FLORIDA DEPARTMENT OF

Environmental Protection
Southeast District Office
3301 Gun Club Road, MSC 7210-1
West Palm Beach, FL 33406
561-681-6600

Ron DeSantis
Governor
Jeanette Nuñez
Lt. Governor
Noah Valenstein
Secretary

April 23, 2019
WBC Collections LP
Attn: Lloyd S. Moody
9215 Salon Road Suite D-1
Houston, Texas 77064
Lsmoody37@yahoo.com
C.O/
Richard Ladyko
Ladyko Design Group, LLC.
4400 Belle Grove Drive
Fort Pierce, FL 34981
Enginpod225@aol.com
RE: Consent Order, OGC FILE NO.: 19-0099, St. Lucie County
Dear Mr. Moody:
Enclosed for your review and signature is the final Consent Order (Order) drafted by the
Department in the above-styled case. This Order represents the resolution acceptable to the
Department in this matter. Please review, sign, and return the copy within twenty (20) days from
the mailing date of this letter to this office for final Department signature and execution. The
Order will become effective once both parties execute it.
We look forward to a satisfactory resolution of this matter. If you have any questions, please
contact the case manager, Robert Mullins at 561-681-6634 or Robert.Mullins@FloridaDEP.gov.
Sincerely,

_____________________________
Jennifer K. Smith
District Director
Southeast District
Enclosures: Draft Consent Order OGC number: 19-0099

 BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

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Complainant,
vs.
WBC Collections LP,
Respondent.

IN THE OFFICE OF THE
SOUTHEAST DISTRICT

OGC FILE NO. 19-0099

CONSENT ORDER
This Consent Order is entered into between the State of Florida Department of
Environmental Protection ("Department") and WBC Collections LP ("Respondent") to reach
settlement of certain matters at issue between the Department and Respondent.
The Department finds the following:
1.

The Department is the administrative agency of the State of Florida having the

power and duty to protect Florida's air and water resources and to administer and enforce
Chapter 373, Part IV, and Chapter 403, Florida Statutes, and the rules promulgated and
authorized thereunder, Title 62, Florida Administrative Code. The Department has jurisdiction
over the matters addressed in this Consent Order.
2.

Respondent is a person within the meaning of Section 373.019(15), Florida

Statutes.
3.

Respondent is the owner of property located at coordinates 27° 24’ 03.93” N   -

80° 15’ 58.08” W or parcel control number 2529-233-0002-000-0 in St. Lucie County Florida.
4.

An inspection by Department personnel on January 18, 2019 revealed that the

trimming conducted to construct the piling supported bridge, for permit 56-0264272-002-EM,
did not meet the definition of trim under the 1996 Mangrove Trimming and Preservation Act.
The mangroves within the footprint of this permitted structure were altered during the

 construction of this project. The activity was conducted on the above described property within
the landward extent of Joes Pond, Jensen Beach to Jupiter Inlet Aquatic Preserve, waters of the
State, as defined by Florida Law.
Having reached a resolution of the matter Respondent and the Department
mutually agree and it is,
ORDERED:
5.

Within 30 days of the effective date of this Consent Order, Respondent shall pay

the Department $750 in settlement of the matters addressed in this Consent Order. This
amount includes $250 for recovered Environmental Resource Permit Modification fees and
$500 for costs and expenses incurred by the Department during the investigation of this matter
and the preparation and tracking of this Consent Order. Respondent shall make all payments
required by this Order by cashier's check, money order or on-line payment. Cashier’s check or
money order shall be made payable to the “Department of Environmental Protection” and shall
include both the OGC number assigned to this Order and the notation “Water Quality
Assurance Trust Fund.” Online payments by e-check can be made by going to the DEP Business
Portal at http://www.fldepportal.com/go/pay/

It will take a number of days after this order

becomes final and effective filed with the Clerk of the Department before ability to make online
payment is available.
6.

Within 30 days of the effective date of this Consent Order, Respondent shall

purchase 0.20 mangrove wetland credits from the Bear Point Mitigation Bank in settlement of
the matters addressed in this Consent Order. As of March 27, 2019, the cost for mitigation bank
credits from Bear Point Mitigation Bank is $16,000/tenth. Within 15 days of purchasing credits,
Respondent shall provide proof of payment to the Department in the form of a receipt from the
Bear Point Mitigation Bank.
7.

Environmental Resource Permit No. 56-0264272-002-EM has been modified

under Permit No. 56-0264272-005-EM to reflect the authorized impacts to mangroves (10,785
sq. ft./ 0.25 acres) for the perpetual operation and maintenance of the permitted structures.
8.

