Final Order No. DCA04-GM-191 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SAMPSON CIVIC ASSOCIATION, INC. and ELAINE K. ANSBACHER, Petitioners, Vv. DEPARTMENT OF COMMUNITY AFFAIRS and ST. JOHNS COUNTY, DOAH Case No. 04-2812GM Respondents, D R p and RT TIMBER, INC., Intervenor. / FINAL ORDER THIS CAUSE is before the Department of Community Affairs on an Order Closing File dated September 17, 2004. A copy of the Order Closing File is appended hereto as Exhibit A. Background On April 27, 2004, St. Johns County adopted several amendments to its Comprehensive Plan. The Department reviewed the amendments, determined that they were consistent with State growth management law, and caused to be published a Notice of Intent to find them “in compliance.” On July 28, 2004, Petitioners timely filed with the Department a “Petition for Formal Administrative Hearing,” and therein alleged that one of the amendments adopted by the County Final Order No. DCA04-GM-191 and subject to the Department’ s Notice was not “in compliance.” This petition was forwarded to the Division of Administrative Hearings and assigned to administrative Law Judge Donald R.- alexander for all further proceedings. RT Timber, Inc. filed for and was granted leave to intervene in this proceeding in support of the Department’ 5 initial compliance determination regarding the amendment. On September 14, 2004, Petitioners filed “petitioners’ Notice of Withdrawal of petition and Dismissal of proceedings.” The Administrative Law Judge thereafter entered an Order Closing File, and relinquished jurisdiction to the Department. 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 i Heidi Hughes, General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Final Order No. DCA0Q4-GM-191 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 FER 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. CERTIFICATE OF Final Order No. DCAOQ4-GM-191 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 peen furnished to the persons listed below in the manner described, 2004. on this 4p ¥¢. day of Septexber, CCF: (Woe Sipe Paula Ford Agency Clerk ‘ \ j First Class Mail: Terrell K. Arline, Esq. 205 Brentwood Way Tallahassee, FL 32309 Counsel for Petitioners Isabelle C. Lopez, Esq. st. Johns County Attorney’ s office 4020 Lewis Speedway st. Augustine, Florida 32085 Counsel for Respondent County Marcia P.- Tjoflat, Esq. John G. Metcalf, ESq- Pappas Metcalf Jenks & Miller, P.A. 245 Riverside Avenue Suite 400 Jacksonville, Florida 32202 Counsel for Intervenor Hand Delivery: Shaw P. Stiller, Esq. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-2100 Counsel for Respondent Department Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SAMPSON CIVIC ASSOCIATION, INC., and ELAINE kK. ANSBACHER, ) ) ) Petitioners, ) ) vs. ) Case No. 04-2812cm ) ST. JOHNS COUNTY and DEPARTMENT ) OF COMMUNITY AFFAIRS, ) ) Respondents, ) ) and ) ) RT TIMBER, INcC., ) ) Intervenor. ) ) we ORDER CLOSING FILE SSE LNG FILE This cause having come before the undersigned on Petitioners' Notice of Withdrawal of Petition and Dismissal of Proceedings, and the undersigned being fully advised, it is, therefore, ORDERED that: i. The final hearing in this cause scheduled for November 22, 23 and November 30 through December 2, 2004, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this i7th day of September, 2004, in Tallahassee, Leon County, Florida. 1 east © Baryon DONALD R. ALEXANDER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32393-3060 (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 17th day of September, 2004. COPIES FURNISHED: Shaw P. Stiller, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Marcia Parker Tjoflat, Esquire Pappas, Metcalf, Jenks & Miller, P.A. 245 Riverside Avenue, Suite 400 Jacksonville, Florida 32202-4327 Isabelle C. Lopez, Esquire St. Johns County 4020 Lewis Speedway St. Augustine, Florida 32085-8637 Terrell K. Arline, Esquire 3205 Brentwood Way Tallahassee, Florida 32309-2705 Paul M. Harden, Esquire 1301 Riverplace Boulevard Suite 2601 Jacksonville, Florida 32207-9032

Docket for Case No: 04-002812GM