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FLORIDA COASTAL MANAGEMENT PROGRAM SUPPLEMENTAL APPENDIX INCORPORATES PROGRAM CHANGES MADE THOUGH 1984 KFF 433 F56 1986 THE FLORIDA 'LOASTAL MANAGEMENT PROGRAM SUPPLEMENTAL APPENDIX INCORPORATES PROGRP.M CHANGES MADE THROUGH 1984 .. ........ .-lwwi t@ 7-- Ink Aug U.S.'DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION OFFICE OF COASTAL ZONE MANAGEMENT AND STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION OFFICE OF COASTAL MANAGEMENT or JANUARY 1986 co, Wil J'Args 0 "F OF Kos FLORIDA COASTAL MANAGEMENT PROGRAM SUPPLEMENTAL APPENDIX OF LAWS AND REGULATIONS REFLECTING CHANGES MADE THROUGH THE END OF 1984 Property of Csc Library STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION OFFICE OF COASTAL MANAGEMENT 2600 BLAIR STONEROAD, TALLAHASSEE, FLORIDA, 32301 JANUARY 1986 0 - SOEPARTMENT OF COMMERCE NOAA COAS7AL SERVICES CENTER 2234 SOUTH HOBSON AVENUE SC 29405-2413 u- u- FLORIIA COAS`rAL MRWEMENr PF40GRAM SUPPLEMEWAL APPENDIX =WDUCrION This Supplemental.Appendix replaces the Florida coastal Management Program original appendix from 1981. It contains updates to the core laws and regulations whichare approved as routine program implementations through 1984. It therefore supersedes the 1983 listing of statutes also. In addition to the core laws and regulations, a list of rules authorized by the statutes which compose the Florida Coastal Management Program is included. Text of these rules can be obtained from the appropriate State agency, or upon request from the office of Coastal Management, 2600 Blair Stone Road, Tallahassee, Florida, 32301. For further information about the Florida Coastal Management Program which is a network program, call the office of coastal Management at 904/488-4805. Due to Florida's track record for making continual improvements to laws and regulations, annual updates to the Florida Coastal Managment Program will continue to be requested. However, it is anticipated that this appendix will be reprinted only every three years. Our intent is to keep interested parties informed and to provide for consistency between state and federal activities. LAVS AND REGULATIONS OF THE FLORIDA COASIAL MANAGEMENT PROGRAM TABLE OF CONTENTS Florida Statutes Page Chapter 23.011-.0191 State Comprehensive Planning* and,Power Plant Siting I Chapter 119 Public Records 2 Chapter 120 Administrative Procedure Act Chapter 160 Regional Planning Counci@ '7 10 S 0*? Chapter 161 Beach and Shore Preservation o Chapter 201.02; .15 Excise Tax on Documents 18 Chapter 252 Emergency Management 19 Chapter 253 State Lands 20 Chapter 258 State Parks and Preserves 26 Chapter 259 Land Clonservation Act of 1972 28 Chapter 260 Recreational Trails System 29 Chapter 267 Archives, History, and Records Management 30 Chapter 288.011-.08; .34; .501-.518 Commercial Development and Capital Improvements, Industrial Siting Act 31 Chapter 315 Port Facilities Financing 34 gmpter 334 Transportation Administration '37 10 Chapter 339 Transportation Finance and Miscelaneous Provisions 44 0 Chapter 366 Public Utilities 51 Chapter 370 Saltwater Fisheries (except 370.07 and 370.103)t 56 Chapter 372 Wildlife 6-4 Chapter 373 Water Resources 65 Chapter 375 outdoor Recreation and Conservation @8 Chapter 376 Pollutant Discharge Prevention and Removal t 68 @10 CC Florida Statutes page Chapter 377 Energy Resources 23 71 Chapter 380 Land and Water Management 73 Chapter 388 Mosquito Control 79 Chapter 403 Environmental Control 80 Chapter 582 Soil and Water Conservation 93 COASTAL MANAGEMENT REGULATIONS Florida Administrative Code 94 16- - Department of Natural Resources Administrative Procedures 95 16b-24- Rules & Procedures for Application for Coastal Construction 96 16B-25- Rules & Procedures for Coastal Construction 98 16B-26- Setback Lines 99 16B-33- Rules & Procedures for Coastal Construction and Excavation 140 16B-36- Beach Erosion Control Assistance Program 155 16C-25(was 16C-1) Conservation of oil & Gas: General 159 16C-26(was 16C-2) Conservation of Oil & Gas: Permitting 161 16C-27 (was 16C-3) Conservation of oil and Gas: Drilling 165 16C-28 (was 16C-4) Conservation of Oil & Gas: production 170 and Flowlines, 16C-29 (was 16C-5) Conservation of Oil & Gas: Injection Wells, Well Workers, and Abandonments 174 16C-30- Conservation of oil & Gas: Wetlands and Submerged Lands 177 16N-22 Florida manatee Sanctuary Act 179 16Q-2 Conservation and Recreation Lands 196 16Q-3 BTIITF: State Land Aquisition Procedures 200 iii Page 16Q-18 Biquayne Bay Aquatic Preserve 204 16Q-20 Florida Aquatic Preserve 208 16Q-21(was 16C-6) Sovereingnty Submerged Land Management 215 16Q-22 Spoil Site Aquisition and Improvement 222 16Q-23 Land Management Advisory Committee 224 17-3 Water Quality Standards 227 17-4 Permits 270 17-6 Domestic & Industrial Waste Treatment Requirements 363 17-17 Electric Power Plant Siting 418 17-24 Coastal Management Program Grants 448 17-25 Stormwater 454 17-26 State Public Works Program - Basis of State Review 458 17-50 Construction Grants Program Priority System for Wastewater Treatment Works 463 17-100(was 17-1) Administrative Procedures 473 17-101 Description of Organization 474 17-102 Rules of Administrative Procedures - Rulemaking 484 17-103 Rules of Administrative Procedure - Final Agency Action (Non-Rulemaking) and Appeal 498 17-104 Administrative Procedures for the Water Resources Restoration and Preservation Program 523 22E-2 Ten Year Site Plans 528 27F-1(was 22E-1) Land Planning 531 27F-2(was 22F-2) Developments of Regional Impact 535 27F-3(was 22f-3) Areas of Critical State Concern-Big Cypress 538 27F-5(was 22F-5) Priciples for Guiding Development 540 27F-6(was 22F-6) Boundary & Reg. for Green Swamp ACSC 543 Page 27F-7(was 22F-7) Boundary & Reg. for Green Swamp ACSC 54 27F-8(was 22F-8) Florida Keys ACSC Principles 552 27F-9(was 22F-9) Florida Keys ACSC Monroe Co. 553 27F-10(was 22F-10) Key Colony Beach ACSC 554 27F-12(was 22F-12) City of Key West ACSC 554 27F-13(was 22F-13) No. Key Largo Beach ACSC 556 27F-15 City of Key West/Principles for Guiding Development 558 27F-16 City of Key West ACSC 560 25-6 Electric service by Electric Public Utilities 565 39-27 Rules Relating to Endangered or Threatened Species 581 8-16 Economic Development 584 9G-2 Comprehensive Emergency Mgt. Plan 594 9G-6 Approval of local Emergency Mgt. Plans, 594 9G-7 Local Comprehensive Emergency Mgt. Plans 596 9G-11 Funding Formula 599 List of Additional rules related to FCMP statutes 601 Notes: The 1984 Amendment package contains additions under this rule. Chapter 370.029-0.29 Saltwater Fisheries and Chapter 376.30-.315 Pollutant Discharge Prevention & Removal, new statute sections will be incorporated; into the FCMP as 1984 amendments. Chapter 186 and 163 will be added in the 1985 amendment process. 23.0115 198 SUEPMENT TO PP.ENT 0 Fl. IDA STATUTE$ 193 sistant executive director: tax research, planning and 23.O4 Specific study Of data and projec. 23.043 policy development and legal services. tions.Repealed by o. ch. 84257.1 309.1 g) The following function shall be under the ex- CHAPTER 23 cutive director: internal audit. History-- 2.1, ch 75211; & ch 77102, ecuiv director: internal audit. 23.012 General pow re and duties.qIRe. 23.050 MISCELLANEOUS EXECUTIVE FUNCTIONS pealed by .. qP. ch. 84257.1 1 [Repealed 22.22 PART I STATE COMPREHENSIVE 23.0125 Date development by Deptqa 6qtuients 23.0515 20.22 Department of General Services. PLANNING' of Environmental Regulation and Natural qite Sion of Plqa There is created a Department of General Services. PART II TRANSPORTATION sources.[Repealed by 9. 18, ch. 84257.1 by a. 262. ch ) The head of the Department of General Ser vices is the Governor and Cabinet. PART IV EARLY CHILDHOOD AND 23.013 State comprehensive plan; adoption; 23.052 The following divisions and bureaus within FAMILY DEVELOPMENT ACT imPle men tat ion.(Amended by a. 5. ch. 84257, (Repealed Department of General Services are established: and transferred to a. 166.008 by the reviser.1 (a) Division of Administration. PART VII FLORIDA CRIMINAL 23.05q3 1 divisionala: of Bond Finance. JUSTICE COUNCIL 23.014 Annual development progr m prepa ngs. wftqnqe d1visionq 2diP Construction end Prop ration, procedure. content.qIllepe a aled by S. 18, pealed by q9. ert Management. PART I ch. 84257.1 (dDivision of Communicatioftsq 23.054 (e) Division of Information Services. STATE COMPREHENSIVE PLANNING 23.015 Annual economic report.[Am nded Coqmmisqsqiqo () Division of Motor Pool. by a. 9. ch. 84257, and transferred to a. 186q1031 by 1. Bureau of Aircraft. 23.01, chief planning officer of the the reviser.) 23.055 qh 2. Bureau of Motor Vehicles. state. (g) Division of Purchasing. 23.0111 Short title. Advisory B q?3.018 hy 18, L.. h) Division of Safety and Crime Prevention. 23.0112 Definitions. ch. WDivision of Surplus Property. 23.0113 Designation of departmental planning oqfqfql (3) The Division of Information Services sball op cer. erate and manage the Administrative Management 23.0114 State comprehensive plan; preparation; re 23.0161 Annual progress re 'port on state and Information Center. vision. regional planning.[ Repealed by 9. 18, ch. 84257.1 V.ck 69106. 1. Lth.70146. 1.& 7143;& 2,cL 71995, . c 74 m 1. 2.cb 7570, 1. chL .6247; w 1.2. && 77:11. 5, CL 23.0115 Specification of data and projections. 23.017 Authorization to contract Rapeated 23.136 Rep ,2 23.012 General powers and duties. by & 18, ch. 84257.) 23.0125 Data development by Departments of En In 20.23 Department otTransportation.There vironmental Regulation and Natural Re. 23.019 Population census determination. i created a Department of Transportation. sources. 23.13q6 R (1) The head of the Department of Transporta 23.013 State comprehensive plan: adoption; im (Transferred to a. 186901 by the reviser.) tion is the Secretary of Transportation. The secretary plementation. developmqeqn shall be appointed by the Governor subject to confir 23.014 Annual development program preparation, 23.0191 Tenyear site plansITransfened to 84254.1 matin by the Senate. The secretary shall serve at procedure, content. a. 186.801 by the reviser.] the Pleasure of the G overnor. 23.015 Annual economic report. (2) The secretary shall be a proven, effective ad 23.0193 Data Bank on Older Floridians 23.016 Special revorit FLORID) to a. by the mek itator wrq ty 0 combmn.. V., 2d 230161 Annual progress report on state anqa re experience shall clearly possess a broad knowledge of gional planning. 23.152 Floqrqi the administrative, financial, and technical aspects of 23.017 Authorization to contract. PART 11 be 23.153 out the development, operation, and regulation Of trans' 23.019 Population census determination. TRANSPORTATION C IS, Prtion systems and facilities or comparable sys 23.0191 Tenyear site plans. tems and fqcilities 23.0193 Data Bank on Older Floridians. 23.041 Short title. (3) The secretary shall appoint an assistant secre 23.042 Definitions. 23.152 F tar who shall possess quaJifications simil tothose membership for the secretary and who shall act in the aar 23.011 Governor; chief planning officer of 1 23043 Purposes. b ence of the secretary. The assistant secretary shall qgq: direct the state.8qPransferred to a. 186.004 by the revis 23.050 Functions and duties of secretary. f23.153 C Iv reonsibl, to the secreLary and shall perform such er.q1 23.0515 Expressway system; duty of Division o tees; bylaws uties as are assigned to him by the secretary. The Planning and Programming. assistant secretary shall serve at the pleasure 23.053 Inspections; investigations and hearings; secretary. by the reviser.) 4) The following divisions of the Department of witnesses; books and documents. Transportation are established: 23.0112 Definitions.[Amended bv a. 3, ch 23054 Exception; Florida Public Service Commis ) Division of Administration. 84257, and transferred to a. 196.q03 by qilqe reviser.q1 sion. b) Division of Construction. 23055 MultiMode Transportation Corridor Ad c Division of Maintenance. 23.0113 Designation of departmental Plan visory Board; state participation. (d) Division of Planning. ning ofricer.q[Transferred to a. 18605 by the re 6073 Retir (e) Division of precontruction and Design. viser. 23.041 Short I itle.I Repealed by a. 261,, ch. 84 rar if) Division of Public Transportation Operations. 309.q1 qpqr (5) The Operations of the citpartment shall be or 23.0114 State comprehensive Plan; prepare gnzd into a minimum of six districts. 25.385 Stan 23 ch 691 77 tion; revision.I Amended by 6. 5. ch. 84257, and 23.042 Definitionsi Repealed by a. 262. ch. 8qju 7.4. . ch 35 he.. L,h94 309. 25 transferred to a. 186.007 by the reviser.1 84309.1 caqs 26 s.112.66B 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.119.07 a. 119.07 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.119.07 review of audits, reports, and other data pertaining to attesting to documents in connection with the per. been asserted and validly applies. and such person active criminal investigative information are exempt the systems or plans: formance of official duties. Sections 117.01, 117.04, shall produce the remainder of such record for in- from the provisions of subsection (1). (b) Receive and comment upon all actuarial re- 117.05, 117.07, and 117.08 do not apply to the provi- spection and examination. If the person who has cus- (e) Any information revealing the identity of a views of retirement systems or plans maintained by sions of this section. An officer may not notarize his tody of a public record contends that the record or confidential informant or a confidential source is ex- units of local government; own signature. part of it is exempt from inspection and examination, empt from the provisions of subsection (1). (c) Cooperate with local retirement systems or History.--a.4.ch.84-97. he shall state the basis of the exemption which he (f) Any information revealing surveillance tech- plans on matters of mutual concern and provide tech- nical assistance to units of local government in the contends is applicable to the record, including niques or procedures or personnel is exempt from the assessment and revision of retirement systems or statutory citation to an exemption create or afford- provisions of subsection (1). plans; ed by statute, and, if requested by the person seeking (g) Any information revealing undercover person- the right under this subsection to inspect, examine, nel of any criminal justice agency is exempt from the President of the Senate and the Speaker of the or copy the record, he shall state in writing and with provisions of subsection (1). House of Representatives, which report details divi- PUBLIC RECORDS particularity the reasons for his conclusion that the (h) Any criminal intelligence information or record is exempt. criminal investigative information including the pho- sion activities, findings, and recommendations con- (b) In any civil action in which an exemption to tograph, name, address, or other fact or information cerning all governmental retirement systems. The re- 119.02 Penalty. subsection (1) is asserted, if the exemption is alleged which reveals the identity of the victim of the crime to exist under or by virtue of paragraph (m), or paragraph of sexual battery as devined in chapter 794 or the port may include legislation proposed to carry out 119.07 Inspection and examination graph (f), paragraph (g), paragraph (m), or paragraph identity of the victim of the crime of child abuse as Accelerated hearing; immediate compliance. (e) Adopt reasonable rules to administer the pro- 119.11 defined by chapter 827 is exempt from the provisions visions of this part. 119.12 Attorney's fees. (o) of subsection (3), the public record or part thereof of subsection (1). (2) The division may subpoena actuarial witness- 119.14 Periodic legislative review of exemptions in question shall be submitted to the court for an in- (i) Any criminal intelligence information or crim- es, review books and records, hold hearings, and take from public meeting and record require- spection in camera. If an exemption is alleged to exist inal investigative information which reveals the per- testimony. A witness shall have the right to be ac- ments. under or by virtue of paragraph (d) of subsection (3), sonal assets of the victim of a crime, other than prop- companied by counsol. History --a.19.ch.79-183;a.7.ch.84-254. an inspection in camera will be discretionary with the erty stolen or destroyed during the commission of the court. If the court rinds that the asserted exemption crime, is exempt from the provisions of subsection 119.02 Penalty.--A public officer who knowing- is not applicable, it shall order the public record or (1). ly violates the provisions of s. 119.07(1) is subject to part thereof in question to be immediately produced (j) All criminal intelligence and criminal investi- suspension and removal or impeachment and, in ad- for inspection, examination, or copying as requested gative information received by a criminal justice dition, is guilty of a misdemeanor of the first degree, by the person seeking such access. agency prior to January 25, 1979, is exempt from the CHAPTER 113 punishable as provided in s. 775.082 or s. 775.083. (c) Even ifan assertion is made by the custodian provisions of subsection (1). History.--s. 2.ch.5942.1909;RG3 425;CGL 491:a.l.cb.17173,1935;CGL 1936 Supp. 7520(6);a.73,ch.71-136;a-6.ch.75-225;a.4,ch.84-298. of a public record that a requested record is not a (k) The home addresses, telephone numbers, and COMMISSIONS public record subject to public inspection and exami- photographs of law enforcement personnel; the home 119.07 -Inspection and examination of rec- nation under subsection (1), the requested record addresses, telephone numbers, photographs, and 113.01 Fee for commissions issued by Governor. shall, nevertheless. not be-disposed of for a period of places of employment of the spouses and children of ords; exemptions.- (1)(a) Every person who has custody of a public 30 days after the date on which a written statement law enforcement personnel; and the names and loca- 113.01 Fee for commissions issued by Gov- record shall permit the record to be inspected and ex- requesting the right to inspect, examine, or copy the tions of schools attended by the children of law en- ernor.-A fee of $10 is prescribed for the issuance of amined by any person desiring to do so, at any rea- record was served on or otherwise furnished to the forcement personnel are ecempt from the provisions each commission issued bv the Governor of the state sonable time, under reasonable conditions, and under custodian of the record by the person seeking access of subsection (1). and attested by the Secretary of State for an elected supervision bv the custodian of the public record or to the record. If a civil action is instituted within the (l) Any information provided to an agency of 30-day period to enforce the provisions of this section state government or to an agency of a political subdi- officer or a notary public. However, no fee shall be re- his designee. The custodian shall furnish a copy or a with respect to the requested record, the custodian vision of the state for the purpose of forming ride- quired for the issuance of a commission as a notary certifie cc, of he record upon payment of the fee public to a veteran who served during a period of prescribed by law or, if a fee is not prescribed by law, shall not disclose the record except by order of a sharing arrangements, which information reveals the wartime service as defined in s. 1.01(15) and who has upon payment of the actual-cost of duplication of the court of competent juridiction after notice to all af- identity of an individual who has provided his name been rated by the United States Government or the record. The phrase "actual cost of duplication" means fected parties. for ridesharing arrangements as defined in 9. Veterans Administration to have a disability rating the cost of the material and supplies used to dupli- (d) The absence of civil action instituted for the 341.031(6), is exempt from the provisions of subsec- of 50 percent or more; such disability is subject to cate the record, but it does not include the labor cost purpose stated in paragraph (c) will not relieve the tion (1). verification by the Secretary of State who has au- or overhead cost associated with such duplication custodian of his duty to maintain the record as a pub- (m) Any information revealing the substance of a thority to adopt reasonable procedures to implement Unless otherwise provided by law. the fees to be lic record if the record is in fact a public record sub- confession of a person arrested is exempt from the this act. charged for duplication of public records shall be col- ject to public inspection and examination under sub- provisions of subsection (1), until such time as the history.--4 1 ch section (1) and will not otherwise excuse or exonerate criminal case is finally determined by adjudication, lected, deposited, and accounted for in the manner the custodian from any unauthorized or unlawful dis- dismissal, or other final disposition. prescribed for other operating funds of the agency. position of such record. (n) A patient record obtained by the Hospital (b) If the nature or volume of public records re- (3)(a) All public records which are presently pro- Cost Containment Board established under s. quested to be inspected, examined, or copied pursu- vided by law to be confidential or which are prohibit- 395.503, which record contains the name, residence ant to this subsection is such as to require extensive clerical or supervisory assistance by personnel of the ed from being inspected by the public, whether by or business address, telephone number, social securi- agency involved, the agency may charge. in addition general or special law, are exempt from the provisions ty or other identifying number, or photograph of any to the actual cost of duplication, a special service of subsection (1). person or the spouse, relative, or guardian of such (b) All public records referred to in ss: 199.222, person or which record is patient-specific or other- CHAPTER 117 charge, which shall be reasonable and shall be based 228.093, 257.261. 288.075, 624.319(3) and (4), and wise identifies the patient, either directly or indirect- NOTARIES PUBLIC on the labor cost of the peronnel providing the ser- 655.057(I)(b),(3). and(4) are exempt from the provi- ly, is exempt from the provisions of paragraph (1)(a). vice that is actually incurred by the agency or attrib- sions of-subsection (1). (o) A public record which was prepared by an utable to the agency for the clerical and supervisory 117.10 Law enforcement officers and correctional assistance required. (c) Examination questions and answer sheets of agency attorney (including an attorney employed or officers. (2)(a) A person who has custody of a public rec-, examinations administered by a governmental agen- retained by the agency or employed or retained by Ord and who asserts that an exemption provided in cy for the purpose of licensure, certification, or em- another public officer or agency to protect or repre- 117.10 Law enforcement officers and cor- ployment are exempt from the provisions of subsec- sent the interests of the agency having custody of the subsection (3) or in a general or special law applies to tion (1). A person who has taken such an examination record) or prepared at the attorney's express direc- rectional officers.--Law enforcement officers and a particular public record or part of such record shall shall have the right to review his own completed ex- tion, which reflects a mental impression, conclusion, correctional officers, as defined in s. 943.10, are nota- delete or excise from the record only that portion of amination. litigation strategy, or legal theory of the attorney or nes public for the purpose of notarizing, certifying, or the record with respect to which an exemption has 106 (d) Active criminal intelligence information and 107 s.119.07 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 119.12 s. 119.12 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.120.52 the agency, and which was prepared exclusively for s. 367.166 Water of sewer utility records; confidentiality. civil or criminal litigstion or for adversarial adminis- s. 395.0113 Hospitals and ambulatory surgical concern, disciplinary matters. quiring it to permit inspection or records persuant to 3. The nature and weight of the alleged compel- trative proceedings, or which was prepared in antici- s. 400.321 State and district nursing home and long-term care facility om- this chapter and such order is affirmed, the court ling interest, if any, in maintaining the exemption; pation of imminent civil or criminal litigation or im- bundamen councils. shall ass a reasonable attorney's fee for the appeal 4. The balance between the policy of open gov- minent adversarial administrative proccedings, is ex- s. 401.414 Emergency and nonemergency medical services, disciplinary pro- against such agency. ernment as a means of building public confidence empt from the provisions of subsection (1) until the ceedings. History.--s.5,ch.75-225;s.7,ch.84-298. and as a tool of accountability ans the alleged com- conclusion of the litigation or adversarial administra- s. 409.266 Medicaid investigations. pelling justification, if any, in the existence of the ex- tive proceedings. When asserting the right to with- s. 415.107 Confidentiality of reports and records relating to abuse of aged or 119.14 Periodic legislative review of exemp- emption. hold a public record pursuant to this paragraph, the disabled persons. tions from public meeting and record require- (b) An exemption shall be maintained only if re- agency shall identify the potential parties to any such s. 415.608 Confidential information with respect to domestic violence cen- ments.-- enacted by law after the legislative review demon- criminal or civil litigation or adversarial administra- ters. (1) This section may be cited as the "Open Gov- strates a compelling interest in such exemption. live proccedings. If a court finds that the document s. 447.205 Public Employee Relations Commission, draft orders. ernment Sunset Review Act." History.--s.8,ch.84-298. or other record has been improperly withheld under s. 447.605 Public employers; collective bargaining work products. (2) This act provides for the periodic automatic this paragraph, the party seeking access to such doc- s. 435.225 Department of Professional Regulation investigations. application of the open government policy to certain ument or record shall be awarded reasonable attor- s. 455.229 Information required of applicants to practice a profession. exemptions from s. 286.011 and chapter 119. CHAPTER 120 ney's fees and costs in addition to any other remedy s. 455.241 Patient records; copies of records to be furnished. (3)(a) On the dates specified in this subsection irdered by the court. s. 459.1315 Treatment programs for impaired medical professionals. with respect to the chapters of law specified in this (4) Nothing in this section shall be construed to s. 464.0155 Treatment programs for impaired nursing professionals. subsection, the provisions of ss. 119.01, 119.07, and ADMINISTRATIVE PROCEDURE ACT exempt from subsection (1) a public record which s. 465.0165 Handling of reports that pharmacist or pharmacy intern is im- 286.011 shall fully apply, notwithstanding any provi- was made a part of a court file and which is not spe- paired by alcohol or medicinal drug. sions in such chapters to the contrary, unless the ap- cifically closed by order of court except as provided s. 487.0613 Pesticide Review Council. plication of this subsection to such chapters has been 120.52 Definitions. in paragraphs (e),(f),(g),(m),and(o)of subsection (3). s. 496.09 Charitable organizations and solicitors contributions. modified by subsequent law passed by the Legisla- 120.53 Adoption of rules of procedure and public (5) Nothing in subsection (3) shall be interpreted s. 542.28 Civil antitrust investigations. ture: 120.54 Rulemaking; adoption procedures. as providing an exemption from or execption to s. s. 607.325 Registered agents; investigations by Department of Legal Affairs. 1. October 1, 1986, and at the end of each 10-year 120.55 Publication. 286.011. s. 634.348 Home warranty association investigatory records. period thereafter, with respect to chapters 1 through 120.57 Decisions which affect substantial interests. (6) The provisions of this section are not intend- s. 634.444 Service warranty association investigatory records. 99. 120.58 Agency action; evidence, record and subpoe- ed to expand or limit the provisions of Rule 3.220, s. 637.167 Optometric service plan investigatory records. 2. October 1, 1987, and at the end of each 10-year nas. Florida Rules of Criminal Procedure, reqarding the s. 637.326 Phamaceutical servide plan investigatory records. period thereafter, with respect to chapters 100 120.59 Orders. right and extent of discovery by the state or by a de- s. 639.282 Ambulance service contract investigatory records. through 199 except ss. 106.24 through 106.27 and 120.60 Licensing. fendant in a criminal prosecution. s. 639.33 Pranced funeral merchandise or service contract investigatory rec- 112.320 through 112.324. 120.68 Judicial review. History;--s.7.ch.67-125;s.4.ch.75-225;s.2.ch.77-60;s.2.ch.77-75;s.2, ords. 3. October 1, 1988, and at the end of each 10-year ch 77-94;s.2.ch.77-156;s.2.ch.78-81;sa.2.4.6.ch.79-187;s.2.ch.80-273; s. 648.46 Bail bondsman investigations. period thereafter, with respect to chapters 200 120.52 Definitions.--As used in this act: s.1.ch.81-245;s.1.ch.82-95:s.36,ch.82-243;s.6.ch.83-215;s.2.ch.83-209; s. 651.134 Continuing care contract investigatory records. through 299. (1) "Agency" means; s.1.ch.83-286:s.5.ch.84-298. s. 923.037 Mobile home park dispute investigations. 4. October 1, 1989, and at the end of each 10-year (a) The Governor in the exercise of all executive cf --s. 14.22 Sunshine State Games direct support organizations. s. 943.1395 Decertification of law enforcement and correctional officers. period thereafter, with respect to chapters 300 powers other than those derived from the constitu- s. 17.076 Department of Banking and Finance direct deposits. s. 943.173 Criminal justice training school examinations. through 399. tion. s. 20.19 Statewide Human Rights Advocacy Commities and district human 5. October 1, 1990, and at the end of each 10-year (b) Each other state officer and each state de- rights adbocacy committees. 119.11 Accelerated hearing; immediate com- period thereafter, with respect to chapters 400 partment, departmental unit described in s. 20.04, s. 23.129 Florida Mutual Aid Plan: inventory of law enforcement resources. pliance.-- through 499. commission, regional planning agency, board, dis- s. 27.151 Confideneiality of esecutive order assigoing a state attorney to, or (1) Whenever an action is filed to enforce the 6. October 1, 1991, and at the end of each 10-year trict, and authority, including, but not limited to, to assist in, another circle. provisions of this chapter, the court shall set an im- period thereafter, with respect to chapters 500 those described in chapters 163, 298, 373, 380, and s. 27.37 Council on Organized Crime. mediate hearing, giving the case priority over other through 599. 582 and s. 186.504, except any legal entity or agency s. 39.031 Juvenile confidential records pending cases. 7. October 1, 1992, and at the end of each 10-year created in whole or in part pursuant to chapter 36 s. 106.25 Florida Elections Commission and Division of Elections; elections (2) Whenever a court orders an agency to open its period thereafter, with respect to chapters 600 part II. violations. records for inspection in accordance with this chap- through 699. (c) Each other unit of government in the s. 110.201 Career service collective bargaining work products. ter, the agency shall comply with such order within 8. October 1, 1993, and at the end of each 10-year including counties and municipalities, to the s. 112.324 Commission on Ethics. 48 hours, unless otherwise provided by the court issu- period thereafter, with respect to chapters 700 they are expressly made subject to this act by general s. 112.533 Receips and processing of complains against law enforcement of ing such order, or unless the appellate court issues a through 799. or special law or existing judicial decisions. fears of currectical officers. stay order within such 48-hour period. 9. October 1, 1994, and at the end of each 10-year s. 113.14 Open government sunset review (3) A stay order shall not be issued unless the period thereafter, with respect to chapters 800 A deputy commissioner shall not, in the adjudication s. 125.455 Pruposed purchase of real property by county. court determines that there is a substantial probabil- through 899. of workers' compensation claims, be considered an s. 166.945 Pruposed purchase of real property by munopality. ity that opening the records for inspection will result 10. October 1, 1995, and at the end of each 10-year agency or part of an agency for the purposes of this s. 213.21 Department of Revenue records of last compromises. in significant damage. period thereafter, with respect to chapters 900 act. s. 213.22 Department of Revenue technical assistance advisements. (4) Upon service of a complaint, counterclaim, or through 999. (2) "Agency action" means the whole or part of a s. 229.551 Educational management; student achievement tests. cross-claim in a civil action brought ot enforce the (b) Records created prior to the date specified in rule or order, or the equivalent, or the denial of a pe- s. 229.521 Department of Educating direct support organizations. provisions of this chapter, the custodian of the public paragraph (a) with respect to any particular section tition to adopt a rule or issue an order. The term also s. 231.262 Complaints against behind administration and teachers. record that is the subject matter of such civil action of law shall be governed by the provisions of law in includes any denial of a request made under s. s. 231.291 Public school personnel files. shall not transfer custody, alter, destroy, or otherwise effect on the date the records were created, unless 120.54(5). s. 232.218 Confidentiality of assessment instruments. dispose of the public record sought to be inspected otherwise provided by law. (3) "Agency head" means the person or collegial s. 235.054 Proposed purchase of real property by school board. and examined, notwithstanding the applicability of (4)(a) In the year prior to the repeal of an exemp- body in a department or other governmental unit s. 237.40 Driver school board direct support organization. an exemption or the assertion that the requested rec- tion pursuant to this section, the Legislature shall statutorily responsible for final agency action. s. 240.209 Chancellor of State University System search committee. ord is not a public record subject to inspection and conduct a review of the exemption, considering the (4) "Committee" means the Administrative Pro- s. 240.241 Divisions of sponsored research at state universities. examination under s. 119.07(1), until the court di- following criteria: cedures Committee. s. 240.299 University direct support organizations. rects otherwise. The person who has custody of such 1. The nature and scope of the exemption, in the- (5) "Communications media technology" means s. 240.331 Community college direct support organizations. public record may, however, at any time permit in- ory and in practice; the electronic transmission of printed matter, audio, s. 252.355 Registry of disabled citizens. spection of the requested record as provided in s. 2. The rationale, purpose, or justification for the full-motion video, freeze-frame video, compressed s. 253.025 Acquisition of state lands. 119.07(1) and other provisions of law. exemption; video, and digital video by any method available. s. 263.261 John and Mable Fliazling Museum of Art direct support organi- History.--s.5.ch.75-225.s.2.ch.53-214;s.6ch.54-298. zation. 109 s. 265.289 State theater contract organizations. 119.12 Attorney's fees.-- s. 282.318 Serurity of data and information technology resources. (1) If a civil action is filed against an agency to s. 320.025 Confidential or fictruous motor vehicle license; application for enforce the provisions of this chapter and if the court registration. determines that such agency unlawfully refused to s. 337.105 Department of Transportation requests for proposels; price pro- permit a public record to be inspected, examined, or posals. copied, the court shall assess and award, against the s. 337.14 Department of Tranportation construction contracts; certifica- agency responsible, the reasonable costs of enforce- tion of applicants. ment including reasonable attorney's fees. s. 350.121 Confidentiality of business material obtained for purposes of in- (2) Whenever an agency appeals a court order re- quifies by Florida Public Service Commincation. 108 s. 303.124 Access to telephone company records. s. 366.124 Public utility records: confidentiality. s. 120.52 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 120.52 s. 120.52 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 120.53 (6) "Division" means the Division of Administra- cial review when the proceedings relate to the rescis- of communication conducted pursuant to chapter All rules adopted pursuant to this act shall be in- tive Hearings of the Department of Administration. sion or revocation of parole. 934. dexed within 90 days. The Department of State shall (7) "Educational unit" means a local school dis- (12) "Person means any person described in s. 4. The safety and release of hostages. by rule estblished uniform indexing procedures. trict, a community college district, the Florida School 1.01, any unit of government in or outside the state, 5. The provision of security and protection to (3) No agency rule or order is valid for any pur- for the Deaf and the Blind, or a unit of the State Uni- and any agency described in subsection (1). public figures. pose until it has been made available for public in- versity System other than the Board of Regents. (13) "Proposed order" means the advance text, 6. The protection of witnesses. spection as herein required unless the person or party (8) "License" means a franchise, permit, certifica- under s. 120.58(1)(e), of the order which a collegial History.--s1ch74-310s1ch75-191s1ch76-131s1ch77-174s against whom enforcement is sought has actual tion, registration, charter, or similar form of authori- agency head plans to enter as its final order. When a 12ch72-290s2ch77-453s1ch78-28s1ch78-425s1ch79-20s knowledge of it. zation required by law, but it does not include a li- hearing officer assigned by the division conducts a 55ch79-40s1ch79-299s2ch81-119s1ch81-180s7ch82-180s (4) An agency may comply with paragraphs (2) cense required primarily for revenue purposes when hearing, the recommended order is the proposed or- 1ch83-78s2ch83-273s10ch84-170. (b) and (c) by designated by rule an official reporter issuance of the license is merely a ministerial act. der. Note Ref. to"s486.504"subst. for ref. to"ch160"to con- which publishes and indexes by subject matter each (9) "Licensing" means the agency process respect- (14) "Recommended order" means the official form to the renumb. of s160.01FS'83which sec. spec. pro- agency order rendered after a proceeding which af- ing the issuance, denial, renewal, revocation, suspen- recommendation of a hearing officer assigned by the vides forthecreat.of reg.plan.cncls,ass106.504bytherevisor fects substantial interests has been held. sion, annulment, withdrawal, or amendment of a li- division to an agency or of any other duly authorized in the preparation of the F.S. '84 Supp. (5) An agency which enters into a contract pursu- cense or imposition of terms for the exercise of a li- presiding officer, other than an agency head or mem- cf.s.11.60Admin.Proced.Committee;creation;membership; pow- ant to the provisions of ss. 282.301-282.313, chapter cense. ber thereof, for the final disposition of a proceeding ers; duties. 255, chapter 287, or chapters 334-349 shall adopt (10) "Order" means a final agency decision which under s. 120.57. s.27.37CouncilonOrganizedCrime;excl.from defin.of "agcy." rules specifying procedures for the resolution of pro- does not have the effect of a rule and which is not ex- (15) "Rule" means each agency statement of gen- s.110.207Careerserv.clssspecf,ttlsm,and codes;exclusion tests arising from the contract bidding process. Such cepted from the definition of a rule, whether affirma- eral applicability that implements, interprets, or pre- from definition of "rule." rules shall at least provide that: tive, negative, injunctive, or declaratory in form. An scribes law or policy or describes the organization, s.110.209Car serv.slry rngs and asgnmnt of rngs to posi- (a) The agency shall provide notice of its decision agency decision shall be final when reduced to writ- procedures, or practice requirements of an agency and tions; exclusion from definition of "rule." or intended decision concerning a bid solicitation or ing and filed with the person designated by the agen- includes any form which imposes any requirement or s.760.10Ref of compl to Comm on Human Rights; exclusion a contract award as follows: cy as clerk. The clerk shall indicate the date of filing solicits any information not specifically required by from definition of "agency action." 1. For a bid solicitation, notice of a decision or in- on the order. This subsection is not applicable to an statute or by an existing rule. The term also includes assessment of tax, penalty, or interest by the Depart- the amendment or repeal of a rule. The term does not 120.53 Adoption of rules of procedure and tended decision shall be given by United States mail ment of Revenue. Assessments by the Department of include: public inspection.-- or by hand delivery. Revenue shall be deemed final as provided in the (a) Internal management momoranda which do (1) In addition to othe requirements imposed by 2. For any other agency decision, notice of a deci- statutes and rules governing the assessment and col- not affect either the private interests of any person or law, each agency shall: sion or intended decision shall be given either by lection of taxes. any plan or procedure important to the public and (a) Adopt as a rule a description of its organiza- posting the bid tabulation at the location where the (11) "Party" means: which have no application outside the agency issuing tion, stating the general course and method of its op- bids were opened or by certified United States mail, a.120.54 1984 SUPPLE51ENT TO FLORIDA STATUTES 1983 a. 120.54 a. t2 'gency [tilts LL4,ire a lik-r-n %,hoe (justifications of the educational unit for advance notice of its Pro- and made a part of the record of the rulemaking pro- wise comply with the requested action, or deny the na%e been prescribed by rules ifthe agencv. ceedings and to organization" esentina persons ceeding. petition with a written statement of its reasons for 2. If the subject of a protest is not resolved by affected by the proposed rule. Mr (4)(a) Any substantially affected person may seek the denial. :;:utual agreement within 14 days of receipt of the 3. By posting in appropriate places so that those an administrative determination of the invalidity of (6) In rulemaking proceedings, the ency may ,irmal written protest and if there is a disputed issue particular classes of P any proposed rule on the ground that the pr9posed r9cognize y material which may be juall ersons to whom the intended an i icially no- f material fact, the 3t;cnc%- sliall refer the protest to action is directed may be duly notified. rule is an invalid exercise of delegated legislative au- ticed, and it ' ro%q*de that materials so recognized t the division f,,r proceedings under s. 120-570). thority. be fi coLur.U Fnt. he record of the proceedin (G@ Each state agency, as defined in a. 216.011, Such publication, mailing, and posting of notice shall (b) The request seeking a determination under Be ore record of any proceeding is completed, ,hall adopt rulvs pt,widing a proccchire for conduct- occur at least 14 days prior to trio intended action. this subsection shall he in writing and must be riled parties shall be provided 4 list of such materials and hearings. and workshops, said for tak- (b) The notice shall be published in the Florida with the division within 14 days after the date of given a reasortable opportunity to examine them and Ing meetings, c as than 21 days prior to bl* t' n of the notice. It must state with particu- offer written commenu thereon or written rebuttal ;ng evidence, testimony. and argument at su h meet- Administrative Weekly not le lea 10 ings, hearings. and workshops, by means of commu- 'the intended action. except that notice of actions City the provisions of the rule or economic impact thereto. nications iredis technology. The rules shall provide to sed by educational units or units of government statement alleged to be invalid with sufficient expla- (7) Each rule adopted shelf be accompanied by a e p po nation of the facts or grounds for the alleged invalidi- reference to the apecific rulemaking authority pursu- that all evidenc, testimony, and argument presented with jurisdiction in only one county or a part thereof facts sufficient to show that the person chal- ant to which the rule was adopted and a reference to afford, @ equal consideration, regardless of need not be published in the Florida Administrative ty and shall be a om, Ing the proposed rule would be substantially of, the section or subsection of the Florida Statutes or the method of c . unication. If a meeting, hearing, Weekly or transmitted to the committee. The pro lengi -posed rule shall be available for inspection and copy- fc1d by it. the Laws of Florida being implemented, interpreted, or workshop is to be conducted by means of commu ing by the public at the time of the publication of no- (c) Immediately upon receipt of the petition the or made specific. nications media technology, or if attendance may be division shall forward copies of the petition ;@; the (8) Each rule adopted shall contain only one sub- provided by such ineans, the notice shall so state. tice. and workshops (2)(a) Each agency, prior to the adoption, amend- agency whose rule is challenged, the Department of ject and shall be preceded by a concise statement of The notice for meetings, hearings, vide information State, and the committee. Within 10 days after re- the purpose of the rule and reference to the rules re- utilizing communications media technology shall ment, or repeal of any rule, shall pro state how persons interested in attending may do so on its proposed action by preparing a detailed eco- ceiving the petition, the division director, if he deter- pealed or amended, which statement need not be and shall name locations, if any, where communica- nomic im act statement. The economic impact state- mines that the petition complies with the above re- printed in the Florida Administrative Code. PtLrsu- tions media technology 13cilities will be available. ment shaFI include: =ents, shall assign a hearing officer who shall ant to rule of the Department of State, a rule may in- 1. An estimate of the cost to the agency of the I'm- t a hearing within 30 days thereafter, unless corporate material by reference but only as such ma- Nothing in this subsection shall be construed to di- minish the right to inspect public records under plementation of the proposed action, including the I the petition is withdrawn. Within 30 days after con- terial exists on the date the rule is adopted. For pur- chapter 119. Limiting points of access to meetings, estimated amount of paperwork; clusion of the hearing, the hearing officer shall render oses of such rule, changes in such material shall isions. of 2. An estimate of the cost or the economic benefit big decision and state the reasons therefor in writing. gave no effect with respect to the rule unless the rule hearings, and workshops subject to the prov to all persons directly affected by the proposed ac- The division shall forthwith transmit copies of the is amended to incorporate such material as changed. s. 286.011 to faces not normally open to the public hearing officer's decision to the Department of State No rule shall be amended by reference only. Amend- shall be prestimed to violate the right of access of the tion; ch cir- 3. An estimate of the impact of the proposed ac- and to the committee. The hearing officer may de- ments shall set out the amended rule in full in the public; and any official action taken under su n market for employ, clare the propdsed rule wholly or partly invalid. The same manner as required by the constitution for cumstances is void and of no effect. Other laws relat- tion on competition and the ope proposed rule or provision of a proposed rule de- laws. ing to public meetings, hearings, and workshops, in- ment, if applicable; and d method clared invalid shall be withdrawn from the committee (9)(a) If anlag ncy rinds that an immediate den- A detailed statement of the data an e eluding penal and remedial provisions, shall apply to 4. 1 by the adopting agency and shall not be adopted. No get to the public headth, safety, or welfare reiuires meetings, hearings, and workshops conducted by used in making each of the above estimates. rule shall be riled for adoption until 21 days after the 'gency action t chnology and (b) If an economic ired eme the agency may adopt any to a ne means of communications m2dia a impact statement 18 requ notice required by subsection (1) or until the hearing cessitated by the immediate danger by any procedure shall be liberally construed in their application to before an agency takes action on an application or officer has rendered his decision, as the case may be. which is fair under the circumstances and necessary such'meetings, hearings, and workshops. petition by any person, the statement shall be pre- However, the agency may proceed with all other to protect the public interest, provided that: @191;. 2..h, 7 6-131; 2. ch. 79-M @ pared within a reasonable time after the application L ch 4, IQ. 2. ch. -217,; 3. ch. 83-273. & steps in the rulemaking process, including the hold- 1. The procedure provides at least the procedural Ch, 51-296: L 2. Ch 61,30; S. ch. 63.91 s. 34. ch@ 63 is made or the petition is riled. ing of a factfinding hearing pursuant to subsection protect-ion given by other statutes, the Florida Con- cf th, I@ 203 a R- -W,.1 -u- (c) The failure to provide an adequate statement (3). In the event part of a proposed rule is declared stitution, or the United States Constitution. of economic impact. is a ground for holding the rule W P"b""" C--'- 'A'-- P""d... invalid; however. beginning October 1, 1978. no rule invalid, the adopting agency may, in its sole discre- 2. The agency takes only that action necessary to -lared invalid for want of an adequate tion, withdraw the prtziurd rule in its entirely. The Prd4)tcct the public interest under the emergency pro- ,hall fie oc( a P whose propoe . le has been declared inval- ce ijenc) LIM 12o.54 Rulemaking-, adoption procedures- tatement of economic impact unless the issue is I (1) Prior to the adoption, amendment, or repeal S n hole or part shall give notice of the decision in 3. The agency publishes in writing at the time of, raised in an administrative or judicial proceeding of any rule not described in subsection (9), an agency w It the first available issue of the Florida Administrative or prior to, its action the specific facts and reasons shall give notice of its intended action, setting forth ithin I year of the effective date of the rule to w ich Weekly. . for finding an immediate danger to the public healt' a short and plain explanation of the purpose and ef- the statement applies. (d) Hearings held under this provision shall be safety, or welfare and its reasons for concluding I fect of the proposed rule, the specific legal authority (3) If the intended act ion concerns any rule other conducted in the same manner as provided in 9. the procedure used is fair under the circurnsta!.. under which its adoption is authorized, and a sum- than one relating exclusively to organization, proce- 120.57 except that the hearing officer's order shall be In any event, notice,of emergency rules, other : mary of the estimate of the economic impact of the dure, or practice, the agency shall, on the request of final agency action. The agency proposing the rule those of educations units or units of government any affected person received within 14 days after the propo ed rule on all persons affected by it. d per- and the person requesting the hearing shalI,,be adver- with jurisdiction in oniv one county or a 9,art thereof. (a) a Except as otherwise provided in this para- date (if publication of the notice, give offecte sary parties. Other substantially affected persons including the full text of the rules, shall published graph, the notice shall he mailed to the committee, to sons an opportunity to present evidence and argu- may join the proceeding as parties or intervenors on in the first available issue of the Florida Achministra- a persons named in the proposed rule, and to all ment on all issues under consideration appropriate to appropriate terms which will not substantially delay tive Weekly. The agency's findings of im!aediate lIr r the agency for ad- inform it of their contentions. Prisoners, as defined the proceedings. Failure to proceed under this sub- danger, necessity, an procedural fairness shall be ju- pe sons who have made requests of vance notice of its proceedings at least 14 days prior in a. 944.02(5)1, may be limited by the Department of section shall not constitute failure to exhaust admin- dicially reviewable. so give such no. Corrections to an opportunity to submit written iwative remedies. (b) Rules pertaining to the public health, safety, to such mailing. The agency shall of de- tice as is prescribed by rule to those particular classes statements concerning intended action on any (5) Any person regulated by an agency or having or welfare shall include, but not be limited to, those of persons to whom the intended action is directed. pertinent rule. The agency may schedule a public a substantial interest in an agency rule may petition rules pertaining to perishable agricultural commodi- Notice of intent by an educational unit to adopt, hearing on the rule and, if requested by any affected I an agency to adopt, amend, or repeal a rule or to pro- ties. amend, or repeal any rule not described in subsection person, sh@ll schedule a public hearing on the rule. vide the minimum public information required by a. (c) An emergency rule adopted under this subsec- 191 shall be made: Any material pertinent to the issues under consider- 120.53. The petition shall specify the proposed rule tion may not be effective for a period longer than 90 By publication in a newspaper of general cifcu. ation submitted to the agency within 14 days after and action requested. Not later than 30 calendar days days and shall not be renewable, except during the lation in the affec'@ed area; the date of publication of the notice or submitted at after the date of riling a petition, the agency shall ini- pendency of a challenge to proposed rules addressing 2. By mail to all persons who have made requests a public hearing shall be considered by the agency tiate rulemaking proceedings under this act, other- the subject of the emergency rule. However, the agen- 112 113 12.54 1981 SUPPLEMENT TO FLORIDA STATUTES 1983 s.120.54 a.120.54 1984 SUPPLEMENT TO FLORI may take idenuc3l iction by noinal rulemaking ics of (lie rule it proposes to ado t a summary of the of the publication in which the original notice of rule- 2. . rule, a summary of any hearings held on the rule, and making was published and shall notify the Depart- one a u dures. ment of State if the rule is required to be filed with coun d Subject to applicable constitutional and stat- a detailed written statement of the facts and circum- the Department of State. After a rule has become ef- to in utory provisions, an emergency rule becomes effec- stances justifying the rule. Agencies not required to Live immediately on filing, or at a date less than 20 publish their rules in the Florida Administrative fective, it may be repealed or amended only through not It days thereafter if specified in the rule, if the adoptbin Code shall file one certified copy of the proposed regular rulemaking procedures. Excql agency rinds that such effective date is necessary rule, and the other material required above, in the of- (14) If the committee disapproves a proposed trativ aue of an immediate danger to the public health, rice of the agency head; and such rules shall be open rule and the agency does not modify the rule, the nqess to tile public pursuant to s. 120.542). Filings shall be committee shall file with the Department of State a 3. safety. or wclfare notice of the disapproval detailing with particularity deali The Admmi.,*,rjlio.n Commission shall pro. made no less than 21 days nor more than 90 days af- its objection to the rule. The Department of State with mte one or more acts ot model ru!es of procedure ter the notice required by subsection (1). If a public hich shall he rt,Niewc-d bv the committee and filed hearing is held, the 00-day limit is extended to 21 shall publish this notice in the Florida Administra- summ ith the Department of State. Oil filing with the de- days after adjournment of the final hearing on the tive Weekly and shall publish, as a history note to the cd fro rtmnt, the approprute model rules shall be the rule, 21 days after receipt of all material authorized rule when it is publi3hcd in the Florida Administra- where of proqi e for each agency subject to this act to be submitted at the hearing, or 21 days after re- tive Code, a reference to the committee's disapproval shall -y does not adopt a ape- and to the issue, of the weekly in which the full text cy pu to the extent that each . I. ceipt of the transcript, if one is made, whichever is -en ifi rule of procedure altering the subject matter latest. For purposes of this paragraph, the term "pub- thereof appears. date : nined in the model rules applicable to that agen- lie hearing' includes any public meeting held by any (15) No agency has inherent rulemaking authori- exam cy. An agency may seek modification of the model agency at which the rule is considered. The filing of ty; nor has any agency authority to establish penal- (b). ul of procedure to the extent necessary to conform a petition for an administrative determination under ties for violation of a rule unless the Legislature, 4. any requirement imposed as a condition precedent the provisions of subsection (41 will toll the 90-day hen establishing a penalty, specifically provides Admi hi period during which a rule must be filed for adoption that the penalty applies to rules. However, an agency uses receipt of federal funds or permit qsersons in t is y adopt rules, necessary to the proper imptementa- accoqn tae to receive tax benefits Lin der fe eral law or as until the hearing officer has riled his order with the ma required for the most efficient operation of the aqgen. clerk. At the time a rule is riled. the agency shall cer- t1ion of a statute prior to the effective date of the stat- cousin cv as determined by the Administration Commission. tify that the time limitations prescribed by this sub- ute. but the rules may not be enforced untfl the stat- which ute u n which they are based is effective. 120.5 the reasons for the modii1cation shall be published section have been complied viith and that there is no I in the Florida Administrative Weekly. Agency rules administrative determination pending on the rule. 6 The rulemaking provisions of this chapter do appr cpted to comply with ss. 120.53 and 120.565 most The department shall reject any rule not riled within not apply to compensation appeals referees. state be i substantial compliance with the model rules. the prescribed time limits or upon which an adminis- (17) Rulemakinqg proceedings qhall be governed and a (3-1)(a) The adopting agency shall file with the t,trative determination is pending.. If. a rule has not solely by the provisions of this section unless a per- of the committee: atleast 21 days p1riciqr to the proposed, been..adoptqd within,the time limits imposed by this sow timely asserts that his substantial interests will 8qVob section the agency proposing the rule shall withdraw (b) adoption date,'a copy of, each rule it proposes to be.aqffected in.the proceeding and affirmatively'denti "Flor adopt: a detailed written statement of the facts and the rule and give notice of its action in the same man- onstrates to the agencythat ihe'proceeding does not circumstances justifying the proposed rule; a copy of ner as is prescribed in paragraphs (1)(a) and (b) provide adequate opportunity to protect those inter- tain: ests. If the agency determines that the rulemaking 1. the estimate of economic impact required by subsec- (121 Whenever an act of the Legislature is enact- proceeding is not adequate to protect his interests, it filed 7 tion (2; a sLatement of the extent to which the pro. ed which requires implementation of the act by rules shall suspend the rulemaking proceeding and con- 2. posed rule establishes standards more restrictive of an agency within the executive branch of state gov- w than federal standards Gr a statement that the pro- ernment, such rules shall be drafted and formally I vene a separate proceeding under the provisions of a. sho qI posed rule is no rticre restrictive than federal stan- proposed as provided herein ivithin 180 days of the 120.57. Similarly situated persons may be requested the t dards or that a federal rule on the same subject does effective date of the act unless the provisions of the to join and participate in the separate proceeding. refere ot exist: and tht notice required by subsection (1). act T, -He otherwise. Upon conclusion of the separate proceeding, the rule- Live After the final public hearing oil the proposed rule, or -(1.3)ka) fine proposed rule shall be adopted on be- making proceeding shall be resumed, pulqaql iistory.- L,b.14-310,. a, L 76-131;m t,&.cb, 78-2276, q3q. after the Lime for requeating a hearing has expired, ing 'iled with the Department of State and become 1. & 77-174, , 13. ih77-291); .. 3. th. 77 453; . 2. ch- 78M 2. ch- 78-425; the adopting azencv shall fill; any changes in the pro- effective 20 clavs after being filed, on a later date 7, 1h. 793. . 3, h. 79-299; .. 69, ch, 79.4a, ., 6, 11,. Salst; 1, L 81-3og.. shops p1prule and-the -reasons therefor with the commit- specified in the rule, or on a date required by statute. .2.,.h 33-161; .. 1. A, 84 173; .2, tt, 84-Wo. 9. 120 I-S-ion 2. h 84-20. p.m- to dd . '..bqi- (12)o to & IM54, in wh Lee advise the c,immittee that there are no Rules not required to be filed with the Department of un, ..i.. (12). changes. In addition, when any change is made in a State shall become effective when adopted by the app- W 4. proposed rule. oi6er than a technical change, the agency head or on a later date specified by rule or b- 021 h- 6- -b .. d.. amen 11pppp2pd I, @pubt",d h... ping aztric% shall provide a detailed statement of statute. Ifq- 161.161 B-chiiioiii.. -ud heatim ad4iti-al mdom uquir-ot. adop @ 40 @ change by certifird ruail or actual deliverv to ib, After the notice required in subsection it) '055 D@Pq@ittt d, pli..of fd ... J w.d-lt, 5. ny person who requests it in writing at tile public and prior to adoption, the agency may withdraw the any p @arn2pe azency shall file the change with the rule in whole or in part or may make such changes in 120-55 Publication- 6. cmt,e, and pro,ide the statement of change to the rule as are supported by the record of public (1) The Department of State shall: or ad erns reqestini it, at least 7, days prior to filin hearings held on the rule, technical changes which do (all. Publish in a permanent compilatioh entitled 7. the rule for adoption. Educational units, other than not affect the substance of the rule, changes in re- "Florida Administrative Cocle- all rules adopted by by th units f the State Lni,tersity SNstern slid the Florida sponse to written material relating to the rule re- each agency, citing the specific rulemaking authoritv the p ch for the Dc,f and th Blind, and local units (if ccied by the agency within 14 days after the notice pursuant to which each rule was adopted, all history 8. government with jurisdiction in on1v one county or and made a part of the record.of the proceeding, or notes as authorized in 9. 120.54r,(S), and complete in- law o part thereof shall not be required to make filings with changes in response to a proposed objection by the dexes to all rules contained in the code. Supplemen- committee. After adoption and before the effective least monthly. The department shall, by July 1. 1961, for p the committee. this paragraph does not apply to lation shall be made as often as practicable, but at The emergency rules adopted pursuant to subsection (9). date. a rule may be modified or v6 ithdrawn only in re- However, agencies other than those listed herein, spouse to an objection by the committee or may be contract with a publiAung firm for the publication, in (cq) adopting emergency rules shall file a copy of each modified to extend the effective date by not mitre a timely and useful fAirm, of the Florida Administra. fIli emergency rule with the committee. than 60 davs when the committee has notified the sponsibility for the code as provided in this section. (d) If the adopting agency is required to publish agency that .an objection to the rule is being conid- its rules in the Florida Administrative Code, it shall This publication shall be the official compilation of error ered. The agency shall give notice of its decision to file with the Department of State three certified cop- withdraw or modity a rule in the first available issue the administrative rules of this state. the r 114 60 115 ILI 19S I S UPPI. EM F. N"r To F11L) ILI 11A @TATUTES 1983 s.120.57 a.120.57 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.120.57 @Unt of the uppropriate agcn@y. and insert history (erred to the General Revenue Fund an amount equal c. A reference to the articular sections of the i. The official transcript. to all funds appropriated to the trust fund. statutes and rules involvel 6. The agency shall accurately and completely (e) Make copies of the Florida Administrative Hist a ry.- 1. ch. 7,4410, & 1. ch. 73-107; & 4. CIL 73- 191; & S. ckL .6-131;a, 7, d. Except for any hearing before an preserve all testimony In the proceeding, and, an the Weekly available on an annual subscription basi's 41-ch 7-463; . 3. A 71a.4Z5. . 4, k 79-20.1 7. L 8Q-391; . unemploy- , ck 81 M1, ment compensation appeals referee. a short and plain request of any party, it shall.make a full or partial computed to cover a pro rata share of 50 percent of sta ement of the matters asserted by the agency and transcript available at no more than actual cost. In :he cobts related to the publication of the Florida Ad- 120.57 Decisions which affect substantial by tail parties of record at the time notice is given. It any proceeding before a hearing officer iaitiated by a winisirstive Weekly. interests.-The provisions of this section apply in th a nFy ca an art is unable to state the matters consumptive use permit applicant pursuant to sub- if) Charge each agency using the Florida Admin. all proceedings in which the substantial interests of a in a Micient detai at the time initial notice is given, paragraph 13., the applicant shall bear the cost of ac- i@lrative Weekly a space rate computed to cover a pr ii@rty are determined by an agency, unless such pro- th:notice may be limited to a statement of the issues curately and ccamplet@l preserving all testimony and rata share of 50 percent of the costs related to tho ceedings are exempt puriuant to subsection (5). Un- involved, and thereafter, upon timely written appli- providing full or partuitranscripts to the water man- Florida Admini5trative Weekly. less waived by -all girties, subsection (1) applies cation, a more definite and detailed statement shall agement district. At the request of any other party, .(2) Each a@ency shall print or distribute copies of whenever the procee ing involves a disputed issue of be furnished not less than 3 days prior to the date set full or partial transcripts shall be provided at no As rules, citing the specific rulemakirn, authority put- material fact Unless otherwise agreed, subsection (2) for the hearing. MOtO than cost. <uant to which @3ch rule was adoptcS. applies in all other cases. 3. Except for any proceeding conducted as pre- 7. Findings of fact shall be based exclusively on t3) Any publication of a proposed rule promul. (1) FORMAL PROCEEDINGS- scribed in a. 120.54(4) or a. 120.56, a petition or re- the evidence of record and on matters officially rec- cated by an njency, whether published in the Florida (a) A hearing officer assigned by the division quest for a hearing under this section shall be riled ograi2ed. Administrative Code or elsewhere, shall include, shall conduct all hearings under this subsection. ex- with the agency. If the agency elects to request a S. Exce I as provided in subparagraph 12., the .oong with the rule, the n3me of the person or per- ce pt for: hearing officer from the division, it shall so notify the hearing ofpcer shall complete and submit to the sons originating such rulc,, the name of the supervisor 1. Hearings before agency heads or a member division within 10 days of receipt of the petition or agency and all parties a recommended order consist- c,r person who approved the rule, and the date upon thereof other than an agency head or a member of an request. When the Florida Land and Water Adjudi- ing of his findings of fact. conclusions of taw, inter- which the rule was approved. e agency head within the Department of Professional catory Commission receives a notice of appeal pursu- pretation of administrative rules, and recommended (4)(a) The Department of State shall furnish th Regulation; ant to s. 380.07, the commission shall notify the divi- penalty, if applicable, and any other information re- Florida Administrative Code and the Florida Admin- 2. Hearings before the Unemployment Appeals sion within 60 days of receipt of the notice of appeal quired by law or agency rule to be contained in the fl- @strative Weekly, without charge and upon request, Commission in unemployment compensation ap- if the commission elects to request the assignment of nal order. The agency shall allow each party at least 23 follows: a hearing officer. On 'he request of any elency, the 10 days in which to submit written exceptions to the 1. One set to each federal and state court having unemployment compensation appeals referees, :urisdiction over the residents of the state; the Legis- PMV special deputies pursuant to a. 443.141; division shall assign a hearing officer with ue regard recommended order. 3. Hearings regarding drivers' licensing pursuant to the expertise required for the particular matter. 9. The agency may adopt the recommended order lative Library; each state unk ersity library; the State The referrin; agency shall take no further action with as the final order of the agency. The agency in its fl- to chapter 322; Library; each dep itory library designated pursuant respect to the formal proceeding, except as a party nal order may reject or modify the conclusions of law to s. 257.05; and easch standing committee of the Sen- 4. Hearings conducted within the Department of litigant, as long as the division has jurisdiction over and interpretation of administrative rules in the rec- Health and Rehabilitative Services in the execution ,,e and House of Representatives and each state leg he formal proceeding, An, party may request Ile camamencled order, but may at reject or modify the islator upon request of the Senate President's o ; of those social and economic proigam, administered disqualification of the hearing officer by filing an af- findings of fact unless the agency rust determines by the former Division of Family . er .%ices of said de- ficlavit with the division prior to the task . , of evi- House Speaker's Office. ing from a review of the complete record. and states with 2. Two sets to each state department. partment prior to the reor anization effected by dence at a hearing, stating the grounds with particu- particularity in the order, that the findings of fact 3. Three sets to the library of the Supreme Court chapter 75-48, Laws of Florills; larity. were not based upon competent substantial evidence -4of Florida, the library of each state district court of w 5. Hearings in which the division is a party, in 4. All parties shall have an opportunity to re- or that the proceedings on which the findings were appeal, the division, the library of the Attorney Gen- hich case an attorney assigned by the Administra- spond, to present evidence and argument on all issues based did not comply with essential requ!rements of eral, each law school library in Florida, the Secretary tion Commission shall be the hearing officer; involved, to conduct cross-examination and submit law. The agency may accept or reduce the recom- of the Senate, and the Clerk of the House. 6. Hearings which involve student disciplinary rebuttal evidence, to submit proposed findings of mended penalty in a recommended order, but may 4. Ten sets to the committee. suspensions or expulsions and which are conducted facts and orders, to rile exceptions to any order or not reduce or increase it without a review of the com- (b) The Department of State shall furnish one by@edoHeatiroinalsunits; hearing officer's recommended order, and to be rep- plete record and without stating with particularity Us copy of the Florida Administrative Weekly, at no , . ea ng of the Public Employees Relations resented by counsel. When appropriate, the general reasons therefor in the order. by citing to the record -,ost, to each clerk of the circuit court and each state Commission in which a determination is made of the public may be given an opportunity to present oral or in justifying the action. When there *as a eal, the aepartment, for posting for public inspection. appropriateness of the bargaining unit, as provided written communications. if the agency prop ,:ses to court in its discretion may award r=.n ttor- (5)(a) There is herebv created in the State Tres- in s. 447.307; and consider such material, then all parties shall given ney's fees and costs to the prevailing party if tho @ury a revolving fund to be known as the -Publication 8. Hearings held by the Department of Agricul- an opportunity to cross-examine or challenge or re- court findst that the appeal was frivolous, rne:itl@@- levolving Trust Fund" of the Department of State. lure and Consumer Services pursuant to chapter 601. but it. or an abuse of the appellate process or that the aZ;; (b) All fees and moneys collected by the Depart- (b) In any case to which this subsection is appli- 5. The record in a case governed by this subsec- % action which precipitated the appeal was a g. .,nent of State under this chapter shall be deposi!ed cable, the following procedures apply: tion shall consist only of; use of the agency's discretion. ;n the revolving trust fund for the purpose of paying 1. A request for a hearing shall be granted or de- a. All notices, pleadings, motions, and intermedi- 10. If the hearing officer assigned to a hearing be- I.or the publication and distribution of the Florida nied within 15 days of receipt. ate rulings; comes unavailable, the division shall assign another Administrative Code and the Florida Administrative 2. All parties shall be afforded an opportunity for b. Evidence received or considered; bear .ing officer who shall use any existing record and Weekly and for associated costs incurred by the de- a hearing after reasonable notice f not less than 14 c, A statement of matters officially recognized; receive tiny additional evidence or argument, if any, partment in carrying out this chapter. days; however. the 14-day notice requirement may be d. Questions and proffers of proof and objections which the new hearing officer finds necessary. (c) The unencumbered balance in-the revolving waived with the consent of all parties. In a prelimi- and rulings thereon; 11. A hearing officer who isa member ofan agen- trust fund at the beginning of each fiscal year shall nary hearing for the revocation of parole, no less than a. Proposed findings and exceptions; cy head may participate in the formulation of the fi- not exceed S100,C00, and any excess shall be trans- 7 clays' notice shall be given. In a hearing involving a f. Any decision, opinion, proposed or recommend- nall order of the agency, provided he has completed ferred to the General Revenue Fund. student disciplinary suspension or expulsion con- ed oycler, or report by the officer presiding at the all his duties as bearing officer. (d) It is the intent of the Legislature that the ducted by an educational unit, the m-day notice re- hearing; 12. In any application for a license or merger pur- @*lorida Administrative Weekly be supported entirely quirement may be waived by the agency head or the 9. All staff memoranda or data submitted to the suant to title XXXVIII which is referred by the agen- from funds collected f,,r subscriptions to and silver. hearing officer without the consent of the parties. hearing officer during the hearing or prior to its dis- cy to the division for bearing pursuant to this section, ii.ements in the Florida Administrative Weekly. To The notice shall include; position, after notice of the submission to all parties. the hearing officer shall complete and submit to the that end, the Department of State is authorized to a. A statement of the time, place. and nature of except communications by advisory staff as permit- agency and to all parties a written report consisting @clcl a surcharge of 10 percent to any charge relating the hearing. ted under s. 120.660), if such communications are of findings of fact and rulings on evidentiary matters. u, the Florida Admini.,trative Weekly until such time b. A statement of the legal authority and jurisdic. public records; The agency shall allow each party at least 10 days in As the Publication Revolving Trust Fund has trans- tim) under which the hearing is to be held. h. All matters placed on the record after an ex which to submit written exceptions to the report. parte communication pursuant to s. 120.66(2); and 13. In any application for a consumptive use per- 116 117 8.120.57 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.120.58 8.120.58 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 :nit pursuant to part II of chapter 373, the water of supplementing or explaining other evidence, but it scope, or requires the production of irrelevant mate- der t management district on its own motion may, or, at shall not be sufficient in itself to support a finding rial, but the decision of the agency the request of the applicant for the permit, shall, re- unless it would be admissible over objection in civil or hearing officer riled ier the matter to the division for the appointment of actions. This paragraph applies only to proceedings on any such request i" not proposed agency ac- 1q1q1q.q1q. tirm go y . veined b 120.5 11. a hearing officer to conduct a hearing under this sec- under a. 120.57. (3) A party may seek enforcement of a subpoena, 12 tion. (b) An agency or its duly empowered presiding order directing discovery, or order imposing sanc- (q1) 2) INFORMAL PROCEEDINGS.-In any case officer or a rearing officer has the power to sweat tions issued under the authority of this act by filing subqse which subbection (1) does not apply: witnesses and take their testimony under oath, to is- a petition for enforcement in the circuit court of the is sub (a) The agency shall. in accor Jance with its rules sue subpoenas upon the written eat of an 'party judicial circuit in which the person failing to comply (2) ,if procedure: or upon its own motion, and to effect discovery on dise., ery on with the subpoena or order resides. A failure to c(3rn. reqquqi 1. Give reasonable notice to affected persons or the written request of any party by any means avail- ply with an order of the court shall result in a finding cqeedi parties (f the action of the agency, whether proposed able to the courts and in the manner provided in the of contempt of court. However, no person shall be in due r or already taken, or of its decision to refuse action, Florida Rules of Civil Procedure, including the imp- contempt while a subpoena is being challenged under paqrqtqi with a summary of the factual, legal, and sition of sanctions, except contempt. However, no subsection (2). The court may award to the prevailing ceqipqt policy grounds therefor. agency or its duly empowered presiding officer or any - hearing officer has the authority to issue any subpoe- curred in obtaining the court order whenever the appar 2. Give affected persons or parties or their coun party all or part of the costs and attorney a fees in. eqxami ,, an upportunity, at a convenient time and place, to ns or order directing discovtry to any member or em- court determines that such an award should be grant- tional present to the agency or hearing officer written or ployee of the Legislature when the subpoena or order ed under the Florida Rules of Civil Procedure. requir a evidence in opposition to the action of the agen- commands the production of documents or materials HiSt-Y- 1. CL 74310; L 8. cb 75-191; c BcL 76-131; L 7. Cb, 78425; & OUPPqI cy or of its refusal to act, or a written statement Chad. or compels testimony relating to the legislative duties & CIL 84.1-13 for de ngig the grounds upon which the agency has cho- of the member or employee. Any subpoena or order fired ten to justify its action or inaction. directing discovery directed to a member or an em- 120.59 Orders- a68qgnqlqz 3. 1 the objections of the persons or parties are ployee of the Legislature shall show on its face that (1) The Final order in a proceeding which affects w qich erruled, provide a written explanation within 7 the testimony sought does not relate to legislative du- substantial interests shall be in writing or stated in requir days. ties. the record and include findings of fact and conclu- within b) The record shall only consist of: (c) Any public employee subpoenaed to appear at sions of law separately stated, and- it shall be ren- tqion o 1. The notice and summary of grounds; an a dered within 90 days: quqeste veqlency proceeding is entitled to per them and 2. Evidence received or considered; tra expenses at the same rate as that provided for (a) After the hearing is concluded,41 clohilluctqW oqr oqqt All written statements submitted by persons :tfte employees under a. 112.061 if travel away from by theagency aqpqpqrqo such public eiqnpl8q4e!s hiadq quarterqi is required. Ali qM Aftei's' recoinminded 6'qider q6'submittedqto origin 4. Any decision overruling objections; i ' qp q" q" iarit to a subpoena the agency and mailed to all parties, if the hearing is other wiq6qeq;sels appearing purst 5. All matters placed on the record after an ex shall be pai oad8qqiti such fees and mileage for their attend- conducted by a hearing officer, or qmqisqsi parte communication pursuant to s. 120.66(2); and ance as is provided in civil actions in circuit courts of 6. The official transcript. this state. In the case of a public employee, such ex- (c) After the agency has received the written and action (3) Unless precluded bylaw, informal disposition penses shall be processed and paid in the manner oral material it has authorized to be submitted, if period ay be made of any proceeding by stipulation, provided to ency employee travel expense reim- there has been no hearing. under a-reed settlement, or consent order. bursement; qarqaqf, in the case of a witness who is not a omme 4 This section does not apply to agency investi- public employee, payment of such fees and expenses The 90-day period may be waived or extended with qartie gations preliminary to agency action. shall accompany the subpoena. the consent of all parties. prove 5 This section does not apply to any proceed' (d) Documentary evidence may be received in the (2) Findings of fact, if set forth in a manner qEerioqd in which the substantial interests of a student are dine! form of a copy or excerpt if the original is not readily which is no more than mere tracking of the statutory earqin ermind by the State University System. The Board available. Upon request, parties shall be given an op- language, shall be accompanied by a concise and ex- ter qth of Regents shall establish a committee, at least half portunity to compare the copy with the oiqlin8ql plicit statement of the underlying facts of record icy an of whom shall be appointed by the Council of Stu- (e) If a majority of those who are to ten er t e fi- which support the findings. If, in accordance with deeme dent Body Presidents, which shall establish by Janu- nal order have not heard the case or read the record, n@;Lncy rules, a party submitted proposed findings of coqmqpqi ary 1, 1985, rules and guidelines ensuring fairness a decision adverse to a party other than the agency it- q@a t or filed any written application or other request and due process in judicial proceedings involving stu- self shall not be made until a roposed order is mcconnection with the proceeding, the ord p . er shall in- and a dents in the State Uniersity System. This section served upon the parties and they are given (In 0 - clude a ruling upon each proposed finding and a brief ,spot law, sh hal nut become effective until January 1, 1985. tunity to rile exceptions and present br I oral statement of the grounds for denying the application this sqo Hi - # 1. @h 74-310@ @ 7 . zft s 6. ch % 'it; - I. - arguments to those who are to tender the decision. or request. @h 78 '5- oiilh 7@:425.. 6. ch.79.7-7-t, 9,95; The proposed order shal 3 If an agency head finds that an imme a licen 2. 1 contain necessary findings diate 4 1' h di 1 KI 9 ch &Mk6. 2. ch84 173: 1, basis 4 3 of fact and conclusions of law and a reference to the danger to the public health, safety, or welfare re- - @d when i III C-111 -1:- -d d--@ ... ;,. r,-J.@p i.M. bY - source of each. The proposed order shall be prepared quires an immediate final order, it shall ecite with -Wr-d -. cerise I J-",-.d-c.,i by the individual who conducted the hearing, if avail- particularity the facts underlying such finding in the Ingq, qt8qh able, or by one who has read the record. The parties final order, which shall be appealable or enjoinable any rqi 120.58 Agency action-, evidence, record and by written stipulation may waive compliance with from the date rendered. (q3) subpoenas.- this paragraph. The provisions of this paragraph do (4) Parties shallbe notified either personally or either In agency proceedings for a rule or order: n apply in the granting of parole or preliminary by mail of any order; and, unless waived, a copy of to gran or (a) Irrelevant, immaterial. or unduly repetitious hearings for the revocation of parole. the final order shall be delivered or mailed to each cation evidence shall be excluded, but all other evidence of (f) A party shall be permitted to conduct cross- party or to his attorney of record, Each notice shall shall a type commonly relied upon by reasonably prudent examination when testimony is taken or documents inform the recipient of-any administrative hearing or of qreqcqu persons in the conduct of their affairs shall be admis- are made a part of the record. judicial review which may be available to him, shall tice qof whether (t nut such evidence would be admissi- (2) Any person subject to a subpoena may, before indicate the procedure which must be followed to ob- cipient in a trial in the court- of Florida. Any part of the compliance and (in timely petition, request the agen- tain the hearing or judicial review, and shall state the view qW evidence may be received in written form, and all tes- cy or hearing officer having jurisdiction of the dis- time limits which apply. timony if parties and witness shall be made under pule 14) invalidate the subpoena on the ground that it the pr oath. Hearsay be used for the purpose wus not lawbilly issued. is unmaionably broad in (511 a recommended order is submitted to an taqte t agency, the agency shall return a copy of its Final or- :hall c 118 119 120.60 1984 SUPPLEMENT TO FLORIDA STATUES 1983 9.120.68 s.120.68 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 shall show the time and date the notice was sonal service or certified mail, an administrative corn- the court, upon petition of the agency, determines mailed or delivered and shall be filed with the agency plaint which affords reasonable notice to the license that a supersede as would constitute a probable dan- (4) The provisions of subsection (2) notwith- and unless the licensee has been qiven an adequate agency may also grant a stay upon spqEro private terms, I but, whether of not the action has the effect of sus- _ding, every application for a certificate author- opportunity to request a proceeding pursuant to 9. pending or revoking a license, a petition to the agen- tio p required by s. 624.401 shall be approved or de. 120.57. then personal service cannot be made and cy for a stay is not a prerequisite to a peition to the ed within lbO days after receipt of the original sp- the certified mail notice is returned undelivered, the court for supersedeas. In any event, the order shall cy ltion. Any application for such a certificate of au- agency shall cause a short. simple notice to the license. irfy which is not approved or denied within the ee to-be published once each week for 4 consecutive specify the conditions, if any, upon which the stay or av- period, or within 30 days after conclusion of weeks in a newspaper published in the county of the upersedeas is granted. qth public hearing held an the application, shall be licensee's last known address as it appears on the rec- (4) Judicial review of any agency action shall be emed approved, subject to the satisfactory comple- ords of the board. If no, newspaper is published in confined to the record transmitted and any additions made thereto in accordance with subsection (6). qPO n of condit;cns required be atatute as a prerequi- that county, the notice may be published in a news- (5) The record for judicial review shall consist of ie to license. paper of general circulation in that county. If the ad- fro (5) In poreedings for the issuance, denial, renew- cress is in some state other than this state or in a for- the following: A or amendment of a license or approval of a merger eign territory or country. the notice may be published (a), The agency's written document expresn eta -uruant to title XXXVIII: in Leon County. Not withstanding the provisions of the order, the statement of reasons therefore, if issueql, tail. The Department of Banking and Finance this section, cancellation, suspension, or revocation of and the record under a. 120.57, if review of proceed- bu -e published in the Florida Administrative ings under that section is sought. th a driver's license shall be by personal delivery to the a ha b) weekly notice of the application within 21 days of re- licensee or by first-class mail as provided in S. The agency's written document expressing ept. 322.251. the action, the statement of reasons therefor, if is- qhe sued, and the materials considered by the agency un- an 2. Within 21 days of publication of notice, any (8) It the agency finds that immediate serious der a. 120.54, if review is sought of proceedings under re 1ppmay request a hearing, which upon request danger to the public health, safety, or welfare re- that section. qcqo hal be conducted pursuant to s. 120-57 exce t that quire- emergency suspension, restriction, at limita- (c) The agency's written document expressing the -he Department of Banking and Finance shall iqty rule tion of a license, it shall show compliance in Its order action, and other written documents identified by the ag rcle for participation by the general public; how- with the requirements imposed llqoq a. 120.54(g) on agency as having been considered by it before its ac- qsqe ever the failure to request a hearing within 21 days agencies making emergency rules. unimary suspen- tion and used as a basis for its action, it review f publication of notice shaN constitute waiver of any sion. restriction, or limitation may be ordered, but a is aqq; ht to a hearing. r revocation proceeing sought of proceedings under a. 120.56 or a. 120.565 Of Ob formal suspension o ding under ) Should a hearing be requested pursuant to this section shall also be promptly instituted and act- if there has been- no proceeding under a. 120.54 or & tqw 120.57. uparagraph 2. of paragraph (a), the applicant or li- ed upon. (6) When there has been no hearing prior to qnqe ensfe sqall publish at his own cost a notice of the (9) If the Administration Commission grants an agency action and the reviewing court finds that the qwqr aring in a newspaper or general circulation in the exemption from any provision of this section as pro- validity of the action depends upon disputed facts, :a affected by the application. The Department of vided in s. 120.63, the exemption shall lie for a single the court shall order the agency to conduct a prompt, qiqn nking and Finance may by rule specify the format application only and shall not be renewable. fact finding proceeding under this act after having a it and Size of such notice. (10) This section does not apply to certification c) Notwithstanding subsection (2), every appli- of employee organizations pursuant to s. 447,307. reasonable opportunity to reconsider its determina- fin 3 on for license for anew bank, new trust company, Hi'ory! tion on the record of the proceedings. an in . 453.. 5--h.3 93,. 6,,bL 18423.. 1. ItL79-142. o. CA7P.qM. 2, dL 91- (7) The reviewing court shall deal separately with ac credit union, or new savings and loan asq@"Cq!B_ 1.40; .. 6. ch 84.-qM. s 2. ch. 64 qM. disputed issues of agency procedure, interpretations ion, and every application for acquisition of majority cf.1s twist Be" d roicratioa md erosion mntci Projects, of law, determinations of fact, or policy within the as nrol of a bank, trust company, or savarip and loan -03 515 PAL, notice; ..i., of heeriofs. agency's exercise of delegated discretion. tqi ciation involving a foreign national, shall be ap- (8) The court shall remand the case for further )roved or denied within 180 days after receipt of the 120.68 Judicial review.- agency action if it finds that either the fairness of the tqh ri-inal application or receipt of the timely requested (1) A party who is adversely affected by final qtroceedings or the correctness of the action may have q. I additional information or correction of errors or agency action is entitled to judicial review. For pur. een impaired by a materi qeqt missions. Any application for such a license or for poses of this section, a district school board whose al error in procedure or a failure to follow prescribed procedure. Failure of any .uisition of such control which is not approved or decision is reviewed under the provisions of a. 231.36 agency to comply with s. 120.53 shall be presumed to :nied within the 180-day period or within 30 days and whose final action is modified by a superior ad- be a material error in procedure. r conclusion of a public hearing on the appfica- ministrative decision shall be a party entitled to judi- (9) If the court rinds that the agency has errone- .on, whichever is the latest, shall be deemed ap- cial review of the final action. A preliminary, proqfe- ously interpreted a provision of law and that a cor- -roved subject to the satisfactory completion of con- dural. or intermediate agency action or ruling, in- rect interpretation compels a particular action, it ns required by statute as a prerequisite to li- cluding any order of a hearing officer, is immediately shall: e and approval of insurance of accounts for a new reviewable if review of the final aqjency decision -ings and loan association, or a new would not provide an adequate reme y. (a) Set aside or modify the agency action, or n. a new sa (b) Remand the case to the agency for further ac- dit union by the appropriate insurer. (2) Except in matters for which judicial review by tion under a correct interpretation of the provision of 12 6) When a licensee has niade timely and suffi- the Supreme Court is provided by law, all proceed. law. 12 nt application for the renewal (if a license which ings for review shall be instituted by filing a petition (10) If the agency's action depends on any fact not automatically expire by statute. the existing in the district court of appeal in the appellate district found by the agency in a proceeding meeting the re- 12 1ppshall not expire until the application has been where the agency maintains its headquarters or quirements of a. 120.57, the court shall not substitute n liv acted upon by the agency or. in case the appli- where a party resides. Review proceedings shall be in is denied or the terms of the license are lirnit- conducted in accordance with the Florida Appellate its judgment for that of the agency as to the weight of the evidence on any disputed finding of fact. The :. until the last dav for seeking re iew of the agency Rules. court shall. however, set aside agency action or re- 1pr a later date fixed by order of the reviewing co The filing of the petition does not itself stay tnand the case to the agency if it finds that the agen- 12 lt. enfareniLtit of the agency decision. but if the agency cy's action depends on any finding of fact that iii not I No revoc .atifoi, siopension, annuirntint, or decision has the effect of suspending or revoking a li- supported by competent substantial evidence in the 12 hdraalofani, license is lawtul iialess, i,rior it, (lie cense, supersedeas shall be granted as a inatter of record. 12 nr ot a final order, the agency has served, by pcr- right upon such coaditions as are reasonable, unless 121 A 20 8.159.30 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.163.03 for any contingencies involving the damaging, de- 160.08 Reports.-[Transferred to a.186.513 by struction, or condemnation of the project leased or the reviser.) any substantial portion thereof, such option to pur- chase may not be exercised unless all bonds issued 160.09 Creation of regional planning coun- for such project, including all principal, interest,and cils under ch. 163-[Transferred to a. 186.515 by redemption premiums, if any, and all other obliga- the reviser.] tions incurred by the local agency in connection with such project have been paid in full or sufficient funds have been deposited in trust for such payment; and provided further that the purchase price of such proj- ect shall not be less than an amount sufficient to pay in full all of the bonds, including all principal, inter- est, and redemption premium. if any, issued for the project then outstanding and all other obligations in- curred by the local agency in connection with such project. History- a.6, ch. 69.104; 5, ch. d0-287; a. 3, ch. 84-230. CHAPTER 160 REGIONAL PLANNING COUNCILS 160.001 Short title. 160.002 Legislative findings; public purpose. 160.003 Definitions. 160.01 Regional planning councils; creation; mem- bership. 160.02 Regional planning councils. powers and du- ties. 160.05 Executive Office of the Governor; powers and. duties. 160.07 Comprehensive regional policy plans. 160.08 Reports. 160.09 Creation of regional planning councils un- dq:r ch. 163. 160.001 Short title.-[Transferred to a. 186.501 by the reviser.] 160.002 Legislative findings; public purpose. -[Amended by a. 10, ch. 84-257, and transferred to a. 186.502.] 160.003 Definitions.-[Amended by a. 18, ch. 84-257, and transferred to a. 186.503.1 160.01 Regional planning councils; creation; membership.-[Amended by a. 11, ch. 84-257, and transferred to a. 186,504,q1 160.02 Regional planning councils; powers and duties.-[ Amended by a. 12, ch. 84-257, and transferred to a. 186.505.) 160.05 Executive Office of the Governor; powers and duties.-Transferred to a. 186.506 by the reviser.) 160.07 Comprehensive regional policy plans. -[Amended by a. 13, ch. 84-257, and transferred to s. 186.507.] 153 F.S. 1983 BEACH AND SHORE PRESERVATION Ch.161 Ch. 161 BEACH AND SHORE PRESERVATION F.S. 1983 revetments, artificial nourishment. Inlet sediment of any public agency where located, and shall there- CHAPTER 161 bypassing, excavation or maintenance dredging of in- after be maintained by and at the expense of said BEACH AND SHORE PRESERVATION let channels, or other deposition or removal of beach person, firm, corporation, county, municipality, material, or construction of other structures if of a township, special district, or other public agency. NO PART I REGULATION OF CONSTRUCTION. RECONSTRUCTION, AND solid or highly impermeable design, upon sovereignty grant under this section shall affect title of the state OTHER PHYSICAL ACTIVITY (so. 161.011-161-212) lands of Florida, below the mean high-water line of to any lands below the mean high-water mark, and any tidal water of the state, a coastal construction any additions or accretions to the upland caused by PART II BEACH AND SHORE PRESERVATION DISTRICTS permit must be obtained from the Department of erection of such works or improvement shall remain (ss.161.25.161.45) Natural Resources prior to the commencement or the property of the state if not previously conveyed. such work. No such development shall interfere. ex- The state shall in no way be liable for any damages as cept during construction with the use by the public a result of erections of such works and improvements, of any area of a beach seaward of the mean or for any damages arising out of construction, recon- PART 1 161.021 Definitions.-In consturing these stat- high-water line unless the department determines struction, maintenance, or repair thereof, or other- utes, where the context does not clearly Indicate oth- such Interference is unavoidable for purposes of pro- wise arising on account of such works or improve- REGULATION OF CONSTRUCTION, erwise, the wood. phrase. or term: tecting the beach at any endangered upland struc- ments. RECONSTRUCTION, AND (1) Department means the Department of Nat- ture. Application for coastal construction permits as 161-052 Coastal construction and excavation; regulations.- (1) No person, firm OTHER PHYSICAL ACTIVITY ural Resources. defined above shall be made to the department upon corporation, municipality, county, or other public agency shall excavate or con- (2) Division mean the Division of Marine Re- such terms and conditions as set forth by rule of the struct any dwelling house, hotel, motel, apartment building, seawall, revetment, or 161.011 short title. sources of the Department Natural Resources. department. other structure, including but not limited to such attendant structures or 161.021 definitions. facilities as a patio, swimming pool, or garage, within 50 feet of the line 161.031 Personnel and facilities. of mean high water at any tiperian coastal lo- (3) Beach and shore preservation erosion con- 161.0415 Citations of rule. trol, beach preservation and hurricane protection. cation fronting the Gulf of Mexico or Atlantic coast 161.042 Coastal construction and excavation in shoreline of the state, exclusive of bays, inlets, rivers, barrier beach inlets. beach erosion control and erosion control in- 161.0415 Citation of rule.-In addition to any bayous, creeks, passes, and the like. In areas where an 161.051 Coastal construction by persons, firms, cludes, but is not limited to, erosion control, hurri- other provisions within this chapter or any rules pro- erosion control line has been established under the corporations, or local authorities. can protection, coastal flood control, shoreline and mulgated hereunder, the permitting agency shall provisions of as. 161.141-161.211, that line, or the 161.052 Coastal construction and excavations; reg- presently existing mean high-water line, whichever is ulation. offshore rehabilitation, and regulation of work and more landward, shall be considered to be the mean when requesting information for a permit application ulation on county bards. beach or shore. pursuant to this chapter or such rules promulgated high-water line for the purposes of this action. Permits; fees, costs. (4) Coastal construction includes any work or tic 161.054 Administrative fines; liability for damage; hereunder, cite a specific rule. If a request for infor- (2)A waiver or variance of the setback require- a rule citation. liens. activity which is likely to have a material physical ef- mation cannot be accompanied by a rule citation, ments may be authorized by the Department of Nat- 161.061 Coastal construction serving no public fect on existing coastal conditions or natural shore failure to provide such information cannot be ural Resources in the following circumstances: purpose, endangering human life, and inlet processes. grounds to deny a permit. (a)The department may authorize an excavation essary or undesirable. transfer of sediment from an inlet or beach to anoth- 161.042 Coastal construction and excava- or erection of a structure at any riparian coastal loca- 161.071 Prosecuting officers, to assist enforcement or stretch of beach for the purpose of renourishment tion as described in subsection (1) upon receipt of an of part I of this chapter. and beach erosion control. tion in barrier beach inlets.-The department is 161.081 Powers of Department of Legal Affairs. authorized to direct that any or any public an application from a riparian owner and upon the con- 161.091 Erosion Control Trust Fund Account. sideration of facts and circumstances, includining 161.101 State participation In federally and non- (6) Emergency" mans any unusual Incident re- body or agency, responsible for the excavation of quate engineering data concerning shoreline stability federally authorized projects and sulting from natural or unnatural causes which en storm tides related to shoreline topography, studies relating to beach erotion con- dangers the health, safety. or resources of the resi- sandy sediment as a result or any activity conducted which, in the opinion and unequivocally justify such a trol. to maintain navigable depths within of immediately waiver or variance. 161.111 Shore erosion emergency. dents; of the state. Including damages or erosion to adjacent to any coastal barrier beach inlet within sov- (b) If in the immediate contiguous or adjacent 161.121 Penalty. any shoreline resulting from a hurricane, storm. or ereignty lands shall, after receipt of Written authori- area a number of existing structures have established 161.131 Construction of as. 161.011-161.121. other such violent disturbance. 161.141 Declaration of public policy and permit- a reasonably continous and uniform construction ing process. line closer to the line of mean high water than the 161.151 Definitions. 161.031 PERSONNEL AND FACILITIES,-The De- lation relating to the deposition of spoil material foregoing, and if said existing stuctures have not 161.181 Recording of resolution and survey of partment of Natural Resources may call to its assis- from the excavation pursuant to chapter 253 and 403,use such sediment for beach nourishment as pre- been unduly affected by erosion, a proposed struc- board of trustees. 161.191 Vesting of title to lands. ture may be permitted along such line on written au- 161.201 Preservation of common-law rights. scribed by the division. Requests for such authoriza- thorization from the Department of Natural Re- 161.211 Cancellation of resolution for nonperfor- tance temporarily. any engineer or other employee In tion shall be made, by the applicant to the Depart- sources if such proposed structure is also approved mance by board of trustees. any state agency or department or In the University ment of Environmental Regulation. and such autho- by the Department of Natural Resources. However, 161.212 Judicial review relating to permits and li- Of Florida or other educational Institution financed rization shall be granted upon issuance of water qual- the Department of Natural Resources shall not con- censes. ity certification by the Department of Environemental travene setback requirements established by a coun- ty or municipality which are equal to, or more strict 161.011 Short title-This chapter parts I and II, wholly or in part by the state. for the purpose of de- than, those setback requirements provided herein. may be known and cited as the "Beach and vising the most effective and economical method of Regulation. For any construction of excavation with- (c) The department may autorize the construc- Shore Preservation Act." averting and preventing erosion, hurricane and storm in or immediately contiguous to any coastal barrier tion of pipelines or piers extending outward from the damages. These employees shall not receive addition- beach inlet which has been permitted pursuant to shoreline, unless it determins that the construction al compensation, except for actual necessary ex- 161.041, the department may require the permittee penses, incurred while working under the direction of to supply beach profiles and conduct hydrographic the Division of Marine Resources. monitoring of the impeded area. 161.041 Permits required.-If any person, 161.051 Coastal construction by persons, firm, corporation, county. municipality, township, firms. corporations. or local authorities.-Where special district, or any public agency desires to make any person, firm. corporation, county, municipality, any coastal construction or reconstruction or change township, special district, or any public agency shall of existing structures. or any construction or physical construct and install projects when permits have activity undertaken specifically for short protection been properly issued. such works and improvements (c purposes or other structures and physical activity in. shall be the property of said person, firm, corpora- cluding groins, jetties, moles. breakwaters, seawalls, tion, county. municipality, township. special district. 779 780 FS 1983 BEACH AND SHORE PRESERVATION q1q1BACII AND 11HOqBE Ch.161 CL lei of such projects would cause erosion of the beach in beaches in this state and the coastal border dunes graphic data which indicates shoreline changes that the area of rich structures. adjacent to such beaches. by their nature, are subject render established coastal coinstruction control lines (3) The provisions of this section shall not apply to frequent and severe fluctuations and represent one to be ineffective for the purposes of this act or at the to structures Intended for shore protection purposes of the most valuable natural resources of Florida and written request of officials of affected counties or which are regulated by a. 161.041 or to structures ex- that It is In the public interest to preserve and pro- municipalities. Any riparian upland owner who tech qt isting or under construction on June 27, 1970. tect them from Imprudent Construction which can that such line as established is unduly restrictive or (4) The Department of Natural Resources may jeopardize the stability of the beach-dune system. ac- prevents a legitimate it" of his property shall be by regulation exempt specifically described portions celerate erosion, provide inadequate protection to granted a review of the line upon written request. Af. I of the coastline from the provisions of this section upland structures. and endanger adjacent property ter ouch review, the deportment shall decide If a whenever in its judgment such portions of coastline, and the beach-dune system. in furtherance of these because of their nature, are not subject to erosion of change In the central Kris as established Is qjustlrmd qc Coolant of findings, it is the Intent of the Legislature to provide and shall no notify persons making the a substantially damaging effect to the public. that the department establish coastal construction request. Th2 decisia6qt8qr1lqb4qad p-artment shall be sub- q8 (5) The setback requirements as defined herein control lines so a county basis along the sand beaches iall review as PC I qt qject to judge ovided in chapter 120. shall not apply to any riparian coastal locations of the state fronting on the Atlantic Ocean of the (3) Any coastal county a? coastal munici lit I granting the Atlantic Ocean off Gulf of Mexico which Gulf of Mexico. Such lines shall be established to as I have reproduction type normally change. to define that portion of the beach-dune system may establish ctuatal coqminim-tion &oWP6 and 4qU8qf8qf q9 (6) b 02 1 cadco In lieu of th@ provisions of thin MctioQ. P74q0q- The requirements defined in subsec-. which Is subject to cavere fluctuations based pm a a qvqNed DUCb qWq= and codes are approved by the do- d tion(1)shall not apply to any modification, 100-year steam surge,storm waves,or other predict- run I qWng edequate to prolod the ohorelinqo a or repair to any existing structure within able weather conditions. However, the department 8qZ,n c3 of the existing foundation whih does not require, may establish a segment or segments of a coastal con- ca3ka mtd anf gas al thqbag an "h@cht@q- Be, Mquire. drustiq. couiniiqi 4qra. Mailqm IWW-G'd than the qw. cepq!iono to lornily mtobliahed owmial coriatructioqn struction control line further handward than the im- Boeing 13 1 1 ca shall not be granted unlq= involve, or include any additions to, or repair or mod- pact some of a 100-year storm surge, provided such Pr a ov by departq=nt. It is the in- ification off, the existing foundation of that structure. segment or segments do not extend beyond the land- tent of thla all Eas to provide for local admialo- Specifically excluded from this exemption are ward of the Stoll qm3meoi C7 trodan of eo&o bbQd coastal construction control walls and any additions or enclosures added, con- c2amenta C19 onto If onto dUR3 lin2o thrau3b ap r ved soning and building ccdQqo structed, or installed below the first dwelling Pvolaction is rov 4 by a otato-o roved dune VhqM (1Qq*qW by 8qMA latmeato aA VhOre such tncell each of the existing structure. MODC32iocat 1 sit ' 0071-154- fataresta havo go the qju4q*qWas. of the deportment, (7)Any coasted structure erected, or excavation QMtiaq=qW ChqW&I NO of oatablbk2d o"ITE62"t qK2qZ orA ventrauzi to cdeqtmidv adminq. erected, in violation of the provision of this oc-Id cssiouugt@z3 conUd liq= go eamqm tt2 wo. Be? qW pm@rqm. at@-qN tt:2 da@*"E@2ni q4otevalcq:q2 is hereby declared to be a public, and such toctiza al tho flyatow, pmpq=d @7 OHM- Ga any Mt::)o Mat qW PM3?q= b baciNtmicly odenioq- va Mrdqw aftee UWKWQ Matice by ka 112part-A U3 anuAwaa. and rAqjoqwaa preparuea. q*3 a-";Odqmol ation ho'M outhsAty to ?a- qd ROCOCO BecqCCO 4irqW&Ifz3 oueb TQZd cl qM. 42) Cameal conatn=tlia qwnqW Jim chqA he Go- vu@q *3 cullisi4qf4qt groizWo to 4E2 county W municiq. 3- go thb qMut that gas otiudqwo b -1 TO-sq" a? toUlah2a by Me dogrartownt a4q* PAW It bm Laon Polity. e eacavotion qWrIqM so directad Vithio 0 Mnqm- dawqmirt-'A from a comproheasivo onginearin3 oq"y 2q0 arlcep2 la a-= nrq= Wh qM local goning a" a OVA tiqm. the 1129 artment of Matqwd Reqwacto cqm OM4 qWY:Z@Papwc qMr4ey that the catamiiihq=at as hvqUiwq@ codes UGVQ haea catablietted pursuant to P-DqW Ouch PAfUCWrO W rill W.Mh QBCOVOthU 04 its such Control liq= Q ftq=aWfy 107 Me Protection CT culinctic*i (3). a peqm. ft to ofter, oscavote, a7 canq- m Qxpzqm2. Me osat hored ohnM h2ca&-,2 a Slen IMA p7cqp@veo M-A the maw d L=Th em1nm. otruct on pro@*Hy c3aciard al ootabli3hed cmmtA upon Ua PVqP2V4W 09 do uplaq" ovum upon U?Nicb 0qZo Mmh KR2 eNnu ho C29 eaul a public hwriFZ3 LL"m cW0UuzVU3 coatral hrq= my qh gwanted by th3 eaq. mb urioughwized aIrqMun cy eacavothnia is farolod. 1*00 heW rw Qnq& area qtpvolved. Aftee Me dqQOA. VqMqMqM C3 IOMMM- (9) Any awt h@n uivo-a caqw-Mozothra to U@2 fcaulin of cutb 10) lm 13 Guilty aT a miaq6macq cT tqk that q&13q-, FUWIC b2CAV2. It oqk9l am? cumcderiqm urourA at-- 0, cmdq" VT a uIntaure at any "*Mal tstott'"n Cq:q1 anialisma Go p7ovided in (I 7qUqM Surb VOIEq=3 IQ feta'llsa to 09M RuMcaq= dcrqmiqkA @n o%aqkzctl=t 11) t@q7wi rqMigit te an Oppliq. ull 1* 620qM4 Guilty of a Uparow uqfqtacz? (W fiaqm PxAictcA Maltivat'-@a Vove upnM5, Vq=ch and ealica fv@n a pvap2rty QM&vz (riporion m7now OVA eath duri"a my qwliza cl V@q&b any vEnb as u offdq=Q E5%tund CTOW.-Ta. the veaetatiua liq=. Qqmtaa i4qr tho coroiq&rattz@l UT (Crta, GCW circutasiomqmq, iO C2CV-433 b qMaMlgtod 113 CC39.-U24. tfqaq&. qO d"C2 W Muff Mm' iv any edat. OP4 Wag- I.Clina odaquato ongineedna data coacerniaqg 01 lp,3 ugilonA develapaic-na. c2t Lind cotchlq" a eazatal etwefine otapAity q=4 Oqw m fidoo rolowd to chanq- whe rocmnnwr4kt1va3 to fl@2 C.VVftw naw Cohirat qmtstruction CU=W4d ciuu CCA CCUV2 oucti line to b:7 11m, lopaamplq, deol,,n lealumo of Iho liqmprioOqd becACd aho q&Pane:@2aa cW:rQnz3FL3 Me F@eh - duSy fecwdcd go ttzc public wq=6 of any county oCrA ctru'rtusco ra ceavitIze. and Pukulial im9cria OT thqe tho (Go qW any q_'29- interwi in OqW 130q6 q00fe municipality offecq" and shall (issubb the q&rh of loratiza 07 Curb ottertmu'Go W crtqm2t@3 iq"ludiqm PD.- the aotqL-qA ecquirew2ne cn 51 the circuit coud in 0=h county offecqw a cqMWY aq tenting cuouintive offecto ef owy izapez:24 ottuctuqm qu utgered Inn& qw c3 outdaw racrootIza IOU-Iq& cq"It Mq= ':491 ?Qforvzv@' M--to to p2qmoneritly ia- W Ectivitioa u3mn amb th2och-d"V2 syztqm' vzlich' In 110) A qmiaqU county c7 raunicipality froall am stalled gnuatstr2aa at ou:Ca intoqmb and laratiqm c3 th2 a?.inion of tka dcpmtm ent, dearly qjuntify ouch qa Ike Gulf ol Monica w the Athatiz Orem sting 8qlisa way h2 couaidered Upia t63 entabibb- poeiatL a doportment @Ath.in a q&ya after Mce4qw of any qMnt' approval. Gad recaqmatinn of ouch control line (b) If in Ike L,3mcdiato ccoliguoun Moroni qMit opplicatqla (07 cominm0aa or Cuts? crtivit4z lines, no Person, firlo, carparadva. W Govevuese". area a siumNr of cabling Ott Urtureo haveqw tablished ropazcil to he Eated viin q0 loet of the a" aT qU c3ency shall Cq=tfvra ODY aructuro rihtsezvog a reasonably contiRumn and unifarot construction eou hqiq@h walev. WitWn 5 day a after receipt of such seaward theveaf; mohe any ascovatlon, mama any line de----a to the fino CY Mean high qmtor thon thqe ppitration, the county or municipality oball colify 112CIll material. W OtqWPVk2 altar OsiDtina Ground Ol- furegoinu. and it the elliolinqu structures have not q0 It* applicant of the requirealento far date p2naila. ovations; drive any vehicle on, r b"n unduly offorud by oranion, a propozed otrucq. cpq@._ Le, Ga. & it %a. %.,t, L castA dune; a7 dOMC30 W CCVC@2 l4qn8q@ 8qG-qI ture my. at th2 diqmetiva of the department. qW per. qI th .5 Q, lax. C3, A 01-qM send dune ey the veaetation arliQlag; I croon e2miurd rallied oIGq% ouch line so mitten outhadaalica (qmqa l1ered eacept on hereinafter provided. Central lines the department K such atructuge b also approved by 80B.0fi@ ConalaD conotructloo and oneavo- eatabliched under tg* pmviwaqw of thin coctiw oball the department. However. the department shall not qo vq FeI311001190 Ga county boolo.- be cuh0q*1 to q"hv at Lft2 diecretkiti of the depart. contravene milsoch requirementa cT soninit of build- qt 11) The Legislature finds and declares that the inqmi after consideration of hydroaralibic, and tope- ina codes ootabliDhed by a county or municipality qa 781 7q9q2 F.S.1983 BEACH AND SHORE PRESERVATION Ch. 161 Ch. 161 BEACH AND SHORE PRESERVATION F.S. 1983 I I) Concurrent with the establishment of a plant or aquatic life thereon, such violator shall be li- county, and sheriffs and their deputies of the several cept such reimbusement and deposit name in the Erosion Control Trust Fund Account. The project counties of this state, shall assist the Department of sponsor shall assume full responsibility for all project coastal construction control line, the executive direc- able for such damage. If two or more persons or their Natural Resources in enforcement of part I of this costs in exess of the state-federal cost limitation. tor of the department shall make recommendations agents cause damage, and if liability for such damage chapter. The officers and their deputies shall, upon (b) With regard to nonfederal aid projects, the to the Governor and Cabinet as head of the depart- cannot be apportioned, each violator shall be jointly information that any persons, firms, or corporations department is authorized to pay up to 75 percent of ment concerning the purchase of the fee or any leaser and severally liable for the damage. If, however, lia- are violating any of the provisions of part I of this the construction costs, maintenance costs, basic engi- Interest in any lands seaward of the control line as bility for such damage can be apportioned, each vio- chapter, report the name, together with the informa- neering data costs, biological monitoring costs, reve- environmentally endangered lands or as outdoor rec- lator is liable only for that portion of the damage and in their possession relating thereto, to the de- getation costs, costs of monitoring post-construction reation lands: and, with respect to those control lines subject to that portion of the fine attributable to his violation. partment and shall cooperate with the department in shoreline changes, and project monitoring costs of established pursuant to this section prior to June 14, projects authorized for construction by the depart- 1978, the executive director may make such recom- (3) The imposition of a fine or an award of dam- carrying out the provisions of part I of this chapter. ment, provided local interests shall, as project spon- mendations. ages pursuant to this section shall create a lien upon The state attorneys and other prosecuting officers of sor, pay: (12) A coastal county or municipality fronting on the real and personal property of the violator, en- the state or any county, upon the request of the de- 1. The costs for project engineering, including en- the Gulf of Mexico or the Atlantic Ocean shall advise partment, shall institute and maintain such legal pro- gineering supervision and inspection; forceable by the department as are statutory liens ceedings as may be necessary to carry out the en- 2. The costs for providing all required construc- the department within 5 days after receipt of any under chapter 65. The proceeds of such fines and permit application for construction or other activities awards of damages shall be deposited in the Erosion forcement of the provisions part I of this chapter. tion easements, rights-of way, public access ease- 2 proposed to be located seaward of the line estab- Control Trust Fund. ments, and required vehicle parking spaces; lished by the department pursuant to the provisions (4) Fines imposed by the department or damages 161.081 Powers of Department of Legal Af- 3. The costs of obtaining all required permits; of this section. Within 5 days after receipt of such ap- awarded shall be of such amount so as to ensure im- fairs.-When a permit is required under part I of 4. The costs of establishing erosion control lines; plication, the county or municipality shall notify the mediate and continued compliance with the provi- applicant of the requirements for state permits. sions of sa. 161.052 and 161.063. this chapter and has not been issued as provided and (13) In keeping with the intent of subsection (3), ftbl-- k c1L wiat - 3, -k ft'47- herein, any such project or physical activity shall be 5. All othe costs. and at the discretion of the department, authority for considered a public nuisance and the Department of (c) The department is authorized to pay up to permitting certain types of activities which have been 161.061 Coastal construction serving no Legal Affairs may at the request of the Department 100 percent of the cost of sand-source data. The se- defined by the department may be delegated by the public purpose, endangering human life, health, of Natural Resources Institute proceedings to enjoin lection of a project engineer, acceptable to the de- department to a coastal county or coastal municipali- or welfare, or becoming unnecessary or unde- or abate such nuisance. partment, by local interests, as project sponsor, shall ty. Such partial delegation shall be narrowly con- sirable.- Obt-P.- 1. & 45 OR . 11. 15, 35. ck W 101. be on a competitive negotiation basis as set forth in strued to those particular activities specifically (1) Any coastal construction, or any structure in- chapter 287. The project sponsor shall assume full re- 163.091 Erosion Control Trust food Ac- sponsibility for all project costs in excess of the state named in the delegation and agreed to by the affect- cluding groins, jetties, moles, breakwaters, seawalls, count.- cost limitation. ed county or municipality; and the delegation my be revetments, or other structures if of a solid or highly (1) There is created in the State Treasury an ac- (d) With regard to inlet sand transfer projects, revoked by the department at any time If it is deter- impermeable design upon sovereignty lands of Flori- mined that the delegation is Improperly or inade- da, below the mean high-water line of any tidal water count to be known as the "Erosion Control Trust the department is authorized to initiate and pay up Fund Account." Subject to such appropriations as the to 75 percent of the cost of such projects when the quately administered. of the state, regardless of date of construction or I.A 11 VA. Lck 15 ffh.. I.-k 71-it. a& whether a permit has been issued in accordance with Legislature may make therefor from time to time, primary purpose is beach nourishment, provided the A Is 1K . &A as qM . 61. & BI250, will?. part I of this chapter, which serves no public purpose, disbursements from this account may be made by the county, municipality, port, or inlet district authority Division of Marine Resources of the Department of within which the inlet is located accepts the responsi- which is dangerous to or in any way endangers hu- Natural Resources subject to the approval of the de- bility of sponsor for such project and provides ease- 161.0535 Permits: fees, costs.-The depart- man life, health,or welfare, or which proves to be un- ments, rights-of-way, required permits, and all other ment may establish by rule a fee schedule and may desirable or becomes unnecessary, as determined by partment in order to carry out the proper state re- requirements normally provided by a local sponsor. fees for the filing, processing,and insurance of the Department of Natural Resources, shall be ad- responsibilities in a comprehensive, long-range, state- Where such sand transfer projects involve the place- permits issued pursuant to a. 161.041 and a. 161.053. wide plan for erosion control, beach preservation, and ment of sand on beaches of which the state is the up- justed, altered, or removed by the abutting upland hurricane protection, in accordance with the follow- land owner, the department is authorized to pay up The fee schedule shall contain categories of permits property owner after written notice by the division. to 100 percent of the costs. In the case of nonfederal inlet navigation channel construction or mainte- based on the varying costs of evaluating applications ing: nance-dredging projects, the department is author- Request for hearing must be filed by the owner with (a) With regard to federal aid projects, the de- ized to pay up to 75 percent of the cost involved in schedule shall be based an the actual costs of admin- partment is authorized to pay up to 75 percent of the placing suitable sand material on adjacent beaches, istering these permitting programs,less the amounts justments, alterations, or removals required by this nonfederal construction and maintenance costs of provided the county, municipality, port, or inlet dis- section shall be accomplished at no cost to the state. projects authorized for construction by the trict authority within which the inlet is located ac- The department may also name the applicant for the States Congress, including biological monitoring cepts the responsibility of sponsor for such project just, alter, or remove such coastal construction or costs of public notice by publication prior to the con- costs, revegetation costs, and costs of monitoring and provides easements, rights-of-ways, required per- structure shall be final and the department shall set sideration of these permit applications. a reasonable time within which the adjustment, alter- post-construction shoreline changes, provided local mits, and all other requirements normally provided ation, or removal shall be accomplished. by local sponsor; however, if such sand is placed on .- t dk a 147. interests shall, as project sponsor, pay: beaches of which the state is the upland owner, the (2) In the event that the upland property owner 1. The nonfederal costs for project engineering, department is authorized to pay 100 percent of the don not adjust, alter, or remove any coastal con- damage; ilens.- 2. The costs for providing all required construc- costs. In the case of federal inlet navigation chanel construction or maintenance-dredging projects, the struction, or other structure including groines, jetties, tion easements, rights-of-way, public access ease- department is authorized to pay up to 100 percent of (1) In addition to the penalties provided for in aa, moles, breakwaters, seawalls, revetments, or other any additional project cost, as determined by the de- 16.062, 161.063, and 161.121, any person or agent of structures if of a solid or highly impermeable design ments, and required vehicle parking spaces; partment, involved in placing suitable sand material any person refusing to comply with or willfully violat- upon sovereignty lands of Florida, below the mean 3. The costs of obtaining all required permits; on nearby beaches instead of dumping such sand out ing any of the provisions of a. 181.062 or s. 161.053 or 4. The costs of establishing erosion control lines; at sea or in other disposal areas when such sand any rule or order prescribed by the department high-water line, when requested or directed by the and placement does not involve the construction of an au- department in accordance with subsection (1) of this thorized beach restoration project requiring public thereunder shall incur a fine for each offense in an section, the department may alter, adjust, or remove 5. All other nonfederal costs. funding; provided that, except in cases where beach amount up to $10,000 to be fixed, imposed, and col- disposal areas are in state public ownership, the such construction or structures at its own ex- The department is authorized to advance federal aid lected by the department. Each day during any por- pense, and the costs thereof shall become a lien upon funds for projects authorized by the United States tion of which such violation occurs constitutes a sep- the property of said abutting upland property owner. Congress when such funds are not made available by state offense. 111A.Y. the Congress at the time a project is ready for con- (2) Whenever any person or agent of any person knowingly violates any of the provisions of a. 161.052 161.071 Prosecuting officers to assist en- struction. In such a case, the department shall re- or a. 161.053 so that damage is caused to beaches, forcemeat of part 1 of this chapter.-State attor- quest reimbursement of the authorized federal share shores, or beach-dune systems, including animal, neys, or other prosecuting officers of the state or in the cost of such projects and in authorized in ac- 783 784 F.S. 1983 BEACH AND SHORE PRESERVATION Ch l01 Ch. 101 BEACH AND SHORE PRESERVATION county, municipality,port, or inlet district authority (21 General revenue funds as appropriated by the within which the federal inlet navigation channel is Legislature shalt be deposited in (d) on lands of which the stage is the upland riparian located shall accept the responsibility of sponsor for Trial Fund Account appropriation. The Ero- owner. such project end provide easements, rights-of-way, sion Control Trust Account and the moneys de- ob"- I6-kM4ft_ 2L A k solft. 1. A IS257. required permits, and all other requirements normal- Posited therein shall be under the direct supervision ly provided by a local sponsor. and control of the department and such moneys may let-III shore erosin emergency.-It a (e) For an area to quality for state funding, as be disbursed by the Treasurer from time to time shore erosion emergency is declared by the Governor provided in paragraphs (a) and (b), local interests the state, acting through the Department of Natural Asti, as project sponser. provide permanent public upon requisition as determined by the department. Resources. may spend whatever state funds art avail access to project arm at approximately 1/2-mile in- (3) Notwithstanding the provisions of a 216.292, able to Alleviate shore erosion. lncluding such funds tervals. including adequate vehicle parking the Erosion Control Trial Fund Account shall not be specifically set aside (or such purposes in the erosion the department to be available (at transfer for any purpose other then control account. public Interest Notwithstanding anything those provided for in this section. Mus-7- 1.16 4A 4ft - U. Skb 0.1ca, MW - 11k Week - 211211, A SWIft L 1. A 71-141 . 9. d, In, no public funds shalt be spent restonat any 721ftft I&A 14 U%& L AWNS& I. I& whets adequate Public seem arid we of. the to. 981.121 Penalty-Unless otherwise provided Sloped beach 13 not available. in this chapter. whoever Shall fail to comply with th a q:W8qt Initiate and 047 the ent to coot of design , cope- son fedrally mothorlsed projects 004 and igo K M P"Wided In III 775.08Z qs. tructing, and maintaining aroakne control relating to beach oroalms control. 776.0qn or a. 77&084. prim to the auto's ag. In On cam of a federal sid (1) To carry out the beach and shong pissiervDtion Elh"_ L A Not L it"Ka .111111111.Je2a ect. the Federal Gaverennent's, Initiating such can- Programs, the department is hereby caniatifuted as K-_ IMM& '01tig truction way be reimbursed train date Funds an the the beech and share proservatioi authority for tl* 1011.11311 basis of tire Provisions of Pafft (a), (b). and (d). mate in " capacity, Um executive director of the -Tho provisions of cL 161.0 11- 161.121 shall he libeqr- q:2qrb .0partmen department way at his own Initiative take all n2qm- ally cienstrued by all concerned in a manner to beat 7 the d 184qp im to initiatioqs. after conaltruxims and based an wry step qW ecoa as procticable a dealroble to im- accomplish the beach and chwo precarvatioa pup- 80qislative appropristionsi. Such local Interests shalt phavent q" . of this tor. paqm and pregrains, as projqM sporwor, berouponoWs far obtaining feder- (2) %lienem a erosion control project has 934M al reimbursement in do can of federal aid prolIeCIAL been authorized by Congress for federal financial (6) Local intevests liall. on sponeve. hold itietine, In nee with any Act at Cangrm 001.148 Decialrofloa of public policy and and cove the otaw am Its agenclea. officern, Mid 02Q. "Linz to beach erosion control In ehich confoijeral p2roilliall prWeas. piGyqm hannizai (rose my and all fiabilitiall WWq& 113 the policy of tho (1) Beech evasion Una a cerlow menace to Uqm 0y'rgaiik fivan ghe camtrurzkta W U Qpsuzm of a shore of ouch fiando economy and general -,Ipllaro Of Rho people of the department is outhowized to eapond 6H table. es "railaed state and ho advanced to einergency proportimmq, y b, departmul, it is h2reby d-2q=Pd to be in the public inteireat thoq, funds from the FA=Ina Control Tm3t Fund Account (3) The departneent, forWell at on behalf of any a . to step b2 taboo to ealionce a" proted In order to aft2viate entargeary c=qA11q= related di. ant! oU duly established beach and shore preservation 4qC4qN.4qM2q=9 from orria!va and hot the IlAgiolo- wtly to obtwolina otobilily. upaQ dcrUatina by the diatricta and boards of county, enmeakaicneru vithia lure wabo provision for beoch vqmvishment and tea- ovectiqm that 11 dMV1ift emergency l Otago 002cq" W2 state, ma eater Into cavp2rotive ogreamento and tovollaz and oqmq" cantral proqj2cta and catchlisqh vito. (I) The department is authorized to es aWAn coaperato vyith, and meet the roquireinenta and clarify tDt(? Frperly rights of th2 state and prii- RUA ften& aq" conditions Ondudir<g, but rad limited to, esecu. vato vplonh owplam DOW I from or created by curb firma, tb;2 E4a2kaa Comyu5 Trust 7ua Acewqm to un- tioq id imlemnifirat6a sreemento) of, federal, Otago. pre0q*ts. The dedareo that it is 2rtaho ouch alker efnais'a coatra tnn. and hurricOR2 protection tM and other Incni ativeinmento and political rititiz-a. c7 di2 public qFz1kv of the Otago to cav=z to fez fined and may in the into" al the Otago, 07 tau ity by any ngeFmFa n? vepmc2ntatiqm the reqd, fop the pup. determined. pLuumont to 6ach 5untriahment and rea. 0 19prov na. furthering, and Qllpeditir3 the 18706M and oranion Contra! Rfoj?cla. ilta Limadarqy CRepar ed FA CUhJ2ct to ovailoo lity of a M line h2ivO*1p1pp1pppppppp1pppppf aQ Otago baadefs' F 10 by the 0qWinUU70. cc pq=MatIna pru3carm an the Atlantic Ocean, th Gulf Of Mexico and d rtm4nt h outknAgod tolaidato can- (4) The - ruawl b outhwised. to? and ca h2- rert,ond half of Ut2 state, to p=ept c=h federal omaqm fia ccan. orA ntlzTe tidal reaches thereof. arid Volvo of vt1ki, the DUO h tk7 uOMA ovu- huh cra3i-= mW m are available and to siGn oll the WA tloo cdqjq=nt thereto; P"Iqfi.372 A.0 .1 k@' fl..d to, 4q=q91 hoqt R.-camory ogreemonto Rkmica and to On and p2rfawQ rlq"qrq- 1h) 00 RZ-O2CZrY MtO iM 01%q=MQ@Z M290vith 90 ONCEZU- qBqmqmg MIMI& froga i"bi C7 novi3ofiqm d to? implora2sitatIza of this c2ckicn OWM M 040 the intent FA PTIPS223 of q" VXL Channel ==I dredgtw3 proqj?do unlem cutqb the dqp3rua2w until dtEnt quarter 07 (6) The 6op2rtwent b auth=Awd to cmho ap4qA- proqj2cta iuvolva Ck2 cowa@nmuva of out5orized q6ccqb ?or for Uhich q00 appropriation to Mr, 0. to catiaa to? fedOW9 perucipodq" In tho C031 of any FeDtorotEOR QW1360. Hqmjaver. pziw to coactructicra al Cgell @*Crh nq"TU)MOng V70qjwk the tacal choll czeablich the lino Of EZOOD bq,-,h . Chouk3 to Euasat QM?C52q=E2z b*cch and ON= ptegorvotho Vzograw under any In irnvogro'gb (b). at no aqub arm, Acts of Comweco cad all owzzadmenta tqkrela area to be ramebt:J; 0;-A CHY Ceditiona to qW upland r.q-_ fuRtin moy 472 M12q" it] the cT &ko (0) The deprtiaid 23 cutLwxind to pay up to coo yeeg t:) Vhq" d@2 appeep*Y11qM h mcq* fw 9113 qr-Ice"t of the com3trudEva ond main- prqWrl y c2ovnrd of the cztablibhed line al mean high Oro .48. Setionce ccats of pet,q12do ou0tozised fD7 conatruction voter vhkN croatsit froai 4ho aouripliment project (i) Thaa2qVrimenit otqAi czaintob a current pmqJ. by the United Stato CaaBroon. Including qraqj@vt aholl qkqw.-o qNno ampvty of Uw, up1cm2 o-wrtz? zubq- Ito diczvoliva oqW ,%1nl regulation rwa Chou not hq2 A IEAiR3 way. b q&;*Rdent opamqm owto C3 ouflinzA to 0. when qjaca a* all amoravq_ ustnz ovailah4qf4qt cl ErwJ vocwqmNA vov=i Ut@l qFoqj2d costatitictina and c@4iogenonra ore an lormb of whkb vrqA' to qtwtify IRCMM"@A dewity W the retnroe@4q of ti M2 state i3 Mo upland dFinrion a,-qWir. tho cm-oqm cm"atmaian conlrel firto ou may li-@ in ofq. (E8qY Tk2 b oUtlNuiEqW to pay I'm F-- (7) With veaa?d to Emniederal ai4 projects the do. fed Fw ourh8qjUnA pzoqMrty. Surb reaultina oddiq. cent of tL-. ccA of otq"!--o and rpzQorch it deepim me- portmont in oughorized to pay too percent of fiq= to uplo laroputy shalt okw be oubjvct to a 13 the public conement for traditional tizen of the sandy qt sory fee the Otago ormian control ppagrori. pw4q*t snags on Outlined in 0. 161.01(t)(b). 1C), and qWi 1*0ch couizistentvrith =a which tyfwld have bren al- its a F.8. 1983 BEACH AND SHORE PRESERVATION CL 16 CIL lot BEACH AND SHORE PRESERVATION recommendation and cer- isting line of mean high water. bearing In mind the Upon receipt of the written -Any upland owner or leasee who by operation of as line tification from the Department of Natural Resources, requirements of proper engineering In the erosion 161.141-161.211 ceases to be a holder of title to the vo4qo the board of trustees shall decide whether, in light of control project, the extent to which erosion or avul- mean high-water line shelf, nonetheless, continue to existing needs throughout the state. the project sion has occurred. and the need to protect existing be entitled to all common-law riparian rights except should be pursued. In determining the Priority Of ownership of as much upland as Is reasonably possi- a otherwise provided in a. 161.19112). Including but projects to be undertaken. the board of trustees shall ble. In the event riparians upland owners agree to fur. not limited to rights of ingress, egress, view. boating. and consider the relative need for protective measures, nish financial or other acceptable assistance in the bathing. and fishing. in sclifition the state shall not (1) the availability of necessary equipment. and the an- beech erosion control project. the board at trustees is allow any structure to be erected upon lands created. a6qm ticipated local and federal contribution and coopera- authorized to locate the erosion control line a suffi- either naturally of artificially. "award of any erosion .(a) tion. If the board of trustees determines that re- cient distance seaward of the existing line of mean control line fixed In accordance with the provisions of q$qiqoqe, quested project should be pursued. it shall forthwith high water in order to provide for an equitable distri- aL 161.141-161.211. except such steuctures required Siam conduct a survey of all of part of the shoreline within bution of the restated! beach between the state and for the prevention of erosion. Neither shall such use state the jurisdiction of the requesting authority in order such existing upland owners. lb to establish the even of beach to be protected by the am. TLk mok. x, A se on be permitted by the state rw may be injurious to the ty WIP of quii project and locate an errosion control line. However. business. or WOW of Use upland owi 42) so such Una shall be fixed except In connection with 161.181 Rowdies efremalutloo and survey land the severall=,alitm'o, counties and scii. special districts are I and directed to on- seek an authorized beach erosion control project in which of board of trusties.-If no review is taken within Yqwce this provision through Use exercise of their re- the requesting authority has secured Use written con- the time prescribed from the decision of the board of decis sent of the owners of a majority of the lineal text of trustees or. If review be timely taken, In the absence spectivir pq- pq- I4qwi contiguous riparian property which either abuts the of a final decision of a court of competent jurisdiction the requested erosion control line at would abut such preventing the Implementation of a beach erosion 161.211 Camieellallemof'resalution for mom- Cqour line, if established at the fine of mean high water. for control project or invalidating. abolishingr other- whet the establishment of such a line. No provision of es. performance by,board of trustees- else 11.141-161.211 shall be constructed as preventing a wise preventing the establishment and recordation of 41) It for any reason construction of the beach with requesting authority from participating in the fund- the erosion control bus so provided herein. On board erosion control project- authocitted by the board or actin Ing of erosion control projects or surveys undertaken or trustees shall file In the public records of the coun- trustees Is mot coniusenced within 2 years from the Lion in accordance with the provisions of as. ty or counties in which the erosion control line lies, a date of the recording of the board or trustees'stuvey, NW 11.141-161.211. In lieu of conductina a survey, copy or its resolution approving the beach erosion as provided 10 L 161.181, Of In the aVVUt CU1WtFUdi0Q proo board of trustees may accept and approve a survey control project and locating the erosion control line is comme sc but hatted for a period exceeding 6 (3 initiated. conducted. and submit: by the request- and shall also file and cause to be recorded in the months from commencement, thein, upon receipt of a loon ing authority 9 said survey is made in comformity book of plate of said county or counties a survey written petition signed by those owners or lessees of cam with the appropriate principles set forth as. showing the area of beach to be protected and the lo a majority or the lineal ftet of riparian property court cation of the erosion control line. which either abuts or would have abutted the erosion shall. 161.141-161.211. Isha-Y.- &A 70,111, . L ch, 1043k a L & U133L (2) Upon completion of the sturvey depicting the control line if the some bad been located at the line of (a) area of the beach erosion control project and the pro- mean high wow on the date the board of trustess' IN posed location of the erosion control line the board 161.191 Vestin of title to lands.-- (1) Upon the filing of a copy of the board of trust. survey was recorded, the board of trustees shall hqowqe at trustees shall give notice of the written resolution forthwith cause to be canceled and vacated of r0q"d to be of the requesting authority the survey and the date ees' resolution and the recording of the survey show- the resolution authorizing the beech erosion control to an an which the ward of trustees will hold a ing the location of the erosion control line and the public project and the survey locatirq4c the erosion control ON hearing for the Purpose Of receiving evidence on the area of beach to be protected as provided in a. fine. and the erosion control line shall be null and merits of the requested project and. if approval be 161.181. title to all lands seaward of the erosion con- void and of no further force at effect. rr trol line shall be deemed to be vested In the state by granted. of locating and establishing such requested (2) If the state. county. municipality, erosion nm- (41 erosion control line. Such notice shall be by publica- right of Its overeignty, and title to all lands land- trol district. or other governmental agency charged 891' ward of such line shall be vested in the riparian up- tion in a newspaper of general circulation published in the county or counties in which the proposed land owners whose lands either abut the erosion con- beach fails to maintain the same and as a result pqofic beach erosion control project shall be located, not trol line or would have abutted the line If it had been thereof the shoreline gradually recedes to a point or PfUv less then once a week for 3 consecutive weeks.and by located directly on the line of mean high water on the I landward of the. croiim control line as nift a mailing copies of such notice by certified or regis- data the board of trurstees' survey was recorded. herein, the provisions of a. 161.191R)"a(lqaqbl Mel ted moil to each riparian owner of record of upland (2) Once the erosion control line along any seg- cease (4) be operative a to the affected upland. sons property lying within 1,000 feet (radial distance) of ment of the shoreline tam been established In accord- (3) In the event a substantial portion or the the the shoreline to be extended through construction of accordance with the provisions of as. 161.141-161.211. the shoreline encompassed within the erosion control rqiqed the proposed beach erosion control project. a his common law shall no longer operate to increase or de- project recedes landward of the erosion control line, 45) name and address appear upon the latest tax assess- crease the proportions of any upland property lying the board of trustera. on Its own initiative. may direct fees ment roll, in order that any persons who have on In- landward or such line, either by accretion or erosion or request. or, upon receipt tJ a written petition feet inn. rity of the (6 terest in the beach erosion control project or in the or by any other natural or artificial process. except as signed by the owners or lessees of a and location of such requested erosion control line can be provided in a. 161-21112) and (3). However, the state lineal feet of riparian property lying witqrin the fro- dies present at such hearing to submit their views con- shall not extend, or permit to be extended through siun control project, shall direct or request. the &gen- U1.1 cerning necessity for the project and the precise loco- artificial means. that portion of the protected beach cy charged with the responsibility of maintaining the ationof the requested erosion control line. Such notice lying seaward of the erosion control line beyond the beach to restore the same to the extent provided For shall be in addition to any notice requirement in limits set forth in the survey recorded by the board of in the board of trustees' recorded survey. If The beach chapter 120. trustees unless the state first obtains the written con- in not restored as directed or requested by the board (3) The board of trustees shall approve or disap- sent of all riparian upland owners whom view or ac- of trustees within a period of I year from the date of aprove the beach erosion control project. If approval cess to the waters edge would be altered or impaired the directive or request, the board of trustees shall be granted, the board shall establish the location of forthwith cause to he canceled and vacated of record 161. the erosion control line. In locating said line, the the resolution :uthowiting the beach erosion control board of trustees shall be guided generally by the ex- 161.201 Preservation of common-law rights. projict and th survey locating the trosion control 161. 787 7118 F.S 1983 BEACH AND SHORE PRESERVATION C. 161 161.27 Personnel and facilities. 161.28 Comprehensive county beach and shore preservation program. 161.29 Benefit categories or zones. 161.31 Establishment of districts. 161.32 Existing erosion prevention district. 161.33 Cooperation with federal, state, and other governmental entities. 161.34 Coordination of county preservation activi- ties. 161.35 County shoreline; supervisory and regulato- ry powers and board of county commission- ers. 161.36 General powers of authority. 161.37 Capital, operation and maintance en34o; district benefits tax levy. 161.38 Insurance of bonds. 161.39 Cooperation between two or more counties. 161.40 Tax execeptions. 161.41 Construction of ss. 161.25-161.40. 161.45 Effect of repeal of ch. 158 on districts creat- ed prior to repeal. 161.28 County beach and shore preservation authority; board of county commissioners.-To carry out the beach and shore preservation program, the board of county commissioners of any county and its commissioners inc office. and an en officio duty, are here- by ecterally constituted as the heerby and above pres- ervation authority for their county. In this capacity, any such board of county commissioners may at its own initiative take all necessay steps as as percivable and desirable to impleament the provi- sions of this chapter. 101.26 Expected use of county funds.- The board of county commissioners of any of the counties is authorized to use any available county funds to meet necessary expense of its beach and shore pres- ervation program. This may include, among other things, costs of studies, surveys, , engineer- ing, authorization, regulations, of beach, construction of works and facilities, operations and maintenance, and other activites to ocup- oition and construction to the entent considered proper and decivable by the board of county commis- sioners. 161.27 Personnel and facilities.- In carrying out the purpose of part II of the chapter, the board of county commissioners may use to the order - andy personnel of facilities employed by or avail- able to its county. In addition, the board of county commissioners may hire out personnel and contract for such review as may prove necessary of dedirable. 161.28 Comprehensive county beach and shore preservation program.-The board of coun- ty commissioners of any of the counties may, by as- signments to legally qualified personnel, where act- vites are mady availabe as provede in 161.27, ini- tiate and carry aout such studies and investigations as may be necessary to plan a logical and avalable pro- gram for comprehensive beach and shore preseva- tion within its county. This program may incorporate all or part of the recommendations of the Unites States Army Corps of Engineers concerning beach and shore restoration and erosion contol, if there be any, and may additionally provide to an appropriate extent for the other aspects o beach and shore pres- ervation. In conduction its sutdies and making its plans for a beach and shore preservation program, the board of county commissioners shall hold suffi- cient public hearings to ascertain the views and feel- ings of affected property owners in the various instali- ties of the county regarding the needs to be served and manner in which they should best be served.The board of county commissioners shall give proper and reasonnable consideration to all evidence recieved in planning the beach and shore preservation program. 161.29 Benefit catogories or names.-Upon adoption of a reasonably final plan of improvement for the beach and shore preservation program for the entire county, the board of county commissioners shall conduct, through the use of personnel compa- tent and qualified in this field, an economic analysis of the propsed program, determining the mature and entent of benefits expected to accrue from the pro- gram and allotiting these benefits to their proper re- cipients by catagoies or names of comparable bene- fits, and place in the zone areas of equal bene- fit, or follow such other may be described suitable for the purposes of this caption. From time to time, the board fo county commissioners shall con- duct in the name of similar manner a new analysis to better determine and allerate actual or cxpected ben- efits. 161.91 Establishment of districts.- (1) Districts established under the provisions of part II of this chapter shall constitute public bodies and public,excercising public powers and all other power and duties iacident to such bodies. (2) The board of county commissioners shall carve as the govornies body for all dustricts erected under this authority and shall procedds as - as possible to determine and implement poli- cy and program for each such district in accordance with the overall county program, excedpt that the board of county commissioners may receive guidlines in these matters for each district from a advisory group, consiting of not less than three or more than five persons, whiceh the board of county commission- ors may appoint from any of each such district. Mem- bers of such advisory group shall have no definite term of office but shall serve at the pleasure of the board of county commissioners. (3) to further provide for efficient administra- tion of the district program, the board of county com- missioners may hire such additional personnel or contract for such additional service as it considers necessary or desirable in each case. (4) A uniformed the not to exceed per year or all assesemntp property within the distict may be levied for a period of not more 779 Ch. 161 BEACH AND SHORE PRESERVATION F.S. 1983 than 2 years of defray organizatinoal and administra- tive costs of said district. 161.32 Existing erosions provention district, -Part II of this chapter shall not be construed to im- pair the existence, powers or functions of any existing erosion prevention, beach or shore preservation dis- tricts created by special or local act; provided, howev- er, that any such existing district may recreate and reastablish itself under the provisions of this act as if originally created and established hereunder in all re- spects, by resolution of its governing body adopting the provisions of chapter 161, in their entirety and thereafter shall function as a beach and shore preser- vation district created and established under the pro- visions of part II of his chapter 161.33 Cooperation with federal, state, and other governmental entities.- (1) the board of county commissioners, for itself or on behalf of any and all duly established beach and shore preservation districts within the county, may enter into cooperative agreements and otheriwse cooperate with, and meet the requirements and con- ditions of, federal, state and other local governments and politacl entities, or any agencies as representa- tive thereof, for the purpose of improving, furthering and expediting the beach and shore preservation pro- gram. (2) The board of county commissioners and the Department of Natural Resources, for and on behalf of each or andy district created in acordance with pars U and II of this chapter, are authorized to re- ceive and accept from any federal agency, grants for or in aid of any beach and shore preservation pro- gram contemplated by part II of this chapter, and to receive and accept aid or contributions from any , of money, property and other things of value. The board of county commissioners is authorized to make applications for Federal participation in the of any beach and shore preservation program under andy Acts of Congress and all amendments therto. 161.64 Coordination of county preservation activites.- The board of county commissioners shall coordinate the work and activity of all districts established hereunder within the county and, to fur- ther insure harmany and consistency with the overall county beach and shore preservation plan, shall es- tablish working liaizon with each municipality and other agencies and groups involved in beach and shore preservation activity within the county. 161.35 County shorelines supervisory and regulotory powers of board of county commis- sioners.- (1) With the content of the Department of Natu- ral Resources and of ann municipality or other politi- cal authority involved,the board of county commis- sioners may regulate and supervise all physical work or activity along the county shoreline which is likely to have a material physical effect on existing coastal consitions of natural shore processes. This regulatory and supervisory authority shall specifically include, but not be limited to, installation of groins, jellies, moles, breakwaters, seawalls, revetments, and other coastal construction as defined herin. For this pur- pose, the board of county commissioners, with assis- tance as required from its professional personnel may develop standards and criteria, issue permits and conduct inspections. (2) all regulations and requirements prescribed by the board of county commissioners pursuant to part II of this chapter may be enforeced by mandatory injunction or other appropriate action in any court of competent jurisdiction. Such regulations and require- ments shall in no way affect the regulatory authroity of the Department of Natural Resources. 161.36 General powers of authority.- In or- der to most effectively carry out the purposes of part II of this chapter, the board of county commissioners, as the county beach and shore preservation authority and so the governing body of each beach and shore preservation district established thereby, shall be of broad powers to do all manner of things necessary or desirable in pursuance of this end; pro- vided, however, nothing herein shall deminish or im- pair the regulatory authority of the Department of Natural Resources or Division of Marine Resources under ch 370.02(2), as part I of this chapter, r the Board of Trustee of the Internal Improvement Trust Fund under chapter 253. such powers shall opetifically include, but not be limited to, the follow- ing (1) To make contracts and enter into agreements; (2) To sue be be sued; (3) To acquire and hold lands and property by any hopfull means; (4) To exercise the power of ominent domain; (5) To enter upon private property for purposes of making surveys, , drillings and examini- tions, and such entry shall not be deemed a trespass; (6) to construct, arquire, operate and maintain shore and facilities; (7) to make ruels and regulations; and (8) to do any and all other things specified or im- plied in part II of this chapeter. 161.37 Capital, operations and maintenace ; district benefits tx levy.- (1) to provide for the capitol, operation and mainteneance cost of the beach and shore preservation program, either by debt service or direct espanditure, the board of county commissioners as the governing body of each district erected in accordance with par II of this chapter may levy upon all feasable porperty within each district on benefits tax in any amount necessary to meet the requirement of the program but not exceeding the reasonable ability of the district to pay. (2) the tax shall be levied upon each taxable property in proportion to benefits paid property will receive as determined by the most recent economic analysis of the program as proved for under ch 161.29. Gneral benefits shall be uniformly applied 780 CL 161 BRACH AND SHORE P A INS BRACH AND SHORE PRESEVATION CL 161 atemqmnt. callectlem and enforcement and application as determined and agreed upon by the boards of of the taxes pledned for On: and interest county commissioners of each such cooperating county (3) Any county may exoend funds in any other I county for the purposes provided herein if in the opinion of the board of county commissioners of one on an ad valorem basis to the entire amened valor- of the bonds. and the piece of 8q=t of P8q the creot0qa0qzq@2q@ I I.-.. county such ecoenditure of its funds in other coun on of each district. while special benefits shall be and interest which may be at any k or trust cost. (6) the provisions of part 11 ties would be beneficial to the beaches and shores of signed to groups Of Specific properties which shall pany within or without the $taft. of this chapter shag not be subject to the consent air that county. q=Ututs zones because of the gquaq;18qa4qrianable. (a) 1rsealutiom authorizing do low vany fur- of any state boatd@ commission, or ag 161.45 Effect of repeal of ch 158 on districts benefits each Incluiled property will that provide that such bonds stay be executed manu- 4qUq.q-Ihd bonds shall be validated I. q:0q=0qZ4q= created prior to repeal. The county erosion dis- 43) Whem the board of omasty commisoloners ally at by engraved. lithographed or facsimile signs- the provision of cluiptet 75. and presently in existence shall not be affected by value of the property. Its kIDq4 sunce pubiliqM to in- (b) The iste wal ,be affixed at litim- I, the repeal of chapter 158. poverment mud do mamieum annual bene its to be graphed. qmqgr0qf0qfa.4qTor .1Irw4q=`s- reproduced in fee- 191.39 Cooperation between two or more 164 ferred tharean by On works at impeov ata In simile an such bonds and shall be aunted by the cooniiesq- district. manual or forwalle signature of the county cqwk. 41) When two at more counties have created one (4) 17e ownev of lands where a special benefits provided, however, that at least on* of the signatures or am we beach preservation diatticts as provided For qoqu tat Is proposes! to be levied shall be given written qm- of executing officials an the bonds, shall be asanual. Wader Pad 11 of this C.N0q" or any other low with ce @nd an opportunity to be heard upon the amount Signatures, ossnual or facsimile. of executing officials sames or Rho InteaL or dean to carry out pq"'wass of of special benefits tax to be levied upon his lands. If shall continue to be valid for all purposes whatsoever beach and dq. presq..U., and rind it to be mutu- au the special benefits to all properties within any dis. regardless of whether or ad signing Oak" an still ally beneficial, the boards of county commissioners of qsqh tries we found to be equal as coesperable. than the In office at the this bonds am a dually delivered. such counties may coopeats to may extent ce sty be id district shall comprise only am tax zone. (c) Bonds stay be' In istafed or desk" to carry out the intent a( part 8q71 d"thia Cal proportmenal tax tat which and property within a (am as the board of county co4q=8q@= do- 8q or any other low with same or like intent, in district shsH qM shall be detarmined by adding their cide and provision may be made for do registration the implementation of any batch or shore preserva- general and special benefits assigned to Its none. 7U of anqy coupose bonds as to principal alone or a to tiou plan defined herein. IqU Cooper- WUqW tax levy For any particular yew shall depend p8q &qM latereak and tat the reconversion of 1400 May 0q=1rOq"bqttq_vhx1I nut he limited to to- on the . -a us needs for that yew. banq& or any bond registered as to principal tive participation in the sonferfes! costs or fed y qlqy is) IU board of county comianinalaters q" 1-7 =061. authorized projects affecting one or of sufficient ad valorem and special benefits taxes to (d) No q" of bonds shall be mode at a price as *rating counties, plane or twooiects ti room in. qCqaql y off debt aervice on my ban& hum A It shall be low as to require the payment of interest on money vestigation. or studies 4q=k 8q=yany at all . qaqn the duty of the board each year. suffieatly, in ad. received therefor at a rate In seem of 6 percent Per ties, or other soq& plane or peq@4q". which by their Yam of the preparation of the county in rall. to as. annum. computed with relation to the absolute matu- asturv would prove to be bene Mkial to ewb such co- tblish the revenue requirements for each Individual rity of the bonds In occardance with stand" tables operating county as determined by the boards of district for'the fiscid yew in question and cortily this of bond values, exclurfing from such coosputatlo:4 county oDoombelormts of each such county. qcqr figure to the county 4qgoperty appraiser who shag however, the amouat of a premium to be paid for (2) The coda of any such plan or project shall be then assign sham of is total to each some within the redemption of any qL4qn pdor to maturity. board by each of the cooperating counties In accord. an the respective diatrict accaeding to the proportion of (e) Prior to the preparation or lassmace of definl- ance with the benefits expected to accrue to each qtqh total benenta previously maignqa The &here of total tive bonds. the board of county conuiderionqm may county an determined In accordance with L 161.29. or required revenue assigned each sow shall then be under like restrictions issue interim receipts or iqms: collected by on ad valoreas levy on exch taxable prop- porary notes or other foram of such temporary ob! erty within am amw UUqM with idwut schal Fort or 'm cou 46) Ad taxes provided for In part H of this chap. finitive bonds when .q1 4q=ha4q= exacuqM t shall be lev a collected by the county in On and are available for delivery. Such bonds way be is- same manner another county taxes, and while . sued under the provisiom or put It of this cq@2q" shall comaituts a Raw of equal statute and . ty without obtaining the consent of any commission. with Other county learn. boad. bureau or agency of this state. and willumt AN-V-4 1. A 46M L 1. rk 71-M my other proceeding or happening than specifically req?,uq;qm4 by this chapter. 161.38 Isevaq"06(boodlo.q- All bonds Issued under port If or this chapter (11 The board of county commiors, for and shall constitute, and have all the qualities and inri- CA behalf of sock or any diatzict created In - a - dents of. * bit ind under the few aqm- nce with pan If of this chaptisr. Is auhorized to chant anti 4q%,q'fN4.go1Ib0C1q'natn"qmen#a Low of Florida- ide from time to time for the immance of =to da. and shall not be Invalid for any Irregularity or de- obtain funds to nesel, do costs of the batch earl ahqme fect In the proceedings for the Issuance and sak =tion program; provided. however. that such that" and shall be inermtestable in the hands of shall have rent tan approv alodulycon- bona fide purchasers for value. ducted referendum election by freebalklers within the (4) Improvisions of psrt flat thin chapter" subject district a provided for by law. 7qU bonds of constitute an irrvocoble contract between On board tub Is no shall be dated. shall bow Internet at rates of county cornmininners and the qWtF$ Of Such not to exceed 7.5 pe ce t which mature at each Lima banq& of coupons there of Issued pursuant to the pro- not to exceed 40 years from this date of homance a vision a hereof. d d I ty as n 45) Any holder of such bonds Issued under the ' iqm of part If of this chapter. and the trustee of 8q;q-'q;6qT trustee agreement. except to On extent qL herein given may be restricted by such ad I 'h a' 'a may q l'ty y ch cmdI2qF dr=h as the li8qxt. ,he board 6qVq., caq:6q@. der to trust agreement, may eltber at law or in equity, by awe. suit. action. or osandmus. force and compel the per. (2) The board of county commissioners shelf de- lormance of the duties required by put 11 of this rmine the form of such banq&. including any later. chapter or of any or do officers or persons herein coupons to be attached therde, the denomination mentioned In triation to sald bonds, or the levy, as- qM 791 CHAPTER 201 EXCISE TAX ON DOCUMENTS 201.01 Documents taxable, generally. 201.02 Tax on deed and other instruments relat- ing to realty or interests in realty. 201.04 Tax of bills of sale, agreements, or trans- fers of stock or shares in corporations and interasts therine. 201.05 Tax on stock certificates. 201.07 Tax on bonds, dehentures, and certificats, of indebtednes. 201.08 Tax on promissory of nonnegotiable notes, written obligations to pay money, or as- signments of wages or other compensa- tion; exception. 201.09 Renewal of existing promissory notes and mortgages; exemption. 201.10 Certificates of deposit insued bye banks ex- empt. 201.11 Administration of law by Department of Revenue. 201.12 Duties of clerks of the circuit court. 201.13 Department of Revenue to furnish stamps for tax. 201.131 Metering machines. 201.132 Exceptions to use of stamps on recorded documents; county comptrollers and clerks of the circuit court. 201.14 Cancellation of stamps when used. 201.15 Distribution of taxes collected. 201.16 Other laws made applicable to chapter. 201.17 Penalties for failure to pay tax required. 201.18 Penalities for illegel use of stamps. 201.20 Penalties for illegally avoiding tax on notes. 201.21 Notes and other writien obligations ex- cempt under certain conditions. 201.22 Financing statements under chapter 679 of the Uniform Commercial Code. 201.23 foreign notes and other written obligations exempt. 201.24 Obligations of enviropolitize, political sub- divisions, and exertes of the state. 201.01 documents taxable, generally. -there shall be levied, collected, and paid the taxes specified in this chapter, tax and in respect to the several documents, bonds, departures of certificates of stock and indebtedness, and ether documents, in- struments, pettern, written, and things decribed in the following cretira, of tax or in respect of the vel- lum, parchment, or paper upon which such docu- ment, instrument, matter, writting, or thing of any of them, is written or printed by andy person who makes, signs, exucted, issues,sold, removed, consigns, as- signs, removed,or things the , or for whose benefit or use the name are made, signed, exuctued, issued, sold, removed, consigned, assigned, recorded, or shipped in the state. the documentary stamp taxes required under this chapter shall be affixed to and placed on all recordable instruments requiring docu- mentary stamps according to law, prior to recorda- tion. With respect to morgages or trust deeds which do not incorporate the certificate of indebtdness, a notation shall be made on the note of certificate that the tax has been paid and that the proper stamps have been affixed to the mortgage or trust deed. 201.02 Tax on deed and other instruments relating to realty or interests in realty.- (1)(a) On deed, instruments, or writings where- by any lands, tenaments, or other realty, or any inter- est therine, shall be granted, assigned, transferred, or otherwise conveyed to or vested in, the purchaser, or any other person by his direction, on each $100 of the consideration therefor the tax shall be 45 cents. When the full amount of the consideration for the ex- ecutionk assignment, transfer, or eonveyance is not shown in the face of such deed, instrument, docu- ment, or writing, the tax shall be at the rate of 45 cents for each $100 or fractional part therof of the consideration therefor. (b)The tax increase imposed by section 1 of chapter 81.23 Laws of Florida, is repealed effective July 1, 1991; and the tax rate shall be reduced to 40 cents for each $100 or fractional part thereof of the consideration. (2) The tax imposed by subsection (1) shall also be payable upon documents by which the right is granted to a tenant stockholder to occupy an apart- ment in a building owned by a cooperative apartment corporation. (3) The tax imposed by subsection (2) shall be paid by the purchaser, and the document recorded in the office of the clerk of the circuit court as evidence of ownership. (4)The tax imposed by subsection (1) shall also be payable upon documents which convey or trans- fer, pursuant to a, 689.071, any beneficial interest in lands, tenements, or other realty , or any interest therine, even through much interst may be resignated as personal property, not without making the provisions of a. 689.971(4). The tax shall be paid upone completion of any such document. 201.04 Tax on bills of sale, agreements, or transfere of stock or shores in corporation and interals therein.- (1) On all sales, agrements on bill of memorando of sales or deliveries of, transfers of legal title to shares, or certificates of stock or profits or interest in property or accumulations in any corporations, or to rights to subscribe for r to receive such shares or certificates, whether made upon or shown by the branch of the corporation, or by any assignment in blank, or by any delivery, or by any paper or agree- ment or memorandum or other evidence of transfer or sale, whether entitling the holder in any manner to 1024 Ch.801 EXCISE TAX ON DOCUMENTS F.S.1983 and qualifications,all persons using or desiring to use the procedure authorized by this section shall be sub- ject to audit and shall make their records available for ready inspection by the department and shall post a bond at their own expense or may be required by the department. (6) Such persons shall keep a journal, or other ac- coutn book or record of original entry, showing a list- ing of all documents excecuted and delivered. The journal shall show a daily listing of such documents unless another time period is required by the depart- ment. The journal shall show every transaction and the amount,of tax payable with respect to each transaction. In the case of nontaxable transac- tions,the journal shall disclose the basis on which the execmption from tax is claimed. Much records shall be kept in permanent form and retained indefinitely in the files subject to verification by the representative of the department. The following notation or similar language along with the certificate of registration number shall be made on each individual document requiring tax: "Florida documentary stamp tax re- quired by law in the amount of $__ has been paid or will be paid directly to the Department of Reve- nue. Certificate of Registration #__." (7) The authority of any person described in sub- section (1) to use the procedure authorized by this section may be canceled by the department if such person: (a) Knowingly filed a false monthly report of the data required by subsection (4); (b) Fails, refuses, or neglects to file the report re- quired by subsection (4); (c) Fails to remit the tax collected; or (d) Fails to adequately maintain the records re- quired by subsection (6). 201.14 Cancellation of stamps when used. - whenever an adhesive stamp is used for denoting any tax imposed by this chapter on documents, the person using or affixing the name shall write or stamp or ensure to be written or stamped therone, the initials of his on its name, and the date upon which name is attched or used, on that the may not again be used. Stamps shall be affixed in such manner that their removal will require continued application of steam or water; provided, that the Department of Revenue may prescribe such other method for the cancellation of such stamps and it may deem expedi- ent. 201.18 Distribution of taxes collected.- (1) all taxes collected under the provisions of this chapter shall be distributed as follows: (a) Seventy-nine and one-half percent of the total taxes collected under the provisions of this chapter shall be paid into the State Tresuary to the credit of the General Revenue Fund of the state, to be used and expended for the purposes for which the General Revenue Fund was created and exists by law. (b) Thirteen and three-tenths percent of the total taxes collected under the provisions of this chapter shall be paid into the State Treasury to the credit of the Land Acquisition Trust Fund. Sums deposited in usch fund pursuant to this section may be used for any purpose for which funds deposited in the Land Acquisition Trust Fund may lawfully be used and may be used to pay the cost of the collection and en- forcement of the law levied by this chapter. (c) Seven and two-tenths percent of the total tax- es collected under the provisions of this chapter shall be paid into the State Treasury to the credit of the Water Management Lands Trust Fund. Sums depos- ited in that fund may be used for any purpose autho- rized in a. 373.59 and may be used to pay the cost of the collection and enforcement of the tax levied by this chapter. (2) The change in the schedule of distributions imposed by a. 2 of chapter 8.33, Laws of Florida, is repealed effective August 1, 1991, at which time the schedule of distributions shall revert to the schedule existing at the time of passage of chapter 1.33, Laws of Florida. 201.17 Penalties for failure to pay tax re- quired. (1) whoever makes, signs, issues, or accepts, or causes to be made, signed, issued, or accepted, any instrument, document, or paper of any kind or de- scription whatsoever, without the full a amount of the tax herein imposed thereon having fully paid, or who- ever makes use of any adhesive stamp to denote any tax imposed by this chapter without canceling or obliterating such stamps as herein provided, or quilty of a misdemeanor of the second degree, punishable as provided in a. 7750632 or a. 775.633. (2) Any document, instrument, or paper upon which the tax under this chapter is imposed and which , upon or at time of recalutlation, does not show the proper amount of tax paid shall subject the person or persons liable for the tax upon the docu- ment, instrument, or paper to: (a) Payment of the tax not paid. (b) Payment of a penalty to the Department of Revenue equal to 25 percent of the tax not paid. It it is determined by clear and convincing evidence that any part of a deficiency to due to froaud, there shall be to the tax as a civil penalty under this paragraph, an amount equal to 100 percent of the deficiency. These penalities are to be in adition to, and not in lieu of, any other penalties imposed by law. (c) Payment of interest ot the Department of Revenue, accuring from the date of recordation until 1028 s. 250.40 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 S.252.35 (10) The county commissioners, or municipal au- thorities, may, in their discretion, appropriate a suffi- cient sum, not otherwise appropriated, to pay the necessary expenses of any unit of the organized mili- tia of the state located in their respective counties or municipalities, to be accounted for to the Adjutant General by the organization receiving such appropri- ation as other military funds. CHAPTER 252 EMERGENCY MANAGEMENT 252.32 Policy and purpose. 252.34 Definitions. 252.35 Emergency Management powers; Division of Emergency Management. 252.60 Radiological emergency preparedness. 252.32 Policy and purpose.