Petitioner: SOUTHWEST FLORIDA COUNCIL, INC. AND GIRL SCOUTS OF GULFCOAST FLORIDA, INC.
Respondent: MANATEE COUNTY AND DEPARTMENT OF COMMUNITY AFFAIRS
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Bradenton, Florida
Filed: Nov. 07, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, August 21, 2007.
Latest Update: Jul. 06, 2024
FINAL ORDER NO. DCA 07-GM-235
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
SOUTHWEST FLORIDA COUNCIL, INC. AND
GIRL SCOUTS OF GULFCOAST FLORIDA, INC.,
Petitioners,
Vv. DOAH Case No. 06-4455GM
MANATEE COUNTY and DEPARTMENT OF
COMMUNITY AFFAIRS,
Respondents.
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered
an Order Closing File. A copy of the Order is attached to this Final Order as Exhibit A.
BACKGROUND
This is a proceeding to determine whether the Manatee County (“County”)
comprehensive plan amendment 06-1, adopted by Ordinance Nos. 06-11 and 06-12 on
August 17, 2006, is “in compliance” with the Local Government Comprehensive Planning
and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”).
The Department issued a Notice of Intent to find the plan amendments adopted by
Ordinance Nos. 06-11 and 06-12 to be “in compliance.” On October 24, 2006, Southwest
F lorida Council, Inc. and Girl Scouts of Gulfcoast Florida, Inc. (“Petitioners”) timely filed a
Petition for a Formal Administrative Hearing regarding the Department’s Notice of Intent.
FINAL ORDER NO. DCA 07-GM-235
The Department referred the Petition to the Division of Administrative Hearings
(“Division”) for assignment of an Administrative law Judge.
Following the referral to the Division, the parties negotiated a settlement agreement.
Pursuant to that agreement, the County adopted Ordinance No. 07-063 on August 14, 2007,
which rescinded the plan amendments at issue. On August 17, 2007, the parties filed a Joint
Stipulation for Dismissal and the Administrative Law Judge issued an Order Closing File on
August 21, 2007.
. 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
FINAL ORDER NO. DCA 07-GM-235
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. DCA 07-GM-235
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished
to the persons listed below in the manner described, on this
U.S. Mail:
The Honorable D.R. Alexander
Administrative Law Judge
Division of Administrative Hearings
1230 Apalachee Parkway
Tallahassee, FL 32399-3060
Sarah A. Schenk, Assistant County Attorney
Manatee County Attorney’s Office
1112 Manatee Ave. W., Suite 969
Bradenton, FL 32405
Jeffrey Steinsnyder, Esquire
Kirk-Pinkerton, P.A.
1301 6" Avenue W. — Suite 401
Bradenton, FL 34205
Hand Delivery:
Leslie Bryson, Esq.
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, FL 32399
/ S *~ day of October, 2007.
J
a] dle awe
Agency Clerk
Kevin S. Hennessy, Esquire
Ricinda H. Perry, Esquire
Lewis, Longman & Walker, P.A.
1001 Third Avenue West, Suite 670
Bradenton, FL 34205
Docket for Case No: 06-004455GM
Issue Date |
Proceedings |
Oct. 19, 2007 |
Final Order filed.
|
Aug. 21, 2007 |
Order Closing File. CASE CLOSED.
|
Aug. 17, 2007 |
Manatee County Ordinance No. 07-063 filed.
|
Aug. 17, 2007 |
Joint Stipulation for Dismissal filed.
|
Aug. 17, 2007 |
Notice of Filing (Manatee County Ordinance No. 07-063) filed.
|
May 07, 2007 |
Order Continuing Case in Abeyance (parties to advise status by August 17, 2007).
|
May 04, 2007 |
Joint Status Report and Request to Continue to Abate filed.
|
Feb. 28, 2007 |
Order Continuing Case in Abeyance (parties to advise status by May 4, 2007).
|
Feb. 27, 2007 |
Joint Status Report and Request to Continue to Abate filed.
|
Jan. 02, 2007 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by L. Bryson).
|
Dec. 05, 2006 |
Notice of Mediation filed.
|
Nov. 16, 2006 |
Order Placing Case in Abeyance (parties to advise status by February 28, 2007).
|
Nov. 15, 2006 |
Joint Response to Initial Order and Request to Abate filed.
|
Nov. 08, 2006 |
Initial Order.
|
Nov. 07, 2006 |
Notice of Intent to Find the Comprehensive Plan Amendments in Compliance filed.
|
Nov. 07, 2006 |
Petition for an Administrative Hearing Challenging the Proposed Agency Determinations that Amendments PA-06-11 and PA-06-12 to the Manatee County Comprehensive Plan are not in Compliance, as Defined in Section 163.3184, Florida Statutes filed.
|
Nov. 07, 2006 |
Agency referral filed.
|