Southwest Florida Water
2379 Broad Street
Brooksville, Florida 34609-6899
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
foregoing Motion for Continuance has been sent by United States
mail to the following this /6 day of / 1988:
John T. Allen, Jr.
John T. Allen, Jr., P.A.
4508 Central Avenue
St. Petersburg, Florida 33711
Attorney for Pinellas County, Florida
Edward P. de la Parte, Jr.
de la Parte, Gilbert & Gramovot, P.A.
705 East Kennedy Boulevard
Tampa, Florida 33602
Attorney for West Coast Regional Water
ram D. E. Canter
Courtesy copy furnished to:
L. M. Blain James Benjamin Harrill
Blain & Cone, P.A. Pasco County Government Center
202 East Madison Street 7530 Little Road
Tampa, Florida 33602 New Port Richey, Florida 34654
David D. Henderson Larry Sellers
Florida Citrus Mutual Holland & Knight
Post Office Box 89 Post Office Drawer
Lakeland, Florida 33802 Tallahassee, Florida 32302
FLORIDA PHOSPHATE COUNCIL, to represent that they concur in this
8. The undersigned counsel has conferred with counsel for
the Petitioner, WEST COAST REGIONAL WATER SUPPLY AUTHORITY, and
he stated that the Petitioner objects to this motion.
9. The undersigned counsel has conferred with counsel for
Intervenor, PINELLAS COUNTY, and he stated that the Intervenor
will not oppose this motion, provided that the rescheduled
hearing would not conflict with other scheduled trials.
THEREFORE, the Respondent, SOUTHWEST FLORIDA WATER
MANAGEMENT DISTRICT, requests that the hearing be continued for
two weeks in order to allow time to adequately prepare for the
hearing and to assure that the people of Florida, through the
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, are adequately
represented in this proceeding.
R spectfully submitted,
Bram D. E. Canter
Haben & Culpepper, P.A.
306 North Monroe Street
Tallahassee, Florida 32302
Daniel P. Fernandez
previous unavoidable commitments. However, they can be available
at a later date. Their testimony is essential to the
3. The complexity of the case necessitates more time for
adequate preparation due in part to the large volume of
information requested from the Respondent by the Petitioner, WEST
COAST REGIONAL WATER SUPPLY AUTHORITY.
4. It is now anticipated that the time remaining before
the hearing will be consumed by depositions, thus leaving no time
to prepare for the hearing. The Respondent believes that an
additional two weeks would provide the parties with sufficient
5. The number of parties who recently sought to intervene
makes resolution of the case impossible in the two days currently
allotted for the hearing.. Based on discussions with the
potential Intervenors, the Respondent now estimates that the
hearing will require at least four days. Therefore, continuation
of the hearing appears inevitable.
6. A four-day or five-day hearing consolidated into the
same week will better facilitate an understanding of the complex
issues in this case.
7. The undersigned counsel has been authorized by counsel
for the Intervenors, PASCO COUNTY, FLORIDA CITRUS MUTUAL and
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WEST COAST REGIONAL WATER
vs. Case No. 88-0693R
SOUTHWEST FLORIDA WATER
MOTION FOR CONTINUANCE
The Respondent, SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT,
pursuant to Rules 221-6.016 and 221-6.017, Florida Administrative
Code, moves for a continuance of the hearing in the above-styled
case scheduled for March 23 and 24, 1988, for the following
1. The undersigned counsel was substituted as lead counsel
only eight days ago on March 8, 1988, because of the resignation
of a senior attorney in the Respondent's Office of General
Counsel which necessitated an immediate shift of
responsibilities. Familiarization of the undersigned with the
historical development of the rule and complex hydrogeologic
facts involved in this proceeding will necessitate a transition
period during which the Respondent cannot effectively be
represented in this matter.
2. Expert witnesses essential for the Respondent's case
are not available for adequate pre-hearing preparation because of
NN Southwest Florida Water
MICHAEL ZAGORAC, JR., Chairman, Belleair WALTER H. HARKALA, Vice Chairman, Plant City
1961 ANNE M. BISHOPRIC, Secretary, Sarasota HORACE F. HERNDON, Treasurer, Lake Wales
S ROY G. HARRELL, JR., St. Petersburg ROBERT T. BRAMSON, M.D., Tampa
,. $ WILLIAM H. WILCOX, Ph.D., Port Charlotte MARY ANN HOGAN, Brooksville CHARLES A. BLACK, Crystal River
GEMEI GARY W. KUHL, Executive Director DANIEL P. FERNANDEZ, General Counsel
WILLIAM K. HENNESSEY, PETER G. HUBBELL, JERRY I. SIMPSON, Deputy Executive Directors
March 16, 1988
Division of Administrative Hearings
The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32399-1550
Subject: West Coast Regional Water Supply Authority v.
Southwest Florida Water Management District,
DOAH Case No. 88-0693R
Enclosed for filing is the original and a copy of the
Respondent's Motion for Continuance.
Thank you for your assistance.
Daniel P. Fernandez
cc: Edward P. de la Parte, Jr.
John T. Allen, Jr.
J. Benjamin Harrill
Lawrence J. Sellers
David D. Henderson
L. M. Blain
2379 BROAD STREET, BROOKSVILLE, FLORIDA 34609-6899
PHONE (904) 796-7211 or 1-800-423-1476 SUNCOM 628-4097