Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF MILTON
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Milton, Florida
Filed: Jun. 02, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 20, 2004.
Latest Update: Dec. 23, 2024
DCA FINAL ORDER NO. DCA04-GM-193
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS,
Petitioner, C AS a (0S
v. DOAH Case No. 03-2073GM
Docket No. 03-1 ER-NOI-5704-(1)-(N)
CITY OF MILTON,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has
entered an Order Closing File in this proceeding, which is attached as Exhibit “A.” The
Department of Community Affairs hereby adopts this Final Order and states:
BACKGROUND
This is a proceeding to determine whether portions of the City of Milton’s (City)
Comprehensive Plan Amendment adopted by Ordinance No. 1114-03 on April 8, 2003,
are “in compliance” with the Local Government Comprehensive Planning and Land
Development Regulation Act, Ch. 163, Part I, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement that required the City
to adopt certain remedial amendments. The City adopted the remedial amendments on
August 12, 2004. The Department subsequently published its Cumulative Notice of
Intent to find the Plan Amendment and the remedial amendment to be “in compliance”
with the Act and Rule 9J-5, Florida Administrative Code, on September 8, 2004. No
challenges to the Department’s Notice were received.
DCA FINAL ORDER NO. DCA04-GM-193
The Department subsequently filed a Motion to Close File And Relinquish
Jurisdiction. The Administrative Law Judge issued an Order Closing File on September
20, 2004.
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.
SL &,
THADDEUS COHEN, AIA, 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.
DCA FINAL ORDER NO. DCA04-GM-193
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,
4y, fn
on this4 7 day of October, 2004.
via interagency mail:
The Honorable Charles A. Stampelos
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
via. U.S. Mail:
Roy Andrews, Esq.
Lindsay, Andrews & Leonard, P.A.
P.O. Box 586
Milton, Florida 32572
via hand delivery:
Timothy E. Dennis, Esq.
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
? i: - ? A ;
ST Midd are #y aa
Paula Ford
Agency Clerk
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS 04 fy 28 py I:
O}
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 03-2073GM
CITY OF MILTON,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the Status
Report and Motion to Close File and Relinquish Jurisdiction filed
on September 17, 2004, and the undersigned being fully advised,
it is, therefore,
ORDERED that:
1. The Motion to Close File and Relinquish Jurisdiction is
granted.
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed and jurisdiction is
relinquished to the Department.
DONE AND ORDERED this 20th day of September, 2004, in
Tallahassee, Leon County, Florida.
Lp, ll rnp een
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
EXHIBIT
A
Filed with the Clerk of the
Division of Administrative Hearings
this 20th day of September, 2004.
COPIES FURNISHED:
Roy Andrews, Esquire
City of Milton
Fost Office Box 586
Milton, Florida 32572
Timothy E. Dennis, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 03-002073GM
Issue Date |
Proceedings |
Oct. 28, 2004 |
Final Order filed.
|
Sep. 20, 2004 |
Order Closing File. CASE CLOSED.
|
Sep. 17, 2004 |
Status Report and Motion to Close File and Relinquish Jurisdiction (filed by Petitioner via facsimile).
|
Jul. 23, 2004 |
Order Continuing Case in Abeyance (parties to advise status by September 23, 2004).
|
Jul. 23, 2004 |
Joint Status Report and Motion for Continued Abeyance of Administrative Proceedigs (filed via facsimile).
|
Apr. 23, 2004 |
Order Continuing Case in Abeyance (parties to advise status by July 23, 2004).
|
Apr. 23, 2004 |
Joint Status Report and Motion for Continued Abeyance or Administrative Proceedings (filed by Petitioner via facsimile).
|
Feb. 25, 2004 |
Order Continuing Case in Abeyance (parties to advise status by April 23, 2004).
|
Feb. 23, 2004 |
Petitioner`s Status Report and Motion for Continued Abeyance of Administrative Proceedings (filed via facsimile).
|
Dec. 26, 2003 |
Order Continuing Case in Abeyance (parties to advise status by February 23, 2004).
|
Dec. 23, 2003 |
Petitioner`s Status Report and Motion for Continued Abeyance of Administrative Proceedings (filed via facsimile).
|
Oct. 22, 2003 |
Order Continuing Case in Abeyance (parties to advise status by December 22, 2003).
|
Oct. 21, 2003 |
Petitioner`s Status Report and Motion for Continued Abeyance of Administrative Proceedings (filed via facsimile).
|
Aug. 15, 2003 |
Order Continuing Case in Abeyance (parties to advise status by October 14, 2003).
|
Aug. 14, 2003 |
Petitioner`s Status Report and Motion for Continued Abeyance of Administrative Proceedings (filed via facsimile).
|
Jun. 10, 2003 |
Order Placing Case in Abeyance (parties to advise status by August 11, 2003).
|
Jun. 09, 2003 |
Joint Response to Initial Order and Motion to Place Proceedings in Abeyance (filed by T. Dennis via facsimile).
|
Jun. 04, 2003 |
Initial Order issued.
|
Jun. 02, 2003 |
Compliance Except for Amendment No. 2002-1B of the Future Land Use Element Adopted Pursuant to Ordinance No. 1114-03 on Aprils 8, 2003 Which is Not in Compliance (filed via facsimile).
|
Jun. 02, 2003 |
State of Florida Department of Community Affairs Notice of Intent to Find the City of Milton Comprehensive Plan Amendments Adopted by Ordinance No.1114-03 on April 8, 2003 in etc. (filed via facsimile).
|
Jun. 02, 2003 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance (filed via facsimile).
|
Jun. 02, 2003 |
Petition for Formal Administrative Hearing (filed via facsimile).
|