HomeMy WebLinkAbout04-2831
CITY OF ZEPHYRHILLS
5335 - 8TH STREET
(813)780-0020
BUILDING PERMIT
2831
Permit Number:
Permit Type:
Class of Work:
Proposed Use:
Square Feet:
Est. Value:
Improv. Cost:
Date Issued:
Total Fees:
Amount Paid:
Date Paid:
Work Desc:
2831
ADDITION/AL TERA TION
ADDIAL T COMMERCIAL
COMMERCIAL
Address: 4241 SKY DIVE LN
ZEPHYRHILLS, FL.
Township: Range: Book:
Lot(s): Block: Section:
Subdivision: CITY OF ZEPHYRHILLS
Parcel Number:
!
i
L
Name: CITY OF ZEPHYRHILLS
Address: 4241 SKY DIVE LN
ZEPHYRHILLS, FL. 33542
3/16/2004
1,256.95
1,256.95
3/16/2004
MAIN BATHHOUSE ADDITION
Phone:
PLUMBING FEE
SEWER CONNECTION COMMERC
1 . 1
89.00 I RADON
577.00 . WATER CONNECTION COMMERC
4.
4.20
419.00
I : 1
CONSTRUCTION POLE i 2ND ROUGH PLUMB DUCTS INSULATED
PRE-METER I WATER FINAL MECHANICAL
MISC i SEWER . MISC
MISC I MISC. i MISC.
I MISC. I MISC. 'I MISC.
?_~IVEWAY ~ MISC: LMISC. I FIRE DEPT. FINAL __
REINSPECTlON FEES: When extra inspection trips are necessary due to anyone of the following reasons, a
charge of Thirty-Five Dollars ($35.00) shall be made for each trip for each trade:
(a) Wrong address (b) Condemned work resulting from faulty construction (c) Repairs or corrections not made when
inspection called (d) Work not ready for inspection when called
(e) Permit not posted on job site (f) Plans not at job site (g) Work not accessible
1--------------- .
The payment of inspection fees shall be made before any further permits will be issued to the person owning same
-iiWarning to owner: Your failure to record a notice of commencement may result in your paying twice for
improvements to your property. If you intend to obtain financing, consult with your lender or an attorney
_ befor~_~ecording your notice of~C)_rnmencempnt."
Complete Plans, Specifications and Fee Must Accompany Application.
____~~ork shal!J~~_~rformed in accordance with City Code~and Ordinances
NO OCCUPANCY BEFORE C.O.
- -_._-----_._--_.._------_._~_.-
. ~f}~~l~R~ ~MITOFFI
CALL FOR INSPECTION - 8 HOUR NOTICE REQUIRED
PROTECT CARD FROM WEATHER
.,
CITY OF ZEPHYRHILLS PERMIT APPLICATION
BUILDING DEPARTMENT 5335 8TH St, Zephyrhills, FL 33542
813-780-0020 FAX: 813-780-0021 l)2-2/f-t:JLI
DATE RECE IVED
PHONE CONTACT FOR PERMITTING 813-7IS-()/Sa
OWNER'S NAME S K V b II/€" C ITY J / tJC . PHONE
JOB ADDRESS /f2if/ SI< Y /J III€:. LIJI./€.J zel'flY/UlILLS ~ q
8/3-7133-93'1
335"92
LEGAL DESCRIPTION: LOT(S)
BLOCK
PARCEL ID # /B-L~.22-00/()-tJ8CtXJ-()OOO
WORK PROPSED: (JNEW CONSTRUCTION ~DITION
SUBDIVISION
(ORTAIN FROM PROPERTY TAX NOTICE)
DALTERATION
DREPAIR
D INSTALL
D SIGN
PROPOSED USE: ZFAMILY DWELLING
COMMERCIAL
D MOVE
D DEMOLISH
DMULTI-FAMILY
D INDUSTRIAL
D# OF UNITS
(J SWIMMING POOL
D MOBILE HOME
D OTHER
D RESTAURANT & HEALTH DEPARTMENT APPROVAL
DESCRJ:PTION OF WORK ,MAIN I3lJ-rll#fJ()Sc ~1J~/77oN - STAre M.,f";~/lTCd
I II 1811 . I " f -? M19rcH
BUILDING SIZE /11....0 X 30- '22-8 XI3 SQUARE FOOTAGE .?17 7t:17J1.L HEIGHT EX~f:'rp.lG"
ClJAlC#715. I#G . - .
