Florida Regulations 42-2.008: Conduct of Appeals
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(1) Within 20 days of the filing of a notice of appeal, all parties shall be given the opportunity to meet to discuss, at a minimum, the following matters:
(a) The issues to be determined in the appeal;
(b) Whether an issue should be decided on the basis of the record made below, additional evidence, or a combination thereof;
(c) Settlement of the appeal.
For the purposes of this section, the parties shall include the local government which rendered the development order, the owner, the developer, the state land planning agency and the appropriate regional planning agency. Notice of the meeting shall also be given to any person who has filed a motion to intervene or who has requested notice from the Secretary of the Commission. Reasonable notice of the meeting shall be given by the Secretary of the Commission after consultation with the parties. The meeting may take the form of a conference call between the parties; however, written notice of the conference call must be given to the parties and to any person who has filed a motion to intervene or who has requested notice from the Secretary of the Commission. The Secretary, or his designee, shall conduct the meeting.
(2) Within 30 days of the filing of a notice of appeal, the parties shall file:
(a) A prehearing stipulation which shall set forth the following:
1. The issues of fact on which the parties agree.
2. The disputed issues of fact and as to each issue, whether the decision should be on the basis of the record made below, additional evidence, or a combination thereof.
3. The disputed issues of law.
(b) If the parties are unable to stipulate, each party shall file a statement which shall set forth the following:
1. The reasons the party was unable to join a prehearing stipulation.
2. The disputed issues of fact and law and as to each issue, whether the decision should be on the basis of the record made below, additional evidence, or a combination thereof.
(c) If applicable, a notice that they do not intend to participate in the appeal and waive further notice of the proceedings.
(3) The Secretary may grant extensions of time limitations referred to in subsections (1) and (2), above, for good cause shown.
(4) Within 60 days of receipt of a notice of appeal in which procedural motions or motions to intervene have been filed, the Secretary of the Commission shall agenda the appeal for consideration by the Commission. Appeals in which no procedural motions or motions to intervene have been filed shall be listed on an agenda and forwarded to the Division of Administrative Hearings for assignment of an administrative law judge and further proceedings unless Commission action is requested within five calendar days of the agenda date. Commission action may be requested by any person or by any member(s) of the Commission. In considering appeals, if the Commission determines that an issue of statewide or regional importance was not raised by the parties but is necessary to its disposition of the appeal, the Commission shall specify said issue and shall specify whether the issue shall be the subject of review based on the record made below, additional evidence or a combination thereof. New issues shall not be raised by the parties or other persons after this Commission meeting. In considering appeals, the Commission may also dispose of procedural motions, including motions to intervene, which have been filed within 30 days of the filing of the notice of appeal.
(a) The Secretary may waive the 60-day requirement for consideration by the Commission in subsection (4), if all parties have entered into a settlement stipulation and have requested an amended development order from the local government or the Commission.
(b) A written request from the initiating party for the waiver referred to in paragraph (a), shall be filed with the Secretary within forty-five (45) days of receipt of a notice of appeal. The request for waiver shall be accompanied by a copy of the executed settlement stipulation.
(c) If a voluntary dismissal of the appeal by the initiating party is not received by the Commission within 120 days of receipt of a notice of appeal, the Commission shall meet to review the issues raised by the parties.
(5) Dismissal of Appeals.
(a) In cases where no petition to intervene has been filed, the initiating party may dismiss the appeal prior to the Commission’s consideration pursuant to subsection (4). Upon the filing of a Notice of Voluntary Dismissal, the Secretary shall issue a Final Order of Dismissal, and the matter will not be heard by the Commission.
(b) For purposes of limiting the costs to the parties seeking to intervene, including local governments with limited resources, in cases where a petition to intervene has been filed, in order to dismiss the appeal the initiating party must file its Notice of Voluntary Dismissal by the second working day prior to the Commission’s consideration pursuant to subsection (4). “”Working day”” means a day other than Saturday, Sunday, or a holiday. If the initiating party files a Notice of Voluntary Dismissal in such a case after the second working day prior to the Commission’s consideration pursuant to subsection (4), the notice will be treated as a motion to dismiss subject to a ruling during the Commission’s consideration pursuant to subsection (4), above, or later in the proceedings.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 380.07(3), 380.08(3), 120.57(1)(b) FS. History-New 4-13-75, Formerly 22G-1.08, 27G-1.08, Amended 8-10-86, 5-24-87, 2-13-91, 12-17-91, 4-27-92, 8-5-98.
