FINAL ORDER NO. DCA 05-GM-109 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS JOHN FROST, II and TERRY FROST, Petitioners, Vv. DEPARTMENT OF COMMUNITY AFFAIRS, CITY OF BARTOW, SILVER ACTIVE DOAH Case No. 05-1101GM ADULT COMMUNITIES, LLC, S AND M SADDLE CREEK CORP., WALKER BLOUNT, JACK P. JAMES, JR., and WILLIAM S. MILLER, Respondents. / nnn 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 Bartow comprehensive plan amendment, adopted by Ordinance No. 2004-34 on December 20, 2004, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (Act). The Department issued a Notice of Intent to find the amendment in compliance with the Act. FINAL ORDER NO. DCA 05-GM-109 The Petitioners filed a petition challenging the Department’s Notice of Intent, which alleged that the plan amendment is not “in compliance. The Petitioners subsequently filed a Notice of Voluntary Dismissal. The Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding ig DISMISSED, and the comprehensive plan amendment adopted by City of Bartow Ordinance No. 2004-34 is determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. L Thaddeus L. Cohen, AIA, Secretary DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 NOTICE OF RIGHTS FACH 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. FINAL ORDER NO. DCA 05-GM-109 MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. 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 copies have been furnished to the persons listed below in the manner described, on this day of June, 2005. Paula Ford Agency Clerk U.S. Mail A. Brent Geohagan, Esq. Frost Tamayo Sessums & Aranda, P.A. Post Office Box 2188 Bartow, Florida 33831-2188 Timothy F. Campbell, Esq. Joseph P. Mawhinney, Esq. Clark, Campbell & Mawhinney, P.A. 500 South Florida Avenue, Suite 800 Lakeland Florida 33801-5271 Hank B. Campbell, Esq. Jack P. James, III, Esq. GrayRobinson, P.A. One Lake Morton Drive Lakeland, Florida 33801 Jack P. Brandon, Esq. Michael T. Gallaher, Esq. Theodore T. Weeks, Esq. P.O. Box 1079 Lake Wales, Florida 33859-1079 George Dunlap, III, Esq. City of Bartow 450 North Wilson Avenue Bartow, Florida 33830 Thomas A. Cloud, Esq. Heather M. Blom-Ramos, Esq. GrayRobinson, P.A. 301 Bast Pine Street, Suite 1400 Orlando, Florida 32801 Hand Delivery Shaw P. Stiller Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Interagency Mail The Honorable J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 FINAL ORDER NO. DCA 05-GM-109

Docket for Case No: 05-001101GM