63/38/2889 11:14 Mar 30 2009 11:25 EGAL a509222679 Dea L FINAL ORDER NO. DCA 09-GM-078 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY sas O)- LB lan. Petitioner, vy. DCA Docket No.,: 07-1ER-NOL48] 3-(A)-(N) CITY OF WINTER PARK, FLORIDA, DOAH Case No.: 07-5681GM Respondent, and PROGRESS POINT, LLC, and ST. MICHAELS, LTD, Intervenors. FINAL ORDER An Administrative Law Judge (ALI) of the Division of Administrative Hearings has entered an Order Closing File m 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 City of Winter Park (City) comprehensive plan amendment 07-1ER, adopted by Ordinance Number 2720-07 on August 27, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). PAGE 81/06 _ Mar 30 2009 11:26 LEGAL PAGE 82/86 DCA aa/se/28e89 11:14 B589222679 FINAL ORDER NO. DCA 09-GM-078 The Department issued a Notice of Intent to find the plan amendment not in compliance with the Act and forwarded its Petition for a Formal Administrative Hearing to the Division of Administrative Hearings (Division). On May 12, 2008, the City adopted Ordinance Number 2741-08, which rescinded Ordinance Number 2720-07 and the plan amendments adopted therein, Because the City rescinded the ordinance that adopted the plan amendments at issue, the Department filed a Notice of Voluntary Dismissal in this Proceeding. Subsequently, the Administrative Law Judge issued an Order Closing File, 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, oe Counsel Mar 30 2009 11:26 DCA LEGAL PAGE 83/86 aa/se/28e89 11:14 B589222679 FINAL ORDER NO, DCA 09-GM-078 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. Mar 30 2009 11:26 DCA LEGAL PAGE @4/@6 aa/se/28e89 11:14 B589222679 FINAL ORDER NO, DCA 09-GM-078 CERTIFICATE OF FILING AND SERVICE EE AEING AND SERVICE IHEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and conect copies have been furnished to the Persons listed below in the manner described, on this ‘BM aay of March, 2009, Agency Clerk U.S. Mail James Edward Cheek, IIT City Attomey Winderweedle, Haines, Ward & Woodman, P.A. Post Office Box 880 Winter Park, Florida 32790-0880 M. Rebecca Furman, Esquire Lowndes Drosdick Doster Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 Jed Berman, Esquire Infantino and Berman Post Drawer 30 Winter Park, Florida 32790 Hand Delivery Leslie E, Bryson, Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Mar 20 2009 11:26 DCA LEGAL PAGE 85/86 aa/se/28e89 11:14 B589222679 STATE oF FLORIDA DIVISION oF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNTTY } AFFAIRS, ) Petitioner, vs, Case No. 07-56816M CITY or WINTER PARK, Respondent, and PROGRESS POINT, LEC, and ST, MICHAEL, LTD., Intervenorg . ORDER By Order dated May 21, 2008, thie file was closed and the final hearing canceled after Petitioner filed a Notice of Voluntary Dismisgal. Petitioner's filing represented that the challenged plan amendmenta, which formed the basis for Petitioner initiating this case, had been tescinded by the City of Winter Park. On May 20, 2008, Intervenor st, Michael, Ltd. filed an Objection to Dismissal of Petition by Department of Community Affaire (Objection). Although unnecesBary, this Order Because Ordinance No. 2720-07 has been repealed, the issues raised hy Petitioner in ite Petition for Formal Administrative Hearing (Petition) are moot. Therefore, a hearing is no longer necessary. Likewige, Intervenor was given party status subject to the rights of the original parties. When Petitioner voluntarily dismissed its Petition, no valid proceeding existed in which Intervenor could Participate. See, &.g., Humana of i Inc. v. Department of Health and Rehabilitative serine al., 500 So. 2d. 186, 188 (Fla. ist DCA 1986). The Order closing the file is reaffirmed, EXHIBIT Mar 20 2009 11:26 DCA LEGAL PAGE 86/86 aa/se/28e89 11:14 B589222679 DONE AND ORDERED this 27th day of May, 2008, in Tallahassee, Leon County, Florida. DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-5675 Fax Filing (850) 921-6847 www. doah.state.£l ug Filed with the Clerk of the Division of Administrative Hearings thie 27th day of May, 2008, COPIES FURNISHED : Leslie &, Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2160 James Edward Cheek, IIIZ, Esquire Winderweedle, Haines, Ward ¢ Woodman, P.A. Post Office Box 880 Winter Park, Florida 32790-0880 M. Rebecca Furman, Esquire Lowndes, Drosdick, Doster Kantor & Reed, P.a, Post Office Box 2809 Orlando, Florida 32802-2809 Jed Berman, Esquire Infantino and Berman Post Office Box 49 Winter Park, Florida 32790-0030 bo

Docket for Case No: 07-005681GM