RESIDENTIAL: ATTACH (2) PLOT PLANS & (2) SETS OF BUILDING PLANS & (1) SET ENERGY FORMS.
COMMERCIAL: ATTACH (3) SETS OF BUILDING PLANS & (I) SET ENERGY FORMS.
IF SIGN PERMIT ONLY (2) SETS OF ENGINEERED PLANS REQUIRED.
PROPERTY SURVEY REQUIRED FOR ALL NEW CONSTRUCTION.
PERMITS REQUESTED
~ILDING~8.~. $ VALUATION OF TOTAL CONSTRUCTION
~ECTRICAL EXIS'rlNG-~~1J AMP SERVICE ~LORIDA POWER D
W.R.E.C.
~LUMBING
(J MECHANICAL J/.A. $
(J GAS D ROOFING (J SPECIALTY
TYPE OF CONSTRUCTION: ~CK
VALUATION OF MECHANCIAL INSTALLATION
D OTHER
D FRAME
D STEEL
D OTHER
FINISHED FLOOR ELEVATIONS ,llJlrrCH
EXIS',/,.{G CU.
IS PROJECT IN FLOOD ZONE AREAD YES
~
SIGNATURE
CO~c:TOlt?SECTION
BUILDER
COMPANY
(.tv
c: fJlA,J Iv"c.~ :t", ~
STATE CERT OR REGIST # CA COV.AA {
******************************************************************
ELECTRICIAN
SIGNATURE ~-:D:::..- \t.)~-4
COMPANY_R...,.,... ~"'''- ~
.
I
STATE CERT OR REGIST # 1&.1 'lOa
******************************************************************
PLUMBER
,/
COMPANY 4("r~,~ itrV/I,-<_
STATE CERT OR REGIST # yp t
/
SIGNATURE
* ************************************************
MECHANICAL
SIGNATURE
NA.
COMPANY .
STATE CERT OR REGIST #
*****************************************************************
OTHER
COMPANY
SIGNATURE
STATE CERT OR REGIST #
A. NOTICE OF DEED RESTRICTIONS
The undersigned understands that this permit may be subject to "deed restrictions" wttich
may be more restrictive than City regulations. The undersigned assumes responsibility for
compliance with any applicable deed restrictions.
B. UNLICENSED CONTRACTORS AND CONTRACTOR RESPONSIBILITIES
If the owner has hired a contractor or contractors to undertake work, they may be required
to be licensed in accordance with state and local regulations. If the contractor is not
licensed as required by law, both the owner and contractor may be cited for a misdemeanor
violation under state law. If the owner or intended contractor are uncertain as to what
licensing requirements may apply for the intended work, they are advised to contact the
City of Zephyrhills Building Department, 813-780-0020.
Furthermore, if the owner has hired a contractor or contractors, he is advised to have the
contractor(s) sign po~tions of the "Contractor Sections" of this application for which they
will be responsible. If you, as the owner signs as the contractor, you are indicating that
you, rather than the contractor, are responsible for the ~9.fi<~" If !:h~ ,c9i).tractor wishes
you to sign as contractor that may be an indication that he is ~ot properly licensed and is
not entitled to permitting privileges in the City of Zephyrhills.
