reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.0055 - Protection of Marine Turtles

Current through Reg. 50, No. 138; July 16, 2024
(1) Any
				application for a permit under this chapter for coastal construction that
				affects marine turtles shall be subject to conditions and requirements for
				marine turtle protection as part of the permitting process, pursuant to Section
				 379.2431, F.S.
(2) Beach restoration, nourishment and
				mechanical sand bypassing projects shall be designed to provide habitat which
				is suitable for successful marine turtle nesting activity.
(3) The Department shall require appropriate
				measures to protect marine turtles and their habitat such as: nest surveys,
				nest relocation, nest marking, modification of coastal construction, measures
				to reduce sand compaction, and short and long term monitoring to assess the
				impacts of the permitted coastal construction on marine turtles and their
				habitat.
(4) In order to provide
				protection to marine turtles and their habitat, beach restoration, nourishment
				and mechanical sand bypassing activities which are in compliance with other
				provisions of this chapter may be constructed during the main portion of the
				marine turtle nesting season (15 May through 15 October) if:
(a) The Department determines that
				appropriate measures to protect marine turtles and their habitat, such as nest
				surveys, nest relocation, nest marking, modification of coastal construction
				and measures to reduce sand compaction are to be used; and,
(b) The Department determines that sufficient
				justification to conduct the coastal construction during the main portion of
				the marine turtle nesting season has been provided. Such justification for
				purposes of this rule includes:
1. Economic,
				technological, environmental, and public health, safety and welfare factors,
				or
2. A determination that the
				habitat within the area of the coastal construction does not support successful
				marine turtle nesting activity due to beach profile and substrate
				characteristics, or
3. A nest
				relocation program exists within the area of the coastal construction permitted
				by the Department for marine turtle protection reasons unrelated to the
				proposed coastal construction pursuant to the provisions of Chapter 62R-1,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.007 - Design, Siting and Other Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The following requirements must be met
				before a permit will be approved by the Department:
(a) All coastal construction shall be sited
				and designed so as to minimize any expected adverse impact to the coastal
				system, marine turtles and adjacent property and structures and be consistent
				with this chapter.
(b) New coastal
				armoring structures and major reconstruction of existing structures shall be
				sited and designed to:
1. Provide only that
				level of protection authorized herein. For nonconforming habitable major
				structures, protection may be provided for the erosion impacts of up to a
				10-year return interval storm event. When closing the gap in a line of existing
				armoring of 250 feet or less, protection may be provided for the erosion
				impacts of the lesser of the strengths of the adjacent armoring structures or a
				15-year event, whichever is less. For other eligible structures, protection may
				be provided from the erosion impacts of up to a 25-year return interval storm
				event. Designated hurricane evacuation routes, public safety facilities and
				historical sites of national significance may be provided protection of up to a
				50-year return interval storm event, if feasible,
2. Be located as close to the structure to be
				protected as possible, considering available construction techniques and
				engineering practices,
3. Be
				located so its construction and presence will not cause adverse impacts on the
				adjacent property, as a result of normal tide, wave and sediment
				processes,
4. Be the least
				impactive siting and design possible which provides the authorized level of
				protection; and,
5. Not result in
				the loss of lateral public beach access.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.0075 - Experimental Coastal Construction

Current through Reg. 50, No. 138; July 16, 2024
(1) Permit
				applications for experimental coastal construction involving new technologies
				shall be reviewed in accordance with all applicable provisions of this chapter
				and the following special criteria:
(a) The
				proposed location must be in an erosion area as identified in the Department's
				Beach Restoration Management Plan.
(b) The proposed location must be properly
				suited for a non-biased comprehensive analysis of the results of the proposed
				coastal construction and must include sufficient control sites where
				comparative monitoring data can be obtained which is not influenced by the
				proposed new technology.
(c) The
				proposed location must be situated in an area which is not considered to be an
				environmentally sensitive area by the Department.
