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DEPARTMENT OF COMMUNITY AFFAIRS vs FLAGLER COUNTY, 00-000983GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-000983GM Visitors: 23
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: FLAGLER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bunnell, Florida
Filed: Feb. 29, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 29, 2001.

Latest Update: Dec. 23, 2024
FILED FINAL ORDER NO. DCA 01-GM-223 Cee STATE OF FLORIDA ‘lap Hoy DEPARTMENT OF COMMUNITY AFFAIRS DIVISION of , ADMINISTRA ay) VE DEPARTMENT OF COMMUNITY AFFAIRS, HEARINGS Petitioner, vs. DOAH CASE NO. 00-0983GM FLAGLER COUNTY, ia) CA .. 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 Flagler County (County) Comprehensive Plan Amendment 00-1ER, adopted by Ordinance No. 2000-01, on January 3, 2000, 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 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 IJ, Florida Statutes, and Rule 9J-5, Florida Administrative Code. | FINAL ORDER NO. DCA 01-GM-223. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued his Order Closing File (copy attached hereto). 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. DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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 1 IN SECTION 3: 29(3), FLORIDA ST. ATU" ‘ES. 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. Serger - ane ss FINAL ORDER NO. DCA 01-GM-223 CERTIFICATE OF FILING AND SERVICE : I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and spe copies have been furnished to the persons listed below in the manner described, on this £?’—day of December, 2001. Paula Ford gency Clerk U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Colin M. Roopnarine Division of Administrative Hearings Assistant General Counsel The DeSoto Building Department of Community Affairs 1230 Apalachee Parkway 2555 Shumard Oak Boulevard Tallahassee, FL 32399-1550 Tallahassee, Florida 32399-2100 Carl Kern, Esquire Flagler County Attorney’s Office 1200 East Moody Boulevard, No. 11 Bunnell, Florida 32110 aM ponte cent name agree tame te spate a [RECEIVED | STATE OF FLORIDA i i DIVISION OF ADMINISTRATIVE HEARINGS | NOV 3.9 2001 DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 00-0983GM FLAGLER COUNTY, Respondent. we SS SSS SS ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Motion to Close File and Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. The Motion is hereby granted and jurisdiction is relinquished to the Department of Community Affairs. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 29th day of November, 2001, in Tallahassee, Leon County, Floxida. DONALD R.. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building......... 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us

Docket for Case No: 00-000983GM
Issue Date Proceedings
Dec. 07, 2001 Final Order filed.
Nov. 29, 2001 Order Closing File issued. CASE CLOSED.
Nov. 27, 2001 Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Oct. 24, 2001 Notice of Substitution of Counsel for Department of Community Affairs filed.
Oct. 12, 2001 Order Continuing Case in Abeyance issued (parties to advise status by January 25, 2002).
Oct. 11, 2001 Compliance Agreement filed bu Ptitioner.
Oct. 11, 2001 Department of Community Affairs` Notice of Filing Stipulated Settlement Agreement and Motion to Stay Proceedings filed.
Sep. 21, 2001 Order Continuing Case in Abeyance issued (parties to advise status by December 7, 2001).
Sep. 07, 2001 Department of Community Affairs` Status Report and Motion for Continued Abeyance (filed via facsimile).
Aug. 23, 2001 Order issued (Respondent`s Motion for Substitution of Counsel is granted).
Aug. 22, 2001 (Proposed) Order Granting Motion for Substitution of Counsel (filed via facsimile).
Aug. 22, 2001 Motion for Substitution of Counsel (filed by Respondent via facsimile).
Jul. 24, 2001 Order issued (Richard R. Whidden, Jr., Esquire is relieved of all further responsibility in this case).
Jul. 20, 2001 Motion for Substitution of Counsel, Albert Hadeed (filed via facsimile).
Jul. 20, 2001 Order Continuing Case in Abeyance issued (parties to advise status by August 31, 2001).
Jul. 19, 2001 Department of Community Affairs` Status Report and Motion for Conrinued Abeyance (filed via facsimile).
Apr. 13, 2001 Order Continuing Case in Abeyance issued (parties to advise status by June 29, 2001).
Apr. 12, 2001 Department of Community Affairs` Status Report and Motion for Continued Abeyance (filed via facsimile).
Jan. 12, 2001 Order Continuing Case in Abeyance issued (parties to advise status by April 6, 2001).
Jan. 11, 2001 Joint Status Report and Motion for Continued Abeyance (filed via facsimile).
Oct. 18, 2000 Order Continuing Case in Abeyance issued (parties to advise status by January 19, 2001).
Oct. 16, 2000 Joint Status Report and Motion for Continued Abeyance (filed via facsimile).
Jul. 12, 2000 Order Continuing Case in Abeyance sent out. (parties to advise status by October 16, 2000.)
Jun. 30, 2000 Motion for Extension of Abeyance (filed via facsimile)
Mar. 20, 2000 Order Placing Case in Abeyance sent out. (Parties to advise status by June 30, 2000)
Mar. 16, 2000 Joint Response to Initial Order and Motion for Abeyance (filed via facsimile).
Mar. 13, 2000 (Respondent) Request for Formal Administrative Hearing and Affirmative Defense (filed via facsimile).
Mar. 07, 2000 Initial Order issued.
Feb. 29, 2000 Statement of Intent filed.
Feb. 29, 2000 Notice of Intent filed.
Feb. 29, 2000 Petition of the Department of Community Affairs filed.
Feb. 29, 2000 Agency Referral Letter filed.
Source:  Florida - Division of Administrative Hearings

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