Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.00401 - 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 in accordance with chapter 62-330,
				F.A.C., using the Application for Individual and Conceptual Approval
				Environmental Resource Permit and Authorization to Use State-Owned Submerged
				Lands, " Form No.  62-330.060(1) 
				incorporated by reference in rule
				 62-330.060, F.A.C., for
				activities that require both: a proprietary authorization under chapter 253 or
				258, F.S., to use sovereign submerged lands; and an environmental resource
				permit under part IV of chapter 373, F.S. 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 section
				161.041, part IV of chapter 373, and chapters 253 and 258, F.S., and rules
				adopted thereunder for both the proprietary authorization and the environmental
				resource permit is received.
(2) No
				application under this section shall be approved until all the requirements of
				applicable provisions of section 161.041, part IV of chapters 373, 253 and 258,
				F.S., and rules adopted thereunder, for the proprietary authorization and the
				environmental resource permit are met. The concurrent approval shall be subject
				to all conditions imposed by such rules.
(3) For an application reviewed under this
				section for which a request for proprietary authorization to use sovereign
				submerged lands has been delegated to the Department or a water management
				district to take final action without action by the Board, the Department or
				water management district shall issue a consolidated notice of intent to issue
				or deny the proprietary authorization and the environmental resource permit
				within 60 days of receiving a complete application. Waiving or tolling the
				timeframes for final action under this section shall constitute a waiver or
				tolling of the timeframes for final action on the environmental resource
				permit.
(4) For an application
				reviewed under this section for which the request for proprietary authorization
				to use sovereign submerged lands has not been delegated to the Department or a
				water management district to take final action without action by the Board, the
				application shall be reviewed and final agency action taken in accordance with
				the procedures in sections
				 373.427(2)(a)-(c),
				F.S.
(5) Upon the issuance of the
				consolidated notice of intent to issue or deny, or upon issuance of the
				recommended consolidated notice of intent to issue or deny pursuant to
				subsection (4), the Department or water management district 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 sovereign submerged lands. Also, if an administrative
				proceeding under section
				 120.57, F.S., is properly
				requested on both the proprietary authorization and the environmental resource
				permit under this section, the review shall be conducted as a single
				consolidated administrative proceeding. If an administrative proceeding under
				section  120.57, F.S., is properly
				requested on either the proprietary authorization or the environmental resource
				permit under this section, 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 the provisions of section
				 373.4275, F.S.
(7) For an activity requiring an individual
				permit under section  161.041, F.S., and an individual
				or general environmental resource permit under part IV of chapter 373, F.S., a
				joint coastal permit shall be required, as provided in chapter 62B-49, F.A.C.,
				in place of the above-noted permits.
(8) This section shall apply to all
				applications for proprietary authorizations under chapter 253 or 258, F.S., to
				use sovereign submerged lands, and individual or general environmental resource
				permit applications under part IV of chapter 373, F.S., that are received by
				the Department, Northwest Florida Water Management District, Suwannee River
				Water Management District, St. Johns River Water Management District, Southwest
				Florida Water Management District or South Florida Water Management District
				after the effective date of this rule section. If an applicant requests that
				its applications for proprietary authorization under chapter 253 or 258, F.S.,
				to use sovereign submerged lands, and an individual or general environmental
				resource permit under part IV of chapter 373, F.S., that are received prior to
				the effective date of this rule section, be processed under this rule section,
				such request shall be granted if the applications for both are incomplete at
				the time of the request.
(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 general environmental resource
				permit under part IV of chapter 373, F.S.
(10) The provisions of this section shall
				apply to the Department, Northwest Florida Water Management District, Suwannee
				River Water Management District, St. John's River Water Management District,
				Southwest Florida Water Management District and South Florida Water Management
				District when the Department or District is processing an individual or general
				environmental resource permit application under part IV of chapter 373, F.S.,
				which, under this section, also requires a proprietary authorization under
				chapter 253 or 258, F.S.
Rulemaking Authority
					 161.055,
					 253.03(7),
					 253.77,
					 258.43,
					 373.026,
					 373.043,
					 373.044,
					 373.418,
					 373.427 FS. Law Implemented
					  120.60,
					  161.041,
					  161.055,
					  253.03,
					  253.77,
					  258.42,
					  258.43,
					  373.026,
					  373.413,
					  373.414(11)-(16),
					  373.416,
					  373.427,
					  373.4275 FS.
New 10-12-95, Amended
					 3-21-19.