13-0523W

Notice of Agency Action.
Public notice is hereby provided that on November 29, 2012 the South Florida Water Management District (SFWMD or District) issued Environmental Resource Standard Permit No. 48-00355-S, with special and general conditions (Permit) (Notice of Intent for Permit Application No. 120920-5, dated September 20, 2012) to Boyland and Brown Properties OBT, LLC, 4301 Millenia Blvd., Orlando, FL 32839, authorizing modification of an Environmental Resource Permit to authorize construction and operation of a surface water management system to serve a 8.82 acre commercial project known as South Orlando Car Care, located in Orange County, Florida, SEC 10 TWP 24S RGE 29E, also known as 9951 South Orange Blossom Trail, Orlando, Florida 32837. This action is taken pursuant to Rule 40E-1.603 and Chapter 40E-40, Florida Administrative Code (FAC, or F.A.C.) The site is located east of the Orange Blossom Trail, approx. 0.1 miles north of the intersection with Central Florida Parkway in Orange County. There are previously permitted surface water management facilities within the project area that will be modified to serve an enlarged project area. There are no wetlands or other surface waters located or affected by the proposed project.
The Permit is subject to General Conditions and Special Conditions. A copy of the Permit can be obtained by contacting the Regulatory Records Management Section, during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406, Water Resource Regulation Department, by telephone at 682-6911, by e-mail at permitssfwmd.gov,
As required by Sections 120.569(1) and 120.60(3), Florida Statutes, the following is notice of the opportunities which may be available for administrative hearing or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.
A person whose substantial interests are or may be affected by the SFWMD's issuance of the Permit has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Florida Statutes (FS). Persons seeking a hearing on the decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision, unless one of the following shorter time periods apply: 1) within 14 days of service of the notice of consolidated intent to grant or deny concurrently reviews applications for environmental resource permits and use of sovereign submerged lands pursuant to Section 373.427, Fla. Stat. or 2) within 14 days of service of an Administrative Order pursuant to Subsection 373.119(1), Fla. Stat.
“Receipt of written notice of agency decision” means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has taken or intends to take final agency action, or publication of notice that the District has taken or intends to take final agency action. Persons who receive notice of a District decision and fail to file a written request for hearing pursuant to the requirements of Sections 120.569 and 120.57, FS, within the timeframe described above waive the right to request a hearing as to that decision.
Filing Instructions
The petition must be filed with the Office of District Clerk of South Florida Water Management District by mail, hand-delivery, or facsimile. Filings by e-mail will not be accepted. Any person wishing to receive a clerked copy with the date and time stamped must provide an additional copy. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at District Headquarters in West Palm Beach, Florida. Any document received by the Office of District Clerk after 5:00 PM shall be filed as of 8:00 AM on the following business day. Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of SFWMD Clerk, P.O. Box 24680, West Palm Beach, Florida 33416-4680. Filings by hand-delivery must be delivered to the Office of SFWMD Clerk. Delivery of a petition to the SFWMD's security desk does not constitute filing and proper filing requires a request that the District's security officer contact the Clerk's office. An Office of District Clerk employee will receive and file the petition. Facsimile filings must be transmitted to the SFWMD's Clerk Office at (561) 682-6010. Subsections 28-106.104(7), (8), and (9), F.A.C, require a party filing a document by facsimile represent that the original executed document is retained by that party for the duration of that proceeding and any subsequent appeal or proceedings in that cause. Parties electing to file any document by facsimile shall be responsible for delay, disruption, or interruption of electronic signals and accept the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the SFWMD Clerk receives the complete document.
Initiation of Administrative Hearing
Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., initiation of an administrative hearing shall be made by written petition to the SFWMD in legible form and on 8 and 1/2 by 11 inch white paper. All petitions shall contain:
1. Identification of the action contested, including the permit, application, and District file number, or any other District identification number, if known.
2. Petitioner's and its representative, if any, name, address, and telephone number.
3. An explanation of how the petitioner's substantial interests will be affected by the agency determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact, or an indication there are none.
6. A concise statement of ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modifications of the District's proposed action.
7. A statement of specific rules or statutes the petitioner contends require reversal or modification of the District's proposed action,
8. If disputed issues of material fact exist, the statement must also include an explanation of how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the District to take with respect to the District's proposed action.
A person may file a request for an extension of time for filing a petition. The District may, for good cause, grant the request. Requests for extension of time must be filed with the District prior to the deadline for filing a petition for hearing. Such requests for extension shall contain a certificate that the moving party has consulted with all other parties concerning the extension and that the District and any other parties agree to or oppose the extension. A timely request for extension of time shall toll the running of the time period for filing a petition until the request is acted upon. If SFWMD takes action with substantially different impacts from the notice of intended agency decision, persons who may be substantially affected shall have an additional point of entry per Rule 28-106.11, Fla. Admin. Code., unless otherwise provided by law.
Mediation
The procedures for pursuing mediation are set forth in Section 120.573, FS, and Rules 28-106.111 and 28-106.401-405, FAC. The District is not proposing mediation for this agency action under Section 120.573, FS, at this time.
Right to Seek Judicial Review
Pursuant to Sections 120.60(3) and 120.68, FS, a party adversely affected by final District action may seek judicial review of the District's final decision by filing a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the notice with the District Clerk within 30 days of rendering of the final District action.
This proposed ordinance is available at the Town Clerk's Office, 614 Main Street, Windermere, Florida, for inspection during normal business hours of Mon-Fri 8:00 a.m. - 5:00 p.m.
Persons with disabilities needing assistance to participate in this proceeding should contact the Town Clerk 48 hours before the meeting.
Persons are advised that if they decide to appeal any decision made at this meeting, they will need a record of the proceeding, and for such purposes, they may need to insure that a verbatim record of the proceeding is made which includes the testimony and evidence upon which the appeal is based, per Section 286.0105 F.S.
January 31, 201313-0523W

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