South Florida Water Management District
SOUTH FLORIDA WATER MANAGEMENT DISTRICT GIVES NOTICE OF DISTRICT DECISION
The South Florida Water Management District (SFWMD or District) gives notice of its decision on November 12, 2015, approving the 2015 Central Florida Water Initiative Regional Water Supply Plan (CFWI RWSP), including the 2035 Water Resources Protection and Water Supply Strategies (Solutions Strategies), which was jointly developed by the St. Johns River Water Management District (SJRWMD), SFWMD, and Southwest Florida Water Management District (SWFWMD) (collectively, the Districts) in coordination with stakeholders for those portions of the water supply planning region within the SFWMD’s District boundaries as established in section 373.069, Fla. Stat. The documents are further described below:
1. 2015 CFWI RWSP (Volume I)
2. Appendices to Volume I (Volume IA)
3. Solutions Strategies (Volume II)
4. Appendices to Volume II (Volume IIA)
Collectively, these documents are referred to as the 2015 CFWI RWSP Document Series. The files containing the 2015 CFWI RWSP Document Series are available at http://cfwiwater.com and are available for inspection Monday through Friday, except for legal holidays, from 8:00 a.m. to 5:00 p.m. at the South Florida Water Management District Headquarters, 3301 Gun Club Road, West Palm Beach, Florida 33406; contact Brenda Low, District Clerk, (561)682-6805. If you wish to receive a copy, please submit your request to the Office of the District Clerk of the South Florida Water Management District, Attention: Brenda Low, District Clerk, at the address listed above.
A person whose substantial interests are or may be affected by the District’s decision on a regional water supply plan or the designation of the CFWI Planning Area as a water resource caution area has the right to request an administrative hearing in accordance with Section 120.569 and 120.57, Fla. Stat., and Chapter 28-106, Fla. Admin. Code. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within twenty-one (21) days of receipt of written notice of the decision. “Receipt of written notice of agency decision” means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD 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.
A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Chapter 28-106, Fla. Admin. Code. The District will not accept a petition sent by facsimile (fax), as explained below. Mediation pursuant to Section 120.573, Fla. Stat., is not available.
A petition for administrative hearing must be filed with the Office of the District Clerk of the SFWMD. Filings with the Office of the District Clerk may be made by mail, hand-delivery, or e-mail. Filings by facsimile will not be accepted. A petition for an administrative hearing is deemed filed upon receipt during normal business hours by the Office of the District Clerk at SFWMD Headquarters in West Palm Beach, Florida. The District’s normal business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Any document received by the Office of the District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular business day. Additional filing instructions are as follows:
- Filings by mail must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery of a petition to the SFWMD’s security desk does not constitute filing. It will be necessary to request that the SFWMD’s security office contact the Office of the District Clerk. An employee of the SFWMD’s Clerk’s office will receive and file the petition.
- Filings by e-mail must be transmitted to the Office of the District Clerk at clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail shall be the date the Office of the District Clerk receives the complete document. A party who files a document by email shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.
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 SFWMD in legible form and on 8½ by 11 inch white paper. All petitions shall contain those items required by the uniform rules adopted pursuant to Section 120.54(5)(b), Fla. Stat.
