Fla. Admin. Code Ann. R. 62B-56.160 - Revocations, Suspensions and Removal

(1) Subject to the provisions of subsection (3), below, and in accordance with sections 161.085, and 120.60, F.S., the Department shall order the revocation of the permit and removal of the structure and restoration of the project site in accordance with subsection (6), below, upon its determination that one or more of the following permit conditions have been violated:

(a) Financial assurances are invalid or inadequate as submitted, updated, or provided by the new responsible entity (transferee) under rule 62B-56.090 F.A.C.

(b) Responsible entity has failed to maintain continuous cover of at least three feet of sand over the dune core stabilized with native beach-dune vegetation.

(c) Project has suffered irreparable damage or fails to perform as the core of a frontal dune feature.

(d) Project has caused a significant adverse impact to the beach-dune system, or

(e) The Incidental Take Permit has been revoked.

(2) Subject to the provisions of subsection (3), below, the Department shall order the suspension of the permit upon its determination that the responsible entity failed to meet any of the requirements under rule 62B-56.030, F.A.C. Upon receipt of an order of suspension, the responsible entity shall immediately cease all construction activities unless otherwise directed by the Department.

(3) The following factors shall be considered in determining whether to suspend or revoke a permit or other authorization:

(a) The severity of the conduct;

(b) The danger to the public created or caused by the conduct; and,

(c) Attempts by the responsible entity to correct or prevent violations, or the refusal or failure of the responsible entity to take reasonable measures to correct or prevent violations.

(4) Responsible entities whose permits have been suspended shall have up to 60 days to submit a written plan to correct the deficiencies that resulted in the suspension. The Department shall review the deficiency plan within 60 days of receipt and advise the responsible entity of whether it is acceptable and take action as follows:

(a) If the Department determines that the plan for corrective action is adequate, the Department will withdraw the suspension and direct the responsible entity to proceed with the construction, or

(b) If the Department determines that the plan for corrective action is inadequate, the Department shall revoke the permit.

(5) Before revoking or suspending a permit, the Department shall give written notice to the responsible entity. The notice shall specify the provision of the law, or rule or permit condition alleged to be violated, and the facts alleged to constitute a violation thereof. Within 21 days of receipt of notification, the responsible entity may petition for an administrative hearing under sections 120.569 and 120.57, F.S.

(6) Following the Department's final order upholding revocation, the responsible entity shall remove the structure. All removals, mandated or voluntary, shall be conducted pursuant to the following:

(a) The responsible entity shall remove all debris and structural material, including fabric from geotextile containers, from the site and deposit offsite, as determined by the Department. To the extent possible, removal of failed structures will take place outside the nesting season for nesting state or federally threatened or endangered species, and nesting marine turtles, unless it is determined by the Department to be less harmful to the species to remove the structures and debris during nesting season.

(b) The responsible entity shall restore beach-dune contours to a condition appropriate to the beach-dune system.

(c) The responsible entity shall revegetate the area disturbed by removal of the dune core structure by reestablishing native beach-dune vegetation indigenous to the area consistent with other siting and design criteria of rule 62B-56.030, F.A.C.; and,

(d) The responsible entity shall notify the Department within 14 days of the completion of removal, restoration and revegetation activities.

(7) Permits that have been revoked shall be returned to the Department within 30 days after the official notification.

Notes

Fla. Admin. Code Ann. R. 62B-56.160

Rulemaking Authority 161.053(20), 161.085(5) FS. Law Implemented 120.60, 161.053(6), 161.085(9) FS.

New 6-22-09.

New 6-22-09.