Fla. Admin. Code Ann. R. 61B-80.105 - Computation of Time
(1) Recall Time
Calculation. In computing the five full business days prescribed by subsections
720.303(10)(b)2., 720.303(10)(c)2., and
720.303(10)(d),
F.S., and these rules, in which the board is required to duly notice and hold a
board meeting and file for recall arbitration with the division, the day that
the board is served with notice of the recall and the day of the board meeting
shall not be included. The last day of the period shall be included unless it
is a Saturday, Sunday or legal holiday as prescribed by Section
110.117, F.S., in which event
the period shall run until the end of the next business day. For example, if a
recall petition is served on the board on June 1, 2004, a Tuesday, the board
must duly notice and hold a board meeting to determine whether to contest the
recall not later than Monday, June 7, 2004. Likewise, if the board meeting on
whether to certify the recall is held on Monday, June 7, 2004, the board shall
file its petition for recall arbitration not later than the close of business
on Monday, June 14, 2004.
(2)
Additional Time after Service by Mail. Unless otherwise ordered by the
arbitrator, during the pendency of a case, when a party is required or
permitted by these rules or by order of the arbitrator to do an act within a
prescribed period after the service of an order or pleading upon that party,
and the order or pleading is served by regular United States mail, five days
shall be added to the prescribed period. No additional time shall be added to
the prescribed period if service is made by hand, facsimile transmission, or
other electronic transmission. This provision does not apply to the filing of
the petition for recall arbitration which must be filed by the board within 5
business days of the board meeting on whether to certify the recall. In
addition, no additional time is added by operation of this rule for a motion
for rehearing that must be filed (e.g., received) by the division within 15
days of entry of a final order. No additional time is added by operation of
this rule for the filing of a motion for costs and attorney's fees that must be
filed (e.g., received) by the division within 30 days of entry of a final order
or final order on motion for rehearing.
Notes
Specific Authority 718.1255(4)(i), 718.112(2)(j)5., 720.303(10)(d), 720.306(9), 720.311(1) FS. Law Implemented 720.303(10), 720.306(9), 720.311(1) FS.
New 2-3-05.
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