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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF BROOKSVILLE, 03-002866GM (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002866GM Visitors: 6
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.
Source:  Florida - Division of Administrative Hearings

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