403.972 Fees; disposition.--The 1Department of Commerce shall charge the following fees, as appropriate, which shall be paid into the 1Department of Commerce Economic Development Trust Fund:
(1) A fee for a notice of intent in the amount of $2,500, to be submitted to the department at the time of filing of a notice of intent. The notice of intent fee shall be used and disbursed in the same manner as the application fee.
(2) An application fee, which shall not exceed $150,000. The fee shall be fixed by rule on a sliding scale related to the proposed project size and the number and size of local governments in whose jurisdiction the project is located.
(a) Thirty percent of the fee shall go to the 1Department of Commerce to cover any costs associated with reviewing and acting upon the application, and to cover the costs of the public notices published by the 1Department of Commerce.
(b) Upon written request with proper itemized accounting, the 1Department of Commerce shall transfer to the Division of Administrative Hearings such funds as are required to cover the cost and expenses associated with proceedings conducted by the division under this part.
(c) Upon written request with proper itemized accounting within 90 days after final agency action or withdrawal of the application, the 1Department of Commerce shall reimburse the Department of Environmental Protection, the Department of Community Affairs, the Game and Fresh Water Fish Commission, and any water management district created pursuant to chapter 373, regional planning council, and affected local governments in the jurisdiction of which the proposed project is to be located, and any other agency from which the 1Department of Commerce requests special reports pursuant to s. 403.961(2)(f) or with which the 1Department of Commerce contracts for field services associated with the monitoring, construction, and operation of the facility. Such reimbursement shall be authorized for the preparation of any reports or studies or the conduct of any compliance monitoring required of the agencies by this act, and for agency travel and per diem to attend any hearing held pursuant to this act, and for local governments to participate in the proceedings. In the event the amount available for allocation is insufficient to provide for complete reimbursement to the agencies, reimbursement shall be on a prorated basis.
(d) If any sums are remaining, the 1Department of Commerce shall retain them for its use in the same manner as is otherwise authorized by this act. 2However, if the certification application is withdrawn, the remaining sums shall be refunded to the applicant within 90 days after withdrawal.
(3) A certification modification fee, which shall not exceed $15,000, shall be submitted to the 1Department of Commerce with a formal petition for modification to the 1Department of Commerce pursuant to s. 403.971. This fee shall be established, disbursed, and processed in the same manner as the application fee in subsection (2).
History.--s. 1, ch. 93-205; s. 451, ch. 94-356.
1Note.--Section 20.17, which created the Department of Commerce, was repealed effective December 31, 1996, by s. 3, ch. 96-320.
2Note.--The word "that" following the word "However" was deleted by the editors.
