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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF SEBRING, 07-001083GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-001083GM Visitors: 25
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF SEBRING
Judges: T. KENT WETHERELL, II
Agency: Department of Community Affairs
Locations: Sebring, Florida
Filed: Mar. 07, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 23, 2008.

Latest Update: Nov. 19, 2024
Jan 28 2008 15:26 G1/28/ 2888 16:22 Bbag222679 DCA LEGAL PAGE 61/86 FINAL ORDER NO. DCA 08-GM-027 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Vv. DOAH Case No. 07-1083GM CITY OF SEBRING, Respondent, FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Cloging 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 Sebring Comprehensive Plan Amendment 07-R1, adopted by Ordinance No. 1250, on November 6, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a4 Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments Jan 28 2008 15:26 G1/28/ 2888 16:22 Bbag222679 DCA LEGAL PAGE 82/86 FINAL ORDER NO. DCA 08-GM-027 and the Department subsequently published its Cumulative Notice ef 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. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to clese the file. DONE AND ORDERED this day in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jan 28 2008 15:26 1/28/2088 15:22 B589222679 DCA LEGAL PAGE 83/86 FINAL ORDER NO. DCA 08-GM-027 NOTICE OF RIGHTS EACH PARTY 18 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 RE 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. Jan 28 2008 15:26 @l/2e/288e 15:22 B589222679 DCA LEGAL PAGE @4/@6 FINAL ORDER NO. DCA 08-GM-027 CBRTIFICATE 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 cis) J tay of bauery 2008, Paula ‘Ford Agency Clerk Jack Michael Swaine, Esquire Attorney for the City 425 8S, Commerce Ave Sebring, Florida 33870-3702 Kami Corbett, Esquire ’ Henderson Franklin Starnes & Holt PA . PO Box 280 Fort Myers, Florida 33902-0280 Page 4 of 4 Jan 28 2008 15:27 81/28/2888 15:22 B589222679 DCA LEGAL PAGE 85/86 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Cage No, 07-1083GM CITY OF SEBRING, Respondent . ORDER CLOSING FILE This cause having come before the undersigned on the Status Report and Motion to Close File and Relinquish Jurisdiction filed January 23, 2008, 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 ig hereby relinquished to the Department of Community Affairs. DONE AND ORDERED thie 23rd day of January, 2008, in Tallahassee, Leon County, Florida. T. KENT WETHERELL, Administrative Law Judge Division of Administrative Hearings The DeSote Building 1230 Apalachee Parkway Tallahassee, Florida. 32399-3060 (850) 488-3675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.dtate.fl.us Filed with the Clerk of the Division of Administrative Hearings this 23rd day of January, 2008. Jan 28 2008 15:27 @l/2e/288e 15:22 B589222679 DCA LEGAL PAGE 86/86 COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jack Michael Swaine, Esquire City Attorney's Office 425 South Commerce Avenue Sebring, Florida 33870-3702

Docket for Case No: 07-001083GM
Issue Date Proceedings
Jan. 28, 2008 Final Order filed.
Jan. 23, 2008 Order Closing File. CASE CLOSED.
Jan. 23, 2008 Status Report and Motion to Close File and Relinquish Jurisdiction filed.
Nov. 28, 2007 Order Continuing Case in Abeyance (parties to advise status by February 1, 2008).
Nov. 28, 2007 Renewed Request for Stay of Proceedings filed.
Sep. 28, 2007 Order Continuing Case in Abeyance (parties to advise status by November 30, 2007).
Sep. 28, 2007 Notice of Filing Compliance Agreement and Request for Stay of Procceedings.
Aug. 15, 2007 Order Continuing Case in Abeyance (parties to advise status by October 1, 2007).
Aug. 15, 2007 Status Report filed.
Jun. 13, 2007 Order Continuing Case in Abeyance (parties to advise status by August 15, 2007).
Jun. 12, 2007 Status Report filed.
Mar. 14, 2007 City of Sebring`s Response to Initial Order filed.
Mar. 13, 2007 Order Placing Case in Abeyance (parties to advise status by June 12, 2007).
Mar. 12, 2007 Response to Initial Order filed.
Mar. 07, 2007 Initial Order.
Mar. 07, 2007 Notice of Intent to Find the City of Sebring Comprehensive Plan Amendments Adopted Not in Compliance filed.
Mar. 07, 2007 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Mar. 07, 2007 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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