40D-1.1010. Point of Entry into Proceedings  


Effective on Wednesday, January 10, 2024
  • 1(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.

    79(2)(a) “Written notice” as set forth in Rule 8728-106.111, 88F.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.

    124(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.

    242(3) When publication is made or notice is issued of a District decision on a permitting matter, the notice shall contain as a minimum:

    266(a) Name of applicant and a brief description of the proposed activity and its location;

    281(b) Location of the application and its availability;

    289(c) Statement of the District’s intended action and basis for the issuance or denial except when issuance is a ministerial act;

    310(d) Scheduled date of Board action, if such action is necessary;

    321(e) Notification of administrative hearing opportunity or right to judicial review, the procedures which must be followed and applicable time limits; and

    343(f) Notification of whether mediation under Section 350120.573, F.S., 352is available as an alternative remedy.

    358(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.

    385(5) For notices of agency action on a consolidated application for an ERP and use of state-owned lands concurrently reviewed by the District pursuant to Section 411373.427, F.S., 413any petition for an administrative hearing pursuant to Sections 422120.569 423and 424120.57, F.S., 426must be filed within 14 days of receipt of written notice of consolidated intent to issue or deny a permit.

    446Rulemaking Authority 448120.54(5), 449373.044, 450373.113 FS. 452Law Implemented 454120.54(5), 455120.60, 456253.115, 457373.079(4)(a), 458373.083(5), 459373.216, 460373.219, 461373.308, 462373.309, 463373.323, 464373.413, 465373.4136, 466373.414, 467373.416, 468373.418, 469373.421, 470373.426, 471373.427 FS. 473History–New 7-2-98, Amended 11-2-08, 11-2-09, 3-22-12, 6-29-14, 1-10-24.