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County Agents: Login using your agent key. Users: Login using the email address you registered with. Within 60 days after receipt of the Department's objections, recommendations, and comments, the local government shall consider for adoption all remedial plan amendments and amendments to the support document, and deliver the amendments and a transmittal letter to the Department as provided by law.
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The letter shall describe the remedial action adopted for each part of the plan amended, including references to specific portions and pages. Review of Remedial Amendments and Notice of Intent. Within 45 days after receipt of the adopted remedial plan amendments and support documents, the Department shall issue a notice of intent pursuant to Section Not in Compliance: If the remedial actions are not adopted, or if they do not satisfy this agreement, the Department shall issue a notice of intent to find the plan amendments not in compliance and shall forward the notice to DOAH for a hearing as provided in subsection The parties hereby stipulate to that consolidation and to the setting of a single final hearing if the Department so requests.
The county subsequently filed a motion for rehearing which alleged that it still needed a declaration because it would be exposed to future problems in complying with chapter and rule 9J In the order denying the county's motion for rehearing, the trial court explained:. The Settlement Agreement resolved the dispute between the parties as to the particular facts alleged in the complaint.
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This court granted Summary Judgment on the grounds that the requested declaration no longer presented an actual controversy as to the state of facts nor was there a bona fide, present need for the declaration for the reason that Santa Rosa County was no longer subject to sanctions. Santa Rosa County appealed the summary judgment to the First District. In its opinion, the First District agreed with the county that its challenge was not moot; however, the court affirmed the summary judgment based on the county's lack of standing.
Santa Rosa County, So. We disagree with the First District's conclusion that declaratory relief was still available after settlement of the parties' dispute.
stalonprobco.tk Based on our review of the record and the settlement agreement, we find that all disputes between the parties were resolved by the stipulated settlement agreement, which was signed by the county and the DCA in June of Therefore, because there was no pending controversy, the Declaratory Judgment Act was no longer available to Santa Rosa County. The purpose of a declaratory judgment is to afford parties relief from insecurity and uncertainty with respect to rights, status, and other equitable or legal relations. Martinez v. Scanlan, So. Parties who seek declaratory relief must show that.
These elements are necessary in order to maintain the status of the proceeding as being judicial in nature and therefore within the constitutional powers of the courts.
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Holley, 59 So. Thus, absent a bona fide need for a declaration based on present, ascertainable facts, the circuit court lacks jurisdiction to render declaratory relief. Martinez, So. Taylor, 66 So. Johns County P. Augustine, FL info St Augustine Genealogical Society.
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