Fla. Admin. Code Ann. R. 40C-1.1008 - Timeframe for Providing Requested Information

(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 or 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 be administrately denial. 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 120.569, F.S., hearing pursuant to Chapter 28-106 and Rule 40C-1.1007, F.A.C., to dispute the necessity of the information required.

(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 or petitioner that the District intends to administratively deny the application or petition and that the applicant or petitioner may request referral of the application or petition to the Governing Board for final action. If an applicant or petitioner requests a referral within 21 days of receipt of written notice of a District decision, the application or petition shall be referred to the Governing Board for final action. Applications and petitions not referred to the Governing Board will be denied by staff issuance of a Final Order administratively denying the permit application or petition.

Notes

Fla. Admin. Code Ann. R. 40C-1.1008

Rulemaking Authority 120.54(5), 120.542, 373.044, 373.113, 373.421(2) FS. Law Implemented 120.54(5), 120.542, 120.60, 373.083(5), 373.118, 373.414(17), 373.421(2) FS.

New 8-4-98, Amended 1-11-99, 4-10-02, 6-1-18, Amended by Florida Register Volume 45, Number 132, July 9, 2019 effective 7/21/2019.

New 8-4-98, Amended 1-11-99, 4-10-02, 6-1-18, 7-21-19.