FINAL ORDER NO. DCA 08-GM-033 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, ov. DOAH Case No. 05-1155GM HIGHLANDS COUNTY, Respondent, and CREWS GROVES, INC.; C. ELTON CREWS FAMILY LIMITED PARTNERSHIP, LLLP; ROBERT C. CREWS, II; DAVIS ENTERPRISES, INC.; LETTA-BONNET GROVES, INC.; CRUTCHFIELD GROVES, INC.; HENRY CRUTCHFIELD, INC.; ET AL., Intervenors. 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 Highlands County Comprehensive Plan Amendment 07-R1, adopted by Ordinance FINAL ORDER NO. DCA 08-GM-033 07-08-3, on November 27, 2007, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department and the County have entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The Department’s Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance,” published January 14, 2008, and attached hereto as Exhibit B, is unchallenged. The Department previously published an Amended Notice of Intent finding certain amendments in compliance. The remaining intervening parties have either dismissed their petitions in this case, or have failed to respond to the March 18, 2008, Order by the Administrative Law Judge to show cause why this case should not be closed. The Administrative Law Judge issued the Order Closing File and Relinquishing Jurisdiction (copy attached hereto). FINAL ORDER NO. DCA 08-GM-033 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 this day in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard. Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-033 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. DCA 08-GM-033 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 each of the persons listed below on this day of / , 2008. aula Ford Agency Clerk By U.S. Mail: The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 J. Ross Macbeth, Esquire Highlands County Attorney 2543 U.S. 27 South Sebring, Florida 33871-1926 Clifford M. Ables, III, Esquire Ables & Ritenour, P.A. 551 South Commerce Avenue Sebring, Florida 33870 Karen Brodeen, Esquire Fowler, White, Boggs, Banker, P.A. 101 North Monroe Street, Suite 1090 Post Office Box 11240 Tallahassee, Florida 32301 Page 5 of 6 FINAL ORDER NO. Michael T. Gallaher, Esquire Peterson & Myers, P.A. Post Office Box 1079 Lake Wales, Florida 33859-1079 Bert J. Harris, III, Esquire Swaine, Harris & Sheehan, P.A. 401 Dal Hall Boulevard Lake Placid, Florida 33852 Joseph P. Mawhinney, Esquire Clark, Campbell & Mawhinney, P.A. 500 South Florida Avenue, Suite 800 Lakeland, Florida 33801 David L. Powell, Esquire Vinette D. Godelia, Esquire Post Office Box 6526 Tallahassee, Florida 32314 Joe Ravosa 6142 Wilbur Way Lake Worth, Plorida 33467 By Hand Delivery: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 6 of 6 DCA 08-GM-033 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 05-1155GM HIGHLANDS COUNTY, and LEONARD C. SMITH, III; PIONEER GROVE, INC.; GOSE GROVES, a/k/a LEILA LAKE GROVE, LLC; MARK, INC.; ET AL., ) ) ) ) ) ) ) ) ) Respondent, ) ) ) ) ) ) ) ) ) Intervenors. ) ) ORDER CLOSING FILE AND RELINQUISHING JURISDICTION On March 18, 2008, the Administrative Law Judge issued an Order to Show Cause, requiring the remaining Intervenors to show cause why the. case should not be closed, based on the cumulative notice of intent issued by the Department of Community Affairs and the adoption of plan amendments by Highlands County in conformance with its compliance agreement with the Department. The Intervenors were given a deadline of March 28, 2008 to respond and were informed that a failure to respond would be deemed a voluntary dismissal of the issues they had raised in the case. No responses were filed. Therefore, it is ORDERED that the file of the Division of Administrative Hearings in this case is CLOSED and jurisdiction is relinquished to the Department of Community Affairs for final action. DONE AND ORDERED this 31st day of March, 2008, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (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 31st day of March, 2008. COPIES FURNISHED: Clifford M. Ables, III, Esquire Ables & Ritenour, P.A. 551 South Commerce Avenue Sebring, Florida 33870 Mark G. Turner, Esquire Straughn, Straughn & Turner, P.A.” Post Office Box 2295 Winter Haven, Florida 33883 Bert J. Harris, III, Esquire Swaine, Harris, Sheehan & McClure, P.A. 401 Dal Hall Boulevard Lake Placid, Florida 33852 J. Ross MacBeth, Esquire Law Office of J. Ross MacBeth 2543 U.S. Highway 27 South Sebring, Florida 33870 Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Karen A. Brodeen, Esquire Fowler White Boggs Banker, P.A. 101 North Monroe Street, Suite 1090 Post Office Box 11240 Tallahassee, Florida 32302-1240 Joe Ravosa 6142 Wilbur Way Lake Worth, Florida 33467 Michael Thomas Gallaher, Esquire Peterson & Myers 130 East Central Avenue Lake Wales, Florida 33859 Charles J. Wade 14470 Southwest 138 Court Miami, Florida 33186 Mar 18 2008 15:27 63/18/2888 14:23 8509222679 DCA LEGAL PAGE 04/06 PUBLISHED IN THE HIGHLANDS TODAY ON JANUARY 14, 2008 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND THE HIGHLANDS COUNTY COMPREHENSIVE PLAN AMENDMENT AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT(S) IN COMPLIANCE DOCKET NO. 07-R1-NOI-2801-(A}«() ‘The Department issues this cumulative notice of intent to find the Highlands County Comprehensive Plan Amendment adopted by Ordinance No(s). 04-05-06, 04-05-11 , 04-05-12, 04-05-13, 04-05-19 through . 04-05-21, 04-05-25 through 04-05-28, 04-05-30, 04-05-32 through 04-05-35, 04-05-37, 04-05-42, and 04- 03-43 on December 28, 2004 and Ordinance No(s). 04-05-70 and 04-05-71 on June 28, 2005 and Ordinance No(s).2005-06-09 through 2005-06-11 and 2005-06-13 on December 27, 2005 and Ordinance No(s), 05-06- 45 through 05-06-47, 05-06-49 through 05-06-50, 05-06-51 and 05-06-53 on September 12, 2006 and Ordinance No(s). 06-07-08 through 06-07-14 on December 19, 2006 and the remedial amendment(s) adopted by Ordinance 07-08-3 on November 27, 2007 IN COMPLIANCE, pursuant to Sections 163.31 84, 163.3187 and 163.3189, F.S, The adopted Highlands County Comprehensive Plan Amendment and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Highlands County Planning Department, County Annex Building, 501 South Commerce Avenue, Sebring, Florida 33870. Any affected person, as defined in Section 163,31 84, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Remediat Amendments are In Compliance, as defined in Subsection 163.3184(1), F.S. The Petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C, The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 and a copy mailed or delivered to the local government. Failure to timely file a petition shall constitute a waiver of. any right to request an administrative proceeding as a petitioner under Sections 120.569 and 120.57, F.S. Ifa petition is filed, the Purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. Ifa petition is filed, other affected persons may petition for leave to intervene in the proceeding. A Petition for intervention must be filed at least twenty (20) days before the final hearing and must include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for Jeave to intervene shall be filed at the Division of Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060, Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Sections 120.569 and 120.57, F.S., or to participate in the administrative hearing. After an administrative hearing petition is timely fited, mediation is available pursuant to Subsection 163.3189(3)(a), F.S.. to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assighed by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -s- Mike McDaniel, Chief Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 05-001155GM