STATE OF FLORIDA ADMINISTRATION COMMISSION

CHARLES F. MOEHLE,

Petitioner,

vs. CASE NO. ACC-98-001

DOAH Case No. 96-5832GM

CITY OF COCOA BEACH and DEPARTMENT OF COMMUNITY AFFAIRS,

Respondents,

and RIVER POINTE PARTNERS, LTD.,

Intervenor.

/

FINAL ORDER OF DISMISSAL

The Administration Commission hereby dismisses the above cited proceeding pursuant to the Department of Community Affairs' Motion to Dismiss filed on April 20, 2000, based upon the following:

1. On January 29, 1998, the Administration Commission received a Determination of Noncompliance of Plan Amendment Related to "Parcel 2," Ordinance No. 1100 of the City of Cocoa Beach, Florida, and Recommendation to Administration Commission issued by the Department of Community Affairs in the above cited proceeding. The Determination adopted the recommendation of Administrative Law Judge Meale as to "Parcel 2," and recommended entry of an order deeming the portion of the Amendment not "in compliance."

   
   

2. On April 6, 1998, the Department of Community Affairs requested abatement of the proceeding as the City of Cocoa Beach was undertaking the necessary actions to rescind the subject Amendment. The City of Cocoa Beach did not object to the abatement.

   
   

3. The Department of Community Affairs filed a Motion for Official Recognition on April 2O, 2000, notifying the Administration Commission of the adoption of Ordinance Nos. 1193 and 1192 by the City of Cocoa Beach. Ordinance No. 1193 rescinded Ordinance No. 1100 to the extent it had changed the future land use designation of "Parcel 2." The City

   contemporaneously adopted Ordinance No. 1192, which rescinded the rezoning attendant for the disputed future land use map amendment for "Parcel 2." Additionally, the Department of Community Affairs filed a Motion to Dismiss the proceeding alleging that the City of Cocoa Beach's adoption of Ordinance Nos. 1193 and 1192 renders the Department's Determination moot.

   
   

4. On May 26, 2000, the Administration Commission issued an Order Requesting Response requesting the remaining party in the proceeding, River Pointe Partners, Ltd., to file a response to the Department of Community Affairs' Motion for Official Recognition and Motion to Dismiss. No response has been received as of this date.

Based upon the foregoing, it is hereby ORDERED AND ADJUDGED that the above proceeding is dismissed.

Any party to this order has the right to seek judicial review of the order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.11O. Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Planning and Budgeting, Executive Of rice of the Governor, The Capitol, Room 2105, Tallahassee, Florida 32399-0001; and by filing a copy of the Notice of Appeal, accompanied with the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within

30 days of the day this order is filed with the Clerk of the Commission.

DONE AND ORDERED this 20th day of June, 2000, in Tallahassee, Florida.

Teresa B. Tinker

for DONNA ARDUIN, Secretary Administration Commission

FILED with the Clerk of the Administration Commission this 20th day of June, 2000.

Michael S. Atchy

Clerk, Administration Commission

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the forgoing was delivered to the following persons by United States Mail or hand delivery this 20th day of June, 2000.

Honorable Jeb Bush Governor

The Capitol

Tallahassee, Florida 32399

Honorable Robert Milligan Comptroller

The Capitol

Tallahassee, Florida 32399

Honorable Bob Butterworth Attorney General

The Capitol

Tallahassee, Florida 32399

Honorable Bob Crawford . Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399

Steven M. Seibert, Secretary

Shaw P. Stiller, Assistant General Counsel Department of Community Affairs

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Honorable Katherine Harris Secretary of State

The Capitol

Tallahassee, Florida 32399

Honorable Bill Nelson Insurance Commissioner The Capitol

Tallahassee, Florida 32399

Honorable Tom Gallagher Commissioner of Education The Capitol

Tallahassee, Florida 32399

Daniel Woodring, Esquire Jose Luis Rodriguez, Esquire Governor's Legal Office

The Capitol, Room 209 Tallahassee, Florida 32399

Charles F. Moehle

65 County Club Road

Cocoa Beach, Florida 32931

Robert E. Meale Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

William E. Weller, Esquire Post Office Box 321255

Cocoa Beach, Florida 32932-1255

Bram D. E. Canter, Esquire

103 N. Meridian Street Tallahassee, Florida 32301

Teresa B. Tinker

for DONNA ARDUIN, Secretary Administration Commission

Docket for Case No: 96-005832GM

Orders for Case No: 96-005832GM