Due to Redundancy & Other Problems, ERISI-1827.
Found Not Recoverable Due to Failure to Properly Plead In the Complaint, ERISI-1828.
Recoverable Costs Examined, ERISI-1829.
Joint & Several Liability For Damages Found, ERISI-1830.
Land Clearing Debris Facility — No Stormwater Management — Open Burning — No Spotter, ERISI-1831.
Litigation With An Insurance Carrier Is Not a Basis For Delaying An Enforcement Action, ERISI-1832.
Mitigating Factors —
Lack of Financial Resources Does Not Constitute, ERISI-1833.
Prompt Corrective Action, ERISI-1834.
Penalty —
Delay or Ambiguity In Notification of a Violation Constitutes a Basis For Mitigation, ERISI-1835.
DOAH Final Order Reducing Penalties Assessed By More Than 50% of the Statutory Schedule Affirmed, ERISI-1836.
Fine — Mitigation of Found Not Warranted, ERISI-1837.
Good Faith Effort to Comply Constitutes a Basis For Mitigation, ERISI-1838.
Lack of Financial Resources Does Not Constitute a Basis For Mitigation, ERISI-1839.
Mitigation of, ERISI-1840.
Reduction In Found Not Warranted, ERISI-1841.
Stacking of, ERISI-1842.
Petroleum Storage Facility, ERISI-1843.
Pollution of Soils & Groundwater —
Failure to Submit a Site Assessment Report, ERISI-1844.
Joint & Severable Liability of Multiple Polluters Exhaustively Explored, ERISI-1845.
Strict Liability Imposed Regardless of Fault, ERISI-1846.
Vicarious Liability of Business Owner For Acts of Agents, ERISI-1847.
Statutorily-Prescribed Penalties & Mitigation of Discussed, ERISI-1848.
Wastewater Treatment Plant — Domestic — Failure to Timely Apply For Renewal of Operating Permit, ERISI-1849.
Permit (See Also PERMITS) —
Authorization to Remove the Manchester Lock, ERISI-1850.
Coastal Construction Control Line (See Also PERMITS) —
Condominium — Nine (9) Story — Replacement Structure — DEP Grant of Permit Reversed, ERISI-1851.
Established County-By-County — Comprehensive Engineering Studies Based On 100 Yrs. Storms, Etc., ERISI-1852.
Interplay Between State & County Regulations, ERISI-1853.
Local Governments Can Regulate Activities Seaward of, ERISI-1854.
Repair or Rebuilding Within the Confines of the Original Foundation Found Lacking, ERISI-1855.
Third Party Petition Dismissed For Lack of Standing (See Also PERMITS, Third Party Intervenors), ERISI-1856.
Construction —
Air — Cement Kiln — Sierra Club Third Party Petition Dismissed For Lack of Standing, ERISI-1857.
Dredge & Fill (See Also PERMITS) —
Beach Renourishment — Legislature Has Declared These Projects to Be In the Public Interest, ERISI-1858.
Channel — Maintenance Dredging — DEP Denial of Third Party Challenge to Permit Denial Affirmed, ERISI-1859.
House Pad, ERISI-1860.
General —
Dock — Residential — Third Party Challenge Rejected — Affirmed, ERISI-1861.
Dredging of a Canal For a Housepad Dept. — Denial of Default Permit Reversed, ERISI-1862.
Noticed General Permit Discussed, ERISI-1863.
Petition For Hearing (See Also PRACTICE & PROCEDURE, Formal Hearing (120.57(1)) —
Failure to Timely File, ERISI-1864.
Found to Be Deficient, ERISI-1865.
Standing Found Lacking, ERISI-1866.
Petroleum Product Cleanup —
Early Detection Incentive (EDI) Program —
Gasoline Station, ERISI-1867.
Notification Application Found Deficient, ERISI-1868.
Failure to Cleanup Discharges (See Notice of Violation/Order For Corrective Action), ERISI-1869.
