FINAL ORDER NO. RCA 08-GM-173 bet? @ pe eb Ean & STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS co 20 Lun 27 P pp: i igpeaeh DEPARTMENT OF COMMUNITY ADM ISTRATIVE AFFAIRS, HEARINGS Petitioner, vs. DOAH Case No. 07-005148GM DESOTO COUNTY, Respondent, and DESOTO LAND HOLDINGS, LLLP; CHARLEE LLC; TURNER GROVES CITRUS LIMITED PARTNERSHIP; J.R. PAUL PROPERTIES, INC.; and V. C. HOLLINGSWORTH, ESTATE OF V. C. HOLLINGSWORTH, SR., V. C. HOLLINGSWORTH, JR, V. C. HOLLINGSWORTH, III, and VCH CITRUS, Intervenors. 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 Desoto County Comprehensive Plan Amendment 08-R1, adopted by Ordinance 2008-8, FINAL ORDER NO. DCA 08-GM-173 on May 8, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). All parties to this proceeding entered into a Stipulated Settlement Agreement which required the County to adopt certain remedial amendments. The County adopted the remedial amendments 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 9J-5, Florida Administrative Code. 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. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA 08-GM-173 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) (Cc) 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. DCA 08-GM-173 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 U.S. Mail to each of the persons listed below on this day of , 2008. aula 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 Howard C. Holtzendorf, Esquire Desoto County Attorney Office 201 East Oak Street, Suite 201 Arcadia, Florida 34266-4451 John C. Pelham, Esquire Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32301 Cathy M. Sellers, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Tallahassee, Florida 32302-1804 David L. Powell, Esquire Hopping Green & Sams Post Office Box 6526 Tallahassee, Florida 32314-6526 Page 4 of 5 Neale Montgomery, Esquire Neysa Borkert, Esquire Pavese Law Firm 1833 Hendry Street Fort Myers, Florida 33901 By Hand Delivery Lynette Norr Assistant General Counsel Department of Community Affairs FINAL ORDER NO. Page 5 of 5 DCA 08-GM-173 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 07-5148GM DESOTO COUNTY, Respondent, and DESOTO LAND HOLDINGS, LLP, CHARLEE LLC, TURNER GROVES CITRUS LIMITED PARTNERSHIP, AND J.R. PAUL PROPERTIES, INC.; V. C. HOLLINGSWORTH; ESTATE OF V. C. HOLLINGSWORTH, JR.; V. C. HOLLINGSWORTH, III; AND VCH CITRUS, Intervenor. ——— ORDER CLOSING FILE AND RELINQUISHING JURISDICTION This cause came before the Administrative Law Judge on Petitioner’s Status Report and Motion to Close File and Relinquish Jurisdiction in which it is reported that the parties executed a stipulated settlement agreement, Desoto County adopted remedial amendments pursuant to the agreement, a Cumulative Notice of Intent was issued, and no party has challenged the validity of the remedial amendments. Therefore, having considered the motion and being otherwise fully advised, it is wwe wr rr ewe eS HS SH SH SS ELS SLL 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 26th day of June, 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 26th day of June, 2008. COPIES FURNISHED: Lynette Norr, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Howard C. Holtzendorf, Esquire Desoto County Attorney Office 201 East Oak Street, Suite 201 Arcadia, Florida 34266-4451 John C. Pelham, Esquire Pennington, Moore, Wilkinson, Bell & Dunbar, P.A. 215 South Monroe Street, 2nd Floor Tallahassee, Florida 32301 Cathy M. Sellers, Esquire Broad and Cassel 215 South Monroe Street, Suite 400 Tallahassee, Florida 32302-1804 David L. Powell, Esquire Hopping Green & Sams Post Office Box 6526 Tallahassee, Florida 32314-6526 Neysa Borkert, Esquire Pavese Law Firm 1833 Hendry Street Fort Myers, Florida 33901 Neale Montgomery, Esquire Pavese Law Firm 1833 Hendry Street Fort Myers, Florida 33901

Docket for Case No: 07-005148GM