Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: WASHINGTON COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Chipley, Florida
Filed: Feb. 06, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 13, 2009.
Latest Update: Aug. 31, 2009
FINAL ORDER NO. DCA09-GM-297
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs. DOAH Case No. 07-0609GM
WASHINGTON COUNTY,
Respondent,
and
JON FLAIG,
Intervenor.
/
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 Washington County (“County”)
Comprehensive Plan Amendment adopted by Ordinance No. 2006-23 on November 16, 2006, is
“in compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement which required the County to
adopt certain remedial amendments. The County adopted the remedial amendments by
Ordinance No. 2009-1 on June 16, 2009. On July 22, 2009, the Department published its
FINAL ORDER NO. DCA09-GM-297
Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in
compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative
Code. No party filed a challenge to the remedial amendments adopted by Ordinance No. 2009-1
within the 21-day challenge period.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Filing Cumulative Notice of Intent and Request to Relinquish Jurisdiction on August 12,
2009. On August 13, 2009, the Administrative Law Judge issued his Order Closing File. No
Exceptions to the Administrative Law Judge’s Order were filed.
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 in Tallahassee, Florida.
Shaw P. io May Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA09-GM-297
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. DCA09-GM-297
CERTIFICATE OF FILING AND SERVICE
CERTIFICALE OF EEE ————roEOer_rr
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 to the persons listed below in the manner described, on this aA
day of August, 2009.
U. S. Mail:
The Honorable Bram D. E. Canter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
David A. Theriaque, Esquire
Theriaque Vorbeck & Spain
433 North Magnolia Drive
Tallahassee, Florida 32308-5083
Hand Delivery:
Matthew Davis, Esquire
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Paula Ford ;
ency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Thomas Gerald Holley, Esquire
Washington County Attorney
Post Office Box 268
Chipley, Florida 32428
Docket for Case No: 07-000609GM
Issue Date |
Proceedings |
Aug. 31, 2009 |
Final Order filed.
|
Aug. 13, 2009 |
Order Closing File. CASE CLOSED.
|
Aug. 12, 2009 |
Department of Community Affairs' Notice of Filing Cumulative Notice of Intent and Request to Relinquish Jurisdiction filed.
|
Jun. 30, 2009 |
Order of Stay (parties to advise of status by September 30, 2009).
|
Jun. 29, 2009 |
Stipulated Settlement Agreement filed.
|
Jun. 29, 2009 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
May 27, 2009 |
Order Continuing Case in Abeyance (parties to advise status by July 17, 2009).
|
May 22, 2009 |
Status Report filed.
|
Mar. 19, 2009 |
Order Continuing Case in Abeyance (parties to advise status by May 18, 2009).
|
Mar. 12, 2009 |
Status Report filed.
|
Feb. 11, 2009 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Davis) filed.
|
Jan. 16, 2009 |
Order Continuing Case in Abeyance (parties to advise status by March 12, 2009).
|
Jan. 15, 2009 |
Status Report filed.
|
Nov. 26, 2008 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by January 15, 2009).
|
Nov. 25, 2008 |
Petitioner`s Motion to Cancel Hearing and Place Case in Abeyance filed.
|
Jul. 16, 2008 |
Notice of Hearing (hearing set for December 2 and 3, 2008; 9:00 a.m., Central Time; Chipley, FL).
|
Jul. 14, 2008 |
Joint Notice of Available Hearing Dates filed.
|
Jun. 09, 2008 |
Order Requiring Response (parties shall confer and advise the Administrative Law Judge in writing no later than July 14, 2008, of several dates that the parties are available for the final hearing).
|
Jun. 06, 2008 |
Status Report filed.
|
May 27, 2008 |
Amended Motion for a Fourteen (14) Day Extension of Time to Serve a Status Report filed.
|
May 27, 2008 |
Order (Motion for a Fourteen (14) Day Extension of Time to Serve Status Report is granted, status report shall be filed by May 30, 2008).
|
May 22, 2008 |
Motion for a Fourteen (14) Day Extension of Time to serve Status Report filed.
