KYNA SMITH
v.
FISH AND WILDLIFE CONSERVATION COMMISSION
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A petition for an administrative hearing is timely when filed on the next business day following a filing deadline that falls on a legal holiday.
[1] When a deadline for filing a petition with an administrative agency falls on a legal holiday, the filing period automatically extends to the next business day.
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Join FLexlaw to unlock all legal intelligence“A petition is 'filed' when the agency receives it.”
The court clarified the definition of when a petition is considered filed under Florida Administrative Code.
Smith received written notice of the Fish and Wildlife Conservation Commission's decision on December 11, 2020, making the twenty-first day for filing…
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PER CURIAM.
The Fish and Wildlife Conservation Commission dismissed with prejudice Kyna Smith’s petition for an administrative hearing. Because the dismissal rested on the Commission’s erroneous conclusion that the petition was untimely, we reverse.
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.
REVERSED and REMANDED.
RAY, OSTERHAUS, and NORDBY, JJ., concur. _____________________________