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FLORIDA D.E.P. v. HOLMES DIRT SERVICE, INC.

No. 1D03-1125.

864 So.2d 507 (2004)

FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, Appellant, v. HOLMES DIRT SERVICE, INC., and William H. Holmes, Appellees.

District Court of Appeal of Florida, First District.

January 8, 2004.

Attorney(s) appearing for the Case

Lisa G. London, Senior Assistant General Counsel, Department of Environmental Protection, Tallahassee, for Appellant.

Frank T. Gaylord, Eustis, for Appellee.

PER CURIAM.

The Florida Department of Environmental Protection has appealed a Final Order of the Division of Administrative Hearings, which reduced penalties assessed against Holmes Dirt Service, Inc. and William J. Holmes by more than fifty percent of the statutory schedule. We affirm.

Section 403.121(10), Florida Statutes (2002), allows an ALJ to reduce up to fifty percent for mitigating circumstances and upon an affirmative finding that the "violation was...

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