& 4 Se Fn OF rs STATE OF FLORIDA Oe, % LS DEPARTMENT OF COMMUNITY AFFAIRS GEE J Pe tw DEPARTMENT OF COMMUNITY ; he ns Op AFFAIRS, ay oan Petitioner, v8. DOAH CASE NO. 07-5114GM TOWN OF DAVIE Respondent, / 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 isa proceeding to determine whether the Town of Davie (Town) adoption of Ordinance No. 2007-20 (amendment to the Comprehensive Plan), which includes the Town’s 07-CIE1 adopted amendment consisting of the required annual update of the “Five year Schedule of Capital Improvements within the Capital Improvements Element” (financial feasibility), on August 15, 2007, is in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). FINAL ORDER NO. DCA 08-GM-356 All parties to this proceeding entered into a Stipulated Settlement Agreement which required the Town to adopt certain remedial amendments. The Town adopted the remedial amendments through Ordinance No. 2008-29 and the Department subsequently published its Cumulative Notice of Intent to find the Plan Amendment and the Remedial Amendment to be “in compliance” with Chapter 163, Part II, Florida Statutes, and Rule 935, Florida Administrative Code. A copy of Ordinance No. 2008-29 is attached as Exhibit B to this document. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. A copy of this Motion is appended hereto as Exhibit C. The Administrative Law Judge issued the Order Closing File (copy attached hereto). 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 Stiller, a Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 FINAL ORDER NO. DCA 08-GM-356 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. 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 eee are. U.S. Mail to each of the persons listed below on L this Vy, day of December, 2008. Paula Ford gency Clerk Page 3 of 4 FINAL ORDER NO. DCA 08-GM-356 J. Lawrence Johnston Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway - Tallahassee, Florida 32399-3060 John C. Rayson, Esquire (Town of Davie) Law Office of John C. Rayson 2400 East Oakland Park Boulevard Second Floor Fort Lauderdale, Florida 33306-1102 Samuel Dean Bunton (Hand Delivery) Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, Florida 32399-7018 Page 4 of 4 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 07-5114GM TOWN OF DAVIE, Respondent . ORDER RELINQUISHING JURISDICTION AND CLOSING FILE This cause having come before the undersigned on Petitioner Department of Community Affairs' Motion to Close File and Relinquish Jurisdiction filed December 5, 2008, and the undersigned being fully advised, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is hereby relinquished to the Department of Community Affairs. DONE AND ORDERED this 5th day of December, 2008, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 5th day of December, 2008. COPIES FURNISHED: Samuel Dean Bunton, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 John C. Rayson, Esquire Law Office of John C. Rayson 2400 East Oakland Park Boulevard Second Floor Fort Lauderdale, Florida 33306-1102 ORDINANCE_ 2008-29 AN ORDINANCE OF THE TOWN OF DAVIE, FLORIDA, ADOPTING REVISED - APPLICATION LA(TXT) 4-3-07, AMENDING THE TOWN OF DAVIE ~ COMPREHENSIVE PLAN BY UPDATING THE CAPITAL IMPROVEMENTS ELEMENT WITH THE ADOPTED 5-YEAR CAPITAL PROJECTS PROGRAM FOR FY 2007-2011 PURSUANT TO CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR FILING WITH THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 163.3177, Florida Statutes requires that local governments adopt a financially feasible annually updated five-year schedule of capital improvements as part of the Capital Improvements Element of the Comprehensive Plan; and WHEREAS, the Town of Davie adopted by Resolution (#2006-299) the 5-year capital projects program for the Town of Davie for fiscal years 2007-2011; and WHEREAS, the Town of Davie adopted LA(TXT) 4-3-07 (Ord. #2007-20) an amendment to the Capital Improvements Element of the Comprehensive Plan incorporating the revised 5-Year Capital Projects Program for FY 2007-2011; and WHEREAS, on October 16, 2007 the Department of Community Affairs determined that the update to the Capital Improvements Element adopted via Ordinance 2007-20 was not in compliance with the requirements of Chapter 163, Part II, F.S. due to the lack of financial feasibility of certain projects listed within the Five-Year Capital Projects Program FY 2007-2011; and WHEREAS, in an attempt to overcome DCA objections the Town of Davie adopted by Ordinance (#2008-6) the revised 5-year capital projects program for the Town of Davie for fiscal years. 