Florida Department of Environmental Protection v. Holmes Dirt Service, Inc.

District Court of Appeal of Florida

Florida Department of Environmental Protection v. Holmes Dirt Service, Inc.

864 So. 2d 507, 2004 Fla. App. LEXIS 59, 2004 WL 34513

CourtDistrict Court of Appeal of Florida

DecidedJanuary 8, 2004

DocketNo. 1D03-1125

StatusPublished

This text of 864 So. 2d 507 (Florida Department of Environmental Protection v. Holmes Dirt Service, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Florida Department of Environmental Protection v. Holmes Dirt Service, Inc., 864 So. 2d 507, 2004 Fla. App. LEXIS 59, 2004 WL 34513 (Fla. Ct. App. 2004).

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Opinions

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 caused by circumstances beyond the reasonable control of the respondent and could not have been prevented by respondent’s due diligence, the administrative law judge may further reduce the penalty.”

The ALJ had before it competent, substantial evidence that the violations were beyond Appellees’ control; accordingly, we affirm the ALJ’s decision to mitigate damages. See § 120.68(10), Fla. Stat. (2002).

AFFIRMED.

BOOTH and LEWIS, JJ., CONCUR; BENTON, J. DISSENTS WITH WRITTEN OPINION.

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