C. TRANSPORTATION IMPACT FEES AND UTILITY CONNECTION FEES
D. CONSTRUCTUION LIEN LAW (CHAPTER 713, FLORIDA STATUTES, AS AMENDED)
I certify that I, the applicant, have been provided with a copy of "Florida's Construction
lien Law - Homeowner's Protection Guide" prepared by the Florida Department of Agriculture
and Consumer Affairs. If the applicant is someone other that the "owner", I cerify that I
have obtained a copy of the above described document and promise in good faith to deliver
it to the "owner" prior to commencement.
E. CONTRACTOR'S/OWNER'S AFFIDAVIT
I certify that all the information in this application is accurate and that all work will
be done in compliance with all applicable laws regulating construction, zoning, and land
development. "'- (~ f.
Appli~ation is hereby made to obtain a permit to nq,~ork and installation as indicated. I
certify that no work or installation has commenced prior to issuance of a permit and that
all work will be performed to meet standards of all laws regulating construction, City
codes, zoning regulations, and land development regulations in the jurisdiction. I also
certify that I understand that the regulations of other governmental agencies may apply to
the intended work, and that it is my responsibility to identify what actions I must take to
be in compliance. Such agencies include but are not limited to: *Department of
Environmental Regulation-Cypress Bayheads, Wetland Areas and Environmentally Sensitive
Lands, Water/Wastewater Treatment
*Southwest Florida Water Management District-Wells, Cypress Bayheads, Wetland Areas,
Altering Watercourses
*Army Corps of Engineers-Seawalls, Docks, Navigable Waterways
*Department of Health & Rehabilitative Services, Environmental Health Unit-Wells,
Wastewater Treatment, Septic Tanks
*U.S. Environmental Protection Agency-Asbestos abatement
I also certify that, if fill material is to be used in Flood Zone "A" or "A, etc.", it is
understood that a drainage plan addressing a "compensating volume" will be submitted which
is prepared by a professional engineer registered in the State of Florida prior to permit
issuance.
A permit issued shall be construed to be a license to proceed with the work and not as
authority to violate, cancel, alter, or set aside any provisions of the technical codes,
nor shall issuance of a permit prevent the Building Official frpm thereafter requiring a
correction of errors in plans, construction, or violations of any code. Every permit
issued shall become invalid unless the work authorized by such permit is commenced within
six months of issuance, or if work authorized by the permit is suspended or abandoned fora
period of six months after the time the work is commenced. One 90 day extension of time
may be allowed for the permit with fee charge of $15.00. The extension shall be requested
in writing to the Building Official. An approved inspection must be logged during each six
month period, or the project will be considered abandoned.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT
WITH YQUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. JOBS UNDER
$27)2 iE;:1 ::rRECORD AND POST A :?Y;;?:Z
SIGNATURE: OWNER OR "AGENT SIGNATURE: CONTRACTOR
STATE OF iL6RiP~_
COUNTY OF ~~~
The foregoing instrument was acknowledged
Before me this ~ day of Ce~ , 2~
by
~ Jname of person acknowledged)
~o is personally known to me, or
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was
Before me this ~day of
by
ff\\~
~nOwledged
, 20~
(name of person acknowledged)
~o is personally known to me, or
Dwho has produced
(type of identification)
and W~ke an oath.
Signature of person taking acknowledgement
Dwho has produced
(type of identification)
and WhO~~C take an oath
Signature of person taking acknowledgment
Name ~~
~ ~
o -
% n
Name
illOl~~b<i?l S~1e'N~~a
My Commission Expires July 28, 200<:
Commission No. CC954594
Mibar Const.
