HomeMy WebLinkAboutLetter ( Approval For An Individual Environmental Resource Permit)•.�' >.'.ji . South Florida Water Management District
Individual Environmental Resource Permit No. 56-105632-P
Date Issued: August 20, 2021
Permittee: i Kings Commercial Center, LLC
7416-A SW 48th Street
Miami, FL 33155
I -
Project: �, Kings Commercial Center
Application No. 210503-6080
Location: St Lucie County, See Exhibit 1
Your application for an Individual Environmental Resource Permit is approved. This action is taken based
on Chapter 373, Part IV, of Florida Oatutes (F.S.) and the rules in Chapter 62-330, Florida Administrative
Code (F.A.C.). Unless otherwise stated, this permit constitutes certification of compliance with state water
quality standards under section 401I of the Clean Water Act, 33 U.S.C. 1341, and a finding of consistency
with the Florida Coastal Management Program. Please read this entire agency action thoroughly and
understand its contents.
This permit is subject to:
. Not receiving a filed request for alChapter 120, F.S., administrative hearing.
. The attached General Conditions for Environmental Resource Permits.
. The attached Special Conditions. I
. All referenced Exhibits.
All documents are available online through the District's ePermitting site at www.sfwmd.gov/ePermitting.
If you object to these conditions, please refer to the attached "Notice of Rights" which addresses the
procedures to be followed if you desire a public hearing or other review of the proposed agency action.
Please contact this office if you have any questions concerning this matter. If we do not hear from you in
accordance with the "Notice of Rights", we will assume that you concur with the District's action.
The District does not publish notices 'of action. If you wish to limit the time within which a person may
request an administrative hearing regarding this action, you are encouraged to publish, at your own
expense, a notice of agency action in the legal advertisement section of a newspaper of general circulation
in the county or counties where the activity will occur. Legal requirements and instructions for publishing a
notice of agency action, as well as a noticing format that can be used, are available upon request. If"you
publish a notice of agency action, please send a copy of the affidavit of publication provided by the
newspaper to the District's West Palm Beach office for retention in this file.
If you have any questions regarding your permit or need any other information, please call us at
1-800-432-2045 or email epermits@sfwmd.aov.
Gary R. Priest, P.E.
Engineering Section Administrator, Environmental Resource Bureau
South Florida Water Management District
Individual Environmental Resource Permit No. 56-105632-P
Date Issued: August 20, 2021
Project Name:
Expiration Date: August 20, 2026
Kings Commercial Center
Permittee: Kings Commercial Center, LLC
7416-A SW 48th Street
Miami, FL 33155
Operating Entity:
Location:
Permit Acres:
Project Land Use:
Special Drainage District:
Water Body Classification:
FDEP Water Body ID:
Conservation Easement to District:
Sovereign Submerged Lands:
Kings Commercial Center, LLC
7416-A SW 48th Street
Miami, FL 33155
St Lucie County
1.82 acres
Commercial
Fort Pierce Farms Water Control District
CLASS III
3163B
No
No
Project Summary
This Environmental Resource Permit authorizes construction and operation of a stormwater
management (SWM) system serving 1.82 acres of commercial development for a project known
as Kings Commercial Center.
This project is a phase of construction associated with the Kings Highway Industrial Park
Conceptual Permit No. 56-00599-S. The project will construct two warehouse/office buildings,
supporting infrastructure, and a project SWM system which connects to the master SWM system.
Please refer to Exhibit No. 2.0 for details.
Issuance of this permit constitutes certification of compliance with state water quality standards in
accordance with Rule 62-330.062, F.A.C.
Site Description
The site is located in St. Lucie County. Please refer to Exhibit No. 1.0 for a Location Map. The site
is an undeveloped parcel within the Kings Highway Industrial Park pursuant to Permit No.
56-00599-S.
For information on wetland and surface water impacts, please see the Wetlands and Other
Surface Water section of this permit.
Permit No: 56-105632-P, Page 2 of 16
Ownership, Operation and Maintenance
Perpetual operation and maintenance for the master SWM system authorized by Permit
56-00599-S will be the responsibility of The Kings Highway Industrial Park Property Owners
Association, Inc.
