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Florida Statute 403.815 - Full Text and Legal Analysis
Florida Statute 403.815 | Lawyer Caselaw & Research
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F.S. 403.815 Case Law from Google Scholar Google Search for Amendments to 403.815

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH
Chapter 403
ENVIRONMENTAL CONTROL
View Entire Chapter
403.815 Public notice; waiver of hearings.The department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of application for a permit submitted under this chapter or chapter 253. The notice of application shall be published within 14 days after the application is filed with the department. Notwithstanding any provision of s. 120.60, the department may publish or by rule require the applicant to publish, or the applicant may elect to publish, in a newspaper of general circulation in the area affected, notice of proposed agency action on any permit application submitted under this chapter or chapter 253. The department shall require the applicant for a permit to construct or expand a solid waste facility to publish such notice. The notice of proposed agency action shall be published at least 14 days prior to final agency action. The 90-day time period specified in s. 120.60 shall be tolled by the request of the department for publication of notice of proposed agency action and shall resume 14 days after receipt by the department of proof of publication. However, if a petition is filed for a proceeding pursuant to ss. 120.569 and 120.57, the time periods and tolling provisions of s. 120.60 shall apply. The cost of publication of notice under this section shall be paid by the applicant. The secretary may, by rule, specify the format and size of such notice. Within 14 days after publication of notice of proposed agency action, any person whose substantial interests are affected may request a hearing in accordance with ss. 120.569 and 120.57. The failure to request a hearing within 14 days after publication of notice of proposed agency action constitutes a waiver of any right to a hearing on the application under ss. 120.569 and 120.57.
History.s. 10, ch. 80-66; s. 13, ch. 82-27; s. 44, ch. 84-338; s. 48, ch. 87-225; s. 169, ch. 96-410.

F.S. 403.815 on Google Scholar

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Amendments to 403.815


Annotations, Discussions, Cases:

Cases Citing Statute 403.815

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Rudloe v. Dept. of Env't Reg., 517 So. 2d 731 (Fla. 1st DCA 1987).

Cited 4 times | Published | Florida 1st District Court of Appeal | 1987 WL 3202

...BOOTH, Judge, dissenting. I must respectfully dissent. On the record before us, appellants were entitled to hearing and disposition by the Department of Environmental Regulation (DER) of the issue raised concerning the sufficiency of the published notice of intent. Section 403.815, Florida Statutes, provides, in pertinent part, as follows: *734 The department may ......
...shall publish, at the applicant's expense, a Notice of Proposed Agency Action on Permit Application... . (b) The notice shall be published one time only in the legal ad section of a newspaper of general circulation in the county where the activity is proposed... . [2] Record p. 86: Pursuant to Section 403.815, Florida Statutes, and Florida Administrative Code Rule 17-103.150, you are required to publish (at your own expense) the attached notice....
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City of Labelle v. Bio-Med Servs., Inc., 598 So. 2d 207 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5075, 1992 WL 92417

...nd that that portion of the rule prescribing a fourteen-day period after receipt of actual notice exceeded the permissible scope of DER’s rule-making authority. The City’s argument is that the validity of rule 17-103.155 must be measured against section 403.815, Florida Statutes (1989), and that publication pursuant to section 403.815 is the exclusive means of providing notice of a pending application. 1 *209 We do not agree with the City’s contention. Section 403.815 refers to, and must be read in conjunction with, section 120.-60(1) which, in turn, incorporates section 120.57(1)(b)2. Section 120.57(1)(b)2 calls for “reasonable notice.” We conclude that the purpose of section 403.815 is merely to amplify the notice provisions of section 120.57(1)(b)2 by providing that reasonable notice under section 120.57(1)(b)2 may, and in some cases must, include notice by publication. We do not agree with the City that the rule exceeds the scope of DER’s rule-making authority. We see no reason to conclude that the legislature in enacting section 403.815 intended to depart from the general rule that actual notice is not only an appropriate method of providing notice but is generally the primary method of accomplishing notice of impending action to an interested or affected person or entity....
...The parties do not identify, nor has our research revealed, a prior case deciding the issue the City raises; but City of St. Cloud v. Dep’t of Environmental Regulation, 490 So.2d 1356 (Fla. 5th DCA 1986), seems to have assumed the validity of rule 17-103.155. Affirmed. FRANK and ALTENBERND, JJ., concur. . Section 403.815 reads as follows: Public notice; waiver of hearings....
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Reedy Creek Improvement Dist. v. State Dep't of Env't Reg., 447 So. 2d 313 (Fla. Dist. Ct. App. 1984).

Published | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11671

...Within 14 days of receipt of that notice, Reedy Creek sought a formal Section 120.57 hearing. Section 120.57(1), Florida Statutes (1981). DER issued an order to show cause why the petition for formal hearing should not be dismissed since it appeared to be untimely pursuant to Section 403.815, Florida Statutes (1981)....