Jul 28 2009 10:36 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE 41/88 FINAL ORDER NO. DCA09-GM-268 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and THE DEPARMENT OF THE NAVY; and PROTECT KEY WEST AND THE FLORIDA KEYS, INC., d/b/a LAST STAND; Tntervenors, v. DOAH CASE NO. 08-2035 GM MONROE COUNTY, FLORIDA, Respondent, and ROBBIE’S SAFE HARBOR MARINE ENTERPRISES, INC.; SAFE HARBOUR PROPERTIES, LLC; KW RESORT UTILITIES CORP.; and NEW STOCK ISLAND PROPERTIES, LLC, Tntervenors. 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 hereto as Exhibit A. BACKGROUND This is a proceeding to determine whether the Monroe County (“County”) comprehensive plan amendment adopted by Ordinance No. 008-2008 on February 4, 2008, (“Amendment”) is Jul 28 2009 10:36 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE @2/ae ; FINAL ORDER NO. DCA09-GM-268 “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Chapter 163, Part II, Florida Statutes. The Department reviewed the Amendment, issued its Notice and Statement of Intent to find the Amendment not “in compliance,” and subsequently filed its Petition for a Formal Administrative Hearing with the Division of Administrative Hearings (“Division”). Following the referral to the Division, the parties requested that the matter be placed in abeyance for settlement negotiations. On June 17, 2009, the County adopted Ordinance No. 025-2009, which rescinded the Amendment. The County and the Department filed with the Division a Joint Corrected Status Report with a copy of Ordinance No. 025-2009 attached and incorporated therein. On July 7, 2009, the Administrative Law Judge issued the Order Closing File. No exceptions to the Administrative Law Judge’s Order were filed. 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 in Tallahassee, Florida. Shaw P. Stiller, General Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jul 28 2009 10:37 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE 83/88 FINAL ORDER NO. DCAQ9-GM-268 NOTICE OF RIGHTS BACH 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. Jul 28 2009 10:37 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE @4/ae FINAL ORDER NO. DGA09-GM-266 CERTIFICATE OF FILING AND SERVICE LHEREBY 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 Waite have been furnished to the persons listed below in the manner described, on this ay of July, 2009. a Zp 2 Paula Ford fency Clerk Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 U. §. Mail: Jerry Coleman, Esq- Jerry Coleman, PI. 201 Front Street, Suite 203 Key West, Florida 33041 Derek V. Howard, Esq. Monroe County Attorney's Office 1111 12" Street, Suite 408 Key West, Florida 33040 Barton W. Smith, Esq. Barton Smith, P.L. 309 Whitehcad Street Key West, Florida 33040 Richard E. Grosso, Esq. Everglades Law Center, Inc. 3305 College Avenue Fort Lauderdale, Florida 33314 Robert N. Hartsell, Esq. Everglades Law Center, Inc. 818 U.S. Highway 1, Ste. 8 North Palm Beach, Florida 33408-3857 Sherry A. Spiers, Esq. Robert C. Apgar, Esq. Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Jul 28 2009 10:37 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE @5/@8 FINAL ORDER NO. DCA09-GM-266 Richard Barfield, Esq. Navy Office of the General Counsel Naval Facilities Engineering Command Southeast United States Navy Box 30, Building 903 Jacksonville, Florida 32212-0102 Hand Delivery: Richard E. Shine, Esquire L. Mary Thomas, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Jul 28 2009 10:37 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE 86/88 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, and PROTECT KEY WEST AND THE FLORIDA KEYS, INC., d/b/a LAST STAND AND THE DEPARTMENT OF THE NAVY, Intervenor, vs. Case No. 08-2035GM MONROE COUNTY, Respondent , and ROBBIE”"S SAFE HARBOR MARINE ENTERPRISES, INC.; SAFE HARBOUR PROPERTIES, LLC; AND KW RESORT UTILITIES CORP., Intervenor. ORDER CLOSING FILE This cause having come before the Administrative Law Judge on the Corrected Status Report With Attachments wherein Monroe County rescinded the ordinance that was the subject of the challenge by the Petitioner, 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. Jul 28 2009 10:37 7/28/2689 16:28 B589222679 DCA LEGAL PAGE 87/88 DONE AND ORDERED this 7th day of July, 2009, in Tallahassee, Leon County, Plorida. BRAM D. E. CANTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32395-3060 (@50) 488-9675 Fax Filing (850) 921-6847 www. doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 7th day of July, 2009. COPIES FURNISHED: Richard E. Shine, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399+2100 Robert N. Hartsell, Esquire Everglades Law Center 818 U. &. Highway 1, Suite 8 North Palm Beach, Florida 33408 Richard J. Grosso, Esquire Everglades Law Center, Inc. 3305 College Avenue Fort Lauderdale, Florida 33314-7721 Sherry A. Spiers, Esquire Greenberg Trauriq, P.A. Post Office Box 1838 Tallahassee, Florida 32302 Derek V. Howard, Esquire Monroe County Attorney”s Office 1111 12th Street, Suite 408 Key West, Florida 33040 Jul 28 2009 10:37 a7/2e/28e89 18:28 B589222679 DCA LEGAL PAGE @8/ae Jerry Coleman, Esquire Jerzy Coleman, PL 201 Front Street, Suite 203 Key West, Florida 33040 Richard Barfield, Esquire Navy Office of the General Counsel Naval Facilities Engineering Command Southeast Unites States Navy Box 30, Building 903 Jacksonville, Florida 33312

Docket for Case No: 08-002035GM

Orders for Case No: 08-002035GM