40C-1.1008. Timeframe for Providing Requested Information  


Effective on Friday, June 01, 2018
  • 1(1) The applicant shall have 90 days from receipt of a request for additional information regarding a permit or license application, a petition for a formal determination of the landward extent of wetlands and other surface waters, or a petition for a variance or waiver undergoing review by the District to submit that information to the District. If an applicant or petitioner requires more than 90 days in which to complete an application or petition, the applicant 78or petitioner may notify the District in writing of the circumstances and for good cause shown, the application or petition shall be held in active status for additional periods commensurate with the good cause shown. As used herein, good cause means a demonstration that the applicant or petitioner is diligently acquiring the requested information, and that the additional time period requested is both reasonable and necessary to supply the information. The Executive Director, the Director of the Division of Regulatory Services, the Chief of the Bureau of Environmental Resource Regulation, the Chief of the Bureau of Water Use Regulation, and any 179Regulatory Coordinator 181are authorized to make a determination that such good cause has been provided. Any application or petition which has not been completed by the applicant or petitioner within the given time period following a request for additional information by the District shall 223be administrately denial226. The requested information or written request showing good cause for additional time may be submitted to the District at any time prior to the denial of the application or petition. Denial of an application or petition due to failure to submit requested additional information shall be an administrative denial without prejudice to the applicant’s or petitioner’s right to file a new application or petition. The applicant or petitioner may request a section 299120.569, F.S., 301hearing pursuant to chapter 28-106, F.A.C. and rule 30940C-1.1007, 310F.A.C., to dispute the necessity of the information required.

    319(2) If requested information is not submitted to the District within the time limits set forth in subsection (1), above, the District shall provide notice to the applicant 347or petitioner 349that the District intends to 354administratively 355deny the application 358or petition 360and that the applicant 364or petitioner 366may request referral of the application 372or petition 374to the Governing Board for final action. If an applicant 384or petitioner 386requests a referral within 21 days of receipt of written notice of a District decision, the application 403or petition shall 406be referred to the Governing Board for final action. Applications and 417petitions 418not referred to the Governing Board will be denied by staff issuance of a Final Order 434administratively 435denying the permit application 439or petition441.

    442Rulemaking Authority 444120.54(5), 445120.542, 446373.044, 447373.113, 448373.421(2) FS. 450Law Implemented 452120.54(5), 453120.542, 454120.60, 455373.083(5), 456373.118, 457373.414(17), 458373.421(2) FS. 460History–New 8-4-98, Amended 1-11-99, 4-10-02, 6-1-18.