SMITH v. FISH AND WILDLIFE CONSERVATION COMMISSION (2021)

District Court of Appeal of Florida, First District.

Kyna SMITH, Appellant, v. FISH AND WILDLIFE CONSERVATION COMMISSION, Appellee.

No. 1D21-534

Decided: November 24, 2021

Wyndel G. Darville, Sarasota, for Appellant. Emily Norton and Brandy Elaine Elliott, Florida Fish and Wildlife Conversation Commission, Tallahassee, for Appellee.

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.

Per Curiam.

Ray, Osterhaus, and Nordby, JJ., concur.

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