If any event, including administrative or judicial challenges by third parties

unrelated to the Respondent, occurs which causes delay or the reasonable likelihood of delay,

 in complying with the requirements of this Consent Order, Respondent shall have the burden of
proving the delay was or will be caused by circumstances beyond the reasonable control of the
Respondent and could not have been or cannot be overcome by Respondent's due diligence.
Economic circumstances shall not be considered circumstances beyond the control of
Respondent, nor shall the failure of a contractor, subcontractor, materialman or other agent
(collectively referred to as "contractor") to whom responsibility for performance is delegated to
meet contractually imposed deadlines be a cause beyond the control of Respondent, unless the
cause of the contractor's late performance was also beyond the contractor's control. Upon
occurrence of an event causing delay, or upon becoming aware of a potential for delay,
Respondent shall notify the Department orally within 24 hours or by the next working day and
shall, within seven calendar days of oral notification to the Department, notify the Department
in writing of the anticipated length and cause of the delay, the measures taken or to be taken to
prevent or minimize the delay and the timetable by which Respondent intends to implement
these measures. If the parties can agree that the delay or anticipated delay has been or will be
caused by circumstances beyond the reasonable control of Respondent, the time for
performance hereunder shall be extended for a period equal to the agreed delay resulting from
such circumstances. Such agreement shall adopt all reasonable measures necessary to avoid or
minimize delay. Failure of Respondent to comply with the notice requirements of this
Paragraph in a timely manner shall constitute a waiver of Respondent's right to request an
extension of time for compliance with the requirements of this Consent Order.
9.

Respondent shall allow all authorized representatives of the Department access

to the property at reasonable times for the purpose of determining compliance with the terms
of this Consent Order and the rules and statutes of the Department.
10.

Entry of this Consent Order does not relieve Respondent of the need to comply

with applicable federal, state or local laws, regulations or ordinances.
11.

The terms and conditions set forth in this Consent Order may be enforced in a

court of competent jurisdiction pursuant to Sections 120.69 and 373.129, Florida Statutes.
Failure to comply with the terms of this Consent Order shall constitute a violation of Section
373.430, Florida Statutes.

 12.

Respondent is fully aware that a violation of the terms of this Consent Order may

subject Respondent to judicial imposition of damages, civil penalties of up to $10,000 per day
per violation and criminal penalties.
13.

Persons who are not parties to this Consent Order but whose substantial

interests are affected by this Consent Order have a right, pursuant to Sections 120.569 and
120.57, Florida Statutes, to petition for an administrative hearing on it. The Petition must
contain the information set forth below and must be filed (received) at the Department's Office
of General Counsel, 3900 Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000,
within 21 days of receipt of this notice. A copy of the Petition must also be mailed at the time
of filing to the District Office named above at the address indicated. Failure to file a petition
within the 21 days constitutes a waiver of any right such person has to an administrative
hearing pursuant to Sections 120.569 and 120.57, Florida Statutes.
The petition shall contain the following information:
(a)

The Department’s Consent Order identification number and the county in which the

subject matter or activity is located;
(b)

The name, address, and telephone number of each petitioner; the name, address, and

telephone number of the petitioner’s representative, if any, which shall be the address for
service purposes during the course of the proceeding;
(c)

An explanation of how the petitioner’s substantial interests will be affected by the

Consent Order;
(d)

A statement of when and how the petitioner received notice of the Consent Order;

(e)

A statement of all material facts disputed by petitioner, if any;

(f)

A statement of the specific facts the petitioner contends warrant reversal or

modification of the Consent Order;
(g)

A statement of which rules or statutes the petitioner contends require reversal or

modification of the Consent Order; and
(h)

A statement of the relief sought by the petitioner, stating precisely the action petitioner

wishes the Department to take with respect to the Consent Order.

 If a petition is filed, the administrative hearing process is designed to formulate agency
action. Accordingly, the Department's final action may be different from the position taken by
it in this Notice. Persons whose substantial interests will be affected by any decision of the
Department with regard to the subject Consent Order have the right to petition to become a
party to the proceeding. The petition must conform to the requirements specified above and
be filed (received) within 21 days of receipt of this notice in the Office of General Counsel at the
above address of the Department. Failure to petition within the allowed time frame constitutes
a waiver of any right such person has to request a hearing under Sections 120.569 and 120.57,
Florida Statutes, and to participate as a party to this proceeding. Any subsequent intervention
will only be at the approval of the presiding officer upon motion filed pursuant to Rule 28106.205, Florida Administrative Code.
A person whose substantial interests are affected by the Consent Order may file a timely
petition for an administrative hearing under Sections 120.569 and 120.57, Florida Statutes, or
may choose to pursue mediation as an alternative remedy under Section 120.573, Florida
Statutes, before the deadline for filing a petition. Choosing mediation will not adversely affect
the right to a hearing if mediation does not result in a settlement. The procedures for pursuing
mediation are set forth below.
Mediation may only take place if the Department and all the parties to the proceeding
agree that mediation is appropriate. A person may pursue mediation by reaching a mediation
agreement with all parties to the proceeding (which include the Respondent, the Department,
and any person who has filed a timely and sufficient petition for a hearing) and by showing how
the substantial interests of each mediating party are affected by the Consent Order. The
agreement must be filed in (received by) the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, within 10
days after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
(a) The names, addresses, and telephone numbers of any persons who may attend the
mediation;

