DCA FINAL ORDER NO. DCA04-GM-193 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, C AS a (0S v. DOAH Case No. 03-2073GM Docket No. 03-1 ER-NOI-5704-(1)-(N) CITY OF MILTON, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding, which is attached as Exhibit “A.” The Department of Community Affairs hereby adopts this Final Order and states: BACKGROUND This is a proceeding to determine whether portions of the City of Milton’s (City) Comprehensive Plan Amendment adopted by Ordinance No. 1114-03 on April 8, 2003, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement that required the City to adopt certain remedial amendments. The City adopted the remedial amendments on August 12, 2004. The Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in compliance” with the Act and Rule 9J-5, Florida Administrative Code, on September 8, 2004. No challenges to the Department’s Notice were received. DCA FINAL ORDER NO. DCA04-GM-193 The Department subsequently filed a Motion to Close File And Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File on September 20, 2004. 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. SL &, THADDEUS 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. DCA FINAL ORDER NO. DCA04-GM-193 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 to the persons listed below in the manner described, 4y, fn on this4 7 day of October, 2004. via interagency mail: The Honorable Charles A. Stampelos Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 via. U.S. Mail: Roy Andrews, Esq. Lindsay, Andrews & Leonard, P.A. P.O. Box 586 Milton, Florida 32572 via hand delivery: Timothy E. Dennis, Esq. Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 ? i: - ? A ; ST Midd are #y aa Paula Ford Agency Clerk STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS 04 fy 28 py I: O} DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 03-2073GM CITY OF MILTON, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Status Report and Motion to Close File and Relinquish Jurisdiction filed on September 17, 2004, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The Motion to Close File and Relinquish Jurisdiction is granted. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the Department. DONE AND ORDERED this 20th day of September, 2004, in Tallahassee, Leon County, Florida. Lp, ll rnp een CHARLES A. STAMPELOS 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 EXHIBIT A Filed with the Clerk of the Division of Administrative Hearings this 20th day of September, 2004. COPIES FURNISHED: Roy Andrews, Esquire City of Milton Fost Office Box 586 Milton, Florida 32572 Timothy E. Dennis, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 03-002073GM