62B-49.010. Transfer of Permits and Authorizations

(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. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15.