Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: TOWN OF CUTLER BAY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Environmental, Florida
Filed: Jul. 01, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 10, 2008.
Latest Update: Dec. 25, 2024
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FINAL ORDER NO. DCA 08h
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STATE OF FLORIDA opin, ~Y 4
DEPARTMENT OF COMMUNITY AFFAIRS DS, 4, 2
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DEPARTMENT OF COMMUNITY Sy
AFFAIRS, oe
Petitioner,
vs. DOAH CASE NO. 08-3157GM
TOWN OF CUTLER BAY
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 Town of Cutler
Bay (Town) adoption of Ordinance No. 08-07 (adoption of a
comprehensive plan for the Town), which includes the “Town of
Cutler Bay Miami-Dade County Coastal High Hazard Area” Map and
Policy CM-8E in the Coastal Management Element, on April 28,
2008, is “in compliance” with the Local Government Comprehensive
Planning and Land Development Regulation Act, Ch. 163, Part II,
Florida Statutes (the “Act”).
FINAL ORDER NO. DCA 08-GM-355
All parties to this proceeding entered into a Stipulated
Settlement Agreement which required the Town to adopt certain
remedial amendments. The Town adopted the remedial amendments
(Ordinance No. 08-17) and 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 II, Florida Statutes, and Rule 9J5, Florida Administrative
Code.
The Department subsequently filed a Motion to Close File and
Relinquish Jurisdiction. A copy of this Motion is appended hereto
as Exhibit B. The Administrative Law Judge issued the Order
Closing File (copy attached hereto) .
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 this day in Tallahassee, Florida.
Shaw Stiller, —_ Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 2 of 4
FINAL ORDER NO. DCA 08-GM-355
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 correct copies have been
furnished by U.S. Mail to each of the persons listed below on
this Wige of December, 2008.
Paypta Ford
gency Clerk
Page 3 of 4
FINAL ORDER NO. DCA 08-GM-355
Donald R. Alexander
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Mitchell A. Bierman, Esquire
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134-6045
Samuel Dean Bunton (Hand Delivery)
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399-7018
Page 4 of 4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 08-3157GM
TOWN OF CUTLER BAY,
Respondent.
-
ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Motion to Close File and Relinquish Jurisdiction,
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 Department of
Community Affairs.
DONE AND ORDERED this 10th day of December, 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
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings
this 10th day of December, 2008.
COPIES FURNISHED:
Samuel Dean Bunton, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Mitchell A. Bierman, Esquire
Weiss Serota Helfman Pastoriza
Cole & Boniske, P.L.
2525 Ponce de Leon Boulevard
Suite 700
Coral Gables, Florida 33134-6045
Dec 5 2008 1:21
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PAGE 61/64
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vo DOAH Case No, 08-3157GM
TOWN OF CUTLER BAY
Respondent.
/
PETITIONER DEPARTMENT OF COMMUNITY AFFAIRS’ MOTION
TO CLOSE FILE AND RELINQUISH JURISDICTION
eee TN
Petitioner State of Florida Department of Community Affairs
(Department), pursuant to Rule 28-106.204, Florida Administrative
Code, hereby files this Motion to Close File and Relinquish
Juriadiction, and states:
1. On September 17, 2008, The Town of Cutler Bay adopted
certain remedial comprehensive plan amendments by Ordinance 08-17
pursuant to a Stipulated Settlement Agreement. The Stipulated
Settlement Agreement with attachments was filed with the Division
of Adminiatrative Hearings on September 29, 2008.
2. The Department reviewed these remedial amendments,
determined that they fully address the compliance issues raised
in this matter, and issued a Cumulative Notice of Intent on
October 29, 2008 (date of publication), to find the amendments
1
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subject to this proceeding, as remediated, in compliance. A true
and correct copy of the Cumulative Notice of Intent is attached
hereto as Exhibit A.
3. The Town of Cutler Bay and the Department were the only
parties to this proceeding. All of the parties signed the
stipulated settlement agreement. No other party has filed a
petition regarding the Cumulative Notice, and the time for doing
so has expired. Accordingly, there is no need to realign parties
and continue this matter under the authority of Sections
163.3184(9) & 163.3184(16) (£)1., Florida Statutes. All parties
agree this file should be closed at the Division of
Administrative Hearings, and jurisdiction should. be xvelinquished
back to the Department for the entry of a Final Order.
WHEREFORE, the Depaxtment respectfully requests that this
Motion to Close File and Relinquish Jurisdiction be granted; that
this file be closed at the Division of Administrative Hearings;
that jurisdiction be relinquished to the Department; and that
such other relief consistent with this Report and Motion be
granted as is just and fair.
