Florida Regulations 40E-0.109: Point of Entry Into Proceedings and Mediation
Current as of: 2024 | Check for updates
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Point of entry into proceedings determining substantial interests are governed by Fl. Admin. Code R. 28-106.111, and this section.
(1)(a) “”Receipt of written notice of agency decision”” as set forth in Fl. Admin. Code R. 28-106.111, means receipt of either written notice through regular United States mail, or electronic mail, or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action.
(b) If notice is published pursuant to this chapter, publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received.
(2) If the District takes action which substantially differs from the notice of intended agency decision, the applicant or persons who may be substantially affected shall have an additional point of entry pursuant to Fl. Admin. Code R. 28-106.111, unless otherwise provided by law. The District action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed.
(3) Notwithstanding Fl. Admin. Code R. 28-106.111, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Florida Statutes § 373.427, shall provide a 14 day point of entry to file petitions for administrative hearing under Fl. Admin. Code R. 28-106.111
Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.079, 373.083, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History-New 7-2-98, Amended 6-12-00, 3-22-09, 10-23-12.
(b) If notice is published pursuant to this chapter, publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received.
(2) If the District takes action which substantially differs from the notice of intended agency decision, the applicant or persons who may be substantially affected shall have an additional point of entry pursuant to Fl. Admin. Code R. 28-106.111, unless otherwise provided by law. The District action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed.
(3) Notwithstanding Fl. Admin. Code R. 28-106.111, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Florida Statutes § 373.427, shall provide a 14 day point of entry to file petitions for administrative hearing under Fl. Admin. Code R. 28-106.111
Rulemaking Authority 120.54(5), 373.044, 373.113 FS. Law Implemented 120.54(5), 120.569, 120.57, 120.60, 373.079, 373.083, 373.146, 373.413, 373.427, 668.003, 668.004, 668.50 FS. History-New 7-2-98, Amended 6-12-00, 3-22-09, 10-23-12.