Miscellaneous

DEPARTMENT OF COMMUNITY AFFAIRS
Florida Communities Trust

NOTICE OF PROJECT APPROVAL AND FUNDING

The Florida Communities Trust (Trust) has approved funding applications submitted under the Florida Communities Trust Florida Forever Program, Series FF5 funding cycle. On September 15, 2005, applications were scored, ranked and selected for funding according to the criteria and procedures set forth in Rule Chapter 9K-7, F.A.C. At the time of the Board meeting, the following projects were not selected for funding; however, since that time, funding has become available and the projects are now selected for funding.

In accordance with Rule 9K-7.009, F.A.C., the projects are considered to have received approval for funding. The funds awarded are from the sale of Florida Forever bonds. Those applications approved for funding and the amount of funding approved are listed below. The approval is subject to appeal and may change following the appeals process. For this reason, final approval of awards cannot be made until any appeals have been resolved.

The following projects were approved for funding with funds currently available:

Selected/Funded

Project No. Project Name                                    Applicant                                                              Amount

05-020-FF5 Bayshore Park Phase II                   Charlotte County                                                 $ 374,925.00

05-048-FF5 Davie Farm Park                               Town of Davie                                                      $ 5,870,025.00

05-005-FF5 High Springs Reservoir Park          Alachua County – City of High Springs          $ 228,750.00

NOTICE OF ADMINISTRATIVE HEARING RIGHTS

Any person with substantial interests that are or may be determined by the approval of funds for projects by the Trust has a right to an informal administrative proceeding pursuant to Section 120.57(2), F.S., if the person does not dispute issues of material fact raised by this decision. If an informal proceeding is held, the petitioner will have the opportunity to be represented by counsel, to present to the agency written or oral evidence in opposition to the Trust action, or to present a written statement challenging the legal grounds upon which the Trust is justifying its actions.

Alternatively, any person with substantial interests that are or may be determined by the approval of funds for projects by the Trust has a right to a formal administrative hearing pursuant to Section 120.57(1), F.S., if the person disputes any issues of material fact stated in this decision. At a formal hearing the petitioner may be represented by counsel, and will have the opportunity to present evidence and argument on all the issues involved, to conduct cross-examination and submit rebuttal evidence, to submit proposed findings of fact and orders, and to file exceptions to any order or hearing officer’s recommended order.

If a person with a substantial interest desires either an informal proceeding or a formal hearing, the person must file with the Trust Clerk a written response or pleading entitled “Petition for Administrative Proceedings” within 21 calendar days of the publication date of this notice of final agency action. The petition must be in the form required by Rule 18-106.201, F.A.C. A petition is filed when it is received by the Trust Clerk at 2555 Shumard Oak Boulevard, Tallahassee, FL 32399-2100. A petition must specifically request an informal proceeding or a formal hearing, it must admit or deny each material fact contained in this decision, and it must state any defenses upon which the petitioner relies. If the petitioner lacks knowledge of a particular allegation of fact, it must so state and that statement will operate as a denial.

Any person with substantial interests that are or may be determined by the approval of funds for projects by the Trust waives the right to an informal proceeding or a formal hearing if a Petition for Administrative Proceeding is not filed with the Trust Clerk within 21 days of the date of publication of the notice of final agency action.