Final Order No. DCA04-GM-065 oC STATE OF FLORIDA cn DEPARTMENT OF COMMUNITY AFFAIRS A PABLO ALVAREZ and Be GERRI FONTANELLA, nr Petitioners, api bas . v. DOAH Case No. 03-3819GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF HIALEAH GARDENS, Respondents, and 84-A HOLDINGS, L.L.C. Intervenor. / a FINAL ORDER This matter was considered by the Secretary of the Department of Community Affairs (“the Department”) following receipt and consideration of a Recommended Order of Dismissal issued by an Administrative Law Judge (“ALJ”) of the Division of Administrative Hearings. A copy of the Recommended Order of Dismissal is attached hereto as Exhibit A. This matter involves a challenge to a comprehensive plan amendment adopted by City of Hialeah Gardens Ordinance No. 2003-03, hereinafter referred to as the “Plan Amendment.” The ALJ gave the Petitioners two opportunities to amend their Petition to state a basis for relief in a compliance challenge under Section 163.3184, FLA. STAT. Final Order No. DCA04-GM-065 (2003). The ALJ determined that “it conclusively appears from the face of the pleadings that the defect cannot be cured,” and recommended that the Department enter a final order dismissing, with prejudice, the Petitioner’s Second Amended Petition. ORDER Upon review and consideration of the entire record of the proceeding, including the Recommended Order of Dismissal, it is hereby ordered that: 1. The Administrative Law Judge’s recommendation is accepted; 2. The Petitioner’s Second Amended Petition is dismissed with prejudice; and 3. The comprehensive plan amendment adopted by City of Hialeah Gardens Ordinance No. 2003-03 is determined to be in compliance as defined in §163.3184(1)(b), FLA. STAT. DONE AND ORDERED in Tallahassee, Florida. Heidi Hughes, Interim ary DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF RIGHTS ANY PARTY TO THIS FINAL ORDER HAS THE RIGHT TO SEEK JUDICIAL REVIEW OF THE 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 2 Final Order No. DCA04-GM-065 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. CERTIFICATE OF FILING AND SERVICE | HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, that true and correct copies have been furnished to the persons listed below this, a PA day of , 2004. / } i, Lo )C Yee Ford fa - Agency Clerk By U.S. Mail: Pablo Alvarez Gerri Fontanella 10010 Northwest 135 Street 13425 Northwest 102 Avenue Hialeah Gardens, FL 33018-1664 Hialeah Gardens, FL 33018-1671 J. Frost Walker, III, Esq. Barbara A. Hall, Esq. Law Offices of Citrin & Walker Linda M. Reck, Esq. 100 West Sunrise Avenue Greenberg Traurig P.A. Coral Gables, FL 33133-6910 401 East Las Olas Boulevard, Suite 2000 Fort Lauderdale, FL 33301-2204 By Hand Delivery: Moses E. Williams, Esq. Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 By Interagency Mail: Hon. Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Final Order No. DCA04-GM-065

Docket for Case No: 03-003819GM