Perpetual operation and maintenance responsibility for the works specific to this permit will be the
sole responsibility of Kings Commercial Center, LLC. Upon conveyance or division of ownership or
control of the property or the system, the permittee must notify the Agency in writing within 30
days, and the new owner must request transfer of the permit.
Engineering Evaluation:
Land Use
Please refer to the attached table and Exhibit No. 2.0.
Water Quality I
The project is consistent with t I e land use assumptions of the Kings Highway Industrial Park
master system. The master system provides all required water quality treatment.
The project includes implement lition of a Surface Water Pollution Prevention Plan as additional
reasonable assurance of compliai ce with water quality criteria during construction. Please refer to
Exhibit No. 2.0 for details.
Water Quantity
The project is consistent with the imperviousness assumptions of the Kings Highway Industrial
Park master SWM system. All required storm attenuation is provided in the master system.
Discharge
The project will discharge through the existing master system facilities. The previously permitted
discharge rate remains unchanged.
Parking Lot Design
The minimum parking lot elevations have been set at or above the design storm elevation of
15.52-ft NAVD pursuant to the conceptual permit.
Finished Floors
The minimum finish floor elevation has been set at or above the basin design storm
elevation of 17.02-ft NAVD pursua i t to the conceptual permit.
Certification, Operation, and Maintenance
Pursuant to Chapter 62-330.310,E F.A.C., Individual Permits will not be converted from the
construction phase to the operation phase until construction completion certification of the project
is submitted to and accepted by the District. This includes compliance with all permit conditions,
except for any long term maintenance and monitoring requirements. It is suggested that the
permittee retain the services of an appropriate professional registered in the State of Florida for
periodic observation of construction of the project.
For projects permitted with an operating entity that is different from the permittee, it should be
noted that until the construction completion certification is accepted by the District and the permit
is transferred to an acceptable operating entity pursuant to Sections 12.1-12.3 of the Applicant's
Handbook Volume I and Section 62-330.310, F.A.C., the permittee is liable for operation and
maintenance in compliance with the terms and conditions of this permit.
In accordance with Section 373.416(2), F.S., unless revoked or abandoned, all SWM systems and
works permitted under Part IV of Chapter 373, F.S., must be operated and maintained in
perpetuity.
The efficiency of SWM systems, dams, impoundments, and most other project components will
Permit No: 56-105632-P, Page 3 of 16
decrease over time without periodic maintenance. The operation and maintenance entity must
perform periodic inspections to identify if there are any deficiencies in structural integrity,
degradation due to insufficient maintenance, or improper operation of projects that may endanger
public health, safety, or welfare, or the water resources. If deficiencies are found, the operation
and maintenance entity is responsible for correcting the deficiencies in a timely manner to prevent
compromises to flood protection and water quality. See Section 12.4 of the Applicant's Handbook
Volume I for Minimum Operation and Maintenance Standards.
Permit No: 56-105632-P, Page 4 of 16
Engineering Evaluation Tables:
Land Use
Basin
Land
Type
Area (ac)
% of Total
Basin
Lots 1 & 2
Pavement
0.82
45.05
Pervious
Building Coverage
0.57
0.43
31.32
23.63
Total-
1.82
100%
Permit No: 56-105632-P, Page 5 of 16
Environmental Evaluation:
Wetlands and Other Surface Waters
There are no wetlands or other surface waters located within the project site or affected by this
project.
Permit No: 56-105632-P, Page 6 of 16
Related Concerns:
Water Use Permit Status
A groundwater well will be used as a source for irrigation water for the project. The applicant has
applied for a noticed general permit (Permit No. 56-03871-W) under Rule 40E-2.071, F.A.C.
The applicant has indicated that dewatering is required for construction of this project and that
proposed dewatering qualifies for the permit by rule under Rule 40E-2.061, F.A.C.
This permit does not release the permittee from obtaining all necessary Water Use
authorization(s) prior to the commencement of activities which will require such authorization,
including construction dewatering and irrigation.
