ADMINISTRATION COMMISSION

AGENDA

April 10, 2001

1. Approval of the minutes for the meeting held June 26, 2000.

2. Consideration of a Recommended Order issued by the Division of Administrative Hearings in the consolidated cases of Department of Community Affairs vs. Broward County and Economic Development Council of Broward County, Inc.; Building Association of South Florida; and Florida Home Builders Association (DOAH Case No. 00-0824GM) and Economic Development Council of Broward County, Inc., and Building Association of South Florida vs. Department of Community Affairs and Broward County (DOAH Case No. 00-1150GM) AC Case No. ACC-00-003.

The subject issue before the Administration Commission is the Division of Administrative Hearing’s (DOAH) Recommended Order recommending denial of an award of attorneys’ fees and costs as moved by the Economic Development Council of Broward County, Inc.; Building Association of South Florida; and Florida Home Builders Association.

In September, 1996, Broward County adopted amendments to the Broward County Comprehensive Plan by Ordinance No. 96-30. These amendments included public school concurrency amendments. These amendments were reviewed by the Department of Community Affairs and were found to be "in compliance" with section 163.3184(1)(b), F.S. The Department’s "in compliance" decision was challenged by the Economic Development Council of Broward County, Inc., Building Association of South Florida and the Florida Home Builders Association. An administrative proceeding was conducted and a DOAH Recommended Order was entered recommending to the Administration Commission that the public school concurrency amendments be found not in compiance. The Administration Commission issued a Final Order in March, 1998, finding the amendments not in compliance and suggested remedial actions which the Commission believed would bring the amendments in compliance.

Broward County, in response to the Administration Commission Final Order, adopted remedial amendments by Ordinance Nos. 1999-74, 1999-75, and Objective 15.4 and the policies thereunder adopted by Ordinance 1999-76. The Department reviewed the remedial amendments and issued a Statement and Notice of Intent, finding the remedial amendments not in compliance and filed a petition with the DOAH. The Economic Development Council of Broward County, Inc., and Building Association of South Florida also filed with the DOAH raising additional issues relating to the remedial amendments. Subsequent to the remedial amendment proceedings before the DOAH, Broward County and the Department of Community Affairs entered into a Stipulated Settlement Agreement in which Broward County agreed to take action to consider the rescission of Ordinance 96-30, the original amendments, and the remedial amendments.

Broward County adopted Ordinance No. 2000-38 in September, 2000, rescinding Ordinance No. 96-30 and the remedial amendments consistent with the Settlement Agreement. Upon adoption of Ordinance No. 2000-38, the Economic Development Council of Broward County, Inc., Building Association of South Florida and the Florida Home Builders Association filed a motion seeking attorneys’ fees and costs pursuant to section 120.595(1), F.S. DOAH closed the files and entered the subject Recommended Order.

No exceptions to the Recommended Order were filed.

As set forth in the DOAH Recommended Order, Section 120.595(1), F.S., provides for an award of attorneys’ fees and costs in challenges to agency action pursuant to Section 120.57(1), F.S. The award may be made to a prevailing party if the "nonprevailing adverse party" is determined by the administrative law judge to have participated in the proceeding for an "improper purpose." The DOAH administrative law judge determined that Broward County is a "nonprevailing adverse party" and that it could not be reasonably concluded that the County participated in the proceeding for an "improper purpose" as defined by Section 120.595(1), Florida Statutes. The DOAH administrative law judge further recommended denial of an award of attorneys’ fees and costs.

RECOMMENDATION:

Authorize the Secretary of the Commission to enter the Draft Final Order denying an award of attorneys’ fees and costs.

BACK-UP:

Economic Development Council of Broward County, Inc., Building Association of South Florida and Florida Home Builders Association’s Motion for Attorneys’ Fees and Costs dated October 3, 2000. (Document from DOAH Proceeding provided for informational purposes.)

Broward County’s Response to Motion for Attorney Fees and Costs dated October 12, 2000. (Document from DOAH Proceeding provided for informational purposes.)

Economic Development Council of Broward County, Inc., Building Association of South Florida and Florida Home Builders Association’s Reply to Broward County’s Response to Motion for Attorney Fees and Costs dated October 24, 2000. (Document from DOAH Proceeding provided for informational purposes.)

DOAH’s Recommended Order on Attorneys’ Fees and Costs received on November 3, 2000. (Distributed to Cabinet Aides under memo dated November 20, 2000.)

Draft Final Order.

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ANNOUNCEMENT

Staff supporting the Administration Commission on growth management related issues has moved from Room 2105 to Room 1703 of the Capitol. Please address deliveries and inquiries relating to growth management issues accordingly. The telephone and facsimile numbers remain the same; telephone number 850-488-7793 and facsimile number 850-922-0666.