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Notice Of Rights <br />5. A petition for an administrative hearing is deemed filed upon receipt of the complete <br />petition by the District Clerk at the District Headquarters in Palatka, Florida. Petitions <br />received by the District Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, <br />shall be deemed filed as of 8:00 a.m. on the next regular District business day. The <br />District's acceptance of petitions filed by e-mail is subject to certain conditions set forth <br />in the District's Statement of Agency Organization and Operation (issued pursuant to <br />Rule 28-101.001, Florida Administrative Code), which is available for viewing at <br />www.sirwmd.com. These conditions include, but are not limited to, the petition being in <br />the form of a PDF file and being capable of being stored and printed by the District. <br />Further, pursuant to the District's Statement of Agency Organization and Operation, <br />attempting to file a petition by facsimile is prohibited and shall not constitute filing. <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. (Rule 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, Chapter 28-106, Florida Administrative <br />Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative <br />hearing process is designed to formulate final agency action, the filing of a petition <br />means the District's final action may be different from the position taken by it in this <br />notice. A person whose substantial interests are or may be affected by the District's final <br />action has the right to become a party to the proceeding, in accordance with the <br />requirements set forth above. <br />8. A person with a legal or equitable interest in real property who believes that a District <br />permitting action is unreasonable or will unfairly burden the use of their property, has the <br />right to, within 30 days of receipt of the notice of District decision regarding a permit <br />application, apply for a special magistrate proceeding under Section 70.51, Florida <br />Statutes, by filing a written request for relief at the Office of the District Clerk located at <br />District Headquarters, P. O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, <br />FL 32177). A request for relief must contain the information listed in Subsection <br />.70.51(6), Florida Statutes. Requests for relief received by the District Clerk after 5:00 <br />p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. <br />on the next regular District business day. <br />9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to <br />request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph <br />70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative <br />hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate <br />proceeding. (Subsection 70.51(10)(b), Florida Statutes). <br />10. Failure to file a request for relief within the requisite time frame shall constitute a waiver <br />of the right to a special magistrate proceeding. (Subsection 70.51(3), Florida Statutes). <br />