Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: FLAGLER COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Bunnell, Florida
Filed: Oct. 09, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 22, 2003.
Latest Update: Dec. 24, 2024
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Final Order No. peggrentins= Pr
STATE OF FLORIDA Dn 2:03
DIVISION OF ADMINISTRATIVE HEARINGS ADMIN SIE Nog
HEADIRAT
DEPARTMENT OF COMMUNITY AFFAIRS, ARinGs (VE
Petitioner,
and
FLORIDA WILDLIFE FEDERATION, TH
TU chore
Intervenor, DOAH Case No. 01-3912GM
Vv. Case No. DCA03-GM-029
FLAGLER COUNTY,
Respondent.
/
FINAL ORDER
An Administrative Law J udge 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 Flagler County Comprehensive Pian
Amendment 01-1, adopted by Ordinance No. 2002-13 on August 2, 2001, 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
Final Order No. DCA03-GM-029
and the remedial amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes,
and Rule 9J-5, Florida Administrative Code.
The Department subsequently filed a Motion to Relinquish Jurisdiction. The
Administrative Law Judge issued his Order Closing File (copy attached hereto). 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.
Le M. Céstille, os
UNITY AFFAIRS
DEPARTMENT OF CO
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., ISNOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
Final Order No. DCA03-GM-029
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 to the persons listed below in the manner described, on this
day of , 2003.
Paula Ford
Agency Clerk
Car} Kern, Esquire Laura Feagin, Esquire
1200 East Moody Blvd Lewis, Longman & Walker, P.A.
Box 11 Post Office Box 10788
Bunnell, Florida 32110 Tallahassee, FL. 32302
Thomas W. Reese, Esquire
2951 61% Avenue, South
St. Petersburg, Florida 33712
Docket for Case No: 01-003912GM
Issue Date |
Proceedings |
Jan. 31, 2003 |
Final Order filed.
|
Jan. 22, 2003 |
Order Closing File issued. CASE CLOSED.
|
Jan. 17, 2003 |
Corrected Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jan. 16, 2003 |
Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Sep. 30, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by January 14, 2003).
|
Sep. 30, 2002 |
(Joint) Stipulated Settlement Agreement filed.
|
Sep. 30, 2002 |
Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed by Petitioner.
|
Sep. 03, 2002 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 3, 2002).
|
Aug. 30, 2002 |
Joint Motion for Continuance filed.
|
Aug. 07, 2002 |
Notice of Service of Department of Community Affairs` First Set of Interrogatories to Respondent Flagler County filed.
|
Aug. 01, 2002 |
Notice of Serving Interrogatories filed by Respondent
|
Jul. 09, 2002 |
Order Granting Counsel Leave to Withdraw issued.
|
Jul. 05, 2002 |
Order Permitting Withdrawal of Mary D. Hansen as Counsel of Record for Flagler County filed.
|
Jul. 05, 2002 |
(Proposed) Order Permitting Withdrawal of Mary D. Hansen as Counsel of Record for Flagler County filed.
|
Jul. 05, 2002 |
Motion for leave to Withdraw as Counsel of Record for Flagler County filed by Respondent.
|
Jul. 02, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 24 and 25, 2002; 9:00 a.m.; Bunnell, FL).
|
Jun. 28, 2002 |
Joint Motion for Continunace filed.
|
Jun. 27, 2002 |
Notice of Appearance filed by E. Steinmeyer.
|
Jun. 05, 2002 |
Notice of Substitution of Counsel for Department of Community Affairs filed.
|
May 23, 2002 |
Notice of Mediation filed by Respondent.
|
May 03, 2002 |
Joint Case Management Report (filed via facsimile).
|
Feb. 20, 2002 |
Order of Pre-hearing Instructions issued.
|
Feb. 20, 2002 |
Notice of Hearing issued (hearing set for July 24 and 25, 2002; 9:00 a.m.; Bunnell, FL).
|
Jan. 25, 2002 |
Order Denying Petition to Intervene Without Prejudice issued.
|
Jan. 24, 2002 |
Petition to Intervene filed by M. Hansen.
|
Jan. 18, 2002 |
Status Report (filed by Petitioner via facsimile).
|
Jan. 04, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by January 18, 2002).
|
Dec. 19, 2001 |
Status Report (filed by Petitioner via facsimile).
|
Nov. 30, 2001 |
Notice of Appearance (filed by Respondent via facsimile).
|
Nov. 27, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by December 19, 2001).
|
Nov. 27, 2001 |
Status Report filed by Petitioner.
|
Nov. 06, 2001 |
Order Granting Leave to Intervene issued (Florida Wildlife Federation).
|
Nov. 02, 2001 |
Florida Wildlife Federation`s Petition to Intervene as Pettioner-in-Intervention (filed via facsimile).
|
Oct. 25, 2001 |
Order Placing Case in Abeyance issued (parties to advise status by November 19, 2001).
|
Oct. 18, 2001 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Oct. 10, 2001 |
Initial Order issued.
|
Oct. 09, 2001 |
Objections, Recommendations and Comments for Flagler County filed.
|
Oct. 09, 2001 |
Notice of Intent to find the Flagler County Comprehensive Plan Amendments Not in Compliance filed.
|
Oct. 09, 2001 |
Petition for Formal Administrative Hearing filed.
|