Current through Reg. 50, No. 187; September 24, 2024
(1)
For all District permitting decisions under Part II and Part IV of Chapter 373,
F.S., and decision on petitions for formal determination of wetlands or other
surface waters, the District shall require an applicant to publish, or inform
an applicant that the applicant has the right to publish, written notice of a
District decision in a newspaper of general circulation as set forth in Chapter
50, F.S., in the county or counties where the activity is proposed.
(2)
(a)
"Written notice" as set forth in Rule
28-106.111, F.A.C., means either
receipt of actual written notice that the District has taken or intends to take
final agency action, or publication of notice that the District has taken or
intends to take final agency action. If final agency action materially differs
from a written notice of the District's intended action, persons who may be
substantially affected shall have an additional 21 days, or for a notice of
consolidated intent an additional 14 days, from the date of receipt or
publication of notice of such action to request an administrative hearing. Such
requests for an administrative hearing shall only address those aspects of the
agency action which differ from the proposed agency action.
(b) Receipt of written notice of a District
decision shall be deemed to be the fifth day after the date on which the
written notice is deposited in the United States mail if actual notice is
mailed, the date that the notice is sent if actual notice is issued by
electronic mail, or the date that notice is published if actual notice is not
issued to the persons who may be substantially affected. If the date of
publication of a notice of District decision precedes the date that actual
notice is received, the applicable 21-day or 14-day period in which to request
an administrative hearing will be determined from the date that notice of
District decision was published.
(3) When publication is made or notice is
issued of a District decision on a permitting matter, the notice shall contain
as a minimum:
(a) Name of applicant and a
brief description of the proposed activity and its location;
(b) Location of the application and its
availability;
(c) Statement of the
District's intended action and basis for the issuance or denial except when
issuance is a ministerial act;
(d)
Scheduled date of Board action, if such action is necessary;
(e) Notification of administrative hearing
opportunity or right to judicial review, the procedures which must be followed
and applicable time limits; and
(f)
Notification of whether mediation under Section
120.573, F.S., is available as
an alternative remedy.
(4) When an applicant publishes written
notice of a District decision, the applicant shall provide an affidavit of
publication to the District within 14 days of publication.
(5) For notices of agency action on a
consolidated application for an environmental resource permit and use of
state-owned lands concurrently reviewed by the District pursuant to Section
373.427, F.S., any petition for
an administrative hearing pursuant to Sections
120.569 and
120.57, F.S., must be filed
within 14 days of receipt of written notice of consolidated intent to issue or
deny a permit.
Rulemaking Authority
120.54(5),
373.044,
373.113 FS. Law Implemented
120.54(5),
120.60,
253.115,
373.079(4)(a),
373.083(5),
373.216,
373.219,
373.308,
373.309,
373.323,
373.413,
373.4136,
373.414,
373.416,
373.418,
373.421,
373.426,
373.427
FS.
New 4-8-15.
