Xs Oo +» “Ae “eo Final Order No. DCA04-—GM-03 22 en coon 4) STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS RICHARD VETTER, Trustee, Petitioner, Vv. ; DOAH Case No. CHARLOTTE COUNTY and STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. / 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 Charlotte County “Airport Commerce Park Overlay” comprehensive plan amendments adopted on October..8, 2002, are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The Department issued a Notice of Intent to find the amendments in compliance with the Act. Petitioner filed a petition challenging the Department’s Notice of Intent, and alleged that the plan amendments are not in compliance. Petitioner subsequently filed a Notice of Voluntary Dismissal. Final Order No. DCA04-GM-038 The Administrative Law Judge issuéd an Order Closing File. ORDER | | WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Charlotte County. Airport Commerce Park Overlay comprehensive plan amendments adopted on October 8, 2002, are determined to be “in compliance.” — DONE AND ORDERED in Tallahassee, Florida. ‘Colleen M. Castille, 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 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. Page 2 of 3 Final Order No. DCA04-GM-038 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and correct copies have been furnished to the persons listed below in the manner described, on this¢ i= day of February, 2004. / ? | tics CAN L . +f yy, _ ‘Paula Ford Agency Clerk First Class U.S. Mail Renee Francis Lee, County Attorney Linda Carol, Esq. Charlotte County Attorney’s Office 18500 Murdock Circle Fifth Floor Port Charlotte, Florida 33948-1068 Kenneth G. Oertel, Esq. Jeffrey Brown, Esq. Oertel, Hoffman, Fernandez & Cole, P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 David Smolker, Esquire Bricklemyer, Smolker & Bolves, P.A. 500 East Kennedy Boulevard Suite 200 Tampa, Florida 33602 Hand Delivery Shaw P. Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 By Interagency Mail The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Page 3 of 3

Docket for Case No: 03-000009GM