Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: ORANGE COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Orlando, Florida
Filed: Sep. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 17, 2007.
Latest Update: Nov. 14, 2024
FINAL ORDER NO. DCA08-GM-234
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
Vv. DOAH Case No.: 06-3320GM
ORANGE COUNTY,
Respondent,
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An Administrative Law Judge of the Division of Administrative Hearings has étitered 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 Orange County’s (County) Comprehensive
Plan Amendment 06-1 adopted by Ordinance No. 2006-08 on June 13, 2006, is “in compliance”
with the Local Government Comprehensive Planning and Land Development Regulation Act,
Ch. 163, Part II, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement which required the County to
adopt certain remedial amendments. The County adopted the remedial amendments and, on
October 30, 2007, 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
Il, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On December 17, 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
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.
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 coryec
copies have been furnished to the persons listed below in the manner described, on this
day of October, 2008.
aula Ford
‘Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U. S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Leslie Bryson, Esquire
Administrative Law Judge Department of Community Affairs
Division of Administrative Hearings : 2555 Shumard Oak Blvd.
The DeSoto Building Tallahassee, Florida 32399
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Jean A. Roush-Burnett, Esquire
Lowndes, Drosdick, Doster, Kantor, et al.
P.O. Box 2809
Orlando, FL 32802-2809
Joel D. Prinsell, Esquire
Office of the Orange Co. Attorney
201 South Rosalind Ave., 5th Floor
Orlando, FL 32801-3527
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 06-3320GM
ORANGE COUNTY,
Respondent,
and
BARGROVE, LLP,:
Intervenor.
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ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Notice of Voluntary Dismissal, and the undersigned
being fully advised, it is, therefore,
ORDERED that the file of the Division of Administrative
Hearings in the above-captioned matter is hereby closed.
Jurisdiction is hereby relinquished to the agency.
DONE AND ORDERED this 17th day of December, 2007, in
Tallahassee, Leon County, Florida.
DONALD R. ALEXANDER
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.state.fl.us EXHIBIT
Filed with the Clerk of the
Division of Administrative Hearings
this 17th day of December, 2007.
COPIES FURNISHED:
Leslie E. Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Jean A. Roush-Burnett, Esquire
Lowndes, Drosdick, Doster, Kantor &
Reed, P.A.
Post Office Box 2809
Orlando, Florida 32802-2809
Joel D. Prinsell, Esquire
Office of the Orange County Attorney
201 South Rosalind Avenue, 5th Floor
Orlando, Florida 32801-3527
Docket for Case No: 06-003320GM
Issue Date |
Proceedings |
Oct. 20, 2008 |
Final Order filed.
|
Dec. 17, 2007 |
Order Closing File. CASE CLOSED.
|
Dec. 13, 2007 |
Notice of Voluntary Dismissal filed.
|
Oct. 10, 2007 |
Order Continuing Case in Abeyance (parties to advise status by December 14, 2007).
|
Oct. 03, 2007 |
Status Report and Stipulated Settlement Agreement filed.
|
Jun. 29, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
|
Jun. 28, 2007 |
Status Report filed.
|
Jun. 04, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 29, 2007).
|
May 21, 2007 |
Status Report filed.
|
Apr. 16, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 18, 2007).
|
Apr. 13, 2007 |
Status Report filed.
|
Mar. 08, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 13, 2007).
|
Mar. 07, 2007 |
Status Report filed.
|
Jan. 03, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 7, 2007).
|
Dec. 29, 2006 |
Status Report filed.
|
Sep. 13, 2006 |
Order Placing Case in Abeyance (parties to advise status by December 29, 2006).
|
Sep. 12, 2006 |
Joint Response to Initial Order filed.
|
Sep. 12, 2006 |
Order (Bargrove, LLP granted Intervenor status).
|
Sep. 11, 2006 |
Uncontested Petition for Leave to Intervene (Bargrove, LLP) filed.
|
Sep. 07, 2006 |
Initial Order.
|
Sep. 06, 2006 |
Notice of Intent to Find Orange County Comprehensive Plan Amendment Not in Compliancefiled.
|
Sep. 06, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Sep. 06, 2006 |
Department of Community Affairs` Petition for Administrative Hearing filed.
|