73B-20.005. Time for Filing Appeal  

Effective on Monday, August 5, 2019
  • 1(1) The appeal shall be filed within 20 calendar days of the date the determination or redetermination was mailed to the appellant’s last known address via the United States Postal Service, delivered electronically via the CONNECT system, or, in the absence of postal mailing or electronic distribution, the date of delivery to the appellant.

    55(2) 56In computing any period of time prescribed or allowed by these rules, the date of the distribution/mailing of a determination, redetermination, order, decision, or notice shall not be counted. The last day of the period shall be counted unless it is a Saturday, Sunday. or holiday; in which event, the period shall run until the end of the next day that is not a Saturday, Sunday, or holiday. For the purpose of this section, “holiday” means:

    132(a) Those dates so designated by section 139110.117, F.S.;

    141(b) Any other day on which the offices of the Department of Economic Opportunity are closed;

    157(c) Any other day on which the United States Postal Service is closed; and,

    171(d) Any other day covered by an order issued pursuant to Florida Rule of Judicial Administration 2.205(a)(2)(B)(iv) that suspends, tolls, or otherwise grants relief from time deadlines for the area in which the appellant resides.

    206(3) Appeals filed by mail are deemed filed when postmarked by the United States Postal Service. Appeals delivered in person are deemed filed on the date hand delivered. Appeals filed by facsimile transmission are deemed filed 242on the date recorded on the document by the Department or Commission fax system. 256Appeals filed by email are deemed filed when sent, as recorded in the email. 270Appeals filed electronically through the CONNECT system are deemed filed on the date the confirmation is issued by the system. The CONNECT system shall post on the appeal the date the confirmation is issued and the appeal was successfully received by the system.

    313Rulemaking Authority 315443.012(11) FS. 317Law Implemented 319443.151(3)(a), 320(4)(b)1., (d) FS. History–New 5-22-80, Formerly 38E-5.05, Amended 8-20-86, 3-1-98, 8-7-01, Formerly 38E-5.005, 33360BB-5.005, 334Amended 11-19-12, 12-6-16, 8-5-19.