FINAL ORDER NO. DCA aan & STATE OF FLORIDA =. (4 & DIVISION OF ADMINISTRATIVE HEARINGS any, PF 4) OL, S FRED M. JOHNSON, GWEN P. Hie, Vy, JOHNSON, and MICHELE E. EDDY, Tap Go > » : WG py ‘ ws Ss Petitioners, v. DOAH Case No. 06-2778GM GULF COUNTY and DEPARTMENT OF COMMUNITY AFFAIRS, 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 Gulf County comprehensive plan amendment adopted by Ordinance No. 2006-04 (Section 3) on April 11, 2006 and remedial amendment adopted by Ordinance No. 2007-16 on November 13, 2007 are “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part I, Florida Statutes (the “Act”). The Department issued a Notice of Intent finding the original comprehensive plan amendment not “in compliance” with the Act on July 27, 2006 and issued a Cumulative Notice of Intent finding the original comprehensive plan amendment and remedial amendment “in compliance” with the Act on January 3, 2008. Final Order No. DCA08-GM-095 Petitioners filed a Petition for Intervention supporting the Department's Notice of Intent finding the original comprehensive plan amendment not “in compliance.” Petitioners were not a party to the compliance agreement that required the County to adopt the remedial amendment, therefore, Petitioners maintained their challenge. Petitioners subsequently filed a Voluntary Dismissal. 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 amendments adopted by Gulf County Ordinance Nos. 2006-04 (Section 3) and. 2007-16 are determined to be “in compliance.” DONE AND ORDERED in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 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 2 Final Order No. DCA08-GM-095 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. CERTIFICATE OF FILING AND SERVICE THEREBY 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 Wy day copies,have been furnished to the persons listed below in the manner described, on this of (be j , 2008. C Stgz= gency Clerk VIA U.S. MAIL: VIA HAND DELIVERY: The Honorable J. Lawrence Johnston Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Blvd. 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, FL 32399-3060 Timothy J. McFarland, Esq. Gulf County Attorney : 326 Reid Avenue Port St. Joe, Florida 32456-1826 Fred M. Johnson, Esq. Johnson, Farrell & Mabile, LLC Post Office Box 1739 Tallahassee, Florida 32302-1739 ; STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and FRED M. JOHNSON, GWEN P. ) ) ) ) ) ) ) ) JOHNSON, MICHELE E. EDDY, HARRY ) R. MILLS, and TWILA W. MILLS, ) ) ) ) ) ) ) ) ) ) Intervenors, vs. Case No. 06-2778GM GULF COUNTY, Respondent. ORDER CLOSING FILE This cause having come before the undersigned on the Voluntary Dismissal filed March 25, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for May 21 and 22, 2008, is hereby canceled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 26th day of March, 2008, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON 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 26th day of March, 2008. COPIES FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Timothy J. McFarland, Esquire Gulf County Attorney 326 Reid Avenue Port St. Joe, Florida 32456-1826 Fred Mack Johnson, Esquire Fuller, Johnson ¢& Farrell, P.A. Post Office Box 1739 Tallahassee, Florida 32302-1739

Docket for Case No: 06-002778GM