STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

DEPARTMENT OF COMMUNITY AFFAIRS,

Petitioner,

V. DO.AH Case No. 09-0626GM

CITY OF LABELLE,

Respondent.

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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 Labelle (City) Comprehensive Plan Amendment 08-PEFEl adopted by Ordinance 2008-18 on November 13, 2008, as remediated by Comprehensive Plan Amendement 09-Rl adopted by Ordinance 2009-03 on November 12, 2009, and by Comprehensive Plan Amendment 10-Rl, adopted by Ordinance 2010-05, on October 14, 2010, is "in compliance" with the Local Government Comprehensive Planning and

Filed January 5, 2011 10:46 AM Division of Administrative Hearings

FINAL ORDER NO. DCA ll-GM-003

Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the "Act").

The Department and the City entered into Stipulated Settlement Agreements which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department subsequently reviewed the amendments and published its Cumulative Notices of Intent to find the Plan Amendment and the Remedial Amendments 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, challenged the Cumulative Notices, and the time for doing so has expired. Accordingly, the Department has filed a Motion to Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File on January 4, 2011, relinquishing jurisdiction of this matter to the Department. A copy of the Order is appended hereto as Exhibit A.

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.

Ja , General Counsel DE OMMUNITY AFFAIRS

Oak Boulevard Tallahassee, Florida 32399-2100

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.

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 the manner

.-----n

below on this O- day

indicated to each of the persons listed

0 f, /1../JJ/l,(/f / 2011.

By U.S. Mail

Paula'Poi-d Agency Clerk

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

James Owen Luckey, Esquire Luckey Law Firm

PO Box 1820

LaBelle, Florida 33975

jimmy@labellelegal.com

Lynette Norr

Assistant General Counsel Department of Community Affairs Lynette.norr@dca.state.fl.us

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Docket for Case No: 09-000626GM

Orders for Case No: 09-000626GM