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Notice Of Rights <br />1. A person whose substantial interests are or may be determined has the right to request <br />an administrative hearing by filing a written petition with the St. Johns River Water <br />Management District (District), or may choose to pursue mediation as an alternative <br />remedy under Sections 120.569 and 120.573, Florida Statutes, before the deadline for <br />filing a petition. Choosing mediation will not adversely affect the rights to a hearing if <br />mediation does not result in a settlement. The procedures for pursuing mediation are <br />set forth in Sections120.569 and 120.57, Florida Statutes, and Rules 28-106.111 and <br />28-106.401-.405, Florida Administrative Code. Pursuant to Chapter 28-106 and Rule <br />40C-1.1007, Florida Administrative Code, the petition must be filed at the office of the <br />District Clerk at District Headquarters, P. O. Box 1429, Palatka, Florida 32178-1429 <br />(4049 Reid St., Palatka, FL 32177) within twenty-six (26) days of the District depositing <br />notice of District decision in the mail (for those persons to whom the District mails actual <br />notice) or within twenty-one (21) days of newspaper publication of the notice of District <br />decision (for those persons to whom the District does not mail actual notice). A petition <br />must comply with Chapter 28-106, Florida Administrative Code. <br />2. If the Governing Board takes action which substantially differs from the notice of District <br />decision, a person whose substantial interests are or may be determined has the right to <br />request an administrative hearing or may choose to pursue mediation as an alternative <br />remedy as described above. Pursuant to District Rule 40C-1.1007, Florida <br />Administrative Code, the petition must be filed at the office of the District Clerk at the <br />address described above, within twenty-six (26) days of the District depositing notice of <br />final District decision in the mail (for those persons to whom the District mails actual <br />notice) or within twenty-one (21) days of newspaper publication of the notice of its final <br />agency action (for those persons to whom the District does not mail actual notice). Such <br />a petition must comply with Rule Chapter 28-106, Florida Administrative Code. <br />3. A substantially interested person has the right to a formal administrative hearing <br />pursuant to Section 120.569 and 120.57(1), Florida Statutes, where there is a dispute <br />between the District and the party regarding an issue of material fact. A petition for <br />formal must comply with the requirements set forth in Rule 28-106.201, Florida <br />Administrative Code, <br />4. A substantially interested person has the right to an informal hearing pursuant to <br />Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. <br />A petition for an informal hearing must comply with the requirements set forth in Rule <br />28-106.301, Florida Administrative Code, <br />5. A petition for an administrative hearing is deemed filed upon delivery of the petition to <br />the District Clerk at the District headquarters in Palatka, Florida. <br />6. Failure to file a petition for an administrative hearing, within the requisite time frame shall <br />constitute a waiver of the right to an administrative hearing (Section 28-106.111, Florida <br />Administrative Code). <br />7. The right to an administrative hearing and the relevant procedures to be followed are <br />governed by Chapter 120, Florida Statutes, and Chapter 28-106, Florida Administrative <br />Code and Section 40C-1.1007, Florida Administrative Code. <br />