FINAL ORDER NUMBER: DCA09-GM-079 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS KISSIMMEE VALLEY AUDUBON Oo oS “ ot SOCIETY, INC., ae Lo a Fe oth ¢ Ba, PN ety Petitioner, RGA - Va Cee oo cAKe a Eye, V v. Egon @ Pe 2 OSCEOLA COUNTY, FLORIDA, and “ DEPARTMENT OF COMMUNITY AFFAIRS, DCA Docket No.: 05-1-NOI-4901-(A)-(N) DOAH Case No.: 06-1105GM_ Respondents, and BRONSONS PARTNERSHIP, 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 Osceola County’s (County) Comprehensive Plan Amendment 05-1 adopted by Ordinance Number 05-60 on December 19, 2005, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (Act). FINAL ORDER NUMBER: DCA09-GM-079 ’ The Department and the County entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial plan amendments. The County adopted the remedial amendments and, on January 23, 2008, the Department published its Cumulative Notice of Intent to find the Plan Amendment and the remedial plan amendments to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. The parties to the case were then re-aligned because Petitioner Kissimmee Valley Audubon Society, Inc., and Intervenor Bronsons Partnership did not enter into that Agreement. Subsequently, however, all parties entered into an agreement which required the County to adopt additional amendments to its comprehensive plan. The County adopted those amendments and on June 23, 2008, the Department published a notice of intent to find those amendments “in compliance.” The parties then jointly moved to have the case closed at the Division of Administrative Hearings. On July 22, 2008, the Administrative Law Judge issued his Order Closing File. 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. Shaw P. S y tiller General Counsel FINAL ORDER NUMBER: DCA09-GM-079 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. Page 3 of 4 FINAL ORDER NUMBER: DCA09-GM-079 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 Z f of day of March, 2009. C Z o P. aula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U.S. Mail The Honorable J.L. Johnston Cari L. Roth Administrative Law Judge Suzanne Van Wyk Division of Administrative Hearings Bryant, Miller, and Olive, P.A. The DeSoto Building 101 North Monroe Street, Suite 9000 1230 Apalachee Parkway Tallahassee, Florida 32301 Tallahassee, FL 32399-1550 Kate Stangle Ted B. Edwards Deputy County Attorney Foley & Lardner LLP 1 Courthouse Square, Suite 4200 111 North Orange Avenue, Suite 1800 Kissimmee, Florida 34741 Orlando, FL 32801 Jason Alexander Totoiu Everglades Law Center, Inc. 818 U.S. Highway 1, Suite 8 North Palm Beach, Florida 33408 Hand Delivery Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 Page 4 of 4

Docket for Case No: 06-001105GM