Fla. Admin. Code Ann. R. 62B-34.030 - Application Procedures

(1) Any person wishing to use a General Permit shall provide a notice of intent to engage in activities under the General Permit by submitting to the Department the appropriate application fee required by rule 62B-34.040, F.A.C., along with a completed application, using DEP Form #73-101 entitled "Application for a General Permit for Construction or Other Activities Seaward of the Coastal Construction Control Line, " October 2018, which is hereby adopted and incorporated by reference, located here: http://www.flrules.org/Gateway/reference.asp?No=Ref-09947. The Department must receive the completed application at least 30 days before the applicant begins any work. Copies of the application form may be obtained by contacting the Department or by accessing the Department's website at https://floridadep.gov/water/coastal-construction-control-line/content/coastal-construction-control-line-cccl-forms or by telephoning (850)245-8336. The application can include one or more of the activities that qualify for a General Permit under this chapter.

(a) Each application must be accompanied by the appropriate processing fee. The fee shall be paid by check, payable to the Department of Environmental Protection. The fee is non-refundable except as provided in section 120.60, F.S., and in this rule chapter. An application received without the required fee shall be returned to the applicant.

(b) Upon receipt of an application and the appropriate fee, the permit processing time, pursuant to the requirements of section 161.053, F.S., and chapter 62-4, F.A.C., shall begin.

(c) If an applicant submits an application fee in excess of the required fee, the Department shall refund to the applicant the amount received in excess of the required fee.

(2) Projects undertaken without proof of notice to the Department shall be considered as being undertaken without a permit and shall be subject to enforcement pursuant to section 161.121, F.S.

(3) If the Department determines that the proposed activity does not qualify for the General Permit as set forth in this rule chapter, the Department shall deny the application within thirty (30) days of receiving notice of intent. If the Department does not deny the application within thirty (30) days, the applicant may conduct the activity authorized by the General Permit pursuant to the general conditions and other requirements contained in this rule chapter.

(4) Persons wishing to use a General Permit shall provide notice as required by the applicable local building code where the project will be located. If a building code requires no notice, any person wishing to use a General Permit shall, at a minimum, post on the property at least five (5) days prior to the commencement of construction a sign no smaller than 8 1/2 inches by 11 inches, with letters no smaller than one-quarter inch, describing the project.

Notes

Fla. Admin. Code Ann. R. 62B-34.030

Rulemaking Authority 161.053(18), (20) FS. Law Implemented 161.053(18), 161.0535, 161.121 FS.

New 3-27-03, Amended 11-21-05, Amended by Florida Register Volume 44, Number 182, September 18, 2018 effective 10/4/2018.

New 3-27-03, Amended 11-21-05, 10-4-18.