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CATHERINE BOSWORTH vs ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA, 19-001839GM (2019)

Court: Division of Administrative Hearings, Florida Number: 19-001839GM Visitors: 15
Petitioner: CATHERINE BOSWORTH
Respondent: ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA
Judges: SUZANNE VAN WYK
Agency: Growth Management (No Agency)
Locations: Marathon, Florida
Filed: Apr. 09, 2019
Status: Closed
Recommended Order on Friday, September 25, 2020.

Latest Update: Apr. 24, 2020
Summary: Respondents' comprehensive plan amendments, allowing up to 1,300 new residential affordable units, are "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.

Docket for Case No: 19-001839GM
Issue Date Proceedings
Dec. 28, 2020 Agency Final Order filed.
Sep. 25, 2020 Recommended Order on Remand (hearing held December 9 through 13, 2019). CASE CLOSED.
Sep. 25, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 25, 2020 DEO Returned Transcripts and Exhibits to DOAH filed.
Aug. 24, 2020 Order Reopening File. CASE REOPENED.
Aug. 21, 2020 Order Remanding Case to the Division of Administrative Hearings filed.
Jun. 02, 2020 Amended Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 02, 2020 Notice of Filing Transcript.
Jun. 02, 2020 Transcript of Proceedings (not available for viewing) filed.
Apr. 24, 2020 Recommended Order (hearing held December 9 through 13, 2019). CASE CLOSED.
Apr. 24, 2020 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 16, 2020 Notice of Filing Transcript.
Mar. 16, 2020 Notice of Filing Transcript (December 13, 2019) filed.
Mar. 16, 2020 Notice of Filing Transcript (Deember 12, 2019) filed.
Mar. 16, 2020 Notice of Filing Transcript (December 11, 2019) filed.
Mar. 16, 2020 Notice of Filing Transcript (December 10, 2019) filed.
Mar. 16, 2020 Notice of Filing Transcript (December 9, 2019) filed.
Mar. 13, 2020 Petitioners' Proposed Recommended Order filed.
Mar. 13, 2020 Proposed Recommended Order filed.
Feb. 27, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Feb. 06, 2020 Order Granting Extension of Time.
Feb. 06, 2020 Petitioners' Unopposed Motion for Extension of Time to File Proposed Recommended Orders filed.
Dec. 30, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Dec. 26, 2019 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Dec. 09, 2019 CASE STATUS: Hearing Held.
Dec. 03, 2019 Petitioners Motion for Judicial Notice with Exhibits Part 2 filed.
Dec. 03, 2019 Petitioners' Motion for Judicial Notice (with Exhibits Part 1) filed.
Nov. 21, 2019 Notice of Filing Return of Service Served - Subpoena Duces Tecum for Final Hearing Upon Martin Senterfitt filed.
Nov. 20, 2019 Order Granting Motion to Strike.
Nov. 08, 2019 Petitioners' Supplemental Response to Key West's Motion for Order Determining the Correct Law Applicable to Naja Girard vs. City of Key West, Florida and to Strike All References to Section 380.0552, Florida Statutes from the Amended Petition of Naja Girard filed.
Nov. 07, 2019 Order Denying Motions in Limine.
Nov. 06, 2019 CASE STATUS: Motion Hearing Held.
Nov. 04, 2019 Memorandum of Law in Support of the City of Key West?s Motion for Court Order Determining the Correct Law Applicable to Naja Girard vs. City of Key West, Florida and to Strike All References to Section 380.0552, Florida Statutes from the Amended Petition of Naja Girard filed.
Oct. 25, 2019 Notice of Telephonic Motion Hearing (motion hearing set for November 6, 2019; 10:00 a.m.).
Oct. 24, 2019 Order Reserving Ruling on Respondent's Motion to Strike.
Oct. 23, 2019 CASE STATUS: Motion Hearing Held.