Florida Pollution Liability Insurance & Restoration Program (FPLIRP) —
Applicant Has the Burden of Proof, ERISI-1870.
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-1871.
Discharge While Private Insurance Was In Effect Reported After Expiration of Policy — DEP Denial of Reimbursement Reversed, ERISI-1872.
Failure to Maintain Requisite Insurance Coverage On the Reporting Date, ERISI-1873.
New Owners of Gasoline Station, ERISI-1874.
Inland Protection Trust Fund —
History of Program Examined, ERISI-1875.
Purpose of This Program Examined, ERISI-1876.
Rule Expanding Notice Requirements When There Is a Temporary Expansion of the Point of Compliance to Tenants Declared Invalid, ERISI-1877.
Statutory History Behind Examined, ERISI-1878.
Innocent Victim Petroleum Storage System Restoration Program —
Eligibility Found Lacking Due to Failure to Acquire Ownership Prior to 7/1/90, ERISI-1879.
Petroleum Cleanup Participation Program (PCPP) —
Applicant Has the Burden of Proof By a Preponderance of the Evidence, ERISI-1880.
New Owners of Gasoline Station, ERISI-1881.
Notification Application Found to Be Insufficient — Reversed, ERISI-1882.
Untimely Contamination Report Found to Result In Ineligibility, ERISI-1883.
Rebate For Installation of Solar Hot Water Heater —
Rebate Approved After Initial Denial of Application As Untimely, ERISI-1884.
Rebate Denied Due to Untimely Application, ERISI-1885.
Rule Variance —
Rule Variance or Waiver —
Classification of Certain Recycled Wastewater Treatment Sludge As a Solid Waste — Granted, ERISI-1886.
Construction of Residence On Nonconforming Stem Wall Instead of Pilings Below 100 Yr. Wave Crest, ERISI-1887.
Discharge Into Class G-II Ground Water, ERISI-1888.
Dredge & Fill —
Maintenance Dredging — Channel — Mixing Zone — Granted, ERISI-1889.
Prohibition On Grant of For Class II Shellfish Harvesting Areas — Granted, ERISI-1890.
Shellfish Harvesting Area, ERISI-1891.
Emergency —
Dewatering That May Exceed Iron — a Secondary Drinking Water Standard, ERISI-1892.
Discharge of Dewatering Effluent During Road Construction Project — Granted, ERISI-1893.
Environmental Resource Permit — Conditions For Issuance In the Geographic Jurisdiction of the So. Fla. Water Management Dist., ERISI-1894.
Experimental Use of Wetlands — Papermill Pipeline — Denied, ERISI-1895.
Experimental Wetlands Project — Restricted Public Access — Granted, ERISI-1896.
Florida Recreation Development Assistance Program — Deficiency Period Requirement — Denied, ERISI-1897.
Hazardous Waste Storage Time Limits — Granted, ERISI-1898.
Injection Control Well — Underground — Limitation On Operational Testing — Granted, ERISI-1899.
Injection Control Well — Underground — Reduction In Application Fees For Numerous Phosphate Mining Wells — Granted, ERISI-1900.
Mercury Reclamation & Recovery Facility — Required Effective Reclamation Rate — Granted, ERISI-1901.
Mine Reclamation Activities — Time Frame — Granted, ERISI-1902.
Parks & Recreation — Recreational Trails Grant Program — Land Dedication Requirements, ERISI-1903.
Petroleum Storage Tank — Underground — Within Wellhead Protection Area — Granted, ERISI-1904.
Phosphygypsum Stack — Ground Water Standards/Monitoring/Drinking Water/Contaminant/Closure/Financial Responsibility Requirements — Denied, ERISI-1905.
Prohibition of Zone of Discharge Through Injection Wells — Denied, ERISI-1906.
Prohibition On Zone of Discharge Through Injection Wells — Granted, ERISI-1907.
Public Drinking Water System — Arsenic Concentrations — Granted, ERISI-1908.