 (b) The name, address, and telephone number of the mediator selected by the parties,
or a provision for selecting a mediator within a specified time;
(c) The agreed allocation of the costs and fees associated with the mediation;
(d) The agreement of the parties on the confidentiality of discussions and documents
introduced during mediation;
(e) The date, time, and place of the first mediation session, or a deadline for holding the
first session, if no mediator has yet been chosen;
(f) The name of each party’s representative who shall have authority to settle or
recommend settlement; and
(g) Either an explanation of how the substantial interests of each mediating party will
be affected by the action or proposed action addressed in this notice of intent or a statement
clearly identifying the petition for hearing that each party has already filed, and incorporating it
by reference.
(h) The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to
mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes,
for requesting and holding an administrative hearing. Unless otherwise agreed by the parties,
the mediation must be concluded within sixty days of the execution of the agreement. If
mediation results in settlement of the administrative dispute, the Department must enter a
final order incorporating the agreement of the parties. Persons whose substantial interests will
be affected by such a modified final decision of the Department have a right to petition for a
hearing only in accordance with the requirements for such petitions set forth above, and must
therefore file their petitions within 21 days of receipt of this notice. If mediation terminates
without settlement of the dispute, the Department shall notify all parties in writing that the
administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain
available for disposition of the dispute, and the notice will specify the deadlines that then will
apply for challenging the agency action and electing remedies under those two statutes.

 14.

The Department hereby expressly reserves the right to initiate appropriate legal

action to prevent or prohibit any violations of applicable statues, or the rules promulgated
thereunder that are not specifically addressed by the terms of this Consent Order.
15.

The Department, for and in consideration of the complete and timely performance

by Respondent of the obligations agreed to in this Consent Order, hereby waives its right to seek
judicial imposition of damages or civil penalties for alleged violations addressed in this Consent
Order.
16.

Respondent acknowledges and waives its right to an administrative hearing

pursuant to Sections 120.569 and 120.57, Florida Statutes, on the terms of this Consent Order.
Respondent acknowledges its right to appeal the terms of this Consent Order pursuant to Section
120.68, Florida Statutes, and waives that right upon signing this Consent Order.
17.

Electronic signatures or other versions of the parties’ signatures, such as .pdf or

facsimile, shall be valid and have the same force and effect as originals. No modifications of the
terms of this Consent Order shall be effective until reduced to writing and executed by both
Respondent and the Department.
18.

All submittals and payments required by this Consent Order to be submitted to

the Department shall be sent to the Florida Department of Environmental Protection, Southeast
District, Robert Mullins, 3301 Gun Club Road, MSC 7210-1, West Palm Beach, FL 33406 or via
email SED_Compliance@dep.state.fl.us
19.

In the event of a sale or conveyance of the property, if all the requirements of

this Consent Order have not been fully satisfied, Respondent shall, at least 30 days prior to the
sale or conveyance of the property, (1) notify the Department of such sale or conveyance and
(2) provide a copy of this Consent Order with all attachments to the new owner. The sale or
conveyance of the property shall not relieve the Respondent of the obligations imposed in this
Consent Order.
20.

This Consent Order is a settlement of the Department’s civil and administrative

authority arising under Florida law to resolve the matters addressed herein. This Consent Order
is not a settlement of any criminal liabilities which may arise under Florida law, nor is it a
settlement of any violation which may be prosecuted criminally or civilly under federal law.

 21.

This Consent Order is a final order of the Department pursuant to Section

120.52(7), Florida Statutes, and it is final and effective on the date filed with the Clerk of the
Department unless a Petition for Administrative Hearing is filed in accordance with Chapter
120, Florida Statutes. Upon the timely filing of a petition this Consent Order will not be
effective until further order of the Department.

FOR THE RESPONDENT:
______________________
DATE

_________________________________
Lloyd S. Moody
WBC - Collections L.P

 DONE AND ORDERED this

day of

, 2019, in

County, Florida.

STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION

____________________________________
Jennifer K. Smith
District Director
Southeast District

Filed, on this date, pursuant to Section 120.52, F.S., with the designated Department Clerk,
receipt of which is hereby acknowledged.

______________________________
Clerk
cc:

Lea Crandall, Agency Clerk
Mail Station 35

___________________
Date