Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: SANTA ROSA COUNTY
Judges: CHARLES A. STAMPELOS
Agency: Department of Community Affairs
Locations: Milton, Florida
Filed: Oct. 10, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 28, 2004.
Latest Update: Dec. 25, 2024
DCA FINAL ORDER NO. DCA04-OR-120
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS a
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STATE OF FLORIDA, DEPARTMENT
OF COMMUNITY AFFAIRS,
Petitioner, “a
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SANTA ROSA COUNTY, d :
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Respondent. .
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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 Santa Rosa County’s
(County) Comprehensive Plan Amendments adopted by Ordinance Nos. 2003-23 and
2003-25 on August 12, 2003, are “in compliance” with the Local Government
Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II,
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 2, 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 May 08, 2004.
No challenges to the Department’s Notice were received,
DCA FINAL ORDER NO. DCA04-OR-120
The Department subsequently filed a Motion to Close File And Relinquish
Jurisdiction. The Administrative Law Judge issued an Order Closing File on May 28,
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.
Wi, COHEN, AIA, —
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-OR-120
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 IS Bay of June, 2004.
(Nite Stuy2%
aula Ford
Agency Clerk
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:
Tom Dannheiser, Esq.
County Attorney
6495 Caroline Street, Suite C
Milton, Florida 32570
via hand delivery:
Timothy E. Dennis, Esq.
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 03-003683
Issue Date |
Proceedings |
Jun. 16, 2004 |
Final Order filed.
|
May 28, 2004 |
Order Closing File. CASE CLOSED.
|
May 28, 2004 |
Petitioner Department of Community Affairs` Motion to Close file and Relinquish Jurisdiction (filed via facsimile).
|
Apr. 19, 2004 |
Order Continuing Case in Abeyance (parties to advise status by June 1, 2004).
|
Apr. 16, 2004 |
Joint Status Report and Motion for Continued Abatement of Proceedings (filed by Petitioner via facsimile).
|
Jan. 15, 2004 |
Order Continuing Case in Abeyance (parties to advise status by April 15, 2004).
|
Jan. 15, 2004 |
Joint Status Report and Motion for Continued Abatement of Proceedings (filed by Petitioner via facsimile).
|
Oct. 21, 2003 |
Respondent`s Response to Initial Order and Petitioner`s Response (filed via facsimile).
|
Oct. 20, 2003 |
Order Placing Case in Abeyance (parties to advise status by January 16, 2004).
|
Oct. 17, 2003 |
Petitioner`s Response to Initial Order and Motion to Place Proceedings in Abeyance (filed via facsimile).
|
Oct. 13, 2003 |
Initial Order.
|
Oct. 10, 2003 |
Table 4.1 from the Transportation Element that Establishes a Level of Service Standard of "F-Maintain" Adopted Pursuant to Ordinance No. 2003-25 on August 12, 2003 Which are not in Compliance (filed via facsimile).
|
Oct. 10, 2003 |
State of Florida Department of Community Affairs Notice of Intent to Find the Santa Rosa County Comprehensive Plan Amendments Adopted by Ordinance No. 2003-23 and 2003-25 on August 12, 2003, in Compliance Except for CPA Amendments 2003-25 Line Item 10 of etc. (filed via facsimile).
|
Oct. 10, 2003 |
Statement of Intent to Find Comprehensive Plan Amendment Partially not in Compliance (filed via facsimile).
|
Oct. 10, 2003 |
Petition for Formal Administrative Hearing (filed via facsimile).
|