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DEPARTMENT OF COMMUNITY AFFAIRS vs PASCO COUNTY, 04-002333GM (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002333GM Visitors: 8
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PASCO COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: New Hope, Florida
Filed: Jul. 06, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 12, 2005.

Latest Update: Jul. 08, 2024
STATE OF FLORIDA VISION Q DEPARTMENT OF COMMUNITY AFFAIRS ADMINIS TRA | DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case No. 04-2333GM PASCO 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 Pasco County’s (County) Comprehensive Plan Amendment adopted by Ordinance No. 04-17 on April 27, 2004, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, 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, on July 17, 2005, 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, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA05-GM-214 The Department subsequently filed with the Division of Administrative Hearings a Motion to Relinquish Jurisdiction. On August 12, 2005, the Administrative Law Judge issued his Order Relinquishing Jurisdiction to the Department 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. Thaddeus L. Cohen, AIA, Secretary 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 1S 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., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA05-GM-214 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 Mevember 2005. Decembr U.S. Mail: The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 David Goldstein, Esquire Pasco County Attorney’s Office 7530 Little Road, Suite 340 New Port Richey, Florida 34654-5598 Hand Delivery: Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 Paula Ford a a Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 04-002333GM
Issue Date Proceedings
Dec. 12, 2005 Final Order filed.
Aug. 12, 2005 Order Closing File. CASE CLOSED.
Aug. 09, 2005 Motion to Close File and Relinquish Jurisdiction filed.
Aug. 04, 2005 Status Report filed.
Apr. 20, 2005 Order Continuing Case in Abeyance (parties to advise status by August 8, 2005).
Apr. 19, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Jan. 18, 2005 Order Continuing Case in Abeyance (parties to advise status by April 19, 2005).
Jan. 14, 2005 Status Report and Motion for Continuance (filed by Petitioner).
Dec. 17, 2004 Order Continuing Case in Abeyance (parties to advise status by January 19, 2005).
Dec. 17, 2004 Status Report and Motion for Continuance filed.
Nov. 22, 2004 Order Continuing Case in Abeyance (parties to advise status by December 20, 2004).
Nov. 18, 2004 Status Report and Motion for Continuance (filed by Petitioner via facsimile).
Nov. 12, 2004 Notice of Substitution of Counsel for Department of Community Affairs (filed via facsimile).
Sep. 15, 2004 Order Continuing Case in Abeyance (parties to advise status by November 19, 2004).
Sep. 15, 2004 Status Report (via efiling by Craig Varn).
Jul. 21, 2004 Order Placing Case in Abeyance (parties to advise status by September 20, 2004).
Jul. 20, 2004 Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
Jul. 06, 2004 Notice of Intent to Find the Pssco County Amendment(s), No.(s)04-1(8), Adopted by Ordinance No. 04-17 on April 27, 2004 not in Compliance, and the remaining Amendment(s) Adopted Pursuant to Ordinance 04-11 thru 04-16 and 04-18, in Compliance Docket No. 04-1-NOI-5101-(A)-(N) (filed via facsimile).
Jul. 06, 2004 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance (filed via facsimile).
Jul. 06, 2004 Department of Community Affairs` Petition for Formal Administrative Hearing (filed via facsimile).
Jul. 06, 2004 Initial Order.
Source:  Florida - Division of Administrative Hearings

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