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DEPARTMENT OF COMMUNITY AFFAIRS vs BAKER COUNTY, 07-005360GM (2007)

Court: Division of Administrative Hearings, Florida Number: 07-005360GM Visitors: 7
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.
Source:  Florida - Division of Administrative Hearings

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