FINAL ORDER No. DCA08-GM-27} Y Os STATE OF FLORIDA e DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. DOAH Case No. 07-4169GM CITY OF JACKSONVILLE, Respondent, FINAL ORDER This cause is before the Department of Community Affairs (Department) on an Order Closing File, a copy of which is appended hereto as Exhibit A. On June 26, 2007, Respondent City of Jacksonville (City) adopted an amendment to its comprehensive plan by Ordinance 2007- 488-E, which changed the land use category to Multi-Use on the Future Land Use Map for approximately 5,948 acres related to the Timucuan Development of Regional Impact (Amendment). The Department reviewed the Amendment, determined that it 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 Amendment not “in compliance.” The Department then instituted this administrative proceeding against the City pursuant to Section 163.3184(10), Florida Statutes. By Ordinance 2008-634-E, adopted on August 26, 2008, the City repealed the Amendment. By virtue of this rescission, 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Heredia, 520 So. 2d 61 (Fla. 3d DCA 1988) (dismissing case on appeal as moot where suspension of driver’s license was rescinded by the Department).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. Shaw P. StilleY, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER No. DCA08-GM-271 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. DCAQ8-GM-271 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 an . cris BQ Kay 08 Se he mlu/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 Shannon Eller, Esquire City of Jacksonville 117 West Duval Street, Suite 480 Jacksonville, Florida 32202-3700 Fred D. Franklin, Jr., Esquire 1301 Riverplace Boulevard, Suite 1500 Jacksonville, Florida 32207-9000 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs 4 of 4 EXHIBIT STATE OF FLORIDA } DIVISION OF ADMINISTRATIVE HEARINGS A DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 07-4169GM CITY OF JACKSONVILLE, Respondent. ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause came before the Administrative Law Judge on the Suggestion of Mootness and Request to Relinquish Jurisdiction filed by Petitioner. Having considered the request and being otherwise advised, it is ORDERED that the file of the Division of Administrative Hearings in this case is CLOSED and jurisdiction is relinquished to the Department of Community Affairs for final action. DONE AND ORDERED this 17th day of September, 2008, in Tallahassee, Leon County, Florida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 17th day of September, 2008. COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Tracey I. Arpen, Jr., Esquire City of Jacksonville 117 West Duval Street, Suite 480 Jacksonville, Florida 32202-3700

Docket for Case No: 07-004169GM