FINAL ORDER NO. DCA09-GM-040 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, Vv. Case No. 08-2619GM CITY OF APOPKA, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceeding to determine whether the City of Apopka (“City”) comprehensive plan amendment No. 4, adopted by Ordinance No. 1855 on February 20, 2008 is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The Department filed its Statement of Intent to find the plan amendment adopted by Ordinance No. 1855 to be 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 * On January 21, 2009 the City adopted Ordinance No. 2104, which rescinded the plan FINAL ORDER NO. DCA09-GM-040 amendment at issue in this proceeding. The Department subsequently voluntarily dismissed its Petition. On January 27, 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, My Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 FINAL ORDER NO. DCA09-GM-040 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. FINAL ORDER NO. DCA09-GM-040 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned designated Agency Clerk, and that true and cogrect copies have been furnished to the persons listed below in the manner described, on this S > day of February, 2009. {be Paula Ford Agency Clerk 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 Frank C. Kruppenbacher, Esq. Frank Kruppenbacher, P.A. 9064 Great Heron Circle Orlando, Florida 32836-5483 Nicole Guillet, Esq. City of Apopka 390 North Orange Avenue Suite 1400 Orlando, FL 32801-4961 Hand Delivery Matthew Davis, Esq. Assistant General Counsel Department of Community Affairs Exhibit A STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, CITY OF APOPKA, Respondent. eee ) ) ) ) ) vs. ) Case No. 08-2619GM ) ) ) ) ) ORDER CLOSING FILE This cause came before the Administrative Law Judge on the Motion for Voluntary Dismissal filed by the Department of Community Affairs. Having reviewed the motion, and being otherwise fully 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 27th day of January, 2009, 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 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 27th day of January, 2009. COPIES FURNISHED: Leslie E. Bryson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Frank C. Kruppenbacher, Esquire Frank Kruppenbacher, P.A. 9064 Great Heron Circle Orlando, Florida 32836-5483 Matthew G. Davis, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Nicole Guillet, Esquire City of Apopka 120 East Main Street Apopka, Florida 32703

Docket for Case No: 08-002619GM