- (1) Because of the existing and continuing possi- bility of the occurrence of emergenices of unprece- dented size and destructiveness resulting from enemy attack, sabotage, or other hostile action or from natu- ral or manmade causes; in order to ensre that prepar- rations of this state will be adequate to deal with, re- duce vulnerability to, and recover from such emer- gencies; generally to provide for the common defense and to protect the public peace, health, and safety; and to preserve the lives and property of the people of the state, it is hereby found and declared to be necessary; (a) To create a state emergency management agency to be known as the "Divison of Emergency Management," to authorize the creation of local orga- nizations for emergency management in the political subdivisions of the state, and to authorize coopera- tion with the Federal Governement and the govern- ments of other states. (b) To confer upon the Governor, the Division of Emergency Management, and the governing body of each political subdivision of the state the emergency powers provided herein. (c) To provide for the rendering of mutual aid among the political subdivisions of the state, with other states, and with the Federal Government with respect to carrying out all emergency management functions and responsibilities. (d) To authorize the establishment of such orga- nizations and the development and employment of such measures as are necessasry and appropriate to carry out the provisions of ss. 252.31-252.60. (e) To provide the means to assist in the preven- tion or mitigation of emergencies with may be caused or aggravated by inadequate planning for, and regulation of, public and private facilities and land use. (2) It is further declared to be the purpose of ss. 252.31-252.60 and the policy of the state that all emergency management functions fo the state be co- ordinated to the maximun extent with comparable. functions of the Federal Government, including its various departments, agencies of other states and lo- calities, and private agencies of every type, to the end that the most effective preparation and use may be made of the manpower, resources, and facilities of the nation for dealing with any ermergency that may occur. 252.34 Definitions.-As used in ss. 252.31- 252.60: (1) "Divison" means the Division of Emergency Management of the Department of Community Af fairs, or the successor to that division. (2) "Emergency" means any occurrence, or threat therof, whether accidental, natural, or caused by man, in war or in peace, whtich results or may result in substantial damage to or loss of property. (3) "Emergency management" means the prepa- ration for, and the carrying out of, all emergency re- sponsibilities and functions, other than those for which military forces or other frderal agencies are primarily responsible, to prevent, mitigate, or repair injury and damage resulting from the occurrence or imminent threat of widespread or severe damage, in- jury, or loss of life or property resulting from emer- gencies. these responsibilities include, but are not limited to: (a) Reduction of vulnerability of people and com- munities of this area state to damage, injury, and loss of life and property resulting from natural or manmade catastrophes or hostile military or paramilitary ac- tion. (b) Preparation for prompt and efficient rescue, care, and treatment of persons victimized or threat- ened by disaters. (c) Assistance in anticipation, recognition, ap- praisal, prevention, and mitigation of emergencies which may be caused or aggravated by inadequate planning for, and regulation of, public and private fa- cilities and land use. (4) "Local emergency management agency" means an organization created in acordance with the provisions of ss. 252.31-252.60 to discharge the emer- gency management responsibilities and fucntions of a political subdivision. (5) "Political subdivison" means any county or municipality created pursuant to law. 252.35 Emergencey management powers; Di- vision of Emergency Management.- (1) The division shall be responsible for carrying out the provisions of ss. 252.31-252.60. (2) In performing its duties under ss. 252.31- 252.60, the division is authorized and empowered: (a) In accordance with the provisions of chapter 120, to make, amend, and rescind rules, programs 384 a.252.35 1984 SUPPLEMENT TO FLORIDA STATUES 1983 S.232.60 and plans to carry out the provisions of ss. 252.31- 252.60 with due consideration for, and in cooperation with, the plans and pograms of the Federal Govern- ment. (b) To prepare a comprehensive plan and pro- gram for emergency management in this state, such plan and program to be integrated into, and coorid- nated with, the survival plans and programs of the Federal Government. (c) In acordance with such plan and program for emergency management, to ascertain the require- ments of the state and ist political subdivisions for equipment and supplies of all kinds in the event of emergency; to plan for and procure supplies, medi- cines, material, and equipment; to use and employ from time to time any of the property, services, and resources within the state in acordance with ss. 252.31-252.30; to institute training programs and public information programs; and to take all other preparatory steps, including the partial or full mobi- lization of emergency management foreces and organi- zations in advance of acutal emergency, to ensure the furnishing of edequately trained and equipped forces of emergency management personnel in time of need. (d) to cooperate with the President, the heads of the Armed Forces, the various federal emergency management agencies, and the officers and agencies of other states in matters pertaining to emergency management in the state and the nation and inci- dents thereof and, in connection therewith, to take any measures which it may deem proper to carry into effect any request of the President and the appropri- ate federal officers and agencies for any emergency management action, indluding the direction or con- trol of: 1. Emergency management drills, test, or exer- cises of whatever nature. 2. Warnings and signals for tests and drills, at- tacks, or other imminent emergencies or threats thereof and the mechanical devices to be used in con- nection with such warnings and signals. (e) To make recommendations for zoning, build- ing, and other and use controls, safety measures for securing mobile homes or other nonpermanent or semipermanent structures, and other prevention, mitigation, and preparedness measures designed to eliminate emergencies or reduce their impact. (f) To render assistance to political subdivisions in designing emergency action plans. (g) To prepare and distribute to appropriate state and local officials catalogs of federal, state, and private assistance programs. (i) To promulgate standards and requirements for political subdivision emergency management plans. (j) To review periodically political subdivison emergency management plans. (k) To make such surveys of industries, resources, and facilities within the state, both public and pri- vate, as are necessary to carry out the purposes of ss. 252.31-252.60. (l) To prepare, for issuance by the Governor, such executive orders, proclamations, and rules as are nec- essary or appropriate in coping with emergencies. (m) To cooperate with the Federal Governement and any public or private agency or entity in achiev- ing any purpose of ss.252.31-252.60 and in imple- menting programs for emergency prevention, mitiga- tion, preparation, response, and recovery. (n) To delegate authority ested in it under ss. 252.31-252.60 and to provide for the subdelegation of such authority. (o) To report annually to the Governor and the Legislature, no late the February 1, the status of the emergency management capabilities of the state and ist political subdivisions. (p) To do other things necessary, incidental, or appropiate for the implementation of ss. 252.31- 252.60. 252.60 Radiological emergency prepared- ness- (1) PURPOSE OF INTENT.- It is the pur- pose of this section to establish the means by which certain radiological emergency response plans and preparedness requirements of the United States Nu- clear Regulatory Commission and the Federal Emer- gency Management Agency can be developed and tested by the state, the appropiate counties, and each operator licensed by the United Staes Nuclear Regulatory Commission to operate a commerical nu- clear electric generating facility. It is the expressed intent of the Legislature that no departmen, com- mission, agency, or political subdivision of the state be considered to have assumed or be responsible for the funding of any activity or program required by this section from any sources of funds other than those specifically indentified in this section. (2) DEFINITIONS.- for the purposes of this section, the following terms shall have the meanings indicated: (a) "Facility" means a commercial nuclear generating reactor operated for the purpose viding heat to produce electricity for sale to person other then the owner fo the facility. (b) "Operator" means that person who has ap- plied foir or whoe has ben granted a license by the United States Nuclear Regulatory Commission for the operation of a facility. (c) "Appropriate county" means a county which is required by the United States Nuclear Regulatory Commission or the Federal Emergency Management Agency to be designated a risk or a host county. (d) "Plans" means the radiological emergcency re- sponse plans and preparedness in support of nuclear power plants requirements, including facilities and equipment, currently contained in NUREG-0854 and FEMA-REP-1 or as may be required by cognizant federal agencies in the future. (3) EMERGENCY RESPONSE PLANS-In addition to the other plans required by this chapter, the division shall develop, prepare, test, and imple- ment as needed, in conjunction with the appropriate counties and the affected operator, such radiological emergency response plans and preparedness require- ments as may be imposed by the United States Nu- clear Regulatory Cmmission or the Federal Emer- gency Management Agenecy as a requirement for ob- taining or continuing the appropriate licenses for a commercial nuclear electric generating facility. (4) POWERS AND DUTIES.-In implementing 385 a.253.01 s. 232.60 1981 SUPPLEMENT TO FLORIDA STATUTES l983 o.253.0 198-1 SUPPLEMENT TO FL0q1 4qT administration, protection, and conservation of state- I the requirement of this section, the secretary of the 253.03 Board of trustees to administer state Owned lands. start deparment or his designated representative, shall: lands: lands enumerated. 1. ch. 610,1854. RS 428; G9 Gui; RGS 1054; CGL 13U;. 2. h. low Nvgutjate and enter into such additional con- 253.034 State-owned lands; uses. 61 119; t. 1. ch 92-183; it- 13.,h. 64 330. tract, 3-id arrangements aniong the division, appro- 253.04 Duty of board to protect, etc., state lands; 2,008S.1. dpittilk I---& priate counties. and each o1mratur to provide for the tate may join in any action brought. qmqe It of foodiog i0lil (lo, re@pective rules (if each in 251.123 Restrictions on filling land and dredging. 253.022 Land Management Advisory Com- qOfqs the de%clultnitria, preparation, testing. and imple- 253.124 Application for filling land. m ittee.-[ Repeated effective October 1, 1990, by a. 21 qu menttion of the plans. 253.1245 Consideration by local government. ch. 84-94, and scheduled for review pursuant to a. tat ( Evaluate and determine the adequacy of the 253.76 Appeals; proceedings. 11-611 in advance of that date.) qloc npp1ppupon consultations with the United 253.77 State 1 2 ands; state agency authorization bea State., Nuclear Regulatory Commission and other for use prohibited without consent of 253-023 Conservation and Recreation Lands qiqn, agencies, as appropriate, and upon the results of such agency in which title vested. Trust Fund; purpose.- tests as rnav be conductcd f q3 253.781 Retention ofstate-owned lands in the Ok- (1) It is the policy of the state that the citizens 0 env c Limited to such funding as is available based lawaha River and Valley; transfer to the this state shall be assured the availability of public 4 upon the requirements of subsection 6). require the Federal Government for inclusion in lands on which to recreate. In recognition of this poli- or participation of appropriate counties and operators Ocala National Forest. cY, it is the intent of the Legislature to provide such in the q&velopment. preparation. testing, or imple- 253.78 Retention of state-owned lands in and public lands for the people residing in urban and yea mezion of the plans as needed. around Lake Rousseau and the Cross metropolitan areas of the state as well as those resid- cqm d Determine the reasonableness and adequacy Florida Barge Canal right-of-way from ing in less populated, rural areas; it is the further in- be the provisi3ris, terms, and ccriditi-un3 of the plans Lake Rousseau west to the Withlacoo- tent of the Legislature, with regard to the lands de- ral and. in the event the appropriate counties and the chee River. scribed in paragraph (3)(b), that a high priority be eas @ors cann,or agree, resolve such differences and 253.7829 Management plan for retention or dispo- given to the acquisition of such lands in or near coun. require -impliance by the appropriate counties and sition of Cross Florida Barge Canal ties exhibiting the greatest concentration of popula- gqati the pe.-ators w' th the plans. In resolving such differ- lands; authority to manage lands until tion and, with regard to the lands described in sub- wit n. the secretary shall consider. section (3), that a high priority be given to acquirm be i disposition and to dispose of surplus lands within any area designated as an area of criticql rece . The requirements and parameters placed on lands. state concern under a. 380.05 which, in the judgment the 1r3t0fS by federal law and agencies; 253.783 Additional powers and duties of the De- Con 2. The reasonableness and adequacy of the fund- partment of Natural Resources. of the selection committee established pursuant to a. (6 259.035, cannot be adequately protected by applica- Con ing fur appropriate counties from any sources Of 253.784 Contracts. tion of land development re ulations -adopted pursu- sect funds other than local revenue sources; and 253.785 Liberal construction of act. 9 1 ant@ to s.,380.05* (b The fiiisorqiabbinesi and -aq@aqprq6ptiaarqfiss of the" 253.80 Murphy Act lands; costs arid attorney (2) There is'established within the Department of x3 the appropriate counties likeh, to be incurred prqiqd fees for quieting title. Natural Resources the Conservation and Recreation ter in mplqOng with provisions, terms, and conditions 253.81 Murphy Act; tax certificates barred. Lands Trust Fund, to be used as a nonlapsing, re- Nat fhe plans. 253.82 Title of state or private owners to Mur- volving fund. exclusively for the purposes of this rec. Stqa e Receive. expena, and disburse such funds as phy Act lands. tion. To the fund shall a credited 50 percent of the suqe are p3de available by each licensee pursuant to this 253.83 Construction of reciadification. total moneys collected from the exci q1q1 section. se tax on the sev- qtha erance of: the Limited to such funding as is available based 253.01 Internal Improvement Trust Fund es- (a) Oil, such moneys to be taken from the first oil exce upn the requirements of subsection i5l. coordinate tablished. tax provided in a. 211.02(t)(a); side all trines undertaken pursuant to this section or (1)(a) So much of the 500,000 acres of land grant- (b) Gas, such moneys to be taken from the first required c:f appropriate counties and operators b or 0. edeal (it :irate agency. ed to this state for internal improvement purposes by gas tairqlorqavideql in a. 21l.02(l)(c); the FL NDING.-All funds for the implements. an Act of Congress passed March 3, A. D. 1845, as re- (C) id minerals other than phosphate rock, (7 of th;s section shall be provided by the operators mains unsold, and the proceeds of the sales of such such moneys to comprise that portion of the tax paid und uired-by subsection (4), except-that operators lands heretofore sold as now remain on hand and un- into the State Treasury in accordance with part 11 of of t :.'.cr iniqti bilateral agreements ixiih other state appropriated, and all proceeds that may hereafter ac- chapter 211; and man sueries or appropriate counties when necessary. No crue from the sales of such lands; and all the swamp- fr (d) th Phosphate rock, such moneys to be taken term -ubdi% ision of the crate shall be considered land or lands subject to overflow granted this state by om at portion of the tax paid into the State Trea- for v an Act of Congress approved September 28, A. D. sury in accordance with part 11 of chapter 211. (8 hc -bligated or consented to have obligated any 1`11@;m anv local revenue source whatsoever by 1550, together with all the proceeds that have ac- this p mg witq@ the provisions of this section. crued or may hereafter accrue to the state from the The Department of Revenue. upon compilation of q9. 25 i_;V. . 9 sale of such qfands, are set apart, and declared a sepa- each month's receipts of the severance tax, shall acqu rate and distinct fund called the Intern3t Improve- credit the amount provided in this sedion to the s. 25 ment Trust Fund of the state, and are to be strictly fund, commencing with the funds collected in July latur applied according to the provisions of this chapter. 1984; however, if such aniount exceeds $25 million in lecte (b) All revenues derived from application fees fiscal year 1984-1985, S35 million in fiscal year 1985- 259.0 CHAPTER 25:3 charged by the Division of State Lands for the use in 1986, or $10 million in any fiscal year thereafter, the 259.0 any manner, lease, conveyance, or releaze'of any in- department shall deposit the excess into the General qaddi STAI E LANDS terest in or for the sale of state lands shall he placed Revenue Fund. fund into the Internal Improvement Trust Fund. The fees (3) The Governor and Cabinet. sitting as the survqe Board of Trustees (if the Internal I _ Internal Improvement Trust Fund estab- charged by the diNision for reproduction of records mprovernent to qbe Trust Fund, may allocate moneys from the fund in uqnde relating t 0 state lands shall also be placed into the any one year to acquire the fee or any lesser interest and \Iana,entunt Ad%ssorv Committee. fund. of th 'land in each of the following categories: the 2:21 1 onset,ation and Recreation Lands (2) All revenues accruing from sources qJesignated in (a ands qualifitA for purchase as environmen- qspqeqcqi rru@t Food; purpose. by low for deposit in the Internal Inifirt,i.ementTrust lally dange ed hoid, us defined in 9. 259.03(2), or been I -5 en r A, t nt;oe land,,. Fund shall be used for the acquisition, niam,gonent. :04; 8q48q6 387 q0 .p1000;1400;52;84q253023 19S IS UPPLE it ENT TO FLOR IDA STATUTES 1983 a.253.025 9.253.025 1984 SUPPLEMENT TO FL land may be acquired in accordance with the provi- Lands Trust Fund or Land Acquisition Trust Fund align that he has no vested or fiduciary interest in and when with whom verified. The fee appraise ins of chapter 73 or chapter 74. and the fund may shall be initiated within 6 months of approval by the parcel shall consider any enhanced value to adjoining prop be used to pay the condemnation award and all costs, Governor and Cabinet of the lists developed pursu- (c) After the contract between the agency and the erty of the landowner whose land is being considered including a reasonable attorney's fee, associated with ant to a. 259.035. fee appraiser is signed, the agency shall transmit to for acquisition and which may occur as a proximat condemnation. (b) Title shall be conveyed, or a written a result of the proposed acquisition the fee appraiser all pertinent title information de- (f) The appraisal report shall state ant assump (9) Agencies designated to manage lands under ment to transfer title shall be executed, wi in 6 veloped, pursuant to rules adopted by the board of tion made by the appraiser in determining land valu this section shall develop and adopt, with the approv- months of the initiation of purchase negotiations un- trustees; a specification of the rights to be acquired; and shall document and adequately support the fe J ef the board of trustees, individual management less the Department of Natural Resource& formally a list of items ' if any, considered to be noncompens- appraiser's estimate of conclusion as to value. The re plans for each project designed to conserve and pro- abandons that acquisition prior to the conclusion of able; minimum appreisid requirements that apply; port shall include a description of the location, size tect such lands and their associated -itural re- such 6-month period. required appraisal. forms; and a certified survey shape, topography, access, highway frontage, and sources, (c) If, within such 6-month period. title is not which meets the minimum re irements for upland present zoning of the property. The report shall ad has is not executed. qgarcels established by the "2qTilinimuna Technical dress other factors relevant to the potential of the 10 The board of trustees may allocate, in any conveyed, an agreement to purc property for development, including but not limited year, an amount not to exceed 10 percent of the mon- or a project is not formally abandoned, the Division tandards for Land Surveying in Florida" of the De- to, local government land use restrictions and permit eys credited to the fund in that year, such allocation of State Lands shall notify the Governor and Cab, - partment of Professional Regulation and which accu- moratoria, environmental sensitivity of the property to be used for maintenance and management of any net. Within 30 days after such notification, the Gov- rately to the greatest extent practicable the and the likelihood of obtaining any primarily conside co n d I t qPor tqrqalyhs the amount a willing purchaser would pay a willin; ad, acquired pursuant to this section. ernor and Cabinet shall instruct the division to con- . a. . . =el as it currently exists. Howev- seller, exclusive of reasonable fees and costs of pur (11) All lands managed tinder this section shall tinue or abandon the project, in whole or in part. er. in cases in a survey cannot be practically chase, in cash or the immediate equivalent thereof in be Open for public use and enjoyment to the extent (6) Evidence of marketable title shall be provided completed or in which the cost of the survey will be a transaction at arm's length. This fair market value the board of trustees flind compatible with the con- by the landowner prior to the conveyance of title, as prohibitive relative to the expected value of the par- should, as much as practicable, be based on compara servation and protection of public lands. Such public provided in the final agreement for h Such eel, the requirement for such certified veql way, in ble arm's length sales of similar property. The fee ap part or in whole. be waived by the boqaquqr . trustees praiser shall also consider: use may include, upon approval of the board of trust- evidence of marketability shall be in qt6qtrform of title rd 1. The present use of the property, taking into ees, fishing, bunting. camping, hiking, nature study, insurance or an abstract of title with a title opinion. any time prior to submission of the aqpreement for consideration any applicable local or state land us swimming, boating, and canoeing. The board of trustees may waive the requirement purchase to the division. When an existing boundary regulation and any moratorium imposed by executiv (12) The board of trustees may adopt rules to that the landowner provide evidence of marketable map and dese, iption of a parcel are determined by order, law, ordinance, regulation, resolution, or prod further define the categories of land for acquisition title, and, in such case. the acquiring agency shall the division to be sufficient for a2qgraisal purposes, lamation adopted by any governmental body or agen under this section and under chapter 259. provide evidence of marketable title. the division director may temporari y waq!ve atsurvey cy or the Governor when the moratorium prohibits o History-s.h.ch.79 255:a.16.ch.60-256; a. 5. ch 81.25;a.l.ch.81.210:a (7) Prior to approval by the board of trustees of until any time prior to conveyance of title a such restricts the development or improvement of proper ics.ch.al-259;a l.65.62-162,a.2.ch.53-80.a.l.ch.83-114,a.10.ch.64-350. L any agreement to purchase land pursuant to a. parcel. the fee appraiser and the review appraiser for ty as otherwise authorized by applicable law; 253.023, chapter 259, or chapter 375, and prior to ne- the agency- shall not act in any way that may be con- 2. The highest and best use to which the property 253.025 Acquisition of state lands.- tiations with the parcel ovvneq@ to purchase any oth- strued as negotiating with the property owner. Ap. can be expected to be put in the immediate future 1) Neither the Board of Trustees of the Internal ego land title to which will vest in the board of trust- praisal reports are confidential and exempt from the The term "immediate future" as used in this section Improvement Trust Fund nor its duly authorized ees, q;n q@ppraisal of the parcel shall be required as fol- provisions of chapter 119, for use by the agency and means a period of time not to exceed 5 years; nt shall commit the state, through any instrument lows: the board of trustees, until an option contract is exe- 3. The location of the property; of negotiated contract or agreement for purchase. to (a) Each parcel to be acquired shall have at least cuted or, if no option contract is executed, until 2 4. The quantity or size of the property; the purchase of lands with or without appurtenances one appraisal. Two appraisals are required when the weeks before a contract or agreement for purchase is 5. The cost of the property and the present de unlcss the provisions of this section have been fully value of the first appraisal exceeds $250,000. Howev- considered for approval by the board of trustees. The preciated reproduction costs of any improvement complied with. However. the board of trustees may er, when the values of both appraisals exceed agency may release an appraisal report when the pas- thereon; substitute fedea, mandated acquisition procedures $230,000 and differ significantly, a third appraisal sage of time has rendered the conclusions of value in 6. The condition of the property; and r the provisions of this section when federal funds me)- be obtained. the report invalid. 7. The income from the property. a. e a-.-a;lable and will be utilized for the purchase of (b) Appraisal fees shall be paid by the agency (d) Prior to acceptance, the agency shall submit a lands tt The availability of utilities, if any, and a detailed de itle to whi will ves't in the board of trustees, proposing the acquisition. The board of trustees shall copy of such report to the Division of State Lands. scription of any appurtenances shall also be included and qualification for such federal funds requires approve qualifled fee appraisal organizations which The division shall review such report in accordance (g) The appraisal report shall be accompanied by compliance with federallY mandated acquisition pro- shall include, but not be limited to. the American As- with generally accepted professional standards of ap. the sales history of the parcel for at least the prior cdureB. The board of trustees may waive any provi- sociation of Certified Appraisers. the American Insti- praisa) review. With respect to proqrosed purchases in years. Such sales history shall include all parties and considerations with the amount of consideration veri i of this section when land is being conveyed from tute of Real Estate Appraisers, the American Society excess of S250.000, this review sha I include a general fied, of possible, and the amount of assessed value o a tate agency to the board. of Appraisers, the American Society of Farm Manag- field inspection (if the subject property by the review the parcel. If a sales history would not be useful, o 21 Pri,.r 1,, any mate agency initiating any land ers and Rural Appraisers, the National Association of appraiser. The review appraiser may reject an a its cost prohibitive compared to the value of a parce U1,161111, v.Wepl as pertains to the purchase of Independent Fee Appraisers, the Na!ional Society of praisal report following a desk review, but is proli8qt the sales history may be waived by the executive di riht,.of-%%av and borrow pits for road building pur- Fee Appraisers, and the Society of Real Estate Ap- ited from approving an appraisal report in excess of rector of the Department of Natural Resources or th pes. the agzl-ncv shall coordinate with the Division praisers. The Division of State Lands shall maintain S250,000 without a field review. This review shall in' director of the Division of State Lands. The depart of State Lands to determine the availability of exist- a current list of all fee appraisers who are members of clude a check for comparable sales which may have ment shall adopt a rule specifying guidlines fo ing, suitable state-owned lands in the area and the the professional organizations approved by the board been omitted by the fee appraiser. Prior to accep- waiver of a sales history. public purp,.se for which the acquisition is being pro- of trustees and who desire to conduct appraisals un- tance of an appraisal report, thS review appraiser (h) The board of trustees may consider an ap 68qP praisal acquired by a seller, or any part thereof, in ne ed. If the itate agency determines that no suitable der contract for the division. The list of qualified fee shall request the appropriate local property apprais- gotiating to purchase a parcel, but such appraise "s er's comments on the value of the proposed acquisi- may not be used in lieu of an appraisal required b tate-owned lands exist, the state agency may pro- appraisers shall contain information relative to q@he this subsection or to determine the maximum offe ceed to acquire such lands by employing all available fee appraiser's qualifications, location of practice, tion. Any questions of applicability of laws affecting allowed by law. atutor; authority for acquisition. business reputation, and areas of specialization, if an appraisal shall be addressed by the legal office of 3l qCand akquisition procedures provided for in any. The board of trustees shall adopt minimum the agency. hi, are for v,4untary, negotiated acquisi- criqleria for selection (if prequalified fee appraisers in (e) Techniques and methods used by a fee ap- ;Il order to solicit proposals for appraisal services under praiser shall he consistent with generally accepted .1i For the purposes of this section, the term "ne- this section. The Division of State Lands shall main- appraisal standards. If the fee appraiser uses compa- gtiations- does not include preliminary contacts t-lin a current list of prequalified fee appraisers from rable sales in determining value, he shall thoroughly with the property owner to determine the availability %% hich selection will be made by the division when ap- describe each such sale including the date of sale, the of ih@ property, ex0ing uppraisal data, existing all- prai,als tire required by an a'cquiring agency ui der legal descriptitm, the present use, the highest and rad,. and surve%s. this ection. Each fee appraiser selected it) appraise a bebt use, the official record book and page where tile oho llurchae negotialitins for the acquisition particular partel shall, prior it) contracting with tile transaction ii recorded, the grantor and grantee, the of any Lind fnim the C,,nervation and Recreation agency. submit to that agency all affidavit substanti. purchase price. tile terms and conditions of the sale, 388 389 . 253.O23 1984 ST PPLEMENT TO FLORIDA STATUTEN 1983 253.03 1984 SUPPLE51ENT TO FLORIDA STATUTES 1983 S. 253.03 0.253.03 (S)(a) When the owner r-represented by an agent ficient evidence of marketability (if title. The [N@ard state lands for the repayment of funded debt. Lands in the name of the state or any of its boards, depart- or broker, negotiates may not be initiated or con- t,f trusices may not accept by dedication. gilt,-grant. vested in the Board of Trustees of the Internal Im- ments, agencies, or commissions shall be deemed to inue,Li 1111til it -title,, statement verifying such or bequest any lands and appurtenances that are de- provement Trust Fund shall be deemed to be: be vested in the Board of Trustees of the Internal e.= S "r br,ik,,r's legal or fiduciary relationship with termined as being owned by the state either in fee or (a) All swamp and overflowed lands held by the Improvement Trust Fund for the use and benefit of the owner is in file with the agency. by virtue of the state's sovereignty or which are so state or which may hereafter inure to the state; the state. By October 1, 1967, any board, commission, qM Upon the initiation of negotiations, the state encumbered so as to preclude the use of such lands (b) All lands owned by the state by right of tqa department, or agency holding title to any state lands agency shall inforni the owner in writing that all and appurtenances for any reasonable public pur- sovereignty; used for public purpose shall execute all instruments areemems for purchase are subject fit approval by pose. The state is not required to appraise the value (c) All internal improvement lands proper; necessary to transfer such title to the Board of Trust- the b.,ard (if trustees- of such donated lands and appurtenances as a cundi. ees of the Internal Improvment Trust Fund for the (c) All c,fferi or counteroffers shall lie in writing (ion of receipt. (d) All tidal lands; use and benefit of the state, except lands which re- (e) All lands covered by shallow waters of the verted to the state under the provisions of chapter nd bhall be t-tilidential and exempt from the pruvi- (10) Any conveyance to the board of trustees of ocean or gulf, or bays or lagoons thereof, and all lands 18296, Laws of Florida, 1937, commonly known and n, "f chapter 119 until an option contract is exe- fee title shall be made by no less than a special war- owned by the state covered by fresh water; referred to as the "Murphy Act." ted, o. if no .,ptiun contract is executed until 2 ranty deed, unless the conveyance is from the Federal (7) The Board of Trustees of the Internal Im- (f) All parks, reservations, or lands or bottoms set provement Trust Fund is hereby authorized and di- wef-ks before a -mitract or agreement for puq;cbase is Government or another state agency. The title to aside in the name of the state, excluding lands held rected to administer all state-owned lands and shall iisidcred for approval by the board of trustees. The lands acquired pursuant to this section shall vest in for road and canal rights-of-way; be responsible for the creation of an overall and com- agency shall maintain complete and accurate records the board of trustees as provided in a. 253.030). All (g) All lands which have accrued, or which may prehensive plan of development concerning the ac- all offcrs and counteroffers for all projects. such lands, title to which is vested in the board pur- hereafter accrue, to the state from any source what- quisition, management, and disposition of state- q@dl No offer by a state agency may exceed the suant to this section, shall be administered pursuant sciever, excluding lands held for road and canal owned lands so as to ensure maximum benefit and tie f it that parcel as determined pursuant to a sin- to the provisions of a. 253.03. rights-of-way, spoil areas, or borrow pits or any land, use. The Board of Trustees of the Internal Improve- appraisal, the average of two appraisals if two are (11) The Auditor General shall conduct perform- the titleo which is vested or maqz, become vested in ment Trust Fund shall adopt rules and regulations i3ined, or the average of the two closest appraisals ance postaudits of acquisitions and divestitures any port authority, flood control strict, water man- necessary to carry out the purposes of this act as if more than two are obtained. The provisions of this which according to his review of the overall land ac- agement district, or navigation district or agency cre- herein set forth. p.agraph do not apply to the acquisition of histori- quisition program he deems necessary. These select- ate (8)(a) The Board of Trustees of the Internal Im- lly unique or significant property as determined by ed reviews will be initiated within 60 days following (d byla provement Trust Fund shall prepare, using tax roll q@y general or special act. data provided by the Department of Revenue, an an- is the intent of the Legislature that the nual inventory of all publicly owned lands owned by e Divi,,ion of Archives of the Department of State. the final approval by the board of land acquisitions Board of Trustees of the Internal Improvement any unit of state government or local government; by (,-) When makijig an offer to a landowner, a state under this section. The Auditor General shall submit Trust Fund continue to receive proceeds from the the Federal Government, to the grestest extent possi- 2pppp1pll consider the desirability of a single cash an audit report to the board of trustees, the Presi- sale or disposition of the products of lands and the ble; and by any other public entity. The board shall payment in relation to the maximuni offer allowed by dent of the Senate, the Speaker of the House of Rep- sale of lands of which the use and possession Eire not submit a summary report of the inventory and a list law. resentatives, and their designees. subsequently tran,ferred by appropriate lease or sim- of major discrepancies between the inventory and the qM The state shall have the authority to reim- (12) The board of trustees and all affected agen- ilar instrument from the board of trustees to the ax roll data to the President of the Senate and the burse the owner for 'he cost of the survey when cies shall adopt and may modify or repeal such rules pro * Ig agency. Such using agency shall be entqiq- Speaker of the House of Representative on or before deemed appropriate. The reimbursement shall not be and regulations as are necessary to carry out the put- Ter usir March 1 of each year. tie to the proceeds from the We of products on, un- (b) In addition to any other parcel data available, considered a part of the purchase price. poses of this section, including rules governing the der, growing out of, or connected with lands which the inventory shall include a legal description or g) All offers by the agenq6-, including the final terms and conditions of land purchases. Such rules such using agency holds under lease or similar instru- proper reference thereto, the number of acres o Po offer, shall be reviewed by the legal couq;sel of the shall address the procedures to be followed, when ment from the board of trustees. The Board of Trust- square feet within the boundaries, and the asses agency. A final offer shall be in the form of an option multiple lanclutivners are involved in an acquisition, in ees of the Internal Improvement Trust Fund is di. value of all publicly owned uplands. To the great contract or agreement for purchase and shall be obtaining written option agreements so that the in- rected and authorized to enter into leases or similar extent practicable, the legal description or pro signed and attested it) by the ow-ner and the repre- terests of the state are fully protected. instruments, without consideration, for the use, ban- reference thereto and the number of acers or square sntative of the agencv Before the agency signs the , 9. 6 79 255; , 7. &SC-356. 166. 6. 81 159, , 2. A, 92 152, efit and possession of public lands by state agencies feet shall be determined for all publicly owned sub- 2. A S3.114; . 14, dg. 84-330. merged lands. For the purposes of this subsection, agreement for purcha:e or exercises the option con- N. O--Tht @fficwl - .1 d. di,-Lxi. @hkh .f.- . ad. i@ 0. whi ch may properly use and possess them for the the term "submerged lands" means publicly owned . - . 2010 t lands below the ordinary high-water mark of fresh tract, the provisions of a. 286.23 shall be complied @DMi- d Ar@hi., HI.Wry W R-6 Mai"...itt beneh of the state. waters extending seaward to the outer jurisdiction of ih Within 10 days after the signing of the agree- (3) The provisions of a. 270.11, requiring the the state. By October 31 of each year, the Depart- -nt for purchase. the state agency shall furnish the 253.03 Board of trusteen to administer state hoard of trustees to reserve unto itself certain oil and ment of Revenue shall furnish, in machine-readable 6ivisiun of State Lands with the original of the lands; lands enumerated- mineral interests in all deeds of conveyances execut- form, annual, current tax roll data for public lands to a ment for purchase along with copies of the dis- the board to be used in compiling the inventory. ree. (1) The Board of Trustees of the Internal Im- ed by the board of trustees, shall not have application (c) By Decenber 31 of each year, the board shall sure notice. evidence of marketability, thhe accept- provement Trust Fund of the state is vested and to any lands that inure to the board of trustees from prepare and provide to each state agency and local d appraisal report, the fee appraiser's a ff. davit, a charged with the -.quisition, administration, man- `:.@r state agencies, departments, boards, or com- government and any other public entity which holds statement that the inventory of existing state-owned agement, co;-,@rol, supervision. conservation, protec- inissions under the terms and provisions of this act. title to real property, including any water manage- lands was examined and contained no available suit- tion, and disposition of all lands owned by. or which (4) It is the intent of the Legislature that, when ment district, drainage district, navigation, or e land in the area. and a statement outlining the mav hereafter inure to, the state ,r an,, of its agen- title to any lands is in the state, with no specific special taxing district, a list of the real property public Purpose ror which the acquisition is being cieq'idepartments, boards, or commissions, excluding agency authorized by the Legislature to convey or owned by such entity, required to be listed on county made and the statutury authority therefor. lands held for road and canal rights-of-way, spoil at- otherwise dispose of such lands, the Board of Trust- assessment rolls, using tax roll data provided by the ' h) Within 45 davs of receipt by the Division of eas and lands required for disposal of materials, or ees of the Internal Improvement Trust Fund be vest- Department of Revenue. By March 31 of the follow- State Lands of the qigreement for purchase and the borrow pits; any land, title to which is vested or may ed with such title and hereafter be 4qAthorized to ex- ing year, each such entity shall review its list and in- required documentation, the board of trustees shall become vested in any port authority, flood control ercise over such lands such authority as may be pro- form the appropriate property appraiser of any cor- ,r reject or approve the agreement. An approved district, water management districqi, or navigation vided by law. rections to the list. The Department of Revenue shall agreement fur purchase is binding on both parties. district or agency created by any general or special (5) It is the specific intent of the Legislature that An agreement which has been disapproved shall be act; and any lands, including the Camp Blending this act repeal any provision of state law which may returned to the agency'along with a statement as to Military Reservation, which have been conveyed to require the Board of Trustees of the Internal Im- the deficiencies of the agreement or the supporting the staie for military purpc-ses only, and which are provement Trust Fund to pay taxes or assessments of documentation. An agreement for purchase which subject to reversion if conveyed by the original grant- any kind to any state or local public agency on lands ha i;een disapprot,ed by the board of trustees ma 'v ce or if the conveyance to the Board of Trustees of which are transferred or conveyed to the Board of rt@uhmittecl when such deficiencies have been car- the Internal Improvement Trust Fund tinder this act Trustees of the Internal Improvement Trust Fund ed. w,uld work a reversion from anv other cau'e. 'it under the terms (if this act and which at the time of I No dedicati--n, gift, grant, or bequest of lands where any conveyance of lands held bN a state agenc % the passage of tlii act are entitled to tax-exempt sta- 390 fill 391 0 2_3.3____I08A sUPPLENIENT TO FLORIDA STATUTES 1983 a.253.03 e.253.03 1984 SUPPLEMENT TO FLORqI provide for entering such corrections on the appro@ tion shall vest. without any obligation, full title to the Board of Trustees of the Internal Improveniqfat plan required by subsection (4) for a specific single count -v tax full. materials in the owner of the land where deposited. Trust Fund, the Division of State Lands shiall review use shall recieve multiple-use management. The Board of Trustees of the Internal Im. (b) When qsublic lands on which are deposited such application or request and shall request submit- (3) No management agreement, lease, or other in- pruvemnt, Trust Fund is responsible for the acquisi- materials dre ged from state-sovereignty tidal or tal of all additional information necessary to process strument authorizing the use of lands owned by the tion nd disposal of federal lands and buildings submerged bottom lands by the public body are sold the application. Within 30 days after receipt of such Board of Trustees of the Internal Improvement which are declared surplus or excess. The Board of or leased for a period in excess of 20 years, which additional information, the division shaff review the Trust Fund shall be executed for a period greater Trustees of the Internal Improvement Trust Fund term includes any options to a private party, 50 per- information submitted and may request only that in- than is necessary to provide for the reasonable use of shall establish regular procedures to assure that state cent of any remuneration received shall forthwith be formation needed to clarify such additional informa. the land for the existing or planned life cycle or and local agencies are made aware of the availability remitted to the Trustees of the Internal Improve- tion, to ocess the appropriate form of approval in. amortization of the improvements. An agency man- of federal lands and buildings. ment Trust Fund and the balance shall be retained clicated lquly the additional information, or to answer aging or lease state-owned lands from the Board of 0) The Board of Trustees of the Internal Im- by the public body owning the land. those questions raised by, or directly related to, such Trustees of the Internal Improvement. Trust Fund provement Trust Fund and the state through any of (c) Any materials which have been dredged from additional information. An application for the au- may not sublease such lands without prior review by its agencies are hereby prohibited from levying any state-sovereignty tidal or submerged bottom lands by thority to use state-owned submerged land which re- the division and by the Land Management Advisory charge, by whatever name known, of attaching any the public body and deposited on public lands may quire2poard action shall be submitted to the board Committee created in s. 253.022 and approval by the lien, on any and all materials dredged from state- be removed by the8qlublic body to private lands or in- for its approval or denial within 90 days after receipt board. The Land Management Advisory Committee sovereignty tidal lands or submerged bottom lands or terests only after ue advertisement for bids, which of the original application or the last item of timely is not required to review subleases of parcels which on -the lands constituting the spoil areas on which means a notice published at least three times within re are less than 160 acres in size. her- a 60-day period in a newspaper published and having to6qcested additional informatiori. This 'time shall (4) Each state agency managing lands owned by such dredged materials are placed. except as ot ed by any notice requirements and public hearing the Board of Trustees of the Internal Improvement wise provided for in this subsection, when such mate- general circulation in the appro0qtate county. The held pursuant to a. 253.115, or any hearing held pur- Trust Fund shall submit to the Division of State rial, are dredged by or on behalf of the United States qEurchase price submitted b@ the ighest responsible suant to a. 120.57. If the review of the applicatio i Lands a land-management plan no later than July 1, or the local sponsors of active federal navigation proj- idder shall be remitted to ihe Trustees of the Inter- not completed within the 90-day period, the divia8qLmn 1984, and at least every 5 years thereafter, in a form ects in the pursuance of the improvement, construc- nal Improvement Trust Fund. If no bid is received, shall submit in the quarterly report of the depart- and manner prescribed by rule by the board no later tion, maintenance, and operation of such projects or 'he public bodyahall have the right to fully convey ti- ment to the board the reasons for not completing the than January 1, 1984. All management plans, wheth- by a public body authorized to operate a public port tle to, and dispose of, any such inaterial on its land, review of the application and an estimated date by er for single-use or multiple-use properties, shall spe- facility (all such parties referred to herein shall here- with 0 .ement of payment to the Trustees of which the application will be submitted to the board cifically describe how the managing agency plans to rt identify, locate, protect and preserve, or otherwise ,he n re2qMlqm for its action. use fragile nonrenewable resources, such as archaeo- after be called "public body') in pursuance of the im- Intern provement Trust Fund. logical and historic sites, as well as other fragile re- provement, construction, maintenance, and opera- (d) Nothing in this subsection shall affect any 111io-7- L& 15647.193IXGL. 19:0qT4qm 1446411k.1.6IR sources, including endangered plant and animal spe- tion of such facility, including any public transfer preexisting contract or permit to engage in dredging 2. 3. L6' . @269, . 2. L 67 -r-16, . V. 3a L106,, & cies. Land-management plans submitted by an agen- and terminal facilities, which actions are hereby de- of materials from state-sovereignty tidal and sub- 15 76. & 1. c@ M251: @ 10. Ch. 9-q= L IL cl@ 804K S cy shall include reference to appropriate statutory .local 93-22&- 1% Cb. 84.' .9. , 4. cb. 64-249. authority for such use or uses and shall conform to clard to be for a public purpose. The term merged bottom lands, nor shall it be construed to -4 'tq-' - -bWucd by d. W- f. %6 -d *u-. the appropriate policies and guidelines of the state sponsor' means the local agency designated pursuant void any preexisting agreement or lien against the land-managment plan. to an act of Congress to assume a portion of the navi- lands upon which dredged materials have been (a) The Division of State Lands shall submit a gain project costs and duties. Active federal naviga. placed or to have any retroactive effect. 253.034 State-owned lands; uses.- copy of each land-management plan for parcels Eton projects are those congressionally approved proJ_ (11) The Board of Trustees of the Internal fin- (1) As used in this section, the following phrases which exceed 160 acres in size to each member of the t which are being performed by the United States provement Trust Fund may adopt rules to provide have the following meanings: Land Management Advisory Committee. The com- Army COTP$ of Engineers or maintained by the local for the assessment and collection of reasonable fees, (a) *Multiple use" means the harmonious and co- mittee shall, within 60 days after receiving a plan sponsors. commensurate with the actual cost to the board. for ordinated management of timber, recreation, wild- from the division, review each plan for compliance (a) Except for beach nourishment seaward ofex- disclaimers, easements, exchanges, gifts, leases, re- life, forage, archaeological and historic sites, or water with the requirements of this subsection and with the iing lines of vegetation on privately owned or pub- leases, or sales of any interest in lands or any applica- resources so that they are utilized in the combination requirments of the rules established by the boa l ow-ned uplands fronting on the waters of the At- tions therefor and for reproduction of documents. that will best serve the people of the state, making pursuant to this subsection. The committee shall al lantic Ocean or Gulf of Mexico and authorized pursu- (12) The Board of Trustees of the Internal Im- the most judicious use of the land for some or all of consider the propriety of the recommendations of ant to the provisions of part I of chapter 161, no me- provement Trust Fund is hereby authorized to ad- these resources and ghring consideration ta the rela- managing agency with regard to the future use of the ia dredged from state-sovereignty tidal or sub- minister. manage, control, conserve, and protect all tive values of the various resources. property, the protection of fragile or nonrenewable merged bottom lands by a public body shall be de. real property forfeited to the state pursuant to ss. (b) 'Single use" means management for one par- resources, the potential for alternative or multiple posited on private lands until: 895.01-895.09. The board is directed to immediately ticular purpose to the exclusion of all other purposes. uses not recognized by the managing agency, and the I- The United States Army Corps of Engineers or determine the value of all such.pr.operty and shall as- except that the using agency shall have the option of possibility of disposal of the property by the board. the local sponsor has first certified that noL public certain whether the property Is in any way encum. including in its management program compatible After its review, the committee shall submit the plan, lands are available within a reasonable distance of bered. If the board determines that it is in the best secondary purposes which will not detract from or in- along with its recommendations and comments, to the dredging site; and interest of the state to do so. funds from the Land terfere with the primary management purpose. Such the board. The committee shall specifically recom- 2. The public body has published notice of its in- Acquisition Trust Fund may be used to satisfy any single uses may include, but are not necessarily re- mend to the board whether to approve the plan as tention to utilize certain private lands for the deposit such encumbrances. All property acquired by the stricted to, the use of agricultural lands for produc- submitted, approve the plan with modifications, or of materials, in a newspaper published and having board pursuant to ss. 695.01--;95.09 shall Le sold as tion of food and livestock, the use of improved sites reject the plan. general circulation in the appropriate county at least soon as commercially feasible. The proceeds of the and grounds for institutional purposes, apd the use of (b) The Board of Trustees of the Internal Im- three times within a 60-day period prior to the date sale shall be distributed as follows: lands for parks, preserves, wildlife management, ar- provement Trust Fund shall consider the land- of the scheduled deposit of any such material, and (a) After satisfaction of any valid claims arising chaeological or historic sites, or wilderness areas management plan submitted by each state agency therein advised the general public of the opportunity under the Provisions of a. 695,09ill1a) or 1b), any where the maintenance of essentially natural condi- and the recommendations of the Land Management bid on the purchase of such materials for deposit moneys used to satisfy encumbrances and expended tions is important. All submerged lands shall be con- Advisory Committee and the Division of State Lands on the purchaser's designated site, provided any such es costs of administrq@tion, appraisal, management, sidered single-use lands and shall be managed pri- and shall approve the plan with or without modifica- deposit shall be at no increa@ecl cost to the public conservation, p otection, and sale shall be replaced in marily for the maintenance of essentially natural tion or reject such plan. The use or possession of any bov. Such notice shall state the terms, location, and the Land Acquisition Trust Fund; and conditions, the propagation of fish and wildlife, and such lands which is not in accordance with an ap- c@itins for receipt of bids and shall state that The (b) The remainder shall be distributed as set public recreation, including hunting and fishing proved land-management plan is subject to termina- public body shall accept the highest responsible bid. forth in s. 895-09. where deemed appropriate by the managing agency. tion by the board. All bids shall be submitted to the Trustees of the In- (13) Within 30 davs after receipt of an applica- (2) All lands owned by the Board of Trustees of (5) The Board of Trustees of the Internal Im- r Improvement Trust Fund. All moneys ob- tion for the use of state-owned submerged lands in the Internal Improvement Trust Fund shall be man- tained from uch purchases of materials shall be re- connection with a permit under chapter 403, includ- aged in a manner that will provide the greatest com- rnid forthwith to the Trustees of the Internal fin- ing a purchase, lease, easement, disclaimer, or other bination of benefits to the people of the state. All prvrnentTrust Fund. Compliance with this subsec- consent to use such lands requiring action by the skich lands not designated in the tand-munagement 392 393 s. 253.031 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 253.1245 s. 253.76 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 253.782 provement Trust Fund shall determine which lands, suits in trespass which in the judgment of the board the title to which is vested in the board, are of no may be necessary to the full protection and conserva- 253.76 Appeals; proceedings.-[Repealed by authorized by the head of the Department of Natural benefit to the public and shall dispose of such lands tion of such lands, or it may take such other action or s. 15, ch 84-79.] Resources. pursuant to law. do such other things as may in its judgment be neces- (3) The Department of Natural Resources is di- (a) No later than July 1, 1984, and at least every sary for the full protection and conservation of such 253.77 State lands; state agency authoriza- rected to grant to the Federal Government a perpertu- 5 years thereafter, in a form and manner prescribed lands; and the state may join with the board in any tion for use prohibited without consent of agen- al easement for flooding in all lands which are associ- by rule by the board, each state agency shall indicate action or suit, or take part in any proceeding, when it cy in which title vested.- ated with the Cross Florida Barge Canal Project from to the board those lands which the agency manages may deem necessary, in the name of this state (1) No person may commence any excavation, the Eureka Lock and Dam site to the St. Johns River which are not being used for the purpose for which through the Department of Legal Affairs. construction, or other activity involving the use of and to which the department has retained or ac- they were originally leased. Such lands shall be re- (2) In lieu of seeking monetary damages pursuant sovereign or other lands of the state, the title to quired fee title. The department is further directed viewed by the Land Management Advisory Commit- to subsection (1) against any person or the agent of which is vested in the Board of Trustees of the Inter- to assign to the Federal Government any and all tee for its recommendation as to whether such lands any person who has been found to have willfully nal Improvement Trust Fund or the Department of easements for flooding which the state may hold or shall be disposed of by the board. damaged lands of the state, the ownership or bounda- Natural Resources under this chapter, until such per- acquire on lands associated with the Cross Florida (b) Lands owned by the board which are not ac- ries of which have been established by the state, or son has received from the Board of Trustees of the Barge Canal Project from the Eureka Lock and Dam tively managed by any state agency or for which a willfully damaged or removed products thereof in vi- Internal Improvement Trust Fund the required lease, site to the St. Johns River. land-management plan has not been completed pur- olation of state or federal law or to have knowingly license, easement, or other form of consent authoriz- (4) The Governor and Cabinet as the head of the suant to subsection (4) shall be reviewed by the Land refused to comply with or willfully violated the provi- ing the proposed use. Department of Natural Resources are empowered Management Advisory Committee for its recommen- sions of this chapter, the board may impose a fine for (2) The permitting agency shall, within 30 days and authorized to acquire by purchase, exchange of dation as to whether such lands shall be disposed of each offense in an amount up to $10,000 to be fixed after receipt of a permit application, notify the appli- other state lands, or the exercise of the power of emi- by the board. by rule and imposed and collected by the board in ac- cant and the executive director of the Department of nent domain the fee title to lands acquired in less- (c) In reviewing lands owned by the board pursu- cordance with the provisions of chapter 120. Each Natural Resources or his designee that a lease, li- than-fee title along the canal route within the area ant to paragraphs (a) and (b), the Land Management day during any portion of which such violation occurs cense, easement, or other form of consent of the described in subsection (2). The Legislature finds Advisory Committee shall consider whether such constitutes a separate offense. This subsecion does Board of Trustees of the Internal Improvement that such exercise of the power of eminent domain to lands would be more appropriately owned or man- not apply to any act or omission which is currently Trust Fund authorizing the proposed use may be re- accomplish the purposes of this section is necessary aged by the county or other unit of local government subject to litigation wherein the state or any agency quired. However, this subsection does not apply to and for a public purpose. Such power of eminent do- in which the land is located. The committee shall rec- of the state is a party as of October 1, 1984, or to any any permit, license, or other form of consent to take main shall be exercized pursuant to the provisions of ommend to the board whether a sale, lease, or other person who holds such lands under color of title. the regulated action which was issued and outstand- chapter 73. conveyance to a local government would be in the Nothing contained herein impairs the rights of any ing on July 1, 1980. (5) Lands Transferred pursuant to this section by best interests of the state and local government. The person to obtain a judicial determination in a court of (3) This act does not apply to any permit, license, by Department of Natural Resources may reserve provisions of this paragraph in no way limit the pro- competent jurisdiction of such persons interest in or other form of consent to take the regulated action existing road right-of-way. visions of s. 253.111 and 253.115 lands that are the subject of a claim or proceeding by which was issued and outstanding on June 23, 1976. History-s.2 ch. 79-167; as. 1. 8. ch. 84-287 (d) After reviewing the recommendations of the the department under this subsection. History-s. 1. 2. ch. 76-245; s. 11, ch. 80-68; s 12, ch 84-79 Note-Effective only upon deauthorization of the Cross Florida Barge Canal Land Management Advisory Committee, the board (3) Whenever any person or the agent of any per- 253.781 Retention of state-owned lands in Project by the United States Congress on the effective date of such deauthor- shall determine whether lands identified in para- son knowingly refuses to comply with or willfully vio- the Oklwaha River and Valley; transfer to the ization by the United States Congress. graphs (a) and (b) shall be held for other public pur- lates any of the provisions of the chapter so that Federal Government for inclusion in Ocala Na- 253.782 Retention of State-owned lands in poses or whether such lands are of no benefit to the such person causes damage to the lands of the state tional Forest.- and around Lake Rousseau and the Cross Flori- public. The board may require an agency to release or products thereof, including removal of those prod- (1) It is the intent of the Legislature to conserve da Barge Canal right-of-way from Lake Rous- its interest in such lands. Lands determined to be of ucts, such violator is liable for such damage. Whenev- and protect the natural resources and scenic beauty seau west to the Withlacoochee River. no benefit to the public shall be disposed of pursuant er two or more persons or their agents cause damage, of the Oklawaha River and Valley bounding the (1) It is the intent of the Legislature to conserve, to law. The proceeds from the disposal of such lands and if such damgage is indivisible, each violator is Ocala National Forest in Putnam and Marion Coun- protect, and maintain the natural resources, recre- shall be placed in the Conservation and Recreation jointly and severally liable for such damage: however, ties. It is the finding of the Legislature that said Ok- ational values, and water management capabilites of Lands Trust Fund. if such damage is divisible and may be attributed to lawaha River and Valley bounding the Ocala Nation- Lake Rousseau and the Withlacoochee River. It is (6) This section shall not be construed so as to af- a particular violator or violators, each violator is lia- al Forest are areas containing and having a signifi- finding of the Legislature that said lands and water fect: ble only for that damage and subject to the fine at- cant impact upon environmental and recreational re- are areas containing and having a significant impact (a) Other provisions of the chapter relating to tributable to his violation. sources of statewide importance and that public own- on environmental and recreational resources of state oil, gas, or mineral resources. (4) All fines imposed hereunder and damages ership of and access to such areas are necessary and wide importance and that public ownership of (b) The exclusive use of state-owned land subject awarded are a lien upon the real and personal proper- desirable to protect the health, welfare, safety, and access to such area are necessary and desirable to to a lease authorized and executed by the Board of ty of the violator or violators, enforceable by the De- quality of life of the residents of this state and to im- protect the health, welfare, safety, and quality of life Trustees of the Internal Improvement Trust Fund partment of Natural Resources as are statutory liens plement s. 7, Art.II of the State Constitution. It is of the residents of the state and to implement s. 7, leasing state-owned land for private uses and pur- under chapter 85. further the finding of the Legislature that retention Art. II of the State Constitution. It is further the poses. (5) All moneys collected pursuant to fines im- of ownership and control by the Federal Govern- finding of the Legislature that retention of ownership (c) Sovereignty lands not leased for private uses posed or damages awarded shall be deposited into ment as part of the Ocala National Forest will prop- and control of said land by the state will properly and purposes. the Internal Improvement Trust Fund created by s. erly protect and conserve the natural resources and protect and conserve the natural resources of Florida, History- 2.ch.80-90,167.ch.61-259,s.i.ch.82 36 3.ch.83-223 253.01 and used for the purposes defined in that sec- scenic beauty of Florida, enhance recreational oppor- enhance recreational opportunities, and be in the 2 ch. 84-94 ch 84-197 tion. tunities, and be in the public interest. public interest. Note-Repeated effective October1.1990 by a 2 ch.84-94 and scheduled History-s.2.ch.15642.1931:CGL1936Supp1446 61 s 61 1 cb 25035 (2) The Department of Natural resources is au- (2) The Department of Natural Resources is au- Review pursuant in a 11611 in advance of that date. 1949 s.2.ch.81-119 s 11,27,35 ch. 63-106 s.11 ch.84-79 thorized and directed to transfer ownership of all thorized and directed to retain ownership of and cf-a 159.705 leases to research and development authorities. 253.123 Restrictions on filling land and lands or interests in lands previously owned by the maintain all lands or interests in land owned by the 253.04 Duty of board to protect, etc., state dredging.[Repealed by s. 15, ch. 84-79.] canal authority contained within the existing bound- Board of Trustees of the Internal Improvement lands; state may join in any action brought. ary of the Ocala National Forest and any extension of Trust Fund including all fee and less-than-fee inter- (1) The Board of Trustees of the Internal Im- 253.124 Application for filling land. -[re- the boundary of the Ocala National Forest in Put- estes in lands previously owned by the canal authority provement Trust Fund may police; protect; conserve; pealed by s. 15, ch. 84-79.] nam County to the United States Department of Ag- in Lake Rousseau and the Cross Florida Barge Canal improve; and prevent trespass, damage, or depreda- riculture for the purpose of inclusion in the Ocala right-of-way from Lake Rousseau at U.S. Highway 41 tion upon the lands and the products thereof, on or 253.1245 Consideration by local govern- National Forest. The Department of Natural Re- west to and including the Withlacoochee River. under the same, owned by the state as set forth in s. ment.-[Repealed by s. 15, ch. 84-79.] sources shall make such conveyance for payment of (3) The Governor and Cabinet as head of the De- 253.03. The board may bring in the name of the no less than the fair market value for such lands as partment of Natural Resources are empowered, au- board all suits in ejectment, suits for damage, and thorized, and directed to acquire by purchase, ex- change of other state or the exercise of the 394 395 s 253.782 1981 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 253.783 power of eminent domain the fee title to any less-than fee interest in land owned by the Board of Trustees of the Internal Improvement Trust Fund, including interests previously owned by the canal authority, as described in subsection (2). The Legislture finds that such exercise of the power of eminent domain to accomplish the purposes of this section is necessary and for a public purpose. Such of eminent domain shall be exercised pursuant to the provisions of chapter 73. (4) The Department of Natural Resources shall recommend to the Governor and Cabinet the establishment of an interagency advisory committee to report to the department regarding restoration and management of the Withlacoochee River, with special emphasis on control of saltwater intrusion. History-s 3. ch. 79-167;s. 5. ch 84-287. Note.-Effective upon deautorization of the Cross Florida Barge Canal Project by the United States Congress on the effective date of such deauthorizaion by the United States Congress. 253.7829 Management plan for retention or disposition of Cross Florida Barge Canal lands; authority to manage lands until disposition and to dispose of surplus lands.-It is declared to be in the public interest that the Department of Natural Resources shall do and is hereby authorized to do any and all things and incur and pay from the Cross Florida Barge Canal Trust Fund, for the public purposes described herein, any and all expenses necessary, convenient, and proper to: (1) Develop a management plan for the retention or disposition of lands acquired for the Cross Florida Barge Canal to be submitted to the Legislature no later than 1 year from the deauthorization of the Cross Florida Barge Canal, which plan shall reflect a consideration of alternatives for disposition of all lands in fee or less than fee owned by the Board of Trustees of the internal Improvement Trust Fund, including those lands previously owned by the canal authority and the United States Army Corps of Engineers, from the North/South midsection line of sections 20 and 29, township 15 south, range 23 east, west to U.S. Highway 41, and the Cross Florida Barge Canal right-of-way from the Withlacoochee River west to the Gulf of Mexico. Such alternatives for disposition will include possible retention by any interested state agency for specific public purposes and a declaration of lands not to be retained as suplus lands to be disposed of pursuant to subsection (3) of this section and s. 253.783 (2)(c)-(f). The Management plan shall also address any remedial measures necessary to correct any environmental or economic damage caused by works constucted as a part of or as a result of the uncompleted sections of the Cross Florida Barge Central. (2) Operate and maintain existing lands and interests in lands, appartenaces, structures, and facilities until further disposition is directed by the Legislature pursuant to the management plan. (3) Offer any land declared to be surplus, at current appraised value, to the counties in which the surplus land lies, for acquisition for specific public aurposes. Any such sale price at current appraised value shall be charged against the dollar figure, including interest of the repayment to be made to that county. These offers will be valid for 6 calendar months from the date the management plan is adopted by the Legislature. History-s. 6. ch. 84-297. Note-Referrence to "subsection (3)" was subsaction by the editors for a referrences to "subsaction (4)" to correct an apparent error in a 5. ch. 34-287, Love of Florida. 253.783 Additional powers and duties of the Department of Natural resources. (1) The Department of Natural Resources shall make no further expenditures for the purpose of acquiring land for constructing, operating, or promoting a canal across the peninsula of Florida connecting the waters of the Atlantic Ocean with the waters of the Gulf of Mexico via the St. Johns River. (2) It is declared to be in the public interest that the department shall do and is hereby authorized to do any and all things and incur and pay from the Cross Florida Barge Canal Trust Fund, for the public purposes described herein, any and all expenses necessary, convenient, and proper to: (a) Develop a management plan for the retention or disposition of lands acquired for the Cross Florida Barge Canal to be submitted to the Legislature no later than 1 year from the deauthorization of the Cross Florida Barge Canal, which plan shall reflect a consideration of alternatives for disposition of all lands in fee or less than fee owned by the Board of Trustees of the Internal Improvement Trust Fund, including those lands previously owned by the canal authority and the United States Army Corps of Engineers, from the North/South midsection line of sections 20 and 29, township 15 south, range 23 east, west to U.S. Highway 41, and the Cross Florida Barge Canal right-of-way from the Withlacoochee River west to the Gulf of Mexico. Such alternatives for dispostition will include possible retention by any interested state agency for specific public purposes and a declaration of lands not to be retained as surplus lands to disposed of pursuant to paragraphs(c)-medical measures necessary to correct any environmental or economic damage caused by works constructed as a part of or as a result of the uncompleted sections of the Cross Florida Barge Canal. Operate and maintain existing lands and interests in lands, appurtenaces, structures, and facilities until further disposition is directed by the Legislature pursuant to the management plan. (c) Offer any land declared to be surplus land lies, for acquisition for specific public purposes. Any such sale price at current appraised value shall be charged against the dollar figuare, including interest, of tghe repayment to be made to that county. These offers will be valid for 6 calendar months from the date the management plan is adopted by the Legislature. (d) Extend the second right of refusal at current appraised value, to the original owner from whom the Canal Authority of the State of Florida or the United States Army Corps of Engineers acquired the land or his heirs. The department shall offer and is authorized to reconvey, for no consideration any donated land declared to be surplus and not sold pursuant to paragraph (c) to the original donor or his heirs These offers shall be made by public advertisement in not fewer than three newspapers of general circulation 396 s.255.45 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.258.39 ensuring that firesafety violations that are noted by otherwise interfere with the director or park officers 856, less, however. those lands and waters as de- Range 24 East; and in Sections 19,20,28,29,and 34 the State Fire Marshal pursuant to a. 633.085 are cor- in the performance of their lawful duties. scribed in a. 258.165. Township 46 South, Range 24 East, lying north and rected as soon as practicable for all state-owned History.-1,ch.70-106. a.8.ch.73-333; a.1.ch. 80-201; a.169,ch.81-259,- (12) North Fork, St. Lucie Aquatic Preserve, as east of Matanzas Pass Channel; and in Sections 19, property which is leased from the Department of a.9.ch. 83-157; a. 27,ch.83-258. described in the Official Records of Martin County in 30, and 31, Township 46 South, Range 25 East; and General Services. Note.-Former a.592.075 Book 337, pages 2159-2162, and in the Official Rec- in Sections 6,7,17,18,19,20,29,30,31, and 32, 258.031 Department of Transportation to ords of St. Lucie County in Book 201. pages 1676- Township 47 South, Range 25 East; and in Sections 255.451 Electronic firesafety and security assist division.-[ Repealed by a. 262, ch. 84-309.] 1679. 1,2,3,11,12,13,14,24, and 25, Township 47 South, system-The management responsilbility of the 258.39 Boundaries of preserves.- The sub- Range 24 East, in Lee County, Florida. Any and all electronic firesafety and security system located merged lands included within the boundaries of Nas- (13) Yellow River Marsh Aquatic Preserve, as de- submerged lands conveyed by the Trustees of the In- within the Capitol and any system associated there- decribed in the Official Records of Santa Rosa County ternal Improvement Trust Fund prior to October 12. with is vested in the Division of Building Construc- sau, in Book 206, pages 568-571. 1966, and any and all uplands now in private owner- tion and Property Management of the Department of (14) Fort Pickens State Park Aquatic Preserve, ship are specifically exempted from this preserve. General Services. Duval, St. Johns. Flagler, Volusia, Brevard,Indi- as described in the Official Records of Santa Rosa (29) Cape Haze Aquatic Preserve, the boundaries History-a.5.ch 54:143 of which are generally: That part of Gasparilla an River, St. Lucie, Charlotte, Pinellas, Martin, Palm Court in Book 220, pages 60-63, and in the Official Sound,Catfish Creek, Whiddon Creek, "The Cutoff," Beach, Broward, Dade, Monroe, Collier, Lee, Citrus, Records of Escambia County in Book 518. pages 659- Turtle Bay, and Charlotte Harbor lying within the Franklin, Gulf, Bay, Okaloosa, Santa Rosa, and Es. 662. following described limits: Northerly limits: Com- cambia Counties, as hereinafter described, with the (15) Rocky Bayou State Park Aquatic Preserve, mence at the northwest corner of Section 18, Town- exception of privately held submerged lands lying as described in the Official Records of Okaloosa ship 42 South, Range 21 East, thence south along the landward of established bulkheads and of privately County in Book 593, pages 742-745. west line of said Section 18 to its intersection with held submerged lands within Monroe County where (16) St. Andrews State Park Aquatic Preserve, as the Government Meander Line of 1843-1844, and the CHAPTER 258 the establishment of bulkhead lines is not required described in the Official Records of Bay County in point of beginning, thence southeasterly along said are hereby declared to be aquatic preserves. Such Book 379,pages 547-550. meander line to the northwesterly shoreline of Cat- aquatic preserve areas include: (17)St.Joseph Bay Aquatic Preserve, as de- fish Creek, thence northeasterly along said shoreline STATE PARKS AND PRESERVES (1) Fort Clinch State Park Aquatic Preserve, scribed in the Official Records of Gulf County in to the north line of said section 18, thence south along 258.024 Police powers of director and park officers as described in the Official Records of Nassau Coun- Book 46, pages 73-76. said east line, crossing an arm of said Catfish Creek 253.031 Department of Transportation to assist,di ty in Book 108, pages 343-346, and in Book 111, page (18) Apalachicola; Bay. Aquatic Preserve, as de- to the southerly shoreline of said creek, thence west- vision. 409. scribed in the Official Records of Gulf County in erly along said southerly shoreline and southerly 258.39 Boundaries of preserves. (2) Nassau River-St. Johns River Marshes Book,46, pages 77-81,and in the Official Records of along the easterly shoreline of Catfish creek to said 258.393 Terra Ceia Aquatic Preserve wastewater or, Aquatic Preserve, as discribed in the Official Rec- Franklincounty in Volume 98, pages 102-106. Government Meander Line, thence easterly and Re! 258.024 Police powers of director and park ords of Duval County in Volumn 3183, pages 547-552, southeasterly along said meander line to the norther- officers.- and in the Official Records of Nassau County in Book (1) The Governor and Cabinet as the head of the 108, pages 232-237. ly shoreline of Gasparilla sound in Section 21, Town- designate the director of the Division of Recreation (19) Alligator Harbor Aquatic Preserve, as de- ship 42 South, Range 21 East, thence easterly along and Parks. The director and such number of park of, scribed in the Official Records of Franklin County in said northerly shoreline and northeasterly along the (22) Pine Island Sound Aquatic Preserve, as de. shall be constituted police officers having the follow- Volume 98, pages 82-85. westerly shoreline of Whiddo Creek to the east west ing powers: (3) Pellicer Creek Aquatic Preserve, as described (20) St. Martins Marsh Aquatic Preserve, as de- 21 East, thence east along said quarter line and the scribed in the Official Records of Citrus County in quarter Section line of Section 15, Township 42 (a) To make arrests without warrant under cir- in the Official Records of St. Johns County in Book Book 276, pages 238-241. South, Range 21 East to the easterly shoreline of Flagler County in Book 33, pages 131-134. Whiddon Creek, thence southerly along said shore Whiddon Creek, thence southerly along said shore cumstances set forth in s. 901.15 only when the viola- (4) Tomoka Marsh Aquatic Preserve, as de- line to the northerly shoreline of "The Cutoff, tions occur upon lands under jurisdiction of the divi- scribed in the Official Records of Flagler County in thence easterly along said shoreline to the westerly sion and only if the director and the park officers Book 33, pages 135-138, and in the Official Records shoreline of Turtle Bay, thence northeasterly along are on temporary waiver as provided by a. 943.131 (5) Mosquito Lagoon Aquatic Preserve, as de- said shoreline to the east line of Section 12, until certified: however, such employees are not eligi- (21) Matlacha Pass Aquatic Preserve, as de- ble for membership in the Special Risk Class of the scribed in the Official Records of Lee County in Book Township 42 South, Range 21 East, thence north 800, pages 725-728. (b) To bear arms while in the performance of 648, pages 732-736. along the east line of said Section 12, and the east their official duties. line of Section 1, Township 42 South, Range 21 East to the northwest corner of Section 6, Township 42 (23) Cape Romano-Ten Thousand Island Aquat- South, Range 22 East, thence east along the north ic Preserve, as described in the Official Records of line and extension thereof of said Section 6 to a point Book 1244, pages 619-623, and in the Official Records ic, Preserve, as described in the Official R s of of Brevard County in Book 1143, pages 190-194. Collier County in Book 381, pages 298-301. 2,640 feet east of the westerly shoreline of Charlotte (6) Banana River Aquatic Preserve, as described (24) Lignumvitae Hey Aquatic Preserve, as de- Harbor and the end of the northerly limits. Easterly in the Official Records of Brevard County in Book scribed in the Official Records of Monroe County in limits: commence at the northwest corner of Section 1143 pages 195-198. Book 502, pages 139-142. 6, Township 42 South, Range 22 East, thence east (7) lndian River-Malabar to Sebastian Aquatic (25) Coupon Bight Aquatic Preserve, as de- along the north line of said Section 6 and extension Preserve, as described in the Official Records of Bre- scribed in the Official Records of Monroe County in thereof to a point 2,640 feet east of the westerly vard County in Book 1143, pages 199-202, and in the Book 502, pages 143-146. shoreline of Charlotte Harbor and the point of begin- Official Records of Indian River County in Book 368, (26) Lake Jackson Aquatic Preserve, as estab- ning, thence southerly along a line 2,640 feet easterly pages 5-8. lished by chapter 73-534, Laws of Florida, and de- of and parallel with the westerly shoreline of Char- (ic) To have the powers of search and seizure, as (8) Indian River-Vero Beach to Fort Pierce fined as authorized by Is. 253.151 or as otherwise au- lotte barbor and along extension of said set forth in s. 901.21. Aquatic Preserve, as described in the Official Rec- thorized by law. line to the line dividing Charlotte and Lee Counties (2) The park officers so designated as officers ords of Indian River County in Book 368, pages 9-12, (27) Pinellas County Aquatic Preserve, as estab- having the power to arrest shall: and in the Official Records of St. Lucie County in lished by chapter 72-663, Laws of Florida; Boca Ciega (a) Meet the requirements of the Criminal Jus- Book 187, pages 1083-1086. Aquatic Preserve, as established by a. 258.16; and the tice Standards and Training Commission; and (9) Jensen Beach to Jupiter Inlet Aquatic Pre- Biscayne Bay Aquatic Preserve. as established by a. (b) Be assigned to one regular duty station only serve, as described in the Official Records of St. Lu- 258.165. If any provision of this act is in conflict with and perform such services in addition to their other cie County in Book 218, pages 2865-2869. an aquatic preserve established by a. 258.16, chapter regular duties as park officers. (10) Lozahatchee River-Lake Worth Creek 72-663, Laws of Florida, or a. 258.165, the stronger (3) The Division of Recreation and Parks is not Aquatic Preserve, as described in the Official Rec- provision for the maintenance of the aquatic preserve authorized by this section to establish a special law ord 3 of Martin County in Book 320, pages 193-196, shall prevail. enforcement unit or division within that agency, and and in the Official Records of Palm Beach County in (28) Estero Bay Aquatic Preserve. the boundaries the park officers designated as having arrest powers Volume 1860, pages 806-809. of which are generally: All of those sovereignty sub- shall not be employed as a patrol to move from one (11) Biscayne Bay -Cape Florida to Monroe Coun- merged lands located bayward of the mean high- state park to another. ty Line Aquatic Preserve, as described in the Official water line being in Sections 13, 14, 15, 16, 17, 18, 21, (4) It's lawful for any person to resist arrest or Records of Dade County in Book 7055, pages 852- 22, 23, 24, 25, 26, 27, 35, and 36,Township 46 South, 402 403 0 &_Ly) 8 - .19 1984 SUPPLEMENT TO LORIDA STATUTES 1083 a.258.393 a.258.39 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 e.265.21 and the end of the easterly limits. Southerly limits: thence south 6tph degrees east along said boundary Eoint on a line connecting the westernmost tip of be reimbursed for travel and expenses incurred in t: Begin at the point of ending of the easterly limits. line 4,915.68 feet; thence north 291h degrees east nead Island (Manistee County) to the southernmost performance of their duties, as provided in a. 112.0f above described, said point being in the line dividing 15,516.5 feet to the meander line of the St. John's tip of Mullet Key (Pinellas County); thence run (a) Ifa member of the council is absentfrom t% Charhate and Lee Counties, thence southwesterly River; thence northerly along the meander line of the southeasterly slon amid Una to th westernmost tip consecutive meetings or any two regularly schedul, along a straight line to the most southerly point of St. John's River to the mouth of the Wekiva River; of Snead Island falso known aAmerson Pointh meetings in any calendar year, the council membe! Devil Fish Key, thence continue along said line to the thence southerly along the meander line of the thence run in a northeasterly direction along the appointment shall be terminated, unless the sect easterly right-of-way of the Intracoastal Waterway Wekiva River to the be inning; and meanh h- water line of Tema M, Terra Ceia Bay, tary determines that extenuating circumstances e and the end of the southerly limits. Westerly limits: (e) All state-ownel sovereignty lands, public Micel Way, Joe Be c , ist. and Bis op arbor to the point Begin at the point of ending of the southerly limits as lands, and lands whether public or private below the of I @nning, inclu ing tidal waters of all tributaries; (f) The secretary may remove any member fro described above. thence northerly along the easterly ordinary high-water mark of the Wekiva River and 1. Tvaely titled submerged lands and uplands. the council for misconduct or malfeasance in offic right-of-way line of the Intracoastal Waterway to its the Little Wekiva River and their tributaries within (2) as@ltewater or effluent discharge activities neglect of duty, incompetence, or permanent inab" intersection with a southerly extension of the west the Peter Miranda Grant lying east of the Wekiva from an existing stationary facility or existing ate- zjto there has been a River less the following: tionary installation which has been approved au- a u Ication that the member is guilty of a felony. line of Section 18, Township 42 South, Range 21 ciperform, official duties or if East, thence north along said line to point of begin- 1. 'State Road 46 and all land lying south of said ant to state law or federal low or for which faclityr, or (2) The duties of the council shall be to: ning. State Road No. 46. installation an application has been filed before June (a) Advise the Secretary of State in all matte (30) Wekiva River Aquatic Preserve, the bounds- 2. Beginning 15.56 chains West of the Southeast 24, 1984, are exempt from the requirements of this pertaining to art, specifically with respect to any pr ries of which axe generally-. All the state-owned sover- corner of the SW 1/4 of the NE 1/4 of Section 21, Town- chapter. amis operated by the department as authoriz, eignty lands lying waterward of the ordinary high- ship 19 South, Range 29 East, run east 600 feet; 1. ChL 84-311 Cleunder. W@Iter mark of the Wekiva River and the Little thence north 960 feet; thence west 340 feet to the (b) Stimulate and encourage throughout the ate IN ekiva River and their tributaries lying and being in Wekiva River; thence southwesterly along said the study and presentation of.the arts and public i Lake, Seminole, and Orange counties and more par- Wekiva River to point of be terest and partici i therein. Ifinning 4 augation ticularly described as follows: 3. That part of the east of the SW 1/4 of Section (c) Make surveys as may be advisable (a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29. 22. Township 19 South, Range 29 East, lying within CHAPTER 265 public and private institutions which are engag, and 30, Township 20 South, Range 29 East. These the Peter Miranda Grant east of the Weiiva River. within the state in artistic end cultural activitiei. sections are also depicted on the Forest City Quad- r-01) Rookery Bay Aquatic Preserve, the bounda. MEMORIALS, MUSEUMS, AND FINE ARTS (d) Encourage the participation in and ppreci rangle (U.S.G,S. 7.5 minute series-topographic) 1959. ries of which are generally: All of the state-owned 265.285 Florida Arts Council; membership, duties. tion of the arts to meet the needs and aspireations (70PR); and sovereipity lands lying waterward of the mean high- persons in all parts of the state. (b) In Sections 3, 4, 8, 9, and 10, To hi 20 water line in Rookery Bay and in Henderson Creek (a) Encourage public interest in the cultural he Ins IN 33 Florida Arts Council;- membership. South, Range 29 East and in Sections 21, 28, an . and the tributaries thereto in Collier County, Florida. 1265.285 tage of this state and expand the cultural resources Township 19 South, Range 29 East lying north of the Said lands are more particularly described as lying duties.- the state. right-of-way for the Atlantic Coast Line Railroad and and bei Sections 27, 34, 35, and 36, Township 50 (1)(a) The Florida Arts Council is created in the M Encourage and assist freedom of artistic c that part of Section 33, Township 19 South, Range 29 South, Ue 25 East; in Section 31, Township 50 department as an advisory body, as defined in a. pression essential for the well-being of the arti. East lying between the Lake and Orange County South, Range 26 East; in Sections 1, 2, 3. 10. 11, 12, 20-03M. to consist of 15 members appointed by the (g) Advise the Secretary of State in all matte lines'and the right-of-way of the Atlantic Coast Line 13, 14, 23. 24, and 25, Township 51 South, Range 25 Secretary of State. In makin& the appointments, the concerning the awarding of grants for the uts und Rail oad. These sections are also depicted on the East- and in Sections 5,6, 7,8, 9.10,15,16,17,18, 19, secretary shall give due consideration to geographical this act. Sanford SW Quadrangle (U.S.G.S. 7.5 minute series- 20, @6, and 31, Township 51 South, Range 26 East, representation so that every area of the state will (h) Promote the decoration and beautificat;on topographic) 1963 (70-1); and Collier County, Florida. have a voice on the council. The term of office of each the interiors of the Capitol Building and other pub (c) All state-owned sovereignty lands, public appointed member shall be 4 years; how-ever, of the buildings and advise appropriate state officer.,, ste lands, and lands whether public or private below the Any and all submerged lands theretofore conveyed members first appointed, three shall be appointed for agencies, and the Department of General Sen ices ordinary high-water mark of the Wekiva River and by the Trustees of the Internal Improvement Trust t:rms of I year, four for terms of 2 years, four for this regard. the Litile Wekiva and their tributaries within the Pe- Fund and any and all uplands now in private owner- t rms of 3 years, and four for terms of 4 years. No ap- Hi 1 1. 4. cIL W 319,. w 2. 4. 5. cb, si - 127; w 1. 4. 62 48; & 2. ter Miranda Grant in Lake County lying below the 10 ship are specifically exempted from this dedication. pointed member of the council who serves a full 4- N A. foot m.s.l. contour line nearest the meander line of - 1, @h 7, 5 - 1' .2. .. 1. 6. 7 6 - I C-9. @ 1, L 7 .6 211; . 84. d, 77,104; year term will be eligible for reappointment during a peald effmiv* Omber 1. IM, b, 1, cb. &2_46. @ -cded the Wekiva River and all state-owned sovereignty S. 63 U; , I. C, 14 112. I-year period following the expiration of his term. 'b""id r" "'- P-1 1 11411 i. d-- -f I lands. public lands, and lands whether public or pri- 253@151. F S '61. Any vacancy on the council shall be filled for the re- vate below the ordinary high-water mark of the mainder of the unexpired term in the same manner %'-'ekiva River and the Little Wekiva and their tribu- 258.393 Terra Ceia Aquatic Preserve as for the original appointment. taries within the Moses E. Levy Grant in Lake Coun- wastew ater or effluent discharge activities- (b) The members shall elect a chairman from ty below the 10 foot m.s.l. contour line nearest the (1) The following described area in Manatee their number annually. The council shall meet at the CHAPTER 266 meander lines of the Wekiva River and Black Water County is hereby designated by the Legislature for call of its chairman, at the request of a majority of its Creek as depicted on the PINE LAKES 1962 (70-1), inclusion in the aquatic preserve system under the membership, at the request of the department, or at HISTORIC PRESERVATION BOARDS ORANGE CITY 1964 00PR), SANFORD 1965 Florida Aquatic Preserve Act of 1975. Such area, to such times as may be prescribeo by its rules. (70-1), and SANFORD S.W. 1965 (70-1) QUADRAN- be known as the Terra Ceia Aquatic Preserve, shall (c) The secretary may appoint review panels rep- PARTI HISTORIC ST. AUGUSTINE GLES (U.S.G.S. 1.5 minute topographic); and be included in the aquatic preserve system and shall resenting various artistic disciplines to assist the PRESERVATION BOARD OF TRUSTEES (d) All state-owned sovereignty lands, public include the following described real property: Begin Florida Arts Council in the grant review process. Re- lands. and lands whether public or private below the at a point 165 feet north of the southwest corner of view panel members shall serve for I-year terms. PART 11 HISTORIC PENSACOLA ordinary high-water inark of the %%'eki%a River and the northwest qnarter of Section 12, Township 33 Each panel shall include practicing artists or other PRESERVATION BOARD OF TRUSTEES the Little Wv@iva River and their tributaries Iving South, Range 17 East, Manatee County, thence run persons actively involved in the specific discipline for below the 10 f I m.s.l. contour line nearest theme. west to the mean high-water line of Tampa Be)-. said which the panel is to review grants. The panels shall PART III HISTORIC TALLAHASSEE ander line of the Wekiva and St. John's Rivers as point being the point of beginning. From said point review grant applications and make recommenda- PRESERVATION BOARD OF TRUSTEES shown on the ORANGE CITY 1964 (70PR), SAN. of beginning, run northwesterly into the waters of tions to the council concerning the relative merits of FORD 196F, (70-1), and SANFORD S.W. 1965 (70-1) Tampa Bay and parallel to the Port Manatee ship the applicants. The division shall, by rule, establish PART IV HISTORIC KEY WEST (if iADRANC.I.FS (U.S.G.S. 7.5 minute tupugraphic) channel to the Manstee-Hillsborough county line; criteria for reviewing grant applications to ensure PRESERVATION BOARD OF TRUSTEES within the following described property: Beginning at thence run southwest along the Manatee- compliance with applicable federal and state laws re- a p@,int on the south boundary of the Moses E. Levy Hillsborough county line to its intersection With the lating to discrimination and conflicts of interest. PART V HISTORIC BOCA RATON Grant, Ttiwnihip 19 South, Range 29 East, at its in- Intracoastal Waterway; thence run south- (d) Members of the council and panels shall not PRESERVATION BOARD OF terzection with the meander line of the Wekiva River; southwesterly along the Intracoastal Waterway to a receive any compensation for their services, but shall COMMISSIONERS 404 405 F.S. 1983 LAND ACQUISITIONS FOR CONSERVATION OR RECREATION Ch.259 Ch. 259 LAND ACQUISITION FOR CONSERVATION OR RECREATION CHAPTER 259 consider and include in each report its assessment tions of the state land planning agency pursuant to a. LAND ACQUISITIONS FOR CONSERVATION OR RECREATION a project's ecological value, vulnerability,endanger- 380.05 (1)(a)relating to purchase of lands within the ment, ownership pattern, utilization, location, and proposedarea and shall make recommendations to the Game and Fresh Water Fish Commission, the di- whether to recommend for or against a purchase. the board with respect ot the purchase of the fee or 259.03 Definitions. ords Management of the Department of State, and any lesser interest in any lands situated in such area 259.04 Board; powers and duties. of critical state concern as environmentally endan- fairs or their respective designees. The chairmanship gered lands or outdoor recreation lands. The depart- 259.045 Purchase of lands in areas of Critical State of the Committee shall rotate annually in the forego- ment may make recommendations with respect to concern; recommendations by department ing order. The committee shall hold Periodic meet- 259.04 Board; powers and duties.- additional purchases which were not included in the 259.05 Issuance of bonds. ings at the request of the chairman. The Division of (1) For state capital projects selected for pur- state land planning agency recommendations. 259.06 Construction. State Lands shall provide primary staff support to chase pursuant to a. 259.035: 259.05 Issuance of bonds.- the committee and shall ensure that committee meet- (a) The board is given the responsibility, authori- (1) Upon request of the board, by appropriate 259.07 Public meetings. ings are electronically recorded. Such recordings shall ty, and power to develope and execute a comprehen- resolution, the Division of Bond Finance from time to 259.01 Short title.-This chapter shall be (2)(a) The committee shall, by the time of the sive plan to conserve a protect environmentally en- time, subject ot the debt limitation provided herein, known and may be cited as the Land Conservation dangered lands in this state. This plan shall be kept may issue bonds pledging the full faith and credit of Act of 1972. first board meeting in July of each year, establish or current through continual reevaluation and revision. the state as shall be nessary to provide sufficient update a list of acquisition projects selected for pur- (b) The board may enter into contracts with in- funds to achieve the purposes set out in such request. chase pursuant to this chapter or a. 253.023 and by (2) The issuance of such bonds to finance state government of the United States or any agency or in- capital projects for environmentally endangered -Pursuant to the provisions a.11(a) of Art. VII of year, establish or update a list of acquistion projects strumentality thereof; the state or any county, mu- lands or outdoor recreation lands is authorized in the chapter 375. The lists shall be mutually exclusive. or any private corporation, partnership, association, manner, and subject ot the limitations, provided by or person providing for or relating to the conserva- the State Bond Act, except as otherwise expressly Acquisition projects shall be ranked in order of prior- tion or protection of certain lands in accomplishing state in the principle amount, including any refinanci ity individually or in groups not to exceed 10 in num- the purposes or as. 259.01-259.06. provided herein. ing, not to exceed $200 million for state capital proj- ber. Each project on an acquisition list shall include (c) Within 45 days after the selection committee 259.06 Construction.- The provision of ects for environmentally endangered lands and $40 the best estimate of land value available to the de- submits either list of acquisition projects to the 259.01-259.06 shall be liberally construed in a man million for state capital projects for outdoor recre- partment, a boundary map and description. preac- board, the board shall approve, in whole or in part, ner to accomplish the purposes thereof. ation lands is hereby authorized, subject to the provi- quisition planning and budgeting. a preliminary the list of acquisition projects In the order of priority, sions of a. 259.01 259.06. statement of the extent and nature of public,use and 259.07 Public Meetings.-The Department of designation of a management agency or agencies. The designation of Natural Resources, before making recommendations to the board for the purchase of any environmentally extent practicable, projects on the list shall be ac- quired in ther approved order of priority. Division of State Lands shall prepare the information endangered land, shall hold a public meeting on the 239.03 Definitions- The following forms and required by this section for each acquisition project The board in authorized to acquire, by pur- proposed purchase of such land in the county where phrases when used in a. 259.01-259.06 shall have the selected for purchase pursuant to this chapter of a. chase, gift. or devise or otherwise. the fee title or any a major portion of such land is situated. At least 30 meaning ascribed to them in thin section.except 253.023. The Division of Recreation and Parks shall lesser interest of lands, water areas, and related re- days in advance of such public meetingn notice shall where the contest clearly indicates a different mean- prepare the information required by this section for sources sufficient to meet the purposes specified in a. be published in a newspaper of general circulation in ing: each acquisition project to be purchased pursuant to 259.03 (2) for environmentally endangered lands. the area where such land is located, indicating the (1) "Selection committee- means that committee chapter 375. (2) For state capital projects for outdoor recre- date, time, and place of such public meeting. A report established pursuant to a. 259.035 (b) An affirmative vote of four members of the ation lands. the provisions of chapter 375 and a. of the public meetng shall be submitted to the board (2) "State capital projects for environmentally committee shall be required in order to place a pro- 253.025 shall also apply. along with the recommendation for purchase of such required by a. 11(at of Act.VII of the State Constitu- twice the number of projects in terms of estimated 259.45 Purchase of lands in areas of criti- land. and protection of environmentally unique and irre- anticipated cost of each project shall include pro- cal state concern; recommendations by depart- placeable lands as valued ecological resources of this posed costs for development of the lands necessary to ment.- Within 45 days of the designation by the ad- state. meet the public purpose for which such lands are to ministration commission of an area as an area of crit- (3) State capital project for outdoor recreation be purchased. ical state concern under a. 380.05, the Department of lands means a state capital project, as required by a. (c) All proposals for acquisition projects pursuant Natural Resources shall consider the recommenda- 11 (a) of Art VII of the State Constitution, which to this chapter, chapter 375, or s. 253.023 shall origi- shall be for the Purposes set out in chapter 375. nate from the committee. The committee shall con- (4) "Board- means the Governor said Cabinet. as sider and evaluate in writing the merits and demerits the Board or Trustees of the Internal Improvement of each proposed Project submitted for acquisition Trust fund. and shall ensure that each proposed acquisition proj- (5) "Division" means the Division of Bond Fi- ect will meet a stated public purpose for the prser- nance of the Department of General Services, vation of environmentally endangered lands for the development of outdoor recreation lands, or as pro- vided in a. 253.023(3)(b) and shall determine whether 259.035 Selection committee: powers and each acquisition project conforms with the compre- duties.- hensive plan developed pursuant to a. 259.04 (1)(a). (1) There is created a selection committee to be the comprehensive outdoor recreation and conserva- composed of the secretary of the Department or En- tion plan developed pursuant to a. 375.021, and the state lands management plan adopted pursuant to a. Department of Natural Resources, the director of the 253.03(7). Copies of a written report on each project Division of Forestry of the Department of Agricul- evaluated or considered for aquisition shall be sub- ture and Consumer Services, the executive director of mitted to the board of trustees. The committee shall 1579 F.8. 1983 RECREATIONAL TRAILS SYSTEM Ch.260 Chapter 260 RECREATIONAL TRAILS SYSTEM 260.011 Short title and special districts of this state, is authorized to 260.012 Declaration of policy and legislative intent. spend public funds for such purposes and to accept 260.013 Definitions gifts and grants of funds, property, or property rights 260.014 Florida Recreational Trails System. from public or private sources to be used for such 260.015 Acquisition of land. purposes. 260.016 General powers of Division of Recreation (4) The provisions of a 375.251 relating ot the lia- and Parks. bility of persons making lands available for outdoor 260.017 Restrictions; rules recraational purposes shall be applicable to as. 260.018 Agency recognition. 260.011-260.018 260.011 Short title-Sections 260.011-260.018 ahall be known and may be cited as the "Florida Rec- 260.013 Definitons- As used in aa reational Trails Act of 1979 260.011-260.018, unless the context otherwise re- history quires. (1) "Recreational trails" means riding, hiking, ca- 260.012 Declaration of policy nad legisl- noeing, bicycling, or jogging trails for the use of the tive intent.- public. (1)In order to provide the public wiht access to (2) "Riders" and "riding" mean horseback riders the use, enjoyment, and apprecitation of the outdoor and horseback riding. areas of Florida, and in order to conserve, develop, (3) "Department" means the Department of Nat- and use the natural resources of this state for health- ural resources. ful and recreational purposes, it is declared to be the (4) "Division" means the Division of Recreation public policy of this state and teh purpose of aa. and Pards of the Departmetn of Natural Resources. 260.011-260.018 to provide the means and procedures for establishing and expanding a network of recre- 260.014 Florida Recreational Trails System. ational and scenic trails designated as teh "Florida Recreational Trails System." The standards by which (1) The Florida Recreational Trails System shall the trails system shall be administered, maintained, consist of individual trails and networks of trails des- used, nad expanded shall be consistent with the pro- ignated as a part of the Florida Recreational Trails visions of aa 260.011-260.018. It is the intent of the System by the department and administered in ac- Legislature that these recreational trails will serve to cordance with the rules published by the department. encourage horseback riding, hiking, bicycling, canoe- (2) Insofar as is practicalbe maps idicating the ing, and jogging and thereby Improve the health and location of Florida recreational trails shall be pub- welfare of the people. lished and distributed by teh division. The descrip- (2) It is the intent of the Legislature that recre- tion of canoe trails shall include a generalized map ational trails be established within and without delineating the water body or section therof desig- boundaries of state parks and state forests and, when nated locations of suitable launch and takeout sites. feasible to interconnect units of the spate park and as well as other points of interest to enhance the rec- forest system, as well as natural forests and parks reational opportunities of the public. and such locally maintained parks as may be appro- priate. It is also the intent of the Legislature to per- petuate the use of and provide access to regions and 260.015 Acquisitions of Land trails of special historic interest within the state; to (1) The division os authorized to acquire by gift or encourage teh multiple use of public rights-of-way purchase the fee title or any lesser interest in land. and use to the fullest extent existing and future sce- including easements, for the purposes of a nic roads, highways, park roads, parkways, and na 260.011-260.018 pursuant to the provisions of chapter tional recreational trails; to encourage the develop- 375,except that no power of eminent domain is con- ment of recreational trails by counties, cities, and veyed to the division byaa 260.011-260.018. special districts and to assist in such development by (2) Easements and rigghts-of-way upon, over, un- any means available; to coordinate recreational trail der, across, or along any land, the fee title of which plans and development by local governments with has been acquired for the purposes of a one another and with teh state government and Fed- 260.01-260.018, may be granted by teh division so eral Government; and to encourage whenever possi- interfere with the purposes of aa 260.001-260.18 ble, the development of recreational trails o federal (3) The division may trandfer any recreational lands by the Federal Government. trail of easement to a local governmental agency hav- (3) The planning, development, operation, and ing jurisdiction over the area in which the easement maintenance of the Florida Recreational Trails Sys- is located upon agreement by such local agency to tem authorized by aa 260.011-260.018 is declared to maintain and operate the recreational trail in a man- be a public purpose, and the Department of Natural ner consistent with departmetn rules, and the intent agencies of this state and all counties, municipalities, history ?(10;50" 108 I 1'1.(Iltll)A siATUTES 1983 a. 20-i'm 1984 SUPPLEM glil'i TO IF 8 1983 9. 280.02 LORIDA STATUTE such ternis and conditions as the board rinds in its CHAPTER 267 (3) The Florida State Museum may institute a (4) The Department of General Services shall best intere.l. with respect to the establishment, cut%- civil action in the appropriate circuit court for recov- adopt such rules as are necessary to carry out the m ruction, operation, and financing of the facilities of ARCHIVES, HISTORY, AND :ry of an olawfully taken vertebrate fossil. The fos- purposes of this section. the board in its respective county or counties. RECORDS MANAGEMENT 0 shall Morfeited to the state if the Florida State (5) The Department of General Services shall es- (12) To make and enter into all contracts or Museum shows, by the greater weight of the evi- tablish fees on all state-owned reserved parking agreements with private individuals, corporations, 267.0617 Historic Preservation Trust Fund. dence, that the fossil has been taken from a particu- spaces under the jurisdiction of the departmenL organizations, historical societies, and others with' Vertebrate paleontological sites and re- W site within this state and that the person found in (6) The Department of General Services shall reference to facilities and to enter into contracts and mains; legislative intent and state poli- possession of the fossil is not authorized by law to have the authority to remove or tow away, or cause to agreements, with or without competitive bidding as cy. possess such fossil. be removed or towed away, any wron Ily parked the board determines, which are necessary, expedi- 267.151 Program of vertebrate paleontology with- 11I.W.7- 2.6. 84 316. vehicle in any assigned or reserved Ving s&.ce ent, or incidental to the performance of its duties or in Florida State Museum. area under the control of the Department of e roarl the execution of its powers under this part. 267.152 Destruction, purchase, and We of verte- 267.153 Certain rights of mine or quarry op- Services throughout the state at the expense of the (13) To engage in any lawful business or activity brate fossils prohibited. exceptions; erators and dragline or heavy equipment opera- owner of the wrongfully parked vehicle. field investiFation permits required; tors preserved.-Nothing in so. 267.15-267.152 Lch. 7.0-249., I.ch.72-1244, ld@ SD =;. 1,6@ 64-IM deemed by it necessary or useful in the full exercise penalty for violation. shall infringe upon the right of a legitimate mine or of its powers to establish. finance, maintain, and Olt- 267.153 Certain rights of mine or quarry operators quarry operator to extract rock, gravel, fill, phos- erate the facilities contemplated by this part, includ- and dragline or heavy equipment oper- phate, or other minerals, or infringe upon the ritht of ing the renting or leasing for revenue of any land, im- ators preserved. ilar eavy proved or restored real estate. or personal property CHAPTER 280 directly related to carrying out the purposes for from con- 267.0617 Historic Preservation Trust Fund.- ations be- which the board is created. (1) There is hereby created within the Division of n of verte- SECURITY FOR PUBLIC DEPOSITS (14) To fix and collect charges for admission to Archives, History and Records Management of the any of the facilities operated and maintained by the Department of State the Historic Preservation Trust , Iftt.17- 2, h. 34-311L 290.02 Definitions, bowd under the provisions of this part and to adopt Fund, which shall consist of moneys appropriated by and enforce reasonable rules to govern the conduct of the Legislature, moneys deposited pursuant to 280.02 Dernitions.-As used in this chapter, the visiting public. 550 03(2)(1), and moneys contributed to the funsdi the term: (15) To borrow money for any of its authorized froi@ any other source. The fund shall be adminis- (1) 'Defaultorinsolveney'includes,withouthmi- purposes and for expenses incidental thereto, incl.ud- te,ed by the Department of State through the Divi- CHAPTER 272 tation, the failure or refu@al of a qualified public de- ing expenses incurred during the.period of organ'2a- sion of Archives, History, and Records Management I ory O'. II Po it to h ck or warrant drawn u Sri suf- c k selit kh '64 Yd= to aa@ urt er fib d @6 cti -de by y public depositor or tion,'res6ratio @n",@"and'c'o@n@t@t@r'ut'tion' pribi-fo Wtbe'ourobii 6f r CAP-ITO @CEWEFP, f i h - ani@ d' an is see . to return any deposit on demand or at maturity to. tion of the facilities of the board, and to issue nego- the f th' tion. tiable revenue certificates payable solely from revs- WurVe4alivision is authorized to conduct and car- 272.161 Rental of reserved parking spaces. ther with interest as agreed; the issuance of an or. 04 nue from the operation of such facilities and from au- ry out a program of historic preservation grants-in- Kr by any supervisory authority restrainin s h d posit guc e- thorized activities incidental thereto. aid, inclu ing matching grants, to any department or 272.161 Rental of reserved parking spaces.- pository from making payments of de bilities@ (16) To cooperate and coordinate all of its activi- agency of the state; any unit of county, municipal, or (1)(a) The Department of General Services ot y or the appointment of a receiver for such de tory. ties on a permissive basis through any statewide other local government; any corporation, partnership, assign a reserved parking space to any state emplo ay, (2) 'Eligible collateral' means securities r2sig- board. including the Division of Archives, History or other organization, whether public of pvate @r es, provider of essential services to the state, or state noted in as. 280.13 and 280.14. and Records Management of the Department of whether or not for profit; or any individua for proj- agency for reassignment to its employees. Any sta (3) 'Public deposit' means the moneys of the State, and to participate in any overall statewide ects having as their purpose the identification, acqui- agency assigned a reserved parking is ryace shall charge state or of any county, school district. communit) plan of historical development. sition, protection, preservation, rehabilitation, resto- theuserofsuchspaceafeemacco ancewithguide- college clistrict,=!al district, metropolitan toverr (17) To cooperate and coordinate its activities ration, or construction of historic sites and proper- lines established by the departmenL ment, or muni Ity, including agenclies, 08r with any national project of historical developm:nt ties, or the planning of any such activities. Funds ap- (b) Any state agency assigned a reserved parking bureaus, commissions. and institutions of ;-- - and to c'oordinate and cooperate with any other ag n. propriated from general revenue for the historic pres- space which is not rented for a period of 7 consecu- foregoing, or of any court, and includes the I:. cy, state, local, or national, undertaking historical ob- ervation frants-in-aid program shall not be provided tive days shall return such space to the department all county officers, including constitutional jectives, if the same are not in conflict ith the objec- for a project owned by private individuals or owned for reassignment. All state agencies assigned reserved that are placed on deposit in a bank or 6avingp tives of the board. The boards shall wriot be placed by for-profit corporations. All moneys received from parking spaces shall assure the timely payment of as- ation. within a division of the Department of State, but, ad- spy source as appropriations, deposits. or contribu. sessed rent to the department. (4) 'Public depositor' means the Treasurer or ministratively. shall be directly under the supervision tion- to this program shall be paid and credited to (c) Assignments of reserved parking spaces shall other chief financial officer or designee responsible of the Secretary of State. the Historic Preservation Trust Fund. be limited to the amount of available parking Linder for handling public deposits. i18) To research, prepare, publish, and procure Hi...,Y.- 3.,h_ -.8-357;. 1. b@ 31-126; . 170, dL WM, , 1.6. 84-248. the supervision of the department. A state agency, (5) 'Qualified public depository' means any bank books, reports, articles, pamphlets, brochures, docu- employee, or provider of essential services may re- or savings association organized and ex6ting under quest a reserved parking space in a manner pre- the laws of this state and any bank or savings associa. ments, maps, photographs, films, sound recordings, 267.15 Vertebrate paleontological sites and scribed by the department. tion organized under the laws of the United States and other products of a similar nature in fulfillment remains; legislative intent and state policy.- (2) All employee parking fees 9 all be payable by that has its principal place of business in this state or of its purpose and function for use by the board or for (1) It is the declared intention of the Legislature the payroll deduction plan, peri Itally according to has a branch office which is authorized under the a t use bv or distribution to any person or entity, public that vertebrate paleontological sites be protected and the employee's pay schedule, to the Department of laws of this state or of the United State receive or private, with or without charge or profit. Freserved and that, pursuant thereto, vertebrate pa- General Services or to the contracting agency. deposits in this state, that insists all of than .- 119) To perform all lawful acts necessary conve- , require nient. and incident to the effectuating of Us in,:t,.n etintological field investigation activities, including, (3) All fees collected by the Department of Gen- menta of this chapter, and that has been designated but not limited to, collection, excavation, salvage, eral Services under the provisions of this section shall by the Treasurer as a qualified public depository. and purpose. restoration. and cataloging of fossils, be discouraged be deposited in the Paid Parking Trust Fund, which (6) 'Required collateral' of a qualified public cle. .11. h @- '.W@ ., 1. ch, 62 44; .. 2. 6, 83-@65; . 14 h 84 46 ept when such activities are carried on in accord- is hereby created. The department shall account for d W-- O..b@ I, 19%, by 1. @h. 82-46, ;; -.dd by eic pository means eligible liateral having a value 2 'h M. -d h",@d G. -4. P.-I $I I i. d..-. -r o@t once with both the provisions and the spirit of this the revenues and expenditures related to the paid equal to 50 percent of th co d.. ic is average daily balance for act. However, it is not the intention of the Legisla- parking program in compliance with the provisions of each month of all publ deposits in excess of any ap- ture that the provisions of this act impede mining or a. 215-32(2)(b). The revenues collected from parking plicable deposit insurance held by such depository quarrying for rock. gravel, rill, phosphate, and other fees shall be used for the maintenance, minor con- during the 12 calendar th diately preced- minerals, or the construction of canals or s'n 'I r struction, enforcement, security, and administration ing the date of any such balance. cavations, when such activities are permitted by I of parking facilities and programs. However, in no case d collateral be 417 419 @Ild - 1984 SUPPLENIENTTO FLORIDA STATUTES 1983 s-288.03 9.288.03 1984 SUPPLEMENT TO FLORIDA SIATUTES 1983 9.289.063 til Jul, 1. 198 1. lipginning July 1, 1934, the Depart- vantages, and products of the state and all parts cal studies, scientific investigations. statistical to- to 25 percent of the annual budget of such division merit of lbighwaY SafetY and Motor Vehicles shall use thereof. search, and educational activities It 'a" useful offices. All payments from these funds im I hav lec" 8'reportirill sYstem approved by the division. The di- (6) Disseminate any such information pertaining for the proper execution of the po... .7 Oduties of or audit val from the office of the CUSOmpt.1-8.1te'r- vision shal ii.,.iiit the Department of Highway Safety to Florida by. the Division of Economic Development. (22) =grants of funds in accordance with" and %lotor Vehicles in develofing or implementing a (a) Preparing and circulating motion pictures. (14) Plan and develop an effective business Infor- section pursuant to appropriations for such grants T"rting system prior to Juy' 1. 1984, which shall (b) Preparing, purchasing, and distributing h motion service that will directly assist Florida indus- made by the Legislature. specifically address the needs and requirements of mail or other means of advertising, literature. an try and also encourage industries outside the state to (23) Notwithstanding the provisions of part I of the division and the Department of Highway Safety other material, including exhibits. use business facilities within the state. chapter 287, promulgate rules for the purpose of an. and Motor Vehicles. (c) Although not specifically detailed but never- (15) Compile, collect, and part dically make tering into contracts which are primarily for promo- It (9) To establish and operate central facilities to theless included in such media. promoting and en- available Scientific indexes an other orination re- tional and advertising services and promotional determine the mode of transportation to be used by f, and, if necessary, contributing to, the lating to current business conditions. events which may include commodities involving a state employees traveling on official state business and the holding of events and activities (16) Upon request of the Governor. inquire into service. Such rules sW include the authority to ne- and to schedule and coordinate use of state-owned or R@otate, including follow-up contacts by per- and report to hiza concerning any program of public gotiate costs with the offerors of such services and state-leased aircraft and passenger-carrying vehicles Sonnet of the division within or without the state state improvements and the finsticin therecif. commodities who have been determined to be quali- to assure maximum utilization of state aircraft. mo- which in the judgment of the division will beneficially (17) Advise, assist, and cooperate with municipal, fied on the basis of technical merit, creative ability. lot vehicles, and employee time by assuhrig that em- publicize the state in furtherance of the purposes, county, regional, metropolitan area, and other local and professional competency, ployees travel by the most practical and economical powers, and duties of the division as prescribed in larming and development agencies within the state (24) Provide and e for reasonable and nec- mode of travel. The division shall consider the num- this cha ter. In preparing plans and nograms for physical and esam items and serviiereantolir such necessary persons ber of employees making the trip to the same lora- (7) WnCourage and cooperate with other public economic development o sucn Areas. as the division deems proper in connection with the tion, the most efficient and economical means of and private organizations or groups in their efforts to (18) In accordance and compliance with any fed- grfc@rmance of promotional and other duties of the travel considering the time of the employee, trans- publicize the agricultural and industrial advantages :ral law or regulation now enacted or hereafter to be ivisian. portation cost and subsistence required, the urgency of the state. including the establishment of. and ex- nacted, act as the official agency of the state to work (25) Promote the establishment. preservation, of I he trip, and the nature and purpose of the trip. p@nditure for, a program of cooperative advertising with federal agencies in matters affecting any put- and expansion of small businesses by providing as- (10) To provide the Legislature annual reports at with such public and private 0 li"Itions or ot! pose as to which the Legislature has not designated sistance and information through programs designed the end of each calendar year ccincern@f the utilize- in accordance with rules promi=ed by the d vu'uon another state officer, board, bureau, commission, do- to achieve the" ON ti c 'v tion of all aircraft in the executive 0 and special Pursuant to chapter 120. partment. or agency in rotation thereto; state, region- (26) Promote e expansion of the motion Pic. purpose aircraft. (9) Plan and carry out programs designed to en- at, county, metropolitan area or municipal lannin . turs, television, end recordin industry by sponsoring 22, L 69-10k . I..k 1. cb. 72-207; 3. d@ r.. large and improve trade with other states and with planning or construction of public works. ur recle- and contracting for technic training programs with 112, 1. cb.'r-3%:, 3. di, 53-UM: & 1, c1L 84-2" fore) d articularly with countries in velopment, and other matters concerning a acquisi- educational institutions in this state. However, any T.) countries, an p the stern Hemisphere. tion, planning, construction, dMIGPInent, fin ci eement entered into pursuant to such a contract (9) Study trends and developments in the indus- control, improvement, or distribution of land 9, b it X11 require the educational institution to provide tries of the state and analyze the reasons underlying trip, structures, facilities, goods or services in the in - the division with quarterly nogress reports and a fi. such trends; study current business activities in the terest of the public, to' ublic urposes, or involv- nal rep rt. Further, any suic E agreement Shall reqj!re or ' 0 CHAPTER 288 state, with emphasis to be placed on major changes in Ing the expenditure of publii. fianit, and act as the of- that all records, including records of all paymejas employment by industrial classification. changes in ficial agency of the state in connection with the front made by the educational institution in connectian COMMERCIAL DEVELOPMENT AND the number of establishments, and changes in sales or advance of any federal or other funds or credits to with such technical training programs, be retained CAPITAL IMPROVEMENTS volume; study employment trends by standard in- the late or through the state to its local Ming and maintained by the educational institution in ac-. dustriall classification and geographic distribution in bodies. in compliance with any such federafoles. cordance with accepted governmental account 'ng 288.03 Powers and duties of division. manufacturing and any other industries pertinent to (19) Accept and expend any gift orfrant of mon. principles and practices and be subject to periodic fl- 288.063 Contracts for transportation projects. made to the division for any or all o the purposes nancial audit. Payment of travel expenses pursuant I the economic development program of the state and ey 2S8.385 Internationa currency and batter ex- monitor manufacturing companies of 100 employefs ape ified in this section, to such contracts shall be made in accordance with 9. changes. or more to determine trends or patterns of changes in (20) Charge and collect registration fees at any 288.011. Such contracts may provide for the advanc - 288.39 Assistance to small businesses. new establishments, establishments halting opera- conference, seminar, or other meeting conducted in merit of funds by the division to the educationai in- tions, and major employment expansions or layoffs; furtherance of the duties, powers, and p cis f stitutions, if appropriate. The division shall seel@ thiv 288.03 Powers and duties of division.-The investigate significant issues pertaining to barriers to the division. Such fees shall be deposited in a State recommendation of the Motion Picture. Televwon. general purposes of the Division of Economic Devel- the free and advantageous flow of commerce, restric- Treasury and restored to the expense appr Illation and Recording Industry Advisory Council. etaU- opment of the Department of Commerce shall be to tions and burdens imposed by law or otherwise which of the division and shall be disbursed exclu vely 'or lished pursuant to a. 20.17(3)(a). prior to selecticin of guide, stimulate, and promote the coordinated, effi- retard or adversely affect the legitimate expansion the reasonable and necessary expenses of 'cuifeir. any contractor educational institution. cient, and beneficial development of the state and its and development of commerce and industry, and ence, seminar, or meeting for which they w collect. -1- 1. 3 - 6.1 regions, counties, and municipalities in accordance costs and other facts affecting successful operation of ed. Any funds collected pursuant to this subsection .1. with present and future n ich remain unexpended after the expenses of the h. 76,202, b. I CbL I.C . 1. @h. S_ 1.4. 1, @h. 7S-? 1, eeds and resources and the business within the state-, and make an annual report wh 'b' Wise, d' Sa-224; 60-374- 2. 1, 8 1 160. IL 51 - 1* - requirements of the prosperity, convenience, comfort, by January 15 to the Governor and to the Legislature conference, seminar, or meeting have been paid Shall 2. cl, 04-M. health, safety, and general welfare of the people of of the findings of the foregoing studies and investiga- be deposited into the General Revenue Viand, unallo- the state. For the accomplishment of such purposes, tions with a list of policy alternatives, when indicat- cated. 288.063 Contracts for transportation proj- the division shall have the power and authority to ed. (21) Subject to the concurrence of the Treasurer. sets.- make expenditures for and to: (10) Encourage research designed to further new deposit sufficient state funds in a foreign bank, or (1) The Division of Economic Development is au. (1) Create and build Florida industries. and more extensive uses of the natural and other re- purchase foreign currency at the current market rate, thorized to make expenditures and enter into con- (2) Promote commerce and the sale of Florida sources of the state, with a view to the development for the purpose of paying for salaries, expenses, pro. tracts for direct costs of transportation projects with products. of new products and industrial processes. motional activities, and other services and material the appropriate governmental body. (3) Encourage employment for Florida citizens. (11) Promote and encourage the expansion and tendered in connection with the operation of division (2) Any contract with a governmental body for (4) Raise the earning level of Florida's citizens. development of markets for Florida products. offices outside the United States or in the conduct of construction of any transportation project, executed (5) In order to promote and develop business, ag- (12) Serve as a clearinghouse for research, plan- any statutory duties by the division outside the Unit- by the Division of Economic Development, shall: riculture, industry, commerce, and employment for ning. and programs to relieve the industrial problems ed States. The amount of state funds deposited in (a) Specify and identify the transportation proj- citizens of the state, plan and conduct a campaign of of the state. any foreign bank, or the amount of foreign currency ect to be constructed, under construction. or which information, advertising, and publicity relating to the (13) Investigate and study conditions affecting bought, for the operation of any single office, or any was constructed after July 1,. 1980, for a new or ex- U%t OP 91 the ere business, industrial, commercial, agricultural, educa- Florida business, industry, and commerce; collect division promotional activity, outside the United pending business. tional, transportation, and residential facilities, ad- and dis4eininate information; and encourage techni- Stutes shall not exceed at any time an amount equal (b) Effective December 1. 1981, require that the 432 p. 28A.0113 a.288.383 P.288.3815 1984 SUPPLEMENT TO FLORIDA STA,rUTES. 1983 s-288.39 appropriate governmental body award the construe- 288.385 International currency and barter constitution and bylaws of the exchange based upon transacting business through the exchange. The tit-n (if the 1)"rticular transportation project to the excbanges@ a finding that they describe the types of activity and amount of the security bond shall be determined by l..%v.t still best bidder in accordance with applicable (1) There may be created one or more interne- transactions that the exchange will conduct. that the Comptroller by rule. The security bond shaU be state and federal statutes or regulations when the tional currency and barter exchanges, with one or such business activities do not violate state or federal in a form acceptable to the Comptroller, and the construction c,,-,t exceeds $50.0W, not inclusive of lo- more offices each, upon a determination by the secre- low, that the form of the business organization of the surety for the bond shall be a surety company autho. cal in-kind costs. If no bids sure received, the work Lary of the Department of Commerce that each such exchange complies with statutory requirements, and rized to do business in this state. In lieu of the securi- may be performed by the appropriate governmental exchange can operate in an economic and beneficial that the interest of the members of the exchan a d ty bond, the Comptroller may re3uire another form manner. This determination .1. an b,;dy. shall be based on the re- its customers will be adequately protec The of protection or insurance, provi ed the amount of (c) Require that the appropriate governmental suits Of a feasibility study concerning the possible Comptroller shall have 30 days within which to ap- such protection or insurance does not exceed the prove or reject the constitution and bylaws. The b,,dy provide the division with quarterly progress re- structure. operation, scope of activities and transac- amount imposed for a security bond. Nothing in this p,ru. Each quarterly progress report shall contain a tions. and regulation of each such exchange, which Comptroller shall work closely with the committee on section prohibits any transacting person or entity parrative description of the work completed accord- studyeshal be carried out under the supervision of the development of the constitution and bylaws of from reaching an agreement with a member of the ex- it.! to the project schedule, a description of any the se retary of the Department of Commerce. Noth- the exchange. The Comptroller shall have the author- change, as a matter of contract, for the posting of ad- chnnge orders executed by the appropriate govern- ing in this section, however, shall be construed to re- ity to promulgate rules allowing for review of recom- ditional security or protection. mentdl body, and a budget summarly detailing quire the expenditure of state funds for the purpose mendations made from time to time by the commit- (10) The Comptroller may by rule establish limi. planned expenditures versus actual expenditures. of conducting any such feasibility study. For the pur- tee. tations on investments in members of the exchange Records of all progress payments made for work in poses of this section, the term -exchange" applies to (6) The exchange shall have full authQrity to by any person or company, which limitations are con- connection with such transportation projects, and any such international currency and barter exchange function 60 days after its constitution and bylaws sistent with the public interest and the efficient func- any charge orders executed by the appropriate gov- proposed or created under this section. have been approved by the Comptroller. The initial tioning of the exchange. ernmcntal body and payments made pursuant to (2) The initial central office of the first exchange board of governors of the exchange shall consist of (11) The exchange or any member thereof shall such ,rdes, shall be maintained by that governmen- shall b.e located in Dade County. This exchange may the members of the committee, who shall serve until reimburse the Comptroller for the actual costs in- Lai b,,dv in accordance with accepted governmental enter into cooperati workin gements with the first election of the board of governors b curred by the Comptroller in connection with the Exc ve % arran y the the Insurance hange of a Americas or the members of the exchange pursuant to'the constitu- regulation and supervision of the exchange. The accounting principles and practices and shall be sub- Greater Miami Foreign Trade Zone. Such coopera- tion and bylaws. In the event that the constitution Comptroller shall adopt rules specifying the proce- ject to financial audit as required by law. In addition, tive arrangernenta may include, but need not be lim- and bylaws are diragroved by the Comptroller, the dure for reimbursemenL As used in this section, the the appropriate governmenW body, upon completion ited to, the sharing of physical facilities, personnel, committee, in consu tation with the Comptroller, term "actual costs' means all direct and indirect costs and acceptance of the tran@portatiora project, shall and information. The initial exchange may relocate shall have 60 days from the date of such disapproval and expenses incurred by the Comptroller in connec- make certification to the division that the project hits its entral office and may establish additional offices within which to submit an alternative constitution tion with the regulation and supervision of the ex- been completed in compliance sith the terms and ' -c ided in subsection (3). This section shall not and bylaws. The Comptroller shall have 30 days change, mcludinq general administrative costs, travel as prov conditions ofthe contract" agreements between the be construed, to prohibit the. formation of other ex- within which to approve or reject the alternative con- expenses, and salaries involved in the regulation and d -thes;ipr6prWe,g6veimmirti u M , -The Cpmotriallei@rday ivilibri.anil -q,6ody.and h es if-the initial ixd@dmgi lo&ted-in,Dadi :'stitutidrv'bdd Vyldwi@ a pe ti h'ot'tfii eichar;ge.' `ni@i6'minimum construction stanclaid! - ' 'g s eitibliAed' ty is not created by October 1. 1987. (7) The constitution and bylaws of the exchange require the ex!,hnanje or any members to pay interim in accordance with s. 336.045. (3) Each exchange created under this section may shall include provision that:- asse . a e to estimated final assessments. fd@ Require that the Division of Economic Devel- locate its central office in any area of the state and (a) There benofewerthan9ormorethan 15tov- (12) The state securities laws and rules apply to upment transfer funds for each transportation proj- may have additional offices around the state as it ernors of the exchange, at least one-third of w om the exchange and to its members. e t to the designated governmental body when the deems necessary. The Comptroller shall determine may not be members of the exchange. (13) The exchange formed under the provision,; contract or agreement is esecuted by the division. whether such central office locations or such addi- (b) The principal offices of the exchange and the of this section shall not be subject to any state or lo- (e) Require that the governing bowd of the ap- tional offices will be in the public interest. principal offices of its members be located within this cal taxes or fees which are measured by mco e, propriste local governmental body agree by resolu- (4) The purpose of the exchange is to provide a state for the purpose of conducting the type of busi- transaction amounts, or gross receipts, nor shall smuch ;o-i to accept future maintenance and other atten- marketplace for the net)tiation, arrangement, ex- ness described in subsection (4). exchange be required to report in respect to such in- dant costs occurring after completion of the transpor- change, sale, purchase, rokerage, syndication, un- (c) All members and applicants for membership come or transactions under state law and local law. Lation project if the project is construction an a coun- derwriting, and all activities incidental thereto, of on the exchange submit all financial information res. Nothing in this subsection shall be constxued to give ty or municipal system. foreign currency and exchange, and of services, sonably required by the Comptroller. :ny member of the exchange any tax exemption. The (3) With respect to any contract executed pursu- goods, commodities, raw materials, and interests (d) The exchange adopt rules including., but not xemption granted by this subsection does not apply ant to this section, the term "transportation project* therein, in an institutionalized and, to the maximum limited to, requirements prescribing eligibility for to any tax imposed under part 11 of chapt er means a road as defined in s. 334.03(17) which is nec- extent possible, self-regulated fashion. membership and the voting power, duties, and rights under chapter 220. essary in the judgment of the Division of Economic (5) Within 30 days following a determination by to participate in the conduct and management of the (14) The Comptroller may adopt teasonabl. Development to facilitate the economic development the secretary of the Department of Commerce that affairs of the exchange by the members thereof, such necessary to implement this section. and growth of the state. the exchange could operate in an economic and bene- rights and duties to include the manner and form of Hkatary- 1. ck 84-61. (41 The Division of Economic Development shall ficial manner, a committee shall be appointed to conducting business, financial stability requirements, promulgate rules pursuant to chapter 120 setting write the constitution and bylaws of the exchange. dues, membership fees. and resolution of dispute 288-39 Assistance to small businesses- forth the criteria by which transportation project& The committee shall consist of 15 members, 11 to be mechanisms and all other matters necessary or sp- (1) SHORT TITLE.-This section may be cited are to be specified and identified. appointed by the Governor, 2 to be appointed by the propriate to conduct any business permiVed by this as the 'Small Business Assistance AcL" 15) No project that has not been specified and President of the Senate, and 2 to be appointed by the section. (2) LEGISLATIVE PURPOSE.-The purpose of identified by the division in accordance with subsec- Speaker of the House of Representatives. A chairman (e) An election to the board of governors of the this section is to promote the establishment, preser- tion (4) prior to the initiation of construction shall be shall be elected from the members of the committee exchange by the member& of the exchange be held vation. and strengthening of small businesses in this eligible for funding after December 1. 1981. by a majority of the committee. The committee shall once every 2 years, with those persons receiving the state by: (6) The Department of Transportation shall be submit the proposed constitution, bylaws. and other greatest number of votes cast being elected thereto. (a) Promoting and coordinating activities of fed- the contracting agency when the project is on the recommendations to the Comptroller for approval no (8) Any amendments to the constitution and by- eral, state, and local governments and of business Late highway system. In addition, upon request by later than 90 days following the First meeting of the laws shall be subject to the approval of the Comptrol- and trade associations, universities, foundations, pro- the appropriate governmental body, the department committee. In reviewing the constitution and the by- ler. fessional organizations, and similar groups. which ac- may advise and assist it or plan and construct other laws Of the exchange, as well as any Other recommen- (9) The Comptroller shall require each member tivities are of benefit to small businesses. such transportation projects for it. dtitions made to the Comptroller by, the committee, of the exchange who holds custody of any funds or (b) Providing technical and managerial assist- G) Notwithstanding the provisions of a. 216-301, the Comptroller shall consider whether such consti- property belonging to any person or entity, other ance to small businesses. funds appropriated for this purpose shall not be sub- tution, bylaws, and recommendations are consistent than a member, which person or entity is transacting (c) Encouraging state agencies and persons under ject to reversion. with the public interest and the efficient functioning business through the exchange, to post a security contract with state agencies to contract with small Kwwryjo@w.. 1,a, 91 17L. J.h.84-294;.ZK,h 54 3.19 of the exchange. The Comptroller shall approve the bond for the protection of all such persons or entities businesses for commodities a d 'ce5. 433 1 434 SUPPLEMENT TO FLORIDA STATUTES 1983 288.39 (3)DUTIES OF THE DIVISION OF ECONOM- enterprise zones in this state that are available to IC DEVELOPMENT OF THE DEPARTMENT OF small businesses from the department and its agents; COMMERCE- The Division of Economic Develop- the number and types of businesses which have re- ment of the Department of Commerce shall establish quested assistance, counseling, and information re- and admisister programs to: garding incentives and programs avaliable in enter- (a) Provide a system for the development, collec- prise zones in this state, whether or not the assist- tion, summarization, and dissemination of informa- ance, counseling, or information requested was pro- tion helpful to any person in establishing or operat- vided, and if such assistance, counseling, or informa- ing a small business, including information on: tion requested was provided, the nature of the assis- 1. Identification and development of new busi- ance of the number of businesses assisted or counseled ness opportunities. age of the number of bisinesses assisted or counseled 2. Feasiblity studies. regarding the enerprise zone incentives and pro- 3. Market research. grams represents to the total number of amall busi- 4. The operation, management, and financing of nesses in the state. small businesses. (d)The activity of the certified development cor- 5. Programs of federal, state, and local govern- poration to which the divison provided assistance in mental agencies which benefit small businesses. the past year, includng, without limitations, the num- 6. The incentives and programs listed on a ber of loans made by such corporation to small busi- 290.007 which are availbale in enterprise zones in this nesses; teh total amount of loans made by such cor- state. poration to small businesse; the number of jobs cre- (b) Assist and counsel small businesses on: ated or preserved by small businesses whic received 1. How to deal with federal, state, or local govern- loans from such corporation; the total cost of the as- mental agencies. sistance provided to such corporation; and the 2. How to meet federal, state, or local regulation. amount of any reimbursement for the assistance and 3. Policies of federal,state, and local govern- sipport reveived by teh division from such corpora- ments relating to procurement and disposal of gov- tion. ernment property and government contracts. (e) The complaints and suggestions received by 4. How to utilize th incentives nad programs the departmetn or contract agents and any changes listed in s 290.007 that are available in enterprise in policies which have been developed or implement- zones in this state. ed to alleviate unnecessary adverse effects to small (c)Reveive complaints and suggestions concern- businesses. ing policies and activities of federal, state,and local (f) How the appropriations to carry out this sec- governmental agencies which affect small businesses; tion were spent and will be spent for the remainder of develop, in cooperation with the agency, proposals the current fiscal year. for changes in policies or activities ot alleviate andy (g) Plans and specific objectives to be accom- unnecessary adverse effects to small businesses; and plished by the department in the next fiscal year to work with the agency in implementing the changes. further the purpose of this section,each report shall (d) Conduct studies, workships, and seminars first report required by this section, each report shall dealing with small businesses. contain information on whether or not the plans and (4)ANNUAL REPORTS-On March 1 of each specific objectives of the departmetn were accom- year, biginning with March 1 of each plished. Economic Development of the Departmetn fo Com- (h) Recommended amendments to this secton. merce shall make a written report to the Governor, (i) The budget for the next fiscal year. the President of the Senate and the Speaker of the (5) COOPERATION WITH FEDERAL AGEN- House of Representatives with respect to teh imple- CIES- The division of Economic Development of mentation of this section. The report shall contain in- the Department fo Commerce, with the approval of formation on: the Legislature, shall cooperate with any federal (a)The establishment and administration of the agency which offers any program that is of benefit ot information system, including; small businesses and that is consistent with the pur- 1. The information available. pose and the programs of this section. 2. How the infomration is desseminated. (6) ASSISTANCE TO CERTIFIES DEVELOP- 3. The number and types of small businesses MENT CORPORATION- The division of eco- which have used the information system and what nomic Development is authorized to enter contracts percentage the number using the system represents to provide assistance to a nonprofit, statewide devel- of the total number of small businesses in the state opment corporation certified pursuant to 503 of the (b) The types of assistance and counseling that SMall Business Investment Act of 1958, as amended, are available to small businesses from the depart- in the form of administrative and technical staff as- businesses which have requested assistance or coun- sistance and support, including, without limitation, seling, wheter or not the assistance or counseling re- packaging and servicing of loans for the propose of quested was provided and , if such assistance or equity capital and long-term loans to small business counseling; and what percentage teh number of es. Any contract between teh division and such cor- businesses assisted or counseled represents of the to- poration shall provide that the corporation must re- tal number of small businesses in the state. imburse. to the extent possible, the division for ex- (c) The types of assistance, counseling, and infor- penses resultnig from the provision of administrative mation on the incentives and programs available in and technical staff assistance and support and that such assistance and support will cease when the cor- 290.013 State agency rules required to provide en- poration has attained a revenue-generating capacity couragements and incentives with re- sufficient to defray on its ow the expense for such spect to enterprise zones; review fo ex- assistance and support. Any contract betweent the di- isting rules for adverse effects; proce- vision and such cirporation shall specify that the rec- dures; annual reports. ords of the corporation must be available for aust by 290.014 Annual reporta on enterprise zones. the division and by the Auditor General to verify the 290.015 Evaluation and review. extent of the ability of the corporation to reimburse 290.033 Definitions. the division for, or to defray entirely, the expense of 290.34 Community development corporation such administrative and technical staff assistance Assistance Trust Fund; priority of use and support. 290.35 Eligibility fo assistance. (7) FOUR-YEAR REPORT;TERMINATION 290.36 Community development corporation OF PROGRAMS; AUTOMATIC TERMINA- support program. TION.- 290.37 Community development deferred pay- (a) On March 1, 1981 in addition to the annual ment loan program. report required by subsection (4), the Department of 290.038 Authority and duties of the department. Commerce shall submit to the Governor, the Presi- dent of the Senate, and the Speaker of hte House of 290.001 Florida Enterprise Zone Act; short Representatives a comprehensive analysis of the cost title os 290.001-290.015 of each program provided under subsection (3) or any (1) Sections 290.001-290.015 may be cited as the amendment thereto, as compared to the benefits "Florida Enterprise Zone Act" which have accrued to small businesses of this state (2) This section shall stand repealed on Decem- and to the economy of this state as a result of that ber 31, 1994. program and a recommendation as to whether or not history that program should be continued. (b) If the Legislature fails to enact legislation to 290.002 Legislative findings. continue any program provided under subsection (3) (1) It is hereby found and declared that: or any amendment thereto in the regular session (a) Within the urban communities of this state, which follows the date the report required by this there exist areas that chronically display extreme and subsection is made, or if the Governor vetoes such unacceptable levels of unemployment,pphysical dete- legislation, that program shall be terminated by teh rioation, and economic disinvestment. departmetn as of July 1, 1981. If no program provid- (b) Each such area is a blight on the community under subsection (3) or any amendment thereto is as a whole, tarnishes the image and reputation of the continued, this section and all amendmetns hereto community in the eyes of its residents, and red are repealed effective July 1,1981. the dedirability of the community as a place to history 1,2,3,4,5,6,7,8,ch.77218 and live (c) Such severely distressed areas have high CHAPTER 290 crime rates and provide environmens detrimental to the physical and emotional health of their residents. (d) The revitalization and redevelopment of each URBAN REDEVELOPMENT such area for the ultimate benefit of its residents and 290.001 Florida Enterprise Zone Act; short title of the community as a whole is of critical importance to 290.001-290.015 the individual community and to this state. 290.002 Legislative findings. 290.003 Policy and purpose. F.S. 1983 PORT FACILITIES FINANCING Ch.315 ______________________________________________________________________________________________ CHAPTER 315 PORT FACILITIES FINANCING 315.01 Short title. 315.02 Definitions. 315.03 Grant of powers 315.031 Promoting and advertising port facilities. 315.04 Other consents or approvals; use of state lands 315.05 Port facilities bonds. 315.06 Sources of payment and security for bonds. 315.07 Contracts for borrowing of money. 315.08 Trust agreements of resolution. 315.09 Remedies. 315.10 Refunding bonds. 315.11 Exemption from taxation. 315.12 Bonds, legal investments. 315.13 Action by resolution 315.14 Public purposes. 315.15 Additional and alternative method. 315.16 Liberal construction. 315.01 Short title.- This law shall be known and may be cited as the "1959 Port Facilities Financing Law." 315.02 Definitions.- As used in this law, the following words and terms shall have the following meanings: (1) The term "port district" or the word "district" shall mean any district created by or pursuant to the provisions of any general or special law and authorized to own or operate any port facilities. (2) The term "port authority" or the word "authority" shall mean any port authority in Florida created by or pursuant to the provisions of any general or special law or any district or board of county commissioners acting as a port authority under or pursuant to the provisions of any general or special law. (3) The word "county shall mean any county and the word "municipality" shall mean any municipality in Florida. (4) The word "unit" shall mean any county, port district, port authority or municipality. (5) The term "govering body" shall mean the board or body in which the general legislative powers of a unit shall be vested. (6) The term "port facilities" shall mean and shall include harbor, shipping, and port facilites, and improve- ments of every kind, nature, and description, including, but without limitation, channels, turning basins, jetties, breakwaters, public landings, wharves, docks, markets, parks, recreational facilites, structures, buildings, piers, anchorages, utilites, bridges, tunnels, roads, causeways, and any and all property and facilites necessary or useful in connection with the foregoing, and any one or more or any combination thereof and any extension, addition, betterment or improvement of any thereof. (7) The word "cost" an applied to any port facilites shall mean and shall include the cost of acquisition or construction, the cost of all labor, materials, machinery and equipment, the cost of all lands, property, rights, easerments and francises acquired, financing charges, Interest prior to and during construction and for 1 year after completion of construction, cost of plans and specifications, surveys and estimates of cost and of revenues, cost of engineering and legal services, all other expenses necessary of incident to determing the feasibility or pract- icebility of such construction, the cost of acquiring or Improving, enlarging and extending existing port facilities and preparing the same for sale or lease to provide funds for financing port facilities under the provisions of this law if, in the determination of the governing body, such acquisition, such improvement, enlargement and extension or such preparation for sale or lease are necessary to such financing, administrative expenses and such other expenses as may be necessary or incident to any financing herein authorized. Any obligation or expense theretofore or here- after incurred by a unit in connection with any of the foregoing items of cost may be regarded as a part of such cost and reimbursed to the unit out of the proceeds of port facilites bonds issued under the provisions of this law. 315.03 Grant of powers-Each unit is herby authorized and empowered: (1) To acquire, construct, lease, operate and maintain any port facilites either within or without or partly within and partly without the corporate limits of the unit, or within or partly within the corporate limits of any other unit on property owned or acquired by it; provided, however, that no unit shall acquire, construct, lease, operate or maintain port facilities other than channels or turning basins in any county of the state other than the county in which such unit is located without securing the prior approval or consent of the unit or units in which such port facilities are proposed to be located, which approval or consent, if given, shall be evidenced by a resolution or ordinance duly adopted. (2) To acquire by purchase, grant, gift or lease or by the execise of the right of eminent domain and to hold and dispose of any property, real or personal, tangible or intangible, or any right or interest. In any such property, for or in connection with any part facilities, whether or not subject to mortgage, liens, charges or other encumbrances. (3) To add to or extend, or cause or permit to be added to or extended, any existing lands or islands now or hereafter owned by a unit bordering on or being in any waters by the pumping of sand or earth from any land under water or by any other means of construction, as a part of or for the purpose of providing any port facilities or for the purpose of improving, creating or extending any property of the unit for use of or disposal by the unit. (4) To construct, or create or permit to be constructed, an island or islands in any waters by the pumping of sand or earth from any land under water 1765 Ch.315 PORT FACILITIES FINANCING F.S. 1983 or by any other means of construction, as part of or for the purpose of providing any port facilities. (5) To constructany bridge, tunnel, road or causeway, or any combination thereof, to, from or between any port facilities. (6) To drege or deepen harbors, channels and turning basins, to cooperate with the United States or any agency thereof in the dredging or deepening of any harbor, channel or turning basin, to enter into contracts with the United States or with any agency thereof concerning such dredging or deepening project, and to pay such ammounts to the United States or any agency thereof or to others as shall be re- quired by the terms of any such contract. (7) To fill in, extend and enlarge, or cause or permit to be filled in, extended and enlarged, any existing port facil- ities, to demolish and remove any and all structures thereon or constituting a part thereof, and otherwise to prepare the same for sale or lease to provided funds for financing port facilities under the provisions of this law. (8) To acquire any existing port facilities and to fill in, extend, enlarge or improve the same, or to cause or permit the same to be extended, enlarged or improved, for any public purpose or sale or lease for the purpose of providing funds for the acquisiton by the unit of any port facilities or for the payment of bonds, notes or other obligations of the unit for or in connection with any port facilities. (9) To sell at public or private sale or lease for public or private purposes all or any portion of any port facilities now or hereafter owned by the unit, including any such faci- lities as extended, enlarged or improved, and all or any portion of any property of the unit improved; created; extended or enlarged under the authority of this law on such terms and subject to such conditions as the governing body shall determine to be in the best interests of the unit. (10) To contract for the purchase by the unit of any port facilities to be constructed, enlarged, extended or improved by any public body, agency or instrumentality or by private person, firm or coaporation, and to provide for payment of the purchase price thereof in such manner as may be deemed by the governing body to be in the best interests of the unit, including, but without limitation, the sales or exchange of any property of the unit therefor or the issuance of bonds or other obligations of the unit. (11) To accept loans or grants of money or materials or property at any time from the United States or the State of Florida, or such agency, instrumentality or subdivision may impose. (12) To exercise jurisdiction, control and supervision over any port facilities now or hereafter acquired, owned or constructed by the unit. (13) To operate and maintain, and to fix and collect rates, rentals fees and other charges for any of the services and facilities provided by the port facilities now or hereafter acquired, owned or constructed by the unit. (14) To lease or rent, or contract with others for the operation of all or any part of any port facilities now or hereafter acquired, owned or constructed by the unit, on such terms and for such period or periods and subject to such conditions as the governing body shall determin to be in the best interests of the units. (15) To contract debts for the acquisition or construction of any port facilities or for any other purposes of this law, to borrow money, to make advances, and to issue bonds or other obligations to finance all or any part of such acquisition or construction or in the carrying out of any other purposes of this law. (16) To make advances to the United States or any agency or instrumentality thereof in connection with any port facilities, including the dredging or deepening of any harbor, channel or turning basin to serve any port facilities. (17) To enter on any lands, waters or pemises within or without the unit or within the corporate limits of any other unit, for the purpose of making surveys, soundings and examinations with relation to any existing or proposed port facilities. (18) To contract with the United States or the State of Florida or any agency or instrumentality thereof or with any public body or political subdivision or with any private person, firm or corporation with reference to any of the powers hereby granted. (19) To perform any of the acts hereby authorized through or by means of its own officers, agents or employees or by contract. (20) To do all acts and things and to enter into all contracts and agreements necessary or convenient to carry out the purpose of this law. History,-- s. 3 ch. 59-411; s. 1 ch. 67-137. 315.031 Promoting and advertising port facilities.-- (1) Each unit is authorized and empowered: (a) To publicize, advertise and promote the activities and port facilities herein authorized; (b) To make known the advantages, facilities, resources, products, attractions, and attributes of the activities and port facilities herein authorized: (c) To create a favorable climate of opinion concerning the activities and port facilities herin authorized: (d) To cooperate with other agencies, public and private, in accomplishing these purposes; (e) To enter into agreements with the purchaser of purchasers of port faciliteis bonds issued under the provisions of this law to establish a special fund to be set aside form the proceeds of the revenues collected fiscal year, for the promotional activities authorized herein. Nothing herein shall be conotrued to authorize any unit to expand funds for meals, hospitality, amusement or any othe purpose of an entertainment nature. (2) All obligations, expenses and costs incurred under the provisions of this section shall be paid from such fund whein vouchers thereof, approved by the governing body of the unit, are exhibited to the responsible authority makeing disbursements for the governing body. 1768 4q0 F.S. 1983 PORT FACILITIES FINANCING Ch.316 316.04 Other consents or approvals; use of state lands.-- Except as hereinafter provided in this section, and except as provided in a 316.03(1), the approval or consent of any other political subdivision or public body, agency or instrumentality of the State of Florida , except the Board of Trustees of the Internal Improvement Trust Fund, shall not be required for the exercise of any of the powers granted by this law. Any municipality located in a county authorized by law to operate port facilities or in which there is a port district or a port authority shall exercise any powers granted by this law only if the governing body of such county, port district or port authority shall by resolution determine thath the beste interests of the county will be served thereby and consent thereto. The State of Flordia hereby consents to the exercise of any and all powers granted by this law without further authorization or approveal thereof by any of its agencies or instrumentalitiles, except as may be required from the Board of Trustees of the Internal Improvement Trust Fund as to the use of any state lands lying under water which are necessary for the accomplishment of the purposes of the law. 316.05 Port faciliities bonds.-- (1) The governing body is authorized to provide by resolution, at one time or from time to time, for the issuance of bonds of a unit for the purpose of paying all or a part of the coast of any one or more port facilities. The bonds of each issue or series shall be dated, shall bear interest at much rate or rates, and shall mature at such time or times not exceeding 40 years from their date or dates, as may be determined by the governing body, and may be made redeemable before maturity, at the option of the unit, at such price or prices and under such terms and conditions as may be fixed by the governing body prior to the issuance of the bonds. (2) The governing body shall determine the form of the bonds including any interest coupons to be attached thereto, and the manner of executing of the bonds, and shall fix the denominations or denominations of the bonds, and the place or places of payment of prinicipal and interest, which may be at any bank or trust company within or without the state. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds,such signature or much facsimile shall nervertheless be valid and sufficinet for all purposes the same as if he had remained in office until such delivery, and any bonds may bear the facsimile signature of, or may be signed by, such persons as at the acutual time of the exectuion of such bond shll be the proper officers to sign such bond although at the date of such bond such persons may not have been such officers. (3) Notwithstanding any other provisions of this law or any rectials in any bonds issued under the provisions of this law, all such bonds shall be deemed to be negotialbe instruments under the laws of Florida. The bonds may be issued in coupon or in registered form, or both, as the govering body may determine, and provision may be made for the registration of any coupon bonds as to principal alone and alson as to both principal and interest, for the reconvention into the coupon bonds of any bonds registered in to both prinicipal and interest, and or the interchange of coupon and registered bonds. The issuance of such bonds shall not be subject to any limitations or conditions contained in any other law, and any bonds issued by a unit under this law shall not be considered in computing the amount of indebtedness which the unit may incur under any other law. (4) The governing body may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be for the interests of the unit. Prior to the delivery fo definitive bonds, the unit may issued interim receipts or temporary bonds, with or without coupons, exchangeable for definitive bonds when such bonds have been executed and are available for delivery. (5) The governing body may also provide for the replacement of any bonds which shall become mutilated or be destroyed or lost. Bonds may be issued under provisions of this law without obtaining the consant of any cmmission, board, bureau or agency of the state, and without any other proceeding or the happening of any other condition or thing than those proceedings, conditions or things which are specifically required by this law. 316.06 Sources of payment and security for bonds.-- (1) The governing body may provide that bonds issued under the provisions of this law shall be payabel form and secured by a pledge of any one or more of the following sources: (a) Revenues of any one or more port facilities now owned or hereafter acquired or constructed by the unit; (b) Proceeds of the sale or lease of all or any part of any port facilities now or hereafter owned by the unit as such facilities may be extened, enlarged or improved, or of any property of the municipality improved, created, extended or enlarged or prepared for sale or lease under the authority of this law; (c) Any money received by the unit from the United States or any agency or or instrumentality thereof in connection with any port facilities or in repayment of any advances made by the unit for all or any part of the cost of any port facilities. (2) The governing body may provide that such bonds shall be general obligations of the unit for which the full faith, credit and taxing power of the unit shall be additionally secured by a pledge of revenues, sale or lease proceeds or money received by the unit from the United States or any agency or instrumnetality thereof as herein authorized. The governing body of such unit may provide that such unit may provide that such bonds shall be payable as to principal and interest in the first instance from such revenues, sale or lease proceeds or money received by the unit from the United States or any agency or instrumentalily. The governing body of any unit may additionall secure any such bonds by a mortgage or other encumbrance, subject to such terms and conditions as it shall provide, upon all or any part of any port faciliites now or hereafter owned by the unit, as such facilities may be extended, enlarged or improved, or of any property of the unit improved, created, extended or enlarged or prepared for sale or lease under the authority of this law, and the governing body is herby authorized to sell at public or private sale or lease any of such port facilities or porperty, subject to such terms and conditions and for such price, payable at one time or from time to time in installments as the governing body may provide, and to apply the proceeds of any such sale or lease, after paying all costs in connection therewith, to payment of the cost of any port facilities financed under the provisions of this law or to the payment of the princiapl of or the interest or redemption premiums on any bonds issued hereunder or to the payment of any other obligation or oblications herin authorized. 316.07 Contracts for borrowing of money--. The governing body may contract with any person, firm, corporation or public body or with the United States or any agency or instrumentality thereof for the borrowing of money for paying all or any part of the cost of any one or more port facilities, and any such contract may contain such terms, conditions or provisions as the governing body may determimne not in conflict with the provisions of this law. The provisions of c.315.06 applicable to bonds shall be applicable also to contracts entered into under the above provisions of this section. Any such contract may be hypothecated by the unit, and the unit may borrow money under such terms and conditionsas it shall determine in anticiaption of the receipt of funds under such contract. 316.08 Trust agreement or resolution-- In the discretion of the governing body, any bonds issued under the provisions of this law may be secured by at trust agreement by an between the unit and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the state. Such trust agreement or the resolution providing for the issuance of such bonds may contian such provisions for protectin and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the unit in relation to the acquisition of property and the accquistion, construction, improvement, maintenance, repair, lease, operation and insurnace of any port facilities n connection with which such bonds shall have been authorized, the custody, safeguardingor application of all moneys, and conditions or limitations with repsect to the issueance of additional bonds. It shall be lawful for any bank or trust company incorporated under the laws of Florida which may act as depositary of the proceeds of bonds or of revnue of other funds to furnish such indemnifying bonds or to pledge such securities as amy be required by the governing body. Any such trustee under any such trust agreement, and may restrict the individual right of action by bondholders. In addition to the foregoing, any such trust agreement or resolution may contain such other provisions as the governing body may deem reasonable and propery for the security of the bondholers. All expenses insurred in carrying out the provisions of such trust agreement or resolution shall be treated as a part of the cost of the operation of the port facilities. 316.09 Remedies.-- Any holder of bonds issued under the provisions of this law or any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent the rights herein givien may be restricted by such trust agreement or the resolution authorizing the issuance of such bonds, may, either at alw or inequity, by suity, action, mandamus or other proceedings, protect and enforce any and all rights under the alws of the state or granted hereunder or under such trust agreement or resolution, and may enforce and compel the performance of all duties required by this law or by such trust agreement or resolution to be performed by the unit or by any officer thereof, including the fixing, charging and collecting of rates, rentals and other charges. 316.10 Refunding bonds-- The governing body is hereby authorized to provide by resolution for the issuance of refunding bonds of the unit for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions fo this law or which shall have been issued to provide funds for the payment of the cost of any port facilities under the provisions fo nay other law, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such bonds, and, if deemed advisable by the governing body, for the additonal purpose of acquiring or construtiong additonal port facilities. The issuance fo such bonds, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties and obligations of the unit in respect of the same, shall be governed by the provisions of this law insofar as the same may be applicable. 