eanne eer: weed FINAL ORDER NO. Ello Rco 66 STATE OF FLORIDA O10CT29 Py I: 2 DEPARTMENT OF COMMUNITY AFFAIRS DIY IS!ION OF ADH iN Wik TERRY SCARLATA, au YE Petitioner, vs. DOAH Case No. 00-0698GM LY OTe CITY OF WINTER SPRINGS and DEPARTMENT OF COMMUNITY AFFAIRS, ee eee ee ean ae woes crete eae erate Respondents. / 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 Winter Springs’ Comprehensive Plan Amendment 99-2 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part Il, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the amendment in compliance with the Act. The Petitioner filed a petition challenging the Department’s Notice of Intent, which alleged that t the plan amendment is not “in compliance. » The parties subsequently entered into a Stipulated Settlement Agreement and the Petitioner filed a Notice of Voluntary Dismissal. FINAL ORDER NO. DCA01-GM-166 The Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by City of Winter Springs Ordinance No. 724 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Flori Stéven M. Seibert/Secretary DEPARTMENT OF COM: TY AFFAIRS 2555 Shumard 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. FINAL ORDER NO. DCA01-GM-166 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this Th Pray of October, 2001. \Nowian Sh os Paula Ford Agency Clerk U.S. Mail: Hand Delivery: Anthony A. Garganese, Esq. Richard A. Lotspeich Brown, Ward, Salzman and Weiss, P.A. Department of Community Affairs Two Landmark Center ; 2555 Shumard Oak Boulevard 225 East Robinson Street - Suite 660 Tallahassee, Florida 32399-2100 Orlando, Florida 32801 The Honorable Lawrence P. Stevenson Terry Scarlata Administrative Law Judge 1006 Nancy Circle Division of Administrative Hearings Winter Springs, Florida 32708 The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Docket for Case No: 00-000698GM