Florida Regulations 18-18.014: Procedures
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(1) Applications for activities within the preserve to use sovereign submerged lands that also require an Environmental Resource Permit under Part IV of Florida Statutes Chapter 373, shall be made to the Department of Environmental Protection using the Joint Application for: Environmental Resource Permit (Part IV, Florida Statutes Chapter 373), Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, form number subsection 62-343.900(1), F.A.C., as cited in Fl. Admin. Code R. 62-343.900 For activities within the Preserve that are grandfathered under Sections 373.414(11) through (16), F.S., Form 62-312.900(1), Joint Application for Works in the Waters of Florida, shall be used. Copies of Forms 62-343.900(1) and 62-312.900(1) and instructions are available by writing to the Division of Water Resource Management, MS 2500, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department. For activities within the Preserve that require a Joint Coastal Permit under Fl. Admin. Code Chapter 62B-49, DEP Form 73-500, effective 6/95, shall be used. A copy of the form can be obtained by writing to the Office of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Department of Environmental Protection, Tallahassee, Florida 32399-3000.
(2) The Department shall review all information provided by the applicant to determine if the application supplies the information necessary to evaluate the application for matters within the purview of the department. Within 30 days of receipt of the application, the department shall notify the applicant in writing of any additional information it requires.
(3) No application shall be considered complete until the Department receives the following:
(a) All information requested by the Department in accordance with subsection 18-18.014(2), F.A.C.
(b) The hydrographic and/or biological survey if required.
(4) To be considered complete, applications for uses, sales, leases, or transfers of land held by the board shall include evidence of all necessary local government approvals. This provision shall not be construed to include local approvals which, by local ordinance or resolution, cannot be granted until state permits are issued or which are contingent upon approval of the Board of the use, sale, lease, or transfer of interest in lands held by the board.
(5) Within 30 days of receipt of a completed application for sale, lease, or transfer of lands held by the Board, or a request to dredge, fill, or spoil in the preserve, or perform an activity specified in Florida Statutes § 258.397, the Department shall publish notice of the pending application and the public hearing thereon as specified below.
(6) All notices will be sent to the applicant and published in a newspaper of general circulation in the county in which the activity is located and in the Florida Administrative Register. Those individuals who requested, in writing, notices concerning the particular activity or all activity within the preserve shall also be notified.
(7) Notices shall include the name of the applicant, general location of the activity, type of activity, action requested of the Board and the date, time and place of the proposed public hearing.
(8) Notices of requests for sale, lease or transfer of lands shall be published in accordance with Florida Statutes § 253.115 All other notices shall be published by a single newspaper publication at least 14 days prior to the hearing.
(9) Hearings on applications for dredge, fill, or spoil projects in the preserve or activities specified in Florida Statutes § 258.397, shall be held as specified in the notice. Hearings on applications for sale, lease or transfers of land shall only be held if the Department is notified, in writing, that a hearing is requested. The request must be received by the department at least 7 days prior to the date for the hearing specified in the notice.
Rulemaking Authority Florida Statutes § 258.397(4). Law Implemented 253.03, 253.115, 258.397(3), 258.397(4)(a) FS. History-New 3-20-80, Formerly 16Q-18.14, 16Q-18.014, Amended 6-5-96.
Terms Used In Florida Regulations 18-18.014
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(3) No application shall be considered complete until the Department receives the following:
(a) All information requested by the Department in accordance with subsection 18-18.014(2), F.A.C.
(b) The hydrographic and/or biological survey if required.
(4) To be considered complete, applications for uses, sales, leases, or transfers of land held by the board shall include evidence of all necessary local government approvals. This provision shall not be construed to include local approvals which, by local ordinance or resolution, cannot be granted until state permits are issued or which are contingent upon approval of the Board of the use, sale, lease, or transfer of interest in lands held by the board.
(5) Within 30 days of receipt of a completed application for sale, lease, or transfer of lands held by the Board, or a request to dredge, fill, or spoil in the preserve, or perform an activity specified in Florida Statutes § 258.397, the Department shall publish notice of the pending application and the public hearing thereon as specified below.
(6) All notices will be sent to the applicant and published in a newspaper of general circulation in the county in which the activity is located and in the Florida Administrative Register. Those individuals who requested, in writing, notices concerning the particular activity or all activity within the preserve shall also be notified.
(7) Notices shall include the name of the applicant, general location of the activity, type of activity, action requested of the Board and the date, time and place of the proposed public hearing.
(8) Notices of requests for sale, lease or transfer of lands shall be published in accordance with Florida Statutes § 253.115 All other notices shall be published by a single newspaper publication at least 14 days prior to the hearing.
(9) Hearings on applications for dredge, fill, or spoil projects in the preserve or activities specified in Florida Statutes § 258.397, shall be held as specified in the notice. Hearings on applications for sale, lease or transfers of land shall only be held if the Department is notified, in writing, that a hearing is requested. The request must be received by the department at least 7 days prior to the date for the hearing specified in the notice.
Rulemaking Authority Florida Statutes § 258.397(4). Law Implemented 253.03, 253.115, 258.397(3), 258.397(4)(a) FS. History-New 3-20-80, Formerly 16Q-18.14, 16Q-18.014, Amended 6-5-96.