2006-018 - Laserfiche WebLink

Home Browse Search

Notice Of Rights 8 . An applicant with a legal or equitable interest in real property who believes that a District permitting action is unreasonable or will unfairly burden the use of his property , has the right to , within 30 days of receipt of notice of the District's written decision regarding a permit application , apply for a special master proceeding under Section 70 . 51 , Florida Statutes , by filing a written request for relief at the office of the District Clerk located at District headquarters , P . O . Box 1429 , Palatka , FL 32178 - 1429 (4049 Reid St . , Palatka , Florida 32177 ) . A request for relief must contain the information listed in Subsection 70 . 51 ( 6 ) , Florida Statutes . 9 . A timely filed request for relief under Section 70 . 51 , Florida Statutes , tolls the time to request an administrative hearing under paragraph no . 1 or 2 above ( Paragraph 70 . 51 ( 1 0 ) ( b) , Florida Statutes) . However , the filing of a request for an administrative hearing under paragraph no . 1 or 2 above waives the right to a special master proceeding ( Subsection 70 . 51 ( 1 0 ) ( b ) , Florida Statutes) . 10 . Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special master proceeding ( Subsection 70 . 51 (3) , Florida Statutes ) . 11 . Any substantially affected person who claims that final action of the District constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373 . 617 , Florida Statutes , and the Florida Rules of Civil Procedures , by filing an action in circuit court within 90 days of the rendering of the final District action , ( Section 373 . 617 , Florida Statutes) . 12 . Pursuant to Section 120 . 68 , Florida Statutes , a person who is adversely affected by final District action may seek review of the action in the District Court of Appeal by filing a notice of appeal pursuant to the Florida Rules of Appellate Procedure within 30 days of the rendering of the final District action . 13 . A party to the proceeding before the District who claims that a District order is inconsistent with the provisions and purposes of Chapter 373 , Florida Statutes , may seek review of the order pursuant to Section 373 . 114 , Florida Statutes , by the Florida Land and Water Adjudicatory Commission , by filing a request for review with the Commission and serving a copy on the Department of Environmental Protection and any person named in the order within 20 days of adoption of a rule or the rendering of the District order . 14 . For appeals to the District Court of Appeal , a District action is considered rendered after it is signed on behalf of the District , and is filed by the District Clerk . 15 . Failure to observe the relevant time frames for filing a petition for judicial review described in paragraphs 411 and # 12 , or for Commission review as described in paragraph # 13 , will result in waiver of that right to review .