(1) Each application for a permit or for a change in permit status to be considered by the Department pursuant to Florida Statutes § 161.053, or this chapter shall be accompanied by a fee. Monies from fees assessed pursuant to this chapter shall be deposited into the Florida Permit Fee Trust Fund.

Terms Used In Florida Regulations 62B-34.040

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
    (a) For applications for one activity or structure the fee schedule shall be as assessed below:
    1. Minor Structures: $100.
    2. Dune Restoration: $100.
    3. Non-habitable Major Structures: $300.
    4. Swimming Pools: $300.
    5. Single-Family Dwellings: $500.
    6. Minor Reconstruction of Armoring: $300.
    (b) For applications which include one or more of the general permit activities, the fee shall be the higher of the fees listed under subparagraphs 62B-34.040(1)(a)1. through 6., F.A.C., and shall not exceed $500.
    (2) In order to demonstrate that the proposed project qualifies for the requested General Permit, the completed application required by Fl. Admin. Code R. 62B-34.030, shall include the information below and any additional information specific to the type of General Permit requested as provided in part II of this chapter:
    (a) The name, mailing address, and telephone number of the property owner and of any duly authorized agent making the application on behalf of the owner, and the signature of the applicant.
    (b) An email address or a fax number of the property owner and of any duly authorized agent making the application on behalf of the owner so the Department can notify the applicant of the agency’s decision within thirty (30) days of receiving the notice.
    (c) Evidence of ownership including the legal description of the property for which the permit is requested. Evidence of ownership may include a copy of an executed warranty deed bearing evidence of appropriate recordation or a copy of a property tax receipt bearing the name and address of the current owner. If the applicant is not the property owner, the applicant shall complete section 3 on the application form, authorizing the applicant to act as the owner’s agent for the purpose of applying for a permit, and to act on behalf of the owner in other matters pertaining to the permit.
    (d) Written evidence from the appropriate local governmental agency having jurisdiction over the activity stating that the proposed activity, as submitted to the Department, does not contravene local setback requirements or zoning codes.
    (e) A statement describing the proposed work, activity, or construction.
    (f) A signed and sealed survey of the subject property performed within six (6) months of the permit application date, depicting the Coastal Construction Control Line, the General Permit Line (if established across the property), the nearest two Department reference monuments, and the remainder of the information required under Fl. Admin. Code R. 62B-33.008(1)(e), and Fl. Admin. Code R. 62B-33.0081
    (g) A dimensioned site and grading plan and a cross sectional drawing drawn to a scale no smaller than 1” = 30′. The drawings shall be signed and sealed by a registered professional, and shall show:
    1. The location and dimensions of the property boundaries and rights of way.
    2. Site topography, including the 0-foot contour, if applicable.
    3. The location of the Coastal Construction Control Line and the General Permit Line (if established across the property).
    4. Accurate dimensions and locations of the foundation outlines and exterior walls of any existing structures in the immediate contiguous or adjacent areas that the applicant contends have established a reasonably continuous and uniform first line of construction.
    5. The locations of all potential and applicable limits of construction, including: major road, second line of construction, first line of construction, seasonal high water line, 30-year erosion projection, line of mean high water, erosion control line, certified armoring, landward limit of the primary dune structure, top of bluff greater than 15 feet high, and vegetation line.
    6. The locations, dimensions, and square footage of any existing construction on the property.
    7. The locations and perpendicular distances with respect to the Coastal Construction Control Line of any proposed construction, including the seaward most location of any foundation element, exterior wall, roofline, and deck, and the locations of any stairs providing building access or elevated walkovers to the beach.
    8. The locations and volumes of any proposed excavation and fill.
    9. All subgrade construction, including pile caps and grade beams, or excavation with elevations referenced to NAVD.
    10. Plans for coastal armoring activities, which shall be signed and sealed by an engineer licensed in the State of Florida.
    (h) If armoring is used to toll the thirty-year erosion projection, a certification by a professional engineer registered in the state of Florida shall be included with the application. The certification shall state that the armoring:
    1. Has been designed, constructed, and maintained to survive the effects of a thirty-year storm,
    2. Will provide protection to existing or proposed upland structures from erosion associated with the thirty-year storm event; and,
    3. Will meet the criteria specified in Fl. Admin. Code R. 62B-33.024(2)(a)
    (i) Detailed planting plans, including a plant list (with both scientific and common names), the location of proposed plant species, and the location of the existing plant species to be removed. Planting plans shall comply with the requirements set forth in subsection 62B-34.070(5), F.A.C.
    (j) Where the proposed activities are landward of a General Permit Line, the applicant is not required to submit information required by subparagraphs 62B-34.040(2)(g)2., 4. and 5., F.A.C.
    (k) The Department recognizes that all the informational requirements specified in paragraphs 62B-34.040(2)(f), (g), and (i), F.A.C., may not, due to the project specific circumstances, be applicable or necessary to ensure consistency with the siting or reconstruction criteria of subsections 62B-34.055(2), 62B-34.060(2), 62B-34.070(2), 62B-34.080(2), 62B-34.085(2), and 62B-34.090(2), F.A.C. In such cases, the applicant shall, as part of the application, identify those requirements and state the reason why they are inapplicable. The Department shall waive requirements that do not apply.
Rulemaking Authority 161.053(18), (20), 161.0535 FS. Law Implemented 161.053(18), 161.0535 FS. History-New 3-27-03, Amended 11-21-05, 10-4-18.