notebook - Southwest Florida Water Management District

STYLE/CASE NO. COURT ATTORNEY ACTION DESCRIPTION/STATUS
10, 2009, Owner responded to the revised Consent Order by
submitting a report from a consultant opining that Owner is engaged
in the practice of silviculture on his Property and was therefore
exempt from permitting requirements. No direct response was
made with respect to the Consent Order. On May 26, 2010, staff
referred this matter to the Florida Department of Agriculture and
Consumer Services (FDACS) for a nonbinding opinion as to
whether the work done on the Property qualifies for the permitting
exemption provided in Section 373.406(2), Florida Statutes. On July
27, 2010, the District received FDACS’ opinion, which stated that
the activities on the Property did not qualify for the exemption. In a
last effort to resolve this matter, on August 10, 2010, District staff
reissued to Owner the revised Consent Order which proposed
penalties and costs in the amount of $178,499. Owner did not agree
to the Consent Order.
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On March 2, 2011, the District issued an Administrative Complaint
and Order which has been served on all necessary parties. Sheila
Geraci was served with the Administrative Complaint and Order on
March 17, 2011, and Peter Geraci was served on April 13, 2011.
On April 25, 2011, counsel on behalf of Sheila Geraci and Peter
Geraci filed a request for extension of time to file a Petition. While
the request for extension of time was timely with respect to Peter
Geraci, the request for extension of time was 25 days late with
respect to Sheila Geraci. The request for extension of time was
granted for Peter Geraci and denied for Sheila Geraci. The District
entered a Final Order of Dismissal as to Sheila Geraci on May 25,
2011. On May 19, 2011, Peter Geraci filed a timely Amended
Answer to the ACO and a request for formal administrative hearing.
The matter was referred to the Division of Administrative Hearings.
Pursuant to Sections 373.406 and 373.407, Florida Statutes, on
January 18, 2012 the District requested a Binding Determination
from FDACS in regards to whether the activities on the Property
were exempt from permitting requirements. A final hearing on this
matter was rescheduled to May 22-24, 2012, to allow time to
receive FDACS’ binding determination.
On March 22, 2012, FDACS rendered a binding determination that
the activities on the Property were not exempt from District
permitting requirements. On April 2, 2012, Geraci moved to stay
this matter while he considers challenging the FDACS
determination. The District objected to Geraci’s motion as
premature. At a telephonic motion hearing held on April 9, 2012, the
ALJ gave Geraci a deadline by which to inform the ALJ as to
Geraci’s response to the FDACS determination. On April 12, 2012,
Geraci filed a Petition For Formal Administrative Hearing with
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