1992-08-06 Morell to DCA i
MICHAEL WM. MORELL
ATTORNEY AT LAW
310 WEST COLLEGE AVENUE
ADMINISTRATIVE AND GOVERNMENTAL LAW TALLAHASSEE, FLORIDA 32301-1406 ALSO ADMITTED IN THE
ENVIRONMENTAL AND LAND USE LAW DISTRICT OF COLUMBIA
(904) 425-8300
(904) 425-8301 FACSIMILE
August 6, 1992
VIA HAND DELIVERY
Karen Brodeen
Assistant General Counsel
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
RE: Public Records Request and Government in the Sunshine
Request for Notice of Meetings concerning In Re: Okeechobee
County Comprehensive Plan, DCA Docket No. 91-NOI-4701-( I ) and
Petitions for Formal Administrative Proceedings filed in the
Okeechobee County Comprehensive Plan Case.
Dear Karen:
This is a public records request pursuant to Chapter 119,
Florida Statutes and Department Rule 9-1 . 006, Florida
Administrative Code. It is also a request pursuant to Chapter
286 . 011, Florida Statutes, Section 163 . 3184 ( 16 ) , Florida Statutes,
and DCA Rules 9-1 . 008, 9-2 . 001, 9-2 . 002 and 9J-11 . 012 (8) , Florida
Administrative Code, to receive due public notice informing me in
advance of the date, time and location that the Department will
conduct telephone conferences and meetings concerning the
Okeechobee County Comprehensive Plan and any petitions for formal
administrative proceedings which have been filed in this matter
pursuant to Rule 9J-11 . 012 (8) , F.A.C.
Public Records Request
Although this letter is directed to you, I am providing a copy
of the request to Agency Clerk Jane Bass, Robert Pennock, Dale
Eacker, and Tony Arrant. I assume that these four persons are the
custodians of the records who will be preparing the Department ' s
response to this request. If my assumption is incorrect, please
inform me who is the custodian and immediately provide a copy of
this letter to that person.
For the purpose of this request, please consider any request
for "public records" to be a request for all public records as
defined in Section 119 . 001( 1) , Florida Statutes .
8 i
Karen Brodeen
August 6, 1992
Page Two
I wish to inspect, and may wish to copy all public records
that are available relating to the above-referenced file and any
petitions for formal administrative proceedings filed in this case.
Specifically, the records I wish to inspect, and may wish to copy
include (but are not limited to) the following public records :
A. All of the Department' s files concerning the
Okeechobee County Comprehensive Plan, including all plan
review team member correspondence files and Office of
General Counsel correspondence files which are not
maintained in the Plan Review Room, Room #252 (commonly
referred to as "the dome" ) . This would include any
correspondence concerning this matter between the
following persons : Department Attorneys, including
General Counsel G. Steven Pfeiffer and Assistant General
Counsel David Russ and Karen Brodeen; Department Staff
including Robert Pennock, Dale Eacker and Tony Arrant;
Okeechobee County Commissioners, attorneys, employees or
consultants including County Attorney John Cassels,
planning consultant Bill Miller, County Planning
Administrator William Royce and County Planning
Commission member Frank Marsocci .
B. In addition to those records specified in Paragraph
A. above, any other documents produced or received by the
Department and used in its determination to find any
petitions challenging the Department' s determination of
compliance in the above-referenced matter pursuant to
Rule 9J-11 . 012(8) , Florida Administrative Code. Such
documents would include, but not be limited to, any
action memoranda or recommendations submitted by DCA' s
attorneys or staff to the General Counsel or Secretary
prior to any determination the Department may have made
to find the above-referenced petitions sufficient.
The Department is required to provide a prompt response to
this request. In Tribune Co. v. Cannella, 458 So. 2d 1075 (Fla.
1984) , the Florida Supreme Court states that the only delay
permitted is a "limited reasonable time allowed to the custodian to
retrieve the record and delete those portions of the record the
custodian asserts are exempt. " Id. at 1079 . The court there
disapproved a delay of 48 hours in providing public records .
Therefore, please notify me as soon as the records are ready for
inspection.
Please do not copy the records until I have had an opportunity
to review them and determine which records, if any, that I need
copied.
Karen Brodeen
August 6 , 1992
Page Three
If I do not hear from the Department on this matter by
Tuesday, August 11, 1992, I will assume that the Department does
not have any records related to this matter.
Government in the Sunshine Request
I also request to receive notice of all meetings between
representatives of the Department of Community Affairs (DCA) and
representatives of Okeechobee County concerning the above-
referenced case including any Department investigations or meetings
which may be scheduled with the petitioners concerning the
petitions for formal administrative proceedings that have been
filed in the Okeechobee County case or settlement of these claims .
This would include notice of all meetings which may be held between
yourself (or other representatives of the Department) and members
of the Okeechobee County Board of County Commissioners, the
county' s attorneys and staff, the county' s representatives,
representatives of other regional or state agencies, and other
affected persons to the proceeding including the petitioners or
intervenors and their representatives.
Such notice would also include, but not be limited to, notice
of all meetings, telephone conferences, and negotiating sessions
which may be held between representatives of the Department,
representatives of Okeechobee County and representatives of the
petitioners and intervenors concerning the following: the
Department' s decision to issue a notice of intent to find the
Okeechobee County plan in compliance and the Department' s
determination' s concerning the sufficiency of petitions for formal
administrative proceedings filed in the case.
I would appreciate receiving notice in writing at the above-
referenced address or by telephone at the above listed number as
soon as such meetings or telephone conferences are scheduled. The
Department may also provide me notice by facsimile transmission at
904/425-8301 . However, in the event that the Department determines
that reasonable public notice in this situation does not warrant
notice in writing or by telephone, I request that the Department
notify me in writing as to what notice procedures the Department
intends to use to inform members of the public about any and all
meetings between DCA, Okeechobee County officials or
representatives of the petitioners concerning the above referenced
case.
Karen, thank you for your attention to this matter. With best
personal regards, I am
Karen Brodeen
August 6, 1992
Page Four
Sincerely,
filJ# 9LOPt.h4VIS2Q
Michael Wm. Morell
MWM:mm
cc. Jane Bass
Robert Pennock
Dale Eacker
Tony Arrant