DCA Final Order No. DCA04-GM-228 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS THE CONSERVANCY OF SOUTHWEST FLORIDA, Petitioner, vs. DOAH Case No. 99-2599GM...” CITY OF NAPLES and COLLIER ENTERPRISES, LTD., 9 it Us Respondents, THE SAVE THE MANATEE CLUB, THE RESPONSIBLE GROWTH MANAGEMENT COALITION, THE ENVIRONMENTAL CONFEDERATION OF SOUTHWEST FLORIDA, THE COLLIER COUNTY AUDUBON SOCIETY, and THE CITIZENS TO PRESERVE NAPLES BAY, Petitioners, and FLORIDA AUDUBON SOCIETY, Intervenor, DOAH CASE No. 99-2600GM vs. CITY OF NAPLES and COLLIER ENTERPRISES, LTD. Respondents, and DEPARTMENT OF COMMUNITY AFFAIRS, Intervenor. DCA Final Order No. DCA04~-GM-228 FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing Files in this consolidated proceeding. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND The City of Naples adopted Comprehensive Plan Amendment 99- CPASS3 by Ordinance No. 99-8544 on June 2, 1999. The Amendment was challenged by two separate petitions filed on behalf of numerous environmental organizations. Other parties, including the Department of Community Affairs, subsequently intervened in the proceeding.’ These challenges were consolidated and proceeded to a final hearing on December 6-10, 1999. All parties thereafter filed their Proposed Recommended Orders. On April 5, 2000, after the hearing and post-hearing submissions but prior to entry of a Recommended Order, the City of Naples repealed the Amendment by the adoption of Ordinance No. 00-8798. Respondent Collier Enterprises, Ltd., commenced a circuit court action to protest this repeal. Before both the circuit court and the Division of ' The Amendment was adopted as a “small scale” amendment pursuant to Section 163.3187, Florida Statutes, and, accordingly, the Department did not review or publish a Notice of Intent regarding the Amendment. Page 2 of 6 DCA Final Order No. DCA04-GM-228 Administrative Hearings, the parties took divergent positions as to the effect of this repeal. Some argued that it divested the Division of Administrative Hearings of jurisdiction to take any further action, while others took the opposite position and urged the Administrative Law Judge to retain jurisdiction and enter a Recommended Order. The Administrative Law Judge considered the parties’ arguments and “concluded that the best way to protect the rights and interests of all parties is to abate these cases until such time as the validity of the ordinance repeal is resolved by final judicial action.” Order of Abatement at 3. Based on this conclusion, the Administrative Law Judge entered an Order of Abatement, and suspended any further action in the proceeding “until further order.” Id. This abatement continued until June 7, 2004, when the parties filed a “Joint Status Report and Joint Request that these Proceedings be Dismissed and the Files at the Division of Administrative Hearings Closed.” In this Report, the parties joint_y represented that a settlement had been entered, the conditions thereof had been fulfilled, and “that this proceeding should be dismissed, and that the DOAH files regarding this proceeding should be closed.” Joint Status Report at 3. The Administrative Law Judge then issued his Order Closing Files. Page 3 of 6 DCA Final Order No. DCA04-GM-228 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. L. Late Thaddeus Cohen, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 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 >ILED 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. Page 4 of 6 DCA Final Order No. DCA04-GM-228 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 to the persons listed below in the manner described, on this _Z4tbaay of _ / lose , 2004. — ) Paula Ford Agency Clerk Interagency Mail: The Honorable Lawrence J. Stevenson Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 U.S. Mail: Robert C. Apgar, Esq. Greenberg Traurig 101 East College Avenue Tallahassee, Florida 32301-7742 Frederick R. Hardt, Esq. Kenneth B. Cuyler, Esq. Roet.zel & Andress 850 Park Shore Drive Trianon Centre, Third Floor Naples, Florida 34103 George Varnadoe, Esq. Cheffy, Passidomo, Wilson & Johnson 821 5‘ Avenue South Suite 201 Naples, Florida 34102-6621 David A. Theriaque, Esq. David A. Theriaque, P.A. 837 East Park Avenue Tallahassee, Florida 32301 William E. Williams, Esq. Huey, Guilday & Tucker, P.A. 106 East College Avenue Tallahassee, Florida 32302 Page 5 of 6 DCA Final Order No. DCA04-GM-228 Hand Delivery: Shaw Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 6 of 6

Docket for Case No: 99-002599GM