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Fort Walton Beach Council agenda — 05-22-2007 regular agenda — reading text
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Petitioners
that the Division of Administrative Hearings ( DOAH) and DEP do
not have the authority to award. An award of " restitution" is
not available in this proceeding; DOAH and DEP have no authority
to award money damages. However, issues related to off- site
flooding allegedly caused by the permitted project appear to be
within the scope of DEP' s review of the permit and, therefore,
this proceeding could conceivably result in additional permit
conditions on those issues. See,~, Fla. Admin. Code R. 62-
600, 62- 610. 400(1), 62- 610. 414, 62- 610. 417, 62- 620. 610 through
62- 620. 630, 62- 640. Because there appear to be disputed issues
of material fact regarding those issues, it would be
inappropriate to relinquish jurisdiction to DEP at this stage of
the proceeding.
The motion also seeks an award of attorney' s fees and costs
under Section 120. 595, Florida Statutes. Subsection ( 1) of that
statute authorizes an award of attorney' s fees and costs against
the nonprevailing party if it is determined that the party
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participated in the proceeding for an " improper purpose. It is
premature to make such a determination in this case. However,
Petitioners should familiarize themselves with Section
120. 595( 1), Florida Statutes, and be aware of the potential for
an award of attorney' s fees and costs against them in this
proceeding.
Based upon the foregoing, it is
ORDERED that the request for restitution is stricken from
the " amended petitionH because DOAH and DEP have no authority to
award such relief; ruling on the request for attorney' s fees and
costs under Section 120. 595( 1), Florida Statutes, is deferred to
the Recommended Order; and all other relief requested in the
motion is denied.
DONE AND ORDERED this 16th day of May, 2007, in
Tallahassee, Leon County, Florida.
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T. KENT WETHERELL, II
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399- 3060
850) 488- 9675 SUNCOM 278- 9675
Fax Filing ( 850) 921- 6847
www. doah. state. fl. us
Filed with the Clerk of the
Division of Administrative Hearings
this 16th day of May, 2007.
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COPIES FURNISHED:
Adam Grant Schwartz, Esquire
Department of Environmental Protection
3900 Commonwealth Boulevard
Mail Station 35
Tallahassee, Florida 32399
Robert O' Daniels
Mary O' Daniels
125 West Roberts Road
Defuniak Springs, Florida 32433
Toni L. Craig, Attorney at Law
Toni L. Craig
Attorney at Law
244 Racetrack Road Northeast
Fort Walton Beach, Florida 32547- 1866
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