Ocoee attorneys say Department of Commerce letter on Envision 2045 was issued in error; commission OKs preserving appeal rights

City attorneys told the Ocoee River City Commission on Sept. 16 that a letter from the Florida Department of Commerce saying the city’s newly adopted Envision 2045 comprehensive plan is “null and void” was sent in error and that the city should preserve its right to seek review before the Division of Administrative Hearings.

The city attorney said the commission adopted Envision 2045 with an “opt out” provision that allows property owners to request regulation under the earlier plan if they believe a provision is more restrictive. He said that provision makes the city compliant with Senate Bill 180’s restrictions on adopting more restrictive comprehensive-plan amendments during the statutory window. “We do not believe that [the Department of Commerce] has the authority to do so,” the city attorney said, adding that the department “specifically overlooked the opt out provision and that is critical and that is fatal to the Department of Commerce’s position.”

The attorney told the commission that his office has asked the Department of Commerce to rescind its Aug. 27 letter and that staff will attempt to resolve the matter informally first. He said, however, that there is a 30-day window from receipt of the department’s letter in which the city must file a proceeding at the Division of Administrative Hearings to avoid waiving its rights. To preserve those rights, the attorney asked for consensus that the city file a petition with the Department of Administrative Hearings if informal negotiations fail.

Why it matters: The dispute concerns whether the city’s newly adopted comprehensive plan is legally more restrictive or burdensome than the prior plan within the timeframe governed by Senate Bill 180. If the Department of Commerce’s letter is treated as a final determination and the city does not timely seek administrative review, the city could forfeit its ability to challenge that determination.

Commission discussion and next steps Commissioners expressed support for preserving the city’s rights. Several commissioners said they agreed with the city attorney’s view that the opt-out language was intended to preserve compliance with SB 180. A consensus was recorded in the meeting transcript that the city should move to preserve its administrative rights; commissioners indicated no need for a formal motion.

City staff said they would continue negotiations with the Department of Commerce and would notify the commission if a hearing before an administrative law judge becomes necessary. The attorney emphasized they remain hopeful the department will rescind its letter after reviewing the opt-out provision.

Authorities and legal claims The commission’s discussion referenced Senate Bill 180 and chapter 163 of the Florida Statutes (planning and growth management), and the city’s Envision 2045 comprehensive plan and its adoption resolution. The city attorney also referenced the process available through the Division of Administrative Hearings as the forum to preserve the city’s challenge rights.

What the record shows The commission did not take a formal vote; the transcript records multiple commissioners saying “Yes” and that a motion was not required. The city attorney confirmed staff had sent a letter asking the Department of Commerce to rescind its initial notice and said staff would bring a petition to the Division of Administrative Hearings if needed to preserve the city’s rights.