Permit issued for stormwater management system and commercial marina construction.

NOTICE OF INTENDED AGENCY ACTION
(For publication in newspaper of general circulation)


Notice is hereby provided that the South Florida Water Management District has issued the following permit modified on July 22, 2025, with conditions, to Fontana Lakes, LLC, 2405 W. Princeton Street, Unit 2, Orlando, Florida 32804: Permit Number 49-108909-P, under Application No. 250616-53918. The project is located in Osceola County, Section 27, 28, 33, and 34, Township 26S, Range 30 East. The permit authorizes the construction and operation of a stormwater management system serving 41.10 acres of commercial development and the construction of a 174-slip commercial marina known as Fontana Marina. The permit includes an intent to grant a lease and private easement to use Sovereign Submerged Lands. The project proposes the construction of wet detention ponds SMA-Marina and a portion of SMA-1, an entrance road and parking areas for the marina, grading of the marina building pad, a temporary stockpile, a conveyance ditch between the two ponds, and construction of previously permitted control structure for SMA-Marina pond. The in water work includes construction of boat ramps, a commercial marina and dredging of 8.8 acres for a commercial marina basin and channel. This project is consistent with Conceptual Permit No. 49-100503-P, Application No. 250616-53917, as modified on August 12, 2025; Permit No. 49-100503-P, Application No. 210308-5538, and Permit No. 49-103744-P, Application No. 250616-53914, as modified on July 29, 2025. This site is vacant land, and is located west of the Florida Turnpike (State Road 91) and north of Friars Cove Road, in unincorporated Osceola County. The receiving body for the westerly flow of the project is into Lake Tohopekaliga and for the easterly flow is into Gator Bay Slough through wetlands and on-site ditches along the Florida Turnpike.


The Staff Report setting forth the staff recommendation regarding the permit, including proposed limiting conditions, can be obtained by contacting the Regulatory Records Management Section, during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406, Regulation Division, by telephone at 561-682-6911, by e-mail at permits@sfwmd.gov, or by accessing the Staff Report directly from the Districts website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.
The District's proposed agency action as set forth in the Staff Report shall become final unless a timely petition for an administrative hearing is filed under Sections 120.569 and 120.57 of the Florida Statutes before the deadline for filing a petition.


As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of the opportunities which may be available for administrative hearing or judicial review 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. Not all of the legal proceedings detailed below may be an applicable or appropriate remedy. 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 Districts (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla. Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect their substantial interests shall file a petition for hearing with the Office of the District Clerk of the SFWMD, 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, Fla. Stat.; or (2) within 14 days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat. "Receipt of written notice of agency decision" means receipt of written notice through mail, electronic mail, or posting that the SFWMD has or intends to take final agency action, or publication of notice that the SFWMD has or intends to take final agency action. Any person who receives written notice of a SFWMD 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 which materially differs from the noticed intended agency decision, persons who may be substantially affected shall, unless otherwise provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry.


Any person to whom an emergency order is directed pursuant to Section 373.119(2), Fla. Stat., 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 SFWMD may, for good cause, grant the request. Requests for extension of time must be filed with the SFWMD 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 that the SFWMD 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 of the SFWMD. 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 SFWMD headquarters in West Palm Beach, Florida. The Districts 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. 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 SFWMD's security desk does not constitute filing. It will be necessary to request that the SFWMD's security officer contact the Office of the District Clerk. An employee of the SFWMD's Clerk's office will receive and file 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. A party who files a document by e-mail shall (1) represent that the original physically signed document will be retained by that party for the duration of the proceeding and of any subsequent appeal or subsequent proceeding in that cause and that the party shall produce it upon the request of other parties; and (2) be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed.


INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201 and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made by written petition to the SFWMD 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, SFWMD file number or any other SFWMD identification number, if known.
 2. The name, address, any email address, any facsimile number, and telephone number of the petitioner and petitioners representative, if any.
 3. An explanation of how the petitioners substantial interests will be affected by the agency determination.
 4. A statement of when and how the petitioner received notice of the SFWMDs 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 SFWMDs proposed action.
 7. A statement of the specific rules or statutes the petitioner contends require reversal or modification of the SFWMDs 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 SFWMD to take with respect to the SFWMDs proposed action.


MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and Rules 28-106.111 and 28-106.401.405, Fla. Admin. Code. The SFWMD is not proposing mediation for this agency action under Section 120.573, Fla. Stat., at this time.


RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate Procedure 9.110, a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by filing a notice of appeal with the Office of the District Clerk of the SFWMD 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 clerk of the appropriate district court of appeal.
April 23, 2026