FINAL ORDER NO. DCA 07-GM-134 PILED ; TH Sm Sas STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS 2301 SUL 19 A 03 18 Ag 33 DEPARTMENT OF COMMUNITY AFFAIRS, Ta iv AS Petitioner, Vv. Case No. 06-3509GM CITY OF BARTOW, Respondent, and INSITE DEVELOPERS, INC., 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 City of Bartow (City) Comprehensive Plan Amendment 06-2, adopted by Ordinance No. 2006-50, on December 18, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The amendment resolves the issues raised by the Department in the Page 1 of 4 FINAL ORDER NO. DCA 07-GM-134 not-in-compliance finding of a text amendment from the Bartow 06- 1 adoption cycle, adopted by Ordinance 2006-12 on July 5, 2006. All parties to this proceeding entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the amendment as part of the 06-2 adoption cycle, and the Department subsequently published its Notice of Intent to find the Plan Amendment “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 93-5, Florida Administrative Code. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued the Order Closing File (copy attached hereto). 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. Sau Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 FINAL ORDER NO. DCA 07-GM-134 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 NO. DCA 07-GM-134 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 by U.S. Maal to each of the persons listed below on this Met of , 2007. aula Ford Agency Clerk George T. Dunlap, III, Esq. Boswell & Dunlap 245 South Central Avenue Bartow, Florida 33830-4620 Jean Roush-Burnett, Esq. Thomas R. Sullivan, Esq. Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 215 North Eola Drive Post Office Box 2809 Orlando, Florida 32802 Bram D.E. Canter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Page 4 of 4

Docket for Case No: 06-003509GM