FINAL ORDER NO. DCA06-GM-275 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS PUBLIC TRUST ENVIRONMENTAL LAW INSTITUTE OF FLORIDA, INC., RAYMOND D. HETCHKA, RICHARD B. CARDELL, and PAM PIEPER, Petitioners, v. DOAH Case No. 06-3727GM DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF JACKSONVILLE, Respondents, and BLACK HAMMOCK ISLAND, LLC, GEORGE L. OGILVIE, and JEANNETTE OGILVIE, 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 Jacksonville comprehensive plan amendment adopted by Ordinance No. 2006-466-E on June 13, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, FINAL ORDER NO. DCA06-GM-275 Part Il, Florida Statutes (the “Act"). The Department issued a Notice of Intent to find the plan amendment “in compliance” with the Act. The Petitioners filed a Petition for Formal Administrative Hearing challenging the Department's Notices of Intent, which alleged that the plan amendment is not “in compliance.” The Petitioners subsequently filed a Notice of 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 amendment adopted by City of Jacksonville Ordinance No. 2006- 466-E is determined to be "in compliance.” DONE AND ORDERED in Tallahassee, Florida. 6 |. ofl Thaddeus Cohen, AIA, Secretary 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. 2 FINAL ORDER NO. DCA06-GM-275 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. CERTIFICATE OF FILING AND SERVICE THEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and coprect copies have been furnished to the persons listed below in the manner described, on this day of DA 2006. Paula Ford Agency Clerk DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 VIA U.S. MAIL: The Honorable J. Lawrence Johnston Paul M. Harden, Esq. Administrative Law Judge 1301 Riverplace Blvd., Suite 2601 Division of Administrative Hearings Jacksonville, Florida 32207 The DeSoto Building 1230 Apalachee Parkway Marcia Parker Tjoflat, Esq. Angela M. Sarabia, Esq. Pappas, Metcalf, Jenks & Miller, P.A. 245 Riverside Ave., Suite 400 Jacksonville, Florida 32202 Tallahassee, FL 32399-3060 Warren K. Anderson, Jr., Esq. Anderson, Howell, and Ravis, P.A. 2029 North Third Street Jacksonville Beach, Florida 32250 VIA HAND DELIVERY: Kelly A. Martinson, Esq. Tracey Arpen, Esq. Department of Community Affairs City of Jacksonville Office of General Counsel 117 West Duval Street, Suite 400 Jacksonville, Florida 32202 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 06-003727GM