on ~ 14-0? Oo A “FINAL ORDERS, ENED STATE OF FLORIDA "AVI p Hl: Q7 DEPARTMENT OF COMMUNITY AFFAIRS; of | vs is ‘ON f JOSEPH J. DE MINICO, JR., HEAR igg VE Petitioner, al 07 vs. . a ~ DOAH Case No. 00-0699GM NG "CITY OF WINTER SPRINGS, and | - . DEPARTMENT OF COMMUNITY AFFAIRS, 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 t to determine whether the City of Wi ter ‘Springs comprehensive plan amendment, adopted by Ordinance No. 724 on Augu 16,2 2000, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the NCE SHRI Nene te amendment in compliance with the Act. _ The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance. The Petitioners subsequently filed a Notice of Voluntary Dismissal. Ww ww) - FINAL ORDER NO. DCA (0-GM-187 The Administrative Law Judge issued an Order Closing File. Another challenge, Scarlata v. DCA & City of Winter Springs, DOAH Case No. 00- 0698GM, is still pending, therefore the issue of the City’s comprehensive plan compliance is still pending with the Division of Administrative Hearings and is not affected by this 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 in Tallahassee, Florida. DEPARTMENT OF CO 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, F LORIDA 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. crit an ints iB Be FINAL ORDER NO. DCA 00-GM-187 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 designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this | OM day of 2000. Paula Ford Agency Clerk U.S. Mail: ; Hand Delivery: Joseph J. De Minico, Jr. Andrew S. Grayson, Assistant General Post Office Box 621649 _ Department of Community Affairs Oviedo, Florida 33762-1649 2555 Shumard Oak Boulevard Petitioner . Tallahassee, Florida 32399-2100 Counsel for Dept. of Community Affairs Anthony Gargaese, Esquire 1126 East State Road 434 Winter Springs, Florida 32708 Counsel for City of Winter Springs The Honorable Lawrence P. Stevenson Administrative Law Judge Division of Administrative Hearings Tallahassee, FL 32399-3060 - we ¢ RECEIVED 8 STATE OF FLORIDA APR 1 2000 DIVISION OF ADMINISTRATIVE HEARINGS DEPT, OF COMMUNITY AFFAIRS : GENERAL COUNSEL'S OFFICE JOSEPH J. DE MINICO, OR., Petitioner, vs: "Case No. 00-0699GM CITY OF WINTER SPRINGS AND DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's notice of withdrawal of request for administrative hearing, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. — DONE AND ORDERED this day of April, 2000, in ‘Tallahassee, Leon County, Florida. Lusues f, Hiern LAWRENCE P. STEVENSON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division gé_ Administrative Hearings this day of April, 2000. p EXHIBIT | / Wa COPIES FURNISHED: Joseph J. De Minico, Jr. Post Office Box 621649 Oviedo, Florida 33762-1649 Anthony Garganese, Esquire 1126 East State Road 434 Winter Springs, Florida 32708 Andrew S. Grayson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard ; Tallahassee, Florida 32399-2100

Docket for Case No: 00-000699GM