THE SEMINOLE TRIBE OF FLORIDA AND CITY OF MIAMI, APPELLANTS,
v.
DEPARTMENT OF ENVIRONMENTAL PROTECTION AND FLORIDA ENVIRONMENTAL REGULATION COMMISSION, APPELLEES
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The Seminole Tribe of Florida and City of Miami appealed the dismissal of their rule challenge petitions, arguing they were timely filed within 20 days after a revised statement of estimated regulatory costs was made available. The court reversed and remanded, adopting the First District's reasoning that the petitions were timely.
The court reversed the dismissal of the Seminole Tribe's and City's rule challenge petitions as untimely and remanded for further proceedings, adopting the First District's determination that the petitions were timely filed under the statutory requirement.
[1] A petition challenging the invalidity of proposed rule revisions is timely if filed within 20 days after the revised statement of estimated regulatory costs has been prep…
[2] An appellate court may adopt and apply the reasoning of a sister court's well-reasoned opinion to similar consolidated appeals.
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Join FLexlaw to unlock all legal intelligence“within 20 days after the ... reviéed statement of Estimated regulatory costs, if applicable, has been prepared and made available as provided in s. 120.541(l)(d)”
The statutory requirement that must be satisfied for timely filing of rule challenge petitions
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Join FLexlaw to unlock all legal intelligenceThe Seminole Tribe filed a rule challenge petition on August 8, 2016, and the City filed on August 19, 2016, both challenging proposed rule revisions.…
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In these consolidated appeals, The Seminole' Tribe of Florida (“the "Seminole Tribe”) and the City of Miami (“the City”) appeal from a corrected order entered by the Division of Administrative Hearings dismissing their petitions for administra-five determination of invalidity of proposed rule revisions (“rule challenge petitions”) as untimely filed pursuant to section 120,56(2)(a), Florida Statutes (2016). We reverse the corrected order dismissing the Seminole Tribe’s and the City’s rule challenge petitions as untimely and remand for further proceedings.
The consolidated order on appeal dismissed the rule challenge petitions filed by four petitioners, the Seminole Tribe, the City, Florida Pulp and Paper Association Environmental Affairs, Inc. (“Florida Pulp and Paper”), and Martin County, based on the administrative law judge’s determination that each petition was untimely filed pursuant t,o section 120.66(2)(a).1 Following the entry of the corrected order of dismissal, the Seminole Tribe and the City filed their- appeals, which appeals were consolidated by this Court, and Florida Pulp and Paper appealed to the First District Court of Appeal.2
In the appeal before the First District Court of Appeal' and in the consolidated appeals before this Court, it was argued that the rule challenge petitions were timely because they were filed, as required by section 120.56(2)(a), “within 20 days after the ... reviéed statement of Estimated regulatory costs, if applicable, has been prepared and made available as provided in s. 120.541(l)(d).” Prior to this Court’s oral argument, the First District issued an opinion reversing the corrected order of dismissal as to Florida Pulp and Paper and remanded for further proceedings. Fla. Pulp & Paper Ass’n Envtl. Affairs, Inc. v. Dep’t of Envtl. Prot., 223 So.3d 417 (Fla. 1st DCA 2017).3 We agree with and adopt our sister court’s well-reasoned opinion, *546which is applicable to the consolidated appeals before this Court, and therefore, we reverse the corrected order of dismissal as to the Seminole Tribe and the City and remand for further proceedings.4'
Reversed and remanded.
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- Fla. Pulp & Paper Ass'n Env't Affairs, Inc. v. Dep't OF Env't Prot. & Fla. Env't Reg. Comm'n, 223 So. 3d 417 (Fla. 1st DCA 2017)