40C-1.1007. Point of Entry Into Proceedings

(1) For all District permitting decisions, the District shall publish, or inform a permit applicant that the applicant has the right or obligation to publish, written notice of a District decision in the Florida Administrative Register or a newspaper of general circulation as set forth in Chapter 50, F.S., in the county or counties affected by such decision or where the activity is proposed. In the case of a permitting decision where the District does not publish notice, the applicant may publish the notice on its own initiative.

(2)(a) “Receipt of written notice of a District decision” as set forth in Rule 28-106.111, F.A.C., means receipt of either written notice that the District intends to take or has taken final agency action, or publication of notice that the District intends to take or has taken final agency action.

(b) Receipt of written notice of a District decision shall be deemed to be either the fifth day after the date on which the written notice is deposited in the United States mail if actual notice is mailed to the petitioner, or the date that notice is published if actual notice is not mailed to the petitioner.

(3) When publication is made of the written notice of a District decision on a permitting matter, the notice, shall be prepared by the District and shall contain at 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;

(d) Scheduled date of Board action, if applicable;

(e) Notification of administrative hearing opportunity; and

(f) Notification of whether mediation under Section 120.573, F.S., is available as an alternative remedy.

(4) When the District requires a permit applicant to publish written notice of a District decision, or the permit applicant elects to do so, the applicant shall provide an affidavit of publication to the District within 7 days of publication.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.569, 373.413 FS. History–New 8-4-98, Amended 7-21-19, 8-29-23.