The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
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Individuals seeking a hearing on an agency decision that affects their substantial interests are required to file a petition with the agency within twenty-one days of receipt of written notice of the decision. See Fla. Admin. Code R. 28-106.111(2). A petition is "filed" when the agency receives it. See Fla. Admin. Code R. 28-106.104(1). Smith received written notice of the agency's decision on December 11, 2020, thus the twenty-first day fell on Friday, January 1, 2021. But because January 1 is a legal holiday, the period for filing automatically extended to the next business day, which was Monday, January 4, 2021. See § 110.117(1)(a), Fla. Stat. (2021); Fla. Admin. Code R. 28-106.103. Given that the Commission received Smith's petition on January 4, 2021, it was timely. We therefore reverse the order of dismissal and remand for further proceedings on Smith's petition.
Individuals seeking a hearing on an agency decision that affects their substantial interests are required to file a petition with the agency within twenty-one days of receipt of written notice of the decision. See Fla. Admin. Code R. 28-106.111(2). A petition is "filed" when the agency receives it. See Fla. Admin. Code R. 28-106.104(1). Smith received written notice of the agency's decision on December 11, 2020, thus the twenty-first day fell on Friday, January 1, 2021. But because January 1 is a legal holiday, the period for filing automatically extended to the next business day, which was Monday, January 4, 2021. See § 110.117(1)(a), Fla. Stat. (2021) ; Fla. Admin. Code R. 28-106.103. Given that the Commission received Smith's petition on January 4, 2021, it was timely. We therefore reverse the order of dismissal and remand for further proceedings on Smith's petition.
(A) the day set aside by section 110.117, Florida Statutes, for observing New Year's Day, Martin Luther King, Jr.'s Birthday, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, the Friday after Thanksgiving Day, or Christmas Day, and
In computing any period of time allowed by this chapter, by order of a presiding officer, or by any applicable statute, the day of the act from which the period of time begins to run shall not be included. The last day of the period shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday. When the period of time allowed is less than 7 days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in these rules, legal holiday means those days designated in Section 110.117, F.S. Except as provided in Rule 28-106.217, five days shall be added to the time limits when service has been made by U.S. mail. One business day shall be added when service is made by overnight courier. No additional time shall be added if service is made by hand, facsimile telephone transmission, or other electronic transmission or when the period of time begins pursuant to a type of notice described in Rule 28-106.111.
Section 110.117, Florida Statutes, enacted in 1979, was not in effect at the time of the filing at issue in Flack. Had it been, the court undoubtedly would have observed that subsection (i) provides that if any of the listed holidays falls on a Saturday, the preceding Friday shall be observed as a holiday. November 10, 1978, the date at issue in Flack, thus would have been considered a legal holiday pursuant to section 110.117(1)(i) because the designated holiday honoring Veteran's Day, November 11, fell on a Saturday that year.
. . . “Legal holiday” means (A) the day set aside by section 110.117, Florida Statutes, for observing New Year . . .
. . . Specifically, the Dictionary defines a "District Attorney” in § 110.117-010 as one who “conducts prosecution . . .
. . . As used in these rules, legal holiday means those days designated in Section 110.117, F.S. . . .
. . . These provisions are consistent with section 110.117(l)(g), Florida Statutes (1987), which defines “paid . . . The apparent inconsistency between section 683.-01 and both section 110.117(l)(g) and section 4.07A of . . . Section 110.117, Florida Statutes, enacted in 1979, was not in effect at the time of the filing at issue . . . 1978, the date at issue in Flack, thus would have been considered a legal holiday pursuant to section 110.117 . . .
. . . the responsibility level and functions of an occupation, is identical to that of a corporate lawyer (110.117 . . . -022), a patent lawyer (110.117-026), a hotel manager (187.117-038), and numerous other occupations which . . .