2007-2011; and - WHEREAS, in an attempt to overcome DCA objections the Town of Davie adopted LA(TXT) 4- 3-07 (Ord. #2008-7) a revised amendment to the Capital Improvements Element of the Comprehensive Plan incorporating the revised 5-Year Capital Projects Program for FY 2007-2011; and WHEREAS, upon resubmittal of the revised amendment LA(TXT) 4-3-07 to the Department of Community Affairs, seven projects were determined to have funding sources not financially feasible pursuant to Chapter 163; and WHEREAS, on July 16, 2008 the Town received a settlement agreement from DCA indicating that Exhibit A contains the remedial actions needed for compliance; and WHEREAS, the Town Council of the Town of Davie wishes to revise application LA(TXT) 4-3- 07, to incorporate the revised adopted Five-Year Schedule of Capital Projects Program for FY 2007- 2011 in order to satisfy the requirements of the law pursuant to Chapter 163, Florida Statutes and the provisions of the stipulated settlement agreement; and WHEREAS, the Town Council of the Town of Davie held a public hearing duly advertised as required by Chapter 163.3184, F.S. on August 6, 2008 and on the date of adoption of this Ordinance; and WHEREAS, the Town Council of the Town of Davie desires to adopt the revised Comprehensive Plan Amendment (LA(TXT) 4-3-07) provided herein and transmit same to the State of Florida Department of Community Affairs (DCA) for a compliance review. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF DAVIE, FLORIDA. SECTION 1. The Capital Improvements Element of the Town’s Comprehensive Plan is hereby amended as set forth on Exhibit “A”, attached hereto and made a part hereof. SECTION 2. The Town Council hereby authorizes the appropriate Town officials to submit the appropriate number of copies of this ordinance and the Town’s Comprehensive Plan, as amended herein, to the State of Florida Department of Community Affairs and to any other governmental agency having jurisdiction with regard to the approval of same in accordance with and pursuant to Chapter 163, Florida Statutes. SECTION 3. All Ordinances or parts of Ordinances in conflict herewith are to the extent of such conflict hereby repealed. SECTION 4. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion of this Ordinance. SECTION 5. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, F.S. PASSED ON FIRST READING THIS__&°__ DAY OF Gag uk __ , 2008 PASSED ON SECOND READING THIS __ 2 ca DAY ATTE$T: TOWN CLERK APPROVED THIS _20" _ DAY OF Ou waht , 2008 Exhibit ‘a’ TABLE-V] 1-6.--Capital-Improvements Needs t. f Devie1994-2000 : . c Project Description Year 105%) Prog | i Griffi-Read—trom-Pine-Island 980 14,660 (StateRead-fhomStirling Rd. 96-97 2806 (Nove-Drive fom University Dr, ~ _ te fba ag Srees ‘Shenandoah RPERPRESPRELRERREES SPRERE Ew CUs af OPPRPEROdQagHaDagga PSST ARTI PSM THAT DIETER PUT S OMES TAG EIT HOT t LETT STAVDY GaArITTIOT| PATS = VPS TY TTT OUT, WVOt-Z007 AH JITOTZ Matiaagiduly jeyde,y, Town of Davie CAPITAL IMPROVEMENT PROJECT DETAIL SHEET FOR FISCAL YEAR 2007 - 2011 PROJECT LOCATION MAP : = ao PROJECT NUMBER: PROJECT LOCATION: Elamingo Road. These improvement based on a URS stud ted in 2! A lof the total projects costs will be originated from state and private funds. 