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DEPARTMENT OF COMMUNITY AFFAIRS vs DESOTO COUNTY, 02-001191GM (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001191GM Visitors: 107
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.
Source:  Florida - Division of Administrative Hearings

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