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The Florida Senate

2001 Florida Statutes

Section 341.343, Florida Statutes 2001

341.343  Review of application.--

(1)  The department shall coordinate the review of the certification application with the other affected agencies.

(2)  If an agency determines that its respective part of the certification application is incomplete, that agency shall provide in writing to the applicant a statement of the desired additional information within 30 days after the receipt of the application. The applicant may supply the information requested and, if the applicant intends to supply the information, shall communicate its intention to do so in writing to the agency requesting the information within 5 working days after the receipt of the statement requesting such information; or the applicant shall notify the appropriate agency in writing that the requested information will not be supplied, in which case the application shall be processed as filed. Unless otherwise agreed upon by the agency requesting the information and by the applicant, the information must be provided within 60 days after the request. Within 30 days after receipt of such additional information, the respective agency shall review such additional information and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. If an applicant does not provide the information requested within 120 days after the initial request for the applicant to provide it, or within a time period agreed upon by the applicant and the respective agency, the application is considered withdrawn.

(3)  The certification application is deemed complete when each agency having jurisdiction:

(a)  Finds the application complete; or

(b)  Fails to notify the applicant within 30 days after the receipt of the application or a request for additional information that the application is incomplete.

(4)  Within 10 days after receipt of a certification application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct the certification hearing.

(5)  If an amendment to a certification application is proposed and deemed complete more than 30 days prior to the local government hearings held pursuant to s. 341.347, each agency must conduct a review of the amendment and include its comments in its report under this section and s. 341.348, and the amendment must be reviewed in the local government hearings under s. 341.347.

(6)  If an amendment to a certification application is proposed later than the time period described in subsection (5), the proposed amendment must be reviewed by the Department of Environmental Protection, the Department of Community Affairs, and the Department of Transportation to determine the impact of the amendment on matters within their respective jurisdictions. Within 30 days after the receipt of the proposed amendment, if any of the foregoing agencies determines that the amendment is such that either additional time or information is required in order to adequately review and analyze the proposed amendment or additional local government hearings are appropriate, the agency shall advise the administrative law judge and all parties in writing of the need for the additional time. Upon receipt, the administrative law judge shall delay the date of the certification hearing in order to give all parties ample opportunity to review and analyze the impacts of the proposed amendment or to conduct the necessary local government hearing.

History.--s. 18, ch. 84-207; s. 2, ch. 85-65; s. 24, ch. 85-81; s. 17, ch. 87-100; s. 32, ch. 90-227; s. 5, ch. 91-429; s. 37, ch. 92-152; s. 173, ch. 94-356; s. 76, ch. 96-410.