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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF MASCOTTE, 06-002902GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002902GM Visitors: 16
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF MASCOTTE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Mascotte, Florida
Filed: Aug. 14, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 11, 2007.

Latest Update: Dec. 25, 2024
FINAL ORDER NO. DCA07-GM-237 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 06- hi CITY OF MASCOTTE, Respondent. / 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 the City of Mascotte’s (“City”) Comprehensive Plan Amendments adopted by Ordinance No. 2005-07-387 on April 17, 2006, are “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, on June 13, 2007, the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendments and the remedial amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA07-GM-237 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On July 11, 2007, the Administrative Law Judge issued his 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 file. DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard 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. 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. FINAL ORDER NO. DCA07-GM-237 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 COITECS. p copies have been furnished to the persons listed below in the manner described, on this —_ day of October, 2007. U. S. Mail: The Honorable J. L. Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Hand Delivery: Leslie Bryson, Esquire Department of Community A ffairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 HAP 4k Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Linda Loomis Shelley, Esq. Karen Brodeen, Esq. Fowler White Boggs Banker 101 North Monroe Street, Suite 1090 Tallahassee, FL 32301

Docket for Case No: 06-002902GM
Issue Date Proceedings
Oct. 19, 2007 Final Order filed.
Jul. 11, 2007 Order Closing File. CASE CLOSED.
Jul. 10, 2007 Notice of Voluntary Dismissal filed.
May 30, 2007 Order Continuing Case in Abeyance (parties to advise status by September 20, 2007).
May 29, 2007 (Joint) Stipulated Settlement Agreement filed.
May 29, 2007 Notice of Filing Stipulated Settlement Agreement filed.
Apr. 09, 2007 Order Continuing Case in Abeyance (parties to advise status by June 4, 2007).
Apr. 06, 2007 Joint Status Report filed.
Mar. 06, 2007 Order Continuing Case in Abeyance (parties to advise status by April 4, 2007).
Mar. 05, 2007 Joint Status Report filed.
Jan. 22, 2007 Order Continuing Case in Abeyance (parties to advise status by March 5, 2007).
Jan. 19, 2007 Joint Status Report filed.
Nov. 27, 2006 Order Continuing Case in Abeyance (parties to advise status by January 19, 2007).
Nov. 20, 2006 Joint Status Report filed.
Aug. 24, 2006 Order Placing Case in Abeyance (parties to advise status by November 20, 2006).
Aug. 22, 2006 Joint Response to Initial Order filed.
Aug. 15, 2006 Initial Order.
Aug. 14, 2006 Notice of Intent to Find the City of Mascotte Comprehensive Plan Amendments Not in Compliance filed.
Aug. 14, 2006 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Aug. 14, 2006 Letter to S. Sloan from V. Hubbard regarding Comprehensive Plan Amendments filed.
Aug. 14, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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