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• CPatrick S. 'Walther, Y.F. September 18, 1998 Page 3 Failure to petition within the allowed time frame constitutes 4vaiver of any right that such a der section 120.57 of the Florida statutes and to participate as a person has to request a hearing un party to the proceeding. if a legally sufficient petition for hearing y not tooetlhye order derehasright this a constitutes final agency action. When this order becomes final, any party9. to seek judicial review under section 120.68 of the Florida Statute s and rowith the le )De,a t,n � a0f of the Florida Rules of Appellate Procedure by tiling a notice of appeal Environmental Protection, Office of General Counsel, Department Clerk,ro n districtocourt Of Boulevard, Mail Station 35, Tallahassee, Florida 32399, and with the appropriate appeal within thirty days after rendition of this order. The notice filed with ft district court must be accompanied by the filing fee specified in subsection 35:22(3) of the Florida Statutes. Any subsequent intervention will only be at the approval of the presiding officer upon motion filed under Rule 60Q-2,010, Florida Administrative Code. A person whose substantial interests are affected byunderh Department's section 573 heed a the deadline proposed agency action may choose to pursue mediation as an alternative remedy for filing a petition. Choosing mediation will not adversely affect the right to a hearing if mediation 4a does not result in a settlement. The procedures for pursuing mediation are sel forth below. A person may pursue mediation by reaching a mediation agreementwho has filed a timely and l parties to the proceeding ('which include the applicant, the Department, and any person and by showing how the substantial interests of each mediating par sufficient petition for a hearing) ry t's action Proposed action. The in en are affected by he De a G neral Counselrof the Department at 900 Commonwealth Boulevard, (received by) the same deadline as set forth above for the Mail Station 35, Tallahassee, Florida 32399-3000, by filing of a petition. The agreement to mediate must include the following: riots who may attend the (a) The names, addresses, and telephone numbers of any pe mediation; lected by the parties, or a (b) The name, address, and telephone number of the mediator se provision for selecting a mediator within a specified tine; (c) The agreed allocation of the costs and fees associated with the mediation-, (d) The agreement of the parries on the confidentiality of discussions and documents introduced during mediations (e) The date, time, and place of the first mediation session, or a deadline for balding the first session, if no mediator has yet been chosen; (f) The nate of each party's representative who shall have the authority to settle or recommend settlement, andwill be (g) Either an explanation of how the sulysta„tial interests of each mediating Parry affected by the action or proposed action addressed in this notice of intent of a statement clearly identifying the petition for hearing that each party has already filed, and 'incorporating it by reference. (l,) The signatures of ail parties or their authorized representatives.