Public Drinking Water System — Arsenic Concentrations, ERISI-1909.
Public Drinking Water System — Primary & Secondary Drinking Water Standards — Petition Withdrawn — Emergency Final Order Grants Relief, ERISI-1910.
Public Drinking Water System — Prohibition On Construction of Injection Control Well Within 500′ Radial Setback, ERISI-1911.
Public Drinking Water System — Requirement That Pump Be Located Three (3) Feet Above 100 Year Floodplain Granted, ERISI-1912.
Public Drinking Water System — Secondary Maximum Contaminant Level For Drinking Water — Granted, ERISI-1913.
Public Drinking Water System — Secondary Maximum Contaminant Level — Granted, ERISI-1914.
Reclaimed Water — Public Access Quality — Requirement For Continuous On-Line Monitoring For Turbidity — Granted, ERISI-1915.
Reclaimed Water Reuse — Continuous On-Line Monitoring Requirement, ERISI-1916.
Requirement That Piping Transporting Regulated Substances Constructed After 6/30/92 That Is In Contact With Soil Have Secondary Containment — Denied, ERISI-1917.
Requirement That Piping Transporting Regulated Substances Constructed After 6/30/92 That Is In Contact With Soil Have Secondary Containment — Granted, ERISI-1918.
Requirement That Waste Processing Facilities Be Designed With a Leachate Control System — Granted, ERISI-1919.
Setback Requirement For Hazardous Waste Transfer Facilities From Residences — Granted, ERISI-1920.
Setback Requirement For Rapid Infiltration Basins, ERISI-1921.
State Revolving Fund Grant — Limit to One — Granted, ERISI-1922.
Storage of Ash Residue From Resource Recovery Facility In An Interim Ash Storage & Load Out Area, ERISI-1923.
Untimely Petition For, ERISI-1924.
Wastewater Treatment Plant — Effluent Disposal — Monitoring Wells — Dissolved Solids/Sodium/Chloride & Magnesium, ERISI-1925.
Wastewater Treatment Plant — Operator Staffing Requirements — Granted, ERISI-1926.
Wastewater Treatment Plant — Secondary Maximum Contaminant Level For Sulfate — Granted, ERISI-1927.
Wastewater Treatment Plant — Staffing Requirements — Granted, ERISI-1928.
Wastewater Treatment Plants — Reclaimed Water — Continuous Online Monitoring For Turbity — Granted, ERISI-1929.
Wastewater Treatment Plants — Requirement For Lead/Chief Operator Every Day — Granted, ERISI-1930.
Water Plant Operator — Renewal Requirements After Expiration of License — Petition Withdrawn, ERISI-1931.
Water Treatment Plant — Requirement That License Class of Lead or Chief Operator Be At or Above the Plant, ERISI-1932.
Rulemaking Petition — 120.54(5) Petition to Initiate —
Regulation of Paint & Paint-Related Wastes As Universal Wastes — Denied, ERISI-1933.
Standing Requirements, ERISI-1934.
Rules —
Failure (DEP) to Properly Adopt Rules Regulating Concentrated Animal Feeding Operators (Dairies), ERISI-1935.
Solar Energy Incentives Program —
Denial of Application As Untimely Upheld, ERISI-1936.
Third Party Intervenors (See Also PERMITS, Third Party Intervenors) —
Petition Dismissed As Deficient, ERISI-1937.
Upper Ocklawaha River Basin Management Plan Approved, ERISI-1938.
Water Bodies —
Minimum Flows & Levels Must Be Established By Rule, ERISI-1939.
Water Pollution —
376.30-.319 Private Suits For Damages —
Shall Be Liberally Construed, ERISI-1940.
Supreme Court Finds That Strict Liability For Pollution Is Imposed, ERISI-1941.
Supreme Court Finds That a New Cause of Action Is Created – Cumulative to Common Law, ERISI-1942.
