Fla. Admin. Code Ann. R. 28-106.301 - Initiation of Proceedings
(1) Unless
otherwise provided by statute and except for agency enforcement and
disciplinary actions initiated under subsection 28-106.2015(1), F.A.C.,
initiation of a proceeding shall be made by written petition to the agency
responsible for rendering final agency action. The term "petition" includes any
document which requests a proceeding. Each petition shall be legible and on 8
1/2 by 11 inch white paper or on a form provided by the agency. Unless printed,
the impression shall be on one side of the paper only and lines shall be
doubled-spaced.
(2) All petitions
filed under these rules shall contain:
(a) The
name and address of each agency affected and each agency's file or
identification number, if known;
(b) The name, address, any email address, and
telephone number of the petitioner, if the petitioner is not represented by an
attorney or qualified representative; the name, address, email address,
facsimile number, and telephone number of the petitioner's representative; if
any, which shall be the address for service purposes during the course of the
proceeding;
(c) An explanation of
how the petitioner's substantial interests will be affected by the agency
determination;
(d) A statement of
when and how the petitioner received notice of the agency decision;
(e) A concise statement of the ultimate facts
alleged, including the specific facts the petitioner contends warrant reversal
or modification of the agency's proposed action;
(f) A statement of the specific rules or
statutes that the petitioner contends require reversal or modification of the
agency's proposed action;
(g) A
statement of the relief sought by the petitioner, stating precisely the action
petitioner wishes the agency to take with respect to the agency's proposed
action; and
(h) A statement that no
material facts are in dispute.
Notes
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS.
New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) Unless otherwise provided by statute and except for agency enforcement and disciplinary actions initiated under subsection 28-106.2015(1), F.A.C., initiation of a proceeding shall be made by written petition to the agency responsible for rendering final agency action. The term "petition" includes any document which requests a proceeding. Each petition shall be legible and on 8 1/2 by 11 inch white paper or on a form provided by the agency. Unless printed, the impression shall be on one side of the paper only and lines shall be doubled-spaced.
(2) All petitions filed under these rules shall contain:
(a) The name and address of each agency affected and each agency's file or identification number, if known;
(b) The name, address, any email address, and telephone number of the petitioner, if the petitioner is not represented by an attorney or qualified representative; the name, address, email address, facsimile number, and telephone number of the petitioner's representative; if any, which shall be the address for service purposes during the course of the proceeding;
(c) An explanation of how the petitioner's substantial interests will be affected by the agency determination;
(d) A statement of when and how the petitioner received notice of the agency decision;
(e) A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant reversal or modification of the agency's proposed action;
(f) A statement of the specific rules or statutes that the petitioner contends require reversal or modification of the agency's proposed action;
(g) A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action; and
(h) A statement that no material facts are in dispute.
Notes
Rulemaking Authority 14.202, 120.54(5) FS. Law Implemented 120.54(5) FS.
New 4-1-97, Amended 9-17-98, 1-15-07, 12-24-07, 2-5-13.