Florida Regulations 42-2.021: Initiation of Appeal
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(1) The purpose of Rules 42-2.020 and 42-2.021, F.A.C., is to establish rules of procedure for the conduct of appeals of public lands control plans before the Commission. The appeals process may be initiated only after attempts have been made to formulate a plan by the local arthropod control agency, the land management agency, the Florida Coordinating Council on Mosquito Control, and the Department pursuant to Florida Statutes § 388.4111, and Fl. Admin. Code R. 5E-13.042
(2) In any proceeding arising under Section 388.4111(2)(c), F.S., review by the Commission may be initiated by the land management agency or the local arthropod control agency if the land management agency and the local arthropod control agency fail to agree to a recommended public lands control plan within thirty (30) days after the plan is rendered by the Department. The land management agency or local arthropod control agency may initiate an appeal by filing a petition with the Secretary of the Commission within seventy-five (75) days following the rendition of the recommended public lands control plan. Copies of the petition shall be served on each member of the Commission, on the Secretary of the Department, and on any person named in the petition. The petition shall identify the recommended public lands control plan requested to be reviewed; the relevant procedural events which occurred prior to the filing of the petition; the reasons for the appeal or the errors charged, stated with particularity; and the action requested to be taken by the Commission as a result of the appeal, whether to adopt or modify the proposed public lands control plan. A copy of relevant portions of the public lands control plan sought to be reviewed shall be attached.
(3) Within seven (7) days from receipt of the petition, the Secretary shall determine that the petition contains all elements listed in subsection (2), herein. If the Secretary determines that the petition does not contain the required elements, he shall notify the petitioner, in writing, identifying the missing elements. The petitioner shall have fifteen (15) days from the date of such written notice to submit the necessary additional information. A determination of insufficiency by the Secretary shall toll the time schedule for filing pleadings and performing other actions until the insufficiency is cured.
Rulemaking Authority 388.4111(2)(c) FS. Law Implemented Florida Statutes § 388.4111. History-New 8-5-87.
Terms Used In Florida Regulations 42-2.021
- 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.
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
(3) Within seven (7) days from receipt of the petition, the Secretary shall determine that the petition contains all elements listed in subsection (2), herein. If the Secretary determines that the petition does not contain the required elements, he shall notify the petitioner, in writing, identifying the missing elements. The petitioner shall have fifteen (15) days from the date of such written notice to submit the necessary additional information. A determination of insufficiency by the Secretary shall toll the time schedule for filing pleadings and performing other actions until the insufficiency is cured.
Rulemaking Authority 388.4111(2)(c) FS. Law Implemented Florida Statutes § 388.4111. History-New 8-5-87.