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Florida Administrative Code (Last Updated: June 27, 2024) |
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42. Florida Land and Water Adjudicatory Commission |
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D42. Departmental |
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42-2. Rules Of Appeals Procedure |
1(1) The purpose of Rules 642-2.020 7and 842-2.021, 9F.A.C., is to establish rules of procedure for the conduct of appeals of public lands control plans before the Commission. The appeals process may be initiated only after attempts have been made to formulate a plan by the local arthropod control agency, the land management agency, the Florida Coordinating Council on Mosquito Control, and the Department pursuant to Section 68388.4111, F.S. 70and Rule 725E-13.042, 73F.A.C.
74(2) In any proceeding arising under Section 81388.4111(2)(c), F.S., 83review by the Commission may be initiated by the land management agency or the local arthropod control agency if the land management agency and the local arthropod control agency fail to agree to a recommended public lands control plan within thirty (30) days after the plan is rendered by the Department. The land management agency or local arthropod control agency may initiate an appeal by filing a petition with the Secretary of the Commission within seventy-five (75) days following the rendition of the recommended public lands control plan. Copies of the petition shall be served on each member of the Commission, on the Secretary of the Department, and on any person named in the petition. The petition shall identify the recommended public lands control plan requested to be reviewed; the relevant procedural events which occurred prior to the filing of the petition; the reasons for the appeal or the errors charged, stated with particularity; and the action requested to be taken by the Commission as a result of the appeal, whether to adopt or modify the proposed public lands control plan. A copy of relevant portions of the public lands control plan sought to be reviewed shall be attached.
282(3) Within seven (7) days from receipt of the petition, the Secretary shall determine that the petition contains all elements listed in subsection (2) herein. If the Secretary determines that the petition does not contain the required elements, he shall notify the petitioner, in writing, identifying the missing elements. The petitioner shall have fifteen (15) days from the date of such written notice to submit the necessary additional information. A determination of insufficiency by the Secretary shall toll the time schedule for filing pleadings and performing other actions until the insufficiency is cured.
375Rulemaking Authority 377388.4111(2)(c) FS. 379Law Implemented 381388.4111 FS. 383History–New 8-5-87.
