Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: DESOTO COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Arcadia, Florida
Filed: Mar. 21, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, November 9, 2004.
Latest Update: Dec. 23, 2024
DCA Final Order No. DCAQ4-GM-234
STATE OF FLORIDA - 82,
DEPARTMENT OF COMMUNITY AFFAIRS
ce *
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs. DOAH Case No. 02-1191GM
DESOTO COUNTY,
Respondent. ; Vise
/ pen (Wo
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
DeSoto County adopted Comprehensive Plan Amendment 02-1ER by
Ordinance No. 2002-01 on January 8, 2002. The Department
reviewed the Amendment, determined that the amendments to the
Future Land Use Map contained therein were not consistent with
State law, and caused to be published a Notice of Intent to find
that oortion of the Amendment not “in compliance” with the Local
Government Comprehensive Planning and Land Development Regulation
Act, Chapter 163, Part If, Florida Statutes. The Department then
instituted this administrative proceeding against the County.
See Fla. Stat. § 163.3184(10).
DCA Final Order No. DCA04-GM-234
After initiation of the administrative proceeding, the
County and Department entered into a Stipulated Settlement
Agreement which required the County to adopt certain remedial
amendments. The City adopted the remedial amendments on May 25,
2004,, and the Department subsequently caused to be published a
Cumulative Notice of Intent to find the original Amendment and
the remedial Amendments “in compliance.”
The Department then filed a Motion to Relinquish
Jurisdiction with the Division of Administrative Hearings. The
Administrative Law Judge issued his Order Relinquishing
Jurisdiction and Closing File.
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.
Thaddeus Cohen, Secretary
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Page 2 of 4
DCA Final Order No. DCA0Q4-GM-234
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)©)
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.
Page 3 of 4
DCA Final Order No. DCAOQ4-GM-227
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 ag the per aves listed be be, ow in the manner described, on
this DAL “day of , 2004.
(Yue a
Paula Ford
Agency Clerk
Interagency Mail:
The Honorable J. Lawrence Johnston
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
U.S. Mail:
Ernest A. Cox, Esq.
Gunster, Yoakley & Stewart, P.A.
777 South Flagler Drive
Suite 500 East
West Palm Beach, Florida 33401
Robert D. Pritt
Roetzel & Andress
850 Park Shore Drive
Trianon Centre, Third Floor
Naples, Florida 34103
Hand Delivery:
Shaw Stiller
Assistant General Counsel
Department of Community Affairs
2555 Shumard Oak Boulevard
Taliahassee, Florida 32399-2100
Page 4 of 4
Docket for Case No: 02-001191GM
Issue Date |
Proceedings |
Nov. 29, 2004 |
Final Order filed.
|
Nov. 09, 2004 |
Order Closing File. CASE CLOSED.
|
Nov. 08, 2004 |
Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Aug. 12, 2004 |
Order Continuing Case in Abeyance (parties to advise status by November 30, 2004).
|
Aug. 11, 2004 |
(Joint) Stipulated Settlement Agreement filed.
|
Aug. 11, 2004 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed by Petitioner.
|
Aug. 05, 2004 |
Department of Community Affairs` Response to Motion for Order to Show Cause (filed via facsimile).
|
Jul. 30, 2004 |
Respondent`s Response to Order Continuing Case in Abeyance, and Motion to Show Cause Why Settlement Agreement Should Not Be Approved filed.
|
Jul. 06, 2004 |
Order Continuing Case in Abeyance (parties to advise status by July 30, 2004).
|
Jun. 30, 2004 |
Respondent`s Response to Order Continuing Case in Abeyance filed.
|
May 05, 2004 |
Respondent`s Status Report filed.
|
May 05, 2004 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2004).
|
May 04, 2004 |
Joint Status Report (filed by Resondent via facsimile).
|
Jan. 05, 2004 |
Order Continuing Case in Abeyance (parties to advise status by February 27, 2004).
|
Dec. 31, 2003 |
Respondent`s Status Report filed.
|
Nov. 24, 2003 |
Order Continuing Case in Abeyance (parties to advise status by December 31, 2003).
|
Nov. 21, 2003 |
Respondent`s Status Report (filed via facsimile).
|
Nov. 04, 2003 |
Order Continuing Case in Abeyance (parties to advise status by November 26, 2003).
|
Nov. 03, 2003 |
Respondent`s Status Report filed.
|
Jul. 02, 2003 |
Order Continuing Case in Abeyance (parties to advise status by October 31, 2003).
|
Jul. 01, 2003 |
Letter to Judge Alexander from M. Bryant enclosing status report filed.
|
Jul. 01, 2003 |
Status Report (filed by Petitioner via facsimile).
|
Jun. 30, 2003 |
Notice of Substitution of Counsel (filed by Shaw Stiller via facsimile).
|
Apr. 18, 2003 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by June 30, 2003).
|
Apr. 17, 2003 |
Joint Motion for Continuance and Abeyance filed by M. Bryant.
|
Mar. 06, 2003 |
Respondent`s Notice of Taking Deposition Duces Tecum, M. Mullins, R. Wilburn, M. McDaniel filed.
|
Feb. 07, 2003 |
Notice of Service of Respondent`s First Interrogatories to Department of Community Affairs filed.
|
Jan. 31, 2003 |
Order of Pre-hearing Instructions issued.
|
Jan. 31, 2003 |
Notice of Hearing issued (hearing set for May 20 through 22, 2003; 9:30 a.m.; Arcadia, FL).
|
Jan. 29, 2003 |
Joint Status Report (filed via facsimile).
|
Jan. 27, 2003 |
Notice of Substitution of Counsel (filed by K. Brodeen via facsimile).
|
Jan. 23, 2003 |
Notice of Service of Department of Community Affairs` First Set of Interrogatories to Respondent (filed via facsimile).
|
Oct. 01, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by January 31, 2003).
|
Sep. 30, 2002 |
Status Report (filed by Petitioner via facsimile).
|
Jul. 02, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by September 30, 2002).
|
Jul. 01, 2002 |
Status Report (filed by Petitioner via facsimile).
|
May 08, 2002 |
Order issued. (motion to dismiss denied)
|
Apr. 26, 2002 |
Response to Motion to Dismiss (filed by Petitioner via facsimile).
|
Apr. 22, 2002 |
Motion to Dismiss filed by Respondent.
|
Apr. 10, 2002 |
Notice of Appearance (filed by K. Oertel).
|
Mar. 27, 2002 |
Order Placing Case in Abeyance issued (parties to advise status by July 1, 2002).
|
Mar. 26, 2002 |
Joint Response to Initial Order and Motion to Abate (filed via facsimile).
|
Mar. 21, 2002 |
Petition of the Department of Community Affairs filed.
|
Mar. 21, 2002 |
Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
|
Mar. 21, 2002 |
Notice of Intent to Find the Desoto County Comprehensive Plan Amended Future Land Use Map Adjustments, Adopted by Ordinance No. 2002-01 on January 8, 2002, Not in Compliance filed.
|
Mar. 21, 2002 |
Initial Order issued.
|