Petitioner: DEPARTMENT OF COMMUNITY AFFAIRS
Respondent: BAKER COUNTY
Judges: BRAM D. E. CANTER
Agency: Department of Community Affairs
Locations: Macclenny, Florida
Filed: Jun. 10, 2009
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, October 5, 2009.
Latest Update: Oct. 07, 2009
FINAL ORDER NO. DCA09 -GM7320
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Petitioner,
v. DOAH Case No. 09-3101GM
BAKER COUNTY
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 isa proceeding to determine whether the Baker County
Comprehensive Plan Amendment 09-1, adopted by Ordinances 2007-10
and 2007-11 on April 20, 2009, as remediated by Comprehensive
Plan Amendment 09-R2, adopted by Ordinances 2009-13 and 2009-14
on August 4, 2009, 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 which required the County to adopt certain
FINAL ORDER NO. DCA09-GM-320
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. DCA09-GM-320
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-320
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 62 day ollifpher. 2009.
{
Paula Ford
Agency Clerk
By 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
Terence M. Brown, Esquire
Terence M. Brown, P.A.
Post Office Box 40
Starke, Florida 32091-0040
By Hand Delivery
Lynette Norr
Assistant General Counsel
Department of Community Affairs
Page 4 of 4
Docket for Case No: 09-003101GM
Issue Date |
Proceedings |
Oct. 07, 2009 |
Final Order filed.
|
Oct. 05, 2009 |
Order Closing File. CASE CLOSED.
|
Oct. 02, 2009 |
Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed.
|
Sep. 02, 2009 |
Order of Stay.
|
Aug. 25, 2009 |
Notice of Filing Compliance Agreement and Request for Stay of Proceedings filed.
|
Jun. 11, 2009 |
Order Placing Case in Abeyance (parties to advise status by September 10, 2009).
|
Jun. 10, 2009 |
Response to Initial Order and Request for Case to be Placed in Abeyance filed.
|
Jun. 10, 2009 |
Initial Order.
|
Jun. 10, 2009 |
Notice of Intent to Find the Baker County Amendments Adopted Not in Compliance filed.
|
Jun. 10, 2009 |
Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
|
Jun. 10, 2009 |
Department of Community Affairs' Petition for Formal Administrative Hearing filed.
|
Orders for Case No: 09-003101GM