Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: BAKER COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Environmental, Florida
Filed: Nov. 21, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 14, 2009.
Latest Update: Dec. 24, 2024
FINAL ORDER NO. DCA 09-GM-140
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
Pe
me) e
DEPARTMENT OF COMMUNITY we
AFFAIRS, 2
Petitioner, v
tity
v. DOAH Case No. 0F*53605,
BAKER COUNTY
Respondent,
and
ROBERTS LAND & TIMBER
INVESTMENT CORPORATION and
SOUTH PRONG PLANTATION, LLC,
Intervenors.
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 the Baker County
Comprehensive Plan Amendment 07-1, adopted by Ordinance 2006-49
on April 16, 2007, as remediated by Comprehensive Plan Amendment
09-R1, adopted by Ordinance 2009-04, on March 16, 2009, is “in
compliance” with the Local Government Comprehensive Planning and
FINAL ORDER NO. DCA 09-GM-140
Land Development Regulation Act, Ch. 163, Part II, Florida
Statutes (the “Act”).
All parties to this proceeding entered into a Stipulated
Settlement Agreement. which required the County to adopt certain
remedial amendments. The County adopted the remedial amendments
and the Department subsequently published its Cumulative Notice
of 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.
No affected person, as defined by Section 163.3184(1) (a),
Florida Statutes, filed a petition challenging the Cumulative
Notice, and the time for doing so has expired.
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.
Shaw P. Stille’ General Counsel
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA 09-GM-140
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 09-GM-140
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
las
this —— day of , 2009.
fide dnb
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
Terence M. Brown, Esquire
Terence M. Brown, P.A.
Post Office Box 40
Starke, Florida 32091-0040
Marcia Parker Tjoflat, Esquire
Pappas Metcalf Jenks & Miller, P.A.
245 Riverside Avenue, Suite 400
Jacksonville, Florida 32202-4926
Linda Loomis Shelley, Esquire
Fowler, White, Boggs, Banker, P.A.
Post Office Box 11240
Tallahassee, Florida 32302-3240
By Hand Delivery
Lynette Norr
Assistant General Counsel
Department of Community Affairs
Page 4 of 4
Docket for Case No: 07-005360GM
Issue Date |
Proceedings |
May 21, 2009 |
Final Order filed.
|
May 14, 2009 |
Order Closing File. CASE CLOSED.
|
May 14, 2009 |
Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
|
Mar. 24, 2009 |
Order Continuing Case in Abeyance (parties to advise status by July 10, 2009).
|
Mar. 23, 2009 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Mar. 06, 2009 |
Order Continuing Case in Abeyance (parties to advise status by April 30, 2009).
|
Mar. 06, 2009 |
Status Report filed.
|
Jan. 06, 2009 |
Order Continuing Case in Abeyance (parties to advise status by March 6, 2009).
|
Dec. 31, 2008 |
Status Report filed.
|
Nov. 03, 2008 |
Order Continuing Case in Abeyance (parties to advise status by December 31, 2008).
|
Oct. 17, 2008 |
Status Report filed.
|
Aug. 18, 2008 |
Order Continuing Case in Abeyance (parties to advise status by October 17, 2008).
|
Aug. 15, 2008 |
Status Report filed.
|
May 12, 2008 |
Order Continuing Case in Abeyance (parties to advise status by August 15, 2008).
|
May 09, 2008 |
Status Report filed.
|
Mar. 10, 2008 |
Order Continuing Case in Abeyance (parties to advise status by May 9, 2008).
|
Mar. 07, 2008 |
Status Report filed.
|
Dec. 28, 2007 |
Order Granting Petition to Intervene (Roberts Land & Timber Investment Corporation and South Prong Plantation, LLC).
|
Dec. 28, 2007 |
Amended Petition to Intervene filed.
|
Nov. 27, 2007 |
Order Placing Case in Abeyance (parties to advise status by March 7, 2008).
|
Nov. 27, 2007 |
Response to Initial Order and Request for Case to Be Placed in Abeyance filed.
|
Nov. 21, 2007 |
Initial Order.
|
Nov. 21, 2007 |
Notice of Intent filed.
|
Nov. 21, 2007 |
Statement of Intent to Find Comprehensive Plan Amendments Not in Compliance filed.
|
Nov. 21, 2007 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|