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.
|