Section XII Miscellaneous

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1 Section XII Miscellaneous DEPARTMENT OF EDUCATION PUBLIC ANNOUNCEMENT OF A/E SELECTION RESULTS The Florida School for the Deaf and the Blind announces its intention to negotiate, in accordance with the Consultants Competitive Negotiation Act, for the following: PROJECT NAME: Continuing Contract for Architectural Services 1. Akel Logan Shafer Architects / Planners 2. Pond Junck & Walker 3. Schenkel & Shultz, Inc. DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Franchise Motor Vehicle Dealer in a County of More Pursuant to Section , Florida Statutes (2005), STR Motorsports, Inc., intends to allow the establishment of Action Moped, Inc., d/b/a Action Wheel Sport, as a dealership for the sale of KYMCO motorcycles at th Street, St. Petersburg (Pinellas County), Florida 33709, on or after November 29, principal investor(s) of Action Moped, Inc., d/b/a Action Wheel Sport, are dealer operator(s): Bill Lynch, rd Avenue, Northeast, St. Petersburg, Florida 33704, and Dan Lynch, 8901 Oak Street, Northeast, St. Petersburg, Florida 33702; principal investor(s): Bill Lynch, rd Avenue, Northeast, St. Petersburg, Florida 33704, and Dan Lynch, 8901 Oak Street, Northeast, St. Petersburg, Florida Florida, Bureau of Economic and Business Research. standing, pursuant to Section , Florida Statutes, to file a petition or complaint protesting the application. Room A-312, MS65, Neil Kirkman Building, 2900 Apalachee U.S. Mail to: Bruce Ramsey, VP of Sales/Marketing, STR Motorsports, Inc., 1770 Campton Road, Inman, South Carolina Notice of Publication for the Establishment of a Franchised Motor Vehicle Dealer in a County of More Pursuant to Section , Florida Statutes, notice is given that DaimlerChrysler Motors Company, LLC, intends to allow the establishment of a Dodge dealership by Pompano Motor Company d/b/a Eddie Accardi Jeep Chrysler Dodge, at 909 South Federal Highway, Pompano Beach, Florida The establishment of this dealership for the sale of Dodge cars and light trucks is the result of a buy/sell between Eddie Accardi Dodge Inc. d/b/a Eddie Accardi Dodge, presently located at 2300 North Federal Highway, Pompano Beach, Florida 33062, and the proposed dealer, pursuant to Section , Florida Concurrent with the new appointment, the prior dealer will cease to be a franchised dealer for Dodge vehicles at the previous location. DaimlerChrysler intends to engage in business with Pompano Motor Company d/b/a Eddie Accardi Jeep Chrysler Dodge as a dealership for the sale of Dodge cars and light trucks, on or after February 1, 2007, assuming no protest is filed. The name and address of the dealer-operator of Pompano Motor Company d/b/a Eddie Accardi Jeep Chrysler Dodge is Edmund Accardi, 909 South Federal Highway, Pompano Beach, Florida The name and address of the principal investor is: Edmund Accardi, 909 South Federal Highway, Pompano Beach, Florida Florida, Bureau of Economic and Business Research. Certain dealerships of the same line-make may have standing, pursuant to Section , Florida Statutes, to file a petition or complaint protesting the application. Section XII - Miscellaneous 5985