Dec 5 2008 1:21
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Respectfully submitted on thig 5th day.of December, 2008.
Samuel Dean Bunton
Assistant General Counsel
Florida Bar Number 0879207
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
(850) 488-0410 Phone
(850)922-2679 FAX
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing was furnished to each of the pes
Mail attachment on this 5 day of ff 'S.
Jan [Pier
Samuel Dean Bunton
Mitchell A. Bierman, Esquire
Chad Friedman, Esquire
Weiss Serota Helfman Pastoriza Cole & Boniske, P.L.
Counsel for the Town of Cutler Bay
2525 Ponce De Leon Blvd Ste 700
Coral Gables, Florida, 33134-6045
Phone Number: 305-854-0800
Fax Number: 305-854-0800
E-Mail: cfriedman@wsh-law.com
Dec 5 2008 1:21
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EXHIBIT
A
PUBLISHED IN THE MIAMI HERALD ON 10/29/08
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STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
CUMULATIVE NOTICE OF INTENT TO FIND THE
TOWN OF CUTLER BAY COMPREHENSIVE PLAN
AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE
DOCKET NO, 08-R1 -NOT-1336-(A)-(1)
The Department issues this cumulative notice of intent to find the Town of Cutler Bay
Comprehensive Plan adopted by Ordinance No. 08-07 on April 28, 2008, and the amendment adopted by
Ordinance No. 08-17 on September 17, 2008, IN COMPLIANCE, pursuant to Sections 163.3184,
163.3187 and 163.3189, FS.
The adopted Town of Cutler Bay Comprehensive Plan, the Plan Amendment and the Department's
Objections, Recommendations, and Comments Report, (if any), are available for public inspection
Monday through Friday, except for legal holidays, during normal business hours, at the Town of Cutler
Bay Town Hall, 10720 Caribbean Boulevard, Suite 105, Cutler Bay, Florida 33139,
Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative
hearing to challenge the Proposed agency determination that the Remedial Amendments are In
Compliance, as defined in Subsection 163.3184(1). F.S. The petition must be filed within twenty-one
(21) days after publication of this notice, and must include all of the information and contents described
in Uniform Rule 28-106,201, F.A.C, The petition must be filed with the Agency Clerk, Department of
Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100, and a copy mailed
or delivered to the local government, Failure to timely file a petition shall constitute a waiver of any right
to request an administrative proceeding as a petitioner under Sections 120.569 and 120,57, B.S. Ifa
Petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and
forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall
become final agency action.
Ifa petition is filed, other affected persons may petition for leave to intervene in the proceeding, A
Petition for intervention must be filed at least twenty (20) days before the final hearing and must include
all of the information and contents described in Uniform Rule 28- 106,205, F.A.C. A petition for leave to
intervene shall be filed at the Division of Administrative Hearings, Department of Management Services,
1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the
allowed time frame constitutes a waiver of any right such a person has to request a hearing under Scctions ’
120.569 and 120.57, F.S., or to participate in the administrative hearing,
After an administrative hearing petition is timely filed, mediation is available pursuant to Section
163,3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request
with the administrative law judge assigned by the Division of Administrative Hearings. The choice of
mediation shall not affect a party's ri ght to ant administrative hearing.
-8-Mike McDaniel, Chief
Office of Comprehensive Planning
Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 08-003157GM
Issue Date |
Proceedings |
Dec. 24, 2008 |
Final Order filed.
|
Dec. 10, 2008 |
Order Closing File. CASE CLOSED.
|
Dec. 05, 2008 |
Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
|
Sep. 30, 2008 |
Order Continuing Case in Abeyance (parties to advise status by December 31, 2008).
|
Sep. 29, 2008 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Jul. 09, 2008 |
Order Placing Case in Abeyance (parties to advise status by September 30, 2008).
|
Jul. 08, 2008 |
Joint Response to Initial Order filed.
|
Jul. 03, 2008 |
Notice of Appearance of Counsel (Mitchell Bierman) filed.
|
Jul. 02, 2008 |
Notice of Appearance of Counsel (no date of service) filed.
|
Jul. 01, 2008 |
Initial Order.
|
Jul. 01, 2008 |
Notice of Intent to Find Portions of the Town of Culter Bay Plan, Costal High Hazard Area Map and Costal Management Policy CM-8E filed.
|
Jul. 01, 2008 |
Statement of Intent to Find a Portion of a Comprehensive Plan not in Compliance filed.
|
Jul. 01, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Jul. 01, 2008 |
Agency referral filed.
|