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2008-260B
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2008-260B
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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 />
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