DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Air Resource Management
RULE NO.RULE TITLE
62-17.281Newspaper Notice
Notice is hereby given that the following changes have been made to the proposed rule in accordance with Section 120.54(3)(d)1., F.S., published in Vol. 43, No. 86, (May 3, 2017), issue of the Florida Administrative Register. Based on written materials from the Joint Administrative Procedures Committee received by the department within the 21 days of the notice of proposed rule the department is making changes to the proposed rule. The templates incorporated in this rule have been retitled to reflect the correct title of the template within the rule. The language on each template has been reorganized into a clearer and more identifiable form, including the template’s title on the top of the page and clearer instructions for its use in newspaper notices. Language changes also incorporate the Joint Administrative Procedures Committee’s comments. These edits are to make the rule and its templates easier to find, use, and understand. The following templates have been amended DEP 62.17-281(1) through (11).
62-17.281 Newspaper Notice.
(1) The applicant shall provide and publish newspaper notices as required by, and in accordance with, Section 403.5115, F.S., using the templates and procedures listed below. Templates may be obtained from the Department of Envirionmental Protection, Siting Coordination Office, or at the hyperlinks provided below. The map required under Section 403.5115(2), F.S., should occupy approximately one-quarter of the notice space. The content of any notice shall be approved by the Department and may differ from the content in this rule so long as the deviation does not materially and substantially alter the substance of such notice. All notice headings shall be in bold letters not less than three-eighths (3/8) inches high.
(a) Notice of the Ffiling of a Notice of Intent to File an Application, DEP Template 62-17.281(1), effective ________, adopted and incorporated herein and available at (link). This notice shall be published within 21 days after the filing of the notice with the Department.
(b) No change.
(c) Notice of Filing of Application, DEP Template 62-17.281(3), effective ______, adopted and incorporated herein and available at (link). The notice shall bear the heading “Notice of Filing of Application for Electrical Power Plant Site Certification” and be published within 21 days after the filing of the application with the Department.
(d) Notice of Land Use Consistency Determination, DEP Template 62-17.281(4), effective __________, adopted and incorporated herein and available at (link). The notice shall bear the heading "Notice of Land Use Consistency Determination on Electrical Power Plant Site” (and “Associated Facilities,”, if applicable) and be published within 21 days after the deadline for filing of the determination.
(e) Notice of Land Use Hearing Before the Administrative Law Judge, DEP Template 62-17.281(5), effective _____________, adopted and incorporated herein and available at (link). This notice shall be published at least 15 days before hearing on land use and zoning issues, and shall bear the heading “Notice of Land Use Hearing on Proposed Power Plant Facility.”
(f) Notice of Certification Hearing, DEP Template 62-17.281(6), effective _______, adopted and incorporated herein and available at (link). This notice shall be published at least 65 days before scheduled certification hearing, and shall bear the heading, “Notice of Certification Hearing on an Application to Construct and Operate an Electrical Power Plant on a Site to be located near ______, Florida.”
(g) No change.
(h) Modifications Notices.
1. Notice of Request for Modification of the Certification, DEP Template 62-17.281(8), effective _____________, adopted and incorporated herein and available at (link). If required by the Department, the applicant shall publish this notice within 21 days after the filing of a request for modification.
2. Notice of Modification Hearing for Modification of the Certification, DEP Template 62-17.281(9), effective _____________, adopted and incorporated herein and available at (link).
(i) Notices for a Supplemental Application.
1. Notice of Filing of a Supplemental Application, DEP Template 62-17.281(10), effective _____________, adopted and incorporated herein and available at (link). The notice shall bear the heading, “Notice of Application for Construction and Operation of an Addition to the Power Plant Facility Located Near ________, Florida. The applicant shall be published this notice within 21 days after filing of the notice with the Department.
2. Notice of Certification Hearing for a Supplemental Application, DEP Template 62-17.281(11), effective ______, adopted and incorporated herein and available at (link). The notice of certification hearing for a supplemental application shall be titled as such and be substantially the same as required in paragraph (f) above, with text approved by the department. This notice shall be published at least 65 days before any scheduled certification hearing.
(j) No change.
(2) No change.
Rulemaking Authority 403.504, 403.517 FS. Law Implemented 403.504, 403.5063, 403.507, 403.5115, 403.516, 403.517, 403.5175 FS. History–New 2-1-99, 2-13-08,___________.