316.11 Exemption from taxation-- As adequate port facilities are essential for the welfare of the inhabitants and the industrial and commercial development of the area within or served by the unit, and as the exercise of the powers conferred by this law to effect such purposes constitutes the perfrmance of proper public and governmental fucntions, and as such port facilities constitute public properly and are used for public purposes, the unit shall not be required to pay any state, county, municipal or other taxes or assessments thereon, whether located within or without the territoral boundaries of the unit, or upon the income therefrom, and any bonds issued under the provisions of this law, their transfer and the income therfrom (including any profit mad on the sale thereof) shall at all times be free from lasation wihtin the state. The esemption granted by this section shall not be applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations. FA 1983 PONT FACILITIES FINANCING Ch. 315 $18.12 Bonds legal b- 316.14 Public purposes.-It is hereby deter- ooed by a unit under Our provisions of this law are mined end declared that each and an of the powers hereby made securities in which all public officers conferred by this low and the exerche thereof am and public bodies of On auto and its political subdi- proper public and municipal purposes. visions. all Insurance companies, trust companies. OW-W.- 14. & 60 411. banking associations, investment companies, execu- tors, administrators, trustors, and other fiduclades 316.15 Additional and alternative method. min property and legally Invest Funds. Including -Wa law shall be deemed to provide an additional their control or belonging them such 88% .1 to and alternative method got the doing of the things are hereby used securities which may property and authorized hereby and shall be regarded a supple- legally be deposited with am IQ of mental and additional to the powers conferred by any unit officer or any agency or political subdivision Of other law. either general. special or local. mad *hall the auto for any = for which the deposit of not be recorded as in derogation of any power am bonds obligations do unit in now or may hereaf- existing. Bands may be Issued and any other action ter be authorized by law. may he taken hereunder notwithstanding that any History.-@ 11. CL M&M. other low, either genem . cial or local. may pro- 315.13 Action by rosolulloo.-All action to- fog the Issuance of try for a like f quired or authorized to be takes under the the taking of like action and without 100t fee, of this low by the govem body may be Car,.Iu quirements, restrictions or procedural provisions tier, which tesclug .78% at the contained is any Dam taw either general. opectal of of On governing body at which such resolution Is In- local. trWuced and shell take effect immediately upon 10.67- 11kk a 4111. I A 61.4w such adoption. acept as otherwise provided in this taw, no resolution under this law need be published SILIG LIberal comaruction. This law, being or posted. nor shelf any such resolution require for its necessary for the welfare of the inhabitants of the paseW am than a mejority of all the members of date, @bell be liberally construed to effect the put- the governing body then In oWwo. poses there. a mewu. 1%.1. W411. ORTATION ADMINIS TRA SP nk FS. 983 ting urban streets arid other attaining em Of roads connec, efficient ascribed systs facilities to provide safe and context 0 Ira" purtation anpartatior, throughout the state. The authority hereinafter granted to the department arid to coun. to assist and cote with ties and municipalities inate their activities is there- each other and it) cd , fre essential- re hereby finds, determines. highways ilo) Ille Legistatuode is necesrY for the pres- lic, inclu and declares that this Option of the veTU, dt TITLE XXVI ervation of the public safety, the PIO` evelopment terW&Ys, riprovement and ges tun PUBLIC TRANSPORTATION general welfare, the inties in transportation facilion of the state celucidnirlithe n0Lce o of Iparkways, f hazards therewit most effective utilial n ,d roads, elioninatio term -T CHAPTER 334 residential streets of and other related Purposes. transpo TRANSPORTATIOIN ADMINISTRATION at irade intersections. 69 place c arid as a contribut ion to the national defense (2) ent transportation facilities, trallsPIrta- Ih 1916 W; a 35 or in p Pres npottation development are . highway (c)i tion planning. and Iva Ira current and future 334.021 Integrated balanced state facilit both r 334.01 Shurt title. f legislative intent. a inadeuate to meet the miniont I of the state; system- definit,0115- city, public body, 334.02 Declaration lanced state highWaY SYS- transportation needs of the peo county. lishme 334.021 integrated ba tion and enffncement of the an- (1) ivery state agency, thority pres- 34 - tem; definitions- (3) The presera special district, eypressway all hereto V40 Definitions of wotds and Phrases- tile conservation of natural resources- 'n- authority, chapter 348 of chapter 349, and bodies of of. vironment, ets, and th .e ently existing under eated by special gr general law 3 of department; rental enic, historic. and recreation ass other authority er has authority to expend from P 33 05 Headuarters eluding sc g range land use planning are vi an) hich tile- 14W. fice room, etc tistical strengthening Of Ion " of local application IN tion or for the 1118 f Transportation; sta jai to the health and welfare of the people of Florida. public roads, L63 Department o lanning and development of transportation funds for public. transports n or development 0 P stud ies program; duties and the P istent with these goals', nance, constructlu d other ways open to 33 cudinaiion of highway facilities should e cons ming and de- streets bridges, highways, ail, 334. Systematic and coordinated Plan with- zed to expend the same -Th of department. (4) utation fac travel by the public is auth.fi ransportation; employ- of balanced trivrisP Orida must be encour, lose of developing an integrated, ode Department of T velopment Or the general PurV wise 33-131 ions of Fl f lanced transportation svstem in c ees' benefit fund. in and between all re rovided in and well-ba nd assis- g ruslY Pursued as P efficient, Visions of any statutes or engineer, deputy a' aged and should be vigo this state, restrictiveyr' i nd regulations to the sione :334.14 State highwa d duties. his chapter; is the intent of the. Legislature other governmental or inances a tants; compensation an I Enineeting consulting services. (5) To this end, il insportation the cus, ontrarY notwithstanding. :)n set forth (2) 3.17 s and municipali- nent of Tr rtation sys- c(2) Nothing in the broad authorizatil port 1 State to assist Countle to make the Deparilaighway and transgo (3 ties, procedure. the state I trued to permit the ex 4 7 to employ legal counsel. todian of sufficiently broa authority to in subsection (11 shall be cons ach manner or for such of ac 33416 Department t of comptroller and internal tems and to provide unctiorv adeuately and penditure of public funds in so titution or (4 34,19 Ernplomen ds and enable the department to 1 te jurisdiction, projects as would violate the State Cons hich would way s financial recor , all are as of appropril ution and the kny bond issue or w fron auditor; dutie , roller. efficientiv it f the Constit the trust indenture of I and bond for COMPt subject 26 the limitations o Ouse the state it, lure any federal aid funds tot high Lei imposed. , provkiOll., 'If accounts; avid the lant 420 Expenditures. legislat e mandate heTeinaflcls to declare, in general cV:*, or transpott;l1i"ll reparation, adPtioin execu- the Legislature inter all 4f tiliti 'ectiM, hull be applied in a man"er t` a Got Budets; P 4f 11, such resulL portatiOn, tion and amendment. the poWels illd dativ, pital Trust Fund created- ey let ortation, lei'vilig 11,ifiC dVtilil tO the (3) Each expressway. authority or trans i42M5 Waking C; f tich funds, etc. Jranp rules and regulations which sit or other similar authority existing un- mined by reasonable gate The Legislature In- mass trar created shall submit overall de- Wh Tran partment Of portation planning. rient may PrOmulg der law or hereafter tr tion for put- sha 14 "11 Corridor depart, a authority to the Depart Coordination of Central Florida tends, la, general grant Of delegate sufficient power On plans to the De us a @ 4 2 12 Transportation, to rign and construct' planning. department to carry Out prior to any cons 11 .0, the tra I , )r incorporitio tion planning organization. ment of to enable the Transportation int 34.215 Transporta and authorit ves stated above. poses of correlation with .( svstem@ Tile construe- 334.22 Annual repurts. it or General. the broad objecli Vier intent of the Legislature to existing state transportation all be approved nr 11131 audit by Aud It is the furl thoritY with st tion ofany transportation facility $1 mencement or 6 314.23 upon local officials adeuate au it prior to the cora t Pertrmavice audits' bestoW nsportatiOn facilities under the by the department Road appraisal reports; research studies. rFs ect to the Ira nt management, operation, and construction if it@ er the uti- so 34 94 is tenance through eith fe 3 45 Seal of department. its tion. The efficie city streets, other public (a) Reuires mal, control Of Our county roads, ies are like, lization of Department of Transportation personne Short title Ch jet, 334,339 and 341 thoroughfares and trarlortation fact it or the use of primary road funds, or tax so 33401 ida 271 ansportation Code." wise a matter of vital Pu lie interest. (b) Entails the substantial use Of any gasb may be cited as the Flor bl of establishing and maintaining 59; 72. 79 64 (8) The pro em Is eliminating congestion, funds Other than primary, t adeuate roads and stree , king facil- ation of legislative intent. reducing accident freuency. providing Par no determination is made by the depart, 334.02 Declat necessary steps to ensure safe and However, if days after receiving the plans, they 0 -Recognizing that safe and efficient transportation ities and taking all "I on these public ways is no ment within 9U t tant interest to all the people Of shall becorne effective. 6 is a matter of impor re hereby determines and de, convenient transportation lementation of the :1 less urgent. (4) TO ass's Ilevelopment of an the state, the Legislate ecognizing the necessity Of I and aid in the imp clares that The Legislaturer the construction, mainte- Department Of Transportation's 4 ystem, the (11 The development of a balanced and efficien responsibility to be several systems of high- integrated and balanced transportation s I adeuate to meet the current fixing and operation of I ibo transportation system i essen- nance, public transportation, in- following words and phrases SlIall, for tile Purposes a I tation needs of the state ways, and other means of d balanced id future transpor ial life and general welfare of the tends that the state shall have ail integrate tial to the cummerc to the national defense people Of the state arid Ch.334 TRANSPORTATION ADMINISTRATION F.S, 1983 F.S. 1983 TRANSPORTATION ADMINISTRATION CH. 334 (8)"Right of access"-The right of ingress to a and the longest trip purpose and carry a high propor- reconstruction of roads shall be considered "construc- ment of Banking and Finance, conditioned upon the highway from abutting land and egress from a high- tion of the total urban area travel on a minimum of tion." faithful performance of his duties, the premiums of way to abutting land. mileage. The routes are integrated, both internally History.-a.2,ch.29965,1955;as 1.2.ch57.318;as 1.2.ch said bond to be paid from the funds for the mainte- (9) "Right of way"-Land in which the state, the and between major rural connections. 63.27 a 1 ch. 47.43as 23,35 ch 69-106, a 105, ch. nance of the department. He shall devote all his time department, a county, or a municipality owns the fee (21) "Urban minor arterial roads"-Routes 71-377, as 3,17,ch.77-165. as 1. ch. 19.357. as. 136 and service to the department and shall exercise such or has an easement devoted to or required for the use which generally interconnect with, and augment, ur ch. 79-400. a 1, ch. 83-82. powers and perform such duties as shall be required as a public road. ban principal arterial routes and provide service to ef-a 335.01 State roads designated. by law or prescribed by the department and shall be (10) "State park road system"-Roads embraced trips of shorter length and lower level of travel mo- 334.05 Headquarters of department; rental responsible for the efficient operation and adminis- in boundaries of state parks roads leading bility. Minor arterial routes include all arterials not of office room, etc.-The headquarters and general tration of the engineering functions of the depart- to state parks other than roads of the state highway classified as principal and contain facilities that place office of the department shall be located at the state ment. system, county roads, or municipal roads. capital. The department may purchase, build, rent or (2) The department shall employ a Deputy State (11) "State roads"-All streets, roads, highways, more emphasis on land access than the higher sys- lease suitable buildings or rooms for its headquarters, Highway Engineer who shall be a competent highway and other public ways open to travel by the public tem. general office, branch offices or division offices and engineer, certified by the Board of Professional Engi- generally and dedicated to the public use, according (22) "State highway system"-The state highway for maintenance yards and rooms for equipment and neers, with at least 10 years' experience in highway to law or by prescription, and designated by the de- system shall consist of the following: supplies in other cities and towns of this state as the engineering. He shall be required to give bond in the partment as provided by law as parts of the state (a) The interstate system; business of the department may necessitate or re- amount of $50,000, payable to the Governor and his highway system, including the roadbed, right-of-way, (b) All rural arterial routes and their extensions quire, and payment for the purchase, construction, successors in office, to be approved by the Depart- embankments, slopes, retaining walls, sidewalks, into and through urban areas; rental or lease of such offices shall be made from any ment of Banking and Finance, conditioned upon the funds provided for the maintenance of the depart- faithful performance of his duties, the premiums of bridges, tunnels, and viaducts necessary for the (c) All urban principal arterial routes; and ment. The department may condemn property if nec- said bond to be paid from the funds for the mainte- maintenance of travel thereon and all ferries in con- (d) Those urban minor arterial routes on the ex- essary for the construction of its headquarters in Tal- nance of the department. He shall devote all his time connection with roads. lahassee. and service to the department and shall exercise such (12) "Structures"-Bridges, viaducts, tunnels, History.-4.ch.29965.1933.a1.ch.63-330 powers and perform such duties as may be prescribed causeways, approaches, ferry slips, culverts, toll- by law or by regulation of the department or the di- houses, and gates and other similar facilities used in 334.063 Department of Transportation; sta- rection of the State Highway Engineer. connection with roads. isting primary road system as of July 1, 1977, with tistical studies.-The Department of Transporta- (3) The department shall employ an assistant (13) "Sufficiency rating"-The objective rating the addition of segments of such routes which lie be- tion shall include in the criteria for the planning, con- state highway engineer of planning, an assistant state of a road or section of a road for the purpose of deter- mining its capability to serve properly the actual or tween and connect those parts of the routes previous- struction, and maintenance of state roads statistical highway engineer of construction, an assistant state anticipated volume of traffic using the road. ly included in the primary system and which are nec- studies of accidents and fatalities as well as traffic highway engineer of structures and an assistant state (14) "Functional classification"-The assign- essary to provide continuity to the system; except count. highway engineer of maintenance, whose duties shall ment of roads into systems according to the character that no segment in excess of 2 miles shall be so add- History.-a 1, ch. 69-66; as. 23.35, ch 69-106. be determined by the department and who shall be of service they provide in relation to the total roaded. ed. 334.11 Coordination of highway program; responsible for the efficient operation and adminis- network. Basic functional categories include arterial, However, not less than 2 percent of the public road duties of department.-The Department of Trans- tration of their respective divisions. collector, and local roads which may be subdivided mileage of each urbanized area shall be included as portation shall have the authority and responsibility (4) The department shall employ one district en- into principal, major, or minor levels. Those levels minor arterials in the state highway system. Urban- for the coordination of the total highway and road gineer for each of the six respective transportation may be additionally divided into rural and urban cat- ized areas not meeting the above minimum require- program within the state, including the designation districts whose duties shall be fixed by the depart- egories. ment shall have transferred to the state highway sys- of systems and the development of construction stan- ment and who shall be responsible for the efficient (15) "Arterial road"-A route providing service tem additional minor arterials of the highest signifi- dards as hereinafter provided for, and shall review operation and administration of their respective dis- which is relatively continuous and of relatively high cance, in which case the total minor arterials in the the annual program for each of the major systems to tricts. traffic volume, long average trip length, high operat- state highway system from any urbanized area shall insure coordination of planning and general conform- History.-s 13.ch 29965, 1955.aK.ch.37.318.a.K.ch.67-461 ing speed, and high mobility importance. In addition, not exceed 2.5 percent of said area's total public ur- ity with the law. Local authorities are hereby author- as. 12,23,35 ch. 69-106; a, 2, ch. 72-29; as 2, 3, ch. all United States numbered highways shall be arteri- ban road mileage. Excluding the interstate system, ized to cooperate with it. 73-58. a. 2, ch 78-90; a 205, ch 81-239, 2, ch. 81-302. al roads. the state highway system shall be limited to 11,300 History,-a. 10,ch.29965, 1933;a. 4, ch. 67-461; as. 23, cf--s. 113.07 Bonds of state officials. (16) "Collector road"-A route providing service miles. 35, ch. 69-106. which is of relatively moderate average traffic vol- (23) "County road system"-The county road 334.17 Engineering consulting services. ume, moderately average trip length, and moderately system of each county shall consist of all collector 334.131 Department of Transportation; em- -The Department of Transportation is authorized average operating speed. These routes also collect roads in the unincorporated areas and all extensions ployees' benefit fund.-The Department of Trans- to provide consulting engineering services, upon re- and distribute traffic betweenlocal roads or arterial of such collector roads into and through any incorpo- portation is authorized to adopt regulations authoriz- quest, to any governmental unit on such terms as roads and serve as a linkage between land access and rated areas, all local roads in the unincorporated ar- ing the creation and operation of an employees' bene- may be mutually agreed upon. mobility needs. eas, and all urban minor arterials not in the state fit fund for employees of the department. The pro- History.-a. 16. ch. 29065, 1955, as. 03, 35, ch 69-106 (17) "Local road"-A route providing service highway system. ceeds of the vending machines located in buildings which is of relatively low average traffic volume, (24) "City street system"-The city street system owned by the department, or such portions thereof as 334.171 State to assist counties and munici- short average trip length or minimal through-traffic of each municipality shall consist of all local roads the department by regulation may provide, shall be palities; procedure.- movements, and high land access for abutting prop- within that municipality, and all collector roads in- paid into such fund, to be used for such benefits and (1) In all cases where the commissioners request erty. side that municipality, which are not in the county purposed as the department by regulation may pro- the advice and assistance of the Division of Road (18) "Urban area"-A geographical region com- road system. vide. Operations of the department in the construction or prising as a minimum the United states Census de- (25) "Routine maintenance"-Pavement patch- History.-a. 1, ch. 69-387; as. 23, 35, ch. 69-106. repair of roads, the division shall, when practicable. fined boundary of an urban place of 5,000 population, ing, shoulder repair, cleaning and repair of drainage send the state highway engineer or any assistant en- expanded to include adjacent areas as provided for ditches and structures, mowing, bridge inspection 334.14 State highway engineer, deputy and gineer into such county and render all assistance by federal highway administration regulations. and maintenance, pavement striping, liter cleanup, assistants; compensation and duties.- practicable, without expense to the county, except (19) area"-An urban area having a and such other similar activities of a minor scope as (1) The department shall employ a State High- that the actual and necessary expenses that such en- central twin cities of more than 50,000 popula- are necessary to maintain a safe and efficient trans- way Engineer who shall be a competent highway en- gineer or assistant may incur in complying with the tion. portation system. gineer, certified by the Board of Professional Engi- request shall be paid to the department by the com- (20) "Urban principal arterial roads"-Routes (26) "Periodic maintenance"-Activities which neers, with at least 10 years' experience in highway missioners when properly to by the division which generally serve the major centers of activity of are large in scope and require a major work effort to engineering. He shall be required go give bond in the (2) The department authorized to enter into an urban area the highest traffic volume corridors restore deteriorated components of the transporta- amount of $100,000, payable to the Governor and his contracts and to make such regulations as may be tion system to a safe and serviceable condition, in- successors in office to be approved by the Depart- necessary for such road construction and mainte cluding, but not limited to, the repair of large bridges structures, major repairs to bridges and bridge sys- tems, and the mineral sealing of lengthy sections of roadway. Within the meaning of a 9,Art.XII of the State Constitution major resurfacing, widening, and CH 334 TRANSPORTATION ADMINISTRATION F.S. 1983 nance as may by law or by resolution of any board of county commissioners or board of bond trustees of any county, or dis- trict or other subdivision of any county, be placed under its supervision and control, together with all powers for the exercise of the right of eimient domain. (3) The Divison of Road Operations may prepare plans and specifications for all such proposed work, other than maintenance work of a regular or routine nature, and advertise for bids on same as least once a week for not less than 2 consecutive weeks in some newspaper having a general circulation in the county where pro- posed work is located; and the department may, at it s discretion, award the proposed work to the lowest responsible bidder, or it may reject all bids and proceed to perform the work with convict labor or free labor, and may purchase such equipment and supplies as may be necessary for the efficient and economincal prosecution of the work. (4) (a) In all cases where counties or municipalities request legal assistance of the Division of Administration of the department in connection with matters relating to state roads, including acquisition of rights-of-way, agreements, proposed agreements, road bond issues, or proposed road bond issues, such legal assistance shall be furnished by the resident attorney of the department, who shall assign an assistant attorney to render such legal assistance as the county or municipality may require. Said legal assis- tance shall be without expense to the county or municipality except that the actual and necessary expenses incurred in complying with the request shall be paid to the department. (b) Where disagreement arises as to the existence, interpreta- tion, or operation of any agreement or alleged agreement between the county or municipality and the department, or as to any bond issue, or as to secondary road funds, or if in the opinion of the resident attorney there is a conflict between the interest of the department and said county or municipality, the Deparmtnet of Legal Affairs, at the request of the county or municipality, is authorized to furnish the above described legal assistance; and shall be reimbursed only for actual and necessary expenses incurred in complying with the request of the county or municipality. (c) In cases in which there appears to be a failure of the department, to abide by agreements with the county or municipality, the Department of Legal Affairs, upon request of the county or municipality, shall, at its discretion, take whatever action is necessary to determine the nature of the agreement and the terms thereof and to enforce compliance therewith. (d) No agreement between a county or a municipality and the department shall be binding unless said agreement be reduced to writing. Suits at law or in equity for the enforcement of an agreement so recorded may be maintained in the manner provided in S 337:19. History-53,ch 29965,1955,1,ch. 61-431;5,ch. 67-451; 11,23,35,ch. 69-106 Note-See 1 ch. 81-209 which reorganized, in part, the division structure within the Department of Transportation. 334.18 DEPARTMENT TO EMPLOY LEGAL COUNSEL. 192 The department may employ a resident attorney and as many assistant attorneys as it deems necessary to advise and represent the department in all highway matters. The resident attorney and all assistant attorneys shall be employed on a full-time basis and shall be directly responsible to the department. The Department of Legal Affairs shall represent the department in all matters of litigation. The salaries of all such attorneys shall be fixed by the department. The department may utilize the services of the various county attorneys for acquisition of the rights-of-way and pay therefor such sums as the department shall determine is reasonable. History-17.ch. 29965,1955, 8.ch. 37-318; 4,ch 67-461; 11,23,35,ch. 69-106. 334.19 EMPLOYMENT OF COMPTROLLER AND INTERNAL AUDITOR; DUTIES; FINANCIAL RECORDS AND ACCOUNTS; AND BOND FOR COMPTROLLER.- (1) The department shall employ a comptroller whose special duty it shall be to examine into and supervise the methods of bookkeeping and accounting of the department and all similar matters relating to its management. He shall be required to give bond in the amount of $100,000, payable to the Governor and his successors in office, to be approved by the Depart- ment of Banking and Finance, conditioned upton the faithful performance of his duties, the premiums of said bond to be paid from the funds for the maintenance of the department. (2) The department shall by regulation provide for the maint- enance of records and accounts of the department, by the comptroller, relating to financial transactions, as will afford a full and complete check against improper payment of bills, and provided a system for the prompt payment of the just obligations of the department, which records shall at all times disclose: (a) The several appropiations available for the use of the department; (b) The specific amounts of each cush appropriation budgeted by the department for each improvement or purpose; (c) The apportionment or division of all such appropriations among the several counties and districts, where such apportionment or division is made; (d) The amount or portion of each such apportionment against general contractual and other liabilities then created; (e) The amount expended and still to be expended in connection with each contractual and other obligation of the department; (f) The expense and operating costs of the various activities of the department; (g) The receipts accruing to the department, and the distribution thereof; (h) The assets, investments and liabilities of the department. (3) The comptroller shall act under the general supervision and control of the department and shall per- form such other related duties as may be designated by the department. (4) The comptroller shall maintain a seperate account for each county for each of the gas tax proceeds referred to in s.339.08(3) and (4). Upon request, the comptroller shall certify to any county the balance remaining in either or both of its accounts, after all expenditures duly authorized by its board of county commissioners to be made therefrom, have been met. (5) The department shall employ an internal auditor whose duties shall include, but not be restricted to reviewing and appraising policies, plans, procedures, account- ing, financial and other operations of the department, and recommending changes for the improvement thereof. He shall have access at all times to any records, data, or other information of the department necessary to carry out his duties. (6) The internal auditor shall act under the general supervision and control of the department, and shall perform such other re- lated duties as may be designated by the department. History- 18.ch 29965,1955, 1 ch. 61-229; 2 ch. 61-492; 1 ch. 63-87; ch 67-461; 12,23, 35, ch. 69-106. 334.20 EXPENDITURES-All expenditures by the department shall be made upon vouchers issued and certified by the department in such manner as the department may by regulation provide and paid by warrants issued by the State Comptroller upon the State Treasurer. History- 19 ch.29965,1955,1955c 23, 35, ch. 69-106. 334.21 BUDGETS; PREPARATION, ADOPTION, EXECUTION, AND AMENDMENT.- (1) FISCAL YEAR.-The fiscal year of the department shall begin July 1 of each year and end on June 30 of each succeeding year. Such fiscal year shall constitute a budget year for all operating funds of the department. (2) FILING OF BUDGET.-The department shall file each budget in the manner required by chapter 216, except that the right-of-way, construction, and maintenance plan expenditures and all grants and aids of the department shall be set forth only in total in such budget, together with sufficient annotation indicating the project numbers and amounts to be spent for unfinished projects for which payments will be made during the fiscal year and indicat- ing the total dollar amount for anticipated expenditures during the fiscal year of funds any portion of which is intended to be encumbered on projects currently to be commenced, with the details being set forth in the final annual program budget of the department. Notwithstanding any other provisions of law, the information required under this subsection shall be transmitted to the legislative appropriations committees not less than 30 days prior to the start of each regular legisla- tive session. (3) PROPOSED ANNUAL PROGRAM BUDGET.-The department shall prepare a proposed annual program budget pursuant to the budgets submitted as provided by chapter 216. Notwithstanding any other provision of law, the information required under this subsection shall be transmitted to the legislative appropriations committees prior to the start of each regular legislative session. (4) NATURE AND SCOPE OF THE ANNUAL PROGRAM BUDGETS.-(a) The proposed and final annual program budgets required by subsections (3) and (7) shall present a complete, balanced financial plan for the state road fund and the restricted road funds. (b) The receipt side of such budgets shall set forth all anticipated fund balances to be brought forward at the beginning of the budget year. The fund balance shall be the difference between the current assets and current liabilities and reserves, as commonly defined in accounting terminology, of each fund enumerated herein. It shall set forth all estimated revenues and receipts by source anticipated to be available during the ensuing year for which the budgets are prepared, except that no anticipated receipts estimated to be received from various federal aid acts of Congress shall be budgeted in excess of the amount which may be earned by the amount of state receipts set aside to match such federal aid; and the state funds thus set aside to match federal aid funds shall be used only for such matching pur- poses. The department shall, prior to the preparation of the budgets, ascertain the amount of apportionments of federal aid funds which shall be or which are estimated to be available to the department for expenditure in the fiscal year for which the budgets are prepared; and the department shall budget sufficient funds for matching purposes. (c) The expendi- ture side of the annual program budgets shall set forth the proposed expenditures of the department as classified by major program and appropriation categories to accomplish the objectives of the department. (d) The annual program budgets for the state road fund and restricted funds, unless otherwise provided by law, shall be so planned as to exhaust the estimated resources of each fund for the year, with the exceptions of an emergency reserve, in such amoutn as the department may deem necessary, for the purpose of doing emergency work which may be found to be necessary to be done during the year in order to prevent the stoppage of travel over any road over which the department has jurisdiction and control, and the reserve required in paragraph (8)(b). At any time during the last 2 months of the fiscal year, the emergency work reserve or any portion of it may be appropraited for road purposes provided for herein. (e) The budgets must include sufficient data to identify the projects currently in progress and the estimated amounts to be spent in the current fiscal year for construc- tion and maintenance work when funds have been encumbered in prior years as such is required to be set forth in total in subsection (2). The budgets must also include the amounts of those funds that will be encumbered and the amounts of such funds encumbered that will be actually spent in the current fiscal year. (5) FUNDING AND DEVELOPING A ROAD CONSTRUCTION PLAN.-(a)1. A road construction plan of work to be undertaken during the ensuing budget year shall be prepared for the state road fund and each restricted fund, unless otherwise provided by law or regulation, setting forth all construction projects, hereinafter referred to as "projects," to be undertaken during such budget year. For the budget year beginning July 1, 1970, and each year thereafter, the road construction plan of the annual program budget shall be fo ensuing five years and shall be referred to as "5-year construction plan." The total amount 5-year construction plan in each fiscal year 193 ---______--TRANSPOR ATION ADMINISTRATION y_,ql 963 TRANSPORTATION ADMINISTRATION Ch. 334 ex"ed an ainowni that would prevent the depart- priste prograrn amount not to exceed $50 million. (naking ofcontracts fiwa periodexceeding I year. hot or rescheduling results in the delay of the ment fr,im meeting the expenditure requirements for Projects Within each program shall be prioritiz anv contract so made shall be executor3,, only for the right-of-waY phase or construction phase of a project the set fiath therein. based on need. The project. list shall be independen value of the services to he rendered or agreed to be estimated to cost in excess of $500.()(0do), tshalillobeifioc-ba. ,1. 'rite 5-year construction plan shall include a of the 5-year construction plan, except that funde paid for in succeeding fiscal years; and this paragraph tion process required in paragraph @uolniars of construction and rights-of-way land ac- projects in later years of such plan may be includ ,hall he incorporated verbatim in all contracts of the served. . . . ropriation categories to show the in the project list and advanced to an earlier year cluisition app@ arlier year department in excess of $25,000 and having a term HistorY.- Al. h 29W@. 19W ., 9. ch, 57 319; , 1. h fi I @6,1. 3. ch aml,unts programmed in each appropriation category justified by priority. The list shall be submitted to jor a period of more than I year. f-1. -hl. 7253,33; 5-. '1 It. 2c.h1si,37-139296. , 1. 72 fi. bv distrit. the legislative appropriations committees prior to the (b) in the operation of its state road fund, the do- .3. Prl,jects shall not be undertaken unless they start of the regular legislative session. pertinent shall have on hand at the close of business, are listed in the annual construction plan. However, (6) PUBLICATION OF THE PROPOSED AN. which closing shall not be later than the 10th calen- 334.2105 Working Capital Trust Fund creat. in case any road project listed in such plan cannot be NUAL PROGRAM BUDGET,- ed, expenditure of such funds, etc,- dar day of the month followimthe end of each quar. (1) There is hereby created a Working Capital undertaken during that year for any justifiable rea- (a) The department shall a point a time and ter of the fiscal year, an availa e cash balance, which son, then another project listed in order of priority in place for the public hearing on Te proposed annual shall include cash on deposit with the treasury, Trust Fund, into which fund shall be deposited an the 5-vear construction plan may be undertaken. program budget and 5-year construction plan pre. short-term investments of the departme amount deemed necessary by the Department of - pared for the state road fund and restricted funds as bursements due from the Federa Government equiv. Thii p'rovision shall not apply to unforeseen emer I nt, and reim- Transportation and approved by the Executive Of- gency projects approved by the department or to required herein. at which time it shall bear all ques- alent to @ot less than 5 percent of fice of the Governor for the efficient operation of the the unpaid balance department. Such amount may be obtained from any pr"jects which are estimate to cost less than $20,000 tions, suggestions, or other comments offered by the of all primary fund obligations at the close of such and approved by the department and must be un- public in regard to such budget. q4arter. In the event this cash position is not main- trust fund or funds under the control and custody of dertaken to protect a highway investment or to pre- (b) At least 5 days prior to the date set for such tained, no further state road or restricted fund co the department. The Working Capital Trust Fund ent the closing of an important state road. hearing, there shall be published once in one of the ruction contracts or other fund commit n_ may be used to pay any and all bills of the depart- st ments 'shall (bi In addition to the projects included in the newspapers of general circulation in the state in each be approved, entered into, awarded, or executed until ment; provided, however. in the succeeding month, 3-year construction plan of the department, begin- of the transportation districts a notice of the time the cash balance, as defined above, has been re- !he appropriate trust fund shall reimburse the Work- ning with the budget year which starts on or after and place of the public meeting for considering such gained. ing Capital Trust Fund for all expenditures properly July 1, 1970, and each year thereafter. each county, proposed annual program budget, together with a no- (9) AMENDMENT OF THE FINAL ANNUAL attributable to such reimbursing trust fund; and pro. municipality, and other governmental unit responsi- tice that such budget and the 5-year road construc- PROGRAM BUDGET.-The department shall have vided the use of such unexpended trust funds shall ble for the construction and maintenance of roads tion plan of the department are available for inspec- he authority to amend its final annual program bud- not delay, or impair a count), project of any county and streets shall submit to the appropriate district tion by the public at the office of the clerk of the cir- 'get and 5-year construction plan at any time during contributing to the fund.. engineer, with a cop), to the department, a plan of cuit court or chairman of the board of county earn- the fiscal year as f4illowi. It may: (2) The department is authorized to use a single @."'wurk,for. th6"'fititruction ind,maintenat)ce of roads missioners. (a) Transfer within the same fund any unencum. cash control for the fund charges for other budget en. and streets within its jurisdi@tion'f6ithi'@ri@uini,'S ,N1'(c)-',Fi4 cidpiiiii'of,the'prolioged annual. program. bered budget item, any Portion thereof, from one -cost basis for services rendered by th( tities on a unit vears. listing the estimated amounts to be expended budget and 5-year construction plitin -shall: be foi-, C itctivity to'anblfi&l Purns Data lcentef and Centralized. Mobile Equip on each project during each budget year. The local warded to the office of the chairman of each board of (b) Transfer between the tate road fund and the ment and Warehouse' 0 peiiiii6fis' blud'ge-i"eln'tities. plan ofwark for roads and streeLs as herein provided county commissioners and another copy shall be fur- restricted funds or between rrestricted funds, within The department shall maintain adequate interna @hajl he prepared by the county or city, engineer or nished to each clerk of the circuit court, together the provisions of the restrictions by law or by agree- records to record these charges and reflect these 3! superintendent of roads for the local authority and with a notice of the public hearing referred to above. ment as to the expenditure of such funds, any unen- commitments on a quarteriv funding matrix report t( approved by the governing body of the political sub- The clerk shall post at the front door of the court- cumbered funds. be submitted to the Executive Office of the Guvernoi -1bb division responsible for the construction and mainte- house a copy of the public hearing notice at least 5 (c) Budget in the proper fund and expend any re. no later than 20 calendar days after the close of eac) nance of such roads and streets. days prior to the date of the hearing alon with a no- ceipts not anticipated in the adoption of the budget calendar quarter. In addition, the appropriation cate 1c) Prior to the annual adoption of the 5-year tice that the proposed annual pr@*;ram tudget and or receipu in excess of the total anticipated receipts gories entitled 'Payments for Centralized Suppor construction plan, the department shall hold public 5-year road construction plan of the department are in the adopted budget. Services" and -Data Processing Services" shall con hearings in each of the transportation districts to give available for public inspection during his regular of- (d) Substitute a project in the funded 5-year con- tinue to be reflected in the legislative budget systen consideration to the necessity of making any changes rice hours. struction plan for an), other project in the 5-year co as pecific appropriations. to projects included or to be included in the 5-year (7) ADOPTION OF THE FINAL PROGRAM its struction plan; however, when an), such substitution ist-Y.- 1. ch 72-67; @ 11-,. ch 79-190; 1 2. ch. 63 232. construction plan and tohear requests for new proj- BUDGET OF THE DEPARTMENT.-In accord. results in the delay of the right-of-%vay or construe- ects to be added Ea. or existing Frojects to be deleted ance with the appropriations act, ithe department tion phases of a project estimated to cost in excess of 334-211 Transportation planning.- from, the 5-yea: an. shall, prior to the beginning of the fiscal year, decide $500,000, the department shall notify the legislative (1) PURPOSES.-For the purposes of this chap (di The 5-year construction plan prepared under upon and make up a final program budget for the en- appropriations committees and transportation earn- ter, the following definitions shall be employed: the pro% isions of this subsection shall be submitted suing year and 5-year construction plan in accord- mittees. The transportation committees shall notify (a) Local governmental bodY.-The term 'locg to the legislative appropriations committees prior to ance with the foregoing requirements, which may in- each member of the Legislature who represents the governmental body" means the governing body of th the start of each regular legislative session. clude only those projects submitted as part of th.e district or districts affected by the substitution. Such city, town, municipality, county, or other local go, (e) Beginning with the 1983-1985 biennium, the 5-year construction plan prepared under the OV1_ notification shall include the name, location, and es- erning unit in the area in which the transportatio department shall develop and maintain a list of proj- sions of subsection (5), unless otherwise provilerd by timated costs at any project that is advanced in the facility will be located. ects that could be made production -ready within the the approp'iations act. 5-year construction plan as a result of the delay of (b) Major transportation facility.-The terr biennium to use additional sources of state revenue. (8) EXECUTION OF THE BUDGET.- another project. major transportation facility" means: The list Shall Consist Of projects defining programs (a) The department, during any fiscal year, shall (e) Add a project as approved by the department 1. Any facility primarily designed to rapidly an for the interstate system; noninterstate road and not expend money, incur any liability. or enter into within funds available when the project is less than efficiently transport goods, and Passengers betwee bridge rehabilitation and replacement; traffic a S150,000 in cost and when the addition would not distant points. including, but not limited to, ,fera. any contract which, by its terms, involves the ex- ion blic transportation; and major new roa and penditure of money in excess of the amounts budget- cause a delay of existing projects or add a project as transport facilities, railroads, bus services, terminal '. 'jepu unts shall equal ed as available for expenditure during such fiscal approved by the department when the project is not freeways, expressways, maj .or arterial highways, be b d construction. Program anto approxi ad t d ed it mately 50 percent of the corresponding fund- year. Any contract. verbal or written, made in viola- funded with State Transportation Trust Fund man- highways, an Port facilities; or ed program in the biennium plan, except that higher tion of this subsection shall be null and void, and no 4 limits may be established by the department to ac- money shall be paid thereon. The department shall eys. 2. Any facility utilized in providing amass trans (f) Add to, delete from, or reschedule in the fund- system for a standard metropolitan statistical area. commDdate anticipated federal funding actions. Pro- require a statement from the comptroller of the de- ed 5-year construction plan projects implemented . (c) Standard metropolitan statistical are, ounts shall include all project phases. If any partment that funds are available prior to entering am from aid to local governments-public transportation '-The term 'standard metropolitan statistical arei w stated programs is not funded in the bienni- into any such contract or other binding commitment matching grants in order to reflect local government means a county Or group of contiguous countii n, the department may de termine an appro- 194 of funds. Nothing herein contained shall prefthe decisions; however, when any such addition, deletion, 195 which contain at least one central city of 50,000 it Ch. 334 TRANSPORTATION ADMINISTRATION F.S. 1983 F.S. 1983 TRANSPORATION ADMINISTRATION Ch. 334 habitants or more or "twin cities" with a combined (b) Upon request by local government bodies, ately prior to the hearing date in a newspaper of gen- shall be the government entities designated by the population of at least 50,000 or such other population the department may in its discretion develop and de- eral circulation for the area affected. Governor for membership in the M.P.O and the De- estimate as may be provided by law. sign arterial and collector streets, vehicular parking 3. A copy of the noticeof opportunity for public partment of Transportation, hereinafter referred to (d) Urban area- The term "urban area" means areas, and other support facilities which are consis- hearing shall be furnished to the U.S. Department of as the department. In the event there is a conflict be- an area including and adjacent to a municipality and tent with the departments's plans for major transpor- Transportation and to the appropriate departments tween the provisions of the section and s. 163.01, the other urban centers having a population of 5,000 or tation facilities. The department may render to local of the state government at the time of publication. provisions of this section prevail. mote as determined by the latest available federal government bodies or their planning agencies such 4. The opportunity for another public hearing (3) The Governor shall apportion the member- census or such other population estimates as may be technical assistance and services as are necessary so shall be afforded in any case when proposed locations ship among the various governmental entities within provided by law within boundaries to be fixed by the that local plans and facilities are coordinated with or designs are so changed from those presented in the the area on the basis of equitable population ratio State Department of Transportation. the department's plans and facilities. notices specified above at a public hearing as to and geographic factors. The governing body of each (e) Transportion corridor.- The term "trans- (5) SYSTEMATIC TECHNIQUES FOR PLAN- have a substantially different social, economic, or en- governmental entity so designated shall appoint the portation corridor" means a strip of land between two NING.- The department shall develop systematic vironmental effect. appropriate number of members to the M.P.O. from termini within which traffic, topography, environ- techniques for considering those factors to be used in 5. The opportunity for a public hearing shall be eligible officials. Representatives of the department ment and other characteristics are evaluated for developing comprehensive plans pursuant to subsec- afforded in each case in which the department is in shall serve as nonvoting members of the M.P.O. Non- transporation purposes. tion (2) so that any major transporation facility is so doubt as to whether a public hearing is required. voting advisors may be appointed by the M.P.O. as (2) DUTIES OF DEPARTMENT; COMPRE- planned that it will function as an intergral part of the (7) RULES AND REGULATIONS.- The De- deemed necessary. The Governnor shall reapportion HENSIVE PLANS REQUIRED.- Comprehensive overall plan for community and state development as partment of Transportation shall promulgate any the M.P.O. membership at least every 5 years. Metro- plans shall be developed by the department in con- portrayed in the comprehensive plans. rules and regulations consistent with its practices politan planning organization members shall serve juction with appropriate local governmental bodies (6) PROCEDURES FOR PUBLIC PARTICIPA- that it deems necessary in order to implement that 4-year terms. Membership shall terminate upon the and regional planning agencies, if any, for all stan- TION IN TRANSPORTATION PLANNING- provisions of the section. member leaving his elective or appointive office for dard metropolitan statistical areas and those ares (a) The department shall, pursuant to its rules history- a. 3 ch. 70-996; a. 1, ch 73-335; a. 1, ch 77-102 any reason, or by a majority vote of the total mem- which the department determines, based upon popu- and regulations, hold hearings for standard metropol- bership of a county or city governing body represent- lation projections, will become a standard metropoli- itan statistical areas and areas projected by the de- ed by the member. Vacancies shall by filled by the tan statistical area by 1980. Comprehensive plans for partment to become standard metropolitan statisti- 334.212 Coordinates of Central Florida original appointing body. Members may be reap- other urban areas shall be made when deemed neces- cal areas by 1980 as follows: Cooridor planning.- All future studies and plan- pointed for one or more additional 4-year terms. sary by the department. Priority for developing com- 1. A planning hearing, at which time the factors ning for the Central Florida Corridor shall be coordi- (4) If any municipality or county fails to fill an prehensive plans shall be given to areas in which im- included in subsection (2) shall be presented for dis- nated with the legislative transporation committees, assigned appointment to the M.P.O. within 60 days mediate construction of major transportation facili- cussion and comment. However, a hearing held on a local government, and technical advisory committees after notification by the Governor of its duty to ap- ties is anticipated. In developing comprehensive metropolitan urban area transit study or on an equiv- which shall by recognized as the official policy and point, that appointment shall be made by the Gover- plans, the department shall take in account: alent comprehensive planning study shall satisfy the technical committees for the Central Florida Corri- nor from the eligible representatives of the munici- (a) Future as well as present needs; planning hearing requirement if it is so stated in the dor project. paliity or county. (b) All possible alternatives modes of transporta- public notice of the study hearing. History.- s. 4. ch. 75-80 (5) The authority and responsibility of the tion; 2. A facility and site or corridor hearing, at a time M.P.O. is for the management of a continuing, coop- (c) The joint use of transportation corridors and prior to the selection of the type of types of major 334.215 Transportation planning organiza- erative, and comprehensive transportation planning major transportation facilities for alternative transport- transportation facility or facilities to be constructed tion.- process that results in the development of plans and tation and community use; and prior to the selection of the site or corridor of the (1) There shall be a metropolitan planning orga- programs consistent with the comprehensively (d) The integration of any proposed system into proposed facility; nization, hereinafter referred to as the "M.P.O.," es- planned development of the urbanized area. The all other types of transportation facilites in the com- 3. A design hearing, at a time after the selection tablished within each urbanized area where a plan- M.P.O. shall be the forum for cooperative decision- munity; and prior to the department's commitment to a spe- ning organization is necessary to meet federal re- making by principal elected officials of general pur- (e) The coordination with other development cific design proposal for the facility or facilities. quirements for obtaining and expending federal pose local government. plans in the community so as to faciliate and syn- (b) These public hearings shall be so conducted transportation funds. The M.P.O., a composite local (6) The M.P.O. shall be responsible for initiating chronize growth; and as to provide an opportunity for effective participa- governmental entity, or any successor thereto, shall federally aided transporation facilities and improve- (f) The total environment of the community and tion by interested persons in the process of transpor- be so designated by the Governor in any area where ments within its urbanized area in accordance with region including land use, entrepreneurial decisions. tation planning and site and route selection and in an M.P.O. is required by federal law or regulation. existing and subsequent federal and state laws and population, travel patterns, traffic control features, the specific location and design of transporation fa- (2) The voting membership of the M.P.O. shall rules and regulations related thereto. ecology, pollution effects, aesthetics, safety, and so- cilities. The various factors involved in the decision consist of not less than 5 nor more than 15 appor- (7) The department shall be responsible for initi- cial and community values. or decisions and any alternative proposals shall be tioned members, the exact number to be determined ating federally aided urban extension and interstate (3) COORDINATION WITH OTHER GOV- clearly presented so that the persons attending the on an equitable geographic-population ratio basis by system projects. Subsequent to July 1, 1979, an urban ERNMENTAL BODIES.- hearing may present their views relating to the deci- the Governor, except that in no case shall the county extension or interstate system project, which is part (a) In order to insure an integrated transporta- sion or decisions which will be made. commission members be less that 33 percent of the of the approved long-range transportation plan for tion system, the location of transportation facilities (c) Opportunity for public hearings: M.P.O. membership. All voting members shall be the urbanized area, shall be initiated by the depart- in urban areas shall be coordinated with the planning 1. The department, prior to holding a design or elected officials of general purpose government, ex- ment and included in the Transportation Improve- agency of the affected local governmental bodies. planning hearing, shall duly notice all affected prop- cept local governing bodies having two or more mem- ment Program with the approval of the M.P.O. When (b) In order to insure that the plan includes con- erty owners of record, as recorded in the property ap- bers on the M.P.O. may appoint, as one of their ap- such a project has advanced either to the point of ac- sideration of the convenience, safety, comfort, aes- praiser's office, by mail at least 20 days prior to the portioned voting members, a member of a statutorily quisition of right-of-way of after completion of all de- thetics, and ecology of the state and the community date set for said hearing. The affected property own- authorized planning board, transportation or ex- sign plans, it can be removed from the Transportat- in which the facilities are to be located, the depart- ers shall be: pressway authority, aviation authority, or port au- tion Improvement Program only by joint action of ment shall cooperate and consult with the U.S. De- a. Those whose property lies in whole or in part thority. In urbanized areas where authorities or other the M.P.O. and the department. partment of Transportation and with appropriate de- within 300 feet on either side of the center line of the agencies have been, or may be, created by law to per- (8) Major federal aid projects in the Transporta- partments of state government prior to determining proposed facility. form transporation functions that are not under the tion Improvement Program, and included in the first the location of any major transportation facility. b. Those who are the department determines will be jurisdiction of local elected officials, they may be con- 2 years of the department's 5-year construction work (4) REGIONAL OR LOCAL TRANSPORTA- substantially affected environmental, economically, sidered by the Governor of one voting membership program, which must be rescheduled by the depart- TION PLANS- socially, or safetywise. on the M.P.O. The M.P.O. shall be created under this ment, shall require notification to the M.P.O. at the (a) THe department may adopt local or regional 2. For all subsequent hearings, the department section and operated under the provisions of s. time such changes are made. transportation plans as part of, or in lieu of, the de- shall daily publish notices at least 14 days immedi- 163.01, the Florida Interlocal Cooperation Act of (9) The M.P.O. shall be responsible for transpor- partment's plans. 1969. The signatories to the interlocal agreement 196 197 TI ANSPORTATION DMINISTLIAT!0N F.S. 1983 ---- T109 --.A--- F.S. 19W.1 TRANSPORTATION ADMINISTRATION Ch. 334 tation-related air, noise, and water quality planning the M.P.O. and the department clearly estahlishint M.P.O. and shall appoint the nonvoting represents. (1) CONSULTANTCONTRACTING.-Theau- h IV within the urbanized area as assigned to it by federal cooperative relationship essential to accomplis a tives of the department in accordance with existing dit shall include a review of the need for consultants, or state laws or rules or regulations. transportation planning requirements of the applies. agreements between the M.P.O. and the department the process used to select consultants and award con- (10i The powers. privileges, and authority of the ble federal regulations, this section. and other con. or as deemed necessary in the absence of such an tracts, the administration of contracts by the depart- M.P.O. are those specified in this section and incor. trolling state statutes, including a. 3:14.02 and go. agreement. This subsection shall supersede the pro- ment, and the internal review process used it) develop porated in the interlocal agreement authorized under 163.MGI-163.3211, the Local Government Compre. visions ufaubsectinns (2) and (3) which, in whole or contract terms and conditions. In evaluating the se- ,. N3.01. The duties of the M.P.0. are described as hensive Planning Act. This agreement shall clearly in part, are in conflict herewith. lection and award process, the Auditor General shall those required by federal and state laws and rules efine the procedures for cooperatively carrying out 421) Each existing M.P.O. shall continue to func- specifically address the relative merits of alternative and regulations, now and subsequently applicable, the continuing, cooperative, and comprehensive tion until an M.P.O. for that urban@z@d area can be processes used by other gu%@ernmental agencies when necessary to qualify the urbanized areas of the state transportation planning process for the urbanized established under this section, but in no case shall contracting for similar wor In comparing the con- to receive all federal aid transportation funds for area. the existing entities continue to function after Janu- tracting methods used by the department with those which they are legally eligible as a consequence of the (13) The M.P.O. shall execute and maintain an ary 1, 1980. of other governmental agencies, the Auditor General proptr exercise of'such duties. Such duties shall in- agreement with the metropolitan and regional A-95 (22) Ali agreements, contracts, and other com. shall also make a detailed review of the deterinina- clude, in cooperation with the department, the ful- agencies serving the urbanized area. Such agreement mitments which are in force at the time that the ex- tion of fees. lowing functions, and as thesi functions may subse- s all describe the means by which activities will be isting M.P.O. is replaced by the M.P.O. established (2) CONSTRUCTION CONTRACTS.-The au- quently be amended or expanded by federal and " rdinated and specify how transportation planning under this section shall remain in force. Provisions dit shall include a review of construction contract state laws and rules and regulations: and programming will be part of the comprehensive for amending or canceling existing agreements, con- award processes and the internal process used to de- (a) Development of. planned development of the urbanized area. tracts, and other commitments, contained within velop contract terms and conditions and a review of 1. A multiyear planning program. (14) The M.P.O. shall execute and maintain an each such document, may be exercised by the NI.P. 0. the justification for supplemental agreements, time 2. A transportation plan. consisting of a agreement with publicly owned operators of mass after it has been legally designated. extensions, waivers of liquidated damage provisions, transportation services which specifies interaction es- (23) Upon notification by an agency of the Feder- and the adequacy of construction engine@ring inspec- long-range element and a transportation systems sential to an effective consideration of mass transit al Government that any provision herein conflic tions by the department. management element. ts 3. An annual unified planning work program. usage within the urbanized area. with federal laws or regulations, the federal laws or (3) QUALITY OF DESIGN PLANS.-The audit 4. An annual4- updated Transportation Improve- (15) Federal and state laws and rules and regula. regulations shall take precedence to the extent of the shall include an analysis of the quality of design ment Program, which shall consist of improvements tions presently existing or subsequently enacted re- conflict and unt , it is resolved; and such actions as plans used by the department and an analysis of the quiring other agreements shall be initiated by the are necessary to be taken to comply with federal laws cost effectiveness of consolidating all or part of the recommended from the transportation systems man- M P.O. if required to enable it to properly accom- and regulations in order to receive federal funds shall design functions Of the department into a single unit. agement and long-range elements of the transporta. plish its functions, be permitted. The Auditor General shall compare the relative mer- lion plan, and shall: (16) The M. P.O. shall appoint a citizens'advisory a. Identify transportation improvements recom- committee whose members shall serve at its pleasure. (24) Each metropolitan planning organization re- its and costs of performing design work in-house as mended for @dvancement during the program period. The citizens', advisor quired underthis section shall be fully operative no opposed to contracting with private consultants. y committee shall be selected, to k@ latty than 6 radritht following,.designktioh b@,the` (0,', R161-17-OFAVAY ACqUISITION"PRO- provi era ,,b. . Ind icatc the area's priorities; , 1 .1 1 id ' bioad-@cross-sectiliii oCiitizens 1witWdriAri Governor. 'CESS.-'The audit shall include a revie%@ 6f the ent ire 'r r*urgency and terest in the development of an efficient, safe. and HiSlOrY.- 1, Ch. 1, ch. 62 9 process used to acquire rights-of-way and, at a mini- c.- r6up ilrpid@;ddi?fiti@'of'simib&" anticipated staging into appropriate staging periods. cost-effective transportation system. Minorities, the mum. shall specifically address the appraisal and d. Include realistic estimates of total costs and elderly, and the handicapped shall be adequately 334.22 Annual reports- condemnation processes. revenues for the program period. represented. However, the M.P.O. may, with depart- (1) The department shall report to the Governor (5) ENFORCEMENT OF OVERWEIGHT e. Include a discussion of how improvements rec- ment and federal concurrence, adopt an alternate not later than 60 days before the meeting of ea h ses- LAWS.-The audit shall include an analysis of the ommended.fiom the long-range element and the program or mechanism which will ensure adequate c -a as transportation systems management element were citize sion of the Legislat ch change@ in the la%% enforcement of overweight penalties by the depart n involvement in the transportation planning the department ma)udreetseurmine as being expedient to ment and an analysis of the adequacy of the state's merged into the program. process. secure the best results in road construction and re- overweight genalties, ib@ Recommendation to the department and local (17) The M.P.O., in cooperation with the depart- pair work. (6) IN PE C TOR GENERAL'S FUNC- county and city governments regarding transports- ment, shall appoint a technical advisory committee (2) The department shall also file with the G over - TIONS.-The audit shall include a review Of Lhe ef- lion plans, programs, and projects to better ensure which shall include thexrofessional and technical 'heir compatibility with the long-range plans and nor not later than 60 days prior to such meeting of fectiveness of the department's inspector general planners, engineers, an other appropriate disci. each session of the Legislature a report covering the program and specifically address internal manage- programs of the M.P.O. plines employed by, or residing in. the signatory operation of the department for the preceding fiscal ment reviews Of consultant contracts and the use of (c) Representation of all the jurisdictional areas agencies of the interlocal agreement. year, which shall include a summary statement of the internal audit recommendations by the department within the approved urbanized limits in the formula- (18) Each M.P.O. shall receive its proportionate tion of those transportation plans and programs de- financial operations of the department and a-nv other in the award of contracts. The Auditor General shall share of federal planning funds for the jurpose of fiscal information that the Governor may requ'est. also analyze the frequency, with which such internal fined herein, and otherwise authorized by state and carrying out transportation planning an program- Hioury- 21. ch 29965, 1955; ", 23@ 35, ch@ 69 ILA:, 311. reviews are conducted and the efforts by the depart- federal laws and rules and regulations ming. 9 ment to implement recommendations made by its in- 1d) Performance of other duties deiegated to it by (19) Each M.P.O. may employ personnel or may 334.23 Annual audit by Auditor General. spector general. federal and state laws or rules or regulations. enter into contracts with other local and state agen- -The Auditor Generil shall make an audit of the (7) MINORITY PROGRAMS.-The audit shall (1-11 The M.P.O. is tobe responsible, in coopera- cies, as well as,private planning and engineering books and accounts of the department not less than include a review and analysis of the performance of tion-with the department, for transportation modes firms, to carry out the urban transportation planning once each year. The department is authorized to re- the department for at least the last 5 years in em- under the control of the Federal Highway Adminis. process required by 23 U.S.C. a. 134 and by chapter imburse the Auditor General for the expense of the ploying minorities and the use of minority business tration and the Federal Urban Mass Transportation 334. annual audit. A copy of the annual audit shall be enterprises in implementing the expenditure of both Administration or any successor agency. Other modes (20) Any other provisions of this section to the riled with the Secretary of the Senate and the Clerk federal and state dollars. The audit should also in- such as, but not limited to, air, intercity rail, water, contrary notwithstanding, any county chartered on- ofthe House of Representatives for the use and bene- clude a comparison of the. programs of the depart- and pipelines can materially impact on the future der 9. 6(e), Art. Vill of the State Constitution may fit of the members of the Legislature. ment with those of other states and recommenda- land use and transportation accessibility of urban- elect to have its duly elected officials serve as the 11i.fory- ?2.,h 2%65. 19M.. 8. ch. 69-11'% m 23.35. ch. 69 106. tions for improvements. ized areas. It is the intent of this section that an M.P.O. if the area represented is wholly contained M.P.O. should be involved in planning and program- within such chartered county. Any chartered county 334.235 Performance audits.-The Auditor The performance audits required by this section shall ming for such facilities to the extent permitted by electing to exercise the provisions of this section shah General shall conduct periodic performance audits, first be submitted to the Legislature on or before federal and state laws, rules, regulations, and avail- notify the Governor in writing. Upon receipt of such as defined in a. 11.45, of the following functions and February 1, 1984. Thereafter, the Auditor General able funds. notification, the Governor shall forthwith designate processes of the department, which audits shall in- s@hall make performance auqits of department func- (12) There shall be a written agreement between the elected officials of such chartered county as the clude, at a minimum, a review of- tions or programs identified in this section or of other 198 199 0 0 Ch. 334 NSPORTATION ADMINISTRATION F.S. 1983 department functions or programs whenever directed (e) Keep on file at the division headquarters cop- to do sp by the Legislature or the Joint Legislative ies of same as a public record. Auditing Committee. The Auditor General shall also (2) The division is hereby authorized to enter report to the Legislature on the efforts made by the into contracts from time to time with the universities department to rectify problems noted in prior audits. of higher learning within the state for the training of engineers, making of engineering research studies and the furnishing of data concerning same in the 334.24 Road appraisal reports; research fields of suit stabilization, properties of concrete and studies.- concrete aggregate, bituminous wearing surfaces and 11) The Division of Road Operations of the De- pavements, and other highway research fields which partment of Transportation shall: are needful and beneficial in the planning, construc- (a) Collect data and information as to all roads in tion and improvement of public highways. The divi- the state, and where practicable have maps and plats sion is authorized to pay for such services out of the thereof made; State Transportation Trust Fund. History. 23. A. 29965,l955; s ch. 63-174; ss.23.35. Ch. 69-106; (b) Investigate and collect data and information 3. Ch 73-37. as to the best methods and materials for road build- Note.-See a 1, ch. 81-209 which recoganized, in part, the division structure ing and repair; (c) Investigate and gather information as to road 334.25 Seal of department.-The Department building and repairing in the different localities in of Transportation shall adopt and use a common seal, this state; and a certificate under seal and signed as provided by (d) Compile all such data and information, and regulation of the department, shall constitute suffi. furnish the same free, upon request, to the boards of cient evidence of the action of the department. county commissioners of the several counties; History.-S. 24. Ch 29965.1955. 23,35. Ch, 69-108 200 s338.235 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 P.338.244 6.339.036 1984 SUPPLEMENT TO 2. The willingness to contribute toward the cost cash reserve retained in the fund, which reserve shall 339.24 Beautification of state transportation fa- of facility construction; not be less than 10 percent of the unpaid balance of cilities. 3. The type and quality of the service or product all turnpike improvement obligations outstanding at 339.241 Florida Junkyard Control Law. offered; any time. 339-25 Trees and shrubbery; removal or damage; 4. The price structure of the service or product instary- 3 ch. 63-257;C I ckfil-lbkw 2. &ch. 67-371;w 23.31.36. penalty. cb.040s,.59:6. 111.190 1:cL1a-162-2Q1.& 0,1409. offered; N.1s. -F.,. W35. 339.27 Fishing from state road bridges; walkways 5. Management experience and capabilities; authorized. 6. The national brand names offered; 338.244 Prohibition against certain expend- 339.28 Willful and malicious damage to bounda- 7. The originality of the concept and its relation- itures for publicizing or advertising turnpike ry marks, guideposts, lampposts, etc. on ship to the turnpike system; projects.-No funds appropriated to the Depart- transportation facility. a. The lease rate; and 9. Other factors that the department may deem ment of Commerce shall be expended for publicizing 339.281 Damage to transportation facility by ves- or advertising any turnpike project constructed un- sel; marine accident report; investiga- pertinent. der the provisions of as. 338.22-338.244. tive authorities; penalties. (b) To afford users of any turnpike project area* 17.21M.d.69.10k. 339.30 Unlawful use of limited access facilities; History la ch- 29634.1953;L24. ch.67.1;m sonable choice of motor fuels of different brands: 1,kL 73A3:- penalties. 1. No person shall operate more than 50 percent 340.34. 339.301 Unlawful commercial use of state- of the service stations on the turnpike system. maintained road right-of-way; penal- 2. No single brand of motor fuel, identified by the ties. rademarks. trade names, or brands of any one su- 339.305 Payment of toll on toil facilities required; plier, distributor, or retailer of such fuel. shall be sl CHAPTER 339 exemptions, at more than 50 percent of the service stations on the 339.31 Obstructing highway. turnpike system or at more than one service station TRANSPORTATION FINANCE AND 339.32 Microfilming of rewards by department. at the nine service plaza. 4-7&- & MISCELLANEOUS PROVISIONS 339.33 Road signs may be manufactured at state 231281. 2&A.hLW1o6; L.L. 1-4; . dL 544L & 193. ch. 64-3W prison. N.s.-Dr,ki- 3-Mit 339.035 Expenditures. 339.34 Copy of laws to be furnished to depart- 339.04 Disposition of proceeds of sale or lease of ment- 338-237 Municipal signs on turnpike rights- realty by the department. 339.35 Priotiontracts, validated. of-way; limitations.- Any incorporated municipal- 339.05 Assent to federal aid given. ty may maintain signboards along and upon the 339.06 Authority of department to amortize ad- right-of-way, of any turnpike project constructed vaziceme from United States. I I I 339.O51 Expentlitures.-Allitpe hereunder, provided such signs meet the specifica- the department shall be mad upon vouchers issued tions as to location, frequency, construction, and de- Waid expended under supervision i sucli, iii 339.07 4We ied by the department in such manner as U the department may. by rule or internal management sign which are prescribed by the department. Any 339.08 as of moneys in State Transportation such signboard shall not advertise any private indus- Trust Fun, . memorandum as required by chapter 120, provide try, business, or attraction, but shall advertise only 339.0805 State Transportation Trust Fund; speci- and shall be paid by warrants issued by the Comp- the community or area placing such board upon the fied percentage to be expended with troller upon the Treasurer. turnpike project. small businesses owned by socially and Instmy- 11. ck wD551 IS&L. m XX as-Ift. MA, ch 84-3ov, History- Ia.,ch.23 1W, 23. A bL WloG; 1. L ML . 2A N.t.-r- 334.21 . 84M economically disadvantaged persons; a f-. 3414c construction management development 339.04 Disposition of proceeds of sale or program; bond guarantee program, lease of realty by the department. Any money 338.239 Traffic control an turnpike projects.- 339.081 Department trust funds. derived from the sale, lease, or conveyance of any (1) The department is authorized to adopt rules 339.083 County transportation trust fund; con- property by the department shall be deposited into with respect to the use of a turnpike project, which trols and administrative remedies. rules shall relate to vehicular speeds, loads and di- 339.089 Use by counties of the surplus from the the State Treasury and placed in the State Transport- ation Trust Fund. mensions, safety devices, rules of the road. and other constitutional gas tax. history 136,ch, 29m. 19W- & 2,cb. wtol, I matters necessary to carry out the pur es of as. 339.09 Use of transportation tax revenues; re- ch 7 1-391. 2. 3. th. 7367; & 2A c1L 844D9. 338-22-338.244. Insofar as such rules may 2Vilonsis- strictions. tent with the provisions of chapter 316, such rules 339.092 Use of gas revenues; state roads money. 339.05 Aooent to federal aid given.-The shall be controlling. A violation of such rules shall be 339.10 Confirming advances of first gas tax state hereby assents to the provisions J the Act of punished in accordance with a. 316.655. funds to counties; authorizing advances 0 (2) Members of the Florida Highway Patrol are f proceeds of tax on sales of motor and Congress approved July 11, 1916, known as the Fed- o erai Aid Law, which Act of Congress is entitled "An vested with the power, and charged with the duty, to special fuels in the future. act to provide that the United States shall aid the enforce the rules of the department. Expenses in- 339. 12 Aid and contributions by governmental states in the construction of unusual post roads and for ttred by the Florida Highway Patrol in carrying out entities for construction or mainte- other purposes," and assents to all subsequent its powers and duties under as 338.22-338-244 may nance of roads in State Highway Sys- be treated as a part of the cost of the operation of a tem; federal aid. amendments to such Act of Congress and any other turnpike project. and the Department of Highway 339.1K Covenants to complete on revenue- act heretofore passed or that may be hereafter passed Safety and Motor Vehicles shall be reimbursed by producing projects. providing for federal aid to the states for the con- the Department of Transportation for such expenses. 339.135 Budgets; preparation, adoption, execu- struction of highways and other related projects. The 53 10 23 24.35, cL 69-106; & 244, ch, - I- department is authorized to make application for the "jacary-.23 3.19 tiun, and amendment. advancement of federal funds and to make I con 16 em14371 tracts and do a things necessary to cooperate with N., 339.145 Working Capital Trust Fund; expenditure -rq-, . uo 23 of such funds. the United States Government in the construction qo 338.241 Cash reserve requirement.-The 339.147 Audits by Auditor General. roads under the provisions of such Acts of Congres budgut for the Turnpike Project Improvement Fund 339.149 Performance audits. hali be so planned as to exhaust the funds estimated 339.155 Transportation planning. and all amendments thereto. to be available the year with the exception of a 339.175 Transportation planning organization. IlLatory- tAch. 2MS. WE- 204,sh.64-3139. 552 S. 13_9895 P.339.081 1984 SUPPLEMENT TO FLOR 1981 SUPPLEMENT TO FLORIDA STATUTES 1983 partment can clearly demonstrate that for for reasons of quirements; state and federal tax requirements; slid 339.081 Department trust funds.-The 3 expediency or efficiency it is in the beat interests of strategies for obtaining loans, bonding, and joint ven- Comptroller shall maintain within the State Trea. fun the department to contract with the Department of ture agreements. sury the following trust funds for the department: cee Corrections. Ib) On-the-job instruction will consist of, but is (1) The State Transportation Trust Fund, to in t (b) Funds appropriated from the State Transpor- not limited to, setting up the job site; cash flow meth- which shall be credited the proceeds of the gas tax as tation Trust Fund for economic development proj- ods; project scheduling; quantity takeoffs; estimat- authorized by chapter 83-3. Laws of Florida, and a acts before July 1, 1985, may be used by the Depart- ing; reading plans and specifications; department such other funds which accrue to the department tail ment of Commerce fur any project-authorized by a procedures on billing and payments; quality assess. S.63, the provisions of subsection (2) to the con- ment and control methods; and bid preparation which are not required to be maintained in separate roa trust funds. (I trary notwithstanding. methods. ry - 13 ch. 190. IM; L ch. 31416. 195k c 19, ch 57-318; 1. (c) Contractors who have demonstrated satifac- (2) The Working Capital Trust Fund created by stru 21;4.,h 69 CC . 13. ch. 7.16S; 4. ch 1741C 1. Ch a. 339.145 for the efficient operation of the depart- Hig 1:3 lh, 9 1W. I chW-112. 1, 1. lh62. Lt, d. d, 1. b tory project performance, as defined by the depart ment. Of j A 3, ch, W 119. ment, can be exempted from the provisions of para- graphs (a) and (b). but shall pay the registration fee (3) The ACI Revolving Trust Fund as provided or a 39.0805 State Transportation Trust Fund; and be validated as meeting the minimum eurricu- for in s. 335.035. am specified percentage to be expended with small lum standards of proficiency, in the same manner as (4) Such other funds as may be authorized by (2 businesses owned by socially and economically participants who successfully complete the construc- bond resolutions or agreements with any other public qluel disadvantagcd persons; construction manage. tLon management development program only if they bodies or agencies. &am ment development program; bond guarantee intend to apply for funds provided for in subsection. M60,Y- 1, ch. 61-492; w U 35. Cb6 W10d; w 2. 1. ck -357; . 39. 54, Sta program- (3). & 93-3; 200,h. 84.3N. (3 1) Except to the extent that the head of the de- (d) The department shall develop, under contrac or part ment determines otherwise, not less than 10 per- with the State University System, the communit 339.083 County transportation trust fund; tric cent of the amounts expended from the State Trans- college system, a school district in behalf of its voca- controls and administrative remedies.-ITrans- Part Earton Trust Fund shall be expended with small tional technical center, or a private consulting firm, ferred to a. 336.022 by a. 63, ch. 84-309.) Ruc useness concerns owned and controlled by socially curriculum for instruction in the courses that wi brid and ecnomically disadvantaged individuals as de- lead to a certification of proficiency in the constrUL th 339.089 Use by counties of the surplus from ap c fined by a. 8(d) of the Small Business Act (15 U.S.C. tion management development program. the constitutional gas tax.-Amended and trans- (4 s 63 (d) and relevant subcontracting regulations (3) The head of the apartment is authorized t ferred to a. 336.023 by & 64, ch. 84-309.1 promulgated pursuant thereto. In fulfilling this man- expend up to 4 percent of the funds specified in sub- proc date. the department shall utilize every means section (1) on a bond guarantee program for partici- with able to it. including but not limited to, goals anadset- pants who are certified under subsection (1) and who 339.09 Use of transportation tax revenues; of t asides for competitive bidding and contracting only meet the minimum curriculum standards of profi- restrictions- road y, bween, and among those firms which are certi- ciency. The state will guarantee up to 9 percent of a (1) Funds available to the department shall not con d by the department as socially and economically bond amount of S250,0DO, or less, and 80 percent of a be used for any nontransportation purpose. However, with disadvantaged business enterprises and which are bond amount greater than $250,000, which bond is the department shall construct and maintain roads, men prequalified as may be appropriate. It is the policy of provided by an approved surety. However, in addi- parking areas, and other transportation facilities ad- trus the state to meaningfully assist socially and economi- tion to the requirements of paragraph (2)(c), a person jacent to and within the grounds of state institutions, ceiv cally disadvantaged business enterprises through a participating in the bond guarantee program must public community colleges, farmers markets, and net program that will provide for the development of place 5 percent of the contract amount in reserve wayside parks upon request of the proper authorities. d skills through business management training, as well with the department until final acceptance of the (2) The department may in Cooperation with th and as financial assistance in the form of bond guaran. project, in order to receive a bond guarantee fe. The de- Federal Government, expend transportation tax re in n tees to primarily remedy the effects of past economic partment shall not commit funds for this program enues pursuant to rules adopted by the department, &me disparity. Such competitive seated proposals may be which are in excess of those funds appropriated spa- for control of undesirable rodents. relocation assist- tion tween small business the rlt of joint ventures be cifically for this purpose. ance, and moving costs of persons displacecoby high. deal concerns which are owned and controlled by socially (4) Within I year after implemination of this way construction to the extent, but only to the ex. stru and economically disadvantaged individuals and oth- section, and every year thereafter, the head of the de- tent, required by federal law to be undertake by the burs er subcontractors. partment is required to report the progress of this state to continue to be eligible for fe highway with n 2 The head of the department is authorized to program to the President of the Senate. the Speaker funds. dered i (6 expend up to 6 percent of the funds specified in sub- of the House of Representatives, and the Governor. (3) The department may expend transportation sect c in 4 1) which are designated to be expended on The report shall include, as a minimum the number tax revenues, pursuant to rules adopted by the de- the small business firms owned and controlled by socially of users of the bond guarantee plan, along with the partment, on non-federal-aid projects which shall in. mon anseconomically disadvantaged individuals to con- number of defaults and dollar lo to the state; the clude relocation assistance and mov. duct, y contract or otherwise, a construction man- number of students participating in the construction costs to per. any agement development program. Participation in the management development program by urban loca- sons displaced by transportation facilities or other re- any program will be limited to those firms which are cer- lated projects. Such rules shall, in no case, exceed the &ion tion; the number certified and not certified; the cost tified under the provisions of subsection (1) by the provisions of the Federal Uniform Relocation Assist- Ht, department or the federal Small Business Adminis- of the program categorized by cost of administration, ance and Real Property Acquisition Act of 1970. The ch. 711. ratin or to anv firm which has annual gross receipts cost of instruction (on-the-job and classroom), and department has the authority to carry out its respon- not exceeding 2 million dollars averaged over a 3-year cost of stipplies; and a comparison figure of these sibilities under this act; however, such authority does 3 firms certified by the department under subsection pro period. The program will consist of classroom m- (1) over the and the same figure for socially and not extend to the power of eminent domain. Whenev- ruin and on-the-job instruction. The registration economically disadvantaged contractors prequfied er possible, such costs shall be financed out of funds fee shall be set to cover the cost of instruction and, to perform prime contracting work for the depart- used for the principal project. the overhead. No ialan ill be paid to any participant. 140. ch. 29965, 1956; - 1. A, 63.3M. ch. 69233, . 17. 21, with ment. 15, ch.69106;. 7.h 7.1139, 1,ch.72 208;..70.,h.1222t. 1.h ;3 28a; Shal [a) Classroom instroction will consist of, but is (5) The department shall promulgate rules for 1. ch, 77174; . 57, 2W. ch, 94.309. not on limited to, project planning methods for identify- implementing the directives contained in this Qc- Hov ing ma elopment and financial resource tion 339,092 Use of gas revenues; state roads cost I, okkerping: state bolding and bonding re in,i-Y. im h M oi. , 1, ch. 84 1,0 money.- Iliepealed by 9. 210, ch. 84-:309.1 of t 5 5 4 s.339.125 1984 SUPPLEMENT TO FLORIDA STATUTE9 1983 e.339.135 4.339.135 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 9.339.135 (2) The department shall not use or pledge the not apply to any revenue-producing project approved in paragraph (8)(b). At any time during the last 2 list shall consist of projects defining programs for the moneys in the State Transportation Trust Fund on by the Legislature prior to July 1, 1978. months of the fiscal year, the emergency work reserve interstate system; naninterstate road and bridge re- any reven us -producing transportation project with- W.1-y- 213. ck 94-309. or any portion of it may be used as provided for here- habilitation and replacement; traffic operations; pub- out legislative approval. This limitation on pled ing in. lic transportation; and major new road &nd bridge such moneys shall in no way impair the ability 011h. 339.135 Budgets; preparation, adoption, ex- (5) FUNDING AND DEVELOPING A TRANS- construction. Program amounts shall equal ap i department or the counties to enter into covenants to ecution, and amendment.- PORTATION PLAN.- mately 50 percent of the corresponding fundexroll.'* complete transportation projects from all other legal- (1) FISCAL YEAR.-The fiscal year of the de- (a@l. A plan of work to be undertaken durin the gram in the biennium plan, except that higher limiU ly available funds. 3uartment shall begin July I of each year and end on ensuing budget year shall be prepared for the tate may be established by the department to accommo- (3) No state bonds shall be sold for any revenue- ne 30 Of the succeeding year. Such fiscal year con- Transportation Trust Fund and each restricted fund, date anticipated federal funding actions. Program unless otherwise provided by law. setting forth all amounts shall include all project phases. If any of producing transportation project if the proceedings stitutes a budget year for all operating funds of the 7 aut@ ri.-ing such bonds include a covenant to com- 1eF2a)r1,,n1 f rojects to be undertaken during such budget year. these stated programs is not funded in the biennium plete by the department from the moneys in the FIDNG OF BUDGET.-The department ;or each budget year, the transportation plan of the plan. the department may determine an appropriate State Transportation Trust Fund until the depart- shall file each budget in the manner required by annual program budget shall be for the ensuing 5 "Ount not to exceed $50 million. Projects ment has made cost esti chapter 216, except that the right-oUway, construc- years and shall be referred to as the ^5-year transpor- P!0 r:m mates based on the most cut- it9i e:h Program shall be prioritized based on rent information available after approval of the final tion, and maintenance plan expenditures and all iation pim' The total amount of the 5-year trans- need. The project list shall be independent of the 5- environmental impact statement for such project and grants and aids of the department shall be set forth portation plan in each fiscal year shall not exceed an year transportation plan, except that funded 'ects has determined based an such estimates that the pro- only in total in such budget with the project details amount that would prevent the department from in later years of such plan may be includ.X'i.' the jected available funds for any such project, excluding to be submitted as provided in subsection (5). meeting the expenditure requirements for the prol. tyropject list and advanced to " eatlie at if "tified the use of such moneys pursuant to a covenant to (3) PROPOSED ANNUAL PROGRAM BUD- ects set forth therein. iority. The list shall be .biVel he le;Wla- complete, are sufficient to pay for such project. Toll GET.-The de artment shall prepare a proposed an- 2. The 5-year transportation plan shall include a tive appropriations committees prior to the start of increases of 20 percent every fifth year or as deter- nual program Eudget pursuant to the budgets sub- of construction, tiFhts-of-way land acquisi- the regular legislative session. tion catego. (6) PUBLICATION OF THE PROPOSED AN- a mined by the Division of Bond Finance may be used mitted as provided by ch t ' 216. tton, &.7p'ublic transportation apprgria r in conjunction %ith the calculation of projected avail- (4) NATURE AND SKIPE OF THE ANNUAL ies to show the amounts programm in each appro- NUAL PROGRAM BUDGET.- able funds. No additions shall be made to any reve. PROGRAM BUDGETS.- priation category by district. (&) The department shall appoint a time and nue-producing project for which a covenant to com- (a) The proposed and final annual program bud- 3. The 5-year transportation plan shall be devel. placLIor a statewide public heazing on the proposed plete from such moneys has been made which would gets required by subsections (3) and (7) shall present oped in conformance with the provisions of s. an. program budget 'and'8-year transportation expand the scope of such project unless such addi- a complete, balanced financial plan for the State 339.155(6)(e). Projects shall not be undertaken unless ;Ian prepared for the State Transportation Trust tions are specifically approved by the Legislature. Transportation Trust Fund and the restricted funds. they its listed in the 5@year transportation plan. und ad restricted funds as required herein, @qt For the purposes of thWicibsection, the term "project (b) The receipt side of such budgets shall set Such plan shall be developed, cooperatively from the 'Which,time it shall- bear -aU.questiorLs,,@sukgeitiorg, or sc( th poin%. the nuxab@r. 9 in-. f(?FXh 0 ainticipaW,fund-balhneq to'be'lir'O' lat'40- "'outserwith-14 vasiotiii wetroi'soll tAn'plain V 'bifiir'conmefits o'ffered'by thi pit ,blic in iegird to ,%a par tio as-approv the '*ard i6fi 'hi *n'n't'g'o'f the budget yiar.' T e fun I IMP) L such budget. ilnj6S@an @ra as ad,U. u nizations of the state. The 5-year tramportat e 11 n rg d _@Legllaiure- No contingency funds in the construc. balance the ifference between the current assets shall include, to the maximum extent feasible, trans. (b) At least 5 days prior to the date set for such [:on trust fund for any revenue-producing project for and the current liabilities and reserves, as commonly portation plans. project priorities, and transportation hearing, there shall be published once in one of the which a covenant to complete from such moneys has defined in accounting terminology, of each fund enu- improvemenit programs of metropolitan planning or- newspapers of general circulation in the state in each been made shall be ex ended for any purpose other merated herein. It shall set forth by source all esti- zations. The department shall provide a metro- of the transportation districts a notice of the time than such project untiFthe completion of such proj- mated revenues and receipts anticipated to be avail- gXhita. planning organization with written justifica- and place of the public meeting for considering such ect; however, such funds may be expended for other able during the ensuing year for which the budgets tion for the rescheduling or deletion of a project proposed annual program budget, together " ith a no- purposes if permitted by the proceedings authorizing are prepared, except that no anticipated recei ts esti- which is part of the metropolitan planning organiza- tice that such budget and the 5-year transportation such bonds and if the department certifies to the Ex- mated to be received from various fedeTal-SiTaCtS Of tion's transportation improvement program from the plan of the depart ant are available for inspectio ecutive Office of the Governor that such contingency Congress shall be budgeted in excess of the amount 5-year plan. by the public at the office of the clerk of the circuit funds are not required for the completion of the ptoj- which may be earned by the amount of state receipts (b) Prior to the annual adoption of the 5-year court or chairman of the board of county commis ect and are available and sufficient for such other set aside to match such federal aid; and the state transportation plan, the department shall hold a sioners. purposes and the Executive Office of the Governor funds thus set aside to match federal-aid funds shall public hearing in at least one urbanized area in each (c) A copy of the proposed annual program bi apdroves such certification in writing to the depart- be used only for such matching purposes. The de- of the transportation districts and shall make a pre- get and 5-year transportation plan shall be furwa, M".1t. partment shall, prior to thepreparation of the bud- sentation at a meeting of each metropolitan planning to the office of the chairman of each board of cc@ (4) In any lease-purchase agreement or trust in- gets, ascertain the amount of apportionments of fed- organization to determine the necessity of making commissioners and another COPY 6hall be fUr1L;_-' denture, which includes a covenant to complete by eral-aid funds which are, or which are estimated to any changes to projects included or to be included in I a ch clerk of the circuit court, together @% ith a no- the department from the moneys in the State Trans- be, available to the department for expenditure in the 5-year transportation plan and to hear requests tice of the public hearing referred to above. The clerk poriation Trust Fund, the department shall provide the fiscal year for which the budgets are prepared; for new projects to be added to, or existing projects to shall post at the front door of the courthouie a copy for the expeditious repayment of any and all costs in- and the department shall budget sufficient funds for be deleted from, the 5-year transporta@on plan. The of the public hearing notice at least 5 da, - prior to curred by the department as a result of the covenant matching purposes. metropolitan planning organization may request, in the date of the hearing, along with a notior that the to compiete the transportation project. Such agree- (c) The expenditure side of the annual PtOgTBM w riting to he appropriate district office, further can- proposed annual program budget and 5-year trans. ments shall provide for such repayment from excess budgets shall set forth the proposed expenditures of sideration of any specific project not included or not portation plan of the department are available for t,,Ils or constitutional gas tax proceeds not required the department as classified by major program and adequately addressed in the 5-year transportation public inspection during his regular office hours. A for payment of principal, interest, reserves, and other appropriation categories to accomplish the objectives plan. The head of the department shall acknowledge copy shall also be provided to each municipality required deposits for the bonds and for the annual of the department. and review all such requests and include them in the which has a population of 3,000 persons or more. The reimbursement from toils or other local nioneys or (d) The annual program budgets for the State deliberations of the department prior to the submis. department, upon request, shall provide a copy to both, to the extent legally available, of all operating Transportation Trust Fund and restricted funds, un- &ion of the 5-year transportation plan to the Legisla- any person at cost. and maintenance costs of the facilities. as provided less otherwise provided by law, shall be so planned as ture. (7) ADOPTION OF THE FINAL PROGRAM b,, the applicable provisions of the State Constitution to exhaust the estimated resources of each fund for (c) The 5-year transportation plan prepared un- BUDGET AND 5-YEAR TRANSPORTATION and the bond proceedings. A lease-purchase agree- the year, with the exceptions of an emergenci; reserve der the provisions of this subsection shall be submit. PLAN OF THE DEPARTMENT- ment must also include a statement that changes to (in such amount as the department deems necessaryl ted to the legislative appropriations committees prior (a) In accordance with the appropriations aM the the operating characteristics of the project toll- for the purpose of doing emingency work which may to the start of each regular legislative session. department prior to the beginning of the fiscal collection system cannot be mt-de without the con- be found to be necessary to be dure during the @ear (d) Beginning with the 1983-1985 biennium, the Y. 'd adopt a final program budget and P,.P.,:h currence of the department, if such changes would af- in order to prevent the stoppage of travel over anY department shall develop and maintain a list of proj. 5-year transportation plan in accordance with the fect department personnel and Finances. transportation facility over which the departmen, ects that could be made prod uction- ready within the foregoing requirements, which may include only (5) Th ion% of subsections (3@ and (4@ do has juri5diction and control and the reserve Tcquirtd biennium to use additional sources of revenue. The those projects submitte f the 5-year trans- 556 557 00 be obtained from any trust fund or funds under the cost-effeqc portion plan prepared under the provisions of Para- ficiency, the Executive Office of the Governor is au- design fun graph (5)(a). In the event that additional revenues thorized to transfer the excess to the deficient ac- control and custody of the department. The Workin are appropriated in excess of those requirerd to fund count. Capital Trust Fund may be used to pay any and all The Audi the projects contained in the 5 year transportation (9) AMENDMENT OF THE FINAL ANNUAL bills of the department; however, in the suceecling plan developed pursuant to paragraph (5)(a), such PROGRAM BUDGET AND 5-YEAR TRANSPOR- month, the' propriate trust ftmd shall reimburse revenues shall be utilized only on projects developed TATION PLAN.-The department has the authori- the Working a capital Trust Fund for an expenditures in accordance with the provisions of paragraph (5) ty to amend its final annual program budget and 5- Properly attributable to such reimbursing best fund. CESS.6q-qI (d) year transportation plan at any time during the fiscal (2) The department is authorized to use a single process us (b) Projects shall not be undertaken unless they year as follows. It may: cash control for the fund charges for other It d t en mum, sh (a) Transfer within the some fund any unencum- are listed in the annual transportation plan. Howev- titie s on a unit-cost basis fair services rendered condeqmna er, in case any project listed in such plan cannot be bered budget item, or any portion thereof, from one Burns Data Center and Centralized Mobile E (5) qE ment and Warehouse Operations budget enqguip- undertaken during that year for any justifiable rea- activity to another. tities. LAWS.- son, then another project listed in order of priority in (b) Transfer between the State Transportation. The department shall maintain adequate internal enforqcem ion records to record these charges and reflect these as ment and the 5-year transportation plan may be undertaken. Trust Fund and the restricted funds or between re- commitments on a quarterly funding matrix report to weight qa This provision does not apply to unforeseen emer- stricted funds, within the provisions of the restric- be submitted to the Executive Office of the Governor (6) gency projects approved by the department. tions by law or by agreement as to the expenditure of no later than 20 calendar days after the close of each The audit (8) EXECUTION OF THE BUDGET such funds, any unecumbered funds. calendar quarter. In addition, the appropriation cate- of the ins (a) The department, during any fiscal year, shall (C)Budget in the proper fund and expend any re- entitled "Payments for Centralized Support and spec not expend money, incur any liability, or enter into ceipt not anticipated in the adoption of the budget ervices and "Data Processing Services" shall con- views of any contract which, by its terms, involves the ex- or receipts in excess of the total anticipated receipt& I tinue to be reflected in the legislative budget system audit reqc penditure of money in excess of the amounts budget- in the adopted budget. I as specific appropriations. award of ed available for expenditure during such fiscal (d) Substitute a project in the adopted 5-year HiSTORY.- 1, ch 72 47;. 1.ch. 63-23 2.c 21h- 64-309. analyze year. Any contract, verbal or written, made in viola- transportation plan for any other project in such .4W F-, 311 2103 qtqj Views tire tion of this subsection is null and void, and no money plan; however, when any such substitution results in ment to i may be paid on such contract. The department shall the delay of the right-of-way or construction phase of 339.147 Audits by Auditor General.-The de. spect qor g require a statement from the comptroller of the de- a project estimated to cost in excess of $500,000, the partment is authorized to reimburse the Auditor (7) M partment that funds are available prior to entering department shall notify the legislative appropriations General for the expense of any audit of the depart- into anysuch contract or other binding commitment include a committees and transportation committees. The ment when the funding of such audit is specifically the depar of funds. Nothing herein contained shall prevent the transportation committees shall notify each member provided for in the a arropriations act. A copy of making of contracts for periods exceeding 1 year, but of the Legislature who represents the district or dis- it of Me p for the such audit shall be tied with the Secretary o enterprise any contract so made shall be executory only for the tricts affected by the substitution. Such notification Senate and the Clerk of the House of Representatives value of the services to be rendered or agreed to be shall include the name, location, and estimated costs for the use and benefit of the members of the Legisla-, federal a paid for in succeeding fiscal years; and this paragraph clude a c of any project that is advanced in the adopted 5-year ture ent wit shall be incorporated verbatim in all contracts of the 1 1 1 41t-7- 22. ch. V965. 1933; , S. ch. 69-82; u. 23. 35. ch. -109 . 216.M transportation plan as a result of the delay of another tions for department which are 'for an amount in excess of project. Prior to any such substitution. the depart- ch. 94. $25,000 and which have a term for a period of more ment shall also notify any local governmental entity .3 34.23. The to than I year. transportation in which such project is located. 339.149 Performance audits.-The Auditor first be qa (b) In the operation of the State Tramsportation (e) Add a project as approved by the department General shall conduct periodic performance audits, February Trust Fund, the department shall have on hand at within funds available when the project is less than as defined in a. 11.45, of the following functions and shall mak the close of business. which closing shall not be later $150.000 in cost and the addition would not cause a processes of the department, which audits shall in- tions or p than the 10th calendar day of the month following delay of existing projects or add a project as ap nu the end of each quarter of the fiscal year, an available , at a minimum, a review of: cle tme (1) CONSULTANT CONTRACTING.-The au- to pqr proved by the department when the project is not do cash balance (which shall include cash on deposit funded with State Transportation Trust Fund men- so it shall include a review of the need for consultants, Auditing the process used to select consultants and award con- report to with the treasury and short-term investments of the department) equivalent to not less than 5 percent of (f) Add to, delete from, or reschedule in the tracts, the administration of contracts by the depart- departmemt Ihe unpaid balance of all State Transportation Trust adopted 5-year transportation plan projects imple- ment, and the internal review process used to develop fil.- fund obligations at the close of such quarter. In the mented from aid to local governments-public trans- contract terms and conditions. In evaluating the se- No-qFq. event that this cash position is not maintained, no further contracts or other fund commitments shall be portation matching rants in order to reflect local Jection and award process, the Auditor General shall government decision however, when any such addi- specifically address the relative merits of alternative 339.15 approved, entered into, awarded, or executed until d letion, or rescheduling results in the delay of (1) D the cash balance, as defined above, has been re- tion, e processes used by other governmental entities when the right-of-way phase or construction phase of a contracting for similar work. In comparing the con- section, t gained. pect estimated to cost in excess of $500,000, the tracting methods used by the department with those (a) T (C) Unless otherwise provided in the General AP- ired in paragraph fill shall otification process requ of other governmental entities, the Auditor General the govqer propirations Act, and unexpended balance remaining be observed. shall also make a detailed review of the q4etermina- other l qoca at the end of the fiscal year in the appropriations to History_ ( 20. ch 6 6 7 - public aqg the department for special categories, aid to local .1 1. h 69 316; .. 23,35.6. 694, 1. 2. ch TO . 1. , h ; 1. 1. h7.1 58; s 1. h 75-3; & 1. ch 62 31; s. 1, Ch 8323 1; s 2 14,,h (2) CONSTRUCTION CONTRACTING.-The gionaql pl governments, and lump sums for projects which are I., h. 81 332 audit shall include a review of construction contract nizatin qo, part of the multi,ear work program may be certified @,-_;j:@. .,d, f., 334 21. award processes and the internal process used to de- authority fmrd as fixed capital outlay until these funds have velop contract terms and conditions and a review of lished by been expended. The amount certified forward shall include contingency alwances for asphalt and pe- 339.145 Working Capital Trust Fund; ex- the justification for supplemental agreements, time facility w reum product escalation clauses, contract over- penditure of such funds.- extensions, waivers (it liquidated damage provisions, (b) T (I) There is created a Working capital Trust and the adequacy of construction engineering inspec- means: age,, and so forth, which allowances shall be pa- tions by the department, 1. Aqn ra identified in the certifkatiun detail. Fund, into which fund shall be deposited an amount -The audit difficiqentql deemed necessary by the department and approved (3 J QUALITY OF DESIGN PLANS. nny amounts. A all be incorporated in the by the Executive Office of the Governor for the effi- an analysis of the quality of design distant 1q) cient operation of the department. Such amount may - rien for COL 1 pecific vatvgry, but when a plans used by the department and an analysis of the transport category as an excess and another category has a de- 558 559 q2q1q672q=2q7 2qM SUPPLIK of TO freeway. expressway, major arterial highway, bait projects located within its study areas which cost process for considering those factors to be used in de- highwaY, or port facility: or $100,000 or more and which the local governmental veloping the statewide transportation plan pursuant 2. Any facility utilized in providing a mass transit entities therein have reported that they intend to on. to subsection (2) so that any major transportation fa- system for, or a metropoltan statistical am. derterminate during the next 5 years. The listing shall in. cilty is Sao PIS that it will function an an integral (c) The term 'metropolitan statistical area' clude the estimated amounts to be spent an each pa of It trail plan for local, regional. and state means a county or group of contiguous counties project during taith budget yew. The govern meatial ent. The process shold which contain at least one central city of 50,000 in- entities responsible for such construction at mainting. a) rovide the necessary framework to guide habitants or more or -twin cities' with a combined nance hall id the m am quolitan planning arga- transportation planning in the state, consistent with population of at least 50.000 or such other population niza q.tio. by the the state comprehensive plan. In order to assist the estimate as may be provided by law. requested. The metropolitan planning organization department in the systematic planning proem, there (d) The term 'transportation corridor" means - may include the Hat in. or as an informational section is created the Metropolitan lanning Organization any area between two geographic points which area is of, its transportation improvement program. Advisory Committee. The committee shall be com- Used or suitable for the movement of people and 2. The metropolitan plianal lion for posed of a representative from each metropolitan goods by one or more modes of transportation. each urbanized area shall submit to appropriate planning organization in the state. Each metropoli- DEVELOPMENT OF STATEWIDE district engineer, with a copy to the head of tat do- tan planning organization shall select one represent qaql ANSPORTATION PLAN.-A statewide trans- partment. a plan of work for the construction and po. live to serve on the committee and shall notify the tation plan a I be developed by the department riodic maintenance of transportation facilities to be department of such selection or any change in repro. in junction with appropriate local governmental undertaken during the ensuing 5 years with sentation. The ad an too committee shall, by majority cities. The tewide transportation plan shall be funding Source by any governmental entity within its vote make recommendations to the department con- known as the Florida Transportation Plan. The jurisdiction. The plan of work shall list the estimated .transportation planning functions which are re- amounts to be expended on each project during each cerning the statewide transportation. plan. Ile do. quired of state and local govern entitles shall budget year and shold be prep partment shall formally document actions taken in red by the metropoli- resporuse to such recommendations. The advisory he undertaken consistent, to the maximum extent tan planning sinizatilon, with a qproval by the gov- committee feasible, with the policies and guidelines section of erning entity of the political sub vision re vill augment, and not suppLant, the role the Florida Transportation Plan as provided in para- for the construction and maintenance of individual metropolitan planning organizattions in graph (6) (a). In developing the Florida Transporta- eperative transportation planning process. portation facilitices tify statewide and local transportation tin Plan, the department shall take into account: (b) Upon request by local governmental entities, Deeds and by documenting transportation Sys- (a) Future as well as present Deeds; the department may in its discretion develop and de- tem conditions and projecting future mobility de- (b) All possible alternative modes of transporta- Sign arterial and collector atreets, vehicular parking mands. In identifying such needs and issues, consider. tion; areas, and other Support facilities which are consul- Shall be given to-the condition of existing ta. (C) The joint use of transportation corridor and tent with the plans of the department for major oration cilities and services, as will as to now facilities, and major transportation facilities for alternate transpor- - transportation facilities. The department may render services. tion and community uses; ad (c) poqorliite me to evuate tram. (d) - The integration of any propsed system into cities such technical assistance arid services as a to dec- portalion facilities and servim Such transportation all other type; of transportation facilities in the com- essary, so that local plans and facilities are coordinat- facilities and services shall be planned in a manner to munity; ed with the plane and facilities of of the department. achieve an effective balance of modes of transportation (e) Consistency with regional comprehensive (c) Each regional Planning council, as provided tion which are consistent with statewide transport&- plans and local government comprehensive plans so for in a. 186.504, or any successor agency thereto, tion needs and issues, as to contribute to the management of orderly and shall develop. as an element a( its comprehensive it- coordinated community development; and gional_policy plan, transportation goals and objec- (d) Establish priorities for program and funding (f) The total environment of the community and levels which incorporate, to the maximum extant fee. lives. 'rho transportation goals and ON cti sible, the project Priorities of the metropolitan plan region, including land use, entrepreneurial decisions, be consistent, to the maximum extent with ning rgairaqfti population, travel patterns, traffic control features, the goals and objectives of the metropolitan planning (a)" Require 12qZ department to solicit and consid- ecology, storm water management plans, pollution ef- and the policies and guidelines section or recommendations from the general public and govq. ernmental enfities. fects, aesthetics, safety, and social and community of the Florida Transportation Plan. T values. Lion goals and objectives of the regional plannig (3)COORDINATION WITH OTHER GOV- council will be advisory only and shall be submitan (f) Realistically was funding levels and other resources which am required to provide the needed ERNMENTAL ENTITIES AND PRIVATE BUSI- to the department and any affected metropolitan facilities and services, NESS ENTERPRISES- planning or tion for their consideration end (g) Monitor onqloing planning and project impqlqeq. (a) The Florid& Transportaition Plain shall be de- comments. plannig ganization I&" mantels by the apartment and other governmen- loped in coordination with affected State agencies, and other local transportation bell be qilqevel- tal entitoiens to determine compliance with. and the of- regional planning agencies, metropolitan Of. oped consistent, the maximum extent feasible. effectiveness of, the Florida Transportation Plain. ganizations, other local governmental entities,pri- with the regional transportation goals and objective (6) FLORIDA TRANSPORTATION PLAN.- vote business enterprises. and the general public- The regional planning council shall review urbanized The department shall fully document the systematic Florida Transportation Plan shall constitute the area transportation plans and any other planning tig puunt to Subtle tion (5) by functional plan of the department for the transporta- products stipulated in a. 339.175(13) and provide the the Florida Transportation Pican. The plan ve metropolitan planning or. ion of the state comprehensive plan. as re- department and reopecti a minimum, consist of the following section qwq. quired in 23.01(11)(b). tions with written recommendations which the Is) Transportation policies and guidelines. (b) Intergovernmental agreements which set department and the metropolitan planning forth the responsibility of the organiza- -This section will direct implementation of the he _ es, rties in the plan- Lions qA&H take under advisement. Further, the re- Florida Transportation Plan by the department and ning process may be established =n the depart- gional planall councils shall directly assist local the development of the budget for Lq6 department. It ment and the appropriate planning entities. governments 2qNich are not port of an urbanized area will serve as the basis for the development of all other 4, REGIONAL OR LOCAL TRANSPORTA- transportation planning process in the development sections of the plan and will set forth the overall TION PLANS.- of the traffic circulation element of their comprehen. goals and objectives of the department. This section ,all. Each metropolitan planning organization of sive plans as required by L 163.3177. will guide and assist the development of correspond- h state shall submit to the department annually a (5) SYSTEMATIC PLANNING PROCESS.- ing regional, metropolitan planning organization, and listing of construction and periodic maintenance The department shall institute a systematic planning local transportation plans and programs. The policies 560 56 B. 339.155 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.339.176 2q".39,175 1984 SUPOLEMEN TO Florida 3. A design hearing, at a time after the selection the Governor, based on an agreement among the af- and improvements within its urbanized area in ac- tiqon of, and prior to the commitment by the department fected units of general purpose local government as cordance with existing and subsequent federal and fine to, a specific design proposal for the facility or facili- required by federal rules and regulations, except that state laws and rules and regulations related thereto. fqede ties. in no case shall the county commission members be (7) Projects selected on the federal-aid highway (d (b) These public hearings shall be so conducted less than 33 1/3 percent of the M.P.O. membership. All Urban system, urban extensions of the federal-aid qfede as to provide an opportunity for effective participa- voting members shall be elected officials of general highway primary system. and the interstate system (I tion by interested persons in the process of transpor- purpose governments, except that a local governing way only be removed from a transportation improve- qtion tation planning and site and route selection and in entity which has two or more Members on the MJI.O. ment plan by the joint action of the M.P.O. and the und the specific locution and design of transportation fa- may appoint, as one of its apportioned voting mern department when such projects have advanced to qtrqati cilities. The various factors involved in the decision bers, a member of a statitproly, authorized planning' feqTeral authorization to acquq3irs rights-of-way or have Ado or decisions and any alternative proposals shall be board or transportation, expressway, aviation. or port advanced to federal approval of physical construction such clearly presented so that the persons attending the authority. In urbanized areas in which authorities or or implementation if right-of-way acquisition was not and hearing may present their views relating to the deci- other agencies have been, or may be, created by law previously federally funded. land sion or decisions which will be made. to perform transportation functions that are not un- (8) Reschedulion qg b the department of mq9or fed- (c) Opportunity for public hearings: der the jurisdiction of local elected officials, they may eral-aid projects w icqz are in a transportation im- MY 1. The department, prior to holding a design or be considered by the Governor for one voting main. provement program and included in the first 2 years win planning hearing, shall duly notice all affected prop- bership on the M.P.O. of the department's 5-year transportation plan re- fede erty owners of record, as recorded in the property ap- (b) An M.P.O. shall be created under this section quires notification to the M.P.O. at the time such avai praiser's office, by mail at least 20 days prior to the and operated under the provisions of s. 163.01,the changes are made. (I date set for the hearing. The affected property own- Florida Interlocal Cooperation Act of 1969. The sig- (9) Each M.P.O. is responsible for transporta- each ers shall be: natories to the interlocal agreement shall be the de- tion-related air, noise, and waterl2qyality planning qa qCq0q4 a. Those whose property lies in whole or in part payment and the governmental entities designated within the urbanized area as assign to it by federal traqn within 300 feet on either side of the center line of the y the Governor for membership in the M.P.O. In the or state laws, rules, or regulations. blqe proposed facility. event that there is a conflict between the provisions (10) The powers, privileges, and authority of an trial b. Those who the department determines will be of this section and a. 163.01, the provisions of this M.P.O. are those specified in this section and incor- 163. substantially affected environmentally, economically, section will prevail. porated in the interlocal agreement authorized under Plar socially, or safetywise. (3)(a) The Governor shall, with the agreement of 9. 163.01. The duties of an M.P.O. are described as qpqrqoqc 2. For each subsequent hearing, the department the affected units of federal -purpose local govern- those duties required by federal and state laws, rules, uqiqng shall daily publish notice at least 14 days immediate. ment as required by federal rules and regulations. ap. and regulations, now and subsequently applicable, pqla ly prior to the hearing date in a newspaper of general portion the membership among the various govern. which are necessary to qualify the urbanized areas of (I rua,ion for the area affected. mental entities within the area on :he basis ofequita- the state to receive all federal-aid transportation agre 3. A copy of the notice of opportunity for public ble population ratio and geographic factors. The gov- funds for which they are legally eligible as a conse. goqve hearing shall be furnished to the United States De- erning entity so designated shall epppoqint. the appro- fluence of the proper exercise of such duties. Such Ing parent of Transportation and to the appropriate private number of members to he 0 from eligi- uties include, in cooperation ildth the department, scri d art e t of the state government at the time of le officials. Representatives of the department shall the following functions, including any subsequent nate Tic serve as non -oting members of the M.P.O. Nonvoting amendments or expansions required by federal and prog 4 The opportunity for another public hearing advisers may be appointed by the M.P.O. as deemed state laws, rules, and regulations: plan hl be afforded in any case when proposed locations necessary. The Governor shall review the composi- (a) Development of: (I or designs are so changed from those presented in the tion of the M.P.O. membership at least every 5 years I. A comprehensive transportation plan which in- agre notices specified above or at a public hearing as to and reapportion it as necessary to comply with sub- cludes consideration of long-range goals and trans. trqan have a substantial))- different social, economic, or en- section 12). portation systems management measures. sent vironmental effect. (b) The members of an M.P.O. shall serve 4-year 2. An annual unified planning work program usaqg 5. The opportunity for a public hearing shall be terms. The membership of a member will terminate which will identify the planning budget and the plan- q0 afforded in each case in which the department is in upon his leaving his elective or appointive office for ning activities to be undertaken during the program rule doubt as to whether a public hearing is required. any reason, or by a majority vote of the total mem- year. men Hi.Y. - . 3. 70 1. @h 73 5t. . 1. cb 77 102; . 21 a. chu :w. bership of a county or city goven:ng entity repre- 3. An annuaualY updated transportation improve- ena -M. pl-.g fu-w. hi,h U. sented by the member. A vacancy shall be filled by ment program, which shall consist of improvements (I 4 b@ th, fa I" wrd, 'q@&Ud Uq@po@lioa ptq: the original appointing entity. A member may be re- recommended from the transportation plan devel. ry c t-' appointed for one or more additional 4-year terms. oped and recommended for federal funding during plea @.l 014 11. ,P,.Id b, . 15, h. 84-257. - or county :ails to fill an as- .F,.-, , 314211. (4) If a municipali the program period and which shall: mitt - 1031 Off-I signed appointment to an M.P.G. within 60 days af. a. Identify transportation improvelnents recom- tion ter notification by the Governor its duty to ap- mended for advancement during the program period an qe 339.175 Transportation planning organize. point, that appointment shall be lrade by the Gover- of not less than 3 years. qsqyqsqt t.- nor from the eligible representation, of that munici- K Indicate the priorities for the area. shqa l There shall beat least line metropolitan plan- pa Iity or county. c. Group improvements of similar urgency and M.P ning organization. hereinafter referred to as an (5) The authority and responsibility ofan M.P.O. anticipated staging into appropriate staging periods. renqe -MpO.." etablished within each urbanized area or is for the management of a continuing, cooperative, d. Include realistic estimates of total costs and whi group of contiguous urbanized area.9 where a plan- and comprehensive transportation planning process revenues for the program period. tran in organization is necessary to meet federal re- that results in the development of plans and pro- a. Include a discussion of how improvements re- q0 rments for obtaining and expending federal grams which are consistent with the comprehensively late to the comprehensive transportation plan. part rporlation funds. An M.P.O., a composite local planned development of the urbanized area. An (b) Recommendation to the department and local tee rnmental entity, or any successor thereto, shall M.P.O. shal be the forum for cooperative decision- governmental entities regarding transportation tati be so deignated by the Governor. making by the principal elected officials of general Plans. programs, and projects to better ensure their qthqor 2a) The voting membership ofan NI.P.O. shall purpose local government. compatibility with the long-range plans and pro- men it of not fewer than 5 or more than 15 appor- (6) Each M.P.O. is responsible for the develop- grams of the M. P.O, qaqp t2ppembers, the exact number to be determined mvnt of a transportation improvement program and Ic ) Representation (if all the jurisdictional areas 6qrq, all qitable ge@igraphic population ratio basis by for initiating federally aided transportation facilities withi 1, the approved urbanized limits in the formula- shot 562 339.175 1981 SUPPLEMENT To FLORIDA STATUTES 1983 a.339.241 carrying out transportation planning and program- or operated for storing, keeping, buying, or selling ming. wrecked, scrapped, ruined. or dismantled motor vehi- 19) Each M.P.O. may employ personnel or may cles or motor vehicle parts. enter into contracts with other local and state agen- (c) 'Distance from edge of right-of-way" means cies, as well as private planning and engineering the distance presently defined in 23 U.S.C. a. 136(g). firms, to carry out the urban transportation lanning (d) "Federal-aid primary highway* means any process required by 23 U.S.C. a. 134 and by tq9ils chap- highway within that portion of the State Highway ferred to 9. 316.1305 by a. 4, ch. 84-309.1 ter System as, included and maintained under chapter (20) Any other provisions of this section to the 335, including extensions of such system within mu- 339.28 Willful and malicious damage to contrary notwithstanding, any county chartered un- nicipalities, which has been approved by the Secre- boundary marks, guideposts, lampposts, etc. on der a. 6(e). Art. Vill of the State Constitution may tary of Transportation pursuant to 23 U.S.C. B. transportation facility- e ct to have its duly elected officials serve as the 103(b). (1) Any person who willfully and maliciously M.P.O. if the area represented is wholly contained (e) "Fence" means an enclosure so constructed or damages, removes, or destroys any milestone, mile- within such chartered county. Any chartered county planted and maintained as to obscure the junkyard board, or guideboard erected upon a highway or other which elects to exercise the provisions of this section from ordinary view to those persons passing upon the public transportation facility, or willfully and maqli- shall so notify the Governor in writing. Upon receipt of such notification, the Governor shall forthwith highways in this state. ciously defaces or alters the inscription on any such designate the elected officials of such chartered coun- (f) "Interstate highway* means the system pres- marker, or breaks or removes any lamp or lamppost ty as the M.P.O. and shall appoint the nonvoting rep- ently defined in 23 U.&C. a. 103(e). or railing or post erected on any transportation facili- re ritatives of the department in accordance with (g) "Junk." *junkyard.' and 'scrap metal process- ty, is guilty of a misdemeanor of the second degree, existing agreements between the M.P.O. and the de- ing facility" mean the same as described in 9. punishable as provided in a. 775.082 or a. 775.083. partment or as deemed necessary in the absence of 205. 371(l)(a), (b), and (e). (2) Any person who violates the provisions of such an agreement. This subsection shall supersede (3) RESTRICTIONS AS TO LOCATION.-No subsection (1) is civilly liable to the department for the provisions of subsections (2) and (3) which, in junk, junkyard, autOMObile graveyard, or scrap metal the actual damages which he caused, which damages whole or in part, are in conflict herewith. processing facility shall be operated or maintained may be recovered by suit and, when collected, shall 21) Upon not i fication by an agency of the Feder- within 1,000 feet of the nearest edge of the right-of- be paid in ti the State Treasury to the credit of the al Government that any provision herein conflicts way of any interstate or federal-aid primary highway, State Transportation Trust Fund. with federal laws or regulations, the federal laws or except: History- 150. cl@ & 240. ck 71-qM- & 222. & U-309. regulations will take precedence to the extent of the (a) A junkyard which is screened by natural ob- conflict and until it is resolved; and such actions as jeqw plantings, fences, or other appropriate means so 330.281 Damage'to transportation facility are necessary to be taken to comply with federal Isq" as right to be visible from the main travele ti way of the by vessel-, marine accidint report, Investigative e1bqderiqf ftlndi'art' highwqey'birAw'hit'lifis "A', % \71 WrtiIqiqiibris,iri older to@,iqiceiv eritt6d. (b) A junkyard or scrap metal processing facility (1) Whenever any vessel has caused damage to a (22) Each M.P.O. required under this section which is located in an area zoned for industrial use. transportation facility, the managing owner, agent, or shall be fully operative no later than 6 months follow- (c) A junkyard or scrap metal. processing facility master of such vessel shall immediately, or as soon ing designation by the Governor. mt,"- I.A79 21T.& 1.dL 82-9- 219.tL [email protected].,L 84-13-1 which is not visible from the main traveled way of thereafter as possible, report the same to the nearest .-F-- M4 21S any interstate or federal-aid primary highway. Florida Marine Patrol, the sheriff of the county wherein such accident occurred, the Game and Fresh 339.24 Beautification of state transporta- Any junkyard which was in existence on December 8, Water Fish Commission, or the Florida Highway Pa- tion facilities.-The department shall plan a state. 1971, which the department determines cannot be trol, who shall immediately go to the scene of the ac- wide beautification program for state transportation screened because of topography and elevation is not cident and, if necessary, board the vessel subsequent facilities and shall only expend funds for such pro- required under this section to be removed. relocated, to the accident in pursuance of its investigation. The grain as specifically appropriated by the Legislature. or disposed of until federal funds are available. law enforcement agency investigating the accident A itate beautificaition project requested by a local (4) REQUIREMENTS AS TO FENCES; EX- shall submit a copy of its report to the department. -ernrnent may not be initiated or funded until a PENDITURE OF FUNDS.- (2) Any person who violates any of the provisions aintenance 8,Teement has been executed between (a) A fence constructed under the provisions of of this section or rules adopted pursuant hereto shall the department and the appropriate local govern- this section shall be kept in good order and repair, be deemed guilty of a misdemeanor of the first de. mental entity. and any advertisement on the fence shall be regulat- gree, punishable as provided in a. 775.082 or a. ed by applicable state law. (b) the department is authorized to spend such 339.241 florida junkyard control law.- funds as are necessary to obtain federal aid funds for (1) short title.- this section shall be the purposes described in this subsection. known as the "florida junkyard control law." (5) enforcement.- it is the function and (2) definitions. wherever used or referred duty of the department to administer and enforce teh to in this section , unless a differnet meaning clearly provisions of this section. the department or any apprears from the context, the term: public official may apply to the circuity court or an- (a) "areas zoned for industrial use" means all areas other court of competent jurisdiction of the county in zoned for industrial use by governmental entities which the junkyard or scrap metal processing facility within the state or an unzoned industrial area ap- may be located for an injuction to abate such nuisance. proved by the department. such areas must be based (6) penalty.- any person who violates any upon the existence of a least one industrial activity provision of this section is subject to a fine of not less other than the junkyard or scrap metal processing than $50 or more than $200. each day during any plant. portion of which such violation occurs constitues a (b) "automobile graveyard" means any establish- continuing separate offense. ment or place of business which is maintained, used, CH. 366 PUBLIC UTILITIES F.S. 1983 F.S. 1993 PUBLIC UTILITIES CH.366 CHAPTERS 366 to 12 moriths, The commission may take final actiors "or iplicatiort by a public utility to Issue sted PUBLIC UPTILITIFS as 4q=tqwq after having given notice In the Floadds Administrative Weekly published at least 7 days in 366.01 Legislative declaration. '366.02 Defluitions.-As used in this chapter. advance of ring agency action. Securities Issued by a 366.015 Interagency liaison- 41) "Public utility" usestrus every c4qr, corpora- public utility pursuant to an order of the commission. qVqI it, 366.02 Definitions. tion. partnership. association, or ot r legal entity which order is certified by this clerk of the eqmmis- 366.03 General duties of public utility. and their liessees. trustees. or receivers supplying skirs and which order approves or authorizes the issu- 366.04 Jurisdiction. electricity or go (natural. manufactured. or similar sace end sole of such securities, shall not be Involi- qaq' 366.041 Rate fixing; adequacy of facilities sis crite- gaseous substance) to or for the public within this dated by a modification. tepeal. or anstendintat to rion. state; but the term *ptublic utility' six used herein that order or by a supplemental order however. the qaq" 366.05 Powers. don set include either a cooperative now or based. comminitan*8 approval of the issuance of securities 366.055 Availability of, and payment for, energy re- &or organized and existing under the Rural Electrill. shall constitute sisralwarall 0111Y qU to the legality Of the qa serves. cation Cooperative Law at Use state. 0 municipality hants, mA in no way shall it be considered comands- 366.06 Rates; procedure for fixing and changing. or any agency thered; any natural go pipeline trana- sion approval of the rates, service, accounts, valua- 366.07 Rates adjustment. mission corapeny making only sales of natural gas at tion, estimates. or disterminstions of cost of any other 366.071 Interim rates; procedure. wholesale one to direct Industrial consumers. or a such matter. The jurisdiction conferred Upon the a 366.072 Rate adjustment orders. person suptilying liquefied petroleum I 'ther . ion shall be exclusive and superior to that of 366.075 Experimental and transitional rates. COMFnISS qc Limited proceedings. rules on subsequent liquid or gaseous form. Irrespective of 4qCq."t4qZ or all other boards, agenciess. Political subdivisions. mu- a distribution car delivery, unless such person able sup- oicipalities, tolonsi vilt8qr or counties. and. in q0 odqkialments. power of am. plies electricity or momifelcturead or not I a I cam .0 nvestiFetions. inspectitaret; mission. 12) 'Commissiona* messo the Public 4qrr8q=Com- a( conflict thefewitis. a 1 lawful ads. orders, rulq!sq, , 3.0 Incrimination at hearing of commission. minion- sod regulations of the commission shall in each In- qv 366 2. 11L SUL Mar; . 36 da, 76@Nk L 9. L H. ak 93 Public utility records. confidentiality. 011,3k . Z cl, 111.714. 8q:4 2-)2qL-- aercise of its jurisdiction, the commis- u 36.05 Penalties. -11M.-bal-Maiti-OtS.A. S. list hr. Las, power over rural electric cooperatives qa M6.10 Judicial review. Piaiiiiiiiiii - list ittaidatitatiatista it- and municipal electric utilities for the "lowing pur. X6.1 Certain exemptions. 3.1 Not I . 'ad* lion %mite. 1364.03 General duties of public utility. Pon= we gas or M. 13 Taxes, unit 0qXected"' Esacb M' utility shall furnish to each person ags. (0) To prescribe uniform systems and clastalficaq. 36.1 Existing rates; pending prijaccedings. Win, 8qCidwoqr reasonably sufficient, adequate, am tions of accounts. 366.80 Short title. efficient service upon terms as required by the am. 0qM To prescribe a rate structure for all electric d 36681 LoqVislative findings and Intent minion. No public utll I q" be required to furnish utilities. 3M Do I electficity or gas for 2qMqs (c) To re 82 nition- goals; plans; annual experta; an. exceist. thst a public utility quiet electric power conservation and re- of" aqzqjits. rally be required Lai furnish go for containerized to. liability within a coordinated grid. for operational as 3.8 Cedom laws not applicattle; savings clause. sale. Ali rates and charges made. dermulded, or ra. well as emergency purposes. M. Trust fund created; uses. ceived by sq:qr public utility for any servico rendered, (d) To approve territorial agreements between Respoinsihilities of I)ivq"tn of Conamener Or to be rei 4 and among rural electric cooperatives. municipal qa ered by It, and cach rule and regulation Services. Of such public utility, shall be fair and reasonable. No electric utilities. end other electric utilities under itqs public utiliqz shall make or give any undue of umsas- risilicq" Hamear r. nothing in this chapter shell qa I teristortat agreement 3.01 Legislative declarstion.-The targets- ennoble pre crence or advantage to any person or to. trued to siter existin . . I Is ca a between Me parties to 8q= agreements. lion of public utilities as defined herein is declared to I lity. or subject the=ql8qo8q%undue or unreason- be in the public interest and this chapter shall be able prejuilke or di any respect, le) To resolve any territorial dispute involving qI oliali,air , 1.4 Mass. IW4: as. W HR L 1. as 77-467. . A 401, service areas between and among ruts] electric cocapqa- deemed in be an exercise of the polka POW" Of the 0 3k . L @k 01 .311, w 1. Is. is, 42-31. state for this protection of the *relives. municipal electric utilities. and other elec- public welfare and aM tric utilities under its jurisdiction. In ressaIvInIt torsi. 'he provisions hereof shall be liberally construed for - -i- rq- sa@ - I III sat -,,- aaf am diaw Faisal- Oda. 1. low ,be accomplishment of that purpose. paa0iiii0a .. MA a Skitail i..%,**4f. W. 61.61 i. toriall disputes, the commission may consider, but not mvl. A. SM. qMI; .. 3. ala. WKS, 17.67: . M 2q2-1 be limited to consideration of, the ability of the utilqlq- ;3.. 310 ties to expend services within their awn capabilities 1. OqW by. XA at Sit, -dblka '366.04 Jurisdiction- and the nature of the isfee involved. including Popu- @ .. If at tho damait (1) In addition to its existing functions, the com- lation, the degree of urbanization of the area. its 38.01 Interagency liaison.-The commb- mission shell have jurisdiction to regulate and super- proximity to other urban aress. and.the present and icn is directed to provide Fair, and assume primary vise each public utility with respect to Its rates and reasonably foreseeable future requirements of the ity fair, establishing and maintaining cam. service and the Issuance and sale of its securities, its. ares far other utility services. nus liaison with all other spp@ol,rlate "ate and rapt a security which is a note or draft maturing not in To prescribe and require the riling of 'riodqic federal agencies whose policy decisions and rulemak- more than I year after The date of such issuance and re fix and other data as may be reasonably ... iqiq. ot4qr n horiiy affect those utilities over which the sale and 0and as necessary to exercise its jurisdiction here- (together with ell other nrm- n has primary regulatory qgreldiction. "is then notes and drafts of a maturity of I under. liaison shall be conducted at the pit itrymaking levels year of leas tin which such public utility is liable) not as well as the department, division. or bureau levels. Inore than 5 percent of the par value of q" other se. No provision of this chapter shall be construed air ap- A e,, !ncies' public hear- curities air The public utility then outstanding. In the plied to impede, prevent. 61 prohibit any municipally "' v icip" 4" In 0" , 1q7we conoolnionla poli- case of securities having ors par value, the per value ns '.$'-d to I,.- " ned electric utility system from disiributing dinforms an requirements, in order for the purlaose tif.thi ow at re- to positions so tit a section shall be the fair mar. tail electrical energy within its corporate limits. as , fratic. fr .id. r. cint regulation. ket value as at the date of issue. The commission, such corpofatt limits exist on July 1. 1974; however, l1ppp2pp X 10A.. 4.4 77 0T.. 1.16.4 103% upon applicalion by a public utility. may authorize existing territorial agreements shall not be altered or the utility to imue and sell securities of one or more abridged hereby. offiriep. air air otie air more types. over a period of up (3) The commission shall further have jurisdiqarq. 1554 Ch.366 PUBLIC UTILITIES able rates and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each public utility; to require repairs, improvements, additions, and extensions to the plant and equipment of any public utility when reasonably neccessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto; to employ and fix the compensation for such examiners and technical, legal, and clerical employmees as it deems necessary to carry out the provisions of this chapter; and to prescirbe all rules and regulations reasonably necessary and appropriate for the administration and enforcement of this chapter. (2) Every public utility, as defined in a 366.02, which in addition to the production, transmission, delivery or furnishing of heat, light, or power also sells appliances or other merchandise shall keep separate and individual accounts for the sale and profit deriving from such sales. No profit or loss shall be taken into consideration by the commission from the sale of such items in arriving at any rate to be charged for service by any public utility. (3) The commission shall provide for the examination and testing of all meters used for measuring any product or service of a public utility. (4) Any consumer or user may have any such meter tested upon payment of the fees fixed by the commission. (5) The commission shall establish reasonable fees to be paid for testing such meters on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the meter is found defective or incorrect to the disadvantage of the consumer or user, in excess of the decree or amount of tolerance customarily allowed for such meters, or as may be provided for in rules and regulations of the commission. (6) The commission may purchase materials, apperatus, and standard measuring instruments for such examination and tests. (7) Thecommission shall have the power to require reports from all electric utilities to insure the development of adequate and reliable energy grids. (8) If the commission determines that there is probable cause to believe that inadequacies exist with respect to the energy grids developed by the electric utility industry, it shall have the power, after proceedings as provided by law, and after a finding that mutual benefits will accrue to the public utilities involved, to require installation or repair of necessary facilities, including generating plants and transmission facilities, with the costs to be distributed in porportion to the benefits received, and to take all necessary steps to insure compliance. The electric utilities involved in any action taken or orders issued pursuant to this subsection shall have full power and authority, not withstanding any general or special laws to the contrary, to jointly plan, finance, build, operate, or lease generating and transmission facilities and shall be further authorized to exercise the powers granted to corporations in chapter 361. This subsection shall not supersede or control any provision of the Electric Power Plant Siting Act, 403.501-403.51b. F.8. 1983 (9) The commission may establish guidelines relating to the purchase of power or energy by public utilities from cogenerators or small power producers and may set the rates at which a public utility shall purchase power or energy from a cogenerator or small power producer. 366.055 Availability of, and payment for, energy reserves.- (1) Energy reserves of all utilities in the Florida energy prid shall be available at all times to ensure that grid reliability and integrity are maintained. The commission is authorized to take such action as is necessary to assure compliance. However, prior commitments as to energy use: (a) In interstate commerce, as approved by the Federal Energy Regulatory Commission; (b) Between one electric utility and another, which have been approved by the Federal Energy Regulatory Commission; or (c) Between an electric utility which is a part of the energy grid created herein and another energy grid shall not be abridged or altered except during an energy emergency as declared by the Governor and Cabinet. (2)(a) When the energy produced by one electric utility is transferred to another or others through the energy grid and under the power granted by this section, the commission shall direct the appropriate recipient utility or utilities to reimburse the producing utility in accordance with the latest wholesale electric rates approved for the producing utility by the Federal Energy Regulatory Commission for such purposes. (b) Any utility which provides a portion of those transmission facilities involved in the transfer of energy from a producing utility to a recipient utility or utilities shall be entitled to receive an appropriate reimbursement commensurate with the transmission facilities and services provided. However, no utility shall be required to sell purchased power to a recipient utility or utilities at a rate lower than the rate at which the power is purchased from a producing utility. (3) To assure efficient and reliable operation of a state energy grid, the commission shall have the power to require any electric utility to transmit electrical energy over its transmission lines from one utility to another or as a part of the total energy supply of the entire grid, subject to the provisions hereof. 366.06 Rates: procedure for fixing and changing.- (1) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commison for the particular class of service involved, and no change shall be made in any schedule. All applications for changes in rates shall be made to the 356 F.S. 1983 PUBLIC UTILITIES commission in writing under rules and regulations prescribed, and the commission shall have the authority to determine and fix fair, just, and reasonable rates that may be requested, demanded, charged, or collected by any public utility for its service. The commission shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful in the public service, and shall keep a current record of the net investment of each public utility company in such property which value, as determined by the commission, shall be used for ratemaking purposes and shall be the money honestly and prudently invested by the public utility company in such property used and useful in serving the public, less accrued depreciation, and shall not include any goodwill or going concern value or franchise value in excess of payment made therefor. In fixing fair, just, and reasonable rates for each customer class, the commission shall, to the extent practicable, consider the cost of providing service to the class, as well as the rate history, value of service and experience of the utility; the consumption and load characteristics of the various classes of customers; and public acceptance of rate structures. (2) Whenever the commission shall find, upon request made or upon its own motion, that the rates demanded, charged, or collected by any public utility company for public utility service, or that the rules, regulations, or practices of any public utility company affecting such rates, are unjust, unreasonable, unjustly discriminatory, or in violation of law; or that such rates are insufficient to yield reasonable compensation for the services rendered; or that such service is inadequate or cannot be obtained, the commission shall order and hold a public hearing, giving notice to the public and to the utility company, and shall thereafter charged for such service and promulgate rules and regulations affecting equipment, facilities, and service to be thereafter installed, furnished, and used. (3) Pending a final order by the commission in any role proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delivering to the utility requesting such increse, within 60 days, a reason or written statement of good cause for withholding its consent. Such consent shall not be withheld for a period longer than 8 months from the date of filing the new schedules. The new rates or any portion not comented to shall go into effect under bond or corporate undertaking at the end of such period, but the commission shall, by order, require such utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid and, upon completion of hearing and final decision in such proceeding, shall by further order require such utility to refund with interest at a fair rate, to be determined by the commission in such manner as it may direct, such portion of the increased rate or charge as by its decision shall be found not justified. Any portion of such refund not thus refunded to patrons or customers of the utility shall be refunded or disposed of by the utility as the commission may direct; however, no such funds shall accrue to the bene- Ch. 366 fit of the utility. The commission shall take final commission action in the docket and enter its final order within 12 months of the commencement date for final agency action. As used in this subsection, the "commencement date for final agency action" means the date upon which it has been determined by the commission or its designee that the utility has filed with the clerk the minimum filing requirements as established by rule of the commission. Within 30 days after receipt of the application, rate request, or other written document for which the commencement date for final agency action is to be established, the commission or its designee shall either determine the commencement date for final agency action or issue a statement of deficiences to the applicant, specifically listing why said applicant has failed to meet the minimum filing requirements. Such statement of deficiencies shall be binding upon the commission to the extent that, once the deficiencies in the statement are satisfied, the commencement date for final agency action shall be promptly established as provided herein. Thereafter, with 15 days after the applicant indicates to the commission that it believes that it has met the minimum filing requirements, the commission or its designee shall either determine the commencement date for final agency action or specifically enumerate in writing why the requirements have not been met, in which case this procedure shall be repeated until the commencement date for final agency action shall be the date upon which the order initiating the proceeding is issued. 366.07 Rates; adjustment.-Whenever the commission, after public hearing either upon its own motion or upon complaint, shall find the rates, rentals, charges or classifications, or any of them, proposed, demanded, observed, charged or collected by any public utility for any service, or in connection therewith, or the fules, regulations, measurements, practices or contracts, or any of them, relating thereto, are unjust, unreasonable, insufficient, or unjustly discriminatory or preferential, or in anywise in violation of law, or any service is inadequate or cannot be obtained, the commission shall determine and by order fix the far and reasonable rates, rentals, charges or classifications, and reasonable rules, regulations, measurements, practices, contracts or service, to be imposed, observed, furnished or followed in the future. 366.071 Interim rates; procedure. (1) The commission may, during any proceeding for a change of rates, upon its own motion, or upon petition fromany party, or by a tariff filing of a public utility, authorize the collection of interim rates until the effective date of the final order. Such inter- 357 Ch.366 PUBLIC UTILITIES rates may be based upon a test perior different from the test period used in the request for permanent rate relief. To establish a prime facts entitlement for interim relief, the commission, the petitioning party, or the public utility shall demonstrate that the public utility is earning outside the range of reasonableness on rate of return calculated in accordance with subsection (5). (2)(a) In a proceeding for an interim increase in rates, the commission shall authorize, within 60 days of the filing for such relief, the collection of rates sufficient to earn the minimum of the range of rate of return calculated in accordance with subparagraph (5)(b)(2). The difference between the interim rates and the previously authorized rates shall be collected under bond or corporate undertaking subject to refund with interest at a rate ordered by the commission. (b) In a proceeding for an interim decrease in rates, the commission shall authorize, within 60 days of the filing for such relief, the continued collection of the previously authorized rates; however, revenues collected under those rates sufficient to reduce the achieved rate of return to the maximum of the range of rate of return calculated in accordance with subparagraph (5)(b)(2) shall be placed under bond or corporate undertaking subject to refund with interest at a rate ordered by the commission. (c) The commission shall determine whether a corporate undertaking may be filed in lieu of the bond. (3) In granting such relief, the commission may, in an expedited hearing but within 60 days of the commencement of the proceeding, upon petition or upon its own motion, preclude the recovery of any extraordinary or imprudently incurred expenditures or, for good cause shown, increase the amount of the bond or corporate undertaking. (4) Any refund ordered by the commission shall be calculated to reduce the rate of return of the public utility during the pendency of the proceeding to the same level within the range of the newly authorized rate of return which is found fair and reasonable on a prospective basis, but the refund shall not be in excess of the amount of the revenues collected subject to refund and in accordance with paragraph (2)(b). In addition, the commission may require interest on the refund at a rate established by the commission. (5)(a) In setting interim rates or setting revenues subject torefund, the commission shall determine the revenue deficiency or excess by calculating the difference between the achieved rate of return of a public utility and its required rate of return applied to an average investment rate base or an end-of-period investment rate base. (b) For purposes of this subsection: 1. "Achieved rate of return" means the rate of return earned by the public utility for the most recent 12 month period. The achieved rate of return shall be calculated by applying appropriate adjustments consistent with those which were used in the most recent rate case of the public utility and annualizing any rate changes occurring during such period. 2. "Required rate of return" shall be calculated as the weighted average cost of capital for the most recent 12-month period, using the last authorized rate F.8. 1983 of return on equity of the public utility, the current embedded coat of fixed-rate capital, the actual cost of short-term debt, the actual cost of variable-cost debt, and the actual cost of other sources of capital which were used in the last rate case of the public utility. 3. In a proceeding for an interim increase, the term "last authorized rate of return on equity" used in subparagraph 2. means the minimum of the range of the last authorized rate of return on equity established in the most recent rate case of the public utility. In a proceeding for an interim decrease, the term "last authorized rate of return on equity" used in subparatraph 2. means the maximum of the range of the last authorized rate of return on equity established in the most recent rate case of the public utility. '366.072 Rate adjustment orders.-Any order issued by the commission adjusting general increases or reductions of the rates of an electric or gas company shall be reduced to writing including any dissenting or concurring opinions within 20 days of the official vote of the commission. Within said 20 days, the commission shall also mail a copy of the order to the clerk of the circuit court of each county in which customers are served who are affected by the rate adjustment, which copy shall be kept on file and made available to the public. The commission shall notify all parties of record in the proceeding of the date of such mailing. Such an order shall not be considered rendered for purposes of appeal, rehearing, or juicial review until the date the copies are mailed as required by this section. This provision shall not delay the effective date of the order. Such an order shall be considered rendered on the date of the official vote for the purposes of 364.05(4) and 366.06(4). '366.075 Experimental and transitional rates.- (1) The commission is authorized to approve rates on an experimental or transitional basis for any public utility to encourage energy conservation or to encourage efficiency. The application of such rates may be for limited geographic areas and for a limited period. (2) The commission is authorized to approve the geographic area used in testing experimental rates and shall specify in the order setting those rates the area affected. The commission may extend the period designated for the test if it determines that further testing is necessary to fully evaluate the effectiveness of such experimental rates. 366.076 Limited proceedings; rules on subsequent adjustments.- (1) Upon petition or its own motion, the commission may conduct a limited proceeding to consider and act upon any matter with its jurisdiction, in- 358 F.S. 1983 PUBLIC UTILITIES cluding any matter the resolution of which requires a public utility to adjust its rates to consist with the provisions of this chapter. The commission shall determine the issues to be considered during such a proceeding and may grant or deny any request to expand the scope of the proceeding to include other matters. (2) The commission may adopt rules for the determination of rates in full revenue requirement proceedings which rules provide for adjustments of rates based on revenues and costs during the period new rates are to be in effect and for incremental adjustments in rates for subsequent periods. 366.08 Investigations, inspections; power of commission.-The commission or its duty authorized representatives may during all reasonable hours enter upon any premises occupied by any public utility and may set up and use thereon all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests and exercising any power conferred by this chapter; provided, such public utility shall have the right to be notified of and be represented at the making of such investigations, inspections, examinations and tests. 366.09 Incrimination at hearing of commission.-Any person called upon to testify before the commission or one of its examiners shall not be excused from answering on the ground or claim that his testimony would tend to incriminate himself; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced documentary evidence provided that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying. 366.093 Public utility records; confidentiality.-(1) The commission shall continue to have reasonable access to all public utility records. Upon request of the public utility, any records received by the commission which are shown to be proprietary confidential business information shall be kept confidential and shall be exempt from 119.07(1). (2) In any docket or proceeding before the commission, the commission shall issue protective orders protecting a public utility from discovery of proprietary confidential business information, upon a showing by the public utility that such protection is necessary. However, if the commission determines that discovery of proprietary confidential business information is necessary to protect the public interest, the commission shall enter an order limiting such discovery in the manner provided for in Rule 1.280 of the Florida Rules of Civil Procedure. Such propri- Ch.366 etary confidential business information shall be exempt from 119.07(1). (3) Proprietary confidential business information includes, but is not limited to: (a) Trade secrets. (b) Internal auditing controls and reports of internal auditors. (c) Security measures, systems, or procedures. (d) Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the public utility to contract for services on favorable terms. (e) Employee personnel information unrelated to compensation, duties, qualifications, or responsibilities. 366.095 Penalties.-The commission shall have the power to impose upon any entity subject to its jurisdiction under this chapter that is found to have refused to comply with or to have willfully violated any lawful rule or order of the commission or any provision of this chapter a penalty for each offense of not more than $5,000, which penalty shall be fixed, imposed, and collected by the commission; or the commission may, for any such violation, amend, suspend, or revoke any certificate issued by the commission. Each day that such refusal or violation continues shall constitute a separate offense. Each penalty shall be a lien upon the real and personal property of the entity, enforceable by the commission as a statutory lien under chapter 85. 366.10 Judicial review.-As authorized by s.3(b)(2), Art. V of the State Constitution, the Supreme Court shall review, upon petition, any action of the commission relating to rates or service of utilities providing electric or gas service. 366.11 Certain exemptions.- (1) No provision of this chapter shall apply in any manner, other than as specified in ss.366.04(2) and (3), 366.05(7) and (8), and 366.055, to utilities owned and operated by municipalities, whether within or without any municipality, or by cooperatives organized and existing under the Rural Electrification Cooperative Law of the state, or to the sale of electricity, manufactured gas, or natural gas at wholesale by any public utility to, and the purchase by, any municipality or cooperative under and pursuant to any contracts now in effect or which may be entered into in the future, when such municipality or cooperative is engaged in the sale and distribution of electricity or manufactured or natural gas, or to the rates provided for in such contracts. (2) Nothing herein shall restrict the police power of municipalities over their streets, highways, and public places or the power to maintain or require the maintenance thereof of the right of a municipality to 359 Ch. 366 PUBLIC UTILITIES F.8. 1983 levy taxes on public services under {66.23} or affect the right of any municipality to continue to receive revenue from any public utility as is now provided or as may be hereafter provided in any franchise. 366.126 Natural gas jurisdiction limits. - Any provision of this chapter to the contrary notwithstanding, the jurisdiction of the commission over the sale of natural gas shall not extend beyong the outlet of the customer's meter set assembly when the means of delivery of natural gas is other than by pipeline. 366.13 Taxes, not affected.-No provision of this chapter shall in any way affect any municipal tax or franchise tax in any manner whatsoever. 366.135 Existing rates; pending proceedings.- (1) This act shall not be construed to cause to be unlawful any rate which has been previously approved and which is lawfully being charged and collected immediately prior to July 1, 1980. However, no such rate may be changed on or after July 1, 1980, except in accordance with the provisions of this act. (2) Proceedings including judicial review pending on July 1, 1980, shall be governed by the law as it existed immediately prior to July 1, 1980. Administrative adjudicatory proceedings, however, which have not progressed to the state of a hearing may, with the consent of all parties and the commission, be conducted in accordance with the provisions of this act. 366.80 Short title.-Sections 366.80-366.85 and 403.519 shall be known and may be cited as the "Florida Energy Efficiency and Conservation Act." 366.81 Legislative findings and intent.-The Legislature finds and declares that it is critical to utilize the most efficient and cost-effective energy conservation systems in order to protect the health, prosperity, and general welfare of the state and its citizens. Reduction in the growth rates of electric consumption and of weather-sensitive peak demand are of particular importance. The Legislature further finds that the Florida Public Service Commission is the appropriate agency to adopt goals and approve plans related to the conservation of electric energy and natural gas usage. The Legislature directs the commission to develop and adopt overall goals and authorizes the commission to require each utility to develop a plan for increasing energy efficiency and conservation within its service area, subject to the approval of the commission. Since solutions to our energy problems are complex, the Legislature intends that the use of solar energy, renewable energy sources, highly efficient systems, and load-control systems be encouraged. Accordingly, in exercising its jurisdiction, the commission shall not approve any rate or rate structures which discriminates against any class of customers on account of the use of such systems or devices. This expression of legislative intent shall not be construed to preclude experimental rates, rate structures, or programs. The Legislature further finds and declares that 366.80-366.85 and 403.519 are to be liberally construed in order to meet the complex problems of reducing the growth rates of electric consumption and weather-sensitive peak demand; increasing the overall efficiency and cost-effectiveness of electricity and natural gas production and use; and conserving expensive resources, particularly petroleum fuels. 366.82 Definition; goals; plans; annual reports; energy audits.-(1) For the purposes of 366.80-366.85 and 403.519, "utility" means any person or entity of whatever form which provides electricity or natural gas at retail to the public, specifically including municipalities or instrumentalities thereof and cooperatives organized under the Rural Electric Cooperative Law and specifically excluding any person or entity providing natural gas at retail to the public whose annual sales volume is less than 100 million therms. (2) The commission shall adopt appropriate goals for increasing the efficiency of energy consumption, specifically including goals designed to increase the conservation of expensive resources, such as petroleum fuels, and to reduce the growth rates of electric consumption, especially of weather- sensitive peak demand. The Executive Office of the Governor shall be a party in the proceedings to adopt goals. The initial goals shall be adopted no later than September 1, 1980, for the succeeding 5-year period. The commission may change the initial goals for reasonable cause and may reset the time period for accomplishing the goals. After the programs and plans to meet those goals are completed, the commission shall determine whether further goals, programs, or plans are warranted and, if so, shall adopt them. (3) Following adoption of goals pursuant to subsection (2), the commission shall require each utility to develop a plan to meet the overall goals within its service area. If any plan includes loans collection of loans, or similar banking functions by a utility shall perform such as functions, not withstanding any other provision of the law. The commission may pledge up to $5,000,000 of the Florida Public Service Regulatory Trust Fund to guarantee such loans. However, no utility shall be required to loan its funds for the purpose of purchasing or otherwise acquiring conservation measures or devices, but nothing herein shall prohibit or impair the administration or imple- Ch. 365 PUBLIC UTILITIES F.S. 1983 shall also be the agency responsible for preparing lists of sources for energy conservation products or services and of financial institutions offering energy conservation loans, if such lists are required pursuant to federal law.Not withsanding any provision of federal law to the contary, the division shall require any manufacturer's warranty exceeding 1 year in order for a source of conservation products or services to be included on the appropriate list.The lists shall be prepared for the service areas of each utility and shall be furbished to each utility for distribution to its customers.The division shall update the lists on a systematic basis and shall remove from any list any person who has been disciplined by any state agency or who has otherwise exibibited a pattern of unsatisfactory work and any person who requests removal for such lists.The division is authorized to adopt rules to implment the provisions of this section. 0 SUPPLEMENT TO FLORIDA STATUTES 1983 s.370.021 s.370.021 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.370.07 to ascertain whether the provisions of this section 37 0.151 Tortugas shrimp beds; closed areas; per- (5) POWERS OF OFFICERS.-The department tqi and departnment regulations are being complied with, it mits, penalties. ri@iay designate such employees of the several divi- N and to seize and destroy, without compensation, any 370.153 egulation of shrimp fishing; Cl Duval. sions, as it may deem necessary in its discretion, as fqo aquatic plants imported, transported, cultivated, col- Nassau, Putnam. Flagler, and2qIt'. Johns law enforcement officers, who shall meet the provi- of lected, or otherwise possessed in violation of this sec- Counties. sions of a. 943.13(1)-(10q) and have the powers and du. co tion or department regulations. 370.155 Regulation of shrimp fishing in a desig- ties conferred in this subsection, except that such pr (i) To conduct a public information progam,including, nated area. employees shall comply with the provisions of chap- r but not limited to, erection of road signs, in 370.156 Florida East Coast Shrimp Bed; closed te 943. Such officers, together with the executive di- P order to inform the public and interested parties of areas; permits; penalties. rector and the Director of the Division of Law En- qm this section and its associated rules and of the dan- 370.157 Cedar Key closed area for shrimping. forcement, are constituted law enforcement officers aqr ers of noxious aquatic plant introductions. 370.16 Oysters and shellfish; regulation. of this state with full power to investigate and arrest ta The department shall adopt rules which limit 370-17 Sponges; regulation. for any violation of the laws of this state and the th these sanctions available for violations under this act to 370.171 Sponge diving-, restricted waters. rules and regulations of the department under their qsc 370.172 Spearfishing; lurisdiction and for violations of chapter 253 and the ch quarantine and confiscation: definition; limitations; pen- rules and regulations promulgated thereunder. The th (a) If the prohibited activity apparently results alty. general laws applicable to arrests by peace officers, of from natural dispersion; or this state shall also be applicable to such law enforce- (b) If a small amount of noxious aquatic plant 370.021 Administration; rules, publications. ment officers. Such law enforcement officers may en- qte material incidentally adheres to a boat or boat trailer records; penalty for violation of chapter, injunc- ter upon any land or waters of the at-ate for qp.q@rform- operated by a person who is not involved in any flons.