FINAL ORDER NO. DCA 05-GM-119 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and SOUTH FLORIDA REGIONAL ps PLANNING COUNCIL, Oz: cd AN We soe Intervenor, DOAH Case No. 04-3500GM and COCO PLUM HOMEOWNERS ASSOCIATION, Intervenor, Vv. CITY OF MARATHON, Respondent. 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 Marathon (City) Comprehensive Plan, adopted by Ordinance No. 2003-11, on July 13, 2004, is “in compliance” with the Local FINAL ORDER NO. DCA 05-GM-119 Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement that required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Comprehensive Plan and the remedial amendment to be “in compliance” with Chapter 163, Part I, 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 an Order Closing File and Relinquishing Jurisdiction. No Exceptions to the Administrative Law Judge’s Order were filed. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, the Comprehensive Plan adopted by Ordinance No. 2003-11 is determined to be in compliance, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. ZHULEL. Cotte haddeus L. Cohen, AIA Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 05-GM-119 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., ISNOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. CERTIFICATE OF FILING AND SERVICE 1 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 correc copies have been furnished to the persons listed below in the manner described, on this AL’ day of July, 2005. Paula Ford Agency Clerk U.S. Mail: The Honorable J. Lawrence Johnston John R. Herin, Jr. Esq. Division of Administrative Hearings Stearns, Weaver, Weissler, Alhadeff & The DeSoto Building Sitterson, P.A. 1230 Apalachee Parkway 150 West Flagler Street, Suite Tallahassee, FL 32399-1550 Miami, Florida 33130 Richard E. Shine Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 05-GM-119 Lynda Berrigan Coco Plum Beach Property Owners Association, Inc. Post Office Box 3393 Marathon Shores, Florida 33053-3393 David N. Tolces, Esq. Goren, Cherof, Doody & Ezrol. P.A. Suite 200 3099 East Commercial Boulevard Fort Lauderdale, Florida 33334

Docket for Case No: 04-003500GM