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DEPARTMENT OF COMMUNITY AFFAIRS vs SANTA ROSA COUNTY, 03-003683 (2003)

Court: Division of Administrative Hearings, Florida Number: 03-003683 Visitors: 34
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 Oe % STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, “a Ts o. a v. DOAH Case No. 03-366361 7 a oa “o SANTA ROSA COUNTY, d : Che 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 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).
Source:  Florida - Division of Administrative Hearings

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