4241 Sky Dive Lane
SQ. FEET PRICE
MAIN OR LIVING: 420 $ 25.00
OTHER AREA UNDER ROOF: $ 25.00
OTHER: - $ -
VALUATION $ 10,500.00
FEE SHEET $ 85.00
ADDRESS $ -
DRIVEWAY $ -
BUILDING: $ 127.50
CREDIT: $ -
BUILDING LESS CREDIT: $ 127.50
ELECTRICAL: $ 40.25
PLUMBING: $ 89.00
MECHANICAL: $ -
RADON: $ 4.20
TOTAL $ 260.95
:;}5tt;, 7 ~
SEWER: $ ,',O,v.V'<7
WATER: $ 419.00
IRRIGATION: $ -
TOTAL: $ ...,v.......vv
57i, 0 c
Qt1lo,...."
I
I
I
I
I
WATER METER:I $
IRRIGATION METER $
SUB-TOTAL $ ,.2,295.Q5 t
SIF'S'I $
97.5% $
2.5% $
, TIF'S'r
99% $
1% $
TOTAL: $
2,295.95 t--
N()Tl(~IC ()F (X)1V[lVIENCEJ\1I~.Nrf
State or.ELQRL.lJA_'___'_____ _______________ COUllty oLEA $;(;I2___~______________________
TIlE lJNIJEHSIGNEI) hereby gives lIotke that improvement will be made to certaillrcaJ property,
and in accordance with Chapter '713, Florida Statutes, the following ill rormation is provided ill
this Notice of Commencement:
'"
~" .,.:. ,
t. Description or Pmperty: Parcel No. ,lB-_Z.f_-=--~2- =J?qlq-{2.~6.pJZ_- _QQ_QQ______.,
't2-'tl,_"SJsJ_~_4I1(.E__~/{~S_~,~~1-I Y~!tt.~-.J?~~~3 ~ if k~__.___._
(Legal description of the property and street address if available)
2. General Description or [rnprovemellt ?-/(l/:;So~~-il-s.l171i_:lf.()U_S~l::__A~~.trltJA/.__._
317 --,:SQ,..-Er__,__7e:L/1k___IL.~~_~ ,u,~~E --_~ _____ 11111111111111111111111111111111111111111111111111111111111I
2004031173
---'-'---~-- '" .., --'-, ------------'------------,-,-,-----------...-~------ -,-- Rcpl: 758518 Rec: 10.50
DS: 0.00 IT: 0.00
(J \V lie r In rem n at i ( 1I1: N a me5ky~~LtL~_ C.lT~-j~{;---.,,--~,!~~:~~~~_,-------,-,. ___~~~,~_~_lerk
Address '-12'-1/ SKYlJi V€ L~NE CityZf;lJ}jVlt:.jj)tt.S State F( ________
Interest i;~;)~()I:,:(Y~;~~/J:~~7;~;;lLLAf~-~~ "';;~~Ut~~~-~3~
N anl.e 0 ("Fee S i 111 pie Ti tie 110 IdeI': -{:;LT~-_n()nE__-z.r;;P'i't~l!.J ~~_~ _/11 ~~~___ ____
(I r other OWl! owner)
''"'''''''''..'
';"..,~
"'- ..~:~
.~"~~
i \;.
