Cabinet
Affairs |
FLORIDA LAND AND WATER ADJUDICATORY COMMISSION
AGENDA
October 24, 1995
1. Approval of minutes of the meeting held September 14, 1995.
2. Consideration of a Recommended Order issued by the Division
of Administrative Hearings concerning an appeal filed by
Edgewater Beach Owners Association, Inc., regarding Walton
County Resolution No. 93-2. (FLWAC Case No.
APP-93-008).
On April 13, 1993, the Florida Land and Water Adjudicatory
Commission (FLWAC) entered a Final Order dismissing an
appeal filed by the Edgewater Beach Owners Association,
Inc., (EBOA) of an amended development order issued by the
Board of County Commissioners of Walton County for lack of
standing. On appeal, the First District Court of Appeal
issued a Mandate with Opinion on November 30, 1994,
reversing the decision of FLWAC and remanding the case back
to FLWAC for further consistent proceedings. The First
District Court found that EBOA is an "owner" under the terms
of section 380.07(2), F.S., and has standing to appeal the
amended development order rendered by the Board of County
Commissioners of Walton County.
On January 24, 1995, FLWAC entered a Order vacating Final
Order LW-93-016 and forwarding the proceeding to the
Division of Administrative Hearings (DOAH) for assignment of
a hearing officer and further proceedings. The Department
of Community Affairs (DCA) was granted intervenor status on
March 21, 1995. The DOAH hearing was conducted on April 13,
and May 26, 1995, and the hearing officer issued a
recommended order on July 26, 1995. The hearing officer
recommends that the Commission enter a final order
dismissing the amended petition of EBOA.
On August 14, 1995, EOBA filed Exceptions to the Recommended
Order and on August 31, 1995, EBOA filed a Motion to Abate
the proceedings. The Department of Community Affairs filed
a Response to Petitioner’s Exceptions on September 6, 1995.
KPM, Ltd., filed a Response in Opposition to the
Petitioner’s Motion to Abate and a Response to Petitioner’s
Exceptions on September 13, 1995. On September 19, 1995,
Walton County filed a Motion for Joinder, incorporating
KPM’s Response in Opposition to the Petitioner’s Motion to
Abate and Response to Petitioner’s Exceptions as the
County’s response.
RECOMMENDATION:
Authorize the Secretary of the Commission to enter the Draft
Final Order.
BACK-UP:
DOAH’s Recommended Order received on July 28, 1995.
(Distributed to Cabinet Aides on August 17, 1995).
EBOA’s Exceptions to Recommended Order received August 14,
1995.
EBOA’s Motion to Abate received on August 31, 1995.
Department of Community Affairs’ Response to Petitioner’s
Exceptions received on September 6, 1995.
KPM’s Response in Opposition to the Petitioner’s Motion to
Abate received on September 13, 1995.
KPM’s Response to Petitioner’s Exceptions received on
September 13, 1995.
Walton County’s Motion for Joinder received on September 19,
1995.
Draft Final Order.
*
NOTICE OF FORWARDING APPEALS TO THE
DIVISION OF ADMINISTRATIVE HEARINGS
Pursuant to Chapter 42-2.008(4), Florida Administrative
Code, notice is hereby given that the appeals listed below will
be forwarded to the Division of Administrative Hearings for
assignment of a hearing officer and further proceedings, unless a
request for consideration is received by the Secretary of the
Commission within five calendar days following the
October 24, 1995, meeting of the Governor and Cabinet. If a
request for consideration is received, the matter will be placed
on a subsequent agenda for consideration by the Florida Land and
Water Adjudicatory Commission. Requests must be filed with the
Secretary of the Commission, The Capitol, Room 2105, Tallahassee,
Florida 32399-0001, no later than October 30, 1995.
Case No. APP-94-108
DCA vs. Edward B. Farah and Mary Louise Farah, Owners
and General Contractors; and Monroe County, Florida.
