DEPARTMENT OF ECONOMIC OPPORTUNITY
Division of Community Development
DEO Final Order No. DEO-19-048
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
ARGO CORKSCREW CROSSING, LP;
ARGO US, LLC; ARGO LAND US, LLC;
AND TEMPLETON FAMILY TRUST,
Petitioners,DOAH CASE NO.: 18-3613GM
DEO CASE NO.: 19-243
vs.
VILLAGE OF ESTERO,
Respondent.
___________________________/
FINAL ORDER
This matter was considered by the Division of Community Development within the Florida Department of Economic Opportunity (“Department”) following an Order Closing File and Relinquishing Jurisdiction (“Closing Order”), a copy being attached as Exhibit “A”, issued by an Administrative Law Judge (“ALJ”) assigned to the matter by the Division of Administrative Hearings (“DOAH”).
Background
On July 13, 2018, ARGO CORKSCREW CROSSING, LP, ARGO US, LLC, ARGO LAND US, LLC, and the TEMPLETON FAMILY TRUST, (“Petitioners”) timely filed a petition with DOAH to challenge whether the Village of Estero’s Comprehensive Plan, adopted by Ordinance No. 2018-01 on June 13, 2018, is “in compliance,” as defined in paragraph 163.3184(1)(b), Florida Statutes. The Village of Estero, Florida was listed as a Respondent.
On October 1, 2019, the parties filed a Joint Notice of Filing Compliance Agreement, notifying DOAH of the compliance agreement and the remedial text amendment that were approved by the Village Council at a public hearing on September 25, 2019. The remedial text amendment was transmitted to the Department for review. On October 31, 2019, the Department filed its Cumulative Notice of Intent to find the Village of Estero’s Comprehensive Plan, adopted by Ordinance No. 2018-10, as amended by Ordinance No. 2019-24, in compliance. After DOAH did not receive a timely challenge to the remedial amendment, and because the parties resolved the issue by settlement agreement, the ALJ filed the Closing Order and relinquished jurisdiction to the Department on November 4, 2019, pursuant to subsection 163.3184(6), Florida Statutes.
Order
Based on the foregoing, and in accordance with the Department’s previously issued Cumulative Notice of Intent, the Department finds that the Village of Estero Comprehensive Plan Amendment, adopted by Ordinance No. 2018-01, as amended by Remedial Ordinance No. 2019-24, is “in compliance,” as defined in paragraph 163.3184(1)(b), Florida Statutes.
Dated this 21stday of November, 2019.
/s/Mario Rubio, Mario Rubio, Director, Division of Community Development, Florida Department of Economic Opportunity
NOTICE OF RIGHT TO JUDICIAL REVIEW
THIS FINAL ORDER CONSTITUTES FINAL AGENCY ACTION UNDER CHAPTER 120, FLORIDA STATUTES. A PARTY WHO IS ADVERSELY AFFECTED BY FINAL AGENCY ACTION IS ENTITLED TO JUDICIAL REVIEW IN ACCORDANCE WITH SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(B)(1)(C) AND 9.110.
TO INITIATE JUDICIAL REVIEW OF THIS FINAL AGENCY ACTION, A NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL WITHIN THIRTY (30) CALENDAR DAYS AFTER THE DATE THE FINAL AGENCY ACTION WAS FILED BY THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22, FLORIDA STATUTES. A COPY OF THE NOTICE OF APPEAL MUST ALSO BE FILED WITH THE DEPARTMENT’S AGENCY CLERK, 107 EAST MADISON STREET, CALDWELL BUILDING, MSC 110, TALLAHASSEE, FLORIDA 32399-4128, AGENCY.CLERK@DEO.MYFLORIDA.COM. A DOCUMENT IS FILED WHEN IT IS RECEIVED. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(A).
AN ADVERSELY AFFECTED PARTY WAIVES THE RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL IS NOT TIMELY FILED WITH BOTH THE DEPARTMENT’S AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL.
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the undersigned Agency Clerk, and that true and correct copies have been furnished to the following persons by the methods indicted this 21st day of November, 2019.
/s/Janay Lovett, Agency Clerk, Florida Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128
By U.S. Mail
The Honorable Suzanne Van Wyk, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060
By U.S. Mail
Gary K. Oldehoff, Esquire
Gary K. Oldehoff, P.A., Suite 216, 759 Southwest Federal Highway, Stuart, Florida 34994, Burt Saunders, Esquire
Gray Robinson, Suite 410, 3838 Tamiami Trail North, Naples, Florida 34103
Nancy E. Stroud, Esquire, Nancy Stroud, P.A., Suite 100, 1875 Northwest Corporate Blvd., Boca Raton, Florida 33431
Tara W. Duhy, Esquire
Robert P. Diffenderfer, Esquire
Christopher D. Johns, Esquire
Andrew Baumann, Esquire
Amy Taylor Petrick, Esquire
Telsula Christy Morgan, Esquire
Lewis Longman & Walker, P.A, Suite 1500, 515 North Flagler Drive, West Palm Beach, Florida 33401
