Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF MASCOTTE
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Mascotte, Florida
Filed: Aug. 14, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 11, 2007.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA07-GM-237
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY AFFAIRS,
Petitioner,
v. DOAH Case No. 06- hi
CITY OF MASCOTTE,
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 City of Mascotte’s (“City”) Comprehensive
Plan Amendments adopted by Ordinance No. 2005-07-387 on April 17, 2006, are “in
compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”).
The parties entered into a Stipulated Settlement Agreement which required the City to
adopt certain remedial amendments. The City adopted the remedial amendments and, on June
13, 2007, the Department subsequently published its Cumulative Notice of Intent to find the Plan
Amendments and the remedial amendments to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA07-GM-237
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On July 11, 2007, the Administrative Law Judge issued his 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
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. DCA07-GM-237
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 COITECS. p
copies have been furnished to the persons listed below in the manner described, on this —_
day of October, 2007.
U. S. Mail:
The Honorable J. L. Johnston
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Hand Delivery:
Leslie Bryson, Esquire
Department of Community A ffairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
HAP 4k
Paula Ford
Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Linda Loomis Shelley, Esq.
Karen Brodeen, Esq.
Fowler White Boggs Banker
101 North Monroe Street, Suite 1090
Tallahassee, FL 32301
Docket for Case No: 06-002902GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Jul. 11, 2007 |
Order Closing File. CASE CLOSED.
|
Jul. 10, 2007 |
Notice of Voluntary Dismissal filed.
|
May 30, 2007 |
Order Continuing Case in Abeyance (parties to advise status by September 20, 2007).
|
May 29, 2007 |
(Joint) Stipulated Settlement Agreement filed.
|
May 29, 2007 |
Notice of Filing Stipulated Settlement Agreement filed.
|
Apr. 09, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 4, 2007).
|
Apr. 06, 2007 |
Joint Status Report filed.
|
Mar. 06, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 4, 2007).
|
Mar. 05, 2007 |
Joint Status Report filed.
|
Jan. 22, 2007 |
Order Continuing Case in Abeyance (parties to advise status by March 5, 2007).
|
Jan. 19, 2007 |
Joint Status Report filed.
|
Nov. 27, 2006 |
Order Continuing Case in Abeyance (parties to advise status by January 19, 2007).
|
Nov. 20, 2006 |
Joint Status Report filed.
|
Aug. 24, 2006 |
Order Placing Case in Abeyance (parties to advise status by November 20, 2006).
|
Aug. 22, 2006 |
Joint Response to Initial Order filed.
|
Aug. 15, 2006 |
Initial Order.
|
Aug. 14, 2006 |
Notice of Intent to Find the City of Mascotte Comprehensive Plan Amendments Not in Compliance filed.
|
Aug. 14, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Aug. 14, 2006 |
Letter to S. Sloan from V. Hubbard regarding Comprehensive Plan Amendments filed.
|
Aug. 14, 2006 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|