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DEPARTMENT OF COMMUNITY AFFAIRS vs CITRUS COUNTY, 08-001042GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001042GM Visitors: 4
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITRUS COUNTY
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Inverness, Florida
Filed: Feb. 27, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 30, 2008.

Latest Update: Dec. 25, 2024
FINAL ORDER NO. DCA08-GM-231 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No.: 08-1042GM CITRUS COUNTY, Respondent. / FINAL ORDER = =< Pen re An Administrative Law Judge of the Division of Administrative Hås Ras 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 Citrus County’s (County) Comprehensive Plan Amendment 07-2 adopted by Ordinance No. 2007-A37 on December 11, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and, on July 7, 2008, 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. FINAL ORDER NO. DCA08-GM-231 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On July 29, 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 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-231 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 ip the manner described, on this VALS day of October, 2008. Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: The Honorable D.R. Alexander Robert Battista, Esq. Administrative Law Judge Citrus County Attorney's Office Division of Administrative Hearings 110 North Apopka Avenue The DeSoto Building Inverness, Florida 33450-4231 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Hand Delivery: Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 08-1042GM CITRUS COUNTY, Respondent . ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Voluntary Dismissal, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 30th day of July, 2008, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 30th day of July, 2008. EXHIBIT 1A COPIES FURNISHED: Robert Battista, Esquire Citrus County Attorney's Office 110 North Apopka Avenue Inverness, Florida 33450-4231 Leslie E. Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 08-001042GM
Issue Date Proceedings
Oct. 20, 2008 Final Order filed.
Jul. 30, 2008 Order Closing File. CASE CLOSED.
Jul. 29, 2008 Voluntary Dismissal filed.
Jul. 16, 2008 Order Continuing Case in Abeyance (parties to advise status by July 30, 2008).
Jul. 15, 2008 Status Report and Notice of Filing Stipulated Settlement Agreement and Cumulative Notice of Intent filed.
May 13, 2008 Order Continuing Case in Abeyance (parties to advise status by July 18, 2008).
May 09, 2008 Status Report and Motion for Continuance of Case Abeyance filed.
Mar. 07, 2008 Order Placing Case in Abeyance (parties to advise status by May 9, 2008).
Mar. 05, 2008 Joint Response to Initial Order filed.
Feb. 27, 2008 Initial Order.
Feb. 27, 2008 Notice of Intent to Find the Citrus County Comprehensive Plan Amendment Not in Compliance filed.
Feb. 27, 2008 Statement of Intent to Find a Portion of Comprehensive Plan Amendment Not in Compliance filed.
Feb. 27, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.
Source:  Florida - Division of Administrative Hearings

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