- ance of their lawful duties and may take with them qau phase of the aquatic plant business and if that person (1) RULES AND REGULATIONS.-The De- any necessary equipment, and such entry will Dot an is not knowingly violating this act. partment of Natural Resources shall make, adopt, constitute a trespass. It is lawful for any boat, motor qW (5)(a) Any person who violates the provions of vehicle, or aircraft owned or chartered by the d art- ty ,promulgate, amend. and repeal all rules and regula- this section is guilty of a misdemeanor second tions necessary or convenient for the carrying out of ment or its agents or employeei to land on -,leg de- qiqn degree, punishable as provided in s. 775.082 or s. the duties, obligations, powers, and responsibilities qgart from any of the beaches or waters of the state. qp 775.083. conferred on the department or any of its divisions. uch law enforcement officers have the authority, (b) All law enforcement officers of the state and The director of each division shall submit to the de- without warrant, to board. inspect, and search any Orr its agencies with power to make arrests for violations partment suggested rules and regulations for that di- boat, fishing appliance, storage or processing plant, qp of state law shall enforce the provisions of this sec- vision. Any person violating or otherwise failing to fishhouse, spongehouse, bysterbous4ii, or other were- an tion: comply with any of the rules and regulations adopted qsh house, building, or vehicle en2qgqged in transporting or afo e id is guilty of a misdemeanor of the second q" ad storing any fish -or fishery pr itqits...Soich authority degree, pui isqhable.as providec8qOn 9. 775.082 or a. i6' ca search and iqhqsqpeq@t witqh6ut-i-seaich *irrant is lini- etw a* ovotleqa"lqiy' raw. qp I ' ited to those cases in which such law enforcement of- wi (2) PENALTY FOR 2qMLATION.-Ariy per.o. ficers have reason to believe that fish or any saltwater T violating any provisions of this chapter, unless other- products are taken or kept for sale, barter, transpor- ur wise provided. is guilty of a misdemeanor of the first tation, or other purposes in violation of laws or rules pr degree, punishable as provided in a. 7,75.082 or a. promulgated under this law. Any such law enforce- to CHAPTER 370 775.083. ment officer may at any time seize or take possession tqi (3) RULES; ADMISSIBILITY AS EVI- of any saltwater products or contraband which have an SALTWATER FISHERIES DENCE.-Rules and regulations shall be admitted been unlawfully caught, taken, or processed or which fqa 370.021 Administration; rules, publications, rec- o'! evidence in the courts of the state when accompa- are unlawfully possessed or transported in violation qce ords; penalty for violation of chapter; nied by an affidavit from the executive director of the of any of the taws of this state or any rule or regula- re injunctions. department certifying that the rule or regulation has tion of the department. Such law enforcement offi- q0 370.07 Seafood dealers; regulation. been lawfully adopted. promulgated, and published; cers may arrest any person in the act of violating any qc 370.01 1 Adoption of rules, regulations and sani- and such affidavit shall be prima facie evidence of of the provisions of this law, the rules or regulations fe tary codes. proper adoption, promulgation, and publication of of the department, oe the provisions of chapter 253 R 370.08 Fisherman and equipment; -the rule or regulation. and the rules and regulations promulgated thereun- 370.082 Use of gill nets, wing nets, similar de (4) PUBLICATIONS BY DEPARTMENT.- der or any of the laws of this state. It is hereby de' qC vices regulated; penalties; confiscation The department through the Division of Adminisirs- clared unlawful for any person to resist such arrest or fo of equipment. tion is given authority, from time to time in its dis- in any manner interfere, either by abetting or assist- qtqi 370.0821 St. Johns County; use of nets. cretion, to cause the statutory lfiws tinder its jurisdic- ing such resistance or otherwise interfering, with any 370.11 Fish; regulation. tion, together with any rules and regulations promul- such law enforcement officer while engaged in the qiqn 370.1105 Saltwater finfish; fishing traps regulated. g6ted by it, to be published in pamphlet form for free performance of the duties imposed upon him by law an 370.111 Snook, regulation. distribution in this state. The department is author- or regulation of the department. qp 370.112 Striped bass, regulation. ized to make charges for technical and educational (6) DUTIES OF DEPARTMENT OF LECAL so 370.1121 Bonefish; regulation. publications and mimeographed material of use for AFFAIRS.-The Department of Legal Affairs shall qiqn 370.1125 Permits (Trachinotus falcatus). regula- educational or reference purposes. Such charges shall attend to the legal business of the Department of qcqi tion; penalty. be made at the discretion of the Division of Adminis- Natural Resources and its divisions; but, if at any co - -tration. Such charges may be sufficient to cover cost time any question of law or any litigation arises and a 3,0113 Queen conchs of the species Strombus gi f gas; regulation. of preparation, printing, publishing, and distribution. the Department of Legal Affairs is otherwise occu- 370.114 Taking of marine corals and sea fans reg- All moneys received fur publications shall be deposit- pied and cannot give the time and attention neces- 37 11lated; penalties. ed in the General Revenue Fund. The department is saty to such quonitiiwn of law or litigation as the ucca- is 370.12 Marine animals-, regulation. further authorized to enter into agreements with per- sion demands, the several state attorneys shall attend 370.13 Stone crabs; regulation, sons, firms, corporations, governmental agencies, and to any such quest ion of law or litigation arising with- 370.135 Blue crab; regulation. other institutions whereby publicatiuns may he ex- in their respective vircuits; and, if such state attorney 370.14 Crawfish-, regulation. changed reciprocally in. lieu of payments for said is otherwise occupied and cannot give the time and IZ 370.15 Shrimp; regulation. publications. attention necessary to such question of law or litiga- fqu 601 602 [email protected]_____ i984SUPPLEMENTTOFLORIDASTA 370.07 1984 SUPPLEMENT TO FLORIDA STATUTES I 983 a. 370.07 posed upon dealers in the state in seafood and salt. such place of business, and shall pay an annual li- 2. The above stamp shall be requested by the ably made known to the purchaser that the oysters water produci4 as defined hereafter; and it is unlaw- cerise tax of $10 for each of his other places of busi- freezer owner and shall be furnished. at cost, by the were not produced in this staw. ful for anv person. firm, or corporation to deal in any ness. division. or the wholesale dealer may, at his option (h) The Department of Natural Resources shall rise Lrtn i: on tafood dealer is re ' red and at his own expe ' he ted his invoices, promulgate rules whereby oysters produced in Flori. Al such products without first paying for and procuring (a) A nonresident retail i to Pay a license tax of $200- however, if such Mader bills of lading. and other Zm" truirrients the in- a waters can be traced to the location from which the license required by this section, Application for fo all licenses shall be made to the Department of Notu- has more than one place oi business, he shall desig- rmation required in subearagraph 1. The freezer they were harvested. No seafood dealer, as derined ral liesourccs on blanks to be furnished by it, and all nate one place of business as a central place of busi- owner shall be furnished Me Of cBarge a complete herein, shaill sell any oysters produced in this state licens-s shall be issued by the department upon pay- ness, shall pay an annual license tax of $200 for such list of Florida wholesale seafood dealers and their unless they are labeled so that they may be traced to place of business, and shall pay an Etrinual license tax permit numbers. of harvesting. ment to it of the license tax therefor. The licenses are of $25 for each of his other places of business. (01- Saltwater products produced in this state the(5rinLtICENSE REVOCATION: PENALTY.- defined as: (f) An alien retail seafood dealer is required to may be transported within or without the state with- (a) A permit or license issued to a seafood dealer W1. 'Wholesale seafood dealer' is any person, rin, or corporation which sells saltwater fish or oth- pay a license tax of $250; however, if such a dealer out each individual box or container displaying the under the provisions of this chapter is good only to f, has more than one place of business, he shall desig- wholesale permit stamp or permit number. th person to whom issued, and named therein, and cr saltwater products. excluding novelty shells and 2. However, the truckdrivers shall have in their is not transferable. Such permit or license may be re- sponges to any person. firm, or corporation except to nate one place of business as a central place of busi- the con@urner; however, those persons so excluded ness, shall pay an annual license tait of $250 for such possession invoices, bills of lading, and other similar voked: shall make those reports required of such wholesale place of business, and shall Pay an annual license tax instruments showing the number of boxes or contain- I. Bythadivisionupontheconvictionoftheper- dealers. of $50 for each of his other places of business. ers and pounds of each species, displayed with the son to whom issued, of any violation of the laws or -2, Wh,never a person, firm, or corporation, al- (g) All the foregoing funds hereafter collected by Nermit stamp or permit number of the wholesaler, rei;lations designed for the conservation of fish, sea- ready in possession of a wholesale seafood dealer li- the department, together with any other funds de- istributor, or producer from whom the shipment food, or other products of the fresh or salt waters of cen4e, finds it useful and expedient to have more rived from the Federal Government or otherwise, was received. than one establishment, and the function of such ad- shall be deposited in a Florida Saltwater Products 3. Further, in the event that the seafood products this state; ditional establishments is the loading and prepare- Promotion Trust Fund to be administered by the de- in transit came from more than one dealer, distribu- 2. Upon conviction of the person, to whom issued, tion of products for later transshipment to the cen- partiment for the promotion of all saltwater products tor, or producer, each lot from each dealer shall be of knowingly dealing in, bu3ing, selling, transporting, tral place of business, it is not necessary for that per- produced in this state. covered by invoices, bills of lading, and other similar rj-sising. or taking any fish, seafood, or saltwater son, firm, or corporation to obtain an additional (h) All deposits heretofore made by the depart- instruments showing the number of boxes or contain. uct at any time an. from any waters, in viola. wholesale dealer license. ment into the Florida Saltwater Products Promotion ers and the number of pounds of each species. and tion of the laws of this state, or such instruments shall be stamped or printed with 3 B Lb di i i upon satisfactory evidence of 3. In order for such a subordinate establishment Trust Fund are hereby ratified and confirmed. . vO( e . vision or structure to be ezempt from the requirement of (3) WHOLESALE PERMIT; PENALTY.- that dealer's. distributor's, or proaucer-a wholesale any ti.. f the laws or any regulations of this having a wholesale dealer license, all products pass- (a)l. Saltwater products produced outside this permit stamp or permit number. state d ' d for the conservation of fish, seafood, or ing through must have the establishment of the li- state, and transported to this state for processing, 4. It is unlawful to sell, deliver, ship, or transport, other = of the fresh or salt waters of this state ce;sed wholesale dealer under whose license the freezing, and storage are not required to display a of to possess for the Purpose of selling, delivering, Or of any of the taws of this state relating to dealing branch functions as their immediate destination. wholesale permit number on the individual packages, shipping, or transporting, any fish, seafood, or other in, buying, selling, transporting, possession, or taking 4. If any products leave the branch or subordi- boxes, or containers when they leave the freezer for products of the salt waters of this state, without all of fish, seafood, or saltwater products. nate station for shipment or delivery to any destina- shipment out of state. Truckdrivers, in such in- invoices and containers of such products having (h) Upon revocation of such permit or license, no tion other than the wholesale dealer under whose li- stances, shall, however, have in their possession in- thereon the wholesaler' a jernait num@bfr in such form other or further permit or license may be issued to el h cerise the branch functions. the loading or subordi- voices, bills of lading, and other similar instruments, as may be prescribed un er a provisions of this sec- the holder of the one revoked within 3 years from the nate location will also require a wholesale dealer li- printed or stamped with a special permit stamp giv- tion and the rules and regulations of the department, date of revocation, except upon special order of the cerise. ing the name of the freezer and the location of the and any such products found in the possession of any division. After revocation as aforesaid it is unlawful 5. Allirovisions of this act apply to establish- freezer and stating that items on manifest are pro- Eerson whosoever is in violation of this provision may for such seafood dealer to exercise any of the privi- ments an feeder stations when both categories are duced outside this state. Invoices, bills of ladin and e seized by the division and disposed of in the man. leges of a licensed seafood, dealer. 1,,cated within a single countv. Whenever intercounty other similar instruments shall show the nurater of (c) Any person violating the provisions of this transportation becomes invc@lved, the point of origi; packages, boxes, or containers and the number of ay be con- section is guilty of a misdemeanor of the first de6ree, and point of destination must both be licensed. pounds of each species to cover and identify all saIL- a consumer punishable as provided in a. 775.082, a. 775.OS3, or a. (b@ A -retail seafood dealer' is any person, firm, water oducts in the shipment. on by 775.084. or corporal ion which sells saltwater fish or other salt- 2. We above stamp shall be requested by the prod- (6) RECORDS TO BE KEPT; PENALTY.- water products directly to the consumer as seafood, freezer owner and shall be furnished, at cost, by the to t sale Seafood dealers shall be required by the division to but no license is required of a dealer in merchandise division, or the freezer owner may exercise the op- an e ivery of 0 catch or products, to a Flori- make and preserve a record of the names and ad- who deals in or sells only salted, cured, canned, or tion, at his own expense, of having the information da-licensed whol sal dealer, by any person catching dresses Of persons from whom or to whom fish, sea- smoked seafood. required in subparagraph 1. printed on his invoices, or gatherinj the same. Wholesale &#afood dealers' food. or other products of the salt waters of the state bills of lading, and other similar instruments. permits an licenses shall be issued only to appli- are purchased or sold; the quantity so purchased or Any person. firm, or corporation which is, under the (b)l. Saltwater products produced in this state cants who furnish to the division satisfactory evi- sold from or to each vendor or purchaser; and the foregoing definitions, both a wholesale seafood dealer and processed, frozen, and stored by Florida whole- dence of law-abidinF reputation and who pledge data of each such transaction, and such record shall and a retail seafood dealer shall obtain both a whole- sale dealers are not required to display the wholesale themselves to the faithful observance of all Of the be open to inspection at all times by the division. A sale seafood dealer's license and a retail seafood deal- permit number of the individual owner on individual laws and lawful regulations of this state regulating monthly report shall be made to the division covering er's license. packages, boxes, or containers when they are re- the conservation, dealing in, taking, selling, trans- the sale or sales of products of salt waters of the (2) LICENSES; AMOUNT, TRUST FUND.- moved from freezer for shipment or delivery in or out porting, or possession of fish, seafood, and other salt- state. The permit or license of tiny dealer shall be re- la) A resident wholesale seafood dealer is re- of this state. Truckdrivers, in the above instances, water products, and cooperation in the enforcement voked for failure or refusal to make and keep such quired to pay an annual license tax of $300. shall, however, have in their possession invoices, bills of all such laws, to every reasonable extent, which records and make such reports, for failure or refusal (h) A nonresident wholesale seafood dealer is re- of lading, and other similar instruments printed or pledge may be included in the application for permit quired to pay an annual license tax of $500. stamped with a special permit stamp giving the name and license. Any person violating the provisions of to permit the examination thereof as required, or for (el An alien wholesale seafood dealer is required of the freezer and its location and the number of the this section is guilty of a misdemeanor of the First de- falsifying any such record; however, this section does .082 or ,, to consumers. Any person violating the provisions of to pay an annual license tax of $750. licensed wholesale dealer written in a blank space gree, punishable as provided in a. 775 not apply to sales by retail dealers in retail quantities il seafood dealer is required to provided in the stamp. Invoices. bills of ladin d 775.083. (d) A resident rela mj),ean pay an annual license tax of $25; however, if such a other similar instruments shall show the nu r of 1(4) LABELING.- this section is guilty of a misdemeanor of the second dealer has more than one place if business, he shall packages, boxes, or containers and the number of (a) No seafood dealer, as defined herein, shall sell degree, punishable as provided in a. 775.U82, s. designate one place of business as a central place of pounds of each species to cover and identify all bell- any oysters produced outside this state unless they 775 '083 -or a. 775.084. 2. h 2.14S. 1953.. 1 h 2V9W 19M -@ I lb 57 U-1: 2. business, shall pay an annual license tax of $25 for water products in the shipment. are labeled as such, or unless it is otherwise reason- . 'I, ,h. 57 3JS;. 2. lb 61-22:, I.,h 1"L 6, 603 604 0 9.370.0 1984 SUPPLEMENT TO FLORIDA STAq@UTES 198 a.370.08 s.370.08 1984 SUPPLEMENT TO FL h r.7.2b*,. ,s 5ch 63.io6. 23.,h 711-M. q3) USE OF PURSE SEINES, GILL NETS, the standard bait, lure, plug or spoon. It is unlawful - - a 136;. i.ch. gang hook, multi- 1. ch. 80 116. - 412. ch &,3134... 2. ch. 64-121h. 83 134 euntoded by &AND POUND NETS, ETC.; PENALTY.-No per- to take snook by use of gig or grain, `" = i fqht',.' CqL' * .Note.-Repe,1,J tff,@ctite, `-@y son may take food fish within or without the waters pie hooks, snatch hooks, or any other device designed 2h 64 121. h.h f-hl- P _ tra I ..... qQ qVqabinal b- not I'!. by Jay 1. 1@,4. th. ..basrti. .1.11 ...i. ;. W. of this state withapurse seine. purse gill net, or other to impale or hook the fish. What is commonly called rj. au, -feci- &eti- 9. ch63 134. P.,idft that. prior to the ne there- snook snatching is prohibited in the waters of this .d."- @4 culen !aj@p_g` pq- "' forth net using rings or ther devices an the lead Ii in . he ktnot F.h.- - q@12q@- I thef-, of throughwhich a purse line is drawn, or pound net state. 6 re.d.r- - bee., d. _i"'d t...d P `qpqrq�r.",qpqeaj shhu be acted upon -1 " 1" h any food fish a ."d ou .-h dLg..i terb-uch .,i.. .1 or ave o taken in his possession fciq@ 100) ILLEGAL USE OF POISONS, DRUGS, OR -1-1, fo-t 01. sale or shipment. The provisions of this section shall CHEMICALS.- not apply to shrimp nets or to pound nets or purse (a) It is unlawful for any person to place poisons, seines when used for the taking of tuna or menhaden drugs, or other chemicals in the marine waters of this 370-071 Adoption of rules, regulations and violating this section shall be state unless that person has first obtained a permit sanitary c odes.-- [Repealed effective July 1, 1994, fish only. Any person a, 0 by s. 6, ch. S3-1:14, as amended by a. 2. ch. 84-121, guilty of a misdemean, f the first degree, punish- for such use from the Division of Marine Resources of which further provides that if the Governor and Cab- ab rovided in a. 775-082 or a. 775.083. the Department of Natural Resources. a " "RETURN OF FISH TO WATER; PENAL- (b) Upon application on forms furnished by the inet have not adopted ppropriate rules by July 1, (4) 19S4, this section shall remain in force until such TY.-AII persons, taking food fish from any of the division, the division may issue a permit to use poi- rules are efrective. Section 9, ch. 83-134, provides waters of this state, by use of seines, nets, or other sons, drugs, or other chemicals in the marine waters that, prior to the adoption of rules amending, readop- fishing devices and not usinqf any of such fish because of this state for the purpose of capturing live marine ting, or repealing these provisions set forth in a. 6, the of size or other reasons, shal immediately release and species. The application and ermit shall specify the Marine Fisheries Commission shall hold a public return such fish alive to the water from which t;en area in which collect' wiFI be done the drugs, - n8qL used, and the maximum hearing thereon, and no such amendment, readop- and no such fish may be placed or deposited or any chemicals, or poisons qito t:on, or repeal shall be acted upon until it has been bank, shore, beach or other place out of the ;v ter. amounts and concentrations at each samplin (c) Violation of this subsection g. 8qLtermined. baed upon appropriate findings of fact, Any.qp.erson violating or failing to comply wit: the shall constitute a that such action will not adversely affect the re- provisions of this section shall be guilty of a misde- misdemeanor of the second degree, punishable as s,,urce.) !neanor of the second degree, punishable as pro% ided provided in a. 775.082 or a. 775.083. The Department ins. 175.082 or a. 775.083. of Natural Resources may revoke the permit for vio- 370.08 Fisherman and equipment; regul*- (5) THROWING EXPLOSIVES OR USE OF lation of the conditions placed on its issuance. FIREARMS IN WATER FOR PURPOSE OF K.i.L- '(11) USE tion- , OF GILL-NETS FqOR TAKING KING :(D ILLEGAL POSSESSION OF SEINESAND ING FOOD FISH PROHIBITED; PENALTY.-No M.ACKERqEL-1q40 usqion ma@ take king mackirqel qa y NETS.-No person q6ay have in his custody or pos- Person may throw or cause to be thrown, into any of from the w tars witqgien 'or without this state in any county of-this'state-any fishibg seine or thq waters of this state. anydynamite, lime, other ex- bordering on the Atlantic Ocean, except Men- FessiaRin,sqn%, oafil .)county, wh'ich'1b'T"fis ng purposes-in-ii c . 'plesives.dj'di@q@qhbq@qiqi-iii'y'fit6aq&srW tsbeitdr1fqoqi't2q"' 16q@ Cktubty.'or lafiqdahjrki6qQ ixuickq@q&l to tqiilqiiri@q@qA00qV county,prohibited by law. Such possession shall be purpose of killing food fish therein. The landing a gill net having a hanging depth of mo a than 200 evidencte@ of a violation'of this subsection by both the ashore or'possession on the water by any person of meshes of 4114-inch stretched mesh, measured from ,;w ne, thereof and the per-on using or possessing said art%- food fish that has been damaged by explosives or the cork line to the lead line or its equivalent. Posses- net. The provisions of this subsection shall not apply thq; landing of headless jewfish oil grouper, if the sion of such a net is prima facie evidence of a viola- to shrimp nets, to pound nets or purse nets wnen ir tion of this subsection. Any person who violates this qLn rouper is taken for commercial use, is prima facie used in taking menhaden fish, to seines used exclu- e%idence of violation of this section. Any person vio- subsection is guilty of a first degree misdemeanor, sively for taking herring, or to legal beach seines used lating any of the provisions of this section shall be punishable as provided in 9. 775.082 or s. 775.083. in the open gulf or Atlantic Ocean if the possession of guilty of a misdemeanor of the first degree, punish- '(12) SIZE OF MESH IN KING MACKEREL such nets is not prohibited in the county where able as 'cled in a 775.082 or a. 775.083. NETS.-No person may set a school of king macker- found. Violation of this subsection is a misdemeanor 1(6) 2q401IN'4qNS, POCKET BUNTS.-In any coun- el within or without the waters of this state with a net of the first degree, punishable as provided in a. ties where seines are not prohibited on the open gulf having a mesh size of less than 43/4 inches. Any person ,-, 3062. s. 7 7 5083. or s. 775.084. or Atlantic Ocean, such seines may have a pocket who violates this subsection is guilty of a misdemean- 'i21 STOP NETTING DEFINED; PROHIBI- bunt on the middle of the seine of a mesh size less or of the first degree, punishable as provided in q9. TION; PENALTY.- than that provided by law. 775.032 or a. 775.083. (a) It is unlawful for any person to obstruct any ;(7) GILL NETS.-In any county in which gill Hlt.,Y- 2. ch. 28145, 1953, . 1. h 57.765; .. 1. ch. 67766. . 1. ch. q59. river, creek, canal. pass, bayou or other waterway in nets or gill netting is not prohibited, such nets when 477; .1. cb@ 65 182; .. 25. 35. ch. 69-106; . 1. ch. 69231; . 283, h 71.136; q. 73 66; a. 1, ch. 76-101; , 1. ch718-M. 1 1. CL 7111-169, L 2. ch. 78-04; L 2q. this state by placing or setting therein any screen, q@eing fished may be gathered or taken in or taken up q!@`9q063: & 7. ct, 93-134; L 2. ch. 94-121, net, seine. rack, wire or other device, or to use, set, or in any manner when such nets are gathered in, taken 'Nnt-R.p,&Jed Wecti. July 1. ism. by . 7. ch. 93-134. . --d,4 by place &nv net or seine or similar device of anv kind, in or taken up by hand; howtver, no net may be 2. ch. 84121. Wch further Pr-idee, that it the Gq@rnor ard Cabiort her u dwd pp-pfi.w u],, by Jdy 1. Its5. hi, _b_W. than -i. in either singularly or in rotation or one behind another p tied up on shore where seining is prohibited. Such until auch colea art eff-- section 9, ch- 83.134. proidee q4t. prior to qtqhqe in any manner whatsoever so as to prevent the free nets may be gathered or taken n or taken up by pow- -duption a -1. tuntodi", 1-dopli prohq- set, (.q,qcqh passage of fish. Any person violating this section er on the open waters of the Gulf of Mexico or the At- in s7. the Matine Foh,ri. (`-=0qu-qa0q=i -.q1 [email protected] hearing Lberqrqoqm -d - -h -d.,.' . ir.d.,puor. u, p..1 q" be acted upon "ta it hq. shall be guilty of a misdemeanor of the first degree, lantic Ocean. b-,, d-i.,d, hawed pu. pp,up,i.. fidj@p of fact. that such actina ill punishable as rovided in s. 775.082 or B. 775.083. 1(8) USE OF GEAR AND OTHER EQUIP- out d-nel, 0- the (b) It is oi2qgwful for any person, while fishing or INIENT.-Whenever it shall appear in the beat inter- attempting to fish for shrimp or saltwater fish, to at- eats of conservation and will result in a more efficient 370.082 Use of gill nets, wing nets, and simi- tach or otherwise secure a frame net, trawl net, trap use of offshore fisheries resources, the Division of lar devices regulated; penalties; confiscation of net, or similar device to any state road bridge or asso- Marine Resources of the department may issue a per- eq uipment.- I Repealed effective July 1, 1985, by qa. ciated structure situated over any saltwater body or mit for the use of gear and equipment essential to 7. ch. 83-134. as amended by 9. 2, ch. 84-121, which to use more than one such net or device while fishing such exploitation. The provisions of this section do further provides that if the Governor and Cabinet from such bridge or structure. For the purposes of not apply to shrimping and sponging operations and have not adopted appropriate rules by July 1. 19aq5, this paragraph, it frame net" is any net similar to a all local and general laws pertaining to shrimps and this section shall remain in force until such rules are hoop net, the mou th of which is held open by a sponges remain in effect. effective. Section 9, ch. 83-134, provides that, prior to frame, with a trailing mesh net. of any size. Cast nets, 49) SNATCH HOOKS, USE OF PROHIBITED the adoption of rules amending, readopting, or re- dip nets, and similar devices are specifically excluded TO TAKE SNOOK.-The taking of the game fish pealing those provisions set forth in a. 7, the Marine froqj2qWrotion of this paragraph. 605 snook in state waters is prohibited except by use of Fisheries Commission shall hold a public hearing 6 8q0 0 370.1Z 9.370.12 1984 SUPPLEMENT TO FLORIDA SIATUTES 1983 a.370.12 a.370.1 2 SUPPLEMENT TO FLORIDA STATUTES 1983 lect or attempt to capture or coHect any manatee: the confluence of Blue Springs and the SL John& Riv- 12 Striped bass. regulation.-[ Repealed nor and Cabinet have not adopted appropriate rules Kursue, hunt, wound, or kill of attempt to pursue. er. effective July 1. 1985. by a. 7. ch. 83-134, as amended by July 1, 1984, this section shall remain in force un rtion of the A]- 370.11 bv a. 2. ch 84-121. which further provides that if the til such rules are effective. Section 9, ch. 83-134, pro- nt, wound. or kill any manatee; or possess, literally 9. In Hillsborough County* that or constructively, any manatee or any part of any afia River from the main shipping cKoannel in Tamps 6o%ernor and Cabinet have not adopted appropriate vides that, prior to the adoption of rules amending. Bay to U.S. Highway 41. rules by July 1, 1985, this section shall remain in readopting, or repealing those provisions set forth in manatee. Any person violating the provisions of this a Venice Inlet and con - force until such rules are effective. Section 9. ch. 83- 9. 6, the Marine Fisheries Commission shall hold a paragraph is lilty of a misdemeanor of the first de- 10. In Sarasota County. th 134. provides that, prior to the adoption of rules public hearing thereon, and no such amendment, rea- gtee, punishave as provided in 9. 775.082, a. 775.083, necting waters within I mile thereof, including L)'0113 alaeriding, readopting, or repealing those provisions cloption, or repeal shall be acted upon until it has or a. 775.084. Bay, Donna Bay, Roberts Bay, and Hatchett Creek, set forth in s. 7. the Marine Fisheries Commission been determined, based upon appropriate findings of (e) Any gun, net, trap. Spear, harpoon, boat of excluding the waters of the intracciastal waterway and the right-of-way bordering the centerline of the shall hold a public hearing thereon, and no such fact, that such action will not dversely affect the re- any kind. aircraft, automobile of any kind, other mo- amendment, readoption, or repeal shall be acted source.] torized vehicle, chemical, explosive, electrical equip- intracciastal waterway. upon until it has been determined, based upon ap- ment, scuba or other subaquatic gear, or other inst"u- 11. In Collier County: within the Port of Islands, propriate findings of fact, that such action will not ment, device, or apparatus of any kind or des tion within section 9, township 52 south. range 28 east, 370.12 Marine animals; regulation- adversely affect the resource.1 used violation of any provis (d) and certain unsu (1) PROTECTION OF 161ARINE TURTLES, in ion of paragrap Irveyed lands, all east-west canals NESTS, AND EGGS; PENALTY.- may be forfeited upon conviction. The foregoing pro- and the north-south c ... I to the southerly extent of 370.1121 Bonefish; regula tion.-IRe pealed (a) No person may take, possess, disturb, muti- visions relating to seizure and forfeiture of vehicles, the intersecting east-west canals which lie southerly 0 effectiv,July 1, 198.5, by a. 7, ch. 83-134, as amended vessels equipment, or supplies do not apply when I the centerline of U.S. Highway 41. late destroy, cause to be destroyed, sell, offer for 12. In Manatee County: that portion of the Man- by s, 2,ech. 84-121, which further provides that if the sale', transfer molest, or h ra any marine turtle such @ehicles, vessels, equipment, or supplies are Governor and Cabinet have not adopted appropriate nest or eggs L any time. Asnyspe= violating this owned by, or titled in the name of, innocent partie -atee River east of the west line of section 17, range 19 a' rules by July 1, 1985, this section Shall remain in or of the first de- and such provisions shall not vitiate any valid lien, east, township 34 south; the Braden River south of paragraph is guilty of a misclemean the north line and east of the west Une of section 29, force until such rules are effective. Section 9, ch. 83- a provided in a. 775.082 or a. retain title contract, or chattel mortgage on such ve- gree, punishable a hicles, vessels, equipment, or supplies if such lien, re- range 18 east, township 34 south; Terra Ceia Bay and 134, provides that, prior 1.0 the adoption of rules 775.083. amending, readopting, or r pealing those provisions (b) No person, firm, or corporation may take, kill, tain title contract, or chattel mortgage is property of River, east of the west line of Sections 26 and 35 of set fortWin a. 7, the Marine Fisheries Commission ublic record at the time of the seizure. 1 17 east, township 33 south, and east of the west disturb, mutilate, molest, harass, or destroy any ma P (f) In order to protect manatees or sea cows from Irnegeof section 2, range 17 east, to hi 34 south; al and Bishop Harbor east of w1innse Ysection 13, shall hold a public hearing, thereon, and no such rine turtle, unless by accident in the course of norm the west amendment, readoption, or repeal shall be acted fishing activities. Any turtle accidentally caught will harmful collisions with motorboats, the Department upon until it has been determined, based upon ap- be returned alive to the water immediately. A viola- of Natural Resources shall adopt rules under chapter range 17 east, township 33 south. propriate findings of fact, that such action will riot tion of this paragraph is a misdemeanor of the first 120 regulating the operation and speed of motorboat 13. In Dade County: those portions of Black adversely affect the resource.) degree, punishable as provided in a. 775.0821 or a. traffic only where manatee 6ightings are frequent and Creek lying south and east of the water control dam, 775.083. it can be generally assumed that they inhabit these including all boat basins and connecting canals with- 370.1125 Permits (Trachinotus falcatus); (c) No person, firm. or corporation may possess areas on a regular or continuous basis; in I mile of the dam. regulation; penalty.- [Repealed effective Jolly 1. any marine turtle or parts thereof unless it is in pos- 1. In Lee County: the entire Orange River, in. (g) The Department of Natural Resources shall adopt rules regulating the operation and speed of 1935, by a. 7, ch. 83-134, as amended by a. 2, ch. 84- session of an invoice evidencing the fact that the ma- eluding the Tice Florida Power and Light Corpora. 121, which further provides that if the Governor and rine turtle or parts thereof has been imported from a tion discharge canal and adjoining waters of the Ca- motorboat traffic only where manatee at h ings Cabinet have not adopted appropriate rules by July foreign country or outside the territorial waters of the loosahatchee River within I mile of the confluence of frequent and it can be generally assume t at t! inhabit these areas on a regular or continuous b, I'19S5 this section shall remain in force until such state, or are possessed under special permit from the the Orange and Calocisahatchee Rivers. within that portion of the Indian River between ine rules @e effective. Section 9, ch. 83-134, provides Division of Marine Resources for scientific, educa- 2. In Brevard County: those portions of the Incli- St Lucie Inlet in Martin County and the Jupiter In- that, prior to the adoption of rules amending, readop- tional, or exhibitional purposes. Violation of this an River within three-fourths of a mile of the Orlan- iei in Palm Beach County. The main channel of the ting, or repealing those provisions set forth in a. 7, the paragraph is a misdemeanor of the first degree, pun- do Utilities Commission Delespine powe)r plant efflu- Atlantic Intracoastal Waterway %ithin this area is ex- Marine Fisheries Commission shall hold a public ishable as pro%ided in s. 775.082 or a. 775.083. ent and the Florida Power and Light Frontenac pow. empted from speed restrictions. In addition. the de- hearing thereon, and no such amendment, readop- (2) PROTECTION OF MANATEES OR SEA er plant effluents. partment shall adopt ru!esregulating the operation tion, or repeal shall be acted upon until it has been COWS; PENALTY- 3. In Indian River County: the discharge canals of ck speed of motorboat tr ffic only where manatee (a) This subsection shall be knuwn and may be all determined, based upon appropriate findings of fact, the Vern Beach Municipal Power Plant and connect- sightings are frequent and it can be generally as- that such action will not adversely affect the re- cited as the "Florida Manatee Sanctuary Act." ing waters within I IA miles thereof. sumed that they inhabit these areas on a regular or source.] (b) The State of Florida is hereby declared to be 4. In St. Lucie County: the discharge of the Hen- continuous basis within the Lomahatchee River in a refuge and sanctuary for the manatee, the "Florida ry D. King Municipal Electric Station and connecting Palm Beach and Martin Cdunties, including th- 37 0.113 Queen conchs of the species Strom- state marine mammal." waters within I mile thereof. north and southwest forks thereof. A limited lane c _. bus gigas; regulation.-I Repealed effective July I (c) Whenever the department is satisfied that the 5. In Palm Beach County: the discharges of the corridor providing for reasonable motorboat sp tcis . -1 .84 e will be subserved, and that the ap- 51 1984. bv s. 6, ch. 83-134, as amended by a 9 ch -interest of scienc Florida Power and Light Riviera Beach power plant may be identified and cle i graited within this art Lt. 121, which further provides that if the Governor and plication for a permit to possess a manatee Or Sea cow and connecting waters within I 1h miles thereof. (h) The department shall adopt rules regula;ing Cabinet have not adopted appropriate rules by July (Trichechus monatus) is for a scientific or propaga- 6. In Broward County: the discharge?canal of the the operation and speed of motorboat traffic only 1, 198@ this section shall remain in force until such tional purpose and should be granted, and after con. Fluricla Power and Light Port Everglades power where manatee sigbtings are freyent and it can be a i ale effective. Section 9, ch. 83-134, provides currence by the United States Department of the In- plant and connecting waters within 11@2 miles thereof generally assumed that they inha it these areas on a that, prior to the adoption of rules amending. read,,p- teriur, the Division of Marine Resources may grant to find the discharge canal of the Florida Power and regular or continuous basis within the Withlacocichee ting, or repealing those provisions set forth in 9. G, the any person making such application a special permit Light Fort Lauderdale power plant iond connecting River and its tributaries in Citrus and Levy Counties. Marine Fisheries Commission shall hold a public to Possess a manatee or sea cow, which permit shall waters within 2 miles thereof. For purposes of ensur- The specific areas to be regulated include the Withia- hearin- thereon, and no such amendment, readop- specify the exact number which shall be maintained ing the physical safety of boaters in a sometimes tur- couches River and the U.S. 19 bridge westward to a tion. or repeal shall be acted upon until it has been in captivity. bulent area, the area from the easternmost edge of line between U.S. Coast Guard markers n mber 33 determined, based upon appropriate findings of fact, (d) Except as may be authorized by the terms of the authorized navigation project of the intracoastal and number 34 at the mouth of the river, ncluding that such action will not adversely affect the re- a valid state permit issued pursuant to paragraph (c) waterway east through the Port Everglades Inlet is all side channels end coves along that porti in of the source.) or by the terms of a valid federal permit, it is unlaw. excluded from this regulatory zone. river; Bennets'Creek from its beginning to i a connu- ful for any person at an), time, by any means, or in 7. In Citrus County: headwaters of the Crystal ence with the Withlacouchee River; Biro 's Creek 370.114 Taking of marine corals and sea any manner intentionally or negligently to annoy, River, commonly referred to as King's Bay, and the from its beginning tu its corifl,ience with th - Withis- fang regulated-, penal t ies.-- I Repealed effective molest, harass, or disturb or attempt to molest. ha- Hoinosassa River. coochee River; and the two dredged canal sy@tem- on July 1, 1984, bv s. 6. ch. 8,3-134, as amended by b. 2. rass, or disturb any manatee; injure or harm or at- 8. 11, Volusia County: Blue Springs [tun and con- the north side of the Withlacciochee River suuthwest ch.-84-121, which further provides that if the Gover- tempt to injure or harm any manatee; capture or col- necting waters of the St. Johns River within I mile of of Yankeetown. A limited lane or corridor providing 607 (108 a.370.12 1984 SUPPLEMENT ILO FLORIDA STATUTES 370*U P.370.12 1,984 SUPPLEMENT TO FLORIDA STATUTES 1983 P-370.1 cies, assist the recovery of the endangered or threat- amendin for reasonable moturb,iat speeds tuay be identified bility are to be established between the department readopting. or repealing those provisions and designated within this area. and the commission by interagency agreement. ened marine mammals, and prevent the endanger- set for in B. 8, the Marine Fisheries Commission - (m) The department shall 'promulgate regula- ment of other species of marine marnmals, and other shall hold a public hearing thereon, and no such W In the event any new power plant is construct - tions relating to the operation and speed of motor limilar programs intended to Trotect and enhance amendment, reacloption, or repeal shall be acted ed or other source of warm water discharge is discov boat traffic in port waterei 'with due regard to the the recovery of the manatee an other species of me- upon until it has been determined, based upon ap- ered within the state which attracts a concentration rine mammals. propriate findings of fact, that such action will not of manatees or sea cows during the period -between safety requirements of such traffic and the naviga- November 15 of each year and March 31 of the suc- tional hazards related to the movement of commer- (b) When the federal and state governments re- adversely affect the resource.] move the manatee from StatU3 as an endangered or ceeding year, the Department of Natural Resources is cial vessels. threatened species, the requirement for an annual at- directed to adopt rules regulating the operation and (n) The department may designate by rule other 370.11531 Tortugas shrimp beds; closed areas-, speed of motorboat traffic within the area of such portions of state waters where manatees are fre- location of $250,000 may be reduced. permits; p is nalt ies.- [Repealed effective July 1. quently sighted and it can be assumed that manatees 111.1-7- 2. ch- 28145.1953;.. 1. 2. & 57.711;.. 1.,IL 69 413: 11. ch. 67. 1986, by a. 8, ch. 83-134, as amended b6 8. 2, ch. 84- discharge, incorporating a zone sufficient in size to 2198;.23,35..h.69 106;.I..L-.0.48;.I.&70.357;@l.cIL71.120,..20. protec the concentration of manatees or sea cows inhabit such waters periodically or continuously. CIL 71-136; - 1. IA. ch. 71-145; & 1, ch. 74.2% L I ch 77- t74-i I cb-78-252. 121, which further provides that if the, overnor and c & 79 ch. 79.L64;& ach. 81-22% w 1, 2,ch. 92-17,&,'. i.,IL 93:81;@ 68.1h. 64' which toccurs thereby. Upon designation of au h waiters, the department 33&' Cabinet have not ado Led appropriate rules by July 0) It is the intent of the Legislature through shall adopt rules to regulate motorboat speed and op- 1, 1986, this section Kill remain in force until such adoption of this paragraph to allow the Department eration which are necessary to protect manatees from 370.13 Stone crabs; re gulat ion.- I Repealed rules are effective. Section 9, ch. 83-134, provides of Natural Resources to post and regulate boat harmful collisions with motorboats. effective July 1, 1984, by a. 6, ch. 83-134, as amended that, prior to the adoption of rules amending, readLip- . (3) PROTECTION OF MAMMALIAN DOL- Ling, or repealing those provisions set forth in a. 8, the speeds only where manatee sightings are frequent by a. 2. ch. 84-121, which further provides that if the Marine Fisheries Commission shall hold a public and it can be generally assum.ed that they inhabit PHINS (PORPOISES); PENALTY.- Governor and Cabinet have not adopted appropri !a hearing thereon, and no such amendment, reaclop- these areas on a re tat or continuous basis. It is not (a) It is unlawful to catch, attempt to catch, mo- rules by July 1, 1984, this section shall remainain the intent of the Uegislature to permit the depart- lest, injure, kill, or annoy, or otherwise interfere with force until such rules are effective. Section 9, ch. 83. tion, or repeal shall be acted upon until it has been ment to post and regulate boat speeds generally in the normal activity and well-being of, mammalian 134, provides that, prior to the adoption of rules determined, based upon appropriate findings of fact, the above-described inlets, bays, rivers, creeks, there- dolphins (porpoisesi, except as hereinafter provided. amending, readopting. or repealing those provisi?ng that such action will not adversely affect the re- by unduly interfe ring with the rights of fishermen, (b) Any person, firm, or corporation desiring to set forth in s. 6, the Marine Fisheries Commission source.) b@aters, and water skiers using the areas for recre- take one or more mammalian dolphins from the wa- shall hold a public hearing therecn, and no such ational and commercial purposes. Limited lanes or ters of this state for scientific, educational, or exhibi- amendment, readoption, or repeal shall be acted 370.1153 Regulation of shrimp fishing; Clay, corridors providing for reasonable motorboat speeds tional purposes shall apply for a permit to the Divii- upon until it has been determined, based upon ap- Duval, Nassau, Putnam, Flagler, and St. Johns may be identified and designated within these areas. sion of Marine Resources. Upon determining that the propriate findings of fact, that such action will not Courities.-IRepealed effective July 1, 1986, by s. 8, kk) The department shaU adopt rules regulatin interests of science or education will be served there- adversely affect the r ourc ch. 83-134, as amended by a. 2, ch. 84-121, which fur- 9 bthe division may issue a permit specifying the e the operation and-speed of motorboat traffic all year Y. ther provides that if the Governor and Cabinet have around within'Turkey Creek and its tributariesand number of mammalian dolphins to be taken. 370.135 Blue crab; regulation.-[Repealed ef. not adopted appropriate rules by July 1, 1986, this (c) Any person, firm, or cog,)o@atio@ desiring,to @seqtiqn stWI ro'biaiii"injor6e.until- such rules wv`@f- "lanaiO'C9ve in Briyiird:C Optyjhe.Apecif@,,. &roheoi b1phi iw ., captivity' fecti@i JWy- V, 1984%, by)tsi,6@ ch,8VJ84,1 as,simerid6d',, .f ". .. ... 1. hot t, lieri&atila, *@d' isisr a : by a. 2, ch. 84-121, which further provides that if the Ic 21rleaal shall provide and maintain facilities which meet the t fe@d@e: SeiiionV, ch. 8@43i@ pr@vides thai,'prioi to clopting, or re- 1. A body of water which starts at Melbourne r Governor and Cabinet have no adopted appropriate the adoption of rules amending, rea Tillman Drainage District structure MS-1, section equirements of the division. rules by July 1, 1984, this section shall remain in 11 .4 those provisions set forth in a. 8, the Marine No mammalian dolphin shall be shipped 35, township 28 south, range 37 east, running east to (d) force until such rules us effective. Section 9, ch. 83- Virlieries Commission shall hold a public hearing inct within or outside the state without speSis@l permit thereon, and no such amendment, reacloption, or re- ude all natural waters and tributaries of Turkey from the di%ision, which may requirle such informa- 134, provides that, prior to the adoption of rules Eea hall be acted upon until it has been determined, Creek, section 26, township 28 south, range 37 east, amending, readopting, or repealing those provisions as I s to the confluence of Turkey Creek and the Indian tion as it deems necessary relative to the adequacy of set forth in a. 6, the Marine Fisheries Commission ed urn appropr*e findings of fact, that suc@ ac- r River, section 24, township 23 south, range 37 east, holding facilities of the recipients; and a permit for shall hold a public hearing thereon, and no such tion wil not adversely affect the resource.] including all lagoon waters of the Inclian River bor- such shipment may be granted only when the divi- amendment, readoption, or repeal shall be acted dered on the west by Palm Bay Point, the north by sion determines the facilities are adequate. upon until it has been determined, based upon ap- 370.155 Regulation of shrimp fishing in a I (e) Notwithstanding the other provisions of this Castaway Point, the east by the four immediate spoil section, it is unlawful to capture at any time any propriate findings of fact, that such action will not designated area.-[Repealed effective July 1, 1966, islands. and the south by Cape Malabar, thence adversely affect the resource.) b nursing female mammalian dolphin or her calf, or %ish8juch. 83-134, as amended by s. 2, ch. 84-121, northward dong the shoreline of the Indian River to both. c ther provides that if the Governor and Cab- Palm Bav point. (f) Any person, firm, or corporation which vio- 370.14 Crawfish; regulation.-[ Repealed ef- inet have not adopted appropriate rules by July 1. 2. A I riangle-shaped body of water forming a cove lates the provisions of this subsection is guilty of a fective July 1, 1996, by a. 8, ch. 83-134, as amended 1996, this section shall remain in force until such ,commonly referred to as Manatee Cove) on the east misdemeanor of the second degree, punishable as by a. 2, ch. 84-121, which further provides that if the rules are effective. Section 9, ch. 83-134, provides side of the Banana River, with northern boundaries provided in s. 775.082 or a. 775.083. Governor and Cabinet have not ailopted appropriate that. prior to the adoption of rules amending, readop- beginning and running parallel to the east-west ce- (4) PROTECTION OF MANTA RAYS.- rules by July 1, 1986, this section shall remain in Ling, or repealing those provisions set forth in a. 3, the ment bulkhead located 870 feet south of SR 520 Re- (a) It is unlawful for any person, firm. or corpora- force until such rules are effective. Section 9, ch. 83- Marine Fisheries Commission shall hold a pablic lief Bridge in Cocoa Beach and with western bounda- Lion intentionally to destroy a mantis ray. 134, provides that. prior to the adoption of rules hearing thereon, and no such amendment, reedop- ries running in line with the City of Cocoa Beach (b) Any person who violates this subsection is amending, i r adopting, or repealingpthose provisions tion, or repeal shall be acted upon until it has been channel markers 121 and 127 and all waters east of guilty of a misdemeanor of the second degree, pun- set forth n 8, 8, the Marine Fisheries Commission determined, based upon appropriate findings of fact. these boundaries in section 34, township 24 south, ishable as provided in a. 775.082 or a. 775-083. shall hold a public hearing thereon, and no auch that such action will not adversely affect the re- range 37, east; the center coordinates of this cove are (5) ANNUAL FUNDING OF PROGRAMS FOR amendment, readoption, or repeal shall be acted source.) 26'2014" north. 80-35- 1-," west. MARINE ANIMALS.- upon until it has been determined, based upon ap- (1) The Legislature recognizes that, while the (a) Each fiscal year, $250,000 from the Motorboat propriate findings of fact, that such action will not 370.156 Florida East Coast shrimp Bed; manatee or sea cow is designated a marine mammal Revolving Trust Fund shall be available for annual adversely affect the resource.] closed areas; permits; penal ties.- [Repealed ef- by federal law, many of the warm water wintering ar- funding of the department's manatee and marine fective July 1. 1986, by 9. 8. ch. 83-134, as amended eas are in freshwater springs and rivers which are on- mammal protection and recovery effort; manufacture 370.15 Shrimp; regula t ion.- [Repealed effec- by a. 2, ch. 84-121, which further provides that if the der the primary state law enforcement jurisdiction of and erection of informational and regulatory signs; Live July 1, 1986, by a. 8, ch. 83-134, as amended by a. Governor and Cabinet have not adopted appropriate the Florida Game and Fresh Water Fish Commission. production, publication, and distribution of educe- 2, ch. 84-121, which further provides that if the Gov- rules by JuIv 1. 1986, this section shall reMain in The law enfrrcement provisions of this section shall Lionel materials; participation in manatee and marine ernor and Cabinet have not adopted pp opri is force until such rules are effective. Section 9. ch. &I be carried out jointly by the department and the mammal research programs, including carcass &a[- rules by July 1, 1986, this section shalal remainain 134. provides that, prior to the adoption of.rules commiscion, with the department serving as the lead vage and other programs; programs intended to assist - force until such rules are effective. Section 9, ch. 83- amending. readopting, or repealing those provisions agency. The specific area.; of jurisdictional respunsi- the recovery of the manatee as an endangered ape- 134. provides that, prior to the adoption of rules set forth in a. 8, the Marine Fisheries Commission 609 610 19s4 SUPPLEMENTTO FLORIDA STATUTES 1983 e.370.16 s. 370.18 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.370.1 shall hold a public hearing thereon, and no such or undesirable for the purpose of oyster of clam culti. thereafter in advance on or before January 1, wheth- such rules and regulations to remove unlawful cultch amendment, readoption, or repeal shall be acted vation. er the lease* be held by the original lessee or by an materials, and all improvements. ctdtch, marketable upon until it has been determined, based upon ap- (2) SURVEYS, PLATS, AND MAPS OF heir. assignee. or transferee. No taxes, assessments, oysters, and shell shall become the property of the riate findings of fact, that such action will not REEFS.-The Division of Marine Resources shall ac- Or other licenses other than those imposed in this state. The division shall have the authority to retain, apirovPelly affect the resource.) cept, adopt, and use official reports, surveys, and chapter shall be levied or imposed on the leases or dispose of, or remove such materials in the best inter- rnags ofoyster, clam, or other shellfish grounds made leased lands, but the annual rental exacted and paid est of the state. - on " 'he direction of any authority of the United shall be held and considered all that can or shall be (5) INCREASE OF RENTALS AFTER 10 370.157 Cedar Key closed area for shrimp States as prime facie evidence of the natural oyster exacted by the state or county, subordinate political YEARS.-After 10 years from the execution Of the ing.-IRepe3led effective July 1, 1986. by a. 8, ch. 83- as amended by s. 2, cl;. 84-121, which further and clam reefs, for the purpose and intent of this cor )mEt' palities. lease, the rentals shall be increased to a minimum of (r tions. gr munici 0 re per annum. The Division of Marine Re- 134, chapter. The said division may also make surveys of (feet i ve cultivation shall consist fthe ow- $1 per act provides that if the Governor and Cabinet have not any natural oyster or clam reefs when it deems such ing of the oysters or clams in a density suitatiFe for sources shall assess rental value on the leased water cdopted appropriate rules by July 1. 1986. this see- surveys necessary and where such surveys are made commercial harvesting over the amount of bottom bottoms, taking into consideration their value as oys. tion shall remain in frce until such rules are effec- be tive. Section 9. ch. 83-134, provides that, prior to the pursuant to an application for a lease, the cost there- prescribed by law. This commercial density shall ter-growing or clam-growing water bottoms, their of may be char nearness to factoriesi. transportation, and other con- adoption of rules amencling, readopting, or repealing ;ed to the applicant as a put of the accomplished by the planting of seed oysters, shell, isheries cost of his application. and cultch of various descriptions. The Division of ditions adding value thereto and placing such valua- thuse provisions set forth in s. 8, the Marine F (3) EXECUTION OF LEASES; LESSEE TO Marine Resources may stipulate in each individual tion upon them in shape of annual rental to be paid Commission shall hold a public hearing thereon, and STAKE OFF BOUNDARIES; PENALTY FOR lease contract the types, shape, depth. size. and thereunder as said condition shall warrant. no such amendment. readoption, or repeal shall be FAILURE TO COMPLY WITH REGULA- height of cuitch materials an least bottoms according (6) LEASES TRANSFERABLE, ETC.-The acted upon until it has been determined, based upon TIONS.-As soon as the survey has been made and to the individual shape, depth, location, and type at leases shell] be inheritable and transferable. in whole appropriate findings of fact, that such action will not the plat or map thereof riled with the Division of Ma- bottom of the proposed lease. Each tenant le * or in part. and shall also be subject to mortgage. adversely affect the resource.1, rine Resources and the cost thereof paid by the appli- from the state water bottoms under the provisions 0 pledge, or hypothecation and shaH be subject to sei- cant, the division may execute in duplicate a lease of this section shall have begun, within I year from the zure and sale for debts as any other propertv, rights, 370.16 Oysters and shellfish; regulation- the water bottoms to the applicant. One duplicate, date of such lease. bons ride cultivation of the same, and credits in this state, and this provision ihalil abo (1) LFASF, APPLICATION' FORM; NOTICE with a plat or map of the water bottoms so leased. and shall, by the end of the second year from the apply to all buildings, betterments, and improve- TO RIPARIAN OWNER: LANDS LEASED TO BE shall be delivered to the applicant, and the other, commencement of his lease, have placed under culti- ments thereon. Leases granted under this section CONIPACT.-When any qualified person desires to with a plat or map of the bottom so leased, shall be vation at least one-fourth of the water bottom leased cannot be transferred, by sale or barter, in wbole or lease a part oft he b,,[ to.m or bed of any of the water retained by the division and registered in a lease and shall each year thereafter place in cultivation at in paM without the written, express acquiescence of of this state. fo.r the purpose of growing oysters or book which shall be kept exclusively for that purpose least one-fourth of the water bottom leased until the the Division of Marine Resources, fLnd such a trans- clams, as provided for in this section, he shall present by the division; thereafter the lessee& shall enjor the whole, suitable for bedding of oysters or clams, shall feree shall pay a $50 transfer fee before division ac- to the Division of Marine Resources a written appli- exclusive use of the lands and aU oysters and c amis. have been put in cultivation by the planting thereon quiescence may be given. No least at part of a lease cation sening forth the name and address of the ap- shell, and cuitch grown or placed thereon shall be the of not less than 200 barrels of oysters, shelf, or ita may be transferred by salt or barter until the least plicant, a rea@,,nablv definite description of the loca. exclusive property of such lessee an long as he shall equivalent in cultch to the acre. When leases are has been in existence at least 2 years and has been I;L,n and amount oi land covered by water desired, comply with the provisions of this chapter. The divi- d, or when grant& have heretofore been made cultivated according to the statutory standards found and shall pray that the application be riled; that the sion shall require the lessee to stake off and mark the existing laws for the planting of oy ters or in pareFraph (4)(b), except as otherwise rovided by a r water bottorns be surveyed and a plat or map of the water bottoms leased, by such ranges, monuments, clams. such lessee or grantee is authorized to plant regulation adopted by the Division of Klarine Rt- survev the. eof be made if no plat or map of such bot. stakes, buoys, etc., so placed and made as not to in- the leased or granted bottoms both in oysters and sources. No such inheritance or transfer &hall be v0d toms should have been so made thereto: and that the terfere with the navigation, as it may deem necessary clams. or of any force or effect whatever unless evidei-,. water bottoms described be leased to the applicant to locate the same to the end that the location and (c) These stipulations will apply to all leases an authentic act, judgment, or proper judicizu limits of the lands embraced in such lease be easily frFted after the passing of this section. All leases ex- registered in the office of the division in a bo-,k under the provisions of this section. Such applicant prior to the passing shall accompany with his written application a suffi- and accurately found and fixed. and such lessee shall isting of this section will operate provided for said purpose. The division shall k, cient sum to defray the estimated expenses of the keep the same in good condition during the open and under the law which was in effect when the leases proper indexes so that all original leases and all suL survey@ thereupon the division shall file such applies- closed oyster or clam season. All leases shall be were granted. sequent changes and transfers can be easily and accu- a' atted marked according to the standards derived from the (d) When evidence is gathered by the division rately ascertained, t;,,n nd shall direct the same surveyed and pi PAYMENT OF RENT; FORFEITURE FOR f uniform waterway markers for safety and navigation and such evidence conclusively shows a lack of effec. (7) orthwith at the expense of the applicant. When ap- as described in a. 327.40. The division may stipulate tive cultivation, the division may revoke leases and NONPAYMENT; NOTICE, ETC.-All leases shall plications are made by two or more persons for the in ad- in each individual lease contract the types, shape, return the bottoms in question to the public domain. stipulate for the payment of the annual rent same lands. the@ shall be leased to the applicant who depth, size, and height of marker or corner posts. (e) When evidence obtained by qualified marine vance on or before January I of each year. cuA the first filed application for same; but to all applications Failure on the part of the lessee to comply with the biologists is available to the division which indicates further stipulation that the failure of the te.,,a!:t to for leazes of any of the bottoms of said waters owned orders of the division to this effect within the time that relatively temporary or transient hydrographic pay the rent punctually on or before that day, or under the riparian acts of the laws of Florida, hereto- fixed by it. and to keep the markers, etc., in good con- or biological conditions preclude the successful culti- within 30 days thereafter shall ip.'o facto, and upon iore enacted. notice of such application shall be given dition during the open and closed oyster or clam sea- vation of oysters, lessees may apply to the division demand, terminate and cancel said lease and forfeit the riparian owner, when known, and, when not son shall subject such lessee to a fine not exceeding for a permit to suspend planting operations. Such to the state all the works, improvements, better- known, notice of such application shall be given by $16b for each and every such offense. All lessees shall emilsisiiha" be revocable upon 30 idays' notice from ments, oysters, and clams on the leased water hot- P v . hat growing conditions are again suit- toms, and authorize the Division of %larin publication for 4 weeks in some newspaper published cause the area of the leased water bottoms and the the d n I e Re- in the countv in which the water bottoms lie; and names Of the lessees to be shown by signs as may be able and, upon the revocation of such permits, culti- sources to at once enter on said water bottom and when there is no newspaper published in such coun vation will again be mandatory as requir d by law. take possession thereof, and such water bottom shall - determined by the division, if 50 required. ie ty, then by posting the notice for 4 weeks at the (4) LEASES IN PERPETLJITY; RENT; STIPU- (f) The department has the author ty to adopt then be open for lease as herein provided; and the di- courthouse door of the county, and preference shall LATIONS; TAXES; CULTIVATION. ETC.- rules and regulations pertaining to the water column vision shall within 10 days thereafter enter such ter- be given to the riparian owners under the terms and (a) All leases made under the provisions of this over shellfish leases. All cultch materials in place 6 mination, cancellation, and forfeiture on ita books conditions herein created. when the riparian owner chapter shall begin on the day executed and continue months after the formal adoption and publication of and shall give such public notice thereof, and of the makes application for such water bottorns for the in perpetuity under such restrictions as shall herein rules and regulations establishing standards for fact that the water bottoms are open to lease. as it purpme of planting oysters or clams before the same be stated. The rent for the first 10 years shall be $5 cuitch materials on shellfish leases which do not com- shall deem proper; provided, that the division mav. in are leased to another. The lands leased shall be as per acre, or any fraction of an acre, per year. Howev. ply with such rules and regulations may be declared its discretion, waive such termination, cancellatiun- cornpact as possible, taking into consideration the er, the rent for any lease currently in effect shall not a nuisance by the division. The division shall have and forfeiture when the rent due, with 10 p.ercent ad- shape of the bodv of water and the condition of the be increased during the first 10 years of said lease. the authority to direct the lessee to remove such ditional, and all costs and expenses growing out ')f bottom as to haraness, or soft mud or sand. or other ']'his rent shall be paid in advance at the time of sign- cultch in vioiation of this section. The division may such failure to pay, be tendered to it within 60 days conditions which would render the bottoms desirable ing the lease up to January I following, and annually cancel a lease upon the refusal by the lessee violating after the same became due-, provided. that in all cases 611 612 0 a.370.16 9.370.16 io -i SUPPLEMENT TO FLORID qt!6qgqjPPLFMKNT TO I STATUTES 198-35'0- qLI.ORqLDA or beds less in size than 100 square yards, or oyster or ly leasing same as required by law shall be guilty of aCount or cancellation f lease, the division shall, after 60 nishable as sesqsor days, notice by publicdtion in some newspaper pub- clam reefs or bars of greater size, but not of sufficient misdemeanor of the second degree, fit to constitute a stratum, and it should fur- Z or 9. 775.083, anqguhall ire seaqso ied in the state, having a general statewide circula- uan i y provided in a. 775.0& 1 ac:9 . poned tion hich notice shall contain a full description of 4qther be made to appear to the Division of Marine Re- no rights by reason of such staking o 2qVh' provisto the iessed waters and beds and any parts thereof, sell sources by the affidavit of the applicant. together does not apply to grants heretofore adeaunder the prove such lease to the highest and best bidder; and all with such other proof as the division may require, provisions of any heretofore existing aws or to artifi- shall moneys re-eived over and above the rents due to the that the natural reef bed, or bar could not be exclud- cial beds,made heretofore by a rip owner or his sqamp state under the terms of the lease and provisions ed-and the territoqq applied for properly protected grantees on his r' ran bottoms. cred herei'n, and cost- and expenses growing out of such or policed, the division may, if it deems it for the beat 104) CL SSEAS N FOR OYSTER S; Any feiting his interest of the state and the oyster industry so to do, C S ECIAL PROVISIONS notw failure to pay. shall be paid to the lessee for RULES 0 EVID ,hts therein. No leased water bottoms shall be for- ermit the Including of such natural reefs, b.-ds, or RELATIN F ALI COUNTY.-No per- 2qpecqi -ment rovisions of ars; an ix a reasonable value on the same, rqaqn ieited for nonpaN . of rent under the? qEd it shall fi son may take, gather, or catch oysters on the natural this section, unfess there shall previously have been to beqXaid by the applicant for such bedding ground; reefs of this a te, or have such oysters in hi osses- the qfqi ailed by the said division to the last known address provi ed that no such natural reefs shall be included 'is f such tqnant according to e oks of sidd division, in any leq;8qL hereafter granted to the bottom or bed of sion, between uId September I of ecqK year, than t trh - pi, from riv le d or granted grounds, or ar- a qh 3) da%s' notice of the ty0qf such lease. When- waters of this state contiguous to Franklin County. ericet fiql I r ti, na 'citil bedsrrian owners and except as other- ment ever qny- lea.-sed water bottoms are forfeited for non- There shall be no future oyster leases issued in I psvinent cf rent, and there is a plat or survey thereof Franklin Count ide n tis section. The -ion of oys. Witqhqs the archives of the division, when such bedding (10) SET6qREIVIENT OF BOUNDARY DIS. 6 s0qT '.qds are re-leised, no new survey thereof shall be qSuroivng C cIcs qb Me prima facie a of gqi ,qF season a I violation of is sion, and the burden shall be on pend 1rou PUTES; REVIEW. _The Division of Marine Re- the possessor of such oysters to prove that they were clad made, but the original stakes, monuments, and sources shall determine and settle all disputes as to fished or gathered beyond th.uriscliction of the latin bounds shall be preserved, and the new lease shall be boundaries between lessees of bedding grounds. The state or from private oyster Us. The Division of q(ql based upon the original survey. This subsection shall division shall, in all cases, be the judge as to whether also apply to all costs and expenses taxied against a any particular bottom is or is not a natural reef or Marine Resources shall, however, have authority to qREqE lessee by-tbe division under this section. whether it is suitable for beddin lams. permit the fishing of unculled oysters from the natu- (a (8) CANCELLATION OF LEASES TO NATU- (11) TRESPASS ON D BEDS; GATH- ral oyster reefs as herein provided, from April I until imp RAL REEFS.-Any ERING OY qtoysters or C October 1, but only for bedding purposes, and then terqs person, within 6 months from STERS AND CLAMS BETWEEN SUN. only under such rules as the div .nd after the execution of any lease to water bottoms, SET AND SUNRISE FROM NATURAL REEFS, ision may adopt to in may file a petition with the Division of Marine Re- ETC.-Any person who willfully takes oysters, shells. carry out the provisions of law. The provision prohib. whe qi iting the harvesting of oysters shall not apply be- sour soues fcr the,purpose of determining whether a cultch, or clams bedded or planted by a licensee un- tween June I and October I of each year in three ar- too . I I is chapter. orgrantee under the provisions of. hresit.,ofrioulessq: d than I(%) square yards existed within the leias'ed arq" -6iri w a'o in- that qban hqtrri'tqhq6qiqi eiqrsqbqog 'lawqi, q0ariAn " hq6,Ediy% fFqlist Biiq, Fqianklin County; and located,rqiOTth qthqo Franklin County, described as,folto% area of on the date of the lease, with sufficient natural or have heretofore planted the same on his riparian bot- of the John Gorrie Bridge classified as conditionally dre maternal oysters or clams thereon (not including toms, or any oysters or clams deposited by anyone approved for the harvesting of shellfish by the Divi- poll coon oysters i to have constituted a stratum sufficient making up a cargo for market, or who willfully carries sion of Marine Resources; in that area of Apalachico- qsel to hav'e been resorted to by the public enerallqy for or attempts to carry away the same without permis- la Bay, Franklin County, and located south of the lice the purpose of gatheri2qu, the saime to sell for a liveli- sion of the owner thereof, or who willfully orqkno.w- John Gorrie Bridge, east and north of the Gulf Intra- of t hood. The p tition sh I be in writing addressed to ingly removes, breaks off, destroys, of otherwise in- coastal Waterway, and west of the Bryant Patton pro el the Division of Marine Resources of the Department ores or alters any stakes., bounds, monuments, Bridge classified as conditionally approved for the tio of Natural Resources verified under oath, statiriqf the qtuoys notices, or other designations of any natural harvesting of shellfish by the Division of Marine Re- sta location and approxi-qlate area of the natural ree and oysteqi or clam reefs or beds or private bedding or sources; and in that area of St. George Sound, Frank- an the claim or interest of the petitioner therein and re- propagating grounds, or who willfully injures, de- lin County, and located west of a fine from the east qmqe quqeqstrqineg the cancellation of the lease to the said nat- stroy s' or removes any other protection around any end of St. George Island due north to the mainland, iqss tion may be t is .ra e I. considered unless I oyster or clam beds, or who willfully moves any bed- and located east of a line described as follows: begin 4qZ" deposit of $10 to defray the ex- accompanied oling 'ound stakes, buoys, marks, or designations, at the tip of Shell Point on St. George Island, thence rig pense of examinirqiqtinto the matter. The petition may placed by he division, or who gathers oysters or hannel Marker No. 31, thence oqr ral reefs of clams between sunset and sunrise from the natural run northwest to C include several contemporaneous natu ree %,.esterly along the Intracoastal[ waterway to Channel rqeq m-ters or clams. Upon receipt of such petition, the fs or from private bedding grounds, is guilty of a iNision shall cause an -estigation to be made into - I Marker No. 41, thence north through Marker No. 5 us d i nv misdemeanor of the first degree, punishable as pro it. the mainland, which area is classified as approved tqh the truth of the allegations of the petition. and. if vided in s. 775.082 or s. 775.083. found untrue, the $10 deposit shall be retained by the (12) PROTECTION OF OYSTER AND CLAM for etheeshoaurvesting of shellfish by the Division of Me- th di,ision to defray the expense of the investigation, REEFS.-The Division of Marine Resources shall rin Rrees. Further, no qterson may take, gather, in but should the allegations of the petition be found improve, enlarge, and protect -he natural oyster and or catch oysters from these t ree designaqpol areas biq- an e true and the leased premises to contain a natural oys- clam reefs of this tate to the extent it may'deern ad- 1-e . October 2 and qMay 31 of each yea . The provi. cqo v sions of this subsection regarding possession of oys- ar ter or clam reef, as above described, the said $10 shall isable and the mq:ans at its disposal will permit. The ters she,, not apply to oysters harvested from Frank- di be returned to the petitioner and the costs and ex- division shall also, to the same extent, assist in pro- ssion of unculled oysters A penses of the investigation taxed against the lessee tecting the leased or granted reefs in the hands of les- Iin,County e4qmqpt that posse a_ be een June I and September 1 outside of the three be nd the lease canceled to the extent of the natural sees or grantees from the state. The division shall reef and the same shall be marked with buc)ys and provide the Legislature annually with recommenda. areas of Franklin County designated herein or pos- as stakes and notices placed thereon showing the same tiuns for the development and t .he proper protection session of unculled oysters between October 2 and it ff. in I arian ne q a ipa h 0 is to be a public reef, the cost of the markers and no. of the rights of the state and private holders therein "I y 31 inside of these three designated areas shall bep tices to be taxed against the le;see. with respect 'he 2q%, sle d clam business. prima facie a violation of this section, and the burdenw ST ING It of proof shall be upon the possessor of such oysters to0 (9) WHEN N.ATURAL REEFS qMAY BE IN- (13) Aq FFq;q'ATE BOTTOMS OR prove that they were fished or gathered within a law- fqr CI.UDED IN I-EkSKq-When an aqXplication for Aiys- BEDDING OYSTERS WITHOUT OBTAINING E ter or clam bec4qi grounds is file and upon survey LEASE; I'FNALTY.-Any person staking off the ful area. All oysters shipped out of Franklin County I between June I and October I shall be accompanied qU (if such bedding ground. it should develop that the water bottoms of this state or bedding (,ysters on the by inviicesi, hills of luding, or other similar histru-qS arva a r ctintains ndttirai oyster or clam reefs 613 6,ttonui of tire waters of 2q&s state, without previous. nients showing the oysters were produced in Franklin 614F 198 1 SUPPLE.11 ENT TO FLORIDA STATUTES 1983 s.370.16 a.370.16 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.370.16 (a) Alluysters taken from the waters of this state All planting and relaying operations shall take place under oath to the division as to the number of oys- means of replanting and rehabilitating the beds, hav- shall be culled, unless otherwise provided in this see. under the surveillance a the division. ters, clams. and shellfish purchased, caught, or han- ing regard to liatal coodWons, and make such other (c) Relayed oysters or clams shall not be aubse- dled during the precedin recommendations concerning the o . d I i Lion. w%montb. The division may jening an c Omni I an (b) In the case of oysters emanating from natural, quently harvested for any reason without written require detailed returns enever it deems them nec- of the natural reefs and beds an propagation publicly o ned beds, all oysters which measure less permission or public notice from the division. if oys- exam. care of oysters thereon, as may appear to them to be than 3 inewhes in greatest dimensions and all beddin ters or clams were relayed from areas not approved (23) SEIZURE OF VESSELS AND CARGOES advisable. shells shall be immediately replaced and scatterel by(the division as shellfish harvesting areas. VIOLATING OYSTER AND CLAM LAWS. ETC.- '(27) CONFERENCE WITH DIVISION OF MA- broadcast upon the natural reefs from which they 8) SEVERANCE TAX ON OYSTERS AND Vessels, with their cargoes, violating the provisions of RINE RESOURCES.-The Division of Marine Re- were taken. CLAMS; DISPOSITION.-No severance or privilege the laws relating to oysters and clams may be seized sources shell confer with, receive, and consider the (c) In the case ofoysters emanating from private- taxes on oysters and clams shall be collected after by anyone duly and lawfully authorized to make ar- recommendations of the several county oyster reha- ly owned or privately controlled beds, all oysters June 17, 1959, provided, a moneys in the *oyster rests under this section or by any sheriff or his depu- bilitation commissions concerning the shellfish in- which measure less than 3 inches in greatest dimen- severance tax fund' shall be transferred to the Oyster ties, and taken into custody, and when not arrested dustry of their respective counties and shall be gov- sions, and all beddin- shells may be returned to lease and Clam Rehabilitation Trust Fund. by the sheriff or his deputies, delivered to the sheriff erned thereby only to the extent that the same may or privately managea area or may be spread broad- (19) LICENSES; OYSTER AND CLAM CAN- of the county in which the seizure is made. and shall be to the beat interest a( the shellfish industry of the cast over natural, publicly owned reefs. NERIES.-Every person, as a condition precedent to be liable to forfeiture, on appropriate proceedings be- state. (d) No person shall be in possession while on th 1heope tion ofany oysteror clam canning factory in ing instituted by the Division of Marine Resources, 1(28) REMOVAL OF COMMISSIONERS.-The waters of this state of oysters which are less thin th: this statrea, shall obtain a license therefor and pay a If- before the courts of that county. In such cue the car- Governor may remove any commissioner appointed prescribed legal size, regardless of their source, ex- cerise fee of $50. The license shall be issued by the go shall at once be disposed of by the sheriff, for ac- to any county oyster rehabilitation commission, who cept that oystzrs which are less than the prescribed Division of Marine Resources upon proper written count of whom it way concern. Should the master or shall fail or neglect to diligently perform the duties of legal size mav be placed upon the culling board of a application on forms to be furnished by it. The man- any of the crew of said vessel be found guilty of using such office, and shall fill the vacancy so created by vessel while on the bar for the purpose at culling out eys paid for licenses under this section shall be de- dredges or other instruments in fishing oysters on the removal so Lhat there shall be a complete com- i!!egal-sized oysters. posited in the State Treasury to the credit of the natural reefs contrary to law, or rishing on the natu- mission of three members in each county, having net- (e) In dezermining what oysters shall be removed General Revenue Fund. from marketable oysters. no oysters under 3 inches in (20) FALSE RETURNS AS TO OYSTERS OR ral oyster or clam reefs out of season, or unlawfu% ural oyster reefs or beds, at all times. I taking oysters or clams belonging to a lessee, suc (29) OYSTER AND CLAM REHABILITA- greatest dimensiori shall be in'cluded in the percent- CLAMS HANDLED.-Each packer, canner, corpo- vessel shall be declared forfeited by the court, and or- TION.-The board of county commissioners of the aj;e of oysters undersized when they adhere to the ration, firm, commission man, or dealer in fish shall, dered sold and the proceeds of the We duall be de- several counties may appropriate and expend such marketable oysters so closely that to remove tl@e on the first day of each month, make a return under Led with the Treasurer to the credit of the Gener- sums as it may deem proper for the purpose of plant- 53nie would destrov either the undersized oysters 'or oath to the Division of Marine Resources, as to the VR'tvenue Fund; anylerson guilty of su in -sters. clams, and shell ch violations ite or transplanting oysters, clams, oyster shell. clam the marketable oys@ers. No person in any vessel shall number of a) fish purchased, shall not be permitte to have any license provided ell, or cultch or to perform such other acts for the have in his possession oysters not culled according to caught, or handled during the preceding month. AD for in this chapter within a period of I year from the enhancement of the oyster and clam industries of the law, unless permitted by the Division of Marine Re- severance tax as provided for in subsection (18) shall date of conviction. Pending proceedings such vessel state, out of any sum in the-county tressury not oth. sources for the purpose of planting or relaying as pro- be paid to the division with this report. Whoever is may be released upon the owner furnishing bond. erwise appropriated. law. An excess of over 15 percent of small found guilty of making any false affidavit to any such ly, v;ded bi with good and solvent security in double the value of (30) 1 STER CONSERVATION DIS- oys,ers, estimated as above provided for. in any cargo r@port shall be guilty of perjury and punished as pro- the vessel, conditioned upon its being returned in TRICTS.-An oyster conservation district ma, be or lot of ovsters shall be considered a violation of this vided by law, and any person who fails to make such good condition to the sheriff to abide the judgment of created whenever it appears to the Division of ', section. kny oysters under 3 1 ' h i t t di. report shall be punished by a fine not exceeding M the court. rine Resources that there is a need for special p.-.-.-L 0% m ens ion in any cargo or lot of olynseteress sihnatle: iaeviola -or by imprisonment in the county jail not exceeding 1(24) OYSTER REHABILITATION COMMIS- tion, development, or encouragement of oyster piaz,-. tion of this section during the special oyster harvest- 6 months. SION.-The Governor of this state may appoint in ing or propagation within any area in the state. ex ing season, June 1 to October 1, in Franklin County. (21) COLLECTION OF LICENSES AND TAX- any county, where natural oyster reefs exist, an oys- cept private leased or granted oyster grounds. The The Div ision of Law Enforcement, any marine patrol ES.-All taxes and licenses shall b: collected by the ter rehabilitation commission for such county, the area shall be readily identifiable by reference to geo- officer, or any police officer of the state shall cause to Division of Marine Resources and r such rules and same to be composed of three good and lawful citi- graphical location or recognized landmarks, or by be measured", to determine the percentage of under- reg ti naes sy be adopted by the division, and by zens of that county. The commission shall serve with- survey made by the division. Notice of the designa- sized oysters, I sample bushel to be taken at random it dVposoiled iia% State Treasury to the credit of the out compensation. tion or the area or areas as oyster conservation dis. from the cargo of ovsters, while such oysters are in General Revenuee@und. The division shall keep a de- 2(25) COMMISSION ADVISORY ONLY.-The trict or districts shall be published once each week the courity from which they were harvested and be- tailed account of all funds passing through its hands. oyster rehabilitation commission in any county shall for 2 consecutive weeks@ and such additional publici- fore the vysters are deposited in an oyster house cer- (22) WATER PATROL FOR COLLECTION OF constitute an advisory commission to the Division of tK of the creation of such district may be circulated as tified under the rules of the Department of Natural TAX.- Marine Resources with reference to all matters per- t e division may deem necessary. Resources. If a total of undersized oysters from the I (a) The Division of Low Enforcement may estab- taining to the replanting and rehabilitation of natural (31) REVENUE FROM SALE OF DFAD bushel shall be more than 15 percent of the amount lish and maintain necessary patrols of the salt waters oyster bars in such county and shall have no other SHELLS AND LEASE BOTTOMS.-Any ani s'i of ovsters contained in the I bushel, it shall consti- of Florida, with authority to use such force as may be power than to advise the division concerning the ad- moneys hereafter received or collected by the &@a;d tute a violation of this section,@any other law to the necessary to capture ariy vessel or person vi I t, ministration of the shellfish laws in the county in of Trustees of the Internal Improvement Trust Fund the provisions of the laws relating 0 stIng which its members are appointed; and to'recommend under the provisions of a. 253.45, or any contrary notwithstanding. to oysters an amendments ;(I-,) FISHING FOR BEDDING PURPOSES.- clams, and may establish ports of entry at convenient to the division the manner and method of the ex- thereof for or on the account of the sale of dead iriell (a; Designation of areas for the taking of oysters locations where the severance or privilege tax levied penditure of funds provided for the rehabilitation of or for the right or privilege to take shell or she@ de- and clams to be planted on leases, grants, and public on oysters and clams may be collected or paid and natural oyster beds in the county so that the fullest sosits from the sovereign lands of the state shall be areas is to be made by qualified personnel of the Di- may make such rules and regulations as it may deem benefit of such oyster beds may be received from the eposited in the State Tressur5- in the General Reve- vision of Marine Resources. Oysters and clams may necessary for the enforcement of such tax. expenditure. The recommendation of the commission nue Fund. These moneys shall be appropriated for be taken for relaying at any time during the year so (b) Each person in any way dealing in shellfish shall not be binding upon the division but is advisory use in financing biological. marketing, transport&- long as. in the opinion of the division, the public shall keep a record, on blanks or forms prescribed by only. tion, processing and promotional research fur fish- health will not be endangered. The amount of oysters the Division of IMarine Resources, of all oysters, '(26) DUTIES OF COMMISSION.-The rnem- eries, oyster, Mins, and shrimp within the jurisdic- and clams to be obtained for relaying, the area re- clams, and shellfish taken, purchased, used, or ban- bers of the oyster rehabilitation commission shall ac- tion of this state. The Department of Natural Re- layed to, and relaying time periods will be established dled by him, with the name of the persons from quaint themselves with all conditions affecting the sources is authorized and directed to spend up to 20 in each case by the division. whom purchased, if purchased, together with the natural beds in the county for which appointed and percent of the moneys collected from the sale of dead (b) Application for a permit for obtaining oysters quantity and the date taken or purchased, and shall shall locate, select, and recommend to the Division of oyster shell dredged fr@m that countv's waters for the and clitms inivit be made to the division. In return, exhibit this account at all times when requested so to Marine Resources the natural oyster beds in their re- sole purpose of oyster and darn reha-bilitation. the division may ri.,.@ign an area and a period of time do by the division or any conservation agent; and he spective counties in greatest need of rehabilitation; (32) DREDGING oF DF.AD SHELLS FROM f,;r the vsters and clami to be relayed to be taken. shall, on the first day of each month, in Iake a return they shall recommend to the division the ways and LIVE GROUND PROHIBITED.-The dredgitig of 615 616 8. 370.18 1981 SUPPLEMENT TO FLORIDA STATUTES 1983 8. 370.16 dead shell deposits from living oyster grounds is prohibited in the state. The Division of Marine Resources is empowered to prohibit all dredging of dead oyster shell deposits when in its judgment and discretion the same will adversely affect the oyster industry. The division, however may authorize the dredging of dead oyster shell deposits by permit when in its judgement and discretion the same will not adversely affect the oyster industry of the state. (33) OYSTER CONSERVATION COMMISSION WITHIN CONSERVATION DISTRICTS. -- The Governor of this state shall appoint in any oyster conservation district which may be created under the provisions of subsection (30) an oyster conservation commission for the district, the same to be composed of seven outstanding citizens of the district, two of whom shall be experienced oyster gatherers, two of whom shall be experienced oyster dealers, and two of whom shall be experienced businessmen, not directly connected with the industry, and one of whom shall be the chief conservation agent in the oyster conservation district. The members of the commission shall serve without compensation and shall be vested with the duties, and subject to the limitations, prescribed by subsections (24) through (28) authorizing the creation of oyster rehabilitation commissions. (34) COOPERATION WITH U.S. FISH AND WILDLIFE SERVICE. -- The Division of Marine Resources shall cooperate with the United States Fish and Wildlife Service, under existing federal laws, rules, and regulations, and is authorized to accept donations, grants, and matching funds from the Federal Government under such conditions as are reasonable and proper for the purpose of carrying out subsections (29) through (34) ; and the division is further authorized to accept any and all donations including funds, oysters, or oyster shells. (35) OYSTER AND CLAM SHELLS PROPERTY OF DIVISION.-- (a) Except for oysters used directly in the halfshell trade, all shells from oysters and clams shucked commercially in the state shall be and remain the property of the Division of Marine Resources when such shells are needed and required for rehabilitation projects and planting operations, when sufficient resources and facilities exist for handling and planting said shell, and when the collection and handling of such shell is practical and usefil, except that bona fide holders of leases and grants who desire to retain such shell as they produce for planting purposes may do so by obtaining and permit from the division. Such storage, transportation, and planting of shells so retained by lessees and grantees shall be carried out under the surveillance of agents of the division and be subject to such reasonable time limits as the division may fix. In the event of an accumulation of an excess of shells, the division is authorized to sell shalls only to private growers for use in oyster or clam cultivation on bona fide leases and grants. No profit shall accrue to the division in these transactions and shells are to be sold for the estimated moneys spent by the division to gather and stockpile the shells. Planting of shells obtained from the division by purchase shall be subject to the surveillance of the dvision if the division chooses to exervise its right of supervision. Any shells not claimed and used by private oyster 10 years after shells are gathered and stockpiled, may be sold at auction to the highest bidder for any private use. (b) Whenever the division determines that it is unfeasible to collect oyster or clam shells, the shells become the property of the producer. (c) Whenever oyster of clam shells are owned by the division and it is not useful or feasible to use them in the rehabilitation projects, and when no leaseholder has exercised his option to acquire them, the division may sell such shells for the highest price obtainable. The shells thus sold may be used in any manner and for any purpose at the discretion of the purchaser. (d) Moneys derived from the sale of shell shall be deposited in the State Treasury into the General Revenue Fund. (e) The division shall annually publish notice, in a newspaper serving the county, of its intention to collect the oyster and clam shells and shall notify, by certified mail, each shucking establishment from which shells are to be collected. The notice shall contain the period of time the division intends to collect the shells in that county and the collection purpose. (36) OYSTER CULTURE.-- The Division of Marine Resources shall protect all oyster beds, oyster grounds, and oyster reefs from damage or destruction resulting from improper cultivation, propagation, planting, or harvesting and control the pollution of the waters over or surrounding oyster grounds, beds, or reefs, and to this end the Department of Health and Rehabilitative Services is authorized and directed to lend its cooperation to the division, to make available to it its laboratory testing facilities and apparatus. The division may also do and perform all acts and things within its power and authority necessary to the performance of its duties. (37) HEALTH PERMITS.-- (a) Any person engaged in harvesting, handling, or processing oysters for commercial use shall be required to obtain a health permit from the county health department or from a private physician. (b) No person shall be employed or remain employed in a certified oyster house without the possession of the required health permit. (c) For the purpose of this subsection, "commercial use" shall be a quantity of more than 4 bushels, or more than 2 gallons, of shucked oysters, per person or per boat, or any number or quantity of oysters if the oysters are to be sold. (38) REQUIREMENTS FOR OYSTER VESSELS-- (a) All vessels used for the harvesting, gathering, or transporting of oysters for commerical use shall be constructed and maintained to prevent contamination or deterioration of oysters. To this end, all such vessels shall be provided with false bottoms and bulkheads fore and aft to prevent oysters from coming in contact with any bilge water. No dogs or other animals shall be allowed at any time on vessels used to harvest or transport oysters. A violation of any provision of this subsection shall result in at least the revocation of the violator's license. (b) For the purpose of this subsection, "commercial use" shall be a quantity of more than 4 bushels, or more than 2 gallons, of shucked oysters, per person or per boat, or any number or quantity of oysters if the oysters are to be sold. 617 8. 370.16 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8. 372.991 History, -- a. 2, ch.28145, 1953; a. 1, ch. 57-256; a. w, ch. 57-163; a. 1, ch. 59-346; a. 1, ch. 69-490; a. 1, ch. 61-99; a. 2, ch. 61-58; a. 3, ch. 61-22; a. 2, ch. 61-119; a. 1, ch. 61-100; a. 19, ch. 63-512' a. 1,2, ch. 63-120; a. 1, ch. 63-396; a. 3, ch. 65-140; a. 1, ch. 65-436; a. 1, ch. 67-234; a. 19, 25, 35, ch. 69-106; a. 298, ch. 71-136; a. 1, ch. 71-244; a. 1, ch. 71-245; a. 1, ch. 71-246; a. 129, ch. 71-377; a. 1, ch.72-204; a. 1, ch. 77-104; a. 32, ch. 77-147; a/ 1. ch. 77-197; a. 1, ch. 77-206; a. 23, ch. 78-95; a. 1, ch. 78-96; a. 33, ch. 79-65; a. 1, ch. 79-111; a. 1, 2, ch. 80-52; a. 1, ch. 82-46; a. 1, ch. 82-408; a. 6, ch. 53-134; a. 27, ch. 83-216; a. 2, ch. 83-265; a. 2, ch. 84-121; a. 15, ch. 84-254. 'Note.-- Repealed effective July 1, 1984, by a. 6, ch. 83-134, as amended by a. 2, ch. 84-121, which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, subsections (14)-(17), (36), and (38) shall remain in force until such rules are effective. Section 9, ch. 83-134, provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in a. 6, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal should be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource. 'Note.-- Repealed effective October 1, 1989. by a. 1, ch. 82-46, as amended by a. 2, ch. 83-265, and scheduled for review pursuant to a. 11-611 in advance of that date. cd.--a. 837.012 Perjury not in an official proceeding. a. 837.02 Perjury in official proceedings. 370.17 Sponges; regulation.-- [Repealed effective July 1, 1984, by s. 6, ch. 83-134, as amended by s. 2, ch. 84-121, which furter provides that if the Givernor and Cobinet have not adopted appropriate rules by July 1, 1984, this section shall remain in force until such rules are effective. Section 9, ch. 83-134, provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 6, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource.] 370.171 Sponge diving; restricted waters. --[Repealed effective July 1, 1984, by s. 6, ch. 83-134, as amended by s. 2, ch. 84-121, which further provides that if the Governor and Cobinet have not adopted appropriate rules by July 1, 1984, this section shall remain in force until such rules are effective. Section 9, ch. 83-134, procides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 6, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined, based upon appropriate findings of fact, that such action will not adversely affect the resource.] 370.172 Spearfishing; definition; limitations; penalty.- [Repealed effective July 1, 1984, by s. 6, ch. 83-134, as amended by s. 2, ch. 84-121, which further provides that if the Governor and Cabinet have not adopted appropriate rules by July 1, 1984, this section shall remain in force until such rules are effective. Section 9, ch. 83-134, provides that, prior to the adoption of rules amending, readopting, or repealing those provisions set forth in s. 6, the Marine Fisheries Commission shall hold a public hearing thereon, and no such amendment, readoption, or repeal shall be acted upon until it has been determined based upon appropriate finding of fact, that such action will not adversely affect the resource.] CHAPTER 372 WILDLIFE 372.671 Florida or wild panther; killing prohibited; penalty. 372.991 Nongame Wildlife Trust Fund. 372.671 Florida or wild panther; killing prohibited; penalty.- (1) It is unlawful for a person to kill a member of the Florida "endangered species," as defined in s. 372.072(3), known as the Florida panther (Felis concolor coryi). (2) It is unlawful for a person to kill any member of the species of panther (Felis concolor) occurring in the wild. (3) A person convicted of unlawfully killing a Florida panther, or unlawfully killing any member of the species of panther occurring in the wild, is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s2 775.0842 History. - s.1, ch. 78-173; a. 1, ch. 84-992 372-991 Nongame Wildlife Trust Fund.- (1) The Legislature recognizes the value of maintaining ecologically healthy and stable populations of a wide diversity of fish and wildlife species and recognizes the need for monitoring; research, managerment, and public awareness of all wildlife species in order to guarantee that self-sustaining populations be conserved. The Legislature further recognizes that research and management for game species traditionaly have been supported by licenses and feeds collected by the Game and Fresh Water Fish Commission, consumptive uses of wildlife and that no such support mechanism is available for species not commonly pursued for sport or profit. It is the intent of the Legislature that the funds provided herein be spent to identify and meet the needs of nongame wildlife as a first priority with the ultimate goal of establishing an intergrated approach to the management and conservation of all native fish, wildlife, and plants. (2)(a) There is established within the Game and Fresh Water Fish Commission the Nongame Wildlife TRust Fund. The fund shall be credited with moneys collected pursuant to ss. 319-32(3) and 320.02(8). Additional funds may be provided from legislative approproations and by donations from interested individuals and organizations. The commission shall designate an indentifiable unit to administer the trust fund. (b) Proceeds from the trust fund shall be used for the following purposes: 1. Documentation of population trends of nongame wildlife and assessment of wildlife habitat, in coordination with the data base of Florida natural areas inventory. 2. Establishment of effective conservation, management, and regulatory programs for nongame wildlife of the state. 3. Public education programs. (3) The commission may enter into cooperative agreements or memoranda of understanding with related agencies to coordinate nonceme programs. History.- s. 1, ch. 83-173: s 1, ch. 84-194. 618 9.373.044 1994 SUPPLEMENT TO FLORIDA STATUTES 1983 a.373.0693 s.373-0093 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8.373.07 shall serve for a period of 3 years or until his succes- ment District shall become the members of the gov- (4). HOweVisr, the has in mav not be enlarged to in. sor is appointed, except that the board membership erning board of the newly formed basin. The govern- clude the area included witl1iin the initial boundaries CHAPTER 373 of each new basin shall be divided into three group in, board of the St. Johns River Water Management of th B3* Cyp ess Basin. as equally as possible, with members in such group: District easy change the boundaries, but may not We Tle loc@ effort required in connection with WATER RESOURCES to be =inted (Or 1, 2. and 3 years, respectively. abolish the basin. construction, operation, and maintenance of the co- Each board shall choose a vice chairman and a (b)l. Ile entire area of the St. Johns River Wa- operative federal project referred to as the Central PART I STATE WATER RESOURCE PLAN secretary to fierve for a period of I year. The term of ter Mangle!nent District, less those areas in the Ok- and Southern Florida Flood Control Project, which office of a basin board member shall be construed to lawaha asin, shall be formed into a subdistrict or remains after the upper St. Johns portion is trans- PART 11 PERMITTING OF CONSUMPTIVE commence on July I preceding the date of his ap- basin of the St. Johns River Water Management Dis- ferred to the St. Johns River Water Management USES OF WATER pointment and to terminate June 30 of the year of trict. Such area shall be designated as the Greater St. District. shall be funded by tax levies on all taxable the end of his term. Johns River Basin. The Greater St. Johns River Ba- property within the Okeechobee Basin. In the event PART III REGULATION OF WELLS (4) Members of basin boards shall be appointed sin shall have all the powers, duties, functions, and the Okeechobee Basin is subdivided into smaller ba. by the Governor, subject to confirmation by the Sen- responsibilities provided and authorized for subdis- sins, as authorized in paragraph (b), the governing PART IV MANAGEMENT AND STORAGE ate at the next regular session of the Legislature; and tricts or basins of water management districts. board shall ascertain the equitable pro rats share for OF SURFACE WATERS the refusal or failure of the Senate to confirm an ap- 2. The governing board of the St. Johns River each smaller basin and charge back such share so as Oointment shall create a vacancy in the office to Water Management District shall also serve as the to insure that the portion of the Central and South- PART V FINANCE AND TAXATION which the appointment was made. governing board of the Greater SL Johns River Ba- ern Florida Flood Control Project remaining in the . (5) Basin board members shall receive no com- sin. South Florida Water Management District shall con- PART I pensation for services as such; but, while officially on (9) At 11:59 p.m. on December 31,1976,a portion tinue to be funded on an equal basis throughout the work for the district, they shall receive their actual of the Big Cypress Basin of the Ridge and Lower Gulf entire Okeechobee Basin as initially described on De- STATE WATER RESOURCE PLAN traveling expenses between their respective places of Coast District which is being annexed into the South cember 31, 1976. residents and the place where official district busi- Florida Water Management District by change of Himto,y- 6. A 734W. ch. -6.243; , I.d. --M; . I. cb, -10-5M. 373.044 Rules and regulations; enforcement; ness is conducted, subsistence, lodging, and other ex- boundaries pursuant to chapter 76-243, Laws of Flor, 1,& 82-46; & 1. cL RZ-K- . 4, e. b"I. Note.-Repealed eff@ti@ timber 1. 1983. by e 1. cb@ 02-44L ad whatJd availability of personnel rules. penses in the amount actually incurred. These ex- ida, shall be formed into a subdistrict or basin of the Im -i- P@t W& 11.6ii in d- o(that daw 373.0693 Basins; basin boards. penses may not exceed the statutory amount allowed South Florida Water Management District. Such 373.0698 Creation and operation of basin boards-, state officers and employees. This subsection applies portion shall be designated as the Big C) press Basin. 373.0698 Creation and operation of basin other laws superseded. retroactively to the effective date of the creation of On or before December 31, 1976, the Governor shall boards;otherl erseded-The provisions 373.079 Members of governing board; oath of of- each of the five separate water mariagement districts. appoint not fewer than five persons residing in the of as. 373.,,93 371,wWut _u *e,n the cre.ti.n and rice; staff. (6) Notwithstanding the provisions of any other area to serve as members of the governing board of operation of basin boards wit in any water manage- 373.05 Use of works or land by other districts or general or special law to the contrary, a member of the basin, effective at the time of transfer and subject ment district, the provisions of any other general or private persons. - the governing board of the district residing in the ba- to confirmation by the Senate as provided in subsec- special law to the contrary notwithstanding. 3 13.106 Permit required for construction involv. sin or, if no member resides in the basin. a member of tion (4). Sttary- 5, h. 64-341. ing underground formation. the governing board designated by the chairman of (a) The initial boundaries of the Big Cypress Ba- 373.109 Permit application fees. the governing board shall be the ex officio chairman sin shall be established by resolution of the governin 1373.079 Members of governing board; oath 40% 373.1219 Maintenance of actions. of 'he basin board. The ex officio chairman shall pre- board of Central and Southern Florida Flood Control of office; staff.- side at all meetings of the basin board, except that District, after notice and hea-rihg. andlenerally shall (1) Each member of the governing board of the 373.044 Rules and regulations; enforcement; the %ice chairman may preside in his absence. The ex encompass the Big Cypress Swamp an southwestern district, before entering upon his official duties, shill availability of personnel rules.-In administering officio chairman shall have no official vote, except in coastal area livilrologic catal ging unit as indicated take and subscribe to an oath, before some officer au- this chapter, the governing board of the district i case of a tie vote being cast by the members, but shall on River Basiii and Hydrologic Unit Map of Flori- thorized by law to administer oaths, that he will hor - Is au. thorized to make and adopt reasonable rules, regula- be the liaison officer of the district in all affairs in the da-1975 Florida Department of Natural Resources, estly, faithfully, and impartially perform the clutic, tions, and orders which are consistent with law; and basin and shall be kept informed of all such affairs. Bureau of' Geology Map Series No. 72. devolving upon him in office as member of the gov- such rules, regulations, and orders may be enforced (7) At 11:59 in. on December 31, 1976, the (b) If the governing board shall fail to establish erning board of the district to which he was appoint- by mandatory injunction or other appropriate action Manasota WatersKed Basin of the Ridge and Lower the initial boundaries on or before December 31, ed and that he will not neglect any of the duties im- in the courts of the state. Rules relating to personnel Gulf Coast Water Management District, which is an- 1976, the initial boundaries shall be the same bound- posed upon him by this chapter. matters shall be made available to the public and af- nexed to the Southwest Florida Water Management aries as described for the Big Cypress Basin of the (2) Immediately after-their appointment, and ev- fected persons at no more than cost but need not be District by change of its boundaries pursuant to Ridge and Lower Gulf Coast District. ery 2 years thereafter, members composing the gov- published in the Florida Administrative Code or the chapter 76-243, Laws of Florida, shall be formed into (c) The governing board of the South Florida erning board shall meet st some convenient Is e and Florida Administrative Weekly. a subdistrict or basin of the Southwest Florida Water Water Management District subsecrently may choose one of their number as chairman of &e cbriard, 4. h. -9790. ISSS; .. !S.,h. 73-Ift .. X b. 84-341. Management District, subject to the same provisions change the boundaries of the basin, ut may not and some suitable person, who y or may not be a N0--F.-, . 378 ISL as the other basins in such district. Such subdistrict abolish the basin. member of the governing boardmaand who may be re- I shall b designated initially as the Manasota Basin. (10) At 11:59 p.m. on December 31. 1976, the en- quired to execute bond for the faithful perform3nce 1373.0693 Basins; basin boards.- The m:mbers of the governing board of the Mana- tire area of the South Florida Water Management of his duties as the governing board may determine, (1) Any areas within a district may be designated sota Watershed Basin of the Ridge and Lower Gulf District, including all areas being annexed into the as secretary. Such board shall adopt a seal u-ith a by the district governing board as subdistricts or ba- Coast Water Management District shall become district pursuant to chapter 76-243, Laws of Florida, suitable device and shall keep a well-bound book en- sins. The designations of such basins shall be made members of the governing board of the Manasota Ba- but less those areas in the Big Cypress Basin, shall be titled, in effect, 'Record of Governing Board of --- by the district governing board by resolutions there- sin of the Southwest Florida Water Management Dis- formed into a subdistrict or basin of the South Flori- District," in which shall be recorded minutes of all of. The governing board of the district may change trict. da Water Management District. Such area shall tie meetings, resolut iom, PrOccedinigs, certificates, bonds the boundaries of such basins. or create new basins, (8)(a) At 11:59 p.m. on December 31, 1976, the designated as the Okeechobee Basin. given by all employees, and any and all corporate bv resolution. No subdistrict or basin in the St. Johns area being transferred from the Southwest Florida (a) The governing board of the South Florida acts, which book shall at reasonable times be open to Water Nlanngement District other than established Water Management District it) the St. Johns River Water Management District shall also serve as the the inspection of any citizen of this state or taxpayer bv this act shall become effective until approved by Water Management District by change of boundaries governing hoard of the Okeechobee Basin. in the district or his' agent or attorney. t&e Legislature. pursuant to chapter 76-243, Laws of Florida, shall be (b) The governing board of the South Florida (3) The chairman and members if the board shall (2) Each basin shall be under the control of a ba- formed into a subdistrict or basin of the St. Johns Water Management District may change the hounds- receive no compensation for services as Such; but. sin board which shall be composed of not less than River Water Management District. Stich basin shall ries of the Okeechobee Basin or may subdivide the while officially (in work for the district, they shall re. three members, but shall int, de one representative he designated as the Oklawaha River Basin. The basin into smaller basins to be governed by ba.4in ceive their actual traveling expense, between their from each of the counties incilulded in the basin. members of the governing 1ward of the Oklawalia boards to be appointed by the Governor, flubject to respective places of rVAidence an(I the place %here of- (3) Each member of the various ba@in boardb River Basin of the Southwest Florida Water Manage- confirmation by the Senate as provided in subsecti,ni ficuil district businesi i, ci-od-ted, stibsistence. 6 19 620 s. 373.079 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 373-109 lodging, and other expenses in the actual amount in curred therefor. These expenses may not exceed the statutory amount allowed state officers and employees. Payment or reimbursement to governing board members for the use of private or charter aircraft may be no greater than that allowed for commercial air travel for equivalent distances. This subsection applies retroactively to the effective date of the creation of each of the five seperate water management districts. (4)(a) The governing board of the district is authorized to employ an executive directory and such engineers, other professional person, and other personnel and assistants as it deems necessary and under such terms and conditions as it may determine and to terminate such employment. The governing board may delegate all or part of its authority under this paragraph to the executive director. (b) Any internal auditoy employed by a water management district shall be hired by the governing board of the water management district and shall report directly to the board. (5) The governing board may employ a legal staff for the purposes of: (a) Providing legal counsel on matters relating to the exercise of its poweres and duties; (b) Representing it in all proceedings of an administrative or judicial nature; and (c) Otherwise assisting in the administration of the provisions of this chapter. (6) By resolution the governing board may determine the location of its principal office and provide for the change thereof. (7) The governing board shall meet at least one a month and upon call of the chairman. History.- s 15, part 1. ch. 72-299; s. 1, ch 82-46; s 6, 12, ch. 84-341. 'Note-- Repealed effective Octover 1, 1968, by s. 1, ch. 62-46, and scheduled for review pursuant to s. 11.611 in advance of that date. 373.085 Use of works or land by other districts or private persons.- (1) The governign board has authority to prescribe the manner in which local works provided by other districts or by private persons will connect with and make use of the works or land of the district, to issue permits therefor, and to cancel the permits for noncompliance with the conditions thereof or for other cause. It is unlawfule to connect with or make use of the works or land of the district without consent in writing from its governing board, and the board has authority to prevent or, if done, estop or terminate the same. The use of the works or land of the district for access is governed by this section and is not subject to the provisions of s. 704.01. However, any land or works of the district which have historically been used for public access to the ocean by means of the North New River Canal and its tributaries may not be closed for this purpose unless the district can demonstrate that significant harm to the resource would result from such public use. (2) Damage resulting from unlawful use of such works, or from violations of the conditions of permit issued by the board shall, if made by other than a public agency, be subject to such penalty as is or may be prescribed by law and in addition thereto by a date and in a manner prescribed by the board, repair of said the satisfaction of said board, or deposit with said board a sum sufficient therefor, and if by public agency, then at the expense of such agency the repair of said damage to the satisfaction of the board or the deposit with said board of a sum sufficient therefor. History.- s. 17, ch. 25209, 1949; s. 25, ch. 73-190; s. 1, ch. 82-45; s. 7, ch. 84-341. 'Note.- Repealed effective October 1, 1988, by s. 1, ch. 82-48, and scheduled for review pursuant to s. 11.611 in advance of that date. Note.- Former s. 375-17. 373.106 Permit required for construction involving underground formation.- (1) No construction may be begun on a project involving artificial recharge or the intentional introduction of water into any underground formation except as permitted in chapter 377, without the written permission of the governing board of any water management district with which the construction will take place. Such application shall contain the detailed plans and specifications for the construction of the project. (2) Each water management district has the exclusive authority to process and issue permits under this section and permits and licenses delegated under s. 403.812, except permits required by the department pursuant to 42 U.S.C. s. 300h until delegated by the department to the districts. (3) A water management district may do any act necessary to replenish the ground water of the district. The district may, among other things, for the purposes or replenishing the ground water supplies within the district: (a) Buy water; (b) Exchange water; (c) Distribute water to person in exchange for ceasing or reducing ground water extractions; (d) Spread, sink, and inject water into the underground; (e) Store, transport, recapture, reclaim, purify, treat, or otherwise manage and control water for the beneficial use of person or property within the district; and (f) Build the necessary works to achieve ground water replenishment. History.- s. 18, part 1, ch. 72-299; s. 14, ch. 78-95; s. 71, ch. 83-310; s. 2, ch. 84-338; s. 1, ch. 84-341. 373.109 Permit application fees.-- When a water management district governing board implements a permit system under this chaper or one which has been delegated to it pursuant to s. 403.812, it may establish a schedule of fees for filing applications for the required permits. Such fees shall not exceed the cost to the district for processing the application. However, permit fees shall not be required from any governmental entity. (1) All moneys received under the provisions of this section shall be allocated for the use of the water management district and shall be in addition to moneys otherwise appropriated in any general appropriation act. (2) The failure of any person to pay the fees established hereunder constitutes grounds for revocation or denial of his permit. History.- s. 19, part 1, ch. 72-299; s. 7, ch. 76-243; s. 8, ch. 84-341. 'Note.- The words "to it" were inserted by the editors. 621 373.129 Maintenance of actions.-- The department, the governing board of any water management district, or any local board is authorized to commence and maintain proper and necessary actions and proceedings in any court of competent jurisdiction for any of the following purposes: (1) To enforce rules, regulations, and orders adopted or issued pursuant to this law. (2) To enjoin or abate violations of the provisions of this law or rules, regulations, and order adopted pursuant hereto. (3) To protect and preserve the water resources of the state. (4) To defend all actions and proceedings involving its powers and duties pertaining to the water resources of the state. (5)(a) To recover a civil penalty for each offense in an amount not to exceed $10,000 per offense. Each date during which such violation occurs constitues a seperate offense. (b) A civil penalty recovered pursuant to paragraph (a) shall be deposited in the Water Management Lands Trust Fund established under s/ 373.59 and utilized exclusively by the water management district that deposits the money into the fund. Any such civil penalty recovered after the expiration of such fund shall be deposited in the Pollution Recovery Fund created by s. 403.165 and utilized exclusively within the water management district that deposits the money into the fund. (6) To recover investigative costs, court costs, and reasonable atoorney's fees. History.- s. 16, ch. 57-380; s. 16, ch. 63-336; s. 23, 35, ch. 69-106; s. 25, ch. 73-190; s. 42, ch. 79-65; s. 9, ch. 84-341. Note.- Former s. 373.221 PART II PERMITTING OF CONSUMPTIVE USES OF WATER 373.246 Declaration of water shortage or emergency. 373.246 Declaration of water shortage or emergency.-- (1) The governing board or the department by regulation shall formulate a plan for implementation during periods of water shortage. Copies of the water shortage plan shall be submitted to the Speaker of the House of Representatives and the President of the Senate no later than Octover 31, 1983. As a part of this plan the governing board or the department shall adopt a reasonable system of water-use classification according to source of water supply; method of extraction, withdrawal, or diversion; or use of water or a combination thereof. The plan may iunclude provisions for variances and alternative measures to prevent undue hardship and ensure equitable distribution of water resources. (2) The governing board or the department by order may declare that a water shortage exists for a source or sources within all or part of the district when insifficient water is or will be available to meet the present and anticipated requirements of the users or when conditions are such as to require temporary reduction in total use within the are to protect water resources from serious harm. Such orders will be final agency action. (3) In accordance with the plan adopted under subsection (1), the governing board or the department may impose such restrictions on one or more classes of water uses as may be necessary to protect the water resources of the area from serious harm and to restore them to theire previous condition. (4) A declaration of water shortage and any measures adopted pursuant thereto may be rescinded by the governing board or the department. (5) When a water shortage is declared, the governing board or the department shall cause notice thereof to be published in a prominent place with a newspaper of general circulation throughout the area. Publication of such notice will serve as notice to all users in the area of the condition of water shortage. (6) The governing board or the department shall notify each permittee in the district by regular mail of any change in the condition of his permit or any suspension of his permit or of any other restriction on his use of water for the duration of the water shortage. (7) If an emergency condition exists due to a water shortage within any area of the district, and if the department, or the excutive director of the district with the concurrence of the governign board, finds that the exercise of powers under subsection (1) is not sufficient to protect the public health, safety, or welfare; the health of animals, fish or aquatic life; a public water supply; or recreational, commercial, industrial, agricultural, or other reasonable uses, it or he may, pursuant to the provisions of s. 373.119, issue emergency orders reciting the existence of such an emergency and requiring that such action, including, but not limited to, apportioning, rotating, limiting, or prohibiting the use of the water resources of the district, be taken as the department or the executive director deems necessary to meet the emergency. (8) An affected party to whom an emergency order is directed under subsection (7) shall comply immediately, but may challenge such an order in the manner set forth in s. 373.119. History.- s. 10, part II, ch. 72-299, s. 14, ch. 78-95; s. 11, ch. 62-101; s. 10, ch. 54-341. PART III REGULATION OR WELLS 373.323 Water well contractor licenses; driller and drilling equipment registration. 373.326 Exemptions. 373.329 Fees. 373.333 Enforcement. 373.336 Penalties. 373.339 Existing regulations preserved. 373.342 Permits. 373.323 Water well contractor licenses; driller and drilling equipment registration.-[Repealed effective October 1, 1988, by s. 1, ch. 84-94. and scheduled for review pursuant to s. 11.61 in advance of that date.] 373.326 Exemptions.- [Repeal effective Oc- 622 s. 373.326 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 S. 373.636 tober 1, 1988, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 11.61 in advance of that date.] 373.329 Fees.- [Repealed effective October 1, 1988, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 11.61 in advance of that date.] '373.333 Enforcement.- (1) Whenever the water management district has reasonable grounds for believing that there has been a violation of this part or any rule or regulation adopted pursuant hereto, it shall give written notive to the person alleged to be in violation. Such notive shall identify the provision of this part or regulation issued hereunder alleged to be violated and the facts alleged to constitute such violation. (2) Such notive shall be served in the manner required by law for the service of process upon a person in a civil action or by registered United States mail to the last known address of the person. Notice alleging a violation or a rule setting minimum standards for the location, construction, repair, or abandonment of wells shall be accompanied by an order of the water management district requiring remedial action which, if taken within the time specified in such order, will effect compliance with the requirements of this part and regulations issued hereunder. Such order shall become final unless a request for hearing as provided in chapter 120 is made within 30 days from the date of service of such order. History.-s. 10, part III, ch. 72-299; a. 78, ch, 83-310; a. 1, ch. 54-94; s. 3, ch. 84-338; s. 2, ch. 84-341. 'Note.- Repealed effective Octover 1, 1988, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 1161 in advance of that date. 373.336 Penalties.- [Repealed effective October 1, 2+99, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 11.61 in advance of that date.] 373.339 Existing regulations preserved.- [Repealed effective October 1, 1988, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 11.61 in advance of that date,] 373.342 Permits.- [Repealed effective Octover 1, 1988, by s. 1, ch. 84-94, and scheduled for review pursuant to s. 11.61 in advance of that date.] PART IV MANAGEMENT AND STORAGE OR SURFACE WATERS 373.423 Inspection. 373.423 Inspection.- (1) During the construction or alteration of any dam, impoundment, reservoir, appurenant work, or works, the governing board or department shall make at its expense such periodic inspections as it deems necessary to ensure conformity with the approved plans and specifications included in the permit. (2) If during construction or alteration the governing board or department finds that the work is not being done in acordance with the approved plans and specifications as indicated in the permit, it shall give the permittee written notice stating with which particulars of the approved plans and specifications the construction is not in compliance and shall order immediate compliance with such plans and specifications. The failure to act in accordance with the orders of the governing board or department after receipt of written notice shall result in the initiation of revocation proceedings in accordance with s. 373.429. (3) Upon completion of the work, the executive director of the district or the Department of Environmental Regulations made of permitted dams, reservoirs, impoundments, appurtenant work, or works to protect the public health and safety and the natural resources of the state. No person shall refuse immediate entry or access to any authorized representative of the governing board or the department who requests entry for purposes of such inspection and presents appropriate credentials. History.-s. 7, part IV, ch. 72-299; s. 21, ch. 73-190; s. 48, ch. 79-65; s. 16, ch. 84-341. PART V FINANCE AND TAXATION 373.536 District budget and hearing thereon. 373.536 District budget and hearing thereon.- (1) The fiscal year of districts created under the provisions of this chaper shall extend from October 1 of one year through September 30 of the following year. The budget officer of the district shall, on or before July 15 of each year, submit for consideration by the governing board of the district a tentative budget for the district covering its proposed operation and requirements for the ensuing fiscal year. The tentative budget shall be adopted in accordance with the provisions of s. 200.065; however, if the mailing of the notice of proposed property taxes is delayed beyond August 29 in any county in which the district lies, the district shall advertise its intention to adopt a tentative budget and millage rate, pursuant to s. 200.065(3)(g), in a newspaper of general paid circulation in that county. The budget shall set forth, calssified by object and purpose, and by fund if so designated, the proposed expenditures of the district for bonds or other debt, for construction, for acquisition of land, for operation and maintenance of the district works, for the conduct of the affaits of the district generally, and for other purposes, to which may be added an amount to be held as a reserve. (2) The budget shall also show the estimated amount which will appear at the beginning of the fiscal year as obligated upon commitments made byt uncompleted. There shall be shown the estimated unobligated or net balance which will be on hand at the beginning of the fiscal year, and the estimated amount to be raised by district taxes and from other sources for meeting the requirements of the district. (3) As provided in s. 200.065(2)(d), the board shall publish one or more notices of its intention to finally adopt a budget for the district for the ensuing fiscal year. The notice shall appear adjacent to an advertisement which shall set forth the tentative budget in full. The notice and advertisement shall be published in one or more newspapers having a com- 623 s. 373.536 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 S. 374.021 bined general circulation in the counties having land in the district. (4) The hearing to finally adopt a budget and millage rate shall be by and before the governing board of the district as provided in s. 200.065 and may be continued from day to day until terminated by the board. The final budget for the district will thereupon be the operating and fiscal guide for the district for the ensuing year; however, transfers of funds may be made within the budget by action of the governing board at a public meeting of the governing board. Should the district receive unanticipated funds after the adoption of the final budget, the final budget may be amended by including such funds, so long as notice of intention to amend is published one time in one or more newspapers qualified to accept legal advertisements having a combined general circulation in the counties in the district. The notice shall set forth the proposed amendment and shall be published at least 10 days prior to the public meeting of the board at which the proposed amendment is to be considered. However, in the event of a disaster or of an emergency arising to prevent or avert the same, the governing board shall not be limited by the budget but shall have authority to apply such funds as may be available therefor or as may be procured for such purpose. History.-s. 28, ch. 25209, 1949; s. 3, ch. 29780, 1955 s. 4, ch. 41-497; a. 1, ch. 65-432; s. 1, ch. 67-7; s. 25, ch.73-190; s. 15, ch. 74-236; s. 46, ch. 80-274; s. 230, ch. 81-259; s. 3, ch. 84-164. 'Note.- Section 4, ch. 84-164, provides that ch. 84-164 "shall aplly to assessment rolls and taxes levied thereon for 1984 and each year thereagter" Note.- Former s. 378.28 374.141 Reports. 374.151 Officers; bonds, per diem, compensation. 374.161 Contracts. 374.171 Transfer ro Federal Government. 374.181 Liberal construction of act. 374.001 Transfer of canal authority to the Department of Natural Resources.- (1) The Cancal Authority of the State of Florida is transferred by a type three transfer, as defined in s. 20.06(3), to the Department of Natural Resources and assigned to the Division of Resource Management. All funds of the canal authority shall be transferred to and maintained in a trust fund account designated as the Cross Florida Barge Canal Trust Fund administered by the Department of Natural Resources. (2) Fee title, easements, and other interests in all lands held by the canal authority shall be transferred to the Department of Natural Resources and shall vest in the Board of Trustees if the Internal Improvement Trust Fund. Such title, easements, and other interests in land shall be maintained in the board of trustees pending legislative direction as to disposition pursuant to s. 253.783(2)(a) and shall not revert. The trustees shall utilize such lands or interests in lands pening such disposition for recreation or water management, or other purposes authorized to be performed by water management districts pursuant to s. 373.139, which uses the Legislature finds to be necessary and for a public purpose. Such lands shall be exempt from tazation. (3) This act shall not be construed to abrogate or impair any contractual agreement entered into by the canal authority or the Board of Commissioners of the Cross Florida Canal Navigation District. History.- s. 1, 5, 11. ch. 79-167; s. 3, 5, ch. 54-287. 'Note.- Effective only upon deauthorization of the Cross Florida Project by the United States Congress, on the effective date of such by the United States Congress, 374.002 Management plants for retention or disposition of certain Cross Florida Barge Canal lands and for Rodman Dam and Reservoir.- The canal authority is authorized to enter into a contract with the Department of Natural Resources for the develipment of the management plans required by s. 253.782(2)(a) and (b). History.-s. 15, ch. 79-167; s. 5, ch. 84-287. 374.011 Canal authority, creation; short title.- There is hereby created a body corporate, with the name "The Canal Authority of the State of Florida," (herein called the corporation), which shall operate under the supervision of the Department of Natural Resources. The principal office and necessary branch offices of the corporation shall be established at such places and under such rules and regulations as the board of directors may prescribe. This act may be cited as the "Canal Authority Act." History. s. 1, ch. 16176,1966; a. 1, ch 61-244, s. 25, 35, ch. 69-106; s. 12, ch. 79-167; s. 6, ch. 84-287. 'Note.- Repealed by s. 12, ch. 79-167, effective upon the effective date of deauthorization of the Cross Florida Barge Canal Project by the US Congress recept for the possible effect of laws affecting this section prior to that date. '374.021 Caital.- The capital of said corporation shall consist of the rights, privileges and franchises herein and hereby granted to said corporation. 624 s. 374.501 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 375.031 be used by it in acquiring the necessary right-of-way for the Cross Florida Barge Canal, as herein provided. (2) It shall be the duty of each of said boards of county commissioners, each year, to order the property appraisers of each of said counties to levy and assess, and the county tax collector to collect a tax at the rate fixed by the said resolution of the district board upon all of the real and personal property in said counties for said year and said levies and assessments shall be included in the tax roll and warrant of the property appraisers in each of said counties for such year. The tac collector of each said county shall collect such taxes so levied by the district board in the same manner and at the same time as state and county taxes are collected and shall pay and remit the same upon collection, within the time and in the manner required by law , to the district board. (3) The property appraiser, tax collector, and the board of county commissioners of each and every county in said district shall, when requested by the district board, prepare from their official records and deliver to the board any and all information that may be requested from time to time from him or them regarding the tax valuations, levies, assessments or collections in such counties. (4) If any of the lands acquired by the canal authority of Florida with funds provided by the Cross Florida Canal Navigation District under this act become surplus after the rights-of-way needs of the canal authority have been met such land may be sold and the proceeds of such land may be sold and the proceeds of such sale shall be paid to the countries comprising said district in direct proportion to the contribution of each county to the Cross Florida Navigation District. History.- s. 21, ch. 17023, 1935; s. 9, ch. 61-269, s. 1, ch. 65-237, 65-405; s. 21,35, ch. 69-106. s.1, ch. 77-102; s. 12, ch. 79-167; s. 2, ch. 63-265; s. 5, ch. 64-287. Note.- Repealed by s. 12, ch. 79-167, effective upon the effective date of deauthorization of the Cross Florida Barge Canal Project by the US Congress, recept for the possible effect of laws affecting this section prior to that date. Repealed effective October 1, 1939, by s. 2, ch. 63-265, and scheduled for review pursuant to s. 11611 is advance of that date. 374.511 Publication of financial statement. - At least once in each year the district board shall publish once in some newspaper published in each of the counties of the district, a complete detailed statement of all moneys received and disbursed by the district during the preceding year. Such statement shall also show the several sources from which such funds were received, and the balance on hand at the time of publishing the statement, and shall show the complete financial condition of the district. History.-s. 22, ch. 17023, 1935; s. 12, ch. 79-167; s. 2, ch. 83-265; s. 5, ch. 84-287. Note.- Repealed by s. 12, ch. 79-167, effective upon the effective date of deauthorization of the Cross Florida Barge Canal Project by the US Congress, except for the possible effect of less effecting this section prior to that date. Repealed effective October 1, 1989, by s. 2, ch. 53-266, and scheduled for review pursuant to s. 11611 in advance of that date. 374.521 Liberal construction.- It is intended that the provisions of this act shall be liberally consrued to accomplish the purposes provided for, or intended to be provided for, herein, and where strict construction would result in the defeat of the accomplishment of any of the acts authorized herein, and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen. History.-s. 13, ch. 17024, 1985; s. 12, ch. 79-167, s. 5, ch. 84-287. Note.- Repealed by s. 12, ch. 79-167, effective upon the effective date of deauthorization of the Cross Florida Barge Canal Project by the US Congress, except for the possible effect of laws effecting this section prior to that date. CHAPTER 375 OUTDOOR RECREATION AND CONSERVATION 375.031 Acquisition of land; procedures. 375.031 Acquisition of land; procedures.- (1) The department is empowered and authorized to indentify for acquisition lands, water areas, and related resources and to perform all other activities necessary or incident to improving, maintaining, selling, leasing, or disposing of land, water areas, and related resources, and improvements thereon. Prior to the acquisition of such land by the department, the seller of the land shall file a statement with the Department of State disclosing, for at least the last 5 years prior to the conveyance of title to the state, all financial transactions concerning the land, all parties having a financial interest in any transaction, and the amount of the tax assessment thereon for each year. The Board of Trustees of the Internal Improvement Trust Fund shall hold title to lands so acquired, but the beneficial use, control, and management shall be with the department. All lands identified for acquisition under this chaper shall be acquired with funds from the Land Acquisition Trust Fund. (2) The department may acquire, control, and oversee the development and use of all land, water areasm, and related resources generally classified as outdoor areas and may construct, improve, enlarge, extend, and maintain capital improvements and facilities upon such outdoor areas as needed. In performing these functions, the department shall give full consideration to the recommendations of the committee and of other agencies using or desiring to use land or water areas provided by the department. (3)(a) All land, water areas, and related resources hereafter needed by the state for outdoor recreation, wildlife management, forestry management, nature preservation, water conservation and control, and other similar or related purposes shall be acquired by the Division of State Lands of the Department of Natural Resources pursuant to the procedures set forth in chapter 253. (b) On behalf of the Board of Trustess of the Internal Improvement Trust Fund and before the appraisal of a parcel approved for purchase pursuant to this chapter, the executive director of the Department of Natural Resources or the director of the Division of State Lands may enter into an option contract to buy such parcel. The option contract shall state that the final purchase price is subject to approval by the board and that this price may not exceed the maximum offer allowed by law. The consideration for such option may not exceed $1,000 or .01 percent of the estimate by the department of the value of the parcel, whichever is greater. (4) The department may acquire by purchase, lease-purchase agreement, or otherwise, on such terms and conditions as it deems wise, any land, wa 663 s. 375.031 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 376.11 ter areas, related resources, or other property which it deems is reasonably necessary for outdoor recreation or natural resources conservation under this act, and any and all rights, title, and interest in such land, water areas, related resources, and other property, including any public lands, parks, playgrounds, reservations, roads, or parkways, owned by or in which any county, political subdivision, city, town, village, public agency, or officer of the state has any right, title, or interest, or parts thereof or rights therein and any fee simple absolute or lesser interest in provate property, and fee simple absolute in, easement upon, or the benefit of restrictions upon, abutting property to preserve and protect recreation and conservation areas and projects. (5) Land, water areas, and related resources which may be identified through the procedures provided in this act include, but are not limited to, parks and recreation areas, wildlife preserves, forest areas, wetlands, floodways, and water storage areas, beaches, water access sites, boating and navigational channels, submerged lands, historical and archaeological sites, and rights-of-way and sites for access roads which may be necessary for maximum development, use, and enjoyment of any outdoor recreation or conservation areas. The terms "land" and "lands" where used singly in this act shall be construed as inclusive of lands, water areas, and related resources. (6) The department may acquire by the exercise of the power of eminent domain, in acoordance with the statutes of the state, any land or water areas, related resources, and property and any and all rights title, and interest in such land or water areas, related resources, and other property which it determines reasonably necessary for the preservation of floodways and water storage areas, boating and navigational channels, rights-of-way for access roads which may be necessary for maximum development and use of any outdoor recreation and conservation areas, and rights-of-way for access which may be necessary for the use and enjoyment of public waterways. (7) The department may contract for the management or lease of acquired land, water areas, and related resources, or improvemtns thereon, with any state agency for its authorized purposes. The department may, in its discretion, require such state agency to pay, as rentals on such land, water ares, related resourced, or improvements, all or any part of the revenues derived from the land. (8) The department may, if it deems it desirable and in the best interest of the program, request the board of trustees to sell or otherwise dispose of any lands or water storage areas acquired under this act. The board of trustees, when so requested, shall offer that lands or water storage areas, on such terms as the department may determine, first to other state agencies and then, if still available, to the county or municipality in which the lands or water storage areas lie. If not acquired by another state agency or local governmental body for beneficial public purposes, the lands or water storage areas shall then be offered by the board of trustees at public sale, after first giving notice of such sale by publication in a newspaper published in the county or countries in which such lands or water storage areas lie not less than once a week for 3 consecutive weeks. All proceeds from the sale or disposition of any lands or water storage areas pursuant to this section shall be deposited in the Land Acquisition Trust Fund. (9) The department may sell, lease, or otherwise dispose of certain products and user rights in, under, or upon land, water areas, and related resources acquired under the provisions of this act, including, but not limited to, oil and minerals, timber and forest products, sand, gravel, earth, grazing rights, and farming rights on such terms and conditions as it determines, if the sale, lease, or other disposition is not inconsistent with or injurious to the outdoor recreation, conservation, and other purposes for which such lands and water areas were acquired. (10) The department is empowered and authorized to provide matching funds to counties and municipalities of up to 50 percent of the cost of purchaseing, exclusive of condemnation, rights-of-way for access roads or walkways to public beaches contiguous with the Atlantic Ocean or the Gulf of Mexico. History.- s. 3, ch. 63-36; s. 2, ch. 67-351; s. 25, 27, 35, ch. 69-106; s. 1, ch. 72-104; s. 1, ch. 75-81; s. 17, ch. 79-255; s. 3, ch. 80-356; s. 6, ch. 83-114, s. 15, ch. 84-330. cf.-s. 267.151 Program of vartebrats paleontology within Florida State Museum. CHAPTER 376 POLLUTANT DISCHARGE PREVENTION AND REMOVAL 376.11 Florida Coastal Protection Trust Fund. 376.30 Legislative intent with respect to pollution of surface and ground waters. 376.301 Definitions of terms used in ss. 376.30-376.317. 376.302 Dicharge of pollutants prohibited. 376.303 Powers and duties of the Department of Environmental Regulation. 376.307 Water Quality Assurance Trust Fund. 376.308 Liabilities and defenses of facilities. 376.313 nonexclusiveness of remedies and individual cause of action for damages under ss. 376-30-376.315. 376.317 superseded laws; state preemption. 376.11 Florida Coastal Protection Trust Fund.- (1) The purpose of this section is to provide a mechanism to have financial resources immediately available for cleanup and rehabilitation after a pullutant has been discharged, to prevent further damage by the pollutant, and to pay for damages. It is the legislative intent that this section be liberally construed to effect the purposes set forth, such interpretation being especially imperative in light of the danger to the environment and resources. (2) The Florida Coastal Protection Trust Fund is established, to be used by the department as a nonlapsing revolving fund for carrying out the purposes of ss. 376.001-376.21. To this fund shall be credited all excise taxes, registration fees, penalties, judgements, and other fees and charges related to ss. 376.001-376.21. Charges against the fund shall be in accordance with this section. (3)(a) Moneys in the fund that needed 634 1984 SUPPLEMENT TO FLORDIA STATUTES 1983__8.376.12A s.376.11 1984.SUPPLEMENT TO FLORIDA S currently to meet the obligations of the department sured by the volume in barrels of liquid pollutants tration of that chapter apply to, and are binding on. purautant in the exercise of its responsibilities under as. transferred to or from the registrant. all registrants who are subject to this section. except suiting for 3.011-376.21 shall be deposited with the Treasurer (b) The excise tax shall be 2 cents per barrel for the provisions of 9. 212.12(t). or other to the credit of the fund and may be invested in such transferred until the balance in the fund equals or ex- (e) The Department of Revenue sh" maintain tweenthe manner as is provided for by statute. Interest re. ceeds $30 million. For the fiscalq;qrar irorqnediately fol- records. indicating the amount of taxes collected. the Gene cid on such investment shall be credited to the lowing the year in which the alance in the fund These records shall be confidential, as provided in It. costs to t fund. equals or exceeds $30 million, no excise tax shall be 213.072. buried t1h b 1. Effective July 1. 1980, 50 percent of the in. levied unless: (f) The Department of Revenue shafl promulgate quests for terest earned from investments of the fund when the L The balance in the fund is less than or equal to rules, establish audit procedures for the audit of reg- costs, if D balance of the fund is greater than $30 million shall $25 million. For the fiscal year immediately following istrants under this section, asseas for delinquencies, turned qov be used for the acquisition of spoil disposal sites and the year in which the balance in the fund is less than and prescribe and publish such forms as may be nec- collection improvements to existing and future spoil sites for or equal to $25 million, the excise tax shall be and necssary to effectuate the f this action. BleY the ports of St. Petersburg Bayborc, Harbor, Jackson- shall remain 2 cents per barrel transferred until the (g) The Departmet fund again equals or exceeds $30 million. For the fis- applicable rules of the Career Service Conumnion, is . 4. L 94-M ile, Port Canaveral, Ft. Pierce, Palm Beach, Port Nt_Sd Everglades, Miami, Port Manatee, Port St. Joe, Tam- c -Netc-Tb. all year immediately following the year in which the authorized to employ persons and incur other a fund again is equal to or exceeds $30 million, the ex- V.W .i.. pa, Panama City, Pensacola, and other navigable wa. penses for which funds are appropriated by the Leg. @b_tk ters of the state. In the event that the balance of the else tax and fund shall be controlled as when the islature. 1981. Alth"41, fund is reduced to $30 million or less, the interest fund first was equal to or exceeded $30 million. '(5) Moneys in the Florida Coastal Protection 6... a- a t, normally accruing to the priority, acquisition and im- 2. There is a discharge of catastrophic program Trust Fund shall be disbursed for the following pur- prevement. program for spoil disposal sites shall be tions, the results of which could signifli -_ l ucs poses and no othem discontinued until the balance of the fund exceeds the balance in the fund. In the event of suc& a cata. (a) Administrative expenses, personnel ex ruses. $30 million. The provisions of this subparagraph strophic occurrence, the Governor and Cabinet as the and equipment costs of the depadment relay the 376.30 shall not apply if the Federal Government preempts head of the Department of Natural Resources may, enforcement of ss. 376.011-376.21 subject to s. pollution the authority to levy, collect, and use an excise tax by rule. relevy the excise tax in an amount not to ex- 37& 185. (1) Th pursuant to this section or if the Governor and Cabi- ceed 10 cents per barrel for a period of time sufficient (b) All immediate costs involved in the abate. preservati net declare an emergency related to a major pollutant to maintain the fund at a balance of $30 million, after ment of pollution related to the discharge of pollution of the big hazard. payment of the costs and damages related to the cat. tents covered by as. 376.011-376.21 and the atiate- can only 2. The Department of Natural Resources shall es- astrophic discharge, ment of other potential pollution hazard as author. quality of tablish a priority acquisition and improvement pro- 3. The fund is unable to pay any proven claims ized herein. dition against the fund at the end of the fiscal year. Not- (c) All costs and expenses of the cleanup and re. as gram for spoil disposal sites, which sites are to be ac- ficcomm. withstanding any other provision of this section, for habilitation of waterfowl, wildlife, and all other natu- ibl p quired using moneys from the fund, based upon its the fiscal year following the year in which the fund is ral resources damaged by the discharge of pollutants posst a 1 (2) Th recommendations and the recommendations made by unable to pay any proven claims against the fund at whether performed or authorized by the departmeni that: the. ports and the Department of Environmen Reg- the end of the fiscal year, the excise tax shall be and or any other state or local agency. lt. Such priority acquisition and improvement shall remain 5 cents for barrel transferred until all program shall take into consideration the existing (d) All provable costs and damages which are the (a) Th outstanding proven claims have been paid and the proximate results of the discharge of pollutants cov- tion of th need of each port for spoil disposal sites, the frequen- fund again equals or exceeds $10 million. For the fis- ered by ss. 376.011-376.21. ous under c -and volume of maintenance dredging at each port, cal year immediately following the year in which the (a) Th ... the movement of petroleum and other pollu e acquisition of Imll disposal sites and im- (b) Sp tant haz- fund, after levy of the 5-cent excise tax, again is equal provement3 to existing an future spoil sites for the that occur ards at each port, the protection of recreational and to or exceeds $10 million, the excise tax and fund ports of St. Petersburg Baybaro Harbor, Jackson- and gover environmental quality, and whether the propmed shall be controlled in accordance with subparagraph ville. Port Canaveral, Ft. Pierce, Palm Beach Port such prod meets the permit requirements of chapters 403 1., unless otherwise provided. Pvvrglades, Miami, Port Manatee, Port St. Joe,'Tam- age to the and 253. 4. The fund has had appropriated to it by the pa. Panama City. Pensacola, and other navigable wa- state, and 3. The recipient Port allthority or appropriate Legislature, but has not yet repaid. state funds from ters of the state. the state; rnental entity shall contribute not less than 50 the General Revenue Fund. In such event, the excise (f) A one-time expenditure of $11 million to the (c) Sqo percent of the cost of the acquisition of a spoil dis- tax shall continue to be in effect until all Such funds Water Quality Assurance Trust Fund created in a. occurring posal site. Such contribution me include land owned are repaid to the General Revenue Fund. 376.307. tially cat or improvemnents to the spoil disposal site. The de- (c) The excise tax provided for in this section (g) An annual expenditure of up to 50 percent of pressly de prtmnt shall Establish procedures for the payment shall be collected monthly by the Department of the interest earned from investments of the Vlorida terests of funds and matching contributions consistent with Revenue on the basis of records certification to the De. Coastal Protection Trust Fund when the balance is (d) Su the provisions herein. partment of Revenue and Department of Natural Re- greater than $30 million, to the Water Quality Assur. burdens i 4. Anv moneys received from the sale of dredged sources and shall be credited to the fund. However, ance Trust Fund created pursuant to a. 376.307; how- gaged in s materials deposited on a poil disposal site acquired for the purposes of this section, the excise tax on each ever, this expenditure shall be reduced by y ad- (3) Th hereunder or from the sale of an acquired spoil dis barrel of the pollutant shall be imposed only once, at ministrative expenses, personnel expensoean, and as. 376.30- p site shall be paid to the fund until the fund has the first transfer of the specific pollutant. Each tax equipment costs of the department related to the en. state by c been reimbursed for its participation in the purchase barrel of the specific pollutant shall only be consid- forcement of as. 376.011-376.21, mental Re of that site. Any remaining funds shall be paid to the ered once for the purpose of this excise tax. This ex- (h) The service charge imposed pursuant to chap- (a) De contributing governmental entity until that entity cise tax shall be in addition to all other taxes imposed ter 215. and dama has been reimbursed for its contribution. Any funds upon or paid by the registrant. However, any termi- (6) Any interest in lands acquired using moneys ties; remaining thereafter shall be paid to the fund. nal facility with a storage capacity of 250 barrels or in the Florida Coastal Protection Trust Fund shall be (b) Re There is hereby levied, to be collected from less shall report and pay the excise tax semiannually. held by the Trustees of the Internal Improvement of produc and paid by each registrant, including facilities sub- (d) Except for the 3-percent collection allowance, Trust Fund, and such lands shall be acquired pursu- (c) rs jc to the excise tax levied by sa. 3716.30-376.315, an the same duties and privileges imposed by chapter ant. to the procedures set forth in a. 253.025. and super excise tax upon each registrant for the privilege of 212 respecting the remission of tax; the in asking of re- (7) The department shall recover to the use of the prompt p pating a terminal facility and handling all pullu- turns; penalties and interest; the keeping of books, fund from the person or persons causing the dis- from. covered by has. 376.oll376.21, the amount of records, and accounts; and the compliance with the charge or from the Federal Government, jointly and (4) Th this is to be determined by the department as raea- rules of the Department of Revenue in the adminis- severally, all sums owed or expended from the fund, that the 635 6:16 s.376.30 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.376.307 a.376.307 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 ground waters is of prime public interest and concern 376.302 Discharge of pollutants prohibited. (e) A substance which poses a serious danger to with a storage capacity of 250 barrels or less shall re- to the state in promoting its general welfare, prevent- -The discharge of pollutants into or upon any wa- the public health, safety, or welfare. port and pay the excise tax semiannually. ing disease, promoting health, and providing for the ters of the state or lands, which discharge violates (3) The trust fund shall be funded as follows: (d) Except for the 3-percent collection allowance, public safety and that the interest of the state in such any departmental "standard' as defined in s. (a) A one-time transfer of $11 million from the the same duties and privileges imposed by chapter preservation outweighs any burdens of liability im- 403.803(13), is prohibited. Florida Coastal Protection Trust Fund Pursuant to 212 respecting the remission of tax; the making of re- posed by the Legislature upon those persons engaged History.-a 84, ch. 83-310; s. 6, ch 64-338 's. 376.11(5)(f). This transfer shall not be subject to turns; penalties and interest; the keeping of books, in storing pollutants and related activities. the General Revenue Fund deduction authorized in records, and accounts; and the compliance with (5) The Legislature further declares that it is the 376.303 Powers and duties of the Depart- ss. 215.20 and 215.22. the rules of the Department of Revenue in the adminis- intent of ss. 376.30-376.315 to support and comple- ment of Environmental Regulation- (b) An annual transfer of interest funds from the tration of that chapter apply to, and are binding on, ment applicable provisions of the Federal Water Pol- (1) The department has the power and the duty Florida Coastal Protection Trust Fund pursuant to B. all registrants who are subject to this section. lution Control Act. as amended, specifically those to; 376.11(5)(g). (e) The Department of Revenue shall maintain provisions relating to the national contingency plan (a) Establish rules, including, but not limited to, (c) A monthly transfer of the interest from the records indicating the amount of taxes colllected. for removal of pollutants. onstruction standards, permitting of tanks, mainte- State Water Pollution Control Trust Fund. These records are confidential, as provided in s. Welary-$4. & SMM, L 5, cb. 54.3X nance and installation standards, and removal or dis- (4) The trust fund shall be used by the depart- 213.053. posal standards, to implement the intent of as. ment as a nonlapsing revolving fund for carrying out (f) The Department of Revenuw shall promulgate 376.301 Definitions of terms used in ss. 376.30-376.317 and to regulate underground and the purposes of this act. To this fund shall be credit- rules, establish audit procedures for the audit of op- 376.30-376.317-When used in ss. 376.30-376.317, aboveground facilities and their onsite integral pip- ed all excise taxes, penalties, judgments, and other erators under this section, assess for delinquencies, unless the context clearly requires otherwise, the ing systems not covered by ss. 376.011-376-21, except fees and charges related to ss. 376.30-376.315. and prescribe and publish such forms as may be nec- term: for aboveground crude oil storage tanks covered by Charges against the fund shall be in accordance with essary to effectuate the purposes of this section. (1) "Barrel" mean Ia 42 U.S. gallons at 60 Fahren- chapter 377. this section. (G) The Department of Revenue, according to the heit. (b) Provide for the development and impleme- (5)(a) There is hereby levied an excise tax, to be applicable rules of the Career Service Commission, is (2) "Department" means the Department of En- tation of criteria and plans to prevent and meet oc- collected from and paid by a person for the privilege authorized to employ persons and incur other ex- currences of pollution of various kinds and degrees. of operating a terminal facility, as defined in a. penses for which funds are appropriated by the Leg- vironmental Regulation. (c) Establish a 376.031(9), and from a person for the privilege of op- islature. (3) "Discharge" includes, but is not limited to requirement that any facility cov- (6) The department shall recover to the use of the any spilling, leakin ered by this act be subject to complete and thorough erating a facility not covered by ss. 376.011-376.21, fund from a person or persons at any time causing or having caused the discharge or form the Federal Gov- seeping, pouring, emitting, emp- inspections at reasonable times. Any facility which which is served by air, rail, truck, pipeline located in ernment, jointly and severally, all sums owed or ex- tying, or dumping of any pollutant which occurs and this state, or a vessel, used for the purpose of storing pended from the fund, pursuant to s. 376.308(4), ex- which has discharged a pollutant in violation of the provi- cept that sums recovered as a result of damage due to effects lands and the surface and ground wa- sions of ss. 376.30-376.317 shall be fully and carefully handling or transferring pollutants. The state and a discharge of a pollutant or other similar disaster ters of the state not regulated by as. 376.011-376.21 political subdivisions in the state are exempt from shall be apportioned between the fund and the Gen- (4) "Facility" means a nonresidential location monitored by the department to ensure that such the excise tax. eral Revenue Fund so as to repay the full costs to the I discharge does not continue to occur. General Revenue Fund of any sums disbursed there- containing any stationary tank or tanks which are not (d) Keep an accurate record of the costs and ex- (b) The excise tax shall be 2 cents per barrel, or from as a result of such disaster. Any request for covered by ss. 376.011-376.21 and which contain pol- penses incurred for the removal of prohibited dis equivalent measure as established by the depart- imbursement to the dund for such costs, if not lutants and have within 30 days of demand, shall be turned over to individual storage capacities greater charges and thereafter diligently to pursue the recov- ment, coming to rest in the state are exempt from department for collection. -era than 550 gallon, except for any aboveground crude ery of any sums so incurred from the person responsi- the fund equals or exceeds an unobligated balance Of (7) Moneys in the fund which are not needed cur- oil storage tank covered by chapter 377 or a nonresi- ble or from the United States Government under any $12 million, at which time no excise tax shall be lev- rently to meet the obligations of the department in dential location which contains or stores solid or gas- applicable federal act. ied unless the exercise of its responsibilities under ss. 376.30- eous pollutants in containers having individual stor- 1. The balance in the fund is less than or equal to 376.315 shall be deposited with the Treasurer to the (e) Bring an action on behalf of the state to en- an unobligated balance of $3 million, in which case credit of the fund and may be invested in such man- age capacities greater than 550 gallons. force the liabilities imposed by as. 376.30-376.317. the 2-cent tax will resume within 90 days following ner as is provided for by statute. The interest re- (5) "Fund" means the Water Quality Assurance The provisions of ss. 403.121, 403.131, 403.141, and the end of the month in which such unobligated bal- ceived on such investment shall be credited to the Trust Fund. 403.161 apply to enforcement under ss. 376.30- fund (6) Operator means any person operating a fa- 376.317. ance occurs and continue until the balance in the (8) It is the duty of the department in adminis- cility, whether by lease, contract, or other form of fund again equals or exceeds an unobligated balance tering the fund diligently to pursue the reimburse- (2) The powers and duties of the department un- of $12 million. ment to the fund of any sum expended from the fund agreement. der ss. 376.30-376.317 shall extend to the land mass for cleanup and abatement in accordance with the (7) "Owner" means any person owning a facility. 2. The fund is unable to pay any proven costs provisions of this section. For the purposes of a. of the state not described in ss. 376.011-376.21. against the fund in which case the excise tax will be 95.11, the limitation period within which to institute (8) "Person" means any individual, partner, joint and remain 5 cents per barrel, or equivalent measure an action to recover such sums shall commence on History.-s 84,ch 83-310; & 9. ch. 84-338 the last date that the discharge occurred. venture, or corporation; any group of the foregoing, established by the department, until the fund equals History.-a. 84. ch 83-310 a 3. ch. 83.353. a 10, ch 84-338 organized or united for a business purpose; or any 376.307 Water Quality Assurance Trust or exceeds $1.5 million, when the Provisions of sub- 'Note.-The reference to a 376.11(5)(f) was substuted by the editore for ref- governments] entity. Fund.- erence to a 376.11(5)(c) to correct an apparent error in a 3. ch. 83-351. (9) "Person in paragraph 1. will control. charge" means the person on the (1) There is created in the State Treasury the 3. The fund has had appropriated to it by the 376.308 Liabilities and defenses of facilities. scene who is in direct, responsible charge of a facility Water Quality Assurance Trust Fund, to be adminis- Legislature, but has not yet repaid, state funds from - In any suit instituted by the department under s8. 376.30-376.315, it is not necessary for the department from which pollutants are discharged, when the dis- tered by the Department of Environmental Regula- the General Revenue Fund. In such event, the excise to plead or prove negligencein any form or manner. charge occurs. tion. tax will continue to be in effect until all such funds The department need only plead and prove tha the (10) "Pollutants" includes any "product" as de- (2) The fund may be used to carry out the provi- are repaid to the General Revenue Fund. prohibited discharge or other polluting condition has fined in a 377.19(11), pesticides, ammonia, chlorine, sions of this act and for the cleanup and restoration (c) The excise tax provided for in this section occurred. The only defenses of a prson alleged to be and derivatives thereof, excluding liquefied petrole- of any site contaminated with: shall be collected monthly by the Department of responsible for the discharge to any action under ss. um gas. (a) Hazardous wastes; Revenue on the basis of records certifie to the De (ll) "Pollution" means the presence on the land b) "Hazardous substances" as defined in the partment of Revenue and the Department of Envi- or in the waters of the state of Pollutants in quanti- Comprehensive Environmental Response, Compen- ronmental Regulation and shall be credited to the ties which are or may be potentially harmful or inju- sation, and Liability Act of 1980. Pub. L. No. 96-510, fund. However, for the purposes of this section, the rious to human health or welfare, animal or plan life, 94 Stat. 2767; excise tax on each barrel of the pollutant shall be im- or property or which may unreasonably interfere (c) A pollutant; posed only once, at the first transfer of a specific bar- with the enjoyment of life or property, including out- (d) A substance which is or is suspected to be car- rel of pollutant which comes to rest in this state. door recreation. cinogenic, mutagenic, teratogenic, or toxic to human Each barrel of pollutant shall be considered only (12) "Secretary" means the secretary of the De- beings, or acutely toxic to indigenous species of sig- once for the purposes of this excise tax. This excise partment of Environmental Regulation. nificance to the biological community affected by the tax shall be in addition to all other taxes imposed History.-s 84.ch 83-319;a6.ch 64.338 hazardous waste or substance; or upon or paid by the operator. However. any facility 637 638 1,).84SUPPIEI%IENT.TOFLORIDASTATUTES1983 377.22 e. 377.22 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a. 377.700 petroleum products. The department shall revise W To prevent fires. 376.30-376.315 are to plead and prove that the occur- (2) Except as provided in subsection (3). the state such rules and regulations from time to time as may (n) To identify the ownership of all oiI or gas rence was solely the result of any of the following or preempts the regulation of the prevention and re- any combination of the following: Inoval of pollutant dischargashfhroinna ficility de- be necessary for the proper administration and en- wells, producing leases, refineries, tanks, plants, scribed in subsection (1) Ah c as . single tank forcement of this chapter. Rules, regulations, and or- structures, and storage and transportation equip. (1) Anactofwar. ders mmulgated in accordance with this section ment and facilities. (2) Anectofguvernment,eitherstate,federal,or having a capacity exceeding 40,000 gallons at any muni - time. shall for, but shall not be limited to, the following (o) To regulate the 'shooting,' perforating and (3)cipAanl act of God, which means only an unfore- (3) A county government is authorized to adopt purposes: chemical treatment of wells. seeable act exclusively occasioned by the violence of countywide ordinances that re;ulate underground (a) To require the drilling, casing, and plugging ondary recovery methods, in- nature without the interference of any human agen- storage tanks, as described herein, which ordinances Of wells to be done in such a manner as to prevent the Cl n of gas, air, water, or other cy. are more stringent or extensive than any state law or II tion of the fresh, salt, or brackish waters or the formations. 1 (4) An act or omission of a third party, other than rule regulating such tanks, provided; rands of the state. cycling perations. an employee or agent of the defendant or other than (a) he original ordinance was legally adopted (h) To prevent the alteration of the sheet flow of the preovention of waste, as one whose act or omission occurs in connection with and in force before September 1, 1984; or water 'in any area. herein define , to determine, limit, and prorate the a contractual relationship existing, directly or indi- (h) The ordinance establishing the local program (c) To require that appropriate safety equipment production of oil or gas, or both, from any pool or rectly, with the defendant, except when the sole con- was approved by the department. be installed to minimize th ibilit f i escape field in the state. tractual arrangement arises from a published tariff of oil or other petroleuto pr= in"MoLwent of ac. (a) To require, either generally or in or from par. and acceptance for carriage h)- a common carrier by The department is authorized to adopt rules that cident, human error, or a natural disaster during licular areas, certificates of clearance or tandem in rail, if the defendant establishes by a preponderance permit any county government to establish, in ac- drilling, casing, or plugging of any well and during ex- connection with the transportation or delivery of oil of the evidence that: tracticialo, rations. cordance with S. 403.182, a program regulating under (d n - or(gas, or any product- (a) The defendant exercised due care with re- ground storage tanks, which program is more strin- a the drilling, casing, and plugging t) To regulate the spacing of wells and to estab- spect to the pollutant concerned, taking into consid- gent or extensive than that established by any state of wells to be Wo"ne in such a manner as to prevent the lish drilling units. esc @ration the characteristics of such hazardous waste, law or rule regulating underground storage tanks. ape of oil or other petroleum products from one (u) To prevent, so far as is practicable, reason. in light of all relevant facts and circumstances; and When adopting the rules. the department shall con- stratum to another. ably avoidable drainage from each developed unit (h) The defendant took precautions a . f Sider local conditions that warrant such more 5trin. (e) To prevent the intrusion of water into in oil which is not equalized by counterdrainage. I or gas stratum from a separate stratum, except as r-..-Iv.) Lo reqte that geophysical operations rec r. seeable acts or omissions of any such thir gent or extensive regulation of underground storage IU against the consequences.that could for tanks, including, but not limited to, the proximity of provided by rules of the division relating to the injec- t conducted in a manner which will suit from such acts or omissions. the count), to a sole or single-source aquifer, the po- tion of water for proper reservoir conservation and d biota of the ifial,y- 84. lb, 93 310'. .. 11. lb. 84-13A. tential threat to the public water supply because of brine disposal. tive lands and the proximity of underground storage tanks to public (f) To require a reasonable bond, conditioned 376.313 Nonexclusiveness of remedies and wells Or ground water, or the detection of petroleum upon the performance of the duty to plug properly 0 Oa storage individual cause of action for damages under as. products in public or private water supplies. each dry andabandoned well and the full and com- the water r - 376.30-376.315.- lb. 114-M. plete restoration, by the applicant, of the area over (1) The remedies in as. 376.30-376.315 shall be which the drilling or production is conducted to the deemed to be cumulative and not exclusive. similar contour and general condition in existence 70-1"-. 1.& W281 7.4, 54 3A (2) Nothing in sa. 376.30-376.315 requires the prior to such operation. pursuit of any claim against the fund as a condition (g) To require and carry out a reasonable pro- PARTII precedent to any other remedy. CHAPTER 377 grain of monitoring or inspection of all drilling opera- (3) Notwithstanding any other provision of law, tions or producing wells, including regular inspe.. PLANNINGAND DEVELOPMENT nothing contained in a-. 376.30-376.315 prohibits any ENERGY RESOURCES tions by division personnel. person from bringing a cause of action in a court of (h) Torequirethemakingofreportashow,'nfthe 377,704 Appropriation of funds from settlement of competent jurisdiction for all damages resulting from PART I REGULATION OF OIL AND location of all oil and gas wells; the making and iling troleurn overcharge litigation. a discharge or other,condition of pollution covered by GAS RESOURCES of logs; the taking and filing of directional surveys; 377.709 Arvcdfdingbyelectricutilitiesoflo- as. 376.20-376.315. n any such suit, it is not neces- the filing of electrical, sonic, radioactive, and me- cal governmental solid waste facilities sary for such person to plead or prove ne I' ence in PART 11 PLANNING AND DEVELOPMENT chanical logs of oil and gas wells: if taken, the saving that generate electricity. Jy plead giv anv form or manner. Such person need 'on of cutting and cores, the cuts of which shall be en and'prove the fact of the prohibited discharge or oth- PART I to the Bureau of Geology; and the making of reAorts 377 704 Appropriation of funds from B'. er pollutive condition and that it has occurred. The with respect to drilling and production records. ow- ment @fpetroleum overcharge litigation-Mer, onlv defenses to such cause of action shall be those REGULATION OF OIL AND GAS ever, such information, or any part thereof, at the re- are and will be funds available to this state ciue to specified in S. 376.308. In addition to any other reme- RESOURCES q, est of the operator, shall a held confidential by settlements of litigation brought by the United th dv, the injured party is entitled to recover the costs of t re division for a period of 90 days after the comple- States Department of Energy against oil cornp;@ies the action and reasonable attorneys' fees. 377.22 Rules, regulations, and ordem tion of a well, and, at the option of the difision, for a and refineries. It is the intent of the Legislature that Hi.WY.