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FINAL ORDER NO.t J)€All-GM-065

I,

STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS,:

DEPARTMENT OF COMMUNITY AFFAIRS,

Petitioner,

vs. Case No. 09-7048GM

CITY OF TALLAHASSEE and LEON COUNTY,

Respondents.

,;/

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 City of Tallahassee's ("City") and Leon County's ("County") Comprehensive Plan Amendments revising Capital Improvements Element Policy 1.2.2.1.c by Ordinance No. 09-O-43AA adopted by the City, and Ordinance No 09-36 by the County, on October 13, 2009, are "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 and County to adopt certain remedial amendments. The City and County adopted the remedial amendments by Ordinance Nos. 10-0-56 and 10-31 on December 8 and 14, 2010, respectively.

FINAL ORDER NO. DCAll-GM-065

On February 22,2011, the Department published its Cumulative Notice oflntent to find the Plan Amendments and the remedial amendments to be "in compliance" with Chapter 163, Part II, Florida Statutes, and Rule 9J-5, Florida Administrative Code. No party filed a challenge to the remedial amendments adopted by Ordinance Nos. 10-0-56 and 10-31 within the 21-day challenge period.

The Department subsequently filed with the Division of Administrative Hearings a Notice of Filing Cumulative Notice oflntent and Request to Relinquish Jurisdiction on March 11, 2011. On March 21, 2011, the Administrative Law Judge issued his 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.

DEPARTMENT OF CO

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

FINAL ORDER NO. DCAll-GM-065

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)(l)(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 BOULEYARD, 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. DCAll-GM-065

CERTIFICATE OF FILING AND SERVICE

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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 to the persons listed below in the manner described, on this

day of April, 2011.

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Paula Ford

Agency Clerk

Florida Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

U.S. Mail:

The Honorable J. Lawrence Johnston Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, FL 32399-3060

Linda Hudson City of Tallahassee

1. South Adams Street, No. A5 Tallahassee, FL 32301-1731

   
   

   Laura Youmans Leon County

2. South Monroe Street, Room 202

Tallahassee, FL 32301-1803

Hand Delivery:

Matthew Davis

Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Blvd.

Tallahassee, Florida 32399

Docket for Case No: 09-007048GM

Orders for Case No: 09-007048GM