Oct. 18, 2019 Petitioners' Response to Response to Key West Motion for Order Determining the Correct Law Applicable to Naja Girard vs. City of Key West, Florida and to Strike All References to Section 380.0552, Florida Statutes from the Amended Petition of Naja Girard filed.
Oct. 17, 2019 Agreed Motion for Extension of Time to Respond to City of Key West?s Motion for Determination of Correct Law filed.
Oct. 16, 2019 Order Rescheduling Hearing (hearing set for December 9 through 13, 2019; 9:00 a.m.; Marathon, FL).
Oct. 16, 2019 Notice of Telephonic Motion Hearing (motion hearing set for October 23, 2019; 10:00 a.m.).
Oct. 11, 2019 Joint Notice of Availability for the Rescheduling of Final Hearing filed.
Oct. 10, 2019 Motion for Court Order Determing the Correct Law Applicable to Naja Girard v. City of Key West, Florida and to Strike all References to Section 380.0552, Florida Statutes from the Amended Petition of Naja Girard filed.
Oct. 10, 2019 Motion for Court Order Determining the Correct Law Applicable to Naja Girard v. City of Key West, Florida and to Strike All References to Section 380.0552, Florida Statutes from the Amended Petition of Naja Girard filed.
Oct. 09, 2019 Notice of Telephonic Scheduling Conference (status conference set for October 9, 2019; 10:00 a.m.).
Oct. 07, 2019 Order Canceling Hearing (parties to advise status by ).
Oct. 07, 2019 Amended Joint Pre-Hearing Stipulation filed.
Oct. 04, 2019 Notice of Filing Deposition Transcripts in Support of Petitioners' Response in Opposition to Respondents' Motions in Limine to Exclude the Expert Testimony of Rebecca Jetton filed.
Oct. 04, 2019 Petitioners? Response to Motions in Limine filed.
Oct. 04, 2019 Notice of Filing (Exhibit and Witness Lists as Attachments to Joint Prehearing Stipulations) filed.
Oct. 03, 2019 Joint Prehearing Stipulation filed.
Oct. 02, 2019 Notice of Filing Supplement to Respondents' Joint Witness List filed.
Oct. 01, 2019 Respondent City of Key West's Notice of Later Formulated Expert Witness Opinions in Response to Opinions of Petitioner's Expert Witnesses filed.
Oct. 01, 2019 Respondents, City of Marathon and Islamorada, Village of Islands' Notice of Later Formulated Expert Witness Opinions in Response to Opinions of Petitioners' Expert Witnesses filed.
Sep. 30, 2019 Notice of Later Formulated Expert Witness Opinion in Response to Opinions of Respondents' Expert Witnesses filed.
Sep. 30, 2019 Order Granting Extension of Time to Respond to Motions in Limine.
Sep. 30, 2019 Notice of Taking Deposition (Don DeMaria) filed.
Sep. 30, 2019 Agreed Motion for Extension of Time to Respond to Motions in Limine filed.
Sep. 27, 2019 Notice of Filing (Florida Keys Hurricane Evacuation Study) filed.
Sep. 27, 2019 Respondent, City of Marathon's, Response to Petitioner, Cecelia Mattino's, Second Supplemental Request for Production of Documents filed.
Sep. 26, 2019 Respondent, Islamorada, Village of Islands', Response to Petitioner, Catherine Bosworth's Second Supplemental Request for Production of Documents filed.
Sep. 24, 2019 Motion in Limine to Exclude Expert Testimony of Rebecca Jetton filed.
Sep. 20, 2019 Amended Motion in Limine to Exclude Expert Testimony of Rebecca Jetton filed.
Sep. 20, 2019 Notice of Intent to Rely on Documents at the Deposition of the Petitioners' Expert Witness, Donald Maynard filed.
Sep. 19, 2019 Order Denying Respondents, Cities of Islamorada and Marathon's, Motion in Limine.
Sep. 19, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness, William F. Precht filed.
Sep. 19, 2019 Respondent City of Key West's Notice of Service of Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness, William F. Precht filed.
Sep. 19, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness Joaquin Vargas filed.
