Notice of agency action for a temporary docking facility in Estero River.

STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
and BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
NOTICE OF ORDER NO. 23-1746
The Florida Department of Environmental Protection and the Board
of Trustees of the Internal Improvement Trust Fund give notice of
agency action of entering into a Consent Order and Temporary Use
Agreement (COTUA) with TAHITI VILLAGE VENTURE I, LLC,
pursuant to Section 120.57(4), Florida Statutes. The COTUA
provides: (i) temporary authorization for an approximately 21,680
square foot commercial docking facility and associated structures
within the sovereign submerged lands of the Estero River, adjacent
to the upland real property located at 20518 Tahitian Boulevard,
Estero, Florida 33928 (Lee County); and (ii) temporary proprietary
authorization for the use of sovereign submerged lands within the
Estero River upon which the dock structures are located. The
COTUA is available for public inspection during normal business
hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal
holidays, at the Department's South District Office, 2295 Victoria
Ave., Suite 364, Fort Myers, Florida 33901.
Persons whose substantial interests are affected by this COTUA have
a right to petition for an administrative hearing on the COTUA. The
Petition must contain the information set forth below and must be
filed (received) in the Department's Office of General Counsel, 3900
Commonwealth Boulevard, MS-35, Tallahassee, Florida 32399-3000,
or received via electronic correspondence at
Agency_Clerk@floridadep.gov, within 21 days of publication of this
notice. A copy of the Petition must also be mailed at the time of filing
to the District Office named above at the address indicated. The
petition shall contain the following information:
(a) The COTUA number (23-1746) and the county (Lee) in which the
subject matter or activity is located;
(b) The name, address, and telephone number of each petitioner;
(c) The name, address, telephone number, and email address of the
petitioner's representative (if any), which shall be the address
for service purposes during the course of the proceeding;
(d) An explanation of how the petitioner's substantial interests will
be affected by the COTUA;
(e) A statement of when and how the petitioner received notice of
the COTUA;
(f) A statement of all material facts disputed by petitioner (if any);
(g) A statement of the specific facts the petitioner contends warrant
reversal or modification of the COTUA;
(h) A statement of which rules or statutes the petitioner contends
require reversal or modification of the COTUA; and
(i) A statement of the relief sought by the petitioner, stating
precisely the action petitioner wishes the Department and/or
the Board to take with respect to the COTUA.
If a petition is filed, the administrative hearing process is designed
to formulate agency action. Accordingly, the Department and the
Board's final action may be different from the position taken by it in
this Notice. Persons whose substantial interests will be affected by
any decision of the Department and the Board with regard to the
subject COTUA have the right to petition to become a party to the
proceeding. Failure to petition within the allowed time frame
constitutes a waiver of any right such person has to request a
hearing under Sections 120.569 and 120.57, Fla. Stat., and to
participate as a party to any proceeding. Any subsequent
intervention will only be at the approval of the presiding officer
upon petition filed pursuant to Rule 28-106.205, Fla. Admin. Code.
A person whose substantial interests are affected by the COTUA
may file a timely petition for an administrative hearing under
Sections 120.569 and 120.57, Fla. Stat., or may choose to pursue
mediation as an alternative remedy under Section 120.573, Fla. Stat,
before the deadline for filing a petition. Choosing mediation will not
adversely affect the right to a hearing if mediation does not result in
a settlement.
Publication Dates
LSAR0509505