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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF DESTIN, 05-001471GM (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001471GM Visitors: 23
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF DESTIN
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Destin, Florida
Filed: Apr. 20, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, February 21, 2006.

Latest Update: Dec. 26, 2024
@a/13/2886 14:83 B589222679 Mar 13 2006 13:59 DCA GENERAL COUNSEL PAGE @1/85 FINAL ORDER NO, DCA06-GM-070 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS Petitioner, vs. CITY OF DESTIN, DOAH Case No. 05-1471GM Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has cntered an Order Closing File in this Proceeding. A copy of the Order is attached to this Final Order ag Exhibit A. BACKGROUND This is a proceeding to determine whether City of Destin (“City”) Comprehensive Plan Amendment 05-1ER, adopted by Ordinance No. 380, on January 31, 2005 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”, The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 93-5, Florida Administrative Cade, @a/13/2886 14:83 B589222679 Mar 13 2006 13:59 DCA GENERAL COUNSEL PAGE 82/85 FINAL ORDER NO. DCA06-GM-070 The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File. 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 fle. DONE AND ORDERED in Tallahassee, Florida, addeus L. Cohen, ALA, ecretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumatd 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. THE FILING FEE SPECIFIED IN SECTION 345 -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, Mar 13 2006 13:59 DCA GENERAL COUNSEL PAGE 83/85 @a/13/2886 14:83 B589222679 FINAL ORDER NO, DCA06-GM-070 CERTIFICATE OF FILING AND SERVICE THEREBY 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 Anfth _, 2006. Paula Ford ff? Aeerey Clerk U. 8. Mail: Hand Delivery: Scott Shirley, Esq. Kelly A. Martinson, Esquire Ard, Shirley & Hartman, P.A, Department of Community Affairs Post Office Box 1874 2535 Shumard Oak Boulevard Tallahassee, Florida 32301 Tallahassee, Florida 32399-2100 Mar 13 2006 14:00 DCA GENERAL COUNSEL PAGE @4/@5 @a/13/2886 14:83 B589222679 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, CITY OF DESTIN, } ) ) ) ) va. ) Case No. 05-1471GM ) } ) 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 the file af the Division of Administrative Hearings in the above-captioned matter is hereby closed, DONE AND ORDERED this 21at day of February, 2006, in Tallahassee, Leon County, Florida, BRAM D. E. CANTER 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.atate.fl.ug Filed with the Clerk of the Division of Administrative Hearings thie 21st day of February, 2006. Mar 13 2006 @a/13/2886 14:83 B589222679 DCA GENERAL COUNSEL PAGE 85/85 COPIES FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2109 Scott Shirley, Esquire Ard, Shirley & Hartman, B.A. Post Office Box 1874 Tallahassee, Florida 32301

Docket for Case No: 05-001471GM
Issue Date Proceedings
Mar. 13, 2006 Final Order filed.
Feb. 21, 2006 Order Closing File. CASE CLOSED.
Feb. 21, 2006 Motion to Close File and Relinquish Jurisdiction filed.
Dec. 05, 2005 Order Continuing Case in Abeyance (parties to advise status by March 2, 2006).
Dec. 02, 2005 Notice of Filing Stipulated Settlement Agreement and Request for Stay of Proceedings filed.
Oct. 26, 2005 Order Continuing Case in Abeyance (parties to advise status by December 7, 2005).
Oct. 25, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
Aug. 24, 2005 Notice of Transfer.
Jul. 25, 2005 Order Continuing Case in Abeyance (parties to advise status by October 25, 2005).
Jul. 25, 2005 Status Report and Motion for Continued Abeyance of Proceedings filed.
May 19, 2005 Notice of Appearance filed.
Apr. 28, 2005 Order Placing Case in Abeyance (parties to advise status by July 25, 2005).
Apr. 27, 2005 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Apr. 20, 2005 Initial Order.
Apr. 20, 2005 Notice of Intent to Find the City of Destin Amendment(s), No.(s) Transportation Element Objective 2-1.3 and Policies 2-1.3.1 through 2-1.3.7; Objective 2-1.4 and Policies 2-1.4.1 through 2-1.4.9.; and Capital Improvements Element Table 9-1 Five Year Schedule of Capital Improvements , Adopted by Oridance no. 380 on January 31, 2005 Not in Compliance, and the Remaining Amendment(s) Adopted Pursuant to Oridance no. 380 in Compliance filed.
Apr. 20, 2005 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Apr. 20, 2005 Petition of the Department of Community Affairs filed.
Source:  Florida - Division of Administrative Hearings

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