Durden, Brian
From: Fitzsimmons, Michael Sent: Wednesday, January 02, 2013 9:11 AM To: Strong, Greg; Raulerson, Emerson; Durden, Brian Subject: FW: Extension Clarification Attachments: Filed Extention.pdf
FYI
From: Tashner, Janet Sent: Tuesday, January 01, 2013 12:22 PM To: 'Steve Johnson'; '[email protected]'; '[email protected]' Subject: Extension Clarification
Mr. Johnson, Mr. Burr, and Mr. Dix,
As stated below, the Department will grant the original email request for an extension for filing an Amended Request for Hearing until January 4, 2013. The original request was received in the Office of General Counsel (“OGC”) at 1:42 PM on December 31, 2012 and was granted at 4:51 PM, December 31, 2012. The subsequent request was not received by OGC until 5:43 PM, December 31, 2012 (see attached). Paragraph B of the Order Dismissing Request for Hearing with Leave to Amend states that the request “must be filed (received) in the Office of General Counsel” and lists the physical address for mailing. Although the extension was sought solely by Mr. Johnson and no communication has been received from Mr. Burr regarding the Amended Request for Hearing, as a courtesy, the Department will also grant Mr. Burr until January 4, 2013, to file his Amended Request for Hearing.
Regarding the request for additional time to respond to the Amended Notice of Violation (“Amended NOV”) presumably filed on behalf of Mr. Dix, to date, the Department has not received any communication from Mr. Dix regarding the Amended NOV nor has Mr. Dix asked for clarification or additional time. Mr. Dix was properly served with the Amended NOV on November 26, 2012. His response was due no later than December 21, 2012. The request for additional time filed on Mr. Dix’s behalf will not be entertained at this time as the Request for Hearing in response to the Amended Notice of Violation is already significantly overdue and the request for additional time did not come from Mr. Dix or his representative. Mr. Dix is free to submit a late Request for Hearing with an explanation regarding why the Request for Hearing is late. The Department will subsequently determine whether the Request for Hearing is sufficient and reasonably untimely. If Mr. Dix’s Request for Hearing is received after the Final Order is issued, Mr. Dix has the right to appeal the Final Order.
In the future, please ensure that all requests and pleadings include the case heading and date, are filed with the Office of General Counsel at the address below and clearly state the party or parties filing the document with the appropriate signatures and contact information. Mr. Burr and Mr. Dix, if you intend for Mr. Johnson to file documents on your behalf, please provide the Department with a copy of an executed power of attorney granting Mr. Johnson appropriate authority to do so. If you subsequently intend for Mr. Johnson to represent you at hearing, you will need to file the proper requests with the hearing officer or administrative law judge in accordance with Rule 28‐106.106, Florida Administrative Code.
1 Sincerely, Janet Tashner
Janet Tashner Senior Assistant General Counsel Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399‐3000
850.245.2289 office 850.245.2301 fax [email protected]
Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection.
3 Please consider the environment before printing this email.
From: Tashner, Janet Sent: Monday, December 31, 2012 4:51 PM To: 'Steve Johnson'; '[email protected]' Subject: RE: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV
Mr. Johnson and Mr. Burr,
The Department will grant an extension for filing the Amended Request. The Request must be received by the Office of General Counsel, as described in the Order Dismissing Request for Hearing with Leave to Amend, no later than January 4th. Any request received after that time will be dismissed as untimely.
Sincerely, Janet Tashner
Janet Tashner Senior Assistant General Counsel Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS 35 Tallahassee, FL 32399‐3000
850.245.2289 office 850.245.2301 fax [email protected]
2 Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection.
