LEEBERG v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (1998)

District Court of Appeal of Florida,Fifth District.

Albert LEEBERG, Appellant, v. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, etc., et al., Appellees.

No. 98-140.

Decided: October 23, 1998

Jerri A. Blair of Blair & Reid, P.A., Tavares, for Appellant. Margaret M. Lytle, Assistant General Counsel, Brooksville, for Appellee Southwest Florida Water Management District. Pamela S. Leslie, General Counsel, and Vance W. Kidder, Assistant General Counsel, Tallahassee, for Appellee Department of Transportation.

Albert Leeberg appeals the order of the Southwest Florida Water Management District denying his petition for agency action.

Principles of due process entitled Leeberg to actual notice and an opportunity to be heard in regard to the application, submitted to the District by the Department of Transportation, for a permit to construct retention ponds on Leeberg's property. See e.g., Fuentes v. Shevin, 407 U.S. 67, 92 S.Ct. 1983, 32 L.Ed.2d 556 (1972). Because Leeberg was not provided proper notice, his petition must be regarded as timely filed. See City of St. Cloud v. Dep't of Environmental Regulation, 490 So.2d 1356 (Fla. 5th DCA 1986). Accordingly, the order is reversed and the cause remanded for further proceedings.

REVERSED and REMANDED.

WHITEHEAD, R., Associate Judge.

DAUKSCH and HARRIS, JJ., concur.

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