Summary of Case By Residents of Dade County....
MIAMI LAND GRAB
THIS IS NOT A COMPLETE SUMMARY AS THERE ARE MANY MORE DETAILS
WHICH CAN BE OBTAINED BUT IT WILL GIVE THE READER AN UNDERSTANDING
OF THE HORRIFIC INJUSTICE THESE PEOPLE HAVE BEEN DEALING WITH.
SAD TO SAY THEY ARE SO SCARED & INITIMIDATED BY THIS GOVERNMENT
TO EVEN ATTEND A PROTEST FOR THEM AGAINST DERM ON FRIDAY.
Intro: Aida Fernandez is 1 of approximately 1500 landowners whose land use has been taken away
By Miami Dade County Government Agency, DERM(DEPT OF ENVIRONMENTAL
RESOURCE MANAGEMENT). They have been harassed, intimidated, & coerced so that
some of them finally gave up the fight after spending most or all of their savings. Aida, although
having both properties in foreclosure & her savings disappearing, has not given up.
She is fighting for the rest of us because she knows it is the beginning of the loss of individual
Property Rights! She knows what happened in CUBA!
1) 2003-Congress approved Law 108.7 pg 247 1Army Corps of Engineers to provide
Flood protection to the remaining part of 8.5 SMA (Square Mile Area). They were to
protect & promote remaining agricultural operations in remaining 8.5 SMA.
The taxpayer cost for 2 canals, 2 pump stations, & protection levee escalated from $80 million
to over $398 mill. Although the project was completed since 2007, permits have not been issued.
2) The land in 8.5 SMA has been Agricultural with residential for 40 plus years.
3) In 2005, Aida Fernandez & her husband Jose bought land in protected part of 8.5 SMA. It had been Agricultural in use since 1968. Aida & Jose were going to use it for their agricultural
Business, Heavenly Rainbow Farms.
4) 5 months after purchasing the land DERM came around & said they had to cease & desist
growing anything as her property was now Classified as Wetlands. A DERM employee drove by
and determined this. No soil, water, or methodology test done. HOWEVER, owners continue paying
mortgage & taxes. Aida was visited by DERM inspector Spinelli who said Aida was clearing and filling a wetland without a Class IV Wetland Permit.
5)Aida has all her permits – On all levels, the farm was registered with the USDA/FSA, FDACS (state Nursery license), South Florida Water Management water permit, and as a grower with Miami-Dade County. The property, however, does not need permits for agricultural use as established by a case already tried & won in Supreme Court by A. Duda Sons[1], which allowed them improve all agricultural land for use.
6) Aida’s case has been going on for 5 years. She has spent over $230,000 in legal fees.
They continued to find things wrong & drag her into court under the assumption her property is a wetlands. Aida has had motions filed against her, depositions, & they have held her in contempt of court threatening to put her in jail. In April 2010, she was coerced into signing an agreement stating she must destroy all her Property at 15801 SW 212 Avenue. She has had different Judges.
7) First judge – Fernandez Although had worked for years in civil court, was being changed on day of hearing to the criminal division-seemed sympathetic to her case but could not follow through because of the change. Next judge: King Leban- this one was changed from criminal court to civil court to handle Aida’s hearing. He gave Aida a stay & urged her to appeal at 3rd District Court. This judge gone two days later. Aida had to get a $12,000 bond to file the motion. Somehow, her stay was taken away, which would have allowed her to continue agricultural operations until 3rd District Court would make the decision).Aida won the preliminary hearing BUT DERM immediately filed a removal of her stay in the 11th judicial court. They resumed threatening Aida with holding her in contempt of
court. Cited her to deposition so they could emphasize she had not stopped her “illegal”
Agricultural operations. Off record & in front of her attorney, Aida says the Asst County
Attorney for DERM, Robert Duval, said even if Aida won in 3rd District Court they would
still pursue her until she was destroyed. He also stated she was already broke, how much was
She going to be able to spend? This is when she signed the agreement. Aida
is also a mother & grandmother & could not afford to go to jail. Aida hurriedly removed/sold
38,000 Hibiscus plants in 3 gal pots. The company she sold to filed bankruptcy &
her money is now gone. She received another e-mail 3 from DERM/County Attny saying clock
is ticking. DERM constantly coming to property & harassing, pictures, etc. Aida continues to
comply with the “extortion agreement” by removing all sprinkler system in 3 quarters of the nursery. However, still has 2,000 palm trees in the property with the hope to sell them and get some money in.
