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
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An Administrative Law Judge of the Division of Administrative Hås Ras entered an :
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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.
|