& # As fa FINAL ORDER NO. Dcaosepyi-297% & C7 . é) j “Cea, ® STATE OF FLORIDA KY SW. S19 DEPARTMENT OF COMMUNITY AFFAIRS Miglin, é SAMSULA COALITION, Petitioner, vs. DCA Docket No. 05-1-NOI-6401-(A)-(1) DOAH Case No. 05-4705GM DEPARTMENT OF COMMUNITY AFFAIRS and VOLUSIA COUNTY, Respondents. / 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 Volusia County (County) Comprehensive Plan Amendment 05-1 adopted by Ordinance Number 2005-12 on September 8, 2005, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department published a notice of intent to find the amendment to be “in compliance.” Samsula Coalition timely filed a Petition for a Formal Administrative Hearing to challenge the amendment. The Department forwarded the Petition to the Division of Administrative Hearings where the case was assigned to the Administrative Law Judge. FINAL ORDER NO. DCA08-GM-297 The parties subsequently entered into a Stipulated Settlement Agreement which required the County to adopt a plan amendment. On September 20, 2007, the County adopted the plan amendment by Ordinance Number 2007-47. On November 8, 2007, the Department published a notice of intent to find the amendment to be “in compliance” and no challenges to that notice were filed. In accordance with the Settlement Agreement, Petitioner Samsula Coalition voluntarily dismissed its Petition with Prejudice. The Administrative Law Judge issued his Order Closing File on January 7, 2008. 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. auiW Shaw P. Stiller General Counsel FINAL ORDER NO. DCA08-GM-297 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. DCA08-GM-297 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 f October, 2008. Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail: The Honorable J. L. Johnston Ty Harris, Esquire Administrative Law Judge Glenn Storch, Esquire Division of Administrative Hearings Storch, Morris & Harris, L.L.C. The DeSoto Building 420 South Nova Road 1230 Apalachee Parkway Daytona Beach, Florida 32114-4514 Tallahassee, FL 32399-1550 Michael G. Dyer, Assistant County Attorney Volusia County 123 West Indiana Avenue DeLand, Florida 32720-4613 Hand Delivery: Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399

Docket for Case No: 05-004705GM