Florida Regulations 42-2.013: Request for Review Pursuant to Section 373.114 or 373.217, F.S.
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(1) In any proceeding arising under Florida Statutes Chapter 373, review by the Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties to the proceeding which resulted in the order sought to be reviewed. A certificate of service showing completion of service as required by this subsection shall be a requirement for a determination of sufficiency under Fl. Admin. Code R. 42-2.0132 Failure to file the request with the Commission within the time period provided in Fl. Admin. Code R. 42-2.0132, shall result in dismissal of the request for review.
(2) The request for review shall identify the rule or order requested to be reviewed, the proceeding in which the rule or order was entered and the nature of the rule or order. A copy of the rule or order sought to be reviewed shall be attached. The request for review shall state with particularity:
(a) How the order or rule conflicts with the requirements, provisions and purposes of Florida Statutes Chapter 373, or rules duly adopted thereunder;
(b) How the rule or order sought to be reviewed affects the interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Florida Statutes Chapter 120, on the order for which review is requested;
(d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and,
(e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule.
(3) In a review of a construction permit issued pursuant to a conceptual permit under Florida Statutes Chapter 373, Part IV, which conceptual permit is issued after July 1, 1993, a party to the review may not raise an issue which was or could have been raised in a review of the conceptual permit under this rule.
(4)(a) With regard to a request for review of an order by a party, if the petition is timely filed, sufficient, and raises issues of conflict with the requirements of Florida Statutes Chapter 373, or rules duly adopted thereunder, then the Commission shall accept the request for review of an order if:
1. Three members of the Commission determine on the basis of the record below that the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or
2. Three members of the Commission determine that the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from the standpoint of agency precedent.
(b) When a request for review of an order or rule initiated by the Department is timely filed, sufficient, and raises issues of conflict with the requirements of Florida Statutes Chapter 373, or rules duly adopted thereunder, the Commission shall accept the request for review without regard to the limitations of subparagraphs (4)(a)1. and (4)(a)2.
(c) For the purpose of subFl. Admin. Code R. 42-2.013(4)(a)1., it shall be presumed that an activity authorized by an order will not affect resources of statewide or regional significance if the proposed activity:
1. Occupies an area less than 10 acres in size,
2. Does not create impervious surfaces greater than 2 acres in size,
3. Is not located within 550 feet of the shoreline of a named body of water designated as Outstanding Florida Waters; and,
4. Does not adversely affect threatened or endangered species. This paragraph shall not operate to hold that any activity that exceeds these limits is presumed to affect resources of statewide or regional significance. The determination of whether an activity will substantially affect resources of statewide or regional significance shall be based upon facts contained in the record below.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 373.217, 380.07 FS. History-New 6-8-77, Formerly 22G-1.13, Amended 2-7-84, Formerly 27G-1.13, Amended 2-20-94, 3-15-95, 4-16-07.
Terms Used In Florida Regulations 42-2.013
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(a) How the order or rule conflicts with the requirements, provisions and purposes of Florida Statutes Chapter 373, or rules duly adopted thereunder;
(b) How the rule or order sought to be reviewed affects the interests of the party seeking review;
(c) The oral or written statement, sworn or unsworn, which was submitted to the agency concerning the matter to be reviewed and the date and location of the statement, if the individual or entity requesting the review has not participated in a proceeding previously instituted pursuant to Florida Statutes Chapter 120, on the order for which review is requested;
(d) If review of an order is being sought, whether and how the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or whether the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from a standpoint of agency precedent, and all the factual bases in the record which the petitioner claims support such determination(s); and,
(e) The action requested to be taken by the Commission as a result of the review, whether to rescind or modify the order, or remand the proceeding to the water management district for further action, or to require the water management district to initiate rulemaking to adopt, amend or repeal a rule.
(3) In a review of a construction permit issued pursuant to a conceptual permit under Florida Statutes Chapter 373, Part IV, which conceptual permit is issued after July 1, 1993, a party to the review may not raise an issue which was or could have been raised in a review of the conceptual permit under this rule.
(4)(a) With regard to a request for review of an order by a party, if the petition is timely filed, sufficient, and raises issues of conflict with the requirements of Florida Statutes Chapter 373, or rules duly adopted thereunder, then the Commission shall accept the request for review of an order if:
1. Three members of the Commission determine on the basis of the record below that the activity authorized by the order would substantially affect natural resources of statewide or regional significance, or
2. Three members of the Commission determine that the order raises issues of policy, statutory interpretation, or rule interpretation that have regional or statewide significance from the standpoint of agency precedent.
(b) When a request for review of an order or rule initiated by the Department is timely filed, sufficient, and raises issues of conflict with the requirements of Florida Statutes Chapter 373, or rules duly adopted thereunder, the Commission shall accept the request for review without regard to the limitations of subparagraphs (4)(a)1. and (4)(a)2.
(c) For the purpose of subFl. Admin. Code R. 42-2.013(4)(a)1., it shall be presumed that an activity authorized by an order will not affect resources of statewide or regional significance if the proposed activity:
1. Occupies an area less than 10 acres in size,
2. Does not create impervious surfaces greater than 2 acres in size,
3. Is not located within 550 feet of the shoreline of a named body of water designated as Outstanding Florida Waters; and,
4. Does not adversely affect threatened or endangered species. This paragraph shall not operate to hold that any activity that exceeds these limits is presumed to affect resources of statewide or regional significance. The determination of whether an activity will substantially affect resources of statewide or regional significance shall be based upon facts contained in the record below.
Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 373.217, 380.07 FS. History-New 6-8-77, Formerly 22G-1.13, Amended 2-7-84, Formerly 27G-1.13, Amended 2-20-94, 3-15-95, 4-16-07.