notebook - Southwest Florida Water Management District

notebook - Southwest Florida Water Management District



4509, Enforcement Cases in Active Litigation, above.

As part of the ongoing administrative proceedings, on January 18,

2012, the District requested from the Florida Department of

Agriculture and Consumer Services (FDACS) a binding

determination as to whether the activities on the Property were

exempt from environmental resource permitting requirements

pursuant to the agricultural exemption provided in Section

373.406(2), F.S. On March 22, 2012, FDACS issued its binding

determination, finding that the activities conducted on the Property

were not exempt from permitting requirements. Owner indicated

that he intended to challenge FDACS’ binding determination.

Because the District requested the binding determination from

FDACS and because the outcome of any such proceedings have

the potential to impact the District’s underlying lawsuit against

Owner, intervention in any challenge to the binding determination

would be necessary to preserve the District’s interests. On April 24,

2012, the District Governing Board authorized intervention in any

proceeding initiated by Owner or any other appropriate parties

against FDACS with respect to the March 22, 2012 binding


On April 12, 2012, Owner filed a Petition for Formal Administrative

Hearing with FDACS, challenging the binding determination. On

April 19, 2012, FDACS referred the matter to the Division of

Administrative Hearings to conduct a formal hearing. On April 23,

2012, the ALJ issued an Initial Order. On May 2, 2012, the District

filed its Petition for Leave to Intervene in the proceeding.

On May 21, 2012, an Order Granting Petition to Intervene was

entered. On June 5, 2012, the District served its first request for

production of documents and interrogatories on Geraci. Geraci has

yet to file his responses to the District’s first request for production

of documents and interrogatories. The final hearing is currently

scheduled for August 28 and 29, 2012. The District and Geraci

have continued to pursue settlement of the District matter (see

above). On July 13, 2012, Geraci signed a proposed consent order

for resolution of the District matter. Accordingly, on August 1, 2012,

a Joint Motion for Continuance pending approval of the consent

order was filed in the FDACS matter. On August 2, the ALJ

cancelled the DOAH hearing. A proposed consent order in

resolution of the District matter was approved by the Governing

Board on August 28, 2012. On August 31, 2012, the District filed a

joint status report as to this matter and the related FDACS matter.

On September 5, 2012, the District filed a Joint Motion to

Abate. On September 13, 2012, this matter was abated. A


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