5 g 5 3 : a 3 ow a EXPENDITURE SCHEDULE (000'S): do not use less than $1,006 ACCOUNT NUMBER: COSTS lanning, Design, Permitting ind Acquisition ite Work Improvements onstruction 2 2. TOTAL UNDING SOURCES & SCHEDULE (000'S) ee : ee SD ee SSeS Grants so $325,000 OPERATING BUDGET IMPACT (000'S) 3rd Year Personne! $$$ Operation & Maint SSS] project Approval Date Other Coss $$$ OT EConstrustion Start Date JOffsetting Revenue/Savings | | Project Completion Date INETOPERATING PACT | SOT $0] 80 JPROJECT COST (000'S) es Se | { 2 Developer Contributions Grove Creek Developer Agreement (Flamingo Plat), R-2003-229 (executed May 4, 2004), $11,000; Montessori Institute, R2006-35 (executed December 15, BET XLS VIE-13.2 Reviewed by BAG, FOR FISCAL YEAR 2007-2011. PROJECT IDENTIFICATION PROJECT LOCATION MAP USER DEPARTMENT: Development Services / Planning & Zonin ME: PROJECT INFORMATION IDESCRIPTIONJUS TIFICATION: . Project inchides the design and construction of 17 pedestrian transit shelters within the RAC along Jniversity Drive, Davie Rd/Davie Rd Extension, and Griffin Road. The shelters will have a consistent design theme and will be small, medium or large depending on avatlable right-of-way and public transit at the site, This project is paid for through Federal Transportation Enhancement Funding. The project | promote anism, biking, and the use of public transit, while also improving the aestheti ushaoal sais meas ns mesa RELATIONSHIP TO OTHER PROJECTS The project builds upon the current RAC Master Plan and Mobility Study, and may serve t implement recommendations related to mass transit and multi-modal transportation. ~~ Pedestrian/Transit Shelters " ACCOUNT NUMBER: to Date Total _FY07 FY08 FY09 ms Fas] 5 5 2 zg 5 é we 9 icf fel a a i s —} 2 oe, So 3 FA 3 3 g 3 2 Ss =o i fy lannng, Design, Peratng [86 [$52,500] 20606 [$32,500 | usin YA a ae Se Site Work improvements [so 0 consineton so a5i,000 [| soo | a PS CY Ty cS cc a 0 TROD ET 'S) cI a Zi Z| 4 oO; fs} $ a wn & & & fs Ss é 7 | bed a Nal x iS = 3 S w i o oe ray 8 neral Fund Capital Ouila A ED SS ES Current Approved Bonds a dS Enterprise Fund 80 Grants 8580 [$20,000 $107,000 | $238,000; SsdYSSd enterprise Fund OPC Himpact Fees O80 a OE CY A A SE EINFUNDED O80 OO TOTAL SC*dCCS 8 Es = $365,000 $107,000 [__ $238,000 OPERATING BUDGET IMPACT (000'S GEN FORMATION ; Operation & Maint, $55 P3500] Other Costs $$$ pT Construction Start Date Offsetting Revenue/Saving pT Priest Completion Date INET OPERATING IMPACT $3,200 JPROJECT COST (000'S) $363,000 Budgeted costs include consultants/public meetings to outline design themes and placement, project design & engineering (PD&E), survey work, architect fees, permitting, construction, construction engineering and inspection costs. Current estimates are fof ? small shelters to be constructed at $8000 cach, § jmedium sheiters at $15,500 each, and 5 large shelters at $25,600 each, These estimates may change as planning and placement activities occur, Ad budgeted items include ADA compliant access paths, benches, bike racks, receptacics and landscaping. XAEXCELCIP DETAIL SHEET XLS VII-13.3 BEVISION SG OF 510956 tS Reviewed by BAC: Town of Davie CAPITAL IMPROVEMENT PROJECT DETAIL SHEET FOR FISCAL YEAR 2007 - 2011 PROJECT IDENTIFICATION : PROJECT LOCATION MAP Public Works PROJECT NUMBER: PROJECT LOCATION: PROJECT INFORMATION EXPENDITURE SCHEDULE (000'S): do not use less than $1,000 . : costs Total tanning, Design, Permitting [s7so00] SO] ind Acquisition es ite Work Improvements ) ‘onstruction . $325,000 $925,000 ‘urnishings/Equipment [0] ) Accrual Ss) 3 " Accrual TOTAL ; General Fund Capital Outla: Current Approved Bonds Enterprise Fund terprise Fund pact Fees INFUNDED ; SO OTAL $600,000 | $925,000] __$925,0 ANG fre} | [S300 [5400 | Td j [$400] _—_=—«$600 |PROJECT COST (000'S) $625,000 2004 CBA Bend funded On A 2007 - Hiatus Road and Orange Drive XSEXCELCIP DETAIL SHEET XLS ~ REVISION 32 OF 0109/06 VII-13.6 Reviewed by BAC: fe t-, TA SOHCAY CATO BURMA TTA TSEC AT SOT TT TAT BT] Town of Davie CAPITAL IMPROVEMENT PROJECT DETAIL SHEET FOR FISCAL YEAR 2007 - 2011 - PROJECT IDENTIFICATION PROJECT LOCATION MAP USER DEPARTMENT: PROJECT NAME: PROJECT NUMBER: DESCRIPTIONJUSTIFICATION: Develop park site to meet requirements of Florida Communities Trust Grant and Broward County Land Preservation Bond Fund Program Acquisitions Funding Agreements to include: fitness trail, nature trail, horse trail, canoe launch, playground, picitic area, mulipurpose play field, floating boardwalk, observation platform, gazebo, fishing pier, wedland restoration, upland forest restoration, renovate exisimg buiidings for use as nature conservation center/museunveducational works! p. z 5 g g 5 3 [s] FA wp 3 & 8 3 EXPENDITURE SCHEDULE (6000'S): do not use less than $1,000 ACCOUNT