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: Dec. 26, 2024
FINAL ORDER NO. DCA 09-GM-068
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
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GLADES COUNTY,
Respondent.
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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
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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.
|