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The Florida Senate

1998 Florida Statutes

403.957  Application process.--

(1)  The process for project site certification is commenced by the filing by the applicant with the 1Department of Commerce of a notice of intent to file a site certification application. When the notice is filed, a copy shall be served by the applicant on the Department of Environmental Protection and on all other agencies whose jurisdiction is reasonably expected to be affected by the proposed project.

(2)  The notice shall contain a description of the project which fully discloses the purpose, function, and number of jobs to be created by the project, a legal description, a map showing its location in relation to wetlands, water bodies, and the habitat of threatened or endangered species, highways, and adjacent preexisting developments. The notice shall also indicate general information, the types of waste streams, pollutants expected to be discharged, if any, whether any hazardous materials are anticipated to be handled or used in manufacturing processes on the project site, and the size of any chemical or petroleum storage tanks proposed to be constructed. The notice shall include, in general terms, information on the appropriate number of square feet of buildings and paved areas proposed to be constructed, including all access roads and parking. If the project proposes to occupy public lands or to require an amendment to the zoning classification, or comprehensive land use plan of any local government, this information shall also be disclosed.

(3)  The notice shall be in the form prescribed by rule of the 1Department of Commerce and shall include all information necessary for the 1Department of Commerce to render a decision concerning whether the proposed project is eligible for site certification under this part. Such information shall include:

(a)  Applicant identification.

(b)  Proposed project sites.

(c)  Proposed installations, if any.

(d)  The number of jobs expected to be created once the project is fully operational.

(e)  The project annual average wage expected once the project is fully operational.

(f)  A description of the nature of goods or services to be produced by the project.

(g)  Other project information, including proposed timelines for project achievement.

(h)  Evidence of the financial responsibility of the applicant.

(i)  Agency licenses which the applicant believes are necessary for achievement of the proposed project.

(4)  Within 7 days of the filing of the notice of intent, the applicant shall cause a notice to be published in newspapers of general circulation in the county or counties where the proposed project is to be located. The notice shall comply with s. 403.967 and shall be in a form prescribed by rule of the 1Department of Commerce.

(5)  Within 10 days after filing of a notice of intent, the 1Department of Commerce shall conduct a meeting of all agencies having jurisdiction over the proposed project to ascertain what agency licenses would be necessary from the affected agencies for achievement of the proposed project, to identify the agencies required to participate in the processing of an application for siting of the project, and to identify other persons entitled to notice of any application. Persons and organizations on the mailing list identified in s. 403.954(9) shall be entitled to written notice of the application. Any agency's failure to attend shall be reported to the siting board. In identifying persons and organizations entitled to notice, the 1Department of Commerce shall consider persons and organizations that have concerns with environmental, economic, social, and community impacts. No later than 14 days after the filing of a notice of intent, the 1Department of Commerce shall issue a decision as to whether the applicant is eligible to utilize the site certification procedure. The decision shall be in writing.

(6)  Upon the issuance of the applicant eligibility decision, the applicant may file an application for site certification with the 1Department of Commerce. The application shall be processed by the 1Department of Commerce in consultation with the Department of Environmental Protection, the local government, and the other affected agencies of jurisdiction under the time schedule specified in this act.

(7)  The applicant shall be responsible for distributing copies of its application and any amendments thereto to all affected agencies listed in s. 403.961(2). When the application is filed with the 1Department of Commerce, the applicant shall simultaneously serve a copy upon the affected agencies listed in s. 403.961(2). It shall be the responsibility of the 1Department of Commerce to assure that the applications and amendments are distributed in a timely fashion so that the application processing is not delayed.

History.--s. 1, ch. 93-205; s. 439, ch. 94-356.

1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.