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DEPARTMENT OF COMMUNITY AFFAIRS vs FRANKLIN COUNTY, 04-003626GM (2004)

Court: Division of Administrative Hearings, Florida Number: 04-003626GM Visitors: 24
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: FRANKLIN COUNTY
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: Apalachicola, Florida
Filed: Oct. 05, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 27, 2006.

Latest Update: Dec. 25, 2024
Feb 21 2006 $:23 2/21/2086 88:28 B589222679 DCA GENERAL COUNSEL PAGE @1/85 FINAL ORDER NO. DCA06-GM-050 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS Petitioner, vs. FRANKLIN COUNTY, DOAH Case Nos, 04-3626GM 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 Franklin County (“County”) Comprehensive Plan Amendment 04-1, adopted by Ordinance No. 2004-37, on July 20, 2004 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part H, 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 of Community Affairs (“Department”) subsequently published tts 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 Adminisirative Code. Feb 21 2006 3:24 2/21/2086 88:28 B589222679 DCA GENERAL COUNSEL PAGE 82/85 FINAL ORDER NO. DCA06-GM-050 The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued his Order Closing File (copy attached hereto as Exhibit A). No Exceptions to the Administrative Law Judge's Order were filed. RDER 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. ~ Hows L Cctew Thaddeus L. Cohen, AIA, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2355 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 32399-2] 00, 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., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. Feb 21 2006 3:24 2/21/2086 88:28 B589222679 DCA GENERAL COUNSEL PAGE 83/85 FINAL ORDER NO. DCA06-GM-050 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 thi day of February, 2006. : 4 aula Ford gency Clerk U.S. Mail: Hand Delivery: Thomas M. Shuler, Esquire Kelly A. Martinson, Esquire Shuler & Shuler Department of Community Affairs P.O. Box 850 2555 Shumard Oak Boulevard Apalachicola, Florida 32329 Tallahassee, Florida 32399-2100

Docket for Case No: 04-003626GM
Issue Date Proceedings
Feb. 21, 2006 Final Order filed.
Jan. 27, 2006 Order Closing File. CASE CLOSED.
Jan. 27, 2006 Motion to Close File and Relinquish Jurisdiction filed.
Dec. 28, 2005 Order Continuing Case in Abeyance (parties to advise status by February 3, 2006).
Dec. 22, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Oct. 20, 2005 Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
Oct. 20, 2005 Stipulated Settlement Agreement filed.
Oct. 20, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Aug. 24, 2005 Notice of Transfer.
Jul. 20, 2005 Order Continuing Case in Abeyance (parties to advise status by October 20, 2005).
Jul. 20, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Apr. 20, 2005 Order Continuing Case in Abeyance (parties to advise status by July 20, 2005).
Apr. 19, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Jan. 19, 2005 Order Continuing Case in Abeyance (parties to advise status by April 19, 2005).
Jan. 19, 2005 Status Report and Motion for Continued Abeyance of Proceedings (filed by Petitioner).
Dec. 17, 2004 Notice of Substitution of Counsel for Deparment of Community Affairs (filed by K. Martinson, Esquire).
Oct. 21, 2004 Order Placing Case in Abeyance (parties to advise status by January 20, 2005).
Oct. 20, 2004 Response to Initial Order (filed by Petitioner via facsimile).
Oct. 12, 2004 Franklin County`s Response to Initial Order (filed via facsimile).
Oct. 05, 2004 Initial Order.
Oct. 05, 2004 Statement of Intent to find Comprehensive Plan Amendments not in Compliance (filed via facsimile).
Oct. 05, 2004 Petition for Formal Administrative Hearing (filed via facsimile).
Oct. 05, 2004 Department of Community Affairs Notice of Intent to find the Franklin County Comprehensive Plan not in Compliance Docket No. 04-1-NOI-1901-(A)-(N) filed via facsimile.
Oct. 05, 2004 Agency referral (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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