Water and Wastewater Service
Fort Pierce Utility Authority
Historical/ Archeological Resources
The District has received correspondence from the Florida Department of State, Division of
Historical Resources indicating 'ithat no significant archaeological or historical resources are
recorded on the project site; therefore, the project is unlikely to have an effect upon any such
resources.
i
This permit does not release the Ipermittee from complying with any other agencies requirements
in the event that historical and/or archaeological resources are found on the site.
I
Permit No: 56-105632-P, Page 7 of 16
General Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. All activities shall be implemented following the plans, specifications and performance criteria
approved by this permit. Any deviations must be authorized in a permit modification in
accordance with rule 62-330.315, F.A.C. Any deviations that are not so authorized may subject
the permittee to enforcement action and revocation of the permit under Chapter 373, F.S.
2. A complete copy of this permit shall be kept at the work site of the permitted activity during the
construction phase, and shall be available for review at the work site upon request by the
Agency staff. The permittee shall require the contractor to review the complete permit prior to
beginning construction.
3. Activities shall be conducted in a manner that does not cause or contribute to violations of state
water quality standards. Performance -based erosion and sediment control best management
practices shall be installed immediately prior to, and be maintained during and after construction
as needed, to prevent adverse impacts to the water resources and adjacent lands. Such
practices shall be in accordance with the State of Florida Erosion and Sediment Control
Designer and Reviewer Manual (Florida Department of Environmental Protection and Florida
Department of Transportation, June 2007), and the Florida Stormwater Erosion and
Sedimentation Control Inspector's Manual (Florida Department of Environmental Protection,
Nonpoint Source Management Section, Tallahassee, Florida, July 2008), which are both
incorporated by reference in subparagraph 62-330.050(9)(b)5., F.A.C., unless a project -specific
erosion and sediment control plan is approved or other water quality control measures are
required as part of the permit.
4. At least 48 hours prior to beginning the authorized activities, the permittee shall submit to the
Agency a fully executed Form 62-330.350(1), "Construction Commencement Notice," (October
1, 2013), (http://www.flruies.Iorg/Gateway/reference.asp?No=Ref-02505), incorporated by
reference herein, indicating the {expected start and completion dates. A copy of this form may be
obtained from the Agency, asp, described in subsection 62-330.010(5), F.A.C., and shall be
submitted electronically or by mail to the Agency. However, for activities involving more than
one acre of construction that also require a NPDES stormwater construction general permit,
submittal of the Notice of Intent to Use Generic Permit for Stormwater Discharge from Large
and Small Construction Activities, DEP Form 62-621.300(4)(b), shall also serve as notice of
commencement of construction under this chapter and, in such a case, submittal of Form
62-330.350(1) is not required.
5. Unless the permit is transferredI I, under rule 62-330.340, F.A.C., or transferred to an operating
entity under rule 62-330.310, F.A.C., the permittee is liable to comply with the plans, terms, and
conditions of the permit for the life of the project or activity.
6. Within 30 days after completing construction of the entire project, or any independent portion of
the project, the permittee shall provide the following to the Agency, as applicable:
a. For an individual, private single-family residential dwelling unit, duplex, triplex, or quadruplex-
"Construction Completion and Inspection Certification for Activities Associated With a Private
Single -Family Dwelling Unit"[Form 62-330.310(3)]; or
b. For all other activities- "As -Built Certification and Request for Conversion to Operational
Phase" [Form 62-330.310(1)].
c. If available, an Agency website that fulfills this certification requirement may be used in lieu of
the form.
7. If the final operation and maintenance entity is a third party:
a. Prior to sales of any lot or unit served by the activity and within one year of permit issuance,
or within 30 days of as -built certification, whichever comes first, the permittee shall submit, as
Permit No: 56-105632-P, Page 8 of 16
applicable, a copy of the operation and maintenance documents (see sections 12.3 thru 12.3.4
of Volume 1) as filed with the Florida Department of State, Division of Corporations, and a copy
of any easement, plat, or deed restriction needed to operate or maintain the project, as recorded
with the Clerk of the Court in the County in which the activity is located.
b. Within 30 days of submittal of the as -built certification, the permittee shall submit "Request
for Transfer of Environmental Resource Permit to the Perpetual Operation and Maintenance
Entity" [Form 62-330.310(2)] to transfer the permit to the operation and maintenance entity,
along with the documentation requested in the form. If available, an Agency website that fulfills
this transfer requirement may be used in lieu of the form.
