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DEPARTMENT OF COMMUNITY AFFAIRS vs PINELLAS COUNTY, 06-002320GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-002320GM Visitors: 10
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PINELLAS COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Environmental, Florida
Filed: Jun. 29, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, September 5, 2007.

Latest Update: Oct. 04, 2024
FINAL ORDER NO. DCA07-GM-236 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. ’ Case No. 06-2320GM PINELLAS COUNTY, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceeding to determine whether the Pinellas County (“County”) comprehensive plan amendment 06-1, adopted by Ordinance No. 06-31 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”). The Department issued a Notice of Intent to find the plan amendment adopted by Ordinance No. 06-31 to be not “in compliance,” and subsequently filed its Petition for a Formal Administrative Hearing with the Division of Administrative Hearings (“Division”). Following the referral to the Division, the parties requested that the matter be placed in abeyance for settlement negotiations. On August 22, 2007, the County adopted Ordinance No. 07-38, which rescinded the plan FINAL ORDER NO. DCA07-GM-236 amendment at issue in this proceeding. The Department subsequently voluntarily dismissed its Petition. On September 5, 2007, the Administrative Law Judge issued the 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. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA07-GM-236 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). ACOPY 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. DCA07-GM-236 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this i x day of October, 2007. U.S. Mail: The Honorable J. L. Johnston Administrative Law Judge Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, FL 32399-3060 David Sadowsky, Esquire Pinellas Assistant County Attorney 315 Court Street, 6th Floor Clearwater, Florida 33756 Hand Delivery: Leslie Bryson, Esq. Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FL 32399 / bal L 4nd. Paula Ford Agency Clerk

Docket for Case No: 06-002320GM
Issue Date Proceedings
Oct. 19, 2007 Final Order filed.
Sep. 05, 2007 Order Closing File. CASE CLOSED.
Aug. 31, 2007 Notice of Voluntary Dismissal filed.
Jun. 26, 2007 Order Continuing Case in Abeyance (parties to advise status by September 4, 2007).
May 04, 2007 Order Continuing Case in Abeyance (parties to advise status by July 3, 2007).
May 03, 2007 Joint Status Report filed.
Mar. 26, 2007 Status Report filed.
Mar. 05, 2007 Order Continuing Case in Abeyance (parties to advise status by May 4, 2007).
Mar. 05, 2007 Joint Status Report filed.
Jan. 02, 2007 Order Continuing Case in Abeyance (parties to advise status by March 5, 2007).
Dec. 27, 2006 Joint Status Report filed.
Oct. 02, 2006 Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Bryson).
Jul. 07, 2006 Order Placing Case in Abeyance (parties to advise status by January 2, 2007).
Jul. 05, 2006 Joint Response to Initial Order and Motion to Place Case in Abeyance filed.
Jun. 29, 2006 Initial Order.
Jun. 29, 2006 Notice of Intent to Find the Pinellas County Comprehensive Plan Amendment Not in Compliance filed.
Jun. 29, 2006 Statement of Intent to Find a Portion of Comprehensive Plan Amendment Not in Compliance filed.
Jun. 29, 2006 Petition of the Department of Community Affairs filed.
Source:  Florida - Division of Administrative Hearings

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