Fla. Admin. Code Ann. R. 62B-33.014 - Emergency Procedures

(1) A "shoreline emergency" declared by the Governor or the Department is any unusual incident resulting from a hurricane, storm, or other violent coastal disturbance that has resulted in erosion, beach or coastal damage, sudden and unpredictable hazards to navigation, damage to upland structures, or any other unusual incident from natural or unnatural causes that endangers the coastal system or health, safety, welfare, or resources of the citizens of the state. Permits approved under the emergency procedures described in this rule section are intended to alleviate conditions resulting from a shoreline emergency and for purposes of this rule section shall be referred to as "emergency permits."

(2) Once a state of emergency is declared by either Executive Order of the Governor, pursuant to section 252.36, F.S., or by the Secretary, pursuant to section 120.569(2)(n), F.S., the following emergency procedures shall be followed:

(a) Designated representatives of the Department shall process emergency permits upon the request for an emergency field permit or the submittal of an emergency permit application. All construction shall be reasonably expected to be completed within ninety (90) days of permit issuance;

(b) Emergency field permits that are processed pursuant to this chapter, may be issued for construction, including but not limited to:

1. Temporary or remedial activities to protect structures;

2. Repair or replace minor structures, including dune walkovers, retaining walls, decks, and gazebos;

3. Dune restoration with beach compatible sand; and

4. Repair or replacement of minor damages to coastal armoring structures, including bulkhead or seawall caps, return walls, tiebacks, individual sheet piles, and armor stone; and other similar activities.

(c) Emergency permit applications may be submitted for the following activities: permanent foundation repair to major structures, repair or reconstruction of major structures, or repair or reconstruction of major damages to coastal armoring structures. The request shall be submitted to the Department at CCCL@dep.state.fl.us using the form entitled "Emergency Permit Application Pursuant to section 161.052 or 161.053, F.S." - DEP Form 73-303 (New 12/06), which is hereby adopted and incorporated by reference;

(d) Processing fees for emergency permits shall be waived;

(e) Information requirements of this rule chapter shall be deferred if the delay necessary to gather and submit the information will compound the emergency; and,

(f) Public notice procedures shall be waived.

(3) Emergency permit processing procedures shall be designated for no longer than the period stated in the executive order. The Department shall authorize emergency permit processing extensions, of 30 days each, not to exceed three extensions, concurrent with an emergency final order. If the Department issues a timely request for additional information the applicant shall have 30 days from the request for additional information or expiration date of the emergency processing procedures, whichever occurs later, to submit that information to the Department. If an applicant requires more than 30 days in which to respond to a request for additional information, the applicant may notify the Department in writing of the circumstances, at which time the application shall be held in active status for a period of up to 30 additional days. An additional extension of no more than 30 days from the last extension shall be granted for good cause shown by the applicant. A showing that the applicant is making a diligent effort to obtain the requested additional information shall constitute good cause. Failure of an applicant to provide the timely requested information by the applicable deadline shall result in denial of the application.

(4) Emergency permits shall expire 90 days after the date of issuance unless an earlier date is specified in the permit. If the permittee demonstrates that the emergency conditions still exist and that failure to complete the project was beyond the permittee's control, the Department shall grant an extension of no more than 90 days after the initial expiration date.

(5) When the proposed activity is not for the purpose of alleviating conditions resulting from the shoreline emergency, permitting and authorization procedures set forth in the other sections of this rule chapter shall be followed.

(6) Emergency permits shall not be issued for the creation of new lands or permanent structures that did not exist before the emergency.

Notes

Fla. Admin. Code Ann. R. 62B-33.014

Rulemaking Authority 161.052(11), 161.053(20), 161.085(5) FS. Law Implemented 161.052(2), 161.053(2), (4), 161.085(1), (2), (3), (4), (6), (8) FS.

New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.14, 16B-33.014, Amended 1-26-98, 5-31-07, Amended by Florida Register Volume 44, Number 182, September 18, 2018 effective 10/4/2018.

New 11-18-80, Amended 3-17-85, 11-10-85, Formerly 16B-33.14, 16B-33.014, Amended 1-26-98, 5-31-07, 10-4-18.