3 Please consider the environment before printing this email.
From: Steve Johnson [mailto:[email protected]] Sent: Monday, December 31, 2012 1:42 PM To: Tashner, Janet Cc: Florida Bar; Aaron Bean; Audrey Gibson Fla.Senate Distric 1; Barack Obama; Charles Dean Sr.; Charles E Van Zant; Charles McBurney Distric 16; Daniel Davis Distric13; Janet H. Adkins Distric 12; John Thrasher Distric 8; Lake Ray Distric 17; Mia Jones Distric 14; Reggie Fullwood Distric 15; Rick Scott; Ronald Dco Renuart Distric 18; Travis Cummings; Art Graham; Eduardo E Balbis; Julie Imanuel Brown; Lisa Polak Edgar; Ronald A Brise; Edward Cole; Greg Anderson; John Crescimbeni; Kimberly Daniels; Laquidara Cindy; marianne marshal; Michael Tiffany; Ribin Lumb; Roger W Ward; Ron moody; Skinner Dan; stephen joost; William Bishiop; Dianne S Griffin; FBI; Jeremy D. Petrovay; Lad Daniels SJRWMD; Angelique Giraud; Dr.Michael A Crawford Ph.D CBiol Flbiol FRCPath.; Vinyard, Herschel; Chisolm, Jack; Tashner, Janet; Littlejohn, Jeff; Joy Towles Ezell; Kristen Lombardi; Morgan, Larry; Lisa Evans; Lisa Widawsky Hallowell; Fitzsimmons, Michael; Beason, Thomas M.; charlene; Chris Chambless; clay co commisioners; Craig Aldrich; Debbie Brown; Fran J.; gary knight; Gary Winterstine; Jordan girlscouts richmond; lenny Curry; Lori Mizell; Lorin Mock; Major General Emmett R Titshaw.Jr; Martha Jean Mchaney; Miguel Melinda; Nancy Mills; Pam Bondi; pat Gleason; Richard Knof; rick beseler; Rudy Polache; Stephanie Kopelousos; charles hodges; David brown; Don Johnson; eric blane stewart; james evans; john cordell; jr; [email protected]; [email protected]; [email protected]; Michael Sznapstajler; mike smith; mollie johnson; Ralf Brookes; richard Reed; rick dix; [email protected]; [email protected]; shelly lancaster Subject: RE: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV
Janet
Can you grant us until this Friday through email without running all around filling request?
--- On Mon, 12/31/12, Tashner, Janet
From: Tashner, Janet
Mr. Johnson,
Making Mr. Dix a property owner did not automatically also make Mr. Dix a party to the Notice of Violation (“NOV”). Mr. Dix became a party to the NOV when the Department issued the Amended NOV. No Amended Order Dismissing the Petition with Leave to Amend including Mr. Dix was issued nor will one be forthcoming. Mr. Dix had 20 days from the date he received the Amended NOV to file a Request for Hearing. You and Mr. Burr have 15
3 days from the date the Order Dismissing Request for Hearing with Leave to Amend (“Order”), plus five days because it was mailed. Therefore the Amended Request (“Request”) from you and Mr. Burr is due today.
If you disagree with the Department’s Order, you may, as is stated in the Order, file an appeal. If you are requesting additional time to file the Amended Request, please do so in writing including the amount of time required and reason for the extension.
Sincerely,
Janet Tashner
Janet Tashner
Senior Assistant General Counsel
Florida Department of Environmental Protection
3900 Commonwealth Blvd., MS 35
Tallahassee, FL 32399‐3000
850.245.2289 office
850.245.2301 fax [email protected]
Florida’s Water - Ours to Protect: Check out the latest information on Florida Water Issues at http://www.protectingourwater.org/ presented by the Florida Department of Environmental Protection.
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3 Please consider the environment before printing this email.
