STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS

DEPARTMENT OF COMMUNITY AFFAIRS,

Petitioner,

VS. Case No. 10-8288GM

CITY OF VENICE,

Respondent,

and

VENICE HMA, LLC, d/b/a VENICE REGIONAL MEDICAL CENTER

Intervenors.

                                                             !

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 Venice Comprehensive Plan Amendment 10-lER, adopted by Ordinance 2010-08 on June 8, 2010, as remediated by Comprehensive Plan Amendment

10-Rl, adopted by Ordinance 2010-21, on October 26, 2010, is "in compliance" with the Local Government Comprehensive Planning and

Filed January 3, 2011 12:02 PM Division of Administrative Hearings

Land Development Regulation Act, Ch. 163, Part II, Florida Statutes (the "Act").

The Department and the City entered into a Stipulated Settlement Agreement which required the City to adopt certain remedial amendments. The City adopted the remedial amendments 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 9J-5, Florida Administrative Code.

No affected person, as defined by Section 163.3184(1) (a), Florida Statutes, filed a petition challenging the Cumulative Notice, and the time for doing so has expired. On December 27, 2010, intervenor Venice HMA, LLC, d/b/a Venice Regional Medical Center expressed no objection to the closing of this case.

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 P. , ral Counsel DEPARTMENT OF COMMUNITY AFFAIRS

2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100

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 :2 d day of::;;:,,,t,: "'J' 20Jj

.   Li?     

Paula Ford

Agency Clerk

By 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

By Electronic Mail

Linda Shelley, Esquire Fowler White Boggs PA PO Box 11240

Tallahassee, Florida 32302-3240

lshelley@fowlerwhite.com

Jeffery A. Boone, Esquire 1001 Avenida Del Circa PO Box 1596

Venice, Florida 34284-1596

jboone@boone-law.com

Lynette Norr

Assistant General Counsel Department of Community Affairs Lynette.norr@dca.state.fl.us

4

Docket for Case No: 10-008288GM

Orders for Case No: 10-008288GM