Fla. Admin. Code Ann. R. 40E-1.6065 - Consideration of Intended Agency Decision on Permit Applications

(1) After the application for a permit is declared by staff to be complete, the District shall prepare a Staff Review Summary, which shall contain its recommendations regarding the subject application and which shall constitute intended agency decision. A notice of intended agency decision together with the Staff Review Summary shall be furnished to the applicant and any persons requesting the same pursuant to Rule 40E-1.6058, F.A.C., as applicable. The notice shall state the District Staff's recommendation that the District approve, deny, or approve with conditions the permit application and the reasons therefore.

(2) The District shall consider the application for a standard right of way occupancy permit at its next regularly scheduled Governing Board meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S. If staff's recommendation is for denial, the District shall consider the application at its next available regularly scheduled Governing Board meeting following the mailing or electronic mailing of notice of intended agency decision, unless an administrative hearing is requested and granted pursuant to Section 120.569, F.S.

(3) In no case shall agency action be taken later than 60 days after the application for a conceptual approval or individual environmental resource permit, or later than 90 days after an individual water use, water well, right of way occupancy, or works of the district permit is declared complete unless waived by the applicant or stayed by the filing of a petition for an administrative hearing. The permit applicant may voluntarily waive the timeline for governing action on the permit application in Section 120.60, F.S., in order to resolve any outstanding issues, including third party objections, regarding the project.

(4) Because the District may take a final agency action which materially differs from the noticed intended agency action, applicants and other interested persons should be prepared to defend their position regarding the permit application when it is considered by the District. If the District takes final agency action which materially differs from the intended agency decision, the District shall mail by regular United States mail or electronic mail a notice of the final agency action to all persons who were notified of the intended agency decision.

Notes

Fla. Admin. Code Ann. R. 40E-1.6065

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 120.60, 373.079, 373.083, 373.4141 FS.

New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12, 10-1-13, Amended by Florida Register Volume 40, Number 127, July 1, 2014 effective 7/14/2014.

New 7-2-98, Amended 6-12-00, 10-1-06, 10-23-12, 10-1-13, 7-14-14.