JOSEPH N. MCDONOUGH, APPELLANT,
v.
DEPARTMENT OF NATURAL RESOURCES, APPELLEE
JOSEPH N. MCDONOUGH, APPELLANT,
DEPARTMENT OF NATURAL RESOURCES, APPELLEE
414 So. 2d 583
Florida District Court of Appeal, First District (1982)
Positive Treatment
Cited by 19 cases
Opinion of the Court
MILLS, Judge.
McDonough appeals from the Department of Natural Resources’s (DNR) imposition of a $5,000 civil penalty for his failure to comply with the conditions of permits allowing him to construct residences seaward of the coastal construction control line. We affirm.
The record reveals that McDonough had actual notice of the conditions he was to comply with. His failure to comply under these circumstances subjects him to the penalties provided for in § 161.054(1), Florida Statutes (1980 Supp.).
LARRY G. SMITH and SHAW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (19 total)
-
Gen. Tel. Co. OF Fla. v. Fla. Pub. Serv. Comm'n, 446 So. 2d 1063 (Fla. 1984)…nvince the PSC to waive or deviate from the rule simply on the basis of an exercise of PSC discretion, and such deviation would be proper as long as adequately explained. See § 120.68(12)(b), Fla.Stat. (1981); E.M. Watkins & Co. v. Board of Regents, 414 So. 2d 583, 588 (Fla. 1st DCA 1982), review denied, 421 So. 2d 67 (Fla.1982). We find these various safeguards are sufficient to ensure that the utility will have its income tax expense figure properly calculated in all instances, and we therefore dismiss appe…
-
Vill. Saloon, Inc. v. Division OF Alcoholic Beverages AND Tobacco, 463 So. 2d 278 (Fla. 1st DCA 1984)…al proceeding, it becomes apparent that material facts are in dispute, a formal hearing may be convened, and evidence adduced during the informal hearing may be made part of the record in the formal proceeding. E.M. Watkins’ Co. v. Board of Regents, 414 So. 2d 583 (Fla. 1st DCA 1982). See also United Telephone Co. of Florida v. Mann, 403 So. 2d 962, 967, n. 5 (Fla. 1981). In the instant cases, the Division did not afford appellants an informal hearing and did not fully inform appellants of all information be…
-
Dep't OF Natural Res. v. Wingfield Dev. Co., 581 So. 2d 193 (Fla. 1st DCA 1991)…an Banks, Inc. v. Division of Admin. Hearings, 412 So. 2d 373 (Fla. 1st DCA 1981). If agency rules contravene the statute, they must be rejected as an invalid exercise of delegated legislative authority. E.M. Watkins & Co., Inc. v. Board of Regents, 414 So. 2d 583 (Fla. 1st DCA 1982). For the foregoing reasons, Rule 16B-33.-002(56) and DNR’s requirement of “continuous construction” are rules that constitute invalid exercises of delegated legislative authority and the final order appealed is affirmed. We reco…
Previewing 3 of 19 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence