18-21.0077. Applications for Use Agreements

(1) Applications for use agreements for geophysical testing involving incidental crossings. The Oil and Gas Program shall provide the Division a copy of all geophysical testing permit applications. In addition to information contained in the permit application, the Division shall require the applicant to submit:

(a) The name, email address, and the telephone number of a representative of the applicant able to resolve multiple use conflicts;

(b) A $500 nonrefundable application processing fee for geophysical testing on all private and Federal uplands when any incidental crossing of sovereignty submerged lands occurs. If the application is part of a larger project involving state-owned uplands, no application fee for incidental crossing shall be required; and,

(c) A certified statement providing authorization to the individual who will execute an approved use agreement on behalf of the applicant.

(2) Applications for use agreements for geophysical testing in offshore waters.

(a) The Oil and Gas Program shall provide the Division a copy of all geophysical testing permit applications. In addition to information contained in the permit application, the Division shall require the applicant to submit:

1. The name of the vessel, the name of the ship’s captain/designee, the ship’s call signs and the specific radio channel which will be monitored by the vessel at all times during operations;

2. A letter certifying total mileage requested to be surveyed, delineating number of miles in water depth less than 35 feet and number of miles in 35-foot water depth and greater;

3. A certified statement providing authorization to the individual who will execute an approved use agreement on behalf of the applicant; and,

4. An $800 nonrefundable application processing fee payable to the Division.

(b) In addition to the other requirements of subsection 18-21.0077(2), F.A.C., the Division shall solicit and receive:

1. Written comments from the Office of the Governor addressing consistency of the proposed testing with the State’s oil and gas leasing policy;

2. Written comments from the Aquatic Preserves and National Estuarine Research Reserves if any of the proposed testing is within an aquatic preserve; and,

3. A biological assessment from the Department of Environmental Protection, if applicable.

Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.77 FS. History–New 1-25-87, Amended 3-21-19.