Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: FLAGLER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bunnell, Florida
Filed: Feb. 29, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, November 29, 2001.
Latest Update: Dec. 23, 2024
FILED
FINAL ORDER NO. DCA 01-GM-223
Cee
STATE OF FLORIDA ‘lap Hoy
DEPARTMENT OF COMMUNITY AFFAIRS DIVISION of
, ADMINISTRA ay) VE
DEPARTMENT OF COMMUNITY AFFAIRS, HEARINGS
Petitioner,
vs.
DOAH CASE NO. 00-0983GM
FLAGLER COUNTY, ia) CA
.. 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 Flagler County (County) Comprehensive
Plan Amendment 00-1ER, adopted by Ordinance No. 2000-01, on January 3, 2000, 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 subsequently published its Cumulative Notice of Intent to find the Plan Amendment
and the remedial amendment to be “in compliance” with Chapter 163, Part IJ, Florida Statutes,
and Rule 9J-5, Florida Administrative Code. |
FINAL ORDER NO. DCA 01-GM-223.
The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction.
The Administrative Law Judge issued his 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 in Tallahassee, Florida.
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
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 1 IN SECTION 3: 29(3), FLORIDA ST. ATU" ‘ES.
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.
Serger -
ane ss
FINAL ORDER NO. DCA 01-GM-223
CERTIFICATE OF FILING AND SERVICE :
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and spe copies have been furnished to the
persons listed below in the manner described, on this £?’—day of December, 2001.
Paula Ford
gency Clerk
U.S. Mail: Hand Delivery:
The Honorable Donald R. Alexander Colin M. Roopnarine
Division of Administrative Hearings Assistant General Counsel
The DeSoto Building Department of Community Affairs
1230 Apalachee Parkway 2555 Shumard Oak Boulevard
Tallahassee, FL 32399-1550 Tallahassee, Florida 32399-2100
Carl Kern, Esquire
Flagler County Attorney’s Office
1200 East Moody Boulevard, No. 11
Bunnell, Florida 32110
aM ponte cent name agree tame te spate a
[RECEIVED |
STATE OF FLORIDA i
i
DIVISION OF ADMINISTRATIVE HEARINGS | NOV 3.9 2001
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 00-0983GM
FLAGLER COUNTY,
Respondent.
we SS SSS SS
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 in the premises, it is,
therefore,
ORDERED that:
1. The Motion is hereby granted and jurisdiction is
relinquished to the Department of Community Affairs.
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed.
DONE AND ORDERED this 29th day of November, 2001, in
Tallahassee, Leon County, Floxida.
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
Docket for Case No: 00-000983GM
Issue Date |
Proceedings |
Dec. 07, 2001 |
Final Order filed.
|
Nov. 29, 2001 |
Order Closing File issued. CASE CLOSED.
|
Nov. 27, 2001 |
Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Oct. 24, 2001 |
Notice of Substitution of Counsel for Department of Community Affairs filed.
|
Oct. 12, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by January 25, 2002).
|
Oct. 11, 2001 |
Compliance Agreement filed bu Ptitioner.
|
Oct. 11, 2001 |
Department of Community Affairs` Notice of Filing Stipulated Settlement Agreement and Motion to Stay Proceedings filed.
|
Sep. 21, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by December 7, 2001).
|
Sep. 07, 2001 |
Department of Community Affairs` Status Report and Motion for Continued Abeyance (filed via facsimile).
|
Aug. 23, 2001 |
Order issued (Respondent`s Motion for Substitution of Counsel is granted).
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Aug. 22, 2001 |
(Proposed) Order Granting Motion for Substitution of Counsel (filed via facsimile).
|
Aug. 22, 2001 |
Motion for Substitution of Counsel (filed by Respondent via facsimile).
|
Jul. 24, 2001 |
Order issued (Richard R. Whidden, Jr., Esquire is relieved of all further responsibility in this case).
|
Jul. 20, 2001 |
Motion for Substitution of Counsel, Albert Hadeed (filed via facsimile).
|
Jul. 20, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by August 31, 2001).
|
Jul. 19, 2001 |
Department of Community Affairs` Status Report and Motion for Conrinued Abeyance (filed via facsimile).
|
Apr. 13, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by June 29, 2001).
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Apr. 12, 2001 |
Department of Community Affairs` Status Report and Motion for Continued Abeyance (filed via facsimile).
|
Jan. 12, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by April 6, 2001).
|
Jan. 11, 2001 |
Joint Status Report and Motion for Continued Abeyance (filed via facsimile).
|
Oct. 18, 2000 |
Order Continuing Case in Abeyance issued (parties to advise status by January 19, 2001).
|
Oct. 16, 2000 |
Joint Status Report and Motion for Continued Abeyance (filed via facsimile).
|
Jul. 12, 2000 |
Order Continuing Case in Abeyance sent out. (parties to advise status by October 16, 2000.)
|
Jun. 30, 2000 |
Motion for Extension of Abeyance (filed via facsimile)
|
Mar. 20, 2000 |
Order Placing Case in Abeyance sent out. (Parties to advise status by June 30, 2000)
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Mar. 16, 2000 |
Joint Response to Initial Order and Motion for Abeyance (filed via facsimile).
|
Mar. 13, 2000 |
(Respondent) Request for Formal Administrative Hearing and Affirmative Defense (filed via facsimile).
|
Mar. 07, 2000 |
Initial Order issued. |
Feb. 29, 2000 |
Statement of Intent filed.
|
Feb. 29, 2000 |
Notice of Intent filed.
|
Feb. 29, 2000 |
Petition of the Department of Community Affairs filed.
|
Feb. 29, 2000 |
Agency Referral Letter filed.
|