From: Steve Johnson [mailto:[email protected]] Sent: Friday, December 28, 2012 7:54 PM To: Tashner, Janet; Angelique Giraud; Dr.Michael A Crawford Ph.D CBiol Flbiol FRCPath.; Vinyard, Herschel; Chisolm, Jack; Tashner, Janet; Littlejohn, Jeff; Joy Towles Ezell; Kristen Lombardi; Lad Daniels SJRWMD; Lisa Evans; Lisa Widawsky Hallowell; Fitzsimmons, Michael Cc: Edward Cole; Greg Anderson; John Crescimbeni; Kimberly Daniels; Laquidara Cindy; marianne marshal; Michael Tiffany; Ribin Lumb; Roger W Ward; Ron moody; Skinner Dan; stephen joost; William Bishiop; Dixey Teel; Donna Mcmahon; Elizabeth Tarbert; jodi Jennings; Linda Cavert Hanson; Maria Johnson; charles hodges; Don Johnson; eric blane stewart; james evans; john cordell; jr; [email protected]; [email protected]; [email protected]; Michael Sznapstajler; mike smith; mollie johnson; Ralf Brookes; richard Reed; rick dix; [email protected]; [email protected]; shelly lancaster; Art Graham; Eduardo E Balbis; Julie Imanuel Brown; Lisa Polak Edgar; Ronald A Brise; Aaron Bean; Audrey Gibson Fla.Senate Distric 1; Barack Obama; Charles Dean Sr.; Charles E Van Zant; Charles McBurney Distric 16; Daniel Davis Distric13; Janet H. Adkins Distric 12; John Thrasher Distric 8; Lake Ray Distric 17; Mia Jones Distric 14; Reggie Fullwood Distric 15; Rick Scott; Ronald Dco Renuart Distric 18; Travis Cummings; Dianne S Griffin; FBI; Jeremy D. Petrovay; Lad Daniels SJRWMD; charlene; Chris Chambless; clay co commisioners; Craig Aldrich; Debbie Brown; Fran J.; gary knight; Gary Winterstine; Jordan girlscouts richmond; lenny Curry; Lori Mizell; Lorin Mock; Major General Emmett R Titshaw.Jr; Martha Jean Mchaney; Miguel Melinda; Nancy Mills; Pam Bondi; pat Gleason; Richard Knof; rick beseler; Rudy Polache; Stephanie Kopelousos Subject: Order Dismissing Request For Hearing With Leave To Amend And Amened NOV
Dear Janet Tashner
Steven Johnson and Jasper Bur received OGC FILE NO:10-2147. Rick Dix is not on this file.
I am looking for the Amended Order Dismissing Request For Hearing With Leave To Amend
With Rick Dix added.
Furthermore I Steven Johnson and Jasper Burr never received the amended NOV by US Mail.
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You stated there are no material facts on the filed NOV.
The Filed Petition states material facts all through it Janet. See in Red.
I dispute your entire department for endangering the public and the environment. In which your department the Florida Department Of Environmental Protection Agency is trusted to protect.
You also stated I did not request an administrative hearing please see 32-E in red on Filed Petition attachment.
We filed for the Administrative Hearing on November 9,2012. You Janet Tashner knew on November 9, 2012 that you had to send out a new NOV.
You also knew the Order Dismissing Request For Hearing With Leave To Amend was no good and I was to follow the new NOV In which I did not receive by US mail. Under Oath
With that being said I followed the orders on the Order Dismissing Request For Hearing With Leave To Amend. Realizing it was not addressed to all parties and could not be properly filed over the Christmas holidays I stopped working on it.
Through all that drama. I am requesting that you send me or I will pick up the proper NOV that I have not received in your Jacksonville office. I will gladly sign for it.
I am also requesting a new start date to prepare the amended request for an administrative hearing.
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Changing The Future
Thank You
Steven Johnson And Family
336 Foxtail Ave
Middleburg Florida 32068
All Rights Findings And Discoveries Are Reserved.
--- On Fri, 12/28/12, Tashner, Janet
From: Tashner, Janet
Mr. Johnson,
The Order you referred to addresses only you and Mr. Burr as you and Mr. Burr were the only parties named in the NOV. Mr. Dix was not a party or a property owner when the NOV was issued. After Mr. Dix became a property owner, the Department issued an Amended NOV adding Mr. Dix as a party. This NOV was properly served on Mr. Dix by certified mail with copies mailed to you and Mr. Burr at the address provided in your petition. Subsequent pleadings are not required to be served by certified mail after initial service, therefore you and Mr. Burr received both the Amended NOV and Order Dismissing Request for Hearing by regular mail. If you would like future pleadings sent to an alternative address, please provide that address to the Department in writing. 7
Sincerely,
Janet Tashner
Please take a few minutes to share your comments on the service you received from the department by clicking on this link. DEP Customer Survey.
