October 9, 1973
RE: Time for Appeal of SWFWMD (R) Order
Section 373.173 (1) F.S. (1971) gave any person aggrieved
by "action" of a water regulatory district the right to appeal
such decision to the district court of appeals in which a major
portion of the regulatory district lies. This section, although
repealed by 1, part VI, Ch. 72-299 effective July 1, 1973, has
been preserved as far as regulatory districts are concerned by
Sections 373.201, .249, .339 F.S. (1972 Supp.).
Section 373.173 (2) F.S. (1971), similarly preserved,
provides that such review may be only had by filing a notice of
appeal within the time provided by the Florida appellate rules
"from and after the date of the action taken".
Florida Appellate Rule 3.2 (b), which governs the procedure
in all appeals, provides that appeals must be commenced within
30 days from the rendition of the final decision, order, judg-
ment or decree appealed from, unless a shorter period of time is
otherwise provided for in the rules. (I could find no shorter
period of time in any of the rules.) Appeals are commenced by
filing notice of appeal and depositing the requisite filing fee
with the clerk of the lower court. (Fla. Appellate Rule 3.2 (a))
Florida Appellate Rule 3.2 (a) also provides that other proceedings
shall be commenced by filing the initial pleading with the clerk
of the Court and paying him the filing fee prescribed by law.
It thus would appear that to pursue judicial review of an
order promulgate y- CFWMD (R) the notice of appeal must be
filed in the eflate court 'thin 30 days of the rendition of the
order. Whether or not the order is truly "final" would seem
irrelevant because the statute (Section 373.173 (2) F.S. (1971))
speaks only of the "action" taken by the district.