CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 37 I.E.R. Cas. (BNA) 660, 2014 WL 23737, 2014 U.S. App. LEXIS 14
...The District’s budget is subject to approval by the Governor. See
id. §
373.536(5)(a). The Florida Land and Water Adjudicatory Commission,
comprised of the Governor and his Cabinet, “[has] the exclusive authority to
review any order or rule of a water management district.” Id. §
373.114(1)....
CopyCited 7 times | Published | Florida 4th District Court of Appeal
...Currently, a small fishing camp is to be found at that location. We affirm the Commission's Final Order and in so doing reproduce it, in its entirety, except for attachments, as follows: FINAL ORDER "This appeal came before the Land and Water Adjudicatory Commission (Commission) pursuant to Section 373.114, Florida Statutes, on April 1, 1986, in Tallahassee, Florida, for review of Surface Water Management Permit No....
..."In 1978, the District paid $225,000.00 for a flowage easement allowing the District to raise the level of Lake Okeechobee to 19.5 feet. CONCLUSIONS OF LAW "(1) The Commission has jurisdiction over the subject matter of these proceedings *1290 pursuant to Section 373.114(1)(a), F.S. Audubon is an affected person and Surface Water Management Permit No. 50-01420-S issued by the District has statewide or regional significance. "(2) Section 373.114(c), F.S., provides: "If the Land and Water Adjudicatory Commission determines that a rule or order is not consistent with the provisions and purposes of this chapter, it may, in the case of a rule, require the water management distric...
...However, there are two aspects of it that merit discussion; namely the bare conclusions of law set forth therein that (1) the rescinded permit had "regional significance" and (2) that the Florida Audubon Society and the Audubon Society of the Everglades had standing as "affected person(s)." Section 373.114, Florida Statutes (1985) provides that the Land and Water Adjudicatory Commission can review the actions of any water management district if they are of "regional significance" and if requested to do so by "any affected person." The s...
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 13 Fla. L. Weekly 1608, 1988 Fla. App. LEXIS 2911, 1988 WL 68502
...The District ignored his withdrawal and rendered a final order adopting the hearing officer's recommended order. This is the order being appealed in this case. However, Middlebrooks did file an appeal with the Florida Land and Water Adjudicatory Commission pursuant to section 373.114, Florida Statutes, which postponed the effectiveness of the District's order and postponed the appeal time to this court....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...). DEP maintains general supervisory authority over the water management districts. See §
373.026(7), Fla.Stat. (1995). DEP also has the exclusive authority to review the rules of the districts to ensure consistency with the Water Policy Rules. See §
373.114(2), Fla.Stat....
...a single criteria does not necessarily preclude issuance of a permit." The ALJ further found that under the District's rule, the failure to satisfy any one of the criteria "apparently results in the denial of a permit." As we have previously noted, section 373.114(2), Florida Statutes (1995), gives DEP "the exclusive authority to review rules of the water management districts... to ensure consistency with the state water policy." (Emphasis added.) Subsection (2)(a) of section 373.114 states that after the adoption of a water management district rule, an affected party may request a hearing before the secretary of DEP to determine the consistency of the rule with the Water Policy Rules....
...olicy is not properly resolved under sections
120.54 or
120.56 and does not provide a basis for invalidating an existing or proposed rule. DEP has primary authority to review water management district's rules for consistency with State Water Policy. Section
373.114(2) provides a specified procedure for affected persons to challenge the consistency of a rule with the State Water Policy....
CopyCited 3 times | Published | Florida 5th District Court of Appeal
...rmit by the St. Johns River Water Management District. In his notice of appeal, Griffin stated that he was also requesting review of the permit denial by the Governor and the Cabinet sitting as the Land and Water Adjudicatory Commission, pursuant to section
373.114, Florida Statutes (1979); and further, that he would seek review of the agency action in the circuit court, pursuant to section
373.617, Florida Statutes (1979)....
...ion. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules based on competent substantial evidence shall proceed in accordance with Chapter 120. (Emphasis supplied). Further, section 373.114 provides: The Governor and cabinet, sitting as the Land and Water Adjudicatory Commission, shall have the exclusive power by a vote of four of the members to review, and may rescind or modify, any rule or order of a water management d...
...r section
373.617(2). The balance of the issues sought to be appealed pursuant to chapter 120 would now be appropriate for review by this Court, had appellant not sought discretionary review by the Land and Water Adjudicatory Commission, pursuant to section
373.114....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 11 Fla. L. Weekly 595, 1986 Fla. App. LEXIS 6754
...The governor and cabinet, sitting as the Land and Water Adjudicatory Commission, have authority to review any order or rule of a water management district, other than a rule relating to an internal procedure of a district, to ensure consistency with the provisions and purposes of the Florida Water Resources Act. See § 373.114, Fla....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2015 Fla. App. LEXIS 9751, 2015 WL 3930045
...This petition for writ of mandamus seeks to compel the Florida Land and Water Adjudicatory Commission (“Commission”) to exercise its authority to review an order of a water management district under Chapter 373, Florida Statutes. We grant the petition. In pertinent part, section 373.114(1), Florida Statutes, provides that “the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission, have the exclusive authority to review any order or rule of a water management district....” Section 373.114(1) provides that a request for review “shall be heard by the commission not more than 60 days after receipt of the request for review, unless waived by the parties.” In 2009, Putnam County Environmental Council (“Putnam County”) filed a request for review of the St....
...idered at the March 2013 meeting of the Commission, the request for review was not considered. Instead, the Commission Secretary, acting alone, declined review because the Secretary determined that the Commission was without jurisdiction pursuant to section 373.114....
