STATE OF FLORIDA

LAND AND WATER ADJUDICATORY COMMISSION

RE: Rulemaking to Establish the Bexley Community Development District.

I

FLWAC Case No. CDD-07-011

FINAL ORDER OF DISMISSAL WITHOUT PREJUDICE TO REFILE

This cause came before the Secretary of the Florida Land and Water Adjudicatory Commission upon the "Notice of Withdrawal of Petition Without Prejudice to Refile" filed by the Petitioner NNP-Bexley, Ltd., on April 7, 2011. A copy of the "Notice of Withdrawal of Petition Without Prejudice to Refile" is attached and incorporated as "Exhibit A."

IT IS ORDERED that the proceeding is dismissed without prejudice.

NOTICE OF RIGHTS

Any party to this Order has the right to seek Judicial review of the Final Order pursuant to section 120.68, Florida Statutes, by the filing of a Notice of Appeal pursuant to Rule 9.110, Florida Rules of Appellate Procedure, with the Clerk of the Commission, Office of Policy and Budget, Executive Office of the Governor, The Capitol, Room 1801, Tallahassee, Florida 32399- 0001; and by filing a copy of the Notice of Appeal, accompanied by the applicable filing fees, with the appropriate District Court of Appeal. Notice of Appeal must be filed within 30 days of the day this Order is filed with the Clerk of the Commission.

£

DONE AND ORDERED this / -:S day of April, 2011.

JERRY L. MCDANIEL, ecretary Florida Land and Water Adjudicatory Commission

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=3....P.PILED with the Clerk of the Florida Land and Water Adjudicatory Commission this

_l_;_--d2ay of April, 2011.

Clerk, Florida Adjudicatory Commissi

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f

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and corr py of the foregoing was delivered to the following persons by United States mail this£ day of April, 2011.

lerk, Florida La Adjudicatory Commiss1 n

Honorable Rick Scott Governor

The Capitol

Tallahassee, Florida 32399

Honorable Pam Bondi Attorney General

The Capitol

Tallahassee, Florida 32399

Carly A. Hermanson, Esquire Governor's Legal Office Room 209, The Capitol

Tallahassee, Florida 32399-0001

Ray Eubanks, Administrator Plan Processing Team

Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Honorable Donald R. Alexander Administrative Law Judge

The DeSoto Building 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

Florida Administrative Law Reports Post Office Box 385

Gainesville, Florida 32602

Honorable Jeff Atwater Chief Financial Officer The Capitol

Tallahassee, Florida 32399

Honorable Adam Putnam Commissioner of Agriculture The Capitol

Tallahassee, Florida 32399

Erin McCormick, Esquire Fowler White Boggs P.A. Post Office Box 1438 Tampa, Florida 33601

John McKay

Rizzetta & Company, Inc. 3434 Colwell Avenue

Suite 200

Tampa, Florida 33614

Manny L. Pumariega, Executive Director Tampa Bay Regional Planning Council 4000 Gateway Centre Boulevard

Suite 100

Pinellas Park, Florida 33782

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STATE OF FLORIDA

LAND AND WATER ADJUDICATORY COMMISSION

IN RE: PETITION TO ESTABLISH THE BEXLEY COMMUNITY DEVELOPMENT DISTRICT

I

FLAWAC Case No. CDD-07-011

NOTICE OF WITHDRAWAL OF PETITION WITHOUT PREJUDICE TO REFILE

COMES NOW, Petitioner NNP-BEXLEY, Ltd., a Florida limited partnership ("Petitioner"), by and through its undersigned counsel, and files this Notice of Withdrawal of

Petition without Prejudice to Refile. In support hereof, Petitioner states the following:

'

1. On June 29, 2007, Petitioner submitted to the Florida Land and Water Adjudicatory Commission (the "Commission") a Petition to Establish the BEXLEY COMMUNITY DEVELOPMENT DISTRICT I (the "Petition").

2. On November 9, 2007, a public hearing on the Petition was held before Administrative Law Judge Donald R. Alexander.

3. On December 3, 2007, Petitioner filed its Proposed Report of Findings and

   
   

   Conclusions with Judge Alexander.