(d) The project must be supported by adequate
				scientific, engineering and design theory or experimental data demonstrating
				that it has the potential to provide a positive benefit to the coastal system
				and is not expected to result in a significant adverse impact. The size and
				scope of the field test shall not exceed that necessary to adequately address
				the test plan objective. The requirement for supporting experimental data shall
				be waived by the Department if it finds that the proposed project has minimal
				potential for adverse impact.
(e)
				Requests for permits under this rule must be presented by a riparian property
				owner or governmental entity.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-41 - RULES AND PROCEDURES FOR APPLICATION FOR COASTAL CONSTRUCTION PERMITS › Section 62B-41.013 - Revisions or Modifications of Approved Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications for revisions or
				modifications to existing permits shall be processed in the same manner as a
				new permit except that items required by Rule
				 62B-41.008, F.A.C., which have
				already been furnished to the Department shall be waived unless the staff
				determines the data to be out-of-date or inadequate to complete the
				assessment.
(2) Revisions or
				modifications to existing permits will not result in a change to the authorized
				time limit of the permit.
(3) Major
				revisions or modifications are those which are of such magnitude or nature that
				they are expected to increase the potential for adverse impact and include:
(a) Changes in project purpose, construction
				materials, design concept, size or siting of the permitted structures or
				activities;
(b) Addition or
				elimination of permitted structures or activities;
(c) Removal of existing structures; and,
(d) A seaward advancement of the
				project.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.001 - Scope

Current through Reg. 50, No. 138; July 16, 2024
This chapter implements the provisions of Sections
				   161.055 and
				   373.427, F.S., by combining the
				  regulatory requirements of the coastal construction program (Section
				   161.041, F.S.) with the
				  environmental resource permit program (Part IV of Chapter 373, F.S.) to
				  establish the joint coastal permit program. Activities that would have required
				  both a coastal construction permit and an environmental resource permit are now
				  authorized by a single joint coastal permit. In addition, this chapter provides
				  for concurrent review of any activity requiring a joint coastal permit that
				  also requires a proprietary authorization for use of sovereign submerged lands
				  owned by the Board of Trustees of the Internal Improvement Trust Fund. This
				  chapter also establishes procedures for processing applications for joint
				  coastal permits and the linked proprietary authorizations. When applying for a
				  joint coastal permit, in the event that there is a conflict between the
				  procedural requirements of this chapter and other procedural rules promulgated
				  pursuant to the referenced statutes, then this chapter shall govern. The
				  standards and criteria for issuance of joint coastal permits include the
				  criteria for an environmental resource permit pursuant to Chapter 62-330,
				  F.A.C., the coastal construction criteria pursuant to Chapter 62B-41, F.A.C.,
				  and any specific criteria for issuance of a joint coastal permit listed in this
				  chapter. The criteria for the associated proprietary authorizations are found
				  in Chapters 18-18, 18-20, and 18-21, F.A.C.
Rulemaking Authority
					 161.055(1),
					 (2),
					 373.427(1) FS.
					 Law Implemented 161.055(1), (2),
					 (3),
					 373.427(1), (2), (3),
					 (4)
					 FS.
New 10-12-95, Amended 2-19-98, 5-17-07,
					 11-19-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.003 - Policy (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.055,
					 373.427 FS. Law Implemented
					 161.041,
					 161.055,
					 373.427
					 FS.
New 10-12-95, Amended 2-19-98, 5-17-07, Repealed
					 2-16-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.004 - Consultation (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.055,
					 373.427 FS. Law Implemented
					 161.041,
					 161.055,
					 373.427
					 FS.