Sep. 19, 2019 Respondent City of Key West's Notice of Service of Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness, Joaquin Vargas filed.
Sep. 19, 2019 Motion in Limine to Exclude Expert Testimony of Rebecca Jetton filed.
Sep. 19, 2019 Notice of Filing (Jetton Documents) filed.
Sep. 18, 2019 Order Denying Respondents' Motions to Dismiss.
Sep. 18, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness, William F. Precht filed.
Sep. 17, 2019 Notice of Taking Expert Witness Deposition for Use at Final Hearing (Donald Maynard) filed.
Sep. 17, 2019 Petitioners' Witness List filed.
Sep. 17, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondents' Expert Witness, Joaquin Vargas filed.
Sep. 17, 2019 Petitioners' Notice of Taking the Deposition of Respondents' Expert Witness, William F. Precht filed.
Sep. 17, 2019 Petitioners' Notice of Taking the Deposition of Respondents' Expert Witness, Joaquin Vargas filed.
Sep. 17, 2019 Respondents' Joint Witness List filed.
Sep. 13, 2019 Petitioners' Joint Response in Opposition to Respondents' Motions to Dismiss filed.
Sep. 12, 2019 Amended Petitioners' Notice of Taking the Deposition of REspondents' Expert Witness, Michael C. Alfieri (Telephonic) filed.
Sep. 12, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondent's Expert Witness, Michael C. Alfieri filed.
Sep. 11, 2019 Petitioners' Notice of Taking the Deposition of Respondents' Expert Witness, Michael C. Alfieri filed.
Sep. 10, 2019 Respondent City of Key West's Responses to Petitioner Naja Girard's Second Supplemental Request for Production filed.
Sep. 10, 2019 Amended Notice of Taking Depositions of Petitioner Naja Girard's Expert Witnesses (Telephonic; McKee and Ogburn) filed.
Sep. 10, 2019 Respondent, City of Key West's Amended Expert Witness List filed.
Sep. 09, 2019 Amended Notice of Intent to Rely on Documents at the Deposition of the Petitioners' Expert Witness, Kathleen McKee filed.
Sep. 09, 2019 Petitioners' Expert Witness List filed.
Sep. 06, 2019 Respondent, Islamorada, Village of Islands', Expert Witness List filed.
Sep. 06, 2019 Respondent, City of Key West's Expert Witness List filed.
Sep. 06, 2019 Respondent, City of Marathon's, Expert Witness List filed.
Sep. 06, 2019 Motion to Dismiss Petition for Lack of Standing filed.
Sep. 06, 2019 Notice of Filing (Deposition Transcript of Naja Girard) filed.
Sep. 06, 2019 Motion to Dismiss Petition for Lack of Standing (Islamorada) filed.
Sep. 06, 2019 Motion to Dismiss Petition for Lack of Standing (Marathon) filed.
Sep. 05, 2019 Amended Notice of Intent to Rely on Documents at the Deposition of the Petitioners' Expert Witness, Richard Ogburn filed.
Sep. 05, 2019 Notice of Intent to Rely on Documents at the Deposition of the Petitioner's Expert Witness, Kathleen Mckee filed.
Sep. 05, 2019 Notice of Intent to Rely on Documents at the Deposition of Richard Ogburn filed.
Sep. 03, 2019 Amended Notice of Hearing (hearing set for October 7 through 11, 2019; 9:00 a.m.; Marathon, FL; amended as to Venue).
Aug. 28, 2019 Notice of Taking Depositions of Petitioner Naja Girard's Expert Witnesses filed.
Aug. 26, 2019 Cross-Notice of Taking Expert Witness Deposition (R. Ogburn) filed.
Aug. 26, 2019 Petitioner, Cecelia Mattino's 2nd Supplemental Request for Production of Documents to Respondent, City of Marathon filed.
Aug. 26, 2019 Petitioner, Naja Girard's 2nd Supplemental Request for Production of Documents to Respondent, City of Key West filed.
