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the Department ' s action may request a hearing in accordance with Sections 120 . 569 and 120 . 57 , Florida Statutes . Any person who opposes the Department' s action may submit comments or request a public meeting. A request for a public meeting is not equivalent to a petition for hearing . Comments are for non-binding consideration only. For more information concerning requirements of the petitioning process and the necessary time frames for filing a petition, submitting comments or requesting a public meeting, or obtaining a copy of the Agreement, please contact the Office of General Counsel in Tallahassee at (850) 245 - 2242 , or 3900 Commonwealth Blvd, MS 35 , Tallahassee, FL 32399 . 14 . With regard to any agency action taken by the Department concerning Indian River County' s proposals submitted to the Department as required by this Agreement, Indian River County may file a Petition for Formal or Informal Administrative Hearing. The petition must contain the information set forth above in paragraph 13 and must be filed (received) at the Department ' s Office of General Counsel , 3900 Commonwealth Boulevard, MS -35 , Tallahassee, Florida 32399-3000, within 21 days of receipt of the Department ' s agency action Indian River County intends to challenge and must conform with the requirements of Florida Administrative Code Rule 28 - 106 . 201 or Rule 28 - 106 . 301 . Failure to file a petition within this time period shall constitute a waiver by Indian River County of its right to request an administrative proceeding under Sections 120 . 569 and 120 . 57 , Florida Statutes . The Department ' s determination, upon expiration of the 21 day time period if no petition is filed, or the Department ' s Final Order as a result of the filing of a petition, shall be incorporated by reference into this Agreement and made a part of it. All other aspects of the Agreement shall remain in full force and effect at all times . If both parties agree , the Department and Indian River County may mediate the dispute as provided in Section 120 . 573 , Florida Statutes . If the parties agree to mediation , the time for filing a petition pursuant to this paragraph is tolled until such time as the mediation is unsuccessful . Upon notice from the Department that the mediation is unsuccessful , Indian River County shall have 21 days to file its petition as provided herein . If Indian River County seeks an administrative proceeding pursuant to this paragraph , the Department may file suit against Indian River County in lieu of or in addition to holding the administrative proceeding to obtain judicial resolution of all the issues unresolved at the time of the request for administrative proceeding. In the event that the Department files such a suit pursuant to this paragraph , Indian River County reserves all of its rights and defenses to challenge or respond to such suit as is appropriate . 15 . Indian River County acknowledges and waives its right to an administrative hearing Page 8