   
   

4. On December 18, 2007, Judge Alexander filed his Administrative Law Judge's Report to the Florida Land and Water Adjudicatory Commission which concluded that "the Petition appears to meet all statutory requirements, and there appears to be no reason not to grant the Petition to Establish the Bexley Community Development District I as requested by Petitioner."

   
   

   43231444v]

   
   

   EXHIBIT A

   
   

   
   

5. On September 6, 2008, Petitioner filed a Motion to Hold Petition in Abeyance, due to changes in market conditions.

6. The Commission granted consecutive Orders of Abeyance, continuing the abeyance of the Petition through December 31, 2010.

7. Market conditions continue to affect Petitioner's efforts to proceed with the final hearing on the Petition.

8. Petitioner hereby files this Notice of Withdrawal of the Petition.

WHEREFORE, Petitioner respectfully requests that an Order of Withdrawal of Petition without Prejudice to Refile a Petition at a later date be entered by the Commission.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished via U.S. Mail to: Secretary Jerry McDaniel, Florida Land and Water Adjudicatory Commission, The Capitol, Suite 1601, Tallahassee, FL 32399-0001; Ms. Barbara Leighty, Office of the Governor, 2105 The Capitol, Tallahassee, FL 32399-0001 and via Electronic Mail; Shaw Stiller, Esq., Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, FL

32399-2100 this day of April, 2011.

_A

Erin McCormick.sq. Florida Bar No: 0938564

FOWLER WHITE BOGGS P.A.

P.O. Box 1438 Tampa, FL 33601 (813) 222-1180

Fax No: (813) 229-8313

Email: erin.mccormick@fowlerwhite.com Attorneys for Petitioner

43231444v)

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Leighty, Barbara

From: Sent:

To:

Cc: Subject:

Attachments: Importance:

Clark, Linda [Linda.Clark@fowlerwhite.com] Thursday, April 07, 2011 3:54 PM

Leighty, Barbara McCormick, Erin

Bexley Community Development District/Notice of Withdrawal Bexley Notice of Withdrawal.pdf

High

Ms. Leighty:

Erin requested that I send you the above referenced Notice for filing. Erin will be calling you this afternoon and the original will be coming overnight via FedEx.

Should you have any questions, please do not hesitate to call.

FOWLER .

""· ,"..•i;;. WRITEBoc.cs

Linda Clark

Fowler White Boggs P.A.

501 E. Kennedy Blvd, Suite 1700

Tampa, Florida 33602

Direct: 813 769 7658

Fax: 813 229 8313

Disclaimer under IP:::; Circufar : JC: Unless expressly stated otherwise in this transrnis ;iorL nothing contained in this rr1essage is intended or v11ritten to be used, nor may it be relic(! upon or used, ( 1) by any taxp yer for the purpose of avoiding penalties that may be imposed on the taxpaver under the Internal Revenue Code or 19B6, as amended and/or (2) by a,1y person to support the fHC!noticc or rnarketin9 of or to recornmend any Federal liix transaction(s) or matter(s) addressed in this rne ,saqe.

If you desire a formal opinic,n on a particu!ar tax matter for the purpose of avoiding the irnposition of any

per1<1!t;es, vve will discuss the additional Trea ;ury· requirements that must be met cmd whether it is possible to meet those requin. ment:,; under the circumstance ;, as well as the anticipated lime and additional fees involved.

Confidentiality Disdt:Jirner: f(Jis e 1ntn1 1Tif: ·,Sijd€ and any attachrnents dre private cornrnun1cat!oT1 sent!·;,/ d !aw f;rrn, Fu/1,der V h!te 5,.:; fJ ; F,)\,, and rnav contain ccnfidcntidl, !e Jdlly pr!\ti!cgr:d inforrnaUon n11;:;:ant scleiy f0r the iLtended recipient. If you ar,,; not U1c intended recipiePt, you arc hc::!T>by notlfk-<1 that any use1 dissernina Uon 1 dist:ribuhon or cupy1n9 of this con1n1un!cation is strictly prohibite:ti, Plc:ase notify the sende: iinrnedlately JJy repJyin ; to thjs PV?::-sc }e.- then de!ctt:: the e-rnail zind anl attachrnc:nts frorn yotir systc:rr . Ttiani< you.

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Docket for Case No: 07-003400

Orders for Case No: 07-003400