Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF FRUITLAND PARK
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Fruitland Park, Florida
Filed: Nov. 20, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, November 12, 2008.
Latest Update: Dec. 23, 2024
FINAL ORDER NO. DCA: DCA09-GM-080
STATE OF FLORIDA a ott
DEPARTMENT OF COMMUNITY AFFAIRS QS “2
Soy FO,
DEPARTMENT OF COMMUNITY So Gh
AFFAIRS, CEO - Soey
C2 y &
—
Petitioner, : Ekg On @
DCA Docket No. 07-1-NOI-38054)-(N
v. DOAH Case No. 07-5351GM
CITY OF FRUITLAND PARK,
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 a portion of the City of Fruitland Park’s (City)
Comprehensive Plan Amendment 07-1 adopted by Ordinance Number 2007-011 (sites 2-5) on
September 13, 2007, is “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 City to
adopt certain remedial plan amendments. The City adopted the remedial plan amendments and,
on October 16, 2008, the Department subsequently published its Cumulative Notice of Intent to
find the Plan Amendment and the remedial plan amendments to be “in compliance” with Chapter
163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code.
FINAL ORDER NO. DCA: DCA09-GM-080
The Department subsequently filed with the Division of Administrative Hearings a
Notice of Voluntary Dismissal. On November 12, 2008, the Administrative Law Judge issued
his Order Relinquishing Jurisdiction and 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, al Counsel
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. DCA: DCA09-GM-080
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 haye been furnished to the persons listed below in the manner described,
on this | day of March, 2009.
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
Paula Ford
ih Agency Clerk
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Scott Gerken, Esq.
Stone & Gerken, P.A.
Attorney for City of Fruitland Park
4850 N. Highway 19-A
Mount Dora, FL 32757
Docket for Case No: 07-005351GM
Issue Date |
Proceedings |
Apr. 01, 2009 |
Final Order filed.
|
Nov. 12, 2008 |
Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
|
Nov. 07, 2008 |
Voluntary Dismissal filed.
|
Sep. 11, 2008 |
Order Continuing Case in Abeyance (parties to advise status by November 7, 2008).
|
Sep. 10, 2008 |
Status Report and Stipulated Settlement Agreement filed.
|
Jul. 10, 2008 |
Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by September 8, 2008).
|
Jul. 09, 2008 |
Joint Motion to Cancel Final Hearing and Place Case in Abeyance Pending Settlement filed.
|
May 22, 2008 |
Notice of Substitution of Counsel for Department of Community Affairs filed.
|
Mar. 03, 2008 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for August 6 through 8, 2008; 9:00 a.m.; Fruitland Park, FL).
|
Feb. 26, 2008 |
Motion for Continuance and the Setting of Later Final Hearing Dates filed.
|
Jan. 03, 2008 |
Order of Pre-hearing Instructions.
|
Jan. 03, 2008 |
Notice of Hearing (hearing set for April 16 through 18, 2008; 9:00 a.m.; Fruitland Park, FL).
|
Dec. 07, 2007 |
Notice of Appearance (filed by S. Gerken).
|
Nov. 28, 2007 |
Response to Initial Order filed.
|
Nov. 21, 2007 |
Initial Order.
|
Nov. 20, 2007 |
Notice of Intent to Find Portions of the City of Fruitland Park Comprehensive Plan Amendment filed.
|
Nov. 20, 2007 |
Statement of Intent to Find Comprehensive Plan Amendment not in Compliance filed.
|
Nov. 20, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|