Florida Statutes

Fla. Stat. § 403.201 (2025)

Variances.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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403.201 Variances.—

(1) Upon application, the department in its discretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant hereto. Variances and renewals thereof may be granted for any one of the following reasons:

(a) There is no practicable means known or available for the adequate control of the pollution involved.

(b) Compliance with the particular requirement or requirements from which a variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time. A variance granted for this reason shall prescribe a timetable for the taking of the measures required.

(c) To relieve or prevent hardship of a kind other than those provided for in paragraphs (a) and (b). Variances and renewals thereof granted under authority of this paragraph shall each be limited to a period of 24 months, except that variances granted pursuant to part II may extend for the life of the permit or certification.

(2) A variance may not be granted from any provision or requirement concerning discharges of waste into waters of the state or hazardous waste management which would result in the provision or requirement being less stringent than a comparable federal provision or requirement, except as provided in s. 403.70715. However, this subsection does not prohibit the issuance of moderating provisions or requirements under state law, subject to any necessary approval by the United States Environmental Protection Agency.

(3) The department shall publish notice, or shall require a petitioner for a variance to publish notice, in the Florida Administrative Register and in a newspaper of general circulation in the area affected, of proposed agency action; and the department shall afford interested persons an opportunity for a hearing on each application for a variance. If no request for hearing is filed with the department within 14 days of published notice, the department may proceed to final agency action without a hearing.

(4) The department may require by rule a processing fee for and may prescribe such time limits and other conditions to the granting of a variance as it deems appropriate.

History.—s. 21, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 74-170; s. 14, ch. 78-95; s. 7, ch. 82-27; s. 21, ch. 86-186; s. 78, ch. 93-213; s. 106, ch. 2008-4; s. 41, ch. 2013-14; s. 5, ch. 2016-130.

Notes of Decisions

Cited in 3 cases, 1981–1988 · leading case: Florida Power & Light Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency & U. S. Env't Prot. Agency, 650 F.2d 579 (5th Cir. 1981).

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Florida Power & Light Co. v. Douglas M. Costle, as Adm'r, Env't Prot. Agency & U. S. Env't Prot. Agency, 650 F.2d 579 (5th Cir. 1981). “Fla.Stat.Ann. § 403.201 (West). After compliance with all procedural prerequisites, Florida’s Department of Environmental Regulation responded to Florida Power & Light’s request with an order dated August 28, 1979 (Order I).”

Jt. Ventures, Inc. v. Dept. of Transp., 519 So. 2d 1069 (Fla. 1st DCA 1988). · cites it 2× “031(14), be read in pari materia with other pertinent provisions of statutes relating to the issuance of development permits; including Section 403.201, Florida Statutes, allowing DER to grant variances under the conditions stated in the statute; section 403.”

Getty Oil Co. v. State, Dep't of Nat. Resources, 419 So. 2d 700 (Fla. 1st DCA 1982). · cites it 2× “As required by Subsection 403.201(2), Florida Statutes, a hearing was held on the application for variance.”

— 403.201(2) — 1 case

Getty Oil Co. v. State, Dep't of Nat. Resources, 419 So. 2d 700 (Fla. 1st DCA 1982). “As required by Subsection 403.201(2), Florida Statutes, a hearing was held on the application for variance.”

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