Aug. 26, 2019 Petitioner, Catherine Bosworth's 2nd Supplemental Request for Production of Documents to Respondent, Islamorada, Village of Islands filed.
Aug. 22, 2019 Notice of Taking Defendants, Cecelia Mattino and Catherine Bosworth's Expert Witness Deposition (Richard Ogburn) filed.
Aug. 22, 2019 Cross-Notice of Taking Defendants, Cecelia Mattino and Catherine Bosworth's Expert Witness' Deposition (Kathleen A. McKee) filed.
Aug. 21, 2019 Notice of Taking Expert Witness Deposition for Use at Final Hearing filed.
Aug. 20, 2019 Notice of Filing (Return of Service) filed.
Aug. 19, 2019 Subpoena to Appear for Hearing filed.
Aug. 19, 2019 Respondent, Islamorada, Village of Islands', Response to Petitioner, Catherine Bosworth's, First Supplemental Request for Production of Documents filed.
Aug. 19, 2019 Notice of Service of Respondent, Islamorada, Village of Islands', Responses to Petitioner, Catherine Bosworth's, First Set of Supplemental Interrogatories filed.
Aug. 19, 2019 Respondent, City of Marathon's, Response to Petitioner, Cecelia Mattino's, First Supplemental Request for Production of Documents filed.
Aug. 19, 2019 Respondent, City of Marathon's, Response to Petitioner, Cecelia Mattino's, First Set of Supplemental Interrogatories filed.
Aug. 19, 2019 Notice of Service of Petitioner, Cecilia Mattino's Update Expert Witness Interrogatories to Respondent, City of Marathon, Florida filed.
Aug. 19, 2019 Notice of Service of Petitioner, Catherine Bosworth's Update Expert Witness Interrogatories to Respondent, Islamorada, Village of Islands filed.
Aug. 16, 2019 Notice of Service of Petitioner, Naja Girard's Update Expert Witness Interrogatories to Respondent, City of Key West, Florida filed.
Aug. 16, 2019 Notice of Service of Petitioner, Cecilia Mattino's Updated Answers to Respondent, City of Marathon, Florida's Expert Witness Interrogatories filed.
Aug. 16, 2019 Notice of Service of Petitioner, Naja Girard's Updated Answers to Respondent, City of Key West, Florida's Expert Witness Interrogatories filed.
Aug. 16, 2019 Notice of Service of Petitioner, Catherine Bosworth's Updated Answers to Respondent, Islamorada, Village of Islands, Florida's Expert Witness Interrogatories filed.
Aug. 08, 2019 Respondent City of Key West?s Notice of Service of Amended Answers to Petitioner Naja Girard?s Expert Witness Interrogatories filed.
Aug. 08, 2019 Respondent City of Key West?s Supplemental Response to Petitioner Naja Girard?s First Request for Production filed.
Aug. 08, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondent, City of Key West?s, Expert Witness Patrick Wright filed.
Aug. 08, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondent, City of Key West?s, Expert Witness George Garrett filed.
Aug. 07, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondent, Islamorada, Village of Islands', Expert Witness filed.
Aug. 06, 2019 (Corrected) Amended Notice of Taking Expert Witness Deposition (G. Garrett) filed.
Aug. 06, 2019 Amended Notice of Taking Expert Witness Deposition (P. Wright) filed.
Aug. 06, 2019 Amended Notice of Taking Expert Witness Deposition (T. Harris) filed.
Aug. 06, 2019 Notice of Taking Expert Witness Deposition (G. Garrett) filed.
Aug. 06, 2019 Amended Notice of Taking Expert Witness Deposition (G. Garrett) filed.
Aug. 06, 2019 Notice of Intent to Rely on Documents at the Deposition of the Respondent, City of Marathon's, Expert Witness filed.
Jul. 30, 2019 Respondent City of Key West's Responses to Petitioner Naja Girard's First Supplemental Request for Production filed.
