The 2023 Florida Statutes (including Special Session C)

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.

F.S. 403.815 on Google Scholar

F.S. 403.815 on Casetext

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 from cite.case.law:

CITY OF LaBELLE, v. BIO- MED SERVICES, INC., 598 So. 2d 207 (Fla. Dist. Ct. App. 1992)

. . . The City’s argument is that the validity of rule 17-103.155 must be measured against section 403.815, . . . Florida Statutes (1989), and that publication pursuant to section 403.815 is the exclusive means of . . . We conclude that the purpose of section 403.815 is merely to amplify the notice provisions of section . . . We see no reason to conclude that the legislature in enacting section 403.815 intended to depart from . . . Section 403.815 reads as follows: Public notice; waiver of hearings. . . .

RUDLOE v. FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION, 517 So. 2d 731 (Fla. Dist. Ct. App. 1987)

. . . Section 403.815, Florida Statutes, provides, in pertinent part, as follows: The department may ... by . . . Record p. 86: Pursuant to Section 403.815, Florida Statutes, and Florida Administrative Code Rule 17- . . .

SANTA FE LAKE DWELLERS ASSOCIATION, v. DEPARTMENT OF ENVIRONMENTAL REGULATION SANTA FE PASS, INC., 19 Fla. Supp. 2d 209 (Fla. Div. Admin. Hearings 1986)

. . . October 16, 1985, DER advised SFP: Florida Administrative Code Rule 17-103.150 and Florida Statute 403.815 . . . Section 403.815, Florida Statutes (1985) That rules elaborates on the statutory requirements by specifying . . . statutory requirement is that publication occur in a newspaper circulated “in the area affected,” Section 403.815 . . .

REEDY CREEK IMPROVEMENT DISTRICT, v. STATE DEPARTMENT OF ENVIRONMENTAL REGULATION, 447 So. 2d 313 (Fla. Dist. Ct. App. 1984)

. . . petition for formal hearing should not be dismissed since it appeared to be untimely pursuant to Section 403.815 . . .