Elawyers Elawyers
Washington| Change

DEPARTMENT OF COMMUNITY AFFAIRS vs CHARLOTTE COUNTY, 06-002011GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002011GM Visitors: 9
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
£ 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
Issue Date Document Summary
Aug. 03, 2010 Agency Final Order
Aug. 03, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer