Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: HILLSBOROUGH COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Tampa, Florida
Filed: Oct. 09, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, July 9, 2007.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA07-GM-238
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
v. Case No. 06-3898GM
HILLSBOROUGH COUNTY,
Respondent,
and
SIERRA PROPERTIES I, LLC,
Intervenor.
/
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 Hillsborough County (“County”)
comprehensive plan amendment to the Future Land Use Map (05-18) and the amendment to the
Future Land Use Element (FLUE Policy C-2.9) adopted by Ordinance No. 06-17 on July 26,
2006, are “in compliance” with the Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, Part IT, Florida Statutes (the “Act”).
FINAL ORDER NO. DCA07-GM-238
The parties entered into a Stipulated Settlement A greement which required the County to
adopt certain remedial amendments. The County adopted the remedial amendments and, on May
31, 2007, the Department 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.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On July 9, 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
FINAL ORDER NO. DCA07-GM-238
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-238
CERTIFICATE OF FILING AND SERVICE
[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 correc 4
copies have been furnished to the persons listed below in the manner described, on this —
day of October, 2007. ;
Faute WA Pyke
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U.S. Mail:
The Honorable J. L. Johnston Linda Loomis Shelley, Esq.
Administrative Law Judge Karen Brodeen, Esq.
Division of Administrative Hearings Fowler White Boggs Banker
The DeSoto Building 101 North Monroe Street, Suite 1090
1230 Apalachee Parkway Tallahassee, FL 32301
Tallahassee, FL 32399-1550
Adam Gormly, Esquire
Hillsborough County Attorney’s Office
Post Office Box 1110
Tampa, Florida 33601-1110
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Docket for Case No: 06-003898GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Jul. 09, 2007 |
Order Closing File. CASE CLOSED.
|
Jun. 29, 2007 |
Notice of Voluntary Dismissal filed.
|
Mar. 27, 2007 |
Order Continuing Case in Abeyance (parties to advise status by July 24, 2007).
|
Mar. 26, 2007 |
Stipulated Settlement Agreement filed.
|
Mar. 26, 2007 |
Notice of Filing Stipulated Settlement Agreement filed.
|
Mar. 22, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 18, 2007).
|
Mar. 21, 2007 |
Status Report filed.
|
Jan. 17, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 19, 2007).
|
Jan. 16, 2007 |
Joint Status Report and Request to Continue the Case in Abeyance filed.
|
Nov. 03, 2006 |
Order Granting Leave to Amend.
|
Oct. 31, 2006 |
Sierra Properties I, LLC`s Motion for Leave to Amend Petition for Leave to Intervene filed.
|
Oct. 26, 2006 |
Order Granting Leave to Intervene (Sierra Properties I, LLC.).
|
Oct. 24, 2006 |
Petition for Leave to Intervene (filed by Sierra Properties I, LLC.)
|
Oct. 23, 2006 |
Order Placing Case in Abeyance (parties to advise status by January 16, 2007).
|
Oct. 17, 2006 |
Joint Response to Initial Order and Request to Abate filed.
|
Oct. 17, 2006 |
Notice of Appearance (filed by D. Blews).
|
Oct. 10, 2006 |
Initial Order.
|
Oct. 09, 2006 |
Notice of Intent to Fine the Hillsborough County Amendment to the Future Land Use Map Not in Compliance filed.
|
Oct. 09, 2006 |
Statement of Intent to Find a Portion of Comprehensive Plan Amendment Not in Compliance filed.
|
Oct. 09, 2006 |
Petition of the Department of Community Affairs filed.
|