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DEPARTMENT OF COMMUNITY AFFAIRS, MIKA FOWLER, RHEA MILLER, MARGIT MILLER, AND PATRICIA PEARSON vs JEFFERSON COUNTY, 01-004156GM (2001)

Court: Division of Administrative Hearings, Florida Number: 01-004156GM Visitors: 22
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
03 ies STATE OF FLORIDA 4p ") DEPARTMENT OF COMMUNITY AFFAIRS 4 .//:, Py Ray is ! 935 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.
Source:  Florida - Division of Administrative Hearings

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