New 10-12-95, Amended 2-19-98, 5-17-07, Repealed
					 11-19-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.005 - Application Requirements and Processing Procedures

Current through Reg. 50, No. 138; July 16, 2024
(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.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.0055 - Expedited Permitting Process for Maintenance Projects

Current through Reg. 50, No. 138; July 16, 2024
(1) Beach nourishment and inlet management
				projects that are constructed and maintained with no substantial changes in
				project scope are eligible for a simplified and expedited permitting process
				under the following criteria:
(a) Physical
				and biological site conditions have not changed since the previously permitted
				construction of the proposed project such that the project, permitted pursuant
				to this section, would not result in a violation of water quality standards or
				additional adverse impacts greater than those anticipated by the previous
				permitted project;
(b) Physical
				monitoring data and analysis have shown the project has performed according to
				design expectations;
(c) The
				project has met performance expectations, with due regard for storm impacts, by
				maintaining the beach restoration or inlet management project through the
				design nourishment interval or inlet maintenance cycle;
(d) The advance nourishment fill volume for
				the proposed project is not greater than the advanced nourishment fill volume
				authorized in the preceding permit;
(e) Biological monitoring data and analysis
				have detected no additional adverse impacts which have resulted in a compliance
				and enforcement action; and,
(f)
				The applicant has conducted and submitted to the Department all the physical
				and biological monitoring data and analysis, as well as mitigation required by
				permits for the preceding project.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.006 - Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Each application for a joint coastal
				permit, except those applications filed by the U.S. Army Corps of Engineers and
				the Department, shall be accompanied by the full application fee which is based
				on the sum of fees required in Rules
				 62-4.050,
				 62B-41.0085,
				 18-21.008,
				 18-21.009, and
				 18-21.010, F.A.C. Fees assessed
				pursuant to these rules are not refundable, except fees received for an
				activity that is exempt and fee payments in excess of the amount required by
				these chapters. 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. All fees submitted will be verified for
				accuracy by Department staff.
(2)
				When an application is received without the required fee, or with a fee that is
				less than the amount required, the Department shall begin processing the
				application. The Department shall calculate the full application fee based upon
				the information submitted, and notify the applicant of the calculated fee in a
				RAI. If the applicant fails to remit the calculated processing fee within 45
				days of the subsequent response (or partial response) to the RAI, the
				Department shall deny the application pursuant to Section
				 373.109, F.S.
(3) The cost for publishing public notice of
				receipt of the application and public notice of intended agency action, as
				described in subsection
				 62B-49.005(8),
				F.A.C., shall be borne by the applicant.
(4) In addition to application fees,
				severance fees, private easement fees and lease fees shall be paid prior to
				receipt of notice to proceed.
Rulemaking Authority
					  161.0535,
					  161.055(1),
					 (2),
					 373.427(1) FS.
					 Law Implemented 161.0535,
					 161.055(1),
					 (2),
					  373.109,
					  373.427(5) 
					 FS.
New 10-12-95, Amended 2-19-98, 5-17-07,
					 11-19-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.007 - After-the-Fact Permits and Authorizations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.054,
					 161.055,
					 161.061,
					 373.427 FS. Law Implemented
					 161.041,
					 161.0535,
					 161.055,
					 161.061,
					 373.427
					 FS.
New 10-12-95, Amended 2-19-98, Repealed
					 5-17-07.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.009 - Emergency Permitting Procedures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.055,
					 373.427 FS. Law Implemented
					 120.569,
					 161.041,
					 161.055,
					 373.427
					 FS.
New 10-12-95, Amended 2-19-98, Repealed
					 5-17-07.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.010 - Transfer of Permits and Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) A permit and proprietary authorization
				are issued to a specified applicant and are not valid for any other person
				unless formally transferred. A permittee must make application to the
				Department for a transfer of the permit and sovereignty submerged lands
				authorization upon the transfer of ownership or control of the real property or
				the sale or legal transfer of a permitted facility to a new party. Payment of a
				fee as set forth in Rule
				 62B-49.006, F.A.C., shall be
				required. Until such transfer takes place the original permittee remains
				responsible for the terms and conditions of the permit and the authorization,
				if applicable. An application for transfer shall include a signed written
				request for the transfer by the transferor. The application shall also include
				a signed written request for the transfer by the transferee, which includes the
				name, address and phone number of the transferee along with proof of ownership
				or authorization to use the property, and a signed certificate by the
				transferee acknowledging acceptance of responsibility as provided in this
				chapter. A permit and an authorization shall not be transferred after
				expiration.
