10-008288GM Department Of Community Affairs vs. City Of Venice Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 29, 2010.

FINAL ORDER NO. DCA lO-GM-288

STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS

DEPARTMENT OF COMMUNITY

AFFAIRS/

Petitioner,

vs. Case No. 10-8288GM

CITY OF VENICE,

Respondent/

and

VENICE HMA/ LLC/ d/b/a

VENICE REGIONAL MEDICAL

CENTER

Intervenors.

-------------_/

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 City of Venice

Comprehensive Plan Amendment 10-lER/ adopted by Ordinance 2010-08

on June 8, 2010, as remediated by Comprehensive Plan Amendment

10-R1, adopted by Ordinance 2010-21, on October 26, 2010, is "in

compliance" with the Local Government Comprehensive Planning and

Filed January 3, 2011 12:02 PM Division of Administrative Hearings

FINAL ORDER NO. DCA lO-GM-288

Land Development Regulation Act, Ch. 163, Part II, Florida

Statutes (the "Act").

The Department and the City entered into a Stipulated

Settlement Agreement which required the City to adopt certain

remedial amendments. The City 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. On December 27,

2010, intervenor Venice HMA, LLC, d/b/a Venice Regional Medical

Center expressed no objection to the closing of this case.

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. StI er, ral Counsel

DEPARTMENT OF COMMUNITY AFFAIRS

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

FINAL ORDER NO. DCA lO-GM-288

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 lO-GM-288

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 -5 cd- day 20j)

.

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

By Electronic Mail

Linda Shelley, Esquire

Fowler White Boggs PA

PO Box 11240

Tallahassee, Florida 32302-3240

[e-mail]

Jeffery A. Boone, Esquire

1001 Avenida Del Circo

PO Box 1596

Venice, Florida 34284-1596

[e-mail]

Lynette Norr

Assistant General Counsel

Department of Community Affairs

[e-mail]