From: Steve Johnson [mailto:[email protected]] Sent: Saturday, December 22, 2012 4:50 PM To: Tashner, Janet; Vinyard, Herschel; Florida Bar Cc: Angelique Giraud; charlene; charles hodges; Chris Chambless; Craig Aldrich; crystle heidrick; David Cool; Don Johnson; Dr.Michael A Crawford Ph.D CBiol Flbiol FRCPath.; Edward Cole; Fran J.; Fred C.; Gary Winterstine; Chisolm, Jack; james evans; Jimmy Weeks; john cordell; jr; [email protected]; Kristen Lombardi; [email protected]; Lisa Evans; Lisa Widawsky Hallowell; Lorin Mock; [email protected]; marianne marshal; Michael Sznapstajler; Michael Tiffany; Michael Tiffany; Fitzsimmons, Michael; mike smith; mollie johnson; Pam Bondi; pat Gleason; Ralf Brookes; rick dix; rick beseler; Robertson David; Roger W Ward; Ron moody; [email protected]; scott cossin; [email protected]; shelly lancaster; Skinner Dan; Steve FDOT Mcreynolds; [email protected]; Dianne S Griffin; FBI; Florida Bar; Jeremy D. Petrovay; Durden, Brian; Tashner, Janet; Littlejohn, Jeff; Fitzsimmons, Michael; Edward Cole; Greg Anderson; John Crescimbeni; Kimberly Daniels; Laquidara Cindy; marianne marshal; Ribin Lumb; stephen joost; William Bishiop; Art Graham; Eduardo E Balbis; Julie Imanuel Brown; Lisa Polak Edgar; Ronald A Brise; Aaron Bean; Audrey Gibson Fla.Senate Distric 1; Barack Obama; Charles Dean Sr.; Charles E Van Zant; Charles McBurney Distric 16; Daniel Davis Distric13; Janet H. Adkins Distric 12; John Thrasher Distric 8; Lake Ray Distric 17; Mia Jones Distric 14; Reggie Fullwood Distric 15; Rick Scott; Ronald Dco Renuart Distric 18; Travis Cummings; Alex Kearns; Angelak Kitchens; Angelique Giraud; charlene; Charlie Vanzant Jr; Chris Chambless; clay co commisioners; Craig Aldrich; Debbie Brown; Fran J.; Fuller Julie; gary knight; Gary Winterstine; Jordan girlscouts richmond; Joy Towles Ezell; lenny Curry; Lisa Evans; Lori Mizell; Lorin Mock; Major General Emmett R Titshaw.Jr; Martha Jean Mchaney; Miguel Melinda; Nancy Mills; Pam Bondi; pat Gleason; Richard Knof; rick beseler; Rudy Polache; Stephanie Kopelousos Subject:
Dear Janet Tashner
As I have been working my Christmas holidays to finish the ORDER DISMISSING REQUEST FOR HEARING WITH LEAVE TO AMEND. I have come to realize I 8 do not have the proper documents from your department.The ORDER DISMISSING PETITION attachment only address Steven R Johnson and Jasper R Burr.It should also address Dennis R Dix Jr.I have NOT received the proper document for filing a ORDER DISMISSING REQUEST FOR HEARING WITH LEAVE TO AMEND to this date. I have also NOT received the Amended NOV that you see attached. The NOV. that you sent Dennis R Dix Jr.(97-7108-2133-3936-4226- 5559) certified mail does not address the ORDER DISMISSING REQUEST FOR HEARING WITH LEAVE TO AMEND.Furthermore the amended NOV should have also been sent to me. In the future would you kindly please send me a copy of any documentation pertaining this case. Dinnis R Dix Jr and Jasper R Burr are not my attorneys they are simply on the deed as a creditable witness to the on going issue. Please send me the correct documentation. Thank You.
Changing The Future
Steven R Johnson And Family
336 Foxtail Ave
Middleburg Florida 32068
All Rights,Findings And Discoveries Are Reserved.
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