2 submitted to: Nalini Vinayak, Dealer License Section, Department of Highway Safety and Motor Vehicles, Room A-312, MS65, Neil Kirkman Building, 2900 Apalachee U.S. Mail to: D. L. Englen, Jr., Dealer Network Development Manager, DaimlerChrysler Motors Company, Inc., Southeast Business Center, Boggy Creek Road, CIMS , Orlando, Florida the relocation of the dealership, subject to the applicant s Franchise Motor Vehicle Dealer in a County of More Pursuant to Section , Florida Statutes (2005), Pacific Cycle, Inc., intends to allow the establishment of Grandpa s Cycle Center, Inc., as a dealership for the sale of SHWI motorcycles at 3230 Palm Beach Boulevard, Fort Myers (Lee County), Florida 33901, on or after November 20, principal investor(s) of Grandpa s Cycle Center, Inc., are dealer operator(s): Marion Stewart, 3955 Edgewood, Fort Myers, Florida 33901; principal investor(s): Marion Stewart, 3955 Edgewood, Fort Myers, Florida Florida, Bureau of Economic and Business Research. standing, pursuant to Section , Florida Statutes, to file a petition or complaint protesting the application. Room A-312, MS65, Neil Kirkman Building, 2900 Apalachee U.S. Mail to: Mike Wolfgram, Pacific Cycle, Inc., 4902 Hammersley Road, Madison, Wisconsin Franchise Motor Vehicle Dealer in a County of More Pursuant to Section , Florida Statutes (2005), Pacific Cycle, Inc., intends to allow the establishment of New Smyrna Beach Scooters as a dealership for the sale of SHWI motorcycles at 323 B Flagler Avenue, New Smyrna Beach (Volusia County), Florida 32169, on or after November 28, principal investor(s) of New Smyrna Beach Scooters are dealer operator(s): Lawrence Johnson, 323 B Flagler Avenue, New Smyrna Beach, Florida 32169; principal investor(s): Lawrence Johnson, 323 B Flagler Avenue, New Smyrna Beach, Florida Florida, Bureau of Economic and Business Research. standing, pursuant to Section , Florida Statutes, to file a petition or complaint protesting the application. Room A-312, MS65, Neil Kirkman Building, 2900 Apalachee 5986 Section XII - Miscellaneous

3 U.S. Mail to: Mike Wolfgram, Pacific Cycle, Inc., 4902 Hammersley Road, Madison, Wisconsin Franchise Motor Vehicle Dealer in a County of Less Pursuant to Section , Florida Statutes (2005), notice is given that Pacific Cycle, Inc., intends to allow the establishment of Treasure Coast Motorcycle Center, Inc., as a dealership for the sale of SHWI motorcycles at th Lane, Vero Beach (Indian River County), Florida 32960, on or after November 20, principal investor(s) of Treasure Coast Motorcycle Center, Inc., are dealer operator(s): Richard Kita, th Avenue, Southwest, Vero Beach, Florida 32968; principal investor(s): Richard Kita, th Avenue, Southwest, 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. standing, pursuant to Section , Florida Statutes, as amended by Chapter , Laws of Florida, to file a petition or complaint protesting the application. Room A-312, MS 65, Neil Kirkman Building, 2900 Apalachee U.S. Mail to: Mike Wolfgram, Pacific Cycle, Inc., 4902 Hammersley Road, Madison, Wisconsin 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. 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 gives notice of its intent to grant a variance (File No EV) to the U.S. Army Corps of Engineers (Corps), Mobile District, from paragraph (5)(c), Florida Administrative Code (F.A.C.), to allow a temporary mixing zone greater than 150 meters for turbidity within an area of Class II Waters of Apalachicola Bay, Outstanding Florida Waters (OFW), within the Apalachicola Bay Aquatic Preserve. The variance is associated with the Sikes Cut and St. George Island Channel Maintenance Dredging project (File No JC). The activity is located in Franklin County, Apalachicola Bay, Class II Waters, Apalachicola Bay Aquatic Preserve, Outstanding Florida Waters (OFW), including Approved, Conditionally Approved, Conditionally Restricted, and Unclassified shellfish harvesting areas. A person whose substantial interests are affected by the Department s proposed action may petition for an administrative hearing in accordance with Sections and , 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, 3900 Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 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 variance or even a denial of the application. Under subsection (4), F.A.C., a person whose substantial interests are affected by the Department s action Section XII - Miscellaneous 5987

4 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, 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. 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 judge upon the filing of a motion in compliance with Rule , F.A.C. In accordance with subsection (2) and subparagraph (3)(a)1., 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 Section and , F.S. In accordance with Rule , F.A.C., 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 , 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 intent to grant variance constitutes an order of the Department. The applicant has the right to seek judicial review of the order under Section , F.S., by the filing of a notice of appeal under Rule of the Florida Rules of Appellate Procedure with: the Clerk of the Department in the 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. The application 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 Section XII - Miscellaneous

