Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PUTNAM COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Palatka, Florida
Filed: Aug. 22, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, May 9, 2008.
Latest Update: Dec. 24, 2024
FINAL ORDER No. DCAQ8-GM-141
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
and
PUTNAM COUNTY ENVIRONMENTAL
COUNCIL, INC., FLORIDA WILDLIFE
FEDERATION, INC., LAWRENCE
TILTON, ST. JOHNS COUNTY, and
TOWN OF HASTINGS,
Intervenors,
vs.
PUTNAM COUNTY,
Respondent,
and
ASCOT POMMES, LLC,
Intervenor.
FINAL ORDER
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DOAH Case No. 07-3773GM
This cause is before the Department of Community Affairs on
an Order Closing File,
Exhibit A.
On June 12,
a copy of which is appended hereto as
2007, Respondent Putnam County adopted an
amendment to its comprehensive plan by Ordinance No. 2007-14
(Amendment) .
The Department reviewed the Amendment, determined
that it did not meet the criteria for compliance set forth in
FINAL ORDER No. DCA08-GM-141
Section 163.3184 (1) (b), Florida Statutes, and caused to be
published a Notice of Intent to find the Amendment not “in
compliance.” The Department then instituted this administrative
proceeding against the County pursuant to Section 163.3184 (10),
Florida Statutes.
On April 22, 2008, the County repealed the Amendment by
Ordinance No. 2008-09. By virtue of this rescission, the instant
controversy has been rendered moot and this proceeding must be
dismissed. See Department of Highway Safety & Motor Vehicles v.
Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on
appeal as moot where suspension of driver's license was rescinded
by the Department) .
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.
General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER No. DCA08-GM-141
NOTICE OF RIGHTS
Sa et RS
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)®)
AND 9.110.
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
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.
3 0f 5
FINAL ORDER No. DCA08-GM-141
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 [274 say of , 2008.
Paula Ford
Agency 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
Russell D. Castleberry, Esquire
County Attorney
518 St. Johns Avenue
Post Office Box 758
Palatka, Florida 32178-0758
Thomas W. Reese, Esquire
2951 61st Avenue South
St. Petersburg, Florida 33712-4539
Michael Ww. Woodward, Esquire
Keyser & Woodward, P.A.
Post Office Box 92
Interlachen, Florida 32148-0092
4 of 5
Gary P. Sams, Esquire
Frank Matthews, Esquire
Hopping, Green & Sams, P.A,
123 South Calhoun Street
Post Office Box 6526
Tallahassee, Florida 32314-6526
Patrick F. McCormack, Esquire
St. Johns County Attorney's Office
4020 Lewis Speedway
St. Augustine, Florida 32084
Geoffrey B. Dobson, Esquire
Geoffrey B. Dobson, P.A.
93 Orange Street
St. Augustine, Florida 32084-3590
By Hand Delivery
Lynette Norr
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
5 of 5
FINAL ORDER No. DCA08-GM-141
Docket for Case No: 07-003773GM
Issue Date |
Proceedings |
May 14, 2008 |
Final Order filed.
|
May 09, 2008 |
Order Closing File. CASE CLOSED.
|
May 08, 2008 |
Amended Suggestion of Mootness and Request to Relinquish Jurisdiction filed.
|
May 08, 2008 |
Suggestion of Mootness and Request to Relinquish Jurisdiction filed.
|
Apr. 30, 2008 |
Order Placing Case in Abeyance (parties to advise status by June 2, 2008).
|
Apr. 29, 2008 |
Status Report filed.
|
Mar. 12, 2008 |
Order Canceling Hearing.
|
Mar. 11, 2008 |
Notice of Intent to Repeal filed.
|
Feb. 28, 2008 |
Intervenor Ascot Pommes LLC`s Notice of Conditional Withdrawal filed.
|
Feb. 25, 2008 |
Petitioner Department of Community Affairs` Status Report and Motion to Consolidate Cases for Discovery and Hearing filed.
|
Feb. 08, 2008 |
Intervenor Ascot Pommes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery (Intervenor, Ascot Pommes, LLC`s Response to FWF`s First Set of Discovery Requests) filed.
