FINAL ORDER NO. DCA05-GM-078 “Ml STATE OF FLORIDA aT DEPARTMENT OF COMMUNITY AFFAIRS <= DEPARTMENT OF COMMUNITY AFFAIRS, Tt Petitioner, ra VS. Leahy 92 tel $ DOAH Case No. 04-1082GM SY OSCEOLA COUNTY, Respondent, and HARMONY DEVELOPMENT COMPANY, 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 This is a proceeding to determine whether the Osceola County’s (County) Comprehensive Plan Amendment adopted by Ordinance No. 04-03 on January 5, 2004, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part Ul, Florida Statutes (the “Act”). FINAL ORDER NO. DCA05-GM-078 The parties entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the remedial amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department subsequently filed a Motion to Relinquish Jurisdiction. The Administrative Law Judge issued his Order Relinquishing Jurisdiction and Closing File (copy attached hereto). No Exceptions to the Administrative Law Judge's Order were filed. 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. Thaddeus L. Cohen, AJA, 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 FINAL ORDER NO. DCA05-GM-078 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 PRESCRIBEDBY 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., ISNOT 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 Agency Clerk of the Department of Community Affairs, and that true and correct / day of March, 2005. 4 ~Paula Ford Agency Clerk U.S. Mail: The Honorable J. Lawrence Johnston Hand Delivery: Administrative Law Judge Division of Administrative Hearings Leslie Bryson The DeSoto Building Department of Community Affairs ~ 1230 Apalachee Parkway 2555 Shumard Oak Blvd. Tallahassee, FL 32399-1550 Tallahassee, Florida 32399 Kate Stangle Deputy County Attorney 1 Courthouse Square, Suite 4200 Kissimmee, Florida 34741 Paul Chipok Gray Robinson 301 E. Pine Street, Suite 1400 P.O. Box 3068 Orlando, FL 32802 STATE OF FLORIDA | DIVISION OF ADMINISTRATIVE HEARINGS ; DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 04-1082GM OSCEOLA COUNTY, Respondent, and HARMONY DEVELOPMENT COMPANY, LLC, Intervenor. a OO a ee ORDER CLOSING FILE This cause having come before the undersigned on the Motion to Close File and Relinquish Jurisdiction filed March 22, 2005, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the Department of Community Affairs. : DONE AND ORDERED this 24th day of March, 2005, in Tallahassee, Leon County, Florida. (pare J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division o f Administrative Hearings this 24th day of March, 2005. COPIES FURNISHED: Paul H. Chipok, Esquire Gray, Harris, Robinson, P.A. 301 East Pine Street, Suite 1400 Orlando, Florida 32801 Kate Stangle, Esquire Administration Building 1 Courthouse Square, Suite 4200 Kissimmee, Florida 34741 Leslie EB. Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 04-001082GM