Section XII Miscellaneous

Transcription

1 One set of plans and specifications will be supplied to all pre-qualified trade contractors at no cost. Drawings will be available April 15, Trade contractors are responsible for the cost of shipping. Additional sets may be purchased directly from the copy center. Copy center information will be distributed with the Proposal Packages. St. Petersburg College and Peter R. Brown Construction, Inc. reserve the right to accept or reject any and all proposals in whole or part and to waive informalities and irregularities. No verbal instruction or directives will be accepted regarding this project during the proposal period. All instructions or directives must be clarified through written Addenda or Supplements. All questions regarding the work should be directed to the Construction Manager, in writing by April 24, The Owner and Architect will not accept calls regarding this project. Section XII Miscellaneous DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Franchise Motor Vehicle Dealer in a County of Less given that Subaru of America, Inc., South Central Region, intends to allow the establishment of Auto Partners II, LLC d/b/a Dyer Subaru, as a dealership for the sale of Subaru vehicles (SUBA) at 999 US Highway 1, Vero Beach, (Indian River County), Florida 32962, on or after April 1, principal investor(s) of Auto Partners II, LLC d/b/a Dyer Subaru are dealer operator(s): William D. Dyer, 999 US Highway 1, Vero Beach, Florida 32962; principal investor(s): David F. Dyer, 300 Beach Drive North, St. Petersburg, Florida 33701; Harriet Dyer, 300 Beach Drive North, St. Petersburg, Florida 33701; William D. Dyer, 999 US Highway 1, Vero Beach, Florida and Tatiana Y. Dyer, 999 US Highway 1, Vero Beach, Florida location in a county of less than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research. U.S. Mail to: John Thamert, Subaru of America, Inc., South Central Region, 220 The Bluffs, Austell, Georgia motorcycles manufactured by Chongqing Hi-Bird Motorcycle Manufacture Industry Co. Ltd. (HIBR) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, and Heidi Drwal, 6255 Linneal Beach Drive, Florida Section XII - Miscellaneous

2 motorcycles manufactured by Zhejiang Jiajue Apollo Vehicle Manufacture Co. Ltd. (JIAJ) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, and Heidi Drwal, 6255 Linneal Beach Drive, Apopka, Florida motorcycles manufactured by Kinroad Xintian Motorcycle Manufacture Co. Ltd. (KNRO) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, and Heidi Drwal, 6255 Linneal Beach Drive, Apopka, Florida Section XII - Miscellaneous 1571

3 motorcycles manufactured by Taixing Sandi Motorcycle Co. Ltd. (SNDI) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, and Heidi Drwal, 6255 Linneal Beach Drive, Apopka, Florida motorcycles manufactured by Jiangsu Sunhou S & T Motorcycle Co. Ltd. (SNHU) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, Linneal Beach Drive, Apopka, Florida 32703; principal investor(s): Tina Wilson, 6255 Linneal Beach Drive, Apopka, Florida and Heidi Drwal, 6255 Linneal Beach Drive, Apopka, Florida motorcycles manufactured by Zhejiang Leike Machinery Co. Ltd. (ZLMI) at 1918 South Orange Blossom Trail, Apopka (Orange County), Florida 32703, on or after April 12, and Heidi Drwal, 6255 Linneal Beach Drive, Apopka, Florida Section XII - Miscellaneous

4 Franchise Motor Vehicle Dealer in a County of Less given that Pacific Rim International West, Inc., intends to allow the establishment of M & S Scooters, Inc., as a dealership for the sale of motorcycles manufactured by Huzhou Daixi Zhenhua Technology Trade Co. Ltd. (DAIX) at Northeast US Highway 301, Waldo (Alachua County), Florida 32694, on or after March 10, principal investor(s) of M & S Scooters, Inc. are dealer operator(s): Mahmoud Montaser, Northeast US Highway 301, Waldo, Florida 32694; principal investor(s): Mahmoud Montaser, Northeast US Highway 301, Waldo, Florida location in a county of less than 300,000 population, according to the latest population estimates of the University of Florida, Bureau of Economic and Business Research. U.S. Mail to: Wendy Yu, Pacific Rim International West, 2260 South Archibald Avenue, Unit E, Ontario, California given that Cruise Car, Inc., intends to allow the establishment of Renewable Energy Technology, LLC, as a dealership for the sale of low speed vehicles manufactured by Suzhou Eagle Electric Vehicle Manufacturing Co. (EEVM) at Oxford P1 Unit D, Boca Raton (Palm Beach County), Florida 33433, on or after May 1, principal investor(s) of Renewable Energy Technology, LLC are dealer operator(s): John Merritt, Post Office Box , Boca Raton, Florida 33488; principal investor(s): John Merritt, Post Office Box , Boca Raton, Florida U.S. Mail to: William A. Kics, Cruise Car, Inc., 1932 Whitfield Park Loop, Sarasota, Florida given that Yuan Cheng International Group, Inc. d/b/a New Star Technology, intends to allow the establishment of Sunset Section XII - Miscellaneous 1573

