Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: SUMTER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bushnell, Florida
Filed: Dec. 08, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 8, 2006.
Latest Update: Dec. 23, 2024
«FINAL ORDER NO. DCA06-GM-291°°"
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vs. DOAH Case No. 05-44566M
SUMTER COUNTY,
Respondent.
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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 Sumter County’s (County) Comprehensive
Plan Amendment adopted by Ordinance No. 2005-26 on September 20, 2005, is “in compliance”
with the Local Government Comprehensive Planning and Land Development Regulation Act,
Ch. 163, Part Il, Florida Statutes (the “Act").
On October 31, 2006, the County adopted Ordinance No. 2006-39, which Tepealed
Ordinance No. 2005-26 in its entirety.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal and Request to Close the File and Relinquish Jurisdiction. On November
8, 2006, the Administrative Law Judge issued his Order Closing File and relinquished
Jurisdiction to the Department. 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 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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CERTIFICATE OF FILING AND SERVICE
IHEREBY 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 [fe day of LMA 2006.
Phy Fo
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail:
The Honorable Donald R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway -
Tallahassee, Florida 32399-1550
Randall Thornton, Esquire
Sumter County Attorney
Post Office Box 58
Lake Panasoffkee, Florida 33538-0058
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Docket for Case No: 05-004456GM
Issue Date |
Proceedings |
Dec. 01, 2006 |
Final Order filed.
|
Nov. 08, 2006 |
Order Closing File. CASE CLOSED.
|
Nov. 06, 2006 |
Notice of Voluntary Dismissal and Request to Close the File and Relinquish Jurisdiction filed.
|
Oct. 03, 2006 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Bryson).
|
Oct. 02, 2006 |
Order Continuing Case in Abeyance (parties to advise status by November 6, 2006).
|
Sep. 29, 2006 |
Status Report and Motion to Continue Abeyance filed.
|
Jul. 03, 2006 |
Order Continuing Case in Abeyance (parties to advise status by September 29, 2006).
|
Jun. 30, 2006 |
Status Report filed.
|
Jun. 30, 2006 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by D. Littlejohn).
|
Mar. 15, 2006 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2006).
|
Mar. 13, 2006 |
Status Report filed.
|
Dec. 16, 2005 |
Order Placing Case in Abeyance (parties to advise status by March 17, 2006).
|
Dec. 14, 2005 |
Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Dec. 08, 2005 |
Notice of Intent to find the Sumter County Comprehensive Plan Amendments Adopted by Ordinance No. 2005-26 not in Compliance and the Comprehensive Amendments Adopted by Ordinance Nos. 2005-24 and 2005-25 in Compliance Docket No. 05-2-NOI-6001-(A)-(N).
|
Dec. 08, 2005 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Dec. 08, 2005 |
Petition of the Department of Community Affairs filed.
|
Dec. 08, 2005 |
Initial Order.
|