FINAL ORDER No. DCA08-GM-149. STATE OF FLORIDA 20 DEPARTMENT OF COMMUNITY AFFAIRS “3 JU). 34 i Fy | 2 me DEPARTMENT OF COMMUNITY ADK VISION ox AFFAIRS, rash AT) Ve Petitioner, vs. DOAH CASE No. 08-1624GM HARDEE COUNTY, Respondent. FINAL ORDER This cause is before the Department of Community Affairs on an Order Closing File, a copy of which is appended hereto as Exhibit A. On December 13, 2007, Respondent Hardee County adopted an amendment to its comprehensive plan by Ordinance No. 2007-13 (Amendment) . The Department reviewed the Amendment, determined that it did not meet the criteria for compliance set forth in Section 163.3184(1) (b), Florida Statutes, and caused to be published a Notice of Intent to find the Amendment not “in compliance.” The Department then instituted this administrative proceeding against the County pursuant to Section 163.3184(10), Florida Statutes. On May 15, 2008, the County adopted Ordinance No. 2008-18 repealing Ordinance No. 2007-13. By virtue of this action, the FINAL ORDER No. DCA08-GM-149 instant controversy has been rendered moot and this proceeding must be dismissed. See Department of Highway Safety & Motor Vehicles v. Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver's license was rescinded by the Department) . 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 this day in Tallahassee, Florida. Shaw P. iller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 2 of 4 FINAL ORDER No. DCA08-GM-149 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)®) 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 THR 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. 3 of 4 FINAL ORDER No. DCA08-GM-149 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 py U.S. {1 to each of the persons listed below on 4 this , “~day of » 2008. Paula Ford Agency Clerk By U.S. Mail The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth B. Evers, Esquire Kenneth B. Evers, P.A. 424 West Main Street Post Office Drawer 1308 Wauchula, Florida 33873-1308 By Hand Delivery Lynette Norr Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 08-1624GM HARDEE COUNTY, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Petitioner's Request to Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, ORDERED that: 1. Petitioner's Request to Relinquish Jurisdiction is granted. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the Department. DONE AND ORDERED this 2nd day of June, 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 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 2nd day of June, 2008. COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Kenneth B. Evers, Esquire Kenneth B. Evers, P.A. 424 West Main Street Post Office Drawer 1308 Wauchula, Florida 33873-1308

Docket for Case No: 08-001624GM