FINAL ORDER NO. DCA 09-GM-065 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS a a co Qe S, “@ DEPARTMENT OF COMMUNITY Be, oa) ‘ A AFFAIRS, REG Oo © BAS, oO Petitioner, BPO v GEA @ v. Zh CITY OF CAPE CORAL, DOAH Case No. 06-0688GM Respondent, and PARADISE PRESERVE, LLC, Intervenor. 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 City of Cape Coral Comprehensive Plan Amendment 05-2, adopted by Ordinance 100-05 on December 12, 2005, and remediated by amendment 08-R1, adopted by Ordinance 127-08, on November 24, 2008, is “in compliance” with the Local Government Comprehensive Planning and FINAL ORDER NO. DCA 09-GM-065 Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The City of Cape Coral and the Department entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. Intervenor Paradise Preserve, LLC, did not enter into the settlement agreement, file a petition challenging the remedial amendment, or respond to an order entered by the Administrative Law Judge to show cause why this case should not be closed. 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 this day in Tallahassee, Florida. Shaw P. Stil , General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 09-GM-065 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. DCA 09-GM-065 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 by U.S. Mail to each of the persons listed below on this | Ah aay of Wineh- , 2009. Com Paula Ford Agency Clerk By U.S. Mail The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mark Edward Lupe, Esquire City of Cape Coral Post Office Box 150027 Cape Coral, Florida 33915 James Helfer Paradise Preserve, LLC 3911 Orange Grove Boulevard North Fort Myers, Florida 33903 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs

Docket for Case No: 06-000688GM