FINAL ORDER NO. DCA: DCA09-GM-082 STATE OF FLORIDA B DEPARTMENT OF COMMUNITY AFFAIRS —-; a. DEPARTMENT OF COMMUNITY BEA L a AFFAIRS, BAS. a) BRE Vv Ls PBA BG Petitioner, ced DCA Docket No. 08-PEFE1-NOI-6414¢A)-(N- v. DOAH Case No. 08-1610GM CITY OF PORT ORANGE, Respondent. / 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 City of Port Orange’s (City) Comprehensive Plan Amendment 08-PEFE1 adopted by Ordinance Number 2008-2 on January 22, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial plan amendments. The City adopted the remedial plan amendments and, on July 8, 2008, the Department published its Cumulative Notice of Intent to find the Plan Amendment and the remedial plan amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. FINAL ORDER NO. DCA: DCA09-GM-082 The Department subsequently filed with the Division of Administrative Hearings a Notice of Voluntary Dismissal. On July 30, 2008, the Administrative Law Judge issued his 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, 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. DCA: DCA09-GM-082 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 haye bgen furnished to the persons listed below in the manner described, on this VAY day of March, 2009. aula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail The Honorable D.R. Alexander Margaret Roberts, Esquire Administrative Law Judge City of Port Orange Division of Administrative Hearings 1000 City Center Circle The DeSoto Building Port Orange, Florida 32129 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 Hand Delivery Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399

Docket for Case No: 08-001610GM