Circuit Court Injunction Requiring DEP to Regulate Concentrated Animal Feeding Operations (Dairies), ERISI-1943.
Commercial Fishermen Found Not to Have a Private Cause of Action For Business Damages Against the Polluter, ERISI-1944.
Ownership or Possessory Interest In Property Damaged By Is Requisite to a 376.313(3) Private Cause of Action, ERISI-1945.
Water Quality —
Certification — Marina — Repair & Expansion, ERISI-1946.
Exemption Denied — Injection Well, ERISI-1947.
Exemption From Secondary Drinking Water Standards — Cedar Key — Granted, ERISI-1948.
Exemption From Secondary Drinking Water Standards For Color, Odor & Iron, ERISI-1949.
Exemption Granted — Myakahatchee Creek Water Treatment Plant, ERISI-1950.
Water Quality Exemption —
Western Hillsboro Aquifer Storage & Recovery Project — Granted, ERISI-1951.
Bond Issue Secured By Ad Valorem Taxes —
Referendum Found Not Required, ERISI-1952.
Code Enforcement Bd. —
County Undertakes Correction Action — Clearing & Filling Land Without a Permit – Stormwater Issues —
Circuit Court Denies Inverse Condemnation Claim, ERISI-1953.
County Court Upholds Violation of the Noise Ordinance & the Ordinance As Well, ERISI-1954.
1998 Constitutional Amendment That Created the Comm. & Abolished the Game & Freshwater Fish Comm. & Marine Fisheries Comm. Examined, ERISI-1955.
42 U.S.C. 1983 Civil Rights Action Against Comm. For Arrest of Commercial Fisherman For Using An Apparently Illegal Net —
Circuit Court Dismissal of Suit Affirmed On Basis That the Officer Had Probable Cause For His Actions, ERISI-1956.
A Constitutional Entity — Is Not An “Agency” — 120 Is Inapplicable When the Comm. Acts Pursuant to Constitutional Authority, ERISI-1957.
Circuit Court Affirmance of Citation For Fishing With An Illegal Net —
Correct Methodology For Measuring a Net Examined — Reversed & Remanded, ERISI-1958.
Circuit Court Affirmance of County Court Order Holding Lobster Size Restrictions Unconstitutional Reversed, ERISI-1959.
Circuit Court Affirms Conviction For Unlawful Purchase of Saltwater Products From An Unlicensed Person —
Employees or Agents of Licensed Wholesale Dealers Are Not Immune, ERISI-1960.
Circuit Court Constitutional Challenge to Comm. Rules Regarding Entangling Nets & Allowable Gear For Mullet Affirmed, ERISI-1961.
Circuit Court Declaratory Judgment Holding That Rules Pertaining to Net Ban Initiative Were Invalid Reversed For Failure to Exhaust Administrative Remedies, ERISI-1962.
Circuit Court Declaratory Judgment Upholding Lee County Manatee Protection Speed Zone Affirmed, ERISI-1963.
Circuit Court Denies Emergency Temporary Injunction Against Enforcement of Rules Prohibiting Gill & Entangling Nets, ERISI-1964.
Constitutional Challenge to 20.331(6)(c)(1) —
Provision Found Unconstitutional By the Supreme Court, ERISI-1965.
Constitutional Nature of Commission Powers Examined, ERISI-1966.
Constitutional Prohibition On Gill or Entangling Nets Examined, ERISI-1967.
County Court Declaration That 370.093(2)(b) Prohibition On Gill or Entangling Nets Was Unconstitutional —
Statute Found Not to Be Vague, ERISI-1968.
Statute Found to Be Constitutional — County Court Reversed, ERISI-1969.
County Court Denial of Motion to Dismiss Citation For Maintaining Wildlife In An Unsafe Manner Affirmed, ERISI-1970.
Declaratory Statements (See DECLARATORY STATEMENTS)
Delegation of Final Order Authority to Executive Director —
Comm. Delegation of Complete Decision-Making Authority to Its Executive Director Found Unlawful, ERISI-1971.
