1993-03-19 City's Publ Rec. Req. to DOA STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITY OF OKEECHOBEE, )
)
Petitioner, )
)
vs . ) DOAH Case No. 92-4909GM
)
DEPARTMENT OF COMMUNITY AFFAIRS, )
Respondent. )
)
and )
) ! '
OKEECHOBEE COUNTY, ) R7CF"Arr7D
Intervenor. )
) MAR 2 2 1993
SHIRLEY PINDER, )
City of Ck�A-.:chobeP
Petitioner, )
vs . ) DOAH Case No. 92-4910GM
)
DEPARTMENT OF COMMUNITY AFFAIRS )
and OKEECHOBEE COUNTY, )
)
Respondents . )
)
)
FLORIDA MANUFACTURED HOUSING )
ASSOCIATION, INC. , and TED )
KELCHNER, )
)
Petitioners, ; )
vs . ) DOAH Case No. 92-4911GM
)
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Respondent, )
and )
)
OKEECHOBEE COUNTY, )
)
Intervenor. )
1
NOTICE OF FILING OF CITY OF OKEECHOBEE'S PUBLIC RECORDS REQUEST TO
ADMINISTRATION COMMISSION AND ADMINISTRATION COMMISSION' S FINAL
ORDER CLOSING FILE IN DOAH CASES 92-4910GM AND 92-4911GM
Petitioner City of Okeechobee, by and through its undersigned
counsel and pursuant to Paragraph 3 of the Notice of Assignment and
Order entered by the Hearing Officer on August 21, 1992 and DOAH
Rules 60Q-2 . 003, Florida Administrative Code, hereby files an
original and one copy of Petitioner City of Okeechobee' s March 19,
1993 Public Records Request to the Administration Commission and
the Administration Commission' s Final Order Closing File in DOAH
Cases 92-4910GM and 92-4911GM. A copy of the public records
request, which is hereby provided to the hearing officer in the
above-referenced cases, is attached to this notice of filing as
Exhibit "A" . A copy of the Administration Commission' s Final Order
Closing Files in DOAH Cases 92-4910GM and 92-4911GM is attached to
both the public records request and this notice of filing as
Attachment #1 .
RESPECTFULLY SUBMITTED this 19th day of March 1993 by:
Michael Wm. Morell
Attorney at Law
310 West College Avenue
Tallahassee, Florida 32301-1406
904/ 425-8300
Fla. Bar No. 0570280
and
John R. Cook
City Attorney
202 N.W. 5th Avenue
Okeechobee, Florida 34972
Attorneys for Petitioner
City of Okeechobee
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing NOTICE OF FILING
OF CITY OF OKEECHOBEE ' S PUBLIC RECORDS REQUEST TO ADMINISTRATION
COMMISSION AND ADMINISTRATION COMMISSION' S FINAL ORDER CLOSING FILE
IN DOAH CASES 92-4910GM AND 92-4911GM has been furnished by U. S.
Mail to:
John D. Cassels
Okeechobee County Attorney
Laura McCall
Okeechobee County Attorney
Law Offices of Cassels and McCall
400 N.W. Second Street
P.O. Box 968
Okeechobee, Florida 34973
Karen Brodeen
Assistant General Counsel
Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
David D. Eastman, Esquire
Parker, Skelding, Labasky & Corry
P.O. Box 669
Tallahassee, FL 32302
Burton C. Connor, Esquire
Burton C. Connor, P.A.
301 Northwest Fifth Street
Okeechobee, FL 34972
Robert V. Kennedy, Esquire
200 N.E. 4th Avenue
Okeechobee, FL 34972
and by hand delivery to:
Robin Hassler
Counsel to Governor and Cabinet
Room 210, The Capitol
Tallahassee, Florida
on this 19th day of March 1993 :
ktkiLQ lAik•kia
Michael Wm. Morell
3
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
Hand Delivery March 19, 1993
David K. Coburn
Secretary
Administration Commission
Plaza Level, The Capitol
Tallahassee, FL 32399-0001
Re: Public Records Request to Administration Commission
Dear David:
This is a public records request pursuant to Chapter 119 ,
Florida Statutes ( 1992 Supplement) .
Although this letter is directed to you, I am also providing
copies of this request by hand delivery to Teresa Tinker, Policy
Coordinator for the Growth Management and Strategic Planning Policy
Unit, and Patricia P. McKay, Clerk of the Administration
Commission. I assume that Ms . Tinker and Ms . McKay are the
custodians of the records and will be preparing the Commission' 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 .
On March 12, 1993, the: Administration Commission entered a
Final Order Closing File in Commission Case No. ACC-93-010 . The
Final Order No. is AC-93-013 . (A copy of the final order is
attached to this letter as Attachment #1 for your convenience. )
The Commission' s final order references three Division of
Administrative Hearings (DOAH) Cases by case number: City of
Okeechobee vs . Department of Community Affairs, Respondent, and
Okeechobee County, Intervenor, DOAH Case No. 92-4909GM, Shirley
Pinder vs . Department of Community Affairs and Okeechobee County,
Respondents, DOAH Case No. 92-4910GM and Florida Manufactured
Housing Association, Inc. , and Ted Kelchner vs. Department of
Community Affairs, Respondent, and Okeechobee County, Intervenor,
DOAH Case No. 92-4911GM. The Commission' s final order closes the
Commission' s files in two of the three cases referenced in the
final order: the Florida Manufactured Housing Association, Inc,
case and the Pinder case.
Exhibit "A"
David K. Coburn
March 18, 1993
Page Two
I wish to inspect, and may wish to copy, all of the
Commission' s public records relating to Commission Case No. ACC-93-
010, the three above-referenced DOAH cases and any other
Administration Commission case concerning the City of Okeechobee
Case, DOAH Case No. 92-4909GM. Specifically, the records I wish to
inspect, and may wish to copy include (but are not limited to) the
following public records:
A. All Administration Commission correspondence related
to Case No. ACC-93-010, Final Order No. AC-93-013 and the
three above-referenced DOAH cases . This correspondence
would include correspondence between the following
persons : members, employees, attorneys or agents of the
Administration Commission including yourself, Robin
Hassler, Teresa Tinker, Kelly Tucker, and any members,
employees, attorneys or agents for any party to the three
above-referenced DOAH cases .
B. All written material relating to Administration
Commission Case No. ACC-93-010, Final Order No. AC-93-
013, the three above-referenced cases, and any other
Administration Commission case file which may exist
concerning the City of Okeechobee case, DOAH Case No. 92-
4909GM.
C. In addition to those records specified in Paragraphs
A and B above, any other documents or written materials
produced by or received by the Administration Commission
or its member, employees, attorneys or agents and used in
the Commission' s decision to enter final orders closing
files pursuant to Rule 28-39 . 005 ( 3) , Florida
Administrative Code, in local government comprehensive
plan compliance proceedings brought under Section
163 . 3184 (9 ) , Florida Statutes .
I will assume that Ms . Tinker or Ms. McKay will call my office
to inform me as to a convenient time and location where I may
inspect the requested records . 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.
David K. Coburn
March 18, 1993
Page Three
David, thank you for your attention to this matter. With best
personal regards, I am
Sincerely,
6 .01
Michael Wm. Morell
MWM:mm
Enclosure
cc. Teresa B. Tinker, Policy Coordinator
Patricia P. McKay, Clerk, Administration Commission
Robin Hassler, Counsel to Governor and Cabinet
Hearing Officer Larry J. Sartin
All counsel of record in DOAH Case Nos . 92-4909GM, 92-4910GM
and 92-4911GM