Fla. Admin. Code Ann. R. 62C-16.0045 - Variances
(1) All applications for a variance, pursuant
to Section 378.212, F.S., shall be in
accordance with these rules. The Department shall review the application within
a reasonable period of time and, if the Department determines the application
to be incomplete, the applicant shall be afforded an opportunity to supply
additional information before the Department evaluates the merits of the
application. The applicant shall address the following factors in the
application:
(a) The statute or rule from
which a variance is sought.
(b) The
facts which show that a variance should be granted because of one of the
reasons set forth in Sections
378.212(1)(a)-(g),
F.S.
(c) The period of time for
which the variance is sought, including the reasons and facts in support of the
time limit.
(d) The requirements
which can be met by the applicant, including the date or time when the
requirements can be met.
(e) The
steps or measures the applicant is taking or has taken to meet the requirements
of the rule or statute from which the variance is requested.
(f) The social, economic, and environmental
impacts on the applicant and residents of the area and the state, if the
variance is granted.
(g) The
social, economic, and environmental impacts on the applicant and residents of
the area and the state, if the variance is denied.
(2) Renewals of variances shall be applied
for in the same manner as for the initial variance.
(3) Variances may be issued for the life of
the facility, or such shorter period of time as may be appropriate. Variances
issued for more than five years shall be reviewed by the Secretary at least
every five years to assure that the factors justifying the issuance of the
variance have not changed so as to make the variance unnecessary. Any order
granting a variance for more than five years shall require the operator to
submit, at least once every five years, the information necessary to allow the
Secretary to conduct this review.
(4) The action taken by the Secretary shall
be proposed agency action and notice of the action shall be published by the
Department in accordance with Section
378.212, F.S. The notice shall
contain the following:
(a) Name of the
applicant, brief description of the variance requested, and its
location.
(b) Location of the
application and its availability.
(c) Statement of the proposed
action.
(d) Notification of an
administrative hearing opportunity and time limitations.
(5) If no request for an administrative
hearing is received by the Department within 14 days from the date of
publication of the notice, the action taken by the Secretary shall be final
agency action.
Notes
Rulemaking Authority 378.205 FS. Law Implemented 378.212 FS.
New 2-22-87, Formerly 16C-16.004, Amended 5-28-06.
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