Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: CITY OF TAVARES
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Tavares, Florida
Filed: Jul. 23, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, May 19, 2009.
Latest Update: Jun. 19, 2009
FINAL ORDER NO. DCA09-GM-231
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner, Lope
Case No. 08-3624GM ess Se
v. . a
CITY OF TAVARES,
Respondent.
/
FINAL ORDER
An Administrative Law Judge of the Division of Administrative Hearings has entered an
Order Closing File. 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 Tavares (“City”) comprehensive
plan amendments, adopted by Ordinance Nos. 2007-27 and 2007-41 are “in compliance” with the
Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163,
Part I, Florida Statutes (the “Act”).
The Department filed its Statement of Intent and Notice of Intent to find the plan
amendments adopted by Ordinance Nos. 2007-27 and 2007-41 to be not “in compliance,” and
subsequently filed its Petition for a Formal Administrative Hearing with the Division of
Administrative Hearings (“Division”).
Following the referral to the Division, the parties requested that the matter be placed in
abeyance for settlement negotiations.
FINAL ORDER NO. DCA09-GM-231
On December 17, 2008 the City adopted a Water Supply Facility Work Plan (“Work
Plan”) as specified by the Department in the Statement of Intent. The Department determined the
Work Plan to be “in compliance.” Therefore, the Department voluntarily dismissed its Petition.
On May 19, 2009, the Administrative Law Iudge issued the 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
DEPARTMENT OF COMMUNITY AFFAIRS
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
FINAL ORDER NO. DCA09-GM-231
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-231
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
persons listed below in the manner described, on this ay of June, 2009.
U.S. Mail:
The Honorable Bram D. E. Canter
Administrative Law Judge
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Robert Quintin Williams
Williams, Smith & Summers
380 West Alfred Street
Tavares, Florida 32778-3206
Hand Delivery
Matthew Davis, Esq.
Assistant General Counsel
Department of Community Affairs
Agency Clerk
LOB ge
Viren Ford
Docket for Case No: 08-003624GM
Issue Date |
Proceedings |
Jun. 19, 2009 |
Amended Final Order filed.
|
Jun. 19, 2009 |
Final Order filed.
|
May 19, 2009 |
Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
|
May 18, 2009 |
(Petitioner`s) Motion for Voluntary Dismissal filed.
|
Apr. 16, 2009 |
Notice of Substitution of Counsel for Department of Community Affairs (filed by M. Davis) filed.
|
Mar. 30, 2009 |
Order Continuing Case in Abeyance (parties to advise status by May 15, 2009).
|
Mar. 27, 2009 |
Status Report filed.
|
Jan. 23, 2009 |
Order Continuing Case in Abeyance (parties to advise status by March 27, 2009).
|
Jan. 21, 2009 |
Status Report filed.
|
Oct. 29, 2008 |
Order Continuing Case in Abeyance (parties to advise status by January 22, 2009).
|
Oct. 28, 2008 |
Supplemental Response to Initial Order and Motion to Abate filed.
|
Jul. 30, 2008 |
Order Placing Case in Abeyance (parties to advise status by October 29, 2008).
|
Jul. 30, 2008 |
Notice of Appearance filed.
|
Jul. 30, 2008 |
Response to Initial Order filed.
|
Jul. 23, 2008 |
Initial Order.
|
Jul. 23, 2008 |
Notice of Intent to Find City of Tavares Comprehensive Plan Amendment Not in Compliance filed.
|
Jul. 23, 2008 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Jul. 23, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Orders for Case No: 08-003624GM