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DEPARTMENT OF COMMUNITY AFFAIRS vs MARION COUNTY, 03-000613GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000613GM Visitors: 40
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: MARION COUNTY
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Ocala, Florida
Filed: Feb. 24, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, August 19, 2004.

Latest Update: Dec. 23, 2024
Final Order No.: DCA04-GM-201 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS ia DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, “etee vs. DOAH CASE NO.: 03-0613GMp* Zz MARION COUNTY 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 Marion County’s comprehensive plan amendment, adopted by Ordinance Number 02-35, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I], Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the amendment not in compliance with the Act. The Department filed a petition which alleged that the plan amendment is not “in compliance.” The Department and the County subsequently entered into a Stipulated Settlement Agreement. The Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by Marion County in Ordinance 02-35 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. en, Thaddeus L. Cohen, AJA, Secretary 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 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 designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this 24 day of October, 2004. / ie Paula Ford Agency Clerk U.S. Mail: Gordon B. Johnston, Esquire County Attorney 601 Southeast 25th Avenue Ocala, Florida 34471 cid STATE OF FLORIDA : ~ DIVISION OF ADMINISTRATIVE HEARINGS 04 [fT 28 PM 1:00 DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 03-0613GM MARION COUNTY, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed August 19, 2004, 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. DONE AND ORDERED this 19th day of August, 2004, in Tallahassee, Leon County, Florida. Loa, Campo CHARLES A. STAMPELOS 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 Filed with the Clerk of the Division of Administrative Hearings this 19th day of August, 2004. EXHIBIT 1A. COPIES FURNISHED: Craig D. Varn, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Gordon B. Johnston, Esquire County Attorney 601 Southeast 25th Avenue Ocala, Florida 34471-2690

Docket for Case No: 03-000613GM
Issue Date Proceedings
Oct. 28, 2004 Final Order filed.
Aug. 19, 2004 Order Closing File. CASE CLOSED.
Aug. 19, 2004 Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
Jul. 21, 2004 Order Continuing Case in Abeyance (parties to advise status by August 20, 2004).
Jul. 20, 2004 Status Report (filed by Petitioner via facsimile).
Apr. 19, 2004 Order Continuing Case in Abeyance (parties to advise status by July 15, 2004).
Apr. 15, 2004 Order Continuing Case in Abeyance (parties to advise status by July 15, 2004).
Apr. 15, 2004 Status Report (filed by Petitioner via facsimile).
Dec. 09, 2003 Order Continuing Case in Abeyance (parties to advise status by March 8, 2004).
Dec. 08, 2003 Status Report (filed by Petitioner via facsimile).
Oct. 09, 2003 Order Continuing Case in Abeyance (parties to advise status by December 8, 2003).
Oct. 08, 2003 Status Report (filed by Petitioner via facsimile).
Jul. 14, 2003 Order Continuing Case in Abeyance (parties to advise status by September 8, 2003).
Jul. 07, 2003 Status Report (filed by Petitioner via facsimile).
Jun. 03, 2003 Order Continuing Case in Abeyance issued (parties to advise status by July 7, 2003).
Jun. 02, 2003 Status Report (filed by Petitioner via facsimile).
Apr. 15, 2003 Notice of Substitution of Counsel for Department of Community Affairs (filed by C. Varn via facsimile).
Apr. 09, 2003 Order Continuing Case in Abeyance issued (parties to advise status by May 12, 2003).
Apr. 09, 2003 Status Report (filed by Petitioner via facsimile).
Mar. 04, 2003 Order Placing Case in Abeyance issued (parties to advise status by April 4, 2003).
Mar. 04, 2003 Joint Response to Initial Order (filed by Petitioner via facsimile).
Feb. 26, 2003 Initial Order issued.
Feb. 24, 2003 Department of Community Affairs Objections, Recomendations and Comments (filed via facsimile).
Feb. 24, 2003 Petition for Formal Administrative Hearing (filed via facsimile).
Source:  Florida - Division of Administrative Hearings

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