8. The permittee shall notify the Agency in writing of changes required by any other regulatory
agency that require changes to the permitted activity, and any required modification of this
permit must be obtained priorlto implementing the changes.
9. This permit does not:
a. Convey to the permittee any property rights or privileges, or any other rights or privileges
other than those specified her or in Chapter 62-330, F.A.C.;
b. Convey to the permittee or create in the permittee any interest in real property;
c. Relieve the permittee from the need to obtain and comply with any other required federal,
state, and local authorization, Ilaw, rule, or ordinance; or
d. Authorize any entrance upon or work on property that is not owned, held in easement, or
controlled by the permittee.
10. Prior to conducting any activities on state-owned submerged lands or other lands of the state,
title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund, the
permittee must receive all necessary approvals and authorizations under Chapters 253 and
258, F.S. Written authorization that requires formal execution by the Board of Trustees of the
Internal Improvement Trust Fund shall not be considered received until it has been fully
executed.
11. The permittee shall hold and save the Agency harmless from any and all damages, claims, or
liabilities that may arise by reason of the construction, alteration, operation, maintenance;
removal, abandonment or use of any project authorized by the permit.
12. The permittee shall notify thelAgency in writing:
a. Immediately if any previously submitted information is discovered to be inaccurate; and
b. Within 30 days of any conveyance or division of ownership or control of the property or the
system, other than conveyance via a long-term lease, and the new owner shall request transfer
of the permit in accordance with Rule 62-330.340, F.A.C. This does not apply to the sale of lots
or units in residential or commercial subdivisions or condominiums where the stormwater
management system has been completed and converted to the operation phase.
13. Upon reasonable notice to the permittee, Agency staff with proper identification shall have
permission to enter, inspect, sample and test the project or activities to ensure conformity with
the plans and specifications authorized in the permit.
14. If prehistoric or historic artifacts, such as pottery or ceramics, projectile points, stone tools,
dugout canoes, metal implements, historic building materials, or any other physical remains
that could be associated with Native American, early European, or American settlement are
encountered at any time within the project site area, the permitted project shall cease all
activities involving subsurface disturbance in the vicinity of the discovery. The permittee or
other designee shall contact the Florida Department of State, Division of Historical Resources,
Compliance Review Section (DHR), at (850)245-6333, as well as the appropriate permitting
agency office. Project activities shall not resume without verbal or written authorization from
Permit No: 56-105632-P, Page 9 of 16
the Division of Historical Resources. If unmarked human remains are encountered, all work
shall stop immediately and the proper authorities notified in accordance with section 872.05,
F.S. For project activities subject Wprior consultation with the DHR and as an alternative to the
above requirements, the permittee may follow procedures for unanticipated discoveries as set
forth within a cultural resources assessment survey determined complete and sufficient by
DHR and included as a specific permit condition herein.
15. Any delineation of the extent of a wetland or other surface water submitted as part of the
permit application, including plans or other supporting documentation, shall not be considered
binding unless a specific condition of this permit or a formal determination under Rule
62-330.201, F.A.C., provides otherwise.
16. The permittee shall provide routine maintenance of all components of the stormwater
management system to remove trapped sediments and debris. Removed materials shall be
disposed of in a landfill or ,other uplands in a manner that does not require a permit under
Chapter 62-330, F.A.C., or cause violations of state water quality standards.
17. This permit is issued based on the applicant's submitted information that reasonably
demonstrates that adverse water resource -related impacts will not be caused by the completed
permit activity. If any adverse impacts result, the Agency will require the permittee to eliminate
the cause, obtain any necessary permit modification, and take any necessary corrective
actions to resolve the adverse impacts.
