Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF BROOKSVILLE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Brooksville, Florida
Filed: Aug. 06, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 16, 2004.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS
and
HERNANDO COUNTY
Petitioners, ) LJ « A
DOAH Case No. 03-2866GM (Le
Amendment No. 03-1ER-NOI -2702
Vv.
CITY OF BROOKSVILLE,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing File in this proceeding. 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 Brooksville’s (City)
Comprehensive Plan Amendments adopted by Ordinance No. 03-637 on Mey 28, 2003, are “in
compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement that required the County to
adopt certain remedial amendments. The County adopted the remedial amendments on March
15, 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,
Page 1 of 3
DCA FINAL ORDER NO. DCA04-GM-126
Florida Administrative Code. on April 22, 2004. No challenges to the Departnent’s Notice were
received.
The Department subsccuently filed a Motion to Close File And Relincuish Jurisdiction.
The Administrative Law Judge issued an Order Closing File on June 16, 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.
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 AP?EAL 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.
DCA FINAL ORDER NO. DCAC4-GM-126
MEDIATION UNDER SECTION 120.573, FLA. STAT., 1S NOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
CERTIFICATE OF FILING AND SERVICE
LEN 3 ee ee
1 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 Gs
day a 2004.
YP, «=e CO
Paula Ford F
Agency Clerk
via interagency mail:
The Honorable J. Lawrence Johnston, ALJ
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
via. U.S. Mail:
David La Croix, Esq.
123 North Main Street
Brooksville, Florida 34601-2520
Geoffrey T. Kirk, Esq.
Hernando County Attorney’s Office
20 Main Street
Brooksville, Florida 34601-2850
via hand delivery:
Leslie O. Anderson-Adams, Esq.
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 03-002866GM
Issue Date |
Proceedings |
Jul. 07, 2004 |
Final Order filed.
|
Jun. 16, 2004 |
Order Closing File. CASE CLOSED.
|
Jun. 15, 2004 |
Petitioner`s Motion to Close file and Relinquish Jurisdiction (filed via facsimile).
|
May 04, 2004 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2004).
|
Mar. 25, 2004 |
Notice of Substitution of Counsel for the Department of Community Affairs (filed by L. Anderson-Adams, Esquire, via facsimile).
|
Mar. 05, 2004 |
Letter to Judge Johnston from M. Williams regarding enclosed exhibits to be attached to the Stipulated Settlement Agreement filed.
|
Mar. 02, 2004 |
(Joint) Stipulated Settlement Agreement (filed via facsimile).
|
Mar. 02, 2004 |
Department of Community Affairs` Notice of Filing Stipulated Settlement Agreement and Request for a Stay of this Proceeding (filed via facsimile).
|
Jan. 05, 2004 |
Order Continuing Case in Abeyance (parties to advise status by March 1, 2004).
|
Dec. 31, 2003 |
Department of Community Affairs` Status Report (filed via facsimile).
|
Nov. 26, 2003 |
Interim Joint Status Report (filed via facsimile).
|
Nov. 06, 2003 |
Order Continuing Case in Abeyance (parties to advise status by January 5, 2004).
|
Nov. 06, 2003 |
Joint Status Report (filed by Petitioner via facsimile).
|
Sep. 23, 2003 |
Order Continuing Case in Abeyance (parties to advise status by November 10, 2003).
|
Sep. 22, 2003 |
Joint Status Report (filed by Petitioner via facsimile).
|
Sep. 02, 2003 |
Order Placing Case in Abeyance (parties to advise status by September 26, 2003).
|
Aug. 12, 2003 |
Order Granting Leave to Intervene (by Hernando County).
|
Aug. 12, 2003 |
Department of Community Affairs`s Response to August 6, 2003 Initial Order (filed via facsimile).
|
Aug. 08, 2003 |
Hernando County`s Intervention Petition (filed via facsimile).
|
Aug. 08, 2003 |
Hernando County`s Motion to Intervene (filed via facsimile).
|
Aug. 06, 2003 |
Initial Order.
|
Aug. 06, 2003 |
Statement of Intent to Find a Portion of Comprehensive Plan Amendment not in Compliance filed via facsimile.
|
Aug. 06, 2003 |
Notice of Intent filed via facsimile.
|
Aug. 06, 2003 |
Department of Commuity Affairs` Petition for Formal Administrative Hearing filed via facsimile.
|