JAMES MARKS, APPELLANT,
v.
NORTHWEST FLORIDA WATER MANAGEMENT DISTRICT, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
James Marks appeals an administrative order from the Northwest Florida Water Management District requiring him to dewater a dam or obtain permits and make repairs due to unpermitted work and structural failures. The court affirms the order, finding it was properly issued as a corrective action order under Florida law and rejecting Marks's procedural challenges.
The court held that the challenged order is properly deemed a corrective action order under section 373.119, which by its terms need only be served upon the alleged violator, not necessarily the property owner. The court declined to take judicial notice of property records regarding ownership structure and found that Marks's failure to raise the ownership issue in the administrative proceeding precluded appellate review of that factual matter.
[1] An administrative order directing corrective action for an unsafe dam is properly issued under statutory provisions authorizing corrective orders, rather than those autho…
[2] A corrective order for a dam violation need only be served upon the alleged violator.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“we find that the challenged order is properly deemed a corrective order under section 373.119, which by the statute's literal terms need only be served upon "the alleged violator."”
The court's holding that the order was properly issued under the corrective action statute and did not require service on the property owner.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceMarks was the record owner of property containing a dam that had a history of structural failures. Marks performed repeated unpermitted repairs on the…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Administrative Order Interpretation cases and more on FLexlaw
WENTWORTH, Judge.
Appellant seeks review of an administrative order determining that he had performed work on a dam without the necessary permits, and directing him to dewater the facility or apply for a permit and repair the dam. No point of reversible error has been presented for our review, and we affirm the order appealed.
Appellee Northwest Florida Water Management District (hereinafter “District”) issued an administrative complaint/notice of violation and order describing appellant as the record owner of the property upon which the subject dam is located. The complaint recited the dam’s history of structural failures and appellant’s repeated unpermitted repairs. It was also indicated that appellant had not complied with a prior order for corrective action, leaving the dam in an unsafe condition which could lead to a catastrophic failure. Appellant was directed to dewater the facility or apply for a permit and make repairs. The complaint advised appellant of his right to an administrative hearing, and contained information as to the procedure for initiating this process. Appellant did not request a hearing and the District eventually entered a final order expressly approving the directive for corrective action.
Appellant challenges this order, contending that it is actually one for remedial measures as authorized by section 373.436, Florida Statutes, rather than one for corrective action as authorized by section 373.119, Florida Statutes. Appellant notes that Rule 40A-4.481, F.A.C., requires that a remedial order be served upon the owner of the involved facility, and asserts that he is not an individual owner of the property in the present case, requesting that this court take judicial notice of property records which allegedly indicate that the property is owned by appellant and his spouse as a tenancy by the entireties.
However, we find that the challenged order is properly deemed a corrective order under section 373.119, which by the statute’s literal terms need only be served upon “the alleged violator.” On the alternative argument, we decline to take judicial notice as to a factual matter based on records of a character more properly presented below. See generally, Hillsborough County Board of County Commissioners v. Public Employees Relations Commission, 424 So. 2d 132 (Fla. 1st DCA 1982).
Appellant’s failure to invoke the administrative process so as to raise the point below precludes an appellate challenge on this factual issue. Dickerson Inc. v. Rose, 398 So. 2d 922 (Fla. 1st DCA 1981); see also, Paradyne v. State of Florida Department of Transportation, 528 So. 2d 921 (Fla. 1st DCA 1988), rev. denied 536 So. 2d 244 (Fla.1988); Florida Department of Corrections v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987).
The order appealed is affirmed.
NIMMONS and ALLEN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hillsborough Cnty. Bd. of Cnty. Comm'rs v. Pub. Emps. Relations Comm'n & Hillsborough Cnty. Governmental Emps. Ass'n, Inc., 424 So. 2d 132 (Fla. 1st DCA 1982)
- Fla. Dep't OF Corr. v. Bradley, 510 So. 2d 1122 (Fla. 1st DCA 1987)
- Roberts v. Se. Dev. Corp., 398 So. 2d 922 (Fla. 4th DCA 1981)
- Paradyne Corp. v. State, 528 So. 2d 921 (Fla. 1st DCA 1988)