FINAL ORDER NO. DCA08-GM-349 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, v. DOAH Case No. 08-2667GM CITY OF FREEPORT, Respondent, and THE STERLING COMPANIES, LLC., Intervenor. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings 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 City of Freeport (“City”) Comprehensive Plan Amendment 08-RAEC1, adopted by Ordinance No. 08-01 on March 11, 2008, is “in compliance” with the Local Government Comprehensive Planning and Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the “Act”). The parties entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments and the Department of Community Affairs (“Department”) subsequently published a Cumulative Notice FINAL ORDER NO. DCA08-GM-349 of Intent to find the original plan amendment and the remedial amendment “in compliance” with the Act. The Department then filed a Motion to Close File and Relinquish Jurisdiction. The Administrative Law Judge issued an 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, Myr Counsel DEPARTMENT OF COMMUNITY AFFAIRS 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. FINAL ORDER NO. DCA08-GM-349 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 ont a copies have been furnished to the persons listed below in the manner described, on this,24 ry of / dete thh 172008. Paula Ford Agency Clerk U.S. Mail: Hand Delivery: The Honorable Donald R. Alexander Kelly A. Martinson, Esq. Administrative Law Judge Assistant General Counsel Division of Administrative Hearings Department of Community Affairs The DeSoto Building 2555 Shumard Oak Boulevard 1230 Apalachee Parkway Tallahassee, Florida 32399-2100 Tallahassee, Florida 32399-3060 Clay Adkinson, Esq. City Attorney City of Freeport P.O. Box 1207 DeFuniak Springs, Florida 32435-1207 Robert C. Apgar, Esq. Adam G. Schwartz, Esq. Greenberg Traurig, P.A. 101 E. College Ave. Tallahassee, Florida 32301 RECEI STATE OF FLORIDA . 8 me DIVISION OF ADMINISTRATIVE HEARINUBV 2 | ‘ SOMMUNITY AFFAIRS CEPT OF oon 1SEL'S OFFICE GENERAL CON" DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vs. Case No. 08~-2667GM CITY OF FREEPORT, Respondent, and: THE STERLING COMPANIES, LLC, Intervenor. etlneetliee tected i ea ek en ree ORDER CLOSING FILE This cause having come before. the undersigned on Petitioner's Motion to Close File and Relinquish Jurisdiction, and the undersigned being fully advised in the premises, it is, therefore, : ORDERED that: 1.» Petitioner's motion is granted. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed and jurisdiction is relinquished to the agency. ‘DONE AND ORDERED this 24th day of November, 2008, in Tallahassee, Leon County, Florida. VS eaane © Despont : DONALD R. ALEXANDER 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 24th day of November, 2008. COPIES, FURNISHED: Kelly A. Martinson, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Clayton J.M. Adkinson, Esquire City of Defuniak Springs Post Office Box 1207 Defuniak Springs, Florida 32435-1207 Adam Grant Schwartz, Attorney Greenberg Traurig, P.A. 101 East College Avenue ; Tallahassee, Florida 32301-7742

Docket for Case No: 08-002667GM