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DEPARTMENT OF COMMUNITY AFFAIRS vs BAKER COUNTY, 09-003101GM (2009)

Court: Division of Administrative Hearings, Florida Number: 09-003101GM Visitors: 25
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 by te STATE OF FLORIDA on DEPARTMENT OF COMMUNITY AFFAIRS VA Vy DEPARTMENT OF COMMUNITY f AFFAIRS, | > 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
Issue Date Document Summary
Oct. 06, 2009 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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