Fla. Admin. Code Ann. R. 62-330.060 - Content of Applications for Individual and Conceptual Approval Permits
Materials to include in an application or notice for a permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application or notice.
(1) An application for an
individual permit or conceptual approval permit shall be made on Form
62-330.060(1),
"Application for Individual and Conceptual Approval Environmental Resource
Permit, State 404 Program Permit, and Authorization to Use State-Owned
Submerged Lands", including the information required in the applicable Sections
A through I (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12036),
a copy of which may be obtained from the Agency, as described in subsection
62-330.010(5),
F.A.C., or by use of the equivalent e-application form of the applicable
Agency. Attachments 1, 2, and 3 of the form (containing agency contacts and a
summary of the application fees related to applications and notices) are not
incorporated by reference, but are available at
https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/forms-environmental-resource.
(2) The application must include all material
requested in the application form; the processing fee in accordance with Rule
62-330.071, F.A.C.; and other
information needed to provide reasonable assurance that the proposed activities
meet the conditions for issuance in Rule
62-330.301, F.A.C., the
additional conditions for issuance in Rule
62-330.302, F.A.C., and the
Applicant's Handbook.
(3) The
applicant must certify that it has sufficient real property interest over the
land upon which the activities subject to the application will be conducted, as
required in Section A of Form
62-330.060(1)
and Section 4.2.3(d) of the Applicant's Handbook Volume I. The applicant or the
applicant's authorized agent must sign Part 4.A. of the application, and the
applicant must sign Part 4.B. If the applicant's authorized agent signs Part
4.A, the applicant also must sign Part 4.C.
(4) An application for an individual permit
also constitutes an application to operate and maintain the project. The
application must specify the entity that will operate and maintain the project.
If the applicant proposes an entity other than the current owner to operate and
maintain the proposed project, documentation must be included demonstrating how
such entity will meet the requirements of sections 12.3 through 12.3.4 of
Volume I. A homeowner's or property owner's association ("HOA" or "POA, "
respectively) draft association documents designating the HOA or POA as the
operating entity, and prepared in conformance with sections 12.3 through 12.3.4
of Volume I, shall satisfy this requirement. This provision of the association
documents may not be modified without a permit modification in accordance with
Rule 62-330.315,
F.A.C.
Notes
Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 373.042, 373.413, 373.4131, 373.416, 668.003, 668.004, 668.50 FS.
New 10-1-13, Amended 6-1-18, 12-22-20.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
Materials to include in an application or notice for a permit are described below. Applicants are encouraged to have a pre-application meeting or discussion with Agency staff prior to submitting the application or notice.
(1) An application for an individual permit or conceptual approval permit shall be made on Form 62-330.060(1), "Application for Individual and Conceptual Approval Environmental Resource Permit, State 404 Program Permit, and Authorization to Use State-Owned Submerged Lands", including the information required in the applicable Sections A through I (December 22, 2020), incorporated by reference herein (https://www.flrules.org/Gateway/reference.asp?No=Ref-12036), a copy of which may be obtained from the Agency, as described in subsection 62-330.010(5), F.A.C., or by use of the equivalent e-application form of the applicable Agency. Attachments 1, 2, and 3 of the form (containing agency contacts and a summary of the application fees related to applications and notices) are not incorporated by reference, but are available at https://floridadep.gov/water/submerged-lands-environmental-resources-coordination/content/forms-environmental-resource.
(2) The application must include all material requested in the application form; the processing fee in accordance with Rule 62-330.071, F.A.C.; and other information needed to provide reasonable assurance that the proposed activities meet the conditions for issuance in Rule 62-330.301, F.A.C., the additional conditions for issuance in Rule 62-330.302, F.A.C., and the Applicant's Handbook.
(3) The applicant must certify that it has sufficient real property interest over the land upon which the activities subject to the application will be conducted, as required in Section A of Form 62-330.060(1) and Section 4.2.3(d) of the Applicant's Handbook Volume I. The applicant or the applicant's authorized agent must sign Part 4.A. of the application, and the applicant must sign Part 4.B. If the applicant's authorized agent signs Part 4.A, the applicant also must sign Part 4.C.
(4) An application for an individual permit also constitutes an application to operate and maintain the project. The application must specify the entity that will operate and maintain the project. If the applicant proposes an entity other than the current owner to operate and maintain the proposed project, documentation must be included demonstrating how such entity will meet the requirements of sections 12.3 through 12.3.4 of Volume I. A homeowner's or property owner's association ("HOA" or "POA, " respectively) draft association documents designating the HOA or POA as the operating entity, and prepared in conformance with sections 12.3 through 12.3.4 of Volume I, shall satisfy this requirement. This provision of the association documents may not be modified without a permit modification in accordance with Rule 62-330.315, F.A.C.
Notes
Rulemaking Authority 373.044, 373.113, 373.171, 373.4131 FS. Law Implemented 373.042, 373.413, 373.4131, 373.416, 668.003, 668.004, 668.50 FS.
New 10-1-13, Amended 6-1-18, 12-22-20.