(2) The transferee
				shall comply with all the terms and conditions specified in the permit and the
				authorization as referenced in this chapter.
(3) If a financial assurance was previously
				required, the Department will release the financial assurance instrument from
				the previous permittee once it has received a new financial assurance
				instrument from the new permittee.
(4) If the conditions of subsections (1)-(3),
				above, are satisfied, the Department shall approve the transfer. The Department
				must approve a transfer before the transferee may commence or continue any
				work.
Rulemaking Authority
					 161.055(2),
					 373.427(1) FS.
					 Law Implemented 161.055(1), (2),
					 (3),
					 373.427(1), (2), (4),
					 (5)
					 FS.
New 10-12-95, Amended 2-19-98, 5-17-07,
					 11-19-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.011 - Time Limits on Permits and Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) Joint coastal permits shall be issued
				with the following durations:
(a) Unless a
				shorter duration is requested by an applicant, a joint coastal permit issued
				for activities authorized by Section
				 161.041(9),
				F.S., and Part IV of Chapter 373, F.S., will allow for two maintenance or
				dredging disposal events or a permit life of 15 years, whichever is greater,
				subject to the requirements of this chapter. The Department shall grant an
				extension of the permit expiration date to the extent necessary for completion
				of the second maintenance or dredging disposal event upon request by the
				applicant. The extension would be documented through an administrative
				modification.
(b) Three (3) years
				for experimental coastal construction, pursuant to Chapter 62B-41, F.A.C.;
				and,
(c) Five (5) years for the
				construction phase and perpetual operation and maintenance phase, pursuant to
				Section  373.416, F.S., for sand transfer
				plants, ocean fishing piers, and mitigation for erosion from erosion control
				structures that require long-term operation and
				maintenance.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-49 - JOINT COASTAL PERMITS AND CONCURRENT PROCESSING OF PROPRIETARY AUTHORIZATIONS › Section 62B-49.012 - Suspension and Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following shall be grounds for suspension or revocation of a permit:
(a) False, misleading or inaccurate
				information on the application, reports or other documentation has been
				submitted to the Department, or
(b)
				Section 161.041, Chapter 253, or Part IV of Chapter 373, F.S., or Chapters
				18-18, 18-20, 18-21, 62-302, 62-330, 62-4, or 62B-41, F.A.C., as applicable,
				have been violated.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-54 - ADMINISTRATIVE FINES AND DAMAGE LIABILITY › Section 62B-54.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Department" is the Florida Department of
				Environmental Protection. The head of the Department is the
				Secretary.
(2) "Grossly negligent"
				violations are acts or omissions characterized by the failure to perform a
				manifest duty in reckless disregard of the consequences.
(3) "Harm to Resource" is an actual or
				potential impact, whether direct or indirect, short or long term, which is
				expected to occur as a result of construction and is defined as follows:
(a) "Minor Harm to Resource" is an impact
				associated with construction which is not an adverse impact due to its
				magnitude or temporary nature. Minor impacts include all administrative
				infractions.
(b) "Moderate Harm to
				Resource" is characterized by adverse impacts and other impacts as defined in
				Chapters 62B-33 and 62B-41, F.A.C., as appropriate.