8) IMPORTANT-one reason DERM was so desperate not to let Aida continue on in
3rd District Court of Appeals was the A.Duda & Sons case which had already been tried &
won. The agreement she signed under duress also MADE HER WITHDRAW HER CASE FROM THE 3rd DISTRICT COURT OF APPEALS.
9)Another interesting tidbit- when a title company does a property search for restrictions
on land in this particular area. There was a new law/legislation5 that says they do have to list the restrictions on the property. So, a buyer could buy property now, have the title company do the
search & find no restrictions such as wetlands. This has happened to someone who bought
property a year ago & is now being harassed by DERM. None of Aida’s neighbors have in their deeds or title search mention of them being a wetland. In fact, some of them had closings with the USDA (United States Department of Agriculture) loans to operate their farms – nothing appeared on those closings either.
10) Miami-Dade County Property Tax appraiser’s office does not base their tax on wetland properties, but agriculture and residential.
11) Harvey Ruvin, Miami Dade County Clerk, has a lot of influence & power in Miami Dade County & helps oversee annual budgets for all 67 County Clerks in Florida. Harvey Ruvin is also USA Pres for ICLEI. He is also vice chair of Exec Committee of ICLEI. He currently chairs county’s Climate Change Advisory Task Force(CCAFT). Served as delegate to United Nations World Congress for sustainable Future in 1990. Appointed to Florida Energy Commission 2008 by Rubio. Harvey Ruvin
has helped the City of Miami join Chicago Climate exchange, join ICLEI, and there is oh so much more including this link to his global warming rap video. http://www.youtube.com/watch?v=sRS6LnnBs5s
It is obvious he is in an ideal position and has every reason to push the ICLEI/Agenda 21/Sustainable development agenda? The shuffling of judges, court dates, etc. does not seem like normal procedure.
There is SO much more to this case and many other stories. This is a very large city government
Where the Mayor, County Clerk, Commissioners, & entire government entity(DERM) are
Concerned with instituting a UN policy and steamrolling the individual property rights of the people.
The following is a quote from Harvey Ruvin.
“The American system of justice must be changed to conform to that of the rest of the world, and there must be a shift in attitudes. Individual wants, needs, and desires are to be conformed to the views and dictates of government planners. In the process of implementing Sustainable Development “Individual rights will have to take a back seat to the collective,” (Harvey Ruvin UNCED Rio+10 Summit-Johannesburg)
We have many links to video, documents, & stories of other families including that
Of an 86 year old man on dialysis they have not stopped harassing. Let your Congressman
Know, send this story to all National Media(Greta, Hannity, Cavuto, Beck, O’Reilly, etc)
We need National Media to expose this Corruption. You rights are next!
2http://caselaw.findlaw.com/fl-district-court-of-appeal/1425223.html
3please note the following e-mail demonstrating the harassment by DERM to my person after I was coerced to sign an agreement that left me with no land use, no property, no money
and MADE ME WITHDRAW THE MY CASE FROM THE 3RD DISTRICT COURT OF APPEAL
From: Duvall, Robert (CAO) <[email protected]>
To: Patricia Baloyra
Sent: Fri Aug 06 11:33:15 2010
Subject: FW: FW05-085 Aida L. Fernandez follow up enforcement inspection photos and report 08-03-2010
FYI - please note "she has less than 25 days to remove the remaining plants and pump house and then start her restoration."
