Florida Administrative Code

Rulemaking Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History-New 10-12-95, Amended 2-19-98, 5-17-07, Repealed 2-16-12.

Rulemaking Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 373.427 FS. History-New 10-12-95, Amended 2-19-98, 5-17-07, Repealed 11-19-15.

(1) To apply for a joint coastal permit, the applicant shall submit the Joint Application for Joint Coastal Permit/Authorization to Use Sovereignty Submerged Lands/Federal Dredge and Fill Permit (DEP Form 73-500, Effective September 2019) ("JCP Application Form"), which is hereby…

(1) Beach nourishment and inlet management projects that are constructed and maintained with no substantial changes in project scope are eligible for a simplified and expedited permitting process under the following criteria: (a) Physical and biological site conditions have not c…

(1) Each application for a joint coastal permit, except those applications filed by the U.S. Army Corps of Engineers and the Department, shall be accompanied by the full application fee which is based on the sum of fees required in rules 62-4.050, 62B-41.0085, 18-21.008, 18-21.00…

Rulemaking Authority 161.054, 161.055, 161.061, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 161.061, 373.427 FS. History-New 10-12-95, Amended 2-19-98, Repealed 5-17-07.

(1) Applications for major modifications to activities authorized under existing permits shall be processed in the same manner as new permits. The applicant shall submit a new application form, any changes to the permit drawings, and information demonstrating that the activity co…

Rulemaking Authority 161.055, 373.427 FS. Law Implemented 120.569, 161.041, 161.055, 373.427 FS. History-New 10-12-95, Amended 2-19-98, Repealed 5-17-07.

(1) A permit and proprietary authorization are issued to a specified applicant and are not valid for any other person unless formally transferred. A permittee must make application to the Department for a transfer of the permit and sovereignty submerged lands authorization upon t…

(1) Joint coastal permits shall be issued with the following durations: (a) Unless a shorter duration is requested by an applicant, a joint coastal permit issued for activities authorized by section 161.041(9), F.S., and part IV of chapter 373, F.S., will allow for two maintenanc…

(1) The following shall be grounds for suspension or revocation of a permit: (a) False, misleading or inaccurate information on the application, reports or other documentation has been submitted to the Department, or (b) Section 161.041, chapter 253, or part IV of chapter 373, F.…

The following permit conditions shall apply to all permits issued pursuant to this chapter: (1) All activities authorized by this permit shall be implemented as set forth in the project description, permit drawings, plans and specifications approved as a part of this permit, and …

(1) "Department" is the Florida Department of Environmental Protection. The head of the Department is the Secretary. (2) "Grossly negligent" violations are acts or omissions characterized by the failure to perform a manifest duty in reckless disregard of the consequences. (3) "Ha…

(1) The Department shall assess fines for willful violations of, or refusing to comply with, Sections 161.041, 161.052, and 161.053, F.S., or any rule or order prescribed by the Department thereunder. The fine amount shall be sufficient to ensure immediate and continued complianc…

(1) The Department shall assess damages for grossly negligent or knowing violations of Sections 161.041, 161.052, or 161.053, F.S., or any rule or order prescribed by the Department thereunder, which result in harm to sovereignty lands seaward of mean high water or to beaches, sh…

(1) The provisions of Rules 62B-54.002 and 62B-54.003, F.A.C., are not mutually exclusive and may be utilized concurrently. (2) Fines and damages shall be imposed and collected by the Department pursuant to Sections 161.052, 161.053, and 161.054, F.S., and the Florida Administrat…

Rulemaking Authority 161.163 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.001, Repealed 11-26-15.

(1) "Artificial light" or "artificial lighting" means the light emanating from any human-made device. (2) "Beach" means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is a marked change in material or physiographic …

Scientific investigations have demonstrated that marine turtles can nest along the entire coastline of the state. Historical data are not sufficient to exclude any county as an area utilized by marine turtles for nesting. For the purposes of this rule, however, the coastal areas …

The State of Florida Model Lighting Ordinance for Sea Turtle Protection effective December 15, 2020, which is hereby adopted and incorporated by reference and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-12398 and https://floridadep.gov/rcp/beaches, provide…

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.005, Repealed 12-15-20.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.006, Repealed 12-15-20.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.007, Repealed 12-15-20.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.008, Repealed 12-15-20.

Rulemaking Authority 161.63 FS. Law Implemented 161.163 FS. History-New 3-30-93, Formerly 16B-55.009, Repealed 11-26-15.

Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.053(2), (4), 161.085(9) FS. History-New 6-22-09, Repealed 11-26-15.

