SOUTH FLORIDA WATER MANAGEMENT DISTRICT 3301 Gun Club Road West Palm Beach, Florida 33406 FOSTER WHEELER ENVIRONMENTAL CORPORATION, Petitioner, ; PHY SOUTH FLORIDA WATER MANAGEMENT DISTRICT, DOAH CASE NO. 01-4459 BID R SFWMD 2001-678 FOF espondent, and tu SVERDRUP/MWH JOINT VENTURE, alkla JACOBS/MWH JOINT VENTURE Intervenor. _| FINAL ORDER The SOUTH FLORIDA WATER MANAGEMENT DISTRICT (‘District’), by and through the undersigned, after receipt of Order Closing File canceling the Final Hearing on this matter issued by the Division of Administrative Hearings, and being otherwise fully informed, issues this Final Order containing Findings of Fact and Conclusions of Law: FINDINGS OF FACT 1. On October 11, 2001, the District posied its notice of decision or intended decision concerning the District's” Request for Proposals No. C-C2070P, Comprehensive Everglades Restoration Plan, Program Management Support Services. Ce eemere nr Ee EE BTR ocr aS 2. The Petitioner, FOSTER WHEELER ENVIRONMENTAL CORPORATION (‘Petitioner’) filed a Notice of Protest (“Notice”) and subsequently a Formal Written Protest in the form of a Petition (“Petition”) on October 16, 2001 and October 26, 2001, respectively, contesting the District’s decision. 3. District staff issued a Statement of Compliance stating that the Petition met the requirements of a “Formal Written Protest’ as defined in Section 120.57(3), Fla. Stat. and Rules 28-106.201(2), 28-110.004, Fla. Admin. Code; and recommended that the District's Governing Board grant the request for a Formal Administrative Hearing pursuant to Sections 120.57(1) and 120.569, Fla. Stat. 4. On November 15, 2001, the Governing Board authorized District staff to transmit the Petition to the Division of Administrative Hearings for final hearing. 5. On November 15, 2001, District staff forwarded the Petition to the Division of Administrative Hearings for the assignment of an Administrative Law Judge to conduct all the necessary proceedings required by law pursuant to Sections 120.57(1), 120.57(3)(d) 3. and (e), and 120.569, Fla. Stat., and to thereafter submit a recommended order to the District. 6. On November 27, 2001, the Petitioner filed a Notice of Voluntary Dismissal, with prejudice, of its Petition. (Exhibit A) 7. On November 29, 2001, based upon the Petitioner's Notice of Voluntary Dismissal, the Administrative Law Judge entered an Order Closing File canceling the Final Hearing on the matter (Exhibit B) and thereby relinquishing jurisdiction of this matter to the District for final disposition. Page 2 of 9 qeeprt ent * ULTIMATE FACTS AND CONCLUSIONS OF LAW 8. Pursuant to Sections 373.083(1) and 287.055, Fla. Stat., and the implementing regulations found in Chapter 40E-7, Fla. Admin. Code, the District is authorized to contract with public agencies, private corporations, or other persons. 9. Section 120.57(3)(b), Fla. Stat., requires persons adversely affected by an agency decision or intended decision concerning a bid solicitation or a contract award to file a protest with that agency. 10. In any proceeding conducted pursuant to Section 120.57(1), Fla. Stat., the Administrative Law Judge may enter an order relinquishing jurisdiction to the agency when there no longer exists a dispute of material fact. a 11. On April 12, 2001, authority was delegated to the Executive Director, General Counsel, or Deputy General Counsel to enter final orders approving the ‘withdrawal of a petition for administrative hearing. "Based on the forgoing Findings of Fact and Ultimate Facts and Conclusions of Law, it is ORDERED that: A. ~~durisdiction over the subject contract matter is accepted. B. The Administrative Law Judge’s Order Closing File is adopted. C. Dismissal of the Petition is accepted; thereby allowing the District to em ser aeed continue its procurement process for Request for Proposals No. C- C2070P, Comprehensive Everglades Restoration Plan, Program Management Support Services. Page 3 of 9 Te-e eee a lass ike ail il lll ide A le gg ee eS NOTICE OF RIGHTS Section 120.569(1), Fla. Stat. (2001), requires that “each notice shall inform the recipient of any administrative hearing or judicial review that is available under this section, s. 120.57, or s. 120.68; shall indicate the procedure which must be followed to obtain the hearing or judicial review, and shall state the time limits which apply.” Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. PETITION FOR ADMINISTRATIVE PROCEEDINGS 1. A person whose substantial interests are affected by the South Florida Water Management District’s (SFWMD) action has the right to request an administrative hearing on that action. The affected person may request either a formal or an informal hearing, as set forth below. A point of entry into administrative proceedings is governed by Rules 28-1 06.111 and 40E-1.511, Fla. Admin. Code, (also published as an exception to the Uniform Rules of Procedure as Rule A4OE-0.109), as set forth below. Petitions are deemed filed upon receipt of the original documents by the SFWMD Clerk. a. Formal Administrative Hearing: If a genuine issue(s) of material fact is in dispute, the affected person seeking a formal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(1), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-1 06.201(2), Fla. Admin. Code. b. Informal Administrative Hearing: If there are no issues of material fact in dispute, the affected person seeking an informal hearing on a SFWMD decision which does or may determine their substantial interests shall file a petition for hearing pursuant to Sections 120.569 and 120.57(2), Fla. Stat. or for mediation pursuant to Section 120.573, Fla. Stat. within 21 days, except as provided in subsections c. and d. below, of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-106. 301(2), Fla. Admin. Code. 7 _~ Administrative Complaint and Order: . Ifa Respondent objects to a SFWMD Administrative Complaint and Order, pursuant to Section 373.119, Fla. Stat. (2001), the person named in the Administrative Complaint and Order may file a petition for a hearing no later than 14 days after the date such order is Page 4 of 9 corneeegen CRETE ... shall take whatever action necessary to cause | served. Petitions must substantially comply with the requirements of either subsection a. or b. above. d. State Lands Environmental Resource Permit: Pursuant to Section 373.427, Fla. Stat, and Rule 40E-1.511(3), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E- 0.109(2)(c)), a petition objecting to the SFWMD’s agency action regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands (SLERPs), must be filed within 14 days of the notice of consolidated intent to grant or deny the SLERP. Petitions must substantially comply with the requirements of either subsection a. or b. above. e. Emergency Authorization and Order: A person whose substantial interests are affected by a SFWMD Emergency Authorization and Order, has a right to file a petition under Sections 120.569, 120.57(1), and 120.57(2), Fla. Stat., as provided in subsections a. and b. above. However, the person, or the agent of the person responsible for causing or contributing to the emergency conditions immediate compliance with the terms of the Emergency Authorization and Order. f. Order for Emergency Action: : _A person whose substantial interests are affected by a SFWMD Order for Emergency Action has a right to file a petition pursuant to Rules 28-1 07.005 and 40E-1.611, Fla. Admin. Code, copies of which are attached to this Notice of Rights, and Section 373.119(3), Fla. Stat, for a hearing on the Order. Any subsequent agency action or proposed agency action ‘to initiate a formal revocation proceeding shall be separately noticed pursuant to section g. below. g. Permit Suspension, Revocation, Annulment, and Withdrawal: If the SFWMD issues an administrative complaint to suspend, revoke, annul, or withdraw a permit, the permittee may request a hearing to be conducted in accordance with Sections 120.569 and 120.57, Fla. Stat., within 21 days of either written notice through mail or posting or publication of notice that the SFWMD has or intends to take final agency action. Petitions must substantially comply with the requirements of Rule 28-107.004(3), Fla. Admin. 2. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means that the SFWMD’s final action may be different from the position taken by it previously. Persons whose substantial interests may be affected by any such final decision of the SFWMD shall have, pursuant to Rule 40E-1.511(2), Fla. Admin. Code (also published as an exception to the Uniform Rules of Procedure as Rule 40E-0.1 09(2)(c)), an additional 21 days from the date of receipt of notice of said decision to request an administrative hearing. However, the scope of the administrative hearing shall be limited to the substantial deviation. —. 2.3. Pursuant to Rule 40E-1.511(4), Fla. Admin. Code, substantially affected - persons entitled to a hearing pursuant to Section 120.57(1), Fla. Stat., may waive their Page 5 of 9 eee notice with the right to such a hearing and request an informal hearing before the Governing Board pursuant to Section 120.57(2), Fla. Stat., which may be granted at the option of the Governing Board. 4. Pursuant to Rule 28-106.111(3), Fla. Admin. Code, persons may file with the SFWMD a request for extension of time for filing a petition. The SFWMD, for good cause shown, may grant the extension. The request for extension must contain a certificate that the petitioner has consulted with all other parties, if any, concerning the extension and that the SFWMD and all other parties agree to the extension. CIRCUIT COURT 5. Pursuant to Section 373.617, Fla. Stat, any substantially affected person who claims that final agency action of the SFWMD relating to permit decisions constitutes an unconstitutional taking of property without just compensation may seek judicial review of the action in circuit court by filing a civil action in the circuit court in the judicial circuit in which the affected property is located within 90 days of the rendering of the SFWMD’s final agency action. 