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SULLIVAN v. DEP

No. 1D04-0475.

890 So.2d 417 (2004)

Asher G. SULLIVAN, Jr., St. Augustine Trust Dated May 16, 1996, Appellant, v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Assad O. Knio and Selma Knio, Appellees.

District Court of Appeal of Florida, First District.

December 29, 2004.

Attorney(s) appearing for the Case

Gary S. Edinger, Esquire, Gainesville, for Appellant.

Jack Chisolm, Deputy General Counsel and Stan M. Warden, Assistant General Counsel, Tallahassee, for Appellees.

BENTON, J.

The Asher G. Sullivan, Jr. St. Augustine Trust dated May 16, 1996 (Trust) appeals a final order of the Department of Environmental Protection (DEP) which denied the Trust eligibility to participate in the Florida Petroleum Liability and Restoration Insurance Program (FPLRIP). A petroleum discharge took place while the Trust's notice of eligibility for FPLRIP was in effect, but was reported only during the subsequent "tail" period specified in the insurance...

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