...Auto. Ins. Co.,
634 So.2d 250, 251 (Fla. 2d DCA 1994))). Putnam County filed its request for review in 2009. The Commission Secretary issued an order on January 31, 2012, which found that Putnam County’s request for review was timely and sufficient. Section
373.114(1) provides that the request for review “shall be heard by the commission not more than 60 days after receipt of the request for review, unless waived by the parties.” Rule 42-2.0132(6), Florida Administrative Code, provides that...
CopyCited 2 times | Published | District Court, S.D. Florida | 2002 U.S. Dist. LEXIS 6933, 2002 WL 538055
...The Commission has authority to review any order or rule of the District. If they determine such order or rule to be inconsistent with chapter 373, Florida Statutes, they can require the District to initiate rulemaking proceedings to amend or repeal the challenged order or rule. FLA. STAT. § 373.114....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 1993 Fla. App. LEXIS 8650, 1993 WL 317075
...We review by appeal, pursuant to section
120.68, Florida Statutes (1991), a final order of the Florida Land and Water Adjudicatory Commission. The Commission, consisting of the Governor and Cabinet exercising their powers of appellate review pursuant to section
373.114, Florida Statutes (1991), affirmed the final order of the St....
...d should be excluded from the St. Johns River floodplain, as the District had done by recognizing the presence of the dike system as the pre-development condition of the property. DER gave the Commission its recommendation on this matter pursuant to section 373.114, Florida Statutes (1991)....
...t had not been made part of the record in this case, and these matters could not be considered as a basis for reversal because the Commission's power of review "is appellate in nature and shall be based on the record *1197 below," as specified in subsection 373.114(1)(b), Florida Statutes (1991)....
...that the permit should be rescinded or the case remanded for findings on the issue of consistency with the district's objective of resorting the upper basin of the St. Johns. As we state in footnote 3, above, our review is appellate in nature by virtue of Section 373.114,8 8 Section 373.114(1)(b), F.S....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 2179, 18 Envtl. L. Rep. (Envtl. Law Inst.) 20395, 1987 Fla. App. LEXIS 10129
...Currently, a small fishing camp is to be found at that location. We affirm the Commission’s Final Order and in so doing reproduce it, in its entirety, except for attachments, as follows: FINAL ORDER “This appeal came before the Land and Water Adjudicatory Commission (Commission) pursuant to Section 373.114, Florida Statutes, on April 1, 1986, in Tallahassee, Florida, for review of Surface Water Management Permit No....
...“In 1978, the District paid $225,000.00 for a flowage easement allowing the District to raise the level of Lake Okeechobee to 19.5 feet. CONCLUSIONS OF LAW “(1) The Commission has jurisdiction over the subject matter of these proceed *1290 ings pursuant to Section 373.114(l)(a), F.S. Audubon is an affected person and Surface Water Management Permit No. 50-01420-S issued by the District has statewide or regional significance. “(2) Section 373.114(c)^F.S., provides: “If the Land and Water Adjudicatory Commission determines that a rule or order is not consistent with the provisions and purposes of this chapter, it may, in the case of a rule, require the water management distri...
...However, there are two aspects of it that merit discussion; namely the bare conclusions of law set forth therein that (1) the rescinded permit had “regional significance” and (2) that the Florida Audubon Society and the Audubon Society of the Everglades had standing as “affected person(s).” Section 373.114, Florida Statutes (1985) provides that the Land and Water Adjudicatory Commission can review the actions of any water management district if they are of “regional significance” and if requested to do so by “any affected person....
CopyPublished | Court of Appeals for the Eleventh Circuit | 1991 WL 1379
...The Farm Interests have a legally pro-tectable right under the SWIM Act to participate and comment in the administrative development of the final SWIM Plan, and to pursue an administrative appeal. See Fla.Admin.Code § 17-43.035(2) (requiring public hearing in the preparation of the SWIM Act); Fla.Stat. § 373.114 (providing a right to administrative appeal which applies to the final SWIM Plan)....
CopyPublished | Florida 1st District Court of Appeal | 2014 WL 1665835, 2014 Fla. App. LEXIS 6138
...order that such designations be stricken and/or specifically limited to capture during wet weather flows.” The Commission Secretary, acting alone, declined review because the Secretary determined the Commission was without jurisdiction pursuant to section 373.114, Florida Statutes. The Secretary’s Procedural Error Section 373.114(1), Florida Statutes, requires the Commission (comprised of the Governor and Cabinet) to determine whether a request for review meets statu *768 tory jurisdictional grounds. § 373.114(1), (l)(a), Fla....
...ct natural resources of statewide or regional significance,” or (ii) if “the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from the standpoint of agency precedent.” § 373.114(l)(a), Fla....
...Given this scheme, this Court held a plan does not affect a party’s substantial interests. Id. at 1130-31 . Instead, it is the permitting that affects a party’s interests. Id. Similarly here, Appellant needed to show an “activity authorized by the order would substantially affect natural resources.” § 373.114(1)(a), Fla....
...Thus, the Secretary correctly concluded the Commission lacked jurisdiction under the first ground. Raises Issues of Policy On the second ground, the Commission may direct a district to initiate rulemaking if the “order raises issues of policy ... that have regional or statewide significance.” § 373.114(l)(c), Fla. Stat. Where the Commission finds this, it “may direct the district to initiate rulemaking to amend its rules to assure that future actions are consistent with the provisions and purposes of this chapter without modifying the order.” § 373.114(1)(c), Fla....
...Here, the Secretary did not address whether the order raised issues of significance. Instead, the Secretary declined jurisdiction because even if significant issues were raised, the Secretary claimed the Commission could not afford Appellant the remedy it sought: “the relief permitted under section 373.114(l)(c) is completely foreign to the statutory construct.” The Secretary and Appellee argue that because rulemaking was optional under the more recent and specific provision (373.709(5)), the general provision (373.114(l)(c)) must give way....
