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DEPARTMENT OF COMMUNITY AFFAIRS vs GLADES COUNTY, 03-000630GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-000630GM Visitors: 30
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: GLADES COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Tallahassee, Florida
Filed: Feb. 26, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 8, 2003.

Latest Update: Dec. 25, 2024
STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Vv. DOAH Case No. 03-0630GM GLADES 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 Glades County adopted Comprehensive Plan Amendment 02-2 by Ordinance Nos. 2002-10 and 2002-11 on December 30, 2002. The Department reviewed the Amendment, determined that it was not consistent with State law, and caused to be published a Notice of Intent to find the Amendment not “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes. The Department then instituted this administrative proceeding against Glades County. See Fla. Stat. § 163.3184(10). FINAL ORDER NO. DCA03-GM-284 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 County adopted the remedial amendments, 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. No Exceptions to the Administrative Law Judge’s Order were filed. 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. 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 Page 2 of 3 FINAL ORDER NO. DCA03-GM-284 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 Agency Clerk of the Department of Community Affairs, and that true and correct copies have been furnished to the persons listed below in the manner described, on this Wy (YY day of October, 2003. e? (Wow Wwe Paula Ford Agency Clerk U. S. Mail: The Honorable Donald R. Alexander Division of Aministrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Michael A. Rider Law Offices of Michael A. Rider 13 North Oak Street Lake Placid, Florida 33852 Hand Delivery: Shaw Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 3 of 3

Docket for Case No: 03-000630GM
Issue Date Proceedings
Oct. 21, 2003 Final Order filed.
Oct. 08, 2003 Order Closing File. CASE CLOSED.
Oct. 07, 2003 Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
Jun. 11, 2003 Order Continuing Case in Abeyance (parties to advise status by September 29, 2003).
Jun. 11, 2003 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Mar. 11, 2003 Order Placing Case in Abeyance issued (parties to advise status by June 30, 2003).
Mar. 10, 2003 Joint Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
Mar. 03, 2003 Initial Order issued.
Feb. 26, 2003 Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
Feb. 26, 2003 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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