40A-1.203. Permit Application Procedure

(1) Procedures for permit applications shall be in accordance with Chapter 120, F.S., and this chapter.

(2) For an agricultural or forestry surface water management permit pursuant to paragraphs 40A-44.041(2)(b) or (c), F.A.C., or an Individual Water Use Permit pursuant to Rule 40A-2.041, F.A.C., the District shall cause a notice thereof to be published in a newspaper having general circulation as defined in Chapter 50, F.S. or by any other manner allowed by Statute. In addition, the District shall provide a copy of the notice to any person who has filed a written request for notification of any pending applications affecting the particular designated area. Interested persons may object to or comment upon the proposed permit in writing by the date specified in the notice. The District will request persons submitting objections or comments to furnish additional information if substantiation or clarification is required. The District will provide the applicant with a copy of all objections and comments received.

(3) Publication of the notice of application pursuant to subsection (2) shall constitute constructive notice of the permit application to all substantially affected persons. Persons who wish to receive a Notice of Proposed Agency Action and the staff report regarding a permit application must file a request with the District by the date specified in the notice. Notices of Proposed Agency Action will be mailed only to persons who have filed such requests. Failure to timely request an administrative hearing pursuant to the directions contained in the Notice of Proposed Agency Action constitutes a waiver of the right to an administrative hearing on the application.

(4) Within 30 days after receipt of an application, the District shall notify the applicant if the application is incomplete and request the additional information required to make the application complete. The applicant shall have 90 days after the District mails a timely request for additional information to submit that information to the District. If an applicant requires more than 90 days in which to complete an application, the applicant may notify the District in writing of the circumstances and for good cause shown, the application shall be held in active status for one additional period of up to 90 days. Unless both the applicant and the District agree to further extensions, any application which has not been completed by the applicant within the given time period following a request for additional information by the District shall be recommended for denial at the next regularly scheduled Board meeting. For the purpose of this paragraph, good cause shall mean unforeseen circumstances outside of the control of the applicant. Denial of an application for lack of completeness is without prejudice to the applicant’s right to file a new application on the same subject matter within 180 days without payment of an additional application fee.

(5) If additional information submitted to the District incorporates or results in material changes in the proposed activity for which the applicant seeks a permit, the application will be considered to have been amended and the proposal contained in the original application will be deemed withdrawn. The District shall have 60 days from the date of receipt of the additional information in which to approve or deny the amended application and such application shall be subject to review for completeness under subsection (4) above.

(6) The District shall notify the applicant of the date on which the application is declared complete. Within a reasonable time thereafter, the District shall prepare a staff report, which shall contain its recommendations regarding the subject application. A Notice of Proposed Agency Action and the staff report shall be furnished to the applicant and to those persons who have filed written requests pursuant to subsection (2). The Notice shall state the District’s intention to recommend that the Board or its designee approve, approve with conditions, or deny the permit application and shall specify a date for filing a petition for administrative hearing which shall be not less than 21 days after the date of mailing of the Notice of Proposed Agency Action. Substantially affected persons shall have the right to request an administrative hearing under Section 120.569, F.S., and these rules by filing a petition for administrative hearing with the Agency Clerk by the date specified in the Notice of Proposed Agency Action.

(7) A petition for administrative hearing shall be deemed filed with the District on the date of receipt by the Agency Clerk and must be in substantial compliance with the provisions of Uniform Rules of Procedures. Failure to timely request an administrative hearing shall constitute a waiver of the right to an administrative hearing pursuant to Section 120.569, F.S.

(8) The District shall review the sufficiency of each petition for administrative hearing filed and provide a Statement of Compliance of the petition with the requirements of the Uniform Rules of Procedure to the Board and the petitioner.

(9) The Board shall consider the permit application on the date indicated in the Notice of Proposed Agency action. The permit applicant and other interested parties may appear before the Board to present informal argument in favor of or against the proposed agency action. Appearance before the Board pursuant to this subsection shall not provide a basis for appealing the decision of the Board pursuant to Chapter 120, F.S.

(10) The Board may approve, reject or modify the proposed agency action, which shallconstitute final agency action, except in those instances when a valid petition for administrative hearing has been timely filed. In such instances, if the dispute is not resolved at the Board meeting to the satisfaction of the petitioner, the Board shall defer final consideration of the matter pending the completion of the administrative hearing and the submission of a recommended order and exceptions to that order.

(11) Applicants and other interested parties not objecting to the Notice of Proposed Agency Action should nevertheless be prepared to defend their positions regarding the permit application when it is considered by the Board for final agency action. In the event the Board takes final agency action which differs materially from the proposed agency action, the District shall mail a Notice of Final Agency Action to all persons who received a Notice of Proposed Agency Action. Substantially affected persons who did not request an administrative hearing based upon the Notice of Proposed Agency Action shall have the right to request such a hearing on the final agency action under Section 120.57, F.S., and these rules in accordance with subsection (7).

(12) Applicants entitled to a hearing pursuant to Section 120.57(1), F.S., may waive their right to such a hearing and request an informal hearing before the Board pursuant to Section 120.57(2), F.S., which may be granted at the option of the District.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.60 FS. History–New 10-1-84, Amended 1-5-86, 7-1-98, 3-2-00, 8-6-13, 4-15-14, 4-7-15.