Final Order No.: DCA04-GMi-d, 5, . Poe STATE OF FLORIDA i DEPARTMENT OF COMMUNITY AFFAIRS "e . - ALBERT AND JACQUELINE LORIOL and MARTHA BABSON DEA 4 (sed Petitioners, vs. Case No.: 03-0867GM 03-0868GM CITY OF RIVIERA BEACH and DEPARTMENT CF COMMUNITY AFFAIRS, Respondents. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered two Orders Closing File in this proceeding. Copies of the Orders are attached to this Final Order as Exhibit A and B. BACKGROUND This is a proceeding to determine whether the City of Riviera Beach’s comprehensive plan amendment, adopted by Ordinance No. 2923 on December 18, 2002, is “in compliance” with the Locai Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part IL, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the 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.” Petitioners subsequently entered into a settlement with the City of Riveria Beach. 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 the City of Riviera Beach Ordinance No. 2923 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. THA L. coer! Thaddeus L. Cohen, AIA, Secretary DEPARTMENT OF COMMUNITY 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. 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 mn furnished to the persons listed below in the manner described, on this, day of , 2004. hacle ye Anh Paula Ford Agency Clerk US. Mail: Martha Babson Pamela H. Ryan, Esquire 156 East 21% Street City Attorney’s Office Riviera Beach, FL 33404-5608 600 West Blue Heron Blvd. Riviera Beach, FL 33404-4311 Albert Loriol Jacqueline Loriol 127 East 21" Street Riviera Beach, FL 33404-5607 The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Docket for Case No: 03-000867GM