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  5. DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF DELTONA, 08-001934GM (2008)

DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF DELTONA, 08-001934GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001934GM Visitors: 9
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF DELTONA
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Environmental, Florida
Filed: Apr. 16, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 24, 2008.
Latest Update: Dec. 25, 2024
FINAL ORDER NO. nae d py, Se > Ns So, Sa DEPARTMENT OF COMMUNITY eyes (2 AFFAIRS, Shin Petitioner, DCA Docket No. 08-PEFE1-6417-(A)-(N) v. DOAH Case No. 08-1934GM CITY OF DELTONA, 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 the City of Deltona’s (City) Comprehensive Plan Amendment 08-PEFE1 adopted by Ordinance Number 18-2007 on February 4, 2008, 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 City to adopt certain remedial amendments. The City adopted the remedial amendments and, on June 30, 2008, the Department published its Cumulative Notice of Intent to find the Plan Amendment and the remedial amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA08-GM-296 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal and 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-296 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 in the manner described, on this day of October, 2008. U.S. Mail: The Honorable D.R. Alexander 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 a Paula Ford gency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 George Trovato City Attorney 2345 Providence Blvd. Deltona, FL 32725

Docket for Case No: 08-001934GM
Source:  Florida - Division of Administrative Hearings
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