FINAL ORDER NO..DCA 05-GM-197 STATE OF FLORIDA > 8 DEPARTMENT OF COMMUNITY AFFAIRS Ee 3 Rea 4 DEPARTMENT OF COMMUNITY AFFAIRS, Bae _ 2aE -&) Petitioner, as U =< 7 m nN vs. a DOAH CASE NO. 05-0712GM VILLAGE OF ILSAMORADA, Respondent, And EDWARD S. STEPHENS, 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 Village of Islamorada (Village) Comprehensive Plan Amendment 04-2, adopted by Ordinance No. 04-15 on December 9, 2004, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the Village to adopt certain remedial amendments. The Village adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment daa FINAL ORDER NO. DCA 05-GM-197 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 Notice of Filing Cumulative Notice of Intent and Status Report and a request to relinquish jurisdiction. The Administrative Law Judge issued his Order Closing File and relinquishing jurisdiction to the Department. (copy attached hereto as Exhibit A). 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. L Cotte Thaddeus L. Cohen, AIA Secretary DEPARTMENT OF COMMUNITY AFFAIRS Ww FINAL ORDER NO. DCA 05-GM-197 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)(1XC) 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. ul FINAL ORDER NO. DCA 05-GM-197 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 copies have been furnished to the persons listed below in the manner described, on this Jef day of October, 2005. Paula Ford fr Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: The Honorable J. Lawrence Johnston Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 Nancy Stroud, Esq. Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. 3107 Stirling Road, Suite 300 Fort Lauderdale, Florida 3312-6526 Nina L. Boniske, Esq. Weiss, Serota, Helfman, Pastoriza Cole & Boniske, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 Dirk M. Smits, Esq. Vernis & Bowling of the Florida Keys, P.A. 81990 Overseas Highway Islamorada, Florida 33036 Hand Delivery: Richard E. Shine, Esq. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 05-000712GM