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RAY O. DEAL AND MARGIE S. DEAL vs CITY OF FORT WALTON BEACH AND DEPARTMENT OF COMMUNITY AFFAIRS, 00-004554GM (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004554GM Visitors: 28
Petitioner: RAY O. DEAL AND MARGIE S. DEAL
Respondent: CITY OF FORT WALTON BEACH AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Nov. 07, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 14, 2001.

Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA 01-GM-026 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RAY O. DEAL and MARGIE S. DEAL, Ss. wore F. e) vs see a Petitioners, MET B vs. Boe w Pe CITY OF FT. WALTON BEACH enn ioe and DEPARTMENT OF COMMUNITY mn 3 AFFAIRS, DOAH CASE NO. 00-4554GM CAL Respondents. / FINAL ORDER Exhibit A. 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 BACKGROUND This is a proceeding to determine whether the City of Fort Walton Beach comprehensive plan amendment, adopted by Ordinance No. 1401 on August 22, 2000, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the amendment in compliance with the Act. The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance.” The Petitioners subsequently filed a Notice of Voluntary Dismissal. The Administrative Law Judge issued an Order Closing File. FINAL ORDER NO. DCA 01-GM-026 ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by City of Fort Walton Beach Ordinance No. 1401 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. 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 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. DCA 01-GM-026 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 Correct copies have been furnished to the persons listed below in the manner described, on this_/4 “day of arsine, , 2001. < \ a . . Gute nw Paula Ford fo Agency Clerk U.S. Mail: Hand Delivery: Gregory R. Deal, Esquire The Honorable Charles A. Stampelos 1525 South Florida Avenue Administrative Law Judge Suite 2 Division of Administrative Hearings Lakeland, Florida 33803 The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL_ 32399-3060 Kenneth D. Goldberg, Esquire Colin M. Roopnarine, Assistant General 1725 Mahan Drive Department of Community Affairs Suite 201 2555 Shumard Oak Boulevard Tallahassee, Florida 32308 Tallahassee, Florida 32399-2100

Docket for Case No: 00-004554GM
Issue Date Proceedings
Feb. 20, 2001 Final Order filed.
Feb. 14, 2001 Order Closing File issued. CASE CLOSED.
Feb. 13, 2001 Notice of Voluntary Dismissal by Petitioners (filed via facsimile).
Feb. 08, 2001 Notice of Substitution of counsel for Department of Community Affairs (filed by C. Roopnarine via facsimile).
Feb. 07, 2001 Department of Community Affairs` Request for Production of Documents to Petitioners filed.
Feb. 07, 2001 Notice of Service of Department of Community Affairs` First Set of Interrogatories to Petitioners (filed via facsimile).
Jan. 26, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for March 19 and 20, 2001; 9:00 a.m.; Tallahassee, FL).
Jan. 25, 2001 Fax cover sheet to Judge C. Stampelos from G. Deal In re: confirm teleconference (filed via facsimile).
Jan. 23, 2001 Joint Motion for Postponement/Rescheduling of Hearing (filed via facsimile).
Dec. 12, 2000 Notice of Filing City of Ft. Walton Beach`s First Set of Interrogatories Directed to Petitioners filed.
Nov. 29, 2000 Notice of Appearance (filed by K. Goldberg via facsimile).
Nov. 27, 2000 Order of Pre-hearing Instructions issued.
Nov. 27, 2000 Notice of Hearing issued (hearing set for February 6 and 7, 2001; 9:00 a.m.; Tallahassee, FL).
Nov. 21, 2000 Petitioner`s Response to Initial Order (filed via facsimile).
Nov. 08, 2000 Initial Order issued.
Nov. 07, 2000 Agency Action Letter filed.
Nov. 07, 2000 Petition Challenging the Determination of Compliance for Amendments to the Adopted Comprehensive Plan of the City of Fort Walton Beach, Florida and Requesting a Hearing filed.
Nov. 07, 2000 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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