FINAL ORDER NO. DCA07-GM-106 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS WILLIAM M. FLEMING, J.C. DARNELL, and A PARTNERSHIP WHOSE PARTNERS ARE JAMES NABORS, CONNIE GILBERT, AND SHARILYN DARNELL, Petitioners, DOAH Case No. 06-4889GM v. OKALOOSA COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. a / 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 Okaloosa County (“County”) Comprehensive Plan Amendment 06-1, adopted by Ordinance Nos. 06-73 and 06-74 on September 5, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments, The County adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Notice of Intent to FINAL ORDER NO. DCA07-GM-106 find the remedial plan amendments “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an Order Closing File. 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. DONE AND ORDERED in Tallahassee, Florida. ~ Sennen Shaw P. Stiller, Ye Counsel DEPARTMENT OF COMMUNITY AFFAIRS 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. DCA07-GM-106 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 cop#€3 have been furnished to the persons listed below in the manner described, on this ey of , 2007. Agency Clerk U. S. Mail: Hand Delivery: The Honorable Bram D. E. Canter Kelly A. Martinson, Esquire Administrative Law Judge Department of Community Affairs Division of Administrative Hearings “~~~ ~~~" 2555 Shumard Oak Boulevard The DeSoto Building Tallahassee, Florida 32399-2100 1230 Apalachee Parkway Tallahassee, FL 32399-3060 John R. Dowd, Esq. Okaloosa County Attorney P.O. Box 404 Shalimar, Florida 32579-0404 and Gregory T. Stewart, Esq. Nabors, Giblin & Nickerson, P.A. 1500 Mahan Drive, Suite 200 Tallahassee, Florida 32308 Silvia Morell Alderman, Esq. Nancy M. Wallace, Esq. Akerman Senterfitt 106 E. College Avenue, Suite 1200 Tallahassee, Florida 32301

Docket for Case No: 06-004889GM