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: Feb. 23, 2025
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.
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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On August 22, 2007, the County adopted Ordinance No. 07-38, which rescinded the plan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
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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.
|