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DEPARTMENT OF COMMUNITY AFFAIRS vs PINELLAS COUNTY, FLORIDA, 05-001245GM (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001245GM Visitors: 20
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PINELLAS COUNTY, FLORIDA
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Clearwater, Florida
Filed: Apr. 07, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 21, 2006.

Latest Update: Nov. 19, 2024
FINAL ORDER NO. DCA06-GM-165 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, VS. PINELLAS 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 Pinellas County’s (County) Comprehensive Plan Amendment adopted by Ordinance No. 04-92 on December 21, 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 May 24, 2006, 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. DCA06-GM-165 The Department subsequently filed with the Division of Administrative Hearings a Motion to Relinquish Jurisdiction. On June 21, 2006, the Administrative Law Judge issued his Order Relinquishing Jurisdiction to the Department and Closing File. 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 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., ISNOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA06-GM-165 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 correc, copies have been furnished to the persons listed below.ia the manner t described, on this / / 1 day of July 2006. aula For by reer Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL, 32399-3060 Susan H. Churuti, Esq. David Sadowsky, Esq. Pinellas County Attorney’s Office 315 Court Street Clearwater, Florida 33756 Hand Delivery: Leslie Bryson Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Bivd. Tallahassee, Florida 32399

Docket for Case No: 05-001245GM
Issue Date Proceedings
Jul. 12, 2006 Final Order filed.
Jun. 21, 2006 Order Closing File. CASE CLOSED.
Jun. 16, 2006 Notice of Filing Cumulative Notice of Intent and Motion to Close File and Relinquish Jurisdiction filed.
Feb. 27, 2006 Order Continuing Case in Abeyance (parties to advise status by July 31, 2006).
Feb. 16, 2006 Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
Dec. 08, 2005 Order Continuing Case in Abeyance (parties to advise status by March 8, 2006).
Dec. 07, 2005 Status Report filed.
Sep. 08, 2005 Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
Sep. 06, 2005 Motion to Accept Status Report, Status Report and Motion for Continuance filed.
Jul. 01, 2005 Order Continuing Case in Abeyance (parties to advise status by September 2, 2005).
Jun. 29, 2005 Status Report and Motion for Continuance filed.
Apr. 15, 2005 Order Placing Case in Abeyance (parties to advise status by June 30, 2005).
Apr. 14, 2005 Joint Response to Initial Order and Request to Place Case in Abeyance filed.
Apr. 07, 2005 Initial Order.
Apr. 07, 2005 Notice of Intent filed.
Apr. 07, 2005 Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
Apr. 07, 2005 Petition of the Department of Community Affairs filed.
Apr. 07, 2005 Agency referral filed.
Source:  Florida - Division of Administrative Hearings

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