STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS EED OF ORLANDO, Petitioner, vs. Case No. 03-23606M 7) () TOWN OF PONCE INLET and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. RONALD KRAMER, Petitioner, vs. Case No. 03-2361GM TOWN OF PONCE INLET and 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 Town of Ponce Inlet’s comprehensive plan amendment, adopted by Ordinance No. 2002-35 on April 9, 2003 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department issued a Notice of Intent to find the amendment in compliance with the Act. The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance.” Petitioner EED of Orlando subsequently filed a Notice of Dismissal. Petitioner Ronald Kramer subsequently entered into a settlement with the Town of Ponce Inlet. The Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by the Town of Ponce Inlet Ordinance No. 2002-35 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Colleen 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)(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. 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 RE been furnished to the persons listed below in the manner described, on this ay of 2007 2008. Paula Ford ency Clerk U.S. Mail: Mary D. Hansen Jay Adams P.O. Box 290008 Broad and Cassel Port Orange, FL 32129 215 S. Monroe Street, Ste. 400 Tallahassee, FL 32301 Ted Doran, Esquire . C. Allen Watts Town of Ponce Inlet 150 Magnolia Avenue 4680 S. Peninsula Drive P.O. Box 2491 Ponce Inlet, FL 32127 Daytona Beach, FL 32115-2491 Hand Delivery: The Honorable J. Lawrence Johnston Craig D. Varn Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Blvd. 1230 Apalachee Parkway Tallahassee, FL 32399-2100 Tallahassee, FL 32399-3060 STATE OF FLORIDA , DIVISION OF ADMINISTRATIVE HEARINGS EED OF ORLANDO, Petitioner, vs. THE TOWN OF PONCE INLET and DEPARTMENT OF COMMUNITY AFFAIRS, Respondents. RONALD KRAMER, Petitioner, vs. THE TOWN OF PONCE INLET and DEPARTMENT OF COMMUNITY AFFAIRS, . Respondents. ee OO Case No. 03-2360GM nov 14 2003 DET. Gr Goma’ "Al | _GENERAL COUNSEL'S OFF # Case No. 03-2361GM ORDER CLOSING FILES ( se. This cause having come before the undersigned on Petitioner EED of Orlando, Inc's Notice of Voluntary Dismissal, filed on November 12, 2003, and on the Stipulated Dismissal of Action by Petitioner Kramer, filed on November 12, 2003, and the it is, therefore, undersigned being fully advised, ORDERED that: 1. The final hearing in this cause scheduled for November 13 and 14, 2003, is hereby cancelled. 2. The files of the Division of Administrative Hearings in the above-captioned matter are hereby closed. DONE AND ORDERED this 12th da: y of November, 2003, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Divis The D ion of Administrative Hearings eSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) Fax F www.d Filed Divis this COPIES FURNISHED: Jay Adams, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Post Office Box 11300 Tallahassee, Florida 32302 Theodore R. Doran, Esquire Doran, Wolfe, Rost & Ansay Post Office Box 15110 Daytona Beach, Florida 32115-5110 (ae Craig Varn, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 C. Allen Watts, Esquire Cobb, Cole & Bell 150 Magnolia Avenue Post Office Box 2491 Daytona Beach, Florida 32115-2491 488-9675 SUNCOM 278-9675 iling (850) 921-6847 oah.state.fl.us with the Clerk of the ion of Administrative Hearings 12th day of November, 2003.

Docket for Case No: 03-002361GM