18. A Recorded Notice of Environmental Resource Permit may be recorded in the county public
records in accordance with,Rule 62-330.090(7), F.A.C. Such notice is not an encumbrance
upon the property.
Permit No: 56-105632-P, Page 10 of 16
Special Conditions for Individual Environmental Resource Permits, 62-330.350, F.A.C.
1. The construction authorization for this permit shall expire on the date shown on page 2.
2.Operation and maintenance of the stormwater management system shall be the responsibility of
Kings Commercial Center, LL.C. The permittee shall notify the Agency in writing within 30 days of
any conveyance or division of ownership or control of the property of the system, and the new
owner must request transfer of the permit in accordance with Rule 62-330.340, F.A.C.
3. Prior to any future construction, the permittee shall apply for and receive an Individual ERP. As
part of the permit application, the applicant for that phase shall provide documentation verifying
that the proposed construction is consistent with the design of the master stormwater
management system, including the land use and site grading assumptions.
4. Prior to initiating construction activities associated with this Environmental Resource Permit
(ERP), the permittee is required to hold a pre -construction meeting with field representatives,
consultants, contractors, District Environmental Resource Bureau (ERB) staff, and any other
local government entities as necessary. The purpose of the pre -construction meeting is to
discuss construction methods, sequencing, best management practices, identify work areas,
staking and roping of preserves where applicable, and to facilitate coordination and assistance
amongst relevant parties. To schedule a pre -construction meeting, please contact ERB staff from
the Okeechobee Service Center at (863) 462-5260 or via e-mail at: pre-con@sfwmd.gov. When
sending a request for a pre -construction meeting, please include the application number,, permit
number, and contact name and phone number.
5. This permit does not authorize the permittee to cause any adverse impact to or "take" of state
listed species and other regulated species of fish and wildlife. Compliance with state laws
regulating the take of fish and wildlife is the responsibility of the owner or applicant associated
with this project. Please refer to Chapter 68A-27 of the Florida Administrative Code for definitions
of "take" and a list of fish and wildlife species. If listed species are observed onsite, FWC staff
are available to provide decision support information or assist in obtaining the appropriate FWC
permits. Most marine endangeIred and threatened species are statutorily protected and a "take"
permit cannot be issued. Requests for further information or review can be sent to:
FWCConservationPlan ningServices@ MyFWC.com.
6. The exhibits and special conditions in this permit apply only to this application. They do not
supersede or delete any requirements for other applications covered in Permit No. 56-00599-S
unless otherwise specified herein.
7.If proceeding with a General Permit by rule for construction dewatering, the Permittee
acknowledges that the dewatering operation is subject to the Permit Conditions in Section 5.0 of
the Applicant's Handbook for Water Use Permit Applications, including responsibility for
mitigating any harm that may occur as a result of the dewatering to existing legal uses, off -site
land uses, or natural resources.
Permit No: 56-105632-P, Page 11 of 16
Project Work Schedule for Permit No. 56-105632-P
The following activities are requirements of this Permit and shallbe completed in accordance with the
Project Work Schedule below. Please refer to General Conditions, Special Conditions and/or Specific
Conditions for more information. Any deviation from these time frames will require prior approval from the
District's Environmental Resources Bureau and may require a minor modification to this permit. Such
requests must be made in writing and shall include: (1) reason for the change, (2) proposed start/finish
and/or completion dates, and (3) progress report on the status of the project.
Condition No.
GC 4
Date Added
08/20/2021
Description (Application Number)
Construction Commencement Notice
Due Date
Prior to Construction
Date Satisfied
IGC 6
08/20/2021
F
Submit Certification
30 Days After Construction Completion
GC 7
.