(c) "Major Harm to Resource" is characterized
				by significant adverse impacts and other impacts as defined in Chapters 62B-33
				and 62B-41, F.A.C., as appropriate.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-54 - ADMINISTRATIVE FINES AND DAMAGE LIABILITY › Section 62B-54.002 - Determination of Fines

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall assess fines for willful violations of, or refusing to comply with,
				Sections  161.041,
				 161.052, and
				 161.053, F.S., or any rule or
				order prescribed by the Department thereunder. The fine amount shall be
				sufficient to ensure immediate and continued compliance with the provisions of
				Sections  161.041,
				 161.052, and
				 161.053, F.S., and be consistent
				with the following table:
HARM TO RESOURCE or POTENTIAL FOR HARM
FINE RANGE
Major
$5,000.00 - $10,000.00
Moderate
$1,000.00 - $5,000.00
Minor
0 - $1,000.00
(2)
				Each day during any portion of which a violation occurs or continues to occur
				hereunder constitutes a separate offense. Multi-day fines will compound
				beginning on the date of receipt of the Department's warning notice.
(3) In determining the actual fine within the
				range, the Department shall consider the offender's past violations, if any,
				and other aggravating or mitigating circumstances. Aggravating circumstances
				include but are not limited to prior knowledge of rules, or willful or knowing
				violation of department orders; while mitigating circumstance include but are
				not limited to events during an emergency situation in which activities are
				performed to alleviate imminent collapse or undermining of a structure without
				obtaining a permit, or obtaining a local permit for activities and not a
				department permit.
Rulemaking Authority
					 161.052,
					 161.053,
					 161.054 FS. Law Implemented
					 161.052,
					 161.053,
					 161.054
					 FS.
New 3-20-00, Amended
					 4-30-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-54 - ADMINISTRATIVE FINES AND DAMAGE LIABILITY › Section 62B-54.003 - Determination of Damages

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall assess damages for grossly negligent or knowing violations of Sections
				 161.041,
				 161.052, or
				 161.053, F.S., or any rule or
				order prescribed by the Department thereunder, which result in harm to
				sovereignty lands seaward of mean high water or to beaches, shores, or coastal
				or beach-dune system(s), including animal, plant, or aquatic life thereon. In
				accordance with Section
				 161.054(4),
				F.S., the damage amount shall be sufficient to ensure immediate and continued
				compliance with the provisions of Sections
				 161.041,
				 161.052, and
				 161.053, F.S., and be consistent
				with the following table:
CULPABILITY
HARM TO RESOURCE
Gross Negligence
Knowing
Major
$1,000.00 minimum
$5,000.00 minimum
Moderate
$500.00 minimum
$1,000.00 minimum
Minor
$250.00 minimum
$250.00 minimum
(2)
				Damages in amounts greater than the minimum amounts provided above may be
				assessed. When determining the amount of damages sufficient to ensure the
				immediate and continued compliance with the provisions of Sections
				 161.041,
				 161.052, and
				 161.053, F.S., the Department
				shall consider:
(a) The lost or diminished
				ability to protect upland structures and property from wind and water damage
				resulting from storms;
(b) The lost
				or diminished opportunities for recreational use;
(c) The need for restoration; and,
(d) The damaged ecological
				resource.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-54 - ADMINISTRATIVE FINES AND DAMAGE LIABILITY › Section 62B-54.004 - Imposition and Collection of Fines and Damages

Current through Reg. 50, No. 138; July 16, 2024
(1) The provisions of Rules
				 62B-54.002 and
				 62B-54.003, F.A.C., are not
				mutually exclusive and may be utilized concurrently.
(2) Fines and damages shall be imposed and
				collected by the Department pursuant to Sections
				 161.052,
				 161.053, and
				 161.054, F.S., and the Florida
				Administrative Procedures Act, Chapter 120, F.S. Nothing in this rule chapter
				shall be construed to preclude the Department from bringing suits or taking
				action as is otherwise lawfully authorized including directing appropriate
				restoration activities against any person or the agent of any person who has
				been found to have violated the provisions of Chapter 161, F.S.
(3) Upon discovery of a violation, the
				Secretary of the Department or his/her designee shall issue a notice to
				suspected and known violators giving notice of the violation. Such notice shall
				be served on the violator by certified mail, return receipt requested; actual
				delivery; or by personal service; and shall identify the provision of law or
				rule alleged to have been violated. The notice shall include a brief statement
				of the facts constituting the alleged violation.