Comm. Responsibility to Review Local Decisions Regarding Boating Safety Examined, ERISI-1972.
Endangered or Threatened Species —
Applicability of APA to Comm. Rulemaking Procedures, ERISI-1973.
Jurisdiction (See Also Rulemaking Authority) —
Constitutional Nature of Examined, ERISI-1974.
Maximum Mesh Size Discussed, ERISI-1975.
Nearshore & Inshore Waters Defined & Discussed, ERISI-1976.
None to Reach Constitutional Questions, ERISI-1977.
None Over Threatened & Endangered Species, ERISI-1978.
Regulatory & Executive Powers Over Native Wildlife, ERISI-1979.
Twine Size & Composition Discussed — Legal Restrictions Surveyed, ERISI-1980.
License — Commercial Fishing —
Illegal Gill Net Fishing — Fine & Suspension Affirmed, ERISI-1981.
Local Governmental Regulatory Authority —
Cooperative Jurisdictional Arrangement Would Be Possible, ERISI-1982.
May Prohibit But May Not Regulate Fishing From Local Governmentally-Owned Property, ERISI-1983.
Net Ban Constitutional Initiative —
Comm. Cannot Reach Constitutional Questions, ERISI-1984.
Fishing Has Been Held Not to Be a Fundamental Right, ERISI-1985.
Gill/Entangling & Seine Nets Defined, Discussed & Distinguished, ERISI-1986.
Permit (See Also PERMITS) —
Emergency Restriction — To Possess, Exhibit or Sell Class I & II Capture — Cougar Bites Child, ERISI-1987.
Escape of Serval Cat Found to Be a Strict Liability Violation, ERISI-1988.
Gopher Tortoise Relocation —
Third Party Challenge Dismissed As Untimely & For Lack of Standing, ERISI-1989.
Placement of Regulatory Markers On Water In and Around Naples Bay, ERISI-1990.
Possession of Venomous Reptiles —
Failure to Provide Proof of Experience — Denied, ERISI-1991.
Possession of Wildlife For Exhibition or Resale —
Failure to Comply With County Ordinance — Denied, ERISI-1992.
Regulatory Markers —
Comm. Cannot Preempt Local Regulation of Vessels, ERISI-1993.
Comm. Has Substantive Jurisdiction Over Waterway Markers, ERISI-1994.
Comm. Promotes Safe Boating, ERISI-1995.
Waterway Marker — Slow Speed Zone — Naples Bay —
Comm. Delegation of Decision to Executive Director Who Only Examined Where the Markers Were Placed Set Aside, ERISI-1996.
Rule Variance Or Waiver —
Brevard County Motorboat Manatee Protection Speed Zones — Denied, 03:047.)
Manatee Protection Boat Speed Zone —
Brevard County — Commercial Assistance Towing — Granted, ERISI-1997.
Brevard County — Granted, ERISI-1998.
Collier County Airboats — Granted, ERISI-1999.
Manatee Protection Speed Zone In Broward County — Nighttime Ski Show — Emergency Rule Waiver Denied, ERISI-2000.
Manatee Protection Speed Zone In Dade County —
High Speed Movie Chase Scene — Emergency Rule Waiver Denied, ERISI-2001.
High Speed Movie Chase Scene — Emergency Rule Waiver Granted, ERISI-2002.
Television Show — Emergency Temporary Variance Granted, ERISI-2003.
Manatee Protection Speed Zones In Brevard County, ERISI-2004.
Not Available For Rules Promulgated Pursuant to Constitutional Authority, ERISI-2005.
Petition Dismissed As Deficient, ERISI-2006.
Prohibition On Commercial Harvest of Ballyhoo With Lampara Net During August — Petition Dismissed, ERISI-2007.
Requirement That a Person Convicted of a Boating Infraction Resulting In An Accident or Criminal Charges Complete a Safe Boating Course — Granted, ERISI-2008.
