Fla. Admin. Code Ann. R. 62B-49.005 - Application Requirements and Processing Procedures

(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 incorprated by reference, along with supporting documents, all in searchable electronic format. Copies of the form may be obtained by downloading from the Department's web page at: http://www.dep.state.fl.us/beaches/publications/forms/enabled/73-500-JCPApplication.pdf or from the Department of State's webpage at http://www.flrules.org/Gateway/reference.asp?No=Ref-11119. When submitting the digital information, the applicant shall use the following standards:

(a) Submit geotechnical data in electronic file format suitable for input to the Department's Regional Offshore Sand Source Inventory (ROSSI) database. The data may be submitted in Excel, Access, or gINT files;

(b) Submit Geographic Information System (GIS) data (.shp, .dwg, .dxf, or other GIS compatible format) that has been projected into the appropriate Florida State Plane coordinate system. Metadata shall be included using the Federal Geographic Data Committee (FGDC) standard. Metadata may be submitted in .xml format if included as part of the shapefile, in a .txt file if sent separately, or other convertible file;

(c) Use electronic signatures;

(d) Use electronic professional certifications;

(e) Provide appendices or attachments as separate electronic files. Each individual appendix or attachment file shall be indexed to and labeled with the corresponding item number from the JCP Application Form and with the subject of the contents; and,

(f) Submit the application by email to BIPP@dep.state.fl.us. For documents and/or plans that are too large to send via email (greater than 20 MB), upload documents to the Department's external JCP FTP site at ftp://ftp.dep.state.fl.us/pub/incoming/beaches_jcp/. When submitting an application on an electronic storage device, mail the package to the Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 3544, Tallahassee, Florida 32399.

(g) If the applicant provides a written statement that the electronic submittal requirements pose a substantial technical or financial hardship, those requirements are waived, and documents may be submitted, along with the statement, to the above address.

(h) Paper and electronic applications and notices must be filed with the Department during normal business hours. Paper and electronic applications and notices received after 5:00 p.m. (Eastern Standard Time) shall be deemed as filed as of 8:00 a.m. on the next regular business day.

(2) The applicant shall provide the specific information required by this chapter, section 161.041, chapter 253, and part IV of chapter 373, F.S., and chapters 18-18, 18-20, and 18-21, F.A.C., as well as chapters 62B-41, 62-330, and 62-4, F.A.C.

(3) Within 30 days of receipt of an application for a JCP, the Department shall determine whether the application includes all information needed for a complete evaluation of the proposed project. If the application is incomplete, the Department shall send an RAI within 30 days after receipt of the application. Within 30 days after receipt of each submittal of additional information, the Department shall determine whether the application is complete, and if it is not complete, shall request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. The applicant may waive the 30 day time limit specified under section 120.60(1), F.S.

(4) An application shall be denied if the applicant fails to provide all the information requested in the RAI to the Department within six months after a written request for such information has been sent to the applicant. However, if the applicant can demonstrate that he or she has been actively working on collecting or developing the requested information, and that additional time will be required to complete the response to the RAI, the applicant may request up to six additional months to submit their complete response. If an applicant withdraws an application for a joint coastal permit prior to agency action, any processing fee submitted with that application shall be applied to the processing fee for a new application or notice received from the same applicant if done within 365 days from when the previous application was withdrawn, provided the activity is located within all or part of the same project area. In such a case, additional processing fees will be required only to collect the balance due for the activities proposed in the revised application or notice. Processing fees previously paid for an application or notice that was denied by the agency shall not be applied to a new or revised application or notice.

(5) If a substantial revision to a complete application is received, the Department shall notify the applicant that an amended application cannot be accepted unless the applicant agrees, in writing, to restart the time periods of section 120.60(2), F.S., and to submit a complete additional processing fee required for the project, as amended, pursuant to this chapter.

(6) When the authority to take final action on a request for proprietary authorization has been delegated to the Department without the need for separate action by the Board of Trustees, the Department shall issue a consolidated notice of denial or intent to issue within 90 days of receiving a complete application under this chapter. The applicant may waive the 90 day time limit specified under section 120.60(1), F.S., at any time.

(7) When the authority to take final action on a request for proprietary authorization has not been delegated to the Department, the Department shall review the application, issue a recommended consolidated notice of denial or recommended consolidated notice of intent to issue, and take final agency action in accordance with the procedures in sections 373.427(2)(a) through (c), F.S.

(8) The applicant and persons who have requested a copy of the intended agency action for a specific application shall be notified of the Department's consolidated notice of denial or intent to issue and their rights under sections 120.569 and 120.57, F.S.

(9) Upon issuance of the consolidated notice of denial or consolidated notice of intent to issue or upon issuance of the recommended consolidated notice of denial or recommended consolidated notice of intent to issue pursuant to subsection (7), the Department shall be deemed to be in compliance with the timeframes for approval or denial in section 120.60(2), F.S. Failure to satisfy these timeframes shall not result in approval by default of the request for proprietary authorization.

(10) The Department shall require an applicant to publish, in a newspaper of general circulation in the area affected by the proposed activity, a notice of intended agency action on the application for those activities, which because of their size, potential effect on the environment or the public, controversial nature, or location, are reasonably expected by the Department to result in a heightened public concern or likelihood of request for administrative proceedings. The notice of intended agency action shall include a notice of all interested party's rights under section 120.57, F.S. If the applicant fails to publish the notice of intended agency action required by the Department within 30 days of the issuance of the consolidated notice of intent to issue as provided in this chapter, and to provide proof of publication (in the form required by sections 50.041 and 50.051, F.S.) within 21 days of publication, the Department shall deny the application.

(11) Once the challenge period has passed (as specified in the notice of rights), the Department's consolidated intent becomes final, the Department shall prepare and mail the final agency action to the applicant, affected local governments, and all persons who requested, in writing, such notification. The permit shall include specific conditions necessary to help define the project or provide reasonable assurance that the project will meet applicable rules and statutes.

Notes

Fla. Admin. Code Ann. R. 62B-49.005

Rulemaking Authority 20.255(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 20.255(8), 161.041, 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5), (6), 403.061(44) FS.

New 10-12-95, Amended 2-19-98, 5-17-07, Amended by Florida Register Volume 41, Number 214, November 3, 2015 effective 11/19/2015, Amended by Florida Register Volume 45, Number 167, August 27, 2019 effective 9/12/2019.

New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15, 9-12-19.