09-003596GM Department Of Community Affairs vs. City Of Dania Beach Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Tuesday, December 21, 2010.

FINAL ORDER NO. DCAIO-GM-287

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF COMMUNITY

AFFAIRS,

Petitioner,

v. Case No. 09-3596GM

CITY OF DANIA BEACH,

Respondent.

________________ ------'1

FINAL ORDER

An Administrative Law Judge of the Division of AdministrativeHearings 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 City of Dania Beach's ("City")

Comprehensive Plan Amendment adopted by Ordinance No. 2008-013 on

April 28, 2008 ("Amendment"), is "in compliance" with the Local Government Comprehensive

Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes ("Act").

The parties entered into a Compliance Agreement which required the County to adopt a

remedial amendment. The County adopted the remedial amendment via Ordinance Number

2010-022 on October 26, 2010 ("Remedial Amendment"). On November 29,2010, the

Filed January 3, 2011 11:57 AM Division of Administrative Hearings

FINAL ORDER NO. DCAIO-GM-287

Department published a Cumulative Notice of Intent finding the Amendment, as remediated, in

compliance.

The Department subsequently filed with the Division of Administrative Hearings a

Motion to Close File and Relinquish Jurisdiction. On December 21, 2010, the Administrative

Law Judge issued his 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.

FINAL ORDER NO. DCAIO-GM-287

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.

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 correl

copies have been furnished to the persons listed below in the manner described, on this 3 C­

"Sn dHJ II

Paula Ford

Agency Clerk

Florida Department of Community Affairs

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

FINAL ORDER NO. DCAIO-GM-287

u. S. Mail:

J. Lawrence Johnston

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550

Tom Ansboro, Esquire

City of Dania Beach

100 West Dania Beach Boulevard

Dania Beach, Florida 33004

Kathryn Mehaffey, Esquire

200 E. Broward Boulevard

Suite 1900

Ft. Lauderdale, Florida 33301

Hand Delivery:

L. Mary Thomas, Esquire

Department of Community Affairs

2555 Shumard Oak Blvd.

Tallahassee, Florida 32399