- 84. h, .3-310; .. 12, lh. 84 333. longer @eriod. funds received as a result of federal statute or admin- 377.22 Rules, regulations, and orders.- 0) o prevent wells from being drilled, operated, istrative or regulatory actions requiring the disburse- 376.317 Superseded laws; state preemption- (1) The Department of Natural Resources shall or produced in such a manner as to cause injury to ment to states of refund moneys for alleged over- - ' -vision of as. 376.30-376.317 or of the provide, by rules and regulations, for ratable takings neighboring leases or property. charges for crude oil or refined petroleum products r.@@',d,,@,@alp),@pd'ptirsuant to such sections, which pro- in all pools on a reasonable and equitable basis. (j) Topreventthedrowningbywaterofanystra- sold during the period of time in whi h federal price S facility maintained for the put- (2) The department shall adopt such rules and turn. or part thereof, capable of producing oil or gas controls on such crude oil and reficned petroleum "on pertains pose of the underground storage of petroleum prod- regulations, and shall issue such orders, governing all in X@ying quantities and to prevent the premature products were in effect, whether by themselves or in ucts for use as fuel in vehicles, including, but not lim- phases of the exploration, drilling, and production of an irregular encroachment of water which reduces, conjunction with other moneys appropriated by the ited to. those vehicles used on and off roads, aircraft, oil, gas, or other petroleum products in the state, in- or tends to reduce, the total ultimate recovery of oil Legislature, may not be expended unless ppropriat- watercraft, and rail, is in conflict with any other pro- eluding exploration, drilling, and production in the or gas from any pool. ed in the General Appropriations Act or other subse- vision, limitation, or restriction which is now in effect offshore waters of the state as may be necessary for (k) To require the operation of wells with effi- cluent specific appropriation by law. under any law of this state or any ordinance of a local the pruper administration and enforcement of this cient gas-oil ratio, and to fix Such ratios. 1. lb 84 104 government, political subdivision, or municipality, or chaptor. Such rules, regulations, and orders shall en- (1) To prevent 'blowouts,' 'caving," and 'seep- any rule or regulation adopted thereunder, the provi- sure that all precautions are taken to prevent the age,' in the sense that conditions indicated by such 377.709 Advanced funding by electric utili- Sion of as. 376.30-3 M.317 shall control, except as pro- spillage of oil or any other pollutant in all phases of terms are generally understood in the oil and gas ties of local governmental solid waste facilities vided in subsection (3). the drilling for. and extracting of, oil. gas, or other business. that generate electricity- 6:19 640 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 377.709 s.377.709 1984 SUPPLEMENT TO FLORIDA STATUES 1983 (1) The Legislature declares that it is critical to not approve a contract which is violative of any of the and its successors in interest. In the case of a combi- dards, criteria, and guidelines for nonmandatory land encourage energy conservation in order to protect the following provisions: nation of local governments, if such combination is reclamation adopted pursuant to s. 378.021 and con- health, prosperity, and general welfare of this state 1. If the commission determines that advanced- dissolved or otherwise ceases to function, the refund tained in chapter 16C-17, Florida Administrative and its Citizens. The Legislature also declares that capacity payments to the local government during is a legal and binding obligation of the individual lo- Code. the disposal of solid refuse is an important govern- the period of construction are appropriate, such pay- cal governments which participated in the formation (7) "Mined-out area" for purposes of the reim mental obligation and that, if the disposal is not ac- ments must be the lesser of; of the combination, in proportion to their interests. bursement provisions of s. 378.037 means all eligible complished in a proper manner. such refuse poses a a. The net present value of avoided-capacity cost (5) The commission shall adopt all rules neces- lands other than clay settling areas. definite threat to the public health and welfare. The for the electric utility calculated over the period of gary to implement this section. (8) "Nonmandatory lands" means those lands Legislature further declares that the combustion of time during which the local government contracts to History.--a. 1, ch 84-196. minded or disturbed by the severance of phosphate refuse by solid waste facilities to supplement the provide electrical capacity to the utility. The avoid- cf.--sp 366.80-366.85 Florida Energy Efficiency rock prior to July 1, 1975, which lands are not subject electricity supply not only represents effective con- ed-capacity cost is that cost established by the com- and Conservation Act. to mandatory reclamation under s. 211.32(1). Howev- servation efforts but also represents an environmen- m ission pursuant to a. 366.05(9) and in effect by com- er, such lands which are put into use as a clay settling tally preferred alternative to conventional solid waste mission rule at the time the order approving the con- area, or a dam for use with a clay settling area, after- disposal in this state. Therefore, the Legislature di- tract is issued; or CHAPTER 378 July 1, 1984, shall be subject to the reclamation pro- rects the Florida Public Service Commission to es- b. An amount which is not more than the amount visions of s. 211.32(1). tablish a funding program to encourage the develop- of the design costs of the electrical component of the LAND RECLAMATION (9) "Reclamation contract" means the agreement ment by local governments of solid waste facilities solid waste facility as determined by the commission entered into between the department and an appli- that use solid waste as a primary source of fuel for to be reasonable and prudent at the time of its order, 378.031 Reclamation or acquisition of nonmanda- cant to implement the applicant's approved reclama- the production of electricity. or such portion thereof that is proportionate to the tory lands; legislative intent. tion program. electrical capacity made available by contract to the (10) "Reclamation program appilication" means (2) As used in this section. the term: 378.032 Definitions. any application for reclamation, donation, or acquisi- (a) "Commission" means the Florida Public Ser- electric utility. 378.033 Nonmandatory Land Reclamation Com- tion. vice Commission. 2. If the commission determines that energy pay- mittee; creation; composition. (11) "Year" means the fiscal year of the state. (b) "Cost-effective" means that the cost of electri- ments to the local overnment are appropriate, such 378.034 Submission of a reclamation program re- History.-- s. 2, ch. 84-330. cal capacity and energy produced by a solid waste fa- payments may not be greater than the lesser of; quest; procedures. cility financed and constructed pursuant to this sec- a. The hourly incremental energy rates of the 378.035 Department respons i bill ties and duties 1 378.033 Nonmandatory Land Reclamation tion and delivered to an electric utility is no greater electric utility as provided for in its approved tariffs with respect to Nonmandatory Land Committee; creation; compostion.-- than the cost to that utility of producing an equiva- over the period of the contract; or Reclamation Trust Fund. (1) The Nonmandatory Land Reclamation Com- lent amount of capacity and energy had the altena- b. The energy costs associated with the avoided- 378.036 Land acquisitions financed by Nonmanda- mittee is created within the Department of Natural five facility not been constructed and operated. capacity costs of the electric utility as determined by tory land Reclamation Trust Fund Resources to serve as an advisory body on matters re- (c) "Electric utility" means any electric utility the commission. moneys. latting to nonmandatory land reclamation. The com- 3 The electric utility must currently be providing 378.037 Comptroller; responsibilities and duties mittee shall be composed of five members appointed by the Governor and confiremed by the Cabinet. In over which the commission has ratesetting authority. electrical energy at retail within the geographic area making the appointments, the Governor shall consid- (d) "Electrical component" means the turbine, with respect to reimbursement of recla- er the needs of the program for engineering, fiscal, generator, and associated transmission facilities of a of the local government or within the geographic area mation coals. reclamation, and environmental expertises. Three of solid waste facility. of one or more of the participating local governments. 378.038 Rulemaking. the committee members shall be selected respectively 4. The amount of financing, including all carrying from Hamilton County, Polk County, and Hills- (e) "Local government" means any municipality, costs, plus reasonable and prudent administrative 378.031 Reclamation or acquisition of non- borough County. county, consolidated government, or special district, costs incurred by the electric utility, must be recov- mandatory lands; legislative intent.--It is the in- (2)(a) In order to achieve staggered terms of authority or commission, or any combination there- ered from the ratepayers of the electric utility pursu- tent of the Legislature to provide an economic incen- those members first appointed, two members shall be of. appointed for terms of 2 years each, and three mem- (f) "Solid waste facility" means a facility which ant to the provisions of the Florida Energy Efficiency tive to encourage the reclamation of the maximum bers shall be appointed for terms of 4 years each. and Conservation Act. An electric utility may not be number of acres of eligible nonmandatory lands in Thereafter, a member of the committee shall serve diposes of solid refuse by any process that produces required to pay to the local government any funding the most timely and efficient manner or the donation 4-year term or until his successor is appointed. A heat and incorporates, as a part of the facility, the in excess of that collected from its ratepayers. or purchase of nonmandatory lands. The Legislature member of the committee is eligible for reappoint- means of converting heat to electrical energy in 5. Funding of the electrical component of the sol- ment. amounts greater than actually required for the opera- id waste facility must be cost-effective to the rate- recognizes that certain lands mined or disturbed pri- (b) A vacancy on the committee shall be filled for tion of the facility. or to July 1, 1975, have been naturally reclaimed. the remainder of the unexpired term in the same (3) payer and must not cause or contribute to the uneco- History.--s. 5 ch.78-136, s. 3 ch.82-164; s. 1 ch.83-23; manner as the original appointment. A single vacancy a) Upon the petition of a local government, nomic duplication of electric facilities. s. 31 ch.83-216; s. 17, ch 83-339; s 1, ch 64-330. on the committee will not impair the right of the re- the commission shall have the authority, subject to (4) The amounts required of an electric utility as maining members to exercise the powers of the com- the provisions of this section, to require an electric advanced-capacity payments shall be paid to the lo- 379.032 Definitions.-As used in ss. 378.032- mittee. utility to enter into a contract with the local govern- cal government unit during the construction of the 378.038, the term: (3) The members of the committee shall elect a ment to provide advanced funding to such govern- unit as established by the contract and approved (1) "Approved reclamation program" means a chair, whose office shall rotate among the members of ment for the construction of the electrical component by the order. Such payments are subject to being re- reclamation program which has been approved by the the committee annually. of a solid waste facility. funded in full or proportionately to the electric utili- Governor and Cabinet as head of the Departmentt of (4) The committee shall meet at least annually at (b) A contract may not be entered into without ty if the electrical component of the solid waste facili- Natural Resources. the call of the chair. The presence of four mebers is the prior approval of the contract by the commission. ty fails, for any reason, operate at a 70-percent- (2) "Clay settling area" for purposes of the reim- required to constitute a quorum; a vote of three The commission may approve or disapprove a con- capacity factor based on a 12-month rolling average. bursement provisions of s. 378.037 means an area members is necessary for committee action. tract, or it may modify a contract with the concur- Any refund shall be calculated and paid annually. If completely enclosed by an earthen dam and used for (5) Committee members shall serve without pay. rence of the parties to the contract. When reviewing during the life of the contract a solid waste facility is waste clay disposal. However, mebers shall be reimbursed from the a contract, the commission shall consider those items abandoned, closed down, or rendered illegal by appli- (3) "Committee" means the Nonmandatory Land Nonmandatory Land Reclamation Tryst Fund for it deems appropriate, including, but not limited to, cable law, ordinance, or regulation, the full amount of Reclamation Committee. per diem and travel expenses pursuant to ss. 20.05 and 112.063. the cost-effectiveness of the unit and the financial any unrefunded advanced-capacity payments is sub- (4) "Department" means the Department of Nat- ability of the electric utility to provide the funding. It ject to being refunded to the electric utility. Any re- ural Resources. an electric utility and a local government cannot fund by a local government of advanced-capacity (5) "Eligible lands" means those lands mined at and 112.063. agree to the terms of a contract, or if it is shown that payments to an electric utility shall be refunded by disturbed by the severance of phosphate rock prior to History.-- ss. 3, 13, ch. 84-330. an electric utility has refused to negotiate a contract the electric utility to its customers as a credit shown July 1, 1975, and included as eligible lands in the 1Note.- Expires July 1, 1984, pursuant to s 11. ch 84-330 and is with a local government, the commission mmay pre- on the customers' bills as soon as is practicable after master reclamation plan adopted pursuant to s. scheduled for review pursuant to s . 11.611 in advance of that date. scribe the terms of the contract subject to the provi- the receipt of the refunded portions. The obligation 378.021. sions of this section. The commission, however, shall to make a refund is binding on the local government (6) "Master reclamation plan" means the stan- 641 642 379.037 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.390.045 &.380.045 1984 SUPPLEMENT TO FLQRIV@ sT--ATUTES 1983 5.380.05 necessary, to effect the reclamation consistent with shall be to organize a voluntary, cooperative resource program. Each state and regional agency involved in rule shall become effective 20 days after being filed the standards of the approved master reclamation plannin d management program to resolve exist- implementing the program shall cooperate to the with the Secretary of State, except that an emergency g, anj an plan; in prevent future, problems which may endan- maximum extent possible in ensuring that the pro- rule adopted by the commission and designating an 2. The reclamation contract amount; or ger those resources, facilities, and areas described in gram is given full effect. area of critical state concern shall become effective 3. T@e amount allowed based on prereclamation a. 380.05(2) within the area under study by the state (5) The state land planning agency shall report to immediately on being filed. Any rule adopted Purim- land form, to include mined-out areas at $4,000 per land planning agency. the Administration Commission within 12 months of ant to this paragraph shall be presented to the Legis, reclaimed acre and clay settling areas and other land (2) The committee shall include, but shall not be the approval of the program by the commission con- lature for review pursuant to paragraph (c). An eco- forms at $2.500 per reclaimed acre adjusted annually limited to, representation front each of the following: cernin - nomic impact statement prepared pursuant to a. the implementation and the effects of the ap by the appropriate inflationary index for construe- elected officials from the local governments within prove voluntary resource planning and management 120.54(2)(s) shall not be a ground for a challenge of tiun. the area under study; the planning office of each of Frogram. The report shall include, but shall not be the rule: however. a landowner shall not be precluded (2) The Comptroller shall adopt rules to imple- the local governments within the area under study; imited to: from using adverse economic results as grounds for ment the payment pro%isions of the master rcclama. the state land planning agency; any other state agen- (a) An assessment of state agency compliance challenge. Such principles for guiding development tion plan and this SeCti3n, including, but not limited cy under chapter 20 a representative of which the with the program, including the degree to which the shall apply to any development undertaken subse- to, periodic reimbursements and competitive pro- Governor feels is relevant to the compilation of the Program recommendations have been integrated into quent to the legislative review pursuant to paragraph curement of services and commodities to the extent committee; and a water management district, if ap- agency planning, program implementation, regulate- (c) of the designation of the area of critical state con. practicable, unirss a landowner elpcU to utilize his propriate. and regional planning council all or part of ry activities, and rules; cern with or without modification but prior to the own pers,cmiel and equipment. The landowner may whose J i diction lies within the area under study. (b) An assessment of the compliance by each af- adoption of land development rules and regulations Juns select 3 method of reimbursement from the alterna- After the appointment of the members, the Governor fected local government with the program; or a local comprehensive plan for the critical area ti% es adepted by the Comptroller. shall select a chairman and vice chairman. A staff (c) An evaluation of state, regional, and local pursuant to subsections (6) and (8). No boundaries or U 4.- - 7. b. M 1W member of the state land planning agency shall be monitoring and enforcement activities and recom- pi@inciples for guiding development shall be adopted a . t d by the director of such agency to serve as Menclations for improving such activities; and without a specific finding by the commission that the ypoin e 378.038 Rulemaking.-The department shall t e secretary of the committee. The state land plan- (d) A recommendation as to whether or not all or boundaries or principles are consistent with the pro- adopt reasonable rules which recegnize the cost reim- ning agency shall, to the greatest extent possible, pro- any portion of the study area should be designated an tection of the resources or area sou-ht to be protect- bursement limitations of a. 378.037(l)(b) to imple- vide technical assistance and administrative support area of critical state concern pursuant to a. 380.05. ed. The commission is not authorlied to adopt any ment the provisions of this act, including, but not to the committee. Meetings will be called as neecied rule that would provide for a moratorium on develop- limited to. size requirements for areas which are the by the chairman or on the demand of three or more The state land planning agency may make such other ment in any area of critical state concern. subject of a reclamation program application, an ap. members of the committee. The committee will act reports to the commission as it deems necessary, M. (c) A rule adopted by the commission pursuant to propriate inflationary index for construction.,time on a simple majority of a quorum present and shall eluding recommending that all or any Portion of the paragraph (b) designating an area of critical state limits for completing the approved reclamation, make a report within 6 months to the head of the study area be designated an area of critical state con* concern and principles for guiding development shall minimum standards and criteria for reclamation, and state land planning a4ency. The committee shall, cern because of special circumstances in the study be submitted to the President of the Senate and the procedures to ensure that the trust fund is mamcged from the time of appointment, remain in existence area or in the implementation of the approved volun- Speaker of the House of Representatives for review in accordance with good accounting principles Z;d for no less than 6 months. tary resource planning and management program. no later than 30 days prior to the next regular session the provisions of this chapter. (3) Not later than 12 months after its appoint- ififit0jr- t ChL 71943; L 1. cbL 84-281. of the Legislature. The Legislature may reject, modi- Matory- L cL 64 3M ment by the Governor, the committee shall either take no action relative to the adopted rule. In adopt a proposed voluntary resource planning and 380.05 Areas of critical state concern.- fy, or management program for the area under study (1)(a) The state land plarminj aFen may from deliberations, the Legislature may consider, or y ing and time to time recommend to the A miniscrittion Com. among other factors, whether a resource planning recommend that a voluntary resourceflann' i ision specifi committee has established a pro- man gemen prog mis te areas of critical state concern. In its and management CHAPTER 380 volunta resource planning an =enit - recommendation, the agency shall include recom. gram Pursuant to a. 380.045. In addition to any other w t pro data and information required pursuant to this chap- gram shall contain the com, itt It re- I mendations with respect to the purchase of lands sit. LAND AND WATER MANAGEMENT spect to problems that endange those resources, fa- uated within the boundaries of the proposed area as ter, :ach rule presented to the Legislature shall in- cilities, and areas described in s. 380.05(2) and shall environmentally endangered lands and outdoor rec- clud a detailed legal description of the boundary of PART I ENVIRONMENTAL LAND AND contain detailed recommendations for state, regional, reation lands under the Land Conservation Act of the area of critical state concern, proposed principles WATER MANAGEMENT and local governmental actions necessa to rc ""ve 1972. The agency also shall include any report or rec- for guiding development, and a detailed statement of current and prevent future problems Uentifie@ by ommendation of a resource planning and manage. how the area meets the criteria for designation as PART It COASTAL PLANNING the committee. A major objective of the proposed ment committee appointed pursuant to a. 380.045; provided in subsection (2). ANDMANAGEMENT voluntary resource planning and management pro- the dangers that would result from uncontrolled or (d) If, after the repeat of the boundary designa. gram shall be the effective coordination of state, re- inadequate development of the area and the advan. tion of an area of critical state concern pursuant to PART I gional, and local planning; program implementation; tages that would be achieved from the development subsection (15), the state land planning agency deter- and regulatory activities for compreh@nsive resource of the area in a coordinated manner; a detailed mines that the administration of the local land devel- ENVIRONMENTAL LAND AND management. The committee shall submit the pro- boundary description of the proposed area; lepecific opment regulations or a local comprehensive plan WATER MANAGEMENT posed voluntary resource planning and management principles for guiding development within the area; within a formerly designated area is inadequate to program to the head of the state land planning agen- and an inventory of lands owned by the state, federal, protect the former area of critical state concern, then 380.045 Resource planning and management com- cy, who shall transmit the program along with the county, and municipal governments within the pro- the state land planning agency may recommend to mittees; objectives; procedures. recommendations of the agency for monitoring and posed area. the commission that the area be redesignated as an 380-05 Areas of critical state concern. enforcing the program, as well'as any other recom- (b) Within 45 days following receipt of a recom- area of critical state concern. Within 45 days follow- 390.06 Developments of regional impact. mendatiuns deemed appropriate, to the Administra- mendation from the agency, the commission shall ei- ing the receipt of the recommendation from the agen- 360-08 Protection of landowners' rights. tion Commission. ther reject the recommendation as tendered or adopt cy, the commission shall either reject the recommen- (4) The Administration Commission shall by res- the recommendation with or without modification dation as tendered or adopt the same with or without 380.045 Resource planning and manage. olution approve, approve as modified, or reject the and by rule designate the area of critical state con- modification. The commission may, bv rule, make ment committees; objectives; procedure a.- proposed voluntary resource planning and manage- cern and the principles for guiding the development such redesignation effective immediately, at which (1) Priur to recommending an area as an area of merit program and state land planning agency recom. of the area. The rule sh !itI require state and regional time the boundaries, regulations, and plans in effect critical state concern pursuant to s. 380.05, the Gov. mendations; and the Administration Commission agencies to coordinate their plans and to conduct at the time the previous designation was repealed e,n(,lr, acting as the chief planning officer of the state, shall request each state or regional agency that is re- their programs and regulatory activities consistent shall be reinstated. Within 90 days of such redesigns- @haI appoint a resource planoing and management sponsible for im with the adopted principles for guiding development, tion, the commission shall begin rulemaking proce- nyllementing a portion of an approved c.1mmittee for the area under stud -v by the state land program to con uct its programs and regulator), ac- within the scope of statkitory authority granted to the dures to designate the area an area of critical state planning agency. The objective of the committee tivities in a manner consistent with the approved state land planning agency by the Legislature. The concern under paragraph (b). 6.15 646 s.380.05 9.380.05 1984 SUPPLEM ENT TO FLORIDA STATUTES 1983 a.380.05 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 8@ 38o.ols (2) An area of critical state concern maybe desig- time areas wholly. or partially within its *urisdl tion cern. Within 45 days followinjS receipt of the recom- ed person pursuant to a. 120.54(5), a local govern- nated only fur. that meet the criteria for areas of criti.1 .1t.Ccon. menciation from the agency, the commission shall ei- ment or regional planning agency within the desig- (al Anareaconta' i n having a significant im- cern as defined in this section. Each regional plan- ther reject the recommendation as tendered or adopt nated area, or the state land planning agency, the in pact upon, environmental'oorr natural resources of re- ning agency shall solicit from the local governments the recommendation with or without modification, commission may by rule remove. contract. or expand gional or statewide importance, including, but not within its jurisdiction suggestions as to areas to be and by rule establish land development regulations any designated boundary. Boundary expansions are limited to, state or federal parks, forests, wildlife ref- recommen ed. A local government in an area where and a local comprehensive plan applicable to that lo- subject to legislative . uges, wilderness areas, aquatic prese there is no regional planning agency may recommend review pursuant to paragraph rves, me call government 9 portion of the area of critical state 1)(c). No boundary may be modified without a spe. al jor rive@ and estuaries, state environments y en angere d to the state land planning agency from time to time concern. However, such rule shall not become effec- cific finding by the commission that such changes are lands, Outstanding Florida Waters, and aquifer re- areas wholly or partially within its jurisdiction that tive prior to legislative review of an area of critical consistent with necessary resource protection. The charge areas, the uncontrolled private or public de- meet the criteria for areas of critical state concern as state concern pursuant to paragraph (1)(c). In the total boundaries of an entire area of critical state velopment of which would cause substantial deterio- defined in this section. If the state land Is i F maing rule, the commission shall specify the extent to which concern shall not be removed by the commission un- c ration of such resources. Specific criteria which shall agency does not recommend to the commim on as an its land development regulations and plans will eu- less a minimum time of I year has e psed from the be considered in designating an area under this para- area of critical state concern an area substant*all is persecle, or will be supplementary to, local land de- adoption of regulations,and(a local comprehensive graph include: similar to one that has been recommended ' it velopment regulations and plans. Notice of any pro- plan pursuant to subsec ion 1), subsection (6), sub- 1. Whether the economic value of the area, as de- respond in writing as to its reasons therefor. posed rule issued under this section shall be given to section (8), or subsection (10). Before totally reinov- terinmed by the type, variety, distribution, relative (4) Prior to submitting any recommendation to all local governments and regional planning agencies ing such boundaries, the commission shall make rind- scarcity. and c.n6tion of the environmental or natu- the commission under subsection (1), the state land in the area of critical state concern, in addition to any ings that the regulations and plans adopted pursuant ral resour,es within the area, is of substantial region- planning agency shall give notice to any committee other notice required under chapter 120. The land to subsection (1), subsection (6), subsection (8), or al or stattwide importance. appointed pursuant to 9. 380.045 and to all local gov- development regulations and local comprehensive subsection (10) are being effectively implemented by 2. Whether the ecolo,ical value of the area, as de- ernments and regional planning agencies that include plan adopted by the commission under this section local governments within the area of critical state termined by the physical and biological components within their boundaries any part of any area of criti- may include any type of regulation and plan that concern to protect the area and that adopted local of the c nvir@nmen,.l system, is of substantial region- cal state concern proposed to be designated b- the could have been adopted by the local government. Cvernment comprehensive plans within the area 31 or statcwide importance. rule, in addition to any notice otherwise require. . un- Any land development regulations or local c pro- ve been conformed to principles for guiding devel- 3. %% htther the area is a designated critical hab'- der chapter 120. hensive plan adopted by the commission undoemr this opment for the area. tat of anv state or federally designated threatened @r (5) After the commission adopts a rule desi,, net- section shall be administered by the local govern- (13) If the state land planning agency determines endangered plant or animal species. inf the boundaries of, and principles for guidin: de- ment as part of, or in the absence of, the local land that the administration of the local land developr 4. Whether the area is inherently susceptible to ve opment in, an area of critical state concern and development regulations and local comprehensive ment regulations or local comprehensive plans within substantial development due to its geographic loca- within 180 days of such adoption, the local govern- plan. the area is inadequate to protect the state or regional tion or natural aesthetics. ment having jurisdiction may submit to the state (9) If, within 12 months after the commission interest prior to the repeal of the critical state con- 5. Whether any existing or planned substantial land planning a tan % - '-t - V,,. gency its existing d development adopts a rule designating an area of critical state con- cern designation, pursuant to subsection- (15);@the: development within the area will directly, significant- regulations and local co@pprehensiv@glqn for the . , , _ , '4ta a land lilistininglagency-may instituw, p; t ,develo e re lit" locid mppro As e lv,apd@4@ 'usly.siffect 'Claild p an 'subinitithi-- is fjr@ @nt ea Cve'027 become e1kitive judicial proceedings, as provided in s. 3SO .11, to com- t@ Iete@iq ar h tfitare*dwhi6hiireof neiiv oi modified regu ations and plan. the local gov. u.- P r . ti. (6) or subsection (8), the des- pel proper enforcement of the land development reg- der eith is regional or statewide importance. ernment taking into consideration the principles set ignation of the area as an area of critical state con. ulations or plans. (b) An area containing, or having a significant forth in the rule designating the area. cern terminates. No part of such area may be recom. (14) Any local government which lies either whol- impact upon, historical or archaeological resources, (6) If the state land planning agency rinds that mended for redesignftion until at least 12 months af- ly or partially within an area of critical state concern sites, or statutorily defined historical or archaeologi. the land development regulations and local compre- ter the date the designation terminates pursuant to and which has previously adopted a local government cal districts, the private or public development of hensive plan submitted by a local government com- this subsection. The running of the 12-month period comprehensive plan pursuant to chapter 163 shall which would cause substantial deterioration or com- ply with the principles for guiding the development subsequent to the initial designation shall be tolled conform such plan to the principles for guiding devel- plete loss of such resources, sites, or districts. Specific of the area specified under the rule desiTating the upon challenge pursuant to the provisions of chapter opment for the area of critical state concern. No later crite,i3 which shall be considered in designating an area, the state land planning agency shall y rule ap- 120 to either the designation of the area of critical than January 1, 1984, or any other time as agreed area under this paragral?h include: prove the land development regulations and plan. state concern or the adoption of land development upon in writing by the state land planning agen, 1. Whether the area is associated with events that Such approval shall be no later than 60 day& after regulations and local comprehensive plans under 6ub- and the governing body of the local gov;rnme, have made a significant contribution to the history of submission of the land development regulations and section (6) or subsection (8). these plans shall be submitted to the state land pl the state or region. plan by the local government. No proposed land de- (10) At any time after the adoption of land devel' ning agency for review and action as provided in 2.Whether the area is associated with the lives of v4!lopment regulation or local comprehensive plan opment regulations and plans by the commission un- section (6) or subsection (8). persons who are significant to the history of the state within an area of critical state concern becomes effec- der this section, a local government may propose land (15) Any rule adopted pursuant to this section or region. tive under this subsection until the state land plan- development regulations or a local comprehensive designating the boundaries of an area of critical state 3. Whether the area contains any structure that ning agency rule approving it becomes effective. plan which. if approved by the state land planning concern and the principles for guiding development embodies the distinctive characteristics of a type, pe- (7) The state land planning agency and any ap- agency as provided in subsection (6), will a persecle therein shall be repealed by the commission no earli- riod, or method of construction. that represents the plicable regional plarinin en v hall, to the great- any regulations or plans adopted under stubsection er than 12 months and no later than 3 Years after ap- p (8). Eyroval by the state land Ian i gency or adoption work of a master, that possesses high artistic values, est extent possible, r.. VtechZcal assistance to lo- the commission naVelopment regula- or that represents a significant and distinguishable cal governments in thepreparation of the land devel- (11) Land development regulations or a local of 2 IM y e comprehensive plan submitted by a local government tions and local comprehensive plans pursuant to sub- tity the components of which may lack individual opment regulations and local comprehensive plan for istinction and which are of regional or statewide im- areas of critical state concern. in an area of critical state concern and approved pur- section (6), subsection (8). or subsection (10). Any re- portance. (8) If any local government fails to submit land suant to subsection (6) ma@ ble amended or rescinded peal pursuant to this subsection may be limited to 4. Whether the area has yielded. or will likely development regulations or a local comprehensive by the local government , ut the amendment or re. any portion of the area of critical state concern. Such yield, information important to the prehistory or his- plan within 180 days after the commission adopts a scission becomes effective only upon a@roval thereof repeal shall be contingent upon a provaI by the state tory of the state or region. rule designating an area of critical state concern, or if by the state land planning agency. e 'state land land planning agency of local lansdevelopment regu- (c) An area having a significant impact upon, or the regulations or plan submitted do not comply with planning agency shall either approve or reject the re- lations and plans pursuant to subsection (6) or sub- being significantly impacted by, an existing or pro- the principles for guiding development set out in the quested changes within 60 days of receipt thereof. section (10) and upon such regulations and plans be- posed major public facility or other area of major rule designating the area of critical state concern, in Land development regulations or local comprehen- ing effective for a period of 12 months. public investment including, but not limited to, high- either case, Within 120 days. the state land planning sive plans for in area of critical state concern adopt- (16) No person shall undertake any development ways, ports, airports, energy facilities, and water agency shall submit to the commission recommended ed by the commission under subsection (8) may be within any area of critical state concern except in ec- management projects- land development regulations and a local comprehen- amended or rescinded by rule by the commission in rciance with this chapter. (3'Each regional planning agency may recom- sive plan or portions thereof applicable to that local the same manner as for original adoption. co (17) If an area of critical state concern has been mend to the state land planning agency from time to government's portion of the area of critical state con- (12) Upon the request ofa substantially interest-- designated under subsection (1) and if land develop- 647 648 10 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 9.380.06 a.380.06 1984 SUPPL IEMENT TO FLORIDA STATU ES 1983 8.380.0 ment regulations for the area of critical state concern upon the health. safety, or welfare of citizens of more ant to subsection (18). or whether a proposed sub. posed is within an area of critical state concern aL have not yet become effective under subsection (6) or than one county. stantial change to a development of regional impact the development has been approved under the r subsection (8), a local government may grant devel- (2) ADOPTION OF GUIDELINES AND STAN. concernin which rights had previously vested pursu- quirements of a. 360.05; or opment permits in accordance with such land devel- DARDS BY ADMINISTRATION COMMIS- ant to filection (18) woul divest such rights, he (c) The developer has given written notice to tj opment regulations as were in effect immediately pri- SION.- may request a determination from the state land state land planning agency and to any local goverl or to the designation of the area as an area of critical (a) The state land planning agency shall recom- Aarming agency. A request for a binding letter of in- ment having jurisdiction to adopt zoning or subdiv st te conce n. mend to the Administration Commission specifi t ic terpretation shall be in writing and in such form and sion regulations for the area in which the develol "(18) Neither the designation of an area of critical guidelines and standards for adoption ursuant to content as prescribed by the state land planning ment is proposed and, after 90 days have passed, r state concern nor the adoption of any regulations for this subsection. The Administration Sommission ageng. Within 15 days of receiving an application for zoning or subdivision regulations have been adoptc such an area shall in any way limit or modify the shall by rule adopt guidelines and standards to be a bin ing letter of interpretation or a supplement to or designation of area of critical state concern issue, rights of any person to complete any development used in cletermining whether particular develop- a p ding application, the state land planning agency (6) FILING BY DEVELOPER OF APPLIC that has been authorized by rei,istration of a subdivi- ments shall be presurn 81 determine and notify the @pplicanit whether the ION FOR APPRO ed to be of regional impact. hZn T VAL OF DEVELOPMENT. sion pursuant to chapter i98 Zr former chapter 478, The standards and guidelines previously adopted by information in the application is sufficient to enabli the development of regional impact is to be locau by rr-cordation pursuant to local subdhision plat law, the,Administration Commission and approved by the 1h en to issue a binding letter or shall request within the jurisdiction of a local government that hi or by a building permit or other authorization to Legislature shall remain in effect unless revised pur- g tional information needed. The applicant adopted a zoning ordinance or subdivision regull an add colruncrice development on which there has been reli- su&n .yi an application for & it to this section. Revisions to the present stan- hall thr provide the additional information re- tions, the developer shall It anee and a charge of position, and whi h registration dards and gui4el@ircs, after adoption by the Adminis- quested or shall notify the state land planning agen velopment approval with the propriate I cal or recordation was accomplished, or which permit or tration Commission, shall be transmitted on or be- in writing that the information will not be suppli ernment having jurisdiction. The applicatoin sr. authorization was issued, prior to the approval Linder fore March I to the President of the Senate and the and the reasons therefor. If the applicant does not re- contain. in addition to such other matters as may I subsection (6), or the adoption under subsection (8), Speaker of the House of Representatives for presen- spond to the request for additional information with- required, a statement that the developer proposes , of land development regulations for the area of criti. tation at the next regular session of the Legiss@tiure_ in 120 days, the application for a binding letter of in- undertake a "development of regional impact" as d cal state concern. If a developer has by his actions in Unless approved by joint resolution of the g 'Is- terptetation shall be deemed to be withdrawn. With- fined under this section. reliance on prior regulations obtained vested -or other ture, the revisions to the present standards and in 30 days of acknowledging receipt of a sufficient ap- (7) PREAPPLICATION CONFERENCE 0 legal rights that in law would have prevented a local guidelines shall not become effective. plication, or of recei * notification that the infor- PROPOSED DEVELOPMENT; PROCEDURE T government from changing those regulations in a way (b) In adopting its guidelines and standards, the mation will not be srpliplied. the state land planning ELIMINATE QUESTION FROM APPLICi adverse to h; interests, nothing in this chapter au- Administration Commission shall consider and shall agency shall issue a binding letter of interXretation TION.- thorizes arny"governmentall agency to abridge those be guided by: with respect to the proposed development. binding ng an application for developmai 1. The extent to which the development would (a) Before fill rights. letter of interpretation issued by the state land plan- approval, the developer shall contact the region (19) In addition ,, any other notice required to create or alleviate environmental problems such as ning @gency shall bind all state, regional, and local planning agency with jurisdiction over the propost be given under the local land development regula- air or water pollution or noise. agencies, as well as the developer. development to arrange a preapplication conferenc tions, the local government shall give notice to the 2. The amount of pedestrian or vehicular traffic (b) In determining whether a proposed substan- Upon the request of the developer or the region state land planning agency of any application for a likely to be generated- tial change to a development @f regional impact con- planning agency, other affected state and region development permit in any area of critical state con- 3. The number of persons likely to be residents, cerning which rights had previously vested pursuant hall participate in this conference and shi cern, except to the ezte'nt that the state land plan- employees, or otherwise present. to subsection (18) would divest such rights. the state =tshe types of permits issued by the agencit ning agency has in writing waived its right to such 4. The size of the site to be occupied. land planning agency shall review the proposed the level of information required, and the permi, i 5. The likelihood that additional or subsidiary change within the context of., notice in re"gard to all or certain classes of such appli- development will be generated. I. Criteria specified in paragraph (17)(b); suance procedures as applied to the proposed d-, cations. The state land planning agency may by rule 6. The extent to which the development would 2. Its conformance with any adopted state com- opment. The regional planning a ttency shall pr,,v@ I specify additional classes of persons who shall have the developer information about t e development-. the right to receive notices of, and participate in, create an additional demand for, or additional use of, prehensive plan and any rules of the state land plan- regional-impact process and the use of preapplicini hearings under this section. enery, including the energy requirements of subsid- ning agency; fy issues, coordi te appropria Ila (20) At no time shall a land area be designated an "ry evelopments. 3. All rights and oblliqations arising out of the conferences to identi area of critical state concern if the effect of such des- 7. The unique qualities of particular areas of the vested status of sud@ 2 i, _ -ment; state and local agency requirements, and otherwi late. 4. Permit conditions or requirements imposed by promote a proper and efficient review of the pr ignation w,)u!d be to subject m@rp than 5 percent of posed development. the land of the state to supervi ion under this sec- (c) Any modifications to the initial guidelines and the Department of Environmental Regulation, the (b) The regional planning agency shall establi! s standards prescribed pursuant to this suusection Department of Natural Resources, or any water man- tion; except that, if any supervision by the state is re- shall not modify or abridge rights that have vested agement district created by a. 373.069 or any of their by rule a procedure by which a developer may ent tained, the area shall be considered to be included pursuant to subsection (18) or development-of- successor agencies or by any appropriate federal reg- into binding written agreements with the region .ithin the limitations of this subsection. If 5 peFcen@ regional-impact status determinations acquired ulatory agency; and planning agency to eliminate questions from tha a of the lands of the state are designated as. areas or through executed agreements r.r bindin tters is- 5. Any regional impacts arising from the pro- plication for development approval when those qu_@ critical state concern pursuant to this section, a re. K Ile tions are found to be unnecessary for developm2r, designstion pursuant to paragraph (1)(d) will not be sued pursuant to this section, upon whic be devel- posed change. I change to a develop_ of-regional-impact review. It is the legislative intei prohibited hy this subsection. oper has relied and upon the basis of which he has (c) Ifir proposed substantial 0 hanged his position prior to the effective date of ment of regional impact concerning which ilights had I this subsection to encourage reduction of page (21) W:Ain 30 days after the effeetive date of the c h rules. previously vested pursuant to subsection (18) would work, to discourage unnecessary gathering of del designation of an area of critical state concern pursu- suc and to encourage the coordination of the develo ant to paragraph (1)(c) or paragraph (1)(d). the state (3) RECOMMENDATIONS OF MODIFICA. result in reduced regional impacts, the change shall ent-of-regional- impact review process with feden TIONS BY REGIONAL PLANNING AGENCY.- not divest rights to complete the development pursu- in en such r land planning agency shall record a legal description Each regional planning agency may recommend to ant to subsection (18). state, and local environmental reviews wh of the boundaries of the area of critical state concern the state land planning agency from time to time (5) CONDITIONS FOR DEVELOPMENT OF views are required by law. in the public records of the coun or coun ke (8) OPTIONAL COORDINATED REVIE tyrn is locar"e" in modifications to guidelines and standards adopted REGIONAL IMPAcT.-A developer may underta which the area of critical state concei ed. PROCESS.-An optional coordinated review proce fli.1-y. -. S.,h 317. S. 1. ch, 74 K6. a. 1@ ch.76-190.1 4. ch. 79 -.3- under subsection (2). Each regional planning agency a development of regional impact if: 1^15. ch 81 @19:. 3, ch.28i 309-2@,h 84 281@ shall solicit from the local governments within its ju- (a) The land on which the development is pro- is established consisting of the following: ef -h @1-9 Lm.d C--ti- Act f 19-2, risdiction suggestions regarding modifications to be posed is within the jurisdiction of a local government (a) As part of the preapplication conference, t recommended. that has adopted subdivision regulations or a zoning developer may, in addition to regular developmer 380.06 Developments of regional impact- (4) DETERMINATIONS BY STATE LAND ordinance under chapter 163 or under appropriate of-regional-impact review. elect to proceed in a coc (1) DEFINITION.-The term -development of PLANNING A(.'.I-''N(,Y.- special ,r local law-i or ordinances and the develop- dinated review process with other affected stale regional impact," as used in this section, means an .v (a) If any developer is in doubt whether his pro. ment has been approved under the requirements of regional licensing agencies. The developer may. s.elv de%elopriient which, because of its character, magin- posed development would be a development of re- this section; the state or regional agencies which will pattlc'Pa rude, or location, would have a substantial effect gional irripact, whether his rights have vested pursu- (b) The land on which tire development is pro- in this coordinated review process. ti-19 650 s. 380.06 1984 SUPPLEMENT TO FLORIDAS STATUES 1983 s. 380.06 (b) The developer may request a binding agreement from an agency on any of the following; 1. The identifiable areas of agency jurisdiction over the proposed development. 2. The identifiable agency agency rules, subject to changes imposed by law, applicable to the proposed development. 3. The types and categories of information which may be required at the time of the license or permit application for proposed development. 4. Any other appropriate agreement pursuant to appropriate state or federal law or regulation. Any agreements entered into under this paragraph are subject to the provisions of chapter 120 and are not subject to paragraph (14)(a). Every agreement entered into pursuant to this paragraph shall be binding upon the developer and agency, unless the agency determines that the information upon which the agreement was based was inaccurate, that conditions have changed substantially, or that a modification has been proposed which materially changes the circumstances of the proposed development. The developer shall notify the agency of any such modification. The binding agreement shall be valid for a period of 5 years after issuance. (c) The developer may request that agencies, for nonbinding information purposes only, identify issues or problems which could later constitute grounds for permit denial or major modifications of the proposed agreement. (d) The regional planning agency shall notify all affected agencies and coordinate this review process. To further effectuate this review process, the regional planning agency may encourage additional preapplication conferences, the development of permit-processing schedules with other agencies, schedules with other agencies, concurrent processing of applications, and the use of the development approval as a substitute for permit-data requirements or plans when appropriate. (e) The developer must submit copies of the application for development approval to all state or regional agencies which are to participate in this coordinated review process. (9) RECEIPT BY REGIONAL PLANNING AGENCY OF APPLICATION FOR DEVELOPMENT APPROVAL; DETERMINATION OF SUFFICIENCY.-- (a) When an application for development approval is filed with a local government, the developer shall also send copies of the application to the appropriate regional planning agency and the state land planning agency. (b) If a regional planning agency determines that the application for development approval is insufficient for the agency to discharge its responsibilities under subsection (11), it shall provided in writing to the appropriate local government and the applicant a statement of any additional information desired within 30 days of the receipt of the application by the regional planning agency. The applicant may supply the information requested by the regional planning agency and shall communicate its intention to do so in writing to the appropriate local government and the regional planning agency within 5 working days of the receipt of the statement requesting such information, or the applicant shall notify the appropriate local government and the regional planning agency in writing that the requested information will not be supplied. Within 30 days after receipt of such additional information, the regional planning agency shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by, or directly related to, such additional information. If an applicant does not provide the information requested by a regional planning agency within 120 days of ite request, or within a time agreed upon by the applicant and the regional planning agency, the application shall be considered withdrawn. (c) The regional planning agency shall notify the local government that a public hearing date may be set when the regional planning agency determines that the application is sufficient or when it receives notification from the developer that the additional requested information will not be supplied, as provided for in paragraph (b). (10) NOTICE AND HEARING ON APPLICATION ON PROPOSED DEVELOPMENT.-- Upon receipt of the sufficiency notification from the regional planning agency required in paragraph (9)(c), the appropriate local government shall give notice and hold a public hearing on the application in the same manner as for a rezoning as provided under the appropriate special or local law or ordinance, except that such hearing proceedings shall be recorded by tape or a certified court reporter and made available for transcription at the expense of any interested party. When a development of regional impact is proposed within the jurisdiction of more than one local governments, at the request of the developer, may hold a joint public hearing. The local government shall comply with the following additional requirements:(a) The notice of public hearing shall state that the proposed development would be a development of regional impact. (b) The notice shall be published at least 60 days in advance of the hearing and shall specify where the information and reports on the development of regional impact application may be reviewed. (c) The notice shall be given to the state land planning agency, to the applicable regional planning agency, to any state or regional permitting agency participating in a coordinated review process under subsection (8), and to such other persons as may have been designated by the state land planning agency as entitled to receive such notices. (d) A public hearing date shall be set by the appropriate local government at the next scheduled meeting. (11) REPORT AND RECOMMENDATIONS BY REGIONAL PLANNING AGENCY.-- Within 50 days after receipt of the notice of pubic hearing required bin paragraph (10)(c), the regional planning agency, if one has been designated for the area including the local government, shall prepare and submit to the local government a report and recommendations on the regional impact of the proposed development. In preparing its report and recommendations, the regional planning agency shall identify regional issues based upon the following review criteria and make recommendations to the government on these regional issues, specifically considering whether, and the extent to which: 1. The development will have a favorable or unfavorable impact on the environment and natural resources of the region. 2. The development will have a favorable or unfavorable impact on the economy of the region. 3. The development will efficiently use or unduly burden water, sewer, solid waste disposal, or other necessary public facilities. 4. The development will efficiently use or unduly burden public transportation facilities. 5. The development will favorably or adversely affect the ability of people to find adequate housing reasonably accessible to their places of employment. 6. The develpoment complies with such other criteria for determing regional impact as the regional planning agency deems appropriate, including, but not limited to, the extent to which the development would create an additional demand for, or additional use of, energy, provided such criteria and related policies have been adopted by the regional planning agency pursuant to s. 120.54. Regional planning agencies may also review and comment upon issues which affect only the local governmental entity with jurisdiction pursuant to this section; however, such issues shall not be grounds for, or be included as, issues in a regional planning agency approval of a development order under s. 380.07. (b) At the request of the regional planning agency, other appropriate agencies shall review the proposed development and shall prepare reports and recommendations on issues that are clearly within the jurisdiction of those agencies. Such agency reports shall become part of the regional planning agency report; however, the regional planning agency may attach dissenting views. When water management district and Department of Environmental Regulation permits have been issued the regional planning council may comment on the regional implications of the permits, but may not offer conflicting recommendations. (c) The regional planning agency shall afford the developer or any substantially affected party reasonable opportunity to present evidence to the regional planning agency head relating to the proposed regional agency report and recommendations. (12) APPROVAL BY LOCAL GOVERNMENT OF DEVELOPMENT IN AN AREA OF CRITICAL STATE CONCERN.-- If the development is in an area of critical state concern, the local government shall approve it only if it complies with the land development regulations therefor under s. 380.05. (13) CRITERIA FOR APPROVAL OF DEVELOPMENT NOT IN AREA OF CRITICAL STATE CONCERN.-- If the development is not located in an area of critical state concern, in considering whether the development shall be approved, denied or approved subject to conditions, restrictions, or limitations, the local government shall consider wheter, and the extent to which: (a) The devlopment unreasonably interferes with the achievement of the objectives of an adopted state land development plan applicable to the area; (b) The development is consistent with the local land development regulations; and (c) The development is consistent with the report and recommendations of the regional planning agency submitted pursuant to subsection (11). (14) DECISION AND ISSUANCE OF DEVELOPMENT ORDER BY LOCAL GOVERNMENT.-- (a) The appropriate local government shall render a decision on the application within 30 days after the hearing unless an extension is requested by the developer. (b) When possible, local governments shall issue development orders concurrently with any other local permits or development approvals that may be appicable to the proposed development. (c) The development order shall include findings of fact and conclusions of law consistent with subsections (12) and (13). The development order: 1. Shall specify the monitoring procedures and the local official responsible for assuring compliance by the development with the developmental order. 2. May establish expiration dates for the development order, including a deadline for commencing physical development, for compliance with conditions of approval or phasing requirements, and for the termination of the order. 3. Shall specify the requirements for the annual report designated under sub- section (16), including the date of submission, parties to whom the report is submitted, and contents of the report, based upon the rules adopted by the state land planning agency. Such rules shall specify the scope of any additional local requirements that may be necessary for the report. 4. May specify the types of changes to the development which will require submission for a substantial deviation determination under paragraph (17)(a). 5. Shall include a legal description of the property. (d) Notice of the adoption of a development order or the subsequent modification of an adopted development order shall br recorded by the developer in accordance with s. 28.222, with the clerk of circuit court for each county in which the development is located. The notice shall included a legal description of the property covered by the order and shall state which unit of local government adopted the development order, the date of adoption, the date of adoption of any modifications to the development order, the location where the adopted order with any modifications may be examined, and that the development order constitutes a land development regulation applicable to the property. The recording of this notice shall not constitute a lien, cloud, or encumbrance on real property, nor actual nor constrictive notice of any such lien, cloud, or encumbrance. This paragraph only applies to developments intially approved under this section after July 1, 1980. (e) If the property is annexed by another local jurisdiction, the annexing jurisdiction shall adopt a new development order that incorporates all previous rights and obligations specified in the prior development order. (15) ENFORCEMENT OF DEVELOPMENT ORDER BY LOCAL GOVERNMENT. -- The local government issuing the development order is primarily responsible for monitoring the development and enforcing the provisions in the development order. Local governments shall provided any permits or approvals or provide any extensions of services if the 651-652 FLO 1984 SUPPLEMENT TO 1983 s.360.06 SUPPLEMENT TO FLORIDA (d) a comprehensive development-qof-regional-impact fit qtqh A decrease in the fqW to developer fails to act in substatial compliance with avolleation. ad for qAs-: (qZ opment. q(bq) if a proposed develo ment is' plarqm the development order. devel- .7. L change required by permit. conditions or re- velopment over an ezqwnd6q3 period of time, the, do- PLA I I t of Eavlron- (16) REPORTS BY DEVELOPER- The developer shall submit annual an report on the develop- Quiqfqtmeots iqposed by the DePartmOn a application for master develop- NIN per shall submit an )eparqfinent. of Naturall. R_ vdopu my (no a to the local government to mental Regulatiqm thilql asted by qment approval of the Project and agree to Present (a) pment district cri rules planning agency. the state land planning sourcqm Or any water subsequent Increments of the Ment for pro- I egi n the date L 37(169 of their Successor Mendq- or by SAY men 'agency, and all ected permit'ageUciqm 0 iito.".1 ragialatorqy agency. construction review'. This agreement he entqired a ap TOP' into by the developer the iegional agency. pecirted in the development OrGet- If the annual -- qr ) Unless. the presumption set forth In para- Part is'not received. the regional Pi1n 0q0 at pb (b) me rabi xinvincing evi- and the appropriate qfocai g t the state landing agency Shall no 0 local Litqted by clear and c a development 0q"on.'The provisions of su ection (Sq) to not apply ter I 'a offered by the .q-qM party. th ;overnment does not recti to this subsection, tent. 'ov en8q0f the Iw hall not be subject to further develoment-of- receives notification that the fe- or to adoptionof the master plan d do" he annual repqortor land egiond.impact review pursuant to this section. The I. Pli evelop- age r the State planning prigte local government Shall afford a reason- ment order, the developer. the landowner. the appro- (8qb gl as nontgrecei6q the rt. tqhe local govern- V priate ency eloper or other substantial- regional plan and the local govern- list meet Shall req -eloper sub ev 'g2q! cy in q7 tthe do -- . a( .Pg. uest irriting t6qc 6qSqE )pportunity for a d don the draft of the men The failure to submit ly afflqted Party to Present evidence to support or to meat having I i6mit the report withic 30 d tiont. development orqr to ensure that anticipated region- mon kqys result in the ch and that us" the report after 30 do bqy th.P010q bquqttlau) 0qrREq'SSqERVATION OF SPECIFIED al impacts have heva adequately addressed Suspension of the develoPmen10rdei 'OtqWqM in q" Me. information qnq ements for subsequent RIG0qM OF DEVEqMP4qM-2- t incremen- land qFovernment. 'ELOPMENT ion shall Emit or modify the rights of any PDqUOU to tal application review are clearly defined. The devel- qS (17) , MODIFICATION OqFDE t that bat been a2qUliorized MAq qnhquqr -DETERNI -complete any developmen 0nt a I ppiqketion shall specify ORDEqA; [INATIOqN'BY LOCAL GOV gistration of a subdidsion Pursuant to Chapter information must be submitted with an in- ERN),fENT OF SUBSTANTIAL DEVIATION.- by re -it Pt0Pq-2phanges to 478, by recordation punt to local Subdivision plat cremental app and shall Identify those issues sulqm Is). A developer $bell sub aw cc by a building permit or Other authorization to Which can t in the denialf an Incromental ap- rang regional impact pre development of viously BP- proved Pursuant to this Section to the local govern- commence development on which thus bas beiqm reli- plication. (c n. The ance and changqi Of position. and which registration 2. I'hereview of subsequent incremental q.PU,,- qrquql root for a substantial deviation deterininatio sed changes or recordation was accomplished. or which permit or Jon SPecificqaY hoqu t1ocia government shq" qmiq- the Propo tions shall be limited to that informal horization was issued. prior to the effective date ne issues specificall mised'by the qtqiqoqr pursuant to the criteris enurnerated in this subsec- nut B required and the nt 0 y i and shall make a Substantial deviation detection of qth rules issued by the Administration Commils- master developme rder. unless substantial the D local government State at the conclusion. sion qOunitant to subsection (2). qU a developer he changes in the conditions underlying the approval of qtqevi 2pppdri. This . . ON on prior rep- rievew Order to his actionsi an relis of local modify the dev aed or other legal tqhqghts that in law would have the master plan development order we denqkmitrated qtqiqoqt fi8qk approved changes to the development and shall Vel ted. local nt from c those orthe master development order is shown to have qed hanging e'regi -van 9 governme bjeo'bqiqeged on Ub$t$DtqWly inaccurate Information` notilqy th' onal planning agency and the state pre lannin :y.of the chq-6qri to the.develop- iegulations in aadverse to his interesqiqa. nothinit q(cq) Tbe state land P . 89 by land qcy L g 2qTnthe findings So ject to the appeal in th is 0qX.Hq. is chapter any government$' agency meotpordgr wich to imp ent this sub- qcqPqAqp as a. 380.07 If the proposed changes an to a,thow rights. establish uniformn p ation, the delopment (qS4qMq).o. the of determining the Vesting of section. - the ubstantini devist 2p1)APPLICATION BY DOWNTOWN DE to this ts under th6qE0ql2qLn. approviu pursuant to low shall be. subject to further ursuant let late ordinances. or regulations of VELOPqMENT AUTHORITY- Section. Nothing in this section the right bill 8qeql the local government or of the State land planning a .,:a 8qM8qion PC by ;I vote of a county or mu. (a) A downtown development authority may sun. Ing and to injunctive relief under s 380.11. As In nicipal governmental body having jurisdiction after mit a development-oqf-regional-impact application for is geqn ion, the term substantial deviation means August 1. 1967, and prior to July, 1. 1973. is sufficient development a eval pursuant to subsection (6). pa The area 0qCpdr i. any change to the Previously approved development to vest.611 riqglats for the purposes of this descri n the ap, licattion may consist of of qiegional impact which creates a reasonable likeli- subsection; no 6qUon In reliance on. or change of any or all of theland over w2qCh . downtown d.,,.I- fqe, hood of additional adverse regional impact or any position concerning'BUCh JOqW governmental approv- authority has the power described in a. sec other regional in it created by the change not pre- al ired for vesting to take place. 380.031(5q). For the Purposes of this subsection, a viously reviewed gray the regional planning agency. (bq)0qM, r the purpose of this act. the conveyance of, downtown development authority shall be considered (6) In determining whether is development of to- or the agreement to convey. Property to the county. the developer whether or not the development will be qscqh gional impact previously approved pursuant to state, or local government as a prerequisite to zoning undertaken by the downtown development authority. section is subject to further review pursuant to this change approval shall be construed as aqn act of reli- (b) In addition to information required by the dew qPe section, the local government shall consider the fol- ance to vest rights as determined under this subsec- velopment-of-regional-impact application. the a pli- lowing changes which shall be presumed not to be tion, provided such zoning change is actually granted cation for development approval submittod qEy a by substantial deviations requiring further review. .byh emment. downtown development authority shall specify the An increase in the number of dwelling units of lu' 6qMBLICATION OF NOTICES OF I . (19) APPLI- total amount of development planned for each land TqI not more than 5 percent or 200 dwelling units, which- CATIONS FOR DEVELOPMENTS OF REGION- use category. In addition to the requirements of sub. cil ever is less. AL IMPACT.-The State lend planning agency shall section (14), the development order shall specify the 2. A decrease in the number of dwelling units pnit t biweekly, and mail to any person upon payment amount of development approved within each land A which does not require a major redistribution of den- of a reasonable charge to cover costs of preparation use category. Development undertaken in conform. (a sity. and mailing, a list of all notices of applications for de. once with a development order issued under this sec- r 3. A decrease in, the area set aside for common velopments of regional impact that have been filed tion does not require further review. fqo open space of not more than 5 percent or 50 acres with the state land pi . ency (c) It a development is proposed within the area in whichever is less. (20) ann16q7 q;qF APPLICATION q611 qOMPREHEN- of a downtown development plan approved pursuant qw 4. An increase in the area set aside for common SIVE DEVELOPMENT OF REGIONAL IMPACT to this section which would result in development in qo IAND FOR MASTER DEVELOPNI qp open space. ENT APPROV. excess of the amount specified in the development fo 5 An increase in the floor area proposed for non- AL- order for that type of activity, the local government di shall make a substantial deviation date residential use of not more than 5 percent or 10,000 (a) 0 If a development project includes two or more rmination in qor square feet whichever is less. devel pments of regional impact. a developer may regard to that proposal, pursuant to subsection (17). u 653 54 s.380.06 380.65 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.380.06 1984 SUPPLEMENT TO FLORIDA view, unless such review is otherwise provided for in joint public hearing. Such joint hearing shall address, 13), a, development order approving, or approving the development order. at is minimum, the need tdresolve conflicting ordi- (a) As used in this subsection, the term: noncist or-00 lams,'f The local gov- with conditions. a proposed areawide development mprimenove p 1 Any. plan shall J if, the proved land uses and the 1. "Areawide development plan" means a plan of ernment which holds the joint bearbogahall eqmply. Amount of 4qCqel=Papproved'for each land use development that encompasses a defined planning with the following additional requirement&- category in the defined plonnin area. The develop- area that will include at least two or more develop- a. The notice of the hearing shall be published at qment order shall Incorporate by reference the apq- ments. least 60 days in advance of the hearing and shall proved arsawide d ,evelopment plan. The local govern- any person or association of ify where the petition may be reviewed. 2. "Developer" means sped arin hall be 'v n to the persons, including a governmental agency as defined b. The notice of the he ment shall not approve an areawide development in a. 380.031(6). that petitions for authorization to state land planning lency. to 2q&: applica le regional plan that is inconsistent with the local comprehen- file an application for development approval for an' qElatming agency, 2qV to any other paten who may Siva plain. areawide development plan. Ave been designated bqy qjhe state planning (it) Any owner of property within the defined ency as entitled to receive such notices.: planning area may withdraw his consent to the area- (b) The state land planning agency establish All wide development plan at any time prior to local g9vq- by rule procedures and criteria for a developer to pa- c. A public he&&& date shall be set by the appro- tition for authorization to submit a proposed area- priate local government at, the next scheduled meet. ernment 0q=roval, with or without conditions. of the wide development plan for a defined planning area. Ing. petition; the plan and the exemption from qdevel- iublic he6q"qj, qthe local govern- opment-of-regional-iqmpact review of individual pro' At a minimum, the rules shall provide for e) Following the qp I to 1. The submission of a petition to the local gov- ment shall issue a written. order. appealable undei A@ ects under this section shall not thereafter app y ernment. the regional planning, agency, and the state 380.07. which approves. a proves with conditioxq*- or the owner's property. After the areawide develop- land planning agency. Such petition shall include denies the petition. The local government shaill ap@ ment plah is approved. a landowner may withdraw proof that timely, actual notice has been provided by prove the petitioner as the developer if the-local gov- his consent only with the approval of the local govq- the petitioner to every person own . land within the ernment rinds that the petitioner-and defined plan- ernment. proqr et qlqg. This notice ning area meet the standards and criteria, consistent (1) After a development order approving an area- sha a reawide developoment in addition to other notice of public hearings with applicable law, established by, the state: kind wide development plan is received, the developer as required by this act. plarqmin .. ancy. shall submit any0qmposed changes to the local gov- 2q& g r or point. pu aqmm -submit any order 2. The provision of a public beam b (f) a local gov qeqnt sqhqaill ernment for a in teation of the development order ph it and a substantial deviation determination pursuant lic hearing if required by paragraph with appro- which approves the petition, or Approves the petition priate notice, before the affected local government. with conditions. to me petitioner. -to all ownertiof to subsection (17). A proposed change in the type of 3. The provision of criteria for evaluating a peti- ined, planning am&, to the. re- land use or an fitcressaitk the amount oftleteloqpment property within the q&f ti i i t limiikdt I - % , on; c mgi b 0' lentil' icy@'and'qib thqi tbite laad'pli4qk shall be presumed to create a substantial deviation. U 00 gutionng agpency. I 6qZ6q=30 days, after the order becomes lftstwyq@ 6. & 72-317; & 2. ck 744A & 5. & 73-1157; & 1. cL.79-qfqt a WKI-M the developer is financially capable of processing the application for development approval effective. through to firal approval pursuant to this section. (g) The petitioner. an owner. of property within (b). Whether the defined planning area and antici@ the defined planning area.'theappropriate regional pated development in the defined planning area ap- planning agency by,irote1pa, regularly scheduled 380.08 Protection of landowners rights. pear to be of such a character, magnitude, and loca- meeting, or the state land planning agency may ap- (1) Nothing in this chapter authorizes any gl_ tion that a proposed are a wide development plan will peal the decision of the local government to the Flori- ernmental agency to adopt a rule or regulation or 111q- be in the public interest. The rules shall specify that do Land and Water Adjudiqiiitory CommisShal by ril- sue any order that is unduly restrictive or conatituteqs any public interest determination under this criteri- a notice of appeal with the commission. T haeqlro- a taking of property without the payment - - -- on is preliminary and not binding on the state land 0qZures established in a. 380.07 shall, be followe for pensation, in violation of the constitutions of this planning agency, regional planning agency, or local such aqn appeal. state or. of the United States. government. (h) After the time for appeal of the decision has (2) If any governmental agency authorized to 4. The provision of standard forms for fit, as )proved developer m8qyv submit an plics- adopt a rule or regulation at issue say order under 1)to run, ana and applications for development ap al for use tion for qlevelopment approv, tor a 8q= area- this chapter determines that to achieve the purpoq@eqs under this subsection. wide development plan for land within the defined of this chapter, it is in the public interest to acquire (c) Any person may submit a petition to a local planning area. pursuantto subsection (6). The under- the fee simple or lesser interest in any parcel of land. government having jurisdiction over an area to be de- taking of development in conformance with an area- such agency shall so certify to the state land planning veloped. which petition requests the local govern- wide development order issucd under this section agency, the Board of Trustees of the Internal Im- ment to approve such person as a developer, whether does not requite further devtlopment-of-regional- provement Trust Fund, and other appropriate gov- or not any or all development will be undertaken by impact review. ernmental agencies. Prior to such agency's acquiring such person. and to approve the area as appropriate (i) In reviewing an applicationfot a propoaed.qu- such land. the seller of the land shall file a statement for an areawide development of regional i ct eawide development plan, the regional planning with the Department of State discl0qqing, for at least (till. The local government shall sche2q=eaa -pub- agency shall evaluate, and the local government "I the last 5 years prior to the conveyance of title to the lic hearing within 60 days after receipt of the peti- consider, the following criteria. in addition to any state, all financial transactions concerning the land, tion. The public hearing shall be advertised at least other criteria set forth in this section: all parties having a financial interest in any transac- 30 days prior to the hearing. At least 30 days prior to L Whether the developer has demonstrated its tion, and the amount of the tan asseasment, on the the public hearing, the local government shall specifi- legal, financial, and administrative ability to perform 'land for each year. cally notify in writing the regional planning agency any commitments it has made in the applicatiq@n for (3) If any governmental Agency denies a develop- and the state land planning agency of the hearing. At - a. proposed areawide development plan. mint 8qmmit under this chapter, it shall specify its the public hearing. all interested parties may testify 2. Whether the developer has demonstrated that. reasons in writing and indicate any changes in the de- and submit evidence regarding the petitioner's quail- all property owners within the.defined qOlanning area velopment proposal that would make it eligible to re- fications; the need for, and benefits of, an areawide consent, or do not object to, the proposed areawide ceive the permit. development of regional impact; and other issues rel- development plan. HWqM@& 8. ck 72-317: L % Ch. 7641; & is. CL U-qM evant to a full consideration of the petition. . Whether the area and the anticipated develop. .2. If more than one local government has jurisdic- ment are consistent with the applicable local, region- PART 11 it th defined planning area in an areawide al, and state comprehensive plans. i I on 6q$qnq!plim. the local governments shall hold a In addition to the rqcquiremq@qnts of. subs deveqlq' -tie. COASTAL PLANNING AND MANAGEMENT 6@5 656 s. 383.335 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.393.001 which restrict the provision of surgical services and disabilities. In addition, the council shall be the state .1 outlet forceps delivery and the administration of an- developmental disabilities planni cound required esthesia at birth centers. The department shall adopt by 42 U.S.C. & 6067, as amended, q:q1 he Dewlap-.- rules specifically related to the performance of such tally Disabled Assistance and Bill of Rights Act. services and the administration of anesthesia at such (3) The duties of the council are. facilities. (a) To advocate in behalf of persons with devel- (2) Any facility which, as of June 15, 1984 had an opment disabilities. agreement with a consultant who is licensed (b) To advise the executive and legislative chapter 458 or chapter 459 but who is an pursuant branches of state government and th private Isector Otpractic- I ing obstetrics, in exempt from the provisions of this on programs. policies, and proposed legislation Per- act which define, the term "consultant" to current and potentiai services to "us History- 4,27 ch.84-263 Note- Expires October 1 1984 pursuant to a 27 ch 84-283 and is =witqYevelopmental disabilities and their families. scheduled for rievew pursuant to a 1161 to advance of that date. 6 hW (c) To review and comment on proposed state legislation. rules, operating policies, and plans relat- ing to services and pro0qpiqlms for persons with devel- mental disabilities, including, but not limited to, r go development of such proposals by all depart- CHAPTER 388 ments and agencies of state government. (d) To assess6 review, and monitor the services MOSQUITO CONTROL and programs beinqj ided for persons who are do- velopmentally distant with 42 U.S.C. L 388.411 Public lands. arthropod control. 6000, as amended. Client records will be made avail- able for the implementation of this paragraph only 388.411 Publie lands. arthropod control. with the permission of the client or pursuant to ap- -[Repealed by a. 47, ch. 841 plicable state law. (a) To develop, prepare, and to review annually and revise as necessary in comistation with the do- partments and agencies of state government, a state plan prescriffil a program which meets the needs of, CHAPTER 393 persons with developmental disabilities and to sub- wit such plan and all revisions to the plan to the DEVELOPMENTAL DISABILITIES Governor's office, the President of the Senate. and the Speaker of the House of Representatives for re- 393.001 Florida Developmental Disabilities Plan. view and recommendations. Such state plan shall ning Council. meet the requirements of, and shall be the state plan 393.066 Community services and treatment for the submitted under, 42 U.S.C. a. 6063, as amended. dis- *1 shall be composed of 27 members retarded and other developmentally (4) The cound abled. to be appointed by the Governor, who shall make ap- propruite provision for the rotation of membership 393.001 Florida Developmental Disabilities q@n the couricil. The council at all times &qW include Planning Council- in its membership representatives of the principal (1) For the pur a of this section, the term *de- state agencies, higher education training facilities, lo- velopmental disab8qEtqy, means a severe, chronic dis- cal agencies, and nongovernmental agencies and ability of a person which is attributable to a mental groups concerned with services to persons with devel- Or physical impairment. or a combination of mental opmental disabilities. or physical impairments, and which: (a) At least one-half of the membership of the (a) Is manifested before age 22; council shall consist of persons who are: (b) Is likely to continue indefinitely: 1. Persons with developmental disabilities or par- (c) Results in substantial functional limitations ents or guardians of such persons; or in three or more of the following areas of major life 2. Immediate relatives or guardians of persons activity: self-care recetind expressive language, with mentally impairing developmental disabilities. learning, mobility, self divirecatlion, capacity for incle- (b) Of the members of the council described in Pendent living, and economic self-sufficiency; qSaragraph (a), at least one-third shall be individuals (d) Reflects the need for a combination and se- ecribed in subparagraph (a)2.; and at least one of quence of special, interdisciplinary. or generic care, such individuals shall be an immediate relative or treatment, or other services which are of lifelong or guardian of an institutionalized person with a devel- xt extened duration; or opmental disability. Places him at risk of becoming deveopment (c) The Governor may remove any member of the tally disabled, if he is a child, or requires services an council from office for cause. treatment similar to those required by those persons (5)(s) All members of the council are voting who meet the criteria defined above. members. A majority of the members of the council ,2) There is created the Florida Developmental constitutes a quorum. Diiabilities Planning Council. herein referred to as (b) The members shall annually elect one mem- the "council," which shall be an interdepartmental ber to s6rve as chairman and one member to serve as and interagency advisory body, with respect to the vice-chairman of the council. The council shall meet Deartment State and agencies of the state, for programs at least four times yearly. and services affecting persons with developmental (c) Members of the council shall serve without 673 0 s. 403.021 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 403.021 CHAPTER 403 trol for the securing and maintenance a( appropriate levels of air and water quality. ENVIRONMENTAL CONTROL (5) It is hereby declared that the prevention, abatement, and control of the pollution of the air and PART I POLLUTION CONTROL waters of this state are affected with a public inter- est, and the provisions of this act we enacted in the PART IV RESOURCE RECOVERY exercise of the police powers of this state for the pur- AND MANAGEMENT so of protecting the health, peace, safety, and gen- q:8qL1 welfare of the people of this state. PART V ENVIRONMENTAL REGULATION (6) The Legislature finds and decle that con. trol. regulation. and abatement of the activities PART VI DRINKING WATER which are catismq; or may cause ollution of the air of PART Vill PERMITTING OF ACTIVITIES water resources in the state an6q1qwhicb are or may be detrimental to human. animal, aquatic, or plant life, IN WETLANDS or to property, or unreasonably interfere with the comfortable enjoyment of life or property be in- PART I creased to ensure conservation of natural resources; to ensure a continued safe environment; to ensure POLLUTION CONTROL purity of air and water, to ensure domestic water sup. plies; to ensure protection and preservation of the 403.021 Legislative declaration; public policy. 6qublic health, safety. welfare, and economic well- 403.031 of to ensure an- provide for recreational and 403.061 Department; powers and duties. 6q=d q461 needs as the population increases and the 403.087 Permits; general instiance; denial; revoca- economy expands-, and to ensure a continuing growth tion; prohibition; penalty. of the economy and industrial devell ent. 403.0876 Permits; processing. (7) The IA2q&Iature further fin2qranqd declares 403.091 Inspections. that: 40.1659 Florida Groundwater Protection Task (a) Compliance with this law will require capital Force. outlays of hundreds of millions of dollars for the in- =Uipm 403.1826 Grants. requirements for bility. stallation of machi . out, and facilities for 403.1838 Small Community Sewer construction the treatment of indus wastes which we not pro- Assistance Act. ductive assets and increased operating expenses to 403.265 Peat mmi1wpe tting owners without any financial return and should be rnu separately classified (or assessment purposes. 403.021 Legilative declaration; public poll- (b) Industry should be encouraged to install new machinery, tupment, and facilities as techl 618qWIa, Iqmettails, advlaricta; t4q6qhqSy'8qaqpqi8qXinqg this ekinromne piqkqitq@tioio@ 2q4, thq@ 'qijqi of state Constitutes a menace to public health and wal- the quality of the air and waters of the state and ben- fare. creates public nuisimces; is harinful to wildlife riti the citizens of the state without 6qU and fish and other aquatic life; and impairs domestic. 6q=6q2t to the q. of industries; and tqb6qsLegis1q'&- agricultural, industrial, recreational, and other bens- ture should prescribe methods whereby just valua- ficial uses of air and water. tion may be secured to such owners and exemptions (2) It is declared to be the public policy of this from certain excise taxes should be offered with re- state to conserve the waters of the state and to pro- spect to such installations. tact@ main-in, and improve the quality thereof for (c) Facilities as herein dermed should be c4ssi- public water supplies. for the propagation of wildlife fied separately from other real and personal property &qW fish and other aquatic life, and for domestic, ag- of any manufacturing or processing plant or installs- ricultural, industrial, recreatio tion. as such facilities contribute only to general wel- nel, and oq;her benerl- fare and health and an assets producing no profit re- cial uses and to provide that no wastes qW diahe"Ted turn to owners. into any waters of the state without first being given (d) In existing manufacturing or processing the degree of treatment necessary to protect the Dan- plants it is more difficult to obtain satisfactory re- eficiall Luse of such water. suits in treating industrial wastes than in ne plants (3) It is declared to be the public policy of being now planned or constructed and that8qw t with re- state and the purpose of this act to achieve and main- spect to existing plants in many instances it will be tain such levels of air quality as will protect human nec to demolish and remove substantial par- to health and safety and, to the greatest degree practi- thereof and replace the same with new and cable. prevent injury to plant and animal life and more modern equipment in order to more effectively property. faster the comfort and convenience of the treat eliminate, or reduce the objectionable charac- people, promote the economic and social develop- te is ticks of any industrial wastes and that such re- ment of this state, and facilitate the enjoyment of the placements should be classified and assessed differ- natural attractions of this state. ently from replacements made in the ordinary course (4) It is declared that local and regional air and of business. water pollution control programs are to be supported (8) The Legislature further finds and declares to the extent practicable as essential instruments to that the public health, welfare. and safety may be af- provide for a coordinated statewide program of air fected by disease-carrying vectors and pests. The de- and water pollution prevention. abatement, and con- partment shall assist all governmental units charged 715 40.1a021 lj84SUPI'l.EMENTTOFI,ORIDASTATUTES1993.. 8-403,031 a. 403.031 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 111@ @03031 t)rcatisetobept(we.,:iej&L)-materiab.!heprocessing mre. in reviewing applications for permits, the de- 'of which can, or may. ca.,:j,& air at water pollution. cast one-half and the west one'half of sections 9, 4. net of the southwest one-quarter of section 17; thence partment shall consider the total well-being of the (7) -Pollution' is the presence in the outdoor at- 33, and 28; thence run easterly along the north line of run easterly to the northeast comer of the southwest public and shall not consider solely the ambient pol- mosphere or waters of thq &tat@ of any substances. section 28 to the northeast cornet of section 28; one-quarter of section 27; thence run northerly along lution standards when exerclsin its powers, it there contaminants. nois4. or - -made or mAn-induced al- thence run northerly along the west line of section 22 the west line of the northeast one-quarter of section mov be danger of a public he 11 hazard. teration of the chemicaL physical, biological, or ra- to the northwest corner of section 22, thence easterly 27 to a point intersecting the north line of section 27; alqng the north line of section 22 to a point at the in- thence run west along the north line of section 27 to (9)(a) The Legislature rinds and declares that it dialogical integrity of air Or water in quantities at at is essential to preserve and maintain authorized we- levels which are or may bt potentially harmful or in- tersection of the east one-half and west one-half of the northwest comer of section 27; thence run-north ter depth in the existing navigation channels 0 human health cc welfare. animal Or Plant section 15; thenceruss northerly alomp said line to the alonjf the west lines of sections 22 and 15 to the I P h harbors, turning basins, and harbor berths of thlist 111frel0oursprooperty or which iaiaressonably interfere wit point of intersection with the north line of section 15; northwest comer of section 15; thence run easterly state in order to provide for the continued safe navi- the enjoyment of life or property, including outdoor thence easterly along the north line of section 16 to along the north lines of sections 15 and 14 to the gation of deepwater shipping commerce. The depart- recreation. the northeast corner of section 15; thence run north- point of intersection with the L-31N Levee, said in- iment shall recognize that maintenance of authorized (8) 'Sevwerage system- means pipelines or can- erly along the west lines of sections 11 and 2 to the tersection located near the southeast comer of rec- northwest corner of section 2; thence run easterly tion II, township 54 south, range 38 east; thence run channel depths is an ongoinf, continuous, beneficial, cluits, pumping stations, and force maws and all oth- along the north lines of sections 2 and I to the north- northerly along Levee L-31N crossing SRD 90 (U.S. and necessary activity; anc t shall develop a regulls- er structures, devices, appurtenances, and facilities tory process which shall enable the pods or this state used for collecting or conducting wastes to an ulti- cast corner of section 1, township 56 south, range 37 41 Tamiami Trail) to an intersection common to Lev- to conduct such activities in an environmentally mate point for treatment at disposal. east; thence run north along the east line of section ees L-31N. L-29, and L-30, said intersection located sound, expeditious, and efficient manner. (9) 'Source' is any and all points of origin of the 36, township 55 south. range 37 east to the northeast new the southeast comer of section 2, township 54 comer of section 36; thence run west along the north south, range 38 east; thence run northeasterly, north- (b) The provisions of paragraph (a) apply item defined in subsection i I). whether privately or Olt to publicly owned or operated. the port waters, spoil disposal sites, port line of section 36 to the northwest corn _r of section erly, and northeasterly along Levee: L-30 to a point of (10) 'Treatment works' and 'disposal systems' 36; thence run north along the west line of section 25 intersection with the Dade/Broward Levee. said in- navigation channels, turning basins, and harbor 0 to the northwest corner of section 25; thence nin west tersection located near the northeast corner of see- berths used for cleepwater commercial navigation in mean any plant or ther wcrks used for the purpose the ports of Jacksonville, Tampa, Port Everglades. of treating, stabilizing, or F.Ading wastes. along the north line of section 26 to the northwest tion 17, township 52 south, range 39 east; thence run Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port (11) 'Wastes' means sewage, industrial wastes, corner of section 26, thence run north along the west due east to a point of intersection with SRD 27 Manatee, Port St. Joe. Panama City, St. Petersburg. and all other liquid, gese-ous, solid. radioactive. or line of section 23 to the northwest corner of section (Krome Ave.); thence run northeasterly along SRD and Pensacola. other substances which insy pollute or tend to pol- 23; thence run easterly along the north tine of section 27 to an intersection with SRD 25 (U. S. 27), said in- (10) Itisthepolicyofthestatetoensurethalthe lute any waters of the sta'e.' 23 to the northeast comer of section 23; thence m32 tersection located in section 3. township 52 south. existing and potential drinking water resources of the (12) 'Waters' include. but are not limited to. riv- north along the west line of section 13 to the north- range 39 cast; thence run northerly along said SRD state remain free from harmful quantities of contant. ers, lakes, streams. lipringi. impoundments. and all west comer of section 13; thence run east along the 25, entering into Broward County, to an intersection inants. The department, as the state water quality other waters or bodies of water. including fresh, north line of section 13 to a point of intersection with with SRD 84 at An4ytown; thence run southeasterly protection agency, shall compile, correlate, and dis- brackish, saline, ficial, surface, or underground wa. the west line of the southeast on"uarter of section along the aforementioned SRD 84 to an intersection serninate available information on any contaminant ters. Waters owned entirely by one person other than 12; thence run north along the west line of the south- with the southwesterly prolongation of Levee L-3 A. which endangers or may endanger existing or Paten- the state are included cml@ in regard to possible dis- east one-quarter of section 12 to the northwest corner said intersection being located in the northeast Oa,.. Co tiall drinking water resources. It shall also coordinate charge on other property ;r water. Underground We. of the southeast one-quatter of section 12; thence run uarte of sects n 5, township 50 south, range 40 east; t r its regulatory program with the regulatory programs ters include. but are not limited to. all underground east along the north line of the southeast one-quarter therim run northeasterly along Levee L-35A to an in waters passing throu of section 12 to the point of intersection with the east tersection of Levee L-36. said intersection located f the gh pores of rock or soils or flow- of other agencies to assure adequate protection 0 line of section 12; thence run east along the south line near the southeast corner of section 12, township 49 drinking water resources of the state. , through in chanrieb, whether marimade or natu- LI Solely for purposes of this chapter. waters of the Hi. t.,Y. I 'L C-434, , 1. & 73-911; - 1. 5, d. 11-2A . 4. Ck 61-71i; to of the northwest one-quarter of section 7 to the south. range 40 cut; thence run northerly along Lev- state also Include the area bounded by the fallowing: southeast comer of the northwest one-quarter of sec- ee L-36, entering into Palm Beach County. to an in- (a) Mmmence at the intersection of State Road tion 7; thence run north along the east line of the tersection common to said Levees L-36, L-39, and 1 403.031 Definitions.-In construing this chap- (SRD) 5 (U.S. 1) and the county line dhiding Dade northwest one-quarter of section 7 to the point of in- 40, said intersection located near the west quart, ter, or rules and regulations adopted pursuant hereto, and Monroe Counties, said point also being the mean tersection with the north line of section 7; thence run comer of section 19. township 47 south, range 41 es- the following words, phrases. or terms, unless the high-water line of Florida Say, located in section 4, northerly along the west line of the southeast One- thence run northeasterly, easterly, and northe@ Foritext otherwise indicates, have the following asears- township 60 south, range 39 east of the Tallahassee quarter of section 6 to the northwest corner of the along Levee L-40, said Levee L-40 being the easte- ings: Meridian for the point of beginning. From said point southeast one-quarter of section 6; thence run east boundary of the Losoahatchee National Wildlif@ Re f- (1) 'Contaminant' is any substance which is of beginning, thence run northwesterly along said along the north lines of the southeast one-quarter of uge, to an intersection with SRD 80 (U.S. 441 1. %aid harmful to plant, ani &I, Or human life. SRD 5 to an intersection with the north line of sec- section 6 and the southwest on"uarter of section 5 intersection located near the southeast corner of sec- m ast; thence run to the northeast corner of the southwest one-quarter tion 32, township 43 south, range 40 east; thence run (2) 'Department' is the Department of Environ- tion 18, township 58 south, range 39 e mental Regulation. westerly to a point marking the southeast corner of of section 5; thence run northerly along the east line westerly along the aforementioned SRD 80 to a point (3) 'Effluent limitations' means any restriction section 12, township 58 -Luth, range 37 east, said of the northwest one-quarter of section 5 to the point marking the intersection of said road and th, nortts- established by the department on quantities, rates. or point also lyinf on the ea@t boundary of the Ever- of intersection with the north line of section 5; thence easterly prolongation of Levee L-7, said Le, ee L-7 run northerly along the line dividing the east one- being the westerly boundary of the Loxahatchee Nis- concentrations of chemical, physical, biological, or lade' Nationa Park; thence run north along the east other constituents which are discharged from sources boundary of the aforementioned Everglades National half and the west one-half of Lot 5 lo a point inter- tionall Wildlife Refuge; thence run southwesterly and into waters of the state. Park to a point marking the northeast corner of sec- secting the north line of Lot 5. theno5e run east along southerly along said Levee L-7 to an intersection (4) -Installation' is any structure, equipment, or tion 1, township Ss south. range 37 east; thence run the north line of Lot 5 to the northeast corner of Lot common to Levees L-7, L-15 (Hillsborough Canal). facility, or appurtenances thereto, or operation which west along said park to a point marking the north- 5, township 541/i south, range 38 east; thence run and LA thence run southwesterly along Levee L-6 to may emit air or water contaminants in quantities west corner of said section 1; thence run northerly north along the west line of section 33, township 54 an intersection common to Levee L-6, SRD 25 (U.5- prohibited by rules of the department. along said park to a point marking the northwest cor- south, range 38 cast to a point intersecting the north- 27), and Levee L-5, said intersection being located (5) -Person' means the state or any agency or in- net of sectiork 24, township 57 south, range 37 east; west corner of the southwest one-quarter of section near the northwest corner of section 27, township 47 stitution thereof or any municipality, political subdi- thence run westerly along the south lines'of sections 33; thence run easterly along the north line of the south, range 38 east; thence run westeri), along the vision, public or private corporation, individual, Part- 14, 15, and 16 to the southwest corner of section M; southwest one-quarter of section 33 to the northeast aforementioned Levee L-5 to a point intersecting the nership, association, or other entity and includes any thence leaving the Everglades National Park bounds- corner of the southwest one-quarter of section 33; east line of range 36 east; thence run northerly alotig officerw governing or managing body of any munici- ry run northerly along the west line of section 16 to thence run north along the west line of the northeast said range line to a point marking the northeast cof- pality, political subdivision, or public or private car- the northwest corner of section 16; thence east along one-quarter of section 33 to a point intersecting the net of section 1, township 47 south, range 36 east; nort lineofsecti(in33;thenceruneasterlyalongthe thence run westerly along the north line of township pwation. the northerly line of section 16 to a point at the inter- (6) 'Plant' is any unit operation. complex, area, section of the cast one-half and west one-half of sec- north line of section 33 to the northeast corner of sec' 47 south, to an intersection with Levee L-23/24 (M - or multiple of unit operations that produce, process. tion 9; thence northerly alung the line separating the tion 33; thence run northerly along the west line of atni Canal); thence run northwesterly along the hl - section 27 to a point intersecting the northwest cor- ami Canal Levee to a point intersecting the north line 716 717 a. 403.031 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a.403.061 a.403.061 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 403.061 of section 22, township 46 south, range 35 east; therefrom. If the Florida Environmental Regulation not adopt standards more stringent than federal re thence run westerly to a point marking the northwest Commission designates the waters within the bound. ulations. except as provided in 11. 403.804. corner of section 21, township 46 south, range 35 east; aries an Outstanding Florida Water, waters outside (8) issue such orders as are necessary to effect, thence run southerly to the southwest corner of said the boundaries shall not be included as part of such ate the control of air and water pollution and enforce the as all appropriate administrative and jud section 21; thence run westerly to a point marking designation unless a hearing is held pursuant to no- .the same by all appropriate administrative and judi- the northwest corner of section 30, township 46 tice in each appropriate county and the boundaries of cial proceedings. south range 35 east, said point also being on the line (9)Adopt a comprehensive program for the prev- dividing Palm Beach and Hendry Counties; from said for such designation. air and waters of the state, and from time to time review point, thence run southerly along said county line to History- 4. C a point marking the intersection of Broward, Hendry, 127; .. 153. CtL 71-377; & 1. cL 73-46; & 112@ ch. 73-133;;Z 1. 2. CL 74-13% s. 1. view and modify such program as necessary. and Collier Counties, said point also being the north- . (10) Develop a comprehensive program for the east corner of section 1, township 49 south, range 34 prevention, abatement, and control of the pollution east; thence run westerly along the line dividing Hen- 403.061 Department; powers and duties. of the waters of the state. In order to effect this pu dry and Collier Counties and continuing along the -The department shall have the power and the duty pose. a grouping of the waters into Classes May to control and prohibit pollution of air and water in made in accordance with the present and future mo prolongation thereof to a point marking the south- to control and prohibit pollution of air and water in west corner of section 36, township 48 south, range 29 accordance with the law and rules and regulations beneficial uses. Such classications mya from time to time east; thence run southerly to a point marking the adopted and promulgated by it and, for this purpose, time be altered or modified. However. before a ication mai southwest corner of section 12, township 49 south, to: such classification is made, or any modifications range 29 east; thence run westerly to a point marking (1) Approve and promulgate current and long- thereto, public hearings shall be held by the depa the southwest corner of section 10, township 49 range plans developed to provide for air and water ment. south, range 29 east; thence run southerly to a point uality control and pollution abatement. (1l) Establish ambient air uality and water marking the southwest corner of section 15, township (2) Hire only such employees as maybe necessary uality standards for the state as a whole or for any 49 south, range 29 east; thence run westerly to a point to effectuate the responsibilities of the department. part therof, and also standards for the abatement department 24, township authorized to establish reasonable zones Of mixing marking the northwest corner of section 24, township (3) Utilize the facilities and personnel of other excessive and unnecessary noise. The department is 49 south, range 28 east, said point lying on the west state agencies, including the Department of Health authorized to establish reasonable zones of mixing for and Rehabilitative Services, and delegate to any such discharges into waters. boundary of the Big Cypress Area of Critical State and rehabilitaton Services, and delegate to any such discharges into waters. Concern as described in Rule 27F-3, Florida Admin- agency any duties and functions as the department (a) When a receiving body of water fails to meet istrative Code; thence run southerly along said may.deem necessary to carry out the purpose of this a water uality standard for pollutants set forth in boundary crossing SRD 84 (Alligator Alley) to a act. department rules, a steam electric generating plant -electik'geheiiiting- 0p4la clepsAmefit@ rulm a stiam U cl!@h a point marking the southwest corner of section 24, (4) Secure necessary scientific, technical, re- discharge of pollutants that is existing or licensed un- township 50 south, range 28 east; thence leaving the search, administrative. and operational services by der chapter on July 1. 1984, may nevertheless be aforementioned west boundary of the Big Cypress interagency agreement, by contract, or otherwise. All granted amixing zone, provided that: 1. The standard would not be met in the we Area of Critical State Concern run easterly to a point state agencies, upon direction of the department, body in the absence of the discharge; shall make these services and facilities available. marking the northeast corner of section 25, township 2. The discharge is in compliance With all appli- 50 south, range 28 east; thence run southerly along (5) Accept state appropriations and loans and cable technology-based effluent limitations; the east line of range 28 east to a point lying approxi- grants from the Federal Government and from other 3. The discharge does not cause a measurable in- mately 0.15 miles south of the northeast corner of sources, public or private, which loans and grants section 1, township 52 south, range 28 east; thence shall not be expended for other than the purposes of crease in the degree of noncompliance with the sta dard at the boundary of the mixing zone; and run southwesterly 2.4 miles more or less to an inter- this act. 4. The discharge otherwise complies with the section with SRD) 90 (U.S. 41 Tamiami Trail), said (6) Exercise general supervision of the adminis- mixing zone provisions specified in department rul intersection lying 1.1 miles more or less west of the tration and enforcement of the laws, rules, and regu- lations pertaining to air and water pollution. shall be permiitx@22 in Outstanding Florida Waters a and westerly along SRD 90 to an intersection with (7) Adopt, modify, and repeal rules and regula- tric generating plants existing or licensed under this ning, (b) The area bounded by the line described in chapter on July 1, 1984, shall not be reuired to be (a) generally includes those waters to be treated to a greater extent than may be necessary to known as waters of the state. The landward extent of assure that the uality of nonthermal components of n these waters shall be determined as provided in 3. discharges from nonrecirculated cooling water sys- . Any waters which are outside the general tems is as high as the uality of the makeup waters; boundary line described in paragraph (a) but which that the uality of nonthermal components of dis- are contiguous thereto by virtue of the presence of a charges from recirculated cooling water systems is no ercouse or as determined pursuant to s. 17- lower than is allowed for blowdown from such sys- Florida Admintrative Code, shall be a part of this tems; or that the uality of noncooling system dis- body. Any areas within the line described in charges which receive makeup water from a receiving paragaraph ai which are not within the jurisdiction 4 body of water which does not meet applicable depar to determine the levels of air uality the department as determined pursuant to a. 17. ment water uality standards is as high us the uality Florida Administrative Code,shall be excluded 718 of the receiving body of water. The department may 403.061 198 1 SUPPLEMENT TO FLOltl[)A,STA,rUTFS 1983 9.403.061 s.403,087 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a. 403.09 any such consultation shall be construed to relieve adopted hwal governmental comprehensive plan and 403.087 Permits; general Issuance; denial. (b) Has violated law, department orders. rules. oz any Ferson from compliance with this act, rules and the requirements of this chapter. The department revocation; prohibition; penalty.- regulations. or permit conditions; ,tion3 of the department, or any other provision shall periodically review each permit to determine (1) No stationary installation which will reason- (c) Has failed to submit operational reporU or regu a of law. compliance with the terms and conditions of the per- ably be expected to be a source of air or water pollu- other information required by department rule or 06) Encourage voluntary cooperation by it. Such review shall be conducted at least once ev- tion shall be operated. maintained, constructed, ex- regulation; or and affected groups to achieve the purposesW3=s emry 10 years. i panded, or modified without an appropriate and cur- (d) Has refused lawful inspection under a. act (b) This subsection applies only to those mainte- rently valid permit issued by the department, unless 403.091. (17) Encourage local units of government to.ha.n- nance dredging operations permitted after July 1. exempted by department rule. In no event shall a (7) The department shall not issue a permit to dle pollution problems within their respective Jurn. 1980, where the United States Army Corps of Engi- permit for a water pollution source be valid for more any person for the purpose of engaging in. or at. dictions on a cooperative basis and provide technical neers is the prime dredge and fill agent and the local than 5 years. However, upon expiration, a new permit tempting to engage in, an activity relating to the ex- and consultative assistance therefor. governmental agency is acting as sponsor for the op. may be issued by the department in accordance with traction of solid minerar. not exempt pursuant to (18) Encourage and conduct studies, investigo- eration. and does not require the redesignation of this act and the rules and regulations of the depart- chapter 211 within any state or national park or state tions, and research relating to pollution and its currently approved spoil sites under such previous ment. or national forest when the activity will degrade the causes, effects, prevention, abatement, and control. operations. (2) 7%e department shall adopt. amend, or repeal ambient quality of the waters of the state or the am- (19) Make a continuing study of the effects of the (25) Establish and administer a program for the rulesare a. bient air within those areas. In the event the Federal njulations, and standards for the issuance, d emission of air contaminants from motor vehicles on restoration and preservation of bodies of water with- nial. revocation of permits. Government prohibits the mining or leasing of solid the quality of the outdoor atmosphere of this state in the state. The department shall have the power to (3) The department shall issue permits on such minerals on federal park or forest lands, then, and to and the several parts thereof and make recommends - acquire lands, to cooperate with other @applicable conditions as are necessary to effect the intent and the extent of such prohibition, this act shall not ap. tior;3 to appropriate public and private bodies with state or local agencies to enhance existing public ac- purposes of this section. ply to those federal lands. respect thereto. cess to such bodies of water, and to adopt all rules (4) The department shall issue permits to can. (8) A violation of this section is punishable as (20) Collect and disseminate information and necessary to accomplish this purpose. atruct, operate, maintain, expand, or modify an in- provided in this chapter. cenduct educational and training programs relating (26)(a) Develop standards and criteria for waters stallation which may reasonably be expected to be a I.Distory- I.cbL 71 =;L 4.& 14-133;L 14LCb. 7M.L 14.& 52-27;. to pollution. used for deepwater shipping which standards and source of pollution only when it determines that the ch. d2.54; & 1. ch. $2.122, & 5% CL 83-218; L 24, ChL 64-33s. (21) Advise. consult. cooperate, and enter into criteria consider existing water quality; appropriat!@ installation is provided or equipped with 403.0876 Permits; processing- po u on : greements with other agencies of the state, the Fed- mixing zones and other requirements for mainte- control facilities that will abate or prevent pollution (1) Within 30 days after receipt of an apptication ral Government, other states, interstate agencies, nance dredging in previously constructed deepwater to the degree that will comply with the stand or roups, political subdivisions. and industries affected navigation channels, port harbors, turning basins, or rules promulgated by the department, except as pro for a permit under this chapter. the department shall Y review the application and shall request submittal of the provisions of this act. rules. or policies of the harbor berths; and appropriate mixing zones for dis- vided in a. 403.088, and which will comply with the' all additional information the department is permit- department. posal of spoil material from dredging and, where nec- prohibitions in 40 C.F.R. a. 124.41. ted by law to require. If the applicant believes any (22) Adopt, modify, and repeal rules governing essary, develop a separate classification for such we- (5)(a) The department may require an applies- departmental request for additional information is the specifications. construction, and maintenance of tem. Such classification, standards. and criteria shall tion fee in an amount sufficient to co ver the costs of industrial reservoirs, dams. and containers which r not authorized by law or departmental rule. the ap- ecognize that the present dedicated use of these wa- reviewing and acting upon any application and the t may request a hearing pursuant to a. 120.57. 11 store or retain industrial wastes of a deleterious na- ters is for deepwater commercial navigation. costs of surveillance and other field services associat- Mrin 30 clar after receitt of such additional infar- ture el 00 40-3) Adopt rules and regulations to ensure that (b) The provisions of paragraph (a) apply only to ed with any permit issued, but the amount in no case mation, the apartment a all review it and may re- no detergents are sold in Florida after December the port waters, spoil disposal sites, port harbors, shall exceed $100, except that: . quest only that information needed to claAfy such 31- navigation channels. turning basins, and harbor 1. The permit fee for any of the following permits 1972, which are reasonably found to have a harmful additional information or to answer new questions or deleterious effect on human health or on the envi- berths used for deepwater commercial navigation in shall not exceed $5W: raised by or directly related to such additional infor- ronment. Any regulations adopted pursuant to this the ports of Jacksonville, Tampa. Port Everglades, a. Air pollution, operation permiL mation. If the applicant believes the request of the subsection shall apply stateuide. Subsequent to the Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port b. Industrial waste. construction permit. department for such additional information is not promulgation of such rules and regulations, no co n- Manatee, Port St. Joe, Panama City, St. Petersburg, c. Domestic waste, temporary operation permit. authorized by law or departmental rule, the depart- ty, municipality, or other local political subdivision and Pensacola. al d. Industrial waste, temporary operation permiL ment at the applicant's request@ shall proceed to pro- shall adopt or enforce any local ordinance, special (27) Establish rules which provide for a r1rie. a. Storrowater, temporary operation permit. cess @he permit application. law. or local regulation governing detergents which is category of water bodies within the state, to 2. The permit fee for any of the following permits (2)(a) A permit shall be approved or denied with- less stringent than state law or regulation. Regula- ferred to as "Outstanding Florida Waters,* which wa- shall not exceed $1.000- in 90 days after receipt of the original applicati-n. tions, ordinances, or special acts adopted by a county ter bodies shall be worthy of special protection be- a. Air pollution, construction permit the last item of timely requested additional material - or municipality governing detergents shall be subject cause of their natural attributes. Nothing in this sub- b. Dredge and fill, standard form permit. or the applicant's written request to begin 'processing to approval by the department, except that r section shall affect any existing rule of the depart- c. Deep well injection, construction permit. the permit application. egula- tions. ordinances, or special acts adopted by any ment. d. Deep well injection, operation permiL (b) The failure of the department to approve or county or municipality with a local pollution control (28) Perform any other act necessary to control a. Hazardous waste permit- deny a permit for an underground injection well program approved pursuant to a. 403.182 shall be ap. and prohibit air and water pollution, and to delegate 3. The fee for a permit issued pursuant to a. within the 90-day time period shall not result in the proved as an element of the local pollution control :ny of its responsibilities, authority, and powers, oth- 403.816 is $5,000, and the fee for any modification of automatic approval or denial of the permit and shall pro r than rulemaking powers, to any state agency now (14ram. such permit requested by the applicanthe $1,000. not prevent the inclusion of specific permit condi- )(a) Establish a permit system to provide for or hereinafter established. (b) The fee schedule shall be adopted by rule tions which are necessary to ensure compliance with spoil site approval, as may be requested and required (29) Adopt by rule special criteria to protect based on a sliding scale relating to the size or type of applicable statutes and rules. If the department fails by local governmental agencies as defined in a. Class 11 shellfish harvesting waters. Rules previously installation which is proposed by the applicant. If the to approve or deny such a permit within the 90-day 403.1822(3), or mosquito control districts as defined adopted by the department in a. 17-4.28(8)(a), Flori- department requires by rule or by permit condition period, the applicant may petition for a writ of man- in a. 388.011(2), to facilitate these agencies in provid- do Administrative Code, are hereby ratified and de- that a permit be renewed more frequently than once damus to compel the department to act consistently ing spoil sites for the deposit of spoil from mainte- termined to be a valid exercise of delegated legisla- every 5 years. the permit fee shall be prorated based with applicable regulatory requirements. nance dredging of navigation channels, port harbors, tive authority and shall remain in effect unless upon the permit fee schedule in effect at the time of W.Wry.- 2.6. 80 4K . 25..b. 64 338, turning basins, and harbor berths, as part of a federal amended by the Frivironmental Regulation Commis- permit renewal. project, when the agency is acting as sponsor of a sion. (6) A permit issued pursuant to this section shall 403.091 Inspections.- contemplated dredge and fill operation involving an Iflio-y.- 7. ch. 6' .436; .. 19.26.35.,h 69 10k .. 1. ch. 71-35;.. 2, ch. 71- not become a vested right in the permittee. The de- (I) Any duly authorized representative of the de- established navigation channel, harbor, turning be- 3, ch. 72-1% @ 1. ch. 72 531,1113, ch. 73-333;.. 3.6. ' .4 133, 1. ch. 77-21; . 137. ch. 77 104..268. ch. 77 , 2, ch. 77 369. a 14. ch. 79,9S; a. 2. ch. 78. partment, may revoke any permit issued by it if it pertinent may at any reasonable time enter and in- sin, or harbor berth. A spoil site approval granted t, 437;. 73.,h.796-, 1.6.79 NO.. 96.,h, -9 ICA;-- 10.6.79 Oo, I.ch. finds that the permitholder: spect. for the purpose of ascertaining the state of the agency shall be granted for a period of 10 to 25 s" 2S- '- ch 61 '228.. %,h bl 27; b. 92-79;.. 2.,h, 62 60; .. 68. (a) Has submitted false or inaccurate information compliance with the law or rules and regulations of . , ch, .. 79. . 1. ch, M .338 years when such site is not inconsistent with an esf:'-'-.3.5o1-4()3517 Fl.,,sda U--11 P-,r NaMS,fi., Act. in his application; the department, any property, premises, or place, ex- 720 721 403.091 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 403.1859 apt a building which is used exclusively for a private thereupon issues a warrant, signed by him with the groundwater testing capablilites in order to ensure ords which fully disclose the amount and disposition residence, 00 or at which a hazardous waste genera- name of his office, to any department representative, that all citizens have their water tested within a rea- by the recipient of the proceeds of such assistance, tor, transporter, or facility or other air or water con- which warrant will authorize the representative sonable period of time during a certain situation. the total cost of the project or undertaking in connec- tainment source; a discharger, including any non- forthwith to impact the property described in the (a) File, by October 1 annually, a report summa- tion with such assistance given or used, the amount domestic discharger which introduces any pollutant warrant. rizing the activities of the task force during the past of that portion of the cost of the project or undertak- into a publicly owned treatment works; any facility, year. The report shall include, but is not limited to, a ing supplied by other sources, and such other records as defined ina376.301(4); or a resource recovery and chronological listing of all groundwater contamina- as will facilitate an effective audit. The department management facility is located or is being construct- 403.1859 Florida Groundwater Protection tion incidents, actual costs for each incident, and an and the Auditor General or any of their duly author- ed or installed or where records which are required Task Force- evaluation and recommendation concerning the ized representative shall have access, for the pur- under this chapter, in 376.30-376.315, or department (1) The Florida Groundwater Protection Task needs of the state for the coming year with respect to pose of audit and examination, to any books, docu- rule are kept. Any duly authorized representative Force is created within the Department of Environ- groundwater contamination problems. A copy of the ments, papers, and records of the recipient that are may at reasonable times have access to and copy any mental Regulation. report shall be sent to the Governor, the President of pertinent to grants received under 403.1821- records required under this chapter or as 376.30- (a) The Goundwater Protection Task Force shall the Senate, and the Speaker of the House of Repre- 403.1832. 376.315; inspect any monitoring equipment or math- consist of the following members: sentatives. (9) Any project satisfactorily planned and de- ed; sample for any pollutants as defined in a 1. The Secretary of Community Affairs or his (3) The Florida Groundwater Protection Task signed in accordance with the requirements of the 376.301(10), effluents, or wastes which the owner or designer; Force shall meet as needed, at the call of the chair- United States Environmental Protection Agency is operator of such sources may be discharging or which 2. The Secretary of Environmental Regulation or man, to carry out the provisions of this section, eligible for funding under this act. may otherwise be located on or underlying the own- his designer; er's or operator's property; and obtain any other in- 3. The Secretary of Health and Rehabilitative formation necessary to determine compliance with Services or his designer; 403.1826 Grants, requirements for eligibili- 403.1838 Small Community Sewer Con- permit conditions or other requirements of this chap- 4. The Commissioner of Agriculture or his desig- ty struction Assistance Act ter, as 376.30-376.315, or department rules. No per- ner; (1) Grants shall be made under as 403.1821 - (1) This section may be cited as the "Small Com- son shall refuse reasonable entry or access to any au- 5. The Secretary of Transportation or his desig- 403.1832 for projects eligible as provided in rules of munity Sewer Construction Assistance Act." thorized representative of the department who re- ner; and the department. Only those projects to be construct- (2)(a) There is established within the Depart- quests entry for purposes of inspection and who pres- 6. Any additional state agency members as deter- ed after the effective date of this act are eligible for ment of Environmental Regulation the Small Com- ents appropriate credentials; nor shall any person ob- mined and appointed by the Governor in order to grants pursuant to this act. munity Sewer Construction Assistance Trust Fund. struct, hamper, or interfere with any such inspection. properly implement the provisions of this act. (2) No grant may be made for any project unless (b) The funds shall be used by the department to The owner or operator of the premises shall receive a (b) The Secretary of Environmental Regulation such project and the plans and specifications therefor assist small communities with their needs for ade- report, if requested, setting forth all facts found or a designer shall chair the task force. are approved by the department, subject to such re- quate sewer facilities. The term "small community which relate to compliance status. (2) The Florida Groundwater Protection Task quirements as the department imposes. The costs for means an incorporated municipality with a popula- (2) An inspection pursuant to subsection (1) may Force shall: advanced waste treatment facilities, or portions tion of 35,000 or less, according to the latest be conducted only after. (a) Coordinate the temporary provision of pota- thereof, required for discharge to surface waters or census. (a) Consent for the inspection is received from ble water to every citizen whose drinking water sup- ground water protection or protection of public (3) The department may provide grants to small the owner, operator, or person in charge; or ply has been deemed by the state to be unsafe, until health are eligible for funding. communities. Grants shall be made from the Small (b) The appropriate inspection warrant as pro- such time as a permanent source of potable water has (3) No grant may be made until the local govern- Community Sewer Construction Assistance Trust vided in this section is obtained. been made available. mental agency has available to it that part of the to- Fund in accordance with rules adopted by the Envi- (3)(a) An inspection warrant is authorized by (b) Ensure that public information is provided to tal cost of the project which is in excess of the appli- ronmental Regulation Commission. The department this chapter may be issued by a judge of any county all citizens and local governments in any area in cable grant. may grant up to $3 million to any small community. court or circuit court of this state which has jurisdic- which drinking water has been deemed by the state (4) The department shall require local govern- (4) The Environmental Regulation Commission tion of the place or thing to be searched. to be unsafe. The task force shall ensure: mental funds in the amount of 45 percent of eligible shall: (b) Upon proper affidavit being made, an inspec- 1. The development and maintanence of mail- project costs as determined by rules of the depart- (a) Require a 45-percent nonstate match, except tion warrant may be issued under the provisions of ing list of each citizen and each local government in ment. The department is authorized to establish a that, for a grant of less than $50,000, the commission this chapter or as 376.30-376.315; an area with contaminated drinking water wells. maximum grant for each local governmental agency may waive all or a part of the matching requirement: 1. When it appears that the properties to be in- 2. The preparation and distribution of informa- pursuant to this act. 1. Where water quality standards have been spected may be connected with or contain evidence tion to all affected citizens and local governments de- (5) Grants made under 403.1821-403.1832 by an amount that constitutes an immediate of the violation of any of the provision of this chap- scribing state agency functions in the event of shall be paid to the local governmental agency as pro- health hazard: or ter or 376.30-376.315 or any rule properly presipi- groundwater contamination. vided by department rule. 2. In a community where the gross per capita in- tated thereunder; or 3. The preparation and distribution of a wat- (6) A grant may not be made unless the local gov- come is below the state average, as determined by the 2. When the inspection sought is an integral part er as needed to all affected citizens and local govern- ernmental agency assures the department of the United States Department of Commerce, and where of a larger scheme of systematic routing inspection ments, which shall contain a listing of up- proper and efficient operation and maintenance of sewer systems have failed to meet department, stan- which are necessary to, and department with, the con- coming scheduled activities, the to frequent- the project after construction. Revenue sufficient to dards. tinuing effort of the department to ensure compli- ly submitted questions, and a listing of possible solu- ensure that the facility will be self-supporting shall (b) Require appropriate user charges and connec- ble with the provisions of this chapter or 376.30- tions or remedies to water contamination problems. be generated from sources which include, but are not tion fees sufficient to ensure the long-term operation 376.315 and any rules adopted thereunder. 4. The availability of a toll-free telephone num- limited to, service charges and connection fees. The and maintenances of the facility to be constructed un- (c) The judge shall, before issuing the warrant, ber to allow citizens of the state access to information revenue generated shall provide for financing future der any grant. have the application for the warrant duly sworn to regarding contaminated water supplies. sanitary capital improvements. The grantee (c) Require compliance with all water quality the subscribed by a representative of the depart- (c) Make recommendations to any person or gov- shall during the design life of the grant- standards. ment; and he may receive further testimony from ernmental agency regarding groundwater contamina- funded project, mony in an amount equivalent to (d) Establish a system to determine eligibility witnesses, supporting affidavits, or depositions in tion affecting public or private wells. the grant amount adjusted for inflationary cost in- and relative priority for applications for grants by writing to support the application. The affidavit and (d) Ensure that a current inventory of all ground- creases. small communities. further proof, if had or required, shall set forth the water contamination research activities by public and (7) No grant may be made unless the local gov- (c) Require applications for grants to be submit- facts tending to establish the grounds specified in private universities in the state; federal, state, and lo- ernmental agency has filed properly executed forms ted as appropriate forms with appropriate support- paragraph (b) or the reasons for believing that such cal agencies; and private industry is developed and and applications prescribed by the department. ing documentation, require construction to be in ac- grounds exist. maintained. This inventory shall include, but is not (8) Any local governmental agency receiving as- cordance with plans approved by the department, (d) Upon examination of the applications and limited to, a statewide listing of all facilities with sistance under 403.1821-403.1832 shall keep such and require recordkeeping. proofs submitted and if satisfied that cause exists for records as the department prescribes, including rec (5) Any project satisfactorily planned and de- the issuing of the inspection warrant, the judge shall 723 I Ps I SUPPLE.N1 FNTTO FI.011 I DA STATUTES 1983 9@ 403.702 0.403.702 1984 SUPPLEMENT TOYLORIDA STATUTES 1983 a.403.70 signed in accordanct, with the requirements of the acres per year, and all p at mining activities for the will avoid varied and uncoordinated solutions by lo- 403.703 Definitions-& used in this act, the ca United Suites Vn@ironmental Prouction Agency is agricultural use of peat, are exempt (rum the provi- calgovernmenis around the state. term: eligible fur funding under this act- sions of this section. ( The economic and population growth of our (1) 'Department' means the Department of En- (6) A grant may not be made unless the local gov- (5) Nothing in this section limits the permitting state and the improvements in the standard of living vironmental Regulation or any successor agency per- ernmental agency assures the department of the authority of the department to regulate peat mining enryed by our population have required increased forming a like function. proper and efficient operation and maintenance of pursuant to other provisions of this chapter. il ustriall production together with related commer- (2) "Count r municipadity,'orany like term, in- 'ica o the project after construction. Revenue sufficient to Hit.ry.- ZdL 84-79. cial and agricultural operations to meet our needs, cludes poll subdivisions engaged in resource re- ensure that the facility will be self-su porting shall which have resulted in a rising: tide of unwanted and covery and management. be generated from sources which incluxe. but are not PARTIV discarded materials. (3) "Person' means any and all persons. natural limited to, service charges and connection fees. The (a) The failure or inability to economically recov- or artificial, including any individual, rum of associ- revenue generated shall provide for financing future RESOURCE RECOVERY AND MANAGEMENT dr material and energy resources from solid waste re- ation; any municipal or te corporation organized sanitary sewerage capital improvements. The grantee sults in the unnecessary waste and depletion of out or existing under the this state or any other shall accumulate, during the design life of the grant- 403-702 Legislative findings; public purpose. natural resources. and, therefore, maximum resource state; any county of this state; and any governmental funded project. moneys :in an amount equivalent to 403.703 Definitions. recovery from solid waste and maximum recycling agency of this state or the Federal Government. the grant amount adjusted for inflationary cost in- 403.704 Powers and duties of the department. and reuse of such resources must be considered goals (4) 'Recycling' means the reuse of solid waste in creases. 403.707 Permit&. of the state. manufacturing, agriculture, power production, or ltitit-'- 56.,h. M 31,X, 29. lb@ U-311L 403.7225 Local hazardous waste management as- (f) Certain solid waste, due to its quantity: con- other processes. 1 -0 - iz-ad by th-dit- sessments, centration; or physical, chemical. biological, or infec- (5) 'Resource rnan- ement* means the process by 403.7234 Small quantity generator notification pro- tious characteristics, is exceptionally hazardous to which solid waste is collected, transported, stored. 403.265 Peat mining-, permitting- gram. human health. safety, and welfare and to the environ. separated, processed, or disposed of in any other way, (1) Definitions.-As used in this section, the 403.726 Abatement of imminent hazard caused by ment, and exceptional attention to the tran ports- according to an orderly, purposeful, and planned pro- 19 term: hazardous substance. tion. disposal, storage, and treatment of such waste is gram. (a) 'Agricultural use of peat* means the use.of 403.7264 Amnesty days for purging small quanti- necessary to protect human health, safety, and wel- (6) 'Resource recovery' means the process by peat as a soil medium, additive. enhancer, or fertiliz- ties of hazardous wastes. fare and the environment. which materials, excluding those under control of the er. 403.727 Violations; defenses, penalties, and reme- (g) This act should be integrated with other acts Atomic Energy Commission, which still have useful (b) "Peat" means a dark brown or black residuum dies. such that nonhazardous waste discharges currently physical or chemical properties after serving a specif- produced by the partial decomposition and disinte- 403.74 Management of hazardous materials by regulated under this chapter, water or solid waste ic purpose are reused or recycled for the mine or oth- ,gration of mosses, sedges, trees, and other plants that governmental agencies. construction, modification, or operating permits, air er purposes, including use as an energy source. grow in marshes and other wet places. regu- c) 'Peat mining activity" means the extraction 0 1 403.75 Definitions relating to used oil. emissions. special wastes, and other activities . (7) 'Resource recovery and management facility* 1 403.751 Prohibited actions: authorized uses of lated under other more appropriate acts remain in means any solid waste disposal area. volume reduc- peat or peat soils for sale or consumption or the dis- used oil. I full force and effect and ar. not preempted by the is- tion plant. or other facility, the purpose of which is turbance of vegetation or soils in anticipation of the 403.753 Public educational program about collec- quirements of this act. resource recovery or the disposal, recycling, process- extraction of peat or peat soils for sale or consump- (2) It is declared to be the purpose of this act to: ing tion. For the purposes of this part, the term peat tion and recycling of used oil. (a) Plan for and regulate in the most economical- wr storage of solid waste. . ant* means equip- 403.754 Registration of persons transporting, col- ) "Resource recovery equipm4 mining activity" does not include the removal of peat lecting, or recycling used oil; fees; re. ly feasible, cost-effective, and environmentally safe went or machinery exclusively and integral;% imed ir or peat soils for construction activities or the removal ports and records. manner. the storage, collection, transport, separation. the actual process of recovering material of overburden for other mining activities. , recycling, and disposal of solid waste in (d) "Peat soil* means soil which contains at least 403.756 Report to Legislature concerning oil recy- processing w resources from solid waste. OD 75 percent dry weight of peat material. Such soil is cling. order to protect the public safety, health, and el- (9) "Solid waste" means sludge from rich in humus and gives an acid reaction. 403.757 Coordination with other state agencies. fare; enhance the environment for the people of this treatment works, water supply treatment plant. (2) Each department permit which authorizes the 403.758 Enforcement and penalty. state; and recover resources which have the potential pollution control facility or garbage, rubbish. rt. mining of peat or peat soils or any mining activity as- 403.759 Disposition of fees, fines. and penalties. for further usefulness. or other discarded material, including solid. Wud sociated with the anticipation of the extraction of (b) Establish and maintain a cooperative state semisolid, or contained gaseous material resultin.' pe@t or peat soils for sale or consumption shall re- 403.702 Legislative findings; public purpose.- program of planning and technical assistance for re- from domestic, industrial, commercial, mining, agri- (1) In order to enhance the beauty and quality of source recovery and management' quire the permittee to institute and complete a recla- (c) Provide the authority, and require counties cultural, or governmental operations. mation program for the area mined, which program our environment4 conserve and recycle our natural (10) "Volume reduction plant* includes, but 6 must include the following factors: resources; prevent the spread of disease and the cre- and municipalities, to adequately Ian and provide efficient, environmentally acceptable resource recov- not limited to, incinerators, pulverizers. compactors, (a) Control of the physical and chemical quality ation of nuisances; protect the public health, safety, ery and management and require counties to plan for shredding and baling plants, transfer stations. cvm- of the water draining from the mining area; and welfare; and provide a coordinated statewide re- proper hazardous waste management. posting plants, and other plants which accept and (b) Soil stabilization, including contouring and source recovery and management program, the Legis- (d) Require review of the design, and issue per- process solid waste for recycling or disposid. vegetation; lature finds that: mits for the operation, of resource recovery and man- (11) 'Yard trash" means vegetative marte: result- 1c) Elimination of health and safety hazards. (a) Inefficient and improper methods of manag- agement facilities. ing from landscaping maintenance and land-clicaring (d) Conservation and preservation of remai'ning ing solid waste create hazards to public health, cause (e) Promote the application of tesource recovery operations. natural resources; and pollu'tion of air and water resources, constitute a systems which preserve and enhance the quality of (12) "Trash landfills" means combinations of (e) A time schedule for the completion of the pro- waste of natural resources, have an adverse effect on air. water, and land resources. Yard trash arA construction and demolition debris gram anti the various phases thereof. land values, and create public nuisances. (f) Ensure that exceptionally hazardous solid along with paper, cardboard, cloth, glass, white (3) The department may adopt rules which are (b) Problems of solid-waste management have waste is transported, disposed of, stored, and treated goods, street sweepings, vehicle tires, and other like consistent with the powers and duties listed in a. become a matter statewide in scope and necessitate in a manner adequate to protect human health, safe- matter- 403-912 to govern the mining of peat, including stric- state action to assist local government in improving ty, and welfare and the environment. (13) 'Construction and demolition debris" means ter permitting and enforcement provisions for the methods and processes to promote more efficient (g) Promote the recycling, reuse, or treatment of material generally considered to be not water soluble rmm@g for sale. or consumption of peat or peat soils methods of solid-waste collection and disposal. solid waste, specifically including hazardous waste, in and nonhazardous in nature, including, but not limit- within or contiguous to the areas which have been (c) The continuing technological progress and lieu of disposal of such wastes. ed to, steel, glass. brick, concrete, or asphalt roofing designated as Outstanding Florida Waters or which improvements in methods of manufacture, packag- (h) Promote the application of methods and tech. material. were under consideration by the Environmental Reg- ing, and marketing of consumer products has result- nology for the treatment, disposal, and transports- (14) 'Class I solid waste disposal area" means a ulation Commission for such designation on April 1. ed in an ever-mounting increase of the mass of mate- tion of hazardous wastes which are practical, cost- disposal facility which receives an average of 20 tons 1984. rial discarded by the purchasers of such products, effective, and economically feasible. or more per day, if scales are available, or 50 cubic (4) The mining of peat or peat soils of less than 5 thereby necessitating a statewide approach which 11i4tory- 1. Ch. 74-347; a. 3. Ch, W-302; s. 20. ch. 113.31% e. A ch. 84-338. yards or more per day of solid waste, as measured in 724 725 s.403.703 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.403.704 s.403.704 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 403.707 place after covering, and which receives an initial the physical, chemical, or biological character or com- products, materials, fuels, or energy in any form de- sure methods which serve to protect the health, safe- Cover daily. position of any hazardous waste so as to neutralize it rived from processing of solid waste by state-owned ty, and welfare of the public and the environment; so- licit public participation during the research process; (15) "Class If solid waste disposal area" means a or render it nonhazardous, safe for transport, amen- or state-operated facilities, which funds or revenues create a three-member research oversight review disposal facility which receives an average of less able to recovery, amenable to storage or disposal, or shall be deposited into the General Revenue Fund. committee comprised of industry, university, and leg- than 50 cubic yards pet day of solid waste, as mea- reduced in volume or concentration. The term in- (12) Determine by rule the facilities, equipment, islative staff representatives; and submit a report on sured in place after covering, and which receives an cludes any activity or processing designed to change personnel, and number of monitoring wells to be pro- these alternatives to the Legislature by February 1, initial cover at least once every 4 days. the physical form or chemical composition of hazard- vided at each Class I solid waste disposal area. 1985. The department shall incorporate such cost- (16) "Initial cover" means a 6-inch layer of com- ous waste so as to render it nonhazardous. (13) Encourage. but not require. as part of a Class effective landfill closure methods in th appropriate (29) Hazardous substance" means any substance department rule as alternative closure requirements. pacted earth, or other suitable material as approved 11 solid waste disposal area, a potable water supply; (19) Authorize variances from solid waste closure by the department, used to enclose a volume of solid which is defined as a hazardous substance in the an employee shelter; handwashing and toilet facili- rules adopted pursuant to this part, provided such waste prior to intermediate or final cover. Comprehensive Environmental Response, Compen- ties; equipment washout facilities; electric service for variances are applied for and approved in accordance (17) "Monitoring well" means a strategically lo- sation, and Liability Act of 1980, 94 Stat. 2767. operations and repairs; equipment shelter for main- with s. 403.201 and will not result in significant cated well from which water samples are drawn for scales for weighing solid waste received at the dispos- threats to human health or the environment. (18) "Closure" means the cessation of operation al area, a trained equipment operator in full-time at- (20) Establish an account and deposit to the Haz- of a resource recovery and management facility and 403.704 Powers and duties of the depart- tendance during operating hours; and communica- ardous Waste Management Trust Fund and control the act of securing such facility so that it will pose no ment.-The department shall have responsibility for tion facilities for use in emergencies. The department and administer moneys it may withdraw from the significant threat to human health or the environ. the implementation and enforcement of the provi- may require an attendant at a Class II solid waste fund. ment. sions of this act. In addition to other powers and du- disposal area during the hours of operation if the de- (21) Budget and receive appropriated funds and (19) "Disposal" means the discharge, deposit, in- ties, the department shall: partment affirmatively demonstrates that such a re- accept, receive, and administer grants or other funds jection, dumping, spilling, leaking, or placing of any (1) Adopt by rule for the state a resource recovery quirement is necessary to prevent unlawful fires, un- or gifts from public or private agencies, including the solid, waste or hazardous waste into or upon any land and management program, as defined in a. 403.705, authorized dumping, or littering of nearby property. state and the Federal Government, for the purpose of or water so that such solid waste or hazardous waste by July 1, 1976. In developing the state resource re- carrying out the provisions of this act. (14) Require a Class II solid waste disposal area (22) Delegate its powers, enter into contracts, or or any constituent thereof may enter other lands or covery and management program, the department to have at least one monitoring well which shall be take such other actions as may be necessary to imple- be emitted into the air or discharged into any waters, shall hold public hearings around the state in accord- placed adjacent to the site in the direction of ground ment this act. including ground waters, or otherwise enter the envi- ance with chapter 120 and shall give notice of such water flow unless otherwise exempted by the depart- (23) Receive and administer funds appropriated ronment, public hearings. to all local governments and regional ment. The department may require additional moni- for county hazardous waste management assess- (20) "eneration" means the act or process of planning agencies. toring wells not farther than 1 mile from the site if it ments. producing hazardous waste. (2) Provide technical assistance to counties, mu- is affirmatively demonstrated by the department (24) Provide technical assistance to local govern- ments and regional agencies to ensure consistency be- combination of solid wastes. which, because of its appropriate federal agencies and private organiza- water has occurred in the downtown stream monitoring tween county hazardous waste management assess- quantity, concentration, or physical, chemical, or in- tions in carrying out the provisions of this act. well which adversely affects the beneficial uses of the ments with the assistance of the appropriate regional fectious characteristics, may cause, or significantly (3) Promote the planning and application of recy- water. These wells may be public or private water planning councils; and review and make recommen- contribute to an increase in mortality or an increase cling and resource recovery systems which preserve supply wells if they are suitable for use in determin- dations to the Legislature relative to the sufficient of the assessments to meet state hazardous in serious irreversible or incapacitating reversible ill- and enhance the quality of the air, water, and other ing background water quality levels. management needs. ness or may pose a substantial present or potential natural resources of the state. (15) Promulgate rules for solid waste disposal ar- (25) Promote public awareness of hazardous hazard to human health or the environment when (4) Serve as the official state representative for eas limited exclusively to yard trash, for solid waste waste issues and proper methods of management. improperly transported, disposed of, stored, treated, all purposes of the Federal Solid Waste Disposal Act. disposal areas limited exclusively to construction and (26) Assist the hazardous waste storage, treat- or otherwise managed. as amended by Pub. L. No. 91-512, or as subsequent- demolition debris, and for solid waste disposal areas ment, or disposal industry by providing to the indus- (22) "Hazardous waste facility" means any build- ly amended. limited exclusively to trash. Such rules shall take into try any data produced on the types and quantities of ing. site, structure, or equipment at or by which haz- (5) Utilize private industry through contractual account the reduced environmental threat caused by hazardous waste generated. ardous waste is disposed of. stored, or treated. arrangements for implementation of some or all of the segregated disposal of these solid wastes. Re- (27) Institute a hazardous waste emergency re- (23) "Hazardous waste management" means the the requirements of the state resource recovery and duced requirements for engineering, location, cover- sponse program which would include emergency tele- systematic control of the collection. source separa- managerment program and for such other activities as ing, monitoring wells, or forced-draft burning may be communication capabilities and coordination with allowed for such solid waste disposal areas, providing appropriate agencies. ion, storage. transportation, processing, treatment, may be considered necessary, desirable, or conve- the requirements will not allow a threat to public recovery, and disposal of hazardous wastes. nient. (24) "Manifest" means the method used for iden- (6) Encourage recycling and resource recovery as health or environment to exist and providing the re- 403.707 Permits.-- tifying the concentration, quantity, composition, ori- an energy source. quirements are consistent with all other state or local (1) No resource recovery and management facili- gin, routing. and destination of hazardous waste dur- (7) Assist in and encourage, as much as possible, laws, ordinances, rules, regulations, or orders. ty or site may be operated, maintained, constructed, Ing it, transportation from the point of generation to the development within the state of industries and (16) Adopt, repeal, or amend rules to implement, expanded, modified, or closed without an appropriate the point of of disposal, storage. or treatment- commercial enterprises which are based upon re- administer, and enforce this act. Whenever the de- and currently valid permit issued by the department. (25) "Operation," with respect to any resource re- source recovery, recycling, and reuse of solid waste. partinent adopts any rule stricter or more stringent (2) Except as provided in s. 403.722(6), no permit covery and management facility, means the disposal, (8) Charge reasonable fees for any services it per- than one which has been set by the United States En- under this section is required for the following activi- storage. or treatment of solid waste at and by the fa- forms pursuant to this act, provided user fees shall vironmental Protection Agency, the procedures set ties provided no public nuisance or any condition ad- cility. apply uniformly within each municipality or county forth in a. 403.804(2) shall be followed. The depart- versely affecting the environment or public health is (26) "Storage" means the containment or holding to all users who are provided with resource recovery ment shall not, however, adopt hazardous waste rules created and the activity does not violate other state of a hazardous waste, either on a temporary basis or and management services. for solid waste for which special studies are required or local laws, ordinances, rules, regulations, or orders; for a period of years, in such a manner as not to con- (9) Acquire, at its discretion, personal or real under the Resource Conservation and Recovery Act, (a) Disposal by persons of solid waste resulting stitute disposal of such hazardous waste. property or any interest therein by gift, lease, or pur- as amended, until the studies are completed by the from their own activities on their own property. How- (27) "Transport" means the movement of hazard- chase for the purpose of providing sites for resource United States Environmental Protection Agency and ever, the department may by rule require any such ous waste from the point of generation or point of en- recovery and management facilities. the information is available to the department for person to file a written notification to the depart- try into the state to any offsite intermediate points. (10) Acquire, construct, reconstruct, improve, consideration in adopting its own rule. and to the point of offsite ultimate disposal, storage, maintain, equip, furnish, and operate, at its discre- (17) Issue or modify permits on such conditions treatment, or exit from the state. tion. such resource recovery and management facili- as are necessary to effect the intent and purposes of (28) "Treatment," when used in connection with ties as are called for by the state resource recovery this act, and may deny or revoke permits. hazardous waste, means any method, technique, or and management program. (18) Research alternative, economically feasible, process, including neutralization, designed to change (11) Receive funds at revenues from the sale of cost-effective, and environmentally safe landfill clo- 726 727 p. -103.707 198-1 SUPPlYMENTTO FLORIDASTATUTES 1963 403.72a5 0,403.7225 1984 SUPPLEMENT TO FLORIDA STATU ES 1983 D. 403-723 ment ef the type of solid waste being disposed of, the fined pursuant to fedcral regulations under 40 C.F.R. purpose of siting one or more regional storage facili. Central Florida Regional Planning Council; by Jul location of disposal, and methods ofsolid waste man- pt 261.5. ties; and 1.1985. agement. being performed. . ib) The types and quantities of hazardous waste (f) Select one or more regional storage facility (c) For counties within the geoFraphic areas o tbl Normal farining operations. generated within the county. sites. the the Apalachee Regional Planning Councd, th (cl Solid waste disposal areas limited solely to the . (c) Current hazardous waste management prac- (7) The selection of a regional storage facility site North Central Florida Regional Planning Councii disposal of construction and demolition debris' t of nerators within the county. will not preclude the siting of a storage facilita at and the Withlacoochee Regional Planning Counci (3) All applicable provisions of as. 403.087 and (d) ffective waste management practices for some other site which is locally or state approve . and for Jefferson County; by July 1, 1986. 403.088, relating to permits and temporary operation hazardous waste generators requiring offsite services, (8) Within 6 months after the completion of all (11) The preparation of county hazardous wast permits, shall be construed to include the control of including the identification of types offacilities need- ed to serve the hazardous waste generators within the Jocal hazardous waste management assessments management assessments, storage facility area selec resource recovery and management facilities. within a region, the regional planning council shall tions, or regional storage facility site selections shal (4) When application for a permit for a Class I or County- complete a regional It .... dous waste management fa- not prevent siting of storage or treatment facilities ii Class 11 solid waste disposal area is made, it is the (a) Abandoned dump sites within the county. cility needs assessment utilizing procedures and any area of the state. cluty of the department to provide a copy of the ap- w(f) Operating procedures at sanitary landfills guidelines developed by the department in order to (12) Any county which undertakes and complete plication, within 7 days after filing, to the water man- ithin the county, ensure consistent development of these planning doc. a hazardous waste management assessment and ator agement district having jurisdiction where the area is (3) Each regional planning council shall coordi- uments. Further, the regional planning council, in facility area selection prior to the scheduled com to nate the local hazardous waste management assess- afetion dates for counties in the region shall receive i be located. The water management district shall pre the regional hazardous waste management p - ments for counties within its region and submit them fcgia 2feeds assessment, shall utilize all data avail- proportionate share of moneys available, determine( prepare a report as to the impact on water resources. . t able I This report shall be submitted to the department no to the department, according to a department- '.. county hazardous waste management as- t to subsection (3). at the time it is appropri sessments. The regional planning uncil, according P=ua later than 30 days prior to the deadline for final agen- Eresczibed format. Each county shall prepare a local C such purpose. cy action by the department. azardous waste management assessment based on to a department-prescribed formacoshall include in (13) Water management districts shall providi (5) The department may not issue a construction guidelines established by the department. The re- its regional hazardous waste management facility technical .-ijo.rice, relative to water resources, to lo gional planning councils and the counties shall nego- needs assessment the following: cal and regional agencies during the selections of thi permit pursuant to this part for a new sanitary land. tiate the proportionate share of each county of the (a) A summary of the quantities and types of haz- local storage facility areas and regional transfer facil fill within 3,000 feet of Class I surface waters. - sum appropriated to the region for this purpose. In ardous waste generated within its jurisdiction. ity sites. (6) The department may issue a construction per the event that a regional lanning council and a (b) A summary of current hazardous waste man- (14) The department and the regional planninj mit pursuant to this part only to a solid waste land county cannot agree on sucg share, the secretary of agement practices by generators in its jurisdiction. councils shall administer any funds approgriated fa disposal area, site, or facility which provides the con- the department shall settle the dispute. The share of (c) A profile of hazardous waste generators in its the purpose of developing the local hazar ous wasti ditions necessary to control the movement of wastes the county shall be determined pursuant to the jurisdiction by industry, size, and county or city loca. waria ement assessments and storage facility are-a o: or waste constituents into surface or ground waters or criteria specified in 9. 27(2) of chapter 83-310, Laws tion. Site Selections. the atmosphere. Such facility shall, if necessary: of Florida. Once the allocation is made available to (d) An assessment of the excess demand for off. (15) Except as provided in this paM no local gov (a) Use natural or artificial barriers which are ca- them, the counties shall have 30 days to decide site, commercial hazardous waste facilities and Bar. ernment law. ordinance, or rule pertaining to the sub pable of controlling lateral or vertical movement of whether or not they want to perform their own as- vices. ject of hazardous waste regulation a be strin wastes or waste constituents into surface or ground sessments. If a county declines to perform the local (a) An assessment of the short-term need and the gent than department rules adopmt:Yundmerortehe au waters. hazardous waste t assessment or fails to long-term need for hazardous waste management fa. thority of this chapter. ble of man c0ities in its jurisdiction. (16) Local. regional, and state aasessments &hal (b) Have a foundation or base which is cap" respond within the MeoyeAriod, the regional plan- providing support for structurcs and waste der)0sits ning council shall perform the assessment (f) A plan to eliminate any excess demand for off- be brought up to date at 5-year intervals, based r and capable of preventing foundation or base failure (4) Each county shall designate areas within the site hazardous waste management facilities or ser- the schedule for the initial local assessments. due to settlement, compression, or uplift. county in which a hazardous waste storage facility vices with the local governments in itai jurisdiction, Hlatary@ 25. dL 63-31M & U. Cb. 64,33& (C) Provide for the most economically feasible. may be located. Counties may jointly designate areas with local governments in other jurisdictions, or with cost-effective, and en,6ironmentally safe control of or sites by interlocal agreement. Public hearings shall other regional planning councils. 403.7234 Small quantity generator n l.achaLe, gas, stormwater, and disease vectors and be held to determine the area locations. Each county (9) The department shall: tion program- prevent the endangerment of public health and the shall amend its comprehensive plan, if necessary, in (all. Assemble the regional hazardous waste (1) Each county specified in a. 403.7225k I. environment. order to designate areas for storage facilities. Prefer. management facility needs assessments and deter- (b), and (c) shall send by mail a letter to each an.. ence shall be given to appropriate public lands and mine if the needs of hazardous waste generators will quantity generator, as defined pursuant to federal Open fires shall not be allowed to be used as a means industrial areas as designated on local comprehensive be met by regional hazardous waste storage facilities regulations in 40 C .F.R. a. 261 .5. on the Januar) I of disposal at such landfill. plans. However, this section does not prohibit a coun- or if additional storage, treatment, or disposal facili. preceding the date specified in such paragraphs for Hatory.- a 1,,h :4Mt.. 3.,L7,6 387; a. 14. cb. W-101;,. 63.,h. 83.218. ty from amending its comprehensive plan to desig- ties are needed in the state and, if needed, which re- completion of its hazardous waste assessment; and 33.ch.93310;..32.ch.b4_' nate other areas for this purpose or prohibit con- gions have the greatest need; and the United States Postal Service certificate of mail- struction of a facility on any other locally approved I Submit its determinations to the Legislature. ing shall be retained as proof of mailing. In addition, 403.7225 Local hazardous waste manage, or state-approved site. (b) Prepare a progress report on the development within 14 days after a county completes its hazardous meat assessments- (5) No county may amend its comprehensive plan of each regional hazardous wastamanagement facili. waste assessment, the county shall send such letter to 1) The Legislature recognizes that there is I or undertake rezoning actions in order to prevent at- ty needs assessment and submit such report to the each small quantity generator not notified on the need for estimating the amount, type, and sources of ignated for a hazardous waste stor- Legislature no later than January I of the year in preceding January 1. Thereafter, each county Shan eas from being des hazardous waste generated in the state. There is also age facility. which such plan is due. 11 send such letter on July 1. The letter shalk a need for facilitating proper storage, transportation, (6) The reg ial planning councils shall: (10) The schedule for completion of county haz. "("Ru)' Mail the legal responsibilities of the small ior volume reduction. treatment, resource recovery, and Is) Assist with county hazardous waste manage- ardous waste management plans by region is as fol- quantity generator with regard to proper waste man. disposal .of I hese wastes. Proper management of these ment assessments and area selection procedures; lows: agement practices, including penalties for noncom. wastes Is 11 public b) Coordinate and assemble local hazardous (a) For counties within the geographic areas of pliance. Mperative in order to protect the health, safety, and welfare and the environment. waste management assessments, which shall then the Tampa Bay Regional Planning Council, the (b) Include a list of hazardous waste management (2) The Department of Environmental Regula- constitute a regional hazardous waste management South Florida Regional Planning Council, the North- alternatives which tire available to the small quantity tion shall establish guidelines for local hazardous facility needs assessment, and area selections; east Florida Regional Planning Council, and the East generator. waste management assessments and shall specify a (c) Provide any technical expertise needed by the Central Florida Regional Planning Council and for (2) Within 30 days of receipt of the letter, each standard format. The local hazardous waste manage- counties in developing the assessments; Volusia County; by January 1, 1985. small quantity generator identified in the county as- ment assessments shall include. but not be limited to, (d) Promote local and regional public informs- (b) For counties within the geographic areas of sessment shall disclose its management practices and the identification (,f the following: tion programs for citizens and generators of hazard- the Treasure Coast Regional Planning Council, the the types and quantities of waste to the county gov. (a) All hazardous waste generators within the ous waste; Southwest Florida Regional Planning Council, the ernment. Annually, each county shall verity the man- county, including small quantity generators as de- Is) Review storage facility area selections for the West Florida Regional Planning Council, and the agement practice& of at least 20 percent of the &man 728 729 !q@_7?11__ 198.1 SUPPLEME T TO FLORILM STATUTES 1983 s.403.727 9.403.727 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 9.403.74 quantity generators. The procedure for verification water or ambient water quality prior to the discharge, (a) Knowingly make any false statement, repre- is liable for all costs of removal or remedial action in- used by the county shall be developed by rule by the whichever is higher. However, under no circum- sentation, or certification in any application, record, curred by the department under this section and department within 6 months of July 1. 1983. The De- stances would the subject water have to be restored report, plan, or other document filed or required to damages for injury to, destruction of, or loss of natu- partment of Environmental Regulation may also ver- to a more pure state than ambient water quality prior be maintained pursuant to the provisions of this act; ral resources, including the reasonable costs of as- ify menagement practices of small quantity genera- to the &scharge. (f) Fail to notify the department pursuant to a. f5essin h i ' destruction, or loss resulting to. ti:uc. injury, tors in order to ensure proper management of haz- Uhilory@ A. ch. W3M* & 36. ch. 84-33a. 403.72(2); or rel age or threatened release of a hazardous ardous waste. (g) Refuse lawful inspection. substance as defined in the Comprehensive Environ- (3) Any small quantity generator who does not 403.7264 Amnesty days for purging small (2) In addition to the "imminent hazard" provi- mental Response, Compensation, and Liability Act of comply with the requirements of subsection (2) and quantities of hazardous wastes.