& FINAL ORDER NO. DCA 08h & Ry Kp STATE OF FLORIDA opin, ~Y 4 DEPARTMENT OF COMMUNITY AFFAIRS DS, 4, 2 MELS PE! Or awh DEPARTMENT OF COMMUNITY Sy AFFAIRS, oe Petitioner, vs. DOAH CASE NO. 08-3157GM TOWN OF CUTLER BAY 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 is a proceeding to determine whether the Town of Cutler Bay (Town) adoption of Ordinance No. 08-07 (adoption of a comprehensive plan for the Town), which includes the “Town of Cutler Bay Miami-Dade County Coastal High Hazard Area” Map and Policy CM-8E in the Coastal Management Element, on April 28, 2008, 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-355 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 (Ordinance No. 08-17) 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 9J5, Florida Administrative Code. The Department subsequently filed a Motion to Close File and Relinquish Jurisdiction. A copy of this Motion is appended hereto as Exhibit B. 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, —_ Counsel DEPARTMENT OF COMMUNITY AFFAIRS 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Page 2 of 4 FINAL ORDER NO. DCA 08-GM-355 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 furnished by U.S. Mail to each of the persons listed below on this Wige of December, 2008. Paypta Ford gency Clerk Page 3 of 4 FINAL ORDER NO. DCA 08-GM-355 Donald R. Alexander Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Mitchell A. Bierman, Esquire Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134-6045 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. 08-3157GM TOWN OF CUTLER BAY, Respondent. - 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, it is, therefore, ORDERED that the file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Jurisdiction is hereby relinquished to the Department of Community Affairs. DONE AND ORDERED this 10th day of December, 2008, in Tallahassee, Leon County, Florida. 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 10th day of December, 2008. COPIES FURNISHED: Samuel Dean Bunton, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Mitchell A. Bierman, Esquire Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Boulevard Suite 700 Coral Gables, Florida 33134-6045 Dec 5 2008 1:21 12/05/2088 62:13 98589222679 DCA LEGAL PAGE 61/64 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS DEPARTMENT OF COMMUNITY AFFAIRS, Petitioner, vo DOAH Case No, 08-3157GM TOWN OF CUTLER BAY Respondent. / PETITIONER DEPARTMENT OF COMMUNITY AFFAIRS’ MOTION TO CLOSE FILE AND RELINQUISH JURISDICTION eee TN 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 Juriadiction, and states: 1. On September 17, 2008, The Town of Cutler Bay adopted certain remedial comprehensive plan amendments by Ordinance 08-17 pursuant to a Stipulated Settlement Agreement. The Stipulated Settlement Agreement with attachments was filed with the Division of Adminiatrative Hearings on September 29, 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 October 29, 2008 (date of publication), to find the amendments 1 Dec 5 2008 1:21 12/05/2088 62:13 9509222679 DCA LEGAL PAGE 92/84 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 Cutler Bay 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) (£)1., Florida Statutes. All parties agree this file should be closed at the Division of Administrative Hearings, and jurisdiction should. be xvelinquished back to the Department for the entry of a Final Order. WHEREFORE, the Depaxtment 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 1:21 12/05/2688 42:13 8589222679 DCA LEGAL PAGE 83/64 Respectfully submitted on thig 5th day.of December, 2008. 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 of the pes Mail attachment on this 5 day of ff 'S. Jan [Pier Samuel Dean Bunton Mitchell A. Bierman, Esquire Chad Friedman, Esquire Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. Counsel for the Town of Cutler Bay 2525 Ponce De Leon Blvd Ste 700 Coral Gables, Florida, 33134-6045 Phone Number: 305-854-0800 Fax Number: 305-854-0800 E-Mail: cfriedman@wsh-law.com Dec 5 2008 1:21 12/05/2088 42:13 8589222679 DCA LEGAL PAGE 84/04 EXHIBIT A PUBLISHED IN THE MIAMI HERALD ON 10/29/08 tabbies* STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS CUMULATIVE NOTICE OF INTENT TO FIND THE TOWN OF CUTLER BAY COMPREHENSIVE PLAN AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE DOCKET NO, 08-R1 -NOT-1336-(A)-(1) The Department issues this cumulative notice of intent to find the Town of Cutler Bay Comprehensive Plan adopted by Ordinance No. 08-07 on April 28, 2008, and the amendment adopted by Ordinance No. 08-17 on September 17, 2008, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, FS. The adopted Town of Cutler Bay Comprehensive Plan, the 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 Cutler Bay Town Hall, 10720 Caribbean Boulevard, Suite 105, Cutler Bay, Florida 33139, 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 right to request an administrative proceeding as a petitioner under Sections 120.569 and 120,57, B.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. Ifa 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 the final hearing and must 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 Management Services, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060. Failure to petition to intervene within the allowed time frame constitutes a waiver of any right such a person has to request a hearing under Scctions ’ 120.569 and 120.57, F.S., or to participate in the administrative hearing, After an administrative hearing petition is timely filed, mediation is available pursuant to Section 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 ri ght to ant administrative hearing. -8-Mike McDaniel, Chief Office of Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

Docket for Case No: 08-003157GM