NUMBER: .. _ ‘opate_| Tous | evn | ve | rv | ru rvos svi Planning, Design, Permitting | —SSSC*;CSCSC«S 60,000 $50,000] 810,000 TT ltand Acquisition P| OTC iSite Work Improvements _——s«| | __ $295,000] $60,000] $120,000] 100,000] sisooo| _—_| [Construction dt | $570,000 F $55,000 | $115,000] $200,000] $200,000] —_—~+! Accrual OT CSCCSSC“‘i(RSCOSd 4 OTAL SOT 5925, 000 | $165,000] $255,000 | $300,000] $295,000] __$9| 3] UNDING SOURCES & SCHEDULE (000'S) TP JUNFUNDED dL SS*~=«S985,000 $165,900 | $235,000 | $300,000 $225,000 fOoTAL sd $165,000 | $235,000 | $300,000] _$225,000| $04 w £9 n ey Ss ro) OPERATING BUDGET IMPACT (000'S) 3rd Year Personnel $$$ Project Approval Date Construction Start Date Project Completion Date Other Costs $$$ Slolo aiais Blo1s ZT lee & |ert, 8 2/S 8] IF #1 1g 5 Z fa ey fe) “~o ™ 5 FA a g 3 f 3 See attached development cost detail. . eres . ; beac erieTr eae VEE-13.9 Reviewed by BAC Town of Davie CAPITAL IMPROVEMENT PROJECT DETAIL SHEET FOR FISCAL YEAR 2007 - 2011 PROJECT LOCATION MAE USER DEPARTMENT: Parks & Recreation Department PROJECT NAME: . Man Kirk Site Develop PROJECT NUMBER: IPROJECTLOCATION: __. 1750 SW 136th Avenue a Development of 115 acre wetland/upland preserve to include a 15 acre improved park area, 82 acres of wetland area and 18 ecres of perimeter berming and equestian/nature trails. Improvement detail attached. ELATIONSHIP TO OTHER PROJECTS: | EXPENDITURE SCHEDULE (000'S): do not use less than $1,000 : _ACCOUNT NUMBER: COSTS to Date Total FY07 Fy08 Fy09 FY10 $308,869 $30,000 Pd land Acquisition =» ~——SCS~s~C 9000S] Site Work Improvements ——s

V LISIHXS AVIA Vs pec, FOR FISCAL YEAR 2007 - 2011 UTILITIES Raw Water Production Well-South Plant (Two wells 3500 NW 76 Avenue PROJECT INFORMATION JDESCRIPTIONAUSTIFICA TION: Two new raw water wells to meet future capacity Water production has decreased over ume and more water is needed to meet future demand. These wells are needed in order 'o provide future capacity and redundancy for the Town's raw water supply. a RELATIONSHIP TO OTHER PROJECTS INo other relationship "S): do not use less than $1,000 3 Ns " - ae ai ‘FYO7 “FY08 Planning, Design, Permitting a aed Ani ee [Site Work improvements TO] = ee a a 1 a ee [Accrual cof ——— FUNDING SOU RCES & SCHEDULE (000'S) Genera Fand Capi Oxley iCurrent Approved Bonds SECT Td EnemrseFind | 90 [Grants 0 te Hempoct Fees eRe ————_} |} Bow seme fos) JUNFUNDED potaL ar a} | | af] i] OPERATING BUDGET IMPACT os GENERAL INFORMATION == Permitting Required Yes [Operation & Maint $85 | S*dC=CC~S*«S 2.80 | —82,800 [Project Approval Date, a [__}Constracton Start Date [Protect ect ‘Completion Date Date See OPERATING IMPACT $2,800 p x $392,000 = Ondesignated, Unreserved Retained Eamings. Note that undesignated. unreserved retained earnings art resources that are available for appropnation from he accumulation of revenues over expenses in pnor yeurs that have not already been designated for a particular purpese. ne — EXCEL BEE REAL SHEET XLS VII-13 19 Renewed by BAC Pursuant to Rule 9J-5.016(4)(a)L.b., F.A.C., the Five-Year Schedule of Capital Improvements must include a demonstration of consistency with the individual elements of the Town’s Comprehensive Plan. Although this is not indicated on the FY 2007-2011 Schedule itself, the following goals, objectives and/or policies of the Comprehensive Plan have been identified as being consistent with certain projects in the Schedule: Capital Project Item Consistency with other Plan Elements ~Pedestrian-Transit Shelters 2007 See Transportation Element, Policy 6.1.3. ‘-Sunny Lake Bird Sanctuary Park See Future Land Use Element, Policy 11-7 & Development 2007, Van Kirk Site See Recreation. Open Space and Conversation Element, Goal 3 Development 2007 nai -Recreational Trails 2007, See Recreation, Open Space and Conversation Element, Goal 2 Equestrian Trails 2007 & Future Land Use Element, Policy 11-6 and 11-7 Unfunded Projects Projects listed in the “Unfunded” category means that funding for these projects is not yet identified within the Town’s budget for the foreseeable future. Town officials may be carefully evaluating and considering various funding scenarios for these projects, but specific