The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . In pertinent part, section 373.114(1), Florida Statutes, provides that “the Governor and Cabinet, sitting . . . Section 373.114(1) provides that a request for review “shall be heard by the commission not more than . . . review because the Secretary determined that the Commission was without jurisdiction pursuant to section 373.114 . . . Section 373.114(1) provides that the request for review “shall be heard by the commission not more than . . .
. . . review because the Secretary determined the Commission was without jurisdiction pursuant to section 373.114 . . . The Secretary’s Procedural Error Section 373.114(1), Florida Statutes, requires the Commission (comprised . . . needed to show an “activity authorized by the order would substantially affect natural resources.” § 373.114 . . . rulemaking if the “order raises issues of policy ... that have regional or statewide significance.” § 373.114 . . . the Commission could not afford Appellant the remedy it sought: “the relief permitted under section 373.114 . . .
. . . . § 373.114(1). . . .
. . . by the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission as provided in s. 373.114 . . .
. . . . § 373.114. . . .
. . . See § 373.114(2), Fla.Stat. (1995). . . . As we have previously noted, section 373.114(2), Florida Statutes (1995), gives DEP “the exclusive authority . . . Subsection (2)(a) of section 373.114 states that after the adoption of a water management district rule . . . Section 373.114(2) provides a specified procedure for affected persons to challenge the consistency of . . .
. . . . §§ 373.114, 373.427, and 373.455. . . .
. . . consisting of the Governor and Cabinet exercising their powers of appellate review pursuant to section 373.114 . . . review “is appellate in nature and shall be based on the record below,” as specified in subsection 373.114 . . . As we state in footnote 3, above, our review is appellate in nature by virtue of Section 373.114, and . . . Section 373.114(1)(b), F.S. Rule 42.2014(3), F.A.C. . . .
. . . . § 373.114 (providing a right to administrative appeal which applies to the final SWIM Plan). . . .
. . . Middle-brooks did file an appeal with the Florida Land and Water Adjudicatory Commission pursuant to section 373.114 . . .
. . . This appeal came before the Land and Water Adjudicatory Commission (Commission) pursuant to Section 373.114 . . . 1) The Commission has jurisdiction over the subject matter of these proceedings pursuant to Section 373.114 . . . Management Permit No. 50-01420-S issued by the District has statewide or regional significance. “(2) Section 373.114 . . . Section 373.114, Florida Statutes (1985) provides that the Land and Water Adjudicatory Commission can . . .
. . . See § 373.114, Fla.Stat. (1985); Griffin v. St. . . .
. . . Governor and the Cabinet sitting as the Land and Water Adjudicatory Commission, pursuant to section 373.114 . . . Further, section 373.114 provides: The Governor and cabinet, sitting as the Land and Water Adjudicatory . . . not sought discretionary review by the Land and Water Adjudicatory Commission,^ pursuant to section 373.114 . . .