-Amnesty days sion, as. 403.121 and 403.131 are available to the de. 1980, Pub. L. No. 96-510. who has received two subsequent certified letters are authorized by the state for the purpose of purging partment to abate violations of this act. (5) The followipl; defenses are available to a per- from the county is subject to a fine of between $25 small quantities of hazardous waste, free of charge, (3) Violations of the Provisions of this act are son alleged to be in violation of this act, who shaU and $100 per day for a maximum of 100 days. from the possession of homeowners, farmers, schools, punishable as follows: Plead arid prove that the alleged violation was solely 29. ch. b3-310. . U 11c 84-31g. state agencies. and small businesses. These entities the suit f any of the following or combination of (a) Any person who violates the provisions of this the followiOng: have no appropriate economically feasible mecha- act, the rules or orders of the department, or the can. (a) An act of war. 403.726 Abatement of imminent hazard nism for disposing of their hazardous wastes at the dition3 of a permit is liable to the state for any dam- (b) An act of government, either state, federal, or caused by hazardous substance- present time. In order to raise public awareness on ages specified in a. 403.141 and for a civil penalty of local, unless the person claiming the defense is a gov- (1) The Legislature rinds that hazardous waste this issue. provide an educationai process, accommo- not more than $50,000 for each day of continued vio- which has been improperly generated, transported, date those entities which have a need to dispose of ernmental body, in which case this defense is ava- disposed of, stored, or treated may pose an imminent small quantities of hazardous waste, and preserve the lation, except as otherwise provided herein. The de, able only by acts of other governmental bodies. hazzard to the public health, safety, anti welfare and waters of the state. amnesty days shall be carried ou. partiment may revoke any permit issued to the viola- (c) An act of God, which means only an unfore- the environment- in the following manner: Lot. In any action by the department against a small seeable act exclusively occasioned by the violence of (2) The department shall take any action neces- (1) The Department of Environmental Regula- hazardous waste generator for the improper disposal nature without the interference of any human agen- set), pursuant to a. 403.121 or a. 403.131 to abate or tion shall administer and supervise amnesty days and of haze dous wastes, a rebuttable presumption of im- cy. substantially reduce any imminent hazard caused by shall contract with a department-approved. bonded proper disposal shall be created if the generator was (d) An actor omission ofa third patty other than a hazardous substance, including a spill into the envi- waste handlin notified pursuant to s. 403.7234; the generator shall an employee or agent of the defendant or other than company for implementation. The ratiment of a hazardous substance. The department waste collecte from the entities named in this see- then have the burden of proving that the disposal one whose act or omission occurs in connection with is authorized to use moneys from the Hazardous tion &hail be transported out of the state for proper was proper. If the generator was not so notified, the a contractual relationship existing, directly or indi- Waste Management Trust Fund or the Water Quali- disposal at a federally approved facility. burden of proving improper disposal shall be placed rectly, with the defendant, except when the sole con- ty Assurance Trust Fund to finance such actions, and (2) The department shall establish maximum upon the department. tractual arrangement arises from a published tariff such expenditures from the fund shaU be recoverable amounts of hazardous waste to be accepted fro an arriage y a in hay (b) Any person who knowingly. and acceptance for c i b common carrier by pursuant to s. 403.725(5) or s. 376.307. one entity during amnesty days. Amnesty days s 11 1. Transports any hazardous waste listed purau- fail, if the defendant establishes by a preponderance (3) An imminent hazard exists if any hazardous continue, at no cost to participants, until funds ap- ant to this act to a facility which does not have's per7 of the evidence that: substance creates an immediate and substantW den, -Eropriated by, the Legislature (o! Pis, put ose, hit * '.@ "I I 1@ .. I @ , @,mittkride S.1403.79-21- 1A I.' 'Thi clefendAr@t exercisdd d6ecari'With respect"' ),human'behlth', Wit " ' ' i i ' ' ' ' ' ' "'' 0' ' ' h i I p .,ve. at gtrlu . I Y, 9fw lrift,dr lo@the envi@.. awex susted: - ' - 2. Disposes of, treats, or stores hazardous waste to the hazardous waste concerned, taking into consid- rh@ The, -di @ rtr@eiit rehy institute action in its (3) The state shall have 6 amnesty days. The ronrr6i Pa at any place but a hazardous waste facility which has eration the characteristics of such hazardous waste, DD own name, using the procedures and remedies of a. schedule for these amnesty days is as follows: a current and valid permit pursuant to a. 403.722; or in light of all relevant facts and circumstances; and 403.121 or 9. 403.131, to abate an imminent hazard. (a) In counties specified in 9. 403.7225(10)(a), 3. Makes any false statement or representation i 2. The defendant took precautions ainst fore- 00 However, the department is authorized to recover a amnesty days shall be held between May 1, 1984, and any hazardous waste application, label, manifest, re n seeable acts or omissions of any such thia,5 party and civil penalty of not mnre than $25,000 for each day of June 30,1984, and between October 1, 1984, and No- ord. report, permit, or other document required tcy against the consequences. that could foresetably re- continued violation. Whenever serious harin to hu- vember 30, 1984. this act sult from such acts or omissions. man health. safety, and welfare; the environment; or (b) In cou 'nties specified in a. 403.7225(10)(b), (6) A generator or transporter of hazardous private or public property may occur prior to comple- amnesty days shall be held between May 1, 1985, and is, upon conviction, guilty of a felony of the third de' wastes who has complied with this act and with the tion of an administrative hearing or other formal pro- June 30,1985, and between October 1, 1985, and No- gree, punishable for the flr@@', -dic nvictionhyaftne applicable rules promulgated under this act and who ceeding whiLh might be initiated to abate the risk of vember 30, 1985. of not more than S5000 for each duay of violation or has contracted for the disposal of hazardous wastes serwus harm. the department may obtain, ex parte, (c) fit counties specified in s. 403.7225(10)(c),am- imprisonment not to exceed 5 years. or both, and with a licensed hazardous waste disposal or process- for ing facility is relieved from liability for thoie wastes an injunction without paying riling and service fees nesty days shall be held between May 1, 1986, and any subsequent conviction by a fine of not more than Pon receipt of a certificate of disposal from the dig- prior to the riling and service of process. June 30,1996, and between October 1, 1986, and No- $100,000 per day of v . . onment of not u (4) The department may implement the provi- vember 30, 1936, 1 iolation or impris posed or processing facility. sions of chapter 386 and ss. 387.08 and 387.10 in its (4) Amnesty days shall be funded on a continuing More than 10 years, or both. (7) A g nerator of hazardous waste who has com- own name whenever a hazardous substance is being basis, as needed, from the Water Quality Assurance (4) In addition to any other liability under this plied with ethis act and with the applicable rules un- generated. transported, disposed of, stored, or treat- Trust Fund. The department is authorized to use up chapter, and subject only to the defenses set forth in der this act and who has contracted for the transpor- ed in violation of those provisions of law. to 5 percent of the funds appropriated for amnesty subsections (5), (6), and (7): 9 tation of hazardous waste to a licensed hazardous (5) The department may issue a permit requiring days for administrative c sta and up to 5 percent of (a) The owner and operator of a facility-, waste facility is relieved of liability to the extent that such funds e 0 (b) Any person who at the time of disposal of any such liability is covered by the insurance or bond of prompt abatement of art imminent hazard. for public clucation related to amnesty hazardous substance owned or operated any facility the transporter obtained pursuant to this act. (6) The department may remove or dispose of days. at which such ha2ardous substance was disposed of; SistarY.-c B. ch. 80-302; s. 10. ch. 62-n; , 35, ch, 83-310, & 39. & 114-338. any hazardous substance which has become an immi- Hi.tary- 34. ch. 93-310'. &. 37. ch. 84-33& (c) Any Person who, by contract, agreement, or nent hazard, or take any other emergency action, when the owner or operator of a hazardous waste fa- 403.727 Violations; defenses, penalties, and other-lse@ arranged for disposal or treatment, Or ar- 403.74 Management of hazardous materials cility or a generator or transporter of a hazardous remedies.- ranged with a trIMSPOTter for transport for disposal by governmental agencies- substance does not take appropriate action to abate ' (1) It is unlawful for any hazardous waste genera- dr treatment. of hazardous substances owned or pos- (1) For the purposes of this section, 'hazardous or neutralize the hazard. tor, transporter, or facility owner or operator to: sessed by such person or by any other party or entity materials' are those substances which are: Where a hazardous substance is discharged (a) Fail to comply with the provisions of this act at any fiicilitY owned or operated by another party or (a) Listed as constituents of waste streams Fool, into waters of the state and abatement action is tak- or departmental rules or orders; entity and containing such hazardous substances; F002, F003, F004. and F005 in 40 C.F.R. s@ 261.31, or en pursuant to this section, the department may re- (b) Operate without a valid permit; and (b) Listed in 40 C.F.R. a. 261.33, including those (4uire that the affected body of water be restored to (c) Fail to comply with a permit; (d) Any, person who accepts or has accepted any substances which are "pesticides' as defined by 's. meet. but not exceed, either the standards estab- (d) Cause, authorize, create, suffer, or allow an hazardous substances for transport to disposal or 487.021(45). lished by department rule for that particular body of imminent hazard to occur or continue; treatment facilitie. or sites selected by such person, (2) Every local, state, or other governmental 730 7:11 b.403.74 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 a. 403.764 403.754 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 403.803 agency b) The quantity of materials received; 403.816 Permits for maintenace dredging of and every institution of the State University hibits the use of used oil for road maintenance pur- deepwater ports. System that disposes of hazardous materials shall; poses, as a fuel, for weed abatement on the user's (c) The date of receipt; and (a) Notify the Department of Environmental property, or for agricultural dust control, unless such (d), The destination or end use of the materials. 403.8163 Sites for disposal of spoil from mainte- Regulation of the type and approximate annual use violates another law or rule or endangers public (6) The department shall perform technical nance dredge opetations: selection. quantity of each hazardous material that is generat- health, However, used oil shall not be used for road studies to sample used oil at facilities of representa- 403.8171 Ratification of Rule 17-4.022, Florida Ad- ed. oiling, dust control, and weed abatement in areas tive used oil transporters and at representative recy- ministrative Code, which additions and (b) Notify the department of the management where sole source aquifers have been designated. cling facilities to determine the incidence of contami- deletions to the vegetation and soil in- practices used for disposal of its hazardous materials. History.--a.58. ch 84.333. nation of used oil with hazardous, toxic, or other dices and with limitations on the deter- (3) Each such agency shall develop written plans mination of landward extent of waters. for the management of the disposal of hazardous ma- 403.753 Public educational program about harmful substances. terial. collection and recycling of used oil.-The depart- History.--a. 60, ch.84.338. 403.803 Definitions.-- When used in this act, (4) Each such agency shall develop plans for spill ment shall conduct a public education program to in- the term, phrase, or word: prevention control and countermeasures for hazard- form the public of the needs for and benefits of col- 403.756 Report to Legislature concerning oil (1) "Branch Office" means a geographical area, ous materials incidents. lecting and recycling used oil and shall: recYcling.-The department shall submit an annual the boundaries of which may be established as a part (5) Hazardous materials which are used by gov- (1) Encourage persons who annually sell at retail, report to the Legislature which summarizes informa- of a district. ernmental agencies in annual quantities of less than in containers for use off the premises, more than 500 tion on used oil collection and recycling, analyzes the (2) "Canal" is a manmade trench, the bottom of 1 kilogram, except for those hazardous materials gallons of oil to provide the purchasers with informs- effectiveness of this act, and makes recommendations which is normally covered by water with the upper which are listed because of reactivity, are exempt tion on the locations of collection facilities and infor- for any necessary changes. edges of its sides normally above water. from this section. mation on proper disposal practices. History.--a. 61. ch. 84-338. (3) "Channel" is a trench, the bottom of which is History.--36, ch. 83.310; a 39. ch. 8.338 (2) Establish, maintain, and publicize a used oil normally covered entirely by water, with the upper Note.--Reference to a 487.021 (43) was substituted by the editors for refer- information center that disperses materials or infor- 403.757 Coordination with other state agen- edges of its sides normally below water. erence to a 487.021; subsection 487.021 (41) was redesignated as subsections (4) "Commission" means the Environmental Regulation 487.021 (45) to a 15. ch 84-338. Mation explaining local, state. and federal laws and cies.-The department shall coordinate it activities Commission. Note.-- Former 521.118. (5) "Department" means the Department of Environmental Regulation. rules governing used oil and informing the public of and functions under ss. 403.75-403.759 and s. 526.01, (6) "District" or "environmental district" means places and methods for proper disposal of used oil. one of the geographical areas, the boundaries of as amended by chapter 84-338, Laws of Florida, with (5) 403.75 Definitions relating to used oil.-As (3) Encourage the voluntary establishment of the Governor's Energy Office and other state agen- which are established pursuant to this act. used in ss. 403.75-403.759 and a. 526.01, as amended used oil collection and recycling programs and pro- cies to avoid duplication in reporting and informa- (7) "Drainage ditch" or "irrigation ditch" is a by chapter 84-338, Laws of Florida, the term: vide technical assistance to persons who organize tion gathering. manmade trench dug for the purpose of draining wa- (1) "Department" means the Department of En- such programs. History.-- 62. ch 84.338. ter from the land or for transporting water for use vironmental Regulation. (4) Encourage the procurement of rerefined auto- on the land and is not built for navigational purposes. (2) "Person" means any individual, private or motive and industrial oils for all state and local uses, 403.758 Enforcement and penalty.- (8) "Environmental disrict center" means the fa- public corporation, partnership, cooperative, associa- whenever such rerefined oils are available at prices (1) Except as provided in subsection (2), the de- cilities and personnel which are centralized in each tion, estate, political subdivision, or governmental that are competitive with those of new oil produced partment may enforce ss. 403.75 403-759 and s. district for the purposes of carrying out the provi- agency instrumentality. for the same purpose. 526.01, as amended by chapter 84-338, Laws of Flori- sions of this act. (3) "Reclaiming" means the use of cleaning meth- History.--59. ch.84-338. (9) "Headquarters" means the physical location ods on used oil primarily to remove insoluble con- da, pursuant to ss. 403.121 and 403. 13 1. of the offices of the secretary and the division direc- taminants, making the oil suitable for further use; 403.754 Registration of persons transport- (2) Any person who fails to register with the de- of the department. the methods may include settling, heating, dehydra- ing, collecting, or recycling used oil; fees; re- partment as required by s. 403.754 and s. 526.01, as (10) "Insect control impoundment dikes" means artificial tion, filtration, or centrifuging. ports and records.- amended by chapter 84-338, Laws of Florida, is sub- structures, including earthen berms, constructed and used (4) "Recycling" means to prepare used oil for re- (1) Beginning July 1. 1985, the following persons ject to a fine of $300. to impound waters for the purpose of insect control. use as a petroleum product by rerefining, reclaiming, shall register annually with the department pursuant History.-s. 63. ch 84-338. (11) "Manager" means the head of an environmental district or mental district or branch office who shall supervise all or other means or to use used oil in a manner that to rules of the department on forms prescribed by it: environmental functions of the department within such substitutes for a petroleum product made from new (a) Any person who transports over public high- 403.759 Disposition of fees, fines, and penal- environmental district or branch office. oil, ways more than 5OO gallons of used oil annually. ties.-The proceeds from the registration fees, fines, (12) "Secretary" means the secretary of the Department of Environmental (5) "Rerefining" means the use of refining pro- (b) Any person who maintains a collection facility and penalties imposed by ss. 403.75-403.759 and s. Regulation. cesses on used oil to produce high-quality base stocks that receives more than 6,000 gallons of used oil an- 526.01, as amended by chapter 84-338, Laws of Flori- (13) "Standard" means any rule of the Department of Environmental Regulation for lubricants or other petroleum products. Rerefin- ually. relating to air and water quality, noise, and solid-waste management. ing may include distillation, hydrotreating, or treat- (c) Any facility that recycles more than 10,000 da, shall be deposited into the Department of Environmental Regulation Trust Fund for the use by the de- (c) Any facility that recycles more than 10,000 ronmental Regulation Trust Fund for use by the de- all envi ments employing acid, caustic, solvent, clay, or other gallons of used oil annually. partment in implementing the provisions of ss. The term "standard" does not include rules of the department which relate chemicals. (2) An electric utility the operations of which 403.75-403.759 and s. 526.01, as amended by chapter exclusively to the internal management of the department, the procedural pro- (6) "Used oil" means any oil which has been re- generate used oil and which used oil is then re- 84-338, Laws of Florida. cessing of applications, the administration of rule-making or adjudicatory fined from crude oil and, as a result of use, storage, or claimed, recycled, or rerefined by the electric utility History.--64. ch. 84.338. proceedings, the publication of notices, the conduct of hearings, or other proce- handling, has become unsuitable for its original pur- for use in its operations is not required to register or dural matters. pose due to the presence of impurities or loss of origi- report pursuant to this section. PART V (14) "swale" means a manmade trench which: nal properties, but which may be suitable for further (3) The department may prescribe a fee for the (a) has a top width-to-depth ration of the cross-section equal to or greater than 6:1, or side slopes use and is economically recyclable. registration required by this section in an amount ENVIRONMENTAL REGULATION equal to or greater than 3 feet horizontal to 1 foot vertical: History. 57. ch 64.388. which is sufficient to cover the cost of processing ap- (b) Contains contiguous areas of standing or flowing water only following a rainfall event; plications but which does not exceed $25. 403.803 Definitions. 403.751 Prohibited actions; authorized uses (4) The department shall require each registered 403.804 Environmental Regulation Comm 733 ission; of used oil.- person to submit, no later than July 1 of each year, a powers and duties. (1)(a) No person may collect, transport, store, re- report which specifies the type and quantity of used 403.809 Environmental districts; establishment; cycle use, or dispose of used oil in any manner which oil transported, collected, and recycled during the managers; functions. endangers the public health or welfare. preceding calendar year, commencing in calendar 403.812 Delegation of functions to water manage- (b) No person may discharge used oil into sewers, year 1985. ment districts. drainage systems, surface or ground waters, water- (5) Each registered person who transports or re- 403.813 Permits issued at district centers; excep- courses, or marine waters. cycles used oil shall maintain records which identify: tions, (2) Nothing in ss. 403.75-403.759 or in s. 526.01, (a) The source of the materials transported or re- 403.814 General permits; delegation. as, amended by chapter 84-338, Laws of Florida, pro- cycled; 403.815 Public notice; waiver of hearings. 732 733 403.803 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s.403.812 8.403,812 1984 S PPLEM ENT TO F (6) Is planted with or has stabilized vegetation establish branch offices for the purpose of making suitable for soil stabilization, storruwater treatment, services more accessible to the citizens of each dis- regulated by the department or a water management district to which the responsibility for stormwater find nutrient uptake, and trict. In the Suwannee River Water Management regulation has been delegated. (d) Is designed to take into account the soil erodi- District, a branch office may serve as the environ- (2) In addition to any function delegated under bility, soil percolation, slope, slope length, and drain- mental district center. By July 1, 1984, the depart- subsection (1), when the secretary determines that a age area so as to prevent erosion and reduce pollutant ment shall collocate part of its permitting operations water management district has the financial and concentration of any discharge. with each of the central offices of the water manage- technical capability to carry out water quality and History. a3, ch. 73-22 & 62, ch 83-310, & 40 ch 84-338., ment districts, and the water management districts other functions of the department, those powers, du- shall collocate part of their permitting operations ties, and functions, or parts thereof, may be contract- 403.804 Environmental Regulation Commis. with each of the district offices of the department. ed or delegated to such water management district. sion; powers and duties.- (2) There shall be a manager for each environ. (1)(a) The commission shall exercise the exclu- mental district who shall he appointed by, and serve Any powers, duties, and functions so delegated shall partment, be carried out in accordance with the rules, regula- ive standard-setting authority of the de t the leasure of, the secretary. The district manag- tions, and standards of the department. Nothing con- except as provided in subsection (2) and ss. 120.54(9) er shall maintain his off-ice in the environmental dis- tained in this act shall be construed to adversely af- and 373.114. The commission may, adopt procedural trict center, which shall be collocated with an office fect or divest any water management district of the rules governing the conduct of its meetings and hear- of a water management district. Each branch office power to levy ad valorem taxes ings. shall have a branch office manager. The water man- (3) A delegation pursuant to this section may be (b) The amendment to this subsection by s. 4, agement districts are encourage to collocate part of rescinded only if the secretary determines that such chapter 80-66, Laws of Florida, shall not affect any Iheir permitting operations with the branch offices of delegation is not being carried out in accordance with appeals pending before the commission or any proce- the department to the maximum extent practicable. the rules of the department. dural rules previously adopted by the Secretary of (3)(a) Under the supervision of the Division of History.s. 6. ch 75-22; s.68, ch. 83-310; s. 5, ch. 54-79 the Department of Environmental Re I tion. Environmental Permitting, all field services and in. (2) The commission shall direct the department spections required in support of the decisions of the to have a study conducted of the economic and envi- department relating to the issuance of permits, li- 403.813 Permits issued at district centers; ronmental impact which sets forth the benefits and cences, certificates, or excemptions shall be accom- costs to the public of any proposed standard that (1) The secretary is authorized to adopt proce- would be stricter or plished at the environmental district center level to dural rules providing for a short-form application for, more stringent than one which the maximum extent practicable. and issuance at the district center of, permits for cer- has been set by federal agencies pursuant to federal (b) The processing of all applications for permit% law or regulation. The commission shall also direct licenses, certificates, and exemptions shall be accom. tain activities. These activities shall include the fol- the department to prepare such a study on any stan- plished at the district center or the branch office, ex- lowing and any others established by rule. lowing and any others established by rule: cept for those applications specifically assigned to (a) Projects not exceeding 10,000 cubic yards of dard existing on July 1, 1975, which sets a stricter or the Division of Environmental Permitting or to the material placed in or removed from the navigable wa- more stringent standard than one which has been set by federal agenciess pursuant to federal law or regula- water management districts under a. 403.812 and ters of the state; tion. All such studies shall be submitted to the Gov- (b) Dockage or marina facilities not exceeding those applications assigned by interagency agreement 30,000 square feet of submerged lands; ernor and Cabinet no later than March 1, 1976. Such as provided in this act. However, the secretary, as studies as are provided for in this paragraph shall be (c) wseawalls or similar structures not exceed- submitted to the commission, which shall initially head of the department, may not delegate to district ing 500 linear feet of shoreline; adopt the standards. Final action shall be or subdistrict managers, water management districts (d) The installation of buoys, signs, fences, ski by the or any unit of local government the authority to acti ramps, and fish attractors by the Florida Game and Governor and Cabinet who shall accept, reject, mod- on the following types of permit applications: Fresh Water Fish Commission: ify, or remand for further proceedings the standard I Certification of National Pollution Discharge (e) The installation of subaqueous transmission within 60 days from the submission. Such review Elimination Sy tern permits pursuant to Pub. L. No. and distribution lines laid on, or embedded in, the shall be appelate in nature. Hearings shall be in ac- 92-500, s. 401. 8 bottoms of waters of the state carrying water, elec- cordance with the provisions of chapter 120. 2. Construction of major air pollution sources. tricity, communication cables, oil, and gas, except as a 3) The commission shall establish priorities 3. Certifications under the Florida Electrical exempted by paragraph (m) or paragraph (n) of sub- have final state approval on applications for and dis- Power Plant Siting Act or the Transmission Line Sit- section (2); and I bursements of, federal and state grants for the con- ing Act. (f) The performance, for 10 years from the issu- I, struction of wastewater or water treatment works. In History.qTu -22,.67. ch. 83-310, & 42. ch. 84-338. & 75 establishing priorities for state grants under this act cf. - 403.501 - 403.517 Florida Electrical Power Plant Siting Act ance of the original permit, of maintenance dredging an application shall not receive a lower priority solely 403.52-403.536 Transmission Line Siting Act of permitted navigation channels, port harbors, turn- qe because the proposed project includes reserve capaci- ing basins, and harbor berths. The Trustees of the d ty for which the incremental costs will be paid by the 403.812 Delegation of functions to water Internal Improvement Trust Fund may fix and re- r applicant in accordance with s. 403.1826 (6). management districts- cover from the permittee an amount equal to the dif- a History I '. 1.h 7F, 4. S. h @' f4i 2 Nch. 6i 110. 6 41. Is, M 31ppp The department may delegate, to those water ference between the fair market value and the actual management districts that it rinds to be financially cost of the maintenance dredging for material re- and technically capable of implementing the delega- moved d ring such maintenance dredging. However r 03.809 Environmental districts; establish. tion, its powers and duties pertaining to the adminis- no charge shall be exacted by the state for material c qp ment; managers; functions- tration of its "Regulation of Stormwater Rule." When removed during such maintenance dredging by a (1) The secretary shall establish environmental the stormwater rule is delegated to a water manage- public port ub authority. The removing party may sub- qt districts. The boundaries of the environmental dis- ment district, the department shall not require a per- sequently sell such material. However, proceeds from I tricts shall coincide with the boundaries of the water mit for dredge and fill activities that are required for such sale that exceed the costs of maintenance dredg- management districts, and a water management dis- the connection of stormwater management facilities ing shall be remitted to the state and deposited in the trict I may he divided into more than one environmen- to waters and that are incidental to the construction Internal Improvement Trust Fund. tal district. The secretary has the authority to adjust of such facilities. For the purposes of dredge and fill (2) No permit under this chapter, chapter 373, or the environmental district boundaries upon a deter- regulation, waters do not include those contained cha pter 253, chapter 61-691, Laws o f Florida, or mination that exceptional circumstances require such within artificially constructed stormwater treatment chapter 25214 or chapter 25270. Laws of Florida, adjustment in order to more properly serve the needs and conveyance systems that are designed solely for 1949, shall be required for activities associated with of the public or the environment. The secretary may the purpose of stormwater treatment and that are Ilie following types of projects; however, nothing in B 734 'his subsection relieves an applicant from any re- T 8q48q0 735 a.403.813 1984 .SUPPLEMENT TO FLORIDA STATUTES 1983 s.403,814 a.403.814 1984 SUPPLEMENT TO FLORIDA STATUTES 1983 s. 403.19 gineers for construction or maintenance dredging of transmission and distribution lines laid on, or em- of its general permit authority to the district offices (a) On a self-contained, upland spoil site vw the existing manmade canal or intake or discharge bedded in, the bottoms of waters of the state. of the department or to water management districts. will prevent the escape of the spoil material intc structure. such maintenance dredging shall be limit- (o) The construction of private seawalls in waters (4) Notwithstanding the procedures set forth in waters of the state; ed to a depth of no more than 5 feet below mean luw of the state where such construction is between and subsections (1) and (2), the department may specify (b) In a spoil disposal area permitted unde water. The Trustees of the Internal Improvement adjoins at both ends existing seawalls, follows a con- by rule alternative notice procedures for certain ac. 403.061(24). 403.087, and 1253.124; or Trust Fund may fix and recover from the permittee tinuous and uniform seawall construction line with tivities which are of a routine and 'live nature (c) In a federally authorized ocean disposal of an amount equal to the difference between the fair the exist' seawalls, is no more than 150 feet in and which are an integral part tur.1 activi. beyond the territorial limits of the state. length, 2does not violate existing water quality ties or silvicultural activities or are activities of an- market value and the actual cost of the maintenance an (3) The provisions of a. 253.77 do not Ipp!y dredging for material removed during such mainte- standards, impede navigation, or affect flood control. other state agency. permit for maintenance dredging and spoil site nance dredging. However, no charge shall be exacted Ho%v wer, this shall not affect the permitting require- 10118wry- 9. ch, 50 64; c IZ ch. 92-27; & 7. ch. U-79. proval when there is no change in the size or toca by the state for material removed during such main- ments of chapter 161. of the spoil disposal site and when the applicant, tenance dredging by a public port authority. The re- (p) The restoration of existing insect control im- 403.815 Public notice; waiver of hearings. vides documentation to the department that the moving party may subsequently sell such material; a which are less than 100 feet in -The department may publish or by rule require the propriate lease, easement, or consent of use for poundment dike project site issued pursuant to chapter 253 is however, proceeds from such sale that exceed the length. Such imigoundmentii shall be connected to ap,plicant to publish, or the applicant may elect to costs of maintenance dredging shall be remitted to e Nab, in a newspaper of general circulation in the orded in the county where the project is located. tidally influence waters for 6 months each year be- are the state and deposited in the Internal Improvement ng February 28 if feasi- Pu a affected, notice of application for a permit sub- (4) The provisions of this section apply oril Trust Fund. ginning September 1 and endi with an impoundment mitted under this chapter or chapter 253. The notice the port waters, poil disposal sites, port haA ble or operated in accordance 5 The maintenance of existing insect control management plan approved by the department. A of application shall be published within 14 days after navigation channels, turning basins, and hal structures, dikes, and irrigation and drainage ditches, dike restoration may involve no more dredging than the application is file with the department. Not- berths used for deepwater commercial natigatio provided that spoil material is deposited on a self- is necessary to restore the dike to its original deal withstanding any provision of a. 120.60, the depart- the ports of Jacksonville, Tampa, Port Evergla contained, upland spoil site which will prevent the specifications. For the purposes of this paragrapT, ment may publish or by rule require the applicant to Miami, Port Canaveral, FL Pierce, Palm Beach, I escape of the spoil material into waters of the state. restoration does not include maintenance of im- publish, or the applicant may elect to publish, in a Manatee, Port SL Joe, Panama City. St. Petersb poundment dikes of operating insect control im. -wspaper of general circulation in the area affected, In the case of insect control structures, if the cost of ne and Pensacola. using a self-contained upland spoil site is so exces- notice of proposed agency action on any permit ap- Mowry- 3. S. ChL BI-= L & ch- 54-79. sive, as determined by the Department of Health and poundments. plication submitted under this chapter or chapter 'N".-Soccica 253124 - p.W bY L Is,& 84-711. Rehabilitative Services, pursuant to a. 403.088(l), (3) The provisions of subsection (2) are super- 253. The department shall require the applicant for 403.8163 Sites for disposal of spoil fif that it will inhibit proposed insect control, then exist- seded by general permits established pursuant to a. 'a permit to construct or expand a solid waste facility tification 403.814 which include the same activities. Until such maintenance dredge operations; selection- ing spoil sites or dikes may he used, upon n to publish such notice. The notice of proposed agency the intent of the to the department. In the case of insect conorol where time as general permits are established, or should action shall be published at least 14 days prior to fi. dr@tftturc t po, 2 t: lands created upland spoil sites are not used pursuant to this ex- general permits be suspended or repealed, the ex- nal agency action. The 90-day time period ifi d spoil or used as a be given prio a used to emptions under subsection (2) shall remain or shall 8?te emption, turbidity control devices shall b ins. 120.60(2) shall be tolled by the request, I@c,de. consideration as sites for disposal of spoil in mab c?nfine the spoil material discharge to that area pre- be reestablished in full force and effect. dredge operations. History- 7. ch. 73-22;& 1,L3. cb. 77-104; & C &7 18.9k, & 1. CL 76 146; L pertinent for publication of notice of proposed agen- '"cc vioUsly disturbed when the receiving body of water is 96 Ch- 345; L 1. Ch. 80-41; L L ch, lc@W; & 3. ch, 82-ft L 6. & U-Ift & 65, cy action and shall resume 14 days after receipt by 131M.17- 43,d, 84.3a used as a potable water supply, is designated as shell- Z@ 63-218, . 60. h. 53-31&. . 43. ch. 64-M& the department of proof of publication. However, if a 403.8171 Ratification of Rule 17-4.022, F fish harvesting waters, or functions as a habitat for petition is filed for a proceeding pursuant to 9. Ids Administrative Code, with additions ar, 1110 commercially or recreationally important shellfish or 403.814 General permits; delegation- 120.57, the time period3 and tollin provisions of a. finfish. In all cases, no more dredging is to be per- (1) T'he secretary is authorized to adopt rules ea- 120.60 shall apply. The cost of pub! ication of notice letions to the vegetation and soil indice. with limitations on the determination of i@ formed than is necessary to restore the dike or irriga- tablishing and providing for a program of general under this section shall be paid by the applicant. The ward extent of waterS.-Pursuant to s. 403a tion or drainage ditch to its original design specifica- permits under chapters 253 and 403 for projects, or secretary may, by rule. specify the format and size of the Legislature ratifies the rule adopted on Janu tions. categories of projects, which have, either singly or cu- such notice. Within 14 days after publication of no- 25, 1984, by the Environmental Regulation Comr. (h) The repair of existing pipes for the purpose of mulatively, a minimal adverse environmental effect. tice of proposed agency action, any person whose sion with the following changes: discharging storm water runoff. substantial interests are affected may requed a hear- (1)(a) In Rule 17-4.022(2), Florida Adminisi (i) Such rules shall specify design or performance The construction of private docks and seawalls criteria which, if applied, wiai"@ @:iult in compliance ing in accordance with a. 120.57. The failure to re- Live Code, the following shall be removed: Blechn in artificially created waterways where such construe, est a hearing within 14 days after publication of latum; Carex leptalea; Carex stipata; Ca, @ing water quality standards, with appropriate standards adopted by the commis- qu tion will not violate exisl sion. Except as provided for in subsection (2), any notice of proposed agency action constitutes a waiver serru impede navigation, or affect flood control. aquatica; Conricarpus erectus; Cratacgus viridis; i (j) The construction and maintenance o person complying with the requirements of a general of any right to a hearing on the application under a. modocea filiformis; Cypcrus odoralus; Dich@o,n, f swales. permit may use the permit 30 days after giving notice 120.57. P.; Dryopteris ludoviciana; Gleditsia aqua6 (k) The installation of aids to navigation and to the department without any agency action by the If 10, ch. 80 66; 1 13. ch. 92-27; , 44. ch. 84-33& Y, . .. buoys associated with such aids. provided the devices Note.-Ths word.', P-11 Wo wmsubstiluW by thoodi@ f. th. -d ratiola romosa; Holodule beaudettei; Hyperic are marked pursuant to a. 327.40. department. fasciculatum; Illicium floridanum; Liriodendi (1) The replacement or repair of existing open- (2) The department may publish or by rule re- tulipifera in all counties south of Taylor, Lafaye tr stle foot bridges and vehicular bridges that are 100 quire the applicant to publish, or the -applicant may 403.816 Permits for maintenance dredging Suwannee. Columbia, Baker, and Duval; Lyropus feet or less in length and two lanes or less in width, elect to publish, in a newspaper of general circulation of deepwater ports.- bellus; Myrica inodora; Osmunda spp.; Panicum provided that no more dredging or filling of sub - in the area affected, notice of application for a gener- (1) The department shall establish a permit sys- pens; Panicum virgatum; Pluchea spp.; Polvgala merged lands is performed other than that which is al permit. If published, such public notice of applies- tem under this chapter and chapter 253 which pro- mosa; Populus deltoides; Rhexia, all species exc necessary to replace or repair pilings and that the tion shall be published within 14 days vifter the appli- vides for the performance, for up to 25 years from the R. alifanus, R. lutea, R. mariana, R. petiolata, an( structure to be replaced or repaired is the same cant not ifies the department; and, within 21 days af- issuance of the original permit, of maintenance virginica; Sobatio bartrarriii; Sarracenia spp-; S length, the same configuration, and in the same loca- ter publication of notice, any person whose substan- dredging of permitted navigation channels, port bar- izachyrium rhizomatum; Sestivium maritimum; tion as the original bridge. No debris from the origi- tial interests are affected may reques t a hearing in bors, turning basins, and harbor berths. No charge suvium portulacastrum; Spartina spp.; Thalaa nal bridge shall be allowed to remain in the waters of accordance with a. 120.57. The failure to request a shall be exacted by the state for material removed testudinum; and Woodwardia spp. the state. hearing within 21 days after publiciltion of notice during such maintenance dredging by a public port (b) In Rule 17-4.022(2), Florida Administrat (in) The installation of subaqueous transmission constitutes a waiver of any right to a hbaring under a. authority except as provided in a. 403-813(t)(f). Code, the following shall be added; Afuhlenber and distribution lines laid on, or embedded in, the 120.57. If notice is published, no person shall begin (2) Disposal of spoil material resulting from capillaris; Atuhleribergia schreberi; Osmunda reg(. bottoms of waters in the state, except in Class I and work pursuant to a general permit until after the maintenance dredging of deepwater navigation chan- Rhexia parvillora; Rhexia salicifolia; and Sparti Class 11 waters and aquatic preserves, pro all species except S. bakerii. vided no time for requesting a hearing has passed or until after nels, port harbors, turning basins, or harbor berths dredging or filling is necessary. a hearing is held and a decision is rendered. shall be exempt from the requirements of a. 253.124 (2)(a) In Rule 17-4.022(3), Florida Administ tn) The replacement or repair of subaqueous (3) The department is authorized to delegate any when spoil material is to be removed and deposited: live Code, the following shall be removed: Acer s@ 7:36 737 TO FLORIDA STATUTES 1983 a.403.853 s.403.853 1984 SUPPLEMENT TO FL Baccharis halimifolia; Carya glabra in all counties state. The burden for determining the surveyed flood other than restaurants or other public food service west of Dixie, Gilchrist, and Columbia, Cliftonia line shall be with the party wishing to use this alter- establishments, and using ground water as a source of monophylla; Cyrilla racemiflora; Liriodendron native. Notwithstanding *the above, for waters which supply, the department, or a local county health unit tulipifera in all counties north and west of and in- are saline or brackish, or for rivers the major sources designated by the department, shall perform a sani- cluding Taylor, Lafayette, Suwannee, Columbia, Ba- of flow of which are from springs, the landward ex- tary survey of the facility. Upon receipt of satisfacto- ker, and Duval; Melaleuca quinquenervia; Muhlen- tent of waters shall be demarcated solely by Rule 17- survey results according to department criteria, bergia spp.: Rhexia alifanus; Rhexia lutea; Rhexia 4.022, Florida Administrative Code. The provisions the department shall reduce the requirements of Mariana; Rhexia petiolata; Rhexia virginica; Sabal of this subsection shall not operate to reduce the such owner or operator from monitoring and report- palmetto; Schinus terebinthifolius; and Ulmus spp. landward extent of the jurisdiction of the department ing on a quarterly basis to performing these functions (b) In Rule 17-4.022(3), Florida Administrative as such jurisdiction existed prior to January 24, 1984. on an annual basis. Any revised monitoring and re- Code, the following shall be added; Acer rubrum; History.-s. 9, ch. 54-79. porting schedule approved by the department under Acer saccharinum; Acer negundo; Blechnum ser- this subsection shall apply until such time as a viola- rulatum; Carex leptalea; Carex stipata; Carya aqua- PART VI tion of applicable state or federal primary drinking tica; Conorarpus erectus; Crataegus viridis; Cyperus water standards is clete mined by the system owner odoratus; Dichromena spp.; Dryopteris ludoviciana; DRINKING WATER or operator, by the department, or by an agency des- Gleditsia aquatica; Gratiola ramosa; Hypericum fas- ignated by the department, after a random or routine ciculatum; Illicium floridanum; Liriodndron 403-853 Drinking water standards. sanitary survey. Certified operators are not required tuliptifera; Lycopus rubellus; Myrica inodora; Os- 403.8635 State d irinking water sample laboratory for noncommunty water systems of the type and size munda cinnamomea; Panicum repens; Panicum vir certification program. covered by this subsection. Any reports required of gatum; Pluchea spp.; Polygala cymosa; Populus del- such system shall be limited to the minimum as re- toides; Rhexia, all species except R. parvqiflora and R. 403.853 Drinking water standards- quired by federal law. When not contrary to the pro- salicifolia; Sabatia bartramii, Sarracenia spp,; Sch- (1) The department shall adopt and enforce: visions of federal law, the department may, upon re- izachyriurn rhizomatum; Sesuvium maritimum; Se- (a)l. State primary drinking water regulations quest and by rule, waive additional provisions of suvium portulocastrum, Spartina bakerii; Ulmus, all that shall be no less stringent at any given time than liking water regulations for such systems. species except U. rubra; and Woodwardia spp. the complete interim or revised national primary (7) Unless otherwise required by federal act, the (3) In Rule 17-4.022(l)(d), Florida Administra- drinking water regulations in effect at such time; and department may require testing of public water &up- tive Code, the following sentences shall be added. 'If 2. State secondary drinking water regulations ply systems only for those contaminants for which both parties agree to use more than one stratum, the patterned after the national secondary drinking wa- maximum contaminant levels have been set by the administrator or the department or for which the following methods for a combination of strats shall ter regulations. be used in a manner to ensure thai sufficient repre, (b), United States Environmental Protection Agency or the department has established correlation between sentative data will be generated. The methods de- lations for noncommunity water systems, which shall a 11 tant concentration and human health effects. scribed in subparagraphs (c) 1.,2., and 3. shall be be no more stringent than the corresponding national Vesting for contaminants for which these correlations used for the appropriate strata. The percentages ob- primary or secondary drinking water regulations in tained shall be added and the sum divided by the effect at such time. have been established shall be required for communi number of strata examined. The number generated (2) Subject to the exceptions authorized pursuant ty water supply systems every 3 years, except when by this procedure shall be substituted for areal extent to s. 403.854, state primary drinking water regula- concentration levels or unusual conditions warrant in paragraph (a) or paragraph (b) above. When a tions apply to each public water system in the state, more frequent monitoring. combination of strata is used, the following shall be except that such regulations do not apply to any pub- History. -a.4. ch 77-337;s.1. ch 79-358; s. 45, ch. 84-338. added to Rule 17 -4.022(2), Florida Administrative lic water system which meets all of the following Code: Blechnum serrulatum, Carex leptalea, Carex criteria; namely. that the system: 403.8635 State drinking water sample labo- stipata. Crataegus viridis, Osmunda spp., Pluchea (a) Consists of distribution and storage facilities ratory certification program- spp., and Wooduardia spp. Concurrently the follow- only and does not h collection or treatment (1) In addition to certifying laboratories pursuant ing shall be added to Rule 17-4.022(3). Florida Ad. facilities; to:;. 403.863, the Department of Health and Rehabil- ministrative Code: Asonopus furralus, Flaveria spp., (b) Obtains all of its water from, but is not owned itative Services is authorized to establish a periodic Metopium toxiferum, Myrica cerifera, Sabal minor, or operated by, a public water system to which such certification and a program for laboratories and Sympoleos tinctoria. regulations apply; that perform analyses of drinking water sample&, (4) Cliftonia monophylla, Cyrilla racemiflora, (c) Does not sell water to any person; and which program will assure the acceptable quality, re- Melateuca quinquenervia. Sabal palmetto, and (d) Is not a carrier which conveys passengers in liability, and validity of all testing result Schinus terebinthifolius shall not be considered sub- interstate commerce.' (2) The Department of Health and Rehabilitative merged, transitional. or upland species. In areas vege- (3) The department shall adopt and implement Services has the responsibility for the operation and tated by any of these five species, the department adequate rules specifying procedures for the enforce- implementation of laboratory certification pursuant shall determine the landward extent of waters using ment of state primary an secondary drinking water to this section, except that, upon completion of Ile the remaining plant species or other indicators of reg. regulations, including monitoring and inspection pro- evaluation and review of an application for laborato- ular and periodic inundation as provided in Rule 17- cedures. that comply with regulations established by ry certification, the evaluation shall be forwarded, 4.022(1), Florida Administrative Code. the administrator pursuant to the federal act. along with recommendations, to the Department of (15) In all areas of the state, the landward extent (4) The department shall keep such records and Environmental Regulation for review and comment of waters shall be demarcated bv Rule 17-4.022, Flor- make such reports, with respect to its activities under prior to final approval or disappro al. ida Administrative Code; however, in no case shall subsections (1) and (3), as may be required by regula- (3) The Department of Health sand Rehabilitative the landward extent of such waters extend above the tions established by the administrator pursuant to Services is authorized to charge and collect fees for elevation of the 1-in- 10 year recurring flood event or the federal act. Such records and reports shall be the evaluation and certification of laboratories pursu- the area of land with standing or nowing water for available for public inspection. ant to this part. The fee schedule shall be based on more than 30 consecutive days per year calculated on 15) No state primary drinking water regulation the number of analytical functions for which certifi- an average annual basis. whichever is more landward. may require the addition of any substance for pre- cation is sought. Such fees shall be sufficient to meet The extent of the flood line shall be developed by sp- ventive health care purposes unrelated to the con- the costs incurred by the Department of Health and propriate engineering techniques. and a description tamination of drinking water. Rehabilitative Services in the administration and op- of the surveyed line shall be prepared and certified (6) Upon the request of the owner or operator of eration of this program. All fees shall be deposited in y a professional land surveyor registered in this a noncommunity water system serving businesses, a trust fund administered by the Department of 7 FLORIDA STATUTES 1983 s. 582.18 January preceding the election, but prior to the 92nd without permit. - (Amended by s. 1, ch. 84-847, and day prior to the date of the first primary. Each peti- transferred to s. 596.50.) tion shall be submitted, prior to noon of the 92nd day preceeding the first primary election. to the supervisor 581.211 Penalties for violations. -Any person of elections of the county for which such petition was . The supervisor of elections shall check the chapter, of the rules made hereunder, or of any notice signatures on the petition to verify their status as given putsuant hereto; who forges, counterfeits, re- electors in the district. Prior to the first date for moves, destroys, disguises, or wrongfully or improp- qualifying, the supervisor of elections shall determine erly uses any tag, certificate, permit, or written agree- whether the required single-county signatures have ment provided for in this chapter or in the rules been obtained; and he shall so notify the candidate made pursuant hereto; or who interferes with or ob. In the case of a multicounty candidate, the supervi structs any director or authorized representative of sor of elections shall check the signatures on petition the department in the performance of his duties hall and shall, prior to the first date for qualifying for of- be deemed guilty of a misdemeanor of the first de- fice, certify to the Department of State the number gree, except that any person who imports from other shown as registered electors of the district. The De- mit from the Division of Plant Industry, plants or partment of State shall determine if the required propagative plant parts of the subfamily Auranti- number of signatures has been obtained for multi- oideae (after Swingle and Reese which includes all county candidates and shall so notify the candidate. species of citrus) is guilty of a felony of the third de- If the required number of signatures has been ob- gree. and any person who has in his possession such tained for the name of the candidate to be placed on unauthorized imported plants or propagative plant the ballot, the candidate shall, during the time pre- parts shall be deemed guilty of a misdemeanor of the scribed for qualifying for office in a. 99.061, submit a first degree, punishab as provided in s. 775.082, s. copy of the notice to, and file his qualification papers 775.083, or s. 775.084. with, the qualifying officer and take the oath pre- History. -s.11, ch. 12291, 1927; CGL 7854; s. 22, ch. 59-261; s. 600, ch 71- scribed in s. 99.021 136;s 3, ch. 76-95; s. 4, ch.76-72; s. 10, ch. 79-158;; s. 6,ch 50-41;s.6,ch. 84-355. (b) Each nominee who collects or expends cam- Note.- Former s. 581.09. paign contributions shall conduct his campaign for 581.212 Handling of moneys received.--All supervisor or a soil and water conservation district in moneys received by the department under the provi- accordance with the provisions of chapter 106. Candi- sions of this chapter, other than appropriated funds, shall be depostied in the State Tresury to the credit dates who neither receive contributions nor make ex- of the Plant Industry Trust Fund and shall be used penditures, other than expenditures for verification of signatures on petitions, are exempt from the provi- by the department to defray its expenses in carrying sions of chapter 106 requiring establishment of bank out the duties imposed on it by this chapter. accounts and appointment of a campaign treasurer, History.s. 2.ch. 65.539; s. 3. ch. 84-50; s. 7. ch. 84.355. but shall file periodic reports as required by a. 10607. (c) The names of all nominees on behalf of who such nominating petitions have been filed shall a pear upon ballots in accordance with the general ele- tion laws. All qualified electors residing within the CHAPTER 582 district shall be eligible to vote in such election. The candidates who receive the largest number of the SOIL AND WATER CONSERVATION votes cast from each group of candidates, as provided in a. 106.071, in such election shall be the elected su- 582.18 Election of supervisors of each district. pervisors from such group for such district. In the case of a newly created district participating in a reg- 582.18 Election of supervisors of each dis- ular election for the first time, three groups of candi- trict.- dates shall he elected for terms of 4 years, and two (1) The election of supervisors for each soil and groups shall be elected for initial terms of 2 years. water conservation district shall be held every 2 Each candidate elected shall assume office on the years. The elections shall be held at the time of the first Tuesday after the first Monday in January fol- general election provided for by a. 100.041. The office lowing the election. of the supervisor of a soil and water conservation dis- (2) After the issuance of a certificate of organiza- trict is a nonpartisan office. and candidates for such tion of a soil and water conservation district by the office are prohibited from campaigning or qualifying Department of State, or in the event of a vacancy re for election based on party affiliation. (a) Each candidate for supervisor for such dis- sulting from death, resignation, removal, or other wise, each vacancy shall be filled by appointment by trict shall be norminated by nominating petition sub- the remaining supervisors of the district until the scribed by 25 or more qualified electors of such dis- next regular election. trict. Candidates shall obtain signatures on petition History. 0. A 10141,1937; s. 4. ch. 19473. 1939; CGL 1940 Supp. forms prescribed by the Department of State and 4114771.2.ch 20011. W0. ch. 67;207; ch. 10, 14, 35, Ch 9 lud; 1 ch. 72;114; a.2, ch 74 2, ch. 78;261 a. 42. ch 302. furnished by the appropriate qualifying officer. In multicounty districts, the appropriate qualifying offi- cer is the Secretary of State; in single-county dis- tricts, the appropriate qualifying officer is the super- visor of elections. Such forms may be obtained at any time after the first Tuesday after the first Monday in 0 FLORIDA ADMINISTRATIVE CODE FLORIDA COASTAL MANAGEMENT PROGRAM REGULATIONS 0 0 9 4 Ca I&I ARTMENT OF NATURAL. RESOURCES ADMINISTRATIVE PROCEDURES CH. 16-1 0 16-1.05 Delegations of Authority by the Attorney General, or to defend suit in the name (3) In addition to the Ons listed in OF THE Governor and Cabinet. of the Department. Subsection (1), the Governor and Cabinet have DEPARTMENT OF NATURAL (1) The Governor and Cabinet, as head of (1) To settle claims, actions, causes of action and may from time to time in the future RESOURCES the Department or as the Board of Trustees of and legal proceedings brought against the approve additional delegations to the the Internal Improvement Trust Fund, has Department or its employee acting within the Executive Director or other staff when CHAPTER 16-1 delegated authority to act in the following scope of his/her employment. Such settlement adopting other rules of the department. A ADMMISTRATIVE PROCEDURES areas to the Executive Director or his designee: shall be limited to $25,000. person interested in a particular program (a) To approve the transfer of (in) To notify state attorneys, sheriffs or should review the specific rules of that PART I GENERAL PROVISIONS appropriations pursuant to 216.292, Florida other law enforcement agencies of activity in program. Statutes. violation of state lawordepartment ruieswhcn Spccirj(, Authurity 370.021(2) FS. Law 16-1.01 Agency Description. (b) To administer personnel rules for such violation is beyond the capacity of the Implemented 20.05, 120.53(4) FS. History-New 16-1.02 Reserved. career service employees and persons paid department to halt or prosecute. 11-3-80, Amended 9-14-81. 16-103 Reserved. from OPS and to administer personnel actions (n) To accept donations and gifts of 16-1.06 Reserved. 16-1.04 Reserved. for employees exempt from the career service property or grants of money on behalf of the 16-1.05 Delegations of Authority by the system. Department in compliance with the law, 16-1.07 Reserved. Governor and Cabinet. (c) To add, delete, transfer authorized provided suth gifts are unencumbered and 16-1.08 Reserved. Reserved. positions within each budget entity in have no impact on any other agency of the state. -.@ervcd. accordance with 216.262 and 216.141, Florida (o) To respond in behalfof the Department 16-1.09 Reserved. -1.08 ..,erved. Statutes. to petitions riled pursuant to 120.54 and @4.09 Reserved. (d) To administer travel and per them 120.57(l) and (2), Florida Statutes, and to 16-1.10 Reserved. 6-1.10 Reserved. expenses of public officers, employees and issue declaratory statements pursuant to 16-1.11 Reserved. 5-1.11 Reserved. authorized persons on official business, 120.565, Florida Statutes. ,4-1.12 Reserved. pursuant to 112.061, Florida Statutes. (p) To approve member-ships in 16-1.12 Reserved. 16-1.13 Reserved. (e) To negotiate, execute and enter into professional and other organizations in which 16-1.13 Reserved. 16-1.14 Reserved. contracts and agreements, except as provided state funds appropriated to the Department 16-1-15 Reserved. in subparagraph (h), required for operation of will be used in payments or dues pursuant to 16-1.14 Reserved. 16-l.'6 Rmrvcd. the Department or to carry out programs 216.345, Florida Statutes. 16-1.17 Reserved. approved by the Legislature or Governor and (q) To initiate all rule-making. 16-1.15 Reserved. Reserved. Cabinet, except, however, this delegation shall (r) To perform other such functions as may 16-1.16 Reserved. @4.19 Reserved. exclude awards of commodity contracts by the be necessary to supervise, direct, conduct and [email protected] Official Reporter. Department of General Services. administer the day-to-day duties of the 16-1.17 Reserved. (f) To expend appropriated funds and Department as authorized by law or by rules 16-1.18 Reserved. \0 PART I GENERAL PROVISIONS make purchases including capital outlay to and policies adopted by the Governor and Cn 164.01 Agency Description. carry out day-to-day operations of the Cabinet. 16-1.19 Reserved. (1) The Department of Natural Resources Department. However, all purchases over (s) To convene complaint review bonds, 16-1.20 Official Reporter. is a state agency of the executive branch of the $25,000 which are not made from a state select members of such boards, serve notice and The reporter published by the judicial and State of Florida authorized by Section 20.25, contract established by the Department of otherwise exercise authority related to duties Administrative Research Associates, Inc., shall General Services shall be reported at least in 112.532, Florida Statutes, in Departments Florida Statutes. The Department of Natural quarterly. which have law enforcement officers assigned. be the official reporter of the department for Resources also carries out the staff functions (g) To execute contracts and orders (2) When a matter which is the subject ofa orders issued following proceedings pursuant for the Board of Trustees of the Internal approved by or on behalf of the Governor and delegation approved in Subsection (1) becomes to 120.57, Florida Statutes. Orders' issued improvement Trust Fund pursuant to Cabinet. controversial or when extraordinary events other than those arising from proceedings Chapter 253, Florida Statutes. (h) To contract for consultant and arise concerning a delegated action, that matter Pursuant to 120.57, Florida Statutes, shall be (2) The Governor and Cabinet arc the professional services up to $25,000, However, shall be brought before the Governor and riled in a central rile in the Executive Office of agency head for the Department of Natural selection of consultant and professional Cabinet for their decision. Final action on all the department. Resources and sit as the Board of Trustees of services, other than sole source, shall be by department actions which result in a Specific Authority 370.021(l) FS. Law the Internal Improvement Trust Fund. The Implemented 20.25 FS. and 120.53(4) FS. procedures set forth in the Consultants Recommended Order being issued pursuant to Histary-New 11-3-80. Governor and Cabinet, in each of these Competitive Negotiations Act or other 120.57, Florida Statutes, shall be taken by the capacities, may exercise all of those Powers lished by Governor and Cabinet. delegated to agency heads pursuant to Section competitive selection process cstab 20.25, Florida Statutes. rule. SpecificAuthority 370-21(l) FS. Law Implemented (i) To enter into leases of real property for 20.25 FS. Hislory-New 11-3-80. departmental operations. 0) To designate appropriate officials or 16-1.02 Reserved. employees to act as custodian of the records of the Department, to accept service of process on 16-1.03 Reserved. behalf of the Department or Executive 16-1.04 Reserved. Director in accordance with law. (k) To bring suit in the name of the Department and in consultation with the 4 5 APPLICATION FOR COASTAL CONSTRUCTION PEkMITS C111'. 16B:-24 RULES material physical effect on existing coastal OF THE conditions or natural shore processes. DEPARTMENT OF NATURAL (6) "Emergency" means any unusual RESOURCES incident resulting from natural or unnatural causes which endangers the health, safety, or DIVISION OF MARINE RESOURCES resources of the residents of the State including damages or erosion to any shoreline resulting CHAPTER 16B-24 from a hurricane storm or other such violent RULES AND PROCEDURES FOR disturbances. (7) "Erosion control structures" means any APPLICATION FOR COASTAL CONSTRUCTION PERMIM groin, jetty, mole, breakwater, seawall, revetment, artificial nourishment or other 16B-24.01 suope. deposition of beach material or other structure 16B-24.02 Definitions. if of a solid or highly impermeable design, 16B-24.03 General Prohibitions. when same is located, or is proposed to be 16B-24.04 Exemptions (reserved). located upon sovereignty lands of Florida, 16B-24.05 Procedure to Obtain a Coastal below the mean high-water line of any tidal Construction Permit; water of the state. Application. (8) "Person" mean any person, firm, 16B-24.06 Consultation. corporation, county, municipality, township, 16B-24.07 Processing Procedure. special district or any public agency. 16B-24.08 Coastal Construction Permit (9) "Coastal construction permit" is the Conditions. legal authorization to engage in or conduct any 16B-24.09 Time Limits on Coastal construction, operation, modification or Permits. expansion of any erosion control structure. (10) "Applicant" means any person who 16B-24.01 Scope. The scope of this rule is has applied or is in the process of applying, for to - implement Section @ 161.041 and 161.051 a coastal construction permit. Florida 'Statutes, in the, establishment -of (I 1), "Permit condition" mcan� a statement of stipulation issued'with a permit with which dc@artmenta'l ' policies aad' procedures for applying for any coastal construction permit compliance is necessary for continued validity -id (he conditions placed on such permits, of the permit. 0% pursuant to the general authority contained in General Authority 161.041, 370.021, 161.021 FS. S-ction 370.021(l), Florida Statutes. Law Implemented 161.041, 370.021(l), 161.021 Cencral Authority 161.041, 370.021, 161.051 FS. FS. History-New 7-3-75. Law implemented 161.041. 370.021(l), 161.051 1615-24.03 General Prohibitions. No FS. His(ory-New 7-13-75. erosion control structure shall be installed, 16B-24-02 Definitions. When used in this constructed, operated, maintained, expanded rule, the following words shall have indicated or modified without a valid permit issued by meaning unless the context clearly indicates the Department unless the Division E otherwise: determines the activity does not fall in the (1) "Department" means the State of requirements of Section 161.04 1, Florida Florida Department of Natural Resources. Statutes. (2) "Division" means the Division of General Authority 161-041, 370.021 FS. Law Marine Resources of the Department. Implemented 161-041, 3 70.021 (i), FS. (3) "Bureau"meanstheBureauofBeaches Hisfory-New 7-13-75. and Shores of the Division. 16B-24.04 Exemptions (Reserved). (4) "Beach and shore preservation", 16B-24.05 Procedure to Obtain a erosion control, beach preservation and t hurricane protection", "beach erosion control" Coastal Construction Permit; Application. and "erosion control" includes, but is not (1) Any person desiring to obtain a coastal limited to erosion control control, hurricane construction permit from the Department shall protection, coastal flood control, shoreline and submit an application to the Bureau of Beaches offshore rehabilitation and regulation of work and Shores, Department of Natural and activities likely to affect the physical Resources, Tallahassee, Florida 32304, which condition of the beach or shore. shall contain the following specific (5) "Coastal construction" includes any information: work or activity which is likely to have a (a) Name, address aglekne number of applicant or his duly a1w d agent. 47 CH. 1611-24 *EPARTMENT OF NATURAL RESOURCES APPLICATION FOR COASTAL CONSTRUCTION PERNIffili. I GB-24 (b) Statements describing the proposed seaward of thannelward extremity of the structure. Thirty (30) calendar days shall be it) surrounding propef 'e proves to erosion control structure(s), The problem, its structure(s). Elevations should be referenced to allowed for response to the public notice. be undesirable or becomes unnecessary. causes and the expected effect of the proposed National Geodetic Vertical Datum. (4) Upon expiration of (he public no(ire Adjusimeni, alteration, or removal required erosion structure(s) on the problem and on (d) Details of construction, including and after due consideration of comments under -this provision, shall be accomplished by adjacent and neighboring property. materials to be used. received in response to that notite, the the perminee at not cost to the State of Florida. d) Obstruct or impair the use of the beach (2) The application shall lie accompanied (7) The applicant shall provide to the applicant and all persons who have filed by a location map for use in public notices. Department, a list of the names and addresses objection to [lie proposed erosion tontrol by the public in the area seaward of the mean This map shall be on either letter size or legal from the latest county tax roll, of owners of all structures will be notified by mail (if the high water only to the extent determined by the size paper showing the location of each riparian property within 1,000 feet of the recommendation which will be made to the Department to be unavoidable. proposed erosion control structure(s) to proposed construction. Executive Board of the Department (Governor (c) Hold and save the State of Florida, the approximate scale and the shoreline for at least (8) Separate applications shall be made for and Cabinet) and the date, time and place Department, its officers and employees 1,000 feet beyond the proposed erosion control unrelated projects involving noncontiguous when the recommendation will be heard. The harmless from any damage to persons or structure(s). The following information shall parcels of upland property. joint applications applicant anddl interested parties may appear property which might result from the work, be shown on the location map. may be made in cases of related construction andlor be represented at that time and make activity, or structure permitted. (a) Name of applicant, involving contiguous parcels of upland their pw:tions known to the Executive Board (f) Provide the Department with an (b) Section, township, and range in which property. of the I --partment. acceptable surety bond in an amount specified -he subject property is located. (9) The department may require such (5) 1 the proposed project is not acceptable by the Department to insure the adjustment, (c) Location by town and county. additional information as is reasonably to the E." ireau, the applicant will be so notified alteration or removal should the Department (d) Name of water body. necessary for pi@oper evaluation of an and giv;:n an opportunity to modify his plans to determine that such adjustment, alteration or (e) Brief work description or title of project. application. make them acceptable. removal is necessary prusuant to the provisions (f) General identifying landmarks. (10) The Department may waive any of the (6) If, for some reason, the applicant of Section 161.061, Florida Statutes. Said (g) Legend or tables to identify graphic above requirements if in the opinion of the cannot, or does not elect to modify his plans to surety bond is to remain in effect for such a objects. Department such information is not necessary such an extent that they are acceptable to the period of time as specified by the Department. (h) Date. for a proper evaluation of the proposed work. Bureau, then upon request ofthc applicant, the The Department may waive the requirement (i) Scale and north arrow. General Authority 161.041, 370.02 FS. Law Bureau will proceed to carry out the for surety bond. (3) The applicant shall provide the Iffilil"Inetiled 161.041, 370.02(2) FS. procedures as described in 3 and 4 above, in the (g) Furnish, to the Department, upon Department with evidence of his ownership Hisiory-New 7-13-75. same manner as for the approved project. completion of the permitted construction, Georral Authority 161.041, 370.021(l) FS. Law certification by a professional engineer, and legal descripLion of the property seaward IM-24.06 Consulltation@ The applicant, Implemented 161.041, 370.021(1) FS- registered in the State of Florida, that the or channelward of which (he erosion control or his agent, may consult with the Department History-New 7-13-75. construction has been completed and that it is structure(s) is or proposed to be located. If the Staff concerning the operation, construction, applicant is not the property owner, the expansion, or modification of any erosion 16B-24.08 Coastal Construction permit acceptable and satisfactory in accordance with the plans and specifications approved by the applicant shall provide the Department wiAh a control structure(s), - -however, any Conditions. duty executed statement from the owner. of representation by the Department Staff shall (1) The formal permit will be issued by the Department. record consenting to the proposed erosion not relieve any person of any requirement of Department S(aff upon approval by the General Authority 161.041, 161.051, 161,061, control structure(s). 370021 FS. Law Implemented 161.041, 161.051, the Beach and Shore Preservation Act or Executive Board of the Department (Governor 161'061, 370.0210) FS. Hisfory-New 7-13-75. (4) Except for coastal construction permit Department Rules. and Cabinet). applications from duly constituted General Authority 161.041, 370.021 , FS. Law (2) By accepting the permit, the applicant 16B-24.09 Time Limits on Coastal governmental units, all permit applications Implemented 161.041, 370.021 FS. History-Ne- agrees to: Permits. shall be accompanied by a $100.00 fee made 7-13-75. (a) Construct, operate or modify the (1) The Department may place a payable to the Department of Natural i erosion control structure in accordance with reasonable time limit on coastal construction Resources. This application fee is charged to 168-24.07 Processing Procedure. the plans and specifications filed with the permits after taking into consideration the (1) Applications will be checked for offset the cost of processing of the application completeness. If the required information has Department as a part of the application for the complexity of the proposed work. for the. permit and is nonreturnable. not been submitted the Department shall permit. (2) The Department will give due (5) An estimate of the construction starting notify the applicant that sufficient information (b) Comply with any permit conditions consideration to reasonable requests in writing date and completion date. imposed by the Department. for an extension of time limits, specified in the (6) A set of construction plans and for processing is lacking and shall allow a (c) Adjust, alter or remove any structure or permit. reasonable time for submission of the necessary specifications for the erosion contrai information. other physical evidence of the work or activity General Authority 16041, 370-021 FS. Law structure(s), certified to, by a professional (2) An office review of the proposed permitted, as directed by the Department, if in Implemented 161.041, 370.021(l) FS_ engineer registered in the State of Florida, and construction will be made, and indicated by the the opinion of the Department, the structure, History-New 7-13-75. containing but not limited to the following: work or activity in question results in damage (a) Plan view of structure(s) with mean nature of the project, a field investigation will high and mean low water line extending at he conducted. least too feet on each side of proposed (3) If the proposed project is acceptable to structure(s). the Bureau, public notice will be mailed to (b) Elevation view of structure(s) with owners of record of the riparian property within one thousand feet (1,000) of the mean sea level, mean high water and mean low proposed construction, and to such other water indicated. persons or agencies as are known to be (c) Profile of beach at proposed structure(s) interested in the proposed erosion control from dune crest to at least 100 feet beyond the 68 69 'OASTA 0 CH. 16B-23 DEPARTMENT OF NATURAL RESOURCES C L C NSTRUCTION AND EXCAVATION CIL 16B-25 RULES of the setback line. Va 1613-25.05 Procedure to Obtain Datum. OF THE (6) "Variance condition" means a riance; Application. (b) Elevations of the lowest floor and the DEPARTMENT OF NATURAL statement or stipulation issued with a variance (1) Any person desiring to obtain a first dwelling floor. RESOURCES with which complian- is necessary for variance from the Department shall submit an (c) Details and justification for any continued validity of the variance. application to the Bureau of Beaches and proposed waste water discharge onto, over, ICES General Authority 161.05Z 161.033. 370-021 FS. Shores, Florida Department of Natural under or across the beach and/or dunes, DIVISION OF MARINE RESOUR Law lmplemcnsed@ 161.052, 161.053, 370.021(t) Resources, Tallahassee, Florida 32304, which including but not limited to storm water FS. Ilistory-New 7-13-75. shall contain the following information: runoff, swimming pool drainage or air CHAPTER 16W25 (a) Name, address, and telephone number conditioner cooling water discharge. RULES AND PROCEDURES FOR 1611-23.03 General Prohibitions. COASTAL CONSTRUCTION AND (1) No person shall make any excavation or of the applicant or his duly authorized agent. (3) For those counties in which a setback. EXCAVATION place any structure seaward of the setback line (b) The applicant shall provide the line has been established, under the provisions except as provided in Section 161.052(2) or Department with evidence of his ownership of Section 161.053, Florida Statutes, therc is on 16B-2S.01 Scope. 161.053(2), Florida Statutes. and legal description of the property for which file with the Department storm tide data and Definitions. (2) In addition to 16B-25.03(l) above, in the variance is requested. If the applicant is not some data on shoreline stability. For most ';B-25.02 those counties in which a setback line has been the property owner, the applicant shall provide projects, these data will be sufficient to satisfy -.03 General Prohibitions. the Department with a duly executed the requirements of Section 161.053(2)(a), .04 Exemptions. established, under the provisions of Section statement from the owner of record consenting Florida Statutes, for such data and such data .05 procedure to Obtain Variance; 161.053, Florida Statutes, no person shall to the work, activity, or construction for which need not be filed by the applicant. Should the Application. remove any beach material, or otherwise alter the variance has been requested. applicant have additional data which he wishes 16B-25.06 Consultation. existing ground elevations, drive any vehicle (c) A statement that the proposed work or to file, it will be evaluated. On the more 16B.25.07 Processing Procedure- on, over, or across any sand dune; or damage or activity does not violate any local setback complex projects for which variances are 16B-25.08 Variance Conditions. cause to be damaged such sand dune or the ordinances. requested, additional storm tide and shoreline 16B-25.09 Time Limits on Authorized vegetation growing thereon except as provided (d) Statements describing the proposed stability data may be required. Variances. in Section 161.053(2), Florida Statutes. work or activity and specific reasons why the (4) The Department may require such General Authority 161.05Z 161.053, 370-021 FS. 16B,_ 5.01 Scope. The scope of this rule is Law Implemented 161.052 161.053, 370-0210) applicant feels that the variance should be additional information as is necessary for .2 granted. proper evaluation of an application. to implement Sections 161.OS2 and 161.053, FS- His"Ory-New 7-1375- (e) Thc,,application shall be accompanied (5) The Department may waive any of the Florida. Statutes. in setting forth, the - 16B-23.04 Exemptions. by. a. recent topographic survey of the property above requirements if in the opinion of the requiremcnisa nd procedures relating, to (1) The following types of construction in question certified by. a Iand,,surveyor @or Department, *4ch i nforma@ ion,is,rkotlneM@ gary, *t, coastal, construdtion, and ohcr activitics, wo)rk,,&? actiWty4i6nof@ de@med '-@o cohaitut -;@glstiereii in 'thi @iate of"Ootida and'* 1or chgiheer a proper evaluation of the proposed Work or j,setbac ine 'Orkicedurei fbr "material alteration", as specified in Section of, k I' -, showing the following information: activity. @,o procming requests for variances and the 161.053(5), Florida Statutes, and therefore no 1. The approximate location and the General Authority 161.052, 161.053, 370.021 FY conditions placed on such variances pursuant permit, waiver, or variance from the 00 elevation of the mean high water line on the Law Implemcnied 161.052, 161.053, 370.021(1) to the general authority contained in Section Department is required under Section subject property. FS. History-New 7-13-75. 370.021(l), Florida Statutes. 161.052(2) or 161,053(2), Florida Statutes: 2. The location of the setback line for the 16B-25.06 Consultation. The applicant, General A ushority 3 70-021, 161.052, 16 1. 053. FS. (a) Modification, maintenance or repair to full width of the subject property. or his engineer any consult with the Law implemented 370.0210), 161-052, 161053 any existing structure within the limits of the 3. Plot plan of existing structures and the Department Staff concerning any Fs. mistory-New 7-13-75. existing foundation which does not require, proposed construction or activity showing the construction, expansion, modification, or 1613,25.02 Definitions. When used in this involve or include any addition to, repair, or significant distances from the proposed activity seaward of the SBL, however, any Rule, the following words shall have the modification of the existing foundation of that construction or activity to the setback line. representation by the Department Staff shall indicated meaning unlew the context indicates structure. Specifically excluded from this 4. If the variance is requested under the not relieve any person of any requirement of otherwise: exemption are seawalls and any additions or provisions of Section 161.052(2)(b), Florida he Beach and Shore Preservation Act or (1) "Department" means the State of enclosures added, constructed, or installed Statutes, or Section 161.053(2)(b), Florida Department Rules. Florida Department of Natural Resourccs. below the first dwelling floor or lowest deck of Statutes, the survey shall show the existing General Authority 161.052, 161.053, 370.021 F.S. (2) "Person" means any person, firm, the existing structure- structures that are considicred to have Law Implemented 161.052, 161.053, 370.021(l) corporation, county, municipality, township, (b) Minor, temporary, excavation, such as established the construction line. FS. History-New 7-13-75. for the installation ofutilities, provided that the 5. Variances requested under the special district or any public agency 16B-25.07 Processing Procedure. (3) "Applicant" means any person who has ground surface is returned to its approximate provisions of Section 161.053, Florida (1) Application will be checked for applied or is in the process of applying, for a pre-cxcavation elevation and that the area of Statutes, shall specify the distance and variance under the provisions of Sections excavation disturbance is re-vegetated with a direction from the property in question to the completeness. If the required information has 161.052 and 161.053, Florida Statutes. suitable type of vegetation.' Specifically nearest setback line permanent reference not been submitted, the Department shall (4) "Setback Line" (SBL) means the line excluded from this exemption are excavation monument and the number of that monument. notify the applicant that sufficient information seaward of which construction or excavation is for, or installation of, any outfall lines (2) Variance requests which involve for processing is lacking and shall allow a prohibited under f either discharging fluids onto, over, under or across reasonable time for submission of the necessary the provisions o proposed construction shall be accompanied by Section 161.052, Florida Statutes, or Section the beach and/or dunes. construction plans which provide at least, but information. 161.053, Florida Statutes. General Authority 161.05Z 161.053, 370.021 FS. are not limited to the following information: (2) An office review of the proposed work (5) "Variance" means the authorization Law implemented 161.05Z 161-053, 370.0210) (a) Cross sections of all sub-grade or activity will be made, and if indicated by the by thiiftFtment to perform certain specified FS. History-New 7-13-75. construction or excavation with elevations nature of the proje d investigation will workWvity in a specified location seaward referenced to National Geodetic Vertical be conducted. 71 CH. 16B-201 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 If sed project is acceptab -tivity authorized (3) IC to (c) Conduct the work or a( RULES the Bureau, the applicant will be notified by under the variance in such a way as to mail of the recommendation which will be -minimize the adverse impact upon the OF THE made to the Executive Board of chc beach-dune system, DEPARTMENT OF NATURAL UTIBACM LM Department (Governor and Cabinet) and the (d) Hold and save the State of Florida, the RESOURCES 960-26-01 De"pliam off Jge watem date, time and place when the recommendation Department, its officers and employees comay Co-w conartwioa c.@,Irw will be heard. The applicant and any harmless from any damage to persons or DIVISION OF MARINE RESOURCES Rim. interested persons may appear and/or be property which might result from the work, (1) IMere is hereby estaWished. prsw., represented at that time and make their activity or structures authorized under the CHAPTER IGB-26 to Section 16LO53. Flogaida Statute$, the position known to the Executive Board of the variance. Walton ClmnlY Coastal Corutrimion Department. (e) Furnish to the Department, upon SETBACK LINE Control Line. The legal description It said line is attached hereto. (4) Of the proposed project is not acceptable completion of the authorized work, activity or .1 611-26@0 I Description of the Walton (2) 716 rule amndment shall take effect to the Hureau, the applicant will be so notified construction, certification by a professional county Coastal Construction 20 da)-s after filing with the Florida andgi,,vnanopportunitytomodifyhisplansto engineer, registered in the State of Florida, that Setback Line. Department of State or on he &IC that it ig make them acceptable. the construction has been completed and that it 1613-26.02 Description of the Escambia duly recorded in the public records in he (5) If, for some reason, the applicant is acceptable and satisfactory in accordance County Coastal Construction SW- Of the Clcrk Of the Circuit Court, in and cannot, or does not elect to modify his plans, to with the plans and specifications approved by Setback Line. for Walton County. Florida I Cthff with .=:@14 such an extent that they arc acceptable, the the Department. 1611-26.03 Description of the Okalow, each affected snunicipalily,' ir is then, upon request of the applicant, General Authority 161-041, 161.052, 161.053, County Coastal Construction later. occed to carry out the procedures as 370-021, 161-051 FS. Law Implemented 161.041, Control Line (Range 31 (3) After this rule wittendmew becoffft -ed in 3 above. 161.052, 161.053, 370.021(l), 161.051 FS. through Range 50). effectift, 11 POW, to after. eaciivatt or Gent. if Authority 161.052, 161.053, 370.021 FS. History-New 7-13-75. 1613-26.04 Description of the Duval construct OD Property teaward of the CuAblildwil control line is required (mm the Law Implemented 161.052, 161.053, 370.021() 16B-25.09 Time Limits on Authorized County Coastal Construction FS. History-New 7-13-75. Variances. Setback Line. 4WCific Auth-hy 37dov(l) FS. Ljw 16B-25.08 Variance Conditions. (1) The Department may place a 16B-26.05 Description of the Nassau AvIleaftwed 16LO55 F1 ffist@_Xew (1) The formal variance will be issued by reasonable time limit on variances after taking County Coastal Construction 5-13-74 Amen" i2.2941 Setback Line. the Department Staff, upon its approval by the into consideration the . complexity of the I METES AND BOUNDS Executive Board of the Department (Governor proposed work or the nature of the activity 1611-26-06 Description of the Charlotte DESCRIPTION FOR THE COASTAL and Cabinet). authorized. Unless otherwise specificd, the County Coastal Construction CONSTRUCTION CONTROL LINE (2) Byacceptingthevariance,theapplicant time limit on variances shall be six (6) months Setback Line. WALTON COUNTY. FLORIDA 1611-26.07 Description of the Lee Count Dtscri ' acanw agrees to: for initiation of construction with completion y PUM Construction control (a) Carry out the work or activity for which within eighteen (18) months. Coastal Construction Setback Ku CuaWshed in compliance with Section the variance was granted; in accordance with (2) The Department will give due Line. 161-OS3. Florida StatutM said cogung fine the plans and specifications filed with the consideration to reasonable requests in writing 1613-26.08 Description of the Manatee Gulf of Mexico coast ("m for an extension of the time limit. County Coastal Construction M and Walton County Line Bureau as a part of his application and General Authority 161.052, 161.053, 370.021 FS. Setback Line. C"erly to the Walton county and Bay approved by the Executive Board of the Law Implemented 161.052, 161.033, 370.021(i) 16B-26.09 Description of the Sarasota I CAM-n Y Line. Department. FS@ History-New 7-13-75. (b) Comply with any conditions imposed County Coastal Construction upon the variance by the Department. Control Line. 16B-26.10 Description of the Palm Beach County Coastal Construction Control Line. 16B-26.1 I Description of the Pinellas County Coastal Construction Control Line. 72 16b-26.01 1984 ANNUAL SUPPLEMENT Said coastal construction control line is sec. E a distance of 1095.04 feet to a point, distance of 1042.05 feet to a point; Thence S 71 deg. 53 min. 56 sec. a distance of related to a series of "Premanent Reference said point being N 76 deg. 10 min. 17 sec. E, 74 deg. 32 min. 56 sec. E a distance of 560.22 1031.51 feet to a point; Thence S 72 deg. 27 Monuments" (P. R. M.) designated and 317.292 feet from "P. R. M." 60-70-A06; feet to a point; Thence N 27 deg. 05 min. 30 min 15 sec. E a distance of 1030.91 feet to a hereinafter referred to as National Geodetic Thence S 78 deg. 43 min. 45 sec. E a distance sec. E a distance of 252.52 feet to a point; point; Thence S 72 deg. 13 min. 56 sec. E a Triangulation Staions, Gillis, Mule, of 1153.02 feet to a point; Thence S 78 deg. 18 Thence S 64 deg. 20 min. 46 sec. E a distance distance of 1035.28 feet to a point; Thence S Thompson, High and Point Washington min. 46 sec. E a distance of 1128.69 feet to a of 281.50 feet to a point; Thence S 10 deg. 27 72 deg. 23 min. 35 sec. E a distance of 938.89 East Base as established by National point; Thence S 78 deg. 02 min. 22 sec. E a min. 35 sec. E a distance of 223.09 feet to a feet to a point, said point being S 70 deg. 08 Geodetic Survey and Department of distance of 958.15 feet to a point; Thence S 78 point; Thence S 70 deg. 33 min. 15 sec. E a min. 46 sec. W, 365.170 feet from "P. R. M." Transportation Geodetic Stations, deg. 13 min. 16 sec. E a distance of 946.70 distance of 76084 feet to a point; Thence S 71 60-70-A16; 60-76-A01 through 60-76-A40, 60-70-E01 feet to a point; Thence S 76 deg. 12 min. 55 deg. 24 min. 28 sec. E a distance of 1018.17 Thence S 70 deg. 50 min. 57 sec. E a distance and 60-70-E03 and 46-70-D13 through sec. E a distance of 970.38 feet to a point, said feet to a point, said point being S 41 deg. 20 of 201.54 feet to a point; Thence N 77 deg. 06 46-70-D10 as establishe by the Department point being N 01 deg. 29 min. 41 sec. W, min. 45 sec. W, 170.212 feet from "P. R. M." min. 22 sec. E a distance of 522.94 feet to a of Transportation, State of Florida, said 1020978 feet from "P. R. M." 60-76-A07; 60-70-A12; point; Thence S 84 deg. 03 min 23 sec. E a monuments are coordinated on the Florida Thence S 78 deg. 08 min. 51 sec. E a distance Thence S 71 deg. 42 min. 25 sec. E a distance distance of 578.86 feet to a point; Thence S 22 State Plane Coordinate System, North Zone. of 1085.57 feet to a point; Thence S 77 deg. 15 of 1025.70 feet to a point; Thence S 74 deg. 06 deg. 53 min. 37 sec. E a distance of 187.65 Commence at "P. R. M." 60-70-A03; min. 39 sec. E a distance of 1079.30 feet to a min. 16 sec. E a distance of 1023.61 feet to a feet to a point; Thence S 63 deg. 37 min. 34 Thence N 61 deg. 35 min. 49 sec. W a distance of 970.12 feet to a point; Thence S 76 point; Thence S 72 deg. 52 min. 57 sec. E a sec. E a distance of 988.10 feet to a point distance of 195.024 feet to the point of deg. 43 min. 43 sec. E a distance of 1008.43 distance of 1014.25 feet to a point; Thence S Thence S 07 deg. 47 min. 19 sec. W a distance beginning; feet to a point; Thence S 78 deg. 21 min. 27 72 deg. 48 min. 02 sec. E a distance of 623.21 of 129.13 feet to a point; Thence S 69 deg. 40 Thence N 81 deg. 32 min. 51 sec. W to the sec. E a distance of 906.77 feet to a point, said feet to a point; Thence N 16 deg. 13 min. 42 min. 34 sec. E a distance of 931.22 feet to a point of intersection with the Walton and point being N 61 deg. 11 min. 58 sec. W, sec. E a distance of 66.20 feet to a point; point; Thence S 70 deg. 05 min. 47 sec. E a Okaloosa County Line; said point being the 427.802 feet from "P. R. M." 60-76-A08; Thence S 72 deg. 03 min. 08 sec. E a distance distance of 1051.68 feet to a point, said point westerly terminus of the coastal construction Thence S 76 deg. 34 min. 38 sec. E a distance of 607.04 feet to a point; Thence S 71 deg. 55 being N 47 deg. 22 min. 25 sec. W, 1540106 control line for Walton County; Thence of 1244.61 feet to a point; Thence S 76 deg. 20 min. 15 sec. E a distance of 314.79 feet to a feet from "P. R. M." 60-76-A17; return along the same course to the point of min. 70 sec. E a distance of 879.37 feet to a distance of 69.11 feet to a point; Thence S 70 Thence S 72 deg. 34 min. 00 sec. E a distance beginning; point; Thence S 76 deg. 03 min. 08 sec. E a deg. 20 min. 24 sec. E a distance of 816.77 of 1090.39 feet to a point; Thence S 68 Thence S 81 deg. 32 min. 51 sec. E a distance distance of 1069.78 feet to a point, said point feet to a point, said point being S 58 deg. 04 04 min. 41 sec. E a distance of 651.20 feet to a of 1139.43 feet to a point; Thence S81 deg. 25 being N 63 deg. 21 min. 45 sec. W 491.759 min. 59 sec. E, 480.298 feet from "P. R. M." point; Thence S 68 deg. 45 min. 42 sec. E a min. 09 sec. E a distance of 954.02 feet to a feet from "P. R. M." 60-76-A09, 60-70-A13. distance of 476.40 feet to a point; Thence S 68 point. Thence S 81 deg. 13 min. 32 sec. E a Thence S 76 deg. 23 min. 12 sec. E a distance Thence S 70 deg. 06 min. 32 sec. E a distance deg. 34 min. 36 sec. E a distance of 883.22 distance of 1187.85 feet to point, said point of 780.59 feet to a point; Thence N 68 deg. 46 of 1129.60 feet to a point; Thence S 70 deg. 05 feet to a point; Thence S 68 deg. 27 min. 49 being N 66 deg. 21 min. 29 sec. W, 94.288 min. 33 sec. E a distance of 225.82 feet to a min. 20 sec. E a distance of 1065.69 feet to a sec. E a distance of 630.00 feet to a point; feet from "P. R. M." 60-70-E01; point; Thence S 74 deg. 01 min. 37 sec. E a point; Thence S 70 deg. 48 min. 41 sec. E a Thence S 14 deg. 41 min. 12 sec. W a distance Thence S81 deg. 17 min. 18 sec. E a distance distance of 213.49 feet to a point; Thence S 43` distance of 1103.03 feet to a point, said point of 214.96 feet to a point; Thence S 85 deg. 59 of 913.75 feet to a point; Thence S 80 deg. 15 deg. 14 min. 39 sec. E a distance of 209.09 being S 35 deg. 47 min. 14 sec. E, 395.229 feet min. 28 sec. E a distance of 432.11 feet to a min. 00 sec. E a distance of 1156.37 feet to a feet to a point; Thence S 74 deg/ 20 min. 56 from "P. R. M." 60-76-A14; point, said point being N 67 deg. 45 min. 47 point; Thence S 79 deg. 21 min. 18 sec. E a sec. E a distance of 660.57 feet to a point; Thence S 70 deg. 19 min. 01 sec. E a distance sec. E, 269.721 feet from "P. R. M." distance of 930.79 feet to a point, said point Thence S 74 deg. 19 min. 11 sec. E a distance of 1014.65 feet to a point; Thence S 71 deg. 28 60-80-A18-2; being S 74 deg. 01 min. 16 sec. E, 348.339 feet of 1049.85 feet to a point; Thence S 74 deg. 30 min. 59 sec. E a distance of 1052.74 feet to a Thence S 86 deg. 21 min. 02 sec. E a distance from "P. R. M." 60-76-A04; min. 02 sec. E a distance of 1007.60 feet to a point; Thence S 71 deg. 04 min. 22 sec. E a of 956.63 feet to a point; Thence S 86 deg. 36 Thence S 79 deg. 39 sec. E a distance point, said point being N 62 deg. 38 min. 07 distance of 959.48 feet to a point; Thence S 70 min. 15 sec. E a distance of 463.57 feet to a of 2155.38 feet to a point; Thence S 78 deg. 47 sec. W, 550.245 feet from "P. R. M." deg. 15 min. 37 sec. E a distance of 1032.54 point; Thence S 39 deg. 25 min. 07 sec. E a min. 27 sec. E a distance of 944.76 feet to a 60-70-A10; feet to a point, said point being N 53 deg. 14 distance of 1008.30 feet to a point; Thence S point, said point being N 85 deg. 24 min. 48 Thence S 72 deg. 33 min. 06 sec. E a distance min. 44 sec. W, 219.552 feet from "P. R. M." 69 deg. 16 min. 38 sec. E a distance of 817.79 sec. E, 301.591 feet from "P. R. M." of 1011.03 feet to a point; Thence S 75 deg. 00 60-76-A15; feet to a point; Thence S 69 deg. 12 min 14 60-70-E03; min. 24 sec. E a distance of 1039.72 feet to a Thence S 70 deg. 21 min. 20 sec. E a distance sec. E a distance of 1006.15 feet to a point; Thence S 79 deg. 44 min. 44 sec. E a distance point; Thence S 74 deg. 49 min. 42 sec. E a of 727.96 feet to a point; Thence N 64 deg. 33 Thence S 69 deg. 59 min. 17 sec. E a distance of 986.57 feet to a point; Thence S 79 deg. 34 distance of 1003.54 feet to a point; Thence S min. 49 sec. E a distance of 328.48 feet to a of 1072.47 feet to a point. said point being N min. 35 sec. E a distance of 1053.17 feet to a 74 deg. 37 min. 31 sec. E a distance of point; Thence S 69 deg. 59 min. 00 sec. E a 67 deg. 59 min. 29 sec. W, 260.439 feet from point, said point being S 74 deg. 13 min. 20 1024.42 feet to a point; Thence S 74 deg. 32 distance of 643.40 feet to a point; Thence S 21 "P. R. M." 60-76-A19; sec. E, 341.600 feet from "P. R. M." min. 14 sec. E a distance of 988.61 feet to a deg. 37 min. 22 sec. E a distance of 236.67 Thence S 69 deg. 52 min. 12 sec. E a distance 60-70-A05; point, said point being N 74 deg. 35 min. 50 feet to a point; Thence S 67 deg. 52 min 10 of 1004.00 feet to a point; Thence S 69 deg. 54 Thence S 79 deg. 02 min. 09 sec. E a distance sec. E, 171.185 feet from "P. R. M." sec E a distance of 287.13 feet to a point; min. 09 sec. E a distance of 991.19 feet to a of 1015.54 feet to a point; Thence S 79 deg. 21 60-76-A11; Thence S 68 deg. 00 min. 58 sec. E a distance point; Thence S 70 deg. 22 min. 09 sec. E a min. 27 sec. E a distance of 1038.57 feet to a Thence S 73 deg. 19 min. 22 sec. E a distance of 1008.52 feet to a point; Thence S 71 deg. 19 distance of 1009.03 feet to a point; Thence S point; Thence S 79 deg. 18 min. 04 sec. E a of 1049.91 feet to a point; Thence S 73 deg. 13 min. 02 sec. E a distance of 1040.07 feet to a 70 deg. 01 min. 25 sec. E a distance of distance of 1010.81 feet to a point; Thence S min. 40 sec. E a distance of 1012.48 feet to a point; Thence S 71 deg. 59 min. 24 sec. E a 1022.39 feet to a point; Thence S 69 deg. 27 79 deg. 15 min. 21 sec. E a distance of 983.51 point; Thence S 74 deg. 23 min. 05 sec. E a distance of 1037.03 feet to a point; Thence S min. 14 sec. E a distance of 1041.63 feet to a feet to a point; Thence S 78 deg. 58 min. 36 point; Thence S 69 deg. 13 sec. E a and 60-70-E03 an46-70-d 1984 ANNUAL SUPPLEMENT distance of 999 39 feet to a point, said point of 913.95 feet to a point; Thence S 54 deg. 14 1 49 sec. min. tance of 966.19 feet Thence pec Ip@ R. NJ." point; Thence S 64 deg. 22 2ps .In, n with the Wal Thence 5 69 deg. 24 min. 07 sec. E a distance distance of 2S9.t, said point ray County Line of 10 10. 60 feet to a poi ng. 18 b d58 sec. E, 6 easterly terminus of pn being S 86 deg 49 min 48 sec W. 238 364 min. 00 sec. E a distance of 966.19 feet to a point, said point being N 81p5 Thence S 64 deg. a distance feet from "P.R.M" 60-76-A20; point; Thence S 64 deg. 22 min. 42 sec. E a Thence S 69 deg 24 min 07 sec E a distance distance of 259.04 feet to a point, said point of 1010.60 feet to a point; Thence S 69 deg 18 being S 74 deg. 51 min. 58 sec. E 646.558 feet dS 69 deg. 33 distance of 996.76 feet to a point; Thence S 65 min. 34 sec E a distance of 1124.12 feet to a 16Bn of the Es point, being S 21 d feet to a point, said point being S 01 deg. 03 Cy Coastal Construction Line. point, said point being N 85 deg. 13 min 55 There is hereby established pursuant to sec. W, 509.521 feet from "P.R.M." Section 161.053, Florida Statutes, a coastal 60-76-A21; ce construction setback line in Esc of 1020m S 69 deg. 48 of 10point; Theme S 67 deg. 04 Florida. The legal description of said line is Thence S69 deg 20 min. 18 sec. E a distance attached hereto. of 946.63 feet to a point; Thence S 69 deg.33 point; Thcncn. distance of 1029.67 -po distance of 1013.09 feet to a point, said point After this rule has been recorded in the min 39 sec. E a distance of 1033.97 feet to a office of the Clerk of the Circuit Court in and point, said point being S 21 deg. 52 min. 47 oint. said point being, S 73 f for Escambia County, Florida- no person, sec. W, 329.219 feet from "P.R.M." f irm, corporation or govcy shall 60-76-A22; t; Thence S 66 deg. 29 construct any structure whatsoever seaward Thence S 69 deg. 41 min. 00 sec. E a distance ec. E a distance of 1165.88 feet to a thereof, or perform any actions as described in of 1020.22 feet to a point; Thence S 69 deg. 48 Section 161.053, Florida Statutes, without min. 01 sec. E a distance of 1001.87 feet to a min. 33 stance or 9 sec. W. 194 feet from "P. R. M." obtaining a permit as described in said Section point; Thence S 69 deg. 47 min. 03 sec. E a of the Statute, and all provisions of said Section distance of 1029.67 feet to a point; Thence S sec. E a distance shall apply to this rule. 69 deg. 45 min. 12 sec. W, 541.082 feet from "P. Specific Authority 120 S. Law R.M." 60-76-A23; Implemented 161.053 FS. Hito-75. Thence S 70 deg. 37 min. 21 sec. E a distance of point; Thence N 82 deg. 08 distance of 993.65 feet to a point; Thence S 67 of 998.98 feet to a point; Thence S 69 deg. 08 min. 33 sec. E a distance of 999.23 feet to a a p1pe min. 16 sec. Em "P.R. L" Description of Coastal Construction Setback lines established in compliance with Section point; Thence S 68 deg. 54 min. 07 sec. E a distance of 1017.83 feet to a point, said point to a point, said point being S 7 Thence S 66 deg, 16 min. 23 sec. E a distance. 161.053, Florida Statutes, said Setback line lying along the Gulf of Mexico from Escambia being S 16 deg. 52 min. 51 sec. E, 499.649 feet County and Florida, Alabama State Line easterly to the Esand Santa Rosa from "P.R.M." 60-76-A24; County line. Thence S 70 deg. 27 min. 05 sec. E a distance ce SE a Said Coastal Construction Setback line is related to a series of "Permanent Reference of 825.64 feet to a point; Thence N 82 deg. 08 Monuments" (P.Rd and hereinafter referred to as -R-l" through "R dce S 68 deg. 41 distance of 1002.22 feet to a point; Thence S min. 31 sec. E a distance of 514.33 feet to a ent of Natural Resources, State of Florida in 1973, said monuments point; Thence S 54 deg. 57 min. 50 sec. E a are co-ordinarida State Plane co-ordinate system, North Zone and table of said distance of 934.31 feet to a point; Thence S 66 om "P. R. Wit deg. 48 min. 11 sec. E a distance of 926.24 a feet to a point, said point being S 78 deg. 18 co-ordinatereto and made a part hereof, said "P.Rated near the min. 51 sec. E, 390.339 feet from "R.P.M." Escambia County and Florida, Alabama State line. 60-76-A25; point being N Commence at "P. R.M. " R- I thence run N 12*42e of 28.00 feet to a point on the Thence S 68 deg. 09 min. 01 sec. E a distance Esback line; thence run S 79010oint of intersection with the of 938.26 feet to a point; Thence S 68 deg. 41 Escambia County and Florida, Alabama State Line for a Point of Beginning; thence returning min. 07 sec. E a distance of 1059.14 feet to a point; Thence N 86 deg. 41 min. 06 sec. E a of 978.47 feet to a I 'Thence S 66 deg. 26 distance of 851.01 feet to a point; Thence S 50 a dpo a distance of 1015 min. 46 sec. E 2.32 feet to a deg. 22 min. 40 sec. E a distance of 326.76 73 feet to a point; Thence S 50 deg. 35 min. 49 distance of 1031.46 feet to a point; Thence S sec. E a distance of 956.89 feet to a point, said 65 deg. point being N 15 deg. 06 min. 03 sec. E, 1022.62 Feet 10 2 point. said we. E a distance of 373.68 rint; deg. 37 min. 03 sec. W, 3. S 6 of _ no _I intersect 128.885 feet from "P.R.M." 60-80-A26-2; _p. Thence S 65 Deg. 06 min. 03 sec. E a distance y 2po of 1078.13 feet to a point; Thence S 66 deg. 55 min. 27 sec. E a distance of 1015.08 feet to a point; Thence S 70 deg. 31 min. 29 sec. E a distance of 1097.68 feet to a point; Thence N 83 deg. 55 min. 23 sec. E a distance of 630.31 feet to a point; Thence S 59 deg. 33 min. 24 sec. E a distance of 373.68 feet to a point; Thence S 59 deg. 55 min. 14 sec. E a distance Thence S 59 deg. SS min. 14 sec. E a distance R. M8; CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH 16B-26 along the previous course, run N 790 10' 17" E to a point lying N 12*42'00" W a distance of 28.00 thence run N 81'04'17" E a distance of I 11. 173.00 feet from "P.R.M."R-31; feet from "P.R.M.R-1; I thence run N 79' 10' 17" E a distance of 1069.43 feet to a point, said point being S 12*42'00" E, thence run N 79"00' 33" E a distance of 968. 169.00 feet from "P.R.M."R-32; 53.00 feet from "P.R.M."R-2; thence run N 78'09' 38" E a distance of 1019.94 feet to a point, said point being S 12'42' 00" E. thence run N 77'59' 58" E a distance of 990. I0WOO feet from "P.R.M."R-3; 33.00 feet from "P.R.M."R-33; thence run N 79'40' 27" E a distanot of 1154.17 feet to a point, said point being S 12'42'00" E, thence run N 77'54'38" E a distance of 1278 172.00 feet from "P.R.M."R-4; 38.00 feet from "P.R.M."R-34; thence run N 78* 17 05" E a distance of 999.03 feet to a point, said point being S 17'42'00" E, thence run N 77*48'22" E a distance of 1166. 154.00 feet from "P.R.M."R-5; 103.00 feet from "P.R.M."R-35; thence run N 79*02' 51" E a distance of 1096.87 feet to a point, said point being S 17* 42'00" E, thence run N 76*55' 40" E a distance of 1024. 10(k00 feet from "P.R.M."R-6; 1 67.00 feet from "P.R.M."R-36; thence run N 810 52'02" E a distance of 1125.36 feet to a point, said point being S 12'42'00" E, thence run N 76"34' 10" E a distance of 944.0 177,00 feet from "P.R.M."R-7; 74.0L feet from "P.R.M."R-37; thence run N 853'22" E a distance o(923.20 feet to a point,said point being S 12'42'00" E, 157 thence run N 76147'29" E a distance of 1034. feet from "P.R.M."R-8; 27.0- eel from "P.R.M."R-38i thence run N 79* 19' 52" E a distance of 1157.37 feet to a point, said point being S 12'42'00" E, thence run N 7314 V 27" E a distance of 979.1 238-00 feet from "P.R.M."R-9; 35J t-eel from "P.R.M."R-39; thence run N 79*24' 20" E a distance of 959.15 feet to a point, said point being S 12' 42' 00", E, thence run N73*38'56"E a distance of 1122. '113.00 feet from "P.R.M."R-10; 26, feet from "P,R.M."R-40; run N 75139' 23" E a distance of 1079.94 feet to a point, said point being S 12042'00" E, thence run N 74035' 31" E a distance of 1133. 00 feet from "P.R.M."R-11; 7).feet from "P.R.M."R-41; thence N76'06'55" Eadistance of 1120.03 feet to a point, said point beingS 12'42'00" E, thence run N 74*24'08" E a distance of 944.5 130.00 feet from "P.R.M."R-12; 1.00 feet from "P.R.M."R-42; thence run N 77'17'02" E a distance of 1107.01 feet to a point, said point being S 12042'00"E, tl 1ce run N 76125' 16" E a distance of 1139. 23-00 feet from "P.R.M."R-13; 1-00 feet from "P.R.M."R-43; thence run N.81'13' 57" E a distance of 997.48 feet to a point,said point being S 12'42'00" E, thence run N 77140' 50" E a distance of 896.3 210.00 feet ( "P.R.M."R-14; 80-00 feet from "P.R.M."R-44; thence run N 82* 7'47" E a distance of 831.55 feet to a point, said point being S 121' 42'00" E, thence run N 77*20' 27 " E a distance of 1048 13.06'fect from "P.R.M." 45;, thence run N 7'8028"' 2-11 E a distance of 923.55 feet to a point, said point being S 12* 42'00" E, thence run N 76*55' 15" E a distance of 1008. 13.00 feet from "P.R.M."R-46; 93.00 feet from "P.R.M."R-16; thence run N 78'39'40" E a distance of 1173.28 feet to a point, said point being S 12* 42'00" E, thence run N 75*53'43" E a distance of 1001. 6.00 feet from "P.R.M."R-47; 261.00 feet from "P.R.M."11-17; thence run N 77100'04" E a distance of 994. thence run N 80109' 29" E a distance of 858.90 feet to a point, said point being S 12* 42' 00" E 265.00 feet from "P.R.M."R-18; 125-00 feet from "P.R.M."R-48; thence run N 75'47' 53" E a distance of 1015.98 feet to a point, said point being S 120 42' 00" E. thence run N 76154' 56" E a distance of 1082. 155.00 feet from "P.R.M."R-19; 64.00 feet from "P.R.M."R-49; thence run N 79051'44" E a distance of 1043.36 feet to a point, said point being S 12'42'00" E. thence run N 77101'43" E a distance of 1024. 28.00 feet from "P.R.M."R-50; 60.00 feet from "P.R.M."R-20; thence run N 77108'01 " E a distance of 1102 thence run N 81*33'44" E a distance of 991.08 feet to a point, said point being S 12* 42'00" E, 117.00 feet from "P.R.M."R-51; 156.00 feet from "P.R.M."R-21; thence run N79020' 10"E a distance of 1017. thence run N 83018'01" E a distance of 1106.31 feet toa point, said point being S 12'42 thence run N 82'05' 52" E a distance of 893,03 feet to a point, said point being S 120 42'00" E, thence run N 79035' 13" E a distance of 1000. 110.00 feet from "P.R.M."R-23; 38.00 feet from "P.R.M."R-53; thence run N 83'05' 16" E a distance of 949.49 feet to a point, said point being S 12* 42'00" E, thence run N 79030'27" E a distance of 1137. 141.00 feet from "P.R.M."R-24; 1000 feet from "P.R.M."R-54; thence run N 81*17'48" E a distance of 1152.54 feet to a point, said point being S 12* 42,00' E, thence run N 79136' 42" E a distance of 1032. 175.00 feet from "P.R.M."R-25; 44.00 feet from "P.R.M."R-55; thence run N 79* 58' 49" E a distance of thence run N 81*50'03" E a distance of 877.32 feet to a point, said point being S 12' 42' 00" E, 58.00 feet from "P.R.M."R-26; "P.R.M."R-56; thence run N 79140' 58" E a distance of 1025 thence run N 85*3,4'49E a distance of 1015.97 feet to a point, said point being S 12* 42'00" E, 213.00 feet from "P.R.M."R-27; 90-00 feet from "P.R.M."R-57; thence run N 811 54' 11 " E a distance of 1122.44 feet to a point, said point being S 12* 42'00" E, thence run N 81'18'03" E a distance of 957.9 184.00 feet from "P.R.M."R-28; 43.00 feet from "P.R.M."R-58; thence run N 82'38' 54' E a distance of 1055.22 feet to a point, said point being S 12' 42'00 ' E, thence run N 80104' 37 " E a distance of 916.5 19A6Met fror " "R-29; 26.00 feet from "P.R.M."R-59; 8.15 33 P.R.M. thence run 'E a distance of 1092.23 feet to a point, said point being S 12142'00" E, thence run N 78148'04" E a distance f 976.7 190' feet from "P.R.M."R-30; 65.00 feet from "PR.M."R-60870 CH. 16B DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 thence run N 78 39 16" E a distance 995.01 feet to a point, said point being N 17 42 00 W thence run N 8 06 16" of a distance of 1035.83 feet to a point, said point being 42 00 W 142.00 feet front P.R.M. R-61; 18.00 feet from "P.R.M."R-90; thence run N 81 06'28" of a distance of 1045.24 feet to a point, said point being N 17 42 00 W, thence run N 84 01 28 of a distance of 962.83 feet to a point, said point being N 7 42 00 W 85.00 feet from "P.R.M."R-62; 59.00 feet from P.R.M. R-91 thence run N 83 27 41 " of a distance of 967.42 feet to a point, said point bring N 17 42 00" W, thence run N 85 59 20" of a distance of 1005.75 feet to a point, said point being N 7 42 00 54.00 feet from "P.R.M."R-63; 114.84 feet to a point, said point being S 12 42 00" 8.00 feet from P.R.M. R-92 thence run N 83 20 11" E a distance of thence run N 85 35 23" of a distance of 1021.13 feet to a point, said point being N 7 42 00 E 186.00 feet from "P.R.M."R-64; 22.00 feet from P.R.M. R-93 thence run N 83 22 00" of a distance of 549.60 feet to a point on the Setback line; thence run N 83 53 23" of a distance of 1044.70 feet to a point, said point being N S 12 42 00 E thence run N 21 55 00" of a distance of 313.90 feet to a point, said point being N 77 42 00" W, 33.00 feet front "P.R.M."R-94, 107.00 feet from "P.R.M."R-65; thence run N 83 49 26" E a distance of 977.07 feet to a point, said point being N 12 42 00 W thence run N 21 40 28" of a distance of 1050.49 feet to a point, said point being N 77 42 00" W, 35.00 feet from "P.R.M."R-95; 124.00 feet from "P.R.M."R-66; thence run N 84 28 39" of a distance of 995.12 feet to a point, said point being N 12 42 00 W thence run N 21 59 08" of a distance of 1095.05 feet to a point, said point being S 870 18 00" W, 70.00 feet from "P.R.M."R-96; 1.00 feet from "P.R.M."R-67; thence run N 84 08 36" of a distance of 949.31 feet to a point, said point being N 12 42 00 W thence leaving Perdido Key and run N 85 37 23" E across Pensacola Bay a distance of 4254.61 53.00 feet from "P.R.M."R.97; feet to a point in Ft. Pickens State Park, said point being S 7 18 00" W, 275.00 feet from thence run N 85 44 54" of a distance of 1075.62 feet to a point, said point being N 12 42 00 W P.R.M."R-68; 70.00 feet from "P.R.M."R-98; thence run S 56 55 57" E a distance of 537.98 feet to a point, said point being S 7 18'00" W, thence run N 84 16 10" of a distance of 986.21 feet to a point, said point being N 12 42 00 W 15.00 feet from "P.R.M."R-69; 18.00 feet from "P.R.M."R-99; thence run S 56 49 14" E a distance of 905.02 feet to a point, said point being N 7 18 00" E, thence run N 81 52 09" of a distance of 1003.27 feet to a point, said point being N 12 42 00 W feet from "P.R.M."R-70; 75.00 feet from "P.R.M."R-100; thence run S 61 34 51 " E a distance of 1265.71 feet to a point, said point being S 70 18 00" W, thence run N 82 58 46" of a distance of 928.52 feet to a point, said point being N 12 42 00 W 662.00 feet from "P.R.M."R-71; 87.00 feet from "P.R.M."R-101; thence run S 61 59 04" E a distance of 819.32 feet to a point, said point being S 70 18 00" W, thence run N 79 28 27" of a distance of 1115.77 feet to a point, said point being N 12 42 00 W 806.00 feet from "P.R.M."R-72; 10.00 feet from "P.R.M."R-102; thence run S 63 37 39" E a distance of 764.82 feet to a point, said point being S 7 18 00" W, thence run N 80 26 46" of a distance of 926.14 feet to a point, said point being S 12 42 00 E 395.00 feet from "P.R.M."R-73; 66.00 feet from "P.R.M."R.103; thence run S 60 11 21" E a distance of 949.00 feet to a point, said point being S 2 18 00" W, thence run N 83 18 22" of a distance of 985.39 feet to a point, said point being N 12 42 00 W 52.00 feet from "P.R.M."R-74; 30.00 feet from "P.R.M."R-104; thence run S 74 32 06" E a distance of 929.78 feet to a point, said point being S 2 18 00" W, thence run N 82 58 49" of a distance of 979.59 feet to a point, said point being N 7 42 00 W 206.00 feet from "P.R.M."R-75 77.00 feet from "P.R.M."R-105; thence run S 74 54 43" E a distance of 981.35 feet to a point,said point being 18 00"W, thence run N 91 56 41" of a distance of 1078.04 feet to a point, said point being N 7 42 00 W 82.00 feet from "P.R.M."R-76; 37.00 feet from "P.R.M."R-106; thence run S 82 06 29" of a distance of 1070.12 feet to a point, said point being S 2 18 00" W, thence run N 82 36 43" of a distance of 955.59 feet to a point, said point being S 12 42 00 E 83.00 feet from "P.R.M."R-77; 132.00 feet from "P.R.M."R-107; thence run S 67 47 59" of a distance of 1004.29 feet to a point, said point being S 2 18 00" W, thence run N 80016' 37" of a distance of 914.88 feet to a point, said point being S 12 42 00 E 199.00 feet from "P.R.M."R-78; 66.00 feet from P.R.M."R-108; thence run S 73 01 15" E a distance of 855.79 feet to a point, said point being N 21 18 00" E, thence run N 80 34 46" of a distance of 905.45 feet to a point, said point being N 12 42 00 W 67.00 feet from "P.R.M."R-79; 78.00 feet from "P.R.M."R-109; thence run S 77 27 30" E a distance of 946.83 feet to a point, said point being N 7 42 00" W. thence run N 82 13 47" of a distance of 979.68 feet to a point, said point being S 12 42 00 E 70.00 feet from "P.R.M."R-80; 84.00 feet from "P.R.M."R-l10; thence run N 89 13 04" E a distance of 991.01 feet to a point, said point being N 70 42 00" W, thence run N 8 43 22" of a distance of 1042.03 feet to a point, said point being S 12 42 00 E 50.00 feet from "P.R.M."R-81; 85.00 feet from "P.R.M."R-111; thence run N 86 102 40" of a distance of 1063.40 feet to a point, said point being S 7 42 00" E, thence run N 84 38 35" E a distance of 868.61 feet to a point, said point being S 12 42 00 E 30.00 feet from "P.R.M."R-82; 13.00 feet from "P.R.M."R-112; thence run N 87"03 51" E a distance of 923.90 feet a point, said point being N 7 42 60" W, thence run N 86 18 22" of a distance of 816.37 feet to a point, said point being N 12 42 00 W 6.00 feet from "P.R.M."R-83; 85.00 feet from "P.R.M."R-113; thence run N 88 37 08" of a distance of 966.47 feet to a point, said point being S 7 42 00" E, thence run N 83 02 18" of a distance of 1062.03 feet to a point, said point being N 12 42 00 W 26.00 feet from "P.R.M."R-84; 34.00 feet from "P.R.M."R-114; thence run N 89 53 49" of a distance of 976.93 feet to a point, said point being N 70 42 00" W, thence run N 82 19 19" of a distance of 961.80 feet to a point, said point being N 12 42 00 W 90.00 feet from "P.R.M."R-85; 27.00 feet from "P.R.M."R-115; thence run N 85 36 04" of a distance of 952.67 feet to a point, said point being S 7 42 00" E, 4.00 thence run N 81 25 02" of a distance of 957.53 feet to a point, said point being S 12 42 00 E feet from "P.R.M."R-86; 171.00 feet from "P.R.M."R-116; thence run N 82 56 23" of a distance of 1141.74 feet to a point, said point being S 7 42 00" E, thence run N 79 18 34" of a distance of 1004.48 feet to a point, said point being N 12 42 00 W 12.00 feet from "P.R.M."R-87; 56.00 feet from "P.R.M."R-17; thence run N 86 45 29" of a distance of 968.91 feet to a point, said point being N 7 42 00" W, thence run N 79 17 50" of a distance of 915.42 feet to a point, said point being N 12 42 00 W 16.00 feet from "P.R.M."R-88; 31.00 feet from "P.R.M."R-118; thence run N 87 13 43" of a distance of 1040.50 feet to a point, said point being N 7 42 00" W, thence run N 79 29 38" of a distance of 935.13 feet to a point,said point being S 12 42 00 E 37.00 feet from "P.R.M."R-89; 76 77 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 thence run N 79 48 24" E a distance of 995.17 feet to a point, said point being S 12 42 00 E 120.00 feet from "P.R.M."R-119; thence run N 78 42 06 E a distance of 1044.27 feet to a point, said point being S 12 42 00" E, 50.00 feet from "P.R.M."R-149; 210.00 feet from "P.R.M.R-120; thence run N 79 12 42" E a distance of 980.64 feet to a point, said point being S 12 42 00 E thence run N 77 54 31" E a distance of 1002.71 feet to a point, said point also being 46.00 feet from "P.R.M."R-150; P.R.M."R-121; thence run N 80 08 02" E a distance of 1098.84 feet to a point, said point being S 12 42 00 E thence run N 78 16 11 " E a distance of 958.64 feet to a point, said point being N 12 42 00 W, 25.00 feet from "P.R.M."R-151; 12.00 feet from "P.R.M."R-122; thence run N 80 08 24" E a distance of 957.88 feet to a point, said point being N 12 42 00 W thence run N 79 27 43" E adistance of 1080.38 feet to a point, said point being S 12 42 00 E, 8.00 feet from "P.R.M."R-152; 114.00 feet from "P.R.M."R-123 thence run N 80 27 50" E a distance of 1005.89 feet to a point, said point being S 12 42 00 E thence run N 79 44 46" E a distance of 877.31 feet to a point. said point being N 120 42 00" W, 23.00 feet from "P.R.M."R-153; 70.00 feet from "P.R.M."R-124; thence run N 81 17 58" E a distance of 1004.48 feet to a point, said point being S 12 42 00 E thence run N 79 44 44" E a distance of 955.23 feet to a point, said point being N 12 42 00" W, 42.00 feet from "P.R.M."R-154; 26.00 feet from "P.R.M."R-125; thence run N 78 29 31 " E a distance of 992.66 feet to a point, said point being S 12 42 00 E thence run N 79 36 49 E a distance of 1041.66 feet to a point, said point being S 12 42 00" E, 25.00 feet from "P.R.M."R-155; 65.00 feet from "P.R.M."R-126; thence run N 78 34 24 E a distance of 1053.82 feet to a point, said point being N 12 42 00 W thence run N 79 23 05" E a distance of 1069.52 feet to a point, said point being S 12 42 00"E, 23.00 feet from "P.R.M."R-156; 8.00 feet from "P.R.M."R-127; thence run N 78 44 24" E a distance of 981.33 feet to a point, said point being S 12 42 00 E thence run N 82 23 59" E a distance of 850.86 feet to a point, said point being S 12 42 E, 4.00 feet from "P.R.M."R-157; 67.00 feet from "P.R.M."R-129; thence run N 78 19 07" E a distance of 1008.28 feet to a point, said point being S 12 42 00 E thence run N 80 07 23" E a distance of 919.84 feet to a point, said point being S 19 42 00" E, 21.00 feet from "P.R.M."R-158; 56.00 feet from "P.R.M."R-129; thence run N 79 02 54" E a distance of 975.40 feet to a point, said point being N 12 42 00 W thence run N 79 06 10" E a distance of 1012.96 feet to a point, said point being S 12 42 00"E, 28.00 feet from "P.R.M."R-159; 62.00 feet from "P.R.M."R-130; thence run N 79 51 55" E a distance of 1043.22 feet to a point, said point being S 12 42 00 E thence run N 79 45 17" E a distance of 1030.41 feet to a point, said point being N 12 42 00" W, 36.00 feet from "P.R.M."R-160; 39.00 feet from "P.R.M."R-131; thence run N 80 00 58" E a distance of 1024.06 feet to a point, said point being S 12 42 00 E thence run N 7 31 35" E a distance of 944.28 feet to a point, said point being N 1242 00" W, 53.00 feet from "P.R.M."R-161; 56.00 feet from "P.R.M."R-132; thence run N 78 32 56" E a distance of 981.18 feet to a point, said point also being "P.R.M" thence run N 79 17 28 N" E a distance of 975.96 feet to a point, said point being N 12 42 00", W R-162; 27.00 feet from P.R.M."R-133; thence run N 79 13 02 E a distance of 970.21 feet to a point, said point being S 12 42 00 E thence run N 80 49 59" E a distance of 1042.80 feet to a point, said point being N 12 42 00 W 67.00 feet from "P.R.M."R-134; 42.00 feet from P.R.M. R-163 thence run N 81 12 10" E a distance of 864.32 feet to a point, said point being S 12 42 00 E thence run N 79 01 39" E a distance of 936.60 feet to a point, said point being S 12 42 00" E, 42.00 feet from "P.R.M."R-164; 82.00 feet from "P.R.M."R-13S; thence run N 81 05 32" E a distance of 1066.92 feet to a point, said point being S 12 42 00 E thence run N 79 04 55" E a distance of 1111.16 feet to a point, said point being N 12 42 00 W, 63.00 feet from "P.R.M."R-165; 50.00 feet from "P.R.M."R-136; thence run N 80 22 10" E a distance of 1037.13 feet to a point, said point being S 12 42 00 E thence run N 78 05 54" E a distance of 965.63 feet to a point, said point being N 12 42 00 W, 10.00 feet from "P.R.M."R-166; 58.00 feet from "P.R.M."R-137; thence run N 79 3542" E a distance of 957.11 feet to a point, said point being N 12 42 00 W thence run N 78 11 57" E a distance of 1008.57 feet to a point, said point being S 12 42 00. E, 27.00 feet from "P.R.M."R-167; 207.00 feet from "P.R.M."R-138; thence run N 82 59 50" E a distance of 957.11 feet to a point, said point being N 12 42 00 W thence run N 78 4 20" E a distance of 949.09 feet to a point, said point being S 12 42 00 E, 41.00 feet from "P.R.M."R-168; 124.00 feet from "P.R.M."R-139; thence run N 80 39 52" E a distance of 1062.30 feet to a point, said point being S 12 42 00 E thence run N 77 28 54 E a distance of 970.88 feet to a point, said point being S 12 42 E, 42.00 feet from "P.R.M."R-169; 75.00 feet from "P.R.M."R-140; thence run N 80 30 33" E a distance of 1032.42 feet to a point, said being S 12 42 00 E thence run N 77 00 36" E a distance of 1112.91 feet to a point, said point being S 12 42 00 E, 41.00 feet from "P.R.M."R-170; 37.00 feet from "P.R.M."R-141; thence run N 81 25 41 " E a distance of 1017.67 feet to a point, said point also being "P.R.M" thence run N 77 29 59" E a distance of 982.23 feet to a point, said point being S 12 42 00" E, R-171; 22.00 feet from "P.R.M."R-142; thence run N 79 39 15" E a distance of 1030.73 feet to a point, said point also being thence run N 79 22 24" E a distance of 1035.27 feet to a point, said point also being "P.R.M."R-172; "P.R.M."R-143; thence run N 80 38 11 " E a distance of 905.36 feet to a point, said point also being S 12 42 00 E thence run N 79 3025" E a distance of 1029.66 feet to a point, said point being S 12 42 00" E, 25.00 feet from "P.R.M."R-173; 22.00 feet from "P.R.M."R-144; thence run N 78 26 17" E a distance of 985.44 feet to a point, said point also being thence run N 79 18 47" E a distance of 974.07 feet to a point, said point bring S 12 42 00" E, "P.R.M."R-174; 35.00 feet from "P.R.M."R-145; thence run N 78 22 26" E a distance of 942.23 feet to a point, said point being S 12 42 00 E thence run N 79 42 37" E a distance of 1023.19 feet to a point, said point being S 12 42 00" E, 10.00 feet from "P.R.M."R-175; 45.00 feet from "P.R.M."R-146; thence run N 78 22 28" E a distance of 1069.20 feet to a point, said point being N 12 42 00 W thence run N 79 32 39" E a distance of 984.18 feet to a point, said point being S 12 42 00" E, 1.00 feet from "P.R.M."R-176; 42.00 from "P.R.M."R-147; thence run N 79 39 08" E a distance of 1047.10 feet to a point, said point being S 12 42 00 E thence from N 79 12 15" E a distance of 1040.73 feet to a point, said point being S 12 42 00" E, 33.00 feet from "P.R.M."R-177; 24.00 from "P.R.M."R-148; thence run N 78 57 47" E a distance of 982.79 feet to a point, said point being N 12 42 00 W, CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK 45.00 fee P.R.M.R-178; thencrun N 142 42 a distanceof 1075.43 fee thence run N 7904 15 E a distance of 927.34 feet to a point, said point being 12' 42 E 84.00 feet from "P.R.M."R-208; 25.00 feet from "P.RM.R-79; thence run N 8225 40 E a distance of 996.79 feet thence run N 80'38' 18" E a distance of 995.22 feet to a point, said point being S 12 42' 00" E, 67.00 feet from "P.R.M."R-209; 58.00 feet from "P.R,M."R-180; thence run N 82029' 21 " E a distance of 1064.84 fee thence run N 80'07'07" E a distance of 1034.81 feet to a point, said point being S 12'42' 00" E, 35.00 feet from "P.R.M."R-210; 41.00 feet from "P.R.M."R-181, thence run N 82107' 28" E a distance of 1039.69 fee thence run N 80'21' 21" E a distance of 985.85 feet to a point, said point being S 12'42'00" E, 59-00 feet from "P.R.M."R-21 1; 26.00 fee( from "P.R.M."R-182; thence run N 8 1 47' 42" E a distance of 1047.38 fe thence run N 80'46' 17" E a distance of 1034.50 feet to a point, said point being S 12'42' 00" E, 72-00 feet from "P.R.M."R-212; 23.00 feet from "P.R.M."R-183; thence run N 81132' 10" E a distance of 995.65 fee thence run N 80"35'01" E a distance of 1013.78 feet to a point, said point being S 12 42' 00" E, 254.00 feet from "P.R.M."R-213; 57.00 feet from "P.R.M."R-184; thence run N 83134' 06' E a distance of 984.35 feet thence run N 80'05' 24" E a distance of 999.72 feet to a point, said point being S 12' 42'00" E, 67.00 feet from "P.R.M."R-214; 5.00 feet from "P.R.M."R-185; thence run N 83134' 06" E to a point of intersection thence run N 7938' 25" E a distance of 1089.63 feet to a point, said point also being County Line and westerly boundary of Eglin A "P.R.M."R-186; terminus of the aforementioned Coastal Construction thence run N 78'14' 36" E a distance of 963.89 feet to a point, said point being S 12, 42' 00" E, STATION NORTHING EASTING 17.00 feet from "P.R.M."It-187; R-1 478,311.14 1047,380.781 thence run N 7638'26" E a distance of 971.56 feet to a point,said point being S 12142'00" E, R-2 478,591.07 1048413.366 46.00 feet from "P.R.M."R-188; R-3 478,899.84 1049,389.187 ThencE runN78'of 12'32" E a distance of 991.27 feet to a point, said point being S 12142'00"E, R-4 479,123.30 1050,520.923 24.00 feet from "P.R.M."R-189; R-5 479,305.077 1051,490.138 thence run N 78'25'44" E a distance of 985.78 feet to a point, said point being S 120 42'00" E, R-6 479,462.03 1052,583.449 22.00 feet from "P.R.M."R-190; R-7 479,698.643 1053,688.983 thence run N 8013' 35" E a distance of 963.27 feet to a point, said point being S 124 42'00" E, R-8 479,825.311 1054,604.931 34.00 1'16'05" E a distance of 1080.36 feet to a point, said point being S 12142'00" E, R-10 480,260.797 1055,724.486 74.00 feet from "P.R.M."R-192; 1056,674.976 R-I 1 480,429.809 1057,743.457 thence run N 79'40'38" E adistance of 1156.61 feet to a point,said point being N 12142,00" W, 1058,824.610 R-12 480,725.897 1059,927.991 56.00 feet from "P.R.M."R-193; 1060,852.941 E, R-13 1061,682.925 thence run N 80 29'07" E a distance of 863.66 feet to a point, said point being S 12' 42' 00" R-14 481,196.608 1062,607.634 57.00 feet from "P.R.M."R-194; R-15 481,281.738 1063,721.076 thence run N 80'09' 46" E a distance of 954.24 feet to a point, said point being S 12, 42' 00" E, 1064,566.459 15.00 feet from "P.R.M."R-195; R-16 481,378.500 1065,575.568 thence run N 80'42'47" E a distance of 1052.38 feet to a point, said point being S 12 42'00" E, R-17 481,773.070 1066,623.529 52.00 feet from "P.R.M."R-196; R-18 481,923.783 1067,582.780 R-19 482,065.734 1068,687.251 thence run N 82 03'02" a distance of 1051.97 feet to a point, said point being S 12 42' 00" E, R-20 482,156.708 1069,576.200 90.00 feet from "P.R.M."R-197; R-21 482,395.785 1070,511.974 thence run N 80'56'46" E a distance of 964.43 feet to a point, said point being N 12 42' 00" W, R-22 482,499.487 1071,643.764 42.00 feet from "P.R.M."R-198; 1072,537.907 R-23 482,602.752 1073,516.785 thence run N 80'53' 55" E a distance of 1049.67 feet to a point, said point being S 12 42' 00" E, R-24 482,747.261 1074,634.754 106.00 ' 49'42" Eadistanceof 910.35 feet to apoint, said point beingS 12' 42,00" E, 1075,678.754 24.00 feet from "P.R.M."R-200; R-26 482,965.306 1076,759.183 R-27 483,194,806 1077,860.934 thence run N 81'07'53" E a distance of 1040.40 feet to a point, said point beingN 12042'00"W, R-28 483,324.611 1078,812.311 33.00 feet from "P.R.M."R-201; R-29 483,469.393 1079,810.595 thencerunN 81'40'42" Eadistanccof 1014.56 feet toa point, said point beingN 12142'00"W, R-30 483,631.474 1081,056.856 6.00 feet from "P.R.0qM."R-202; R-31 483,787.398 1082,239.957 thence run N 80 24'03" E a distance of 1006.81 feet to a point, said point being S 12142' 00 E 1083,227.252 R-32 483,968.096 1084,153.662 61.00 feet from "P.R.M." R-203; R-33 484,041.270 1085,142.474 thence run N 81' 17'40" E a distance of 995.23 feet to a point, said point being N 12' 42'00" W, R-34 484,313.131 1086,085.332 70.00 feet from "P.R.M."R-204; 1087,159.084 thence run N 81 19'22" E a distance of 993.80 feet to a point, said point being N 12'42'00" W, R-35 484,425.207 1088,244.711 R-36 484,691.289 15.00 feet from "P.R.M."R-205; R-37 484,906.120 thence run N 82'27' 10" E a distance of 1080.64 feet to a point, said point being N 120 42' 00" W, R-38 485,185.818 10.00 feet from "P.R.M."R-206; R-39 485,453.407 thence run N 83'01'30" Eadistanceof 1035.03feet toapoint,said point beingN 12'42'00"W, R-40 485,777.756 53.00 feet from "P.R.M."R-207; R-41 486,096.498 80 81 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE Cit. 1611-26 STATION NORTHING EASTING sTATION NORTHING EASTING R-42 486,329.258 1,089,163.367 R-100 490,682.747 1,146,993.645 R-43 486,618.090 1,090,262.465 R-101 490,784.531 1.147,917.846 R-44 486,741.991 1,091,166.349 R- 102 491,063.475 1,148,997.914 R- 103 491,291.330 1,149,894.502 R-45 497,054.786 1,092,153.620 R-104 491,312.540 1,150,894.279 R-46 487,258.596 1,093,144.779 R-105 491,385.218 1,151,870.247 R-i7 487,509.378 1,094,114.177 R-106 491,575.920 1,152,932.293 R-48 487,857.965 1,095,043.774 R- 107 491,864.235 1,153,845.971 R-49 487,922.938 1,096,155.468 R-108 491,954.360 1,154,762.221 k-50 488,187.247 1,097,143.085 R- 109 491,962.089 1,155,687.119 k-51 488,570.867 1,098,173.749 R-52 488,579.130 1,099,231.299 R-110 492,252.580 1,156,622.185 R-53 488,792.393 1,100,205.209 R-111 492,367.491 1,157,657.749 R -0-4 489,026.181 1,101,315.008 -R-I 12 492,378.345 1,158,538.39.6 489,179.970 1,102,340.916 R-113 492,335.336 1,159,374.611 489,382.652 1,103,237.462 R-I 14 492,513.814 .1,160,417.603 489,652.044 1,104,218.960 R-1 15 492,649.147 1,161,369.246 @-58 489,670.227 1,105,206.323 R-116 492,985.202 1,162,272.528 R-59 489,844.360 1,106,103.947 R-1 17 492,950.090 1,163,309.478 R-60 489,996.898 1,107,073.912 R-1 18 493,144.485 1,164,203.475 R-61 490,119.288 1,108,072.891 R-I 19 493,462.300 1,165,089.729 R-62 490,335.162 1,109,088.243 R- 120 493,754.690 1,166,093.977 R-63 490,474.856 1,110,039.943 R-121 493,759.865 1,167,120.612 R-64 490,837.115 1,111,089.939 R-122 493,943.052 1,168,061.866 R-65 490,987.570 1,111,898.461 R-123 494,263.559 1,169,096.324 R-66 491,960.166 1,112,303.052 R-124 494,301.698 1,169,986.221 R-125 494,453.200 1,170,930.368 R-61 4@@,[email protected] 1,112,652.791 R-126 494,729.771 1,171,934.956 .4 1,116,869.004 i R-68 93,599.:@70 k-127 494,915.085 1,172,988.809 R-69 493,048.047 1,117,286.813 R4 28 A9@5,04 '-70' '@-.49Z,491-2-I& .1 &,037.164 - - 1.278 lk R-129 495,186.422 1,174,731.176 R-71 492,592.145 1,119,239.667 R-130 495,385.681 1,175,731.113 R-72 492,350.134 1,119,991.280 R-131 495,470.421 1,176,767.298 R-73 491,602.730 1,120,614.279 C::, R-74 490,791.103 1,121,389.600 R-132 495,673.854 1,177,689.331 R-75 490,697.054 1,122,291.899 R-133 495,883.494 1,178,641.919 R-76 490,317.708 1,123,234.440 R-134 496,156.705 1,179,57.4.337 R-77 490,171.774 1,124,294.465 R-135 496,349.607 1,180,490.520 R-136 496,431.298 1,181,610.589 R-78 489,909.216 1,125,22&961 R-79 489,392.520 1,126,036.769 R-137 496.622.638 1,182,557.216 R-138 497,087.418 1,183,486.212 R-80 489,184.492 1,126,973.074 R-139 497,203.686 1,184,432.827 R-81 489,212.650 1,127,961368 R-140 497,366.326 1,185,391.394 R-82 489,365.284 1,129,011.515 R-141 497,579.415 1,186,484.179 R-83 489,376.929 1,129,939.028 R-84 489,431.935 1,130,900.933 R-142 497,777.381 1,187,446.428 R-85 489,335.787 1,131,893.227 R-143 497,946.832 1,188,468.776 R-144 498,155.813 1,189,476.382 R-86 489,502.008 1,132,830.501 R-87 489,650.268 1,133,962.508 R-145 498,349.129 1,190,430.696 R-88 489,677.316 1,134,933.621 R-146 498,541.650 1,191,435.223 R-89 489,706.813 1,135,975.716 R-147 498,717,328 1,192,403.718 R-148 498,894.710 1. 1 93,429@989 R-90 489,759.905 1,137,008.430 489,819.508 1,137,971.521 R-149 499,096.199 1,194,403.735 R-91 R-150 499,275.845 1,195,367.922 R-92 489,940.401 1,138,967.975 R-151 499,443.641 1,196,455.133 R-93 490,048.652 1,139,982.067 R-152 499,575.477 1,197,406.117 R-94 490J70.243 1,141,016.529 R-1 53 499,772.362 1,198,391.297 R-95 490,209.023 1,142,002.880 R-154 499,942.846 1,199,380.043 R-96 490,270.645 1,143,001.072 R-155 500,124.302 1,200,316*411 R 97 490,384.097 1,143,941.690 0 R:98 490,447.254 1,145,018-086 R-156 500,286.253 1,201,399.962 R-99 490,596.457 1,145,%7.r)33 R-1 S7 500,504.209 1,202,356.464. R? 83 CH. 16B-260 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 1611-26 STAT NORTHING EASTING 16B-26.03 Description of the Okaloosa whichever is litter. R-158 500,724.937 1,203,340.124 County Coastal Construction Control Line 1 (3) After this rule becoseeffective no R-159 500,862.442 1,204,309.531 (Range 31 through Range 30). person, firm, corporation, or governmental R-160 501,108.446 1,205,321.406 (1) There is hereby established pursuant to agency shall construct any structure 501,302.572 1,206,326.225 Section 161.053, Florida.Statutcs, a coastal whatsoever seaward thereof, or perform any R-161 construction control line (Range 31 through actions as described in Section 161.053, R-162 501,445.665 1,207,299.531 'ounty, Florida. The Florida Statutes, without obtaining a permi a R-163 501,570.822 1,208,338.242 Range 50) in Okaloosa C t s R-164 501,784.955 1,209,173.932 legal description (if said line is attached hereto. described, in said section, and all provisions of 501,970,646 1,210,223-367 (2) This rule shall take effect 20 days after said section shall apply to this rule. R-165 502,092.449 1,211,257-538 filing with the Department of State or on the Sotiecifir Aiiihoriq 10.053, .370.021 J-N Law date that it is duly recorded in the public Implemented R-166, 161.053, .370.021(1) FS. 502,229.211 1,212,207.043 Histary-New 10-25-76. Amended 1-25-79. R-167 1,213,142.432 records in the office of the Clerk of the Circuit f Court in and for Okaloosa County, Florida, R-168 502,412.281 R-169 502,585-579 1,214,190-442 R-170 502,754.841 1,215,208-953 EXHIBIT "B" R-l'i 502,866.527 1,216,224.271 METES AND BOUNDS DESCRIPTION R- 2 503,051.634 1,217,238.247 FOR THE 73 503,223.324 1,218,126.052 COASTAL CONSTRUCTION CONTROL LINE rL-174 503,396.445 1,219,096.997 OKALOOSA COUNTY, FLORIDA R-175 503,596.085 1,220,017.702 Description of the Coastal Construction Control Line (CCCL) is established in compliance with R-176 503,800.814 1,221,067.382 Section 161.053 of the Florida Statutes. Said Control Line lying along the Gulf of Mexico Coast R-177 504,022.063 1,222,089-973 from Okaloosa County Department of Natural Resources (D.N.R.) Monument R-31 East to the R-178 504,134.117 1,223,071-732 Okaloosa and Walton County Line. R-179 504,378.222 1,223,966.861 Said Coastal Construction Control Line is related to a series of "Permanent Reference R-180 504,572.304 1,224,941.570 Monuments" (P.R.M.) designated and hereinafter referred to as "R-31 " through "R-50" for R-181 504,733-303 1,225,964.764 monuments established by the Department of Natural Resources, State of Florida or referred to R-182 504,883.829 1,226,939.982 by station name for monuments established by the National Geodetic Survey (N.G.S.). R-183 505,046.808 1,227,961.752 Commence at "P.R.M." R-31; thence S 7 deg. 30 min. E (GN) adistance of40.00 feet to the point R-184 505,245.837 11,228,954395 of beginning; R-185 505,367.161 1,229,950.631 R-186 505,558.229 1,231,023.596 Thence S I deg. 0 min. 43.34 sec. E (GN) a distance of 25.0991 feet to a point on the CCCL: Thence S 83 deg. 26 min. 43.34 see. E (GN) a distance of 877.38 feet to a point; Said point being R-187 505,771.210 1,231.963.531 R488 505,990.862 1,232,909.680 Due South a distance of 75.00 feet from "P.R.M." R-32; --% R-189 506,171.961 1,233,884.866 Thence S 86 deg. 29 min. 38.00 sec. E (GN) a distance of 968.621 feet to a point; Said point being C:) R-190 506,367.743 1,234,851.052 Due South a distance of 60.00 feet from "P.R.M." R-33; R-191 506,542.968 1,235,797.702 Thence S 85 deg. 49 min. 42.93 sec. E (GN) a distance of 1060.894 feet to a point; Said point being R-192 506,746.001 1,236,856.742 Due South a distance of 60.00 feet from "P.R.M." R-34; R-193 506,826.440 1,238,023.209 Thence S 85 deg. 00 min. 10.24 see. E (GN) a distance of 993.086 feet to a point; Said point being R-194 507,079.438 1,238,850-141 Due South a distance of 75.00 feet from "P.R.M." R-35; Thence S 86 deg. 25 min. 28.61 sec. E (GN) a distance of 942.292 feet to a point; Said point being R-195 507,201.496 1,239,799.585 Due South a distance of 80.00 feet from "P.R.M."JR-36; R-196 507,407.423 1,240,830.041 R-197 507,589.980 1,241,863.552 Thence S 87 deg. 16 min. 14.02 sec. E (GN) a distance of 1100.945 feet to a point; Said point being R-198 507,612.975 1,242,844.991 S 5 deg. W a distance of 70.00 feet from "P.R.M." R-37; R- 199 507,923.392 1,243,848.914 Thence S 85 deg. 47 min. 5 3.53 sec. E (G N) a distance of 1021.343 feet to a point; Said poi nt being 1,244,762.988 S 5 deg. W a distance of 56.00 feet from "P.R.M." R-38; R-200 508,004-167 Thence S 84 deg. 04 min. 21.65 sec. E (GN) a distance of 971.346 feet to a point; Said point being R-201 508,108.961 1,245,803.485 R-202 508,282-139 1,246,801.423 S 5 deg. W a distance of 86.00 feet from "P.R.M." R-39; R-203 508,515.390 1,247,779.404 ThenceS83deg. 33 min. 48.07 sec. E (GN) a distance of 968.425 feet toa point;Said pointbeing R-204 508,538.229 1,248,791.972 N 5 deg. E a distance of 23.00 feet from "P.R.M." R-40; R-205 508,741.816 1,249,762.307 ThenceS82cleg. 59min. 49.80sec. E(GN)adistanceof1134.549 feet toa point; Said point being R-206 508,888.627 1,250,832.484 1 S 5 deg. W a distance of 190.00 feet from "P.R.M."R-41; R-207 508,972.370 1,251,869.304 Thence S 82 deg. 51 min. 13.86 sec. E (GN) a distance of 991.962 feet to a point; Said point being R-208 509,097.157 1,252,940,318 S 5 deg. W a distance of 55.00 feet from "P.R.M." R-42; R-209 509,245.094 1,253,924.675 ThenceS82deg. 13min. 58.30sec. E(GN) a distance of 1013,672 feettoa point; Said point being R-210 509,415.498 1,254,973.340 S 5 deg. W a distance of 53,00 feet from "P.R.M." R-43; R-211 509,649.656 1,255,982.554 ThenceS83 deg. 26 min. 00.29sec. E (GN) a distance of 976.558 feet toa point; Said point being R-212 509,811.817 1,257,016.360 R-213 510,135.908 1,257,961.153 R-214 510,063.749 1,258,980.422 84 85 CH. 16B26 DEPARTMENT OF NATURAL RESOURCES SETBA S 5 deg. W a distance of 130.00 feet from "P.R.M." R-44; thence S 00'52'24" W a distance of 108113 Thence S 83 deg. 42 min. 47.14 sec. E(GN)adistanceof 1020.236 feet toa point; Said pointbeing 24-00 feet from "P.R.M." R-12; S 5 deg. W a distance of 64.00 feet from "P.R.M." R-45; thence S 03 23' 21 " E a distance of 104 5.69 ThenceS82deg. 58min.24.91 sec, E(GN)adistanceof 1105.768 feet toa point; Said point being 143.00 feet from "P.R.M." R-13; S 5 deg. W a distance of 65.00 feet from "P.R.M." R-46; Thence S 82 deg. 54 min. 08.65 sec. E (GN) a distance of 972.084 feet to a point; Said point being thence S 03 24'28" E a distance of 962.48 feet feet from "P.R.M." R-14; N 5 deg. E a distance of 35.00 feet from "P.R.M." R-47; thence S 0215'25" E adistanceof 900.91 fret ThenceS80deg. 55 min. 40.77sec. E(GN)adistanceof 1051.345 feettoa point;Said pointbeing feet from "P.R.M."R-15; S 5 deg. W a distance of 96.00 feet from "P.R.M." R-48; thence S 040 20' 08" E a distance of 1129.18 Thence S 8 1 deg. 47 min. 28.16 sec. E (GN) a distance of 961.033 feet to a point; Said point being 152.00 feet from "P.R.M." R-16; S 5 deg. W a distance of 57.00 feet from "P.R.M." R-49; thence S 03 01'20" E a distance of 877.99 feet Thence S 83 deg. 00 min. 25.12 sec. E (GN) a distance of 1003.275 feet to a point; Said point being feet from "P.R.M." R- 17; S 5 deg. W a distance of 47.00 feet from "P.R.M." R-50; thence S 080 58' 38" E a distance of 973.75 f, ThenceS 85deg. 30 min. 00sec. Etoa pointof intersection with the0kaloosa andWalton County 131.00 feet from "P.R.M." R-18; Line; Said point being the Easterly Terminus of the aforementioned Coastal Construction thence S 09, 13'56" E a distanceof 887.22 feet Control Line for Okaoosa County. feet from "P.R.Nj." R-19; 168-26.04 Description of the Duval corporation or governmental agency shall thenceS 10'21'10" E adistanceof 974.26 feet County Coastal Construction Setback Line. construct any structure whatsoever seaward from "P.R.M." R-20; There is hereby established pursuant to thereof, or perform any actions as described in thence S 10 53' 38" E a distance of 1003.11 Section 161.053, Florida Statutes, a coastal Section 161.053, Florida Statutes, without 142-00 feet from "P.R.M." R-21; construction setback line in Duval County, obtaining a permit. as described in said section thence S 190 02'40" E a distance of 910.00 feet Jorida. The legal description of said line is of the Statute, and all provisions of said Section feet from "P.R.M." R-22; thence S 16 55' 22" E a distance of 940.35 attached hereto. shall apply to this rule. After this rule has been recorded in the Specific Authority 120, 161,053 FS. Law 190-00 feet from "P.R.M." R-23; office of the Clerk of the Circuit Court in and implemented 161.053 FS. History-New 2-24-76. thence S 090 13' 20" E a distance of 543.67 f, 250.00 feet from IL for Duval County, Florida, no person, firm, P.R.M." R-24; thence S 470 3' 48" AV a distance of 1071.67 Setback lines established in compliance with Section 151-00 feet from "P.R.M." R-25; Description of Coastal Construct 161.053 Florida statutes said setback line lying along the Atlantic Ocea n coast from the Duval thence s 02'28'18" E accross fort george inlet a distance of 3525.13 feet to a point, said point County line and Nassau County line southerly to the Duval County and St. Johns County line. thence S 25105'38" E a distance of 799.36 feet Said Coastal Construction Setback line is related to a series of "Permanent Reference f-; Monuments"(P.R.M.) designated and hereinafter referred to as "R-1" through "R-80" as thence S 30" E a distance of 875.59 feet established by the Department of Natural Resources, State of Florida in 1973, said monuments feet from "P.R." R-28; are co-ordinated on the Florida State Plane co-ordinate system, East Zone and a table of said co-ordinates are attached hereto and made a part hereof, said "P.R.M." R-I is located near the thence S 570 56' 58" E a distance of 526.00 Duval County and Nassau County line. thence S 090 18'34" E distance of 970.00 feet t feet from "P.R.M." R-29; Commence at "P.R.M." R-1 thew run S 1644' 00" W a distance of 77.0 feet to the point of thence S 080 32'07" E distance of 871.28 feet t beginning; feet from "P.R.M." R-30; thence S 77032, 39" E a distance of 931.53 feet to a point, said point being S 26 44'00" W, 49.00 thence S 140 08' 17" E across another portion point, said point being N 83* 16' 00" W, feet from "P.R.M." R-2; thence S 3246'51 " E a distance of 699.42 feet to a point, said point being S 76144'00" W, 92.00 thence S 050 56'35" W a distance of 1092.84 feet from "P.R.M." R-3 32.00 feet from "P.R.M." R-32, thenerS 19'51'01" Ea distance of 937.23 feet toa point, said point being S 76'44'00" W, 107.00 thence S 020 19' 13" W a distance of 841.78 feet from "P.R.M." R-4; 001, W 68-00 feet from "P.R.M." R-33; thence S 1355' 04" E a distance of 1077.32 feet to a point, said point being S 81 44' thenceSO20 25'28" W a distance of 958.57 feet 118.00 feet from "P.R.M." R-5; feet from "P.R.M." R-34; thence S 01 30'52" W a distance of 808.69 feet to a point, said point bring N 73' 16'00" W, 79.00 thence S 01* 39' 03" W a distance of 1071.89 feet from "P.R.M." R-6; 67.00 fee, from "P.R.M." R-35; thence S 06 07" 04" W a distance of 968.24 feet to a point, said point being N 73 16'001. W, thence S 01' 51' 04" W a distance of 918.97 feet 112.00 feet from "P.R.M." R-7; feet from "P.R.M." R-36; thence S I I 07' 41 " W a distance of 1021.19 feet to a point, said point being N 881 16' 00" W, i thence S 0 1 a 03' 49" W a distance of 7 5 5.14 fee 53.00 feet from "P.R.M." R-8; feet from "P.R.M." R-37; thence S 09' 50' 44" W a distance of 1031.02 feet to a point, said point being N 88 16, 001, W, thence S 000 10'07" V a distance of 1267.00 52.00 feet from "P.R.M." R-9; 88-00 feet from "P.R.M." R-38; thence S 030 56' 38" W a distance of 1021.90 feet to a point, said point being N 881166'00" W, thence S 0252' 58" E a distance of 852.15 feet feet from "P.R.M." R-10; feet from "P.R.M." R-39; thence S 03140'41 " W a distance of 1026.68 feet to a point, said point being S 881 16'00" E. thence S 01 1 59, 54" E a distance of 976.90 feet feet from "P.R.M." R-11; W2o feet from "P.R.M." R-40; CH. 1626 D.PARTMNT OF NATURAL RESOURCES SETBACK then - - - - 2 E a distance of 884.32 feet it) a xin, said point being N 88 1600 W, 85. feet from PR.M R70; feet from "PR.M" R-41; thence S 11 0659 E a distance of 970- 51 feet to a thence S 08' 32 55 a distance of 1058.77 feet o a point, said point being N 8 16 W, feet from "P.R.M." R-71; 17.00 feet from "P.R.M." R-42; thence S 11'05'37" E a distance of 925.26 feet to a thence S 03' 18'23" 1, a distance of 815.61 feet to a point, said point being N 88'1'00" W, 34.00 feet from "P.R.M." R-72; feet from "P.R.M." R-43; thenceS I 1' 36'51" Eadistanceof 1011.65 feet qjoa thence SOS* 43' 59" E a distance of 971.41 feet to a point, said point being S 88' 16' 00" E, 100.00 feet from "P.R.M." R-73; feet from "P.R.M." R-44; thence S 12" 08' 23" E a distance of 894.90 feet to a thence S 04' 5 qV 16" E a distance of 921.94 feet to a point, said point being N 88* 16'00" W, 12.00 feet from "P.R.M." R-74; feet from "P.R.M." R-45; thcnccS 11'01'22"Eadistanceof999.63fee(toa hnceSOV 59'41" E a distance of 968.72 feet to a point, said point being N 86' 44'00" E, 7.00 feet from "P.R.M." R75; feet from "P.R.qM." R-46; thenceS 10'59'33"Eadistanceof 1029.34q(ectioa thence S 06116'54" E a distance of 990.18 feet to a point, said point being S 86* 44' 00" W, 25.00 feel from "P.R.M." R-76; feet from "P.R.M." R-47; thence S 100 45'09" E a distance of 924.87 feet to a thence S OV 39' 54" E a distance of 1031.13 feet to a point, said point being S 8 1'44'00" W, 40.00 feet from "P,R.M." R-77; feet from "P.R.M." R-48; thence S 09' 37' 24" E a distance of 867.62 feet to a p thence S OY 05'29" E a distanceof 920.49 feet to a point, said point being N 88' 16'00" W, 25.00 feet from "P.R.M." R-78; feet from "P.R.M." R-49; tqbcnceS 1 VOY28" E a distanceof 1018.31 feet toa thence S 04141'39" E a distance o(926.39 feet toa point, said point being S 84* 44'00" W, 29.00 feet from "P.R.M." R-79; feet from "P.R.M." R-50; thence S 11* 02'57" E a distanccof 1142.94 feet to a thence S 04'26'53" E a distance of 942.22 feet to a point, said point being S 86'44'00" W, 28.00 feet from "P.R.M." R-80; said point being the sou feet from "P.R.M." R-51; Setback line, said point also being St. Johns Co. .nce S 04'52'59" E a distanceof 1057.16 feet toa point, said point beingS 86' 44' 00" W, 33.00 the Duval County, St. Johns County line. feet from "P.R.0qM." R-52; DUVAL COL thcnccS02'48'47" E a distance of 934.64 feet to a point, said point being S 86'44'00" W, 55.00 COASTAL SETBACK feet from "P.R.M." R-53; COORDINAT thence S OqW 37'34" E a distance of 915.07 feet to a point, said point being S 8644'00" W. 16.00 STATION feet from "P.R.M." R-54; R-i NORTHIN thence S 06128'47" E a distance of 918.80 feet to a point, said point being S 860 44'00" W, q3 1.00 2,235,650.74 feet from "P.R.M." R-55; R-2 2,235,419.85 R-3 2,234,809q.16 -a thence S OW 42'58" E a distance oqf945.78 feet to a point, said point being S 8P 44'00" W, 56.00 R-4 2,233,931.06 feet from "P.R.M." R-56; I R-5 2,232,877.78 thence S 09* 22'42" E a distance of 892.96 feet to a point, said point being S 81144'00" W, 33.00 R-6 2232,029.66 feet from "P.R.M." R-57; R-7 2,231,057.43 thence S 07041'46" E a distance of 992.51 feet to a point, said point being S 86* 44'00" W, 33.00 R-8 2,230,086.09 feet from "P.R.M." R-58; R-9 2,229,070.28 thnceS08123' 18" E a distance of 938.49 feet to a point, said point being N 86144'00" E, WOO R-10 2,228,049.26 feet from "P.R.M." R-59; R-11 2,227,028.21 thence S 08127'43" E a distance of 909.44 feet to a point, said point being S 81' 44'00" W, 47.00 R-12 2,225,946.08 feet from "P.R.M." R-60; R-13 2,224,898.626 thence SOB' 1 V52" E adistanceof 1079.11 feet toa point, said point beingS 8P 44'00" W,29.00 feet from "P.R.M." R-61; R-14 2,223,939,991 R-15 2,223,039.898 thence S 08* 32'21" E a distance of 892.22 feet to a point, said point being S 81* 44'00" W, 27.00 R-16 2,221,911.409 feet from "P.R.M." R-62; R-t7 2,221,036.334 thence S 08'20'08" E a distance of 994.62 feet to a point, said point being S 81'44'00" W, 39.00 R-18 2,220,071454 feet from "P.R.M." R-63; R-19 2,219,199.660 thence S 08* 34'35" E a distance of 895.37 feet toa point, said point bring S 81* 44'00" W, 25.00 R-20 2) 118,265q.284 feet from "P.R.M." R-64; thence S 09'29'22" E a distance of 981.70 feet toa point, said point being S 81144'00" W, 46.00 R-21 2,217,225.669 R-22 2,216,404-953 feet from "P.R.M." R-65; R-23 2,215,492.687 thence S 09129'53" E a distance of 991.65 feet to a point, said point being N 81'44'00" E, 149.00 R-24 2,214,739.568 feet from "P.R.M." R-66; R-25 2,214,121-825 thence S 09'32'23" E a distance of 976.50 feet to a point, said point being S 76'44'00" W, 39.00 R-26 feet from "P.R.M." R-67i 2,211,125.155 R-27 2,210,141.352 thence S 09'37' 35" E a distance of 970.22 feet to a point, said point being S 81 *44' 00" W, 2 1.00 R-28 2,209,393.310 feet from "P.0q&M." R-68; R-29 2,208,001511 thnceS 09'41'54" Ea distance of 1046.25 feet to a point, said point being S 814 44'00" W, 27.00 R-30 2,207,045.384 feet from "P.R.M." R-69; R-31 2,198,797-579 thence S 09' 51'24" E a distance of 1025.03 feet to a point, said Point being S 8 1'44'00" W, 48.00 R-32 2.197,715,600 88 89 16B-26.05 Description of the Nassau STATION NORTIIING EASTING County Coastal Construction Control R-33 2,196,873.049 374,364.289 Line. R-34 2,195,918.268 374,298.913 , (1) There is hereby established, pursuant R-35 2,194,844.007 374,291.869 to Section 161.053, Florida Statutes, the Nassau County Coastal Construction R-36 2.193,929.149 374,281.397 Control Line. The legal description of said R-37 2,193,169.450 374257.102 line is attached hereto. R-38 2,191,908.708 374265.859 (2) This rule amendment shall take effect R-39 2,191,058.360 374,284.727 20 days after riling with the Florida R-40 2,190,093.658 374,265.917 Department of State or an thee date that it is R-41 2,189,197.575 374,368.804 duly recorded in the public records in the R-42 2,188,152.625 374,458.220 office of the Clerk of the Circuit Court, in and R-43 2,187,337.857 374,522.254 for Nassau County. Florida, together with R-44 2,186,375.856 374,485.256 each affected municipality, whichever is later. R-45 2,185,453.340 374,675.323 (3) After this rule amendment becomes R-46 2,184,488.260 374,740.678 effective, a permit to alter, excavate or R-47 2,183,505.847 374,880.968 construct on property seaward of the R-48 2,182,484.075 374,997,380 established control fine is required from the R-49 2,181,560.708 375,064.474 Department. R-50 2,180,640.844 375,144.175 Specific Authority: 370.021(1) F.S. Law Implemented 161.053 F.S. History - New 1-51 2,179,700.398 375,216.327 4-15-76, Amended 4-6-83. -52 2,178,647.164 375,311.309 77,71 .1098 3,374.145 METES AND BOUNDS R-54 2,176,803.920 375,445,797 DESCRIPTION FOR THE COASTAL R-55 2,175,892.978 375,584.481 CONSTRUCTION CONTROL LINE R-56 2,174,958.837 375,699.543 NASSAU COUNTY, FLORIDA R-57 2,174,074.507 375,822.294 Description of the coastal construction R-58 2,173,088.070 375,955.500 control line is established in compliance with R-59 2,172,152.663 375,970.609 Section 161.053, Florida Statutes, said control line lying along the Atlantic Coast R-6o 2,171,264.952 376,289.800 from the mean high water line of the southern R-61 2,170,194.280 376,375.857 bank or Cumberland Sound southerly to the R-62 2,169,311,664 376,506.359 mean high water line of the northern bank of R-63 R-64 2,168,329.276 376,662.427 Nassau Sound. 2,167,411.903 376,782.099 Said coastal donstruction control line is R-65 2,166,476.652 376,964.780 related to a series of "Permanent Reference R-66 2,165,470.560 376,935.393 Monuments" (P. R. M.) designated and R-67 hereinafter referred to as "74-81-AOI 2,164,537.938 377.282.640 through 74-31-A29" for monuments R-68 2,163,575.450 377,427.705 established by the Department of Natural R-69 2,162,545.018 377,609.895 Resources. State of Florida or referred to by R-70 2,161,538.134 377,806.144 station name for monuments established by R-71 2,160,555.065 377,781.484 the National Geodetic Survey (N. G. S.) or R-72 2,159,677.863 378,171.291 by the U. S. Corps of Engineers (U. S. C. E). R-73 2,158,675.955 378,298.757 Commence at P. R. M. 74-81 -A02; T'heacc S R-74 2,157,807.886 378,527.332 62 deg. S9 min. 38 sec. E a distance of R-75 2,156,828.979 378,741.415 901.314 fen to the point of beginning R-76 2,155,824.503 378,949.774 Thence N 10 deg. 00 min. 00 sec. I- to the R-77 2,154,903.371 379,049.650 point of intersection with the mean high R-78 2,154,052.174 379,268.570 water line of the southern bank of R-79 2,153,053.482 379,439.709 Cumberland Sound; said point being the R 2,151,939.292 379,681.728 16B-2 1984, ANNUAL SUPPLEMENT 15 1984 ANNUAL I min. 18 sec. W a distance of 948.13 feet to a min. 34 sec. We distance of 1026.94 feet to a point. said paint bring S 22 deg, 43 min. 27 point; Thence S 02 deg. 35 min. 37 sec. W a deg 01 min. 36 sec. E. a distance of 735.68 sec. W a distance of 296.392 feet from P. R. distance of 686.47 feet to a point; Thence S O1 feet to a point; Thence S 09 deg. 00 min. 11 M. 74-81-All. deg. 58 min. 12 sec. W a distance of 948.20 sec. W a distance of 1045.09 feet to a point, Thence S 09 deg. 10 min. 10 sec. W a distance feet to a point; Thence S O1 deg. 54 min. 20 said point being S 60 deg. 02 min. 58 sec. W a of 906.75 feet to a point; Thence S 09 deg. 52 sec. W a distance of 1025.77 feet to a point distance of 411.935 Feet from P. R. M. min. 34 sec. W a distance of 854.58 feet to a said point being S 85 deg. 13 min. 17 sec. E a 74-81-A26. point, said point being N 02 deg. 04 min. 03 distance of 95.000 feet from P. R. M Thence S 19 deg 42 min. 54 sec. W a distance sec. E a distance of 447.709 feet from P. R. 74-81-A19. of 929.52 feet to a point; Thence S 27 deg. 16 M. 74-81-A12. Theme S 02 deg. 37 min. 28 sec. W a distance min. 56 sec. W a distance of 955.63 feet to a Thence. S 09 deg 55 min. 07 sec. W a distance of 834.02 feet to a point; Thence S 02 deg. 05 Point. said point beinq N 33 deg. 00 min. 38 Of 1100.59 feet to a point, Thence S 10 deg, 23 min. 23 sec. W a distance of 901.65 feet to a sec. W a distance of 77.248 feet P. R. M. min. 03 sec. W a distance of 972.59 feet to a point; Thence S 00 deg. 57 min. 45 sec. W a 74-81-A27. point; Thence S 09 deg. 27 min. 20 sec. W a distance of 941.73 feet to a point; Thence S02 Thence S 27 deg. 16 min. 56 sec. W to the distance of 1018.24 feet to a point, said point deg. 49 min. 2S see. W a distance of 1175.39 Point of intersection with the mean high being. 45 min. 14 sec. Ea distance of feet to a point, said point being S 80 deg. 19 water line of the northern bank of Nassau 367.116 feet from P. R. M. 74-81-A13. min. 01 see. E a distance of 144.937 feet from Sound; said point being the southerly Thence S 09 deg. 46 min. 56 sec. W a distance P. R. M. 74-81-A20. terminus of the coastal construction control of 975.04 feet to a point; Thence S 10 deg. 22 Thence S 00 deg. 07 min. 55 sec. E a distance line in Nassau County. min. 05 sec. W a distance of 896.35 feet to a of 1012.78 feet to a point; thence S 01 deg. 06 point; Thence S 10 deg. 13 min. 37 see. W a min. 52 sec. E a distance of 980.45 feet to a 16B-26.06 Description of the Charlotte corporation or governmental agency shall distance of 1068.69 feet to a point; Thence S point; Thence S 02 deg. 42 min. 39 sec. E a County Coastal Construction Setback Line construct any structure whatsoever seaward 10 deg. 11 min. 39 sec. W a distance of 998.71 distance of 962.08 feet to a point; Thence S 03 There is hereby established pursuant to thereof, or perform any actions as described in feet to a point, said point being S 04 deg. 51 deg. 51 min. 36 sec. E a distance of 1023.38 Section 161.053, Florida Statues, a costal Section 161.053, Florida Statues, without min. 53 sec. E a distance of 481.970 feet from feet to a point, said point being S 10 deg. 35 construction setback line in Charlotte County, obtaining a permit as described in said section P. R. M. 74-81-A14. min. 56 sec. W a distance of 181.740 feet from Florida. The legal description of said line is of the statute, and all provisions of said Section P. R. M. 74-81-A21. attached hereto and labeled exhibit "A" Shall apply to this rule Thence S 03 deg. 14 min. 39 sec. E a distance After this rule has been recorded in the Specific Authority 120, 161.053 FS. Law Thence S 10 deg. 17 min. 31 sec. W a distance of 941.54 feet fo a point; Thence S 03 deg. 29 office of the Clerk of the CIrcuit Court in and Implemented 161.053 FS. History-New 2-14-77, of 1014.66 feet to a point; Thence S 11 deg 23 min. 07 sec. E a distance of 1027.09 feet to a for Charlotte County, Florida, no person, firm Amended 4-28-78 min. 07 sec. W a dostamce pf 879.95 feet to a point; Thence S 03 deg. 56 min. 45 sec. E a point; Thence S 09 deg. 22 min. 39 sec. W a distance of 953.01 feet to a point; Thence S 05 EXHIBIT "A" (Chapter 16B-26.06) distance of 955.22 feet to a point; Thence S 07 deg. 13 min. 26 sec. E a distance of 948. Description of Coastal Construction Setback line established in compliance with Section deg. 58 min. 02 see. W a distance of 1042.15 feet to a point, said point being S 26 deg. 27 161.053 Florida Statutes, said Setback line lying along the Gulf of Mexico Coast from the feet to a point, said point being N 80 deg. min. 21 sec. W a distance of 192.372 feet from Charlotte and Sarasota County line southerly to the Charlotte and Lee County line. min. 19 sec. E a distance of 170.510 feet from P. R. M. 74-81-A22. Said Coastal Construction Setback line is related to a series of "Permanent Reference P. R. M. 74-81-A15. Thence S 06 deg. 36 min. 31 sec. E a distance Monuments" (P.R.M.) designated and hereinafter referred to as "R-2" through "R-68" as Thence S08 deg. 34 min. 17 sec. W a distance of 938.87 feet to a point; Thence S 08 deg. 27 established by the Department of Natural Resources, State of Florida in 1973, said monuments of 1068.58 feet to a point; Thence S10 deg. 49 min. 03 sec. E a distance of 911.37 feet to a are co-ordianted on the Florida State Plane co-ordinate system, West Zone and a table of said min. 49 sec. W a distance of 969.93 feet to a point being N 67 deg. 43 min. 44 sec. W a co-ordinates are attached hereto and made a part of hereof, "P.R.M." R-2 is located near the point; Thence S 11 deg. 08 min. 14 sec. W a distance of 935.68 feet to a point; Thence S 08 Charlotte and Sarasota County line. distance of 793.01 feet to a point, said point deg. 45 min. 27 sec. E a distance of 978.96 Commence at "P.R.M." R-2 and run N 65 02'00" E, a distance of 80.00 feet to a point on the being S 25 deg. 24 min. 49 sec. E a distance of feet to point; Thence S 09 deg. 32 min. 09 sec. setback line; thence run N 25 54' 25" W to a point of intersection with the Charlotte, Sarasota 319.300 feet from P. R. M. 74-81-A16. E a distance of 1038.84 feet to a point, said County line for a point of beginning; thence returning along the previous course, run S 25 54' 25" Thence S09 deg. 03 min. 02 sec. W a distance point being N 67 deg. 43 min. 44 sec. W a E, to a point being N 65 02' 00 E, a distance of 80.00 feet from "P.R.M." R-2; of 1167.69 feet to a point; Thence S05 deg. 48 distance of 98.712 feet from P/ R. M. thence S 25 33'37 E, a distance of 1000.29 feet to a point, said point being N 60 02'00" E, 73.00 min. 15 sec. W a dostamce pf 888.37 feet to a 74-81-A23. feet from "P.R.M." R-3; point, said point being N 80 deg. 30 min. 30 Thence S 10 deg. 59 min. 36 sec. E a distance thence S 28 30' 28" E, a distance of 1030.15 feet to a point, said point being N 65 02' 00" E, 99.00 M. 74-81-A17. of 972.92 feet to a point; Thence S 11 deg. 00 min. 37 sec. E a distance of 1030.15 feet to a feet from "P.M.R." R-4; Thence S07 deg. 13 min. 36 sec. W a distance point; Thence S 13 deg. 02 min. 19 sec. E a thence S 27 28' 20" E, a distance of 987.50 feet to a point, said point being N 65 02' 00 E, 71.00 of a 815.99 feet to a point; Thence S07 deg. 55 distance of 889.30 feet to a point, said point feet from "P.R.M." R-5; min. 38 sec. W a distance of 981.07 feet to a being N 45 deg. 12 min. 02 sec. W a distance thence S 27 50' 00 E, a distance of 987.94 feet to a point, said point being N 65 02'00" E, 81.00 distance of 1021.13 feet to a point; Thence S of 243.871 feet from P. R. M. 74-81-A24. feet from "P.R.M." R-6; Thence S 12 deg 48 min. 27 sec. E a distance thence S 27 57' 17" E, a distance of 917.58 feet to a point, said point being N 65 02'00" E 74.00 of 993.02 feet to a point; Thence S 15 deg. 08 feet from "P.R.M." R-7" 06 deg. 06 min. 18 sec. W a distance of 933.57 min. 15 sec. E a distance of 1044.80 feet to a feet to a point. said point being N 40deg . 18 point; Thence S 14 deg. 56 min. 45 sec. E a min. 22 sec. E a distance of 436.772 feet from distance of 942.18 feet to a point; Thence S 12 P. R. M. 74-81-A18. Thence SO4 deg 41 min. 10 sec. W A distance of 922.90 feet to a point; Thence S 03 deg. 41 95 0 CH. 126 DEPARTMENT OF NATURAL RESOURCES SETBA thence S 29111'29" E,a distance of IX)1.85 feet to a point, said point being N 65"02'00" E. 43.06 feet from "P.qR.qW' R-37; feet from "P.R.M." K8; thence S 34"28' 30" E, a distance of 77 3.90 fee thence S 29"09'26" E, a distance of 10 10.70 feet to a point, said point being N 65'02'00" E, 60.00 feet from "P.R.M." R-38; feet from "P.R.M." R-9; thenceS35'44'22" E, a distance of942.16 fee thence S 29*53'21" E, a distance of It 11.16 feet to a point, said point being N 65*02'00" E, 68.00 feet from "P.R.M." R-39; feet from "P.R.M." R-10; thence S 35"00' 57" E, a distance of 1004.46 thence S26*41'56" E, a distance of 1065.42 feet toa point, said point being N 165*02'00" E, 75.00 108.00 feet from "P.R.0qM," R-40; feet from "P.R.M." lqi-11; thence S 33" 52'27" E,a distance of964.66 fee thence S27'47'35" E, a distanccoF99.44 feet toa point, said point being N 60'02'00" E,48.00 feet from "P.R.M." R-41; q6tt from "P.R.M." R-12; thence S 32'50'00" E. a distance of 1091-62 fee thence S 26*51' 46" E, a distance of 1024.39 feet to a point, said Point being N 60'02' W' E. feet from "P.,R-M." R-42; 73,OW feet from "P.R.M." R-13; thence S q321q48' 28" E, a distance of 1007.32 thence 9 29"32'20" E,a distance of 1079.48 feet to a point, said point being N 60'02'00" E, 70.00 101.00 feet from "P.R.M," R-43; feet from "P.R.M." R-14; thence S 32128' 52" E, a distance of 1069-24 fee thence S 29059' 49" E, a distance of 982.26 feet to a point, said point being N 60"02'00" E, 80.00 feet from "P.R.M." R-44; feel from "P.R.M." R-15; thence S 32"26' 10" E, a distance of 1038.62 fee ence 3 32057' 34" E, a distance of 965.06 feet to a point, said point being N 55'02' 0" E, 77.00 - feet from "P.R.M." R-45; feet liorn "P.R.M." R-16; thenceS 30'26'38" E,a distance of987.86 feet thenct SW35'36" E, a distance of997.95 feet loa point, said pointbeingN 55'02'00" E,73,00 feet from "P.R.M." R-46; feet finm "P.R.M." R-17; thence S 30158' 54" E, a distance of 1068.28 then" S 37135' 11" E, a distance of 1001.24 feet to a point, said point being N 55'02'00" E. 104-00 feet from "P.R.M." R-47; 170.00 feet from "P.R.M." R-18; thenceS 32120'47" E, a distance of 875.53 feet thcnceS34*21'26 E, a distance o(970.51 feet toa point, said point being N 55'02'00"E,217.00 feet from "P.R.M." R-48; I feet from "P.R.M." R-19; thence S 35*51' 13" E, a distance of 1040@57 thenceS46'W43" E, a distance of 920.52 feet to a point, said point being N 55'02'00"E,419.00 102.00 feet from '0qT.R.M." R-49; ,et from "P.R.M." R-20; thenceS 37'07'35" E, a distance of 943-17 feet e S 5q"8' 33" E, a distance of 1002.58 feet to a point, said point being N 50*02' 0" E, feet from 'TJK.M." R-50; 4.00 feet from "P.R.M." R-21; thence S 31q@8q4'5A" f-, a distanceof 1183.62 fee thenS 8qW21 5J',qtEa distance 2p2p1p50.12 feet toa point,said point beingS 7458'00"E, 210.00 from"'T.'R, 6M." R-51; qOet from "q?-.R.M." R-22; 'hence S35150'0WE, a distance ofTI 02@& fee -C@ t,446'C61 A. - ftqitt from "P.R.M." R-52; thq@e-S 2' . -feet from ..P.R.M."-23; thenceS S2*27'39" E.adistanceof 1112-53 fee thence S 28*18' 16;' E, a distance of 1029.63 feet to a point, said point being N 40'02' 00" E, feet from "P.R.M." R-53; 150.00 feet from 4q4.R.M." R-24; thenceS 29011'32" E,adistanceof 1045-14 fee thenceS 33'20'44" E,adistanceof 1105.13fect toa point,said pointbeing N 48*02'00" E, 37.00 feet from "P.R.M." R-54; feet from 0qV R.M." R-25; thence S 27116'56" E, a distance of 1032.93 fee thence S 35054'3'7" E,a distance o(996.10 feet to a point, said point being N 50'02'00" E, 100.00 feet from "P.R.M." R-55; feet from "P.R.M." R-26; thence S 33122'35" E, a distance of 1040-95 fee thenceS 29*27'46" E, a distance of935.21 feet to a point, said point being S 50'02'00" W, 120.00 feet from "P.R.M." R-56; feet from '0qT.R.0qM." R-27; thence S 33107'47" E, a distance o(490.57 feet thence S 36*49'56" E, adistance of 1052.37 feet toa point,said point beingS 45102'00" W, 28.00 feet from "P.R.M." R-57; feet from "P.R.M." R-28; thence S 46'00' 00" E, a distance of 320.00 thenceS 39*03'00" E, adistanceof 1007.47 feet toa point,said pointbeingS 50'02'00" W, 25-00 then" S 9*25' 53" E, a distance of 2154.46 feet feet from "P.R.M." R-29; to a point being "P.R.M." R-58; thenceS 33122'35" E,adistanceof 1012.41 feet toa point,said point beingS 55102'00"W,70.00 thence S 65120'35" W, a distance of 345.00 fee feet from '0T.R.M." R-30; feet from "P.R,M." R-59and N 24158'00" thenceS 32'07'16" E, a distance of 999.08 feet to a point, said point being N 55'02'00" E, 15.00 said DNR Setback Line; feet from "P.R.M." R-31; thence S 521 16' 54" W, a distance of 235.0 thence S 32 44'21 " E, a distance of 964.45 feet to a point, said point being N 55*02'00" E, 89.00 thence S 140 27' 55" W, a distance of 500.0 feet from 'T.R.M." R-32; thence S 071 49' 24" E, a distance of 1033-02 thence S 32043'52" E, a distance of 966.83 feet to a point, said point being N 55*02'00" E, 73.00 104.00 feet from "P.R,M." R-61 and S 65- feet from 'T.R.M." R-33; Setback Line; thenceS 33034'28" E, a distance of 903.63 feet to a point, said pointbeingN 55'02'00" E, 54.00 thence S 24' 34' 24" E, a distance of 765.00 feet from "P.R.M." R-34; thence S 29109'17" E, adistance of 321.36 feet thence S 33*38'34" E, a distance of957.70fect to a point, said point being N 55102' 00" E, 22.00 feet from "P.R.M." R-62 and S 601 02'00 feet from "P.R.M." R-35; Line; thenceS 31*09'17" E,adistanceof 1012.00 feet to a point, said poinibeingS 55'02'00"W,46.00 thence S 29' 09' 17" E, a distance of 467.26 feet f "P.R.M." R-36; then" S 36' 20' 18" E, a distance of 500.00 thence 16" E, a distance of 973.79 feet to a point, said point being N 55'02'00" E, 40.00 thence S 331 50' 18" E, a distance of 100 1.06 fe 0qW 8q01 96 1. CH. IGB-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE 1611-26 02, 00" 00 feet from a PI in said DNR Setback Line; STATION NORTHING s,rING thence S 311 35' 18" E, a distance of 780.00 feet to a point; W-A R-45 912,670.41 401,348.25 thenceS 38141'52" E, adistaoccof229.82 feet toa point,said point bring S60'02'00" W, 48.57 R-46 911,811.20 401,84S.31 feelfrorn "P.R.M." R-65 andS60'02'00"W, 38.57 feet froma PI in said DNR Setback Line; R-47 910,874.90 402,350.20 thence S 38' 41' 52" E, a distance of 317.59 feet to an intersection with said DNR Setback Lille; R-48 910,144.19 402,847.28 thence S 31' 43'28" E, along said DNR Setback Line a distance of 670.00 feet to a point, said R-49 909,285.32 403,434.63 point being S 60' 02' 00" W, 5.00 feet from "P.R.M." R-66; R-50 908,563.12 404,046.52 thence S 28' 41'38" E, a distance of 1001.72 feet to "P.R.M." R-67, said "P.R.M." being S 65' R-51 907,662.05 404,816.42 02'00" W, 25.00 feet from a PI in said DNR Setback Line; R-52 906,780.35 405,48179 thence S 29* 02'53" E, a distance of 545.78 feet to "P.M.R." R-68 on said DNR Setback Line; R-53 905,848.11 406,088.63 thence run S 26* 22' 57" E, along said DNR Setback Line to a point of intersection with the R-54 904,902.77 406,544.75 Charlotte County-L" County Line, said point being the southerly terminus of the above k-55 903,968.76 406,990.50 described Coastal Construction Setback Line. R-56 903,093.96 407,566.67 CHARLOTTE COUNTY R-57 902,652.43 407,844.59 COORDINATE LIST R-58 900,378.49 408,479.49 STATION NORTHING EASTING R-59 900,324.45 407,885.25 R-2 948,673.16 378,515.62 R-60 899,628.54 407,606.12 R-3 947,768.08 378,956.49 R-61 898,617.80 407,773.93 R-4 946,857.51 379,421.65 R-62 897,634.39 408,231.15 R-5 945,993,18 379,902.58 R-63 896,817.95 408,745.33 R-6 945,115.32 380,354.78 IF-64 895,986.46 409,302.77 R-7 944,307.75 380,791.27 R-65 895,166.93 409,897.11 IR-8 943,533.53 381,259.23 R-66 894,327.41 410,410.23 942,643.72 381,736.24 R-67 893,446.21 410,886.85 941,676.98 382,282.71 R-68 892,969.08 411,151.85 940,722.21 382,755.05 R-12 939,848.40 383,246.08 16B-26.07 Description of the Lee corporation or governmental agency shall R-13 938,922.07 383,687.30 County Coastal Construction Setback Line. construct any structure whatsoever seaward R-14 937,984.40 384,222.10 There is hereby established pursuant to thereof, or perform any actions as described in R-15 937,128.72 384,704.52 Section 161.053, Florida Statutes, a coastal Section 161.053, Florida Statutes, without R-16 936,314-51 385,235.76 construction setback line in Lee County, obtaining a permit as described in said Smion R-17 9-35,458.02 - 335,746.85 Florida. The legal description of said line is of the Statute, and all provisions of said Section R-18 934,609.01 386,278.07 attached hereto and labeled exhibit "A". shall apply to this rule. LP4 R-19 933,780.89 386,787.26 After this rule has been recorded in the Specific Authority 120, 161.053 FS. Law R-20 933,025.81 387,284.03 office of the Clerk of the Circuit Court in and Implemented 161.053 FS. History-Nes-, 9-28-77. R-21 932,305.86 387,954.58 for Lee County, Florida, no person, firm, R-22 931,432.42 388,743.60 EXHIBIT "A" (Chapter 16B-26.07) R-23 930,563.05 389,073.39 METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION R-24 929,866.75 389,790.57 SETBACK LINE IN LEE COUNTY, FLORIDA R-25 929,033.66 390,467.02 Description of Coastal Construction Setback Lines established in compliance with Section R-26 928,187.39 391,002.12 161.053, Florida Statutes, said setback line lying along the Gulf of Mexico Coast from the R-27 927,514.44 391,630.72 Charlotte County and Lee County line, southerly to the Lee County and Collier County line. R-28 926,614.84 392,189.43 R-29 925,828.71 392,823.48 Said Coastal Construction Setback Line is related to a series of "Permanent Reference R-30 925,007.33 393,418.65 Monuments" (P.R.M.) designated and hereinafter referred to as "R-1" through "R-239" as R-31 924,113.32 393,879.69 established by the Department of Natural Resources, State of Florida. R-32 923,259.67 394,340.63 GASPARILLA ISLAND R-33 922,455.53 394,876.50 R-34 921,713.54 395,391.80 The Coastal Construction Setback Line is coincident with the seaward boundary of Zone I as R-35 920,934.58 395,948.61 established by Lee County Ordinance Number 77-1 and described as follows in Exhibit A of that R-36 920,107.51 396,527.89 ordinance; said exhibit is on file with the Clerk of the Circuit Court for Lee County. R-37 919,240.19 396,985.70 From Department of Natural Resources (D.N.R.) P.R.M. R-1 having coordinates of North R-38 918,574.12 397,383.61 892,404.43 and East 411,390.67 of the Florida State Plane Coordinate System West Zone in Section 2. Township 43 South, range 20 East, Lee County, Florida; R-39 911,875.87 398,028.98 Thence N 32'24' 13" W for 246.83 feet to P.R.M. G-1 marking the intersection with the north R-40 916,975.85 398,494.72 line of said Section 2 on the north boundary of Lee County on Gasparilla Island and the point R-41 916,271.78 399,170.89 of beginning of the seaward line of Zone 1; R-42 915,292.66 399,674.25 Thence S 23144'27" E to P.R.M. G-2, said point being S 85'00'W, 55 feet from Department of R-43 914,415.06 400,175.79 Natural Resources (D-N.R.) P.R.M. R-1; R-44 913,546.99 400,791.18 98 99 CH. 161-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 STB Thence S 23 44'27" E for 1030.78 feet to P.R.M.G-3, said point being S 85"00'W.25 feet from, LA COSTA ISLAND D.N.R. P.R.M. R-2. Commence at P.R.M. R-27. Thence S 16'57'21" E for994.60feet to P.R.M. G-4,said point being N 85 00,S, 30 feet from THENCE run S 45 00'00" E (GN)a distance of 33.00 feet to a point on the SBL. and the point of D.N.R. P.R.M. R-3; beginning; Thence S 15'02'43" E for 994.20 feet to P.R.M. G-5, said point being S 85'00'W, 23 feet from THENCE run N 59 30'00" E (GN) a distance of 497.00 feet to a point on the SBL. D.N.R. P.R.M. R-4; THENCE run N 67 16'55" E (GN) a distance of 238.00 feet to a point on the SBL. ThenceSII'53' 17"E for 1019.61 feet to P.R. M. G-6, said point being S 85100' W, 30 feet from THENCE run N 40 47'25" W (GN) to a point of intersection with the mean high water line, D.M.R. P.R.M. R-5; said point being the Northerly terminus of the Coastal Construction Setaback Line for La Costa ThenceS 10 136'22" E for 1036.21 feet to P.R.M. G-7, said point being N 85100' E, 35 feet from Island. D.N.R. P.R.M. R-6; THENCE returning along the same lines to the P.O.B.; Thence S 7 25'05" E for 978.81 feet to P.R.M. G-8, said point being S 85"00' W, 40 feet from THENCE run S 42 94'43" W (GN) a distance of 956.42 feet to a point on the SBL, said point D.N.R. P.R,M. R-7; being S 40 00' 00" E (GN) 46.00 feet from P.R.M. R-28; Thence S 10'47'31" E for 1011.94 feet to P.R.M.G-9,said point being N 85"00' E, 38 feet from THENCE run S 30 37'48" W (GN) a distance of 238.00 feet to a point on the SBL; D.N.R. P.R.M. R-8-, THENCE run S 13 41'20" E (GN) a distance of 437.00 feet to a point on the SBL, said point Thence S&43'39" E for 1170.18 feet to P.R.M. G-10,saidpoint being S 85 100'W, 142 feet from being S 75 00' 00" E (GN) 61.00 feet from P.R.M D.N.R. P.R.M. R-9; THENCE. run S 06" 55' 13" E (GN) a didtance of 283.00 feet to a point on the SBL; Thence S 1 41' 09" E for 415.36 feet to P.R.M. G-I 1; THENCE. run S 20 52'08" W (GN) a distance of 772.00 feet to a point on the SBL, said point Thence run S 6 46' 23" E for 889.41 feet to P.R.M. G-12, said point being S 85 '00'W, 35 feet being S 75 00' 00" E (GN) 117.00 feet from P.R.M. R-30; from D.N.R. P.R.M. R-10; THENCE run S 05 46'41" W (GN) a distance of 946.40 feet to a point on the SBL, said point Thence S 2'09'2 6" W for 214.47 feet to P.R.M. G-13 marking thesoutherly boundary of area being S 75 00' 00" E (GN) 20.00 feet from P.R.M. R-31; I-A and the northerly boundary of area I-B of said Zone I,said point being S 1 27' 06" THENCE run S 05 23' 11" E (GN) a distance of 817.92 feet to a point on the SBL, sain point 221.24 feet from D.N.R. P.R.M. R-10; being N 75 00' 00" W. (GN) 46.00 feet from P.R.M. R-32; Thence S 7 48' 09" E for 1874.64 feet to P.R.M. G-14; THENCE run S 0 23'29" W (GN) a distance of 1174.00 feet to a point on the SBL, said point Thence S 9 37 17" E foi-786.721 5 cetto P.R.M. G-15,said point being S 25'52'48" E, 184.12feet being N 85 00' 00" W (GN) 109.00 feet from P.R.M. R-34; from D.N.R. P.R.M. R-12; THENCE run S 06 38'33" W (GN) a distance of 882.92 feet to a point on the SBL, said point :ncc S 0 0'43' 17" E for 1542.36 fea to P. R. M. G- 16; being N 80 00' 00" W (GN) 148.00 feet from P.R.M. R-34; Thence S 4' 13' 59" E for 446.28 feet to P:0qW-.M. G- 17 THENCE run S 05 46' 57" W (GN) a distance of 226.00 feet to a point on the SBL; Thence S 4q029`62'? E for 1384.87'.feet'- to p.r.M. G-18; THENCE run S 19 01'22" W (GN) a distance of 824.00 feet to a point on the SBL, said point Thence S 33' 36 56" E for 190.32 feet to P-W.M. G-19 marking a point on the south boundary of being N 75 00' 00" W (GN) 262.00 feet from P.R.M. R-35; said area1-B and the north boundary of said area 1-A if said Zone 1,said point being N 20 32' THENCE run S 19 53' 44" W (GN) a distance of 297.00 feet to a point on the SBL; 07" W, 465.28 feet from D.N.R. P.R.M. R-16; THENCE run S 33 51'42" W (GN) a distance of 616.00 feet to a point on the SBL, Thence S 4 46' 24" E for 1171.33 feet to P.R.M. G-20; THENCE run S 20 08'00" E (GN) a distance of 152.00 feet to a point on the SBL, said point Thence S 4 13 1 '58" W for 276;27 feet to P.R.M. G-21, said point being S 85'00'W, 107.00 feet being S 72 00' 00" W (GN) 178.00 feet from P.R.M. R-36 from D.N.R. P.R.M. R-17; THENCE run S 20 07'44" E (GN) a distance of 846.35 feet to a point on the SBL, said point Thence S 1 6' 52" E for 1025.69 feet to P.R.M. G-22, said point being S 85 00'W, 120.00 feet being N 60 00' 00" E (GN) 80.00 feet from P.R.M. R-37; from D.N.R. P.R.M. R-18; THENCE run S 15 31'40" E (GN) a distance of 959.44 feet to a point on the SBL, said point Thence S 1'42'44" E for 1002.42 feet to P.R.M. G-23, said Point being S 85'00'W, 165.00 feet being S 60 00' 00" W (GN) 64.00 feet from P.R.M. R-38; from D.N.R. P.R.M. R-19; THENCE run S 14 47' 13" E (GN) a distance of 523.00 feet to a point on the SBL; Thence S 120 18' 02" E for 319.00 feet to P.R.M. G-24; THENCE run S 07 24'42" W (GN) a distance of 512.00 feet to a point on the SBL, said point -25, said point being N 70'46'21" W, 14 Thence S 5 3 8'30" E for 615.00 feet to P.R.M. G 1.08 being S 75'00' 00" W (GN) 9.00 feet from P.R.M. R-39; feet from D.N.R. P.R.M. R 20; THENCE run S 38 38'38" E (GN) a distance of 903.45 feet to a point on the SBL, said point Thence S 1 120' 46" E for 1338.38 feet to P.R.M. G-26; being N 60' 00' 00" E (GN) 96.00 feet from P.R.M. R-40; Thence S 10' 02" E for 716.77 feet to P.R.M. G-27; THENCE run S 36 42'23" E (GN) a distance of 940.94 feet to a point to a point on the SBL, said point Thence S 4 12'49" W for 870.55 feet to P.R.M. G-28, said point being N WOO' E, 45.00 feet being S 60 00'00" W (GN) 182.00 feet from P.R.M. R-41; from D.N.R. P.R.M. R-23; THENCE run S 36 29'41" E (GN) a distance of 738.99 feet to a point on the SBL, said point ThenceS 2'45'23" W for 1121.06 feet to P.R.M. G-29, said point being S 85'00'W, 95.0 0 feet being S 45 00' 00" W (GN) 70.00 feet from P.R.M. R*42; from D.N.R. P.R.M. R-24; THENCE run S 34 47'36" E (GN) a distance of 1106.75 feet to a point on the SBL, said point Thence S 3' 39' 43" W for 577.93 feet to P.R.M. G-30; being N 65 00' 00" E (GN) 44.00 feet form P.R.M. R-43; Thence S 34' 12'. 