______________________________________________ From: Clingerman, JoAnne (DERM) Sent: Friday, August 06, 2010 11:05 AMTo: Duvall, Robert (CAO)Cc: Quintino, Lazaro (DERM); Skornick, Evan (DERM)Subject: FW: FW05-085 Aida L. Fernandez follow up enforcement inspection photos and report 08-03-2010
This is from Lazaro’s inspection of the Fernandez property as of August 3, 2010:
The August 03, 2010 site inspection revealed that no additional containerized plants have been removed from within the property since the June 03, 2010 site inspection. No attempts to remove any of the materials/equipment used to support the unauthorized container nursery have been observed. The pump house remains within the center of the unauthorized container nursery. There are still large numbers of potted palm trees that can be seen along the western, eastern and southern edges of the property. There have been no attempts to remove any of the unpermitted fill or to backfill the unauthorized borrow pit (lake) on the north portion of the property. Based on the above, follow up inspections to document additional removal of palms and other plant material from site will be performed on a regular basis.
The clock is ticking … she has less than 25 days to remove the remaining plants and pump house and then start her restoration.
JoAnne Clingerman, Environmental Code Enforcement Officer II
Pollution Regulation & Enforcement Division
Miami-Dade County Department of Environmental Resources Management (DERM)
701 NW 1st Court, Ste. 700
Miami, FL 33136
Tel 305-372-6917 Fax 305-372-6407
www.miamidade.gov"Delivering Excellence Everyday"
The Miami-Dade Department of Environmental Resources Management (DERM) values your feedback as a customer. DERM is committed to its mission “to balance today's needs through responsible governance, education, and conservation, to protect our environment for tomorrow.#157; And as part of our mission, we continuously assess and improve the quality of services provided to you. Please take a few minutes to comment on our quality of service. Simply click on this http://derm.miamidade.gov/survey. Thank you in advance for completing our customer survey.
4 http://harveyruvin.com/harvey-ruvin-bio.aspx
5 http://library.municode.com/index.aspx?clientId=10620&stateId=9&stateName=Florida (section 33B-57)
they are section 28
This situation has been described as accurately as possible. It is quite complicated
And there are many documents to plow through. If there are discrepancies
Please send the correct facts with documentation so it can be corrected.
1 http://asafm.army.mil/documents/otherdocuments/conginfo/bldl/pl/03carpl.pdf (pg 247)
THIS IS NOT A COMPLETE SUMMARY AS THERE ARE MANY MORE DETAILS
WHICH CAN BE OBTAINED BUT IT WILL GIVE THE READER AN UNDERSTANDING
OF THE HORRIFIC INJUSTICE THESE PEOPLE HAVE BEEN DEALING WITH.
SAD TO SAY THEY ARE SO SCARED & INITIMIDATED BY THIS GOVERNMENT
TO EVEN ATTEND A PROTEST FOR THEM AGAINST DERM ON FRIDAY.
Intro: Aida Fernandez is 1 of approximately 1500 landowners whose land use has been taken away
By Miami Dade County Government Agency, DERM(DEPT OF ENVIRONMENTAL
RESOURCE MANAGEMENT). They have been harassed, intimidated, & coerced so that
some of them finally gave up the fight after spending most or all of their savings. Aida, although
having both properties in foreclosure & her savings disappearing, has not given up.
She is fighting for the rest of us because she knows it is the beginning of the loss of individual
Property Rights! She knows what happened in CUBA!
1) 2003-Congress approved Law 108.7 pg 247 1Army Corps of Engineers to provide
Flood protection to the remaining part of 8.5 SMA (Square Mile Area). They were to
protect & promote remaining agricultural operations in remaining 8.5 SMA.
The taxpayer cost for 2 canals, 2 pump stations, & protection levee escalated from $80 million
to over $398 mill. Although the project was completed since 2007, permits have not been issued.
2) The land in 8.5 SMA has been Agricultural with residential for 40 plus years.
3) In 2005, Aida Fernandez & her husband Jose bought land in protected part of 8.5 SMA. It had been Agricultural in use since 1968. Aida & Jose were going to use it for their agricultural
Business, Heavenly Rainbow Farms.
4) 5 months after purchasing the land DERM came around & said they had to cease & desist
growing anything as her property was now Classified as Wetlands. A DERM employee drove by
and determined this. No soil, water, or methodology test done. HOWEVER, owners continue paying
mortgage & taxes. Aida was visited by DERM inspector Spinelli who said Aida was clearing and filling a wetland without a Class IV Wetland Permit.
