Rule No: 62-342.700(4)(b) Financial Responsibility; Section 12.4.8, Applicant’s Handbook, Management and Storage of Surface Waters (December 27, 2010) ), adopted by reference in 40C-4.091, F.A.C. Petitioner: CRP/HLV Highlands Ranch, LLC The ...

 

WATER MANAGEMENT DISTRICTS

St. Johns River Water Management District

RULE NO.:RULE TITLE:

40C-4.091Publications Incorporated by Reference

The St. Johns River Water Management District hereby gives notice: paragraph 62-342.700(4)(b), Financial Responsibility; Section 12.4.8, Applicant’s Handbook, Management and Storage of Surface Waters (December 27, 2010), adopted by reference in 40C-4.091, F.A.C.

Petitioner: CRP/HLV Highlands Ranch, LLC

The St. Johns River Water Management District (SJRWMD) hereby gives notice it issued a Final Order granting a variance. CRP/HLV Highlands Ranch, LLC’s filed a petition for variance on May 13, 2015. Notice of receipt of the petition was published in the Florida Administrative Register, Vol. 41, No. 98, on May 20, 2015. No public comment was received. The petition requested a variance from Section 12.4.8, Applicant’s Handbook, which requires proof of financial responsibility for construction and implementation of a mitigation bank be provided using one of four listed financial responsibility mechanisms. Petitioner proposed to use an insurance policy in lieu of the financial responsibility mechanisms identified in the rule. The Final Order Granting Variance, file of record number 2015-08, was rendered on August 7, 2015. Petitioner demonstrated that a strict application of the rule would result in a substantial economic hardship and would violate principles of fairness. Petitioner provided an alternative means of achieving the purpose of the statute implemented by the rule.

Notice of Rights:

1. A person whose substantial interests are or may be affected by the District’s Final Order has the right to request an administrative hearing under Sections 120.569 and 120.57, Florida Statutes (F.S.), by filing a written petition with the St. Johns River Water Management District (District). Pursuant to Chapter 28-106, Florida Administrative Code (F.A.C.), the petition must be filed (received) either by delivery at the office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida 32178-1429 (4049 Reid St., Palatka, FL 32177) or by email with the District Clerk at [e-mail], within twenty-one (21) days of publication of the notice of District decision (for those persons to whom the District does not mail actual notice) or within twenty-six (26) days of the District’s depositing notice of the District’s decision in the mail (for those persons to whom the District mails actual notice). The District will not accept a petition sent by facsimile (fax), as explained in paragraph no. 4. below. A petition must comply with Sections 120.54(5)(b)4 and 120.569(2)(c), F.S., and Chapter 28-106, F.A.C. Mediation pursuant to Section 120.573, F.S., is not available.

2. A person whose substantial interests may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), F.S., where there is a dispute between the District and the party regarding an issue of material fact. A petition for a formal hearing must comply with the requirements set forth in Rule 28-106.201, F.A.C.

3. A person whose substantial interests may be affected also has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), F.S., where no material facts are in dispute. A petition for an informal hearing must comply with the requirements set forth in Rule 28-106.301, F.A.C.

4. A petition for an administrative hearing is deemed filed upon receipt of the petition by the District Clerk at the District Headquarters in Palatka, Florida during the District’s regular business hours. The District’s regular business hours are 8:00 a.m. – 5:00 p.m., excluding weekends and District holidays. Petitions received by the District Clerk after the District’s regular business hours shall be deemed filed as of 8:00 a.m. on the District’s next regular business day. The District’s acceptance of petitions filed by email is subject to certain conditions set forth in the District’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, F.A.C.), which is available for viewing at www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF or TIFF file and being capable of being stored and printed by the District. Further, pursuant to the District’s Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing.

5. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, F.A.C.).

6. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, F.S., and Chapter 28-106, F.A.C. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the District’s final action may be different from the position taken by it in this notice.

7. Pursuant to Section 120.68, F.S., a party to the proceeding before the District who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final District action (i.e., the final order on the petition for variance). A District action is considered rendered after it is signed on behalf of the District and is filed by the District Clerk. Failure to observe the relevant timeframes for filing a petition for judicial review will result in waiver of that right to review.

A copy of the Order or additional information may be obtained by contacting: Gail Hankinson, Office of General Counsel, SJRWMD, 4049 Reid Street, Palatka, Florida 32177.