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
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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
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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
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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
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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
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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.
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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.
|