FINAL ORDER NO. DCA03-GM-084 STATE OF FLORIDA Op in DEPARTMENT OF COMMUNITY AFFAIRS by ~ - , ey, DEPARTMENT OF COMMUNITY AFFAIRS, te ae “Ly, Petitioner, . ‘Sp Pp vs. in DOAH CASE NO. 02-36266M DR CALHOUN COUNTY, Ciosect 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 Calhoun Beach County (County) Comprehensive Plan Amendment 02-1ER, adopted by Ordinance No. 2002-02 on May 21, 2002, 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 II, Florida Statutes, FINAL ORDER NO. DCA03-GM-084 and Rule 9J-5, Florida Administrative Code. A copy of the Cumulative Notice of Intent is attached to this Final Order as Exhibit B. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued his Order Relinquishing Jurisdiction and 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. ify 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. 2 FINAL ORDER NO. DCA03-GM-084 CERTIFICATE OF FILING AND SERVICE 1 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_42/ 790) day of March, 2003. we (\ iouan Stuste0 Paula Ford V 5 JOW Agency Clerk y U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Colin M. Roopnarine Division of Administrative Hearings Assistant General The DeSoto Building Department of Community Affairs 1230 Apalachee Parkway 2555 Shumard Oak Boulevard Tallahassee, FL 32399-1550 Tallahassee, Florida 32399-2100 H. Matthew Fuqua, Esq. County Attorney Bondurant and Fuqua, P.A. P.O. Box 1508 Marianna, Florida 32447 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, CALHOUN COUNTY, ) ) ) ) vs. ) Case No. 02-3626GM° ">... ) ) ) Respondent . ) ) 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, it is, therefore, ORDERED that: 1. Petitioner's Motion to Close File and Relingquish Jurisdiction is granted. 2. The file of the Division of administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the agency. DONE AND ORDERED this 11th day of March, 2003, in Tallahassee, Leon County, Florida. a ae 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 Filed with the Clerk of the Division of Administrative Hearings this lith day of March, 2003. COPIES FURNISHED: H. Matthew Fuqua, Esquire Bondurant and Fuqua, P.A. Post Office Box 1508 Marianna, Florida 32447 Colin M. Roopnarine, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 1 of 2 Published in the Calhoun County Records on March 5, 2003 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND THE CALHOUN COUNTY COMPREHENSIVE PLAN AMENDMENTS AND REMEDIAL COMPREHENSIVE PLAN AMENDMENTS IN COMPLIANCE DOCKET NO. 02R1-NOI-0701-(A)-(1) The Department issues this cumulative notice of intent to find the Calhoun County Comprehensive Plan Amendments adopted by Ordinance No. 2002-02 on May 21, 2002 and the remedial amendments adopted by Ordinance No. 2002-07 on December 17, 2002, INCOMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S. The adopted Calhoun County Comprehensive Plan Amendments and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Calhoun County Clerk's Office, 20859 Southeast Central Avenue East, Blountstown, Florida 32424. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the original Calhoun County Comprehensive Plan Amendments and Remedial Amendments are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. Ifa petition is filed, other affected persons may petition for leave to intervene in the proceeding. A petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to hitp://www.dca.state.fl.us/fdep/Advisories/Calhoun%20County%2002R1.htm 3/18/2003 Page 2 of 2 intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -s-Charles Gauthier, AICP Chief, Bureau of Local Planning Department of Community Affairs Division of Community Planning 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 http://www.dca.state.fl.us/fdep/Advisories/Calhoun%20County%2002R1.htm 3/18/2003

Docket for Case No: 02-003626GM