Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS, MIKA FOWLER, RHEA MILLER, MARGIT MILLER, AND PATRICIA PEARSON
Respondent: JEFFERSON COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Oct. 25, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, April 1, 2003.
Latest Update: Dec. 24, 2024
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STATE OF FLORIDA 4p ")
DEPARTMENT OF COMMUNITY AFFAIRS 4 .//:, Py
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DEPARTMENT OF COMMUNITY AFFAIRS, NEES.
MIKA FOWLER, RHEA MILLER,
MARGIT MILLER and PATRICIA
PEARSON
Petitioners, ~
DEA
v. DOAH No. 01-4156GM
DCA Case No. LC-01-C01
JEFFERSON 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 certain Jefferson County (“County”) Land
Development Regulations (“LDR’s”) adopted by Ordinance No. 02-6, are “consistent” with the
County’s Comprehensive Plan, as that term is utilized in Section 163.3213, Florida Statutes. The
Department issued a Determination of Consistency to find the LDR’s not consistent with the
County’s Comprehensive Plan.
The Department filed a petition challenging the LDR’s, and subsequently entered into a
settlement agreement with the County and other Petitioners.
The Administrative Law Judge issued an Order Closing File.
ORDER
WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED,
and the LDR’s adopted by County Ordinance No. 02-6 are determined to be “consistent” with the
Escambia County Comprehensive Plan.
DONE AND ORDERED in Tallahassee, Florida.
Colleen M. Castille, Secretary
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 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.
CERTIFICATE OF FILING AND SERVICE
1 HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and cogrect copies have been furnished to the
persons listed below in the manner described, on this “J day of April, 2003.
Hi ~ . \
Paula Ford
Agency Clerk
U. S. Mail: Hand Delivery:
Terrell K. Arline, Esquire The Honorable Donald R. Alexander
3205 Brentwood Way Administrative Law Judge
Tallahassee, FL 32309 Division of Administrative Hearings
The DeSoto Building
Scott Shirley, Esquire 1230 Apalachee Parkway
820 East Park Avenue Tallahassee, FL 32399-3060
Suite F-200
Tallahassee, FL 32301 Colin M. Roopnarine
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 01-004156GM
Issue Date |
Proceedings |
Jun. 12, 2003 |
Amended* Final Order filed.
|
Apr. 09, 2003 |
Final Order filed.
|
Apr. 01, 2003 |
Order Closing File issued. CASE CLOSED.
|
Mar. 31, 2003 |
Motion to Close File and Relinquish Jurisdiction (filed by C. Roopnarine via facsimile).
|
Mar. 04, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by April 18, 2003).
|
Mar. 03, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Sep. 30, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by February 28, 2003).
|
Sep. 27, 2002 |
Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings, Stipulated Settlement Agreement (filed by Department via facsimile).
|
Sep. 26, 2002 |
Notice of Change of Physical Location filed by S. Shirley.
|
Sep. 03, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by September 30, 2002).
|
Aug. 29, 2002 |
Status Report (filed by DCA via facsimile).
|
Jul. 03, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by August 30, 2002).
|
Jul. 01, 2002 |
Joint Status Report (filed via facsimile).
|
May 02, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by July 1, 2002).
|
Apr. 30, 2002 |
Status Report filed by Petitioner.
|
Feb. 05, 2002 |
Notice of Appearance (filed by T. Arline).
|
Jan. 28, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by April 30, 2002).
|
Jan. 24, 2002 |
Status Report (filed by Department via facsimile).
|
Nov. 07, 2001 |
Order Placing Case in Abeyance issued (parties to advise status by January 18, 2002).
|
Nov. 05, 2001 |
Joint Response to Initial Order filed.
|
Oct. 29, 2001 |
Initial Order issued.
|
Oct. 25, 2001 |
Agency referral (filed via facsimile).
|
Oct. 23, 2001 |
Determination of Consistency of Jefferson County Ordinance (filed via facsimile). |
Oct. 23, 2001 |
Petition for Formal Administrative Hearing filed.
|