Address $..~ ~~__~_~_~~__________.._ City ~1j\ff!..J.fJJj.~-_~______ 5tale__Et....:._____,_
4. Contractor: Name .I!1LL-B~--Ctl..tLSz&Jl{:,7/0tJ+ /IIIC . '__.____~________,__~
A ddress js:Cfjl,-tLs.~,_3_t>.._L_!Xp_W.___ CityLJM,g___,.Qt!Y___~_m__ S tate.Jl_:??:.__'i~_
5. ,) U 1'(' t.Y: N 11 III e____t\t_~___,____,___,___,___.______________,~,~ __ , _ "Un_' ________ _,_~ _ _______ _ u___. _ _ _,_ ~
Address ----, .__________.__ . ___~__~___ City _____ ____~__,~._~ __ __ __ ,___ SU1te,___un___
Amount 0 r Bon( 1: $ --4LL----~______~._ __ 1I2~2~~U"~, r;~OFNT.;, C~ERI<
6, Lender: r--lallle, ~tif}_._~___,_()_4!~ ~-EL~!1f" ~______.., __~_~_~~___~_!~_.._____ p~__~~~
Address
_ ~ OM ._________________..__ _______._
City________________.__________ .__ ,Slale
7. Persuns withinlhe State of Florida designated by Owner upon whom notices 01 other
doculllents Inay be served as provided by Section 713.l3 (I) (a) (7), Florida Statutes:
N aJne_A=:L-.-i.A{~.f>€C_r( t)~~1-.L A[f__"__ _______________
Address </l,-~,~---4~){___1_'l3____________ CitiZ~/jy/2-1ft t? ~___.. State_._E~,________
8. 111 addition to llil1lsel f, O\.vner (lesignates Jdj.t_L,t/1-1'YJ__/l~___.d/!LC?I5:.______~___________________
of -,&-,:!:-:_l'Y'~!!~c;.~7!IJA/~:L!.'.Y~__..________ to recei ve n cupy of lhe L.ienor's [\Jotice as
provided ill ~3ectioll 713.13 (]) (b), T'lorida Statutes. '
l) Expiraliol1 date or Notice or COllllUenCement (the expiration date is I year from the date
of recording unless a different date is specifiecl.) .
S~M~:~~_~:~~~~a~~___~
~::~::~~~~~YOf=~~~_=::~~~
My Coltlllli"8 ion Exp; res: ---~~--1~_~ _~ ___.._____ ___ .._~.__ -~~_Lm ______ ~_____ ....
7J Berbera GIIHd.
PC9305~1048/A !'.., .; MyCommlaslonDD178123
~......~ Expires FebruaIy 07 2007
Skydive
City
OR BK
5737
2
PG 886
of 2
February 19,2004
City of Zephyrhills Building Department
Dear sirs/madams:
This is just to inform you that Bill Back of A 1 Inspections will be and is permitted to act on our behalf in
regards to building matters, permits and construction issues at Skydive City in Zephyrhills, Florida
David TK Hayes
General Manager
~7E d3~ r:-~;~#
~~7 tJr ~
RAi I (
~ -/9-ZJ~
.~\~VI""11
i'J.l:t'" ..f~ Sam W Surrall
ti !*~ MY COMMISSION # 00090852 EXPIRES
'~i-.....@ Februol}' 10, 2006
""}?f.,fX'\\ 8ONOED1'HQoUTIlOY FAlNINSUtAHCt IHC
STATE OF FLORIDA
COUNTY OF PASCO
THiS IS TO CERHv THAT THE FOREGOING IS A
TRUE AND CORRECT coPy OF THE DOCUMENT ON FILE
OR OF PUBliC RECORD IrJ THiS OFFICE, WITNESS MY
HANO '~SEAL THIS.c23 DAY Of
." 2 tJDV
JEO Plm~CuifcOllRT
BY , DEPUTY CLERK
Mail: PO Box 1599, Zephyrhills, FL 33539-1599
Dropzone: 4241 Skydive Lane, Zephyrhills, FL 33542
(813) 783-9399, (813) 782-0599 fax
info@skydivecity.com http://www.skydivecity.com
j3ILL BrJ~G~ss/
:rUsr ..+ ~fr)/NtJ&e/ .r /-IAT/E SfJlJ~AI WIT1-f 'ItJd
It /I
/!EG~/"G -pJ..E; P/JD7 ~ W6 ONLy J.h9//€ .2 S/Z~~
Sli..-rS or I'tANS_ '71/...E; TJf1~ ~,lJy SlIlJ /I11~ /s :rt.JST
7If-,4-r - If;f CoP'!' '~ #tJ~€ 7/}?S /S S77f.L, SU~/C/~# r:
As PeIl- (]()AI/%/Icr ,lU:tPl.Il~/11€..NT_.... / L~ ;rUST
J.J.4 WI tJ G () ur 7: K. AS t1 VI OK- L1" ;9 J' .:;::. C4 AI I j=i1 ~ A-
~. C;HAl IWIt.L <<fIJU AS-SIGN /j QJSr €V"LVA711JN
nIL- PftS /~()-:r€e:r- / ..r.M. su/l..L YoU I'LL t3~ ~A._
CH~ I~ YIJU J..kWe A-N l( c;Jue $"770 A/ s ..
