FINAL ORDER NO. DCA08-GM-040 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY e 8B AFFAIRS, xmmee oa Mee Ea my 4 Petitioner, Sais oo ans On5 Dp v. = —_ a DOAH Case No. 07-235 [GM CITY OF DEFUNIAK SPRINGS, — Respondent, and PEC DEVELOPMENT GROUP and YAHOOTIE 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 City of DeFuniak Springs (“City”) Comprehensive Plan Amendment 07-1, adopted in part by Ordinance Nos. 735 and 742 on March 26, 2007, is “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 City to in remedial amendments. The City adopted the remedial amendments and the adopt certait FINAL ORDER NO. DCA08-GM-040 Department of Community Affairs (“Department”) subsequently published a Cumulative Notice of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. The Department then 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. Shaw P. Stiller, Ue 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 BOULEYV. , 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 2 FINAL ORDER NO. DCA08-GM-040 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 Agency Clerk of the Department of Community Affairs, and that true and correct e been furnished to the persons listed below in the manner described, on this GtAay ~ _, 2008. Ep? ae ‘Agency Clerk U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division df Administrative Hearings Department of Community Affairs The Desol Building 2555 Shumard Oak Boulevard 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 Clayton J. M. Adkinson, Esq. City Attorney City of DeFuniak Springs P.O. Box DeFuniak Scott Shir Ard, Shirl P.O. Box 1207 Springs, Florida 32435-1207 ley, Esq. ry & Rudolph, P.A. 874 Tallahassee, Florida 32302-1874 Gary A. Vorbeck, Esq. Theriaque 10065 W. Vorbeck & Spain Emerald Coast Pkwy, Ste. B-101 Destin, Florida 32550

Docket for Case No: 07-002351GM