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: Aug. 28, 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.
|