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FIRST INSERTION
NOTICE OF AGENCY ACTION
Notice is hereby provided that the Southwest Florida Water Management District issued the following permit: Environmental Resource Permit No. 43001293.142, authorizing the construction of a surface water management system, to The Shoppes at Palmer Ranch, LLC, Attn: Craig Kopko,1200 Network Centre Drive, Suite 2, Effingham, IL 62401 on September 21, 2021, pursuant to application 818618. The surface water management system is being constructed to serve approximately 15.03 acres of commercial activities known as The Shoppes at Palmer Ranch. The project is within Sarasota County Section 25, Township 37S/Range 18E.
A copy of the permit can be viewed at http://www18.swfwmd.state.fl.us/erp/erp/search/ERPSearch.aspx and is also available for inspection Monday through Friday, except for District holidays, from 8:00 a.m. through 5:00 p.m. at the District's Tampa Service Office, 7601 U.S. Highway 301 North, Tampa, Florida 33637.
The District's agency action is 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.
As required by Sections 120.569 and 120.60(3), Fla. Stat., 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 of the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the Southwest Florida Water Management District's (SWFWMD or District) action has the right to request an administrative hearing on that action in accordance with Sections 120.569 and 120.57, Florida Statutes (F.S.), Uniform Rules of Procedure Chapter 28-106, Florida Administrative Code (F.A.C.) and District Rule 40D-1.1010, F.A.C. Persons seeking a hearing on a SWFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the District Agency Clerk of the SWFWMD, in accordance with the filing instructions set forth herein, 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 the notice of consolidated intent to grant or deny concurrently reviewed 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 Section 373.119(1), Fla. Stat. “Receipt of written notice” is deemed to be the fifth day after the date on which actual notice is deposited in the United States mail, if notice is mailed to you, or the date that actual notice is issued, if sent to you by electronic mail or delivered to you, or the date that notice is published in a newspaper, for those persons to whom the District does not provide actual notice. Any person who receives written notice of a SWFWMD decision and fails to file a written request for hearing within the timeframe described above waives the right to request a hearing on that decision.
If the District takes final agency action which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., shall comply therewith immediately, but on petition to the board shall be afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The SWFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SWFWMD 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 SWFWMD and any other parties agree to or oppose the extension. A timely request for an extension of time shall toll the running of the time period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing is deemed filed upon receipt of the complete petition by the District Agency Clerk at the District's Tampa Service Office during normal business hours, which are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding District holidays. Filings with the District Agency Clerk may be made by mail, hand-delivery or facsimile transfer (fax). The District does not accept petitions for administrative hearing by electronic mail. Mailed filings must be addressed to, and hand-delivered filings must be delivered to, the Agency Clerk, Southwest Florida Water Management District, 7601 Highway 301 North, Tampa, FL 33637-6759. Faxed filings must be transmitted to the District Agency Clerk at (813) 367-9776. Any petition not received during normal business hours shall be filed as of 8:00 a.m. on the next business day. The District's acceptance of faxed petitions for filing is subject to certain conditions set forth in the District's Statement of Agency Organization and Operation, available for viewing at www.WaterMatters.org/about.
INITIATION OF AN ADMINISTRATIVE HEARING
1. Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SWFWMD in legible form and on 8 1/2 by 11 inch white paper. Chapter 28-106, F.A.C. can be viewed at www.flrules.org or at the District's website at www.WaterMatters.org/permits/rules. All petitions shall contain:
Identification of the action being contested, including the permit number, application number, SWFWMD file number or any other SWFWMD identification number, if known.
1. The name, address, any email address, any facsimile number, and telephone number of the petitioner and
petitioner's representative, if any.
2. An explanation of how the petitioner's substantial interests will be affected by the agency determination.
3. A statement of when and how the petitioner received notice of the SWFWMD's decision.
4. A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
5. A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant
reversal or modification of the SWFWMD's proposed action.
6. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the
SWFWMD's proposed action.
7. 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.
8. A statement of the relief sought by the petitioner, stating precisely the action the petitioner wishes the SWFWMD to take with respect to the SWFWMD's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401-.405, Fla. Admin. Code. Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding District intended or proposed action is not available prior to the filing of a petition for hearing.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110 and 9.190, a party who is adversely affected by final SWFWMD action may seek judicial review of the SWFWMD's final decision by filing a notice of appeal with the District Agency Clerk in accordance with the filing instructions set forth herein within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice with the clerk of the in the Fifth District Court of Appeal or in the appellate district where a party resides or as otherwise provided by law. Pursuant to Fla. R. App. P. 9.020(h), an order is rendered when a signed written order is filed with the clerk of the lower tribunal.
May 6, 2022 22-00942S