FINAL ORDER NO, DCA06-GM-095 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS ALAN FICARRA, Petitioner, v. DOAH Case No. 06-0588GM WALTON COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, and FLORIDA EMERALD COAST GROUP, LLC and SOUTH WALTON PARTNERS, LLC, Intervenors. / Se 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 Walton County comprehensive plan amendments adopted by Ordinance Nos. 2005-48, 2005-73, 2005-79, 2005-92, and 2005-94 on November 28, 2005, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch, 163, Part 0, Florida Statutes (the “Act"). The FINAL ORDER NO. DCA06-GM-095 Department issued a Notice of Intent to find these plan amendments “in compliance” with the Act. The Petitioner filed a petition challenging the Department's Notice of Intent, which alleged that the plan amendments are not “in compliance.” The Petitioner, Walton County, and the Intervenors entered into a Settlement Agreement whereby, in part, the Petitioner dismissed his challenge to the Walton County comprehensive plan amendments adopted by Ordinance Nos. 2005-73, 2005-92, and 2005-94, The Administrative Law Judge responded by issuing an Order Striking Portions of Petition, which is attached to this Final Order as Exhibit B. The Petitioner subsequently filed a Notice of Voluntary Dismissal, withdrawing the petition initiating the proceeding. 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 amendments adopted by Walton County Ordinance Nos. 2005-48, 2005-73, 2005-79, 2005-92, and 2005-94 are determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Thaddeus Cohen, AIA, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA06-GM-095 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. DCA06-GM-095 CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true an persons listed below in the manner described, on this orrect copies have been furnished to the ? day of April, 2006. Nw Paula Bord cA“ Agency Clerk 1 VIA U.S. MAIL: The Honorable T. Kent Wetherell, II Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Lee Wm. Atkinson, Esq. Forizs & Dogali, P.L. 4301 Anchor Plaza Parkway, Suite 300 Tampa, Florida 33634-7521 Cari Roth, Esq. Suzanne Van Wyk, Esq. Theresa Proctor, Esq. Bryant Miller Olive 101 N. Monroe St., Suite 900 Tallahassee, Florida 32301 David A. Hallman, Esq. Walton County Attorney 161 E. Sloss Ave. DeFuniak Springs, Florida 32433 Thomas G. Pelham, Esq. Karen A. Brodeen, Esq. Fowler, White, Boggs, Banker, P.A. 101 North Monroe Street, Suite 1090 Tallahassee, Florida 32301 VIA HAND DELIVERY: Kelly A. Martinson, Esq. Department of Community A ffairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-000588GM