28-106.301. Initiation of Proceedings  

Effective on Tuesday, February 5, 2013
  • 1(1) Unless otherwise provided by statute and except for agency enforcement and disciplinary actions initiated under subsection 1828-106.2015(1), 19F.A.C., initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term “petition” includes any document which requests a proceeding. Each petition shall be legible and on 8 1/2 by 11 inch white paper or on a form provided by the agency. Unless printed, the impression shall be on one side of the paper only and lines shall be doubled-spaced.

    89(2) All petitions filed under these rules shall contain:

    98(a) The name and address of each agency affected and each agency’s file or identification number, if known;

    116(b) The name, address, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner’s representative; if any, which shall be the address for service purposes during the course of the proceeding;

    171(c) An explanation of how the petitioner’s substantial interests will be affected by the agency determination;

    187(d) A statement of when and how the petitioner received notice of the agency decision;

    202(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency’s proposed action;

    227(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency’s proposed action;

    249(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency’s proposed action; and

    277(h) A statement that no material facts are in dispute.

    287Rulemaking 288Authority 28914.202, 290120.54(5) FS. 292Law Implemented 294120.54(5) FS. 296History–New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.


Rulemaking Events:

Historical Versions(3)

Select effective date to view different version.