STATE OF
DEPARTMENT OF
COMMUNITY AFFAIRS NOTICE OF INENT TO FIND THE
The Department gives notice of its intent to find the Santa Rosa County Comprehensive Plan Amendments adopted by Ordinance No. 2003-23 and 2003-25 on August 12, 2003 IN COMPLIANCE, except for CPA Amendments 2003-25 line item 10 of table 4.1 from the Transportation Element that establishes a level of service standard of “F-maintain” adopted pursuant to Ordinance No. 2003-25 on August 12, 2003 which are NOT IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.
The adopted Santa Rosa County Comprehensive Plan Amendments, the Department’s Objections, Recommendations, and Comments Report (if any), and the Department’s Statement of Intent to find the Comprehensive Plan Amendments Not in Compliance will be available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Community Planning and Zoning Division 6051 Bagdad Highway, Milton, Florida 32583.
Any affected person, as defined in Section 163.3184, F.S.,
has a right to petition for an administrative hearing to challenge the proposed
agency determination that the above referenced amendments to the Santa Rosa
County Comprehensive Plan are In Compliance, as defined in Subsection
163.3184(1), F.S. The petition must be
filed within twenty-one (21) days after publication of this notice; a copy must be mailed or delivered to the
local government and must include all of the information and contents described
in Uniform Rule 28-106.201, F.A.C. The
petition must be filed with the Agency Clerk, Department of Community Affairs,
This Notice of Intent and Statement of Intent for those amendment(s) found Not In Compliance will be forwarded by petition to the Division of Administrative Hearings (DOAH) of the Department of Management Services for the scheduling of an Administrative Hearing pursuant to Sections 120.569 and 120.57, F.S. The purpose of the administrative hearing will be to present evidence and testimony on the noncompliance issues alleged by the Department of Objections, Recommendations, and Comments Report and Statement of Intent in order to secure a recommended order for forwarding to the Administration Commission.
Affected persons may petition to intervene in either
proceeding referenced above. A petition
for intervention must be filed at least twenty (20) days before the final
hearing and must include all of the information and contents described in
Uniform Rule 28-106.205, F.A.C. Pursuant
to Section 163.3184(10), F.S., no new issues may be alleged as a reason to find
a plan amendment not in compliance in a petition to intervene filed more than
twenty one (21) days after publication of this notice unless the petitioner
establishes good cause for not alleging such new issues within the twenty one
(21) day time period. The petition for
intervention shall be filed at DOAH,
After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice mediation shall not affect a party’s right to an administrative hearing.
/s/ Charles Gauthier, AICP, Acting Director
Division of Community Planning
Department of Community Affairs