FINAL ORDER NO. STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EDGAR A. BROWN, ET AL., DCA 09-GM-122 S 3 . 2 Ty 3 = oy = ie) i Petitioners, ra pa) aa TO = CDE poy rs vs. DOAH Case Nos? =!"06-2834GM~" = 06-2845GM ST. LUCIE COUNTY, and DEPARTMENT a OF COMMUNITY AFFAIRS Respondent, and QUAIL MEADOWS, LLC and INDRIO ROAD DEVELOPMENT, LLC, 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 St. Lucie County (County) Comprehensive Plan Amendment 06-01, adopted by Ordinance No. 06-019, on May 16, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part Il, Florida Statutes (the “Act”). FINAL ORDER NO. DCA 09-GM-122 On August 7, 2006, the Department filed a Petition for Formal Administrative Hearing challenging County Ordinance No. 06-019. On August 9, 2007, Petitioners Edgar A. Brown, et al., filed an Amended Petition for Formal Administrative Hearing. On August 13, 2007, the Administrative Law Judge issued an Order Re-Aligning Parties in accordance with Section 163.3184(16)(f)1., Florida Statutes (2006). On November 9, 2007, the Administrative Law Judge issued an Order of Consolidation to consolidate Case No. 07-5061GM with Case Nos. 06-2834GM and 06-2845GM. On February 1, 2008, the Administrative Law Judge issued a Corrected Order on Pending Motions (Striking Some APA Emerson Issues, Severing Cases Nos. 06-2834GM and 06-2845GM From Case No. 07-5061GM, Placing Case Nos. 06-2834GM and 06-2845GM In Abeyance, Continuing the Final Hearing in Case No. 07-5061GM to February 19, 2008, and Scheduling Telephonic Prehearing Conference for February 8, 2008). Petitioners Edgar A. Brown, et al., Department and the County entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department 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. The County subsequently filed a Status Report requesting the Division to close its file. The Administrative Law Judge issued his Order Closing File (copy attached hereto). No Exceptions to the Administrative Law Judge’s Order were filed. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. 2 FINAL ORDER NO. DCA 09-GM-122 DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller General Counsel 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. 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 correc copies have been furnished to the persons listed below in the manner described, on this “oye day of April 2009. Pa ord Agency Clerk U.S. Mail: The Honorable J. Lawrence Johnston Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 H. Michael Madsen, Esquire Vickers, Madsen & Goldman, LLP 1705 Metropolitan Boulevard, Suite 101 Tallahassee, Florida 32308-3765 Daniel S. McIntyre, Esquire St. Lucie County Third Floor Administrative Annex 2300 Virginia Avenue Fort Pierce, Florida 34952-5632 Johnathan A. Ferguson, Esquire Ruden, McClosky, Smith, Schuster & Russell, P.A. 145 Northwest Central Park Plaza, Suite 200 Port St. Lucie, Florida 34986-2482 FINAL ORDER NO. DCA 09-GM-122 Karen A. Brodeen, Esquire Fowler White Boggs Banker, P.A. 101. North Monroe Street, Suite 1090 Post Office Box 11240 Tallahassee, Florida 32302-1240 "Andrew J. Baumann, Esquire Lewis, Longman and Walker, P.A. 1700 Palm Beach Lakes Boulevard, Suite 1000 West Palm Beach, Florida 33401-2006 Michelle L. Sides, Esquire 1910 Northwest 9th Street Delray Beach, Florida 33445-2532 David L. Jordan, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301-7742

Docket for Case No: 06-002845GM