Florida Statutes

Fla. Stat. § 403.815 (2025)

Public notice; waiver of hearings.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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403.815 Public notice; waiver of hearings.—The department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of application for a permit submitted under this chapter or chapter 253. The notice of application shall be published within 14 days after the application is filed with the department. Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of proposed agency action on any permit application submitted under this chapter or chapter 253. The department shall require the applicant for a permit to construct or expand a solid waste facility to publish such notice. The notice of proposed agency action shall be published at least 14 days prior to final agency action. The 90-day time period specified in s. 120.60 shall be tolled by the request of the department for publication of notice of proposed agency action and shall resume 14 days after receipt by the department of proof of publication. However, if a petition is filed for a proceeding pursuant to ss. 120.569 and 120.57, the time periods and tolling provisions of s. 120.60 shall apply. The cost of publication of notice under this section shall be paid by the applicant. The secretary may, by rule, specify the format and size of such notice. Within 14 days after publication of notice of proposed agency action, any person whose substantial interests are affected may request a hearing in accordance with ss. 120.569 and 120.57. The failure to request a hearing within 14 days after publication of notice of proposed agency action constitutes a waiver of any right to a hearing on the application under ss. 120.569 and 120.57.

History.—s. 10, ch. 80-66; s. 13, ch. 82-27; s. 44, ch. 84-338; s. 48, ch. 87-225; s. 169, ch. 96-410.

Notes of Decisions

Cited in 4 cases, 1984–1992 · leading case: Rudloe v. Dept. of Env't Reg., 517 So. 2d 731 (Fla. 1st DCA 1987).

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Rudloe v. Dept. of Env't Reg., 517 So. 2d 731 (Fla. 1st DCA 1987). · cites it 4× “Section 403.815, Florida Statutes, provides, in pertinent part, as follows: *734 The department may .”

Reedy Creek Improvement Dist. v. State Dep't of Env't Reg., 447 So. 2d 313 (Fla. 1st DCA 1984). · cites it 2× “DER issued an order to show cause why the petition for formal hearing should not be dismissed since it appeared to be untimely pursuant to Section 403.815, Florida Statutes (1981).”

City of Labelle v. Bio-Med Servs., Inc., 598 So. 2d 207 (Fla. 2d DCA 1992). · cites it 7× “155 must be measured against section 403.815, Florida Statutes (1989), and that publication pursuant to section 403.”

Santa Fe Lake Dwellers Ass'n v. Dep't of Env't Reg., 19 Fla. Supp. 2d 209 (Fla. Div. Admin. Hr'g 1986). · cites it 4× “Section 403.815, Florida Statutes (1985) That rules elaborates on the statutory requirements by specifying that notice be published “in the legal ad section of a newspaper of general circulation in the county where the activity is proposed.”

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