FINAL ORDER No. DCA08-GM-148 FILE fe ee Bb STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIR) NAY 30 All: us DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH CASE No. 07-1126GM HENDRY COUNTY, Respondent, and YOUNGQUIST BROTHERS BLOCK AND PAVERS, LLC, Intervenor. FINAL ORDER This cause is before the Department of Community Affairs on an Order Closing File, a copy of which is appended hereto as Exhibit A. On December 12, 2006, Respondent Hendry County adopted amendments to its comprehensive plan by Ordinance Nos. 2006-41 and 2006-42 (Amendments). The Department reviewed the Amendments, determined that they did not meet the criteria for compliance set forth in Section 163.3184(1) (b), Florida Statutes, and caused to be published a Notice of Intent to find the Amendments not “in compliance.” The Department then instituted FINAL ORDER No. DCA08-GM-148 this administrative proceeding against the County pursuant to Section 163.3184(10), Florida Statutes. On May 13, 2008, the County adopted Ordinance No. 2008-07 repealing Ordinance Nos. 2006-41 and 2006-42. By virtue of this action, the instant controversy has been rendered moot and this proceeding must be dismissed. See Department of Highway Safety & Motor Vehicles v. Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver's license was rescinded by the Department) . 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. General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER No. DCA08-GM-148 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)®) 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. 3 of 4 FINAL ORDER No. DCA08-GM-148 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. Mail to each of the persons listed below on this LAG Baay of , 2008. Paula Ford Agency Clerk By U.S. Mail The Honorable Bram D. E. Canter Administrative Law Judge Division of Administrative Hearings The Desoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mark F. Lapp, Esquire County: Attorney Post Office Box 2340 LaBelle, Florida 33975 Gary P. Sams, Esquire Sarah M. Doar, Esquire Hopping Green & Sams, P.A. Post Office Box 6526 Tallahassee, Florida 32314-6526 By Hand Delivery Lynette Norr Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 4 of 4

Docket for Case No: 07-001126GM