Florida Statute 403.0876 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.0876

403.0876 Permits; processing.—

(1) Within 30 days after receipt of an application for a permit under this chapter, the department shall review the application and shall request submittal of all additional information the department is permitted by law to require. If the applicant believes any departmental request for additional information is not authorized by law or departmental rule, the applicant may request a hearing pursuant to ss. 120.569 and 120.57. Within 30 days after receipt of such additional information, the department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the department for such additional information is not authorized by law or departmental rule, the department, at the applicant’s request, shall proceed to process the permit application.

(2)(a) A permit shall be approved or denied within 90 days after receipt of the original application, the last item of timely requested additional material, or the applicant’s written request to begin processing the permit application.

(b) The failure of the department to approve or deny a permit for an underground injection well, within the 90-day time period shall not result in the automatic approval or denial of the permit and shall not prevent the inclusion of specific permit conditions which are necessary to ensure compliance with applicable statutes and rules. If the department fails to approve or deny such a permit within the 90-day period, the applicant may petition for a writ of mandamus to compel the department to act consistently with applicable regulatory requirements.

(c) The failure of the department to approve or deny an application for an operation permit for a major source of air pollution, as defined in s. 403.0872, within the 90-day time period shall not result in the automatic approval or denial of the permit and shall not prevent the inclusion of specific permit conditions which are necessary to ensure compliance with applicable statutes and rules. If the department fails to approve or deny an operation permit for a major source of air pollution within the 90-day period specified in s. 403.0872, the applicant or a party who participated in the public comment process may petition for a writ of mandamus to compel the department to act.

(d) Permits issued pursuant to s. 403.088 or s. 403.0885 shall be processed in accordance with s. 403.0885(3).

(3)(a) The department shall establish a special unit for permit coordination and processing to provide expeditious processing of department permits which the district offices are unable to process expeditiously and to provide accelerated processing of certain permits or renewals for economic and operating stability. The ability of the department to process applications under this subsection in a more timely manner than allowed by subsections (1) and (2) is dependent upon the timely exchange of information between the applicant and the department and the intervention of outside parties as allowed by law. An applicant may request the processing of its permit application by the special unit if the application is from an area of high unemployment or low per capita income, is from a business or industry that is the primary employer within an area’s labor market, or is in an industry with respect to which the complexities involved in the review of the application require special skills uniquely available in the headquarters office. The department may require the applicant to waive the 90-day time limitation for department issuance or denial of the permit once for a period not to exceed 90 days. The department may require a special fee to cover the direct cost of processing special applications in addition to normal permit fees and costs. The special fee may not exceed $10,000 per permit required. Applications for renewal permits, but not applications for initial permits, required for facilities pursuant to the Electrical Power Plant Siting Act or the Florida Electric Transmission Line Siting Act may be processed under this subsection. Personnel staffing the special unit shall have lengthy experience in permit processing.

(b) At the applicant’s discretion and notwithstanding any other provisions of chapter 120, a permit processed under this subsection is subject to an expedited administrative hearing pursuant to ss. 120.569 and 120.57. To request such hearing, the applicant must notify the Division of Administrative Hearings, the department, and all other parties in writing within 15 days after his or her receipt of notice of assignment of an administrative law judge from the division. The division shall conduct a hearing within 45 days after receipt of the request for such expedited hearing.

History.—s. 2, ch. 80-66; s. 25, ch. 84-338; s. 13, ch. 86-186; s. 14, ch. 88-393; s. 6, ch. 92-132; s. 4, ch. 93-94; s. 73, ch. 93-213; s. 364, ch. 94-356; s. 131, ch. 96-410; s. 1006, ch. 97-103; s. 69, ch. 2006-230.

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Amendments to 403.0876

Arrestable Offenses / Crimes under Fla. Stat. 403.0876

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.0876.

Annotations, Discussions, Cases:

Cases Citing Statute 403.0876

Total Results: 7

Tuten v. STATE DEP

Court: Fla. Dist. Ct. App. | Date Filed: 2005-07-20T00:53:00-07:00

Citation: 906 So. 2d 1202

Snippet: court held that pursuant to sections 120.60(1) and 403.0876, Florida Statutes (2000), DEP must issue a default

Tuten v. State, Department of Environmental Protection

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-15T00:00:00-07:00

Citation: 819 So. 2d 187, 2002 Fla. App. LEXIS 6612, 2002 WL 985488

Snippet: ninety day time limit under sections 120.60(1) and 403.0876, Florida Statutes,(2000). On December 12th, the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-04-08T00:53:00-07:00

Snippet: processing time requirements of Sections 120.60(2) and 403.0876, F.S., shall begin. (d) If the applicant does … prescribed by Sections120.60 and 403.815, and 403.0876, F.S., shall be deemed approved in accordance

State v. Avatar Development Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-07-16T00:53:00-07:00

Citation: 697 So. 2d 561

Snippet: applicable law. Fla. Stat. § 403.031(7). Section 403.0876(2)(b) provides that, in processing permit applications

Fonte v. STATE, DEPT. OF ENV. REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1994-02-22T23:53:00-08:00

Citation: 634 So. 2d 663

Snippet: default permit by operation of sections 120.60 and 403.0876(2), Florida Statutes (1991). The hearing officer

Manasota-88, Inc. v. Agrico Chemical Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1991-02-27T00:00:00-08:00

Citation: 576 So. 2d 781, 1991 Fla. App. LEXIS 1567, 1991 WL 24861

Snippet: under the provisions of sections 120.60(2) and 403.0876(2)(a), Florida Statutes (1989). Agrico argues

Doheny v. Grove Isle, LTD.

Court: Fla. Dist. Ct. App. | Date Filed: 1983-12-07T23:53:00-08:00

Citation: 442 So. 2d 966

Snippet: agency, by virtue of the provisions of Section 403.0876, Florida Statutes,[3] to request *973 from Grove…and Water Pollution Control Act." Section 403.0876 thereof, which is set forth in footnote 3, supra…Grove Isle relies upon that portion of Section 403.0876 which provides: Within 30 days after receipt of…clearly in the public interest. Under both Sections 403.0876 and 120.60(2), the responsibility of providing…Isle "clarify" its position. Section 403.0876 also provides that where the applicant believes