Rulemaking Authority (See Also Jurisdiction) —
Constitutional Basis of — Rules Are Not Subject to APA Review, ERISI-2009.
Feral & Free Range Domestic Cat — Impacts On Native Wildlife Policy, ERISI-2010.
Authority to Require Connection to Central Sewer System, ERISI-2011.
Sewer Revenue Bonds Validated — Affirmed, ERISI-2012.
Statutory Mandates Examined, ERISI-2013.
Permit —
Aerobic Sewage Treatment Unit —
Operating Without, ERISI-2014.
Circuit Court Denial of City Eminent Domain Action — City Motion to Dismiss Landowner’s Amended Counterclaim Affirmed, ERISI-2015.
Code Enforcement —
Criminal Citation For Rubbish & Vehicle Storage On Residential Premises —
Judgment & Sentence Reversed For Lack of Proof, ERISI-2016.
Housing Code Violations Affirmed, ERISI-2017.
Eminent Domain Action —
Circuit Court Denial of City Eminent Domain Action — City Motion to Dismiss Landowner’s Amended Counter-Claim Affirmed, ERISI-2018.
Defendant’s Motion For Summary Judgment Denied, ERISI-2019.
Park On Land Zoned For Intensive Development — Reasonable Necessity For Found Lacking, ERISI-2020.
Historic Preservation Bd. —
Circuit Court Denies Petition For Writ of Mandamus — City Refusal to Process Application —
Circuit Court Order Quashed With Directions to Quash the Writ, ERISI-2021.
On Motion For Rehearing: BMS Enterprises, LLC, et al. v. Ft. Lauderdale, et al., ERISI-2022.
Permit (See Also PERMITS) —
Residential — Multi-Family — Setback Reductions —
Circuit Court Affirms City Denial of Permit, ERISI-2023.
Self-Storage Facility — Denial — Circuit Court Affirms —
Circuit Court Orders Quashed, ERISI-2024.
Site Plan Approval For Redevelopment Project Denied —
Circuit Court Dismissal of Complaint Affirmed & Reversed In Part, ERISI-2025.
Site Plan Approval For Residential Highrise Denied —
Circuit Court Affirmance Affirmed, ERISI-2026.
Circuit Court Approval of Alternative Site Plan For Redevelopment Project Affirmed, ERISI-2027.
Site Plan Approval For Residential Highrise Granted After Settlement —
Circuit Court Dismissal of Third Party Challenge Reversed & Remanded, ERISI-2028.
Zoning —
Self-Storage Facility Found Permitted As a Principal Use —
Circuit Court Order Quashed, ERISI-2029.
Circuit Court Reversal In Part of City Approval of a PUD For a Multi-Use Project Quashed In Part, ERISI-2030.
Circuit Court Quashed Bd. of Adjustment First Stage Veto of Conceptual Site Plan For a Private School, ERISI-2031.
Circuit Court Refusal to Validate Stormwater Utility Bonds Reversed By Supreme Court, ERISI-2032.
Moratorium On Issuance of Development Permits In Industrially Zoned Areas — Circuit Court Temporary Injunction Against Enforcement Against Previously Approved Applicant Affirmed In Part/Addressing of Bond Requirement Ordered, ERISI-2033.
Circuit Court Affirms Permit to Construct a 42 Story Condo, ERISI-2034.
City Grant of Variance to Lot Size Requirements Assailed By Third Party —
Circuit Court Quashes Resolution, ERISI-2035.
Code Enforcement Bd. Imposition of Fines & Fees For Driveway Consisting of Wood Chips —
Circuit Court Quashes Order Due to Procedural Due Process Violations, ERISI-2036.
Circuit Court Denial of Attorney’s Fees In Successful Third Party Challenge to Voluntary Annexations Reversed, ERISI-2037.
Circuit Court Dismissal of Third Party Challenge to Residential Destruction of Wetlands Without a Permit Reversed, ERISI-2038.