Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 40, October 6, 2006 issue of the Florida Administrative Weekly.

The present changes are made in response to written comments received from the Joint Administrative Procedures Committee.

THE TEXT OF THE PROPOSED RULE CHANGES IS:

62B-49.006 Fees.

(1) Each application for a joint coastal permit, except those applications filed by the U.S. Army Corps of Engineers, shall be accompanied by the full application fee which is based on the sum of fees required in Rules 62-4.050, 62-312.060, 62-343.070, 62B-41.0085, 18-21.008, 18-21.009 and 18-21.010, F.A.C. Refer to the Department’s Bureau of Beaches and Coastal Systems web page for an automated fee calculation tool. ~~If requested, the processing fee shall be waived for state agencies established pursuant to Chapter 20, F.S.~~ Severance and lease fees shall be paid prior to receipt of notice to proceed. Fees assessed pursuant to these rules are not refundable, except fees received for an activity that is exempt and fee payments in excess of the amount required by these chapters.

(2) through (3) No change.

Specific Authority 161.0535, 161.055, 373.427 FS. Law Implemented 161.0535, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, ________.

62B-49.008 Permit Modifications.

(1) through (2) No change.

~~(3) Applications for major modifications shall be accompanied by the full application fee, calculated and submitted according to Rule 62B-49.006, F.A.C.~~

(3)~~(4)~~ Minor modifications are design changes that are not expected to increase the potential for adverse impact or have a significantly different environmental impact than the authorized activity. ~~Applications for minor modifications shall be accompanied by the full application fee, calculated and submitted according to Rule 62B-49.006, F.A.C.~~

(4) Applications for major and minor modifications shall be accompanied by the full application fee, calculated and submitted according to Rule 62B-49.006, F.A.C.

(5) through (7) No change.

Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.0535, 161.055, 373.427 FS. History–New 10-12-95, Amended 2-19-98, ________.

62B-49.011 Time Limits on Permits and Authorizations.

(1) Permits shall expire five years from the date of issuance unless a shorter period of time is requested by the applicant, the time period is limited by law or rule, as in the case of experimental coastal construction, pursuant to Rule 62B-41.0075, F.A.C., where the permit duration is limited to three years, or the permit authorizes an operation and maintenance phase pursuant to Section 373.416, F.S. and Rules 62-312, 62-330 and 62-343, F.A.C. If requested by an applicant, the Department shall issue a permit and an authorization, for a longer term reasonably expected to be necessary for completion of the construction upon reasonable assurance that:

(a) through (b) No change.

(2) Permits and authorizations for maintenance of inlets in accordance with Section 161.142, F.S., that have an adopted inlet management plan, and permits and authorizations for beach nourishment that maintain a previously authorized beach restoration template and that are consistent with the statewide strategic beach management plan pursuant to Chapter 161.161, F.S., shall ~~may~~ be issued for ~~periods up to~~ ten (10) years, unless a shorter duration is requested by the applicant or the Department determines that a shorter duration is necessary to avoid or minimize environmental impacts (pursuant to Section 161.041, F.S.), or a shorter duration is requested by the applicant.

(3) through (6) No change.

(a) Documentation that ~~Sufficient justification as to why~~ the authorized construction could not be completed within the allotted period;

(b) through (c) No change.

(7) through (12) No change.

Specific Authority 161.055, 373.427 FS. Law Implemented 120.60, 161.041, 161.055, 161.161, 373,413(3), 373.427, F.S. History–New 10-12-95, Amended 2-19-98, ________.

62B-49.013 General Conditions.

(1) through (2) No change.

Specific Authority 161.055, 373.427 FS. Law Implemented 161.041, 161.055, 371.421(2), 373.427, 872.02 FS. History–New 2-19-98, Amended ________.