Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CHARLOTTE COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Port Charlotte, Florida
Filed: Jun. 08, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 23, 2010.
Latest Update: Aug. 03, 2010
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FINAL ORDER NO. DCA 08-GM~277
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
Vv. DOAH Case No. 06-2011GM
CHARLOTTE 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 the Charlotte
County.Comprehensive.-Plan Amendment. 06-1, adopted by.Ordinances.
2006-26 and 2006-27, on April 4, 2006, is “in compliance” with
the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”).
All parties to this proceeding entered into separate
Stipulated Settlement Agreements resolving first the issues in
Ordinance 2006-26, and second the issues in Ordinance 2006-27,
FINAL ORDER NO. DCA 08-GM-277
through additional data and analysis provided by the County. The
Department subsequently published its Amended Notice of Intent to
find the Plan Amendment “in compliance” with Chapter 163, Part
II, Florida Statutes, and Rule 9J-5, Florida Administrative Code
on August 26, 2008.
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 this day in Tallahassee, Florida.
Shaw P. fu General Counsel
DEPARTMENT: OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA 08-GM-277
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., IS NOT
AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER.
FINAL ORDER NO. DCA 08-GM-277
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 by the manner indicated to each of the persons listed
. sik
below on thi —— day of Gb edohu
, 2008.
Pau¥a Ford
(Ah
Agency Clerk
By U.S. Mail
The Honorable Donald R. Alexander
Administrative Law Judge .
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Richard A. Browne, Esq.
Charlotte County Attorneys Office
18500 Murdock Circle
Port Charlotte, Florida 33948-1094
“By Hand Delivery
Lynette Norr
Assistant General Counsel
Department of Community Affairs
Page 4 of 4
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGSE3 E Cc EiV E D
DEPARTMENT OF COMMUNITY SEP 24 2006
AFFAIRS, DEPT, OF COMMUNITY AFFAIRS
GENERAL COUNSEL'S OFFICE
Petitioner,
vs. Case No. 06-2011GM
CHARLOTTE COUNTY,
Respondent.
wee wee Se Ser
ORDER CLOSING FILE
This cause having come before the undersigned on
Petitioner's Motion to Close File and Relinquish Jurisdiction,
and the undersigned being fully advised in the premises, it is,
therefore,
ORDERED that:
1. Petitioner's motion is granted.
2. The file of the Division of Administrative Hearings in
the above-captioned matter is hereby closed and jurisdiction is
relinquished to the agency.
DONE AND ORDERED this 22nd day of September, 2008, in
Tallahassee, Leon County, Florida.
SV rere (2
DONALD R. ALEXANDER
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
7 EXHIBIT
A
Filed with the Clerk of the
Division of Administrative Hearings
this 22nd day of September, 2008.
COPIES FURNISHED:
Richard A. Browne, Esquire
Charlotte County Attorneys' Office
18500 Murdock Circle
Port Charlotte, Florida 33948-1094
Lynette Norr, Esquire -
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
ca
Docket for Case No: 06-002011GM
Issue Date |
Proceedings |
Aug. 03, 2010 |
Agency Final Order filed.
|
Jul. 23, 2010 |
Order Closing File. CASE CLOSED.
|
Jul. 23, 2010 |
Petitioner Department of Community Affairs' Motion to Close Reopened File and Relinquish Jurisdiction filed.
|
Jun. 25, 2010 |
Order Reopening File.
|
Jun. 16, 2010 |
Joint Motion to Vacate Final Order, in Part and Reopen Proceeding, in Part filed.
|
Oct. 06, 2008 |
Final Order filed.
|
Sep. 22, 2008 |
Order Closing File. CASE CLOSED.
|
Sep. 19, 2008 |
Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
|
Jul. 25, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 31, 2008).
|
Jul. 25, 2008 |
Amended Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Jul. 25, 2008 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Jul. 22, 2008 |
Order Continuing Case in Abeyance (parties to advise status by August 29, 2008).
|
Jul. 21, 2008 |
Status Report filed.
|
May 09, 2008 |
Order Continuing Case in Abeyance (parties to advise status by July 21, 2008).
|
May 09, 2008 |
Status Report filed.
|
Jan. 31, 2008 |
Order Continuing Case in Abeyance (parties to advise status by May 9, 2008).
|
Jan. 31, 2008 |
Status Report filed.
|
Oct. 25, 2007 |
Order Continuing Case in Abeyance (parties to advise status by January 31, 2008).
|
Oct. 23, 2007 |
Notice of Filing Complance Agreement filed.
|
Sep. 04, 2007 |
Order Continuing Case in Abeyance (parties to advise status by October 26, 2007).
|
Aug. 31, 2007 |
Status Report filed.
|
Jul. 02, 2007 |
Order Continuing Case in Abeyance (parties to advise status by August 31, 2007).
|
Jun. 25, 2007 |
Status Report filed.
|
Apr. 23, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 25, 2007).
|
Apr. 20, 2007 |
Status Report filed.
|
Feb. 16, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 20, 2007).
|
Feb. 16, 2007 |
Status Report filed.
|
Jan. 12, 2007 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Norr).
|
Dec. 12, 2006 |
Amended Order Continuing Case in Abeyance (parties to advise status by February 16, 2007).
|
Dec. 11, 2006 |
Order Continuing Case in Abeyance (parties to advise status by February 16, 2007).
|
Dec. 11, 2006 |
Status Report filed.
|
Nov. 01, 2006 |
Order Continuing Case in Abeyance (parties to advise status by December 8, 2006).
|
Oct. 31, 2006 |
Status Report filed.
|
Sep. 01, 2006 |
Order Continuing Case in Abeyance (parties to advise status by November 3, 2006).
|
Aug. 31, 2006 |
Status Report filed.
|
Jun. 23, 2006 |
Order Placing Case in Abeyance (parties to advise status by August 31, 2006).
|
Jun. 22, 2006 |
Joint Response to Initial Order filed.
|
Jun. 09, 2006 |
Initial Order.
|
Jun. 08, 2006 |
Notice of Intent to Find Charlotte County Comprehensive Plan Amendments Adopted by Ordinance not in Compliance filed.
|
Jun. 08, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Jun. 08, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Orders for Case No: 06-002011GM