661 So.2d 1190 (Fla. 1995), 84545, Santa Rosa County v. Administration Com'n, Div. of Administrative Hearings
|Citation:||661 So.2d 1190, 20 Fla. L. Weekly S 536|
|Party Name:||SANTA ROSA COUNTY, Florida, Petitioner, v. ADMINISTRATION COMMISSION, DIVISION OF ADMINISTRATIVE HEARINGS, et al., Respondents.|
|Case Date:||July 13, 1995|
|Court:||Supreme Court of Florida|
Rehearing Denied Oct. 12, 1995.
Kenneth G. Oertel and M. Christopher Bryant of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee; and Thomas V. Dannheisser, County Attorney, Santa Rosa County, Milton, for Petitioner.
David L. Jordan, Deputy General Counsel; Stephanie M. Callahan, Assistant General Counsel and Dan Stengle, General Counsel, Department of Community Affairs, Tallahassee, for Respondents.
We have for review Santa Rosa County v. Administration Commission, Division of Administrative Hearings, 642 So.2d 618 (Fla. 1st DCA 1994), in which the First District certified the following question:
DOES A COUNTY HAVE STANDING TO CHALLENGE BY A DECLARATORY ACTION THE CONSTITUTIONALITY OF A STATUTE OR RULE WHICH INDIRECTLY REQUIRES THE COUNTY TO EXPEND PUBLIC FUNDS IN ORDER TO COMPLY WITH THE MANDATES OF SUCH STATUTE OR RULE, AND FURTHER PROVIDES FOR A POTENTIAL LOSS OF REVENUE TO THE COUNTY IN THE EVENT OF NONCOMPLIANCE?
Id. at 624. We have jurisdiction pursuant to article V, section 3(b)(4), of the Florida Constitution.
Facts and Proceedings Below
On April 2, 1990, pursuant to section 163.3161, Florida Statutes (1989), Santa Rosa County submitted a proposed comprehensive plan to the Department of Community Affairs (DCA) for written comment. The DCA provided the county with its objections, recommendations, and comments regarding the county's comprehensive plan. Subsequently, by ordinance, the county adopted its comprehensive plan. In response, the DCA issued its "Statement of Intent to Find the Comprehensive Plan Not in Compliance" with Florida Administrative Code Rule 9J-5, and chapter 163, Florida Statutes. The DCA then filed a petition with the Division of Administrative Hearings (DOAH) for a determination that the county's comprehensive plan did not comply with chapter 163.
Almost a year later, the county filed a complaint for declaratory and injunctive relief in Santa Rosa County Circuit Court against the DCA, DOAH, and Don W. Davis in his capacity as hearing officer of DOAH. In its complaint, the county sought a declaration as to the constitutionality of the statutes
and rules being applied in the...
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