Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF PORT ST. JOE
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Port St. Joe, Florida
Filed: Sep. 27, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, December 14, 2007.
Latest Update: Dec. 23, 2024
STATE OF FLORIDA 1289-4
DEPARTMENT OF COMMUNITY AFFAIRS ©? “6 27 jp, %
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
v. DOAH Case No. 07-4475GM
CITY OF PORT ST. JOE,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings entered an
Order Canceling Hearing, Closing File and Relinquishing Jurisdiction 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 a comprehensive plan amendment adopted by
City of Port St. Joe (“City”) Ordinance No. 376 on June 5, 2007, is “in compliance” with the
Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163,
Part II, Florida Statutes (the “‘Act’’).
On December 14, 2007, the administrative law judge entered an Order Canceling
Hearing, Closing File and Relinquishing Jurisdiction, with leave for either party to request the
case be re-opened if settlement negotiations were unsuccessful. The parties subsequently entered
into a Stipulated Settlement Agreement which required the City to adopt certain remedial
amendments. The City adopted the remedial amendments and the Department of Community
FINAL ORDER NO. DCA08-GM-247
Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original
plan amendments and the remedial amendments “in compliance” with the Act.
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. fs os Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
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. DCA08-GM-247
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 to the persons listed below in the manner described, on this Le day
of , 2008.
Paula Ford.
oe Clerk
U.S. Mail: Hand Delivery:
The Honorable Bram D. E. Canter Kelly A. Martinson, Esq.
Administrative Law Judge Assistant General Counsel
Division of Administrative Hearings Department of Community Affairs
The DeSoto Building 2555 Shumard Oak Boulevard
1230 Apalachee Parkway ' Tallahassee, Florida 32399-2100
Tallahassee, Florida 32399-3060
Thomas S. Gibson, Esq.
Rish, Gibson, Scholz & Groom, P.A.
P.O. Box 39
Port St. Joe, Florida 32457-0039
Docket for Case No: 07-004475GM
Issue Date |
Proceedings |
Aug. 27, 2008 |
Final Order filed.
|
Dec. 14, 2007 |
Order Canceling Hearing, Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
Dec. 10, 2007 |
Joint Motion to Cancel Hearing and Place Case in Abeyance filed.
|
Dec. 05, 2007 |
Petitioner`s Department`s Notice of Service of First Set of Interrogatories to City filed.
|
Dec. 05, 2007 |
Petitioner Department`s First Request for Production from City filed.
|
Oct. 12, 2007 |
Order of Pre-hearing Instructions.
|
Oct. 12, 2007 |
Notice of Hearing (hearing set for January 22 and 23, 2008; 9:30 a.m.; Port St. Joe, FL).
|
Oct. 05, 2007 |
Department`s Notice of Unavailability filed.
|
Oct. 05, 2007 |
Order (Department of Community Affairs` Amended Petition for Formal Administrative Hearing is granted).
|
Oct. 04, 2007 |
Department of Community Affairs` Amended Petition for Formal Administrative Hearing filed.
|
Oct. 04, 2007 |
Department of Community Affairs` Motion for leaving to File Amended Petition for Formal Administrative Hearing filed.
|
Oct. 04, 2007 |
Joint Response to Initial Order filed.
|
Sep. 27, 2007 |
Initial Order.
|
Sep. 27, 2007 |
Notice of Intent to Find the City of Port St. Joe Amendment Comprehensive Plan Not in Compliance filed.
|
Sep. 27, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Sep. 27, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|