Notice of site rehabilitation completion order for Key Haven Estate Site.

PUBLIC NOTICE
FLORIDA DEPARTMENT OF 
ENVIRONMENTAL PROTECTION
NOTICE OF SITE REHABILITATION 
COMPLETION ORDER
The Florida Department of Environmental Protection (DEP) gives notice of agency action issuing a Conditional Site Rehabilitation Completion Order (CSRCO) with institutional and engineering controls in reference to the Key Haven Estate Site located at 35 Seppala Way, Key Haven, Monroe County, Florida, 33040, DEP Site ID No. ERIC_11632. A complete copy of the CSRCO 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 DEP Southeast District Office, 3301 Gun Club Rd., MSC 7210-1, West Palm Beach, FL 33406. The CSRCO can also be accessed online through the following link at https://prodenv.dep.state.fl.us/DepNexus/public/searchPortal. From the search page, insert ERIC_11632 in the Facility/Site ID: field. Then select D under Data Links. The CSRCO is the document dated 04-03-2026.   
DEPs CSRCO shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57, F.S., before the deadline for filing a petition. The procedures for petitioning for a hearing are set forth below.
A person whose substantial interests are affected by DEPs CSRCO may petition for an administrative proceeding (hearing) under Sections 120.569 and 120.57, F.S. The petition must contain the information set forth below and must be filed (received by the Clerk) in the Office of General Counsel of DEP at 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000, or via electronic correspondence at Agency_Clerk@dep.state.fl.us within 21 days of publication of the notice or receipt of the written notice, whichever occurs first. The petitioner shall mail a copy of the petition to the address of the CSRCOs recipients representative, Michael O. Sznapstajler, Esq., Cobb Cole Law Firm, One Daytona Blvd, Suite 600, Daytona Beach, FL 32114, at the time of filing the petition. The failure of any person to file a petition within the appropriate time period shall constitute a waiver of that persons 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.
Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for administrative hearing shall contain the following information:
Pursuant to Rules 28-106.201 and 28-106.301, F.A.C., a petition for administrative hearing shall contain the following information:
(a) The name and address of each agency affected and each agencys file or identification number, if known;
(b) The name, address, any e-mail address, any facsimile number, and telephone number of the petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name, address, and telephone number of the petitioners representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioners substantial interests 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 agencys action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agencys 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 agencys action.

Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the DEPs final action may be different from the position taken by it in this notice. Persons whose substantial interests will be affected by any such final decision of DEP have the right to petition to become a party to the proceeding, in accordance with the requirements set forth above. Mediation is not available in this proceeding.
Once this decision becomes final, any party to this Order has the right to seek judicial review of it under Section 120.68, F.S., by filing a Notice of Appeal pursuant to Florida Rules of Appellate Procedure 9.110 and 9.190 with the Clerk of DEP in the Office of General Counsel (Station #35, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000) and by filing a copy of the Notice of Appeal accompanied by the applicable filing fees with the appropriate district court of appeal. The notice must be filed within 30 days from the date this action is filed with the Clerk of DEP.
Publish: 04/16/26 - KWC
435133   3987304