(1) "Access" or "public access" as used in section 161.053, F.S., means the public's right to laterally traverse the sandy beaches of this state where such access exists on or after July 1, 1987, or where the public has established a shore normal accessway through private lands t…

(1) The Department shall issue a permit for a reconstructed dune after it determines the applicant meets the following conditions: (a) The proposed reconstructed dune must provide for the protection of an existing vulnerable structure or a structure that is upland of a beach-dune…

Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 161.085(9) FS. History-New 6-22-09, Repealed 11-26-15.

(1) To apply for a construction and maintenance permit under this chapter, the applicant shall submit the application form and supporting documents to the Department of Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400, using Form 62B-56.900…

(1) The Department requests that: (a) Complete permit applications be submitted on writeable CD media, clearly labeled and protected within a case or sleeve. (b) Digital files be submitted in Adobe Acrobat Portable Document Format (PDF), Version 7.0 or higher. (c) No single elect…

(1) Within fourteen days of the Department receiving an application for a reconstructed dune permit, the applicant shall publish a notice requesting public comment in a newspaper of general circulation in the area affected by the proposed reconstructed dune. The public comment re…

(1) The certified survey of the subject property, which is required by paragraph 62B-56.050(3)(i), F.A.C., shall include the following information: (a) The property owner's name. (b) All vertical data specified on the survey shall be referenced to NAVD 88 (U.S. survey foot). A no…

(1) Prior to issuance of a Notice to Proceed, the responsible entity shall provide the Department with financial assurance, as defined in rule 62B-56.020, F.A.C., in an amount sufficient to cover the cost of dune core removal and restoration of the project site, including topogra…

(1) Unless revoked or otherwise modified, the duration of the construction and maintenance phases of this permit are as follows: (a) The construction phase shall be no more than two years after issuance of permit. (b) The maintenance phase shall be perpetual for the life of the p…

(1) Requests for major permit modifications, including additions, revisions, or structural modifications of the permitted project or activities, shall be reviewed and processed in the same manner as the initial application. (2) Minor modifications shall be reviewed and shall meet…

(1) Permits issued to the applicant are not valid for any other person unless transferred. (2) At least 30 days prior to any transfer of ownership or control of the land on which the reconstructed dune is located or where any permitted activity is located, the responsible entity …

(1) Each application for a new permit, major modification, or transfer to be considered by the Department pursuant to Section 161.085(9), F.S., and this chapter, shall be accompanied by a processing fee. Monies from fees assessed pursuant to this chapter shall be deposited into t…

(1) Upon completion of construction of a reconstructed dune authorized under this chapter, the permit must be converted from the construction phase to the maintenance phase. (2) Completion of construction shall be certified as follows: (a) Within 30 days after completion of const…

(1) The following general permit conditions shall apply, unless superseded by the Department or modified by the permit as a special permit condition: (a) The responsible entity shall perform all construction activities in accordance with the plans and specifications that were app…

(1) Subject to the provisions of subsection (3), below, and in accordance with sections 161.085, and 120.60, F.S., the Department shall order the revocation of the permit and removal of the structure and restoration of the project site in accordance with subsection (6), below, up…

The forms used by the Department in the Coastal Construction Control Line program are adopted and incorporated by reference in this chapter. Each form is listed by rule number, which is also the form number, and with the subject, title, and effective date. Copies of forms may be …

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section: (1) "Annual Mining and Reclamation Report" means a report, including maps and aerial photographs, submitted for each mine, which describes and …

(1) The requirements to submit applications, notices and reports contained in this chapter shall be consistent with the Department's authority contained in Part III of Chapter 378, F.S. (2) Approval must be obtained from the Department prior to an operator beginning any reclamati…

(1) Preapplication Meetings. In order to reduce the time required for processing applications, preapplication meetings are encouraged and should be arranged in accordance with the following: (a) If a meeting is requested by the applicant, the Department shall meet with the applic…

(1) General Processing Procedures. (a) All applications shall be processed in accordance with the provisions of Chapter 120, F.S. (b) Within 30 days after the receipt of an application, the Department shall examine the application, notify the applicant of any apparent errors or o…

All applications shall be submitted using forms incorporated by reference in Rule 62C-16.0095, F.A.C., and shall meet the following minimum standards: (1) At least one copy of signed documents made a part of the application shall bear an original signature. (2) All maps, cross se…

Each conceptual plan application and conceptual plan modification application shall describe in writing and graphically, as required by the Department, the activities which are the subject of the application. (1) Conceptual plan. A conceptual plan application shall: (a) Describe …

(1) All applications for a variance, pursuant to Section 378.212, F.S., shall be in accordance with these rules. The Department shall review the application within a reasonable period of time and, if the Department determines the application to be incomplete, the applicant shall …

This section sets forth the minimum criteria and standards for approval of a conceptual plan or modification application. (1) Safety. (a) Site cleanup. All lands reclaimed shall be completed in a neat, clean manner by removing or disposing of all visible debris, litter, junk, wor…