5)Aida has all her permits – On all levels, the farm was registered with the USDA/FSA, FDACS (state Nursery license), South Florida Water Management water permit, and as a grower with Miami-Dade County. The property, however, does not need permits for agricultural use as established by a case already tried & won in Supreme Court by A. Duda Sons[1], which allowed them improve all agricultural land for use.
6) Aida’s case has been going on for 5 years. She has spent over $230,000 in legal fees.
They continued to find things wrong & drag her into court under the assumption her property is a wetlands. Aida has had motions filed against her, depositions, & they have held her in contempt of court threatening to put her in jail. In April 2010, she was coerced into signing an agreement stating she must destroy all her Property at 15801 SW 212 Avenue. She has had different Judges.
7) First judge – Fernandez Although had worked for years in civil court, was being changed on day of hearing to the criminal division-seemed sympathetic to her case but could not follow through because of the change. Next judge: King Leban- this one was changed from criminal court to civil court to handle Aida’s hearing. He gave Aida a stay & urged her to appeal at 3rd District Court. This judge gone two days later. Aida had to get a $12,000 bond to file the motion. Somehow, her stay was taken away, which would have allowed her to continue agricultural operations until 3rd District Court would make the decision).Aida won the preliminary hearing BUT DERM immediately filed a removal of her stay in the 11th judicial court. They resumed threatening Aida with holding her in contempt of
court. Cited her to deposition so they could emphasize she had not stopped her “illegal”
Agricultural operations. Off record & in front of her attorney, Aida says the Asst County
Attorney for DERM, Robert Duval, said even if Aida won in 3rd District Court they would
still pursue her until she was destroyed. He also stated she was already broke, how much was
She going to be able to spend? This is when she signed the agreement. Aida
is also a mother & grandmother & could not afford to go to jail. Aida hurriedly removed/sold
38,000 Hibiscus plants in 3 gal pots. The company she sold to filed bankruptcy &
her money is now gone. She received another e-mail 3 from DERM/County Attny saying clock
is ticking. DERM constantly coming to property & harassing, pictures, etc. Aida continues to
comply with the “extortion agreement” by removing all sprinkler system in 3 quarters of the nursery. However, still has 2,000 palm trees in the property with the hope to sell them and get some money in.
8) IMPORTANT-one reason DERM was so desperate not to let Aida continue on in
3rd District Court of Appeals was the A.Duda & Sons case which had already been tried &
won. The agreement she signed under duress also MADE HER WITHDRAW HER CASE FROM THE 3rd DISTRICT COURT OF APPEALS.
9)Another interesting tidbit- when a title company does a property search for restrictions
on land in this particular area. There was a new law/legislation5 that says they do have to list the restrictions on the property. So, a buyer could buy property now, have the title company do the
search & find no restrictions such as wetlands. This has happened to someone who bought
property a year ago & is now being harassed by DERM. None of Aida’s neighbors have in their deeds or title search mention of them being a wetland. In fact, some of them had closings with the USDA (United States Department of Agriculture) loans to operate their farms – nothing appeared on those closings either.
10) Miami-Dade County Property Tax appraiser’s office does not base their tax on wetland properties, but agriculture and residential.
11) Harvey Ruvin, Miami Dade County Clerk, has a lot of influence & power in Miami Dade County & helps oversee annual budgets for all 67 County Clerks in Florida. Harvey Ruvin is also USA Pres for ICLEI. He is also vice chair of Exec Committee of ICLEI. He currently chairs county’s Climate Change Advisory Task Force(CCAFT). Served as delegate to United Nations World Congress for sustainable Future in 1990. Appointed to Florida Energy Commission 2008 by Rubio. Harvey Ruvin
has helped the City of Miami join Chicago Climate exchange, join ICLEI, and there is oh so much more including this link to his global warming rap video. http://www.youtube.com/watch?v=sRS6LnnBs5s
It is obvious he is in an ideal position and has every reason to push the ICLEI/Agenda 21/Sustainable development agenda? The shuffling of judges, court dates, etc. does not seem like normal procedure.
