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DEPARTMENT OF COMMUNITY AFFAIRS vs PUTNAM COUNTY, 08-004273GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004273GM Visitors: 19
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PUTNAM COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Palatka, Florida
Filed: Aug. 29, 2008
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-296. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 08-4273GM PUTNAM COUNTY, Respondent, and PLUM CREEK LAND COMPANY, 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 Putnam County Comprehensive Plan Amendment 08-1, adopted by Ordinance 2008-20 on June 24, 2008, as remediated by Comprehensive Plan Amendment O9-R1, adopted by Ordinance 2009-25, on June 23, 2009, is “in compliance” with the Local Government Comprehensive Planning and FINAL ORDER NO. DCA 09-GM-296 Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its 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 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. Shaw P. Stiller™’General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ‘FINAL ORDER NO. DCA 09-GM-296 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-296 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 day of Agee , 2009, Paula Ford Agency Clerk By U.S. Mail The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Russell D. Castleberry,. Esquire Putnam County Attorney 518 St. Johns Avenue Post Office Box -758 Palatka, Florida 32178-0758 Cari Roth, Esquire Bryant Miller Olive 101 North Monroe Street, Suite 900 Tallahassee, Florida 32301 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs Page 4 of 4

Docket for Case No: 08-004273GM
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.
Jun. 30, 2009 Order Continuing Case in Abeyance (parties to advise status by October 30, 2009).
Jun. 29, 2009 Stipulated Settlement Agreement filed.
Jun. 29, 2009 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Jun. 22, 2009 Order Continuing Case in Abeyance (parties to advise status by July 17, 2009).
Jun. 17, 2009 (Petitioner's) Status Report filed.
May 19, 2009 Order Continuing Case in Abeyance (parties to advise status by June 17, 2009).
May 18, 2009 (Petitioner`s) Status Report filed.
Apr. 08, 2009 Order Continuing Case in Abeyance (parties to advise status by May 18, 2009).
Apr. 08, 2009 Status Report filed.
Feb. 03, 2009 Order Continuing Case in Abeyance (parties to advise status by April 3, 2009).
Feb. 02, 2009 Status Report filed.
Dec. 04, 2008 Order Continuing Case in Abeyance (parties to advise status by February 2, 2009).
Dec. 04, 2008 Status Report filed.
Oct. 14, 2008 Order Granting Leave to Intervene (Plum Creek Land Company).
Oct. 14, 2008 Petition of Plum Creek Land Company for Leave to Intervene filed.
Sep. 08, 2008 Order Placing Case in Abeyance (parties to advise status by December 4, 2008).
Sep. 05, 2008 Response to Initial Order and Request for Case to be Placed in Abeyance filed.
Sep. 02, 2008 Initial Order.
Aug. 29, 2008 Notice of Intent to Find the Putnam County Amendments Adopted by Ordinance No. 2008-20 Not in Compliance filed.
Aug. 29, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Aug. 29, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.

Orders for Case No: 08-004273GM
Issue Date Document Summary
Aug. 27, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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