Final Order No. DCA0Q4-GM-005 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CONSERVANCY OF SOUTHWEST FLORIDA, Petitioner, Vv. CITY OF FT. MYERS and STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, .- DOAH Case No. 03-3089GM J Respondents, - SUI- chose and PARKER DANIELS, INC., and WORTHINGTON HOLDINGS, LLC., Intervenors. / SS 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 City of Fort Myers comprehensive plan amendment, adopted by Ordinance No. 3119 on May 19, 2003, is “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 amendment in compliance with the Final Order No. DCA04-GM-005 Act. Petitioners filed a petition challenging the Department’s Notice of Intent, and alleged that the plan amendment is not “in compliance. Petitioners subsequently filed a Notice of Voluntary Dismissal. 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 City of Fort Myers Ordinance No. 3119 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. fy MN. tf 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 Page 2 of 4 Final Order No. DCA04-GM-005 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 have been furnished ¢ Spe persons listed below in the manner described, on this 208 day of January, 2004. ‘ - . Ar we 1. pA fl ! Ss Ma A Paula Ford Agency Clerk Hand Delivery Shaw P. Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 First Class U.S. Mail Grant W. Alley, Esq. City of Ft. Myers 2200 Second Street Ft. Myers, Florida 33902 Gary A. Davis Director, Environmental Policy The Conservancy of Southwest Florida 1450 Merrihue Avenue Naples, Florida 34102 Page 3 of 4 Final Order No. DCA04-GM-005 Gary P. Sams, Esq. Douglas Roberts, Esq. Hopping, Green & Sams Post Office Box 6526 Tallahassee, Florida 32314 Russell P. Schropp, Esq. Henderson Franklin Starnes & Hold, P.A. 1715 Monroe Street Fort Myers, Florida 33901 Stephen J. Mitch, Esquire Squire, Sanders & Dempsey, LLP 1 Tampa City Center Suite 2100 Tampa, Florida 33602 Kenneth G. Oertel, Esq. Oertel, Hoffman, Fernandez & Cole, P.A. Post Office Box 1110 Tallahassee, Florida 32302-1110 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 4 of 4

Docket for Case No: 03-003089GM