Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF COCOA
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Cocoa, Florida
Filed: Nov. 06, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 19, 2007.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA08-GM-242
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
Vv. DOAH Case No.: 06-4343G)
tS
CITY OF COCOA, =
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Respondent. no
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FINAL ORDER se SS.
oe
An Administrative Law Judge of the Division of Administrative Hearings has entered an.
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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 Cocoa’s (City) Comprehensive Plan
Amendment 06-1 adopted by Ordinance No. 17-2006 on August 22, 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 City to
adopt certain remedial amendments. The City adopted the remedial amendments and, on
November 26, 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.
FINAL ORDER NO. DCA08-GM-242
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On December 19, 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.
FINAL ORDER NO. DCA08-GM-242
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 to the persons listed below in the manner described, on this Ht q pL
day of October, 2008. (Gree
aula Ford
: Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
U. S. Mail:
The Honorable J. Lawrence Johnston Debra S. Babb-Nutcher, Esquire
Administrative Law Judge Brown, Garganese, Weiss & D'Agresta, P.A.
Division of Administrative Hearings P.O. Box 2873
The DeSoto Building Orlando, FL 32802-2873
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Hand Delivery:
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 06-4343GM
CITY OF COCOA,
Respondent.
ORDER CLOSING FILE
This cause having come before the undersigned on the Notice
of Voluntary Dismissal filed December 18, 2007, 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 19th day of December, 2007, in
Tallahassee, Leon County, Florida.
Sd ued Whale
Jd. LAWRENCE JOHNSTON
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
Filed with the Clerk of the
Division of Administrative Hearings
this 19th day of December, 2007.
EXHIBIT
COPIES FURNISHED: _
Leslie E. Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Debra S. Babb-Nutcher, Esquire
Brown, Garganese, Weiss &
D'Agresta, P.A
Post Office Box 2873
Orlando, Florida 32802-2873
Docket for Case No: 06-004343GM
Issue Date |
Proceedings |
Oct. 20, 2008 |
Final Order filed.
|
Dec. 19, 2007 |
Order Closing File. CASE CLOSED.
|
Dec. 18, 2007 |
Notice of Voluntary Dismissal filed.
|
Dec. 13, 2007 |
Status Report filed.
|
Oct. 15, 2007 |
Order Continuing Case in Abeyance (parties to advise status by December 14, 2007).
|
Oct. 12, 2007 |
Status Report and Stipulated Settlement Agreement filed.
|
Aug. 14, 2007 |
Order Continuing Case in Abeyance (parties to advise status by October 15, 2007).
|
Aug. 14, 2007 |
Status Report filed.
|
Jun. 18, 2007 |
Order Continuing Case in Abeyance (parties to advise status by August 14, 2007).
|
Jun. 15, 2007 |
Status Report filed.
|
Apr. 17, 2007 |
Order Continuing Case in Abeyance (parties to advise status by June 15, 2007).
|
Apr. 13, 2007 |
Status Report filed.
|
Feb. 12, 2007 |
Order Continuing Case in Abeyance (parties to advise status by April 13, 2007).
|
Feb. 12, 2007 |
Status Report filed.
|
Jan. 17, 2007 |
Order Continuing Case in Abeyance (parties to advise status by February 12, 2007).
|
Jan. 12, 2007 |
Status Report filed.
|
Nov. 14, 2006 |
Order Placing Case in Abeyance (parties to advise status by January 12, 2007).
|
Nov. 13, 2006 |
Response to Initial Order and Request to Abate filed.
|
Nov. 06, 2006 |
Notice of Intent to Find Portions of the City of Cocoa Comprehensive Plan Amendment Not in Compliance filed.
|
Nov. 06, 2006 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Nov. 06, 2006 |
Petition of the Department of Community Affairs filed.
|
Nov. 06, 2006 |
Initial Order.
|