Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: ORANGE COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Jacksonville, Florida
Filed: Sep. 18, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 16, 2008.
Latest Update: Jan. 11, 2025
FINAL ORDER NO. DCA09-GM-088
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner, :
DCA Docket No. 07-1-NG£4301,(AVAN)
v. DOAH Case No. 07-4195GMa*
a ?
ORANGE COUNTY,
Respondent.
/
FINAL ORDER ©
An Administrative Law Judge of the Division of Administrative Hearings has entered an
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 portions of Orange County’s (County)
Comprehensive Plan Amendment 07-1 (Black Lake Road, Boggy Creek Road, Wedgefield
Townhomes, and Addison Place) adopted by Ordinance No. 2007-06 on June 26, 2007, are “in
compliance” with the Local Government Comprehensive Planning and Land Development
Regulation Act, Ch. 163, Part II, Florida Statutes (Act).
The parties entered into a Stipulated Settlement Agreement which required the County to
adopt certain remedial plan amendments. The County adopted the remedial plan amendments
and, on May 21, 2008, the Department published its Cumulative Notice of Intent to find the Plan
FINAL ORDER NO. DCA09-GM-088
Amendment and the remedial plan amendments to be “in compliance” with Chapter 163, Part II,
Florida Statutes, and Rule 95 -5, Florida Administrative Code.
The Department subsequently filed with the Division of Administrative Hearings a Notice
of Voluntary Dismissal. On June 16, 2008, 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
FINAL ORDER NO. DCA09-GM-088
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. DCA09-GM-088
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 wid
day of , 2009.
h,
cl
U. S. Mail
The Honorable J.L. Johnston
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, FL 32399-1550
Hand Delivery
Leslie Bryson, Esquire
Department of Community Affairs
2555 Shumard Oak Blvd.
Tallahassee, Florida 32399
say of Math, 2 furnished to the persons listed below in the manner described, on this
Paula Ford, Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Thomas B. Drage, Jr., Esquire
Linda Brehmer Lanosa, Esquire
Office of the Orange County Attorney
201 South Rosalind Ave., 5th Floor
Orlando, FL 32801-3527
Docket for Case No: 07-004195GM
Issue Date |
Proceedings |
Apr. 02, 2009 |
Final Order filed.
|
Jun. 16, 2008 |
Order Closing File. CASE CLOSED.
|
Jun. 12, 2008 |
Voluntary Dismissal filed.
|
May 22, 2008 |
Notice of Substitution of Counsel for Department of Community Affairs filed.
|
May 16, 2008 |
Order Continuing Case in Abeyance (parties to advise status by June 30, 2008).
|
May 16, 2008 |
Stipulated Settlement Agreement filed.
|
May 16, 2008 |
Status Report and Notice of Filing of Stipulated Settlement Agreement and Amendment to Stipulated Settlement Agreement filed.
|
Apr. 14, 2008 |
Order Continuing Case in Abeyance (parties to advise status by June 10, 2008).
|
Apr. 11, 2008 |
Status Report filed.
|
Feb. 26, 2008 |
Order Continuing Case in Abeyance (parties to advise status by April 11, 2008).
|
Feb. 25, 2008 |
Status Report filed.
|
Nov. 30, 2007 |
Order Continuing Case in Abeyance (parties to advise status by February 26, 2008).
|
Nov. 28, 2007 |
Status Report filed.
|
Sep. 27, 2007 |
Order Placing Case in Abeyance (parties to advise status by November 28, 2007).
|
Sep. 25, 2007 |
Response to Initial Order filed.
|
Sep. 18, 2007 |
Notice of Intent to Find the Comprehensive Plan Not in Compliance filed.
|
Sep. 18, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Sep. 18, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Sep. 18, 2007 |
Agency referral filed.
|
Sep. 18, 2007 |
Initial Order.
|