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FLORIDA DEPT. OF TRANSP. v. J. W. C. CO., INC.

No. 00-501.

396 So.2d 778 (1981)

FLORIDA DEPARTMENT OF TRANSPORTATION, Appellant, v. J. W. C. COMPANY, INC., and Department of Environmental Regulation, Appellees.

District Court of Appeal of Florida, First District.

March 27, 1981.

Attorney(s) appearing for the Case

James W. Anderson, Tallahassee, for appellant.

Kenneth Oertel of Oertel & Laramore, Alfred W. Clark, Tallahassee, Adrian Bacon, St. Petersburg, for appellees.

Edward de la Parte, Jr. of de la Parte & Butler, Tampa, John T. Allen, Jr., St. Petersburg, for amicus curiae, Agrico Chemical Co.

William L. Earl and Paul H. Amundsen of Peoples, Earl, Smith, Moore & Blank, P.A., Miami, for amicus curiae, Freeport Sulphur Co.

LARRY G. SMITH, Judge.

The Department of Transportation (DOT) appeals an order entered by the State Department of Environmental Regulation (DER) denying DOT's application for a permit under the environmental laws, Chapter 403, Florida Statutes. DOT relies for reversal upon its claims: First, that DER erred in accepting the order of the hearing officer1 recommending denial of the permit after a formal Section 120.57(1) hearing,

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