(4) Upon determination that the violation is
				considered a minor violation pursuant to Section
				 120.695(2)(b),
				F.S., the Department shall issue a notice of noncompliance as a first response
				to that minor violation.
(5) Upon
				determination that a fine or assessment of damage is warranted, the Secretary
				of the Department or his/her designee shall issue a final order to the violator
				demanding payment to the Ecosystem Management and Restoration Trust Fund within
				21 days of receipt. If payment is not received by the Department within such 21
				day period the fine shall become a lien upon the real and personal property of
				the violator, enforceable by the Department as a statutory lien pursuant to
				Section  161.054,
				F.S.
Rulemaking Authority
					 161.052,
					 161.053,
					 161.054 FS. Law Implemented
					 161.052,
					 161.053,
					 161.054
					 FS.
New 3-20-00.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.001 - Purpose and Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.163 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.001, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Artificial light" or "artificial
				lighting" means the light emanating from any human-made device.
(2) "Beach" means the zone of unconsolidated
				material that extends landward from the mean low water line to the place where
				there is a marked change in material or physiographic form, or to the line of
				permanent vegetation, usually the effective limit of storm waves.
(3) "Local government" means any county
				listed in Rule  62B-55.003, F.A.C., and any
				municipality, community development district, or special taxing district within
				those counties.
(4) "Marine turtle"
				is any turtle, including all life stages from egg to adult, of the species
Caretta caretta
(loggerhead),
Chelonia mydas
(green),
Dermochelys coriacea
(leatherback),
Eretmochelys imbricata
(hawksbill), and
Lepidochelys
				kempi
(Kemp's ridley). For purposes of this rule, marine turtle is
				synonymous with sea turtle.
Rulemaking Authority
					 161.163 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.002, Amended
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.003 - Marine Turtle Nesting Areas

Current through Reg. 50, No. 138; July 16, 2024
Scientific investigations have demonstrated that marine
				  turtles can nest along the entire coastline of the state. Historical data are
				  not sufficient to exclude any county as an area utilized by marine turtles for
				  nesting. For the purposes of this rule, however, the coastal areas of the state
				  utilized, or likely to be utilized, by marine turtles for nesting include all
				  beaches adjoining the waters of the Atlantic Ocean, the Gulf of Mexico, and the
				  Straits of Florida and located within Bay, Brevard, Broward, Charlotte,
				  Collier, Dade, Duval, Escambia, Flagler, Franklin, Gulf, Indian River, Lee,
				  Manatee, Martin, Monroe, Nassau, Okaloosa, Palm Beach, Pinellas, St. Johns, St.
				  Lucie, Santa Rosa, Sarasota, Volusia, and Walton Counties; and all inlet
				  shorelines of those beaches.
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly
					 16B-55.003.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.004 - General Guidance to Local Governments

Current through Reg. 50, No. 138; July 16, 2024
The State of Florida Model Lighting Ordinance for Sea Turtle
				  Protection effective December 15, 2020, which is hereby adopted and
				  incorporated by reference and is available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-12398
and
https://floridadep.gov/rcp/beaches
,
				  provides guidelines for local government regulations that control artificial
				  lighting to protect sea turtles.
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.004, Amended
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.005 - Prohibition of Activities Disruptive to Marine Turtles (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.005, Repealed
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.006 - Model Standards for New Beachfront Lighting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.006, Repealed
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.007 - Model Standards For Existing Beachfront Lighting (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.007, Repealed
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.008 - Proposed Enforcement and Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.008, Repealed
					 12-15-20.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-55 - MODEL LIGHTING ORDINANCE FOR MARINE TURTLE PROTECTION › Section 62B-55.009 - Monitoring and Reporting Guidance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.63 FS. Law Implemented
					 161.163
					 FS.
