CopyCited 22 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1663
...Another rule of statutory construction supports our decision. The rule is that statutes on the same subject matter are to be read in harmony with each other, without destroying their evident intent. Mann v. Goodyear Tire & Rubber Co.,
300 So.2d 666 (Fla. 1974). Section
253.77, Florida Statutes (Supp....
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Cited as authorityDresing (2014)phrase: "rule_authority"
CopyCited 12 times | Published | District Court, S.D. Florida | 1988 A.M.C. 2705, 1988 U.S. Dist. LEXIS 7271, 1988 WL 73386
...Florida Statute section 403.913(1) states that "[n]o person shall dredge ... on, or over surface waters without a permit from the [Department of Environmental Regulation]...." [4] See also F.S.A. §
253.04 (duty of Board of Trustees to protect state lands); F.S.A. §
253.77 (permission of Board of Trustees required in order to excavate land in which title has been vested in Board of Trustees); F.S.A....
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CopyCited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 302319
...If the bottom of the lagoon is sovereign submerged lands of the State of Florida, Hubbard would be required to follow the permitting process and obtain a consent of use in order for her dock to be approved by DEP. DEP would then have to hold a hearing to determine whether to issue the consent of use in accordance with section 253.77, Florida Statutes (1993)....
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CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 1744874
...Wentworth relied on Rule 62-341.427 as the noticed general permit authority for his project. Because the dock was to be located on sovereign submerged lands, authorization by noticed general permit was not enough for Wentworth to commence construction; agency consent was also required. [3] See § 253.77(1), Fla....
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ApprovedThibadeau (2007)phrase: "approved by"
CopyPublished | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 2590, 1988 Fla. App. LEXIS 5131, 1988 WL 123813
...ged lands (Exhibit ‘A’ to the Complaint). The Consent of Use provides, in pertinent part: The proposed project is not in conflict with any of our existing rules; therefore we have no objections ... Please consider this the authority sought under section 253.77, Florida Statutes, to pursue this project....
...It further admits that at the time it issued the Consent of Use it had received all required information for issuance of the Consent of Use. The Consent of Use states that the proposed project is not in conflict with any of Plaintiff’s existing rules and constitutes authorization to proceed in accordance with Section 253.77, Florida Statutes....
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Cited as authoritySexton (2012)phrase: "rule_authority"
AdoptedChilders (1997)phrase: "adopted in"
CopyCited 1 times | Florida 6th District Court of Appeal
...253, Fla. Stat. Among
other things, Florida law grants the State “the authority to [permit or] preclude the
construction of private docks when it is in the public interest to do so.” Krieter,
595
So. 2d at 112; see, e.g., §
253.0347, Fla. Stat.; §
253.77, Fla....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 762, 1985 Fla. App. LEXIS 13180
...r circuit court order. We note that the administrative order does not mandate vacation, and to the extent appellant is unable to obtain such vacation the dredging permit, under the terms of the hearing officer’s recommended order, would not issue. Section 253.77(1), Florida Statutes, provides that: No Department ......
...While this is obviously a correct position, the conditional order recommended by the hearing officer, insofar as it approves appellant’s application subject to issuance of the permit only after the necessary consent is obtained, would not appear to offend the requirements of § 253.77....
CopyPublished | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 1563, 1985 Fla. App. LEXIS 14868
...rule to deny the permit, but points out that it cannot grant the permit sought by Bartecki until he “receive[s] from the Board of Trustees of the Internal Improvement Trust Fund ... consent authorizing the proposed use and exhibits it to [DER].” Section 253.77, Florida Statutes (1983)....
...We agree that, based on Grove Isle, DER’s denial of the permit based on Bar-tecki’s failure to comply with rule 17-4.242, F.A.C., was erroneous and its final order so holding is reversed. The case is remanded for entry of an order not inconsistent with Grove Isle and Section 253.77, Florida Statutes (1983)....