5 Point Scooters, Inc. d/b/a Sunset Scooters, as a dealership for the sale of motorcycles manufactured by Shanghai Shenke Motorcycle Co. Ltd. (SHEN) at 2300 Sunset Point Road, Clearwater (Pinellas County), Florida 33765, on or after March 11, principal investor(s) of Sunset Point Scooters, Inc. d/b/a Sunset Scooters are dealer operator(s): Gary D. Parr, 2300 Sunset Point Road, Clearwater, Florida and Douglas V. Vitello, 2300 Sunset Point Road, Clearwater, Florida 33765; principal investor(s): Gary D. Parr, 2300 Sunset Point Road, Clearwater, Florida and Douglas V. Vitello, 2300 Sunset Point Road, Clearwater, Florida U.S. Mail to: John Cheng, President, Yuan Cheng International Group, Inc. d/b/a New Star Technology, Ada Avenue, Montclair, California given that Yuan Cheng International Group, Inc. d/b/a New Star Technology, intends to allow the establishment of Sunset Point Scooters, Inc. d/b/a Sunset Scooters, as a dealership for the sale of motorcycles manufactured by Zhejiang Xingyue Vehicle Co. Ltd. (ZXYV) at 2300 Sunset Point Road, Clearwater (Pinellas County), Florida 33765, on or after March 11, principal investor(s) of Sunset Point Scooters, Inc. d/b/a Sunset Scooters are dealer operator(s): Gary D. Parr, 2300 Sunset Point Road, Clearwater, Florida and Douglas V. Vitello, 2300 Sunset Point Road, Clearwater, Florida 33765; principal investor(s): Gary D. Parr, 2300 Sunset Point Road, Clearwater, Florida and Douglas V. Vitello, 2300 Sunset Point Road, Clearwater, Florida U.S. Mail to: John Cheng, President, Yuan Cheng International Group, Inc. d/b/a New Star Technology, Ada Avenue, Montclair, California given that CF Moto Powersports, Inc., intends to allow the establishment of Suncoast Motors, Inc., as a dealership for the sale of motorcycles manufactured by Chunfeng Holding Group Co. Ltd. (CFHG) at 853 US Highway 41 Bypass South, Venice (Sarasota County), Florida 34285, on or after March 19, principal investor(s) of Suncoast Motors, Inc. are dealer operator(s): Bob Shapiro, 853 US Highway 41 Bypass South, Venice, Florida 34285; principal investor(s): Bob Shapiro, 853 US Highway 41 Bypass South, Venice, Florida Section XII - Miscellaneous

6 U.S. Mail to: Ivan Escalante, CF Moto Powersports, Inc., 3555 Holly Lane North, #30, Plymouth, Minnesota BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND Notices for the Board of Trustees of the Internal Improvement Trust Fund between December 28, 2001 and June 30, 2006, go to under the link or button titled Official Notices. AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF BATCHED APPLICATION RECEIPT AND NOTICE OF TENTATIVE PUBLIC HEARING The Agency for Health Care Administration has received and accepted the following Certificate of Need application for review in the batched Hospital Beds and Facilities review cycle with an application due date of March 11, County: Marion District: 3 CON # Application Receipt Date: 3/11/2009 Facility/Project: HealthSouth Rehabilitation Hospital of Ocala, LLC Applicant: HealthSouth Rehabilitation Hospital of Ocala, LLC Project Description: Establish a comprehensive medical rehabilitation hospital of up to 60 beds Also, IF REQUESTED, a tentative public hearing has been scheduled as follows: PROPOSAL: District 3 DATE/TIME: Tuesday, April 28, 2009, 1:00 p.m. 3:00 p.m. PLACE: WellFlorida Council 1785 N. W. 80th Boulevard Gainesville, FL Public hearing requests must be in writing and be received at: Agency for Health Care Administration, CON Office, 2727 Mahan Drive, Mail Stop 28, Tallahassee, Florida 32308, Attention: James B. McLemore, by 5:00 p.m., April 10, In lieu of requesting and attending a public hearing, written comments submitted to the department relative to the merits of the application will become part of the official project application file. Pursuant to subsection 59C-1.010(3), F.A.C., written comments must be received by April 15, DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices for the Department of Environmental Protection between December 28, 2001 and June 30, 2006, go to under the link or button titled Official Notices. The Department of Environmental Protection (Department) gives notice of its intent to issue a variance under Sections (17) and , Florida Statutes, to the Overboard, LLC., located at st Street, Grant, Florida (File No ) from the provisions of Part II section (Criteria for Evaluation) of the Applicant s Handbook for the St. Johns River Water Management District, adopted by the Department in Chapter , F.A.C., which restrict dredging or filling in, adjacent to, or in close proximity to Class II waters or located in Class III waters that are classified as approved, restricted, or conditionally restricted for shellfish harvesting. The variance will allow the applicant to reconfigure an existing 10 slip docking facility within Class II waters classified as a Conditionally Restricted Shellfish Harvesting Area. Under this intent to issue, this variance is hereby granted subject to the applicant s compliance with any requirement in this intent to publish notice of this intent in a newspaper of general circulation and to provide proof of such publication in accordance with Section , Florida This action is final and effective on the date filed with the Clerk of the Department unless a sufficient petition for an administrative hearing is timely filed under Sections and , Florida Statutes as provided below. If a sufficient petition for an administrative hearing is timely filed, this intent to issue automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Therefore, on the filing of a timely and sufficient petition, this action will not be final and effective until further order of the Department. When proof of publication is provided, if required by this intent, and if a sufficient petition is not timely filed, the variance will be issued as a ministerial action. Because an administrative hearing may result in the reversal or substantial modification of this action, the applicant is advised not to commence construction or other activities until the deadlines noted below for filing a petition for an administrative hearing or request for an extension of time have expired and until the variance has been executed and delivered. Mediation is not available. A person whose substantial interests are affected by the Department s action may petition for an administrative proceeding (hearing) under Sections and , Section XII - Miscellaneous 1575

