Title: Opinion File 78-43 thru 78-45
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Permanent Link: http://ufdc.ufl.edu/WL00003533/00001
 Material Information
Title: Opinion File 78-43 thru 78-45
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-43 thru 78-45
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 85
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003533
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


78 43

KEY WORDS: ---
October 11, 1978 -
MEMO ,"""" ". "n

TO: LMB
FR: TEC
RE: Intervention in pending administrative proceeding/
East County Water Control District Application for
Conceptual Approval of Surface Water Management
System

The Eastern Lee County Improvement Association, Inc. needs
to accomplish the following tasks in order to become a party
to the pending administrative proceeding:
1. The "substantial interests" of the Association which
will be affected by action on the pending application need to
be identified.
The Florida Administrative Procedures Act defines
a "Party" to include any person whose substantial interest will
be affected by proposed agency action, and who makes an appearance
as a party. F.S. 120.52(10).

2. A check should be made to see whether the association,
as a matter of constitutional right, provision of statute, or
provision of agency regulation, is entitled to participate in
the proceeding. F.S. 120.52(10).
The Environmental Protection Act of 1971 does not
appear to afford the association standing to intervene. -In
pertinent part this act provides:
In any administrative proceedings
authorized by law for the protection of
the water, or other natural resources
of the state from pollution, impairment or
destruction, the Department of Legal Affairs,
a political subdivision or municipality of
this state, or a citizen of the state shall
have standing to intervene F.S. 403.412(5).

3. The association must decide whether it wishes to
support or oppose the pending application.
The rules of the South Florida Water Management
District provide in part as follows:






S44

Memo to LMB
SPage Two
October 11, 1978

An intervenor may support or oppose the
original parties, but must declare his
position and allege sufficient facts in
support thereof at the time of requesting
intervention. Rule 16K-1.111(2)(e), F.A.C.

4. A Petition To Intervene As a Party must be filed with
the hearing officer, to be received by the Division of
Administrative Hearings more than five (5) days before the
date set for final hearing. Copies must be served on all parties
of record and proof of such service must accompany the original
Petition To Intervene. Rule 221-2.13, F.A.C.

Please note that under the rules of South Florida Water
Management District the Petition for Leave to Intervene may be
filed with the hearing officer at any time up to the recording of
appearances of parties at the hearing. Rule 16K-1.111(2)(e), F.A.C.

5. The Petition To Intervene As a Party should show:

(a) STANDING:
1. The Petition to Intervene must state with
particularity the substantial interests of the
intervenor which are subject to determination by
the outcome of the agency decision. Rule 221-2.13,
F.A.C.
2. The Petition to Intervene must state with
particularity the substantial interests of the
intervenor and show that these interests are subject
to determination by the agency action. Rule 28-5.25(3)(a),
F.A.C.
3. Sufficient facts should be alleged to show
that substantial interests of the association will
be affected by the proposed agency action. F.S. 120.52(10)(b).

(b) DECLARATION OF POSITION:
1. Rule 16K-1.111(2)(e) of the South Florida
Water Management District requires an intervenor to
"declare his position at the time of request-
ing intervention.


_ ____ __






S 78-45

Memo to LMB
Page Three
October 11, 1978


(c) SUBSTANTIVE MATTERS:
1. The rules of the Division of Adminis-
trative Hearings require a Motion to Intervene
to be accompanied by a Petition which complies
with the Division's rules for a petition.
Rule 221-2.13, F.A.C.
2. The Division of Administrative Hearings
requires all petitions to contain the following:
(a) The name and address of each
agency affected and each agency's
file or identification number,
if known.
(b) The name and address of the petitioner
or petitioners;
(c) All disputed issues of material
fact. If there are none, the
petition must so indicate;
(d) A concise statement in ordinary
language of the ultimate facts alleged
and the rules, regulations and
constitutional provisions which
entitle the petitioner to relief;

(e) A statement summarizing any informal
action taken to resolve the issues
and the results of that action;

(f) A demand for the relief to which
the petitioner deems himself entitled;

(g) Such other information which the
petitioner contends is material; and

(h) Proof of service on the agency or
agencies affected. Rule 221-2.02, F.A.C.



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