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DEPARTMENT OF COMMUNITY AFFAIRS vs LAKE COUNTY, 05-000954GM (2005)

Court: Division of Administrative Hearings, Florida Number: 05-000954GM Visitors: 7
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: LAKE COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tavares, Florida
Filed: Mar. 14, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 26, 2009.

Latest Update: Aug. 31, 2009
FINAL ORDER NO. DCA 09-GM-295 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. : DOAH Case No. 05-0954GM LAKE COUNTY, Respondent. FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceeding to determine whether the Lake County Comprehensive Plan Amendment 04-1, adopted on December 21, 2004, by Ordinances 2004-98 (Corbett parcel), 2004-99 (Vrablik parcel), and 2004-90 (Hart parcel), as remediated by Comprehensive Plan Amendments 08-R1, adopted by Ordinance 2008-46 (Corbett parcel), and 09-R1, adopted by Ordinances 2009-31 (Vrablik parcel) and 2009-32 (Hart parcel), pursuant to individual Stipulated Settlement Agreements is “in compliance” with the Local FINAL ORDER NO. DCA 09-GM-295 Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into Stipulated Settlement Agreements which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notices of Intent to find the Plan Amendment and the Remedial Amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. No affected person, as defined by Section 163.3184(1) (a), ‘Florida Statutes, filed a petition challenging the Cumulative Notice, and the time for doing so has expired. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED this day in Tallahassee, Florida. & Pp, Mey General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 09-GM-295 NOTICE OF RIGHTS EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030 (b) (1) (C) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA. 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 09-GM-295 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished by U.S. Mail to each of the persons listed below on this 4 day of , 2009. aula Ford gency Clerk By U.S. Mail The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Sanford Minkoff, Esquire Lake County Attorney P.O. Box 7800 Tavares, Florida 32778-7800 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs Page 4 of 4

Docket for Case No: 05-000954GM
Issue Date Proceedings
Aug. 31, 2009 Final Order filed.
Aug. 26, 2009 Order Closing File. CASE CLOSED.
Aug. 25, 2009 Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
May 05, 2009 Order Continuing Case in Abeyance (parties to advise status by September 30, 2009).
May 04, 2009 Notice of Filing Partial Settlement Agreement (Hart Parcel) filed.
May 04, 2009 Notice of Filing Partial Settlement Agreement (Corbett Parcel) filed.
May 04, 2009 Notice of Filing Partial Settlement Agreement (Vrablik Parcel) filed.
May 04, 2009 Request for Stay of Proceedings filed.
Apr. 14, 2009 Notice of Appearance (filed by L. Norr).
Feb. 20, 2009 Order Continuing Case in Abeyance (parties to advise status by May 22, 2009).
Feb. 16, 2009 Status Report filed.
Nov. 17, 2008 Order Continuing Case in Abeyance (parties to advise status by February 16, 2009).
Nov. 14, 2008 Status Report filed.
Aug. 06, 2008 Order Continuing Case in Abeyance (parties to advise status by November 14, 2008).
Aug. 05, 2008 Status Report filed.
May 13, 2008 Order Continuing Case in Abeyance (parties to advise status by August 8, 2008).
May 09, 2008 Status Report filed.
Mar. 19, 2008 Order Continuing Case in Abeyance (parties to advise status by May 9, 2008).
Mar. 07, 2008 Status Report filed.
Nov. 27, 2007 Order Continuing Case in Abeyance (parties to advise status by March 7, 2008).
Nov. 26, 2007 Status Report filed.
Aug. 21, 2007 Order Continuing Case in Abeyance (parties to advise status by November 26, 2007).
Aug. 17, 2007 Status Report filed.
Jun. 12, 2007 Order Continuing Case in Abeyance (parties to advise status by August 17, 2007).
Jun. 11, 2007 Status Report filed.
Apr. 05, 2007 Order Continuing Case in Abeyance (parties to advise status by June 11, 2007).
Mar. 29, 2007 Status Report filed.
Jan. 16, 2007 Order Continuing Case in Abeyance (parties to advise status by March 30, 2007).
Jan. 12, 2007 Status Report filed.
Dec. 06, 2006 Order Continuing Case in Abeyance (parties to advise status by January 12, 2007).
Dec. 04, 2006 Status Report filed.
Oct. 02, 2006 Order Continuing Case in Abeyance (parties to advise status by December 4, 2006).
Sep. 28, 2006 Status Report filed.
Jul. 05, 2006 Order Continuing Case in Abeyance (parties to advise status by September 29, 2006).
Jul. 03, 2006 Status Report filed.
Mar. 16, 2006 Order Continuing Case in Abeyance (parties to advise status by June 30, 2006).
Mar. 15, 2006 Status Report filed.
Dec. 28, 2005 Order Continuing Case in Abeyance (parties to advise status by March 31, 2006).
Dec. 27, 2005 Status Report filed.
Oct. 04, 2005 Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
Oct. 03, 2005 Status Report filed.
Aug. 01, 2005 Order Continuing Case in Abeyance (parties to advise status by October 7, 2005).
Jul. 29, 2005 Status Report filed.
May 16, 2005 Order Granting Continuance and Placing Case in Abeyance (parties to advise status by August 1, 2005).
May 13, 2005 Department of Community Affairs` Motion to Place Case in Abeyance Pending Negotiation of Settlement filed.
Mar. 24, 2005 Order of Pre-hearing Instructions.
Mar. 24, 2005 Notice of Hearing (hearing set for June 14 through 16, 2005; 9:30 a.m.; Tavares, FL).
Mar. 21, 2005 Response to Initial Order (filed by Petitioner).
Mar. 14, 2005 Initial Order.
Mar. 14, 2005 Notice of Intent to Find Lake County Comprehensive Plan Amendment not in Compliance Docket No. 04-1-NOI-3501-(A)-(N) filed.
Mar. 14, 2005 Statement of Intent to Find Comprhensive Plan Amendment not in Compliance filed.
Mar. 14, 2005 Petition of the Department of Community Affairs filed.

Orders for Case No: 05-000954GM
Issue Date Document Summary
Aug. 27, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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