7 Florida The petition must contain the information set forth below and must be filed (received by the clerk) in the Office of General Counsel, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida Under subsection (4), Florida Administrative Code, 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, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida , before the applicable deadline. 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. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. If a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Intervention will be permitted only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule , Florida Administrative Code. In accordance with Sections (17) and , Florida Statutes, petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section (3), Florida Statutes, must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section (3), Florida Statutes, however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under Sections and , Florida A petition that disputes the material facts on which the Department s action is based 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, 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. A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule , Florida Administrative Code. Under Sections (2)(c) and (d), Florida Statutes, a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This intent to issue a variance constitutes an order of the Department. Subject to the provisions of Section (7)(a), Florida Statutes, which may require a remand for an administrative hearing, the applicant has the right to seek judicial review of the order under Section , Florida Statutes, by the filing of a notice of appeal under rule of the Florida Rules of Appellate Procedure with the Clerk of the Department, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida ; 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 of appeal must be filed within 30 days from the date when the order is filed with the Clerk of the Department. The applicant, or any party within the meaning of Section (1)(a) or , Florida Statutes, may also seek appellate review of the order before the Land and Water Adjudicatory Commission under Section (1) or , Florida Requests for review before the Land and Water Adjudicatory Commission must be filed with the Secretary of the Commission and served on the Department within 20 days from the date when the order is filed with the Clerk of the Department. The Department of Environmental Protection gives notice of its intent to grant a variance under Section , F.S., from the provisions of paragraph (5)(c), sub-subparagraph (2)(a)2.b., subsections (1) and (3), F.A.C., to allow the turbidity mixing zone to exceed 150 meters, to Escambia 1576 Section XII - Miscellaneous

