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DEPARTMENT OF COMMUNITY AFFAIRS vs GLADES COUNTY, 06-003821GM (2006)

Court: Division of Administrative Hearings, Florida Number: 06-003821GM Visitors: 242
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: GLADES COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Moore Haven, Florida
Filed: Oct. 05, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, March 18, 2009.

Latest Update: Nov. 17, 2024
FINAL ORDER NO. DCA 09-GM-068 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, oo >» 8 ae) ten = nhs es ee 2 re PRe 8 a aa O FT Petitioner, aa > ow) B22, © v. DOAH Case No. 06-3821GM™ oO GLADES 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 Glades County Comprehensive Plan Amendment 06-1, adopted by Ordinance 2006-19 on July 24, 2006, as remediated by Comprehensive Plan Amendment 08-R1, adopted by Ordinance 2008-40, on December 18, 2008, is “in compliance” with the Local Government Comprehensive Planning and Statutes (the Land Development Regulation Act, Ch. 163, Part II, Florida “Act” ) . All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain FINAL ORDER NO. DCA 09-GM-068 remedial amendments. The County adopted the remedial amendments and 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 II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. No affected person, as defined by Section 163.3184(1) (a), Florida Statutes, filed a petition challenging the Cumulative Notice, and the time for doing so has expired. 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. Stillev™General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 09-GM-068 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) (Cc) 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 09-GM-068 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 U.S. Mail to each of the persons listed below on this / G day of Driitthe. 2009. ‘ Paula Ford gency 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 The Honorable Russell Echols, Chairman Board of County Commissioners Glades County P.O. Box 1018 Moore Haven, Florida 33471 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 06-3821GM GLADES COUNTY, Respondent . 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, 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 Department of Community Affairs. DONE AND ORDERED this 18th day of March, 2009, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 2009. EXHIBIT tabbies" COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Butch Jones Glades County Board of County Commissioners Post Office Box 85 Moore Haven, Florida 33471-0085

Docket for Case No: 06-003821GM
Issue Date Proceedings
Mar. 20, 2009 Final Order filed.
Mar. 18, 2009 Order Closing File. CASE CLOSED.
Mar. 17, 2009 Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
Dec. 08, 2008 Order Continuing Case in Abeyance (parties to advise status by March 31, 2009).
Dec. 04, 2008 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
Sep. 30, 2008 Status Report filed.
Jul. 25, 2008 Order Continuing Case in Abeyance (parties to advise status by September 30, 2008).
Jul. 25, 2008 Status Report filed.
Jun. 09, 2008 Order Continuing Case in Abeyance (parties to advise status by July 31, 2008).
Jun. 06, 2008 Status Report filed.
Apr. 14, 2008 Order Continuing Case in Abeyance (parties to advise status by June 6, 2008).
Apr. 11, 2008 Status Report filed.
Mar. 19, 2008 Order Continuing Case in Abeyance (parties to advise status by April 11, 2008).
Mar. 07, 2008 Status Report filed.
Dec. 26, 2007 Order Continuing Case in Abeyance (parties to advise status by March 7, 2008).
Dec. 20, 2007 Status Report filed.
Oct. 29, 2007 Order Continuing Case in Abeyance (parties to advise status by December 21, 2007).
Oct. 26, 2007 Status Report filed.
Sep. 04, 2007 Order Continuing Case in Abeyance (parties to advise status by October 26, 2007).
Aug. 31, 2007 Status Report filed.
Jun. 20, 2007 Order Continuing Case in Abeyance (parties to advise status by August 31, 2007).
Jun. 15, 2007 Status Report filed.
May 14, 2007 Order Continuing Case in Abeyance (parties to advise status by June 15, 2007).
May 11, 2007 Status Report filed.
Mar. 09, 2007 Order Continuing Case in Abeyance (parties to advise status by May 11, 2007).
Mar. 09, 2007 Status Report filed.
Jan. 12, 2007 Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Norr).
Jan. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by March 9, 2007).
Dec. 29, 2006 Status Report filed.
Oct. 26, 2006 Order Placing Case in Abeyance (parties to advise status by December 29, 2006).
Oct. 25, 2006 Department of Community Affairs` Response to Initial Order filed.
Oct. 05, 2006 Department of Community Affairs` Motion for Extension of Time to File Response to Initial Order filed.
Oct. 05, 2006 Notice of Intent to Find Glades County Comprehensive Plan Amendment Not in Compliance filed.
Oct. 05, 2006 Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
Oct. 05, 2006 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Oct. 05, 2006 Initial Order.
Source:  Florida - Division of Administrative Hearings

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