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DEPARTMENT OF COMMUNITY AFFAIRS vs BAY COUNTY, 05-004366GM (2005)

Court: Division of Administrative Hearings, Florida Number: 05-004366GM Visitors: 22
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.
Source:  Florida - Division of Administrative Hearings

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