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Notice Of Rights <br />1. A person whose substantial interests are or may be affected has the right to request an <br />administrative hearing by filing a written petition with the St. Johns River Water <br />Management District (District). Pursuant to Chapter 28-106 and Rule 40C-1.1007, <br />Florida Administrative Code, the petition must be filed (received) either by delivery at the <br />office of the District Clerk at District Headquarters, P. O. Box 1429, Palatka Florida <br />32178-1429 (4049 Reid St., Palatka, FL 32177) or by e-mail with the District Clerk at <br />Clerk@sirwmd.com, within twenty-six (26) days of the District depositing the notice of <br />District decision in the mail (for those persons to whom the District mails actual notice), <br />within twenty-one (21) days of the District emailing the notice of District decision (for <br />those persons to whom the District emails actual notice), or within twenty-one (21) days <br />of newspaper publication of the notice of District decision (for those persons to whom the <br />District does not mail or email actual notice). A petition must comply with Sections <br />120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida <br />Administrative Code. The District will not accept a petition sent by facsimile (fax), as <br />explained in paragraph no. 4 below. <br />2. Please be advised that if you wish to dispute this District decision, mediation may be <br />available and that choosing mediation does not affect your right to an administrative <br />hearing. If you wish to request mediation, you must do so in a timely -filed petition. If all <br />parties, including the District, agree to the details of the mediation procedure, in writing, <br />within 10 days after the time period stated in the announcement for election of an <br />administrative remedy under Sections 120.569 and 120.57, Florida Statutes, the time <br />limitations imposed by Sections 120.569 and 120.57, Florida Statutes, shall be tolled to <br />allow mediation of the disputed District decision. The mediation must be concluded <br />within 60 days of the date of the parties' written agreement, or such other timeframe <br />agreed to by the parties in writing. Any mediation agreement must include provisions for <br />selecting a mediator, a statement that each party shall be responsible for paying its pro - <br />rata share of the costs and fees associated with mediation, and the mediating parties' <br />understanding regarding the confidentiality of discussions and documents introduced <br />during mediation. If mediation results in settlement of the administrative dispute, the <br />District will enter a final order consistent with the settlement agreement. If mediation <br />terminates without settlement of the dispute, the District will notify all the parties in writing <br />that the administrative hearing process under Sections 120.569 and 120.57, Florida <br />Statutes, is resumed. Even if a party chooses not to engage in formal mediation, or if <br />formal mediation does not result in a settlement agreement, the District will remain willing <br />to engage in informal settlement discussions. <br />3. A person whose substantial interests are or may be affected has the right to an informal <br />administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, <br />where no material facts are in dispute. A petition for an informal hearing must also <br />comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code. <br />