6. Pursuant to Section 403.412, Fla. Stat., any citizen of Florida may bring an action for injunctive relief against the SFWMD to compel the SFWMD to enforce the laws of Chapter 373, Fla. Stat., and Title 40E, Fla. Admin. Code. The complaining party must file with the SFWMD Clerk a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. If the SFWMD does not take appropriate action on the complaint within 30 days of receipt, the complaining party may then file a civil suit for injunctive relief in the 15" Judicial Circuit in and for Palm Beach County or circuit court in the county where the cause of action allegedly occurred. ; 7, Pursuant to Section 373.433, Fla. Stat., a private citizen of Florida may file suit in circuit court to require the abatement of any stormwater management system, dam, impoundment, reservoir, appurtenant work or works that violate the provisions of Chapter 373, Fla. Stat. DISTRICT COURT OF APPEAL 8. Pursuant to Section 120.68, Fla. Stat, 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 pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in the appellate district where a party resides and filing a second copy of the WMD Clerk within 30 days of rendering of the final SFWMD action. LAND AND WATER ADJUDICATORY COMMISSION ; A party to a “proceeding below” may seek review by the Land and Water Adjudicatory Commission (LAWAC) of SFWMD's final agency action to determine if such Page 6 of 9 em rE eee BET spies ste: action is consistent with the provisions and purposes of Chapter 373, Fla. Stat. Pursuant to Section 373.114, Fla. Stat., and Rules 42-2.013 and 42-2.0132, Fla. Admin. Code, a request for review of (a) an order or rule of the SFWMD must be filed with LAWAC within 20 days after rendition of the order or adoption of the rule sought to be reviewed; (b) an order of the Department of Environmental Protection (DEP) requiring amendment or repeal of a SFWMD rule must be filed with LAWAC within 30 days of rendition of the DEP’s order, and (c) a SFWMD order entered pursuant to a formal administrative hearing under Section 120.57(1), Fla. Stat., must be filed no later than 20 days after rendition of the SFWMD’s final order. Simultaneous with filing, a copy of the request for review must served on the DEP Secretary, any person named in the SFWMD or DEP final order, “and all parties to the proceeding below. PRIVATE PROPERTY RIGHTS PROTECTION ACT 10. A property owner who alleges a specific action of the SFWMD has inordinately burdened an existing use of the real property, or a vested right to a specific use of the real property, may file a claim in the circuit court where the real property is located within 1 year of the SFWMD action pursuant to the procedures set forth in Subsection 70.001(4)(a), Fla. Stat. __ LAND USE AND ENVIRONMENTAL DISPUTE RESOLUTION 11. A property owner who alleges that a SFWMD development order (as “-"""48 + Yerm is defined in Section 70.51(2)(a), Fla. Stat. to include permits) or SFWMD enforcement action is unreasonable, or unfairly burdens the use of the real property, ~ may file a request for relief with the SFWMD within 30 days of receipt of the SFWMD's order or notice of agency action pursuant to the procedures set forth in Subsections 70.51(4) and (6), Fla. Stat. MEDIATION 12, A person whose substantial interests are, or may be, affected by the worror: sewmme rang pocess per “<< @FWMD’s action may choose mediation as an alternative remedy under Section 120.573, Fla. Stat. Pursuant to Rule 28-106.111 (2), Fla. Admin. Code, the petition for us. mediation shall be filed within 21 days of either written notice through mail or posting or __...... publication of notice that the SFWMD has or intends to take final agency action. ___ Choosing mediation will not adversely affect the right to an administrative hearing if ~'médiation does not result in settlement. Pursuant to Rule 28-106.402, Fla. Admin. Code, the contents of the petition for mediation shall contain the following information: (1) the name, address, and telephone number of the person requesting mediation and that person’s representative, if any; (2) astatement of the preliminary agency action; ee Page 7 of 9 (3) an-explanation of how the person’s substantial interests will be affected by the agency determination; and (4) —astatement of relief sought. As provided in Section 120.573, Fla. Stat. (2001), the timely agreement of all the parties to mediate will toll the time limitations imposed by Sections 120.569 and 120.57, Fla. Stat., for requesting and holding an administrative hearing. Unless otherwise agreed by the parties, the mediation must be concluded within 60 days of the execution of the agreement. If mediation results in settlement of the dispute, the SFWMD must enter a final order incorporating the agreement of the parties. Persons whose substantial interest will be affected by such a modified agency decision have a right to petition for hearing within 21 days of receipt of the final order in accordance with the requirements of Sections 120.569 and 120.57, Fla. Stat., and SFWMD Rule 28-106.201(2), Fla. Admin. Code. If mediation terminates without settlement of the dispute, the SFWMD shall notify all parties in writing that the administrative hearing process under Sections 120.569 and 120.57, Fla. Stat, remain available for disposition of the dispute, and the notice will specify the deadlines that then will apply for challenging the agency action. WAIVER OF RIGHTS 14. Failure to observe the relevant time frames prescribed above will constitute a waiver of such right. DONE AND SO ORDERED this 5th day of December, 2001. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, BY ITS GENERAL COUNSEL ofiXisnns ki ‘ = ADRIDA Hess, JOHN J. FUMERO Dal Legal Form Approved i “Ae Shag gh 77etee By: City (a Date Ls, fo/ on ATS CHET “Step WitH THE CLERK OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT JF .Bo/ 23 Pra pe =} a District Clerk Page 8 of 9 erp tee Ae ed ope CERTIFICATE OF SERVICE | HEREBY CERTIFY that one original and one true and correct copy has been furnished by U.S. Mail to the Honorable Patricia Malono, Department of Administration, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-1550 and that a true and correct copy of the foregoing has been furnished by U.S. Mail to Hank Jackson, Esquire, S. Curtis Kiser, Esquire, and Karen D. Walker, Esquire, Holland & Knight LLP, Attorneys for the Petitioner, 625 North Flagler Drive, Suite 700, West Palm Beach, Florida 33401; and by U.S. Mail to Williams E. Williams, Esquire, J. Andrew Bertron, Esquire, and Robert D. Fingar, Esquire, Huey Guilday Tucker Schwartz & Williams PA, Attorneys for Intervenor, 1983 Centre Point Boulevard, Suite 200, Tallahassee, Florida 32308, on this _&. day of December, 2001. SOUTH FLORIDA WATER MANAGEMENT DISTRICT Cathy. Tabor Catherine Union Esquire Page 9 of 9 wee geo or CT ger me gee emerge gene DECREE PRE TNE RE Cero mrp oa RE a RPE Riper Rge nes ore reppere oon BEFORE THE STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS FOSTER WHEELER ENVIRONMENTAL CORPORATION, Petitioner, DOAH Case No. 01-4459BID Vv. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Respondent, and SVERDRUP/MWH JOINT VENTURE, a/k/a JACOBS/MWH JOINT VENTURE, Intervenor. / es NOTICE OF VOLUNTARY DISMISSAL Petitioner, FOSTER WHEELER ENVIRONMENTAL CORPORATION, by and through undersigned counsel, hereby gives notice of its voluntary dismissal, with prejudice, of its Formal Written Protest/Petition for Formal Administrative Hearing filed with the South Florida Water Management District on October 26, 2001. Exhibit "A" Respectfully submitted this 27 th day of November, 2001. Florida Bar No. 0982921 S' Curtis Kiser Florida Bar No. 0123700 HOLLAND & KNIGHT LLP P.O. Drawer 810 Tallahassee, Florida 32302 (850) 224-7000 Hank E. Jackson HOLLAND & KNIGHT LLP 625 North Flagler Drive Suite 700 West Palm Beach, FL 33401 (561) 833-2000 Attorneys for Foster Wheeler Environmental Corporation CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and two copies of this Notice of Voluntary Dismissal have been hand delivered to Ann Cole, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399-3060; and that a true and correct copy of this Notice of Voluntary Dismissal has been furnished by facsimile and express mail to Catherine Linton, Robert G. Panse and Ruth Holmes, South Florida Water Management District, 3301 Gun Club Road, West Palm Beach, Florida 33406, and by facsimile and hand delivery to William E. Williams, and J. Andrew Bertron, Jr. Huey Guilday, et als., 1983 Centre Pointe Blvd, Suite 200, P.O. Box 12500, Tallahassee, Florida 32317-2500 this 27" day of November, 2001. LC) Karen D. Walker TALI #243784 v1 cree amy peepee RECEIVED STATE OF FLORIDA nee - 35" DIVISION OF ADMINISTRATIVE HEARINGS 7 co FOSTER WHEELER ENVIRONMENTAL CORPORATION, Petitioner, Case No. 01-4459BID vs. SOUTH FLORIDA WATER MANAGEMENT DISTRICT, Respondent, and SVERDRUP/MWH JOINT VENTURE, a/k/a JACOBS/MWH JOINT VENTURE, Intervenor. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ee ORDER CLOSING FILE This cause having come before the undersigned on the Petitioner's Notice of Voluntary Dismissal, filed November 27, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for December 11 through 13, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Exhibit "B" ors CE Ce ep eng DONE AND ORDERED this 29th day of November, 2001, in Tallahassee, Leon County, Florida. Pa. 4 latlono PATRICIA H. MALONO Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 ; www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 29th day of November, 2001. COPIES FURNISHED: Hank Jackson, Esquire 625 North Flagler Drive, Suite 700 West Palm Beach, Florida 33401 Catherine M. Linton, Esquire South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 William E. Williams, Esquire Huey, Guilday & Tucker, P.A. 1983 Centre Point Boulevard, Suite 200 Post Office Box 12500 Tallahassee, Florida 32317-2500

Docket for Case No: 01-004459BID