Jul. 30, 2019 Respondent City of Key West's Notice of Service of Answers to Petitioner Naja Girard's First Supplemental Set of Interrogatories filed.
Jul. 24, 2019 Notice of Taking Deposition of Petitioner Naja Girard filed.
Jul. 24, 2019 Notice of Deposition (Bosworth) filed.
Jul. 24, 2019 Notice of Taking Expert Witness' Deposition (Jetton) filed.
Jul. 23, 2019 Notice of Taking Expert Witness Deposition (Ty Harris) filed.
Jul. 23, 2019 Notice of Taking Expert Witness Deposition (Patrick Wright) filed.
Jul. 23, 2019 Notice of Taking Expert Witness Deposition (George Garrett) filed.
Jul. 22, 2019 Notice of Taking Deposition (filed in Case No. 19-001526GM).
Jul. 18, 2019 Notice of Continuation of Taking Defendant, Cecelia Mattino's Expert Witness' Deposition filed.
Jul. 10, 2019 Respondent, Islamorada, Village of Islands', Notice of Service of Supplemental Documents Bates No. 000135-005994 in Response to Petitioner, Catherine Bosworth's, First Request for Production of Documents filed.
Jul. 02, 2019 Petitioner, Cecilia Mattino's First Supplemental Request for Production of Documents to Respondent, City of Marathon filed.
Jul. 02, 2019 Petitioner, Naja Girard's First Supplemental Request for Production of Documents to Respondent, City of Key West filed.
Jul. 02, 2019 Petitioner, Catherine Bosworth's First Supplemental Request for Production of Documents to Respondent, Islamorada, Village of Islands filed.
Jul. 02, 2019 Notice of Service of Petitioner, Cecelia Mattino's 1st Supplemental Interrogatories to Respondent, City of Marathon filed.
Jul. 02, 2019 Notice of Service of Petitioner, Catherine Bosworth's 1st Supplemental Interrogatories to Respondent, Islamorada, Village of Islands filed.
Jul. 02, 2019 Notice of Service of Petitioner, Naja Girard's 1st Supplemental Interrogatories to Respondent, City of Key West filed.
Jun. 28, 2019 Petitioner, Naja Girard's, Responses to Respondent, City of Key West, Florida's First Request for Admission filed.
Jun. 28, 2019 Petitioner, Naja Girard's, Responses to Respondent, City of Key West, Florida's First Request for Production filed.
Jun. 28, 2019 Notice of Service of Petitioner, Naja Girard's Answers to Respondent, City of Key West, Florida's Interrogatories filed.
Jun. 28, 2019 Petitioner, Catherine Bosworth's, Responses to Respondent, Islamorada, Village of Islands, Florida's First Request for Production filed.
Jun. 28, 2019 Notice of Service of Petitioner, Catherine Bosworth's Answers to Respondent, Islamorada, Village of Islands, Florida's Interrogatories filed.
Jun. 24, 2019 Respondent City of Key West's Notice of Service of Answers to Petitioner Naja Girard's First Set of Interrogatories filed.
Jun. 24, 2019 Respondent City of Key West's Notice of Service Answers to Petitioner Naja Girard's Expert Witness Interrogatories filed.
Jun. 24, 2019 Respondent City of Key West's Responses to Petitioner Naja Girard's First Request for Admissions filed.
Jun. 24, 2019 Respondent City of Key West's Responses to Petitioner Naja Girard's First Request for Production filed.
Jun. 21, 2019 Notice of Service of Petitioner, Catherine Bosworth's Answers to Respondent, Islamorada, Village of Islands, Florida Expert Witness Interrogatories filed.
Jun. 13, 2019 Notice of Service of Respondent, Islamorda, Village of Islands', Resonses to Petitioner, Catherine Bosworth's, Expert Witness Interrogatories filed.
Jun. 13, 2019 Notice of Service of Respondent, Islamorda, Village of Islands', Responses to Petitioner, Catherine Bosworth's, First Set of Interrogatories filed.