37" 8W for 272.42 feet to P.R.M. G-31; THENCE run S 33 07' 29" E (GN) a distance of 310.00 feet to a point on the SBL; Thence S 45 58' 41" E for 434.24 feet to P.R.M. G-32; THENCE run S 15 32'45" E (GN) a distance of 952.00 feet to a point on the SBL, said point Thence S 38' 34'30" E for 514.87 feet to P.R.M. G-33, said point being N 85'00' E, 45.00 feet being N 80 00' 00" E (GN) 32.00 feet form P.R.M. R-44' from D.N.R. P.R.M. R-26; THENCE run S 14 52' 24" E (GN) a distance of 975.43 feet to a point on the SBL, said point Thence S 39'50'22" E for 369.49 feet to P.R.M. G-34, said point being N 72'22'48" W, 278.41 being N 75 00' 00" E (GN) 79.00 feet from P.R.M. R-45; feet from D.N.R. P.R.M. R-26-A; THENCE run S 07 52'01" E (GN) a distance of 1024.08 feet to a point on the SBL, said point Thence S 80 22'20" E for 395.89 feet to P.R.M. G-35, said point being N 81 46, 29" E, 126.26 being N 80 00' 00" 69.00 feet from P.R.M. R-45; feet from said D.N.R. P.R.M. R-26-A; THENCE run S 19 26'10" E (GN) a distance of 940.06 feet to a point on the SBL,said point Thence continue S 80'22' 20" E for 180 feet more or less to the peak high water line of Charlotte being N 60 00' 00" E (GN) 165.00 feet from P.R.M. R-47; being the southerly terminus of the aforementioned seaward line of Zone 1. THENCE run S 22 04'34" E (GN) a distance of 987.78 feet to a point on the SBL, said point being N 80 00' 00" E (GN) 106.00 feet from P.R.M. R-48; 100 101 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 THENCE run 53' 35" E (GN) a distance of 021.61 feet to a point on the SBL, said point being N 60 00' 00" E (GN) 71.00 feet from P.R.M R-72; being N 60 00' 00" E (GN) 106.00 feet from P.R.M. R-49; THENCE run S 39 10' 21" E (GN) a distance of 1404.76 feet to a point on the SBL, said point THENCE run S 19 32' 24" E (GN) a distance of 958.79 feet to a point on the SBL, said point being N 60 00' 00" E (GN) 49.00 feet from P.R.M. R-73; being N 75 00' 00" E (GN) 111.00 feet from P.R.M. R-50; THENCE run S 37 18' 52" E (GN) a distance of 981.63 feet to a point on the SBL, said point THENCE run S 20 18' 03" E (GN) a distance of 1143.77 feet to a point on the SBL, said point being N 60 00' 00" E (GN) 2.00 feet from P.R.M. R-74; being N 65 00' 00" E (GN) 72.00 feet from P.R.M. R-51; THENCE run S 36 39' 05" E (GN) a distance of 649.25 feet to a point on the SBL, said point THENCE run S 18 33' 54" E (GN) a distance of 308.00 feet to a point on the SBL; being N 60 00' 00" E (GN) 34.00 feet from P.R.M. R-74-A; THENCE run S 39 39' 55" E (GN) a distance of 308.00 feet to a point on the SBL, said point THENCE run S 34 12' 50" E (GN) a distance of 595.43 feet to a point on the SBL, said point being S 55 00' 00" W (GN) 135.00 feet from P.R.M. R-52; being N 60 00' 00" E (GN) 23.00 feet from P.R.M. R-57; THENCE run S 51 34' 14" E (GN) a distance of 876.89 feet to a point on the SBL, said point THENCE run S 32 28' 28" E (GN) a distance of 778.56 feet to a point on the SBL, said point being N 40 00' 00" E (GN) 74.00 feet from P.R.M. R-53; being N 60 00' 00" E (GN) 58.00 feet from P.R.M. R-75-A; THENCE run S 51 28' 18" E (GN) a distance of 925.61 feet to a point on the SBL, said point THENCE run S 31 29' 57" E (GN) a distance of 911.59 feet to a point on the SBL, said point being N 45 00' 00" E (GN) 24.00 feet from P.R.M. R-54; being N 60 00' 00" E (GN) 128.00 feet from P.R.M. R-76; THENCE run S 42 50' 38" E (GN) a distance of 954.60 feet to a point on the SBL, said point THENCE run S 31 16' 44" E (GN) a distance of 745.16 feet to a point on the SBL, said point being N 60 00' 00" E (GN) 62.00 feet from P.R.M. R-55; being N 60 00' 00" (GN) 139.00 feet from P.R.M. R-76-A; THENCE run S 35 11' 18" E (GN) a distance of 1060.71 feet to a point on the SBL, said point THENCE run S 34 46' 52" E(GN) a distance of 670.96 feet to a point on the SBL, said point being N 65 00" E (GN) 82.00 feet from P.R.M. R-56; being N 55 00' 00" E(GN) 100.00 feet from P.R.M. R-77; THENCE run S 26 48' 15" E (GN) a distance of 1061.49 feet to a point on the SBL, said point THENCE run S 30 42' 48" E(GN) a distance fo 758.55 feet to a point on the SBL, said point being N 700 00' 00" E (GN) 97.00 feet from P.R.M. R-57; being N 55 00' 00" E (GN) 112.00 feet from P.R.M. R-77-A; THENCE run S 23 33' 35" E (GN) a distance of 1018.59 feet to a point on the SBL, said point THENCE run S 30 55' 22" E(GN) a distance of 1372.99 feet to a point on the SBL, said point being N 70 00' 00" E (GN) 108.00 feet from P.R.M. R-58; being N 60 00' 00" E (GN) 156.00 feet from P.R.M. R-78; THENCE run S 18 40' 04" E (GN) a distance of 1012.86 feet to a point on the SBL, said point THENCE run S 25 36' 59" E (GN) a distance of 1215.19 feet to a point on the SBL, said point being N 75 00' 00" E (GN) 92.00 feet from P.R.M. R-59; being N 80 00' 00" E (GN) 90.00 feet from P.R.M. R-79; THENCE run S 17 46' 35" E (GN) a distance of 985.25 feet to a point on the SBL, said point THENCE run S 18 00' 31" E (GN) a distance of 742.56 feet to a point on the SBL, said point N being N 75 00' 00" E (GN) 105.00 feet from P.R.M. R-60; 80 00' 00" E (GN) 110.00 feet from P.R.M. R-79-A; THENCE run S 14 50' 39" E (GN) a distance of 1048.89 feet to a point on the SBL, said point THENCE run S 18 10' 28" E (GN) a distance of 745.46 feet to a point on the SBL, said point being N 80 00' 00" E (GN) 113.00 feet from P.R.M. R-61; being N 80 00' 00" E (GN) 150.00 feet from P.R.M. R-80; THENCE run S 16 12' 37" E (GN) a distance of 1002.63 feet to a point on the SBL, said point THENCE run S 17 34' 34" E (GN) a distance of 1048.45 feet to a point on the SBL, said point being N 80 00' 00" E (GN) 140.00 feet from P.R.M. R-62; being N 77 00' 00" E (GN) 86.00 feet from P.R.M. R-81; THENCE run S 15 38' 53" E (GN) a distance of 991.34 feet to a point on the SBL, said point THENCE run S 16 14' 18" E (GN) a distance of 995.00 feet to a point on the SBL; being N 80 00' 00" E (GN) 153.00 feet from P.R.M. R-63; THENCE run S 41 54' 23" E (GN) a distance of 633.00 feet to a point on the SBL, said point THENCE run S 14 46' 28" E (GN) a distance of 1339.01 feet to a point on the SBL, said point being N 35 00' 00" E (GN) 78.00 feet from P.R.M. R-82; being N 75 00' 00" E (GN) 186.00 feet from P.R.M. R-64; THENCE run S 61 49' 28" E (GN) to a point of intersection with the mean high water line; said THENCE run S 20 33' 32" E (GN) a distance of 953.21 feet to a point on the SBL, said point point being the Southernly termunus of the Coastal Construction Setback Line on North Captiva being N 45 00' 00" E (GN) 198.00 feet from P.R.M. R-65; Island. THENCE run S 20 06' 17" E (GN) to a point of interseection with the mean high water line, said CAPTIVA ISLAND point being the SOutherly terminus of the Coastal Construsction Setvack Line on La Costa The Coastal Construction Setback Line is coincident with the seaward boundary of Zone I Island. established by Lee County Ordinance Number 76-15 and desbribed as follows in Exhibit A of that NORTH CAPTIVA ISLAND ordinance; said exhibit is on file with the CLerk of the Circuit Court for Lee County. Commence at P.R.M. R-66; From (D.N.R.) P.R.M. R-84 having coordinated of North 806,098.346 and East 434,296.943 of THENCE run S 30 00' 00" E (GN) a distance of 135.00 feet to a point on the SBL and the the Florida State Plane Coordinate System, West Zone, being in Section 15, Township 45 South, P.O.B.; Range 21 East, Lee County: THENCE run N 66 05' 52" E (GN) a distance of 355.00 feet to a point on the SBL; THENCE North 63 52' 06" East for 557.89 feet to P.R.M.C-I and the point of beginning of the THENCE run N 20 06' 17' E (GN) to a point of intersection with the mean high water line, said seaward line of Zone I, said point being South 35 24' 55" East, 90.00 feet from (D.N.R.) point being the Northerly terminus of the Coastal Construction Setback Line on North P.R.M. R-83; Captiva Island; THENCE South 60 00 37" West for 370.16 feet to P.R.M. C-2, said point being North 7058' THENCE returning along the same lines to the P.O.B.; 03" East, 195.0 feet from (D.N.R.) P.R.M. R-84; THENCE run S 40 59' 59" W (GN) a distance of 892.50 feet to a point on the SBL, said point THENCE South 8 49' 18" West for 342.71 feet to P.R.M C-3, said point being South 25 35' being S 55 00' 00" E (GN) 111.00 feet from P.R.M. R-67; 58" East, 305.0 feet from (D.N.R.) P.R.M. R-84; THENCE run S 18 39' 08" W (GN) a distance of 861.99 feet to a point on the SBL, said point THENCE South 25 35' 58" East for 1048.62 feet to P.R.M. C-4, said point being South 80 being S 80 00' 00" E (GN) 71.00 feet from P.R.M. R-68; West, 70.0 feet from (D.N.R.) P.R.M. R-85; THENCE run S 01 57' 27" W (GN) a distance of 1077.85 feet to a point on the SBL, said point THENCE South 18 15' 16" East for 728.45 feet to P.R.M. C-5, said point being South 80 West, being N 80 00' 00" W (GN) 3.00 feet from P.R.M. R-69; 280.0 feet from (D.N.R.) P.R.M. R-86; THENCE run S 01 10' 13" E (GN) a distance of 988.53 feet to a point on the SBL, said point THENCE South 25 11' 55" East for 1074.14 feet to P.R.M. C-6, said point being South 80 being N 90 00' 00" E (GN) 38.00 feet from P.R.M R-70; West, 170.0 feet from (D.N.R.) P.R.M. R-87; THENCE run S 05 56' 25" E (GN) a distance of 1044.81 feet to a point on the SBL, said point THENCE South 7 14' 02" East for 916.09 feet to P.R.M. C-7, said point being South 80 West, also being P.R.M. R-71; 80.0 feet from (D.N.R.) P.R.M. R-88; THENCE run S 22 33' 24" E (GN) a distance of 1181.00 feet to a point on the SBL; THENCE South 11 12' 46" East for 1077.97 feet to P.R.M. C-8, said point being South 80 THENCE run S 37 10' 05" E (GN) a distance of 292.00 feet to a point on the SBL, said point 102 103 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 West, 10.0 feet from (D.N.R.) P.R.M. R-89 DESTROYED; SANIBEL ISLAND THENCE South 8"53'37" East for 857.84 feet to P.R.M. C-9, said point being South 80"West, Commence at P.R.M. R-110; 40.0 feet from (D.N.R.) P.R.M. R-90; THENCE run N 67'28' 00" E (GN)a distance of 115.00 feet to a point on the SBL and the THENCE South 8'24'05" East for 964.23 feet to P.R.M. C-10,said point being North 80"East, P.O.B.; 10.0 feet from (D.N.R.) P.R.M. R-91; THENCE run N 70 00' 00" W (GN) to a point of intersection with the mean high water line; THENCE South 9 27' 23" East for 1125.24 feet to P.R.M. C-11, said point being North 80 said point being the Northerly terminus of the Coastal Construction Setback Line for Sanibel East, 20.0 feet from (D.N.R.) P.R.M. R-92, DESTROYED; Island; THENCE South 9'30'11" East for 900.82 feet to P.R.M. C-12, said point being North 80 East, THENCE return along the same line to the P.O.B.; 40.0 feet from (D.N.R.) P.R.M. R-93; THENCE run S 07* 50'04" E (GN) a distance of 1041.51 feet to a point on the SBL, said point THENCE South 5*21'07" East for 621.63 feet to P.R.M. C-13, said point being North 62'57' also being P.R.M. R-111; 07" West, 494.45 West from (N.0.A.A.) P.R.M. Munson 1934, 1976; THENCE run S 36' 16' 31" E (GN) a distant of 761.66 feet to a point on the SBL, said point THENCE South 9'57'29" East for 899.23 feet to P.R.M. C-14, said point being South 80"West, being N 60 00' 00" E (GN) 200.00 feet from P.R.M. R-112; 80.0 feet from (D.N.R.) P.R.M. R-94 DESTROYED; THENCE run S 18' 52'05" E (GN) a distance of 1415.80 feet to a point on the SBL, said point THENCE South 10 45' 55" East for 927.92 feet to P.R.M. C-15, said point being North 80 being N 60* 00' 00" E (GN) 111.00 feet from P.R.M. R-113; East, 55.0 feet from (D.N.R.) P.R.M. R-95; THENCE run S 36 50' 15" E (GN) a distance of 790.43 feet to a point on the SBL, said point THENCE South 10'01'02" East for 1025.74 feet to P.R.M. C-16, said point being North 80 being N 60" 00'00" E (GN) 43.00 feet from P.R.M. R-114; East, 25.0 feet from (D.N.R.) P.R.M. R-96; THENCE run S 40' 51' 29" E (GN) a distance of 1120.95 feet to a point on the SBL, said point THENCE South 12'14'05" East for 908.38 feet to P.R.M. C-17, said point being North 80 being N 45 00' 00" E (GN) 59.00 feet from P.R.M. R-115; East, 50.0 feet from (D.N.R.) P.R.M. R-97; THENCE run S 47 13'05" E (GN) a distance of 1141.54 feet to a point on the SBL, said point THENCE South 11 14'00" East for 1068.36 feet to P.R.M. C-18, said point being North 80 being N 40'00' 00" E (GN) 51.00 feet from P.R.M. R-116; *East, 23.0 feet from (D.N.R.) P.R.M. R-98; THENCE run S 56" 07' 24" E (GN) a distance of 1068.50 feet to a point on the SBL, said point THENCE South 11'52' 18" East for 916.12 feet to P.R.M. C-19, said point being South 80 being N 40'00' 00" E (GN) 23.00 feet from P.R.M. R-117; West, 15.0 feet from (D.N.R.) P.R.M. R-99; THENCE run S 60*28'49" E (GN) a distance of 1083.60 feet to a point on the SBL, said point THENCE South 10'05' 45" East for 1074.62 feet to P.R.M. C-20, said point being North 80 being S 30'00' 00" W (GN) 39.00 feet from P.R.M. R-118; East, 3.0 feet from (D.N.R.) P.R.M. R-100; THENCE run S 60'03'54" E (GN) a distance of 1058.38 feet to a point on the SBL, said point THENCE South 10'51' 58" East for 983.71 feet to P.R.M. C-21, said point being South 80 being S 30 00' 00" W (GN) 85.00 feet from P.R.M. R-119; West, 40.0 feet from (D.N.R.) P.R.M. R-101; THENCE run S 61 36' 03" (GN)a distance of 1033.19 feet to a point on the SBL, said point THENCE South 11 28' 45" East for 1201.25 feet to P.R.M. C-22, said point being North 80 being N 3O 00' 00" E (GN) 63.00 feet from P.R.M. R-120; East, 5.0 feet from (D.N.R.) P.R.M. R-102; THENCE run S 62*03' 13" E (GN) a distance of 1045.59 feet to a point on the SBL, said point being N 25 00' 00" E (GN) 7.00 feet from P.R.M. R-121; THENCE, South,l1'33 45" East for 792.71 feet to P.R.M. C-23, said point being South 80 West, 45.0 feet from (D.N.R.) P.R.M. R-103; THENCE run S 60 58'57" E (GN) a distance of 974.67 feet to a point on the SBL, said point THENCE South 10'08'02" East for 1060.72 feet to P.R.M. C-24, said point being South 80 being N 25 00' 00" E (GN) 7.00 feet from P.R.M. R-122; West, 55.0 feet from (D.N.R.) P.R.M. R-104; THENCE run S 62'11' 59" E (GN) a distance of 1111.37 feet to a point on the SBL, said point THENCE South 11 23'51" East for 1119.75 feet to P.R.M. C-25, said point being North 80 being S 25*00' 00" W (GN) 72.00 feet from P.R.M. R-123; *East, 30.0 feet from (D.N.R.) P.R.M. R-105; THENCE run S 59 21' 04" E (GN) a distance of 975.60 feet to a point on the SBl, said point THENCE South 11'25' 20" East for 957.66 feet to P.R.M. C-26, said point being South 80 being N 35 00' 00" E (GN) 58.00 feet from P.R.M. R-124; West, 290.8 feet from (D.N.R.) P.R.M. R-106; THENCE run S 54 54' 54" E (GN) a distance of 1348.01 feet to a point on the SBL, said point THENCE South 15 40' 05" East for 1116.58 feet to P.R.M. C-27, said point being South 80 being S 40 00'00" W (GN) 18.00 feet from P.R.M. R-125; West, 315.0 feet from (D.N.R.) P.R.M. R-107; THENCE run S 47 35'23" E (GN) a distance of 1042.72 feet to a point on the SBL, said point THENCE South 20'28' 55" East for 1240.06 feet to P.R.M. C-28; being N 50* 00' 00" E (GN) 129.00 feet from P.R.M. R-127; THENCE South 20 08'31" East for 769.09 feet to P.R.M. C-29,said point being North 55*51' THENCE run S 43 35' 36" E (GN) a distance of 1369.10 feet to a point on the SBL, said point 55" West, 99.99 feet from (D.N.R.) P.R.M. R-109 DESTROYED; being N 45 00' 00" E (GN) 77.00 feet from P.R.M. R-128; THENCE South 55' 51' 55" East for 99.99 feet to P.R.M. C-30, said point being at (D.N.R.) THENCE run S 42 41' 08" E (GN) a distance of 933.93 feet to a point on the SBL, said point P.R.M. R-109, DESTROYED; being N 40 00' 00" E (GN) 66.00 feet from P.R.M. R-129; THENCE South 69'East for 40 feet more or less to the approximate mean high water line of Pine THENCE run S 41 15" 06" E (GN) a distance of 1155.47 feet to a point on the SBL, said point Island sound; said mean high water line being the Southerly terminus of the aforementioned being N 40 00' 00" E (GN) 10.00 feet from P.R.M. R-130; seaward line of Zone 1. THENCE run S 41 40' 24" E (GN) a distance of 987.34 feet to a point on the SBL, said point being N 45 00' 00" E (GN) of 72.00 feet from P.R.M. R-131; THENCE run S 41*40' 24" E (ON) a distance THENCE run S 44 03' 05" E (GN) a distance of 1,007.26 feet to a point on the SBL, said point being N 50 00' 00" E (GN) 90.00 feet from P.R.M. R-132; being N 50' 00' 00" E (ON) 90.00 feet fn THENCE run S 48 03' 38" E (GN) a distance of 923.35 feet to a point on the SBL, said point being N 30 00' 00" E (GN) 52.00 feet from P.R.M. R-133; THENCE run S 58 42' 26" E (GN) a distance of 1,000.87 feet to a point on the SBL, said point being N 35 00' 00" E (GN) 50.00 feet from P.R.M. R-134; being N 35'00' 00" E (ON) 50.00 feet fro 104 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH 16B-26 THENCE run S 62 56' 51" E (GN) a distance of 987.02 feet to a point on the SBL, said point being N 10 00' 00" W (GN) 18.00 feet from P.R.M. R-163; being N 35"00' 00" E (GN) 60.00 feet from P.R.M. R-135; THENCE run N 58 36' 02" E (GN) a distance of 749.52 feet to a point on the SBL, said point THENCE run S 65"30' 03" E (GN) a distance of 883.25 feet to a point on the SBL, said point being S 28 00' 00" E (GN) 65.00 feet from P.R.M. R-164; being N 25"00" 00" E (GN) 70.00 feet from P.R.M. R-136; THENCE run N 58 10' 24" E (GN) a distance of 1,221.34 feet to a point on the SBL, said point THENCE run S 64"02'09" E (GN) a distance of 1,176.96 feet to a point on the SBL, said point being S 30 00' 00" E (GN) 93.00 feet from P.R.M. R-165; being N 25"00' 00" E (GN) 26.00 feet from P.R.M R-137; THENCE run N 58"24' 33" E (GN) a distance of 978.18 feet to a point on the SBL, said point being N 35"00' 00" W (GN) 22.00 feet from P.R.M. R-166; THENCE run N 59"25' 03" E (GN) a distance of 983.20 feet to point on the SBL, said point THENCE run S 65"11' 40" E(GN) a distance of 854.41 feet to a point on the SBL, said point being N 30"00' 00" E (GN) 42.00 feet from P.R.M R-138; THENCE run S 67"01' 03" E (GN) a distance of 1,095.09 feet to a point on the SBL, said point THENCE run N 58"24' 33" E (GN) a distance of 978.18 feet to a point on the SBL, said point being N 35"00' 00" W (GN) 22.00 feet from P.R.M. R-166; Thence run N 59 25 03 E GN of 983.20 feet to a point on the SBL, said point being 25 00 00 W GN 13.00 feet from P.R.M. R-167 being N 25 00' 00" E (GN) 79.00 feet from P.R.M. R-139; Thence run N 69 20 32 E GN a distance of 996.16 feet to a point on the SBL, said point THENCE run S 67 20' 55" E (GN) a distance of 939.11 feet to a point on the SBL, said point being N 25 00 00 W GN 63.00 feet from R-168 being N 20 00' 00" E (GN) 31.00 feet from P.R.M. R-140; Thence run N 55 53 03 E GN a distance of 1,076.99 feet to a point on the SBL, said point . being N 30 00 00 W GN 88.00 feet from P.R.M R-169 THENCE run S 68 37' 02" E (GN) a distance of 978.82 feet to a point on the SBL, said point Thence run N 56 26 54 E GN a distance of 1,107.37 feet to a point on the SBL, said point being N 20 00' 00" E (GN) 37.00 feet from P.R.M. R-141; being S 30 00 00 E GN 153.00 from P.R.M. R-170 THENCE run S 68 31' 44" E (GN) a distance of 1,039.77 feet to a point on the SBL, said point Thence run N 56 43 19 E GN a distance of 876.68 feet to a point on the SBL, said point being N (GN) 33.00 feet from P.R.M. R-142; being S 14 00 00 E GN 260.00 feet from P.R.M. R-171; THENCE run S 68 13' 00" E (GN) a distance of 1,007.04 feet to a point on the SBL, said point Thence run N 54 20 33 E GN a distance of 883.99 feet to a point being N 20 00' 00" E (GN) 100.00 feet from P.R.M. R-143; being S 30 00 00 E GN 23.00 feet from P.R.M. R-172 THENCE run S 67 18' 05" E (GN) a distance of 898.87 feet to a point on the SBL, said point Thence run N 65 00 24 E GN a distance of 1,305.03 feet to a point on the SBL, said point being N 25 00' 00" E (GN) 62.00 feet from P.R.M. R-144; being N 35 00 00 W GN 33.00 feet from P.R.M. R-173; THENCE run S 71 34' 02" E (GN) a distance of 987.86 feet to a point on the SBL, said point Thence run N 32 27 23 E GN a distance of 621.55 feet to a point on the SBL, said point being N 20 00' 00" E (GN) 109.00 feet from P.R.M. R-145; also being P.R.M. R-174; THENCE run S 71 58' 37" E (GN) a distance of 1,021.98 feet to a point on the SBL, said point Thence run due East GN to a point of intersection with the mean high water line, said point being N 20 00' 00" E (GN) 80.00 feet from P.R.M. R-146; being the Southerly terminus of the Coastal Construction Setback Line for Sanibel Island. THENCE run S 76 16' 24" E (GN) a distance of 1,047.28 feet to a point on the SBL, said point ESTERO ISLAND being N 05 00' 00" E (GN) 49.00 feet from P.R.M. R-147; The Coastal Construction Setback Line is coincident with the seaward boundary of Zone 1 as THENCE run S 76 55' 35" E (GN) a distance of 1,035.30 feet to a point on the SBL, said point established by Lee County Ordinance Number 76-3 and described as follows in Exhibit A of that being N 10 00' 00" E (GN) 90.00 feet from P.R.M. R-148; ordinance; said exhibit is on file with the Clerk of the Circuit Court for Lee County. THENCE run S 88 19' 04" E (GN) a distance of 968.56 feet to a point on the SBL, said point being S 05 00' 00" W (GN) 5.00 feet from P.R.M. R-149; N.O.A.A. P.R.M. IFMBBH7 reset RM-1, 1980 a brass disk in a concrete seawall cap, THENCE run S 88 55' 22" E (GN) a distance of 946.83 feet to a point on the SBL, said point having coordinates of North 774,092.13 and East 510,765.58 of the Floridia State Plane being N 05 00' 00" E (GN) 78.00 feet from P.R.M. R-150; Coordinate System, West Zone, being in Section 24, Township 46 South, Range 23 East, Lee THENCE run N 87 41' 53" E(GN) a distance of 1,094.96 feet to a point on the SBL, said point County; Thence North 61 01 57 East for 415.36 feet to P.R.M. E-1 and the point of beginning of being S 05 00' 00" W (GN) 50.00 feet from P.R.M. R-151; the seaward line of Zone 1; Thence North 87 59 13 East for 35 feet more or less to the THENCE run N 85 28' 56" E (GN) a distance of 837.17 feet to a point on the SBL, said point approximate mean high water line of San Carlos Bay; being S 05 00' 00" W (GN) 48.00 feet from P.R.M. R-152; Thence South 87 59 13 West for 35 feet more or less to P.R.M. E-1 said point being North THENCE run N 77 03' 02" E (GN) a distance of 1,129.67 feet to a point on the SBL, said point 81 18 56 East 237.39 feet from Department of Natural Resources D.N.R. P.R.M. R-175 also being P.R.M. R-153; Thence South 87 59 13 West for 215.00 feet to P.R.M. E-2 said point being North 34 59 THENCE run N 71 44' 56" E (GN) a distance of 889.12 feet to a point on the SBL, said point 13 East 34.53 feet from D.N.R. P.R.M. R-175 being S 10 00' 00" E (GN)89.00 feet from P.R.M. R-154; Thence South 34 59 13 West for 100.00 feet to P.R.M. E-3 said point being South 34 59 13 THENCE run N 63 18' 30" E (GN) a distance of 998.43 feet to a point on the SBL, said point 13 West 65.47 feet from D.N.R. P.R.M. R-175 being N 20 00' 00" W (GN) 139.00 feet from P.R.M. R-155; Thence South 04 20 29 E for 473.00 feet to P.R.M. E-4 said point being South 0 11 21 THENCE run N 66 26' 17" E (GN) a distance of 1,001.40 feet to a point on the SBL, said point West 525.28 feet from D.N.R. P.R.M. R-175 being N 20 00' 00" W (GN) 118.00 feet from P.R.M. R-156; Thence South 19 20 29 East for 833.00 feet to P.R.M. E-5 said point being North 73 35 THENCE run N 66 22' 07" E (GN) a distance of 982.34 feet to a point on the SBL, said point 43 West 511.52 feet from D.N.R. P.R.M. R-177 being N 20 00' 00" W (GN) 137.00 feet from P.R.M. R-157; Thence South 40 26 45 East for 1122.70 feet to P.R.M. E-6 said point being North 76 54 THENCE run N 67 08' 58" E (GN) a distance of 957.72 feet to a point on the SBL, said point 22 West 517.18 feet from D.N.R. P.R.M. R-178 being N 25 00' 00" W (GN) 82.00 feet from P.R.M. R-158; Thence South 44 13 48 East for 784.76 feet to P.R.M. E-7 said point being South 05 36 THENCE run N 65 26' 44" E (GN) a distance of 1,034.29 feet to a point on the SBL, said point 09 East 447.29 feet from D.N.R. P.R.M. R-178 being N 25 00' 00" W (GN) 80.00 feet from P.R.M. R-159; Thence South 47 17 48 East for 680.00 feet to P.R.M. E-8 said point being South 12 28 THENCE run N 60 47' 24" E(GN) a distance of 860.88 feet to a point on the SBL, said point 55 West 251.82 feet from D.N.R. P.R.M. R-179 being N 35 00' 00" W (GN) 100.00 feet from P.R.M. R-160; Thence South 54 49 10 East for 916.71 feet to P.R.M. E-9 said point being South 29 25 THENCE run N 58 18' 48" E (GN) a distance of 1,033.99 feet to a point on the SBL, said point 28 West 22.00 feet from D.N.R. P.R.M. R-180 being N 35 00' 00" W (GN) 96.00 feet from P.R.M. R-161; Thence South 53 13 48 East for 818.33 feet to P.R.M. E-10 said point being North 77 53 THENCE run N 58 08'56" E (GN) a distance of 1,019.89 feet to a point on the SBL, said point 42 West 188.28 feet from D.N.R. P.R.M. R-181 being N 15 00' 00" W (GN) 100.00 feet from P.R.M. R-161A; Thence South 67 10 54 East for 1482.93 feet to P.R.M. E-11 said point being South 29 52 THENCE run N 55 35' 46" E (GN) a distance of 752.89 feet to a point on the SBL, said point 46 East 302.84 feet from D.N.R. P.R.M. R-182 being S 25 00' 00" E (GN) 42.00 feet from P.R.M. R-162; THENCE run N 58 35' 34" E (GN) a distance of 1,223.81 feet to a point on the SBL, said point 106 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH.16B-26 THENCE South 67 38 48" Last for 1074.82 feet to P.R.M. E-12, said point being South 42 53 line of Ostego Bay; 07" East, 552.53 feet from D.N.R. P.R.M. R-183; THENCE continue North 68" 39'47" East for 120 feet more or less to the approximate THENCE South 67 38 48" East for 800.00 feet to P.R.M. E-13 ,said point being South 19 16 centerline of road at the beginning of Big Carlos Pass Bridge, said mean high water line being 05" East, 349.08 feet from D.N.R. P.R.M. R-184; the Southerly terminus of the aforementioned seaward line of Zone 1. THENCE South 66 13 54" East for 1455.81 feet to P.R.M. E-14, said point being North 74 46 LOVERS KEY 45" West 294.77 feet from D.N.R. P.R.M. R-186; Commence at P.R.M. R-211 THENCE South 66-07 47" East for 1399.66 feet to P.R.M. E- 15, said point being North 88 31 THENCE run S 49"58' 00"E(GN) a distance of 329.00 feet to a point on the SBL,and the 46" West, 331.62 feet from D.N.R. P.R.M. R-187; P.O.B.; THENCE South 61 00 39" East for 1056.97 feet to P.R.M. E-16, said point being North 53 08 33 West, 164.79 feet from D.N.R. P.R.M. R-187-A; THENCE run N 25'00'00" W (ON) a distance of 700.00 feet to a point on the SBL, said point being the Northerly terminus of the Coastal Construction Setback Line for Lovers Key; THENCE South 60 14 34 East for 878.68 feet to P.R.M. E-17,said point being South 28 07 THENCE return along the same line to the P.O.B.; 32" West, 150.0 feet from D.N.R. P.R.M. R-188; THENCE run S (62'48'27" W (GN) a distance of 755.53 feet to a point on the SBL, said point THENCE South 58 50 33" East for 1017.52 feet to P.R.M. E-18, said point being South 50 31 55" East, 1036.34 feet from D.N.R. P.R.M. R-188; being S 50 00' E (GN) 87.00 feet from P.R.M. R-212; THENCE South 57 22 40" East for 1062.96 feet to P.R.M. E-19, said point being South 12 37 THENCE run S 62'40' 55" W (GN) a distance of 736.01 feet to a point on the SBL; 44" 156.34 feet from D.N.R. P.R.M. R-190; THENCE run S 04" 18' 15" W (GN) a distance of 133.55 feet to a point on the SBL, said point THENCE South 56 54 54" Fast for 909.53 feet to P.R.M. E-20,saidpoint being South 07'26' being S 69'58' 00" E (GN) 100.00 feet from P.R.M R-213; 48" West, 159.41 feet from D.N.R. P.R.M. R-191; THENCE run S 29' 22'23" E (GN) a distance of 595.72 feet to a point on the SBL, said point THENCE South 53 46 54" East for 1056.39 feet to P.R.M. E-21, said point being South 08 27 being N 55'02' 00" E (GN) 620.00 feet from P.R.M. R-214; 37" West, 128.82 feet from D.N.R. P.R.M. R-192; THENCE run S 57"33'07" E (GN) a distance of 881.49 feet to a point on the SBL, said point THENCE South 57 40" East for 1140.64 feet to P.R.M. E-22, said point being south 16 being N 49 02' 00" E (GN) 945.00 feet from P.R.M. R-215; 17 being N 49 02 00" E (GN) 945.00 feet from 10" East, 312.59 feet from D.N.R. P.R.M. R-193; THENCE runs 10'13'49" E (GN) a distance of 1,182.89 feet to a point on the SBL, said point THENCE South 49 54 15" East for 1575.28 feet to P.R.M. E-23, said point being North 39 05 being N 35"02' 00" E (GN) 180.00 feet from P.R.M. R-216; West, 328.97 feet from D.N.R. P.R.M. R-195; THENCErunS 40'04'55" E (GN)a distance of 1,021.27 feet to a point on the SBL, said point THENCE South 47 02 21" East for 1572.48 feet to P.R.M. E-24,said point being South 17 49 being N 55'02' 00" E (GN) 120.00 feet from P.R.M. R-217; 47" East, 360.11 feet from D.N.R. P.R.M. R-196; THENCE run S 44'29'36" E (GN) a distance of 962.63 feet to a point on the SBL, said point THENCE South 38 43 41" East for 349.59 feet to P.R.M. E-25, said point being North 64 01 being N 50'00' 00" E (GN) 129.00 feet from P.R.M. R-218; 23" West, 446.16 feet from D.N.R. P.R.M. R-197; THENCES 57'13'52" E (GN)a distance of 1,132.75 feet to a point on the SBL, said point being THENCE South 43 33 54" East for 828.22 feet to P.R.M. E-26, said point being South 22 45 N 50'02' 00" E (GN) 370.00 feet from P.R.M R-219; 00" East, 438.84 feet from D.N.R. PR.M R-197, THENCE run S 39 12' 10" E (GN) a distance of 921.48 feet to a point on the SBL, said point being N 55 02' 00" E (GN) 273.00 feet from P.R.M. R-220; THENCE South 45 11 48 East of 447.38 feet to P.R.M. E-27, said point being South 74 23 21" West, 153.83 feet from D.N.R. P.R.M. R-198; THENCE run S 40 19'43" E (GN) a distance pf 986.53 feet to a point on the SBL, said point THENCE South 43 26 32" East for 776.66 feet to P.R.M. E-28, said point being North 34 53 being N 55 02' 00" E (GN) 427.00 feet from P.R.M R-221; 07" West, 391.31 feet from D.N.R. P.R.M. R-199; THENCE run S 31'02'40" E (GN) a distance of 1,155.39 feet to a point on the SBL, said point THENCE South 39 10 40" East for 1273.08 feet to P.R.M. E-29,said point being South 49 37 also being P.R.M. R-222; 06" West, 80.00 feet from D.N.R. P.R.M. R-200; THENCE run S 30 90' 28" E (GN) to a point of intersection with a mean high water line, said THENCE South 29 22 44" East for 1101.79 feet to P.R.M. E-30, said point being South 57 16 point being the Southerly terminus of the Coastal Construction Setback Line for Lovers Key. 57" West, 45.00 feet from D.N.R. P.R.M. R-201; DESCRIPTION FOR BIG HICKORY ISLAND THENCE South 27 33 26" East for 908.12 feet to P.R.M. E-31, said point being North 87 27 Commence at P.R.M. R-223. 00" West, 15.00 feet from D.N.R. P.R.M. R-202; TH ENCE run N 80'02' 00" E (G N) a distance of 190.00 feet to a point on the SBL, and that THENCE South 13 32 40" East for 658.05 feet to P.R.M. E-32 ,said point being South 12 16 P.O.B.; 55" East, 654.05 feet from D.N.R. P.R.M. R-202; THENCE N 30'30' 28" W (GN) to a point of intersection with a mean high water line, said THENCE South 08 05 44" East for 677.15 feet to P.R.M. E-33, said point being North 74 35 point being the Northerly terminus of the Coastal Construction Setback Line for Big Hickory point being the Northerly terminus of the Coast 32" East, 70.00 feet from D.N.R. P.R.M. R-203; Island; THENCE South 13 58 51 " East for 1041.04 feet to P.R.M. E-34, said point being North 89 47 THENCE returning along the same line to the P.O.B.; 43" West, 50.00 feet from D.N.R. P.R.M. R-204; THENCE run S 17'05'00" E (GN) a distance of 1,324.93 feet to a point on the SBL, said point THENCE South 49 47 53" East for 1021.55 feet to P.R.M. E-35, said point being South 5 38 being N 70'02' 00" E (GN) 75.00 feet from P.R.M. R-224; 47" West, 246.27 feet from D.N.R. P.R.M. R-205; THENCE run S 20'47'25" E (GN) a distance of 804.27 feet to a point on the SBL, said point THENCE South 40 19 08" East for 1861.78 feet to P.R.M. E-36, said point being South 20 59 being N 85' 02' 00" E (GN) 103.00 feet from P.R.M. R-225; 23" East, 850.13 feet from N. 0. A. A. P.R.M. 1001.32,1955, having coordinates of North THENCE run S 18 15' 00" E (GN) a distance of 300.00 feet to a point on the SBL; 753,526.17, and East 533,958.8 of West Zone, also said point being North 67 18 19" West, TH ENCE run S 71'45'00" W (GN) to a point of intersection with a mean high water line, of 358.91 feet from D.N.R. P.R.M. R-207; the waters of the Gulf of Mexico, said point being the Southerly terminus of the Coastal THENCE South 77 44 06" East for 1396.11 feet to P.R.M. E-37, said point being North 07 57 Construction Setback Line on Big Hickory Island 25" East, 35.09 feet from D.N.R. P.R.M. R-208; BONITA BEACH THENCE South 86 10 53" East for 1018.38 feet to P.R.M. E-38, said point being North 02 41 The Coastal Construction Setback Line is coincident with the seaward bounday of Zone I as 49" East, 15.00 feet from D.N.R. P.R.M. R-209; established by L" County Ordinance Number 76-10 and described as follows in Exhibit A of that THENCE North 88 43 47" East for 936.35 feet to P.R.M. E-39, said point being North 72 14 ordinance; said exhibit is on file with the Clerk of the Circuit Court of Lee County. 59 44 36 feet from D.N.R. P.R.M.R-210; FROM (D.N.R.) P.R.M. R-226 HAVING COORDINATES OF NH 738037.622. THENCE West 68 39 47" East for 607.27 feet to P.R.M. E-40, approximate mean high water AND EAST 544768.058 OF THE FLORIDA STATE PLANE COORDINATE SYSTEM, 108 109 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE WEST ZONING WITHIN ACCRETIONS To SECTION 25, TOWNSHIP 47 161.053, Florida Statutes, said setback line lyin along the Gulf of Mex coast from the SOUTH, RANGE 24 EAST, LEE COUNTY; Pinellas County and Manatee County, line southerly to the Manatee County and Sarasota THENCE sOUTH 88 28' 46" EAST FOR 555.60 FEET TO P.R.M. B-1,AND THE POINT County line. OF BEGINNING OF THE SEAWARD LINE OF ZONE 1; Said Coastal Construction Setback Line is related to a series of "Permanent Reference THENCE SOUTH 76 26' 13" WEST FOR 516.09 FEET TO THE P.R.M. B-2, SAID Monuments" (P.R.M.) designated and hereinafter referred to as "R-1" through "R-67" as POINT OF BEING SOUTH 21' 34" 54"EAST, 146.01 FEET FROM (D.N.R.) P.R.M. established by the Department of Natural Resources, State of Florida. In the case where the R-226; original monument THENCE SOUTH 25"49' 25 original monument or monuments has been lost or destroyed and replaced at a later date with a BEING NORTH 28'31' 30" WEST, 1171.78 FEET FROM (D.N.R.) P.R.M. R- new monument, there will be a "T" instead of an "R" designation. THENCESOUTH 30'13'47" EAST FOR 1,174.45 FEET TO P.R.M. B-4,SAID POINT Commence at P.R.M. T-3. BEING NORTH 65 EAST, 35.0 FEET FROM (D.N.R.) P.R.M. R-228; THENCE run N 58'41'08" W (GN) a distance of103.35 feet to a point on the SBL and the point THENCE SOUTH 31'28'43" EAST FOR 775.43 FEET TO P-R.M. B-5, SAID POINT of beginning; BEING SOUTH 65 WEST, 129.86 FEET FROM (D.N.R.) P.R.M. R-229; THENCE run due North to a point of intersection with the mean high water line of the Gulf of THENCE SOUTH 29-49'02" EAST FOR 1,074.66 FEET TO P.R.M. B-6, SAID POINT Mexico and the Northerly terminus of the Coastal Construction Setback Line for Manatee BEING SOUTH 65 WEST, 100.0 FEET FROM (D.N.R) P.R.M R-230; County. THENCE SOUTH 30"19' 18" EAST FOR 776.39 FEET TO P.R.M. B-7, SAID POINT THENCE returning along the same line to the P.O.B. BEING NORTH 65"45' WEST, 297.52 FEET FROM (D.N.R.) P.R.M. R-231; THENCE run S 20'38'55" E (GN) a distance of 1,054.38 feet to a point on the SBL, said point THENCE SOUTH 27'06'31" EAST FOR 1,004.44 FEET To P.R.M. B-8, SAID POINT being N 69'52'00" E (GN)105.00 feet from P.R.M. R-4: BEING North 29"47' 58" WEST, 394.31 FEET FROM (D.N.R.) R-232; THENCE run S 25'21'05" E (GN) a distance of 825.61 feet to a point on the SLB, said point THENCE SOUTH 24 052' 13" EAST FOR 1,355.17 FEET TO P.R.M. B-9, SAID POINT being N 69'52' 00" E (GN) 102.00 feet from P.R.M. R-5; BEING SOUTH 44' 44' 32" WEST, 201.52 FEET FROM (D.N.R.) P.R.M. R-233; THENCE run S 35'29' 15" E (GN) a distance of 953.12 feet to a point on the SBL, said point THENCE SOUTH 23'19'50" EAST FOR 458.01 FEET TO P.R.M. B-10, SAID POINT being N 39'52' 00" E (GN) 117.00 feet from P.R.M. R-6; BEING SOUTH 4 00' 44, EAST, 565.08 FEET FROM (D.N.R.) P.R.M. R-233; THENCE run S 35'25'42" E(GN) a distance of 1,172.27 feet to a point on the SBL, said point THENCE SOUTH 19'59' 06" EAST FOR 672.89 FEET TO P.R.M. B-10, SAID POINT being N 54'52' 00" E (GN) 145.00 feet from P.R.M. R-7; BEING SOUTH 54 48'41" WEST, 148.33 FEET FROM (D.N.R.) P.R.M. R-234; THENCE run S 35'23'54" E (GN) a distance of 915.33 feet to a point on the SBL. said point THENCE SOUTH 22 42'34" EAST FOR 849.52 FEET TO P.R.M. B-12,SAID POINT THENCE run S 48'16'10"E(GN)a distance of 114.00 feet from P.R.M. R-8 BEING SOUTH 13' 22'49" EAST, 893.38 FEET FROM (D.N.R) P.R.M R-234; being N 49'52' 00" E (GN) 110.00 feet from P.R.M. R-9; BEING SOUTH 20'46'45" EAST FOR 903.53 FEET TO P.R.M. B-13, SAID POINT THENCE run S 44'09'26" E (GN) a distance of 942.71 feet to a point on the SBL, said point BEING NORTH 53'35'19" WEST, 289.35 FEET FROM (D.N.R.) P.R.M. R-236AND being N 34'52' 00" E (GN) 80.00 feet from P.R.M. R-10; BEING NORTH 40'59'26" WEST, 389.98 FEET FROM N.O.A.A. P.R.M. HICKORY THENCE run S 45'40'44" E (GN) a disiance of 1,103.27 feet to a point on the SBL, said point R.M. 1; THENCE SOUTH 20'34'32" EAST FOR 851-30 FEET TO P.R.M. B-14,SAID POINT being N 44'52'00" e (GN) 121.00 feet from P.R.M. R-11; BEING NORTH 27'04'57" WEST, 347.27 FEET FROM (D.N.R.) P.R.M. R-237; THENCE run S 42'10'15" E (GN)a distance of 1,063.71 feet to a point ont the SLB, said point being N 34'52'00" E (GN) 90.00 feet from P.R.M. R-12; THENCE SOUTH 22'57'42" EAST FOR 1151.29 FEET TO P.R.M. B-15,SAID POINT THENCE run S 41'157'04" E (GN) a distance of 1,012.16 feet to a point on the SLB, said point BEING NORTH 22'58'43" WEST, 341.83 FEET FROM (D.N.R.) P.R.M. R-238; being N 49'52" 00" E (GN) 120.00 feet from P.R.M. R-13; THENCE SOUTH 22'55'49" EAST FOR 933.20 FEET TO P.R.M. B-16, SAID POINT BEING NORTH 29'14'36" WEST, 543.41 FEET FROM (D.N.R.) P.R.M. R-239; THENCE run S 37'08'55" E (GN) a distance of 983.63 feet to a point on the SBL, said point THENCE SOUTH 22'55'49" EAST FOR 785.26 FEET TO P.R.M. B-17, SAID POINT being N 22'00'38" E (GN) 13.13 feet from P.R.M. T-14; BEING SOUTH 9'13'53" EAST, 252.32 FEET FROM (D.N.R.) P.R.M. R-239 AND THENCE run S 35'57'15" E (GN)a distance of 1,200.73 feet to a point on the SBL, said point BEING SOUTH 6'09'13" EAST, 167.65 FEET FROM N.0.A.A. P.R.M WIGGINS, being N 54'52'00" E (GN) 95.00 feet from P.R.M. R-15; THENCE run S 35'37'34" E (GN) a distance of 1,001.41 feet to a point on the SBL, said point 1934 AND BEING AT THE SOUTH BOUNDARY LINE OF LEE COUNTY, AND BEING THE SOUTHERLY TERMINUS OF THE AFOREMENTIONED being N 68'50'37" E (GN) 67.78 feet from P.R.M. T-16; THENCE run S 31'48'44" E (GN) a distance of 900.70 feet to a point on the SBL, said point SEAWARD LINE OF ZONE 1. being IN 59'52'00" E (GN) 120.00 feet from P.R.M. R-17; 16B-26.08 Description of the Manatee corporation or governmental agency shall THENCE run S 33'22'47" E (GN) a distance of 941.14 feet to a point on the SBL, said point County Coastal Construction Setback Line. construct any structure whatsoever seaward being IN 59'52' 00" E (GN) 122.00 feet from P.R.M. R-18; There is hereby established pursuant to thereof, or perform any actions as described in THENCE run S 28'00'39" e (GN) a distance of 1,007.89 feet to a point on the SBL, said point Section 161.053, Florida Statutes, a coastal Section 161.053, Florida Statutes, without being N 51'14'16" E (GN) feet from P.R.M. T-19; THENCE run S 28'23' 12" E (GN) a distance of 989.92 feet to a point on the SBL, said point construction setback line in Manatee County, obtaining a permit as described in said Section being N 69'52' 00" E (GN) 55.00 feet from P.R.M. R-20; Florida. The legal description of said line is of the Statute, and all provisions of said Section THENCE run S 27'53'24" E (GN) a distance of 1,132.66 feet to a point on the SBL, said point attached hereto and labeled exhibit "A". shall apply to this rule. After this rule has been recorded in the Specific Authority 120, 161.053 FS. Law being N 74'16' 36" E (GN) 72.09 feet from P.R.M. T-21 office of the Clerk of the Circuit Court in and Implemented 161.053 FS. History-New 9-28-77. THENCE run S 23'42' 52" E (GN) a distance of 976.81 feet to a point on the SBL, said point being N 59'52' 00"E (GN) 55.00 feet from P.R.M. R-22; for Manatee County, Florida, no person, fir-, THENCE run S 2l'11'59" E (GN) a distance of 990.52 feet to a point on the SBL, said point EXHIBIT "A" (Chapter 16B-26.08) being N 69'52' 00" E (GN) 180.00 feet from 180.00 feet from P.R.M. R-23; METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION THENCE run S 24'59' 38" E (GN) a distance of 961.41 feet to a point on the SBL, said point SETBACK LINE IN MANATEE COUNTY, FLORIDA being N 69'52' 00" E (GN) 106.00 feet from P.R.M. R-24; Description of Coastal Construction Setback Lines established in compliance with Section THENCE run S 22'36'49" E (GN) a distance of 967.14 feet to a point on the SBL, said point 110 1ll CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH.16B-26 being N 42 32' 15" E(GN) 104.39 feet from P.R.M. T-25; THENCE run S 44 54'07" E (GN) a distance of 1,032.77 feet to a point on the SBL, said point THENCE run S 20 47' 17" E (GN)a distance of 1,085.54 feet to a point on the SBL, said Point being N 49 52' 00" E (GN) 115.00 feet from P.R.M. R-53; being N 74 52'00" E (GN)80:OO feet from P.R.M. R-26; THENCE run S 44 23' 08" E (GN) a distance of 939.11 feet to a point on the SBL, said point THENCE run S 16 23' 11 " E (GN) a distance of 938.92 feet to a point on the SBL, said point being N 49 52' 00" E (GN) 120.O0 feet from P.R.M. R-54; being N 77 52'00" E (GN) 125.00 feet from P.R.M. R-27; THENCE run S 43 48' 23" E (GN) a distance of 800.84 feet to a point on the SBL, said point THENCE run s 15 01' 52" E (GN) a distance of 998.36 feet to a point on the SBL, said point being N 44 52' 00" E (GN) 105.00 feet from P.R.M. R-55; being N 74 52' 00" E (GN) 45.00 feet from P.R.M. R-28; THENCE run S 43 48'30" E (GN) a distance of 964.87 feet to a point on the SBL, said point THENCE run S 23 20'43" E (GN) a distance of 1,392.23 feet to a point on the SBL, said point being N 49 50' 37" E (GN) 110.09 feet from P.R.M. T-56; being N 17 30' 57" W (GN) 107.77 feet from P.R.M. T-29; THENCE run S 41 51'50" E (GN) a distance of 980.07 feet to a point on the SBL, said point THENCE run S 19 31' 49" E (GN) a distance of 946.86 Feet to a point on the SBL, said Point being N 49 52'00" E (GN) 85.00 feet from P.R.M. R-57; being S 85 59' 25" E (GN) 44.19 feet from P.R.M. T-30; THENCE run S 41 49'03" E (GN) a distance of 918.09 feet to a point on the SBL, said point THENCE runS 17 17'58" E (GN) a distance of 1,108.95 feet to a point on the SBL, said point being N 49 52' 00" E (GN) 103.00 feet from P.R.M. R-58; being S 69 52' 00" W (GN) 4.00 feet from P.R.M. R-31; THENCE run S 39 15' 50" E (GN) a distance of 904.46 feet to a point on the SBL, said point TH ENCE run S 16 l4' 54" E (GN)a distance of 906.87 feet to a Point on the SBL, said Point being N 39 52' 00" E (GN) 90.00 feet from P.R.M. R-59; being N 72 52' 00" E (GN) 37.00 feet from P.R.M. R-32; THENCE run S 38 35' 18" E (GN) a distance of 991.33 feet to a point on the SBL, said point THENCE run S 16 33'09" E (GN) a distance of 975.29 feet to a point on the SBL, said point being N 11 29' 45" E (GN) 131.15 feet from P.R.M. T-60; being N 79 52' 00" E (GN) 75.00 feet from P.R.M. R-33; THENCE run S 34 48' 00" E (GN) a distance of 1,086.85 feet to a point on the SBL, said point THENCE run S 17 07'04" E (GN) a distance of 959.80 feet to a point on the SBL, said point also being N 44 52' 00" E (GN) 40.00 feet from P.R.M. R-61; being P.R.M. R-34; THENCE run S 32 59'38" E (GN) a distance of 1,215.19 feet to a point on the SBL, said point THENCE run S 17 52'31" E (GN) a distance of 1,019.75 feet to a point on the SBL, said point being N 59 52' 00" E (GN) 125.00 feet from P.R.M. R-62; also being P.R.M. R-35; THENCE run S 31 24'01" E (GN) a distance of 1,006.35 feet to a point on the SBL, said point THENCE run S 12 51' 34" E (GN) a distance of 491.91 feet to a point on the SBL; being N 49 52' 00" E (GN) 88.00 feet from P.R.M. R-63; THENCE run S 29 51' 58" E (GN) a distance of 440.54 feet to a point on the SBL, said point THENCE run S 34 20'53" E (GN) a distance of 1,051.04 feet to a point on the SBL, said point being N 69 52' 00" E (GN) 40.00 feet from P.R.M. R-36; being N 54 52' 00" E (GN) 160.00 feet from P.R.M. R-64; THENCE run S 23 20'59" E (GN) a distance of 1,022.21 feet to a point on the SBL, said point THENCE run S 35 39'29" E (GN) a distance of 961.40 feet to a point on the SBL, said point being N 69 52' 00" E (GN) 21.00 feet from P.R.M. R-37; being N 54 52' 00" E (GN) 62.00 feet from P.R.M. R-65; THENCE run S 23 51' 17" E (GN) a distance of 892.78 feet to a point on the SBL, said point THENCE run S 34 00'37" E (GN) a distance of 1,117.33 feet to a point on the SBL, said point being S 28 14' 25" E (GN) 96.34 feet from P.R.M. T-38; being S 54 52' 00" W (GN) 37.00 feet from P.R.M. R-66; THENCES 23 06'21" E (GN) a distance of 930.53 feet to a point on the SBL, said point being N THENCE run S 33 38'22" E (GN) a distance of 913.46 feet to a point on the SBL, said point 69 52' 00" E(GN)32.00 feet from P. R.M. R-39; being N 59 52' 00" E(GN) 125.00 feet from P.R.M. R-67; THENCE run S 23 50' 11" e (GN) a distance of 907.96 feet to a point on the SBL, said point THENCE run S 30 53' 55" E (GN) a distance of approximately 420.00 feet to a point on the being N 69 52' 00" E (GN) 139.00 feet from P.R.M. R-40; Manatee County/Sarasota County Line,said point being the Southerly terminus of the THENCE run S 23 45' 33" E (GN) a distance of 886.70 feet to a point on the SBL, said point Coastal Construction Setback Line for Manatee County. being N 77 52' 00" E (GN) 173.00 feet from P.R.M. R-41; THENCE run S 23 50' 34" E (GN) a distance of 281.08 feet to a point on the SBL; Manatee THENCE run S 04 19' 43" E (GN) a distance of 1,370.58 feet to a point on the SBL; "Permanent Reference Monument" THENCE run N 70 02'41" W (GN) a distance of 307.57 feet to a point on the SBL, said point Coordinates, based on the Florida State PLane Grid System being S 60 08' 00" E (GN) 235.00 feet from P.R.M. R-42; THENCE run S 28 00' 17" W(GN)a distance of 486.20 feet to a point on the SBL,said point Final Coordinators being N 79 52' 00" E (GN) 180.00 feet from P.R.M. R-43; P.R.M. Y (Ft.) X (Ft.) THENCE runS 17 41' 36" E (GN) a distance of 767.71 feet to a point on the SBL, said point R-1 1165473.939 259662.491 T-2 1165538.169 258785.180 being N 59 52' 00" E (GN) 225.00 feet from P.R.M. R-44; THENCE run S 29 29' 51" E (GN) a distance of 995.81 feet to a point on the SBL, said point T-3 1164821.552 258915.456 being N 34 52' 00" E (GN) 165.00 feet from P.R.M. R-45; R-4 1163852.476 259100.390 THENCE runs S 55 11' 56" E (GN) a distance of 932.12 feet to a point on the SBL,said point R-5 1163107.407 259456.705 being N 34 52' 00" E (GN) 103.00 feet from P.R.M. R-46; THENCE run S 46 57'45" E (GN) a distance of 1,115.95 feet to a point on the SBL, said point R-6 1162276.642 260030.785 being N 54 52' 00" E (GN) 87.00 feet from P.R.M. R-47; R-7 1161327.783 260666.751 THENCE run S 40 53' 22" E (GN) a distance of 898.80 feet to a point on the SBL, said point R-8 1160584.305 261235.123 being N 44 52' 00" E (GN) 125.00 feet from P.R.M. R-48; THENCE run S 43 06' 23" E (GN) a distance of 1,055.17 feet to a point on the SBL; R-9 1159873.764 262039.180 THENCE run S 50 27'45" E (GN) a distance of 389.32 feet to a point on the SBL, said point also R1O 1159202.699 262734.266 being P.R.M. R-49; R-11 1158411.748 263483.956 THENCE run S 52 07' 50" E (GN) a distance of 984.79 feet to a point on the SBL, said point R-12 1157635.295 264231.985 being S 36 52' 00" W (GN) 87.00 feet from P.R.M. R-50; THENCE run S 54 03' 14" E (GN) a distance of 999.62 feet to a point on the SBL, said point R-13 1156879.029 264868.316 being N 34 52' 00" E (GN) 120.00 feet from P.R.M. R-51; T-14 1156160.183 2665549.141 THENCE run S 51 48'00" E (GN) a distance of 974.03 feet to a point on the SBL, said point R-15 1155145.710 266181.366 being 52' 00" E (GN) 86.00 feet from P.R.M. R-52; 112 CH. 16B-26 *EPARTMENT OF NATURAL RESOURCES SETBACK LINE CII 1613-26 P.R.M. Y (Ft.) X (Ft.) P,R.M. Y (Ft.) X(Ft.) T-16 1154361.938 266779.156 R-61 1116762.056 287887.220 R-17 1153560.760 267211383 R-62 1115708.441 288469.058 R-18 1152773.863 267729.456 R-63 1114855.499 289034.211 T-19 1151889.102 268238.336 R-64 1113952.377 289563.657 R-20 1151045.135 268699.136 R-65 1113227.627 290204.250 T-21 1150053.757 269239.387 R-66 1112358.402 290910.188 R-22 1149151.349 269654.066 R-67 1111513.865 291277.849 R-23 1148193.518 269890.823 16B-26.09 Description of the Sarasota corporation or governmental agen y shall c R-24 1147347.613 270366.515 County Coastal Construction Control Line. construct any structure whatsoever seaward T-75 1146414.393 270767.346 There is Hureby Established Pursuant to thereof, or perform any actions as described in Section 161.053, Florida Statutes, a Coastal Section 161.053, Florida Statutes, without 1145455.556 271145.967 Construction Control Line in Sarasota obtaining a permit as described in said section 1144549.3,86 271365.866 County. Florida. The Legal Descriptionof Said of the Statute, and all provisions of said Section R-28 1143599.712 271703.553 Line Is Attached Hereto. shall apply to this rule. T-29 1142230.429 272331.135 After this rule has been recorded in the General Authority Chapter 120. Section 161.053, office of the Clerk of the Circuit Court in and FS. Law Implemented 161.053, FS. History-New T-30 1141443.913 272571.158 for Sarasota County, Florida, no person, firm, 9-19-78. R-31 1140383.417 272948.761 EXHIBIT "D" R-32 1139500.495 273163.392 R-33 1138563.325 273402.777 METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION CONTROL LINE IN SARASOTA R-34 1137659.234 273759-120 COUNTY. FLORIDA R-35 1136688.713 274072.127 Description of Coastal Construction Control Lines established in compliance with Section 161.053, Florida Statutes. Said Control Line lying along the Gulf of Mexico coast from the R-36 1135813.345 274363.428 Manatee-Sarasota County line, southerly to the Sarasota-Charlotte County line. R-37 1134881.437 274786.335 Said Coastal Construction Control Line is related to a series of "Permanent Reference T-38 1134156.976 275121.603 Monuments" (P.R.M.) designated and hereinafter referred to as "T-l" through "R-183" as R-39 1133205.209 275502-310 established by the Department of Natural Resources, State of Florida. In the case where the R-40 1132337.862 275768.779 original monument or monuments has been lost or destroyed and replaced at a later date with a R-41 1131537.799 276087.395 new monument, there will be a "T" instead of an -R" designation. Additional monuments have an "A" designation. R-42 1130172.400 275980.702 Commence at P.R.M. T-1, said monument having State Plane Coordinates of 1,111,173.33 (N) R-43 1129594.432 275779.005 and 291,779.51 (E); Thence run S 60000'00" W (GN) a distance of 129.03 feet to a point on the CCL and a true point R-44 1128781.757 275994.926 of beginning; R-45 1127892.598 276585.519 Thence run N 30* 53' 55" W (GN) a distance of 120 _t feet to a point of intersection with the R-46 1127411.476 277386.365 Sarasota- Manatee County Line, said point being the northerly terminus of the Sarasota R-47 1126684.304 278189.755 County Coastal Construction Control Line; R-48 1125966.307 278761.078 1 Thence return along the same line to the true point of beginning and run S 29* 55' 24" E (GN) a i distance of 984.27 feet to a point on the CCL, said point being S 65'W (GN) a distance of 43.00 R-49 1125036.700 279870-569 feet from P.R.M. R-2; R-50 1124501.774 280700.175 Thence run S 29124'07" E (GN) a distance of 96&81 feet to a point on the CCL, said point being R-51 1123746.908 281388.644 N 65* E (GN) a distance of 107.00 feet from P.R.M. T-3; R-52 1123177.007 282167-563 Thence run S 25' 58'28" E (GN) a distance of 981.84 feet to a point on the CCL, said point being N WE (GN) a distance of 137.00 feet from P.R.M. R-4; R-53 1122437.361 282863.795 Thence run S 28* 40' 18" E (GN) a distance of 987.10 feet to a point an the CCL; R-54 1121763.003 283516.865 Thence run S 301 1 V08" E (GN) a distance of 940.80 feet to a point on the CCL, said point being R-55 1121187.983 284088.897 S 56' W (GN) a distance of 23.00 feet from P.R.M. T-6; Thence run S 311 53' 03" E (GN) a distance of 1,043.28 feet to a point on the CCL, said point T-56 1120495.097 284746.761 being N 60' E (GN) a distance of 97.00 feet from P.R.M. R-7; R-57 1119781.417 285419.978 Thencerun S 34125'39" E(GN)adistanecof 973,82 feet toa point on the CCL, said pointbeing R-58 1119095.589 286018364 N 55' E (GN) a distance of 122.00 feet from P.R.M. R-8; Thence runS 34145'01" E (GN) a distance of 990.30 feet toa point on the CCL, said point being R-59 1118398.665 286619.154 N 55' E (GN) a distance of 62.00 feet from P.R.M. R-9; T-60 1117554.354 287269.022 114 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 Thence run S 34 20'30" E (GN) a distance of 1,014.70 feet to a point on the CCL, said point Thence run S 33 25' 48" W (GN) a distance of 183.33 feet to a point of the CCL: being N 55 E (GN) a distance of 2.00 feet from P.R.M. T-10; Thence run S 33 36'49" E (GN) a distance of 668.01 feet to a point on the CCL, said point being Thence run S 34 18' 38" E (GN) a distance of 1,053.26 feet to a Point on the CCL, said point N 60 E (GN) a distance of 87.00 feet from P.R.M. R-35; being N 55 E (GN) a distance of 111.00 feet from P.R.M. R-11; Thence run S 30 14'50" E (GN) a distance of 988.58 feet to a point on the CCL, said point being Thence run S 33 23' 27" E (GN) a distance of 1,014.60 feet to a point on the CCL, said point N 55 E (GN) a distance of 85.00 feet from P.R.M. T-36 being N 55 E (GN) a distance of 55.00 feet from P.R.M. R-12; Thence run S 41 34'12" E (GN) a distance of 989.69 feet to a point on the CCL, said point being Thence run S 32 45' 19" E (GN) a distance of 1,022.01 feet to a point on the CCL, said point P.R.M. R-37; being N 50 E (GN) a distance of 72.00 feet from P.R.M. R-13; Thence run S 36 43' 45" E (GN) a distance of 952.32 feet to a point on the CCL; Thence run S 40 29' 08" E (GN) a distance of 595.66 feet to a point on the CCL; Thence run S 37 48' 07" E (GN) a distance of 1,010.63 feet to a point on the CCL, said point Thence run S 55 06'23" E (GN) a distance of 392.60 feet to a point on the CCL, said point being being N 50 E (GN) a distance of 118.00 feet from P.R.M. R-39; N 55 E (GN) a distance of 90.00 feet from P.R.M. R-14; Thence run S 30 42' 24" E (GN) a distance of 1,026.49 feet to a point on the CCL, said point Thence run S 41 37' 37" E (GN) a distance of 1,003.65 feet to a point on the CCL, said point being N 65 E (GN) a distance of 161.00 feet from P.R.M. R-40; being N 56 E (GN) a distance of 53.00 feet from P.R.M. T-15; Thence run S 25 27'31" E (GN) a distance of 973.34 feet to a point on the CCL, said point being Thence run S 38 48' 58" 1,014.79 (GN) a distance of 1,014.79 feet to a point on the CCL, said point N 60 E (GN) a distance of 168.00 feet from P.R.M. R-41; being N 50 E (GN) a distance of 95.00 feet from P.R.M. R-16; Thence run S 25 47'04" E (GN)a distance of 933.95 feet to a point on the CCL, said point being Thence run S 38 52'20" E (GN) a distance of 1,002.79 feet to a point on the CCL, said point N 60 E (GN) a distance of 86.00 feet from P.R.M. R-42; being N 24 54' 16" W (GN) a distance of 292.31 feet from P.R.M. T-17; Thence run S 30 49' 13" E (GN) a distance of 986.82 feet to a point on the CCL, said point being Thence run S 38 30'09" E (GN) a distance of 959.12 feet to a point on the CCL, said point being N 50 E (GN) a distance of 115.00 feet from P.R.M. R-43; N 40 E (GN) a distance of 106.00 feet from P.R.M. R-18; Thence run S 70 00'00" E (GN) a distance of 1,000+ feet to the Mean High Water Line of Big Thence run S 43 18' 32" E (GN) a distance of 453.09 feet to a point on the Control Line; Sarasota Pass. Thence run S 50 09' 14" E (GN) a distance of 509.12 feet to a point on the CCL, said point being Recommence at P.R.M. R-45, said monument having State Plane Coordinates of 1,071,097.12 N 50 E (GN) a distance of 92.00 feet from P.R.M. R-19; (N) and 314,833.18 (E); Thence run S 40 50' 34" E (GN) a distance of 1,006.77 feet to a point on the CCL, said point Thence run S 75 00'00" E (GN) a distance of 210.00 feet to a point on the CCL and a true point being N 50 E (CN) a distance of 55.00 feet from P.R.M. R-20; of beginning; Thence run S 41 31'03" E (GN) a distance of 1,004.18 feet to a point on the CCL, said point Thence run N 10 00'00" E (GN) a distance of 356 + feet to the Mean High Water Line of Big being N 53 E (GN) a distance of 11.00 feet from P.R.M. R-21; Sarasota Pass; Thence run S 41 58'31" E (GN) a distance of 990.59 feet to a point on the CCL, said point being Thence return along the same line to the true point of beginning and run S 20 11'53" E (GN) a S 31 W (GN) a distance of 45.00 feet from P.R.M. T-22; distance of 876.60 feet to a point on the CCL, said point being N 89 E (GN) a distance of Thence run S 43 27' 34" E (GN) a distance of l,010.15 feet to a point on the CCL, said point 118.00 feet from P.R.M. T-46; being S 49 W (GN) a distance of 40.00 feet from P.R.M. T-23, Thence run S 09 53' 56" W (GN) a distance of 475.15 feet to a point on the CCL; Thence run S 40 24' 59" E (GN) a distance of 1,009.59 feet to a point on the CCL, said point Thence run S 38 57' 56" E (GN) a distance of 497.73 feet to a point on the CCL: being S 50 W (GN) a distance of 30.00 feet from P.R.M. T-24; Thence run S 53 47'23" E (GN) a distance of 947.78 feet to a point on the CCL, said point being Thence run S 39 31'29" E (GN) a distance of 986.18 feet to a point on the CCL, said point being S 35 W (GN) a distance of 21.00 feet from P.R.M. R-48; N 50 E (GN) a distance of 74.00 feet from P.R.M. R-25; Thence run S 53 39'34" E (GN) a distance of 938.59 feet to a point on the CCL, said point being Thence run S 39 19'31" E (GN) a distance of 955.53 feet to a point on the CCL, said point being S 30 W (GN) a distance of 170.00 feet from P.R.M. R-49; N 50 E (GN) a distance of 45.00 feet from P.R.M. T-26; Thence run S 58 07' 29" E (GN) a distance of 1,097.03 feet to a point on the CCL, said point Thence run S 38 23'44" E (GN) a distance of 978.64 feet to a point on the CCL, said point being being S 30 W (GN) a distance of 45.00 feet from P.R.M. R-50; N 50 E (GN) a distance of 22.00 feet from P.R.M. R-27; Thence run S 62 13'31" E (GN) a distance of 987.22 feet to a point on the CCL, said point being Thence run S 43 13'32" E (GN) a distance of 973.87 feet to a point on the CCL, said point being S 20 W (GN) a distance of 12.00 feet from P.R.M. T-51; N 50 E (GN) a distance of 22.00 feet from P.R.M. R-28; Thence run S 59 16'26" E (GN) a distance of 997.24 feet to a point on the CCL, said point being Thence run S 50 147'35" E (GN) a distance of 957.13 feet toa point on the CCL, said point being S 30 W (GN) a distance of 15.00 feet from P.R.M. R-52; N 32 E (GN) a distance of 22.00 feet from P.R.M. R-29; Thence run S 61 49' 26" E (GN) a distance of 1,012.52 feet to a point on the CCL, said point Thence run S 74 00' 00" E (GN) a distance of 500 � feet to the Mean High Water Line of being S 45 W (GN) a distance of 25.00 feet from P.R.M. R-53; New Pass. Thence run S 53 00' 35" E (GN) a distance of 1,075.20 feet to a point on the CCL, said point Recommence at P.R.M. R-30, said monument having State Plane Coordinates of 1,088,644.05 being N 45 E (GN) a distance of 35.00 feet from P.R.M. R-54; (N) and 309,480.14 (E); Thence run S 51 07' 35" E (GN) a distance of 1,039.93 feet to a point on the CCL, said point Thence run S 75 00'00" E (GN) a distance of 30.00 feet to a point on the CCL and a true point of being N 45 E (GN) a distance of 120.00 feet from P.R.M. R-55; beginning; Thence run S 51 00' 49" E (GN) a distance of 1,089.72 feet to a point on the CCL, said point Thence run N 50 00' 00" W (GN) a distance of 120 � feet to the Mean High Water Line of being S 55 W (GN) a distance of 26.00 feet from P.R.M. R-56; New Pass; Thence run S 43 49' 52" E (GN) a distance of 1,062.62 feet to a point on the CCL, said point Thence return along the same line to the true point of beginning and run S 26 34' 52" W (GN) a being N 60 E (GN) a distance of 27.00 feet from P.R.M. R-57; distance of 887.03 feet to a point on the CCL, said point being N 75E (GN) a distance of Thence run S 36 23' 15" E (GN) a distance of 1,017.52 feet to a point on the CCL, said point 117.00 feet from P.R.M. R-31; being N 60 E (GN) a distance of 63.00 feet from P.R.M. R-58; Thence run S 08 04'07" E (GN) a distance of 845.00 feet to a point on the CCL, said point being Thence run S 29 28'37" E (GN) a distance of 999.49 feet to a point on the CCL, said point being N 75E (GN) a distance of 182.00 feet from P.R.M. R-32; N 60 E (GN) a distance of 137.00 feet from P.R.M. R-59; Thence run S 39 10'06" E(GN) a distance of 870.81 feet to a point on the CCL, said point being Thence run S 29 40' 29" E (GN) a distance of 1,004.50 feet to a point on the CCL, said point N (GN) a distance of 74.00 feet from P.R.M. R-33; being N 60 E (GN) a distance of 106.00 feet from P.R.M. R-60; Thence N 48 18' 13" E (GN) a distance of 250.69 feet to a point on the CCL; Thence run S 23 35'26" E (GN) a distance of 958.03 feet to a point on the CCL, said point being Thence S 43 10' 52" E (GN) a distance of 1,269.90 feet to a point on the CCL; N 65 E (GN) a distance of 4.00 feet from P.R.M. R-61; CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK CH. 16B-26 being N 70 E (GN) a distance of 75.00 feet from P.R.M. R-86; Thence run S 21 02'23" E (GN) a distance of 612.52 feet to a point on the CCL, said point being N 70 E (GN) a distance of 102.00 feet from P.R.M. R-61A; Thence run S 18 38' 08" E (GN) a distance of 986.66 feet to a point on the CCL, said point being Thence run S 06 22" 26" W (GN) a distance of 540.90 feet to a point on the CCL; N 75 E (GN) a distance of 11.00 feet from P.R.M. R-87; Thence run S 06 07' 56" W (GN) a distance of 121.70 feet to a point on the CCL; Thence run S 16 58' 49" E (GN) a distance of 1,073.06 feet to a point on the CCL, said point Thence run S 72 48'36" W (GN) a distance of 199.05 feet to a point on the CCL, said point being being N 80 E (GN) a distance of 10.00 feet from P.R.M. R-88; S 78 E (GN) a distance of 86.00 feet from P.R.M. R-62, Thence run S 18 41'27" E (GN)a distance of 985.29 feet to a point on the CCL, said point being Thence run S 31 41'49" E (GN) a distance of 896.99 feet to a point on the CCL, said point being N point being 75 E (GN) a distance of 42.00 feet from P.R.M. R-89; N 60 E (GN) a distance of 51.00 feet from P.R.M. R-63; Thence run S 21 38' 28" E (GN) a distance of 1,126.54 feet to a point on the CCL, said point Thence run S 36 36'53" E (GN) a distance of 956.60 feet to a point on the CCL, said point being being S 72 W (GN) a distance of 103.00 feet from P.R.M. R-90; N 50 E (GN) a distance of 90.00 feet from P.R.M. R-64; Thence run S 24 05' 53" E (GN) a distance of 1,118.71 feet to a point on the CCL, said point Thence run S 77 35' 23" E (GN) a distance of 382.24 feet to a point on the CCL; being N 75 E (GN) a distance of 39.00 feet from P.R.M. R-91; Thence run S 47 02'45" E (GN) a distance of 582.80 feet to a point on the CCL, said point being Thence run S 28 24' 42" E (GN) a distance of 971.79 feet to a point on the CCL, said point being N 60 E (GN) a distance of 75.00 feet from P.R.M. R-65; S 75 W (GN) a distance of 10.00 feet from P.R.M. R-92; Thence run S 30 57' 16" E (GN) a distance of 890.43 feet to a point on the CCL, said point being Thence run S 29 05' 41" E (GN) a distance of 1,050.97 feet to a point on the CCL, said point N 40 E (GN) a distance of 90.00 feet from P.R.M. R-66; being N 70 E (GN) a distance of 70.00 feet from P.R.M. R-93; run S 48 53' 03" E (GN) a distance of 1,080.80 feet to a point on the CCL, said point Thence run S 29 27' 19" E (GN) a distance of 1,008.88 feet to a point on the CCL, said point being N 57 E (GN) a distance of 110.00 feet from P.R.M. R-67; being N 70 E (GN) a distance of 40.00 feet from P.R.M. R-94; Thence run S 33 2O' 30" E (GN) a distance of 1,066.89 feet to a point on the CCL, said point Thence run S 29 48' 17" E (GN) a distance of 1,065.82 feet to a point on the CCL, said point being, N 89 E (GN) a distance of 64.00 feet from P.R.M. R-68; being S 60 W (GN) a distance of 80.00 feet from P.R.M. R-95; Thence run S 26 01'50" E (GN) a distance of 993.89 feet to a point on the CCL, said point being Thence run S 28 47'04" E (GN) a distance of 1,026.04 feet to a point on the CCL, said point N 89 E (GN) a distance of 82.00 feet from P.R.M. R-69; being S 75 W (GN) a distance of 70.00 feet from P.R.M. R-96; Thence run S 25 55' 39" E (GN) a distance of 1,012.96 feet to a point on the CCL, said point Thence run S 28 35' 32" E (GN) a distance or 1,113.97 feet to a point on the CCL, said point being N 76 E (GN) a distance of 116.00 feet from P.R.M. R-70; being S 60 W (GN) a distance of 50.00 feet from P.R.M. R-97; Thence run S 24 02'32" E(GN) a distance of 968.15 feet to a point on the CCL, said point being Thence run S 29 48' 54" E (GN) a distance of 1,064.19 feet to a point on the CCL, said point N 73 E (GN) a distance of 114.00 feet from P.R.M. R-71; being N 60 E (GN) a distance of 52.00 feet from P.R.M. R-98; Thence run S 24 33' 31" E (GN) a distance of 1,000.58 feet to a point on the CCL, said point Thence run S 29 35'35" E (GN) a distance of 977.26 feet to a point on the CCL, said point being being S 80 W (GN) a distance of 25.00 feet from P.R.M. T-72; N 65 E (GN) a distance of 32.00 feet from P.R.M. R-99; Thence run S 23 15'31" E (GN) a distance of 1,006.84 feet to a point on the CCL, said point Thence run S 28 07'59" E (GN) a distance of 942.09 feet to a point on the CCL, said point being being N 75 E (GN) a distance of 86.00 feet from P.R.M. R-73; S 65 W (GN) a distance of 29.00 feet from P.R.M. R-100; Thence run S 22 29'08" E (GN) a distance of 994.85 feet to a point on the CCL, said point being Thence run S 28 11' 32" E (GN) a distance or 1,025.94 feet to a point on the CCL, said point N 75 E (GN) a distance of 38.00 feet from P.R.M. R-74; being N 70 E (GN) a distance of 7.00 feet from P.R.M. R-101; Thence run S 19 34' 21" E (GN) a distance of 1,036.71 feet to a point on the CCL, said point Thence run S 27 28' 12" E (GN) a distance of 987.78 feet to a point on the CCL, said point being being N 75 E (GN) a distance of 112.00 feet from P.R.M. R-75; N 70 E (GN) a distance of 53.00 feet from P.R.M. R-102; Thence run S 20 47' 52" E (GN) a distance of 1,006.21 feet to a point on the CCL, said point Thence run S 24 04' 57" E (GN) a distance of 1,028.59 feet to a point on the CCL, said point being N 70 E (GN) a distance of 116.00 feet from P.R.M. R-76; being N 70 E (GN) a distance of 42.00 feet from P.R.M. R-103; Thence run S 24 10' 52" E (GN) a distance of 1,002.10 feet to a point on the CCL, said point Thence run S 21 48' 50" E (GN) a distance of 1,016.44 feet to a point on the CCL, said point being N 75 E (GN) a distance of 104.00 feet from P.R.M. R-77; being N 70 E (GN) a distance of 52.00 feet from P.R.M. R-104; Thence run S 32 51' 58" E (GN) a distance of 968.03 feet to a point on the CCL; Thence run S 21 37' 24" E (GN) a distance of 1,023.25 feet to a point on the CCL, said point Thence run S 45 00'00" E (GN) a distance of 270 � feet to the Mean High Water Line of being N 75 E (GN) a distance of 68.00 feet from P.R.M. R-105; Midnight Pass. Thence run S 19 06'57" E (GN) a distance of 1,036.57 feet to a point on the CCL, said point Recommence at P.R.M. R-79, said monument having State Plane Coordinates of 1,044,243.42 being N 75 E (GN) a distance of 49.00 feet from P.R.M. R-106; (N) and 334,423.07 (E); Thence run S 17 01' 53" E (GN) a distance of 1,034.78 feet to a point on the CCL, said point Thence run N 50 E (GN) a distance of 175.00 feet to a point on the CCL and a true point of being N 75 E (GN) a distance of 54.00 feet from P.R.M. R-107; beginning; Thence run S 16 28' 59" E (GN) a distance of 1,042.27 feet to a point on the CCL, said point Thence run N 45 00'00" W (GN) a distance of 200 + feet to the Mean High Water Line of being N 26 E (GN) a distance of 74.00 feet from P.R.M. R-108; Midnight Pass; Thence run S 14' 17" E (GN) a distance of 1,012.98 feet to a point on the CCL, said point Thence return along the same line to the true point of beginning and run S 22 12'22" E(GN)a being N 80 E (GN) a distance of 75.00 feet from P.R.M. R-109; distance of 1,118.89 feet to a point on the CCL; Thence run S 15 09'38" E (GN) a distance of 972.92 feet to a point on the CCL, said point being Thence run S 15 41'16" E (GN) a distance of 992.35 feet to a point on the CCL, said point being N 80 E (GN) a distance of 59.00 feet from P.R.M. R-110; N 75 E (GN) a distance of 104.00 feet from P.R.M. R-81; Thence run S 14 26'03" E (GN) a distance of 987.42 feet to a point on the CCL, said point being Thence run S 19 42' 14" E (GN) a distance of 918.27 feet to a point on the CCL,said point being S 09 W (GN) a distance of 190.00 feet from P.R.M. T-111; N 32 E (GN) a distance of 106.00 feet from P.R.M. R-82; Thence run S 13 47' 11" E (GN) a distance of 982.93 feet to a point on the CCL, said point being Thence run S 17 54' 25" E (GN) a distance of 1,070.85 feet to a point on the CCL, said point N 75 E, (GN) a distance of 79.00 feet from P.R.M. R-112; being N 75 E (GN) a distance of 84.00 feet from P.R.M. R-83; Thence run S 13 35'02" E (GN) a distance of 991.97 feet to a point on the CCL, said point being Thence run S 19 40'10" E (GN) a distance of 908.84 feet to a point on the CCL, said point being S 58 E (GN) a distance of 140.00 feet from P.R.M. T-113; S 80 W (GN) a distance of 32.00 feet from P.R.M. R-84; Thence run S 12 52'40" E (GN) a distance of 1,037.66 feet to a point on the CCL, said point Thence run S 18 57'55" E (GN) a distance of 989.66 feet to a point on the CCL, said point being being N 80 E (GN) a distance of 114.00 feet from P.R.M. R-114; N 70 E (GN) a distance of 58.00 feet from P.R.M. R-85; Thence run S 14 E (GN) a distance of 765 � feet to the Mean High Water Line of Venice Inlet. Thence run S 18 23' 06" E (GN) a distance of 1,065.26 feet to a point on the CCL, said point Recommence at P.R.M. R-115, said monument having State Plane Coordinates of 1,010,212.70 118 119 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 (N) and 347,809.10 (E); being N 60 E (GN) a distance of 40.00 feet from P.R.M. R-143; Thence run S 81 00'00" (GN) a distance of 481.00 feet to a point on the CCL and a true point Thence run S 33 13' 29" E (GN) a distance of 1,000.71 feet to a point on the CCL, said point of beginning; being N 60 E (GN) a distance of 38.00 feet from P.R.M. R-144; Thence run S 35 55' 02" E (GN) a distance of 606.51 feet to a point on the CCL, said point being Thence run S 33 33'47" E (GN) a distance of 981.39 feet to a point on the CCL, said point being N 60 E (GN) a distance of 69.00 feet from P.R.M. R-116; N 60 E (GN) a distance of 41.00 feet from P.R.M. T-145; Thence run S 30 40' 43" E (GN) a distance of 1,008.98 feet to a distance on the CCL, said Point Thence run S 32 24' 01" E (GN) a distance of 1,010.67 feet to a point on the CCL, said point being N 70 E (GN) a distance of 76.00 feet from P.R.M. R-117; being N 60 E (GN) a distance of 58.00 feet from P.R.M. R-146; Thence run S 23 52' 15" E (GN) a distance of 929.00 feet to a point on the CCL, said point being Thence run S 31 22' 00" E (GN) a distance of 1,025.87 feet to a point on the CCL, said point N 70 E (GN) a distance of 44.00 feet from P.R.M. R-118; being N 60 E (GN) a distance of 72.00 feet from P.R.M. R-147; Thence run S 21 07' 11" E (GN) a distance of 1,036.96 feet to a point on the CCL, said point Thence run S 2 28 20' 31" E (GN) a distance of 996.50 feet to a point on the CCL; being N 18 E (GN) a distance or 120.00 feet from P.R.M. T-119; Thence run S 30 00'01" E (GN)a distance of 984.81 feet to a point on the CCL, said point being Thence run S 19 10'53" E (GN)a distance of 986.85 feet to a point on the CCL,said point being N 45 E (GN) a distance of 52.00 feet from P.R.M. T-149; N 75 E (GN) a distance of 28.00 feet from P.R.M. R-120; Thence run S 30 38'01" E (GN) a distance of 1,033.32 feet to a point on the CCL, said point Thence run S 18 58' 45" E (GN) a distance of 920.64 feet to a point on the CCL; being N 55 E (GN) a distance of 6.00 feet from P.R.M. R-150; Thence run S 36 33'22" W (GN) a distance of 101.55 feet to a point on the CCL, said point being Thence run S 29 39' 07" E (GN) a distance of 1,023.39 feet to a point on the CCL, said point N 75 E (GN) a distance of 71.00 feet from P.R.M. R-121; being N 65 E (GN) a distance of 57.00 feet from P.R.M. R-151; Thence run S 15 11'50" E(GN) a distance of 969.17 feet to a point on the CCL,said Point being Thence run S 28 27' 10" E (GN) a distance of 980.61 feet to a point on the CCL, said point being N 35 E (GN) a distance of 139.00 feet from P.R.M. T-122; N 65 E (GN) a distance of 43.00 feet from P.R.M. R-152; Thence run S 17 01'03" E(GN) a distance of 973.00 feet to a point on the CCL, said point being Thence run S 29 40'51" E (GN) a distance of 993.01 feet to a point on the CCL, said point being N 75 E (GN) a distance of 80.00 feet from P.R.M. R-123; N 60 E (GN) a distance of 20.00 feet from P.R.M. R-153; Thence run S 16 43'47" E(GN) a distance of 966.30 feet to a point on the CCL, said point being Thence run S 30 02' 39" E (GN) a distance of 1,006.58 feet to a point on the CCL, said point S 75 E (GN) a distance of 55.00 feet from P.R.M. R-124; bring N 60 E (GN) a distance of 4.00 feet from P.R.M. R-154; Thence run S 15 18'51" E (GN) a distance of 959.54 feet to a point on the CCL, said point being Thence run S 28 53' 51" E (GN) a distance of 1,011.77 feet to a point on the CCL, said point N E (GN) a distance of 119.00 feet from P.R.M. T-125; being N 65 E (GN) a distance of 11.00 feet from P.R.M. R-155; Thence run S 28 42'02" E (GN) a distance of 983.29 feet to a point on the CCL, said point being Thence run S 26 41'51" E (GN) a distance of 1,016.10 feet on the CCL, said point S 11 E (GN) a distance of 40.00 feet from P.R.M. T-126; being N 65 E (GN) a distance of 20.00 feet from P.R.M. R-156; Thence run S 15 42' 13" E (GN) a distance of 996.46 feet to a point on the CCL, said point being Thence run S 25 55' 18" E (GN) a distance of 1,004.93 feet to a point on the CCL, said point N 75 E (GN) a distance of 87.00 feet from P.R.M. T-127; being N 65 E (GN) a distance of 6.00 feet from P.R.M. R-157; Thence run S 15 13' 51" E (GN) a distance of 988.30 feet to a point on the CCL, Said point being Thence run S 26 36'48' E (GN) a distance of 997.19 feet to a point on the CCL, said point being N 70 E (GN) a distance of 26.00 feet from P.R.M. R-128; N 65 E (GN) a distance of 16.00 feet from P.R.M. R-158; Thence run S 18 44' 11" E (GN) a distance of 965.71 feet to a point on the CCL, said point being Thence run S 25 57'03" E (GN) a distance of 986.75 feet to a point on the CCL, said point being N 70 E (GN) a distance of 56.00 feet from P.R.M. R-129; N 65 E (GN) a distance of 21.00 feet from P.R.M. R-159; Thence run S 20 17'26" E (GN) a distance of 995.66 feet to a point on the CCL, said point being Thence run S 24 18'26" E (GN) a distance of 904.10 feet to a point on the CCL, said point being N 70 E (GN) a distance of 114.00 feet from P.R.M. R-130; N 65 E (GN) a distance of 15.00 feet from P.R.M. R-160; Thence run S 15 18' 15" E (GN) a distance of 1,016.28 feet to a point on the CCL, said point Thence run S 22 40' 19" E (GN) a distance of 1,024.64 feet to a point on the CCL, said point being N 70 E (GN) a distance of 2.00 feet from P.R.M. T-131; being N 650 E (GN) a distance of 60.00 feet from P.R.M. R-161; Thence run S 19 09' 10" E (GN) a distance of 973.07 feet to a point on the CCL, said point being Thence run S 22 53'03" E (GN) a distance of 991.39 feet to a point on the CCL, said point being N 70 E (GN) a distance of 40.00 feet from P.R.M. R-132; N 65 E (GN) a distance of 72.00 feet from P.R.M. R-162; Thence run S 20 24' 26" E (GN) a distance of 1,021.20 feet to a point on the CCL, said point Thence run S 23 39'09" E (GN) a distance of 979.45 feet to a point on the CCL, said point being being N 70 E (GN) a distance of 22.00 feet from P.R.M. R-133; N 65 E (GN) a distance of 55.00 feet from P.R.M. R-163; Thence run S 19 05' 23" E (GN) a distance of 1,043.73 feet to a point on the CCL, said point Thence run S 25 55' 16" E (GN) a distance of 991.38 feet to a point on the CCL, said point being being S 65 W (GN) a distance of 105.00 feet from P.R.M. T-134; N 65 E (GN) a distance of 40.00 feel from P.R.M. R-164; Thence run S 21 15'35" E (GN) a distance of 981.25 feet to a point on the CCL,said point being Thence run S 23 47' 57" E (GN) a distance of 1,002.94 feet to a point on the CCL; N 65 E (GN) a distance of 29.00 feet from P.R.M. R-135; Thence run S 23 05' 50" E (GN) a distance of 1,001.66 feet to a point on the CCL, said point Thence run S 24 118' 55" E (GN) a distance of 1,024.05 feet to a point on the CCL, said point being N 65 E (GN) a distance of 55.00 feet from P.R.M. T-166; being N 60 E (GN) a distance of 52.00 feet from P.R.M. R-136; Thence run S 24 38'27" E (GN) a distance of 999.31 feet to a point on the CCL, said point being Thence run S 26 26' 31" E (GN) a distance of 995.28 feet to a point on the CCL, said point being N 65 E (GN) a distance of 75.00 feet from P.R.M. R-167; N 60 E (GN) a distance of 69.00 feet from P.R.M. T-137; Thence run S 25 13'07" E (GN) a distance of 992.62 feet to a point on the CCL, said point being Thence run S 29 58' 21" E (GN) a distance of 1,010.62 feet to a point on the CCL, said point N 65 E (GN) a distance of 78.00 feet from P.R.M. R-168; being N 60 E (GN) a distance of 13.00 feet from P.R.M. R-138; Thence run S 27 01'44" E (GN) a distance of 1,002.50 feet to a point on the CCL, said point Thence run S 30 18' 58" E (GN) a distance of 1,003.60 feet to a point on the CCL, said point being N 63 E (GN) a distance of 80.00 feet from P.R.M. R-169; being N 60 E (GN) a distance of 75.00 feet from P.R.M. R-139; Thence run S 29 47' 18" E(GN) a distance of 943.46 feet to a point on the CCL, said point being Thence run S 29 35' 49" E (GN) a distance of 1,000.27 feet to a point on the CCL, said point N 55 E (GN) a distance of 85.00 feet from P.R.M. R-170; being N 21 E (GN) a distance of 56.00 feet from P.R.M. T-140; Thence run S 32 47' 10" E(GN)a distance of 996.75 feet to a point on the CCL, said point being Thence run S 29 58'56" E (GN) a distance of 992.39 feet to a point on the CCL, said point being N 55 E (GN) a distance of 72.00 feet from P.R.M. R-171; N 60 E (GN) a distance of 18.00 feet from P.R.M. R-141; Thence run S 28 13' 55" E (GN) a distance of 1,019.95 feet to a point on the CCL, said point Thence run S 31 59'02" E (GN) a distance of 986.66 feet to a point on the CCL, said point being being N 55 E (GN) a distance of 70.00 feet from P.R.M. R-172; N 60 (GN) a distance of 20.00 feet from P.R.M. R-142; Thence run S 36 17' 11" E (GN) a distance of 980.31 feet to a point on the CCL, said point being Thence 32 40' 58" E (GN) a distance of 1,013.14 feet to a point on the CCL, said point N 55 E (GN) a distance of 56.00 feet from P.R.M. R-173; CH. 1163-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 1611-26 Them 191'4'11" E(GN) a distance of942.13 feet to a point on the CCL, said point being Thence S 9 deg. 53 min. 53.7 see. E ((;N) a distance of 605.01 feet; N 55' E (GN) a distance of 92.00 feet from P.R.M. R-174; Thence S 14 deg. 41 min. 01.0 sev. E (ON) a distance (if 938.11 feet to a poine, CCCL said point being N 68 deg. 13 min. 16.1 sec. E (GN) a distance of 21S.10 feet from P.R.M. Thence run S 33'20'52" E (GN) a distance of 990.25 feet to a point on the CCL, said point being 4 N 60' E (GN) a distance of 73.00 feet from P.R.M. R-175; 06-78-A-02; Thence run S 31' 48'251" E (GN) a distance of 1,016,41 fect to a point on the CCL, said point Thence S 19 deg. 20 min. 41.1 sec. E (GN) a distance of 1152.92 feet; being N 601 E (GN) a distance of 6S.00 feet from P.R.M. R-176; Thence S 18 deg. 39 min. 09.4 sec. E (GN) a distance (if 1348.53 feet; ThencerunS 30'39'48" E (GN) a distance of980.80 feet toa poinion theCCL,said point being Thence S 19 deg. 52 min. 17.0 see. E (GN) a distance of 832.57 feet; N 60' E (GN) a distance of 102.00 feet from P.R.M. R-177; Thence S 20 deg. 12 min. 03.S sec. E (GN) a distance of 829.10 feet; Thence run S 30'27'28" E (GN) a distance of 984.58 feet to a point on the CCL, said point being Thence S 23 deg. 24 min. 49.6 sec. E (GN) a distance of 975.42 feet to a point on the CCCL said N 6S* E (GN) a distance of 63.00 feet from P.R.M. R-178; point being N )8 deg. 09 min. 04.4 sec. W (GN) a distance of 387.63 feet from P.R.M. Thence run S 31* 30'19" E (GN) a distance of981.61 feet to a point on the CCLI_ said point being 06-78-8-01; N 65' E (GN) a distance of 78.00 from P.R.M. R-179; Thence S 23 (leg. 24 min. 49.6 sec. E (GN) to the Mean I ligh Water Line of Jupiter Inlet. ThencerunS 30'03'23" E (GN) a distance of 980.86 feet toa point on the CCL, said point being Recommenccai P.R.M. 06-78-B-01 thence S 24 deg. 19 min. 59.7 sec. W (GN) a distance of N 65'E (GN) a distance of S8.00 feet from P.R.M. R-190; 463.61 feet to a point on the CCCL; 'hence runS 29124' 11" E(GN) a distance of9S2.80 feet toa point on the CCL, said point being Thence N S (leg. 30 min. E (GN) to the Mean Ifigh Water Line of Jupiter Inlet; "'E (GN) a distance of 59.00 feet from P.R.M. R-181; Thence return along the same course to said point on the CCCL; run S 29*26'04" E (GN) a distance of 946.12 feet to a point on the CCL, said point being Thence S 14 deg, 13 min. 38.3 sec. E (GN) a distance of 904.79 feet; 'E (GN) a distance of 80.00 feet from P.R.M. R-182; Thence S 18 deg, 53 min. 02.8 sec. E (GN) a distance of 726.08 feet; Thence -un S 29*13' 42" E (GN) a distanec of 1,040.72 feet to a point on the CCL, said point Thence S 16 deg. 51 min. 07.3 sec. E (GN) a distance of 862.02 feet; being N 65*E (GN) a distance of 78.00 feet from P.R.M. R-183; Thence S I I deg. 49 min. 42.9 sec. E (GN) a distance of 790.79 feet; Thence run S 27'29' 00" E (GN) a distance of 783 t feet to a point of intersection with the Thence S 9 deg. 45 min. 35.3 sec. E (GN) a distancc of 896.07 feet; Sarasota-Charlotte County Line, said point being the southerly terminus of the Sarasota Thence S 4 deg. 09 min. 09.4 sec. E (GN) a distance of 754.03 feet to a point on (he CCCL said County Coastal Construction Control Line. point bring S 16 deg. 16 min. 26.9 sec. W (GN) a distance of 160.78 feet from P.R.M. 06-78-B-02; 16B-26.10 Description of the Palm later. Thence S 12 deg. 36 min. 26.0 sec. E (GN) a distance of 624.92 feet; Beach County Coastal Construction (2) After this rule becomes effective no Thence S 15 deg. 37 min. 13.3 sec. E (GN) a distance of 1210.72 feet; Control Line. There is hereby established person, firm, corporation, or governmental Thence S 14 deg. 26 min. 18.8 sec. E (GN) a distance of 1291.80 feet; pursuant to Section 161.053, Florida Statutes, agency shall construct any structure Thence S 16 deg. 46 min. 51.3 see. E (GN) a distance of 1007.92 feet; a coastal construction control line in Palm whatsoever seaward thereof, or perform any ThenceS 17 deg. 57 min. 41.1 sec. E(GN) adistanceo( 1061.91 feet toa pointon theCCCLsaid Beach County, Florida. The legal description actions as described in Section 161.053, point being N 16 deg. 51 min. 27.9 sec. W (GN) a distance of 325.50 feet from P.R.M. of said line is attached hereto. Florida Statutes, without obtaining a permit as 06-78-B-03; IN> (1) This rule shall take effect 20 days after described in said section, and all provisions of Thence S 15 deg. 13 min. 38.7 sec. E (GN) a distance of 103&01 feet; r_n filing with the Department of State or on the said section shall apply to this rule. Thence S @ 16 deg. 38 min. 06.0 sec. E (GN) a distance of 1110.48 feet; date that it is duly recorded in the public Specific Authority 161.053, 370.021 FS. Law Thence S 17 deg. 59 min. 12.7 sec. E (GN) a distance of 943.07 fret to a point on the CCCL said records in the office of the Clerk or the Circuit 11nPlemenfed 161.053, 370,02](1) FS. point being S 9 deg. 53 min. 59.4 sec. E (GN) a distance of 102.89 feet from P.R.M. Court in and for Palm Beach County, together History-New 1-10-79. 06-78-C-01; with each affected municipality, whichever is Thence S 18 deg. 05 min. 21.0 sec. E (GN) a distance of 1020.57 feet; I Thence S 17 deg. 20 min. 01.8 sec. E (GN) a distance of 1100.90 feet; EXHIBIT "B" Thence S 16 deg. 32 min. 46.7 sec. E (GN) a distance of 979.67 feet; METES AND BOUNDS DESCRIPTION ThenceS 15 deg. 35 min. 02.3sec. E (GN) a distancrof 1104.78 feet to a point on the CCCL said for the point being N 70 deg, 46 min. 42.2 sec. W (GN) a distance of 76.17 feet from P.R.M. COASTAL CONSTRUCTION CONTROL LINE 06-78-C-02; PALM BEACh COUNTY, FLORIDA Thence S 13 deg. 56 min. 00.4 sec. E (GN) a distance of 1072.29 feet; Description of the Coastal Construction Control Line (CCCL) is established in compliance with Thence S 13 deg. 48 min. 12.9 sec. E (GN) a distance of 955.60 feet; Section 161.053 ofthe Florida Statutes. Said Control Line lying along the Atlantic coast from the Thence S 16 deg. 59 min. 07.3 sec. E (GN) a distance of 1112.53 feet; Palm Beach and Martin.County Line south to the Palm Beach and Broward County Line. Thence S 18 deg. 22 min. 44.8 sec. E (GN) a distancc of 973.67 feet; Said Coastal Construction Control Line is related to a series of "Permanent Reference ThenceS 17 deg. 57min. 35.3sec. E (GN) adistanceof 1138.83 feet toa pointon theCCCLsaid Monuments" (P.R.M.) designated and hereinafter referred to as "06-78-A-01" through point being N 69 deg. 56 min. 41.4 sec. W (GN) a distance of 45.52 feet from P.R.M. 06-78- -03" for monuments established by the Department of Natural Resources, State of 06-78-C-03; J Thence S 18 deg. 09 min. 44.8 sec. E (GN) a distance of 1010.94 feet; Florida or referred to by station name for monuments established by the National Geodetic Thence S 18 deg. 32 min. 49.7 sec. E (GN) a distance of 1292.11 fcet; Survey (N.G.S.). Thence S 17 deg. 31 min. 12.7 sec. E (GN) a distance of 1069.62 feet; Commence at P.R.M. 06-78-A-01 thence S 37 deg. 30 min. 33.8 see. E (GN) a distance of 668-51 Thence S 15 deg. 51 min. 33.7 sec. E (GN) a distance of 823.34 feet; feet to the point of beginning; Thence S 16 deg. 00 min. 38.6 sec. E (GN) a distance of 1084.05 feet; Thence N 13 deg. W (GN) to the Palm Beach and Martin County Line; Thence S 16 deg. 23 min. 40.2 sec. E (GN) a distance of 682.41 feet to a point on the CCCL said Thence return along the same course to the point of beginning; point being being N 30 deg. 38 min. 15.6 sec. W (GN) a distance of 226.94 feet from P.R.M. Thence S 16 deg. 30 min. 41.5 sec. E (GN) a distance of 390-42 feet; 06-78-C-04; Thence S 13 deg. 57 min. 33.1 see. E (GN) a distance of 1081.95 feet; Thence S 12 deg. 25 min. 21.2 sec. E (GN) a distance of 945.47 feet: Thence S 21 deg. 24 min. 16.7 sec. E (GN) a distance of 821.72 feet; Thence S 13 deg. 23 min. 52.4 sec. E (GN) a distance of 958.08 feet; Thence S 22 deg. 50 min. 01.2 sec. E (ON) a distance of 391-69 feet; 122 123 CH. 165-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. -i6B-26 Thence S 14 deg. 26 min. 16.4 see. E (GN) a distance of 926.81 feet to a point on the CCCL said point being S 45 deg. 56 inin@ 511.1 sec. E (GN) a distance of 29.06 feei'froin P.R.M. point being N 33 deg. 26 min. 08.0 sec. W (GN) a distance of 446.07 feet from P.R.M. 06-78-1)-04; 06-78-C-05; Thence S 6 deg. 25 min. 42.6 sec. L (GN) a distance of 1093.55 feet; Thence S 10 deg. 13 min. 27.6 sec. E (GN) a distance of 878.40 feet; Thence S 6 deg. 36 min. 13.1 see 1: (GN) a distance of IM8.69 feet Thence S 8 deg. 57 min. 26.2 sec. E (GN) a distance of 969.83 feet; Thence S 5 deg. 39 min. 15.9 sec. E (GN) a distance of 1116.43 feet;' Thence S 4 deg. 16 min. 18.4 sec. E (GN) a distance of 657.83 feet; Thence S 7 deg. 14 min. 38.4 see. E (GN) a distance of 450.18 fee( to a point on the CCCL said Thence S 13 deg. 54 min. 42.2 sec. E (GN) a distance of 669.64 feet; tx)int being N 87 deg. 00 min. 36.4 sec. E (GN) a distance of 63.90 feet from P. R. M. Thence S 10 deg. 48 min. 36.5 sec. E (GN) a distance of 1348.94 feet; 06-78-1)-OS, Thence S 12 deg. 28 min. 00.8 sec. E (GN) a distance of 1204.40 feet; Thence S 6 deg. 15 min. 38.9 set% E (GN) a distance of 9W.79 feet, Thence S 13 deg. 59 min. 14.2 sec. E (GN) a distance of 1022.42 feet to a point on the CCCL said Thence S 6 deg. 12 min. 12.4 sec. F (GN) a distance of 047.79 feet; point being S 40 deg. 12 min. 10.4 sec. W (GN) a distance of 67.17 feet from P.R.M. Thence S 2 deg. 58 min. 53.3 sec. E (GN) a distance of 672.91 feet; 06-78-C-06; Thence S 6 deg. 26 min. 24.3 sec. E (GN) a distance of 1203.60 feet; Thencr S 13 deg. 54 min. 41.3 sec. E (GN) a distance of 935.33 feet; Thence S 3 deg. 25 min. 48.6 sec. E (GN) a distance of 964.05 feet to a point on the CCCL said Thence S 14 deg. 10 min. 38.7 sec. E (GN) a distance of 885.99 feet; point being N 7 deg. 35 min. 50.8 sec. W (GN) a distance of 491.52 feet from P.R.M. Thence S 17 deg. 12 min. 40.0 sec. E (GN) a distance of 932.77 feet, 06-78-D-00; Thence S I I deg. 32 min. 31.3 sec. E (GN) a distance of 774.67 feeti Thence S 2 deg. 48 min. 39.0 sec. E (GN) a distance (if 903.76 feet; Thence S 8 deg. 56 min. 43.4 sec. E (GN) a distance of 983.97 feet; Thence S 2 deg. 34 min. 15.3 sec. E (GN) a distance of 1315.32 feet; Thence S 12 deg. 36 min. 55.6 sec. E (GN) a distance of 860.78 feet; Thence S 0 deg. 21 min. 11.9 sec. W (GN) a distance of 973.02 feet; Thence S 13 deg. 10 min. 35.2 sec. E (GN) a distance of 776.45 feet to a point on the CCCL said Thence S 2 deg. 02 min. 11.8 sec. W (GN) a distance of 928.59 feet; point being N 60 deg. 57 min. 06.5 sec. W (GN) a distance of 29.53 feet from P.R.M. Thence S 3 deg. 12 min. 56.5 sec. E (GN) a distance of 553.02 feet to a point on the CCCL said 06-78-C-07; point being S 8 deg. 24 min. 09.1 sec. W (GN) a distance of 217.92 feet from P.R.M. -nce S 6 deg. 45 min. 00.9 sec. W (GN) a distance of 323.23 feet; 06-78-E-01; cc S 7 deg. 46 min. 53.8 sec. E (GN) a distance of 627.78 feet; Thence S 0deg. 27 min. 39.7 sec. W (GN) a distance of 499.86 feet; xe S 17 deg. 54 min. 09.7 sec. E (GN) a distance of 953.15 feet; Thence S 2deg. 00 min. 54.5 sec. E (GN) a distance of 540.33 feet; Thence S 19 deg. 32 min. 08.9 sec. E (GN) a distance of 1033.47 feet to a point on the CCCL said Thence S 4deg. 09 min. 21.8 sec. E (GN) a distance of 579.52 feet; point being S 43 deg. 40 min. 37.7 sec. E (GN) a distance of 271.59 feet from P.R.M. N.G.S. Thence S 5deg. 56 min. 30.3 sec. E (GN) a distance of 1159.23 feet; MUN; Thence S 6deg. 56 min. 54.2 sec. E (GN) a distance of 1176.60 feet; Thence S 19 deg. 04 min. 06.0 sec. E (GN) a distance of 1035.86 feet; Thence S 9deg. 15 min. 28.3 sec. E (GN) a distance of 783.20 feet; Thence S 15 deg. 17 min. 19.2 we. E (GN) a distance of 299.60 feet; Thence S 8deg. 44 min. 33.1 sec. E (GN) a distance of 300.67 feet;, Thince S.,13,deg. 58 miri;3V6sc@. E. (GN) a dittance of 1142.83. fetq 1%cii6 8 9 @leg. @6 'min. '5'3.1 'sev. k (i,-N@ a distance of 1163.49 feet Thence S 33'deg, 15 min. 52.7 sec. E (GN) a distance of 252.14 feet to a point on the CCCL said point being N 5 deg. 44 min. 00.9 sec. W (GN) a distance of 456.75 feet from P.R.M. N.G.S. Thence S 12 deg. 32 min. 26.3 sec. E (GN) a distance of 1050.05 feet; BREAKERS; Thence S I I deg. 35 min. 11.3 sm. E (GN) a distance of 1082.59 feet to a point on the CCCL said Thence S I deg. 56 min. 52.1 sec. E (GN) a distance of 1382.80 feet; 0% point being S 64 deg. 31 min. 04.3 sec. E (GN) a distance of 512.97 feet from P.R.M. Thence S I deg. 31 min. 49.6 sec. W (GN) a distance of 786.28 feet- 06-78-D-01; Thence S 0 deg. 48 min. 34.1 sec. E (GN) a distance of 1274.13 feet; Thence S 9 deg. 48 min. 20.1 sec. E (GN) a distance of 1095.47 feet; ThenceS 2 deg. 15 min. 16.8sec. E (GN) adistanceof 1197.73 feet toa point on the CCCLsaid Thence S 11 deg. 04 min. 46.6 sec. F (GN) a distance of 390.27 feet; point being N 0 deg. 28 min. 06.7 sec. W (GN) a distance of 669.42 feet from P.R.M. Thence S 9 deg. 03 min. 53.3 sec. W (GN) a distance of 710.88 feet; 06-78-E-02; Thence S 7 deg. 50 min. 18.1 sec. W (GN) a distance of 916.56 feet; Thence S 2 deg. 33 min. 32.3 sec. W (GN) a distance of 1167.36 feet; Thence S 0 deg. 48 min. 12.2 sec. W (GN) a distance of 1141.11 feet; Thence S 2 deg. 49 min. 50.5 sec. W (GN) a distance of 992.21 feet; T'hence S 2 deg. 12 min. 38.9 sec. W (GN) a distance of 803.60 feet; Thence S 2 deg. 23 min. 02.3 sec. W (GN) a distance of 1202.04 feet; Thence S 2 deg. 35 min. 15.5 sec. E (GN) a distance of 620.72 feet to a point on the CCCL said Thence S 2 deg. 51 min. 35.1 sec. W (GN) a distance of 1082.35 feet; point being N 88 deg. 29 min. 01.3 sec. E (GN) a distance of 710.16 feet from P.R.M. Thence S 3 deg. 00 min. 45.7 sec. W (GN) a distance of 285.42 feet to a point on the CCCL said 06-78-D-02; point being S 88 deg. 04 min. 15.8 sec. W (GN) a distance of 32.71 feet from P.R.M. Thence S 3 deg. 19 min. 07.6 sec. E (GN) a distance of 586.89 feet; 06-78-E-03; Thence S 3 deg. 32 min. 11.7 sec. E (GN) a distance of 988.88 feet; Thence S 15 deg. 47 min. 19.5 sec. W (GN) a distance of 349.14 feet; Thence S 5 deg. 05 min. 31.6 sec. E (GN) a distance of 1014.00 feet; Thence S 7 deg. 30 min. 33.6 sec. W (GN) a distance of 443.81 feet; Thence S I deg. 13 min. 34.8 see. E (GN) a distance of 981.22 feet; Thence S 6 deg. 45 min. 34.0 sec. W (GN) a distance of 1146.97 feet; Thence S 0 deg. 55 min. 50.1 sec. E (GN) a distance of 800.51 feet to a point on the CCCL said Thence S 6 deg. 47 min. 56.4 sec. W (GN) a distance 1351.50 feet; point being S 87 deg. 40 min. 12.2 sec. E (GN) a distance of 350.89 feet from P.R.M. ThenceS 3 deg. 40 min, 23.5 sec. W (GN) adistanceof 1150.33 feet toa pointon the CCCL said 06-78-D-03; point being N 89 deg. 42 min. 54.9 sec. W (GN) a distance of 24.75 feet from P.R.M.. Thence S 0 deg. 45 min. E (GN) to the Mean High Water Line of Lake Worth Inlet 06-78-E-04; Recommence at P.R.M. 06-78-D-03 S 56 deg. 41 min. 42.4 sec. W (GN) a distance of 1453.05 Thence S 5 deg. 24 min. 19.3 sec. W (GN) a distance of 1132.13 feet; feet to a point on the CCCL; Thence S 6 deg. 56 min. 03.7 sec. W (GN) a distance of 820.00 feet; Thence N 7 deg. 38 min. E (GN) to the Mean High Water Line of Lake Worth Inlet; Thence S.0 deg. 22 min. 40.3 sec. W (GN) a distance of 1213.03 feet; Thence return along the same course to said point on the CCCL; J, Thence S I deg. 36 min. 28.9 sec. %V (GN) a distance of 1318.52 feet; Thence S 7 deg. 37 min. 42.8 sec. W (GN) a distance of 1227.87 feet; Thence S 4 deg, 14 min. 25.9 sec. W (GN) a distance of 989.34 feet to* on the CCCL said Thenclifttleg. 04 min. 44.1 sec. W (GN) a distance of 616.70 feet; point being S I I deg. 14 min. 43.8 sec. %V (GN) a distance of feet from P.R.M. ThendWg. 30 min. 29.3 sec. E (GN) a distance of 578.29 feet to a point on the CCCL said 06-78-E-05; 124 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES HAULOVER RM 3; SETBACK LINE CH. 16B-26 Thence 0 deg. 03 min. 29.3 sec. E (GN) a distance of 1138.37 feet; Thence S 2 deg. 21 min. 38.9 sec. IN (GN) a distance of 1043.89 feet, Thence S 3 deg. W (GN) to the Mean High Water of South Lake Worth Inlet. Thence S 3 deg. 07 min. 10.8 sec. W(GN) a distance of 422.63 feet; Recommence at P.R.M. N.G.S. Haulover Rm 3 thence s 38 deg. 54 min. 26.8 sec. W (GN) a Thence S 2 deg. 13 min. 56.8 sec. E (GN) a distance of 590.45 feet; distance of 659.77 feet to a point on the CCL. Thence S 1 deg. 20 min. 30.5 sec. W (GN) a distance of 1110.30 feel; Thence N 12 deg. 30 min. E (GN) to the Mean High Water Line of South Lake Worth Inlet; Thence S 2 deg, 25 min. 49.3 sec. W (GN) a distance of 966.87 feet; Thence return along the same course to said point on the CCCL; Thence S 4 deg. 46 min. 40.7 sec. W (GN)a distance of 349.11 fee to a point on the MCI, said Thence S 15 deg. 06 min. 03.2 sec. W (GN) a distance of 1326.20 feet; point being S 38 dg. 06 min. 52.0 sec, W (GN) a distance of 88.62 feet from P.R.M. Thence S 14 (leg. 29 min. 38.9 sec. W (GN) a distance of 1013.66 feet; 06-78-E-06; Thence S 12 deg. 40 min. 57.6 sec. W (GN) a distance of 1045.23 feet; Thence S 5 deg. 02 min. 27.6 sec. W (GN) a distance of 692.18 feet; Thence S I I deg. 01 min. 02.1 see. W (GN) a distance of 1332.25 feet; Thence S I deg. 06 min. 41.4 sec. W (GN) a distance of 732.04 feet; Thence S 8 deg. 09 min. 07.3 sec. W (GN) a distance of 1003.97 feet to ap point on the CCCL said Thence S 0 deg. 10 min. 31.2 sec. E (GN) a distance of 1176.51 feet; point being S 27 deg. 07 min. 58.5 see. W (GN) a distance of 492.79 feet from P.R.M. Thence S 0 deg. 07 min. 44.9 sec. W (GN) a distance of 1109.20 feet; 06-78-G-02; Thence S 1 deg. 11 min. 23.5 sec. E (GN) a distance of 722.36 feet; Thence S 5 deg. 14 min. 50.7 see. W (GN) a distance of 705.98 feet; Thence S 3 dig. 10 min. 36.2 sec. E (GN) a distance of 942.82 feet to a point on the CCCL said Thence S 6 deg. 18 min. 53.7 sec. W (GN) a distance of 695.77 feet; point being N 32 deg. 35 min. 15.6 sec. W (GN) a distance of 79.95 feet from P.R.M. Thence S 7 deg. 13 min. 10.1 sec. W (GN) a distance of 1192.40 feet; 06-78-E-07; Thence S 8 deg. 05 min. 14.9 see. W (GN) a distatnce of 864.63 feet; Thence S 1 deg. 20 min. 53.5 see. E (GN) a distance of 1022.31 feet; Thence S 8 deg. 36 min. 50.8 see. W (GN) a distance of 1152.43 feet to a point on the CCCL said Thence S 1 deg. 54 min. 30.8 sec. E (GN) a distance of 1282.11 feet; point being N 13 deg. 58 min. 37.6 sm. W (GN) a distance of 193.91 feet from P.R.M. Thence S 3 deg. 29 min. 59.9 sec. E (GN) a distance of 982.83 feet; 06-78-G-03; Thence S 1 deg. 57 min. 44.4 sec. E (GN) a distance of 1206.11 feet; Thence S 10 deg. 45 min. 59.6 sec. W (GN) a distance of 1089.57 feet; S 0 deg. 25 min. 57.3 sec. E (GN) a distance of 1072.88M feet to a point on the CCCL said Thence S 10 deg. 52 min. 36.2 sec. W (GN) a distance of 1130.92 feet; it being N I I deg. 49 min. 4 1.5 sec. W (GN) a distance of 106.00 feet from P.R.M. Thence S 9 deg. 59 min. 40.5 sec. W (GN) a distance of 991.04 feet; Thence S 7 deg. 43 min. 56.7 sec. W (GN) a distance of 1181.75 feet; 06-78-E-08; Thence S 6 deg. 20 min. 39.6 sec. W (GN) a distance of 916.71 feet; Thence S I deg. 13 min. 04.8 sec. E (GN) a distance or 1030.28 feet; Thence S 4 deg. 38 min. 13.7 sec. W (G N) a distance of 1036.91 feet to a point on the CCCL said Thence S 0 deg. 31 min. 51.9 sec. E (GN) a distance of 1175.95 feet; Thence S 0 deg. 09 min. 19.9 sec. W (GN) a distance of 1326.20 feet; point being N 78 deg. 27 min. 57.4 sec. W (GN) a distance of 100.42 feet from P.R.M. Thence S 0 deg. 43 min. 13.3 see. W (GN) a distance of 1240.80 feet; 06-78-G-04; Thence S 0 deg. 48 min. 00.7 sec. E (GN) a distance of 1202.25 feet to a point on the CCCL said Thence S 8 deg. 52 min. 49.7 sec. W (GN) a distance of 342.49 feet; point being S 16 deg. 34 min. 21.7 sec. W (GN) a distance of 123.23 feet from P.R.M. N.G.S. Thence S 10 deg. 32 min. 33.2 see. W (GN) a distance of 776.10 feet; Thence S 4 deg. 56 min. 21.2 see. W (GN) a distance of 1325.21 feet; BRAY; Thence S 0 deg. 45 min. 27.3 sm. E (GN) a distance of 1225.97 feet; Thence S 2 deg. 40 min. 41.8 see. W (GN) a distance of 1072.17 feet; Thence S I deg. 31 min. 13.6 sec. W (GN) a distance of 1206.02 feet; Thence S 7 deg. I I min. 32.4 see. W (GN) a distance of 1136.08 feet to a point on the CCCL said Thence S 3 deg. 02 min. 40.4 sec, W (GN) a distance of 1317.96 feet; point being N 64 deg. 48 min. 55.4 sec. W (GN) distance of 24.91 feet from P.R.M. 06-78-G-05; Thence S 1 deg. 07 min. 00.4 sec. W (GN) a distance of 964.58 feet; Thence S 3 deg. 13 min 03,7 sec. W (ON) a distance of 978.87 feet to a point on the CCCL said Thence S 7 deg. 32 min. 22.8 see. W (GN) a distance of 1087.26 feet; point being N I deg. 01 min. 15.6 sec. E (GN) a distance of 160.84 feet from P.R.M. Thence S 8 deg. 54 min. 46.5 sec. W (GN) a distance of 1097.25 feet; Thence S 7 deg. 43 min. 13.1 see. W (GN) a distance of 632.74 feet; 06-78-F-01; Thence S 7 deg. 03 min. 02.8 sec. W (GN) a distance of 382.90 feet; Thence S 3 deg. 20 min. 36.0 sec. W (GN) a distance of 686.84 feet; Thence S 7 deg. 39 min. 03.7 sec. W (GN) a distance of 797.17 feet to a point on the CCCL said Thence S 3 deg. 24 min. 06.0 sec. W (GN) a distance of 1242.09 feet; point being N 31 deg. 44 min. 42.7 sec. W (GN) a distance of 51.82 feet from P.R.M. Thence S 3 deg. 19 min. 58.5 sec. W (GN) a distance of 1063.00 feet; 06-78-G-06; Thence S 3 deg. 52 min. 53.4 sec. W (GN) a distance of 1045.90 feet; Thence S 5 deg. 16 min. 18.9 sec. W (GN) a distance of 1038.03 feet to a point on the CCCL said Thence S 8 deg. 31 min. 41.8 sec. W (GN) a distance of 531.80 feet; point being N I deg. 25 min. 29.8 sec. E (GN) a distance of 463.38 feet from P.R.M. N.G.S. Thence S 9 deg. 05 min. 59.8 sec. W (GN) a distance of 935.78 feet; Thence S 7 deg. 58 min. 27.0 sec. W (GN) a distance of 1247.06 feet; KIRK 2; Thence S 8 deg. 47 min. 38.6 sec. W (GN) a distance of 100.76 feet; Thence S 5 deg. 52 min. 57.3 sec. W (GN) a distance of 1010.08 feet; Thence S 7 deg. 57 min. 34.8 sec. W (GN) a distance of 1140.99 feet; Thence S 10 deg. 51 min, 03.6 see. W (GN) a distance of 313.40 feet; Thence S 8 deg. 28 min, 11.0 see, W (GN) a distance of 1197.41 feet to a point on the CCCL said Thence S I I deg. 26 min. 49.8 sec. W (GN) a distance of 655.03 feet; Thence S 13 deg. 25 min. 38.6 sec. W (GN) a distance of 1141.19 feet; point being S 27 deg. 45 min. 59.2 sec. E (GN) a distance of 92.19 feet P.R.M. N.G.S. DELRAY; Thence S 12 deg. 02 min. 20.8 sec. W (GN) a distance of 1078.73 feet; Thence S 7 deg.08 min. 05.8 sec. W (GN) a distance of 1035.67 feet; Thence S 9 deg. 25 min. 31.4 sec. W (GN) a distance of 1019.77 feet; Thence S 5 deg. 44 min. 56.0 sec. W (GN) a distance of 628.95 feet to a point on the CCCL said Thence S 5 deg. 53 min. 26.3 sec. W (GN) a distance of 1140.02 feet; point being N 73 deg. 55 min. 00.5 sec. W (GN) a distance of 11.25 feet from P.R.M. Thence S 7 deg. 22 min. 32.6 sec. W (GN) a distance of 1020.44 feet; Thence S 6 deg. 59 min. 13.9 sec. W (GN) a distance of 1134.43 feet; 06-78-G-01; ThenceS 6 deg. 05 min. 11.7 sec. W (GN) a distance of 1165.25 feet to a point on the CCCL said Thence S 4 deg. 57 min. 09.1 sec. W (GN) a distance of 498.07 feet; point being N 6 deg. 45 min. 54.1 sec. W (GN) a distance of 507.69 feet from P.R.M. Thence S 4 deg. 05 min. 39.1 sec. W (GN) a distance of 952.43 feet; 06-78-H-01; Thence S 2 deg. 44 min. 33.4 sec. W (GN) a distance of 668.77 feet; Thence S 7 deg. .31 min. 51.6 sec. W (GN) a distance of 876.27 feet; Thence S 2 deg. 37 min. 43.7 sec. W (GN) a distance of 1090.15 feet to a point on the CCCL said Thence S 6 deg. 03 min. 16.4 sec. W (GN) a distance of 934.81 feet; point being N 25 deg. 36 min. 24.2 sec. W (GN) a distance of 396.54 feet from P.R.M. N.G.S . 127 126 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 Thence S 6 deg. 16 min. 52.9 sec. W (GN ) a distance of 1398.40 feet; Thence S 8 deg. 52 min. 37.2 sec. W (GN) a distance of 1343.89 feet; Thence S 6 deg. 08 min. 29.4 sec. W (GN) a distance of 1025.38 feet; Thence S I I deg. 43 min. 40.6 sec. W (GN) a distance of 1008.04 feet; Thence S 5 deg. 19 min. 18.7 sec. W (GN) a distance of 887.32 feet; Thence S I I deg. 13 min. 37.6 sec. W (GN) a distance of 909.10 feet; Thence S 6 deg. 45 min.5 sec. W (GN)a distance of 1163.25 feet to a point on the CCCL Thence S 6 deg. 50 min. 47.5 sec. W (GN) 1030.95 feet; point being N 64 deg. 50 min. 16.1 sec. W (GN) a distance of 49.43 feet from P.R.M. Thence S 6 deg. 50 min. 32.5 sec. W (GN) a distance of 770.07 feet to a point on the CCCL said 06-78-H-02; point being S 86 deg. 16 min. 49.8 sec. W (GN) a distance of 23.94 feet from P.R.M. Thence S 4 deg. I Imin. 36.6 sec. W (GN) a distance of 1208.18 feet; 06-78-J-03; Thence S 4 deg. 44 min. 38.1 sec W (GN) a distance of 1230.92 feet; ThenceS 5 deg. 50 min. 32.5 sec. W (GN)to the Palm Beach and Broward County Line for a Thence S 4 deg. 32 min. 23.0 sec. W (GN) a distance of 794.69 feet; point of terminus. Thence S 4 deg. 04 min. 21.8 sec. W (GN) a distance of 633.50 feet; Thence S 4 deg. 55 min. 50.8 sec. W (GN) a distance of 1337.95 feet; 16B-26.11 Description of the Pinellas (2) After this rule becomes effective no Thence S 3 deg. 20 min. 29.5 sec. W (GN) a distance of 852.17 feet to a point on the CCCL said County Coastal Construction Control Line. point being S 28 deg. 31 min. 31.6 sec. W (GN) a distance of 243.78 feet from P.R.M. There is hereby established pursuant to person, firm, corporation, or governmental 06-78-H-03; Section 161.053, Florida Statutes, a coastal agency shall constuct any structure Thence S 3 deg. 38 min. 38.8 sec. W (GN) a distance of 1106.51 feet; construction control line in Pinellas County whatsoever seaward thereof, or perform any Thence S 2 deg. 47 min. 19.9 sec. W (GN) a distance of 1089.29 feet; Florida. The legal description of said line is actions as described in Section 161.053, Thence S 5 deg. 02 min. 32.8 sec. W (GN) a distance of 853.30 feet; attached hereto. florida Statutes, without obtaining a permit as Thence S 6 deg. 16 min. 02.9 sec. W (GN) a distance of 696.16 feet; (1) This rule shall take effect 20 days after described in said section, and all provisions of Thence S 2 deg. 11 min. 31.5 sec. W (GN) a distance of 418.31 feet; riling with the Department of State or on the said section shall apply to this rule. Thence S 5 deg. 37 min. 36.3 sec. W (GN) a distance of 1127.61 feet to a point on the CCCL said date that it is duly recorded in the public Specific Authority 161.053 370.021 FS. Law point being l7deg. 51 min. 57.5 sec., W (GN) a distance of 359.88 feet from P.R. M. N.G.S. records in the office of the Clerk of the Circuit Implement 161.053. 370.021 (1) FS. Court in and for Pinellas County, together History-New 1-10-79. POCK 3; Thence S3 deg. 42 min. 59.4 sec. W (GN) a distance of 1102.15 feet; with each affected municipality, whichever is Thence S4 deg. 59 min. 52.6 sec. W (GN) a distance of 1056.02 feet; EXHIBIT "B" Thence S28 deg. 53 min. 11.7 sec. W (GN) a distance of 364.33 feet; METES AND BOUNDS DESCRIPTION Thence S7 deg. 32 min. 40.1 sec. W (GN) a distance of 830.19 feet; for the Thence S 3 deg. 32 min. 00.9 sec. W (GN) a distance of 1087.07 feet; COASTAL CONSTRUCTION CONTROL LINE Thence S2 deg. 22 min. 29.9 sec. W (GN) a distance of 868.75 feet; PINELLAS COUNTY, FLORIDA Thence S I deg. 50 min. 02.1 sec. W (GN) a distance of 1416.71 feet to a point on the CCCL said Description of the Coastal Construction Control LIne (CCCL) is established in compliance with point beinig S 6 deg. 20 min. 04.7 sec. W (GN) a distance of 375.67 feet, from P.R.M. Section 161.053 of the Florida-Statutes: Said Control Line lying along the Gulf of Mexico coast 06-78-1-01; from the north end of Caladesi Island south to Egmont Channel. Thence S 2 deg. 49 min. 52.9sec. W (GN) a distance of 1177.45 feet; Said Coastal Construction Control Line is related to a series of "Permanent Reference Thence S 3 deg. 46 min. 07.3 sec. W (GN) a distance of 966.09 feet; Monuments" (P.R.M.) designated and hereinafter referred to as "15-77-B-01" through Thence S 3 deg. 15 min. 20.3 sec W (GN) a distance of 893.46 feet; "15-77-B-18" for monuments established by the Department of Natural Resources, State of Thence S 3 deg. 42 min. 57.1 sec. W (GN) a distance of 1055.42 feet; Thence S 3 deg. 32 min. 09.7 sec. W (GN) a distance of 1241.21 feet to a point on the CCCL said Florida or referred to by station name for monuments established by the National Geodetic Survey (N.G.S.). point being S 48 deg. 12 min. 48.4 sec. W (GN) a distance of 26.68 feet from P.R.M. N.G.S. CLOISTER; Commence at P.R.M. N.G.S. HOG ISLANF yjrmvr N 74 deg. 03 min. 12.4 sec. W (GN) a Thence S 2 deg. 45 min. 44.7 see. W (GN) a distance of 1044.67 feet; distanceof 155.79feet tothe point of beginning for that portion of the CCCL from the north end of Thence S 12 deg. 04 min. 32.1 sec. W (GN) a distance of 956.16 feet; Caledesi Island south to Hurricane Pass; Thence S I I deg. 07 min. 55.3 sec. W (GN) a distance of 284.87 feet; Thence N 81 deg. E (GN) to the Mean High Water Line of the Gulf of Mexico; Thence S I deg. 18 min. 47.9 see. W (GN) a distance of 653.16 feet; Thence return along the same course to said point of beginning; Thence S 0 deg. 52 min. 44.9 sec. W (GN) a distance of 977.62 feet; Thence S 56 deg. 14 min. 21.4 sec. W (GN) a distance of 224.93 feet; Thence S 2deg. I I min. 10.0 sec. W (GN) adistanceof 1589.40feetto apointonthe CCCLsaid Thence S 42 deg. 52 min. 32.3 sec. W (GN) a distance of 915.63 feet to a point on the CCCL said point being S 41 deg. 07 min. 17.3 sec. W (GN) a distance of 126.71 feet from P.R.M. point being N 26 deg. 14 min. 12.4 sec. W (GN) a distance of 297.07 feet from P.R.M. 06-78-J-01; 15-77-B-18; Thence S I deg. 23 min. 26.2 sec. W (GN) a distance of 497.40 feet; Thence S 8 deg. 53 min. 29.7 sec. E (GN) a distance of 808.72 feet; Thence S 6 deg. 50 min. 09.4 sec. W (GN) a distance of 533.49 feet; Thence S 0 deg, 21 min. 44.1 sec. E (GN) a distance 949.02 feet; Thence S 6 deg. 02 min. 08.4 sec. W (GN) a distance of 1350.49 feet; Thence S 4 deg. 41 min. 41.7 sec. E (GN) a distance of 1038.48 feet; Thence S 4 deg. 10 min. 44.6 sec. W (GN) a distance of 788.26 feet; Thence S 13 deg. 14 min. 25.9 sec, W (GN) a distance of 593.78 feet;` Thence S 4 deg. 00 min. 20.1 sec. W (GN) a distance of 1004.95 feet; Thence S 60 deg. 16 min. 58.3 see. W (GN) a distance of 512.39 feet; Thence S 4 deg. 19 min. 00.5 sec. W (GN) a distance of 786.98 feet to a point on the CCCL said Thence S 7 deg. 41 min. 58.5 sec. W (GN) a dustabce if 865.81 feet to a point on the CCCL said point being N 52 deg. 31 min. 02.3 sec. W (GN) a distance of 501.78 feet from P.R.M. point being S 69 deg. 13 min. 47.2 sec. E (GN) a distance of 660.86 feet from P.R.M. 06-78-J-02; 15-77-B-17; Thence S 22 deg. W (GN) to the Mean High Water Line of Boca Raton Inlet. Thence S 33 deg, 42 min. 21.9 sec. E (GN) distance of 992.91 feet; Recommence at P.R.M. 06-78-J-02 thence S 68 deg. 15 min. 38.8 sec. W (GN) a distance of Thence S 28 deg. I I min. 43.7 sec. E (GN) a distance of 1068.83 feet; 898.03 feet to a point on the CCCL; Thence deg. 30 min. E (GN)to the Mean High Water Line of Boca Raton Inlet; Thence S 2 deg, 19 min. 120.89 feet to a point on the CCCL said Thence along the same course to said point on the CCCL; point being S 37 deg. 23 min, 38.1 sec. E (GN) a distance of feet from P.R.M. 15-77-B-16; CH. 16B-26 DEPARMENT OF NATURAL RESOURCES SETBACK LINE CH. 16B-26 SETBACK I Thence S 47 deg. 22 in. 55.4 sec. E (GN) a distance of 1025.54 feet; Thence S 76 deg. 36 min. 27.0 sec. W (GN) a distance of 302.22 feet; Thence S 47 min. 12.3 sec. E (GN) a distance of 1086.10 feet; Thence S 22 deg. 39 min. 10.0 sec. E (GN) a distance of 381.57 feet; Thence S 88 deg. 12 min. 17.9 sec. E (GN) a distance of 1168.43 feet; Thence S 42 deg. 45 min. E (GN) to the Mean High water line of Clearwater Pass. Thence S 74 deg. 09 min. 03.8 sec. E (GN) a distance of 1142.43 feet; Recommence at P.R.M.N.G.S. HARRIS C thence N 28 deg. 47 min. 07.3 sec. E (GN) a distance Thence S 74 deg. 09 min. 03.8 see. E (GN) to the Mean High Water Line of Hurricane Pass. of 1826.47 feet to the point of beginning for that portion of the CCCL from Clearwater Pass Recommence at 15-77-B-1 5 thence S 40 deg. 22 min. 02.2 sec. E (GN) a distance of 303.42 feet to South to Johns Pass; the point of beginning for that portion of the CCCL from Hurricane Pass South to Dunedin Thence N 13 deg. E (GN) to the Mean High Water Line of Clearwater Pass; Pass; Thence return along the same course to said point of beginning; Thence N 38 deg. 20 min. 21.3 sec. E (GN) a distance of 1060.75 feet; Thence S 49 deg. 14 min. 18.9 see. W (GN) a distance of 1040.11 feet; Thence N 38 deg. 20 min. 21.3 sec. E (GN) to the Mean High Water Line of Hurricane Pass; Thence S 60 deg. 49 min. 54.9 sec W (GN) a distance of 1351.12 feet; Thence return along (he same courses to said point of beginning; Thence S 20 deg. 49 min. 30.8 sec. W (GN) a distance of 523.18 feet; Thence S 38 deg, 57 min. 30.0 sec. W (GN) a distance of 779.32 feet; Thence S 21 deg. 26 min. 17.6 sec. W (GN) a distance of 1201.10 feet; Thence S 15 deg. 12 minutes 30.9 sec. W (GN) a distance of 972.04 feet; Thence S 36 deg. 56 min, 07.4 sec. W (GN) a distance of 1224.80 feet; to the point on the CCCL said Thence S 5 deg. 44 min. 48.9 sec. W (GN) a distance of 1098.52 feet; point being N 79 deg. 03 min. 44.3 sec. W (GN) a distance of 291.66 feet from P.R.M.N.G.S. Thence S 7 deg. 30 min. 07.0 sec. W (GN) a distance of 980.39 feet; HARRIS D; Thence S 9 deg. 03 min. 22.5 sec. W (GN) a distance of 997.43 feet; Thence S 28 deg. 04 min. 21.0 sec. W (GN) a distance of 731.00 feet; Thence S 14 deg. 41 min. 25.2 sec. W (GN) a distance of 1041.03 feet to a point on the CCCL said Thence S 31 deg. 07 min. 36.7 sec. W (GN) a distance of 421.72 feet; point being N 8 deg. 46 min. 32.1 sec. W (GN) a distance 561.42 feet from P.R.M. Thence S 24 deg. 38 min. 10.0 sec. W (GN) a distance of 869.40 feet; 15-77-B-14; Thence S 24 deg. 25 min. 05.4 sec. W (GN) a distance of 993.65 feet; to a point on the CCCL said Thence S 19 deg. 10 min. 44.4 sec. W (GN) a distance of 1022.77 feet; point being N 29 deg. 54 min. 18.7 see. W (GN) a distance of 581.61 feet from P.R.M.N.G.S. Thence S 20 deg. 32 min. 08.1 sec. W (GN) a distance of 983.50 feet; HARRIS E; Thence S 22 deg. 48 min. 18.6 sec. W (GN) a distance of 975.24 feet; Thence S 24 deg. 59 min. 05.7 sec. W (GN) a distance of 1027.08 feet; Thence S 24 deg, 11 min. 57.2 sec. W (GN) a distance of 1007.54 feet; Thence S 21 deg. 48 min. 35.2 sec. W (GN) a distance of 1273.13 feet; Thence S 16deg. 39min. 32.8sec. W (GN) a distance of 683.70 feet tp a point on the CCCL, said Thence S 16 deg. 03 min, 34.1 sec. W (GN) a distance of 2524.52 feet; point being S 43 deg. 46 min. 34.8 we. E (GN) a distance of 222.78 feet from P.R.M. Thence S 13 deg. 21 min. 39.6 sec. W (GN) a distance of 1022.68 feet; 15-77-B-13; Thence S 13 deg. 19 min. 36.6 sec. W (GN) a distance of 1056.96 feet to a point on the CCCL said Thence S 33 deg. 34 min. 01.9 sec. E (GN) a distance of 1034.52 feet; point being S 47 deg. 22 min. 29.5 sec. W (GN) a distance of 581.61 feet from P.R.M.N.G.S. Thence S 19 deg. 02 min. 16.9 sec. E (GN) a distance of 751.08 feet; HALL F; Thence S 4 deg. 09 min. 25.4 see. W (GN) a distance of 1200.16 feet; Thence S 10 deg. 47 min. 56.4 sec. W (GN) a distance of 999.90 feet; Thence S 48 deg. (GN) to the Mean High Water Line of Dunedin Pass. Thence S 10 deg. 55 min. 31.7 sec. W (GN) a distance of 921.53 feet to a point on the CCCL, said point being N 25 deg. 02 min. 59.9 sec. W (GN) a distance of 427.66 feet from P.R.M.N.G.S. Recommence at P.R.M. 15-77-B-1 2 thence N 29 deg 58 min. 01 .9 sec. E (GN) a distance of 283.85 feet to the point of beginning for that portion of the CCCL from Dunedin Pass south to HALL D; Clearwater Pass; Thence S 12 deg. 03 min. 17.8 sec. W (GN) a distance of 960.46 feet; Thence N 48 deg. E (GN) to the Mean High Water Line of Dunedin Pass; Thence S 12 deg. 11 min. 35.5 sec. W (GN) a distance of 2023.54 feet to a point on the CCCL said Thence return along the same course to said point of beginning; point being S 38 deg. 41 min. 52.1 sec W (GN) a distance of 704.76 feet from P.R.M.N.G.S. Thence S 8 deg. 36 min. 11.2 sec. W (GN) a distance of 548.17 feet; HALL C; Thence S 4 deg. 45 min. 01.8 sec. E (GN) a distance of 362.24 feet; Thence S 11 deg. 40 min. 36.8 sec. W (GN) a distance of 1411.53 feet; Thence S 7 deg. 12 min. 56.4 sec. E (GN) a distance of 1019.07 feet; Thence S 9 deg. 14 min. 12.7 sec. W (GN) a distance of 710.21 feet to a point on the CCCL said Thence S 1 deg. 08 min. 10.6 sec. E (GN) a distance of 1122.52 feet; point being W 23 deg. 26 min. 53.9 see. W (GN) a distance of 535.60 feet from P.R.M.N.G.S. Thence S 22 deg. 35 min. 11.2 sec. W (GN) a distance of 445.90 feet; HALL H; Thence S 14 deg. 05 min. 54.5 sec. W (GN) a distance of 527.08 feet; Thence S 8 deg. 17 min. 38.9 sec. W (GN) a distance 1061.91 feet; Thence S 8 deg. 15 min. 27.6 sec. W (GN) a distance of 931.30 feet; Thence S 4 deg. 27 Min. 42.4 see. W (GN) a distance of 1000.33 feet; Thence S 3 deg. 17 min. 22.1 sec. W (GN) a distance of 658.59 feet; Thence S 8 deg, 42 min. 06.3 sec. W (GN) a distance of 1014.67 feet; Thence S 0 deg. 30 min. 04.0 sec. E (GN) a distance of 343.01 feet; Thence S 8 deg. 21 min. 39.8 sec. W (GN) a distance of 992.17 feet; Thence S3 deg. 09 min. 01.7 sec. E (GN) a distance of 994.20 feet; point being N 48 deg. 33 min. 55.2 see. W (GN) a distance 395.85 feet from P.R.M.N.G.S. Thence S 2 deg. 52 min. 58.5 sec. E (GN) a distance of 543.99 feet to a point on the CCCL said HALL J; point being N I deg. 12 min. 21.8 sec. W (GN) a distance of 149.14 feet from P.R.M. Thence S 8 deg. 04 min. 38.6 sec. W (GN) a distance of 1014.67 feet; 15-77-13-10; Thence S 9 deg. 32 min. 27.8 sec. W (GN) a distance 992.17 feet; Thence S 1 deg. 01 min. 03.5 sec. E (GN) a distance of 497.18 feet; Thence S 8 deg. 27 min. 57.6 see. W (GN) a distance of 1015.52 feet to a point on the CCCL said Thence S 1 deg. 36 min. 05.2 sec. E (GN) a distance of 1115.34 feet; point being S 86 deg. 54 min. 38.0 sec. W (GN) a distance of 257.39 feet from the P.R.M.N.G.S. Thence S 3 deg. 00 min. 13.6 see. W (GN) a distance of 667.92 feet; NARROW C; Thence S 9 deg. 54 min. 34.2 sec. W (GN) a distance of 505.54 feet; Thence S 2 deg. 36 min. 09.2 sec. W (GN) a distance of 946.98; Thence S 3 deg. 19 min. 45.3 sec. E (GN) a ditance of 1009.61; Thence S 7 deg 20 min 11.6. sec. W (GN) a distance of 856.01 feet; Thence S 11 deg. 31 min. 51.3 sec. W (GN) a distance of 988.96 feet to a point on the CCL said Thence S 0 deg. 49 min. 38.0 sec. E (GN) a distance of 995.20 feet; point being N 9 deg. 30 min. 43.6 sec. E (GN) a distance of 800.67 feet from P.R.M. Thence S 1 deg. 44 min. 50.2 sec. E (GN) a distance of 1049.49 feet to a point on the CCCL said 15-77-B-09A; point being N 62 deg. 36 min. 13.2 sec. W (GN) a distance of 266.63 feet from P.R.M.N.G.S. Thence S 6 deg. 46 min. 49.5 sec. W (GN) a distance of 2016.58 feet; NARROW; Thence S 6 deg. 53 min. 19.2 sec. W (GN) a distance of 607.91 feet to a point on the CCCL said Thence S 4 deg. 20 min. 50.8 sec. E (GN) a distance of 1028.96 feet; point being N 25 deg. 52 min. 22.3 see. W (GN) a distance of 263.72 feet from P.R.M. 15-77-B-09; 131 130 CH. 16B-26 DEPARTMENT OF NATURAL RESOURCES SETBACK LINE CH 16B-26 Thence S 7 deg. 16 min. 25.7 see. E (GN) a distance of 1003.07 feet; Thence S 24 deg. 08 min. 17.8 sec. E (GN) a distance of 496.41 feet; Thence S 8 deg. 09 min. 30.0 sec. E (GN) a distance of 1003.51 feet to a point on the CCCL, said Thence S 32 deg. 39 min. 18.6 sec, E (GN) a distance of 214.98 feet to a point on the CCCL said point being S 53 deg. 39 min. 26.4 sec W (GN) a distance of 224.45 feet from P.R.M.N.G.S. point being S 68 deg. 14 min. 12.2 sec. W (GN) a distance of 517.60 feet from P.R.M.N.G.S. NARROW A AZ MK; RAINEY D; Thence S 8 deg. 33 min. 37.3 sec. E (GN) a distance. of 1045.29 feet; Thence S 41 deg. 16 min. 39.2 sec. E (GN) a distance of 294.07 feet; Thence S 11 deg. 01 min. 31.5 sec. E (GN) a distance of 1856.26 feet; Thence S 51 deg. 34 min. 18.9 sec. E (GN) a distance of 308.91 feet; Thence S 14 deg. 34 min. 49.3 see. E (GN) a distance of 945.45 feet; Thence S 63 deg. 55 min. 41.9 sec. E.(GN) a distance of 259.39 feet; Thence S 15 deg. 02 min. 10.5 sec. E (GN) a distance of 1056.15 feet; Thence S 73 deg. 28 min. 55.9 sec. E.(GN) a distance of 151.24 feet; Thence S 16 deg. 55 min. 47.6 sec. E (GN) a distance of 999.31 feet to a point on the CCCL said Thence N 22 deg. 16 min. 33.2 sec. E (GN) a distance of 179.39 feet; point being S 6 deg. 35 min. 55.9 sec. W (GN) a distance of 473.18 feet from P.R.M.N.G.S. Thence S 65 deg. 14 min. 25.9 sec. E (GN) a distance of 255.49 feet; NARROW G; Thence S 55 deg. 12 min. 20.4 sec. E (GN) a distance of 474.91 feet; Thence S 20 deg. 48 min. 32.5 sec. E (GN) a distance of 954.25 feet; Thence S 48 deg. 18 min. 09.2 sec. E (GN) a distance of 1116.96 feet; Thence S 22 deg. 18 min. 56.1 sec. E (GN) a distance of 579.39 feet; Thence S 39 deg. 44 min. 49.6 sec. E (GN) a distance of 502.03 feet; Thence S 23 deg. 21 min. 06.5 sec. E (GN) a distance of 638.28 feet; Thence S 40 deg. 07 min. 32.8 sec. E (GN) a distance of 194.73 feet; Thence S 25 deg. 58 min. 36.0 sec. E (GN) a distance of 2917.78 feet to a point on the CCCL said Thence S 37 deg. 33 min. 34.6 sec. E (GN) a distance of 194.39 feet; point being S 70 deg, 56 min. 51.5 sec. W (GN) a distance of 338.63 feet from P.R.M.N.G.S. Thence S 32 deg. 10 min. 42.5 sec. E (GN) a distance of 975.38 feet to a point on the CCCL said REDINGTON F; point being N 60 deg. 23 min. 48.7 sec. W (GN) a dsitance of 335.13 feet from P.R.M. Thence S 30 deg. 43 min. 26.0 sec. E (GN) a distance of 2293.99 feet; 15-77-8-06; Thence S 32 deg. 04 min. 53.7 sec, E (GN) a distance of 1195.57 feet; Thence S 25 deg. 20 min. 20.5 sec. E (GN) a distance of 947.61 feet; Thence S 26 deg. 52 min. 57.8 sec. E (GN) a distance of 1371.18 feet; Thence N 87 deg. 20 min. 13.2 sec. W (GN) a distance of 43.05 feet; Thence S 23 deg. 30 min. 53.7 sec. E (GN) a distance of 1117.83 feet to a point on the CCCL said Thence S 23 deg. 23 min. 37.4 sec. E (GN) a distance of 501.20 feet; point being S 69 deg. 18 min. 51.7 sec. W (GN) a distance of 380.87 feet from P.R.M.N.G.S. Thence S 19 deg. 41 min. 05.0 sec. E (GN) a distance of 623.43 feet; REDINGTON B; Thence S 14 deg. 07 min. 32.7 sec. E (GN) a distance of 133.54 feet; Thence S 31 deg. 08 min. 11.1 sec. E (GN) a distance of 796.79 feet; Thence S 16 deg. 23 min. 09.9 see. E (GN) a distance of 497.72 feet; Thence S 34 deg. 49 min. 28.2 sec. E (GN) a distance of 896.57 feet to a point on the CCCL, said Thence S 12 deg. 14 min. 32.4 sec. E (GN) a distance of 542.33 feet; point being in 89 deg. 01 min. 41.8 sec. W (GN) a distance of 323.14 feet from P.R.M.N.G.S. Thence S 17 deg, 16 min. 35.3 sec. E (GN) a distance of 1075.16 feet to a point on the CCCL said REDINGTON D; point being N 75 deg. 27 min. 52.1 sec. W (GN) a distance of 1073.00 feet from P.R.M.N.G.S. Thence S 37 deg. 39 min. 56.2 sec. E (GN) a distance of 792.08 feet; BLIND A; Thence S 42 deg. 36 min. 44.7 sec. E (GN) a distance of 1035.40 feet; Thence S 14 deg. 56 min. 52.2 sec. E (GN) a distance of 1134.75 feet; Thence S 43 deg. 45 min. 24.2 sec. E (GN) a distance of 2118.28 feet; Thence S 19 deg. 50 min. 02.6 sec. E (GN) a distance of 1839.10 feet; Thence S 51 deg. 54 min. 08.4 sec. E (GN) a distance of 2053.47 feet to a point on the CCCL said Thence S 24 deg. 43 min. 35.5 sec. E (GN) a distance of 1728.48 feet; point being N 72 deg. 24 min. 26.1 sec. W (GN) a distance of 741. 10 feet from P.R.M.N.G.S. Thence S 36 deg. 14 min. 55.8 sec. E (GN) a distance of 948.65 feet to P.R.M. 15-77-B-05A; REDINGTON J; Thence S 42 deg. 49 min. 12.3 sec. E (GN) a distance of 685.70 feet; Thence S 52 deg. 27 min. 23.8 sec. E (GN) a distance of 1939.73 feet; Thence S 34 deg. 46 min. 41.4 sec. E (GN) to the Mean High Water Line of Blind Pass. Thence S 49 deg. 10 min. 09.0 sec. E (GN) a distance of 1001.79 feet; Recommence at P.R.M. 15-77-B-05A thence S 40 deg. 08 min. 54.9 sec. E (GN) a distance of Thence S 47 deg. 56 min. 16.6 sec. E (GN) a distance of 910.54 feet; 2131.10 feet to the point of beginning for that portion of the CCCL from Blind Pass south to Thence S 49 deg. 24 min. 17.6 sec. E (GN) a distance of 1003.52 feet to a point on the CCCI said Pass-A-Grille Channel; point being S 38 deg. 00 min. 30.1 sec. W (GN) a distance of 259.64 feet from P.R.M. Thence S 43 deg. 10 min. 22.8 sec. E (GN) a distance of 887.16 feet; 15-77-B-08; Thence S 45 deg. 23 min. 21.2 sec. E (GN) a distance of 1040.89 feet; Thence S 48 deg. 47 min. 59.7 sec. E (GN) a distance of 1141.66 feet; Thence S 45 deg. 48 min. 24.9 sec. E (GN) a distance of 803.35 feet; Thence S 48 deg. 43 min. 24.9 sec. E (GN) a distance of 1012.59 feet; Thence S 35 deg. 16 min. 08.0 sec. E (GN) a distance of 966.38 feet; Thence S 48 deg. 38 min. 43.0 sec. E (GN) a distance of 989.83 feet; Thence S 30 deg. 41 min. 08.4 see. E (GN) a distance of 1095.37 feet to a point on the CCCL said Thence S 48 deg, 40 min. 57.8 sec. E (GN) a distance of 1354.08 feet; point being N 59 deg. 32 min. 36.2 sec. W (GN) a distance of 1028.66 feet from P.R.M. Thence S 44 deg. 07 min. 13.0 sec. E (GN) a distance of 736.89 feet; 15-77-B-04; Thence S 43 deg. 41 min. 17.2 sec. E (GN) a distance of 648.59 feet to a point on the CCCL said Thence S 24 deg. 45 min. 41.2 sec. E (GN) a distance of 2046.12 feet; point being S 3 deg. 58 min. 54.4 sec. W (GN) a distance of 335.66 feet from P.R.M. N.G.S. Thence S 18 deg. 36 min. 56.7 sec. E (GN) a distance of 1076.66 feet; REDINGTON 0; Thence S 15 deg. 58 min. 54.8 sec. E (GN) a distance of 1039.87 feet; Thence S 38 deg. 39 min. 35.3 sec. E (GN) a distance of 448.22 feet; Thence S 13 deg. 38 min. 47.7 sec. E (GN) a distance of 1034.20 feet; Thence S 36 deg. 40 min. 39.5 sec. E (GN) a distance of 894.00 feet; Thence S 11 deg. 55 min. 48.4 sec E (GN) a distance of 996.52 feet; Thence S 32 deg. 15 min. 05.8 sec. E (GN) a distance of 1060.64 feet; Thence S 7 deg. 59 min. 07.4 sec. E (GN) a distance of 1007.77 feet to a point on the CCCL said Thence S 36 deg. 31 min. 19.0 sec. E (GN) a distance of 494.01 feet to a point on the CCCL said point being N 24 deg. 55 min. 49.3 sec, W (GN) a distance of 370.76 feet from P.R.M.N.G.S. point being S 7 deg. 25 min. 00.0 sec. E (GN) a distance of 912,04 feet from P.R.M.N.G.S. NOAA; RAINEY A; Thence S 6 deg. 01 min. 03.6 sec. E (GN) a distance of 1039.73 feet; Thence S 37 deg. E (GN) to the Mean High Water Line of Johns Pass. Thence S 3 deg. 19 min. 04.0 sec. E (GN) a distance of 1036.74 feet; Recommence at P.R.M.N.G.S. MADERIA thence N 78 deg. 16 min. 00.0 sec. W (GN) a Thence S.1 deg. 01 min. 41.3 sec. E (GN) a distance of 1003.16 feet; distance of 191.86 feet to the point of beginning for that portion of the CCCL from Johns Pass Thence S 0 deg, 15 min. 20.4 sec. E (GN) a distance of 1020.52 feet to a point on the CCCL said south to Blind Pass; point being N 83 deg. 52 min. 18.1 sec. W (GN) a distance of 72.09 feet from P.R.M. Thence S deg. 40 min. 55.4 sec. W (GN) a distance of 168.01 feet; 15-77-B-03; Thence S 12 deg. 08 min. 44.0 see. E (GN) a distance of 1080.54 feet; Thence S 3 deg. 41 min. 06.5 sec. W (GN) a distance of 3789.33 feet to a point on the CCCL said 132 0 B-26 DEPARTMENT OF NATURAL RESOURCES being S 6 deg. 44 min. 42.2 sec. E a distance f 576.83 feet from P_ 1. N.G0 i 1 NOAA-A 2 Thence S 2 deg. 00 min. 58.7 sec. E (N) a distance of 1615.50 fee Thence S 2 deg. W min. 59.7 set. F, (GN) to the Mean High Water Line of Pass-A-Grille Channel. i0u Recommence at P.R.M. N.G.S. DESOTO A thence S 79 deg. 24 min. 48.1 ser. %V (GN) a distance o(661.79 feet to the point of beginning for (ha( portion of theCX:CL from BuncesPass south to Egmont Channel; Thence N 19 deg. 22 min. 01.4 sec. W (GN) a distance of 1088.60 feet; 4d Thence N 23 deg. 04 min. 56.2 sec. W (GN) a distance of 905.49 feet; Thence N 26 deg. 22 min. 04.6 sec. E (GN) a distance of 1098.86 feet; Thence Due East to the Mean fligh Water Line of Bunces Pass; th Thence return along the same courses to said point of beginning; 8741 Thence S 31 deg. 24 min. 29.5 sec. E (ON) a distance of 1017.02 feet; of Thence S 20 deg. 18 min. 05.6 sec. E (ON) a distance of 1291.21 feet; Thence S 6 deg. 18 min. 20.8 sec. E, (GN) a distance of 959.81 fee(; 8d0i Thence S 0 deg. 34 min. 45.8 sec. E (ON) a distance of 1050.25 feet; m4i Thence S I deg. 44 min. 55.1 sec. W (ON) a distance of 1013.78 feet; to Thence S I deg. 16 min. 35.3 sec. E (GN) a distance of 1027.75 feet; 8S Thence S 7 deg. 24 min. 14.6 sec. W (ON) a distance of 993.28 feet; (D Thence S 9 deg. 50 min. 45.0 see. W (GN) a distance of 982.47 feet to a point on the CCCL said point being N 65 deg. 47 min. 15.5 sec. W (GN) a distance of 184.86 feet from P.R.M. N.G.S. 4d DESOTO C; 1fti Thence S 3 deg. 38 min. 26.0 sec. W (ON) a distance of 834.68 feet; 1611-26.12 Deacript;ois of the Dade fed Thence S 53 deg. 17 min. 54.1 sec. E (ON) adistancc of 681.00 feet to a poin(on theCCCL said County CIMURI CAOMVUC4iM COMMA (G point being S 41 deg. 31 min. 57.8 sec. W (ON) a distance of 1894.08 feet from P.R.M. Lisle- del (1) 71wr is hereby established, purimant I I 15-77-B-02; to Section 161.053, Florida Statutes. the Thence S 53 deg. 17 min. 54.1 sec. E (ON) to the Mean High Water Line of Egmont Channel for Dade County Coastal Construction CAwrol a point of terminus. Line. The legal description of said liste is PC attached hereto. 290'. (2) This rule %hall take effect 20 days after riling with the Florida Department of State or on the date that it is dul recorded 11111 dis the public records in the office 41he Clerk of soft the Circuit Court. in and for Dade County fee Florida, together with each (G municipality, whichever is later. the (3) After this rule becomes effectivc, permit to after, excavate or construct an 8fee "y sea T8h is reui d0i _ A- r .Me d ad (CC, METES AND BOUNDS (G DESCRIPTION FOR THE COASTAL deg CONSTRUCTION CONTROL LINE 00W DADE COUNTY, FLORIDA 08W lDewiption of the Coastal Construction an Control Line (CCCL) is established in 6mi compl,iance with Section 161.053 of die led Florida Statutes. Said Control Line I ' along the Atlantic Coast from the Dade a Broward County Line south to the Mean mi Hi h Water Line of Biscayne Bay. feet laid Coastal Construction Control Line is (G related to a series of "Permanent Reference 8Monumente, (P.R.4M.) designated and 4i08m bercinalitr referred to as "87-78-A-0111 sec. '87-78-A-20" for monuments by the 4Vcpanmcni of Natural 8:1W091 Resources, State of Florida or referred to by 45. station name for monuments established by Tli 134 16B-26.12 1984 ANNUAL SUPPLEMENT 16 17 ANNUAL SUPPLEMENT 16B-2612 distance of 785 feet; Thence S 0 deg 48 point being N 67 deg. 20 min. 10.7 sec. E min. 03.3 sec. W (GN) a distance of 1002.14 (GN) a distance of 614.74 feet from P.R.M. feet; Thence S 9 deg. 56 min. 33.5 sec.W 87-70-A-15 (DNR); feet; Thence S 1 deg. 21 min. 09.8 sec. W 87-78-A-08 (DNR); (GN) a distance of 1174.84 feet; Thence S 9 Thence S 24 deg. 32 min 54.7 sec W (GN) a (GN) a distance of 989.45 feet; Thence S 0 Thence S 3 deg. 31 min 25.2 sec. E (GN) a deg. 45 min 05.4 sec W (GN) a distance of distance of 974.16 feet; Thence S 41 deg 41 deg. 09 min. 22.1 sec. W (GN) a distance of distance of 1006.6 feet; Thence S 3 deg. 29 938.90 feet; Thence S 9 deg. 43 mins 58.2 sec min 32.0sec W (GN) a distance of 843.66 983.41 feet to a pont on the CCCL, said min. 36.0 sec. E (GN) a distance of 1133.44 W (GN) a distance of 1017.41 feet; Thence S 9 feet; Thence S 53 deg. 10 min. 15.5sec W point being N 10 deg. 31 min. 17.6 sec. E feet to a point on the CCCL, said point being deg. 41 min 18.5 sec W (GN) a distance of (GN) a distance of 930.24 feet; Thence S 62 (GN) a distance of 517.54 feet from P.R.M. N 77 deg. 13 min. 59.8 sec E (GN) a distance 1083.50 feet to a point on the CCCL, said deg. 45 min 58.1 sec. W (GN) a distance of 87-70-A-05 (DNR); of 789.34 feet from P.R.M. 07-78-A-09 point being S 61 deg. 25 min. 08.3 sec. W 947.08 feet; Thence S 62 deg. 29 min. 19.8 Thence S 0 deg 06 min 23.9 sec. E (GN) a (DNR); (GN) a distance of 441.68 feet from P.R.M. sec. W (GN) a distance of 1019.97 feet; distance of 1001.61 feet; Thence S 0 deg 06 Thence S 3 deg 09min 24.7 sec E (GN) a 87-78-A-13 (DNR) Thence S 54 deg. 59 min. 31.3 sec. W (GN) a min. 23.9 sec. E (GN) a distnace of 526.00 distance of 1113.90 feet; Thence S 2 deg. 19 Thence S 10 deg. 57 min. 25.9 sec W (GN)a distance of 1108.36 feet to a point on the feet; Thence S 7 deg 34 min 23.1 sec W min 09.3 sec E (GN) a distance of 893.92 distance of 1168.23 feet; Thence S 10 deg. 57 CCCL, said point being N 82 deg 56 min. (GN) a distance of 452.01 feet; Thence S 7 feet; Thence S 0 deg. 44 min 28.8 sec. W min. 31.3 sec W (GN) a distance of 1068.93 40.7 sec. W (GN) a distance of 517.71 fees deg. 41 min. 00.6 sec. W (GN) a distance of (GN) a distance of 992.26 feet; Thence S 1 feet; Thence S 80 deg. 00 min 00.0 sec E from P.R.M. 87-78-A-16 (DNR); 1077.50 feet to a point on the CCCL, said deg 23 min 52.4 sec W (GN) a distance of (GN) a distance of 163.00 feet; Thence S 10 Thence S 62 deg 43 min 19.9 sec W (GN) a point being N 7 deg. 49 min 01.0 sec E (GN) 876090 feet; Thence S 10 deg 08 min 22.3 deg 55 min 43.3 sec W (GN) a distance of distance of 1322.46 feet to a point on the a distance of 1345.06 feet from P.R.M. sec. W (GN) a distance of 1033.31 feet; 997.39 feet; Thence S 10 deg 56 min 34.0 CCCL, said point being N 58 deg. 23 min. HARBOUR (NGS); Thence S 0 deg 01 min 51.2 sec E (GN) a sec W (GN) a distance of 1106.35 feet; 27.3 sec W (GN) a distance of 3105.64 feet Thence S 7 deg 41 min 00.6 sec. W (GN) to distance of 2043.30 feet to a point on the Thence S 10 deg 23 min 21.7 sec W (GN) a from P.R.M. 87-78-A-17 (DNR); the Mean High Water Line of the Bakers CCCL, said point being S 38 deg 23 min. distance of 1045.47 feet to a point on the Thence S 41 deg 30 min 00.0 sec E (GN) to Haulover Cut. 51.2 sec E (GN) a distance of 472.55 feet CCCL, said point being N 39 deg. 19 min the Mean High Water Line of Bear Cut Recourance at P.R.M. HARBOUR from P.R.M FIFTY (NGS); 05.7 sec E (GN) a distance of 219.85 feet Recourance at P.R.M. 87-78-A-17 (DNR) (NGS) theme N 40 deg. 40 min 35.7 sec E Theme S 3 deg. 21 min. 02.9 sec E (GN) a from P.R.M DINO RM #1 (NGS); thence S 57 deg. 08 min. 00.7 sec W (GN) a (GN) a distance of 254.97 feet to a point on distance of 961.34 feet; Thence S 6 deg 01 Thence S 10 deg 23 min 21.7 sec W (GN) to distance of 923.73 feet to a point on the the CCCL; min. 12.1 sec W (GN) a distance of 971.88 the Mean High Water Line of U.S. CCCL; Thence N 4 deg. 51 min 00.3 sec W (GN) to feet; Thence S 2 deg. 07 min 15.5 sec W Government Cut. Thence N 41 deg. 15 min 00.0 sec W (GN) the Mean High Water Line of Bakers (GN) a distance of 1151.88 feet; Thence S 5 Recommence at P.R.M. DINO RM #1 is the Mean High Water Line of Bera Cut; Haulover Cut; Thence return along the same deg 04 min 39.1 sec W (GN) a distance of (NGS) thence S 15 deg 36 min 48.8 sec W Thence return along same course so said course to said point on the CCCL; 1151.19 feet; Thence S 5 deg 40 min 06.1 (GN) a distance of 1125.70 feet to a point on point on the CCCL; Thence S 4 deg 51 min 00.3 sec E (GN) a sec W 9(GN) a distance of 1224.10 feet to a the CCCL; Thence N 78 deg 39 min 48.1 sec E (GN) a distance of 1024.56 feet; Thence S 4 deg 40 point on the CCCL, said point being N 85 Thence N 38 deg 07 min 11.6 sec E (GN) to distance of 994.28 feet; Thence S 61 deg 59 min 47.3 sec E (GN) a distance of 1014.06 deg 04 min 54.4 sec E (GN) a distance of the Mean High Water Line of U.S min 04.1 sec E (GN) a distance of 1538.46 feet. Thence S 5 deg. 04 min 23.1 sec E 355.75 feet from P.R.M. 87-78-A-10 Government Cus; feet; Thence S 7 deg 15 min 58.0 sec E (GN) a distance of 972.34 feet; Thence S 4 (DNR); Thence return along the same course to said (GN) a distance of 1117.33 feet; Themor S 9 deg 53 min 26.13 sec E (GN) a distance of Thence S 1 deg 47 min 05.2 sec W (GN) a distance of 1000.16 feet; Thence S 24 deg. 40 deg. 25 min 12.4 sec W (GN) a distance of 1155.01 feet to a point on the CCCL, said distance of 1082.06 feet; Thence S 7 deg. 16 min 30.o sec. W (GN) a distance of 1037.03 929.65 feet; Thence S 16 geg. 20 min 30.4 point being N 39 deg 15 min 05.1 sec W min. 17.5 sec W (GN) a distance of 1097.22 feet; thence S 45 deg. 51 min 37.1 sec W sec W (GN) a distance of 1040.06 feet; (GN) a distance of 391.11 feet from P.R.M. feet; Thence S 9 deg 51 min 51.2 sec W (GN) a distance of 689.60 feet to a point on Thence S 26 deg. 15 min 09.0 sec W (GN) a 87-78-A-06(DNR); (GN) a distance of 1059.08 feet to a point on the CCCL said point being N 19 deg 34 distance of 1042 feet is a point on the Thence S 2 deg 54 min 30.5 sec E (GN) a the CCCL sait point being S 50 deg 00 min nin 08.3 sec E (GN) a distance of 2787.26 CCCL, said point being S 66 deg 24 min distant fo 1014.37 feet; thence S 4 deg 19 32.1 sec. E (GN) 1984 ANNUAL SUPPLEMENT 18 44.0 sev. w (1:n) a distance of 311.17 feet from P.R.M. 87-78-A-19 (1)NR); Thence 50 deg 40 min. 42.2 sec. w (GN) a distance of 970.47 feet; Thence S 1 deg 26 min 38.9 sec. E (GN) a distance of 994.81 feet; Thence s 3 deg. 29 min. 20.6 sec. E )GN) a distance of 986.77 feet; Thence S 10 deg. 18 min. 57.6 sec. E (GN) a distance of 957.82 feet; Thence S 13 deg. 28 min. 24.9 sec. E (GN) a distance of 1018.23 feet; Thence S 6 deg. 23 min 53.9 sec. E (GN) a distance of 954.35 feet to a point on the CCCL, said point being S 72 deg. 15 min. 12.2 sec. W (GN) a distance of 269.58 feet from P.R.M. 87-78-A-20 (DNR); Thence S 7 deg. 13 min. 59.9 sec. E (GN) a distance of 1025.95 feet; Thence S 18 deg. 08 min. 23.8 sec. E (GN) a distance of 1136.40 feet; Thence S 1 deg. 33 min. 30.1 sec. E (GN) a distance of 977.88 feet; Thence S 32 deg. 22 min. 05.1 sec. W (GN) a distance of 1015.9 feet to a point on the CCCL, said point being N 20 deg. 17 min. 07.3 sec. E (GN) a distance of 1062.59 feet from P.R.M. CAPE (NGS); Thence S 32 deg. 22 min. 05.1 sec. W (GN) to the Mean High Water Line of Biscayne Bay and th epoint of terminus. 16B-26.13 Description of the Broward County Coastal Construction Control Line. (1) There is hereby established, pursuant to Section 161.053, Florida Statutes, the Broward County Coastal construction control Line. The Legal description of said line is attached hereto. (2) This rule shall take effect 28 days after filing with the Florida Department of State or on the date that it is duly recorded in the public records in the office of the Clerk of the Circuit Court in and for Broward County, Florida, together with each affected municipality, whichever is later. (3) After this rule becomes effective, a permit to alter, excavate or construct on property seaward of the established control line is required from the Department. Specific Authority 370.021(1) FS. Law Implemented 161.053 FS. History--New 11-17-81. METES AND BOUNDS DESCRIPTION FOR THE COASTAL CONSTRUCTION CONTROL LINE BROWARD COUNTY, FLORIDA Description of the Coastal Construction Control Line (CCCL) is established in compliance with Section 161.053 of the Florida Statutes. Said Control Line lying along the Atlantic coast from the Broward and Palm Beach County Line south to the Broward and Dade County Line. Said Coastal Cosntruction Control Line is related to a series of "Permanent Reference Monuments: (P.R.M.) designated and hereinafter to as "R-1" through "R-128" for monuments established by the Department of Natural Resources, State of Florida or referred to by station name for monuments established by the National Geodetic Survey (NGS). In the case where an original monument or monuments established by the Department of Natural Resources at a later date with a new monument, there will be a "T" instead of an "R" designation. commence at P.R.M. N.G.S. Station cloister, 1929; Thence S 7 deg. 24 min. 47.0 sec. W (GN) a distance of 16352.62 feet to P.R.M. R-1; Thence N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 70.00 feet to a point on the CCCL for the point of beginning; Thence N 4 deg. 43 min. 46.9 sec. E (GN) to the Broward and Palm Beach County Line; Thence return along same course to the point of beginning; Thence S 4 deg. 43 min. 46.9 sec. W (GN) a distance of 951.01 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 110.00 feet from P.R.M. R-2; Thence S 4 deg. 29 min. 44.9 sec. w (GN) a distance of 1016.87n feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 131.00 feet from P.R.M. R-3; Thence S 3 deg. 50 min. 50.0 sec. W (GN) a distance of 1018.64 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00 feet from P.R.M. R-4; Thence S 1 deg. 48 min. 11.4 sec. W (GN) a distance of 899.51 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 159.00 feet from P.R.M. R-3; Thence S 5 deg. 28 min. 24.2 sec. W (GN) a distance of 1044.65 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 96.00 feet from P.R.M. R-6; Thence s 4 deg. 08 min. 38.5 sec. W (GN) a distance of 1063.83 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 110.0 feet from P.R.M. R-7; Thence S 6 deg. 26 min. 55.3 sec. W (GN) a distance of 883.52 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 130.00 feet from P.R.M. R-8; Thence S 8 deg. 14 min. 15.0 sec. W (GN) a distance of 1047.11 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 80.00 feet from P.R.M. R-9; Thence S 4 deg. 47 min. 56.1 sec. W (GN) a distance of 1010.62 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 95.00 feet from P.R.M. R-10; Thence S 3 deg. 28 min. 23.7 sec. W (GN) a distance of 1000.147 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 65.00 feet from P.R.M. R-11; Thence S 4 deg. 22 min. 33.0 sec. W (GN) a distance of 992.59 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00 feet from P.R.M. R-12; Thence S 5 deg. 30 min. 56.2 sec. W (GN) a distance of 1005.70 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00 feet from P.R.M. R-13; Thence S 2 deg. 48 min. 33.9 sec. W (GN) a distance of 1015.65 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 150.00 feet from P.R.M. R-14; Thence S 3 deg. 01 min. 53.1 sec. W (GN) a distance of 973.19 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-15; Thence S 4 deg. 14 min. 15.5 sec. W (GN) a distance of 1013.49 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W. (GN) a distance of 100.00 feet from P.R.M. R-16; Thence S 4 deg. 29 min. 47.9 sec. W (GN) a distance of 980.20 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-17; Thence S 2 deg. 17 min. 37.8 sec. W (GN) a distance of 1006.86 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-18; Thence S 3 deg. 14 min. 48.7 sec. W (GN) a distance of 1015.76 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-19; Thence S 2 deg. 05 min. 01.4 sec. W (GN) a distance of 1012.27 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00 feet from P.R.M. R-20; Thence S 2 deg. 36 min. 13.1 sec. W (GN) a distance of 985.48 feet to a point on the CCCL, said point being N 85 deg. 00 min 00.0 sec. W (GN) a distance of 70.00 feet from P.R.M. T-21; Thence S 2 deg. 46 min. 03.5 sec. W (GN) a distance of 1378.88 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 45.00 feet from P.R.M. T-22; Thence S 3 deg. 22 min. 50.6 sec. W (GN) a distance of 637.68 feet to a point on the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 80.00 feet from P.R.M. R-23 and being N 1 deg. 04 min. 36.4 sec. E (GN) a distance of 561.27 feet from P.R.M. N.G.S. Hillsboro Lighthouse Eccentric, 1934; Thence s 5 deg. 52 min. 23.2 sec. W (GN) a distance of 594.97 feet to a point on the CCCL, said point being N 85 deg. 00 min 00.0 sec. W (GN) a distance of 100.00 feet from P.R.M. R-24; Thence s 70 deg. 00 min. 00.0 sec. W (GN) to the Mean High WAter Line of Hillsboro Inlet. Recommence at P.R.M> T-26, said P.R.M. T-26 being $41 deg. 25 min. 29.1 sec. W (GN) a distance of 1506.83 feet from P.R.M. R-24; Thence N 70 deg. 00 min. 00.0 sec. W (GN) a distance of 290.00 to a point on the CCCL; Thence N 32 deg. 54 min. 53.1 sec. E. (GN) to the Mean High Water Line of Hillsboro Inlet; Thence return along the same course to said point on the CCCL; Thence S 12 deg. 03 min. 53.7 sec. W (GN) a distance of 1022.33 feet to a point on the CCCL, said point being N 70 deg. 00 m,in. 00.0 sec. W (GN) a distance of 232.00 feet from P.R.M. R-27; Thence s 5 deg. 29 min. 59.8 sec. W (GN) a distance of 1104.69 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 90.00 feet from P.R.M. R-28; 16B-26.13 1984 ANNUAL SUPPLEMENT 20 21 1984 ANNUAL SUPPLEMENT 16B-26.13 Thence S 12 deg. 51 min. 11.3 sec W he CCCL, said point being N 80 deg. 00 min. 00.0 sec W (GN) a distance of the CCL, said point being N 75 deg (GN)a distance of 841.01 feet to a point 00 min. 00.0 sec W(GN)a distanc of 180.00 feet from P.R.M. R-50; 00min. 00.0sec. W(GN) a distanc of on the CCCL, said point being N 75 129.00 feet from P.R.M. R-39; Thence S 4 deg. 53 min. 48.8 sec W (GN) 20.00 feet from P.R.M. R-62 deg. 00 min. sec. W (GN) a Thence S B deg.59 min.40.1 sec W(GN) a didstance of 872.12 feet to a point on Thence S B deg.19 min.21.8 sec.W(GN) distance of 101.00 feet from P.R.M. a distance of 1050.51 feet to a point on the CCCL, said point being N 85 deg. a distance of 786.93 feet to a point on R-29. the CCCL, said point being N 80 deg 00 min. 00.0 sec. W(GN)a distance of the CCCL, sait point being N 80 deg. Thence S 13 deg. 12 min. 16.0 sec. W 00 min. 00.0 sec W(GN) a distance of 197.00 feet from P.R.M R-51 00 min. 00.0 sec W (GN) a distance of (GN) a distance of 1016.54 feet to a 75.00 feet from P.R.M. R-40 Thence S 5 deg. 20 min 59.8 sec W(GN) 119.00 feet from P.R.M. T-63; point on the CCCL, said point being N Thence S 8 deg. 41min. 43.7 sec W (GN) a distance of 1071.89 feet to a point on Thence S 8 deg. 32 min. 47.6 sec. W (GN) 75 deg. 00 min. 00.0 sec W (GN) a a distance of 890.21 feet to a point on the CCCL, said point being N 85 deg. a distance of 1221.54 feet to a point on distance of 104.00 feet from P.R.M. the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of the CCCL, said point being N 80 deg. R-30; 00 min. 00.0 sec. W(GN) a distance of Thence S 5 deg. 14 min 49.2 sec. W(GN) 150.00 feet from P.R.M. R-64; Thence S 13 deg. 32 min. 54.1 sec W 107.00 feet from P.R.M. R-41 a distance of 861.48 feet to a point on Thence S 13 Deg. 25 Min. 04.6 sec. W (GN)a distance of 969.71 feet to a point Thence S 8 deg. 25 min. 56.3 sec. W(GN) the CCCL, said point being N 85 deg. (GN)a distance of 953.79feet to a point on the CCCL, said point being N 75 a distance of 1015.81feet to a point on 00min. 00.0sec. W(GN) a distance of on the CCCL, said boint being N 80 deg. 00min. 00.0sec W(GN) a the CCCL, said point being N 90 deg 138.00 feet from P.R.M. R-53; deg. 00min. 00.0sec W(GN) a distance of 94.00 feet from P.R.M. 00 min. 00.0 sec W(GN)a distance of Thence S 5 Deg 08min. 30.9sec W(GN) distance of 162.00 feet from P.R.M. R-31; 105.00 feet from P.R.M. T-42; a distance of 1071.01 feet to a point on T-65; Thence S 11 deg. 55 min 12.8 sec W Thence S 10 deg. 42 min. 14.4 sec. W the CCCL, said point being N 75 deg. Thence S 3 deg. 08 min. 34.2 sec. W(GN) (GN) a distance of 1221.25 feet to a (GN) a distance of 1022.33feet to a 00 min. 00.0sec W(GN) a distance of a distance of 996.16 feet to a point on point on the CCCL, said point being N point on the CCCL said point being N 142.00 feet from P.R.M. R-54; the CCCL, said point being N 80 deg. 80 deg. 00min. 00.0sec. W(GN) a 85 deg. 00min. 00.0sec W (GN)a Thence S 7 deg. 48 min. 31.0 sec. W(GN) 00 min. 00.0sec. W(GN) a distance of distance of 18.00 feet from P.R.M. distance of 93.00 feet from P.R.M. a distance of 1022.55 feet to a point on 87.00 feet from P.R.M. R-66; R-32; R-43; the CCCL, said point being N 80 deg. Thence S 9 deg. 34 min. 05.7sec. W(GN) Thence S 9 deg. 47min. 05.8sec W(GN) Thence S 10 deg. 53min. 00.9sec. W 00 min. 00.0sec. W(GN)a distance of a distance of 991.43 feet to a point on a distance of 784.89 feet to a point on (GN) a distance of 826.07feet to a point 140.00 feet from P.R.M. R-55 the CCCL, said point being N 80 deg. the CCCL, said point being N 80 deg. on the CCCL, said point being N 85 Thence S 9 deg. 33min. 44.8 sec. W(GN) 00 min 00.0sec W(GN) a distance of 00min 00.0sec W(GN)a distance of deg. 00min 00.0sec. W(GN) a a distance of 958.26 feet to a point on 167.00 feet from P.R.M. R-67; 25.00 feet from P.R.M. T-33; distance of 95.00 feet from P.R.M. the CCCL, said point being N90 deg. Thence S 9 deg. 14min. 26.3sec W(GN) Thence S 8 deg. 53 min. 20.5sec. W(GN) R-44; 00min. 00.0sec. W(GN) a distance of a distance of 1083.37 feet to a point on a distance of 1048.28 feet to a point on Thence S10 deg. 49 01.2secW 122.00 feet from P.R.M R-56; the CCCL, said point being N 80 deg the CCCL, said point being N 80 deg. (GN) a distance of 1174.75 feet to a Thence S 7 deg. 17 min. 02.7sec.W(GN) 00 min. 00.0sec W(GN) a distance of 00min. 00.0sec. W(GN) a distance of point on the CCCL, said point being N a distance of 989.83 feet to a point on 88.00 feet from P.R.M. T-68; 22.00 feet from P.R.M. R-34; 85 deg. 00min. 00.0sec W(GN) a the CCCL, said point being N 90 deg. Thence S 5 deg. 12 min. 40.8 sec. W(GN) Thence S 8 deg. 56min. 48.8 sec. W(GN) distance of 75.00 feet from P.R.M. 00min. 00.0sec. W(GN) a distance of a distance of 982.41 feet to a point on a distance of 1008.10 feet to a point on R-45; 122.00 feet from P.R.M. R-57; the CCCL, said point being N 80 deg. the CCCL, said point being N 80 deg. Thence S 7 deg. 04min. 24.2 sec. W (GN) Thence S 5 deg. 31 min. 20.7sec. W (GN) 00 min. 00.0 sec W(GN) a distance of 00min. 00.0sec W(GN) a distance of a distance of 903.45 feet to a point on a distance of 1127.31 feet to a point on 90.00 feet from P.R.M. T-69; 100.00 feet from P.R.M. R-35 and the CCCL, said point being N 85 deg. the CCCL, said point being N 85 deg. Thence S 5 deg. 00min 10.9sec W (GN) being N 62 deg. 18 min. 38.1 sec. W 00 min. 00.0sec W (GN) a distance of 00min. 00.0sec. W (GN) a distance of a distance of 905.12 feet to a point on (GN) a distance of 86.55 feet frp, 161.00 feet from P.R.M. R-46; 130.00 feet from P.R.M. R-58; the CCCL, said point being N 80 deg. P.R.M.N.G.S. Pompano, 1928; Thence S 9 deg 00min. 05.0sec W (GN) Thence S 5 deg. 48min. 29.8 sec W (GN) 00min 00.0sec. W (GN) a distance of Thence S 2 deg. 39min 38.9sec W (GN) a distance of 677.55 feet to a point on a distance of 876.27 feet to a point on 120.00 feet from P.R.M. R-70; a distance of 1154.36 feet to a point on the CCCL, said point being N 90 deg. the CCCL, said point being N 80 deg. Thence S 2 deg. 56min. 45.8 sec. W (GN) the CCCL, said point being N 85 deg. 00min. 00.0sec W (GN) a distance of 00min 00.0sec W (GN) a distance of a distance of 1147.02 feet to a point on 00min 00.0sec. W (GN) a distance of 100.00 feet from P.R.M R-47; 145.00 feet from P.R.M. R-59; the CCCL, said point being N 80 deg. 101.00 feet from P.R.M. R-36; Thence S 6 deg. 48 min. 43.2sec. W (GN) Thence S 8 deg. 01min. 49.3 sec. W (GN) 00min 00.0sec. W (GN) a distance of Thence S 3 deg. 01min. 19.8sec. W (GN) a distance of 1269.62 feet to a point on a distance of 984.00 feet to a point on 106.00 feet from P.R.M. R-71; a distance of 889.63 feet to a point on the CCCL, said point being N 85 deg. the CCCL, said point being N 75 deg. Thence S 2 deg. 34 min 11.7sec W (GN) the CCCL, said point being N 85 deg. 00min. 00.0sec W (GN) a distance of 00min. 00.0sec. W (GN) a distance of a distance of 914.17 feet to a point on 00min. 00.0sec. W (GN) a distance of 100.00 feet from P.R.M. R-48; 161.00 feet from P.R.M. R-60 the CCCL, said point being N 85 deg. 97.00 feet from P.R.M. R-37; Thence S 6 deg. 23min. 28.8sec. W (GN) Thence S 8 deg. 05mon. 52.3sec. W (GN) 00 min 00.0sec W (GN) a distance of Thence S 0 deg. 48 min. 54.4 sec. W (GN) a distance of 1143.98 feet to a point on a distance of 1020.01 feet to a point on 152.00 feet from P.R.M R-72; a distance of 941.06 feet to a point on the CCCL, said point being N 90 deg. the CCCL, said point being N 85 deg. Thence S 1 deg. 14 min. 53.0sec. W (GN) the CCCL, said point being N 85 deg. 00min. 00.0sec W (GN) a distance of 00min. 00.0sec.W (GN) a distance of a distance fo 1149.02 feet to a point on 00min. 00.0sec. W (GN) a dsitsance of 128.00 feet from P.R.M. R-49; 115.00 feet from P.R.M. R-61; the CCCL, said poing being N 85 deg. 110.00 feet from P.R.M. R-38; Thence S 3 deg. 45 min. 42.5sec.W (GN) Thence S 8 deg. 16min. 52.6sec. W (GN) 00 min 00.0 sec W (GN) a distance of Thence S 4 deg. 18 min 24.0 sec W (GN) a distance of 1113.03 feet to a point on a distance of 1036.17 feet to a point on 145.00 feet from P.R.M. R-73; a distance of 943.91 feet to a point on the CCCL, said point being N 85 deg. 16B-26 1984 ANNUAL SUPPLEMENT Thence S 2deg. 02 min. 45.9 see. W (GN) 48.1 sec. W(GN) a distance of 1954.55 1984 ANNUAL SUPPLEMENT a distance of 878.39 feet to a point on feet from P.R.M. R-84 and being S 5 Thence S 4 deg. 51 min. 27.5 sec. W (GN) distance of 1036.69 feet to a point on the the CCCL, said point being N 80 deg. deg. 25 min. 52.0 sec. W (GN) a distance of 953.13 feet to a point on CCCL, said point being N 80 deg. 00 00 min. 00.0 sec. IN (GN) a distance of distance of 164.00 feet from P.R.M. the CCCL, said point being N 80 deg. min. 00.0 sec. W (GN) a distnace of 106.00 fees from P.R.M. R-74. N.G.S. U. S. N. North Range; Thence 00 min. 00.0 sec. W (GN) a distance of 95 feet from P.R.M. R-108; Thence S 7 deg. 34 min. 05.6 sec. W (GN) N 85 deg. 00 min. 00.0 sec. W (GN) a 90.00 feet from P.R.M. T-97; Thence S 3 deg. 26 min. 22.5 sec. w (GN) a distance of 1106.30 feet to a point on distance of 402.00 feet to a point on the Thence S O deg. 22 min. 16.7 sec. E (GN)a a distance of 1040.87 feet to a point on the CCCL, said point being N 80 deg. CCCL; distance of 1074.04 feet to a point an the the CCCL, said point being N 80 deg. 00 min. 00.0 sec W (GN) a distance of Thence N 13 deg. 46 min. 36.3 sec. E CCCL, feet point being N 80 deg. 00 00 min. 00.0 sec. W (GN) a distance of 136.O0 feet from P.R.M. R-75. (GN) to the Mean high Water Line of min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.M. R-109; Thence S 6 deg. 07 min. 26.5 sec. W(GN) Port Everglades; thence return along 108.00 feet from P.R.M. T-98; Thence S 3 deg. 27 min. 48.7 sec. W (GN) a distance of 970.51 feet to a point on the same course to said point on the Thence S 3 deg. 51 min. 07.3 sec. W(GN) a distance of 1068.63 feet to a point on the CCCL, said point being N 80 deg. CCCL; a distance of 931.75 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of Thence S 13 deg. 46 min. 36.3 sec W (GN) the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 168.00 feet from P.R.M. R-76; 00 min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.M. R-110: a distance or 928.92 feet to a point on Thence S 2 deg. 37 min. 58.3 sec. W (GN) the CCCL, said point being N 75 deg. 218.00 feet from P.R.M. R-99; Thence S 2 deg 47 min. 57.4 sec. W (GN) a distance of 1183.22 feet to a point on 00 min. 00.0 sec. W (GN) ;distance of Thence S 6 deg. 19 min. 32.2 sec. W(GN) a distance of 995.00 feet to a point on the CCCL, said point being N 60 deg. 249.00 feet from P.RM. T-87; a distance of 990.27 fees to a point on the CCL, said point being N 80 deg 00 min. 00.0 sec. W (GN) a distance of Thence S 2 deg. 58 min. 12.9 sec. W (GN) the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 165.00 feet from P.R.M. R-77; a distance of 1007.33 feet to a point on 00 min. 00.0 sec. W (GN) a distance of 93.00 feet from P.R.N. T-111; Thence S I deg 44min. 06.4sec.W(GN) the CCCL, said point being P.R.M. 255.00 feet from P.R.M. R-100; Thence S 2 deg. 39 min. 15.6 sec. W (GN) a distance of 1026.88 feet to a point on T-88; Thence S 4 deg. 33 min. 00.8 sec. W (GN) a distance of 1028.85 feet to a point on the CCCL, said point being N 80 deg. Thence S I deg. 48 min. 21.9 sec. E (GN) a a distance of 1149.05 feet to a point on the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance a distance of 1043.06 feet to a point on the the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 129.00 feet from.P.R.M. R-78; CCCL, said point being P.R.M. T-89; 00 min. 00.0 sec. W (GN) a distance of 91.00 feet from P.R.M. T-112; Thence S 3 deg. 18 min. 00.9 sec. W (GN) Theme S I deg. 43 min. 06.7 sec. W (GN) 235.00 feet from P.R.M. T-101 and Thence S 3 deg. 18 min. 26.3 sec. W (GN) a distance of 1073.83 feet to a point on a distance of 977.08 feet to a point on being S 13 deg. 21 min. 20.5 sec. W a distance of 927.11 feet to a point on the CCCL, said point being P.R.M. the CCCL, said point being P.R.M. (GN) a distance of 485.65 feet from the CCCL, said point being N 80 deg. R-79; T-90; P.R.M. N.G.S. Dania 2,1934; 00 min. 00.0 sec. W (GN) a distance of Thence S 4 deg. 24 min. 44.2 sec. W (GN) Thence S I deg. 31 min. 08. 1 sec. W (GN) Thence S 6 deg. 00 min. 35.4 sec. W (GN) 122.00 feet from P.R.M. R-113 a distance of 1095.20 feet to a point on a distance of 10 17.93 feet to a point on a distance of 1008.88 feet to a point on Thence S 3 deg. 29 min. 20.7 sec. W (GN) the CCCL, said point being N 85 deg. the CCCL, said point being N 85 deg. the CCCL, said point being N 80 deg. a distance of 1057.77 feet to a point on OD min. OD.0 sec W (GN) a distance of 00 min 00.0 sec. Irv (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of the CCCL, said pointing being N 85 deg. 129.00 feet from P.R.M. R-90; 53.00 feet from P.R.M. T-91; 182.00 feet from P.R.M. T-102; 00 min. 00.0 sec. W (GN) a distance of Thence S 4 deg. 08 min. 40.4 sec. W (GN) Theme S 5 deg. 38 min. 50.5 sec W (GN) Thence S 6 deg. 22 min. 10.9 sec. W (GN) 51.00 feeet from P.R.M. T-115; a distance of 1096.23 feet to a point on a distance or 1034.03 feet to a point on a distance of 1023.55 feet to a point on Thence S 2 deg. 54 min. 14.8 sec. W (GN) the CCCL, said point being N 80 deg. a distance of 1081.97 feet to a point on the CCCL, said point being N 85 deg. the CCCL, id point being N 85 deg. the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 118.00 feet from P.R.M. R-81; 118.00 feet from P.R.M. R-92; 165.00 feet from P.R.M. R-103; 52 feet from P.R.M. T-118; Thence S 4 deg. 47 min. 42.8 sec. W (GN) Thence S 5 deg. 28 min. 17.4 sec. W (GN) Thence S 2 deg. 41 min. 20.1 sec. W (GN) Thence S 2 deg. 43 min. 03.0 sec. W (GN) a distance of 1056.98 feet to a point on a distance of 1041.51 feet to a point on a distance of 1033.29 feet to a point on a distance of 1000.67 feet to a point on the CCCL, said point being N 90 deg. the CCCL, said point being N 65 deg. the CCCL, said point being N 80 deg. the CCCL, said point being N 85 deg. 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 165.00 feet from P.R.M. R-82; 105.00 feet from P.R.M. R-93; 118.00 feet from P.R.M. R-104; 130.00 feet from P.R.M. R-119; Thence S 4 deg. 24 min. 21.2 sec. W (GN) Thence S 7 deg. 38 min. 42.2 sec. W (GN) Thence S 3 deg. 55 min. 34.2 sec. W (GN) a distance of 1022.16 feet to a point on a distance of 968.47 feet to a point on a distance of 992.13 feet to a point on the CCCL, said point being N 90 deg. the CCCL, said point being N 85 deg. the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance or 00 min. 00.0 sec. W (GN) a distance of 133.00 feet from P.R.M. R-93; 153.00 feet from P.R.M. R-94; 102.00 feet from P.R.M. R-105; Thence S 0 deg. 36 min. 18.3 sec. W (GN) Thence S 3 deg. 00 min. S3.8 sec. W (GN) Thence S 4 deg. 10 min. 57.7 sec. W (GN) a distance of 689.83 feet to a point an a distance of 953.63 feet to a point on a distance of 988.16 feet to a point on the CCCL, said point being N 90 deg. the CCCL. said point being N 85 d the CCCL, said point being N 80 deg. 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 203.00 feet from P.R.M. R-84; 116-00 feet from P.R.M. R-95; 143.00 feet from P.R.M. R-106; Thence S 6 deg. 45 min. 00.0 sec. W (GN) Thence S 4 deg. 03 min. 21.7 sec. W (GN) Thence S 4 deg. 02 min. 04.8 sec. W(GN) a distance to the Mean High Water a distance of 986.95 feet to a point on a distance of 968.48 feet to a point on Line of Port Everglades. the CCCL, said point being N 85 deg the CCCL, said point being deg. Recommence at P.R.M. R-86, said 00 min. 00.0 sec. W (GN) a distance of 00 min. 00.0 sec. W (GN) a distance of 160.00 feet from P.R.M. R-96; 131.00 feet from P.R.M. R-107; P.R.M. R-86 being S 23 deg. 33 min. Thence S O deg. 09min. 21.9 sec. E (GN) a 16B-26.14 1984 ANNUAL SUPPLEMENT 24 25 1984 ANNUAL SUPPLEMENT 16B-26.14 Thence S 3 deg. 13 min. 28.6 sec. W (GN) line is attached hereto. a distance of 1103.21 feet to a point an (2) This rule shall take effect 20 days Thence S 33 deg. 12 min. 30 sec. E a Thence N 73 deg. 51 min. 31 sec a distance the CCCL, said point being N 90 deg. after riling with the Florida Department of distance of 910.37 feet to a point; said point of 964.75 feet to a point; Thence N 74 deg. 24 State or on the date that it is duly recorded in min. 15 sec. E a distance of 987.24 feet to a being S 58 deg. 48 min. 36 sec. E a distance of point; said point being N 52 deg. 35 min. 35 1 18.00 fees from P. R. M. R- 120; the public records in the office of the Clerk of 204.716 feet from P. R. M. 49-80-AO2. sec. W a distnace of 283.208 feet from P. R. Thence S 3 deg. 10 min. 02.0 sec. W (GN) the Circuit Court, in and for Franklin Thence S 44 deg. 08 min. 15 sec. E a M. 49-80-A10. a distance of 1098.69 feet to a point on County, Florida, together with each affected distance of 1012-98 feet to a point; Thence S the CCCL. said point being N 65 deg. municipality, whichever is later. 59 deg. 58 min. 48 sec. E a distance of 925.84 Thence N 73 deg. 27 min. 29 sec. E a 00 min. 00.0 sec. W (GN) a distance of (3) After this rule becomes effective, a feet to a point; Thence S 61 deg. 26 min. 40 distance of 1040.30 feet to a point; Thence N 145.00 feet from P.R.M. R-121; permit to alter, excavate or construct on sec. E distance of 1087.15 feet to a point; 73 deg. 27 min 52 sec. E a distance of Thence S 3 deg. 34 min. 05.1 sec. W (GN) property seaward or the established control said point being N 05 deg. 04 min. 09 sec. E a 1012.75 feet to a point; Thence N 73 deg. 27 a distance of 1002.40 feet to a point on line is required from the Department of distance of 1 1.461 feet from P. R. M. min. 54 sec. E a distance of 1043.41 feet to a the CCCL, said point being N 86 deg. Natural Resources. 49-80-A03. point; said point being N 80 deg. 41 min. 15 00 min. 00.0 sec. W (GN) a distance of Specific Authority 370.021(1) FS. Law Thence S 61 deg. 08 min. 20 sec. E a sec. W a distance of 377.450 feet from P.R. 14S.00 feet from P.R.M. R-122; Implemented 161.03) FS. History--New distance of 952.31 feet to a point; Thence S 55 M. 49-80-A11. Thence S 4 deg. 28 min. 55.5 sec. W (GN) 4-30-84. deg. 55 min. 38 sec. E a distance of 1065.66 Thence N 69 deg. 33 min. 27 sec. E a a distance of 1019.13 feet to a point on METES AND BOUNDS feet to : point; Thence S 57 deg. 08 min. 50 distance of 1001.60 feet to a point; Thence N the CCCL, said point being N 86 deg. DESCRIPTION FOR THE COASTAL sec. E distance of 1037.34 feet to a point; 68 deg. 41 min. 19 sec. E a distance of 00 min. 00.0 sm. W (GN) a distance of CONSTRUCTION CONTROL LINE Thence S 53 deg. 17 min. 57 sec. E a distance 1025.00 feet to a point; Thence N 72 deg. 27 145.01 feet from P.R.M. R-123; FRANKLIN COUNTY, FLORIDA of 934.80 feet to a point; Thence S S2 deg. 27 min. 02 sec. E a distance of 1024.12 feet to a Thence S 9 deg. 00 min. 48.2 sec. W (GN) Description of the coastal construction min. 15 sec. E a distance of 1039.09 feet to a point; said point being N 42 deg. 55 min. 28 sec. W a distance of 242.494 feet from P. R. a distance of 11 19.57 feet to a point on control line is established in compliance with point; said point being N 45 deg. 14 min. 22 M. 49-80-A12. the CCCL. said point being N 90 deg. Section 161.053, Florida Statutes, said sec. W a distance of 94.267 feet from P. R. M. Thence N 72 deg. 27 min. 19 sec. E a 00 min. 00.0 sec. W (GN) a distance of control line lying alonq the Gulf or Mexico 49-80-AO4. distance of 998.59 feet to a point; Thence N 100.00 feet from P.R.M. R-124 and coast from the mean high water line of the Them S 51 deg. 29 min. 58 sec. E a 73 deg. 11 min. 57 sec. E a distance of 998.81 being S 7 deg. 22min. 52.0 sec. W(GN) southeasterly bank of West Pass, easterly to distance of 1084.66 feet to a point; Thence S feet to a point; Thence N 71 deg. 27 min. 12 the mean high water line of the southerly bank of Ochlockonee Bay. sec. E a distance of 1063.34 feet to a point; a distance of 232.84 feet from P.R.M. Said coastal construction control line is 48 deg. 34 min. 17 sec. E a distance of 982.77 said point being N 36 deg. 57 min. 11 sec. W a N.G.S. Halland, 1928; related, to a series of "Permanent Reference feet to a point; Thence S 50 deg. 12 min. 15 distance of 215.613 feet from P. R. M. Thence S 5 deg. 36 min. 32.2 sec. W (GN) Monuments" (P. R. M.) designated and sec. E a distance of 964.70 feet to a point; said 49-80-A13. a distance of 1075.78 feet to a point on hereinafter referred to as "49-80-A01 Thence N 72 deg. 26. min. 08 sec. E a through 49-80-A17", "49-80-B01 through distance of 992.97 feet to a point; Thence N the CCCL, said point being N 85 deg. 49-80-B34", "49-80-C01 through point being N 47 deg. 51 min. 46 sec. E a 70 deg. 29 min. 33 sec. E a distance of 982.29 00 min. 00.0 sec. W (GN) a distance of 49-80-C16" and "49-80-DO1 through distance of 117.926 feet from P. R. M. feet to a point; Thence N 70 deg. 49 min. 05 23.00 feet from P.R.M. R-125; 49-80-D21" for monuments established by 49-80-A05. sec. E a distance of 1071.50 feet to a point; Thence S I deg. 17 min. 00.9 see. E (GN) a the Department of Natural Resources, State Thence s 45 deg. 15 min. 21 sec. E a Thence N 77 deg. 06 min. 24 sec. E a distance distance of 1001.83 feet to a point an the of Florida, or referenced to by station name distance of 1105.32 feet to a point; Thence S of 849.14 feet to a point; said point being N CCCL, said point being N 85 deg. 00 for monuments established by the National 41 deg. 29 min. 24 sec. E a distance of 990.46 10 deg. 13 min. 02 sec. W a distance of min. 00.0 sec. W (GN) a distance Of Geodetic Survey (N. G. S.) or by the U. S. feet to a point; Thence S 42 deg. 56 min. 07 301.811 feet from P. R. M. 49-80-A14. 132.00 feet from P.R.M. T-126, Corps of Engineers (U. S. C. E.). sec. E a distance of 1013.81 feet to a point; Thence N 69 deg. 17 min. 54 sec. E a Thence S 2 deg. 21 min. 22.9 sec. W (GN) of 975.59 feet to a point; said point being N distance of 1149.69 feet to a point; Thence N 70 deg. 10 min. 47 sec. E a distance of 957.63 a distance of 1O26.46 feet to a point on 17 deg. 00 min. 17 sec. W a distance of feet to a point; Thence N 70 deg. 59 min. 43 the CCCL, said point being N 90 deg. 585.175 feet from P. R. M. 49-80-A06. sec. E a distance of 973.19 feet to a point; said 00 min. 00.0 sec. W (GN) a distance of Thence S 42 deg. 44 min. 12 sec. E a point being N 24 deg. 04 min. 41 sec. W a 94.00 feet from P.R.M. R-127; METES AND BOUNDS distance of 1008.69 feet to a point; said point distance of 142.355 feet from P. R. M. Thence S 3 deg. 10 min. 54.4 sec. W (GN) DESCRIPTION OF THE COASTAL being S 01 deg. 08 min. 46 sec. E a distance of 49-80-A15. a distance of 923.85 feet to a point on CONSTRUCTION CONTROL LINE 435.873 feet from P. R. M. 49-90-AO7. Thence N 70 deg. 42 min. 34 sec. E a the CCCL, said point being N 85 deg. FOR SAINT GEORGE ISLAND, Thence S 42 deg. 40 min. 54 sec. E a distance of 1096.24 feet to a point: Thence N 00 min. 00.0 sec. W (GN) a distance of FRANKLIN COUNTY, FLORIDA distance of 1025.86 feet to a point; said point 68 deg. 40 min. 00 sec. E a distance of 114.O0 feet from P.R.M. R-128; Commence at P. R. m. 49-80-A01 thence being N 85 deg. 06 min. 15 sec. W a distance 1008.98 feet to a point; Thence N 69 deg. 00 Thence S 3 deg. 10 min. 4.4 sec. W (GN) S 22 deg. 55 min. 04 sec. E (all bearings in of 301.596 feet from P. R. M. 49-80-A08. min. 58 sec. E a distance of 1009.50 feet to a to the Broward and Dade County line this description are grid) a distance of Thcnce S 42 deg. 58 min. 20 sec. E a point; Thence N76 deg. 09 min. 16 sec. E a for the point of terminus. 211.502 feet to the point of beginning; distance of 1145.90 feet to a point; said point distance of 1008.42 feet to a point; Thence N Thence N 33 deg, 12 min. 30 sec. to the being N 54 deg. 30 min. 10 sec. W a distance 69 deg. 19 min. 14 sec. E a distance of 16B-26.14 Description of the Franklin point of intersection with the mean high of 111.314 feet from P. R. M. 12 sec. E a 1021.63 feet to a point; said point being N 34 County Coastal Construction Control water line of the southeasterly bank of West distance of 1063.34 feet to a point; said point deg. 37 min. 57 sec. E a distance of 503.012 Line. Pass, said point being the northwesterly 49-80-AO9. feet from P. R. M. 49-80-A16. (1) There is hereby established, pursuant terminus of the coastal construction control Thence S 29 deg. 29 min. 52 sec. E a Thence N 68 deg. 51 min. 57 sec. E a to Section 161.053, Florida Statutes, the line for Saint George Island; Thence return distance of 682.32 feet to a point; Thence S 56 Franklin County Coastal Construction along the same course to the point of deg. 21 min. 16 sec. E a distance of 4 58.39 feet to a point; Thence N 76 deg. S6 min. 40 Control Line. The legal description of said beginning. sec. E a distance of 978.57 feet to a point; distance of 1021.34 feet to a point; Thence N 16B-26.14 1984 ANNUAL SUPPLEMENT 28 deg. 34 min. 09 sec. W a distance of 495.339 this descripsion are grid) a distance of 29 1984 ANNUAL SUPPLEMENT feet from P.R.M. 49-80-B28. 228.119 feet to the point of bginning; distance of 963.17 feet to a point; Thence N Thence N 10 deg. 19 min. 00 sec. W a Thence N 46 deg. 22 min. 05 sec. E a Thence N 32 deg. 11 min. 31 sec. E to the 64 deg. 01 min. 08 sec. E a distance of distance of 751.30 feet to a point; Thence N distance of 998.81 feet to a point; Thence N point of intersection with the mean high 1096.45 feet to a point; said point being s 80 10 deg. 15 min. 01 sec. W to the point of 46 deg. 28 min. 06 sec. E a distance of water line of the southeasterly bank of East deg. 04 min. 57 sec. W a distance of 455.520 intersection with the mean high water line of 1037.55 feet to a point; said point being N 55 Pass, said point being the northwesterly feet from P. R. M. 49-80-C08. the south bank of Saint George Sound, said deg. 30 min. 57 sec. W a distance of 349.368 terminus of the coastal construction control Thence N 62 deg. 31 min. 02 sec. E a point being the northeasterly terminus of the feet from P. R. M. 49-80-B29. line for Dog Island; Thence return along the distance of 966.56 feet to a point; Thence N coastal construction control line for Dog Thence N 42 deg. 50 min. 53 sec. E a same course to the point of beginning. 62 deg. 16min. 43 sec. E a distance of 944.81 Island. distance of 1007.58 feet to a point; Thence N Thence S 00 deg. 09 min. 34 sec. W a feet to a point; said point being S 71 deg. 45 METES AND BOUNDS 41 deg. 58 min. 41 sec. E a distance of 997.87 distance of 493.36 feet to a point; Thence s 31 min. 42 sec. W a distance of 398-607 feel from DESCRIPTION OF THE COASTAL feet to a point; Thence N 41 deg. 56 min. 31 deg. 10 min. 25 sec. E a distance or 652.52 P.R.M. 49-80-CO9. see. E a distance of 1014.97 feet to a point; feet to a point; Thence S 62 deg. 03 min. 08 Thence N 64 deg. 17 min. 00 sec. E a CONSTRUCTIN CONTROL LINE said point being N 30 deg. 11 min. 08 sec. Wa sec. E a distance of 1022.50 feet to a point; distance of 973.68 feet to a point; Thence N distance of 318.187 feet from P. R. M. Thence S 74 deg. 16 min. 49 sec. E a distance 66 deg. 48 min. 38 sec. E a distance of FOR ALLIGATOR POINT, 49-80-B30. of 475.84 feet to a point; said point being S 76 1034.31 feet to a point; said point being N 88 FRANKLIN COUNTY, FLORIDA deg. 12 min. 22 sec. E a distance of 612.215 Thence N 42 deg. 20 min. 48 sec. E a deg. 45 min. 55 sec. W a distance of 216. Commence at P.R.M. 49-80-D01 thence N 61 deg. 11 min. 24 sec. W (all bearing in distance of 1069.03 feet to a point; Thence N feet from P.R.M. 49-80-CO2. feet from P. R. M. 49-80-C10. this decription are grid) a distance of 42 deg. 18 min. 06 sec. E a distance of Thence N 84 deg, 20 min. 41 sec. E a Thence N 68 deg. 34 min. 29 sec. E a 321.812 feet to point of beginning; distance of 983.51 feet to a point; Thcence N 1033.07 feet to a point; said point being N 11 distance of 1181.39 feet to a point; Thence N Thence N 49 deg. 05 min. 26 sec. W a deg. 42 min. 23 sec. E a distance of 445.460 80 deg. 04 min. 04 sec. E a distance of 924.03 68 deg. 47 min. 51 sec. E a distance of 997.35 distances of 940.01 feet to a point; Thence N feet from P. R. M. 49-80-B31. feet to a point; Thence N 81 deg. 48 min. 01 feet to a point; said point being S 36 deg. 63 deg. 14 min. 41 sec. W a distance of Thence N 37 deg. 46 min. 41 sec. E a sec. E a distance of 977.17 feet to a point; min. 42 sec. E a distance of 262.550 feet from 1248.46 feet to a point. distance of 987.10 feet to a point; Thence N Thence N 76 deg. 44 min. 14 sec. E a distance P. R. M. 49-80-C11. Thence N 80 deg. 27 min. 52 sec. W a 38 deg. 57 min. 59 sec. E a distance of of 980.15 feet to a point; said point being N Thence N 62 deg. 26 min. 22 sec. E a distance of 1349.73 feet to a point; Thence N 1060.33 feet to a point; Thence n 45 deg. 21 60 deg. 24 min. 05 sec. E a distance of distance of 964.74 feet to a point; Thence N 43 deg. 50 min. 58 sec. W to the point of min. 28 sec. E a distance of 1010.92 feet to a 162.611 feet from P.R.M. 49-80-C03. intersection with the mean high water line of 62 deg. 29 min. 48 sec. E a distance of 950.91 the south bank of Alligator Harbor,said Thence N 75 deg. 08 min. 30 sec E a point being the northwesterly terminus of the point; said point being N 08 deg. 36 min. 41 coastal construction control line for Alligator feet to a point; Thence N 62 deg. 53 min. 28 sec. E a distance of 534.836 feet from P.R. point. distance of 982.11 feet to a point; Thence N sec E a distance of 987.94 feet to a point; said M. 49-80-B32. 68 deg. 36 min. 32 sec. E a distance of 998.21 point being S 80 deg. 23 min. 33 sec. E a Recommence at P.R.M. 49-80-D01 Thence N 45 deg. 37 min. 31 sec. E a feet to a point; Thence N 62 deg. 07 min. 20 distance of 410.145 feet from P. R. M. thence N 61 deg. 11 min. 24 sec. W a distance distance of 1018.99 feet to a point; Thence N sec. E a distance of 984.21 feet to a point; said 49-80-C12. of 321.812 feet to the point of beginning; 45 deg. 23 min. 12 sec. E a distance of point being N 11 deg. 11 min. 56 sec. E a Thence N 60 deg. 25 min. 25 sec. E a Thence S 80 deg. 40 min. 20 sec. E a distance 1031.24 feet to a point; said point being N 26 distance of 272.330 feet from P.R.M. of 1069.25 feet to a point; Thence S 86 deg. 13 distance of 933.35 feel to a point; Thence N min. 10 sec. E a distance of 1085.25 feet to a deg. 08 min 33 sec. W a distance of 384.675 49-80-C04. 62 deg. 36 min. 43 sec. E a distance of point; said point being N 82 deg. 16 min. 42 feet from P. R. M. 49-80-B33. Thence N 72 deg, 52 min. 05 sec. E a 1041.24 feet to a point; said point being N 40 sec. E a distance of 655.148 feet from P. R. Thence N 43 deg. 10 min. 56 sec.E a distance of 1007.33 feet to a point; Thence N deg 37 min. 51 sec. W a distance of 210.443 M. 49-80-D02. distance of 970.37 feet to a point; Thence N 74 deg. 17 min. 48 sec. E a distance of 996.24 feet from P. R. M. 49-80-C13. Thence S 86 deg. 30 min. 17 sec. E a 27d deg. 47 min. 54 sec. E a distance of 987.28 feet to a point; Thence N 74 deg. 00 min. 38 Thence N 62 deg. 57 min. 37 sec. E a distance of 945.20 feet to a point; Thence S 88 feet to a point; Thence N 13 deg. 38 min. 35 sec E a distance of 992.51 feet to a point; said deg. 01 min. 31 sec E a distance of 1001.27-D distance of 907.05 feet to a point; Thence N feet to a point; Thence S 76 deg. 05 min. 33- sec. W a distance of 805.32 feet to a point; point being N 09 deg. 39 min. 32 sec. E a 35 deg. 08 min. 14 sec. E a distance of 786.52 sec. E a distance of 904.85 feet to a point; said Thence N 13 deg. 27 min. 37 sec. W a distance I 355.230 feet from P. R. M. feel to a point; Thence N 34 deg. 16 min. 24 point being S 75 deg. 43 min. 29 sec. E a 49-80-C05. distance of 505.923 feet from P.R.M. distance of 388.28 feet to a point; said point sec. E a distance of 913.68 feet to a point; said 49-80-D03. being S 66 deg. 56 min. 12 sec. W a distance Thence N 73 deg. 12 min. 04 sec. E a point being N 01 deg. 11 min. 36 sec. W a Thence S 68 deg. 19 min. 42 sec. E a of 309.414 feet from P. R.M. 49-80-B34. distance of 928.85 feet to a point; Thence N distance of 578.394 feet from P. R. M. distance of 1062.99 feet to a point; said point Thence N 13 deg. 27 min. 37 sec. W to the 82 deg. 30 min. 24 sec. E a distance of 49-80-C14. being N 52 deg. 04 min. 02 sec. W a distance point of intersection with the mean high 1029.82 feet to point; Thence N 73 deg. 45 Thence N 28 deg. 45 min. 59 sec. E a of 92.053 feet from P.R.M. 49-80-D04. water line of the south bank Saint George min. 47 sec. E a distance of 935.94 feet to a distance of 911.88 feet to a point; Thence N Thence S 76 deg. 04 min. 11 sec. E a Sound, said point being the northeasterly point; Thence N 64 deg. 45 min. 52 sec. E a 21 deg. 02 min. 34 sec. E a distance of 953.79 distance of 928.34 feet to a point; said point terminus of the coastal construction control distance of 1010.16 feet to a point; said point feet to a point; Thence N 13 deg. 06 min 57 being N 83 deg. 10 min. 49 sec. W a distance being S 74 deg. 56 min. 25 sec.W a distance of 458.207 feet from P.R.M. 49-80-D05. line for Saint George Island. sec. E a distance of 916.74 feet to a point; said Thence S 65 deg. 39 min. 57 sec. E a distance of 1042.64 feet to a point; said point METES AND BOUNDS of 524.912 feet from P. R. M. 49-80-C06. point being N 02 deg. 39 min. 30 sec W a being N 68 deg. 17 min. 52 sec. W a distance DESCRIPTION OF THE COASTAL Thence N 64 deg. 32 min. 34 sec. E a distance 424.237 feet from P. R. M. of 90.524 feet from P.R.M. 80-D06. distance of 947.92 feet to a point; Thence N 49-80-C15. CONSTRUCTION CONTROL LINE 68 deg. 54 min. 12 sec. E a distance of 934.91 Thence N 02 deg. 20 min. 29 sec. E a FOR DOG ISLAND, FRANKLIN feet to a point; said point being N 55 deg. 59 distance of 802.90 feet to a point, Thence N COUNTY, FLORIDA min. 18 sec. W a distance of 226.050 feet from Commence at P. R. M. 49-80-C01 thence 03 deg. 25 min. 45 sec. W a distance of P. R. M. 49-80-CO7. 1006.80 feet to a point; said point being N 39 N 80 deg. 59 min. 30 sec. E (all bearings in Thence N 63 deg. 25 min. 13 sec. E a deg. 57 min. 58 sec. W a distance of 333.462 feet from P. R. M. 49-80-CI6. 1984 ANNUAL SUPPLEMENT Thence S 66 drg 17 min 44 sec E a P. R. . 