08/20/2021
Submit Operation Transfer Request
Within 30 days of Certification---`—
_
SC 4
08/20/2021
Pre -Construction Meeting
Prior to Construction
GC = General Condition
SC = Special Condition
Permit No: 56-105632-P, Page 12 of 16
Distribution List
Abraham Chabab, Abraham Chabab Inc
Fort Pierce Farms Water Control District
City of Port St Lucie - Planning and Zoning Division
City of Port St Lucie - Public Works
US Army Corps of Engineers'- Permit Section
St. Lucie County Engineer
St. Lucie County Planning and Development Services
City Of Fort Pierce
Permit No: 56-105632-P, Page 13 of 16
Exhibits
The following exhibits to this permit are incorporated by reference. The exhibits can be viewed by
clicking on the links below or by visiting the District's ePermitting website at
http://my.sfwmd.gov/epermitting and searching under this application number 210503-6080 .
Exhibit No. 1.0 Location Map
Exhibit No. 2.0 SWM Plans
Permit No: 56-105632-P, Page 14 of 16
NOTICE OF RIGHTS
As required by Chapter 120; Florida Statutes, the following provides notice of the opportunities
which may be available for administrative hearing pursuant to Sections 120.569 and 120.57,
Florida Statutes, or judicial review pursuant to Section 120.68, Florida Statutes, 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. Some of the legal proceedings detailed below
may not be applicable or appropriate for your situation. 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 South Florida Water
Management District's (District) action has the right to request an administrative hearing on
that action pursuant to Sections 120.569 and 120.57, Florida Statutes. Persons seeking a
hearing on a District decision which affects or may affect their substantial interests shall file a
petition for hearing 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, Florida Statutes; or (2) within 14 days of service of an
Administrative Order pursuant to Section 373.119(1), Florida Statutes. "Receipt of written
notice of agency decision" means receipt of written notice through mail, electronic mail, posting,
or publication that the District has taken or intends to take final agency action. Any person who
receives written notice of a District 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 that materially differs from the noticed intended agency
decision, persons who may be substantially affected shall, unless otherwise provided by law,
have an additional point of entry pursuant to Rule 28-106.111, Florida Administrative Code.
Any person to whom an emergency order is directed pursuant to Section 373.119(2), Florida
Statutes, 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 District may grant
the request for good cause. Requests for extension of time must be filed with the District 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 whether the District 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 must be filed with the Office of the District Clerk. 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 administrative hearing or other document is
deemed filed upon receipt during normal business hours by the Office of the District Clerk at
the District's 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.
Rev. 1/16/20 1 Permit No: 56-105632-P, Page 15 of
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Additional filing instructions are as follows:
. Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun Club Road,
West Palm Beach, Florida 33406.
. Filings by hand -delivery must be delivered to the Office of the District Clerk. Delivery of a
petition to the District's security desk does not constitute filing. It will be necessary to
request that the District's security officer contact the Office of the District Clerk. An
employee of the District's Clerk's office will receive and process 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.
INITIATION OF ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Rules 28-106.201
and 28-106.301, Florida Administrative Code, initiation of an administrative hearing shall be
made by written petition to the District in legible form and on 8 1/2 by 11 inch white paper. All
petitions shall contain:
1. Identification of the action being contested, including the permit number, application
number, District file number or any other District identification number, if known.
2. The name, address, any email address, any facsimile number, and telephone number of
the petitioner, petitioner's attorney or qualified representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected by the agency
determination.
4. A statement of when and how the petitioner received notice of the District's decision.
5. A statement of all disputed issues of material fact. If there are none, the petition must so
indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the petitioner
contends warrant reversal or modification of the District's proposed action.
7. A statement of the specific rules or statutes the petitioner contends require reversal or
modification of the District's proposed action.
8. 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.
9. A statement of the relief sought by the petitioner, stating precisely the action the petitioner
wishes the District to take with respect to the District's proposed action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Florida Statutes, and
Rules 28-106.111 and 28-106.401—.405, Florida Administrative Code. The District is not
proposing mediation for this agency action under Section 120.573, Florida Statutes, at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Florida Statutes, and in accordance with Florida Rule of Appellate
Procedure 9.110, a party who is adversely affected by final District action may seek judicial
review of the District's final decision by filing a notice of appeal with the Office of the District
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 appropriate district court of
appeals via the Florida Courts E-Filing Portal.
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