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The Florida Senate

2006 Florida Statutes

Section 403.786, Florida Statutes 2006

403.786  Report and studies.--

(1)  The Department of Community Affairs, the water management district which has jurisdiction over the area wherein the proposed project is to be located, the Department of Transportation, the Fish and Wildlife Conservation Commission, the Department of Health, the Department of Agriculture and Consumer Services, and each local government which has jurisdiction shall each submit a report of matters within their jurisdiction to the department within 90 days after their receipt of the application. Any other agency may submit comments relating to matters within its jurisdiction to the department within 90 days after the filing of the application with the Division of Administrative Hearings.

(2)  Each report required by this section shall include specific findings regarding variances, compliance or noncompliance on all nonprocedural requirements and any proposed condition of certification within the jurisdiction of the reporting agency. For each finding of noncompliance and each proposed condition, the agency shall list the specific statute, rule, or ordinance authorizing it.

(3)  Any nonprocedural requirement not specifically addressed in a report required by this section is waived.

(4)  It shall be the duty of the department to make findings on the proposed project, including, but not limited to, the following:

(a)  The potential for compliance of the project, with department standards relating to water quality, air quality, fish and wildlife, and cultural resources.

(b)  Compliance of the project with any other applicable agency standards, including the criteria established pursuant to s. 37, chapter 83-310, Laws of Florida.

(c)  Whether a workable plan can be developed for transporting hazardous wastes to a multipurpose facility established for the purposes of this section, particularly from small-quantity generators and very-small-quantity generators.

(d)  Whether the applicant has adequately addressed the items set forth in s. 403.7841(1).

(5)  The department shall prepare a report as to the findings required by subsection (4) and the department's recommendation as to the disposition of the application and any proposed conditions of certification which the department believes should be imposed and shall submit the report to the administrative law judge within 135 days after the filing of the application with the Division of Administrative Hearings. This report shall address relevant issues raised by and comments received from any agency listed in subsection (1) contained in the required report.

(6)  Each agency shall file 10 copies of its report with the department and at the same time shall submit a copy to the applicant, each affected agency, and person who has filed a notice of intent to become a party.

History.--s. 4, ch. 89-285; s. 420, ch. 94-356; s. 161, ch. 96-410; s. 162, ch. 99-8; s. 213, ch. 99-245.