Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-330 - ENVIRONMENTAL RESOURCE PERMITTING › Section 62-330.075 - Additional Requirements and Procedures for Concurrent Review of Related Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) A single
				application shall be submitted and reviewed for activities that require both an
				individual permit under this chapter and a proprietary authorization under
				Chapter 253 or 258, F.S., to use state-owned submerged lands. In such cases,
				the application shall not be deemed complete, and the timeframes for approval
				or denial shall not commence, until all information required by applicable
				provisions of Part IV of Chapter 373, F.S., and proprietary authorization under
				Chapter 253 or 258, F.S., and rules adopted thereunder for both the
				environmental resource permit and the proprietary authorization is
				received.
(2) No application under
				this section shall be approved until all the requirements of applicable
				provisions of Part IV of Chapter 373, F.S., and proprietary authorization under
				Chapter 253 or 258, F.S., and rules adopted thereunder for both the individual
				permit and the proprietary authorization are met. The approval shall be subject
				to all conditions of the regulatory permit and proprietary authorization, and
				any additional conditions imposed by such statutes or rules.
(3) For an application reviewed under this
				section for which a request for proprietary authorization to use state-owned
				submerged lands has been delegated to the Agency to take final action without
				action by the Board of Trustees of the Internal Improvement Trust Fund, the
				Agency shall issue a consolidated notice of intent to issue or deny the
				individual permit and the proprietary authorization within 60 days of receiving
				a complete application under this section. Waiving or tolling the timeframes
				for final action on the application under this section shall constitute a
				waiver or tolling of the timeframes for final action on the individual or
				conceptual approval permit application.
(4) For an application reviewed under this
				section for which the request for proprietary authorization to use state-owned
				submerged lands has not been delegated to the Agency to take final action
				without action by the Board of Trustees of the Internal Improvement Trust Fund,
				the application shall be reviewed and final agency action taken in accordance
				with the procedures in Sections
				 373.427(2)(a) through
				(c), F.S. The recommended consolidated
				intent, as required in Section
				 373.427(2)(a),
				F.S., shall be considered issued when the Agency submits it for publication on
				the Board of Trustees' agenda, and releases it to the applicant and to any
				person to whom notice is required under Rule
				 62-330.090, F.A.C.
(5) Upon the issuance of the consolidated
				notice or recommended consolidated notice of intent to issue or deny pursuant
				to subsection (4), above, the Agency shall be deemed to be in compliance with
				the timeframes for approval or denial in Section
				 120.60(1), F.S.
				Failure to satisfy these timeframes shall not result in approval by default of
				the application to use state-owned submerged lands. Also, if an administrative
				proceeding under Sections
				 120.569 and
				 120.57, F.S., is properly
				requested on both the individual or conceptual approval permit and the
				proprietary authorization under this section, the review shall be conducted as
				a single consolidated administrative proceeding, and final agency action shall
				not be taken on either authorization until the administrative proceeding is
				concluded.
(6) Appellate review of
				any consolidated order under this section is governed by Section
				 373.4275, F.S.
(7) For an activity requiring a permit under
				Section  161.041, F.S., and an individual
				or conceptual approval permit under this chapter, a joint coastal permit shall
				be required, as provided in Chapter 62B-49, F.A.C., in place of the individual
				or conceptual approval permit under this chapter.
(8) This section shall be applicable to all
				applications for individual or conceptual approval permits under this chapter,
				and proprietary authorizations under Chapter 253 or 258, F.S., to use
				state-owned submerged lands, that are received by the Agency after October 1,
				2013. If an applicant requests that its application for an individual or
				conceptual approval permit under this chapter, and proprietary authorizations
				under Chapter 253 or 258, F.S., to use state-owned submerged lands, received
				prior to October 1, 2013, be processed under this rule, such request shall be
				granted if the applications for both are incomplete as of October 1,
				2013.
(9) Nothing in this section
				shall be construed to limit an applicant's ability to make separate
				applications for stages, phases, or portions of a project separate from an
				activity requiring both a proprietary authorization under Chapter 253 or 258,
				F.S., and an individual or conceptual approval permit under this
				chapter.
Rulemaking Authority
					 161.055,
					 253.03(7),
					 253.77,
					 258.43,
					 373.026,
					 373.043,
					 373.044,
					 373.4131,
					 373.418,
					 373.427,
					 403.805(1) FS.
					 Law Implemented  120.60,
					  161.041,
					  161.055,
					  253.03,
					  253.77,
					  258.42,
					  258.43,
					  373.026,
					  373.413,
					  373.4131,
					  373.416,
					  373.427,
					  373.4275 FS.
New 10-1-13, Amended
					 6-1-18.