Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: WALTON COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Defuniak Springs, Florida
Filed: Dec. 03, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 11, 2008.
Latest Update: Jan. 06, 2025
FINAL ORDER NPs prapree “”
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS yp JLIb Alte 12
DEPARTMENT OF COMMUNITY i! He OF
AFFAIRS, AD RATIVE
HEARINGS
Petitioner,
v. DOAH Case Nos. 06-0418GM
07-5476GM
WALTON COUNTY,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing Files 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 Walton County (“County”) Comprehensive
Plan Amendment 07-R1, adopted in part by Ordinance No. 2007-22 (specifically Coastal
Zone/Conservation Element Policy C-4.2.6) on August 28, 2007, 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 the
Department of Community Affairs (“Department”) subsequently published a Cumulative Notice
of Intent to find the original plan amendment and the remedial amendment “in compliance” with
the Act.
FINAL ORDER NO. DCA08-GM-200
The Department then filed a Motion to Close File and Relinquish Jurisdiction. The
Administrative Law Judge issued an Order Closing Files. 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. iG Mie Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
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. DCA08-GM-200
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 corre
copies have been furnished to the persons listed below in the manner described, on this “eta
(0) » 2008. ~
Paula Ford
Agency Clerk
U.S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Kelly A. Martinson, Esq.
Administrative Law Judge Assistant General Counsel
Division of Administrative Hearings Department of Community Affairs
The DeSoto Building 2555 Shumard Oak Boulevard ©
1230 Apalachee Parkway - Tallahassee, Florida 32399-2100
Tallahassee, Florida 32399-3060
Cari Roth, Esq.
Suzanne Van Wyk, Esq.
Theresa Proctor, Esq.
Bryant Miller Olive
101 N. Monroe St., Suite 900
Tallahassee, Florida 32301
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
, DEPT. OF COMMUN,
DEPARTMENT OF COMMUNITY GENERAL COUNSELS ones
AFFAIRS,
Petitioner,
07-5476GM
WALTON COUNTY,
)
)
)
)
)
vs. ) Case Nos. 06-0418GM
)
)
)
Respondent. )
)
ORDER CLOSING FILES
ee ENG PLLES
This cause having come before the undersigned on
Petitioner's Motion to Close File and Relinquish Jurisdiction,
and the undersigned being fully advised in the premises, it is,
therefore,
ORDERED that:
1. Petitioner's motion is granted.
2. The files of the Division of Administrative Hearings in
the above-captioned matter are hereby closed and jurisdiction is
relinquished to the agency.
DONE AND ORDERED this llth day of July, 2008, 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
Filed with the Clerk of the
Division of Administrative Hearings
this llth day of July, 2008.
COPIES FURNISHED:
Kelly A. Martinson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
David A. Hallman, Esquire ~
Walton County Attorney
161 East Sloss Avenue
Defuniak Springs, Florida 32433-1343
Cari L. Roth, Esquire
Bryant Miller & Olive P.A.
101 North Monroe Street, Suite 900
Tallahassee, Florida 32301-1546
Docket for Case No: 07-005476GM
Issue Date |
Proceedings |
Jul. 16, 2008 |
Final Order filed.
|
Jul. 11, 2008 |
Order Closing Files. CASE CLOSED.
|
Jul. 10, 2008 |
Motion to Close File and Relinquish Jurisdiction filed.
|
Jun. 23, 2008 |
Order Continuing Case in Abeyance (parties to advise status by July 23, 2008).
|
Jun. 20, 2008 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Mar. 11, 2008 |
Order Continuing Case in Abeyance (parties to advise status by June 27, 2008).
|
Mar. 10, 2008 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Jan. 17, 2008 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by March 17, 2008).
|
Jan. 16, 2008 |
Motion to Cancel Hearing and Place Case in Abeyance filed.
|
Dec. 21, 2007 |
Partial Final Order filed.
|
Dec. 20, 2007 |
Corrected Order.
|
Dec. 19, 2007 |
Order (Motion to Partially Close File and Partially Relinquish Jurisdiction is granted).
|
Dec. 17, 2007 |
Motion to Partially Close File and Partially Relinquish Jurisdiction filed.
|
Dec. 11, 2007 |
Order of Pre-hearing Instructions.
|
Dec. 11, 2007 |
Notice of Hearing (hearing set for February 7, 2008; 9:30 a.m., Central Time; Defuniak Springs, FL).
|
Dec. 11, 2007 |
Order (DOAH Case Nos. 06-0418GM and 07-5476GM are consolidated).
|
Dec. 07, 2007 |
Joint Response to Initial Order filed.
|
Dec. 05, 2007 |
Initial Order.
|
Dec. 03, 2007 |
Notice of Intent to Find Walton County Comprehensive Plan Amendments Not in Compliance filed.
|
Dec. 03, 2007 |
Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
|
Dec. 03, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|