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: Nov. 15, 2024
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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,
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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,
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DCA GENERAL COUNSEL PAGE 83/85
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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
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
CITY OF DESTIN,
}
)
)
)
)
va. ) Case No. 05-1471GM
)
}
)
Respondent. )
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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
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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.
|