Florida Administrative Code

(1) The Beach Management Program is established to develop and execute a comprehensive, long range, statewide beach management plan for erosion control, beach preservation, restoration, nourishment and storm protection for the critically eroded shoreline of the State of Florida. …

(1) Annual funding requests for cost sharing of beach management projects shall be submitted by the local sponsor to the Department. Projects previously submitted, but not funded, and projects with cost overruns may be included. Local sponsors who have received funding for projec…

(1) Beach Management Projects. Eligible projects will receive a total point score by the Department based on the following criteria, equally weighted within the following specified tiers: (a) Tier 1 accounts for 20 percent of the total score and consists of the tourism-related re…

(1) Until the unsatisfied demand for restoring and repairing Florida's beaches is met, the Department intends to share in the costs of beach management projects with local sponsors. Cost sharing will only be applied to the portion of the project necessary to benefit shoreline des…

(1) The Department and the local sponsor will execute a project agreement when funds are available and the project is ready to proceed. The project agreement shall include the following: (a) The estimated costs for each eligible project item, including the amount of the local spo…

(1) "Accretion" is the buildup of land or accumulation of unconsolidated material within the coastal system caused by wind and wave action, storm surge, or tidal or littoral currents. Accretion includes: (a) Waterward horizontal movement of the mean high-water line or beach profi…

(1) No coastal construction shall be conducted without a permit issued by the Department under this chapter, unless it is determined that the coastal construction does not fall within the requirements of section 161.041, F.S., or unless the interior tidal water body is exempted b…

(1) The deepwater ports identified in section 403.021(9)(b), F.S., are exempt from the requirements contained in sections 161.142(1) and (2), F.S. (2) The following coastal construction shall be exempt from the provisions of this chapter when it is determined by the Department th…

(1) In keeping with the intent of Chapter 161, F.S., it is the Department's policy to prevent further degradation of, and to promote restoration of existing degraded portions of, the coastal system by means of the regulation of coastal construction. (2) Coastal construction autho…

(1) Any application for a permit under this chapter for coastal construction that affects marine turtles shall be subject to conditions and requirements for marine turtle protection as part of the permitting process, pursuant to section 379.2431, F.S. (2) Beach restoration, nouri…

(1) The following requirements must be met before a permit will be approved by the Department: (a) All coastal construction shall be sited and designed so as to minimize any expected adverse impact to the coastal system, marine turtles and adjacent property and structures and be …

(1) Permit applications for experimental coastal construction involving new technologies shall be reviewed in accordance with all applicable provisions of this chapter and the following special criteria: (a) The proposed location must be in an erosion area as identified in the De…

(1) A Joint Coastal Permit, pursuant to subsection 62B-49.005(1), F.A.C., is required in order to conduct any coastal construction activities in Florida. All information in conjunction with an application shall only be submitted by the applicant or the duly authorized agent. The …

(1) Each application for a permit to be considered by the Department pursuant to Section 161.041, F.S., except those applications filed by agencies of government of the executive branch of the State of Florida, shall be accompanied by a fee. Monies from fees assessed pursuant to …

(1) Applications for revisions or modifications to existing permits shall be processed in the same manner as a new permit except that items required by rule 62B-41.008, F.A.C., which have already been furnished to the Department shall be waived unless the staff determines the dat…

This chapter implements the provisions of sections 161.055 and 373.427, F.S., by combining the regulatory requirements of the coastal construction program (section 161.041, F.S.) with the environmental resource permit program (part IV of chapter 373, F.S.) to establish the joint …

For purposes of this chapter, the following definitions shall apply: (1) "Activity" is any construction, dredge and fill, or other action that requires a permit pursuant to section 161.041, F.S., an environmental resource permit pursuant to part IV of chapter 373, F.S., and a pro…

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…