New 3-30-93, Formerly 16B-55.009, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.010 - Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.053(20),
					 161.085(5) FS.
					 Law Implemented 161.053(2),
					 (4),
					 161.085(9)
					 FS.
New 6-22-09, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.030 - Permit Criteria for Construction

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Department shall issue a permit for a reconstructed dune after it
				determines the applicant meets the following conditions:
(a) The proposed reconstructed dune must
				provide for the protection of an existing vulnerable structure or a structure
				that is upland of a beach-dune system that has experienced significant beach
				erosion.
1. Vulnerability shall be certified
				by a professional engineer licensed in the State of Florida through one of the
				following methods:
a. Frequent coastal storm
				vulnerability test using:
(i) The report
				entitled "Erosion Due to High Frequency Storm Events, " by the University of
				Florida, dated November 22, 1995, which is incorporated herein by reference. A
				copy of this document may be obtained by writing to the Department of
				Environmental Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida
				32399-2400; or at the following web site:
www.dep.state.fl.us/beaches
,
				or
(ii) Application of the SBEACH
				(Storm-induced BEAch CHange), a numerical simulation model for predicting dune
				erosion or other similar models recognized by the coastal engineering
				profession, using the storm surge elevations of a 25-year storm event, as
				determined by the Department and provided in the above referenced report
				entitled "Erosion Due to High Frequency Storm Events."
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.040 - Consultations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 161.053(20),
					 161.085(5) FS.
					 Law Implemented 161.085(9)
					 FS.
New 6-22-09, Repealed
					 11-26-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.060 - Electronic Submittal

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				requests that:
(a) Complete permit
				applications be submitted on writeable CD media, clearly labeled and protected
				within a case or sleeve.
(b)
				Digital files be submitted in Adobe Acrobat Portable Document Format (PDF),
				Version 7.0 or higher.
(c) No
				single electronic document exceed five megabytes in file size.
(d) The CD include an index of file contents,
				referenced to the items on the permit application and given a distinct,
				identifiable name.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.070 - Public Comment and Noticing Requirements and Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Within fourteen days of the Department
				receiving an application for a reconstructed dune permit, the applicant shall
				publish a notice requesting public comment in a newspaper of general
				circulation in the area affected by the proposed reconstructed dune. The public
				comment request shall include the file number, the name of the applicant, the
				address where the proposed project is located, a description of the project,
				and a statement directing comments to the Florida Department of Environmental
				Protection, 2600 Blairstone Road, MS 3522, Tallahassee, Florida 32399-2400. A
				copy of an example notice can be obtained by contacting the Bureau at the above
				address.
(2) Within fourteen days
				of the Department taking action to issue or deny the permit, the applicant
				shall publish a notice of the agency's action in a newspaper of general
				circulation in the area affected by the proposed reconstructed dune. The public
				notice shall include the permit number, the name of the applicant, the address
				where the proposed project is located, and shall include rights under section
				 120.57, F.S.
(3) Proof of all publications must be
				provided to the Bureau in the form of a "tear sheet" (not a photocopy), i.e.,
				the entire page must be torn from the newspaper showing the masthead of the
				newspaper along with the notice.
(4) Failure to publish any notice of
				application, or agency action required by the Department shall be an
				independent basis for the denial of the permit or other pertinent approval or
				authorization. The applicant shall submit proof of notice of agency action to
				the Department prior to issuance of the Notice to Proceed with construction
				authorized under the permit.
(5)
				Following issuance of the approved permit, the applicant shall record the
				permit and all conditions in the public record of the county where the
				permitted activity is located. The permit shall cross reference the recorded
				property deed, using business or person's name, the year that it was recorded,
				document number, and the official record book, page and parcel
				number.
(6) The applicant shall
				submit proof of recording of the permit and permit conditions to the Department
				prior to issuance of the Notice to Proceed with construction authorized under
				the permit.
Rulemaking Authority
					 161.053(20),
					 161.0535,
					 161.085(5) FS.
