The Florida Senate

403.958  Determination of completeness and sufficiency.--

(1)  Within 7 days of the date an application is filed with the ¹Department of Commerce, the ¹Department of Commerce shall give written notification to the applicant and affected agencies as to whether the application is complete.

(2)  If the applicant does not withdraw the application or does not desire to supply information deemed necessary to complete the application, the ¹Department of Commerce shall recommend denial of the application in a written recommendation which shall be considered by the siting board at the next regularly scheduled meeting of the board. The applicant shall file a written response to the recommendation within 10 days of the issuance of the recommendation expressing its position as to the completeness issues identified in the order. The board may accept or reject the recommendation of denial or determine the application to be complete. If the application is denied for incompleteness, such denial shall be without prejudice to the refiling of the application including all information needed for completeness as previously determined and shall be without prejudice to the filing of separate applications for needed licenses.

(3)  If the applicant accepts the determination of the ¹Department of Commerce as to completeness, it shall file any additional information necessary to complete the application. Within 7 days after the receipt of additional information, the ¹Department of Commerce shall inform the Department of Environmental Protection, the affected local governments, and other affected agencies whether the application is complete.

(4)  Within 7 days after an application has been determined to be complete, the ¹Department of Commerce shall issue and serve on the applicant and all agencies a proposed schedule for processing of the application, including dates for sufficiency determinations, deadlines for report submissions by affected and other agencies, and other significant dates applicable to the certification process.

(5)  Within 25 days of the date on which an application is deemed to be complete for purposes of this part, and after consultation with the affected agencies, the ¹Department of Commerce shall give written notification to the applicant and the affected agencies and qualified organizations as defined in s. 403.962, as to whether the application is sufficient, with the Department of Environmental Protection determining the sufficiency of information pertaining to environmental impacts and the affected local governments determining the sufficiency of information pertaining to local comprehensive plans and land development regulations. All affected agencies listed in s. 403.961(2) have 15 days from the date the application is declared complete in which to provide written sufficiency comments to the Department of Environmental Protection and the affected local government. Within 20 days of the date on which an application is deemed complete, the Department of Environmental Protection and the affected local government shall provide sufficiency comments to the ¹Department of Commerce.

(6)  If the application is declared insufficient, the applicant may, at its option, supply additional information necessary to make the application sufficient, request that the application be processed on the basis of information already submitted, or withdraw the application. If the applicant elects to supply additional information, within 25 days after the date on which additional information is received, the ¹Department of Commerce shall give notification to the applicant and affected agencies as to whether the additional information renders the application sufficient, with the Department of Environmental Protection determining the sufficiency of information pertaining to environmental impacts and the affected local governments determining the sufficiency of information pertaining to local comprehensive plans and land development regulations. Timeframes for affected agencies to provide sufficiency comments under this subsection shall be identical to those established in subsection (5). If an applicant desires that its application be processed on the basis of information already submitted, it shall inform the department and all affected agencies in writing, thereby waiving any further opportunity to render its application sufficient.

History.--s. 1, ch. 93-205; s. 440, 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.