.~,es
I
~d.g~
COMMERCIAL
CHECKLIST FOR NEW CONTRUCTION PERMITTING
CITY OF ZEPHYRHILLS
;; '7-
N-tt- Si te Plan
date:
~-Notice of
-L,L/ Application completed in its ENTIRETY.
approved
Check if contractor & subs are currently registered.
~If Florida Energy Efficiency Form completed.
~ SETS of Engineered Building Prints
and Mechanical diagrams. c-f I ~
~..
with Electrical, Plumbing
rvi)'
----r-
If Business Classification is State Regulated, approval must be on
engineered building prints.
~CITY R-O-W Use Permit, if applicable.
~ Pasco County R-O-W Permit, if applicable.
~ Department of Transportation R-O-W Permit, if applicable
7
Give Elevation Certificate, if applicable.
~ Verify Water & Sewer Service.
Sewer & Water Connection Fees, Transportation Impact Fees & Water
Meter Fee paid prior to or at time of permit issuance.
Pasco County Resource Fee must be paid prior to issuance
of Certificate of Occupancy.
***** SEE ATTACHMENT REGARDING CERTIFICATE OF OCCUPANCY CHECKLIST.
-.~
'1M! MilBar Construction, Inc.
15911 u.s. 301 · Dade City, Florida 33525 C>
/567-6047 · 800/562-2393 · Fax: ,/567-4454
Date:
09/19/04
'1'0:
City of Zephyrnills
Re: License # CBC 023221
<i>t.('M\tr +or S\~ J)\\,'(... l"f... 0(\.\'1
To Whom It May Concern:
Please accept this letter as authorization for Bill Back
to act on behalf of myself, V2nce Milton , and MilBar Construction, Inc.
in the procurement of all legal permits and/or licenses as requir.ed by the
state of Florida and/or the various city and/or county governments located
therein; authorization is also granted to sign in my stead as required in
the acquisition of the aforenlentioned permits and/or licenses.
MILBAR CONSTRUCTION, INC.
a JI!~
President
state of Florida
County of Pasco
The foregoing instrument was acknowledged before me this 19th day of February
2004, by Vance Milton , who is personally known to me and did not take an
oath.
Notary Public:
f)~
Commission:
,;"~" Ac.!OllVIA A. LOVEn
:;, . ~ Notary Public. State Of Florida
'" ~ "My CommIssion Expires July 28, 2004
,Commission No. CC954594
State Certified
Slale Certified
Slate Registered
P f "llr(1frr:'llr
An Equal
Opportunity
Employer
Thomas O. D8bney, II
Chair, Sarasota
W__ L Haynes, "
Vice Chair, Pinellas
Janet D. Kovach
Secretary. Hillsborough
M..... N. Domi......z
Treasurer, Hillsborough
Edwllld W. Ch_.
Manatee
RonnII. E. Duncan
Pinellas
..--. L Fentntss
Highlands
~ C. JohnllOn
Polk
H.ldl B. McC....
