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DEPARTMENT OF COMMUNITY AFFAIRS vs CITY OF JACKSONVILLE, 08-003216GM (2008)

Court: Division of Administrative Hearings, Florida Number: 08-003216GM Visitors: 29
Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF JACKSONVILLE
Judges: D. R. ALEXANDER
Agency: Department of Community Affairs
Locations: Jacksonville, Florida
Filed: Jul. 03, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, July 17, 2009.

Latest Update: Jul. 31, 2009
FINAL ORDER NO. DCA09+GM-278, “pe a STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 08-3216GM CITY OF JACKSONVILLE, 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 Jacksonville Comprehensive Plan Amendment 07-PEFE1, adopted by Ordinance 2007-1184-E, on December 10, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement resolving the issues in this case through FINAL ORDER NO. DCA09-GM-278 additional data and analysis provided by the City. The Department subsequently published its Amended Notice of Intent to find the Plan Amendment “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. 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. Stiller; General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA09-GM-278 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. DCA09-GM-278 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 the manner indicated to each of the persons listed below on this 5 OM aay ° , 2009. Paula Ford Agency Clerk By U.S. Mail Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Shannon K. Eller Deputy General Counsel City of Jacksonville 117 West Duval Street, Suite 480 Jacksonville, FL 32202 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs

Docket for Case No: 08-003216GM
Issue Date Proceedings
Jul. 31, 2009 Final Order filed.
Jul. 17, 2009 Order Closing File. CASE CLOSED.
Jul. 15, 2009 Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
May 29, 2009 Order Continuing Case in Abeyance (parties to advise status by August 31, 2009).
May 28, 2009 Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
May 11, 2009 Order Continuing Case in Abeyance (parties to advise status by June 12, 2009).
May 08, 2009 (Petitioner`s) Status Report filed.
Mar. 06, 2009 Order Continuing Case in Abeyance (parties to advise status by May 8, 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.
Jul. 14, 2008 Order Placing Case in Abeyance (parties to advise status by October 17, 2008).
Jul. 14, 2008 Response to Initial Order and Request for Case to be Placed in Abeyance filed.
Jul. 07, 2008 Initial Order.
Jul. 03, 2008 Notice of Intent to Find Duval/Jacksonville Comprehensive Plan Amendment Not in Compliance filed.
Jul. 03, 2008 Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Jul. 03, 2008 Department of Community Affairs` Petition for Formal Administrative Hearing filed.

Orders for Case No: 08-003216GM
Issue Date Document Summary
Jul. 30, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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