Terms Used In Florida Regulations 42-2.008
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
(b) Whether an issue should be decided on the basis of the record made below, additional evidence, or a combination thereof;
(c) Settlement of the appeal.
For the purposes of this section, the parties shall include the local government which rendered the development order, the owner, the developer, the state land planning agency and the appropriate regional planning agency. Notice of the meeting shall also be given to any person who has filed a motion to intervene or who has requested notice from the Secretary of the Commission. Reasonable notice of the meeting shall be given by the Secretary of the Commission after consultation with the parties. The meeting may take the form of a conference call between the parties; however, written notice of the conference call must be given to the parties and to any person who has filed a motion to intervene or who has requested notice from the Secretary of the Commission. The Secretary, or his designee, shall conduct the meeting.
(2) Within 30 days of the filing of a notice of appeal, the parties shall file:
(a) A prehearing stipulation which shall set forth the following:
1. The issues of fact on which the parties agree.
2. The disputed issues of fact and as to each issue, whether the decision should be on the basis of the record made below, additional evidence, or a combination thereof.
3. The disputed issues of law.
(b) If the parties are unable to stipulate, each party shall file a statement which shall set forth the following:
1. The reasons the party was unable to join a prehearing stipulation.
2. The disputed issues of fact and law and as to each issue, whether the decision should be on the basis of the record made below, additional evidence, or a combination thereof.
(c) If applicable, a notice that they do not intend to participate in the appeal and waive further notice of the proceedings.
(3) The Secretary may grant extensions of time limitations referred to in subsections (1) and (2), above, for good cause shown.
(4) Within 60 days of receipt of a notice of appeal in which procedural motions or motions to intervene have been filed, the Secretary of the Commission shall agenda the appeal for consideration by the Commission. Appeals in which no procedural motions or motions to intervene have been filed shall be listed on an agenda and forwarded to the Division of Administrative Hearings for assignment of an administrative law judge and further proceedings unless Commission action is requested within five calendar days of the agenda date. Commission action may be requested by any person or by any member(s) of the Commission. In considering appeals, if the Commission determines that an issue of statewide or regional importance was not raised by the parties but is necessary to its disposition of the appeal, the Commission shall specify said issue and shall specify whether the issue shall be the subject of review based on the record made below, additional evidence or a combination thereof. New issues shall not be raised by the parties or other persons after this Commission meeting. In considering appeals, the Commission may also dispose of procedural motions, including motions to intervene, which have been filed within 30 days of the filing of the notice of appeal.
(a) The Secretary may waive the 60-day requirement for consideration by the Commission in subsection (4), if all parties have entered into a settlement stipulation and have requested an amended development order from the local government or the Commission.
(b) A written request from the initiating party for the waiver referred to in paragraph (a), shall be filed with the Secretary within forty-five (45) days of receipt of a notice of appeal. The request for waiver shall be accompanied by a copy of the executed settlement stipulation.
(c) If a voluntary dismissal of the appeal by the initiating party is not received by the Commission within 120 days of receipt of a notice of appeal, the Commission shall meet to review the issues raised by the parties.
(5) Dismissal of Appeals.
(a) In cases where no petition to intervene has been filed, the initiating party may dismiss the appeal prior to the Commission’s consideration pursuant to subsection (4). Upon the filing of a Notice of Voluntary Dismissal, the Secretary shall issue a Final Order of Dismissal, and the matter will not be heard by the Commission.
(b) For purposes of limiting the costs to the parties seeking to intervene, including local governments with limited resources, in cases where a petition to intervene has been filed, in order to dismiss the appeal the initiating party must file its Notice of Voluntary Dismissal by the second working day prior to the Commission’s consideration pursuant to subsection (4). “”Working day”” means a day other than Saturday, Sunday, or a holiday. If the initiating party files a Notice of Voluntary Dismissal in such a case after the second working day prior to the Commission’s consideration pursuant to subsection (4), the notice will be treated as a motion to dismiss subject to a ruling during the Commission’s consideration pursuant to subsection (4), above, or later in the proceedings.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 380.07(3), 380.08(3), 120.57(1)(b) FS. History-New 4-13-75, Formerly 22G-1.08, 27G-1.08, Amended 8-10-86, 5-24-87, 2-13-91, 12-17-91, 4-27-92, 8-5-98.