Hillsborough
T. O. "JenyB Rica
Pasco
Judith C. WhIteIIe8d
Hernando
DMld L MoMe
Executive Director
__ A. Heeth
Assistant Executive Director
WlHlam S. Bllanky
General Counsel
Protecting Your
Water Resources
.Southwest Florida
Water Management District
- < -
2379 Broad Street, Brooksville, Florida 34604-6899
(352) 796-7211 or 1-800-423-1476 (FL only)
SUNCOM 628-4150 roD only 1-800-231-6103 (FL only)
On the Internet at: WaterMatters.org
Tampa Service Office
7601 Highway 301 North
Tampa, Florida 33637-6759
(813) 985-7481 or
1-800-836-0797 (FL only)
SUNCOM 578-2070
Bartow Service Offtce
170 Century Boulevard
Bartow, Florida 33830-7700
(863) 534-1448 or
1-800-492-7862 (FL only)
SUNCOM 572-6200
Sarasota Service Office
6750 Fruitville Road
Sarasota, Florida 34240-9711
(941) 377-3722 or
1-800~320-3503 (FLonly)
SUNCOM 531-6900
Lecanto Service OffIce
3600 West Sovereign Path
Suite 226
Lecanto, Florida 34461-8070
(352) 527-8131
SUNCOM 667-3271
September 29,2003
D a: ~ ~,!1 \Vj !E~
' OCT n 'l ""'''3 In
v I.. ,"U\J UJ
David TK Hayes
Skydive City
PO Box 1599
Zephyrhills, FL 33539-1599
CITY OF ZEPHYRHfUS
Subject.
Project EvaluationlExemption Inquiry
Project Name: Skydive City - Building Addition
Inquiry Number: 165
County: Pasco
SecfTwp/Rge: 18/26S/22E
Latitude/Longitude: 28013'08";82009'03"
I 11 ~3 l
~
Reference:
Subsection 400-4.021 (7), Florida Administrative Code (FA C.)
Dear Mr. Hayes:
The District has reviewed the information you submitted for the project referenced above and has
determined that an Environmental Resource Permit (ERP) will be required the building addition.
This project does not qualify for an exemption as it constitutes a substantial change or expansion
of a surface water management system.
Plans and information subm itted will be kept on file in the Brooksville Service Office in support of
this decision.
This letter constitutes notice of Final Agency Action of the project referenced above. A request for
hearing must: (1) explain how the substantial interests of each person requesting the hearing will
be affected by the District's action, or proposed action, (2) state all material facts disputed by the
person requesting the hearing or state that there are no disputed facts, and (3) otherwise comply
with Chapter 28-106, FAG. Copies of Sections 28-106.201 and 28-106.301, FAC. are enclosed
for your reference. A request for hearing must be filed with (received by) the Agency Clerk of the
District at the District's Brooksville address within 21 days of receipt of this notice. Receipt is
deemed to be the fifth day after the date on which this notice is deposited in the United States
mail. Failure to file a request for hearing within this time period shall constitute a waiver of any
right you or such person may have to request a hearing under Sections 120.569 and 120.57, F.S,
Mediation pursuant to Section 120.573, F.S., to settle an administrative dispute regarding the
District's action in this matter is not available.
Enclosed is a "Noticing Packet" that provides information regarding the District Rule 40D-1.1 01 0,
F.A.C., which addresses the notification of persons whose substantial interests may be affected
by the District's action in this matter. The packet contains guidelines on how to provide notice of
the District's action, and a notice that you may use.
Perm it No.: 1 ti5
September'29,2003
Page 2
If you have questions regarding this matter, please contact Edwin J. Rogers, P.E., at the Brooksville Service
Office, extension 4320. Please reference the Project Name and Inquiry Number in future communications
concerning this project.
SinCerelY" I,)' /I\A " /J
, ,'1~fl)!J
pa1l. O'Neil, Jr., P.E., Interim Director
Br~~~~iIIe Regulation Department
PWO:EJR:kcl
Enclosures:
Noticing Packet (42.00-049)
Section 28-106.201 and 28-106.301. FAC.
Inquiry No. 165
US Army Corps of Engineers
Qty of Zephyrhills
cc:
PART n HEARINGS INVOLVING
DISPUTED ISSUES OF MATERIAL FACT
28-106.201 Initiation of Proceedings.
