68F-20.002. Permits - Applications

(1) No person or public agency shall attempt to control, eradicate, remove, or otherwise alter any aquatic plants in waters of the state except as provided in a permit issued by the Commission unless the activities or waters in which aquatic plant management activities are to take place are expressly exempted in rule 68F-20.0035, F.A.C.

(2) Permits issued pursuant to this chapter are not intended to allow for the collection and reintroduction of the removed plants into another waterbody, unless specifically provided for in the permit conditions.

(3) Application format and requirements:

(a) All applications for new permits or amendments to existing permits shall be submitted in accordance with the requirements of this rule.

(b) Applications for new permits, renewal permits, or amendments to existing permits shall be submitted electronically through the Commission’s aquatic plant control online permitting system, on the Commission’s web site at http://public.myfwc.com/crossdoi/permitsystem/. IPM-01, a document encompassing the content of the application entitled “Aquatic Plant Control Permit Application” (dated September 2018), is hereby incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10088. Persons unable to apply electronically should contact the Commission’s Invasive Plant Management Section for assistance with the application process.

(c) All applications, except for those from government agencies, research institutions, and wastewater treatment facilities approved by the Department of Environmental Protection, shall be in the name of the riparian owner. If the Commission is unable to determine if the applicant is a riparian owner, the applicant shall, upon request, provide proof of riparian ownership. An application can be submitted by an agent authorized by the riparian owner. Persons authorized to represent multiple riparian owners such as, but not limited to, governmental agencies and officers of homeowners associations can submit a single application for multiple sites.

(d) As part of the application, the applicant shall provide the name of the waterbody, if it is named; the street address of the control site; or a map with directions to the proposed management site using county, state, and U.S. highway names and route numbers.

(e) As part of the application, the applicant shall provide a diagram of the proposed management site (“site map”) which shall contain at a minimum the following information:

1. The riparian owner’s property boundaries, including dimensions.

2. The approximate water’s edge at the time of the proposed application.

3. Prominent features such as docks, fences, trees, etc., located near the water’s edge.

4. Prominent aquatic plant communities located at the site identified by name or symbol, with a clear depiction of the aquatic plants proposed for control including the dimensions of the control area and the vegetation not to be controlled.

5. The proposed control method to be used.

6. A copy of any existing conservation easement established in the area aquatic plant control is proposed.

7. Legends that explain all symbols and patterns used in the site map.

(4) The regional biologist shall review and determine the completeness of each application.

(5) Applications and permittees shall allow reasonable access to regional biologists for the purpose of engaging in surveys and examinations of the proposed aquatic plant management site.

(6) Final agency action on permit applications.

(a) All conditions of the permit shall be stated on the permit.

(b) Permits shall be effective for a period of three years from the date issued.

(c) The permittee must sign the permit and have a copy of the signed permit on site for review while conducting any control activities.

(7) Permit amendments:

(a) The permittee can request an amendment subject to the procedures and review criteria of this chapter.

(b) Following notice to the permittee, the Commission is authorized to amend a permit issued pursuant to this chapter during the term of the permit to restrict or limit the scope of the permitted activity. This shall be done if necessary to ensure the protection of human health, safety, recreation, plant and animal life, and property.

(c) A permit issued pursuant to this chapter can be transferred at the written request of a new owner or assignee of the permitted property when accompanied by written consent from the permit holder. If any changes, additions, or amendments to the permit are requested, an application for a new permit must be submitted for processing.

(8) It shall be the responsibility of the permittee to submit a renewal application 45 days prior to the expiration date of the permit.

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 403.088 FS. History–New 5-8-77, Amended 2-9-82, 7-9-85, Formerly 16C-20.02, 16C-20.002, Amended 5-3-95, Formerly 62C-20.002, Amended 11-20-18.