Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: PUTNAM COUNTY
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Community Affairs
Locations: Palatka, Florida
Filed: Aug. 29, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 26, 2009.
Latest Update: Aug. 31, 2009
FINAL ORDER NO. DCA 09-GM-296.
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
DEPARTMENT OF COMMUNITY
AFFAIRS,
Petitioner,
vs. Case No. 08-4273GM
PUTNAM COUNTY,
Respondent,
and
PLUM CREEK LAND COMPANY,
Intervenor.
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 Putnam County
Comprehensive Plan Amendment 08-1, adopted by Ordinance 2008-20
on June 24, 2008, as remediated by Comprehensive Plan Amendment
O9-R1, adopted by Ordinance 2009-25, on June 23, 2009, is “in
compliance” with the Local Government Comprehensive Planning and
FINAL ORDER NO. DCA 09-GM-296
Land Development Regulation Act, Ch. 163, Part II, Florida
Statutes (the “Act”).
All parties to this proceeding entered into a Stipulated
Settlement Agreement which required the County to adopt certain
remedial amendments. The County adopted the remedial amendments
and 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.
No affected person, as defined by Section 163.3184 (1) (a),
Florida Statutes, filed a petition challenging the Cumulative
Notice, and the time for doing so has expired.
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. DCA 09-GM-296
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. DCA 09-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 by U.S. Mail to each of the persons listed below on
this day of Agee , 2009,
Paula Ford
Agency Clerk
By U.S. Mail
The Honorable J. Lawrence Johnston
Administrative Law Judge
Division of Administrative Hearings
The Desoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
Russell D. Castleberry,. Esquire
Putnam County Attorney
518 St. Johns Avenue
Post Office Box -758
Palatka, Florida 32178-0758
Cari Roth, Esquire
Bryant Miller Olive
101 North Monroe Street, Suite 900
Tallahassee, Florida 32301
By Hand Delivery
Lynette Norr
Assistant General Counsel
Department of Community Affairs
Page 4 of 4
Docket for Case No: 08-004273GM
Issue Date |
Proceedings |
Aug. 31, 2009 |
Final Order filed.
|
Aug. 26, 2009 |
Order Closing File. CASE CLOSED.
|
Aug. 25, 2009 |
Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
|
Jun. 30, 2009 |
Order Continuing Case in Abeyance (parties to advise status by October 30, 2009).
|
Jun. 29, 2009 |
Stipulated Settlement Agreement filed.
|
Jun. 29, 2009 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Jun. 22, 2009 |
Order Continuing Case in Abeyance (parties to advise status by July 17, 2009).
|
Jun. 17, 2009 |
(Petitioner's) Status Report filed.
|
May 19, 2009 |
Order Continuing Case in Abeyance (parties to advise status by June 17, 2009).
|
May 18, 2009 |
(Petitioner`s) Status Report filed.
|
Apr. 08, 2009 |
Order Continuing Case in Abeyance (parties to advise status by May 18, 2009).
|
Apr. 08, 2009 |
Status Report filed.
|
Feb. 03, 2009 |
Order Continuing Case in Abeyance (parties to advise status by April 3, 2009).
|
Feb. 02, 2009 |
Status Report filed.
|
Dec. 04, 2008 |
Order Continuing Case in Abeyance (parties to advise status by February 2, 2009).
|
Dec. 04, 2008 |
Status Report filed.
|
Oct. 14, 2008 |
Order Granting Leave to Intervene (Plum Creek Land Company).
|
Oct. 14, 2008 |
Petition of Plum Creek Land Company for Leave to Intervene filed.
|
Sep. 08, 2008 |
Order Placing Case in Abeyance (parties to advise status by December 4, 2008).
|
Sep. 05, 2008 |
Response to Initial Order and Request for Case to be Placed in Abeyance filed.
|
Sep. 02, 2008 |
Initial Order.
|
Aug. 29, 2008 |
Notice of Intent to Find the Putnam County Amendments Adopted by Ordinance No. 2008-20 Not in Compliance filed.
|
Aug. 29, 2008 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Aug. 29, 2008 |
Department of Community Affairs` Petition for Formal Administrative Hearing filed.
|
Orders for Case No: 08-004273GM