40C-1.1008. Timeframe for Providing Requested Information  

Effective on Sunday, July 21, 2019
  • 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, or his or her designee, is 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 198be administrately denial201. 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 274120.569, F.S., 276hearing pursuant to chapter 28-106 and rule 28340C-1.1007, 284F.A.C., to dispute the necessity of the information required.

    293(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 321or petitioner 323that the District intends to 328administratively 329deny the application 332or petition 334and that the applicant 338or petitioner 340may request referral of the application 346or petition 348to the Governing Board for final action. If an applicant 358or petitioner 360requests a referral within 21 days of receipt of written notice of a District decision, the application 377or petition shall 380be referred to the Governing Board for final action. Applications and 391petitions 392not referred to the Governing Board will be denied by staff issuance of a Final Order 408administratively 409denying the permit application 413or petition415.

    416Rulemaking Authority 418120.54(5), 419120.542, 420373.044, 421373.113, 422373.421(2) FS. 424Law Implemented 426120.54(5), 427120.542, 428120.60, 429373.083(5), 430373.118, 431373.414(17), 432373.421(2) FS. 434History–New 8-4-98, Amended 1-11-99, 4-10-02, 6-1-18, 7-21-19.