5 NOTICE OF AVAILABILITY FLORIDA CATEGORICAL EXCLUSION NOTIFICATION LIVE OAK, FLORIDA The Department of Environmental Protection has determined that the City of Live Oak s stormwater facilities will not adversely affect the environment. The proposed project consists of constructing drainage systems as recommended in the City s Stormwater Facilities Plan. The total estimated construction cost is $1,000,348. The project is expected to qualify for a State Revolving Fund Loan composed of federal and state matching funds. A full copy of the Florida Categorical Exclusion Notification can be obtained by writing to: Thomas Montgomery, Bureau of Water Facilities Funding, Department of Environmental Protection, 2600 Blair Stone Road, MS #3505, Tallahassee, Florida or by calling him at (850) NOTICE OF AVAILABILITY FLORIDA CATEGORICAL EXCLUSION NOTIFICATION WAUCHULA, FLORIDA WASTEWATER TREATMENT EXPANSION The Department of Environmental Protection has determined that the proposed City of Wauchula wastewater facilities expansion will not have a significant adverse affect on the environment. The proposed project consists of expanding the wastewater treatment plant capacity from 1.0 MGD to 3.0 MGD and upgrading treatment levels to meet high-level disinfection and public access reclaimed water standards. The total estimated construction cost for the wastewater improvements is $15,633,000. The project is expected to qualify for a State Revolving Fund loan composed of federal and state matching funds. A full copy of the Florida Categorical Exclusion Notification can be obtained by writing to: Pankaj Shah, Bureau of Water Facilities Funding, Department of Environmental Protection, 2600 Blair Stone Road, MS #3505, Tallahassee, Florida DEPARTMENT OF JUVENILE JUSTICE The Florida Department of Juvenile Justice has posted two revised policies and one new policy for review and comment on MyFlorida.com at: procedures/policyreview.html. Settlement Agreement (FDJJ revised, department-wide policy type B) establishes that it is the policy of the Department of Juvenile Justice that settlement agreements of all accounts, claims and demands against the Department are established, managed and controlled in accordance with State law. Youth Personal Property Care and Disposition Policy (FDJJ revised, department-wide policy type A) recognizes the need by the Department of Juvenile Justice to safeguard the personal property of youth brought into its care and establishes procedures contained in this policy for staff to follow when required to receive, manage, transport, control, or dispose of youth s personal property. Additionally, this policy establishes the manner by which staff shall provide control and accountability of youth s personal property. Mobile Devices (FDJJ 1230 new, department-wide policy type B) addresses the fact that the use of mobile computing and storage devices poses increased risks to the devices themselves, the information they contain and to all Department of Juvenile Justice Information Technology Resources. The confidentiality, integrity, and availability of those resources must be protected. Appropriate security controls must be in place to mitigate security risks presented by the use of mobile devices. Each of these policies is posted for a single 20 working day review and comment period, with the closure date Section XII - Miscellaneous 5989

6 for submission of comments on each policy of January 16, Responses to comments received will be posted during the review period to the extent possible, but no later than 10 working days after the end of the review period on the above Website. DEPARTMENT OF FINANCIAL SERVICES INTEREST RATE SET PURSUANT TO SECTION 55.03, FLORIDA STATUTES Subsection 69I (3), F.A.C., requires the Department of Financial Services, at least once between December 1 and January 1, to provide notice of the interest rate set by the Chief Financial Officer pursuant to Section 55.03, F.S. The interest for the year 2007 has been set at 11% per annum or per day. For additional information contact the Vendor Ombudsman Section in the Bureau of Auditing at (850) , Suncom or on the internet at interest.htm FINANCIAL SERVICES COMMISSION NOTICE OF FILINGS Notice is hereby given that the Office of Financial Regulation, Division of Financial Institutions, has received a request by a credit union to expand its field of membership. Specific information regarding the expansion can be found at Comments may be submitted to the Director, 200 East Gaines Street, Tallahassee, Florida , for inclusion in the official record without requesting a hearing. However, pursuant to provisions specified in Chapter 69U-105, Florida Administrative Code, any person may request a public hearing by filing a petition with the Clerk, Legal Services Office, Office of Financial Regulation, 200 East Gaines Street, Tallahassee, Florida The Petition must be received by the Clerk within twenty-one (21) days of publication of this notice (by 5:00 p.m., January 5, 2007): Name and Address of Applicant: Gulf States Credit Union, Post Office Box , Maitland, Florida Expansion Includes: Select employee group Received: December 5, Section XII - Miscellaneous

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