18-21.00401. Additional Requirements and Procedures for Concurrent Review of Related Applications

(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. History–New 10-12-95, Amended 3-21-19.