St. Johns River Water Management District St. Johns River Water Management District St. Johns River Water Management District St. Johns River Water Management District St. Johns River Water Management District St. Johns River Water Management District
St. Johns River Water Management District - www.sjrwmd.com

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Permitting

Notice of Rights

  1. A person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the St. Johns River Water Management District (district). Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) either by delivery at the office of the district Clerk at district Headquarters, P.O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177) or by email with the district Clerk at Clerk@sjrwmd.com, within twenty-six (26) days of the district depositing notice of district decision in the mail (for those persons to whom the district mails actual notice), within twenty-one (21) days of the district emailing notice of district decision (for those persons to whom the district emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of district decision (for those persons to whom the district does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. The district will not accept a petition sent by facsimile (fax), as explained in paragraph no. 5 below. Mediation pursuant to Section 120.573, Florida Statutes, is not available.
  2. If the Governing Board takes action that substantially differs from the notice of district decision, a person whose substantial interests are or may be affected has the right to request an administrative hearing by filing a written petition with the district, but this request for administrative hearing shall only address the substantial deviation. Pursuant to Chapter 28-106 and Rule 40C-1.1007, Florida Administrative Code, the petition must be filed (received) at the office of the district Clerk at the mail/street address or email address described in paragraph no. 1 above, within twenty-six (26) days of the district depositing notice of final district decision in the mail (for those persons to whom the district mails actual notice), within twenty-one (21) days of the district emailing the notice of final district decision (for those persons to whom the district emails actual notice), or within twenty-one (21) days of newspaper publication of the notice of final district decision (for those persons to whom the district does not mail or email actual notice). A petition must comply with Sections 120.54(5)(b)4. and 120.569(2)(c), Florida Statutes, and Chapter 28-106, Florida Administrative Code. Mediation pursuant to Section 120.573, Florida Statutes, is not available.
  3. A person whose substantial interests are or may be affected has the right to a formal administrative hearing pursuant to Sections 120.569 and 120.57(1), Florida Statutes, where there is a dispute between the district and the party regarding an issue of material fact. A petition for formal hearing must also comply with the requirements set forth in Rule 28-106.201, Florida Administrative Code.
  4. A person whose substantial interests are or may be affected has the right to an informal administrative hearing pursuant to Sections 120.569 and 120.57(2), Florida Statutes, where no material facts are in dispute. A petition for an informal hearing must also comply with the requirements set forth in Rule 28-106.301, Florida Administrative Code.
  5. A petition for an administrative hearing is deemed filed upon receipt of the complete petition by the district Clerk at the district Headquarters in Palatka, Florida. Petitions received by the district Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular district business day. The district’s acceptance of petitions filed by email is subject to certain conditions set forth in the district’s Statement of Agency Organization and Operation (issued pursuant to Rule 28-101.001, Florida Administrative Code), which is available for viewing at www.sjrwmd.com. These conditions include, but are not limited to, the petition being in the form of a PDF file and being capable of being stored and printed by the district. Further, pursuant to the district’s Statement of Agency Organization and Operation, attempting to file a petition by facsimile is prohibited and shall not constitute filing.
  6. Failure to file a petition for an administrative hearing within the requisite time frame shall constitute a waiver of the right to an administrative hearing. (Rule 28-106.111, Florida Administrative Code).
  7. The right to an administrative hearing and the relevant procedures to be followed are governed by Chapter 120, Florida Statutes, Chapter 28-106, Florida Administrative Code, and Rule 40C-1.1007, Florida Administrative Code. Because the administrative hearing process is designed to formulate final agency action, the filing of a petition means the district’s final action may be different from the position taken by it in this notice. A person whose substantial interests are or may be affected by the district’s final action has the right to become a party to the proceeding, in accordance with the requirements set forth above.
  8. A person with a legal or equitable interest in real property who believes that a district permitting action is unreasonable or will unfairly burden the use of their property, has the right to, within 30 days of receipt of the notice of district decision regarding a permit application, apply for a special magistrate proceeding under Section 70.51, Florida Statutes, by filing a written request for relief at the Office of the district Clerk located at district Headquarters, P.O. Box 1429, Palatka, FL 32178-1429 (4049 Reid St., Palatka, FL 32177). A request for relief must contain the information listed in Subsection 70.51(6), Florida Statutes. Requests for relief received by the district Clerk after 5:00 p.m., or on a Saturday, Sunday, or legal holiday, shall be deemed filed as of 8:00 a.m. on the next regular district business day.
  9. A timely filed request for relief under Section 70.51, Florida Statutes, tolls the time to request an administrative hearing under paragraph nos. 1 or 2 above. (Paragraph 70.51(10)(b), Florida Statutes). However, the filing of a request for an administrative hearing under paragraph nos. 1 or 2 above waives the right to a special magistrate proceeding. (Subsection 70.51(10)(b), Florida Statutes).
  10. Failure to file a request for relief within the requisite time frame shall constitute a waiver of the right to a special magistrate proceeding. (Subsection 70.51(3), Florida Statutes).
  11. Any person whose substantial interests are or may be affected who claims that final action of the district constitutes an unconstitutional taking of property without just compensation may seek review of the action in circuit court pursuant to Section 373.617, Florida Statutes, and the Florida Rules of Civil Procedures, by filing an action in circuit court within 90 days of rendering of the final district action, (Section 373.617, Florida Statutes).
  12. Pursuant to Section 120.68, Florida Statutes, a party to the proceeding before the district who is adversely affected by final district action may seek review of the action in the district Court of Appeal by filing a notice of appeal pursuant to Rules 9.110 and 9.190, Florida Rules of Appellate Procedure, within 30 days of the rendering of the final district action.
  13. A party to the proceeding before the district who claims that a district order is inconsistent with the provisions and purposes of Chapter 373, Florida Statutes, may seek review of the order pursuant to Section 373.114, Florida Statutes, by the Florida Land and Water Adjudicatory Commission, by filing a request for review with the Commission and serving a copy on the Florida Department of Environmental Protection and any person named in the order within 20 days of the rendering of the district order.
  14. A district action is considered rendered, as referred to in paragraph nos. 11, 12 and 13 above, after it is signed on behalf of the district, and is filed by the district Clerk.
  15. Failure to observe the relevant time frames for filing a petition for judicial review as described in paragraph nos. 11 and 12 above, or for Commission review as described in paragraph no. 13 above, will result in waiver of that right to review.

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St. Johns River Water Management District
4049 Reid Street, Palatka, FL 32177
(800) 725-5922