1992-08-03 DCA to Morell .
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STATE OF FLORIDA - '
DEPARTMENT OF COMMUNITY AFFAIRS
2 7 4 0 C E N T E R V I E W D R I V E • TALLAHASSEE , F L O R I D A 3 2 3 9 9 - 2 1 0 0
LINDA LOOMIS SHELLEY
LAWTON CHILES
Governor
Secretary
August 3, 1992
Michael Wm. Morell, Esquire
310 West College Avenue
Tallahassee, Florida 32301-1408
RE: City of Okeechobee Amendment Notice
Dear Mike:
I have reviewed Chapter 92-129, Laws of Florida, and concluded
that the format of the notice published as to the remedial
amendment for the City of Okeechobee is legally sufficient.
The notice is sufficient because it places all affected
persons on notice of their right to challenge the remedial
amendment. From a practical and technical standpoint, there is no
reason to publish a cumulative notice which addresses both the
original plan and the remedial amendment. In earlier drafts of the
legislation, the original purpose of the cumulative notice was to
revive intervenors ' rights to challenge the original plan in the
instance of a dismissal of the entire proceeding after a settlement
agreement was executed between the Department and the local
government. The later addition of the words "as to the Department"
at the end of the first sentence in Section 163 . 3184 (16) (f) , F.S.
negates the need for a cumulative notice. Intervenors are not
dismissed from original plan proceedings simply because the local
government complied with the terms of the compliance agreement.
Therefore, a point of entry is required only as to the remedial
amendment and the notice need only address that amendment and not
include the plan.
Of course, it would be a more prudent future course of action
to revise the notice to track the language of the statute and
accordingly the Department recently revised its notice for similar
settlement scenarios. As to the City of Okeechobee, the notice
that was published on July 5, 1992, does not rise to the level of
harmful error, since it cannot prejudice or otherwise affect any
person. Based on this analysis, I have advised staff that the
notice is adequate and need not be revised and republished.
EMERGENCY MANAGEMENT • HOUSING AND COMMUNITY DEVELOPMENT • RESOURCE PLANNING AND MANAGEMENT
Michael Wm. Morell, Esquire
August 3, 1992
Page 2
If you take issue with this conclusion, please respond to me
in writing at the above address.
Sincerely,
77‘1 ' _cc.1"--'
Karen Brodeen
Assistant General Counsel
KB/ths
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