The Florida Senate

403.787  Notice, proceedings, parties, participants.--

(1)(a)  No later than 15 days after the receipt of an application, the department shall arrange for publication of a notice of the application and of the proceedings required by ss. 403.78-403.7893.

(b)  The department shall arrange for publication of a notice of the certification hearing and other public hearings provided for in this section and notice of the deadline for filing of notice of intent to be a party. Such notices shall be published at least 60 days before the date set for the hearing, or such other time as necessary to comply with applicable federal requirements.

(c)  The department shall arrange for publication of a reminder notice in the newspapers no more than 2 weeks prior to the certification hearing, reminding the public of the date and location of the hearing. This notice shall not constitute a point of entry for intervention in the proceeding.

(d)  Notices shall be published:

1.  By newspaper notice as provided in chapter 50, within the county in which the project is proposed to be sited;

2.  In the Florida Administrative Weekly; and

3.  By giving notice to any persons who have requested to be placed on the departmental mailing list for this purpose.

(e)  All published notices shall be paid for by the applicant and shall be in addition to the application fee. The department shall arrange for publication of notices required by this section.

(2)  No later than 180 days after receipt of an application by the department, the administrative law judge shall conduct a certification hearing pursuant to ss. 120.569 and 120.57(1), except as otherwise provided herein, at a central location in proximity to the proposed project. The certification hearing shall be completed within 60 days of commencement of the hearing, unless a longer time is necessary to afford the parties due process of law.

(3)  At the conclusion of the certification hearing, the administrative law judge shall, after consideration of all evidence of record, and with due regard to the criteria and standards set forth in this act, issue a recommended order disposing of the application no later than 50 days after the transcript of the certification hearing and the public hearings is filed with the Division of Administrative Hearings.

(4)(a)  Parties to the proceeding shall be:

1.  The applicant.

2.  The department.

3.  The Department of Community Affairs.

4.  The Fish and Wildlife Conservation Commission.

5.  Each water management district in the jurisdiction of which the proposed project is to be located.

6.  Any affected local government.

(b)  If any person, including the parties listed in this section, fails to file a notice of its intent to be a party on or before the 30th day prior to the certification hearing, such person shall be deemed to have waived its right to be a party unless its participation is necessary to satisfy statutory requirements or to afford due process of law.

(c)  Notwithstanding the provisions of chapter 120 to the contrary, upon the filing with the administrative law judge of a notice of intent to be a party, the following shall be parties to the proceeding:

1.  Any state agency not listed in paragraph (a) as to matters within its jurisdiction.

2.  Any domestic nonprofit corporation or association formed, in whole or in part, to promote conservation of natural beauty; to protect the environment, personal health, or other biological values; to preserve historical sites; to promote consumer interests; to represent labor, commercial, or industrial groups; or to promote orderly development of the area in which the proposed project is to be located.

3.  Any person whose substantial interests are affected and being determined by the proceeding.

(d)  Any agency whose properties or works may be affected shall be made a party upon the request of the agency or any party to this proceeding.

(5)  At an appropriate time during the hearing, any person who is not a party may be given an opportunity to present oral or written communications to the administrative law judge. All parties shall be given an opportunity to cross-examine, challenge, or rebut such communications.

(6)  The administrative law judge shall have all powers and duties granted to administrative law judges by chapter 120 and by the laws and rules of the department.

(7)  In the event of conflict between the permitting procedures of any federally delegated or approved permit program, or the procedures specified in s. 403.0872 or s. 403.0885, and the site certification process, the permit application shall be processed according to the specific permitting procedure required for that permit.

History.--s. 4, ch. 89-285; s. 7, ch. 94-321; s. 421, ch. 94-356; s. 162, ch. 96-410; s. 214, ch. 99-245.