CHARLES DOLBY, APPELLANT,
v.
DEPARTMENT OF ENVIRONMENTAL PROTECTION, APPELLEE
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Charles Dolby appealed an administrative law judge's final order sustaining violations for unpermitted dredging and filling of wetlands on his property. The court affirmed the violations and most penalties but reversed and remanded to correct a penalty amount on the filling violation that was assessed under the wrong statutory tier.
The court affirmed the violations and the penalties for the dredging violation, but reversed the $2,000 penalty for the filling violation and remanded for reduction to $1,000 because the ALJ applied the wrong statutory penalty tier, as less than one-quarter acre was filled.
[1] Dredging and filling wetlands without a permit constitutes a violation of environmental regulations.
[2] A scrivener's error in an administrative order may be grounds for reversal and remand.
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“the $2,000 penalty assessed for the "filling" violation charged in Count II of the Notice of Violation should be reduced to $1,000 because less than one-quarter of an acre was filled; in contrast, the $2,000 penalty for the "dredging" violation charged in Count I was appropriate because more than one-quarter of an acre, but less than a half acre, was dredged”
Establishes the basis for the partial reversal—the ALJ applied the correct statute but assessed the wrong penalty tier for the filling violation
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Join FLexlaw to unlock all legal intelligenceDolby dredged and filled a portion of wetlands on his property without obtaining the required permit. The dredging involved more than one-quarter acre…
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In this appeal, Charles Dolby challenges the Final Order of the Administrative Law Judge sustaining the allegations of the Notice of Violation, Orders for Corrective Action, and Administrative Penalty Assessment filed by the Florida Department of Environmental Protection. The charges against Mr. Dolby in the Notice of Violation were based on his actions in dredging and filling a portion of the wetlands on his property without a permit. Having thoroughly reviewed the record and relevant authorities, we conclude the issues raised by Mr. Dolby on appeal are without merit. We therefore affirm, with one exception.
We find it necessary to reverse in part and remand for the correction of what appears to us to be a scrivener’s error in the Final Order. This is an error pointed out by the Department in its Answer Brief. Specifically, the $2,000 penalty assessed for the “filling” violation charged in Count II of the Notice of Violation should be reduced to $1,000 because less than one-quarter of an acre was filled; in contrast, the $2,000 penalty for the “dredging” violation charged in Count I was appropriate because more than one-quarter of an acre, but less than a half acre, was dredged. See § 403.121(3)(c), Fla. Stat. (2008). The ALJ cited the correct statute, but then assessed the wrong penalty amount with regard to Count II. Accordingly, we reverse the $2,000 penalty assessment on Count II and remand for reduction of that penalty to $1,000 in accordance with section 40S.121(3)(c). The Final Order and penalties assessed therein are affirmed in all other respects.
AFFIRMED in part; REVERSED in part; and REMANDED with instructions.
GRIFFIN, COHEN, and JACOBUS, JJ., concur.