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
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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.
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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.
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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).
|