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DEPARTMENT OF COMMUNITY AFFAIRS vs ORANGE COUNTY, 06-003320GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003320GM Visitors: 14
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: ORANGE COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Orlando, Florida
Filed: Sep. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, December 17, 2007.

Latest Update: Dec. 26, 2024
FINAL ORDER NO. DCA08-GM-234 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Vv. DOAH Case No.: 06-3320GM ORANGE COUNTY, Respondent, and > Ss BARGROVE, LLP, o., = =z => (OY PISS Scena Intervenor. BAL re / Ene O° - Gro Ty 275 0 FINAL ORDER < S fons) An Administrative Law Judge of the Division of Administrative Hearings has étitered 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 Orange County’s (County) Comprehensive Plan Amendment 06-1 adopted by Ordinance No. 2006-08 on June 13, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and, on October 30, 2007, the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part Il, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On December 17, 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 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. 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 coryec copies have been furnished to the persons listed below in the manner described, on this day of October, 2008. aula Ford ‘Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U. S. Mail: Hand Delivery: The Honorable Donald R. Alexander Leslie Bryson, Esquire Administrative Law Judge Department of Community Affairs Division of Administrative Hearings : 2555 Shumard Oak Blvd. The DeSoto Building Tallahassee, Florida 32399 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Jean A. Roush-Burnett, Esquire Lowndes, Drosdick, Doster, Kantor, et al. P.O. Box 2809 Orlando, FL 32802-2809 Joel D. Prinsell, Esquire Office of the Orange Co. Attorney 201 South Rosalind Ave., 5th Floor Orlando, FL 32801-3527 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 06-3320GM ORANGE COUNTY, Respondent, and BARGROVE, LLP,: Intervenor. wee he Ye He Ye Ye YS YS YS ES LS EELS LL ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the agency. DONE AND ORDERED this 17th day of December, 2007, in Tallahassee, Leon County, Florida. 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 EXHIBIT Filed with the Clerk of the Division of Administrative Hearings this 17th day of December, 2007. COPIES FURNISHED: Leslie E. Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jean A. Roush-Burnett, Esquire Lowndes, Drosdick, Doster, Kantor & Reed, P.A. Post Office Box 2809 Orlando, Florida 32802-2809 Joel D. Prinsell, Esquire Office of the Orange County Attorney 201 South Rosalind Avenue, 5th Floor Orlando, Florida 32801-3527

Docket for Case No: 06-003320GM
Issue Date Proceedings
Oct. 20, 2008 Final Order filed.
Dec. 17, 2007 Order Closing File. CASE CLOSED.
Dec. 13, 2007 Notice of Voluntary Dismissal filed.
Oct. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by December 14, 2007).
Oct. 03, 2007 Status Report and Stipulated Settlement Agreement filed.
Jun. 29, 2007 Order Continuing Case in Abeyance (parties to advise status by September 28, 2007).
Jun. 28, 2007 Status Report filed.
Jun. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by June 29, 2007).
May 21, 2007 Status Report filed.
Apr. 16, 2007 Order Continuing Case in Abeyance (parties to advise status by May 18, 2007).
Apr. 13, 2007 Status Report filed.
Mar. 08, 2007 Order Continuing Case in Abeyance (parties to advise status by April 13, 2007).
Mar. 07, 2007 Status Report filed.
Jan. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by March 7, 2007).
Dec. 29, 2006 Status Report filed.
Sep. 13, 2006 Order Placing Case in Abeyance (parties to advise status by December 29, 2006).
Sep. 12, 2006 Joint Response to Initial Order filed.
Sep. 12, 2006 Order (Bargrove, LLP granted Intervenor status).
Sep. 11, 2006 Uncontested Petition for Leave to Intervene (Bargrove, LLP) filed.
Sep. 07, 2006 Initial Order.
Sep. 06, 2006 Notice of Intent to Find Orange County Comprehensive Plan Amendment Not in Compliancefiled.
Sep. 06, 2006 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Sep. 06, 2006 Department of Community Affairs` Petition for Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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