(1) Unless otherwise provided by statute, initiation of
proceedings shall be made by written petition to the agency
responsible for rendering final agency action. The term
"petition" includes any document that requests an evidentiary
proceeding and asserts the existence of a disputed issue of
material fact. Each petition shall be legible and on 8 Y2 by 11
inch white paper. Unless printed, the impression shall be on
one side of the paper only and lines shall be double-spaced.
(2) All petitions filed under these roles shall contain:
(a) The name and address of each agency affected and
each agency's file or identification number, ifknown;
(b) The name, address, 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 ofhow the petitioner's 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 the petitioner contends warrant
reversal or modification of the agency's proposed action;
(t) A statement of the specific roles or statutes the
petitioner contends require reversal or modification of the
agency's proposed action; and
(g) A statement of the relief sought by the petitioner,
stating precisely the action petitioner wishes the agency to
take with respect to the agency's proposed action.
(3) Upon receipt of a petition involving disputed issues of
material fact, the agency sha1l grant or deny the petition, and
if grant~d shall, unless otherwise provided by law, refer the
matter to the Division of Administrative Hearings with a
request that an administrative law judge be assigned to
conduct the hearing. The request shall be accompanied by a
copy of the petition and a copy of the notice of agency action.
(4) A petition shall be dismissed if it is not in substantial
compliance with subsection (2) of this role or it has been
untimely filed. Dismissal of a petition shall, at least once, be
without prejudice to petitioner's filing a timely amended
petition curing the defect, unless it conclusively appears from
the face of the petition that the defect cannot be cured.
(5) The agency shall promptly give written notice to all
parties of the action taken on the petition, shall state with
particularity its reasons if the petition is not granted, and shall
state the deadline for filing an amended petition if applicable.
Specific Authority 120.54(3), (5) F.S. Law Implemented
120.54(5), 120.569, 120.57 F.S. History-New 4-1-97,
Amended 9-17-98.
PART m PROCEEDINGS AND HEARINGS
NOT INVOLVING DISPUTED ISSUES OF
MATERIAL FACT
28-106.301 Inltiation of Proceedings
(l) Initiation of a proceeding shall be made by written
petition to the agency responsible for rendering final agency
action. The term "petition" includes any document which
requests a proceeding. Each petition shall be legible and on
8 Y2 by 11 inch white paper or on a form provided by the
agency. Unless printed, the impression shall be on one side of
the paper only and lines shall be double-spaced.
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and
each agency's file or identification number, ifknown;
(b) The name, address, 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 will
be affected by the agency determination;
(c) A statement of when and how the petitioner received
notice of the agency decision;
(d) A concise statement of the ultimate facts alleged,
including the specific facts the petitioner contends warrant
reversal or modification of the agency's proposed action;
(e) A statement of the specific roles or statutes the
petitioner contends require reversal or modification of the
agency's proposed action; and
(f) A statement of the relief sought by the petitioner,
stating precisely the action petitioner wishes the agency to
take with respect to the agency's proposed action.
(3) If the petition does not set forth disputed issues of
material fact, the agency shall refer the matter to the presiding
officer designated by the agency with a request that the matter
be scheduled for a proceeding not involving disputed issues
of material fact. The request shall be accompanied by a copy
of the petition and a copy of the notice of agency action.
(4) A petition shall be dismissed if it is not in substantial
compliance with subsection (2) of this Rule or it has been
untimely filed. Dismissal of a petition shall, at least once, be
without prejudice to petitioner's filing a timely amended
petition curing the defect, unless it conclusively appears from
the face of the petition that the defect cannot be cured.
(5) The agency shall promptly give written notice to all
parties of the action taken on the petition, shall state with
particularity its reasons if the petition is not granted, and shall
state the deadline for filing an amended petition if applicable.
Specific Authority 120.54(5) F.S. Law Implemented
120.54(5), 120.569, 120.57 F.S. History-New 4-1-97,
Amended 9-17-98.
42.00-028 (10/99)