|
Jan. 31, 2008 |
Department of Community Affairs` Notice of Unavailability filed.
|
Dec. 17, 2007 |
Order (request for an extension of time to respond to discovery is granted, and unless the parties agree otherwise, or good cause is shown, the County and movant shall have until forty-five days prior to the scheduled hearing, or February 8, 2008, in which to respond to FWF`s discovery).
|
Dec. 12, 2007 |
Putnam County Environmental Council, Inc.`s Objection to Respondent`s Motion for Extension of Time Beyond the Week of March 17 filed.
|
Dec. 12, 2007 |
Lawrence Tilton`s Objection to Respondent`s Motion for Extension of Time Beyond the Week of March 17 filed.
|
Dec. 10, 2007 |
FWF`s Opposition to Respondents` Motion to Extension of Time Beyod the Week of March 17 filed.
|
Dec. 03, 2007 |
Notice of Address Change filed.
|
Nov. 28, 2007 |
Joinder of Putnam County to Ascot Ponnes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery filed.
|
Nov. 27, 2007 |
Intervenor Ascot Pommes, LLC`s Motion for Continuance and Extension of Time to Respond to Outstanding Discovery filed.
|
Nov. 27, 2007 |
Notice of Appearance for Frank Matthews on Behalf of Intervenor Ascot Pommes, LLC.
|
Nov. 19, 2007 |
Order (Volusia County`s Motion to Vacate Order Granting Volusia County Intervenor Status is granted).
|
Nov. 16, 2007 |
County of Volusia`s Motion to Vacate Order Granting Volusia County Intervenor Status filed.
|
Nov. 13, 2007 |
Order (Volusia County is granted Intervenor status).
|
Nov. 01, 2007 |
FWF`s Notice of Service of Discovery Requests filed.
|
Oct. 15, 2007 |
Department of Community Affairs` Notice of Unavailability filed.
|
Oct. 02, 2007 |
Order (Town of Hastings is granted Intervenor status).
|
Sep. 27, 2007 |
Petition for Leave to Intervene (Town of Hastings) filed.
|
Sep. 10, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 10, 2007 |
Notice of Hearing (hearing set for January 15 through 17, 2008; 1:00 p.m.; Palatka, FL).
|
Sep. 10, 2007 |
Order (Lawrence Tilton and St. Johns County are granted Intervenor status).
|
Sep. 06, 2007 |
Petition for Administrative Review (St. Johns County, Florida) filed.
|
Sep. 06, 2007 |
Letter to C. Llado from C. Norman regarding enclosed Petition for Review filed.
|
Sep. 05, 2007 |
Amended Petition to Intervene filed.
|
Sep. 05, 2007 |
Supplement to Response to Initial Order Suggesting Dates for Final Hearing filed.
|
Sep. 05, 2007 |
Petition to Intervene (L. Tilton) filed.
|
Aug. 30, 2007 |
Order (granting Unopposed Request for Extension of Time to Provide Dates for Hearing).
|
Aug. 29, 2007 |
Response to Initial Order and Request for Extension of Time to Provide Dates for Hearing filed.
|
Aug. 29, 2007 |
Order (Ascot Pommes, LLC granted Intervenor status).
|
Aug. 28, 2007 |
Petition for Leave to Intervene in Alignment with Respondent Putnam County (Ascot Pommes, LLC).
|
Aug. 24, 2007 |
Order (Putnam County Environmental Council, Inc. and Florida Wildlife Federation, Inc. are granted Intervenor status).
|
Aug. 23, 2007 |
Petition to Intervene (Putnam County Environmental Council) filed.
|
Aug. 22, 2007 |
Initial Order.
|
Aug. 22, 2007 |
Petition for Leave to Intervene as Petitioners-in-Intervention (filed by Florida Wildlife Federation.)
|
Aug. 22, 2007 |
Notice of Intent to Find the Putnam County Comprehensive Plan Amendment Not in Compliance filed.
|
Aug. 22, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Aug. 22, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|