FINAL ORDER NO. DCA09-GM-228 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS a wt DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. MARION COUNTY, Respondent, and SUMNER LAND HOLDINGS, LLC; HIGHWAY 25A, LLC; NJH, LLC; KIRK BOON, TRUSTEE; CHURCH AT THE SPRINGS, INC.; J&W PROPERTIES OF CENTRAL FLORIDA, LLC; OCALA 623 LAND DEVELOPMENT, LLC; CELESTE EUBANKS; KENNETH J. THORTON; A/P, LLC; RICHARD BAZINET; P&W PROPERTIES, LLC; CAROLYN COUNTS; AND MURPHY DEVELOPMENT OF OCALA, 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. FINAL ORDER NO. DCA09-GM-228 BACKGROUND This is a proceeding to determine whether Marion County’s (“County”) Comprehensive Plan Amendments adopted by Ordinance No. 06-37 on December 7, 2006, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, Florida Statutes (“Act”). The County, the Department and the Intervenors, excluding P& W Properties, LLC; Carolyn Counts; and Church at the Springs, LLC, entered into a Stipulated Settlement Agreement which required the County to adopt a remedial amendment (“Remedial Amendment”). P&W Properties, LLC; Carolyn Counts; and Church at the Springs, LLC have previously entered into partial stipulated settlement agreements with the Department and the County to fully resolve the issues related to those Intervenors, and therefore they are not a part of the Stipulated Settlement Agreement. The County adopted the Remedial Amendment and, on April 30, 2009, the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendments and the Remedial Amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On May 27, 2009, the Administrative Law Judge issued his Order Closing File. No Exceptions to the Administrative Law Judge’s Order were filed. FINAL ORDER NO. DCA09-GM-228 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. Shaw P. Stiller 2 General Counsel 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. DCA09-GM-228 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 persons listed below in the manner described, on this. 4sf< gay of June, 2009. Eg Paula Ford ye Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U. S. Mail: Bram D.E. Canter Thomas L. Wright, County Attorney Administrative Law Judge Marion County Division of Administrative Hearings 601 Southeast 25" Avenue The DeSoto Building Ocala, Florida 34471 1230 Apalachee Parkway Tallahassee, FL 32399-1550 W. James Gooding II, Esq. Gilligan, King, Gooding & Gifford, P.A. 1531 SE 36" Avenue Hand Delivery: Ocala, Florida 34471 L. Mary Thomas, Esquire Steven H. Gray, Esq. Department of Community Affairs Gray, Ackerman & Haines, P.A. 2555 Shumard Oak Blvd. 125 NE 1* Avenue, Suite 1 Tallahassee, Florida 32399 Ocala, Florida 34470 Landis V. Curry, Jr. Esq. Ayres, Cluster, Curry, McCall, Collins& Fuller, P.A. 21 NE First Avenue Ocala, Florida 34470

Docket for Case No: 07-000867GM