DCA Final Order No. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS SIERRA CLUB, INC.; CLARKE Q an > ej KELLER; and GAIL GILES, Ee S Bes 8 tas =O Petitioners, BS ~ v Seo = . tA S = CHARLOTTE COUNTY and STATE oO OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Respondents, DOAH Case No. 06-2238GM and KITSON & PARTNERS, LLC.; MSKP, III, INC.; FLORIDA AUDUBON SOCIETY d/b/a AUDUBON OF FLORIDA; THR EVERGLADES FOUNDATION, INC.; FLORIDA WILDLIFE FEDERATION, INC.; and 1000 FRIENDS OF FLORIDA, INC., Intervenors. / 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 Charlotte County comprehensive plan amendment adopted by Ordinance No. 2006-30 on April 4, 2006, is “in compliance” with the Local DCA06-GM-177 DCA Final Order No. DCA06-GM-177 Government Comprehensive Planning and Land Development Requlation Act, Chapter 163, Part II, Florida Statutes (Act)... The Department issued a Notice of Intent to find the amendment in compliance with the Act. Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance.” Petitioners subsequently filed a Notice of Voluntary Dismissal. 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 Charlotte County Ordinance No. 2006-30 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Wille aL CONE _ DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 5 DCA Final Order No. DCAQ6-GM-177 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) ®) AND 9.110. TO INITIATE AN APPEAI, 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. THR 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. Page 3 of 5 DCA Final Order No. DCA04-GM-227 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 persans listed below in the manner described, on this =/ day of a cao , 2006. dan Groen, Jn Agency Clerk INTERAGENCY MAIL: The Honorable Donald Alexander Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 U.S. MAIL: Martha M. Collins, Esq. Jane West, Esq. Martha M. Collins, P.A. 500 Bast Kennedy Blvd. Suite 100 Tampa, Florida 33602-4990 Counsel for Petitioners Janette Knowlton, Esq. Richard A. Browne, Esq. Charlotte County Attorneys’ Office 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Counsel for Respondent County Cari L. Roth, Esq. Suzanne Van Wyk, Esq. Bryant Miller Olive 101 North Monroe Street Suite 900 Tallahassee, Florida 32301-1546 Counsel for Respondent County Page 4 of 5 DCA Final Order No. DCA04-GM-227 Ernie Cox, Esq. Brian M. Seymour, Esq. Gunster, Yoakley & Stewart, P.A. 777 South Flagler Drive Suite 500 East West Palm Beach, Florida 33401-6121 Counsel for Kitson Intervenors E. Thom Rumberger, Esq. Rumberger, Kirk & Caldwell, P.A. 215 South Monroe Street, Suite 130 Post Office Box, 10507 Tallahassee, Florida 32302-2507 Counsel for Environmental Intervenors HAND DELIVERY: Shaw Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Counsel for Respondent Department Page 5 of 5 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS STERRA CLUB,..INC.,..CLARKE KELLER, and GAIL GILES, Petitioners, vs. Case No. 06-2238GM DEPARTMENT OF COMMUNITY AFFAIRS and CHARLOTTE COUNTY, Respondents, and KITSON & PARTNERS, LLC; MSKP, III, INC., FLORIDA AUDUBON SOCIETY; THE EVERGLADES FOUNDATION, INC.; FLORIDA WILDLIFE FEDERATION, INC.; and 1000 FRIENDS OF FLORIDA, INC., Intervenors. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER CLOSING FILE This cause having come before the undersigned on Petitioners' Notice of Voluntary Dismissal, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for July 24 through 28, 2006, is hereby canceled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. EXHIBIT DONE AND ORDERED this 20th day of July, 2006, in Tallahassee, Leon County, Florida. <\ eae © Cergoniv— DONALD R. ALEXANDER 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 Filed with the Clerk of the Division of Administrative Hearings this 20th day of July, 2006. COPIES FURNISHED: Shaw P. Stiller, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Martha M. Collins, Esquire Martha M. Collins, P.A. 500 East Kennedy Boulevard, Suite 100 Tampa, Florida 33602-4990 Cari L. Roth, Esquire Bryant Miller & Olive P.A. 101 North Monroe Street, Suite 900 Tallahassee, Florida 32301-1546 E. Thom Rumberger, Esquire Rumberger, Kirk & Caldwell, P.A. 108 South Monroe Street, Suite 100 Post Office Box 10507 Tallahassee, Florida 32302-2507 Richard A. Browne, Esquire Charlotte County Attorneys' Office 18500 Murdock Circle Port Charlotte, Florida 33948-1094 Brian M. Seymour, Esquire Gunster, Yoakley & Stewart, P.A. 777 South Flagler Drive, Suite 500E West. Palm Beach, Florida...33401-6121 Christopher Paul Benvenuto, Esquire Gunster, Yoakley & Stewart, P.A. 777 South Flagler Drive, Suite 500 East Tower West Palm Beach, Florida 33401

Docket for Case No: 06-002238GM