Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: BAY COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Panama City, Florida
Filed: Dec. 01, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 7, 2006.
Latest Update: Dec. 25, 2024
FINAL ORDER NO. DCA06-GM-164
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner, ~ =
oO
vs. >
BAY COUNTY, DOAH Case No. 05"4366GM
09
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 Bay County (“County”) Comprehensive Plan
Amendment 05-1A, adopted by Ordinance No. 05-55, on September 20, 2005 is “in compliance”
with the Local Government Comprehensive Planning and Land Development Regulation Act,
Ch. 163, Part 0, Florida Statutes.
The parties entered into a Stipulated Settlement Agreement which required the County to
adopt certain remedial amendments. The County adopted the remedial amendments and the
Department of Community Affairs (“Department”) subsequently published a Cumulative Notice
of Intent to find the original plan amendment and the remedial amendment “in compliance” with
Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA06-GM-164
The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction.
The Administrative Law Judge issued an Order 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
DEPARTMENT OF COMMUNITY AFFAIRS
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
DISTRICT COURT OF APPEAL.
MEDIATION UNDER SECTION 120.5 73, FLA. STAT., IS NOT AVAILABLE WITH
RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA06-GM-164
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the ori
undersigned Agency Clerk of the De
ginal of the foregoing has been filed with the
partment of Community Affairs, and that true and corre t
copies have been furnished to the persons listed below in the manner described, on this / 9 aay
of “July, 2006.
U.S. Mail:
The Honorable Bram D. E. Canter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Terrell K. Arline, Esq.
Counsel for Bay County
3205 Brentwood Way _
Tallahassee, Florida 32309-2705
& Ald? AQ ae
Paula Ford
Agency Clerk
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Hand Delivery:
Kelly A. Martinson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
CE
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 05-4366GM
BAY COUNTY,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Motion to Close File and Relinquish Jurisdiction,
filed June 23, 2006, and the undersigned being fully advised in
the premises, it is, therefore,
ORDERED that:
1. Jurisdiction is relinquished to the Department of
Community Affairs.
2. The file of the Division of Administrative Hearings in
the above-captioned matter igs hereby closed.
XHIBIT
DONE AND ORDERED this 7th day of July, 2006, in Tallahassee,
Leon County, Florida.
BRAM D. E. CANTER
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
www.doah.state.fl.us
Filed with the Clerk:of the
Division of Administrative Hearings
this 7th day of July, 2006.
COPIES FURNISHED:
Terrell K. Arline, Esquire
3205 Brentwood Way
Tallahassee, Florida 32309
Kelly A. Martinson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Docket for Case No: 05-004366GM
Issue Date |
Proceedings |
Jul. 20, 2006 |
Final Order filed.
|
Jul. 07, 2006 |
Order Closing File. CASE CLOSED.
|
Jun. 23, 2006 |
Motion to Close File and Relinquish Jurisdiction filed.
|
May 25, 2006 |
Stay Order.
|
May 25, 2006 |
Stipulated Settlement Agreement filed.
|
May 25, 2006 |
Notice of Filing Stipulated Settlement Agreement and Request for Continued Stay of Proceedings filed.
|
Mar. 02, 2006 |
Letter to Judge Canter from S. Dahl enclosing an Order sent in error filed.
|
Feb. 24, 2006 |
Order Continuing Case in Abeyance (parties to advise status by June 24, 2006).
|
Feb. 24, 2006 |
Status Report and Motion for Continued Abeyance of Proceedings filed.
|
Dec. 09, 2005 |
Order Placing Case in Abeyance (parties to advise status by March 1, 2006).
|
Dec. 08, 2005 |
Joint Response to Initial Order and Request to Place Case in Abeyance filed.
|
Dec. 01, 2005 |
Notice of Intent to Fine the Bay County Amendments not in Compliance filed.
|
Dec. 01, 2005 |
Statement of Intent to Find the Comprehensive Plan Amendment not in Compliance filed.
|
Dec. 01, 2005 |
Petition of the Department of Community Affairs filed.
|
Dec. 01, 2005 |
Initial Order.
|