Florida Statute 403.815 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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F.S. 403.815

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.

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Amendments to 403.815

Arrestable Offenses / Crimes under Fla. Stat. 403.815

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 403.815.

Annotations, Discussions, Cases:

Cases Citing Statute 403.815

Total Results: 4

Ago

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

Snippet: within the time prescribed by Sections120.60 and 403.815, and 403.0876, F.S., shall be deemed approved in

City of Labelle v. Bio-Med Services, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1992-05-06T00:00:00-07:00

Citation: 598 So. 2d 207, 1992 Fla. App. LEXIS 5075, 1992 WL 92417

Snippet: against section 403.815, Florida Statutes (1989), and that publication pursuant to section 403.815 is the exclusive… not agree with the City’s contention. Section 403.815 refers to, and must be read in conjunction with…notice.” We conclude that the purpose of section 403.815 is merely to amplify the notice provisions of section…conclude that the legislature in enacting section 403.815 intended to depart from the general rule that actual… FRANK and ALTENBERND, JJ., concur. . Section 403.815 reads as follows: Public notice; waiver of hearings

Rudloe v. DEPT. OF ENVIRONMENTAL REG.

Court: Fla. Dist. Ct. App. | Date Filed: 1987-12-16T23:53:00-08:00

Citation: 517 So. 2d 731

Snippet: sufficiency of the published notice of intent. Section 403.815, Florida Statutes, provides, in pertinent part,…proposed... . [2] Record p. 86: Pursuant to Section 403.815, Florida Statutes, and Florida Administrative Code

Reedy Creek Improvement District v. State Department of Environmental Regulation

Court: Fla. Dist. Ct. App. | Date Filed: 1984-02-09T00:00:00-08:00

Citation: 447 So. 2d 313, 1984 Fla. App. LEXIS 11671

Snippet: it appeared to be untimely pursuant to Section 403.815, Florida Statutes (1981). On the basis of Reedy