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DEPARTMENT OF COMMUNITY AFFAIRS vs CHARLOTTE COUNTY, 06-000686GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-000686GM Visitors: 41
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CHARLOTTE COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Port Charlotte, Florida
Filed: Feb. 22, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, March 18, 2008.

Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA 08-GM-093 STATE OF FLORIDA Gy DEPARTMENT OF COMMUNITY AFFAIRS My ‘S&S DEPARTMENT OF COMMUNITY € prs AFFAIRS ' VL, Petitioner, v. DOAH Case No. 06-0686GM CHARLOTTE COUNTY, Respondent, FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File and Relinquishing Jurisdiction 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 the Charlotte County Comprehensive Plan Amendment 07-R1, adopted by Ordinance No. 2008-002, on January 8, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). . All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments FINAL ORDER NO. DCA 08-GM-093 and the Department subsequently published its 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 Administrative Code. No affected persons challenged the Department's Cumulative Notice of Intent, and the time for doing so has passed. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued the Order Closing File and Relinquishing Jurisdiction (copy attached hereto) . 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 this day in Tallahassee, Florida. - General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-093 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) (Cc) 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. A FINAL ORDER NO. DCA 08-GM-093 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 each of the persons listed below on this No day ot Malet , 2008. Paula For Agency Clerk By U.S. Mail: The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Richard A. Browne, Esquire Charlotte County Attorneys' Office 18500 Murdock Circle Port Charlotte,’ Florida 33948-1094 By Hand Delivery: Lynette Norr Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 4 of 4

Docket for Case No: 06-000686GM
Issue Date Proceedings
Mar. 27, 2008 Final Order filed.
Mar. 18, 2008 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Mar. 11, 2008 Status Report and Motion to Close File and Relinquish Jurisdiction filed.
Feb. 05, 2008 Notice of Transfer.
Jan. 14, 2008 Order Continuing Case in Abeyance (parties to advise status by March 14, 2008).
Jan. 11, 2008 Status Report, Notice of Filing Compliance Agreement, and Request for Stay of Proceedings filed.
Nov. 13, 2007 Order Continuing Case in Abeyance (parties to advise status by January 14, 2008).
Nov. 09, 2007 Status Report filed.
Sep. 11, 2007 Order Continuing Case in Abeyance (parties to advise status by November 12, 2007).
Sep. 10, 2007 Status Report filed.
Jul. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by September 10, 2007).
Jul. 09, 2007 Status Report filed.
May 07, 2007 Order Continuing Case in Abeyance (parties to advise status by July 9, 2007).
May 04, 2007 Status Report filed.
Feb. 12, 2007 Order Continuing Case in Abeyance (parties to advise status by May 4, 2007).
Feb. 09, 2007 Status Report filed.
Jan. 12, 2007 Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Norr).
Dec. 07, 2006 Order Continuing Case in Abeyance (parties to advise status by February 9, 2007).
Dec. 05, 2006 Status Report filed.
Nov. 01, 2006 Order Continuing Case in Abeyance (parties to advise status by December 1, 2006).
Oct. 31, 2006 Status Report filed.
Aug. 30, 2006 Order Continuing Case in Abeyance (parties to advise status by October 30, 2006).
Aug. 29, 2006 Status Report filed.
Jun. 26, 2006 Order Continuing Case in Abeyance (parties to advise status by August 25, 2006).
Jun. 22, 2006 Status Report filed.
Apr. 20, 2006 Order Continuing Case in Abeyance (parties to advise status by June 19, 2006).
Apr. 19, 2006 Status Report filed.
Mar. 03, 2006 Order Placing Case in Abeyance (parties to advise status by April 17, 2006).
Mar. 02, 2006 Response to Initial Order filed.
Feb. 22, 2006 Initial Order.
Feb. 22, 2006 Notice of Intent to Find Charlotte County Comprenehsive Plan Amendments Adopted by Ordinance NOS. 2005-095 and 2005-096 not in Compliance and the Comprehensive Plan Amendments filed.
Feb. 22, 2006 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Feb. 22, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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