DEPARTMENT OF COMMUNITY AFFAIRS CITIZENS FOR RESPONSIBLE GROWTH and WILLIAM C. PYLE, Petitioners, vs. DEPARTMENT OF COMMUNITY AFFAIRS DOAH Case No. 05-3159GM and CITY OF ST. PETE BEACH,- 2 eS Respondents, az S a CER x and 35 AS oO 222 2 ST. PETE PARTNERS, L.L.C., Aa Ss Intervenor. : a / FINAL ORDER A” 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 BACKGROUND This is a proceeding to determine whether the City of St. Pete Beach comprehensive plan amendment adopted by Ordinance No. 2004-24 on June 28, 2005, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes (the “Act”). On July 29, 2005, the Department issued a Notice of Intent to find the amendment adopted by Ordinance No. 2004-24 “in compliance” with the Act. On August 31, 2005, FINAL ORDER NO: DCA 05-GM-212 STATE OF FLORIDA FINAL ORDER NO. DCA 05-GM-212 Petitioners filed an administrative challenge to the Notice of Intent to find the amendment “in compliance.” On September 30, 2005, Intervenor filed a motion to intervene in the proceeding. On October 14, 2005, Petitioners filed a Notice of Stipulated Voluntary Dismissal. On October 17, 2005, the Administrative Law Judge issued an Order Closing File. ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the comprehensive plan amendment adopted by the City of St. Pete Beach by Ordinance No. 2004-24 on June 28, 2005, 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 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. FINAL ORDER NO. DCA 05-GM-212 MEDIATION UNDER SECTION 120.573, FLORIDA STATUTES, IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. CERTIFICATE OF FILING AND SERVICE J 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 FA day of November, 2005. Paula Ford.» ier Agency Clerk David Smolker, Esquire Bricklemyer, Smolker & Bolves, P.A. 500 East Kennedy Boulevard, Suite 200 Tampa, Florida 33602-4936 U.S. Mail: Timothy P. Driscoll, Esquire Timothy P. Driscoll, P.A. 100 First Avenue South, Suite 340 St. Petersburg, Florida 33701-4311 Thomas G. Pelham, Esquire Fowler, White, Boggs, Banker, P.A. Post Office Box 11240 Tallahassee, Florida 32302-1240 Robert K. Lincoln, Esquire Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A. 2033 Main Street, Suite 600 Sarasota, Florida 34237-6093 The Honorable Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060

Docket for Case No: 05-003159GM