Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PASCO COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: New Hope, Florida
Filed: Jul. 06, 2004
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 12, 2005.
Latest Update: Feb. 07, 2025
STATE OF FLORIDA VISION Q
DEPARTMENT OF COMMUNITY AFFAIRS ADMINIS TRA |
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
vs. DOAH Case No. 04-2333GM
PASCO COUNTY,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as
Exhibit A.
BACKGROUND
This is a proceeding to determine whether Pasco County’s (County) Comprehensive Plan
Amendment adopted by Ordinance No. 04-17 on April 27, 2004, is “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 which required the County to
adopt certain remedial amendments. The County adopted the remedial amendments and, on July
17, 2005, the Department subsequently published its Cumulative Notice of Intent to find the Plan
Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA05-GM-214
The Department subsequently filed with the Division of Administrative Hearings a
Motion to Relinquish Jurisdiction. On August 12, 2005, the Administrative Law Judge issued
his Order Relinquishing Jurisdiction to the Department and Closing File (copy attached hereto).
No Exceptions to the Administrative Law Judge's Order were filed. .
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 L. Cohen, AIA, Secretary
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 1S 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.
FINAL ORDER NO. DCA05-GM-214
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
day of Mevember 2005.
Decembr
U.S. Mail:
The Honorable J. Lawrence Johnston
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
David Goldstein, Esquire
Pasco County Attorney’s Office
7530 Little Road, Suite 340
New Port Richey, Florida 34654-5598
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
Paula Ford a a
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 04-002333GM
Issue Date |
Proceedings |
Dec. 12, 2005 |
Final Order filed.
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Aug. 12, 2005 |
Order Closing File. CASE CLOSED.
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Aug. 09, 2005 |
Motion to Close File and Relinquish Jurisdiction filed.
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Aug. 04, 2005 |
Status Report filed.
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Apr. 20, 2005 |
Order Continuing Case in Abeyance (parties to advise status by August 8, 2005).
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Apr. 19, 2005 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
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Jan. 18, 2005 |
Order Continuing Case in Abeyance (parties to advise status by April 19, 2005).
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Jan. 14, 2005 |
Status Report and Motion for Continuance (filed by Petitioner).
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Dec. 17, 2004 |
Order Continuing Case in Abeyance (parties to advise status by January 19, 2005).
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Dec. 17, 2004 |
Status Report and Motion for Continuance filed.
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Nov. 22, 2004 |
Order Continuing Case in Abeyance (parties to advise status by December 20, 2004).
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Nov. 18, 2004 |
Status Report and Motion for Continuance (filed by Petitioner via facsimile).
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Nov. 12, 2004 |
Notice of Substitution of Counsel for Department of Community Affairs (filed via facsimile).
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Sep. 15, 2004 |
Order Continuing Case in Abeyance (parties to advise status by November 19, 2004).
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Sep. 15, 2004 |
Status Report (via efiling by Craig Varn).
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Jul. 21, 2004 |
Order Placing Case in Abeyance (parties to advise status by September 20, 2004).
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Jul. 20, 2004 |
Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
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Jul. 06, 2004 |
Notice of Intent to Find the Pssco County Amendment(s), No.(s)04-1(8), Adopted by Ordinance No. 04-17 on April 27, 2004 not in Compliance, and the remaining Amendment(s) Adopted Pursuant to Ordinance 04-11 thru 04-16 and 04-18, in Compliance Docket No. 04-1-NOI-5101-(A)-(N) (filed via facsimile).
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Jul. 06, 2004 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance (filed via facsimile).
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Jul. 06, 2004 |
Department of Community Affairs` Petition for Formal Administrative Hearing (filed via facsimile).
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Jul. 06, 2004 |
Initial Order.
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