details and revenues have not been secured. These “unfunded” projects are a valuable planning tool in that they identify very important needs and long-term initiatives that the Town must continue to evaluate and allow for future lanning consistent with the priorities of future Town Councils, citizen input, and the Town’s Comprehensive Plan. In addition, subsequent Five Year Schedules of Capital Improvements ad the Town will identify the projects needed to achieve or maintain adopted level of service standards for public facilities. These schedules of capital improvements will include committed funding sources in the first three years and committed or planned sources of funding for years four and five as defined in Section 163.3164(32), F.S. and described in Section 163.3177(3)(a)5, F.S. _ Town of Davie Unfunded Projects List Project Location | Project Cost (S Sewering Utilities Entire Service Area 15,000,000 Unsewered Areas VH-13.20 Dec 5 2008 0:49 12/05/2888 @1:41 8509222679 DCA LEGAL PAGE 61/64 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Vv. DOAH Case No, 07-5114GM TOWN OF DAVIE Respondent. / PETITIONER DEPARTMENT OF COMMUNITY AFFAIRS’ MOTION TO CLOSE FILE AND RELINQUISH JURISDICTION Petitioner State of Florida Department of Community Affairs (Department), pursuant to Rule 28-106.204, Florida Administrative Code, hereby files this Motion to Close File and Relinquish Jurisdiction, and states: 1. On August 20, 2008, The Town of Davie adopted certain remedial comprehensive plan amendments by Ordinance 2008-25 pursuant to a Stipulated Settlement Agreement. The Stipulated Settlement Agreement with attachments was filed with the Division of Administrative Hearings on August 11, 2008. 2. The Department reviewed these remedial amendments, determined that they fully address the compliance issues raised in this matter, and issued a Cumulative Notice of Intent on September 21, 2008 (date of publication), to find the amendments 1 Dec 5 2008 0:49 12/05/2008 1:41 9589222679 DCA LEGAL PAGE 62/84 subject to this proceeding, as remediated, in compliance. A true and correct copy of the Cumulative Notice of Intent is attached hereto as Exhibit A. 3. The Town of Davie and the Department were the only parties to this proceeding. All of the parties signed the stipulated settlement agreement. No other party has filed a petition regarding the Cumulative Notice, and the time for doing so has expired. Accordingly, there is no need to realign parties and continue this matter under the authority of Sections 163,.3184(9) & 163.3184(16) (f#)1., Florida Statutes. All parties agree this file should be closed at the Division of Administrative Hearings, and jurisdiction should be relinquished back to the Department for the entry of a Final Order. WHEREFORE, the Department respectfully requests that this Motion to Close File and Relinquish Jurisdiction be granted; that this file be closed at the Division of Administrative Hearings; that jurisdiction be relinquished to the Department; and that such other relief consistent with this Report and Motion be granted as is just and fair. Dec 5 2008 0:49 12/85/2088 @1:41 8509222679 DCA LEGAL PAGE 83/84 Respectfully submitted on this 5th December, os. Samuel Dean Bunton Assistant General Counsel Florida Bar Number 0879207 Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (850)488-0410 Phone (850) 922-2679 FAX CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished to each o s listed below by E- Mail attachment on this 5™ day of 2008 Sdmuel Dean Bunton John C. Rayson, Esquire Law Office of John C. Rayson Counsel for the Town of Davie 2400 E. Oakland Park Blvd. Fort Lauderdale, Florida 33306-1102 Phone Number: 954-566-8855 Pax Number: 954-566-8902 E-mail: RAYSON2000@a0l.com Dec 5 2008 0:50 12/85/2888 @1:41 8509222679 DCA LEGAL PAGE 04/04 EXHIBIT Published in Sun Sentinel on September 21, 2008. j A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND THE TOWN OF DAVIE COMPREHENSIVE PLAN AMENDMENT AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO. 08R1-NOI-0606-(A)-(1) - The Department issues this cumulative notice of intent to find the Town of Davie Comprehensive Plan Amendment adopted by Ordinance No. 2007-20 on August 15, 2007, and the remedial amendment adopted by Ordinance 2008-29 on August 20, 2008, IN COMPLIANCE, pursuant to Scctions 163.3184, 163.3187 and 163.3189, F.S. The adopted Town of Davie Comprehensive Plan Amendment and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspection Monday through Friday, except for legal holidays, during normal business hours, at the Town of Davie, Development Services Department, 6591 Orange Drive, Davie. Florida 33314- 3399. Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an administrative hearing to challenge the proposed agency determination that the Remedial Amendments are In Compliance, as defined in Subsection 163.3184(1), F.S. The petition must be filed within twenty-one (21) days after publication of this notice, and must include all of the information and contents described in Uniform Rule 28-106.201, F.A.C. The petition must be filed with the Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399-2100 and a copy mailed or delivered to the local government, Failure to timely file a petition shall constitute a waiver of any tight to request an administrative proceeding as a petitioner under Sections 120.569 and 120,57, F.S, Ifa petition is filed, the purpose of the administrative hearing will be to present evidence and testimony and forward a recommended order to the Department. If no petition is filed, this Notice of Intent shall become final agency action. If a petition is filed, other affected persons may petition for leave to intervene in the proceeding, A petition for intervention must be filed at least twenty (20) days before thc final hearing and rust include all of the information and contents described in Uniform Rule 28-106.205, F.A.C. A petition for leave to intervene shall be filed at the Division of ; Administrative Hearings, Department of Administration, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any tight such a person has to request a hearing under Sections 120.569 and 120.57, FS., or to participate in the administrative hearing. After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 163.3189(3)(a), F.S., to any affected person who is made a party to the proceeding by filing that request with the administrative law judge assigned by the Division of Administrative Hearings. The choice of mediation shall not affect a party's right to an administrative hearing. -s- Mike McDaniel, Chicf Office of Comprehensive Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 07-005114GM

Issue Date	Proceedings
Dec. 24, 2008	Final Order filed.
Dec. 05, 2008	Order Relinquishing Jurisdiction and Closing File. CASE CLOSED.
Dec. 05, 2008	Petitioner Department of Community Affairs` Motion to Close File and Relinquish Jurisdiction filed.
Aug. 12, 2008	Order Continuing Case in Abeyance (parties to advise status by December 4, 2008).
Aug. 11, 2008	Notice of Filing Stipulated Settlement Agreement and Agreement and Request for Continued Stay of Proceedings filed.
Jun. 19, 2008	Order Continuing Case in Abeyance (parties to advise status by August 29, 2008).
Jun. 18, 2008	Status Report Due June 27, 2008, Joint Motion for Case Matter to be Continued in Abeyance Until August 29, 2008, filed.
Apr. 30, 2008	Order Continuing Case in Abeyance (parties to advise status by June 27, 2008).
Apr. 29, 2008	Status Report Due April 24, 2008 Joint Motion for Case Matter to be Continued in Abeyance Until June 27, 2008 filed.
Jan. 29, 2008	Order Continuing Case in Abeyance (parties to advise status by April 25, 2008).
Jan. 28, 2008	Status Report Due February 18, 2008 Joint Motion for Case Matter to be Continued in Abeyance Until April 25, 2008 filed.
Nov. 30, 2007	Notice of Appearance (filed by J. Rayson).
Nov. 27, 2007	Order Placing Case in Abeyance (parties to advise status by February 18, 2008).
Nov. 19, 2007	Notice of Unavailability filed.
Nov. 16, 2007	Response to Initial Order filed.
Nov. 08, 2007	Initial Order.
Nov. 07, 2007	Notice of Intent to Find the Town of Davie Comprehensive Plan Amendments Not in Compliance filed.
Nov. 07, 2007	Statement of Intent to Find Comprehensive Plan Amendment Not in Compliance filed.
Nov. 07, 2007	Department of Community Affairs` Petition for Formal Administrative Hearing filed.