To establish, in response to a November 16, 2018, Notice of Unadopted Rule from David H. Sherry, Rebecca R. Sherry, and John S. Donovan, regarding the Department’s East Pass Inlet Management Plan (July 24, 2013), that consistency with an inlet ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Beaches and Coastal Systems

RULE NO.:RULE TITLE:

62B-49.005Application Requirements and Processing Procedures.

PURPOSE AND EFFECT: To establish, in response to a November 16, 2018, Notice of Unadopted Rule from David H. Sherry, Rebecca R. Sherry, and John S. Donovan, regarding the Department’s East Pass Inlet Management Plan (July 24, 2013), that consistency with an inlet management plan developed by the Department is no longer required under Rule Chapter 62B-41, F.A.C., and as reflected in the application for a Joint Coastal Permit adopted by reference in Rule 62B-49.005, F.A.C.

The application form adopted by reference in Rule 62B-49.005(1), F.A.C., is proposed to be amended to be consistent with rule amendments being developed for certain provisions of Rule Chapter 62B-41, F.A.C., that will delete references to Department approved inlet management plans.

SUMMARY: The subject matter addressed is an existing rule requirement regarding consistency with an inlet management plan developed by the Department by applicants for Joint Coastal Permits. The application form adopted by reference in subsection 62B-49.005(1), F.A.C., is being amended consistent with rule amendments being developed for Rule Chapter 62B-41, F.A.C., regarding inlet management plans. Chapter 62B-41, F.A.C., is proposed to be amended to no longer require consistency with an inlet management plan developed by the Department in order to obtain a Joint Coastal Permit.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 20.255(8), 161.055(1), (2), 373.427(1) FS.

LAW IMPLEMENTED: 20.255(8), 161.041, 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5), (6), 403.061(44) FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Greg Garis, Program Administrator, Beaches, Inlets and Ports Program, 2600 Blair Stone Road, MS 3544, Tallahassee, Florida 32399, [phone], or email [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62B-49.005 Application Requirements and Processing Procedures.

(1) To apply for a joint coastal permit, the applicant shall submit the Joint Application for Joint Coastal Permit/Authorization to Use Sovereignty Submerged Lands/Federal Dredge and Fill Permit (DEP Form 73-500, Effective XX/XX 11/15) (“JCP Application Form”), which is hereby incorprated by reference, along with supporting documents, all in searchable electronic format. Copies of the form may be obtained by downloading from the Department’s web page at: http://www.dep.state.fl.us/beaches/publications/forms/enabled/73-500-JCPApplication.pdf or from the Department of State’s webpage at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. When submitting the digital information, the applicant shall use the following standards:

(a) through (h) No change.

(2) through (11) No change.

Rulemaking Authority 20.255(8), 161.055(1), (2), 373.427(1) FS. Law Implemented 20.255(8), 161.041, 161.0535, 161.055(1), (2), 373.427(1), (2), (3), (4), (5), (6), 403.061(44) FS. History–New 10-12-95, Amended 2-19-98, 5-17-07, 11-19-15, _____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg Garis, Program Administrator, Beaches Inlets and Ports Program.

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 12/11/18

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 11, 2018