Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40C - St. Johns River Water Management District › Chapter 40C-1 - ORGANIZATION AND PROCEDURE › Part X - EXCEPTIONS FROOM UNIFORM RULES OF PROCEDURE › Subpart D - Licensing › Section 40C-1.1008 - Timeframe for Providing Requested Information

Current through Reg. 50, No. 138; July 16, 2024
(1) The applicant shall have 90 days from
					 receipt of a request for additional information regarding a permit or license
					 application, a petition for a formal determination of the landward extent of
					 wetlands and other surface waters, or a petition for a variance or waiver
					 undergoing review by the District to submit that information to the District.
					 If an applicant or petitioner requires more than 90 days in which to complete
					 an application or petition, the applicant or petitioner may notify the District
					 in writing of the circumstances and for good cause shown, the application or
					 petition shall be held in active status for additional periods commensurate
					 with the good cause shown. As used herein, good cause means a demonstration
					 that the applicant or petitioner is diligently acquiring the requested
					 information, and that the additional time period requested is both reasonable
					 and necessary to supply the information. The Executive Director, or his or her
					 designee, is authorized to make a determination that such good cause has been
					 provided. Any application or petition which has not been completed by the
					 applicant or petitioner within the given time period following a request for
					 additional information by the District shall be administrately denial. The
					 requested information or written request showing good cause for additional time
					 may be submitted to the District at any time prior to the denial of the
					 application or petition. Denial of an application or petition due to failure to
					 submit requested additional information shall be an administrative denial
					 without prejudice to the applicant's or petitioner's right to file a new
					 application or petition. The applicant or petitioner may request a section
					  120.569, F.S., hearing pursuant
					 to Chapter 28-106 and Rule
					  40C-1.1007, F.A.C., to dispute
					 the necessity of the information required.
(2) If requested information is not submitted
					 to the District within the time limits set forth in subsection (1), above, the
					 District shall provide notice to the applicant or petitioner that the District
					 intends to administratively deny the application or petition and that the
					 applicant or petitioner may request referral of the application or petition to
					 the Governing Board for final action. If an applicant or petitioner requests a
					 referral within 21 days of receipt of written notice of a District decision,
					 the application or petition shall be referred to the Governing Board for final
					 action. Applications and petitions not referred to the Governing Board will be
					 denied by staff issuance of a Final Order administratively denying the permit
					 application or petition.
Rulemaking Authority
						   120.54(5),
						   120.542,
						  373.044,
						  373.113,
						  373.421(2) FS.
						  Law Implemented 120.54(5),
						  120.542,
						   120.60,
						   373.083(5),
						   373.118,
						   373.414(17),
						   373.421(2) 
						  FS.
New 8-4-98, Amended 1-11-99, 4-10-02, 6-1-18,
						  7-21-19.