Department of Economic Opportunity, Division of Community Development  

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    DEPARTMENT OF ECONOMIC OPPORTUNITY

    Division of Community Development

    Final Order No. DEO-16-157

    ROBERT SMITH, Petitioner,

    v.FINAL ORDER NO. DEO-16-157

    CASE NO.: 16-048

    (FINAL ORDER NO. DEO-16-121)

    STATE OF FLORIDA, DEPARTMENT OF ECONOMIC OPPORTUNITY, Respondent.

    ____________________________________/

    ORDER

    THIS CAUSE has come before the State of Florida, Department of Economic Opportunity (Department) on a Petitioner’s motion to repudiate the Department’s final order of dismissal without prejudice.  Petitioner’s motion to repudiate does not comport with the requirements of 28-106.303, Florida Administrative Code, because it fails to “fully state the action requested and the grounds relied upon.”  It is, therefore:

    ORDERED AND ADJUDGED:

    The motion to repudiate the final order of dismissal without prejudice is hereby DENIED.  The Petitioner has fifteen (15) days from the date of this Order to file an amended motion with the Department that complies with rule 28-106.303, Florida Administrative Code.  This Order constitutes final agency action of the Department.

    DONE AND ORDERED this 23rd day of August, 2016, in Tallahassee, Leon County, Florida.

    /s/

    Taylor Teepell, Director

    Division of Community Development

    Department of Economic Opportunity

    Notice of administrative rights

    Any person whose substantial interests are affected by this order has the opportunity for an administrative proceeding pursuant to section 120.569, Florida statutes.

    For the required contents of a petition challenging agency action, refer to Rules 28-106.104(2), 28-106.201(2), and 28-106.301, Florida Administrative Code.

    Depending on whether or not material facts are disputed in the petition, a hearing will be conducted pursuant to either sections 120.569 and 120.57(1), Florida statutes, or Sections 120.569 and 120.57(2), Florida statutes.

    Pursuant to section 120.573, florida statutes, and chapter 28, part iv, florida administrative code, mediation is not available to settle administrative disputes.

    Any petition must be filed with the agency clerk of the department of economic opportunity within 21 calendar days of the final order being published in the florida administrative register. A petition is filed when it is received by:

    Agency Clerk

    Department of Economic Opportunity

    Office of the general Counsel

    107 East Madison St., MSC 110

    Tallahassee, Florida 32399-4128

    Fax (850)921-3230

    You waive the right to any administrative proceeding if you do not file a petition with the agency clerk within 21 calendar days of the final order being published in the florida administrative register.

    CERTIFICATE OF FILING AND SERVICE

    I HEREBY CERTIFY that the original of the foregoing Final Order denying Petitioner’s motion to repudiate order of dismissal has been filed with the Agency Clerk, Stephanie Chatham, Department of Economic Opportunity, 107 East Madison Street, MSC 110, Tallahassee, FL 32399-4128, telephone: (850)245-7150, and that a true and correct copy has been furnished via certified mail to Robert J. Smith, 23329 Royal Palm Drive, Palm Bay, Florida 32905 this 23rd day of August, 2016.

    /s/

    Stephanie Chatham, Agency Clerk

    Department of Economic Opportunity

    107 East Madison Street, MSC 110

    Tallahassee, FL 32399-4128

    Telephone: (850)245-7150

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