1991-12-27 Order Allowing Jennings to Intervene STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY AFFAIRS, )
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Petitioner, )
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vs. ) CASE NO. 91-5962GM
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CITY OF OKEECHOBEE, )
)
Respondent. )
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and )
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LESTER W. JENNINGS, and ELLEN A. )
JENNINGS, his wife. )
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Intervenors. )
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ORDER ON PETITION FOR LEAVE TO INTERVENE
On October 18, 1991, a Petition For Leave To Intervene
(the "Petition") was filed by Lester W. Jennings and Ellen A.
Jennings, his wife, (the "Intervenors") . No response to the
Petition was filed by either Petitioner or Respondent. The
Intervenors seek to intervene in support of the Comprehensive
Plan (the "Plan") adopted by the Respondent on March 19 , 1991.
After reviewing the Petition, it appears to comport with the
requirements of Section 163 . 3184 , Florida Statutes and Rule 22I-
6. 010, Florida Administrative Code. However, the Petition also
raises numerous issues which appear to be beyond the scope of
this proceeding. For example, the Petition challenges on
constitutional grounds the recommended remedial actions suggested
by the Petitioner Department of Community Affairs ("DCA") .
It is important to keep in mind the nature of this
case. This proceeding was initiated by the DCA pursuant to
Section 163 . 3184 (10) , Florida Statutes seeking a determination
that the Plan was not in compliance with Chapter 163 , Part II
Florida Statutes and Chapter 9J-5, Florida Administrative Code.
The Petition suggests that the Respondent is in the process of
adopting remedial amendments to address the issues raised by the
DCA. The Intervenors are apparently concerned with the scope and
effect of the proposed remedial amendments.
The record in this case does not reflect the status of
the negotiations between Petitioner and Respondent nor is there
any record evidence of the adoption or proposed adoption of
remedial amendments to the Plan. At this point in time, it is
not clear what effect, if any, the adoption of remedial
amendments by the Respondent will have on this administrative
proceeding. If and when remedial amendments are adopted, DCA
will publish a new Notice of Intent indicating whether it views
the amendments as being in compliance with the applicable
statutes and rules. Assuming DCA finds the plan amendments to be
in compliance, affected persons will have twenty one days from
the publication of that new Notice of Intent to file petitions
challenging the Plan Amendments. The challenges to the
amendments will have to be filed pursuant to Section
163 . 3184 (9) (a) which sets forth a different standard of proof
than is applicable to a case initiated pursuant to Subsection 10.
In sum, the Petition for Leave to Intervene is facially
sufficient and, therefore, the Petition is GRANTED subject to
proof at the final hearing of factual basis for intervention.
This case as presently framed involves the contention by DCA that
the Plan as originally adopted is not in compliance with the
applicable statutes and rules. If and when remedial amendments
are adopted, a hearing will be held to review the status of this
case and to determine the impact of those amendments on this
proceeding and/or any proceedings brought to challenge the plan
amendments.
DONE AND ORDERED in Tallahassee, Leon County, Florida,
this 7day of December, 1991.
(i?
J. PHEN NTON
Hea'ng Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the
Divisio of Administrative Hearings
this Q7 day of December, 1991.
Copies furnished:
Michael Wm. Morrell, Esquire
705 Forest Lair
Tallahassee, Florida 32312-1744
John R. Cook
City Attorney
City of Okeechobee
202 N.W. 5th Avenue
Okeechobee, Florida 34972
Karen Brodeen
Assistant General Counsel
Department of Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399-2100
Lester W. Jennings, Esquire
Post Office Box 237
Okeechobee, Florida 34973
Case No. 91-5962GM