FINAL ORDER NO. DCA05-GM-018 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS cm “ ROBBIE BUTTS AND ROGER BUTTS, “, . . Petitioners, co v. DOAH Case No. 04-24736M t, DEPARTMENT OF COMMUNITY AFFAIRS ( AS- CUW> Respondent, and CITY OF RIVIERA BEACH, Intervenor,. D.G. DIMEO & GE. ROWSE, Petitioners, Vv. DOAH Case No. 04-2474GM DEPARTMENT OF COMMUNITY AFFAIRS Respondent, and, CITY OF RIVIERA BEACH, Intervenor. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered two Orders Closing File in this proceeding. A copy of the Order closing the Robbie Butts and Roger FINAL ORDER NO. DCA05-GM-018 Sy Butts file is attached to this Final Order as Exhibit A. A copy of the Order closing the D.G. DiMeo and G.E. Rowse file is attached to this Final Order as Exhibit B. BACKGROUND This is a proceeding to determine whether the City of Riviera Beach comprehensive plan amendment, adopted by Ordinance Nos. 2953 and 2965 on April 21, 2004, 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 separate petitions, challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance.” The petitions were consolidated. Petitioners Robbie Butts and Roger Butts subsequently filed a withdrawal of their administrative complaint on November 1, 2004. Petitioners D.G. DiMeo and G.E. Rowse filed their Notice of Voluntary Dismissal with Prejudice on January 15, 2005. The Administrative Law Judge issued two Orders Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by the City of Riviera Beach Ordinance Nos. 2953 and 2965 is determined to be “in compliance.” FINAL ORDER NO. DCA05-GM-018 DONE AND ORDERED in Tallahassee, Florida. “A L Co Thaddeus 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 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. FINAL ORDER NO. DCA05-GM-018 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 i ay been furnished to the . persons listed below in the manner described, on this / 3= day of VIA U.S. MAIL: D.G. DiMeo & G.E. Rowse 1030 Powell Drive Riviera Beach, Florida 33404 Robbie & Roger Butts 1140 Singer Drive Riviera Beach, Florida 33404 Maribel Nicholson-Choice, Esq. Bridget Kellogg, Esq. Greenberg Traurig, P.A. 101 E. College Ave. Post Office Drawer 1338 Tallahassee, Florida 32302 Alfred J. Malefatto, Esq. Greenberg Traurig, P.A. 777 South Flagler Drive, Ste. 300 East West Palm Beach, Florida 33401 hvwe ey 2005. Agency Clerk Pamela H. Ryan, Esq. City Attorney City of Riviera Beach 600 West Blue Heron Boulevard Riviera Beach, Florida 33404 The Honorable Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 VIA HAND DELIVERY: Kelly A. Martinson, Esq. Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 04-002473GM