Notice of Agency Action
Notice is hereby provided that South Florida Water Management District (SFWMD or
District), on December 9, 2025 issued Consumptive Water User permit (permit) with
conditions Permit Number 43-00252-W, Application Number 251105-58831 to United
States Sugar Corporation, 111 Ponce De Leon Avenue, Clewiston, Florida 33440
authorizing the renewal and continuation of an existing use of surface water from
SFWMD C-44 Canal for the project name USSC- Camayen River Lands, for agricultural
water use class using a seepage/furrow irrigation system with an annual allocation of
616.18 million gallons and a total maximum month allocation of 82.29 million gallons via
1 existing withdrawal facility for a duration of 20 years for 377 acres. The USSC –
Camayen River Lands project is an existing acre agricultural site located approximately
0.8 miles east of the intersection of SW Kanner Highway and SW Conners Highway, in
southwester Martin County in all or parts of Sections 13, 14, Township 40 South, Range
37 East, Martin County.
A copy of the permit can be obtained by contacting the Regulatory Records Management
Section, during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday,
except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406, Regulation
Division, by telephone at 561-682-6911, by e-mail at regpermitting@sfwmd.gov, or by
accessing the permit directly from the District's website (www.sfwmd.gov) using the
Search Records link on the RegPermitting page.
The District's agency action is final unless a timely petition for an administrative hearing
is filed under Sections 120.569 and 120.57 of the Florida Statutes before the deadline
for filing a petition.
As required by Sections 120.569 and 120.60(3), Fla. Stat., the following is notice of
the opportunities which may be available for administrative hearing or judicial review
when the substantial interests of a party are determined by an agency. Please note that
this Notice of Rights is not intended to provide legal advice. Not all of the legal
proceedings detailed below may be an applicable or appropriate remedy. You may
wish to consult an attorney regarding your legal rights.
RIGHT TO REQUEST ADMINISTRATIVE HEARING
A person whose substantial interests are or may be affected by the South Florida Water
Management District's (SFWMD or District) action has the right to request an
administrative hearing on that action pursuant to Sections 120.569 and 120.57, Fla.
Stat. Persons seeking a hearing on a SFWMD decision which affects or may affect
their substantial interests shall file a petition for hearing with the Office of the District
Clerk of the SFWMD, in accordance with the filing instructions set forth herein, within 21
days of receipt of written notice of the decision, unless one of the following shorter time
periods apply: (1) within 14 days of the notice of consolidated intent to grant or deny
concurrently reviewed applications for environmental resource permits and use of
sovereign submerged lands pursuant to Section 373.427, Fla. Stat.; or (2) within 14
days of service of an Administrative Order pursuant to Section 373.119(1), Fla. Stat.
"Receipt of written notice of agency decision" means receipt of written notice through
mail, electronic mail, or posting that the SFWMD has or intends to take final agency
action, or publication of notice that the SFWMD has or intends to take final agency action.
Any person who receives written notice of a SFWMD decision and fails to file a written
request for hearing within the timeframe described above waives the right to request a
hearing on that decision.
If the District takes final agency action which materially differs from the noticed intended
agency decision, persons who may be substantially affected shall, unless otherwise
provided by law, have an additional Rule 28-106.111, Fla. Admin. Code, point of entry.
Any person to whom an emergency order is directed pursuant to Section 373.119(2),
Fla. Stat., shall comply therewith immediately, but on petition to the board shall be
afforded a hearing as soon as possible.
A person may file a request for an extension of time for filing a petition. The SFWMD
may, for good cause, grant the request. Requests for extension of time must be filed
with the SFWMD prior to the deadline for filing a petition for hearing. Such requests for
extension shall contain a certificate that the moving party has consulted with all other
parties concerning the extension and that the SFWMD and any other parties agree to
or oppose the extension. A timely request for an extension of time shall toll the running
of the time period for filing a petition until the request is acted upon.
FILING INSTRUCTIONS
A petition for administrative hearing must be filed with the Office of the District Clerk
of the SFWMD. Filings with the Office of the District Clerk may be made by mail, handdelivery,
or e-mail. Filings by facsimile will not be accepted. A petition for
administrative hearing or other document is deemed filed upon receipt during normal
business hours by the Office of the District Clerk at SFWMD headquarters in West
Palm Beach, Florida. The District's normal business hours are 8:00 a.m. – 5:00 p.m.,
excluding weekends and District holidays. Any document received by the Office of the
District Clerk after 5:00 p.m. shall be deemed filed as of 8:00 a.m. on the next regular
business day. Additional filing instructions are as follows:
Filings by mail must be addressed to the Office of the District Clerk, 3301 Gun
Club Road, West Palm Beach, Florida 33406.
Filings by hand-delivery must be delivered to the Office of the District Clerk. Delivery
of a petition to the SFWMD's security desk does not constitute filing. It will be
necessary to request that the SFWMD's security officer contact the Office of the
District Clerk. An employee of SFWMD's Clerk's office will receive and file the
petition.
Filings by e-mail must be transmitted to the Office of the District Clerk at
clerk@sfwmd.gov. The filing date for a document transmitted by electronic mail
shall be the date the Office of the District Clerk receives the complete document.
A party who files a document by e-mail shall (1) represent that the original physically
signed document will be retained by that party for the duration of the proceeding
and of any subsequent appeal or subsequent proceeding in that cause and that
the party shall produce it upon the request of other parties; and (2) be responsible
for any delay, disruption, or interruption of the electronic signals and accepts the full
risk that the document may not be properly filed.
INITIATION OF AN ADMINISTRATIVE HEARING
Pursuant to Sections 120.54(5)(b)4. and 120.569(2)(c), Fla. Stat., and Rules 28-106.201
and 28-106.301, Fla. Admin. Code, initiation of an administrative hearing shall be made
by written petition to the SFWMD in legible form and on 8 1/2 by 11-inch white paper. All
petitions shall contain:
1. Identification of the action being contested, including the permit number,
application number, SFWMD file number or any other SFWMD identification
number, if known.
2. The name, address, any email address, any facsimile number, and telephone
number of the petitioner and petitioner's representative, if any.
3. An explanation of how the petitioner's substantial interests will be affected
by the agency determination.
4. A statement of when and how the petitioner received notice of the SFWMD's
decision.
5. A statement of all disputed issues of material fact. If there are none, the petition
must so indicate.
6. A concise statement of the ultimate facts alleged, including the specific facts the
petitioner contends warrant reversal or modification of the SFWMD's proposed
action.
7. A statement of the specific rules or statutes the petitioner contends require
reversal or modification of the SFWMD's proposed action.
8. If disputed issues of material fact exist, the statement must also include an
explanation of how the alleged facts relate to the specific rules or statutes.
9. A statement of the relief sought by the petitioner, stating precisely the action the
petitioner wishes the SFWMD to take with respect to the SFWMD's proposed
action.
MEDIATION
The procedures for pursuing mediation are set forth in Section 120.573, Fla. Stat., and
Rules 28-106.111 and 28-106.401–.405, Fla. Admin. Code. The SFWMD is not
proposing mediation for this agency action under Section 120.573, Fla. Stat., at this
time.
RIGHT TO SEEK JUDICIAL REVIEW
Pursuant to Section 120.68, Fla. Stat., and in accordance with Florida Rule of Appellate
Procedure 9.110, 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 with the Office of
the District Clerk of the SFWMD in accordance with the filing instructions set forth herein
within 30 days of rendition of the order to be reviewed, and by filing a copy of the notice
with the clerk of the appropriate district court of appeal.
December 12 2025
LSAR0423152