11-002993GM K. Richard Blount vs. Alachua County Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, July 27, 2011.

Final Order No. DCAII-GM-168

STATE OF FLORIDA

DEPARTMENT OF COMMUNITY AFFAIRS

K. RICHARD BLOUNT, RN, AICP,

Petitioner,

v. Case No. 11-2993GM

ALACHUA COUNTY,

Respondent.

________________ --C 1

FINAL ORDER

On July 27,2011, an Administrative Law Judge ("ALJ") of the Division of Administrative

Hearings entered an Order Closing File And Relinquishing Jurisdiction to the Department.

BACKGROUND

This is a proceeding to determine whether Alachua County's Evaluation and Appraisal

Report ("EAR") based comprehensive plan amendment 11-IER (the "Plan Amendment") adopted

by Ordinance No. 11-01 on April 5,2011, is "in compliance" with the Community Planning Act,

Ch. 163, Part II, Florida Statutes (2011).

Since the Plan Amendment at issue in this proceeding is an EAR-based amendment, it is

subject to the State Coordinated Review Process. § 163.3184(2)(c), Fla. Stat. (2011). If timely

challenged, such a Plan Amendment does not become effective until the Department or the

Administration Commission issues a final order determining that the Plan Amendment is in

compliance. § 163.3184(4)(e)5, Fla. Stat. (2011). Since the ALJ relinquished jurisdiction to the

Department to take final action, the Department is the appropriate agency to enter this Partial

Final Order. § 163.3184(5)(e), Fla. Stat. (2011).

1

Filed August 23, 2011 2:05 PM Division of Administrative Hearings

Final Order No. DCAII-GM-168

ORDER

WHEREFORE, it is ORDERED that Alachua County Comprehensive Plan Amendment

ll-IER, adopted by Ordinance No. 11-01 on April 5, 2011, is "in compliance" with the

Community Planning Act, Ch. 163, Part II, Florida Statutes (2011).

DONE AND ORDERED in Tallahassee, Florida.

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)(I)(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. DCAII-GM-168

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 Mfairs, and that true and correct

copies have been furnished to the persons listed below in the manner described, on this 25- day

of August 201 1.

f.j2/'fiula Ford, Agency Clerk

D OF COMMUNITY AFFAIRS

2555 Shumard Oak Boulevard

Tallahassee, Florida 32399-2100

By U.S. Mail:

K. Richard Blount, RN, AICP David C. Schwartz, Esq.

Post Office Box 14642 Alachua County Attorney's Office

Gainesville, FL 32604 Post Office Box 2877

Gainesville, FL 32602-2877

By Filing with DOAH:

The Honorable Bram D. E. Canter

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-1550