DCA Final Order No. DCA04-GM-229 “fe STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Fetitioner, v. CITY OF NORTH BAY VILLAGE, DOAH Case No. 04-0384GM Respondent, and J UJ ~ ¢ lis THE SHOPPES OF NORTH BAY VILLAGE, LLC, Intervenor. 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 The City of North Bay Village adopted Comprehensive Plan Amendment 03-1 by Ordinance No. 2003-17 on November 25, 2003. The Department reviewed the Amendment, determined that it was not consistent with State law, and caused to be published a Notice of Intent to find that portion of the Amendment not “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part Ii, Florida DCA Final Order No. DCA04-GM-229 Statutes. The Department then instituted this administrative proceeding against the City. See Fla. Stat. § 163.3184(10). On June 3, 2004, the Department caused to be published an Amended Notice of Intent to find the Amendment “in compliance.” No party filed a Petition for Formal Hearing with the Department or the Division of Administrative Hearings with respect to the Amended Notice. Accordingly, the Department filed a Status Report and Motion to Close File and Relingquish Jurisdiction with the Division of Administrative Hearings. The Administrative Law Judge issued his Order Closing File. 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 Thaddeus Cohen, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 DCA Final Order No. DCA04-GM-229 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 3 of 4 DCA Final Order No. DCA0Q4-GM-227 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 Y \cx “ , 2004. this ote cay of Paula Ford Agency Clerk Interagency Mail: The Honorable J. Lawrence Johnston Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 U.S. Mail: Cynthia Henderson, Esq. Tew & Cardenas, LLP 101 North Monroe Street Suite 725 Tallahassee, FL 32301 Thomas G. Pelham, Esq. Fowler, White, Boggs, Banker P.A. 101 North Monroe Street Suite 1090 Tallahassee, FL 32301 and Jeffrey S. Bercow, Esq. Michael W. Larkin, Esq. Bercow & Radell 200 Scuth Biscayne Bivd. Miami, FL 33181 Hand Delivery: Shaw Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallakassee, Florida 32399-2100 Page 4 of 4

Docket for Case No: 04-000384GM