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2004-128
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2004-128
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Last modified
9/1/2016 1:19:07 PM
Creation date
9/30/2015 7:36:31 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
06/08/2004
Control Number
2004-128
Agenda Item Number
7.D.
Entity Name
Florida Department of Environmental Protection
Subject
Modification of Resolution Agreement Extensions of Time
Archived Roll/Disk#
3210
Supplemental fields
SmeadsoftID
3815
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(g) Either an explanation of how the substantial interests of each mediating party will be <br /> affected by the action or proposed action addressed in this notice of intent or a statement clearly <br /> identifying the petition for hearing that each party has already filed , and incorporating it by <br /> reference . <br /> (h) The signatures of all parties or their authorized representatives . <br /> As provided in Section 120 . 573 of the Florida Statutes , the timely agreement of all parties <br /> to mediate will toll the time limitations imposed by Sections 120 . 569 and 120 . 57 for requesting <br /> and holding an administrative hearing . Unless otherwise agreed by the parties , the mediation must <br /> be concluded within sixty days of the execution of the agreement . If mediation results in <br /> settlement of the administrative dispute , the Department must enter a final order incorporating the <br /> agreement of the parties . Persons whose substantial interests will be affected by such a modified <br /> final decision of the Department have a right to petition for a hearing only in accordance with the <br /> requirements for such petitions set forth above , and must therefore file their petitions within 21 <br /> days of receipt of this notice . If mediation terminates without settlement of the dispute , the <br /> Department shall notify all parties in writing that the administrative hearing processes under <br /> Sections 120 . 569 and 120 . 57 remain available for disposition of the dispute , and the notice will <br /> specify the deadlines that then will apply for challenging the agency action and electing remedies <br /> under those two statutes . <br /> 7 . Except as expressly modified by this Modification, the Resolution Agreement <br /> remains in full force and effect . The terms and conditions of the Resolution Agreement , as <br /> modified by this Modification, may be enforced in a court of competent jurisdiction pursuant to <br /> Sections 120 . 69 and 403 . 121 , Florida Statutes . Failure to comply with the Resolution Agreement , <br /> Modification 5 OGC File No . 01 - 1675 <br />
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