					 Law Implemented 120.60,
					 161.0535
					 FS.
New 6-22-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.100 - Duration of Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) Unless revoked
				or otherwise modified, the duration of the construction and maintenance phases
				of this permit are as follows:
(a) The
				construction phase shall be no more than two years after issuance of
				permit.
(b) The maintenance phase
				shall be perpetual for the life of the permitted structure.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.110 - Permit Modifications

Current through Reg. 50, No. 138; July 16, 2024
(1) Requests for
				major permit modifications, including additions, revisions, or structural
				modifications of the permitted project or activities, shall be reviewed and
				processed in the same manner as the initial application.
(2) Minor modifications shall be reviewed and
				shall meet the requirements of chapter 62B-56, F.A.C., applicable to the
				modification request; however they shall not be subject to the noticing
				requirements contained in rule
				 62B-56.070, F.A.C., and they
				will not restart the 90 day period as described in subsection
				 62B-56.050(7),
				F.A.C.
(3) Modifications shall be
				charged a fee pursuant to rule
				 62B-56.130, F.A.C., and subject
				to rule  62B-56.090,
				F.A.C.
Rulemaking Authority
					 161.053(20),
					 161.085(5) FS.
					 Law Implemented 120.60,
					 161.053(4),
					 161.085(9)
					 FS.
New 6-22-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62B - Beaches and Coastal Systems › Chapter 62B-56 - BUREAU OF BEACHES AND COASTAL SYSTEMS - RULES AND PROCEDURES FOR USING SAND-FILLED GEOTEXTILE DUNE CORES (PERMITS FOR CONSTRUCTION AND MAINTENANCE) › Section 62B-56.120 - Permit Transfers

Current through Reg. 50, No. 138; July 16, 2024
(1) Permits issued
				to the applicant are not valid for any other person unless
				transferred.
(2) At least 30 days
				prior to any transfer of ownership or control of the land on which the
				reconstructed dune is located or where any permitted activity is located, the
				responsible entity shall submit an executed Form
				 62B-56.900(5),
				entitled "Permit Transfer Agreement" (effective date 6-22-09), which is
				incorporated by reference. Copies of forms may be obtained by writing to the
				Department of Environmental Protection, 2600 Blairstone Road, MS 3522,
				Tallahassee, Florida 32399-2400; or at the following website:
www.dep.state.fl.us/beaches
.
				This form must contain original signatures of both the current and the proposed
				responsible entity. The submittal must include the permit transfer fee
				specified in rule  62B-56.130, F.A.C.
(3) The proposed responsible entity must meet
				the definition of a responsible entity, as provided in rules
				 62B-56.020 and
				 62B-56.050, F.A.C.
(4) The Department shall approve a request
				for transfer of a permit after it determines that the proposed responsible
				entity meets the requirements of chapter 62B-56, F.A.C., and if applicable, the
				terms and conditions of the existing permit, including the financial assurances
				required under rule  62B-56.090, F.A.C. If the
				Department proposes to deny the transfer, it shall provide both the current and
				proposed responsible entities a written notice of denial of such transfer,
				which will include the reasons for the denial.
(5) Until a transfer is approved by the
				Department, the permittee is the responsible entity and shall be liable for
				compliance with the terms and conditions of the permit, and shall be liable for
				any corrective actions required because of any violations of the permit prior
				to the approval of the transfer by the Department.
(6) Once the request to transfer the permit
				has been approved by the Department, the new responsible entity shall be liable
				for compliance with all the terms and conditions of the permit.
(7) A copy of the transfer notification shall
				be displayed on the construction site along with the permit where construction
				has not been completed. An expired construction permit shall not be
				transferred.
Rulemaking Authority
					 161.053(20),
					 161.085(5) FS.
					 Law Implemented 120.60,
					 161.053(2),
					 (4),
					 161.085(9)
					 FS.
New 6-22-09.