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intervention (in a proceeding initiated by another party) will be only at the discretion of the <br /> presiding officer upon the filing of a motion in compliance with Rule 28 - 106 .205 of the Florida <br /> Administrative Cade . <br /> A petition that disputes the material facts on which the Department' s action is based must contain <br /> the following information : <br /> (a) The name , address , and telephone number of each petitioner; the name, address , and <br /> telephone number of the petitioner' s representative, if any ; the Department permit <br /> identification number and the county in which the subject matter or activity is located ; <br /> (b) A statement of how and when each petitioner received notice of the Department <br /> action ; <br /> (c) A statement of how each petitioner' s substantial interests are affected by the <br /> Department action ; <br /> (d ) A statement of all disputed issues of material fact . If there are none , the petition <br /> must so indicate ; <br /> (e) A statement of facts that the petitioner contends warrant reversal or modification <br /> of the Department action ; <br /> (f) A concise statement of the ultimate facts alleged, as well as the rules and statutes <br /> which entitle the petitioner to relief, and <br /> (g) A statement of the relief sought by the petitioner, stating precisely the action that the <br /> petitioner wants the Department to take . <br /> A petition that does not dispute the material facts on which the Department ' s action is based <br /> shall state that no such facts are in dispute and otherwise shall contain the same information as <br /> set forth above, as required by Rule 28 - 106 . 301 , Florida Statutes. <br /> Because the administrative hearing process is designed to formulate final agency action, the filing <br /> of a petition means that the Department ' s final action may be different from the position taken by it in this <br /> notice . Persons whose substantial interests will be affected by any such final decision of the Department <br /> have the right to petition to become a party to the proceeding, in accordance with the requirements set <br /> forth above . <br /> Mediation under Section 120 . 573 of the Florida Statutes is not available for this proceeding . <br /> This action is final and effective on the date filed with the Clerk of the Department unless a petition is <br /> filed in accordance with the above. Upon the timely filing of a petition this order will not be effective <br /> until further order of the Department. <br /> Any party to the order has the right to seek judicial review of the order under Section 120 . 68 <br /> of the Florida Statutes, by the filing of a notice of appeal under Rule 9 . 110 of the Florida Rules <br /> i of Appellate Procedure with : <br /> Clerk of the Department of Environmental Protection <br /> Office of General Counsel <br /> Mail Station 35 , <br /> 3900 Commonwealth Boulevard <br /> Tallahassee, Florida, 32399-3000 <br /> and by filing a copy of the notice of appeal accompanied by the applicable filing fees with the <br /> appropriate district court of appeal . The notice of appeal must be filed within 30 days from the <br /> date when the final order is filed with the Clerk of the Department. <br /> 1 <br /> l <br /> Xfore Protection, Less Process " <br /> miwdep.state. /1. us <br />