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STATE, DEPT. OF COMMUNITY AFFAIRS v. DIV. OF ADMINISTRATIVE HEARINGS, LEE CTY.

No. 91-679.

588 So.2d 272 (1991)

STATE of Florida, DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DIVISION OF ADMINISTRATIVE HEARINGS, LEE COUNTY, 1000 Friends of Florida, Eugene Boyd, Committee of the Islands, Inc., Responsible Growth Management Coalition, Inc., Donna Buhl, City of Fort Myers, Mariner Group, Inc., Mariner Properties, Inc., South Seas Resort Limited Partnership, d/b/a South Seas Plantation, Brenda Sheridan, and Sylvan Zemel, individually and as trustee, et al., Respondents.

District Court of Appeal of Florida, First District.

October 21, 1991.

Attorney(s) appearing for the Case

Karen Brodeen, David J. Russ and Michael Donaldson, Asst. Gen. Counsel, Dept. of Community Affairs, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., John J. Rimes, III, Asst. Atty. Gen., Tallahassee, for respondent Div. of Administrative Hearings.

Kenneth G. Oertel, Scott Shirley, and Segundo J. Fernandez of Oertel, Hoffman, Fernandez & Cole, P.A., Tallahassee, for respondent Lee County.

Thomas W. Reese, St. Petersburg, for respondents Responsible Growth Management Coalition, the Committee of the Islands, Inc. and Donna Buhl.

Russell P. Schropp of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, Elizabeth C. Bowman and David L. Powell, Hopping, Boyd, Green & Sams, Tallahassee, for Sylvan Zemel, individually and as Trustee, et al.

Richard Grosso, Tallahassee, for respondent 1000 Friends of Florida.

Andrew C. Stansell, City Atty., Fort Myers, for respondent City of Fort Myers.

Bruce R. Conroy, Cape Coral, for respondent City of Cape Coral.

SHIVERS, Judge.

The Department of Community Affairs petitions for review of a nonfinal administrative order ruling on the scope of the hearing. The order concludes (1) that the hearing officer is without jurisdiction to interpret, enforce, rescind, or invalidate a stipulated settlement agreement, and (2) that the cases "will proceed as if the settlement agreement did not exist, although the agreement may be admissible for limited purposes not yet apparent." We deny...

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