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DEPARTMENT OF COMMUNITY AFFAIRS vs HILLSBOROUGH COUNTY, 06-003898GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003898GM Visitors: 23
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.
Source:  Florida - Division of Administrative Hearings

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