FINAL ORDER NO. DCA05-GM-206 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, DEPARTMENT OF TRANSPORTATION, and TAMPA PORT AUTHORITY Petitioners, vs. DOAH Case Nos. 04-2193GM 04-2258GM CITY OF TAMPA, 04-2274GM Respondent, and LINDA S. WAKEMAN, BRUCE R. WOODRUFF, DONALD P. WOODRUFF, ROY J. WOODRUFF, and BRUCE R. WOODRUFF, d/b/a L.B. and D. PROPERTIES, Intervenors. 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 Tampa (“City”) Comprehensive Plan Amendment 04-1, adopted by Ordinance No, 2004-96, on April 8, 2004 is “in compliance” with the Local Government Comprehensive Plarming and Land Development Regulation Act, Ch. 163, Part I, Florida Statutes (the “Act”), 98/Ta Said TASNNOD WASNAS odd 649¢¢cb8S8 ET+4T Shae /PT/TT 20:07 S00 FT AON FINAL ORDER NO. DCA05-GM-206 The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department of Community Affairs (“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 Close File and Relinquish Jurisdiction. The Administrative Law Judge issued his Order Closing File. No Exceptions to the Admunistrative 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. Aites L, Cotte, Thaddeus L. Cohen, AIA, 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 SEBK 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. 4 98/éa Fovd TASNNOD WASNAS odd 649¢¢cb8S8 ET+4T Shae /PT/TT BO:0T S00¢ FT “0 FINAL ORDER NO. DCA05-GM-206 YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL {S 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 THEREBY CERTIFY that the origmal of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and “pi copies have been furnished to the persons listed below in the manner described, on this Be of November, 2005. Agency Clerk U.S. Mail: Robert C. Downie, Il, Esquire Department of Transportation Haydon Burns Bldg., M.S. 58 605 Suwannee Street Tallahassee, FL 32399-0458 Charles E, Klug, Jr., Esquire Tampa Port Authority 1101 Channelside Drive Tampa, FL 33602-3611 David M. Caldevilla, Esquire de la Parte & Gilbert, PA. 101 East Kennedy Blvd., Suite 3400 P.O. Box 2350 Tampa, FL 33601 Jo“ Paula Lingo David L. Smith. City Attomey Julia M. Cole, Assistant City Attorney City Hall, Sth Floor 315 E. Kennedy Blvd, Tampa, FL 33602 Thomas G. Pelham, Esquire Fowler, White, Boggs & Banker, PLA. 101 North Monroe St., Suite 1090 Post Office Box 11240 Tallahassee, FL 32301 Hand Delivery: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 3 TASNNOD WASNAS odd BO:0T S00¢ FT “0 649¢¢cb8S8 ET+4T Shae /PT/TT 9B/EB Said STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, DEPARTMENT OF TRANSPORTATION, and TAMPA PORT AUTHORITY, a Petitioners, vs. Case Nos. 04-2193GM 04-2258GM CITY OF TAMPA, 04-2274G6M Respondent, and LINDA S. WAKEMAN, BRUCE R. WOODRUFF, DONALD P. WOODRUFF, ROY J. WOODRUFF, and BRUCE R. WOODRUFF, d/b/a L.B. and D. PROPERTIES, Intervenors. Me Se SS ORDER CLOSING FILE This cause having come before the undersigned on the Motion to Close File and Relinquish Jurisdiction filed October 28, 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, 9a/Pa Sod TASNNOD WASNAS odd 649¢¢cb8S8 ET+4T Shae /PT/TT BO:0T S00¢ FT “0 DONE AND ORDERED this 28th day of October, 2005, in Tallahassé¢e, Leon County, Florida. (five 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 of Administrative Hearings this 28th day of October, 2005. COPIES FURNISHED: Thomas G. Pelham, Esquire Fowler, White, Boggs, Banker, P.A. Post Office Box 11240 Tallahassee, Florida 32302-1240 Dale Bohner, Esquire Tampa Port Authority 1101 Channelside Drive Tampa, Florida 33602 Robert C. Downie, II, Esquire Department of Transportation Haydon Burns Building, Mail Station 58 6085 Suwannee Street Tallahassee, Florida 32399-0458 Jerry M. Gewirtz, Esquire Chief Assistant City Attorney 5th Floor, City Hail 315 East Kennedy Boulevard Tampa, Florida 33602 Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard — Tallahassee, Florida 32399-2100 98/SA Said TASNNOD WASNAS odd B0:0T S00 fT “oN 649¢¢cb8S8 ET+aT Saud /PT/TT David M, Caldevilla, Esquire de la Parte & Gilbert, P.A. 101 Hast Kennedy Boulevard, Suite 3400 Post Office Box 2350 Tampa, Florida 33601-2350 Richard 8S. Davis, Esquire Foley & Lardner Suite 901, West Tower 777 Seuth Flagler Brive West Palm Beach, Florida 33401-6165 98/98 Sod TASNNOD WASNAS odd 649¢¢cb8S8 ET+4T Shae /PT/TT BO:0T S00¢ FT “0

Docket for Case No: 04-002274GM