STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION NOTICE OF PROPOSED AGENCY ACTION
The Department of Environmental Protection gives notice of its intent to issue a Formal Determination of
the Landward Extent of Wetlands and Other Surface Waters (File No. FD-43-0466672-001) to Vincent
Fugetta, c/o Andrew Gatewood, Advanced Restoration Ecology, 3451 SE Lionel Terrace, Jensen Beach,
Florida 34957, for the property located in Section 30, Township 38, Range 38, Martin County.
The Department's file is available online and can be accessed by searching for Site No. 466672 through
the Department's Information Portal at: https://prodenv.dep.state.fl.us/DepNexus/public/searchPortal. If
you have any questions or are experiencing difficulty viewing the electronic application, please call Evan
Tridone at 561-681-6740
A person whose substantial interests are affected by the Department's action may petition for an
administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. Pursuant to Rule 28-
106.201, F.A.C., a petition for an administrative hearing must contain the following information:
(a) The name and address of each agency affected and each agency's file or identification number,
if known;
(b) The name, address, any email address, any facsimile number, and telephone number of the
petitioner; the name, address, and telephone number of the petitioner's representative, if any, which
shall be the address for service purposes during the course of the proceeding; and an explanation of
how the petitioner's substantial interests are or will be affected by the agency determination;
(c) A statement of when and how the petitioner received notice of the agency decision;
(d) A statement of all disputed issues of material fact. If there are none, the petition must so indicate;
(e) A concise statement of the ultimate facts alleged, including the specific facts that the petitioner
contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or
modification of the agency's proposed action, including an explanation of how the alleged facts
relate to the specific rules or statutes; and
(g) A statement of the relief sought by the petitioner, stating precisely the action that the petitioner
wishes the agency to take with respect to the agency's proposed action.
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at
3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000 or at
agency_clerk@dep.state.fl.us. Also, a copy of the petition shall be mailed to the applicant at the address
indicated above at the time of filing.
In accordance with Rule 62-110.106(3), F.A.C., petitions for an administrative hearing by the petitioner
must be filed within 21 days of receipt of this notice. Petitions filed by any persons other than the
petitioner, and other than those entitled to written notice under Section 120.60(3), F.S., must be filed
within 21 days of publication of the notice or within 21 days of receipt of the written notice, whichever
occurs first. Under Section 120.60(3), F.S., however, any person who has asked the Department for
notice of agency action may file a petition within 21 days of receipt of such notice, regardless of the date
of publication. The failure to file a petition within the appropriate time period shall constitute a waiver of
that person's right to request an administrative determination (hearing) under Sections 120.569 and
120.57, F.S., or to intervene in this proceeding and participate as a party to it. Any subsequent
intervention (in a proceeding initiated by another party) will be only at the discretion of the presiding
officer upon the filing of a motion in compliance with Rule 28-106.205, F.A.C.
Under Rule 62-110.106(4), F.A.C., a person whose substantial interests are affected by the Department's
action may also request an extension of time to file a petition for an administrative hearing. The Department
may, for good cause shown, grant the request for an extension of time. Requests for extension of time must
be filed with the Office of General Counsel of the Department at 3900 Commonwealth Boulevard, Mail
Station 35, Tallahassee, Florida 32399-3000 or at agency_clerk@dep.state.fl.us, before the applicable
deadline for filing a petition for an administrative hearing. A timely request for extension of time shall toll
the running of the time period for filing a petition until the request is acted upon.
Mediation is not available in this proceeding.
May 19, 20, 21, 22, 24, 26, 27 2026
LSAR0521086
