February 24, 1978
MEMO KEY W_____
TO: LMB ::.
RE: "RENDITION" OF SWFWMD ORDERS
Effective March 1, 1978, the new Florida Rules of
Appellate Procedure measure the time within which judicial
review of administrative action may occur from the date
of "rendition" of the Order to be reviewed. See Rule 9.110(b),
Fla. R. App. P.
"Rendition" (of an Order) is defined as "the filing of a
signed, written Order with the clerk of the lower tribunal ."
Rule 9.020(g), Fla. R. App. P.
Under the new rules, "clerk" is defined to mean "the person
or official specifically designated as such for the court or
lower tribunal; if no person or official has been specifically
so designated, the official or agent who most closely resembles
a clerk in the functions performed."
I strongly suggest that the Southwest Florida Water
Management District specifically designate one of its
employees to act as its "clerk". A system should be set up
so that the "clerk" can document when signed, written Orders
from the District Governing Board"rve been "filed".
Ambiguity on this point will tend to expand the time within
which judicial review may be pursued.
We recommend that Soulthst. IdX4a Watel
specifically designate ".Gi p employi
"clerk." This c&LeM ZMEMOl& 0the
signed wr itten. owrdeerwEW- M4 t district
been -filed" with it. -Fb1tu to do 0o (
abiqguity. o this point whiab-:will tend i
within which judicial review iay be.purie
It is our frther reoomrendation that ai.
established so that all papers "filed" 1
be properly docketed. This will require'i
appropriately printed docket books, but ii
the records being kept in connection with these matters.
At the present time it appears that numerous lists and files
are being kept with a considerable amount of unintentional
duplication of effort.
L. M. Blain
.'-.. V .. -.
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Mr" a't h .. T a .
fo" "C'r'/ *da Vte
.. Lacur 2k -",;** 0^71l*
* 9oat9wst orl Wafte
MBs Administrative Procedure .-::
Effective March 1, 1978 the new.. .loria Rules of
Procedure measure the tim within which judicial -a
of administrative action may occur from the date 0
ef the order to be reviewed.
"Rendition" of any order is defined al-!-
signed, written order with the ale*ll ot
Under the new rules, "clerkO is dei
or officialssspecifically 6deRsiga *
or lower tribunal; if no per ear office.
so designated, the official or or9at r
a clerk in the funiion pertorMetd. '
..,.._ ,* :L