JACKSONVILLE, Fla. — In 2019, Andy Kent decided to build a 190-foot dock behind his Fleming Island home and was given a general permit by the Florida Department of Environmental Protection.
"I got the permit," said Kent.
During construction, he did not meet the terms of the permit and DEP fined Kent. Following the fine, they issued a consent order which allowed him to complete the dock.
"I have $85K invested in my dock and now they want me to take it down," said Kent. "The government is sitting here asking me to tear down an $85K dock that it permitted not once but twice."
A complaint or petition was filed with the DEP concerning the dock.
Neighbors told the state it blocks the navigable channel that allows them to take their boats from a canal to Doctor's Lake.
The case went before an administrative law judge in a two-day hearing and it did not end well for Kent.
On page 20 of the ALJ recommended order he wrote:
"Since the application was being filed on his behalf, it was Mr. Kent’s obligation to ensure its accuracy. Mr. Kent, despite having been told of the permitted channel and of the existence of regulatory permits authorizing its construction, failed in that obligation, resulting in an application that was, at best, misleading."
Kent told On Your Side that he addressed the issues and even offered a solution that he felt was fair. This would allow him to keep his dock and create navigable waters.
He said he offered to pay the cost of dredging the area so using the channel that crosses where his dock is located would not be necessary.
"I requested a meeting to meet with them to find out what if I pay to dredge the area and go straight out," said Kent. "DEP needs to right what they've wrong."
On Oct. 27, DEP entered a final order on the issue and cited the following.
"The ALJ boiled down the overriding issues in this case to whether the construction of the Lot 18 Dock would constitute an impediment or hazard to Petitioners’ ability to safely navigate from their homes to the open waters of Doctors Lake, and whether requiring Petitioners to cross through shallow waters to access Doctors Lake will adversely affect environmental resources in the area. Thus, the burden remained with Mr. Kent to demonstrate entitlement to the BTIITF proprietary authorization."
SUMMARY OF THE RECOMMENDED ORDER
"In the RO, the ALJ recommended that the Department enter a final order (1) denying an environmental resource permit to Andrew Kent for the Lot 18 Dock (whether it be the revised general permit authorized in the Consent Order dated December 6, 2019, or an individual ERP); (2) denying the Letter of Consent or other form of state lands authorization for Andrew Kent’s Lot 18 Dock; and (3) requiring measures to reestablish the boat access channel recognizing Petitioners’ riparian rights of navigation, and the valid St. Johns River Water Management District permit and U.S. Army Corps permit for the boat access channel. (RO pp. 54-55). In doing so, the ALJ found the evidence established that the Lot 18 Dock significantly impedes the Petitioners’ navigability in violation of the ERP rules. (RO ¶¶ 127, 129). Moreover, the ALJ 4 found the evidence established that the Lot 18 Dock unreasonably interferes with Petitioners’ riparian rights of navigation, and creates a navigational hazard in violation of Rules 18-21.004(3)(c), and 18-21.004(7)(f) and (g), Florida Administrative Code. (RO)."
A spokesperson for DEP told On Your Side the final order has been issued and DEP agrees with it. In its final order DEP wrote:
"No party filed any exceptions to the RO objecting to the ALJ’s findings, recommendations, or DOAH’s hearing procedures. The Department agrees with the ALJ’s legal conclusions and recommendations."
Attorney Zach Roth who represented the petitioners said the evidence or findings of fact speaks for the judge's decision.
Kent is not ready to give in and vows to take his case to court.