Although you may incur costs related to becoming a party, there is no statutory fee associated with becoming a party to a proceeding under any of the Siting Acts. Since the certification proceeding under each of the Siting Acts will involve an administrative hearing before an administrative law judge, you are encouraged to obtain counsel experienced in administrative law to represent your interests before the judge. It is recommended that potential parties to Siting cases obtain counsel, but it is not necessary to be represented by a lawyer in order to intervene in an administrative proceeding like a Siting case.
There is no form to fill out to become an intervener in a Siting case. The process of intervention starts when you file a petition to intervenewith the administrative law judge handling the case and serve it on all parties listed in the certificate of service for the case. You can see examples of filings in active Siting cases by visiting the Applications in Process page for the Siting program and clicking on the Division of Administrative Hearings Docket (DOAH) link under any of the active cases. The DOAH docket includes current certificates of service with the most recent pleadings. Also, watch the docket for the most recent revisions to the case schedule, which will include the deadline to intervene.
Your petition to intervene must contain the following information required by Rule 28-106.201(2), Florida Administrative Code:
The name and address of each agency affected and each agency's file or identification number, if known.
The name, address and telephone number of the petitioner; the name, address and telephone number of the petitioner's representative, if any, which shall be the address for service purposes during the course of the proceeding; and an explanation of how the petitioner's substantial interests will be affected by the agency determination.
A statement of when and how the petitioner received notice of the pending agency decision.
A statement of all disputed issues of material fact. If there are none, the petition must so indicate.
A concise statement of the ultimate facts alleged, including the specific facts the petitioner contends warrant modification of the agency's proposed action.
A statement of the specific rules or statutes the petitioner contends require modification of the agency's proposed action, including an explanation of how the alleged facts relate to the specific rules or statutes.
A statement of the relief sought by the petitioner, stating precisely the action petitioner wishes the agency to take with respect to the agency's proposed action.
October 9, 2017 - 10:17am
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The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.