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FIRST INSERTION
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
NOTICE OF INTENT TO ISSUE PERMIT
The Department of Transportation gives notice of its intent to issue a permit to Babcock Property Holdings, L.L.C., a Delaware limited liability company, 42850 Crescent Loop, Suite 200, Babcock Ranch, FL 33982 for a Driveway Connection Permit for the installation of a Turn Lane Extension to be located on State Road 31, Babcock Ranch Entrance DD. The Department has assigned Permit ID No: 2019-A-192-00067 to the proposed project.
NOTICE OF RIGHTS
This action is final and effective on the date filed with the Clerk of the Department unless a petition for an administrative hearing is timely filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Department's action may petition for an administrative hearing under Sections 120.569 and 120.57, F.S. If you dispute the facts stated in the Notice of Intended Department Action (hereinafter Notice), you may petition for a formal administrative hearing pursuant to Section 120.57(1), F.S. If you agree with the facts stated in the Notice, you may petition for an informal administrative hearing pursuant to Section 120.57(2), F.S. You must file the petition with:
Clerk of Agency Proceedings
Department of Transportation
Haydon Burns Building
605 Suwannee Street, M.S. 58
Tallahassee, Florida 32399-0458
The petition for an administrative hearing must conform to the requirements of Rule 28-106.201(2) or Rule 28-106.301(2), F.A.C., and be filed with the Clerk of Agency Proceedings by 5:00 p.m. no later than 21 days after publication or 21 days after you received the Notice, whichever occurs first. The petition must include a copy of the Notice, be legible, on 8 ½ by 11-inch white paper, and contain:
1. Your name, address and telephone number, any Department of Transportation identifying number on the Notice, if known, the name and identification number of each agency affected, if known, and the name, address and telephone number of your representative, if any, which shall be the address for service purposes during the course of the proceeding;
2. An explanation of how your substantial interests may be affected by the action described in the Notice;
3. A statement of when and how you received the Notice;
4. A statement of all disputed issues of material fact. If there are none, you must so indicate;
5. A concise statement of the ultimate facts alleged, including the specific facts you contend warrant reversal or modification of the agency's proposed action, as well as an explanation of how the alleged facts relate to the specific rules and statutes you contend require reversal or modification of the agency's proposed action;
6. A statement of the relief sought, stating precisely the action you wish the agency to take with respect to the agency's proposed action.
If there are disputed issues of material fact a formal hearing will be held, where you may present evidence and argument on all issues involved and conduct cross-examination. If there are no disputed issues of material fact an informal hearing will be held, where you may present evidence or a written statement for consideration by the Department.
Mediation, pursuant to Section 120.573, F.S., may be available if agreed to by all parties, and on such terms as may be agreed upon by all parties. The right to an administrative hearing is not affected when mediation does not result in a settlement.
Your petition for an administrative hearing shall be dismissed if it is not in substantial compliance with the above requirements of Rule 28-106.201(2) or Rule 28-106.301(2), F.A.C. If you fail to timely file your petition in accordance with the above requirements, you will have waived your right to have the intended action reviewed pursuant to Chapter 120, F.S., and the action set forth in the Notice shall be conclusive and final.
July 31, 2020 20-00601T