PUBLISHED IN DAYTONA BEACH NEWS JOURNAL ON JULY 8, 2008.

STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
CUMULATIVE NOTICE OF INTENT TO FIND THE
CITY OF PORT ORANGE COMPREHENSIVE PLAN AMENDMENT 08-PEFE1
AND REMEDIAL COMPREHENSIVE PLAN AMENDMENT IN COMPLIANCE
DOCKET NO. 08-R1-NOI-6414-(A)-(I)

The Department issues this cumulative notice of intent to find the City of Port Orange Comprehensive Plan Amendment 08-PEFE1 adopted by Ordinance No. 2008-2 on January 22, 2008, and the remedial amendment adopted by Ordinance No. 2008-12 on June 3, 2008, IN COMPLIANCE, pursuant to Sections 163.3184, 163.3187 and 163.3189, F.S.

The adopted City of Port Orange Comprehensive Plan Amendment and the Department's Objections, Recommendations, and Comments Report, (if any), are available for public inspect- tion Monday through Friday, except for legal holidays, during normal business hours, at the City of Port Orange, City Clerk’s Office, City Hall, 1st Floor, 1000 City Center Circle, Port Orange, Florida 32129.

Any affected person, as defined in Section 163.3184, F.S., has a right to petition for an ad- ministrative hearing to challenge the proposed agency determination that the Remedial Amend- ments 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 peti-tioner under Sections 120.569 and 120.57, F.S. If a petition is filed, the purpose of the admin-istrative 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.

If a petition is filed, other affected persons may petition for leave to intervene in the pro- ceeding. A petition for intervention must be filed at least twenty (20) days before the final hear- ing 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 Administration, 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 Sections 120.569 and 120.57, F.S., or to par- ticipate in the administrative hearing.

After an administrative hearing petition is timely filed, mediation is available pursuant to Subsection 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 right to an administrative hearing.

______________________________
Charles Gauthier, AICP
Director, Division of Community Planning
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100