8 County, 1190 West Leonard Street, Pensacola, FL 32501, and Florida Park Service Perdido Key State Park, 3900 Commonwealth Boulevard MS 500, Tallahassee, FL (File No EV) to establish a maximum allowable turbidity level above background for work within Gulf Island National Seashore, Outstanding Florida Waters (OFW). At the dredge sites, the mixing zone would extend 1,500 meters downcurrent of the dredge. At the beach placement areas, the mixing zone would extend 1,500 meters downdrift from the point where water from the sand discharge pipe re-enters the Gulf of Mexico. The Department s file on this matter 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 of Environmental Protection, Bureau of Beaches and Coastal Systems, 5050 West Tennessee Street, Building B, Tallahassee, Florida , (850) A person whose substantial interests are affected by the Department s action may petition for an administrative proceeding (hearing) under Sections and of the Florida The petition must contain the information set forth below and 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 Mediation under Section , F.S. is not available. Because the administrative hearing process is designed to redetermine final agency action on the application, the filing of a petition for an administrative hearing may result in a modification of the agency action or even a denial of the application. If a sufficient petition for an administrative hearing or request for an extension of time to file a petition is timely filed, this agency action automatically becomes only proposed agency action on the application, subject to the result of the administrative review process. Accordingly, the applicant is advised not to commence construction or other activities in accordance with this variance until the deadlines noted below for filing a petition for an administrative hearing, or request for an extension of time has expired. Under subsections (3) and (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 , before the applicable deadline. 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. If a request is filed late, the Department may still grant it upon a motion by the requesting party showing that the failure to file a request for an extension of time before the deadline was the result of excusable neglect. In the event that a timely and sufficient petition for an administrative hearing is filed, other persons whose substantial interests will be affected by the outcome of the administrative process have the right to petition to intervene in the proceeding. Any intervention will be only at the discretion of the presiding officer upon the filing of a motion in compliance with Rule , F.A.C. In accordance with subsection (2) and paragraph (3)(a), subsection (4), F.A.C., petitions for an administrative hearing by the applicant must be filed within 14 days of receipt of this written notice. Petitions filed by any persons other than the applicant, and other than those entitled to written notice under Section (3), F.S., must be filed within 14 days of publication of the notice or within 14 days of receipt of the written notice, whichever occurs first. Under Section (3), F.S., however, any person who has asked the Department for notice of agency action may file a petition within 14 days of receipt of such notice, regardless of the date of publication. The petitioner shall mail a copy of the petition to the applicant at the address indicated above at the time of filing. The failure of any person to file a petition for an administrative hearing within the appropriate time period shall constitute a waiver of that person s right to request an administrative determination (hearing) under Sections and , F.S. A petition that disputes the material facts on which the Department s action is based 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, 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; and (f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency s proposed action; (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. Section XII - Miscellaneous 1577

9 A petition that does not dispute the material facts on which the Department s action is based shall state that no such facts are in dispute and otherwise shall contain the same information as set forth above, as required by Rule , F.A.C. Under Sections (2)(c) and (d), F.S., a petition for administrative hearing must be dismissed by the agency if the petition does not substantially comply with the above requirements or is untimely filed. This action is final and effective on the date filed with the Clerk of the Department unless a petition is filed in accordance with the above. Upon the timely filing of a petition this order will not be effective until further order of the Department. This variance constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section , Florida Statutes, by the filing of a notice of appeal under Rule 9.110, Florida Rules of Appellate Procedure, with: Clerk of the Department, Office of General Counsel, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida ; 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 of appeal must be filed within 30 days from the date when the final order is filed with the Clerk of the Department. FLORIDA STATE CLEARINGHOUSE The state is coordinating reviews of federal activities and federally funded projects as required by Section (40), F.S. A list of projects, comments deadlines and the address for providing comments are available at us/secretary/oip/state_clearinghouse/. For information, call (850) This public notice fulfills the requirements of 15 CFR 930. DEPARTMENT OF HEALTH On March 13, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General, issued an Order of Emergency Suspension Order with regard to the license of James L. Black, C.N.A. license number CNA This Emergency Suspension Order was predicated upon the State Surgeon General s findings of an immediate and serious danger to the public health, safety and welfare pursuant to Sections (8) and (6), Florida The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. On March 13, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General, issued an Order of Emergency Suspension Order with regard to the license of Christina Lee Garcia, C.N.A. license number CNA This Emergency Suspension Order was predicated upon the State Surgeon General s findings of an immediate and serious danger to the public health, safety and welfare pursuant to Sections (8) and (6), Florida The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. On March 10, 2009, Ana M. Viamonte Ros, M.D., M.P.H., State Surgeon General, issued an Order of Emergency Suspension Order with regard to the license of Gerald Paul Klapper, D.P.M. license number DPM This Emergency Suspension Order was predicated upon the State Surgeon General s findings of an immediate and serious danger to the public health, safety and welfare pursuant to Sections (8) and (6), Florida The State Surgeon General determined that this summary procedure was fair under the circumstances, in that there was no other method available to adequately protect the public. DEPARTMENT OF CHILDREN AND FAMILY SERVICES Pursuant to Rule , Florida Administrative Code, the Administration Commission hereby gives notice of final disposition on the Petition for Exception to Uniform Rules of Procedure filed by the Department of Children and Families on December 22, The Governor and Cabinet, sitting as the Administration Commission, met on March 10, 2009, and granted the Department s Petition for exception from paragraph (5)(b), Florida Administrative Code, for Rule , Florida Administrative Code, based upon the need to improve client access to the hearing process and to enhance the operation efficiency in providing fair hearings. A copy of the Department of Children and Families Petition, the Administration Commission s Final Order, and the transcript of the March 10, 2009, Administration Commission meeting can be obtained by contacting: Barbara Leighty, Administration Commission, Executive Office of the Governor, Room 1801, The Capitol, Tallahassee, Florida , (850) Section XII - Miscellaneous