28502691, 62ER24-2 - Florida Administrative Rules, Law, Code, Register

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Notice: 28502691

Notice of Emergency Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Overview

RULE:

62ER24-2

Hurricane Restoration Reimbursement Grant Program

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE:

Section 10, Chapter 2022-272, Laws of Florida (L.O.F.), “[a]n act relating to disaster relief” establishes the Hurricane Restoration Reimbursement Grant Program for the purpose of providing financial assistance to mitigate coastal beach erosion for coastal homeowners whose property was significantly impacted by Hurricane Ian or Hurricane Nicole in 2022. The legislation includes legislative findings that emergency rulemaking authority is necessary to address critical shoreline erosion which may result in the loss of property by homeowners in those areas of the state that sustained damage due to Hurricane Ian or Hurricane Nicole during 2022.  Section 10, Chapter 2022-272, L.O.F., requires the Department of Environmental Protection to adopt emergency rules pursuant to subsections 120.54(1) and 120.54(4), Florida Statutes, for the purpose of implementing the grant program. The department adopted rule 62ER23-2, F.A.C., on January 30, 2023. The Legislature revised the grant program in Section 61, Chapter 2023-240, L.O.F., requiring the promulgation of a new emergency rule. The Department adopted rule 62ER23-3, F.A.C., on June 30, 2023. The Department adopted rule 62ER24-1 to replace rule 62ER23-3 in order for the grant program to remain open through July 1, 2024. The date of adoption for rule 62ER24-1 was January 1, 2024, and the date of expiration is July 1, 2024. In Section 72, Chapter 2024-228, L.O.F., the Legislature revised the grant program to increase financial assistance and include reimbursement for large-scale sand placement projects by local governments. The Legislature also extended the grant program through July 1, 2025, requiring promulgation of a new emergency rule. Given the application period set out in the law, an emergency rule is the most appropriate and expedient means to provide eligible property owners and local governments with the grant program’s requirements and grant application.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES:

The Legislature expressly authorized and required in Section 10, Chapter 2022-272, L.O.F., the promulgation of an emergency rule by the Department to implement the Hurricane Restoration Reimbursement Grant Program for the purpose of providing financial assistance to mitigate coastal beach erosion for coastal homeowners whose property was significantly impacted by Hurricane Ian or Hurricane Nicole in 2022. The Legislature revised the program in Section 61, Chapter 2023-240, L.O.F., resulting in the promulgation of a new emergency rule. In Section 72, Chapter 2024-228, L.O.F., the Legislature revised the grant program to increase financial assistance, provide financial assistance to local governments and municipalities to implement large scale sand placement projects, and extend the program through July 1, 2025, requiring the promulgation of a new emergency rule. The promulgation of this emergency rule, incorporating by reference the forms used to apply for financial assistance, ensures that the public is notified by the most appropriate and expedient means regarding the process to apply for a grant.

SUMMARY:

The rule provides the procedures, administration, and eligibility criteria for the Hurricane Restoration Reimbursement Grant Program, which will distribute financial assistance to qualifying coastal homeowners and local governments and municipalities to help remedy the damages from coastal erosion incurred after Hurricane Ian or Hurricane Nicole. The grant program allows persons living in Brevard, Broward, Charlotte, Collier, Duval, Flagler, Indian River, Lee, Manatee, Martin, Nassau, Palm Beach, Saint Johns, Saint Lucie, Sarasota, and Volusia Counties whose property was significantly impacted by Hurricane Ian or Hurricane Nicole in 2022, and who meet eligibility requirements, to seek reimbursement to remedy coastal beach erosion and reimburse eligible construction costs. The grant program applies to single- or multi-family homes, residential condominiums, and cooperatives. The emergency rule also allows local governments and municipalities to apply for program funds to implement large scale sand placement projects. The emergency rule incorporates, by reference, Form 1 DEP-62ER24-2, the Hurricane Restoration Reimbursement Grant Program Application, and Form 4, DEP-62ER24-2, the Hurricane Restoration Reimbursement Grant Program Local Government Application, effective as of the effective date of Chapter 62ER24-2, F.A.C.

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS:

Lainie Edwards, Deputy Director, Office of Resilience and Coastal Protection, Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 235 Tallahassee, FL 32399, or Crystal Anderson, Assistant General Counsel, Florida Department of Environmental Protection, 3900 Commonwealth Blvd., MS-35 Tallahassee, FL 32399.

PRINT PUBLISH DATE:

7/1/2024 Vol. 50/128

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=62ER24-2&PDate=7/1/2024&Section=4

REFERENCE MATERIALS:

No reference(s).

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