Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-23 - EMERGENCY RULE FOR YEAR 2023 › Section 62ER23-2 - Hurricane Restoration Reimbursement Grant Program

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter implements the Hurricane
				Restoration Reimbursement Grant Program, established pursuant to Sections 10
				and 12, Chapter 2022-272, L.O.F., to provide financial assistance to coastal
				homeowners for eligible costs related to sand placement, temporary coastal
				armoring, or permanent coastal armoring construction projects to remedy coastal
				beach erosion incurred as a result of preparation for or damage sustained from
				Hurricane Ian or Hurricane Nicole in 2022.
(2) For purposes of this rule, the term:
(a) "Eligible applicant" means the
				individual, corporation, trust, or other legal entity eligible to be a grantee.
				An agent may make application upon behalf of an applicant, but such agent is
				not the applicant, grantee, or otherwise eligible for reimbursement.
(b) "Department" means the Department of
				Environmental Protection.
(c)
				"Grantee" means an eligible applicant that is the recorded deeded landowner for
				the eligible residential property who has complied with all documentation
				requirements in paragraph (6)(b) of this rule and received a grant from the
				Department. For a residential condominium or cooperative that is not the
				recorded deeded landowner for the eligible residential property, such entity
				may only be a grantee if alternative evidence is submitted proving legal
				control over the eligible residential property as related to the eligible
				project. For properties sold after September 23, 2022, the grantee may be the
				individual, corporation, trust, or other legal entity that incurred eligible
				costs during the period in which that grantee owned the property.
(d) "Eligible costs" means construction costs
				associated with execution of an eligible project that have been incurred and
				for which the grantee has evidence of payment. Construction costs may include
				design, engineering, construction-related monitoring required by permit or
				contract, surveys, materials, labor, contractors, and construction oversight.
				Eligible costs do not include permit fees or repair of residential structures.
				Reimbursement of eligible costs may be no greater than $150,000 per parcel and
				no greater than 50% of the total incurred costs.
(e) "Eligible project" means construction
				activities that occurred after September 23, 2022, related to sand placement,
				temporary coastal armoring, or permanent coastal armoring construction projects
				intended to prepare for or remedy coastal beach erosion or damage sustained
				from Hurricane Ian or Hurricane Nicole, on an eligible residential property. To
				be eligible, projects must be permitted or authorized under chapter 161, F.S.,
				prior to the commencement of authorized work, exempt from permitting
				requirements, or otherwise authorized by law. The project address on any issued
				permit under chapter 161, F.S., must match the address of the eligible
				residential property.
(f) "Eligible
				residential property" means a parcel that is a coastal property on the beach
				located in Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian River,
				Lee, Manatee, Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota,
				or Volusia County that is either:
1. A
				single-family, site-built, residential property where the homeowner has been
				granted a homestead exemption on the home under chapter 196, F.S.;
2. A residential condominium, as defined in
				chapter 718, F.S.; or
3. A
				cooperative, as defined in chapter 719, F.S.
(g) "Low-income or moderate-income
				applicants" are those applicants that are low-income or moderate-income
				person(s) as defined in section
				 420.0004, F.S., who provide an
				attestation of income on Form 3 DEP-62ER23-2, Attestation of Low-Income or
				Moderate-Income (effective date January 30, 2023), which is hereby adopted by
				reference into this rule and available at
https://floridadep.gov/hurricane
.
(h) "Required documentation" means documents
				and evidence required to be submitted as part of the application.