Jun. 13, 2019 Respondent, Islamorda, Village of Islands', Response to Petitioner, Catherine Bosworth's, First Request for Admissions filed.
Jun. 13, 2019 Respondent, Islamorda, Village of Islands', Response to Petitioner, Catherine Bosworth's Request for Production of Documents filed.
Jun. 10, 2019 Order of Pre-hearing Instructions.
Jun. 10, 2019 Notice of Hearing (hearing set for October 7 through 11, 2019; 9:00 a.m.; Marathon, FL).
Jun. 10, 2019 Second Amended Joint Notice of Availability for Final Hearing filed.
May 31, 2019 Notice of Service of Petitioner, Cecelia Mattino's Amended/Supplemental Answers to Respondent, City of Marathon, Florida's Expert Witness Interrogatories filed.
May 31, 2019 Notice of Service of Petitioner, Naja Girard's Answers and Objections to Respondent, City of Key West, Florida's Expert Witness Interrogatories filed.
May 29, 2019 Second Order Requesting Dates of Availability.
May 23, 2019 Amended Joint Notice of Availability for Final Hearing filed.
May 22, 2019 Respondent, City of Key West's, First Request for Production of Documents to Petitioner, Naja Girard filed.
May 22, 2019 Respondent City of Key West's First Request for Admissions to Petitioner, Naja Girard filed.
May 22, 2019 Notice of Service of Respondent City of Key West's First Set of Interrogatories to Petitioner Naja Girard filed.
May 21, 2019 Notice of Service of Respondent, Islamorada, Village of Islands', First Set of Interrogatories to the Petitioner, Catherine Bosworth filed.
May 20, 2019 Notice of Service of Respondent, Islamorada, Village of Islands', Expert Witness Interrogatories to the Petitioner Catherine Bosworth filed.
May 20, 2019 Respondent, Islamorada, Village of Islands, Request for Production of Documents to Petitioner, Catherine Bosworth filed.
May 17, 2019 Petitioner, NAJA Girard's First Requests for Production to Respondent, City of Key West, Florida filed.
May 17, 2019 Petitioner, Catherine Bosworth's First Requests for Admission to Respondent, City of Key West, Florida filed.
May 17, 2019 Notice of Service of Petitioner, NAJA Girard's Interrogatories to Respondent, City of Key West, Florida filed.
May 17, 2019 Notice of Service of Petitioner, NAJA Girard's Expert Witness Interrogatories to Respondent, City of Key West, Florida filed.
May 15, 2019 Order Requesting Additional Dates of Availability.
May 10, 2019 Order Granting Motion for Leave to Amend Petition.
May 10, 2019 Order of Consolidation (DOAH Case Nos. 19-1839GM).
May 01, 2019 CASE STATUS: Motion Hearing Held.
Apr. 29, 2019 Notice of Telephonic Motion Hearing (motion hearing set for May 1, 2019; 11:00 a.m.).
Apr. 22, 2019 Notice of Transfer.
Apr. 22, 2019 Islamorada, Village of Islands Objection to Petitioner's Amended Joint Motion to Consolidate filed.
Apr. 17, 2019 Unopposed Motion for Extension of Time to Comply with Court's Initial Order filed.
Apr. 15, 2019 Notice of Appearance (Roget Bryan) filed.
Apr. 15, 2019 Notice of Appearance (Richard Grosso) filed.
Apr. 10, 2019 Petitioners' Amended Joint Motion to Consolidate filed.
Apr. 09, 2019 Initial Order.
Apr. 09, 2019 Petition for Formal Administrative Hearing filed.

Orders for Case No: 19-001839GM
Issue Date Document Summary
Dec. 23, 2020 Agency Final Order
Sep. 25, 2020 Recommended Order Respondents' comprehensive plan amendments, allowing up to 1,300 new residential affordable units, are "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.
Apr. 24, 2020 Recommended Order Respondents' comprehensive plan amendments, allowing up to 1,300 new residential affordable units, are "in compliance," as that term is defined in section 163.3184(1)(b), Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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