FINAL ORDER NO. AC-10-007

STATE OF FLORIDA ADMINISTRATION COMMISSION

TIERRA VERDE COMMUNITY ASSOCIATION, INC., MAURA J. KIEFER, and MICHAEL MAURO,

vs.

Petitioners, AC Case No. ACC-10-002

DOAH Case No. 09-3408GM

CITY OF ST. PETERSBURG, FLORIDA,

Respondent.

I

FINAL ORDER CLOSING FILE

This cause came for consideration before the Secretary of the Administration Commission ("Commission") through a notice filed by Respondent, City of St.

Petersburg, Florida, on December 23, 2010. The City of St. Petersburg, Florida, gives notice that Ordinance No. 2009-689-L, the subject of the instant proceeding, has been rescinded through adoption of Ordinance No. 1008-G on December 9, 2010. Based on documentation provided by the City of St. Petersburg, Florida, stating it has complied with the Commission's Final Order issued on November 10, 2010, the Commission closes the file. A copy of the City's notice is attached and incorporated as Exhibit A.

NOTICE OF RIGHTS

L

Any party to this Order has the right to seek Judicial review of the Final Order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399-0001; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of the day this Order is filed with the Clerk of the Commission.

DONE AND ORDERED this '2zlJ day of December, 2010.

tf" nnrustratlon 01nm

FILED with the Clerk of the Administration Commission this 5J) day of December, 2010.

j

CERTIFICATE OF SERVICE

I HEREBX RRTIFY that a true and correct copy of the forgoing was delivered to the followi fJeft:l:lns by United States Mail, facsimile, electronic mail, or hand

delivery this dayofDecember, 2010.

Honorable Charlie Crist Governor

The Capitol

Tallahassee, Florida 32399

Honorable Bill McCollum Attorney General

The Capitol

Tallahassee, Florida 32399

Carly A. Hermanson Governor's Legal Office Room 209, The Capitol

Tallahassee, Florida 32399-0001

Honorable Bram D. E. Canter Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Thomas W. Reese, Esquire 2951 61st Avenue South

St. Petersburg, Florida 33712-4539

Honorable Alex Sink Chief Financial Officer The Capitol

Tallahassee, Florida 32399

Honorable Charles H. Bronson Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399

John R. Thomas, Esquire Thomas & Associates, P.A. 233 Third Street North Suite 101

St. Petersburg, Florida 33701-3818

Jeanne Hoffman, Esquire Kimberly Jackson, Esquire City of St. Petersburg Legal Department

Post Office Box 2842

St. Petersburg, Florida 33731

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

iili& 1# -

.-.-.

st.petersburg

www.stpete.org

Office of the City Attorney

City of St. Petersburg One Fourth Street North St. Petersburg, FL 33701

P.0. Box 2842

St. Petersburg, FL 33731-2842 Telephone: 727-893-7401

Fax: 727-892-5262

December 22, 2010

Jerry L. McDaniel, Secretary Office of the Governor

The Capitol, Rm 1801 Tallahassee, FL 32399-0001

RE: Tierra Verde Community Association, Inc. et al v. City of St. Petersburg, Florida AC Case No. ACC-10-002

DOAH Case No. 09-3408GM

Dear Mr. McDaniel:

CE')

Please be advised that the City of St. Petersburg has fully complied with the Commission's Final Order dated November 10, 2010 and lawfully rescinded Ordinance No. 2009-689-L. Enclosed for your information and records is the Notice of Filing Rescission of Ordinance. The following documents are attached to the Notice of Filing: memorandums to City Council dated respectively, December 9 and December 16, 2010; Ordinance No. 1008-G rescinding Ordinance 2009-689-L; and, the no veto memorandum executed by Mayor Bill Foster. The no veto memorandum results in the ordinance becoming effective the date of the execution.

The Notice of Filing Rescission of Ordinance with attachments has also been filed with the Department of Administrative Hearings in the above referenced matter. Please do not hesitate to contact me if you ha a further questions.

Enclosures

Cc: Barbara Leighty, Clerk, Administrative Commission Michael J. Barry, Governor's Legal Office

Thomas W. Reese, Esq. John R. Thomas, Esq.

NOISSIVWuOCJ AMOlVCJIOnrav M31VM ONVl 11

EXHIBIT A

Docket for Case No: 09-003408GM

Orders for Case No: 09-003408GM