Title: Opinion File 75-3
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Permanent Link: http://ufdc.ufl.edu/WL00003415/00001
 Material Information
Title: Opinion File 75-3
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 75-3
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 43
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003415
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text



Y WORDS: 7 5-3



INTER-OFFICE MEMO Dec. 15, 1975

TO: LESTER M. BLAIN
FROM: VICTORIA L. HUNT


QUESTION: Whether Chapters 373 and 120 require two different
hearings for the granting of a permit for consumptive
use.

Chapter 120 of the Florida Statutes requires that a hearing
be held by an agency in the process of granting or revoking a
license in two circumstance;
1) When the application for license is denied without a
hearing and the applicant requests a hearing. jfi

2) When a hearing is otherwise required by Statute.

Section 373.229(3) provides that if a proposed plication for
consumptive use exceeds one million gallons per d or exceeds one
hundred thousand gallons per day and objections o said applica ion
have been filed, the governing board s a time for heari g as
provided in Section 373.126. Section E3. provides that a 1
hearings before the governing board req der the Act cone rning
the issuance, modification and revocation of permits, etc., sha 1 be
conducted in accordance with the provisions of Chapter 120.

It would appear that Chapter 373 and Chapter 120 are not i,
conflict with each other but in fact compliment each other on r quire-
ment of hearings. The mandate in Chapter 373 which requires al hear-
ings to be conducted in accordance with Chapter 120 of the Flor da
Statutes would indicate that any hearing held by the governing ioard
is in fact an "adversary hearing" under the provisions of Chapt r 120.


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