There is SO much more to this case and many other stories. This is a very large city government
Where the Mayor, County Clerk, Commissioners, & entire government entity(DERM) are
Concerned with instituting a UN policy and steamrolling the individual property rights of the people.
The following is a quote from Harvey Ruvin.
“The American system of justice must be changed to conform to that of the rest of the world, and there must be a shift in attitudes. Individual wants, needs, and desires are to be conformed to the views and dictates of government planners. In the process of implementing Sustainable Development “Individual rights will have to take a back seat to the collective,” (Harvey Ruvin UNCED Rio+10 Summit-Johannesburg)
We have many links to video, documents, & stories of other families including that
Of an 86 year old man on dialysis they have not stopped harassing. Let your Congressman
Know, send this story to all National Media(Greta, Hannity, Cavuto, Beck, O’Reilly, etc)
We need National Media to expose this Corruption. You rights are next!
2http://caselaw.findlaw.com/fl-district-court-of-appeal/1425223.html
3please note the following e-mail demonstrating the harassment by DERM to my person after I was coerced to sign an agreement that left me with no land use, no property, no money
and MADE ME WITHDRAW THE MY CASE FROM THE 3RD DISTRICT COURT OF APPEAL
From: Duvall, Robert (CAO) <[email protected]>
To: Patricia Baloyra
Sent: Fri Aug 06 11:33:15 2010
Subject: FW: FW05-085 Aida L. Fernandez follow up enforcement inspection photos and report 08-03-2010
FYI - please note "she has less than 25 days to remove the remaining plants and pump house and then start her restoration."
______________________________________________ From: Clingerman, JoAnne (DERM) Sent: Friday, August 06, 2010 11:05 AMTo: Duvall, Robert (CAO)Cc: Quintino, Lazaro (DERM); Skornick, Evan (DERM)Subject: FW: FW05-085 Aida L. Fernandez follow up enforcement inspection photos and report 08-03-2010
This is from Lazaro’s inspection of the Fernandez property as of August 3, 2010:
The August 03, 2010 site inspection revealed that no additional containerized plants have been removed from within the property since the June 03, 2010 site inspection. No attempts to remove any of the materials/equipment used to support the unauthorized container nursery have been observed. The pump house remains within the center of the unauthorized container nursery. There are still large numbers of potted palm trees that can be seen along the western, eastern and southern edges of the property. There have been no attempts to remove any of the unpermitted fill or to backfill the unauthorized borrow pit (lake) on the north portion of the property. Based on the above, follow up inspections to document additional removal of palms and other plant material from site will be performed on a regular basis.
The clock is ticking … she has less than 25 days to remove the remaining plants and pump house and then start her restoration.
JoAnne Clingerman, Environmental Code Enforcement Officer II
Pollution Regulation & Enforcement Division
Miami-Dade County Department of Environmental Resources Management (DERM)
701 NW 1st Court, Ste. 700
Miami, FL 33136
Tel 305-372-6917 Fax 305-372-6407
www.miamidade.gov"Delivering Excellence Everyday"
The Miami-Dade Department of Environmental Resources Management (DERM) values your feedback as a customer. DERM is committed to its mission “to balance today's needs through responsible governance, education, and conservation, to protect our environment for tomorrow.#157; And as part of our mission, we continuously assess and improve the quality of services provided to you. Please take a few minutes to comment on our quality of service. Simply click on this http://derm.miamidade.gov/survey. Thank you in advance for completing our customer survey.
4 http://harveyruvin.com/harvey-ruvin-bio.aspx
5 http://library.municode.com/index.aspx?clientId=10620&stateId=9&stateName=Florida (section 33B-57)
they are section 28
This situation has been described as accurately as possible. It is quite complicated
And there are many documents to plow through. If there are discrepancies
Please send the correct facts with documentation so it can be corrected.
1 http://asafm.army.mil/documents/otherdocuments/conginfo/bldl/pl/03carpl.pdf (pg 247)
