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STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
NOTICE OF PROPOSED AGENCY ACTION
The Department of Environmental Protection (“Department”) gives notice that it proposes to enter a Prospective Purchaser Agreement (OGC File #17-0073) (the “Agreement”) with The Oasis at University Apartments, LLC (“Oasis”) in reference to certain real property located on University Parkway in Manatee County, Florida and identified by Parcel ID Nos. 2032000008, 2035200001, 2035100003 and 2033900008 (collectively the “Oasis Property”). The Agreement provides that Oasis will record a Restrictive Covenant on the Oasis Property and that the Department covenants not to sue or take other civil or administrative action against Oasis and any subsequent owners of the Oasis Property related to the Existing Conditions on the Oasis Property. A complete copy of the Agreement is available for public inspection during normal business hours 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at the Department's Southwest District Office, 13051 N. Telecom Parkway, Temple Terrace, FL 33637.
The Department's proposed agency action shall become final unless a timely petition for an administrative hearing is filed under sections 120.569 and 120.57 of the Florida Statutes, before the deadline for filing a petition. Persons who have filed such a petition may seek to mediate the dispute, and choosing mediation will not adversely affect the right to a hearing if mediation does not result in a settlement. Procedures for a petitioning for hearing are set forth below, followed by the procedures for pursuing mediation.
The petition for administrative hearing must contain all of the following information:
a. The OGC Number assigned to this Agreement, 17-0073;
b. The name, address, and telephone number of each petitioner;
c. The name, address, and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding;
d. An explanation of how the petitioner's substantial interests will be affected by the Agreement;
e. A statement of when and how the petitioner received notice of the Agreement; Either a statement of all material facts disputed by the petitioner or a statement that the petitioner does not dispute any material facts;
f. A statement of the specific facts the petitioner contends warrant reversal or modification of the Agreement;
g. A statement of the rules or statutes the petitioner contends require reversal or modification of the Agreement; and
h. A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the Department to take with respect to the Agreement.
The petition must be filed (received) at the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 21 days of receipt of this notice. A copy of the petition must also be mailed at the time of filing to the Florida Department of Environmental Protection, Southwest District Office, Attention: Waste Cleanup Environmental Administrator, 13051 N. Telecom Parkway, Temple Terrace, FL 33637. Failure to file a petition within the 21-day period constitutes a person's waiver of the right to request an administrative hearing and to participate as a party to this proceeding under Sections 120.569 and 120.57, Florida Statutes. Before the deadline for filing a petition, a person whose substantial interests are affected by this Order may choose to pursue mediation as an alternative remedy under Section 120.573, Florida Statutes. Choosing mediation will not adversely affect such person's right to request an administrative hearing if mediation does not result in a settlement. Mediation may only take place if the Department and all parties to the proceeding agree that mediation is appropriate. A person may pursue mediation by reaching a mediation agreement with the Department, Oasis, and any person who has filed a timely and sufficient petition for hearing and by showing how the substantial interests of each mediating party are affected by the Agreement. The agreement must be filed (received by) the Department's Office of General Counsel, 3900 Commonwealth Boulevard, MS# 35, Tallahassee, Florida 32399-3000 within 10 days after the deadline as set forth above for the filing of a petition.
The agreement to mediate must include the following:
a. The names, addresses, and telephone numbers of any persons who may attend the mediation;
b. The name, address, and telephone number of the mediator selected by the parties, or a provision for selecting a mediator within a specified time;
c. The agreed allocation of the costs and fees associated with the mediation;
d. The agreement of the parties on the confidentiality of discussions and documents introduced during mediation;
e. The date, time, and place of the first mediation session, or a deadline for holding the first session, if no mediator has yet been chosen;
f. The name of each party's representative who shall have authority to settle or recommend settlement;
g. Either an explanation of who the substantial interests of each mediating party will be affected by the action or proposed action addressed in this notice of intent or a statement clearing identifying the petition for hearing that each party has already filed, and incorporating it by reference; and
h. The signatures of all parties or their authorized representatives.
As provided in Section 120.573, Florida Statutes, the timely agreement of all parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Florida Statutes, for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within sixty days of the execution of the agreement. If mediation results in settlement of the administrative dispute, the Department must enter a final order incorporating the agreement of the parties. Persons whose substantial interests will be affected by such a modified final decision of the Department have a right to petition for a hearing only in accordance with the requirements for such petitions set forth above, and must therefore file their petitions within 21 days of receipt of this notice. If mediation terminates without settlement of the dispute, the Department shall notify all parties in writing that the administrative hearing processes under Sections 120.569 and 120.57, Florida Statutes, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action and electing remedies under those two statutes.
April 7, 2017 17-00438M