§ 24-48.12. Filing of statement of completion of permitted work; exemptions; release of bonds; forfeiture of bonds.

(1)

Within thirty (30) days after completion of the work, the permittee or contractor shall file record drawings or as-built drawings certified by the engineer of record with the Department. Work exempt from submitting plans prepared by an engineer and an architect under this article shall also be exempt from the requirements of this provision. Work which has been determined by the Department, during its final inspection of the project, to be in compliance with the approved plans for the project with no significant deviation, as determined by the Director or the Director's designee, may be exempted by the Director or the Director's designee from the filing of record drawings or as-built drawings as required above. The Florida Departments of Transportation and Environmental Protection are exempt from the requirement to submit record drawings or as-built drawings for projects authorized by class I, class II, class III, class IV, class V, or class VI permits.

(2)

At the discretion of the Director or the Director's designee the performance and mitigation bonds may be released upon completion of the final inspection by the Department and the submittal of the record drawings or as-built drawings, if required, or for a period up to six (6) months after the approved completion date of the work covered by the bond.

(3)

If the Director or the Director's designee determines that work authorized by a class I, class II, class III, class IV, class V or class VI permit has not been performed in accordance with the approved plans upon which the permit was issued or has not complied with all of the conditions or special conditions of the permit, the Director or the Director's designee shall notify the permittee of such noncompliance and specify a period of time in which the permittee shall correct or otherwise bring the project into compliance with the permit. In the event that the permittee fails or is unable to comply with the requirements of the notice, the Director or the Director's designee may, in addition to available enforcement remedies, call the performance or mitigation bonds for the project. Funds from the forfeiture of mitigation bonds with respect to class I, class II, or class VI permits, shall be deposited into the Biscayne Bay Environmental Enhancement Trust Fund for use in the general restoration and enhancement of Biscayne Bay. Monies received from the forfeiture of mitigation bonds with respect to class IV permits shall be deposited into the Wetlands Trust Fund pursuant to Section 24-37.

(Ord. No. 04-214, §§ 1, 5, 12-2-04; Ord. No. 08-55, § 2, 5-6-08; Ord. No. 12-58, § 5, 7-3-12)