Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF LEESBURG
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Leesburg, Florida
Filed: Sep. 16, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 23, 2003.
Latest Update: Dec. 24, 2024
@.
FINAL ORDER NO. DCA03-Gia- 29 .
Wk,
STATE OF FLORIDA y
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner, TOT Chetecf
Vv. DOAH Case No. 02-3602GM
CITY OF LEESBURG,
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
The City of Leesburg adopted Comprehensive Plan Amendment
Q1-1 by Ordinance No. 01-62 on December 10, 2001. The Department
reviewed the Amendment, determined that a portion of it was not
consistent with State law, and caused to be published a Notice of
Intent to find that portion of the Amendment not “in compliance”
with the Local Government Comprehensive Planning and Land
Development Regulation Act, Chapter 163, Part II, Florida
Statutes. The Department then instituted this administrative
proceeding against the City. See Fla. Stat. § 163.3184(10).
FINAL ORDER NO. DCA03-GM~299
After initiation of the administrative proceeding, the City
and Department entered into a Stipulated Settlement Agreement
which required the City to adopt certain remedial amendments.
The City adopted the remedial amendments, and the Department
subsequently caused to be published a Cumulative Notice of Intent
to find the original Amendment and the remedial Amendments “in
compliance.”
The Department then filed a Motion to Relinquish
Jurisdiction with the Division of Administrative Hearings. The
Administrative Law Judge issued his Order Relinquishing
Jurisdiction and Closing File.
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.
m™
Ald CY phe,
Colleen M. Castille, Se retary
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)@)
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
Page 2 of 83
FINAL ORDER NO. DCA03-GM-299
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.
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 pergons, listed below in the manner described, on
this */2> day of {Efi , 2003.
Wu.
Paula Ford
Agency Clerk
U. S. Mail:
The Honorable J. Lawrence Johnston
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Linda Loomis Shelley
Fowler, White, Boggs & Banker
Post Office Box 11240
Tallahassee, Florida 32302-3240
Steven M. Samaha
Attorney at Law
Post Office Box 3433
Tampa, Florida 33601-3433
Hand Delivery:
Shaw Stiller
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 3 of 3
Docket for Case No: 02-003602GM
Issue Date |
Proceedings |
Nov. 03, 2003 |
Final Order filed.
|
Oct. 23, 2003 |
Order Closing File. CASE CLOSED.
|
Oct. 22, 2003 |
Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 15, 2003 |
Order Continuing Case in Abeyance (parties to advise status by October 13, 2003).
|
Jul. 14, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Apr. 07, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by July 7, 2003).
|
Apr. 04, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Jan. 24, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by March 25, 2003).
|
Jan. 21, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Sep. 30, 2002 |
Order Placing Case in Abeyance issued (parties to advise status by January 3, 2003).
|
Sep. 26, 2002 |
Joint Response to Initial Order (filed by Petitioner via facsimile).
|
Sep. 19, 2002 |
Initial Order issued.
|
Sep. 16, 2002 |
Stipulated Settlement Agreement filed.
|
Sep. 16, 2002 |
Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
|
Sep. 16, 2002 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|