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DEPARTMENT OF COMMUNITY AFFAIRS vs BROWARD COUNTY, 08-003767GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003767GM Visitors: 5
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: BROWARD COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Fort Lauderdale, Florida
Filed: Jul. 30, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 7, 2009.

Latest Update: Jun. 16, 2011
FINAL ORDER NO. DCA09-GM-143 ok $3 Pog STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No.: 08-3767GM BROWARD 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 Broward County’s (“County”) Comprehensive Plan Amendment adopted by Ordinance No. 2008-33 on June 24, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (“Act”). The parties entered into a Compliance Agreement which required the County to adopt a remedial amendment. The County adopted the remedial amendment on March 24, 2009. The Department subsequently filed with the Division of Administrative Hearings a Notice of Filing Compliance Agreement and Remedial Amendment. On May 7, 2009, the Administrative Law Judge issued his Order Closing File. No Exceptions to the Administrative Law Judge’s Order were filed. FINAL ORDER NO. DCA09-GM-143 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. Stiller e General Counsel 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-143 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 correc copies have been furnished to the persons listed belay in the manner described, on this _/ x — day of May, 2009. - y / ) 1. ( U. S. Mail: Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Hand Delivery: L. Mary Thomas, Esquire Department of Community Affairs 2555 Shumard Oak Bivd. Tallahassee, Florida 32399 Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Maite Azcoitia Broward County Attorney’s Office 115 South Andrews Avenue, Suite 423 Fort Lauderdale, Florida 33301-1826

Docket for Case No: 08-003767GM
Issue Date Proceedings
Jun. 16, 2011 Agency Amended Final Order filed.
Oct. 07, 2009 Order Vacating Final Order filed.
May 21, 2009 Final Order filed.
May 07, 2009 Order Closing File. CASE CLOSED.
Apr. 28, 2009 Order Continuing Case in Abeyance (parties to advise status by July 3, 2009).
Apr. 27, 2009 Notice of Filing Compliance Agreement and Remedial Amendment filed.
Mar. 05, 2009 Notice of Substitution of Counsel for Department of Community Affairs (R. Shine) filed.
Feb. 12, 2009 Order Continuing Case in Abeyance (parties to advise status by May 15, 2009).
Feb. 11, 2009 Status Report filed.
Dec. 17, 2008 Order Continuing Case in Abeyance (parties to advise status by February 27, 2009).
Dec. 15, 2008 Status Report filed.
Oct. 15, 2008 Order Continuing Case in Abeyance (parties to advise status by December 15, 2008).
Oct. 15, 2008 Status Report filed.
Oct. 02, 2008 Order (Joint Motion for Extension of Time to File Status Report Until October 15, 2008, is granted).
Oct. 01, 2008 Joint Motion for Extension of Time to File Status Report Until October 15, 2008 filed.
Sep. 29, 2008 Broward County`s Response in Opposition to Amended Petition to Intervene Filed by the South Florida Regional Planning Council filed.
Sep. 23, 2008 Notice of Unavailability filed.
Sep. 18, 2008 South Florida Regional Planning Council`s Amended Petition to Intervene filed.
Sep. 08, 2008 Order (Petition is denied, without prejudice to the Council`s filing an amended petition within ten days from the date of this Order).
Aug. 26, 2008 Broward County`s Response in Opposition to Petition to Intervene Filed by the South Florida Regional Planning Council filed.
Aug. 19, 2008 South Florida Regional Planning Counsil`s Petition to Intevene filed.
Aug. 06, 2008 Order Placing Case in Abeyance (parties to advise status by October 8, 2008).
Aug. 05, 2008 Response to Initial Order filed.
Jul. 31, 2008 Initial Order.
Jul. 30, 2008 Petition for Formal Administrative Hearing by the Florida Department of Community Affairs filed.
Jul. 30, 2008 Agency referral filed.

Orders for Case No: 08-003767GM
Issue Date Document Summary
Jun. 16, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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