STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS HERNANDO COUNTY, Petitioner, vs. DEPARTMENT OF COMMUNITY AFFAIRS and CITY OF BROOKSVILLE, Respondents, and MAJESTIC OAKS PARTNERS, LLC and MAJESTIC OAKS DEVELOPERS, LLLP, Intervenors. FINAL ORDER NO. DCA07-GM-240 Case No.: 06-5084GM / 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 Brooksville (City) Comprehensive Plan Amendment adopted by Ordinance No. 718 on September 18, 2006, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part H, Florida Statutes (the “Act”). FINAL ORDER NO. DCA07-GM-240 The Department published a notice of intent to find the amendment to be “in compliance.” Hernando County timely filed a Petition for a Formal Administrative Hearing to challenge the amendment. After the Department forwarded the Petition to the Division of Administrative Hearings for assignment of an Administrative Law Judge, Majestic Oaks Partners, LLC and Majestic Oaks Developers, LLLP, were granted leave to intervene. The parties subsequently entered into a Stipulated Settlement Agreement which required the City to adopt a “clarifying” plan amendment. The City adopted the amendment, and, on April 2, 2007, the Department published a notice of intent to find the amendment to be “in compliance.” In accordance with the Settlement Agreement, Petitioner Hernando County voluntarily dismissed its Petition. The Administrative Law Judge issued his Order Closing File on April 6, 2007. 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. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA07-GM-240 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. DCA07-GM-240 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 hav. heen furnished to the persons listed below in the manner described, on this day of October, 2007. U.S. Mail: The Honorable D. R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 Jake Varn, Esquire Fowler White Boggs Banker, P.A. Post Office Box 11240 Tallahassee, Florida 32302-3240 Lee E. Nelson, Esquire Williams, Schifino, Mangione & Steady, P.A. Post Office Box 380 Tampa, Florida 33601-0380 Hand Delivery: Leslie Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399 ole tod Paula Ford Agency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jon A. Jouben, Esquire Hernando County Attorney’s Office 20 North Main Street, Suite 462 Brooksville, Florida 34601-2817 David LaCroix, Esquire City of Brooksville 201 Howell Avenue Brooksville, Florida 34601-2042

Docket for Case No: 06-005084GM