|
Mar. 18, 2008 |
Order Continuing Case in Abeyance (parties to advise status by May 16, 2008).
|
Mar. 14, 2008 |
Status Report and Motion for Additional Sixty (60) Day Abatement of Administrative Proceedings filed.
|
Jan. 09, 2008 |
Order Continuing Case in Abeyance (parties to advise status by March 14, 2008).
|
Dec. 28, 2007 |
Response to Order and Renewed Motion for Additional Ninety (90) Day Abatement of Administrative Proceedings filed.
|
Dec. 20, 2007 |
Order (request to continue the case in abeyance is denied, parties shall advise the Administrative Law Judge in writing no later than December 28, 2007, of mutual dates of availability in February and March 2008).
|
Dec. 14, 2007 |
Status Report and Motion for Additional Ninety (90) day Abatement of Administrative Proceedings filed.
|
Oct. 29, 2007 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by December 14, 2007).
|
Oct. 22, 2007 |
Intervenor Jon Flaig`s Motion to Cancel Final Hearing and for a Forty-Five (45) day Abatement of Administrative Proceedings filed.
|
Oct. 08, 2007 |
Petitioner Department`s First Request for Production from Intervenor Jon Flaig filed.
|
Oct. 08, 2007 |
Petitioner Department`s Notice of Service of First Set of Interrogatories to Intervenor Jon Flaig filed.
|
Oct. 08, 2007 |
Petitioner Department`s First Request for Production from Respondent Washington County filed.
|
Oct. 08, 2007 |
Petitioner Department`s Notice of Service of First Set of Interrogatories to Respondent Washington County filed.
|
Sep. 12, 2007 |
Amended Notice of Hearing (hearing set for December 13 and 14, 2007; 9:30 a.m., Central Time; Chipley, FL; amended as to hearing date and location).
|
Sep. 07, 2007 |
Intervenor Jon Flaig`s Motion to Reschedule the Final Hearing filed.
|
Aug. 13, 2007 |
Order of Dismissal (Intervenors Clifford White and Jenniefer White are dismissed from the case).
|
Aug. 03, 2007 |
Notice of Withdraw of Petition to Intervene filed.
|
May 21, 2007 |
Order of Pre-hearing Instructions.
|
May 21, 2007 |
Notice of Hearing (hearing set for September 25 through 27, 2007; 9:30 a.m., Central Time; Chipley, FL).
|
May 09, 2007 |
Letter to DOAH from K. Brodeen regarding motion to intervene filed and not being added as a party of record filed.
|
May 09, 2007 |
Addendum to Joint Notice of Available Hearing Dates filed.
|
May 07, 2007 |
Joint Notice of Available Hearing Dates filed.
|
May 01, 2007 |
Status Report and Mediation Report filed.
|
Mar. 06, 2007 |
Order on Pending Motions.
|
Feb. 28, 2007 |
Intervenor Jon Flaig`s Emergency Motion to Consolidate Pending Proceedings and to Cancel, or Alternatively, Continue for Ninety (90) Days, the Final Hearing filed.
|
Feb. 21, 2007 |
Response of Washington County to Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Feb. 16, 2007 |
White`s Petition to Intervene filed.
|
Feb. 16, 2007 |
Order Placing Case in Abeyance (parties to advise status by May 1, 2007).
|
Feb. 13, 2007 |
Department`s and Intervenor`s Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Feb. 12, 2007 |
Intervenor Jon Flaig`s Notice of Demand for Informal Mediation filed.
|
Feb. 12, 2007 |
Respondent, Washington County`s Response to Initial Order filed.
|
Feb. 09, 2007 |
Order Granting Petition to Intervene (Jon Flaig).
|
Feb. 07, 2007 |
Petition to Intervene (Jon Flaig) filed.
|
Feb. 06, 2007 |
Initial Order.
|
Feb. 06, 2007 |
Notice of Intent to Find the Comprehensive Plan Amendments Adopted not in Compliance filed.
|
Feb. 06, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Feb. 06, 2007 |
Department of Community Affairs Petition for Formal Administrative Hearing filed.
|
Orders for Case No: 07-000609GM