49-80-D16. distance of 1011.15 feet to a point; Thence S Thence N 24 deg. 26 min. 30 sec. E a CHAPTER 16B-35 distance of 1237.27 feet to a point; Thence N RULES AND PROCEDURES FOR 1050.31 feet to a point; Thence S 75 deg. 27 19 deg. 52 min. 29 sec. E a distance of 829.12 RULES AND PROCEDURES FOR min. 43 sec. E a distance of 988.30 feet to a feet to a point, Thence N 17 deg. 26 min. 52 COASTAL CONSTRUCTION AND point; Thence S 70 deg. 40 min. 45 sec. E a sec. E a distance of 1378.27 feet to a point; EVACUATION (PERMITS FOR distance of 917.64 feet to a point; Thence S 68 Thence N 08 deg. 49 min. 42 sec. E a distance CONSTRUCTION SEAWARD OF THE deg. 07 min. 43 sec. E a distance of 1137.07 of 1153.56 feet to a point; said point being N COASTAL CONSTRUCTION feet to a point; said point being S 54 deg. 52 83 deg. 03 min. 49 sec. W a distance of CONTROL LINE AND FIFTY-FOOT min. 35 sec. E a distance of 359.692 feet From 228.021 feet from P. R. M. 49-80-D17. SETBACK) P. R. M. 49-80-D07. Thence N 13 deg. 14 min. 43 sec E a 16B-36.02 K Thence S 68 deg. 10 min. 35 sec. E a distance of 1192.6 cc a point; Thence N Statement on Permits. Policy 1984 ANNUALS distance of 829.35 feet to a point; said point 01 deg. IS min. 41 sec. W a distance of ANNOTATIONS being S 50 deg. 51 min. 21 sec W a distance 1332.97 feet to a point; Thence N 07 deg. SO AdjACENT Properties F.A.C. that construction on property of applicant of 597.483 feet from P. R. M. 49-80-D08. min. 3S sec. W a distance of 1029.16 feet to a Department's issuance of final order granting Thence N 88 deg. 06 min. 01 sec. E a point; said point being S 02 deg. 23 min. 07 construction control line permit to condominium distance of 1238.99 feet to a point; mid point sec. IS a distance of 47.481 feet from P. R. 161. builders was declared ineffective until formal F.S. dwelling on property seaward of existing coastal being N 74 deg. OS min. 26 we. W a distance 49-80-D1B. A.120.57 proceedings were concluded and F.S. standing to challenge rule. Coley v. Department of of 776.203 feet from P. R. M. 49-80-D09. Thence N I I deg. 23 min. 24 sec. W a A. 120.5. order entered, where petition for hearing by association of adjacent property owners 6653 (1984). Thence N 79 deg. 35 min. 13 sec E a distance of 974-38 feet to a point; Thence N was timely filed and association had standing to distance of 847.39 feet to a point; Thence N 12 deg. 35 min, 14 sec. W a distance of 964.74 request hearing; Property owners showed 16B-33.07 Structural and Other 73 deg. 31 min. 57 sec E a distance of feet to a point; said point being S 59 deg. 13 substantial interest by alleging that if 1001.54 feet to a point; Thence N 71 deg. 46 min. 50 sec. E a distance of 46.133 feet from condominium builders substitute construction Requirements Necessary for Permit min. 12 sec. E a distance of 920.22 feet to a P. R. M. 49-80-D19. control line permit was granted, association's Approval point; Thence N 77 deg. 39 min. 04 sec. E a Thence N 12 deg. 59 min. 05 sec. W a property would be eroded and destroyed. distance of 1015.70 feet to a point; said point distance of 966.35 feet to a point; Thene N Hillsboro-Windsor Condominium Association v. being N 51 deg. 21 min. 34 sec. E a distance of 12 deg. 34 min. 27 sec. W a distance of 331.288 feet from P. R. M. 49-80-D10. 1028.57 Ices to a point; said point being S I? Necessity of development 16B-33.07(2), F.A.C. either track language of F Builder petitioned for hearing to contest city's S. A. 161.053 or otherwise constitute logical and Thence N 79 deg. 12 min. 48 sec. E a deg. 35 min. 42 sec. E a distance of 508.456 application for permit for construction of distance of 975.31 feet to a point; Thence N feet from P. R. M. 49-80-D20. improvements seaward of coastal construction 81 deg, 42 min. 56 sec. E a distance of 986.37 Thence N 17 deg. 19 min. 27 sec. W a control or setback line. Department of Natural statutory provision concerning need for special ter to a point; said point being 5 79 deg. 10 distance of 1064.08 Feet to a point; Thence N Resources properly granted permit, as city carried structural and design considerations to minimize min. 35 sec. W a distance of (430.572 feet from 23 deg. 28 min. 40 sec. W a distance of 860.14 its burden of proving necessity and justification for any adverse impact on beach system. Coley v. P. R. M. 49-80-D11. feet to a point; Thence N 41 deg. 30 min. 21 construction of improvements. Builder presented 84-205 Thence N 86 deg. 29 min. S4 sec. E a sec. W a distance of 642.84 feet to a point; no evidence to contradict prima facie showing Department of Natural Resources. (doah established by permit application, supporting 84-2053r), 6 falr 6652 (1984) distance of 972.74 feet to a point; Thence S 83 said point being S 59 deg. 49 min. 22 sec. W a docutmentation and testimony of witness. 16b-33.21 civil penalties deg. 38 min. 20 we. E a distance of 1056.00 distance or 178.372 feet from P. R. M. Feet to a point; Thence N 91 deg. 58 min. 43 49-80-D21. Woodholly Assoc. v. Department of Natural Resources, App. (1st), 451 So 2d 1002 (1984). sec. E a distance of 912.16 feet to a point; said Thence N 41 deg. 30 min. 21 sec. W to the point being N 431 deg. 30 min. 32 sec. W point of intersection with the mean hi Validity annotations in where distance 349.420 feet from P. R. M. water tine of the southerly bank of the Rule 16B-33.05(1), F. A. C. and Rule 49-80-D13. Ochlockonee Bay. said point, being the 16B-33.07(2), F A. C, either track language of F. was to comply with in constructing residence Thence N 67 deg. 09 min. 58 sec. E a northeasterly terminus of the coastal S. A. 161.053 or otherwise constitute logical and seaward of coastal construction control line; his distance of 990.52 feet to a point; said point construction control line for Alligator Point. reasonable requirements in implementation of that failure to comply under these circumstances subjected him to penalties providedfor in F.S.A being N 87 deg. 13 min. 38 sec. W a distance statutory provision Concerning and for special 161.054(1). McDonough v Department of Natural Resources, App. (1st) 414 so 2d 583 of 349.420 feet from P. R. M. 49-80-D13. Structural and design consideration to minimize Thence N 45 deg. 06 min. 04 sec. E a any adverse impace on beach system. Coley v (1982). distance of 924.03 feet to a point; said point Department of Natural Resources, (DOAH being S 84 deg. 28 min. 57 sec. W a distance or 4 2.608 feet from P. R. M. 49-80-D14. 84-2053R), 6 FALR 6653 (1984). Construction Thence N 33 deg. 23 min. 25 sec E a Control Line and 50-foot Setback. distance of 962.26 Feet to a point; said point be* S 78 del. 22 min. 36 sec. W a dis cc ANNOTATIONS of 450.647 feet from P. R. M. 49-80-D15. Validity Thence N 21 deg. 51 min. 48 sec. E a Although requirement in Rule 16B-33.06(2). distance of 904.73 feet to a point; Thence N 25 deg. 46 min. 04 sec. E a distance of 994.46 feet to a point; said point being N 67 deg 15 min. 51 sec. W a distance or 257.619 feet from 179 FEBRUAR@_,.1985 SUPPLEMENT 16B-33,02, DEPARTNIENT OF* NATURAL RESOURCES DIVISION OF BEACHMS AND SHORES accompanying a storm surge. E4vdrodvnamic toads are EditorW Note.- ne 3-17-85 amendment created a new division generally lateral forces, but also 'include uplift press@@ under which Chapter 16B-33 is subsumed. and the effects of the turbulence resulting t .rom interaction of the flowing water mass with a CHAPTER 16B-33 structure. Hydrodynamic toad computations r RULES AND PROCEDURES FOR COASTAL' construction seaward of the coastal construction controi CONSTRUCTION AND EXCAVATION line consider all predominant forcing functions responsible (PERMM FOR CONSTRUCTION SEAWARD'OF for the motion of the aquatic mass, which are the THE COASTAL CONSTRUCTION CONTROL astronomical tide and the storm waves (including the LINE AND FIFTY-FOOT SETBACK) orbital particle transport, longshore mass transport, and 16B-33.01 Scope. Ile scope of this rule i3-',Ito shore-normal mass transport), as well as the storm surge. implement Sections 370.02, 161.052; 161.053, 161.054 Gravity and forced flow resulting from the inundation and 161.071, Florida Statutes. 'ne rule sets fortt0he accompanying the storm surge of a 100-year storm event reguu-ements and procedures relating to coiiw are considered. Hydrodynamic load computations consider construction, excavation and alteration seaward % of the processes of mass transport, heat transport, and established coastal construction control lines and 504@ot momentum transport, along with the corresponding setbacks, except for structures and works which -am natural laws which are the conservation of matter, the separately regulated by Section 161.041, Florida Statutes; conservation of energy (first law of thermodynamics), and procedures for surveying and reviewing control fines; the Newton's second law (the equation of motion). procedures for local prograrn delegations and rtm Hydrodynamic load computations also consider the repo , 9 various flow forms including forms referring to spatial requJirements; the procedures for pi g applications for control line permits; and the conditions p @pon variation (uniform and nonuniform flow), forms referring such permits pursuant to the general auth rity con to variation to time (steady, quasi-steady and nonstcady in Subsection 370.0210), Florida Statutes. flow), forms referring to the nature of flow (laminar and SpecEric Authority J70.021(l) FS. Law hnplemented 3,70.02(5), turbulent flow), and forms referring to the type of flow 161.05Z 161.053, 161.054, 161.071 FS. History-;Vew energy (subcritical, critical, and supercritical flow). In 11-19-80, Amended 3-17-85. addition, hydrodynamic load computations include the 16B-33.02 Defimidam transformation of flow energy form from supercriticat flow to subcritical flow, and vice versa, including all classifications of h drauLic jump. Hydrodynamic load (5) "Building support structure" is any shore-paqL Jlel computations consiTemr hydraulic flow across both a fixed structure which supports floor, wall or column loads eand bed and a movable bed where applicable. transmits them to the foundation (eg., beams, grade (19) "Hydrostatic Loads" are those lateral and ve beam, joists, etc.). (including unlift) forces resulting from a mpss of ie (6) "Bureau" is the Bureau of Coastal Engineering-and standing either above or below tae soil surface. These loads Regulation of the Division of Beaches and Shores of -the are equal to the product of the water pressure at the Department of Natural ResourceL centroid of the plane surface area on which the pressure (7) "Coastal" relates to areas upon which weather acts times the area of that surface. The hydrostatic pressure events from the open ocean may make essentially is equal to the product of the unit weight of the water times unattenuated impact, wherein the coast extends from,the the elevation of the water above the point of measurement. beach landward to -the first major change in terrain Hydrostatic loads which are confined may be determined features and may be several miles in width. (Now. This using the elevation to which the confined water would definition has no bearing on the jurisdictional limits of the freely rise if unconfined. Hydrostatic pressures at any Department.) point are equal in all directions and act normal to the (8) [Renumbered from former (7)) applied surface and are passive in nature. (9) "Column Action" is the elastic instability in piles or (20) "Inundate" is to cover or overflow as with a flood. columns resulting from stresses due to axial and/or lateral (21) "Landward" is the direction inland from the loadL Atlantic Ocean or Gulf of Mexico. (10) (Renumbered from former (8)] (22) "Mean High Water Line" is the intersection of the (11) "'Division" is the Division of Beaches and Slf6res plane of mean high water with the shore. Mean high water of the Die ent of Natural Resources. .,paran is the average height of the high waters over an (12) Dune is a mound or ridge of loose sedidient approximate 19-yew period. (Reference: Chapter 177, mumlly sand-sized sediment, lying upland of the beach or Florida Statutes.) shore, and deposited by any natural or artificial (23) "N.Q.V.D." is National Geodetic Vertical mechanism (eg., dune may also include a beach ridge, Datum, as established by the National Ocean Survey dune ridge, chenier, etc.). (formerly called "mean sea level datum, 1929"). (I I'm (13)-(14) [Renumbered from former (10)- (24) "One-hundred-year storm" or "100-year storm" (15) "Excavation" is any mechanical or mi@ital is a shore-incident hurricane or any other storm with removal of rock, consolidated or unconsolidated -,soil accompanying wind, wave, and storm surge intensity material from any location seaward of the cAstal having a one percent chance of being equaled or exceeded construction control line or 50-foot setback. Excav.a"u*on in any given year, during any 100-year interval. includes but is not limited to dredging, dragliffing, (25) "Permit" is the authorization by the D 'e bulldozing, scraping and grading. to allow certain specified construction, excavMi (IS) "Hydrodynamic loads" are those forces resWting. (16)-(17) (Renumbered from former (l3)-(l4-)]' alteration in a speciried location seaward of a I . construction control line (161.053). Permit, by definition, from a man of water in motion, e.g., the flow also includes variances of the 50-foot setback requirements 140 16B-33.04 FEBRUARY 1985 SUPPLEMENT 180 (Section 161.052, Florida Statutes). construction above the foundation of any structure (26) "Permit Condition" is a statement or stipulation seaward of the established coastal construction control or ed with, and appearing on a permit; compliance with setback line. Under construction does not include which is necessary for the validity of the permit. application for or obtaining a building permit, a site plan (27) "Person" is any individual, firm, association, joint approval or zoning approval from the appropriate local venture, partnership, estate, trust, syndicate, fiduciary, government agency having jurisdiction over the activity, corporation, group, state officer, or unit of federal, state, purchasing construction materials, placing such county, or municipal government. construction materials on the site, clearing or grading.the (28) "Pile Foundation" is a system of piles providing site in anticipation of construction, site surveying, the support of a structure, including those piles continuation of site work beyond the limits of the terminating below grade at pile caps and those piles foundation including landscape work or construction of extending above grade to superelevae a structure. nonhabitable major structures or rigid coastal or shore (29) "Scour", see Erosion. protection structures, or reactivating construction after (30) "Seaward" is a direction toward the Atlantic substantially all construction activity has remained Ocean or Gulf of Mexico. sto ped for a period of six months or more. (31) "Staff" is the staff of the Division of Beaches and )(35) "Understructure" is any wall, partition or other Shores. solid fabrication not comprising a part of the structural (32) "Storm surge" is the rise above normal water level support system and located below the first floor support on the open coast due to a number of factors, including but structure. not limited to the action of wind stress on the water surface (36) "Uplift pressure" is any upward hydrostatic, and the rise in level due to atmosphere pressure reduction. hydrostatic or wind pressure on the base, deck or floor (33) "Structure" is the composite result of putting together, or building related components in an ordered (37) (Renumbered from former (25)] scheme and include the following: Specific Authority 370.021(1) FS. Law Implemented 370.02(5), (a) Habitable major structures shall include houses, 161.053 FS. History-New Amended 3.17.85. mobile homes, apartment buildings, condominiums, 16B-33.04 Exemptions from Permit Requirements. motels, hotels, restaurants, towers, and other types of (1) Any structures under construction prior to the residential, commercial, or public buildings. establishment of a coastal construction control line in a (b) Nonhabitable major structures shall include particular county are exempt from the provisions of swimming pools, bathhouses, detached garages, cabanas pipelines, piers, canals, lakes ditches, drainage structures Section 161.053, Florida Statutes, and this Chapter, except and other water retention stuctures; roads, streets as noted in Subsection 161.053(10), Florida Statutes. highways, parking areas and other paved areas exceeding (3) Construction or excavation, which is regulated by 144 square feet in area, underground storage tanks, and Section 161.041, Florida Statutes, and Chapter 16B-24, similar structures Florida Administrative Code, and which is totally on or (c) Minor structures shall include pile-supported, elevated dune and beach walkover structures beach access partially encroaches upon sovereignty land of Florida, ramps and walkways; stairways; viewing Platforms, below the mean high water line and seaward of coastal gazebos, boardwalks, slab patios, and other paved areas not construction control lines or 50-foot setback lines, is exempt from the provisions of Section 161.053, Florida exceeding 144 square fie, in area; lifeguard support Statutes, and this Chapter. stands; cantilevered decks or parches or existing (4) The coastal construction control line permitting structures; stab parches on new or existing structures, requirements do not apply to any modification, sidewalks, drivways, earth retaining walls, sand fences, maintenance, or repair to any existing structure within the privacy fences, ornamental walls, ornamental garden limits of the existing foundation which does not require, structures, aviaries, subgrade utilities (eg., wells, septic involve, or include any additions to, or repair or tanks, and drain fields) which require material alteration modification of, the existing foundation of that structure. of topography; ornamental and other similar structures and projects. Usage will not be the only criterion Specifically excluded from this exemption are seawalls (or other rigid coastal or shore protection structures) and any used to classify structures as minor, but it shall also be a additions or enclosures added, constructed, or installed charateristic of minor structures that they are considered below the rim dwelling floor or lowest deck of the existing to be expendable under design wind, wave, and storm forces structure. For the purposes of this exemption, major structures and additions to major structures proposed (d) Coastal and shore protection structures shall above existing patio slabs, decks, or similar unenclosed include rigid structures such as seawalls, bulkheads, areas are considered as new structures separate and revetments, mound structures, groins, breakwaters, as well independent of the existing patio slab, deck, or other as, nonrigid or flexible structures which include unenclosed area and shall comply with the regulatory dune restoration to include sand fencing and requirements set forth in this chapter. with beach and dune plants, and other structures which are (5) The construction of offshore structures, such as, intended to prevent erosion or protect other structures from drilling platforms, gas and oil rigs, towers, or navigation wave and hydrodynamics forces. These structures shall be aides, located beyond the effective limits of littoral considered as a separate classification for design purposes sediment transport, are exempted from the provisions of (e) The enumeration of types of structures in this Section 161.052 and 161.053, Florida Statutes. Subsection shall not be construed as excluding from the (6) At the discretion of the staff, utilizing applicable operation of this Chapter any other structure which by its criteria, the following may be considered not to fall within usage, design, dimensions, or structural configuration the meaning and intent of Sections 161.052 and 161.053, would require engineering considerations similar to the Florida Statutes: above listed structures (a) Beach or deck furniture and awnings; (34) "Under construction" is the continuous physical (b) Boat moorings; activity of placing the foundation or continuation of 141 181 FEBRUARY SUPPLEMENT 16B-33.05 (c) Tie-downs, moorings, or anchors to existing minor protection structures is as follows: structures or trees; (a) Construction of rigid coastal protection structures (d) Portable public life guard stands or light portabfi@ on undeveloped property is not recommended. access stairs; (b) Construction of rigid coastal or shore protecriq (e) Mono-post umbrellas, antennaes or light posts. structures designed primarily to protect minor sit provided there is minimal disturbance, no damagcd or nonhabitable major structures shall not be pei vegetation and the grade is restored; Excluded from this prohibition are rigid coastal or shore (f) Maintenance of existing beach/dune vegetation' protection smuctures which are designed to protect major following staff guidelines; I public roads, highways, water or sewage treatment plants. (g) The burial of seaweed, dead fish, whales, or other or public power facilities. marine animal on the unvegetated beach; I (c) In those instances in which a rigid coastal protection (h) Ile removal of piers or other derelict structures structure is the only feasible means of protecting an firom the unvegetated beach or seaward of mean high existing habitable major smucture, major public road, water-, - highway, water or sewage treatment plant, or public (i) Minor recr=tional dig*np and other forms of aru power facility then that rigid coastal protection structure on the unvegetated beach provided no removal or filling 4 shall be located as far landward as possible, consistent with sand at the site; design and construction requirements. (j) Temporary emergency vehicular access provided (d) Where there exists a continuous and uniform line of any impacted area is immediately restored; rigid coastal or shore protection structures adjoining the k) The minor removal of sand from roads (but not proposed ngid coastal or shore protection structure, then right-of-way areas), parking areas, beach access the proposed strucmm may be authorized along an 'mpsl r' POO12V Patios, walkways or decks, not involving a change in alignment which clom the gap between the adjoining rigid the general grade; Y coastal or shore protection structures to the limit of (1) The removal of any existing structures or debris physical impact to the property from those structures.. from the upland provided them is no mccavation or (e) Where a rigid coaaml or shore protection structure is disturbance to the existing topography or beach/dune not jusdried, then cowtaA or shore protection in the form of vegetation; and beach or dune restomdon may be authorized to protect any @m) The minor maintenance of concrete bulkheads and upland structum or propeM. seawalls specifically involving scraping, chipping, (f) In those instances in which development is proposed I upland of an existing rigid coastal or shore protection Law hnpiemented structure, the development shall be located a sufficient EZ7FZ19@n FS. Him"-Neli, distance landward from the rigid coastal or shore 11-18-80, Amended 3.17-85. rotection structure to allow for the conWnment of partial 16B-33.05 Depwtmens Policy Smtesimmt an Cures and to provide adequate room for routi permit& maintenance and reasonably anticipated repair work to t (1) A coastal construction control line (Section 161.053 rigid coastal or shore protection structure. 6 Florida Statutes) is intended to define that porti Of -11 (al Any proposed rigid coastal protection structure beach-dune system which is subject to severe fi On . thd@ hZ be designed to minimize erosive and scour effects. uctuations. 9 based on one-hundred-year storm surge, storm waves, or., Where justified and properly designed and constructed, other predictable weather conditions. The coastal- they will provide some mewure of protection for the construed= control and 50-foot setba,4 lines call attentiow upland structures. Sloping rock revetmenEs, rubble mound to the special hazards and impact associated with the use of structures, and toe-scour protection with rock in front of such propmy. Establishment of a coastal 00 . -n vertical bulkheads and seawalls are recommended over astrucuop- control Hue or the 50-foot setback requirement (Sectiob vertical or sloping solid walls and revetmenEs which, 161.052, Florida Statutes) does not preclude all- because of their reflective surface, cause substantially 4evelo of or alteration of coastal property seaward of greater erosion losses to the adjacent beach. such However, activities seaward of a coastal . (4) In many areas of the State, sand dunes provide a construction control line or 50-foot setback shall be limited significant amount of protection to the upland structures and the necessity of such development, construction or- - and prop", to upland development, and to adjacent alteration shall be stated mid clearly justified by th@@ beach areas The Department, therefore, encourages the applicant- 4 onstruction of elevated dune walkover structures which (2) Seaward of the coastal construction control line and, are designed to protect the dune topography and dune 50-foot setback, special sieLng, structural and other design. vegetation from pedestrian traffic and which encourage the considerations are mquired- . natural reconstruction and revegetation of damaged or (a) for the protection of the beach-dune eroded dunes. rfstem (5) (b) for the protection of any proposed or @wdsting' structures; and These prohibitions shall apply regardless of whether (c) for the protec@on of adjacent properties. there is an existing coastal or shore protection structure. tely.- n (3) ne construction or rehabilitation of adequa (6) The Departme t will consider the location of all designed, flexible coastal and shore protection structures: proposed construction and excavation in reference to such as beach nourishment, dune construction arid- county and municipal zoning and building codes providing stabilization, and sand fCX=g 13 encouraged over th@,i,- for local setback and other related requirements which are construction of rigid coastal and shore protection structures . more stringent than the Department's requirements for (seawalls, bulkheads, revetments, Mounds, groins,;-`etc)'. the purposes of Chapter 161, Florida Statutes. However, Rigid coastal protection structum do not protect the-beaciC, the Department will not consider as binding county In most cases, they may be expected to have a long municipal zoning and building codes, or prope -termi 0 adverse effect on the beach in their immecliate vici ' " covenants or deed restrictions, which are contrary to the 11ity- - Policy on the construction of rigid coastal and shore-:' purposes of Chapter 161, Florida Statutes. The Department encourages all applicants for permits as 142 16B-33.07 FEBRUARY 1985 SUPPLEMENT 182 provided herein to design proposed structures and governmental authority, pursuant to Subsections innovation in a manner to effectively utilize all property 161.053(3) and (13), Florida Statutes. foward of the 50-foot setback or coastal construction (1) The Governor and Cabinet, the Executive Director, control line so that such proposed structures or excavations or the Division Director pursuant to Subsections shall extend as little a distance seaward of such established 16B-33.12(9) and (10), Florida Administrative Code, may lines as possible. issue a permit for an excavation or construction of a (7) An individual structure or activity may not have an structure at any coastal location, as described. in adverse impact on the beach or dune system at a specific Subsections 161.053(4) and 161.052(2), Florida Statutes. site; however, a number of similar structures or activities upon receipt of a complete application and upon the along the coast may have a significant cumulative impact determination that the facts and circumstances, including resulting in the general degradation of the beach or dune adequate engineering data concerning construction design, system along that segment of shoreline. The Department evidenced shoreline stability, current littoral trends, may not authorize any construction or activity whose expected wind, wave, hydrostatic, and hydrodynamic cumulative impact will threaten the beach or dune system forces associated with the design storm event, the design or its recovery potential following a major storm event. An features of the proposed structures or activities, and exception to this policy may be made with regard to those potential impacts of the location of such structures or activities undertaken pursuant to Subsections activities including potential cumulative effects of any 16B-33.05(3)(d) and 16B-33.06(2), Florida proposed structures or activities upon such beach-dune Administrative Code. systems, which in the opinion of the Department, clearly (9) In keeping with the intent of Paragraph justify a permit. 161.053(4)(c), Florida Statutes, it is the Department's (2) If in the immediate area a number of existing policy to protect native salt resistant vegetation and structures have established a reasonably continuous and endangered plant communities. Special conditions may be uniform construction line closer to the line of mean high placed on permitted activities so as to limit the nature, water than the coastal construction control line, and if the timing, and sequence of construction. Construction existing structures have not been unduly affected by activity, when justified and with physical impact erosion, the Governor and Cabinet, Executive Director, or minimized, may be recommended in previously disturbed the Division Director pursuant to Subsections areas or areas with exotic vegetation in lieu of areas of 16B-33.12(9) and (10), Florida Administrative Code, at native plant communities. Protection to native dune plant their discretion, may issue a permit for the activity. communities of the scrub or woody varieties will generally However, if such existing structures are threatened by or hold procedure over protection to plant communities have been affected by erosion, the Governor and Cabinet or which are commprised predominantly of grasses or sea oats the Executive Director, as appropriate, shall require all and other pioneer beach species. A construction fence shall proposed construction or excavation to be designed and generally be required to assist in the protection to the located as far landward (relative to the 50-foot setback or existing native beach or dune vegetation during the entire coastal construction control line) as possible on the sequence of construction. Where major structures are applicant's property. Furthermore, if the property of the being constructed immediately landward of the control applicant lies on a relatively undeveloped area of beach, or line, the staff may require a construction fence on the dunes, the Governor and Cabinet or the Executive control line to insure that construction activities do not Director, as appropriate, shall require all proposed encroach on area of native dune vegetation. construction or excavation to be located as far landward as (9) In keeping with the intent of Paragraph possible. In no instance, however, shall the Department 161.053(4)(c), Florida Statutes, it is the Department's contravene setback requirements or zoning and building policy to protect nesting sea turtles and hatchlings and their codes established by a county or municipality which are habitat pursuant to Section 370.12, Florida Statute. equal to, or more stringent than, the requirements Special conditions may be placed on permitted activities so provided herein. as to limit the nature, timing and sequence of construction. (3) (Deleted] In prime sew turtle nesting areas all forms of lighting Specific Authority 370.021(l) FS. Law Implemented 370-02(5). including balcony lights, parking lot lights and walkway 161.053(4), 161.052 (2) FS. History-New 11-18-80, Amended or deck lights, should be sheilded or otherwise designed so 3-17-85. as not to disturb nesting turtles or hatchlings. Tinted glass is generally recommend for windows and doors which 16B-33.07 Structural and Other Requirements is generally recommended for windows and doors which Necessary for Permit Approval. The following front directly on the nesting areas of the beach. The requirements must be met before a permit is approved by Department may not authorize any proposed activity or the Governor and Cabinet, the Executive Director, or the may suspend any permitted construction activity on the Division Director active beach, such as, beach cleaning, excavation or fill (1) The proposed structure or other activity shall be placement, and the construction of rigid coastal or shore located a sufficient distance landward of the beach-dune protection structures, when the applicant or permittee has system to permit natural shoreline fluctuations and to not provided reasonable assurance that nesting sea turtles preserve the dune stability and natural recovery following and hatchling will be protected. storm induced erosion. Where a seawall or other coastal or Specific Authority 370.021(1) FS. Law Implemented shore protection structure exists, proposed major 161.053(4), 161.052 FS. History-New 11-18-80, Amended structures shall be located a sufficient distance landward of 3-17-85. the coastal or shore protection structure to allow for future 16B-33.06 Coastal Construction Control Line and maintenance or repair of the coastal or shore protection 50-foot Setback. A permit to alter, excavate, or construct structure and seawall or bulkhead tie-backs. Although on property seaward of an established coastal construction fishing piers shall be exempt from this provision, their control line or 50-foot setback is required from the foundation piles should be located so as to allow for the Department except in those areas where the permitting maintenance and repair of any coastal or shore protection authority has been delegated to a county or municipal structure that may be intersected. 143 183 FEBRUAItY;1985 SUPPLEME14T 16B-33.07 (2) All structures shall be designed so as to minimi@e specific area as recommended by the Federal Emergent-,- any expected adverse impact on the beach-dune system'9'r Management Agency, or the' National Oceanic and adjacent properties and structures and shall be desigped Atmospheric Administration. The Bureau will evaluate consistent with Section 16B-33.05, Florida Administraui.@c the applicant's proposed structural elevation based Pon Code. available scientific and coastal engineering data an Wim u (3) Habitable major structures which extend wholly or advise the applicant of the specific elevation req lire partially seaward of the coastal construction control line'�r for the site. Additions to existing nonconforming hab' ab 50-foot setback shall be designed to resist the predictdd major structures may be considered by the Bureau for a forces associated with a one-hundred-year storm event. waiver of these elevation or foundation requirements. Assistance for determining design parameters and for provided that the addition does not advance the seaward minimizing adverse impact may be found in the latm@ limits of construction at the site. Staff evaluation in such editions of such documents as the Shore Protection cases will be based on engineering data, site elevations. any Manual, U. S. Army Coastai Engineering Research impact on the beach and dune system, and design life of the Center, Department of the Army Coastal Engineering structure. Research, Center Technical Papers and Reports; (d) Pile foundations for habitable major structures shall Division Technical and Design Memoranda. be designed to withstand all reasonable anticipated 4) erosion, scour, and loads resulting from a ((a) Labitable major structures shall be designed in one-hundred-year storm including at least wind, wave. accordance with the minimum building code adopted i hydrostatic, and hydrodynamic forces acting the area pursuant to Section 553.70-553.895,. Flori& simultaneously with typical structural (live and dead) Statutes, the Florida Building Codes Act. In the event.'Of load3. All major habitable structures should be anchored to conflict between the requirements of this Chapter and tKe their pile foundation in such a manner as to prevent above building codes or other state or federal laws, the flotation, collapse or lateral displacement. requirements resulting in the more restrictive design -r (e) The elevation of the soil surface to be used in the wind, wave, hydrostatic and'hydrodynamic loadt a@a calculation of pile reactions and bearing capacities for erosion conditions shall apply. habitable major structum shall not be greater than that (b) T"he deup wind velocity for load computations 6r which would result from the reasonable anticipated beach habitable major structures shall be a manimu- of I and dune erosion due to the one-hundred-year storm event at a height of 30 feet above the average surrounding or of a number of storm events having an equivalent leveL Velocity per square foot, cumulative probability of occurrence. Calculation of the -_ -_ In an height above grade, shall be determined from r9e design grade should account for localized scour due to the relationship: presence of structural components. Erosion computauons P 0.00256 X V2 X MY' for foundation design should account for all vertical and lateral erosion and scour producing forces. Design ratio of pile snaring to pile diameter is not recommended be I 9- -1fortl individual piles; however, this v to Where: vould not ap V - 140 miles per hour to pile dusters located below the design grade. Pile cap H - the height above grade (ft) should be set below the design grade (which includes Apgopriate shape factors shall be applied in accordana! localized. scour). The piles should be driven to. a wl standard budding code practice. Alternative desi penetration which achieves adequate bearing capacitv which appropriately consider the predictable taking into consideration the anticipated loss of soil above form may be approved by the Bureau. 1'%e the design grade. In addition to normal foundation designerand licant should be aware that localized wixid analysis, pile foundation analysis should consider piles in forces =P=.Sn hurricane conditions and stro column action from the bottom of the supported structure tornado conditions will ameed this minimurn wind IoZ to the design grade. Consideration should also be given to requirement These required pressures do not conader the degree of exposure to wave attack and the resulting vortint shedding or instability due to flutter or galloping.A 'impact loads an lateral or diagonal bracing between piles. detailed analysis may be required of structures wi@se (f) No substaritiai wails or partitions shall be dynamic properties allow for wind sensitivity. Load desi@o constructed below the level of the first finished floor of shall consider the frictional effects and induced vortices due habitable major structures and seaward of the coastal to the influence of topographic roug" and otKir conaruction control line or 50-foot setback. This does not existing structurm Internal pressures on interior walls, preclude, subject to Department permit and applicable cedings, and floors resulting from damaged windows or federal, county, and municipal regulations, the doors shall also be considered in design. construction of- (c) All habitable major structures dad be elevated, on, 1. Stairways; and securely anchored to, an adequ% pile foundatidn-m 2. Shearwalls perpendicular to the shoreline; such a manner as to locate the building support structuie 3. Shearwalls parallel to the shoreline, which are above the design breaking wave cres or wave uprush.a;6 limited to a maximum of twenty percent of the building superimposed on the storm surge with dynamic wave set. - length; of a one-hundred-year storm. Ile storm surge wi 4. Wind or sand screens constructed of fiber or wire dynamic wave setup of a one-hundred-year storm shall bi- mesh; the elevation determined by the Department of NatuW 5. Lirt, open lattice partitions with individual. Resources study performed for the establishment of thi wooden attice strips not greater than 3/4 inch thick and 3 coastal construction control line. This elevation is sub' inches wide, to review and revision by the Department of Nat 6. Elevator shafts; ResourcaL If an elevation has not been determined bjji 7. Small mechanical and electrical equipment roo coastal construction control line study, the elevation for the 8. Break-away or frangible walls. u d M it storm surge of a one-hundred-year storm shall be die (g) Structural design shall consider all design wave higher of either the federal base flood elevation for ihe forces. Habitable major structures shall be designed in 1 44 16B-33.07 FEBRUARY 1985 SUPPLEMENT 184 consideration of a one-hundred-year storm event. to include limited space for the installation of a tide or wave calculations for wave forces on building foundations and recording instrument. building superstructures may be based on minimum (k) Pipelines or ocean outfalls crossing the beach need criteria and methods given in professionally recognized not be designed for the conditions associated with a documents, accepted by the Bureau. Acceptable criteria one-hundred-year storm event. New pipelines and ocean and methods may be found in the Department of Navy, outfalls crossing the beach and littoral zone or the Naval Facilities Engineering Command Design Manual extension of existing pipelines or ocean outfalls shall be NAVFAC DM-26; the Department of the Army Corps of designed for the minimum erosion, scour, and loads Engineers' Shore Protection Manual; Department of the accompanying a 20-year storm event. Designe guidance Army Coastal Engineering Research Center Technical may be provided by the Bureau for the conditions expected Papers and Reports; or Division of Beaches and Shores' at the specific site. Pipelines or ocean outfalls shall be Technical and Design Memoranda, and other constructed below grade across the beach and littoral zone professionally recognized documents accepted by the and shall not be designed to adversely affect the beach or Bureau. Breaking, broken, and nonbreaking waves shall coastal processes at the site. be considered as applicable. Designe wave loading analysis (l) Swimming pools, wading pools, and water retention shall consider vertical uplift pressures and all lateral Structures are considered expendable structures and need pressures to include impact, as well as, dynamic loading not be designed for the erosion, scour, and loads and the harmonic intesification resulting from repetitive accompanying a one-hundred-year strom event. Because waves. of the expendable nature of these structures, pools should (h) Structural design shall consider all applicable be sited so that their failure does not adversely affect an hydrostatic loads. Habitable major structures shall be adjoining major structure or coastal protection structure. If designed in consideration of the hydrostatic loads which due to limited site availability the pool needs to be located would be expected under the conditions of maximum in close proximity to any existing major structure or coastal inundation associated with a one-hundred-year storm protection structure, the pool shall be designed with an event. Calculations for hydrostatic loads shall consider the adequate pile foundation for the erosion and scour maximum water pressure resulting from a fully peaked, conditions of a one-hundred-year storm event. A pool need breaking wave superimposed on the design storm surge not be designed with an adequate pile foundation if its with dynamic wave setup. Both free and confined anticipated failure would not jeopardize a major structure hydrostatic loads shall be considered. Hydrostatic loads constructed on an adequate pile foundation. All pools shall which are confined shall be determined using the be designed to minimize any permanent excavation maximum elevation to which the confined water would seaward of the coastal construction control line. There freely rise if unconfined. Vertical hydrostatic loads shall be shall not be any net loss of material from the immediate considered as forces acting both verically downward and area of the pool and the pool shall generally be elevated upward on horizontal or inclined surfaces of major either partially or totally above original grad to minimize structures (e.g. floors, slabs, roofs, walls). Lateral excavation. hydrostatic loads shall be considered as forces acting (m) All other nonhabitable major structures need not be horizontally above and below grade on vertical or inclined designed for the erosion, scour, and loads associated with a surfaces of major structures and coastal or shore protection one-hundred-year storm event; however, they shall be structures. Hydrostatic loads on irregular or curving designed to minimize the impact resulting from their geometric surfaces may be determined in consideration of structural failure. sepaarate vertical and horizontal components acting (n)-(o) [Relettered from former (g)-(h)] simultaneously under the distribution of the hydrostatic * * * pressures. (6) Coastal or shore protection structures which extend (i) Structural design shall consider all applicable wholly or partially seaward of the control line or 50-foot hydrodynamic loads. Habitable major structures shall be setback shall be designed for the predicted natural forces designed in consideration of the hydrodynamic loads which and conditions consistent with the proposed usage and would be expected under the conditions of a design life of the structure. one-hundred-year storm event. Calculations for (a) All flexible coastal or shore protection structures hydrodynamic loads shall consider the maximum water shall be compatible with the existing coastal environment. pressures resulting from the motion of the water mass (b) Design considerations for rigid coastal and shore associated with a one-hundred-year storm event. Full protection structures shall include structural siting, intensity loading shall be applied on all structural surfaces foundation (e.g.,geotextiles), crest (or cap) elevation toe above the design grade which would effect the flow elevation, structural slope(s), components as impacted by velocities. waves superimposed upon the design storm surge, (j) Fishing piers or oceans piers constructed for scientific expected scour, and impact on the beach and dune system purposes need not be designed for the conditions associated and the adjacent properties and other site specific with a one-hundred-year storm event. New piers or the considerations. Coastal and shore protection structures extension of existing piers shall be designed for the should be designed for the minimum wave loads which are minimum erosion, scour, and loads accompanying a applicable for the design storm conditions which justify the 20-year storm event. Pier decking and rails may be structures. Wave and runoff induced seepage in fill behind designed to be expendable. Design guidance may be ridig coastal protection structures should be considered to provided by the Bureau for the conditions expected at the avoid partial or complete failure due to piping of fill specific site. Habitable or covered facilities constructed on material under the structures. Seawalls, revetments, and the pier shall be designed for the minimum wind loads as rubble mound structures are generally designed for a 20 to set forth in this Chaper. Pile foundation design shall not 50-year storm event. Design procedures are available in obstruct the longshore sediment transport and shall be the latest editions of the Department of the Army Corps of designed to minimize any impact to the shoreline or coastal Engineers' Shore Protection Manual, the Department of processes. Because of the critical need for shoreline and the Army Coastal Engineering Research Center Technical littoral monitoring data, all permitted piers are encouraged Papers and Reports, the Department of the Navy, Naval 185 FEBRUARY 1985 SUPPLEMENT 16B-33.08 Facilities Engineering Command Design Manual property tax receipt bearing the name and address of the NAVFAC DM-26 and DM-7, and Department of current owner; articles of condominium bearing. evidence Natural Resources, Division of Beaches and Shores of appropriate recordation (for condominiums): or the Technical and Design Memoranda, and other cooperative documents defined in paragraph professionally recognized guidelines, as accepted by the 719.103(9)(a), Florida Statutes (for residential Bureau. cooperatives). Other documents submitted as evidence of (c) The applicant shall provide the Department with ownership will be reviewed by the staff and may be rejected certification by a professional engineer registered in the if found not to be sufficient. A copy of a purchase contract State of Florida that the design plans and specifications or an affidavit from the owner are not sufficient evidence of submitted as part of the permit application for rigid coastal ownership. If the applicant is not the property owner, the or shore protection structures are in compliance wi applicant shall submit an affidavit on the form provided by standards established in this Chapter. the Department as part of the permit application form. (7) The necessity for activities seaward of the control authorizing the applicant to act as the owner's agent for the line or setback line shall be stated and clearly justified by purpose of applying for a permit, and to act on behalf of the the applicant in accordance with the requirements of this owner in other matters pertaining to the permit. Chapter. In analyzing the information submitted by the (c) Written evidence, provided by the appropriate local applicant, the Department shall consider the following governmental agency having jurisdiction over the activity, types of information and concerns: that the proposed activity, as submitted to the Bureau, does not contravene local setback requirements or zoning or (e) County and municipal zoning regulations building codes. applicable to both the applicant's property and its use (d) A statement describing the proposed work, activity, cow properties in the general area which are more or construction. stringent than the Department's requirements (e) A statement, as provided for in Subsection of Chapter 161, Florida Statutes; 16B-33.07(7), Florida Administrative Code, giving (f)Existing county and municipal governmental specific reasons why the applicant feels that the permit ordinances and regulations prescribing setback limitations should be approved and why construction seaward of the applicable to existing structures which are more stringent coastal construction line or 50-foot setback is necessary for than the Department's requirements: the reasonable use of the property. (f) Two copies of a topographic survey of the subject (h) The location of structures in the area of the property, prepared or verified for accuracy not more than applicant's property that have established a reasonably six months prior to the date of application, and certified by continuous and uniform line of construction closer to the a land surveyor registered in the State of Florida. The topographic survey shall include the following specific line of mean high water than the established control line on information. a map or pictorial diagram or representation, if the permit 1. The location of the contour line corresponding* is requested under the provisions of Paragraphs 161.052(2)(b), elevation 0 NGVD. Florida Statutes; 2. The location of any existing vegetation line on the Specific Authority 370.021(1) FS. Law Implemented subject property. 161.053(4),161.052(2) FS. History-New 11-18-80, Amended 3. The location of the coastal construction control line 3-17-85. or, if not established, the mean high water line and the 16B-33.08 Permit Application Requirements and 50-foot setback for the full width of the subject property Procedures. including the location and number of the two nearest (1) Any person desiring to obtain a permit for Department baseline monuments. The procedure for construction seaward of the coastal construction control surveying the control line or 50-foot setback shall be in line or fifty-foot setback from the Department, shall compliance with Section 16B-33.09, Florida submit a completed standard application form to the Administrative Code. Bureau. This application, which is entitled "Application 4. The location of any existing structures on the subject for a Permit for Construction or Other Activities Seaward property and the location of any proposed construction or of the Coastal Construction Control, Line or Fifty-Foot activity, showing their relationship to the control line or Setback"-DNR Form 73-100(1-85), is incorporated by 50-foot setback. this reference. Copies of the application form are available 5. Any existing structures in the immediate contiguous free of charge and may be obtained by writing to the or adjacent area that the applicant contends have Department of Natural Resources, Division of Beaches established a reasonably continuous and uniform and Shores, bureau of Coastal E construction line if the permit is requested under the Regulation, 3900 Commonwealth Boulevard, provisions of Paragraphs 161.053(4)(b),or 161.052 (2)(b), Tallahassee, Florida 32303; or by telephone at (904) Florida Statutes. 488-3180. - (g) For habitable major, and rigid coastal and shore (2) The following information shall be submitted on or protection structures only, one copy of a dimensioned site attached to the standard application form: plan drawing (s) to an appropriate scale, on 8 1/2-inch by (a) The name, mailing address, telephone number, and 14-inch size paper showing* gnature of the property owner and of any duly authorized 1. The location of the contour line corresponding to agent making the application on behalf of the owner. elevation 0 NGVD at the date and time that the site survey (b) Sufficient evidence of ownership including the legal 2. The location of the vegetation line, if existing. description of the property for which the permit requested. Sufficient evidence of ownership may include a 3. The location of the proposed structure of excavating copy of an executed warranty deed bearing evidence and any existing structures. appropriate recordation, a copy of a long term lease, lease 4. The location of the coastal construction control line purchase agreement, or contract for deed; a copy of "a' or, if not established, the mean high water line and the 50-foot setback and the distance and direction to the two 146 16B-33.09 FEBRUARY 1985 SUPPLEMENT nearest Department baseline monuments and teh numbers 2. The proposed project or activity is a minor structure. of those monuments. a sand bypassing, transfer or plaement operation, or All distances of the locations required in Paragraph necessary to meet an emergency situation. 33.08(1)(f), Florida Administrative Code,from the (b) An applicant may request a waiver using the coastal construction control or setback line. Department's waiver form. The form must be (h) For habitable major, and rigid coastal and shore accompanied by a statement of the specific reasons why the protection structures only one copy of a dimensioned waiver should be granted. The Chief of the Bureau may cross-sectional drawing to an appropriate scale, on 8 waive application requirements without a written request 1/2-inch by 14-inch paper, showing: for waiver from the applicant, provided that the requirements so waived are limited as specified above in 1. All subgrade construction or excavation with this subsection. elevationsreferenced to the National Geodetic Vertical Datum. (c) No waiver shall be effective unless it is in writing 2. Typical cross-section view of the structural and signed by the Chief of the Bureau. components above grade with elevations for the underside (5) Each application for a permit shall be accompanied of the building support structure and crest elevations for by a processing fee, except for applications filed by any proposed coastal or shore protection structure. agencies of government of the United States or the State of 3. Location of the control line or, if not established, the Florida, including the counties and municipalities of the mean high water hue and the 50-foot setback. state. The processing fee is nonrefundable except as 4. Typical profile of existing and proposed grade at the provided in Section 120.60, Florida Statutes, and in this site. Chapter. Processing fees are as set forth in Section 5. The location of the contour line corresponding to 16B-33.085, Florida Administrative Code. elevation 0 NGVD. (6) The staff may require submittal of a new 6. The street address of the property, if such address is application by any applicant who has not responded within available. If no street address, is, available, then directions six (6) months after a notice of incompleteness is sent, if the shall be given relative to the nearest readily identifiable applicant subsequently provides the information required address or landmark. to complete the application. (i) In addition to the 8 1/2 inch by 14-inch plan Specific Authority 370.021(1) FS. Law Implemented 370.02, drawings specified previously, the applicant shall also 161.053(4), 161.052 FS. History-New 11-18-80, Amended submit two copies of detailed final construction plans and 7-7-81, 3-17-85. specifications for all proposed structures or excavation Editorial Notes The 3-17-85 amendment entirely superseded the including all planned appurtenant structures and utilities. former rule. For major structures and rigid coastal and shore protection 16B-33.085 Permit Fees (Reserved) these documents shall be signed and sealed by design engineer or architect (as appropriate), who must 16B-33.09 Procedures for Surveying the Coastal be registered in the State of Florida, and shall bear the Constructon Control or Setback Line. certification specitied in Paragraphs 16B-33.07(4)(o) or 16B-33.07(6)(c), Florida Administrative Code. (2) Persons locating the line are responsible for (j) Details and justification, including engineering familiarizing themselves with the most recent legal design computations, for any proposed waste or storm description of the line on file in the public records of the water discharge onto, over, under or across the beach and county in which the control line is located. dune system, including but not limited to, storm water (3) Only that the location information which is given in the runoff, swimming pool drainage, air conditioner cooling most current recorded legal description of the line shall be water discharge, well discharge, domestic waste systems, used in locating the control line. The 50-foot setback line or outfalls. shall be measured from the line of mean high water as (k) The name and mailing address of the owners of the located pursuant to Chapter 177, Florida Statutes. immediately adjacent properties, exclusive of street-ends (4) Only those control markers, (permanent reference) or easements. monuments) designated on the most recently recorded legal (3) The staff may require the applicant to provide other description of the line are to be used location surveys, site specific information or calculations as is necessary for except that any First or Second Order Federal or State proper evaluation of the application horizontal control marker may be used to establish or (4) The Chief of the Bureau may waive any of the confirm position or direction. requirements specified in paragraph (f), (g), (h), (j), (k) (5) Location surveys shall begin on one control marker and except for major structures and rigid coastal or shore and close on a different control marker unless an exception an exception protection structures, (i) above. Use of a standard is authorized in writing by the Bureau of Coastal Data application form as specified in subsection (2) above, and Acquisition, Division of Beaches and Shores. all other application requirements including submittal of (6) Where control markers have been lost or disturbed, evidence of ownership of the property, may also be waived or where a conflict arises between measured distances and of the Bureau, but only when the Chief of the directions and the recorded distances and directions, the determined that an emergency situation exists Bureau of Coastal Data Acquisition, Division of Beaches and that undue hardship would result from enforcement of and Shores shall be contacted for assistance in locating the this requirement. In cases where an emergency situation line. exists, the applicant may be required to submit a telegram (7) to object of a location survey is to locate the exact or letter applying for the permit, in lieu of submitting the place or point where the control or setback line crosses a application form, and may be required to submit given parcel or given parcels or property. other standard application information after the permit is (8) Location surveys shall meet the minimum technical issued, as a condition of the permit. standards in accordance with Chapter 21HH-6, Florida (a) A waiver may be granted when: Administrative Code. 1. The information is not necessary for a proper (9) Traverse lines and angles should be adjusted by the evaluation of a proposed project or activity, and/or Compass Method, the Crandall Method, or the 147 0 187 FEBRUARYA883 SUPPLYMENT 6B33.12 Last-Suares Method. assistance or other representation by any member of the staff during consultation shall not constitute the approval 40 1) The survey drawing submitted to the Department of the Department, shall not bind the staff. the Bureau. the in accordance with Paragraphs 16B-33.08(l)(f) and (g), Division, the Executive Director. or the Governc@r ajj2& Florida Administrative Code, shall include: Cabinet; and shall not relieve any person of * * 0 reuirements of the Act, this Chapter. 'or other apphca4W (c) Date that the legal description used was recorded.-iii provisions of federal or state law or local ordinance. If there the county records; exists a conflict between any staff representation and the Act, laws, rules, codes or ordinances, then the Act. laws. (f) Location of the property in relation to borderi" rules, codes or ordinances shall prevail. roads and streets; Property owners affected by the coastal construction control line or 50-foot setback may consult with the staff at (i) Accurately scaled and dimensioned locations 6f any time concernin surveymg the control line or 50-foot and posed stmctures which am located municipal officials may consult with y or w9omavy smaward of the line, showing 86e the staff in minnieming em0mng or proposed coastal 0 on outlines; construction building codes or ordinances. The staff may also be consulted on predicting coastal processes, design SpeciricAuthatity 370.021(l) FS. Law Implemented 370 020M), force guidance, and appropriate eng@ineering solutions, and 161.053(2), 161.202 FS. 2HIstory-2New 11-18-80, Amenc(ed coastal data acuisition. S@6@zc Authojity 370.02140) 6FS. Law Implemented 370-02(5). 161.053, 161.052 FS. Hinoty-0New 11-18-80, Amended 166B-33.10 and Procedum for 10109 3-17-85. Eshilgished Coastal C4n@4&uc6dm 6Con4&ol Linics. - ; (1) Pursuant to Section 161.053, Florida Statutes, any 162B-33.12 8Precaming 8Pmce8dwe& riparian upland owner who feels the coastal conitiructi2& (1) All applications shmil, be processed and reviewed in control line as established is unduly restrictive or pre Ivents accordance with time reuirements specified by Section a legitima use of property shall be gmted a review of thk 120.60, Florida Stamtes. Ile Governor and Cabinet shall line upon written re0"est. Such reuest shall be take firml agmcy action on all coastal construction control accompanied by evidence of ownership Of die a6f6ftctea line permit applications submitted pursuant to this chapter Propel ry. 2T2M Division of Beaches and Shares shall reniew except as specified in (9) and (10) Wow or as specified in the location of the line on the affected property based upo6k Section 168B.33.14, Florida Administrative Code. th P - n st re r cot coastal data available for that location 44 (2) Within 30 days after an application for a permit is the Departm2m's film It shall also consirl any ree6dved, the s8mff sh&H 0e0mmine the appfication for furnished by the propert the Division t1virl completeness, and shall notify the applicant of any y owner. If consid additional data, such other data MY apparent errors or omi ions and reuest any additio b2we 6Mw Division shall render its opinion within information reuired to make the application comp ritten r d euest for review in the (3) For those permit applications to be considerel6o 30 days of receipt of the a form of a staff - - , 1, nniendation for consideration by t8M the Governor and Cabinet, upon receipt of the information Governor :wd CabineL set forth in Paragraphs 16B.33.08(l)(g), (h), and (k), Florida Administrative Code, the Bureau shall send public (4) Where possible, coastal construction control line notices of the application. review reuests shall be coordinated with scheduled couli8o (4) When the staff has determined that the application control line reviews. Upon completion of a line review, the for a permit is complete, the staff shall review the staff shall prepare an evaluation for the Governor an. d application and all information submitted regarding the Cabinet for final agency action. At the time the Executive !pplicanion and shall prepare an evaluation for the Director submits his recommendations to the Governor. LAVISIon Director, the Executive Director or the Governor and Cabinet, the staff shall notify the applicant of the staff and Cabinet, as appropriate, for final agency action. A reuest for a hearing t to (5) All persons interested in obtaining information Section 120.57, Florida Statutes, shall be within 0f1 concertting applications made to the Department pursuant days of receipt of notice. If the decision of the Governor and to the Act an this Chapter shall reuest such information Cabinet is different from the staff recommendation as in writing from the Division. noticed pursuant to this subsection, then the riparia8# (6) Subseuent to review of an application, the staff owner shall have 21 days from the date of the Governor and shall make an evaluation to the Division. Director or the Cabinees announcement of their decision in which to Executive Director, as appropriate, stating whether the . . k the agency for a hearing. -- - I permit should be approved or denied. This evaluation is 8=Autho2d 370.021(l)6FS.Law ted 370-02(0A not binding upon the Division Director or the Executive 1666L0O05630(620) 20F.01 0701j6istar2y2-16N0ew 11-18.364 3.17-20M.- Director. 146289_4383.11 C444n8m8l4bk28doffl6.An applicant ma4y.0;4@06 (7) (Renumbered from former (6)0] with the staff at -any time conc2m2min8g any con0i0t2iuctio (88) For those permit applications to be considered by ,6P, the Governor and Cabinet, at the time the Executive e2=vation, modification of an approved project, 0or other Director subn-4dts his recommendation the staff shall notify activity seaward of the control line or 50-8foot setbadt. PH44& to the time of submitting an application for a permit, .'a- !he applicant and all persons reuesting information of . applicant, property owner, county or 00munici it2y intent to approve or deny. Such notifications shall include: may reuest that the staff review the p56Tp6@sedwor4k, (a) Ile name and address of the applicant; te (b) The nature and location of the proposed activ* activity, line or code or conduct an on-site ins o6ii2i: (c) The staff evaluation; Following such review, the staff may consult with th4e (d) A statement that a reuest of the Department fib applicant, property owner, county or municipality an0ii advise the applicant of the potential desirabi a4n4d hearing pursuant to Section 120.57, Florida Statutes, shall 6l6'ty be made within 21 days of the receipt of notice or the right appropriateness of the information provided. Any 148 FEBRUARY 1985 SUPPLEMENT 188 As such hearing shall be waived (If the decision of the modifications of permitted projects or activities shall be Governor and Cabinet is different from the staff reviewed in the same manner as the initial application. recommendation as noticed pursuant to this subsection, (a) * * * then the applicant or any substantially affected person 1. Increases in extension of construction laterally or shall have 21 days from the date of the Governor and seaward of previously approved limits; Cabinet's announcement of their decision in which to * * * petition the agency for a hearing); and 3. Reduction in the depth of foundation penetration; (e) The time and place that the permit application will 4. Change in the type, alignment, length, or method of be heard by the Cabinet aides and the Governor and construction of a coastal or shore protection structure; Cabinet, and the fact that the applicant and any interested * * * persons may appear or be represented to make their (b) An application for a major revision or structural position known. Prior notification shall not be given for modification shall be acted upon by the Executive Director projects not considered by the Governor and Cabinet. when the initial permit was approved by the Governor and (9) The Division Director shall take final agency action Cabinet or when approved by the Executive Director. by issuing or denying permits for the following projects: However, if the request is for a modification to a project (a) Minor structures approved by the Governor and Cabinet which changes the (b) Beach nourishment above mean high water or on fundamental character of the project, then the request shall privately-owned land; be considered as a new application. When the addition, (c) Dune nourishment, dune restoration or revision or modification as a type of project or activity construction, including which could be approved by the Executive Director if (d) Landscaping and beach or dune stabilization submitted separately, but the original authorization was projects; granted by the Governor and Cabinet, the Executive (e) Limited grading not to exceed 1 vertical foot from Director may act upon the application. Any revisions or existing average grade elevation, and the removal and modifications to permits authorized by the Division relocation of wind blown sediment; Director shall be acted upon by the Division Director (f) Beach vehicular ramp maintenance when the addition, revision, or modification is a type of (g) Beach cleaning operations; project or activity which may be approved by the Division (h) Removal of any rigid structure or loose debris not to Director. include the permanent removal of beach and dune (2) Applications for minor additions, revisions or sediment; structural modifications of permitted projects or activities (i) Placement of temporary sand bag structures; shall be acted upon by the Division Director. Minor (j) Emergency construction for the protection of additions, revisions or structural modifications are those existing upland structures in danger of collapse from changes which will not increase the risk of adverse impacts associated high frequency storm conditions or where a and include only: structure is undergoing progressive structural failure; * * * (k) Oil spill cleanup operations; (b) Changes which add projects or activities which (l) Discharges across the beach or dune system, could separately be acted upon by the Division Director; (m) Any other minor activity seaward of the control (c) Changes which do not increase the approved lateral line whose impacts would be similar in nature to the or seaward location of excavation or construction; and projects: listed in (a)-(I) above. (d) Changes which do not reduce the permitted (10) The Executive Director shall take final agency structural elevation, reduce structural soundness, or action by issuing or denying permits for the following increase beach or dune erosion. projects: Specific Authority 370.021(1)FS. Law Implemented 370.02(5), (a) Nonhabitable major structures, excluding below 161.053, 161.052 FS. History-New 11-18-80, Amended grade swimming pools, piers, canals, lakes, roads, streets, 3-17-85. highways, and parking lots; 16B-33.14 Emergency Permits. (b) Additions to existing habitable major structures (1) In the event of a shoreline emergency arising from which do not extend the seaward limits of the structures; the impact of a storm or other phenomena which results in (c) Repair, maintenance and modification of existing critical erosion, beach or coastal damage, or damage to building foundations; upland or coastal or shore protection structures, the (d) Repair, maintenance and modification of existing Executive Director may authorize emergency permitting rigid coastal or shore protection structures not involving procedures. major reconstruction. (2) In no event shall emergency permit procedures be (e) Toe-Scour Protection Or revetment construction designated for longer than 30 days as the result of a single seaward of existing bulkheads and seawalls. storm event. However, the Executive Director may (f) Construction of structural returns to existing rigid authorize one or more extensions of up to 30 days if he coastal protection structures. determines that such extensions are required for the (g) Single-family dwellings which do not advance the immediate protection of damaged or threatened structures existing line of construction established by structures in the in danger of imminent collapse or to address critical immediate area permitted under laws and rules in effect at erosion problems. that time and which do not adversely impact the * * * beach dune system or natural coastal processes. (6) Emergency permits shall be issued by the Division Specific Authority 370.021(7)FS. Law implemented 370.02(5), Director or staff designee only under the following 161.033, 161.052 FS. History-New 11-18-80, Amended conditions: 3-17-85. * * * (c) Where the proposed construction is for placement of 16B-33.13 Revisions or Modifications of Approved sand fill and/or sand-filled bags, repair or maintenance to Permits. an existing structure, or replacement or construction of (1) Applications for additions, revisions, or structural 149 189 FEBRUARY 1985 SUPPLENUNT 613-33.15 new access steps to the beach where erosion has impaired project authorized by the permit for the purpose of normal access or destroyed existing access structures the ascertaining compliance with the terms of the permit and staff is authorized to issue a permit describing the specific with rules of the Department, activity to be conducted and the specific conditions or (c) The permittee shall hold and save the Scate procedures to be followed. Florida, the Department, its officers and employ (d) Where the proposed activity is not for placement of harmless from any damage, no matter how occasioned and sand fill and/or sand-filled bags, repair or maintenance of no matter what the amount, to persons or property which an existing structure, or replacement or construction of might result from the work, activity, or structures new access stairs to the beach, or if structural failure is not authorized under the permit and from any and all claims imminent, the applicant will be advised to follow the and judgment resulting from such damage; normal permitting procedure set forth in this Chapter. (f) The permittee shall allow all records, notes, *** monitoring data and other information relating to (7) All emergency permits issued shall expire on the construction or any operation under the permit. which are date indicated on the permit, but in no event may they be submitted to the Department, to be used by the effective for more than ninety days from the date of Departmentent in any case arising under the Florida Statutes issuance. An applicant may request, and the Dividion or Department rules, except where such use is otherwise Director may grant, an extension of no more than thirty specifically prescribed by law; days, provided the applicant demonstrates sufficient (g) The permittee shall provide the Department with a reasons to justify the requested extension. No more than final certification of actual work performed no later than one extension may be granted. If additional work is to be 30 days following completion of the construction done, an applicant must submit an application under, the authorized or required by the permit. This certification regular permit application procedures. shall state that all locations and elevations specified by the *** permit have been verified, that the construction and any Specifc Authortiy 37O.021(1)FS Law lmplemented 370.02(5), other activities authorized or required by the permit have 161.053, 161.052 161.041 FS History-New 11-18-80, been performed in compliance with both the plans and Amended 3.17-85. project description approved as a part of the permit, and 16B-33.15 Permit Conditions that construction and other activities have complied with (1) Upon final agency actions, whether by the all conditions of the permit. Any deviations from the Governor and Cabinet, the Executive Director, or the approved plans, project description, or permit conditions shall be specifically described as a part of the final Division Director, the staff shall prepare and mail to the applicant, local governments, and all persons requesting it, certification. If any portion of the authorized work is not the final agency order. performed, this shall be reported in the final certification. If none of the permitted work is performed, the permittee (2) If a application is approved, the final agency shall inform the Department to that effect in writing no order shall include or incorporate a permit placard and one set of plans bearing the stamp of approval by the staff and later than 30 days fo11owing expiration of the permit. the signature of the appropriate staff member. final certification shall be on the form entitled "Final (a) The placard must remain conspicuously displayed Certification" - DNR Form 73-11A (Revised 1-85) or an the construction site and the approved plans must be DNR Form 73-IISB (Revised 1-85), or on the form entitled "Final Certification for Emergency Work" - available at the site for inspection by representatives of the DNR Form 73-116 (Revised 1-85). DNR Form 73-115A Department during ordinary working hours and at any other time that construction work proceeds on the site for shall be used only to certify work performed under the duration of construction, and for up to 90 days after the authorization of permits approved by the Division final certification is received by the Department. Director. DNR Form 73-115B shall be used to certify (b) Failure to display the placard or to make the work authorized by the Governor and Cabinet, the appoved plans available for inspection during Executive Director, or the Division Director. The staff shall determine which form is appropriate for each permit. construction may result in the staff suspending or hating work until the placard is displayed, and/or the approved DNR Form 73-116 shall be used only to certify work authorized by Section 16B-33.14, Florida Administrative plans are made available for inspection at the construction Code. These forms, which are incorporated by reference, site, and may result in assessment of civil fines pursuant to Section 161.054, Florida Statutes. are available free of charge. Copies of these forms may be (3) By accepting the permit, the applicant agrees to the Obtained by writing to the Department of Natural Resources, Division of Beaches and Shores, Bureau of following conditions: Coastal Engineering and Regulation, 3900 (a) The permittee shall carry out the work or activity Commonwealth Boulevard, Tallahassee, Florida 32303; for which the permit was granted in accordance with the or by telephone at (904) 488-3180. plans and specifications which were approved by the (h) No construction and no excavation except that Department. Any deviation therefrom shall be grounds for suspension of the work and revocation of the permit. specifically approved shall be conducted seaward of the (b) The permittee shall conduct the work or activity coastal construction control line. authorized under the permit in such a way as to minimize (i) Construction traffic shall not operate and building the adverse impact upon the beach and dune system or materials shall not be stored on vegetated areas seaward of adjacent property and structures; the coastal construction control line. If, in the opinion of the Bureau staff, this requirement is not being met, positive (c) The permittee shall use extreme care to prevent any adverse or undesirable effects from authorized work or control measures shall be provided by the permittee at the direction of the Bureau staff. Such measures may include activity on the property of others. A permit authorizes no temporary fencing, designated access roads, adjustment invasion of the property rights of others; construction sequence, and/or other requirements. (d) The permittee shall allow any duly authorized member of the staff or duly empowered law enforcement (i) Existing beach/dune topography and vegetation officer to enter upon the premises associated with the shall be disturbed only to the minimum extent necessary for construction, construction access, and other authorized t 16B-33.15 FEBRUARY 1985 SUPPLEUMENT vities. Before the project is considered complete, any (q) The shore-normal length and, or the distance graphy disturbed as a consequence of construction or seaward of the coastal construction control line specified in excavation shall be restored to preconstruction elevations the project description of this permit. for any dune with fill material. This fill material shall be compatible walkover structure authorized by the permit. is based on with the existing beach/dune sediments in both grain size the site conditions at the time of authorization. However. and coloration and shall be obtained from a source notwithstanding the requirements of Paragraphs landward of the coastal construction control line or from a 16B-33.15(3)(g) and (s), Florida Administrative Code, or source authorized pursuant to Section 161.041, Florida the dimensions and distances shown in the project Statutes. The areas so filled shall be stabilized with native description of the permit and/or the plans approved by the salt resistant beach/dune vegetation as specified in Department, an authorized beach and dune walkover Subsection 16B-33.15(3)(m), Florida Administrative structure, at the time of its construction, shall extend at Code. least up to the existing line of vegetation, but not further (k) Unless otherwise specifically authorized in the than ten (10) feet seaward of the existing line of vegetation, permit, any fill material placed seaward of the coastal except an specifically authorized by the permit. construction control line in undertaking work authorized (r) This permit has been issued to a specified property by the permit shall be free of construction debris,rocks, owner and is not valid for any other person unless formally clay,or other foreign matter. transferred pursuant to Section 16B-33.16, Florida Administrative Code. An applicant for a transfer of the permit shall sign two copies of a permit transfer agreement (l) If surplus sand fill results from any approved agreeing to comply with all terms and conditions of excavation seaward of the coastal construction control line, the permit, and return both copies to the Bureau. A copy of such material shall be distributed seaward of the control the transfer agreement which has been approved by the line on the site, as directed by the Bureau staff, unless Division Director must be displayed on the construction otherwise specifically provided by the permit. site along with the permit prior to commencement or (m) Any vegetation destroyed during construction shall continuation of work by a transferee. A permit shall not be be replaced with plants of the same species or, by transferred after its expiration. authorization of the Bureau, with other native salt (s) All construction shall conform to the plans and resistant vegetation suitable for beach and dune project description approved by the Department of stabilization. Unless otherwise specifically authorized by Natural Resources as a part of the permit, and to all the Department, all replacement plants used for conditions of the permit. No modifications to the project vegetation shall be of species indigenous to Florida location, size, or structural design are authorized except by beaches and dunes, such as sea oats, sea grape, saw modification of the permit pursuant to Section 16B-33.13, palmento, panic grass, saltmeadow hay cordgrass,seashore Florida Administrative Code, or other written notice of saltgrass and railroad vine. acceptance from the staff. (n) All topographic restoration and revegetation work (t) The permittee or agent acting on behalf of the is subject to approval and acceptance by the Department permittee, shall immediately inform the Bureau of any staff,and the status of restoration shall be reported as part change of mailing address which occurs between the date of of the final certification of the actual work performed. issuance of the permit and 90 days after completion of the (o) Prior to undertaking any construction activity project, or expiration of the permit, whichever occurs which will begin or end in the period from May 1 to earlier. October 30, the applicant shall contact the Bureau of (u) Ile permittee shall comply with any other Marine Research by telephone at its Field Station in conditions imposed upon the permit. Such conditions may jenson Beach at (305)334-1667 or if no one answers there, be imposed by the Governor and Cabinet, the Executive at the Laboratory in St. Petersburg at (813) 896-8626 for Director, or the Division Director , and may be of such instructions and procedures for protecting sea turtles and nature as is necessary to protect the integrity of beaches and their nests. Nesting marine turtles are protected by federal dunes and to cam out the intent of Chapter 161, Florida law (Endangered Species Act,1973) and state law (Section Statutes. 370.12, Florida Statutes). All work on this project shall be (4) By accepting a permit. for a major structure or a in compliance with these laws and with consideration for rigid coastal or snore protection structure, the applicant the protection of nesting females, eggs and nests, and also agrees to the following conditions. The permittee shall emerging hatchlings. In turtle nesting areas, the Bureau provide periodic progress reports certified by an engineer staff may require construction to be delayed for 60 days or architect (as appropriate due to the nature of the project) unless turtle protection measures have been initiated. registered in the State of Florida. These reports shall be on (p) Authorization for construction of any rigid coastal the form which is entitled "Periodic Report" - DNR or shore protection structure is based on an engineering Form 73-111 (Revised 1-85), and is incorporated by review and assessment of the design and anticipated reference. Copies of the periodic report form are available performance and impact of the structure as a complete free of charge and may be obtained by writing to the unit. Construction of any less than the complete structure Department of Natural Resources, Division of Beaches as approved by the Department of Natural Resources is is and Shores, Bureau of Coastal Engineering and and not authorized, and may result in assessment of civil fines Regulation, 3900 Commonwealth as authorized in Section 161.054, Florida Statutes, and/or Tallahassee, Florida 32303, or by telephone at (904) an issuance of an order to remove the partial structure and 488-3180. The reports shall be submitted whether or not restore the site to preconstruction conditions. Deletion of construction has occurred during any period. The property portions of any authorized rigid coastal or shore protection owner or authorized agent may sign the reports until such structure may be authorized by the Department in time as construction starts, and alter any period in which accourdance with Section 16B-33.13, Florida no construction was performed. However, the reports must Administrative Code, upon submittal of a written request be signed by an engineer or architect registered in the State which includes plans snowing the reduced extent of the of Florida following each period in which construction has structure. occurred. The reports shall indicate that all construction as 151 191 FEBRUARY 1985 SUPPLEMENT of the date of the report has been performed in compliance unnecessary to carry out the intent of Chapter 161. Florida with both the plans and the project description approved by Statutes. the Department of Natural Resources as a part of the Specific Authority 370.021(1) FS. Law Implemented 370.02(5). permit, and with all conditions of the permit, or shall 161.053, 161.052 FS. History-New 11-18-80. Amended specify any deviation. These reports shall be submitted 3-17-85. according to a scheduel established by the staff until a final Editorial Notes: The 3-17-85 amendment entirely superseded the certification for the work authorized or required by the former rule. permit is received and accepted by the staff. (5) By accepting a permit for a habitable major 16B-33.16 Transfer of Permits structure, the applicant also agrees to the following condition. All construction on the permitted structure shall (1) A new property owner, or an agent of the new stop when the foundation piling have actually been owner as provided in Paragraph 16B-33.08(2)(b),Florida installed. At that time the permittee shall provide a Administrative Code, may apply in writing for a transfer certification by a professional land surveyor registered of an unexpired permit. pursuant to Chapter 472, Florida Statutes, that all aspects (a) Upon request, the Bureau will sed the applicant an of the location, and all elevations of the foundation agent's authorization portion of a permit application form. construction are in accordance with both the plans and the and two copies of a transfer agreement form. This form, project description approved by the Department of which is entitled "Permit Transfer Agreement"- DNR Natural Resources as part of the permit. This certification Form 73-103 (Revised 1-85), is incorporated by reference. shall be on a form entitled "Foundation Location Copies of the agreement form are available free of charge Certification" - DNR Form 73-114 (Revised 1-85), and may be obtained by writing to the Department of which is incorporated by reference. Copies of the Natural Resources, Division of Beaches and Shores. foundation location certification form are available free of Bureau of Coastal Engineering and Regulation, 3900 charge and may be obtained by writing to the Department Commonwealth Boulevard, Tallahassee, Florida 32303; of Natural Resources, Division of Beaches and Shores, or by telephone at (904)488-3180. Both copies of the Bureau of Coastal Engineering, Tallahassee, Florida 32303; transfer agreement form shall be signed by the applicant or by telephone as (904) 488-3180. The location and shall be returned to the Bureau along with sufficient certification shall be based upon such surveys performed in evidence of ownership, as provided in Paragraph accordance with Chapter 472, Florida Statutes, as are 16B-33.06(2)(b), Florida Administrative Code and the necessary to determined relationship of the installed pilings to agent's authorization form signed by the property owner, if the coastal construction central line. This certification applicable. If the transfer is approved, one copy of the shall also specify the actual pile tip and pile head elevations approved transfer agreement will then be returned to the and any grade beam or cap elevations. Any deviation from applicant. the foundation location and elevations as permitted shall be clearly noted and described in detail as part of the (c) By accepting a transfer agreement, the applicant certification. Construction shall stop and certification shall agrees to comply with all the terms and conditions specific be submitted and accepted prios to proceeding with further in the permit and in Section 16B-33.15, Florida vertical construction for each and every phase of a Administrative Code. multiphase project where cosntruction above the (2)The Division Director may execute a transfer foundation of one or more structures occurs prior to agreement on behalf of the Department. completion of all foundation work. The Bureau shall (3)If the applicant for a transfer agreement wishes to notify the permittee of approval or rejection of the make changes in the project or activity or to alter any of the certification within serves(7)working days after its receipt; permit conditions the application shall be treated as a All survey information upon which the certification is modification of permit as specified in Section 16B-33.13, based shall be made available to the Bureau upon request. Florida Administrative Code. No application for (6) By accepting a permit for excavation, construction modification shall be considered to be complete until such or other physical activity on or encroaching on the transfer is approved by the Department. sovereignty land of Florida seaward of mean high water or, (4) If after the sale of the property, work is performed if established, the erosion control line, the permittee agrees which does not comply with the applicable law, rules, not to commence any excavation, construction, or other regulations, Department orders, or permit conditions, the acitivity involving the use of these sovereignty lands of the new owner shall be held liable. Internal Improvement Trust Fund under Chapter 253, Specify Authority 370.021(1) FS. Law Implemented 370.02(5). Florida Statutes, until the permittee has received from the 161.053. 161.052 FS History-New 11-18-80, Amended Board of Trustees of the Internal Improvement Trust 3-17-85. Fund the required lease, license, easement, or other form of consent authoring the proposed use. 16B-33.17 Time Limits on Permits (7)Issuance of a permit does not relieve the applicant of (1) A reasonable time limit may be placed on a permit the responsibility to comply with all applicable federal, by the staff after taking into consideration the complexity state, county, and municipal laws, ordinances or rules; nor of the proposed work or the nature of the activity is the applicant relieved of the responsibility to obtain any authorized. Unless a shorter time is specified on the permit. other licenses or permits which may be required by federal, permits shall expire two years after the date of the final state, county, or municipal law. order conveying the Department's approval. (8) The Division Director may waive any of the permit (2) Permits shall be effective until the activity or conditions set forth in Subsections 16B-33.15(3), (4), and construction is certified complete or until expiration, (5), Florida Administrative Code, if, in the opinion of the whichever is earlier, unless the permit is earlier suspended Division Director, such condition is found to be revolted or surrendered in accordance with Section 120 Florida Statutes, and this chapter. (3) Once a permit has expired, all work authorized by such permit must cease unless and until a time extension or new permit is authorized as provided herin. However, the 152 16B-33.20 FEBRUARY 1985 SUPPLEMENT 192 192 committee shall conduct any mitigating work ordered by application, reports, or other documentation submitted to department as a condition of a permit, or restorations the Department; or agreement, in accordance with the time limits imposed by the Department on that work, without regard to the date of (2) The Governor and Cabinet shall take action where permit expiration. the original permit was approved by the Governor and (4)The Division Director has the discretion to extend Cabinet, and the Executive Director shall take action the time limit placed on a permit a maximum of twelve where the original permit was approved by the Executive months upon written application filed by the permittee or Director or the Division Director. authorized agent prior to the expiration of the permit. The application shall be on a form which is entitled (4) The department may suspend or require "Application for Time Extension of Permit for modification of previously permitted construction or other Construction Seaward of the Coastal Construction Control activities not under construction, is substantial shoreline Line or Fify-foot Setback" - DNR Form 73-113 changes occurring subsequent to issuance of the permit, (Revised 1-85), which is incorporated by reference. The render the previously authorized activities adverse or time extension form is available from the Bureau free of ineffective for the purposes of Chapter 161, Florida charge and may be obtained by writing to the Department Statutes. of Natural Resources, Division of Beaches and Shores, Specify Authority 370.021(1) FS. Law IMplemented 161.053. Bureau of Coastal Engineering and Regulation, 3900 161.052 FS. History-New 11-18-80, Amended 3-17-85. Commonwealth Boulevard, Tallahassee, Florida 32303; 16B-33.20 Violations or by telephone at (904) 488-3180. In those instances (1) Any person vilating any provision of Sections where the requested extension is for a period of time not to 161.053, or 161.052, Florida Statutes, or these rules is exceed ninety days, the Bureau Chief has the discretion to guilty of a misdemeanor of the first degree punishable in extend the time limit for good cause. The time extension accordance with the provisions of Section 775.082, Section may be denied in order for changing shoreline and other 775.083, or Section 775.084, Florida Statutes. conditions or alternative design factor to be considered through a reapplication process. The permittee must (4) Upon discovery by the staff that either excavation or demonstrate good cause by showing eveidence that the prior construction is being undertaken in violation of the authorization by the applicable county or municipality provisions of Sections 161.052 or 161.053, Florida will remain in effect throughout the duration of the Statutes, or these rules, the Executive Director may issue a requested time extension; and by either. Notice of Violation or Cease and Desist Order to the person who has engaged in or is engaging in such illegal ) Under no circumstances will the time limit on a excavation or construction, the property owner or the permit be extended beyond thirty-six months from the date permit holder. The Cease and Desist Order or Notice of of approval, nor will it be extended if application is made Violation shall advise such person of the nature of the after expiration of the permit. No changes in the nature of violation and order him to immediately Cease and Desist the work will be considered in requests for time extenstions. all further excavation or construction. (6) A person whose permit has expired and whose (5) Any coastal structure constructed or excavation permitted project is incomplete may apply for a new created, in violation of the provisions of Sections 161.052 or permit. A reapplication shall be treated as an initial 161.053, Florida Statutes, is hereby declared to be a public application for permit and shall be subject to a complete nuisance, and such structure shall be removed or such review by the staff. The staff may require additional excavated topography restored after written notice by the information that it considers necessary for a review of Department directing such removal or the excavation not Department may require modification in the approved event that the structure is not removed or the excavation not plans and specifications and may impose additional permit restored as directed within a reasonable time, the conditions. SPecifically, changes may be required to meet Department may cause the structure to be removed or the changing shore or coastal conditions or to incorporate excavated topography restored at the expense of the advances in the science of coastal engineering and Department. The cost therof shall become a lien upon the recommended professional practice. Changes may also be property of the upland owner upon which such required pursuant to amendments to Chapter 161, Florida unatuthorized structure or excavation is located. All Statutes. The Department may deny any reapplication if removal and restoration shall be accomplished as follows: such action is warranted by the current shore or coastal (a) If upon receipt of a Cease and Desist Order or conditions, changes in the Department's conclusions Notice of Violation, the upland owner voluntarily consents regarding the acceptability of the applicant to make to the removal of any structure or excavation in violation of the site, unwillingness or inability of the applicant to make the provisions of Sections 161.052 or 161.053, Florida modifications in the project recommended by the staff, or Statutes, or this Chapter, such owner shall execute a due to amendments to Chapter 161, Florida Statutes. Removal, Restoration and/or Revegetation Agreement Specific Authority 3703.021 FS. Law Implemented 370.02(5), with the Executive Director. Such Agreement, adopted in 161.053, 161.052 FS. History-New 11-18-80, Amended Chapter 16B-33, Florida Administrative Code, shall 3-17-85. provide for the type of removal, restoration and/or revegretation within a stated time limitation and subject to 16B-33.18 Forms the supervision of and approval by the Bureau following a Specific Authority 370.021 FS. Law Implemented 161.053, site inspection. 161.052 FS. History-New 11-18-80, repealed 3-17-85. (b)An upland owner, upon receipt of the Department's Order to remove a structure or excavation in violation of 16B-33.19 Suspension and Revocation the provisions of Sections 161.052 or 161.053, Florida (1) Statutes, or this Chapter and to restore the site of such (a) Failed to submit the reports required by Section structure or excavation to its condition prior to the 16B-33.15, Florida Administrative Code; or violatiion, shall execute a Removal Restoration and/or (b) Included false or inaccurate information in the 153 193 FEBRUARY 1985 SUPPLEMENT 16B-33.23 Revegetation Agreement with the Executive Director as 16B-33.223 Partial Control Line Program provided for in Paragraph 16B-33.20(5)(a), Florida Administration to Counties or Municipalities. Administrative Code. (1) The Department may delegate to any coastal county * * * or municipality the authority for permitting certain types Specific Authority 370.021(l) FS. Law Implemented 161.053, of activities which have been defined by the Department 161.052, 161.071 FS. History-New 11-18-80, Amended pursuant to Subsection 161.053(13). Florida Statutes. 3-17-85. (2) Such partial delegations of the control line 16B-33.21 Civil Penalties. regulatory program shall be narrowly construed to those (1) In addition to the penalties provided for in Sections particular activities specifically named in the delegation 161.052, 161.053, and 161.121, Florida Statutes, and and agreed to by the affected county or municipality. Section 16B-33.20, Florida Administrative Code, any (3) Such county or municipality shall have, in the person or agent of any person refusing to comply with or judgment of the Department, adequate funds and willfully violating any of The provision's of Sections 161.052 personnel to administer such a program and to provide an and 161.053, Florida statues, or any rule or order adequate review of all permit applications. prescribed by the Department thereunder shall incur a fine (4) The Department may at any time, require for each offense in any amount up to $10,000 to be fixed, additional provisions to insure that the delegations are imposed and collected by the department. Each day equivalent to current Departmental criteria and requirements. during any portion of which such violation occurs (5) Any deviations from those activities specifically person in violation of the provisions of Sections 161.052 or delegated require authorization from the Department. 161.053, Florida Statutes, and/or this Chapter makes (6) Each county or municipality to which a partial application to the Division Director or Executive Director for final agency action pursuant to the provisions of Subsections 16B-33.12(9) or (10), Florida Administrative reports shall include: Code, or agrees to the removal of any structure or (a) a list of all permits issued; excavation in violation pursuant to the provisions of (b) the location of all permitted activities, referenced to Subsection 16B.33.20(5), Florida Administrative Code, Department of Natural Resources' referenced the Executive Director shall have the authority to fix, Monuments; impose and collect a civil fine in an amount not to exceed (c).a decription of the permitted activities and the $2,500. permit conditions imqposed; and (2) Whenever any person or agent of any person (d) any other information specifically requested by the knowingly violates any of the provisions of Sections Deparment that is necessary to make a proper evaluation 161.052 or 161.053, Florida Statutes, so that damage is of the effectiveness of the partial program administered. caused to beaches, shores, or beach/dune systems, (7) A partial qpqm4qpaqmqdele8qptqion maybe revoked by the including animal, plant, or aquatic life thereon, such Department at any time upon notification being provided violator shall be liable for such damage. If two or more by the Executive Director of the Department if it is persons or their agents cause damage and if liability for determined by the Department staff that the delegation is improperly or inadequately administered or enforced or such cannot be apportioned each violator shall be jointly and severally liable for the damage. If, however, liability that the local government no longer has adequate funds or for such damage can be apportioned, each violator is liable personal to conduct an adequate review or permit applications. only for that portion of the damage and subject to that portion of the fine attributable to his violation. Specific Authority 370.02(1) FS. Law Implemented *** 161.053(13), FS. History--New 3-17-85. (4) Upon the imposition of a fine by the Department, 16B-33.25 Central county and Municipality the Executive Director will issue a certified letter to the Reporting Requirements. violator demanding payment to the Erosion Control Trust Fund within fifteen days of receipt. If payment is not (2) All coastal counties and municipalities, within 5 received within such fifteen-day period, the Executive days after receipt of application for a permit for Director shall cause an appropriate legal action to be filed construction, excavation, or other activities seaward of to obtain payment. Any judgment rendered in such action either the coastal construction control line or 50-foot shall be recorded in the appropriate public records in the setback sha;l inform the applicant of the requirement for a county and filed as a lien under Chapter 85, Florida permit from the Department of Natural Resources. The Statutes. information required to be given the applicant shall Specific Authority 370.021(1) FS. Law Implemented 161.054 include: FS. History-New 11-18-80, Amended 3-17-85. (a) that a Department of Natural Resources' permit 16B-33.22 Control Line Program Administration to may he required by law; and Counties or Municipalities. (b) the address of the Department of Natural *** (5) The Department, after thirty-day notice, may Coastal Engineering and Regulation. suspend and/or revoke the delegation of control line (3) [Deleted] program administration to a county or municipality if the Specific Authority 370.021(1) FS. Law Implemented 161.052(10), 161.053(12) FS. History--New 11-18-80. Department determines that the program administered is Amended 3-17-85. inadequate to protect the beach/dune system and the upland properties; to safeguard proposed and existing structures; or to protect the animal, plant, or aquatic life of the beach/dune system. Specific Authority 370.021(1) FS. Law Implemented 161.053(3) FS. History-New 11-18-80, Amended 3-17-85. 154 16B-36.02 1984 ANNUAL SUPPLEMENT 36 F.A.C., that construction on property of applicant be located as far landward of coastal construction line as possible appears to be of questionable legality. evidence did not show that it was applied to petitioners' application for permit to construct dwelling on property seaward of existing coastal construction control line. Thus, petitioners lacked standing to challenge rule. coley vs. Department of Natural Resources, (DOAH 84-2053R), FALR 6652 (1984). 16B-33.07 Structural and Other Requirements Necessary for Permit Approval. ANNOTATIONS Validity Rule 16B-33.05(1), F.A.C., and Rule 16B-33.07(2), F.A.C., either track language of F.S.A. 161.053 or otherwise constitute logical and reasonable requirements in implementation of that statutory provision concerning need for special structural and design considerations to minimize any adverse impact on beach system. Coley v. Department of Natural Resources, (DOAH 84-2053R), 6 FALR 6652 (1984). 16B-33.21 Civil Penalties. ANNOTATIONS Knowing violations Court affirmed $5,000 civil penalty imposed by Department of Natural Resources against builder, where builder had actual notice of conditions he was to comply with in constructing residences seaward of coastal construction control line; his failure to comply under these circumstances subjected him to penalties provided for in F.S.A. 161.054(1) McDonough v. Department of Natural Resources, App, (1st) 414 so. 24 583 (1982). CHAPTER 16B-36 BEACH EROSION CONTROL ASSISTANCE PROGRAM 16B-36.01 Purpose. The purpose of this Part is to repeal and replace Rule 16B-23, Florida Administrative Code, and to set forth revised policies and procedures for administration of the Beach Erosion Control Assistance Program, a local government grant-in-aid program, pursuant to Section 161.091, F.S. General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. 16B-36.02 Definitions. (1) "Applicant" means an eligible governmental entity that submits a program application to the Department of Natural Resources. (2) "Application" means a formal request for financial assistance consisting of a complete project proposal with required documentation. (3) "Authorized Beach Restoration Project" means a beach project authorized by the United States congress or the Department which involves a specific project engineering design and a project maintenance program for a period of not less than 10 years. (4) "Board" means the Governor and Cabinet, sitting as the head of the Department of Natural Resources. (5) "Committed Funds" means program funds appropriated by the Florida Legislature for a specific local applicant. (6) "Department" means the Department of Natural Resources. (7) "Director" means the Director of the Division of Beaches and Shores. (8) "Easement" means an interest in real property owned by another that entitles its holder to a specific limited use. (9) "Eligible Governmental Entity" means any coastal county or municipality, and statutory or constitutional agencies of the State of Florida with the legal authority and responsibility for preserving and protecting coastal sandy beach resources. (10) "Executive Director" means the Executive Director of the Department of Natural Resources. (11) "Extension Period" means a formally noticed extended application submission period. (12) "Federal Aid Projects" means those projects which are specifically authoriezed and funded by Congress and Implemented by the U.S. Army Corps of Engineers. (13) "In-King Costs" means personnel salaries and/or materials expense used on an approved project by a project sponsor. (14) "Liaison Agent" means the individual officially designated to act on behalf of the applicant or project sponsor on all matters related to participation in the Erosion Control Program. (15) "Nourishment" means the process of replenshing a beach with comatible sand material. (16) "Program" means the Beach Erosion control Assistance Program. (17) "Project" means a planned undertaking in which all actions or activities have a specific, well-defined, common objective and where there are fixed beginning and ending dates. 1984 ANNUAL SUPPLMENT 16B-36.01 37 (18) "Project Agreement" means a program contract executed between the Department and the project sponsor that explicitly defines the terms and conditions under which the project was approved. (19) "Project Engineering" means the technical planning and designing of a project by a professional engineer which includes all actions necessary for construction, supervision and inspection. (20) "Project Period" means the approved period of time during which costs may be incurred and charged against a project. (21) "Project Sponsor" means an eligible governemtnal agency receiving program funding pursuant to an approved application. (22) "Restoration" means the artificial placement and sloping of sediment upon an eroded beach so as to aproximate the beach shape at some previous point in time. (23) "Retroactive Funding" means reimbursement of costs incurred by a project sponsor for approved eligible activities prior to the final approval of a project by the Governor and Cabinet but after legislative approval. (24) "Staff" means the employees of the Division of Beaches and Shores. (25) "Waiver of Retroactivity" means a statement in writing from the Director that defines those project costs which may be eligible for reimbursement by the Department on a retroactive basis. General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. 16B-36.03 Policy. (1) For the effective implementation of the Beach and Shore preservation act, the Board hereby establishes the Beach Erosion Control Assistance Program for the purpose of assisting local governemtns in alleviating serious sandy beach erosion problems and for the protection and preservation of the sandy beach resources of the State of Florida pursuant to Section 161.091(1), F.S. (2) The following constitutes the polcity of the Board pertaining to the Beach Erosion Control Assistance Program: (a) Sandy Beach preservation and erosion control must be the primary purpose of a project receiving a program grant. Secondary pruposes may be allowed; however, the staff and Executive Director must first make a determinatio that a secondary purpose is consistent and compatible with Section 161.091, florida Statutes, before a favorable recommendation may be submitted to the Board for their consideration. (b) No other grant program administered by the Department may be used as the applicant's required matching contribution. (c) For a project to qualify for state funding under the Beach Erosion control Assistance Program, the project applicant must provide permanent public access to project areas at approximately half mile intervals, including adequate vehicle parking areas, as determined by the Department to be in the public interest. Notwithstanding anything else herein, no public funds shall be spent restoring any beach where adequate public access to, and use of, the restored beach is not available. (d) The department may terminate a project agreement and demand return of all program funds released to the sponsor for noncompliance with any of the terms and conditions of the project agreement or of this Part. Repeated failure of a project sponsor to comply with the provisions of Section 161.091, F.S., this Part, or of the project agreement may result in the Department declaring the sponsor ineligible for further participation in the program until such time as compliance has been demonstrated to the satisfaction of the Department. (e) Procedures for disbursements under this program have been established to desallow the possibility of interest earned by a project sponsor on state funds. In the event circumstances arise which result in a project sponsor retaining state funds in excess of 30 days from the receipt of such funds by the Department, the project sponsor shall pay interest to the Department at the prevailing rate of interest. (f) A 10 percent retainage of the Department's obligation for all projects approved on a reimbursement basis, shall be held by the Department until construciton of the project is complete and the staff has performed a satisfactory project review report. However, in the event that a contract between a local sponsor and a contractor provides for retainage on each progressive payment, the Department will withhold the same percentage from each such progressive payment. General Authority 370.021 FS. Law Inplemented 161.091 FS. History--New 6-10-83. 16B-36.04 Project Eligibility. (1) Program financial assistance may be approved by the Board only for those projects which can be justified in accordance with 16B-36.05 1984 ANNUAL SUPPLEMENT 38 Section 161.091, F.S., and this Part. Program funding may be recommended in support of the following beach preservation and erosion control activities: (a) Beach restoratin/nourishment (b) Sand transfer, stockpiling (c) jetties, groins, breakwater, revetments (d) Sand trap construction and maintenance (e) Dune construction and revegetation (f) Beach dune overwalks (g) Dune protective walkways or other measures of dune protection or preservation (h) Sand fencing (i) Biological and hydrological monitoring studies (j) Sand source studies (k) Educational signs Retro active funding may be approved for those erosion control activiities specified in subsections (i) and (j) of this section. The Board may consider and approve applications for erosion control activites not included in subsections (a) through (k) of this section if the Director and the Executive Director certify the eligibility of the application, after having made the determination that such projects are otherwise consistent with all requirements of Section 161.091, F.S., and this Part. The Executive Director shall reject any application submitted which he finds inconsistent with the intent of Section 161.091, F.S., and this Part. General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. 16B-36.03 Project Funding Limits. (1) Up to 75% of the nonfederal share of a federal aid project may be provided by the Department under the Beach Erosion Control Assistance Program pursuant to Section 161.091(1)(a), F.S. Project activities as described in Section 16B-36.04 of this Part are eligible activities for federal aid projects. The project sponsor shall be responsible for a minimum of 25% of the non-federal project cost and 100% of: (a) The nonfederal costs for project engineering including engineering supervision and inspection; (b) The costs for providing all required construction easements, right-of-way, public access easements, and required vehicle parking spaces; (c) The costs of obtaining all required permits; (d) The costs of establishing erosion control lines; and (e) All other nonfederal costs. (2) In the case of federal inlet navigation channel construction or maintenance dredging projects, the Department may pay up to 100% of any additional project cost, as determined by the Department, involved in placing suitable sand material on nearby beaches instead of dumping such sand out at sea or in other disposal areas when such sand placement does not involve the construction of an authorized beach restoration project requireing public funding; provided that, except in cases where beach disposal areas are in state public ownership, the county, municipality, port, or inlet district authority within which the federal inlet navigation channel is located shall accept the responsibility of sponsor for such project and provide easements, rights-of-way, required permits, and all other requirements normally provided by a local sponsor. (3) Up to 75% of the project cost, as allowable pursuant to Section 161.091(1)(b), F.S., of an approved project may be provided by the department under the Beach Erosion Control Assistance Program for nonfederal aid projects. Project activities as described in Section 16B-36.04 of this Part, ar eligible activities for nonfederal aid projects. The project for nonfederal aid projects. The project sponsor shall be responsible for a minimum of 25% of the total contracted project soct and 100% of: (a) All costs in excess of the contractual project costs; (b) The costs for project engineergin, including engineering supervision and insepction; (c) The costs for providing all required construction easements, rights-of-way, public access easements, and required vehicle parking spacees; (d) The costs of obtaining all required permits; (e) The costs of establishing erosion control lines; and (f) All other costs. (4) In the case of nonfederal inlet navigation channel construction or maintenance dredging projects, the Department is authorized to pay up to 75% of the cost involved in placing suitable sand material on adjacent beaches, provided that the county, municipality, port, or inlet district authority within which the inlet is located accepts the responsibility of sponsor for such project and provides easements, rights-of-way, required permits, and all other requirements noramlly provided by a local sponsor. 39 1984 ANNUAL SUPPLEMENT 16B-36.07 General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. 16B-36.06 Project Approval Process. (1) Applications that are determined to be eligible under th eprovisions of Section 161.091, F.S., and thi spart, will be assigned a total point score by the staff on the basis of the criteria as defined in Section 16B-36.08. A project assessment based upon each criterion shall be filed by the staff with each application. (2) The executive Director shall submit to the Board, for formal consideration, a prioritized list of recommended applications evaluated pursuant to this Part. (3) Once the Board has reviewed and approved the prioritized list of grant applications, the Executive Director shall submit to the legislature all such project applications as part of the regular legislative budget process. The submittal of each application to the legislature shall include an explanation of the applicant's evaluation of the project application. (4) An approval of any application by the Legislature shall be considered a commitment of state funds for the project and also shall be considered a mandate to the Executive Director to continue the formal project review process, pursuant to Section 16B-36.09,F.A.C. (5) An application for which state funds have been committed by the Legislature shall be returned to the applicant for additional information, including updated and detailed cost estimates, environmental permitting, and the resolution of any recognized deficiencies in the application that could not be resolved prior to lesislative funding. (6) Upon receipt, review , and approval by the staff of a completed and updated application, the Executive Director shall submit a project agreement to the Board for approval. An approval by the Board of the project agreement will finalize the project review process. All or any portion of funds previously committed by the legislature shall at this point be considered obligated for project implementation. (7) The director shall notify the project sponsor of pending executive Board action and shall formally notify the project sponsor of the action taken by the Board within seven days following such action. General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. Requirements: (1) All requests for financial assistance under the Beach Erosion Control Assistance Program must be presented on forms supplied to the applicant by the Department. The application form just be completed in its entirety. An incomplete application form or presentation of inaccurate information may negatively impact the priority rating of the proposed project. (2) The Department will only accept program applications between April 1 and July 1, corresponding to the state's legislative budget preparation cycle. Under certain circumstances a formally announced specific extension of the authorized submission period may be made by the Department. (3) Any eligible local government desiring to submit an application under the Beach Erosion Control Assistance Program shall submit a completed standard application form to the Division. The following information shall be submitted on or attached to the standard application form: (a) The name, address and telephone number of the eligible local government making the application and the name and telephone number of the designated liaison agent (b) The name, address and telephone number of the project engineer. (c) A resolution adopted by the applicant's governing body approving the submittal of an application under the Beach Erosion Control Assistance Program. (d) The Chief Executive Officer of the applicant governing body must place his/her signature at the deisgnated space on the application. (e) A map showing the type of upland ownership of the project area must be attached. Upland ownership shall be designated on the map by federal, state, local, or private ownership. (f) A narrative desription of the project shall be provided as well as: 1. Project site plan. 2. Map showing public access. 3. Map showing vehicle parking areas. 4. legal description and reference to DNR monuments. (g) A narrative description of the project need shall be submitted. (h) Estimated project cost must be identified with a breakdown as to federal fund commitments, state funds requested, and local funds available. (i) A copy of any federal 16B-36.08 1984 ANNUAL SUPPLEMENT the applicant has submitted must be attached. (j) Estimated project cost by eligible activity shall be identified. (k) The expected design of life of the project and annual maintenance cost shall be identified and the anticipated source of funds for such costs. (4) Certain application requirements as appropriate for the subject property, shall be submitted after the legislature has approved the project and funds are committed for project construction. The requirements include: (a) Department of Environmental Regulation permit. (b) All required easements for project construction. (c) Department of Natural Resources, Division of Beaches and Shores, permits pursuant to Section 161.041 and/or Section 161.053, F.S. (d) Establishment of an Erosion Control Line. (e) Department of the Army U.S. Corps of Engineers permit. (f) Approval by Division of Archives, History and Records Management. (g) One complete set of project plans and sepcifications prepared and signed by the project engineer. (h) A detail project budget based on the Preliminary activity cost. (i) Other requirements that the Department deems necessary. General Authority 370.021 FS. Law Implemented 161.091 FS. History--New 6-10-83. 16B-36.08 Criteria for Evaluating Project Applications. (j) The extent to which the Department determines that an application meets specified criteria will be indicated byn assignment of a point value to each criterion employing the following scaled values: Poor or None 0 Less Than Satisfactory 1 Satisfactory 2 Above Satisfactory 3 Excellent 4 The point value assigned to a criterion will be multiplied by the indicated weighting factor. An application's overall suitability for program funding and its gernal standing among competing applications shall be determined by the extent to which the proposed project demonstrates or satisfies the following: (a) Selects the erosion control solution which most effectively addresses the specifc erosion problem. Classification Points Point value (max = 4) Weight Assigned X 3 = Staff Comments: (b) Provides for the resolution of an erosion problem where the public is the upland riparian owner. (Value assigned is relative to the extent of public ownership.) Classification Points Point value (max = 4) Weight Assigned X 3 = Staff Comments: (c) Provides for the resolution of an erosion problem on the stat's sandy beaches fronting the Gulf of Mexico or Atlantic Ocean. Classification Points Point Value (max = 2) Weight Assigned X 3 = Staff Comments: (d) Has submitted a project application for which the Department ahs expressed a continuing commitment either to complete a project that was started by a previous legislative appropriation, or to maintain or enhance a project to protect a substantial previous investment by the state. Classification Points Point Value (max = 4) Weight Assinged X 3 = Staff comments: (e) Provides for the preservation and protection of an existing dune system or provides for the restoration and/or enhancement of a disturbed dune system. Classification Points Point Value (max =2) Weight Assigned X 3 = Staff Comments: (f) Has submitted an application that includes all required information and supproting documentation. Classification Points Point Value (max = 2) Weight Assigned X 2 = Staff comments: (g) Has the likelihood that the project will be commenced during the fiscal year for which funds have been requested, and that the project, upon commencement, will be completed within a reasonable period of time. 16B-36.10 1984 ANNUAL SUPPLEMENT 42 43 1984 ANNUAL SUPPLEMENT save the state and its agencies, officers, and necessary for project accountability employees harinless from any and all (4) Any proposed change(s) in the project expenses incurred against the project. review of the project. The staff review shall liabilities which may result from the agreement must be approved by the (c) Be submitted and approved by the include a site inspection of the project and a construction or operation of the project Department prior to their implementation. A designated project liaison agent and the review of all books, records or documents Departments staff to examine all project either the scope of the project or proposes an (6) Before final reimbursement for pertaining to the financial accountability of records, and shall grant staff the right to audit increase in state funds shall be submitted to projects classified as nonfederal aid projects, all projects costs. any project books, documents, and papers the Board for its review and action. A and within 30 days after the date the U. S. (2) If the staff feels that copies of any of during the project construction and following proposed change that does not alter the scope Army Corps of Engineers declares a federal all financial records are needed as completion of the project. The project of the project of proposes an increase in state aid project completed, the project sponsor documentation for the staff review report, the sponsor shall maintain the records, books, funds may be approved by the Executive shall submit to the Department a completed project sponsor shall provide the staff with all documents, and papers for at least three (3) Director without Board review. and executed Post Completion Certification such documentation. years following completion of the project (5) Any and all changes in a project form. The Post Completion Certification (3) If the staff finds the project and the by the Department should the project agreement shall be made by a formal project form must be signed by the project liaison project financial records satifactory, a sponsor refuse to allow public access to all agreement amendment. The project agent and the project engineer. review report shall be prepared. documents, papers,letters,or other materials agreement amendment shall set forth the (7) Reimbursement Request Forms. (4) If the staff finds that the local financial made or received in conjunction with the exact change(s) and shall be executed by the Request for reimbursement by a project records of a project do not fully justify contract pursuant to the provisions of Chief Executive Officer of the project sponsor shall be presented on forms as reported costs, the staff shall provide a Chapter 119, Florida Statutes. Following sponsor governing body and the Executive described herein. The forms and the written summary of all discrepancies noted to noncompliance with the agreement, the 161.091 FS. History-New 6-10-83. as follows: the project sponsor at which time the project project sponsor will be allowed a maximum (a) Request for Payment Summary sponsor shall perform all actions necessary to of 60 days to submit any additional pertinent 16B-36.10 Disbursement of Program Form. This form must be completed for all resolve any and all discrepancies noted so that as being due the Department. funds for approved projects up to the level of requests for project cost reimbursement. a satifactory staff review report can be (1) The project sponsor shall appoint a funding obligated for a project in accordance (b) Contractual Service Summary Form. prepared. liaison officer to be responsible for the with the disbursement schedule provided in This form must be completed for all projects (5) The Department shall hold on implementation of the provisions of the the project agreement. or portions of projects that are performed by account the project retainage until such time progress reports at least every 90 days from S. Army Corps of Engineers is performing (c) Direct Material Purchases Summary as a satisfactory review report is prepared. the date of the execution of the agreement actural construction or contracting with Form. This form must be completed if the (6) All records of the project sponsor that until the project is certified complete. private enterprise for construction of a project sponsor elects to construct all or any document project costs shall be subject to (m) In the event the project sponsor fails project, the Department may advance the portion of the approved project with its own review by the Department's Internall Audit to comply with the terms and conditions of state's share of the total project cost to the work force and purchases materials staff, the Auditor General, Comptroller, the agreement, the agreement may be local sponsor. neccessary for the construction of approved federal auditors and others who may be considered null and void, and the (2) The project sponsor shall, within facilities. authorized to audit the project records of the financial and legal obligation as identified in Department's share of the project cost, (d) Grantee Labor Cost Summary Form. Department. the agreement and the project sponsor shall forward to the U. S. Army Corps of This form must be submitted if the project General Authority 370.021 FS. Law Implemented reimburse the Department upon its request Engineers the Department's share and the sponsor elects to construct all or any portion 161.091 FS. History-New 6-10-83. any and all funds disbursed to the project local sponsor's share of the total project cost. of the approved project with its own work sponsor for the project. (3) The local sponsor shall be responsible force. 16B-36.12 Program Forms. (n) The Department contract Mananger for full compliance of all the provisions of the (e) Grantee Stock Material Cost (1) The forms referred to in this Part are for the project shall be indentified in the federal aid project agreement including Summary Form. This form must be set forth as follws: agreement. The contract manager will be project accountability, progress reports, post completed if the project sponsor elects to (a) Beach Erosion Control Assistance Program Application Form. responsible for insuring performance of the completions certification, and all other terms project with its own work force and supplies (b) Project Agreement. terms and conditions of the agreement and and conditions of the agreement. are requisitioned from its own stock room. (c) Project Agreement Amendment. shall serve as a liaison with the project (4) For all projects where the local (f) All forms necessary for a project (d) Request for Payment Summary sponsor and shall approve all project sponsor sponsor is to be responsible for project sponsor to submit request for Form. requests for payment. construction, the Department shall disburse reimbursement shall be attached to and made (e) Contractual Services Summary Form. (o) Attachments to the agrrement will program funds on a reimbursement basis as a part of the project agreement together with (f) Direct Material Purchases Summary include: provided in the project agreement. an explanation of eligible and ineligible costs Form. 1. Project site identification. (5) All requests for reimbursement must: for each type of expense. (g) Grantee Labor Cost Summary Form. 2. Reimbursement forms (as applicable). (a) Be presented on reimbursement General Authority 370.021 FS Law Implemented (h) Grantee Stocks Material Cost. 3. Competitive bidding procedures request forms supplied to the project sponsor 161.091 FS History-New 6-10-03. Summary Form. 4. Other forms determined to be by the Department. (b) Provide documentation, as specified 16B-36.11 Post Completion Project (i) Past Completion Certification Form. by the Department that fully justifies all Review. As attached hereto and by reference (1) Within 60 days after the local sponsor incorporated herein. has submitted the executed Post Completion General Authority 370.021 FS. Law Implemented Certification Form, the staff shall perform a 161.091 FS. History-New 6-10-83. 16C-25.02 1984 ANNUAL SUPPLEMENT Chapter 16C-25 Conservation of Oil and Gas: General 16C-25.01 Application of Rules. The rules in this chapter and Chapters 16C-26, 16C-27, 16C-28, 16C-29, and 16C-30 are adopted to implement the provisions of Chapter 377, Florida Statutes, relating to the production and conservation of the state's oil, gas, and other petroleum resources. Specific Authority 277.22 FS Law implemented 377.04, 377.21 FS History--New 11-26-81. 16C-25.02 Definitions. Unless the context otherwise requires, the words defined shall have the following meaning when found in these rules, to wit: (1) ADMINISTRATOR (Oil and Gas Administrator) shall mean the Chief of the Bureau of Geology. (2) AGENT shall mean a professional employee of the bureau acting on behalf of the Administrator and Department. (3) BARRELS or BARRELS OF OIL shall mean 42 United States gallons of oil at a temperature of 60 degrees Fahrenheit, after deductions for the full percent of basica sediment, water, and other impurities present, ascertained by centrifugal or other recognized and customary test. (4) BLOWOUT shall mean a sudden or violent escape into the atmosphere of oil, gas, or water from a well. (5) BLOWOUT PREVENTER shall mean the industry approved equipment installed at the wellhead to prevent a blowout. (6) BOARD shall mean the Executive Board of the Department of Natural Resources. (7) BOTTOM-HOLE PRESSURE shall mean the pressure in pounds per square inch at the face of the producting horizon as determined by means of a pressure recording instrument, adopted and recognized by the oil and gas industry. (8) CASING PRESSURE shall mean the pressure at the surface built up between casing and the tubing. (9) CASINGHEAD GAS shall mean any gas or vapor, or both gas and vapor, indigenous to an oil stratum and produced from such stratum with out (see DRY GAS) (10) CIRCULATION shall mean the passing of a fluid down through the drill stem and up to the surface in the process of rotary drilling or in setting casing. REVERSE CIRCULATION shall mean the passion of a pluid down the annulus of the casings or the drill stem and hole and return through the drill stem. (11) COMMON CARRIER shall mean a pipeline, railroad, barge, truck, or any other transportation facility offring service for hire to remove oil, gas, and products derived from any producer to a designated purchaser, as opposed to a transporter who carriers exclusively his own production of oil or gas. (12) COMMON SOURCE OF SUPPLY shall mean the geographic area or horizon definietely seperated from any other such area or horizon and which contains, or from competent evidence appears to contain, a common accumulation of oil or gas or both. Any oil or gas field, or part thereof, which comprises and includes any area which is underlain, or which from geological or other scientific data or experiments or from drilling operation or other evidence, appears to be underlain by common pool or accumulation of oil or gas, or both oil and ga, is a common source of supply. (13) COMPLETION DATE shall mean a day, month, and year that is new well is either plugged and abandoned, or is either plugged and abandoned, or it tested for oil and gas and is considered to be completed and capable of production, or is tested as an injection well and is considered to be completed and suitable for injection use. If the well is temporarily abandoned before completion, or if the operation fails to report its completion or abandonment within thirty (30) days after the well has been drilled to total depth, the completion date may be determined by the Administrator. (14) CONDENSATE shall mean the liquid hydrocarbons produced by the condensation of a vapor or gas, either after it leaves the resevoir or while still in the reservoir. Condensate is often called DISTILLATE, DRIPS, WHITE OIL, etc. (15) CONSERVATION shall mean conserving, preserving, guarding, or protecting the oil and gas resources of the state by obtaining the maximum efficiency with a minimum waste in the producing, transporting, processing, refining, treating, and marketing of the unrenewable oil and gas resources of the state. (16) COORDINATOR OF OIL AND GAS shall mean the Supervisor of the Oil and Gas Section of the Bureau of Geology (see DISTRICT OIL AND GAS COORDINATOR). (17) CUBIC FOOT OF GAS shall mean that amount of gaseous hydrocarbons contained in a cubic foot of space at a base temperature of 60 degrees Fahrenheit and an absolute pressure of 14.65 lbs. per square inch, which temerature and pressure are referred to as the base temperature and pressure respectively. (18) DAY shall mean a period of twenty-four (24) consevative hours, from 7:00 a.m. one day to 7:00 a.m. the following day. (19) DEPARTMENT shall mean the State of Florida, Department of Natural Resources. (20) DISTRICT OIL AND GAS COORDINATOR (District Coordinator) shall mean the agent of the Administrator of Oil and Gas whose responsibility is an assigned district. (21) DRILLING MUD (Mud-Laden Fluid) shall mean any approved mixture of water and clay, or other material as the term is commonly used in the industry, which is utitilized in controlling formation pressures and in removing drill cuttings. (22) DRY GAS shall mean natural gas obtained from formations that produce gas only, or natural gas which does not contain the heavier fractions which may easily condense under normal atmospheric conditions, not casinghead gas. (23) ENHANCED RECOVERY (Additional Recovery Methods) as used herein include, but are not limited to, to maintenance or partial maintenance of reservoir pressure, recycling; flooding a pool or pools, or parts thereof, with air, gas, water, liquid hydrocarbons, any other substance, or any combination thereof, or any other method of producing additional hydrocarbons approved by the department. (24) FLOW LINE shall mean the pipe through which is produced fluids travel from the well to the field processing equipment or storage. (25) GATHERING LINE shall mean the pipe used in transferring produced fluids from the field storage to the point of sale to a common carrier or other purchaser (26) GEOPHYSICAL LOGS shall mean any log obtained by lowering an instrument into a well and recording some physical property of formation fluids and the rock material logged continuously on a meter at the surface. Examples: electric log, radioactivity log, sonic log, temperature log. (27) LEASE TANK shall mean the sank or other receptacle into which the oil is produced, either directly from a well or from a well through gas sperator, gun barrel or similar equipment. (28) MONTH and CALENDER MONTH shall mean the period or interval of time from 7 a.m. on the first day of any month of the caleddar to 7 a.m. of the first day of the nexy suceeding month of the calendar. (29) MUD PIT shall mean a pit or tank utilized to contain mud-laden fluid. (30) OIL AND GASS ADMINISTRATOR (see ADMINISTRATOR) (31) OPERATOR shall mean any duty authorized person who is in charge of the development of a lease and/or is the operator of a producing well. (32) PIPELINE or PIPELINE SYSTEM shall mean all parts of a carrier's physical facilities through which oil, gas or products move in transportation, including, but not limited to the following: line pipe, valves and other appurtenances connected to line pipe, pumping stations, fabricated assemblies associated with pumping stations, metering and delivery stations and fabricated assemblies therein, and carrier-controlled tankage. (33) PRESSURE MAINTENANCE shall mean the following: (a) The reintroduction of gas or liquid produced from an oil or gas well to maintain the pressure of the reservior; (b) The introduction of gas or liquid of gas or liquid for the same purpose but obtained from an outside source. (34) PURCHASER shall mean any person who directly or indirectly purchases, transports, takes, or otherwise removes production to his account from a well, lease, or common source of supply. (35) RESERVE PIT shall mean a pit or tank utilized for reserve storage during drilling. (36) RESERVE CIRCULATION (See CIRCULATION) (37) SPERATOR shall mean an apparatus for seperating oil, gas, water, etc., with relative efficency as it is produced. (38) SHUT IN PRESSURE shall mean the pressure noted at the well head when the 16C-25.03 1984 ANNUAL SUPPLEMENT 70 well is completely shut in. Not to be confused with BOTTOM-HOLE PRESSURE. (39) SPECIFIEC MINIMUM YIELD STRENGTH shall mean the minimum yield strength expressed in pounds per square inch, prescribed by the specifications under which the material is purchased from the manufacturer. (40) SUBMERGED LANDS shall mean those lands within the public domain of the State of Florida that are overlain by the waters of the Gulf of Mexico, the Atlantic Ocean, the bays and other bodies of water connecting to the Gulf of Mexico and the Atlantic Ocean which are subject to the ebb and flow of the tide and inland rivers and lakes of the state. (41) SURGE PRESSURE shall mean pressure produced by a change in velocity of the moving stream that results from shutting down a pump station or pumping unit, closure of a valve, or any other blockage of the moving stream. (42) TOXIC GAS shall mean any natural gas containing more than 50 ppm of hydrogen sulfide. (43) TYPE I WELL (or LOCATION) shall mean a well which flows naturally (without artifical lift) and which has a gas-oil ratio greater than 200 cubic feet of gas per barrel of oil or whose produced fluids contain more than 50 parts per million of hydrogen sulfide. (44) TYPE II WELL (or location) shall mean a well or location not classified as a Type I. (45) TUBINGLESS COMPLETION shall mean any well equipped with 4 1/2 inch OD or smaller producton casing and which is produced by flow to the surface through the production casing without tubing. (46) WATERS shall include all ground waters within the state as well as the surficed water of Florida contained lakes, rivers, swamps, marsh basins, or territorial waters of the state. (47) WELL COMPLETION DATE (COMPLETION DATE) (48) WELL RECORD (DRILLERS LOG) shall mean the written record progressively describing the pirana, water, oil or encountered in drilling a well with such additional information as to gas volumes, pressures, rate of fill-up, water depths, caving strata, casing record, tests, etc. as is usually recorded in the normal procedure of drilling. (49) WELL SITE shall mean the general area around a well which has been disturbed from its natural or existing conditon, as well as the drilling or production pad, mud and waer curculation pins, and other operation areas necessary to drill for or produce oil or gas. (50) WETLANDS shall mean the lands of the State of Florida which are either overlain by the waters of the intermittent lakes, swamps and marshes, or by waters which are impounded by the State of Florida. (51) WORKOVER shall mean an operation with a workover rig involving a deepening. plugback, repair cement squeeze, perforatoin, hydraulic fracturing, acidizing, or other chemical treatment which is performed on a formaion in a production, disposal or injection well in order to restore, sustain, or increase production, disposal, or injection rates. (52) FRESH WATER shall mean any surgace or ground waters of the state whose quality is such that it be suitable for potable water use or have a total dissolved solids content of less than 10,000 milligrams per liter. Specific Authority 377.22(2)FS. Law Implemented 377.19, 377.22(2)FS. History-New 11-26-81 Amended 4-12-83, 8-1-83: 16C-25.03 Orders. In addition to these rules, the Board, from time to time, may issue Orders which govern exploration, drilling or production of oil gas, or other petroleum resources. (1) An order shall be limited to a single identified unit, field or pool. (2) An Order may be issued to: (a) Impose increased or additional requirements upon owners or operators; or (b) Define an area included in a field, pool or unit' or (c) Define an area considered a proven field; or (d) Limit the total amount of oil as gas which may be produced in the state when the market demand is less than the possible production and to prevent waste; or (e) approve activities for an area, field or pool which may be approved for an individual well; or (f) Impose requirements to prevent or respond to an eminent, existing, or immediate past emergency situation. (3) An order shall not abrogaic or alter any requirement of Chapter 16C-29, or 16C.30, F. A. C. Specific Authority 377.22 FS. Law Implemented 377.22 FS. History - NEW 11-26-01 71 1984 ANNUAL SUPPLEMENT 16C-25.04 Reports. (1) The person who is responsible for filing required reports relating to the exploration, drilling or production of oil, gas,or other petroleum products shall address the reports to: Oil and Gas Administrator, 903 West Tennessess street,Tallahassee, Florida 12304 (2) All required reports shall be submitted only through the medium of United State Mail. It is unlawful to transmit or recive the required reports in any other manner. (3) Every producer of oil and gas in the state shall submit a monthly report of actual production from each and every well operated by him. The monthly reports shall be submited to the Adminsurator within one month of the report period. Specific Authority 377.22 FS. Law Implemented 377.21, 377.22 FS History-New 11-26-81. 16C-25.05 Inspections. The administrator has jurisdiction over all persons and property necessary to administer and enforce effectively the provisions of the Act and these rules. In furtherance of the duty to effectively manage the oil and gas resourees of the state and to prevent waste the following requirements shall apply to all persons: (1) All person holding permits for the exploration,drilling or operation of oil or gass wells shall allow the Administrator or his agent to examine properties,paper, books, record, equipment or other information, items or location pertaining to such permits in order to determine whether the applicant can comply or is complying with requirements of the laws and rules relating to oil and gas (2) All owners and operators shall allow the Administrator or his agent to inspect all operations relating to the exploration, production, and transportation of petroleum products, including the real property upon which such operations are conducted or proposed to conducted. (3) The administrator or his agent shall inspect papers, books, records, and other documents during regular office hours of the applicat owner or operator. In the event of an emergency, the Administrator or his agent may inspect these documents at any time. (4) The Administrator or his agent may inspect an exploration or production site at aly time with or without notice. Specific Authority 377.22. FS Law Implemented 377.21,377.22 FS. History-New 11-26-81. 16C-25-06 Permits Each person who intend to undertake exploration for,production or transporation of oil or gas or other petroleum products shall first obtain a permit from the Department of Natural Resources. (1) Permits for exploration or production shall be issued by the Governor and Cabinet where the surface rights or mineral rights are publicly owned in whole or in part, on or over submerged lands; and within the big Cypress Area of critical State Concern. Permits shall be issued by the Executive Director where the surface rights and mineral rights are privately owned. Ordinarily a single permit will be issued for all activities related to exploration and production, including the rights to transport test oil for maximun of 60 days and permission to abandon and plug a well after complying with provisions of Rule 16C-29.09. However, the department reserves the right to restrict a permit to only a portion of the activities,and to require an operator to return to seek permits from the department for addistional work to be conducted. (2) Drilling and operating injection well, abandonment and plugging activities and geophysical activities all require separate permits pursuant to the requirements of the rules of the division. (3) Permits for transportation of petroleum products, other than transporation of test oil as set forth in (1) above, produced pursuant to a permit issued by the department, shall be issued or denied by the Executive Director (4) When the department is considering an application for any activity relating to exploration for or production of oil or gas,the bureau may hold a public meeting, it there is submanial public interest in the activities which are the subject of the application, prior to taking final agency action on the application. Specific Authority 377.22 FS Law implemented 377.24 FS History-New 11-26-81. Amended 8-1-83. 16c-25.07 Amendments to Permits. (1) The department recognizes that, due to the mature of oil and gas resources, an operator may encounter unexpected circumstances while undertaking exploratory or production activies. (2) The Administrator may amend a permit to allow alternate measures, to the extent that iit is necessary unexpected circumstances, provided such changes 16C-26.01 1984 ANNUAL SUPPLEMENT meet the following requirement: (a) The change is consistant with best management practices of the industry. (b) The change will continue to or is necessary to, conserve oil or gas resources. (c) The change will continue to, or is neccessary to, conserve the other natural resources in the area. (3) In no event may the Administrator approve measures which will reduce the protective measures in the permit or as set forth in Chapter 16C.26 through 16C-30, F.A.C Specifc Authority 377.22 FS History- New 11-26-81 16C-25.075 Enforcement Actions. (1) The department may begin enforcement action on its own intitiative or when a citizen files a written complaint with the department. (2) If a intital investigation indicates sufficient evidence of a violation of a statute, rule, or permit condition to warrant insituting enforcement procceedings, the bureau shall notify the public of its intent at the time the enforcement proceeding are begun. Specific Authority 377.22 FS Law Implemented 377.21, 377.34, 337.35, 377.36 FS. History- New 8-1-83. 16C-25.08 Forms. The following forms are required to be filed by the opeartor as prescribed in the applicabel rule, and they are available free of charge from the administrator. DNR 51-001(16) - Orgainization Report (See Rule 16C-26.01) (Oil/Gas Form No.1) DNR 51-002(16)-Plugging and Site Restoration Bond for Single Well (See Rule 16C-26.02(1))(Oil/Gas Form No2A) DNR 51-003A(16)-Application for Permit to Drill (See Rule 16C-2603 or 16C-29.02)(Oil/Gas Form No. 3) DNR 51-003A(16)-Notice of Change of Operator (See Rule 16C-26.06)(Oil/Gas Form No 3A) DNR 51-030(16)-Apllication for Permit to Perform Geophysical Exploration (See Rule 16C.26.07) (Oil/Gas Form No.4) DNR 51-031(16) - Bond for Geophysical Exploration on State Lands and Areas of Critical State Concern (See Rule 16C-26.07) (Oil/Gas Form No 5) DNR 51-032(16)- Geophysical Rider (See Rule 16c-26.07) (Oil/Gas Form No.5A) DNR 51-033(16)- Geophysical Exploration Data (Offshore) Daily Report (See Rule 16C-26.07) (Oil/Gas Form No 6) DNR 51-034(16)-Notice of Completion of Geophysical Operation (See Rule 16C-26.07)(Oil/Gas Form No. 7) DNR 51-004(16) Well Record (See Rule 16C-27.02)(Oil/Gas Form No 8) DNR 51-005(16) - Well Completion Report (First Production or Retest Report) (See Rule 16C-28.10)(Oil/Gas Form No. 9) DNR 51-006(16) - Monthyly Well Production and Test Report (See Rule 16C-28.11)(Oil/Gas Form No. 10) DNR 51-008(16)- Monthly Producer's Natural Gas Report (See Rule 16C-28.13)(Oil/Gas Form No 11) DNR 51-007(16)- Producer's Report of Condensate Produced from Gas Wells (See Rule 16C-28.13) (Oil/Gas Form No 12) DNR 51-009(16)- Monthly Transporters and Storers Report (See Rule 16C-28.13)(Oil/Gas Form No.13) DNR 51-010(16)- Producer's Certificate of Compliance and Authorization to Transport (Oil, Gas, Sulfur) (Oil/Gas Form N014) DNR 51-011(16)- Notice of Intention to Abandon and Plug Well, and Restore Site (See Rule 16C-29.09) (Oil/Gas Form No.15) DNR 51-012(16)- Affidavit on Plugging Completion and Restoration of Site (See Rule 16C-29.10) (Oil/Gas Form No. 16) Specific Authority 377.22 FS Law Implemented 377.21, 377.22 FS. History- New 11-26-81 Amended 4-12-83. CHAPTER 16C-26 CONSERVATION OF OIL AND GAS: PERMITTING 16C.26.01 Organization Reports (Form No 1). Every person engaged in seismic operations or the drilling, production, storage, transporation (except common carriers), reclaiming, treating or processing of crude oil natural gas shall immediately file with the Administrator on 73 1984 ANNUAL SUPPLEMENT 16C-26.03 Form No I the name under which such business is being operated or conducted; the name and post office addres of such person: the business or businesses in which he is engaged; the plan of organization and, in case of a corporation, the law under which it is chartered; and the names and post office addresses of any person acting as trustees, together with the names of the manager, agent of executive thereof, and the names and post office addresses of any officers and directors thereof. In cases where such businesss is conducted under a fictionous name, such report shall show the names and post office addresses of all owners in addition to the other information required. Within 30 days after any change occurs as to facts stated in the report filed, a supplementary report shall be filed with the Administrator with respect to such change. Specific Authority 377.22 FS Law Implemented 377.21 FS History - New 11-26-81. 16C-26.02 Bonds (Form No. 2 and 2A) (See also Rule 26.07(2)). (1) Before any owner of operator shall be granted a permit to drill any well in search of oil or gas in Flordia, the owner of operator shall post a bond (Form No 2 or 2A) with the Administrator, payable to the State of Florida in an amount as hereafter set forth, executed by the owern or opeartor, as principal, and a surely approved by the General Counsel of the department, conditional upond the requirement that the said owner or operator shall plug the well and restore the location in compliance with the rules and regulations of the Board and with the laws of the State of Florida. (2) The amount of the bond for each well shall be in accourdance with the following relationship of footage: DEPTH OF FOOTAGE AMOUNT OF BOND REQUIRED 0- 7,000 $25000 7,001 - 14000 $50,000 14,001 or more $100,000 (3) In lieu of furishing a separate bond for each particular well, and owner or operator my file with the Administror a blanket bond for all operations within the state in the amount of Two Hundred fifty Thousand Dollars ($250,000.00). (4) The department reserves the right to require a large bond or a saparate bond in addition to the single well or blanket bond for a particular well where the circumstances indicate that the standard bond would not be sufficient to cover potential damage costs Specific Authority 377.22 FS Law Implementied 377.22, 377.244 FS History- New 11-26-81 16C-26.03 Application to Drill (Form No. 3). (1) No person shall begin any work other than surveying at a site of a proposed drilling operation of any injection well or test wellin seach of oil or gas with out a permit to drill issued by the Governor and Cabinet or Executive Director as specified in Rule 16C-26.06. A separate application shall be issued for each proposed well. (a) When issued, a permit is valid for one year from the date of issuance. The date of Issuance is the date the application for a permit is approved by the Governor and Cabinet or the Executive Director. (b) If permitted activities are not begun within the first 180 day period from the date of issuance, the permit shall expire unless the permit holder notifies the Administrator in writing, prior to the 180 deadline, that it intends to begin activities within the nest 180 days. Upon receiving written notice from the permitholder, the Administrator may extend the permit until the end of the one year period, subject to all the terms and conditions of the original permit. No additional fee is required for this extension. (c) Subsequent requests for extensions beyond the one year period shall be treated as new applications. (d) Once the permitholder has begun permitted activities the time is called and permit is valid so long as the permitted activites are continuous. Temporary abandonment, as provided in Rule 16C-29.09(4), shall not be considered to be an interruption in the permitholders activiies. (2) An Application to Drill (Form No. 3) shall be accompanied by a completed Organization Report (Form No. 1) and an approvded Bond for plugging, performance and sita restoration (Form No 2 or Form No. 2A) unless a current form is on file with the department (3) A site inspection shall be made by an agent of the Administrator and a report of this inspection shall be filed with the Administrator before an applicant may begin drilling any well in search of oil or gas. (4) The name and addres of the drilling contractor shall be included on the application to drill; otherwise this information, as soon as determined shall be 16C-26.03 1984 ANNUAL SUPPLIEMENT 74 75 1984 ANNUAL SUPPLEMENT 16c-26.04 supplied by letter to the Administrator. a dash and the letter N. S. E. or W (5) The proposed casing program must be respectively. Numbering of wells drilled on shown on or attached to the application to other size drilling units will be subject to action on such request. any activity that required frequent helicopter drill. The casing program shall include (12) The application shall describe the service should be designed or scheduled so as drill. The casing program shall include assignment by the Administrator. setting depths, casing size, weight per foot, provisions to be made for the location of roads to minimize disturbance to wildlife. During (7) Each application shall be and the laying of utility lines that might be nesting periods such activity should be kept to wall thickness and specified minimum yield accompanied by a location plat, drawn to a necessary, useful or convenient to and in a minimum or, if necessity requires, the strength. scale of one thousand feet (1,000) to the inch. connection with such drilling operations. department may cause the helicopter service (6 An application to drill an oil or gas (a) Any mineral acreage within the (a) Every effort shall be made to to be suspended or modified. well or an injection well in connection with drilling unit which is not under lease to the minimize the impact of roads and utility lines (d)Acess routes and location of facilities oil or gas production. shall designate the applicant must be clearly indicated. on the natural resources of the state, shall be located to avoid damage to name of the well operator, followed by the (b) The plats shall be constructed from including lands, waters, wetlands and endangered species and their habitat. name of the owner of the mineral fee of the data compiled by a registered civil engineer wildlife. Specific authority 377.22 fs law implemented tract upon which the well is located and the or surveyor and shall show the amount and (b) Wherever possible. utilities shall be 377.24 fs history-- new 11-26-81, amended well number. In the event the surface location location of the surface acreage with reference included in the transportation corridor. 8-1-83. is on a tract other than that of the bottom hole to quarter-section corners, or other (c) Where important to the nature, location. the owner of the mineral fee of the established lines, leases and offset wells. character and location of drilling area, roads 16c-26.04 spacing of wells. bottom hole location shall be designated. All (c) The plats must have the well location should be designed to lie lightly upon the (1) The spacing of wells in proved oil and gas fields may be wells drilled in the state shall be numbered in certification either written thereon or governed by special field rules for that particular field or the following manner. attached thereto and this certification must be land, using, whenever possible, natural support. or area, adopted as Orders by the Board. (a) Drilling unit of 160 arces : The signed by a registered professional engineer, 1. Existing roads shall be used wherever number of the governmental section in which qualified surveyor or a qualified engineer. (2) Wells drilled in areas not covered by special field rules shall be feasible. spaced as follows: the bottom hole is to be located, followed by a (8) Each application shall be 2 Improvements shall be kept to a (a)Oil-test wells to be drilled to a depth of less than seven thousand dash and a numeral 1 if in the northeast accompanied by a check or money order for minimum and every effort shall be taken to feet shall be located within 200 feet of the center of a drilling quarter of the section, a numeral 2 if in the $50.00. Checks or money orders shall be minimize the impact upon the resources of unit consisting of a governmental quarter/quarter section (40 acres, northwest quarter of the section, a numeral 3 made payable to the Florida Department of the area. plus or minus ten percent); an oil-test well to be drilled to a if in the southwest quarter of the section. and Natural Resources. There is no fee for 3. All roads shall be properly culverted, depth greater than seven thousand feet shall be located within 400 a numeral 4 if in the southwest quarter of the deeping feet of the center of a drilling unit consisting of a governmental section. Example:9-3 means in the bottom hole a well previously drilled under upon advice of a professional engineer as to quarter section (160 acres, plus or minus 10 percent). Board permit if the deepening is done prior to In the absence of a governmental sectional survey such size of drainage area, so that the natural flow units shalt be composed of the appropriate number of acres location is in the southwest quarter of section permanent plugging and abandonment. of in one continous tract, approved by the department. water is unimpeded and the resource is (b) Gas-test wells or gas wells shall be located 9. (9) A notice to deepen a drilling well protected. within 600 feet of the center of a drilling (b) Drilling unit of 40 acres: If a well is beyond the originally permitted depth may be 4. Before the construction of any road for unit consisting of a govermental (640 acres, located on a drilling unit consisting of 40 made to the Administrator or his agent orally, use in connection with any drilling plus or minus 10 percent). In the absence of a acres, an additional numeral will be added to but such notice must be confirmed In writing. operations, a detailed plan thereof must be governmental survey such unit shall be composed designate the quarter/quarter section. The Resubmitial of Form No. 3 is not required. submitted to the Administrator for approval. to the appropriate number of area in one continuous digit used shalt be 1 for northeast, 2 for (10) A notice to sidetrack a drilling well to 5. Where necessary to protect the area, area. northwest, 3 for southwest, 4 for southeast bottom hole location which will remain the department may require the removal of (c) The drilling unit upon which a well is located shall quarter/quarter section in a similar manner within permissible distance of the unit roads upon completion of exploration of meet the following requirements: as that used to designate the quarter section. boundary may be made to the Administrator production activites. 1. The area assigned to the drilling unit shall [Example: 9-31 means the bottom hole or his agent orally, but such notice shall be (13) Wildlife and fish protection. contain no other drilling or producible well in location is in the northeast quarter of the confirmed in writing. Rebubmittal of Form (a) All operations preparatory to drilling the same southwest quarter of section 9. No. 3 is not required. shall be conducted in accordance with good 2. The drilling unit upon which the well is located (c) Irregular drilling units: if a well is (11) An operator must obtain written shall not be attributed in whole or in part to any and accepted oil field and engineering other drilling or producible well in the same drilled on land which has no been surveyed permission from the department prior to practices and in such manner that the habitat into townships and sections, the numbering undertaking the following action: and movement of wildlife, fish and other reservior except where provided for by special field of the well within the unsurveyed area may (a) Siderocking a drilling well to a aquatic life are not unnecessarily disrupted. rules. be proposed by the applicant and will be bottom hole location outside the well unit 3. The shape of each unit shall be such that all diagonala assigned by the Administrator. If a well is boundary. Submittal of Form No. 3 is (b) As part of the application review lie wholly within the unit, with the length of the longest process the Administrator may require that a diganoal not exceding 125% of the number feet of diagonal of a drilled in a unitized field, on irregular required. professional ecological determination be square contain number spacing the applicant may propose a (b)Sidetracking a well which has been furnished in order to determine the resulting numerical designation with final assignment previously drilled and plugged and effects on the resources, including such made by the Administrator. Where feasible, abandoned before commencement of the permit application should follow the operations. Submittal of Form No. 3 is aspects as vegetation, wildlife habitat and required. mobility, drainage and stream flow. A numerical designation in rule (c) Reentering a well which has been Professional egological statement deemed 16C-26.03(6)(a) and (b). previously drilled and plugged and sufficient by the Administrator may be sufficient by the Administrator may be required befor consideration will be given (d) Drilling units in excess of 160 acres: A well drilled on a 320 acre drilling unit, in abandoned before commencement of any request for a permit to drill in a National either the north half, south half, east half or operations. Submittal of Form No. 3 is Forest or Park, State Forest or Parks, or upon required. west half of a governmental section, will be Other sensitive areas if required by the by the section number followed by The department shall take final agency department. (c) Drilling sites and routes of access and ding 16C-26.06 1984 ANNUAL SUPPLEMENT 76 77 1984 ANNUAL SUPPLEMENT 16C-26.07 Specific Authority 172.22 FS Law Implemented (1) An application on Form No. 3A; is fixed as the fee for processing a permit to of acres within the unit. 377.25. 177.26 177.27 FS History-New (2) An affidavit of ownership or control; conduct geophysical operations. 4. The bottom hole location of any 11-26-81. (3) Organization report on Form No 1, if (e) Two plat maps: a detailed plat map produring well shall meet the spacing Library References: Leasing Oil and Gas Rights: not already on file and current; showing the location of lines along which requirements set forth above. Where such Landowner's Perspective. Wm. L. Blackwell. 57 (4) A bond on Form No. 2 or 2A, which geophysical operations are to be conducted, exception occurs which has not been Fla. Bar J. 615 (November, 1981). ever shall be appropriate, if such and a generalized plat map showing an area approved as a condition of the drilling 16C-26.05 Additional Requirements. requirement has not been fulfilled as within which are located the lines along restricted by the Board to insure protection of (1) No permit to drill a gas or oil well prescribed in Rule 16C-26.02. which geophysical operations are to be correlative rights of adjacent mineral owners. shall be granted within the corporate limits of The change of operator will become conducted. Onshore plat mats shall use as a (3) When a well is permitted as an oil-test any municipality, unless the governing effective after notice of approval by the base map the Florida Department of and is drilled in conformity with the authority of the municipality shall have first Administrator. Transportation County General Highway provisions of subparagraphs (2)(a) and (c) duly approved the application for such Specific Authority 377.22 FS Law Implemented Map -- scale 1 inch- 2 miles except in but is completed as a gas or gas-condensate permit by resolution. 377.19. 377.21 377.22 FS History-New regional geophysical operations consisting of well, it shall not be produced except to (2) No permit to drill a gas or oil well 11-26-81. survey lines on road right of ways which shall provide fuel for other lease operations or for shall be granted at a location in the tidal 16C-26.07 Geophysical Permit be submitted on appropriate United States testing the well for a maximum period of waters of the state, abutting or immediately (Oil/Gas Form Nos. 4 through 7--DNR Geological Survey topographic maps (scale fifteen (15) days, until the Administrator adjacent to the corporate limits of a Form Nos. 51-030(16) through 51-034(16)). 1:250.000 or 1:500.000). Survey lines on determines, after notice and opportunity for municipality or within three miles of such (1)Intent. It is the intent of the highway right of ways shall be shown in a hearing, that the correlative rights of the corporate limits of such waters, unless the department to permit geophysical operations different symbol from offroad survey lines. adjacent mineral owners will be adequately mean high tide int such waters, unless the in search of naturally occuring oil, gas, or Offshore plat maps shall be on an protected. governing authority of the municipality shall minerals in Florida provided that this activity appropriate base. Fifteen(15) copies of the (4) The Board may grant exception to have first duly approved the application for is conducted in a manner which minimizes or detailed plat map and thirty(30) copies of the permit drilling within shorter distances or on such permit by resolution. prevents the destruction of or injury to the generalized plat lmap are required. Plat maps different units than those prescribed in this (3) No permit to drill a gas or oil well environment and the natural resources of the are to be accompanied by a detailed rule, whenever the Board determines that shall be granted on any improved beach, State of Florida. This regulation shall govern explanation of the geophysical activities to be such exceptions ar necessary, that the unit is located outside of an incorporated town or any and all geophysical activities utilized in conducted, including but not limited to the partly outside the pool, or for some other municipality, or at a location in the tidal the exploration for hydrocarbons, including following: reason that a well approximately in the waters of the state abutting or immediately scismic, core drilling, or other type 1. Number of crews; center of the unit would be unproductive, or adjacent to an improved beach, or within exploration work (whether or not involving 2. Compostion of crews (personnel); when topographical conditions are such as to three miles of an improved beach, as defined the discharge of explosives) on or in uplands, 3. Equipment; make the drilling approximately in the center in Section 337.24(8), Florida Statutes, wetlands, submerged lands, or the water 4. Work schedules; of the unit unduly burdensom or said extending from the line of mean high tide into column above State lands in the State of 5. Energy sources(s); location may constitute a hazard to waters, such tidal waters, unless the county Florida. 6. Storage, transportation and use of wetlands or wildlife. commissioners of the county in which such (2) Applications. No person shall engage explosives; (a) The exception application may be beach is located shall have first duly approved in geophysical operations in Florida until 7. Fire equipment; accepted by the Administrator if waivers of the application for such permit by resolution. that person has filed with the Administrator 8. Shot hole drilling and plugging objection are received from all offsetting (4) No structure intended for the drilling an application and received a permit for such procedures and equipment; operators and mineral owners to whom for or production of oil, gas or other operations. The department will forward 9. Specialized equipment for wetlands notice would be given. petroleum products may be constructed on information copies of each application to the traverses; (b) Where waivers are not forthcoming, submerged lands within one mile seaward of Department of Environmental Regulation, 10. Proposed track routes for vehicles in such exception may be granted by the Board the coastline of the state or as otherwise the Marine Fisheries Commission, the Game wetlands; only after at least thirty(30) days of notice provided in Section 377.24(7), F.S. No such and Fresh Water Fish Commission, and the 11. Land clearing (procedures and and opportunity for a hearing to all adjoining structures shall be constructed within one Water Management Districts in whose extent); lessees affected thereby have been given and mile of the seaward boundary of any state, juridsiction the proposed activities will be 12. Site reclamation. after the Board has determined that an local or federal park, aquatic or wildlife located, with the understanding that (1) A clear indication as to which portions exception to such rule is necessary. preserve, or on the surface of fresh water information covered by Section 377.2408, of the application the applicant considers to (c) When exception to such rule is lakes, rivers and streams. No permit shall be Florida Statutes, will remain confidential. be confidential under Section 377.2408, desired, application therefor shall be made to granted within one mile inland from the The application shall include: Florida Statutes. the department on a form authorized by the coastline unless the Board is satisfied that the (a) An application for a permit to perform (g) A statement, in general terms, of the plat (see Rule 16C-26.03(7)) which estuaries, beaches and shore areas of the state geophysical operations (Oil/Gas Form No. 4 location in which the operation is intended to accurately shows the scale and the property will be adequately protected in the event of --DNR Form No. 51-030(16)). be conducted shall be provided. This on which is sought the permit to drill a well accident. (b) An Organization Report of the statement shall be available for public under an exception to these rules, and which Specific Authority 377.22 FS Law Implemented company (Oil/Gas Form No. 1-- DNR distribution accompanying the generalized accurately shows to scale all other 377.24, 377.242 FS History--New 11-26-81. Form No. 51-001(16). plat map. completions, drilling and permitted wells on 16C-26.06 Change of Operator (Form (c) A bond if operations are to be (h) Proof of legal permission to conduct said property and all adjoining surrounding No. 3A). Any person or persons wishing to conducted on state lands or areas of criticl geophysical operations on the lands described properties and wells, including the lessor and become the new operator of a well or wells state concern. in the application in the form of an affidavit the lessee. must submit: (d) An application fee in the amount of affirming that permission has been or will be Five Hundred Dollars ($500.00) which sum obtained from the surface and mineral 16C-26.07 1984 ANNUAL SUPPLEMENT 78 79 1984 ANNUAL SUPPLEMENT ownership. (b) Unless site Governor and Cabinet staging areas. Corps of Engineers and (3) Permits: deem otherwise, the amount of the bond for (b) Wetlands, submerged lands, and Guard. (a) Applicable to private lands shall be each operation shall be Twenty-five water column. In addition to the conditions g. All explosives, caps and primers will be granted, granted with conditions, or denied Thousand Dollars ($25,000.000) for each set forth above, geophysical activities in handled and stored in accordance with the by the Executive Director. field party of a permitted operation. wetland areas, on submerged lands, or in the regulations of the U.S. Coast Guard. (b) Applicable to state lands within a (c) In lieu of furnishing a separate bond water column above state lands shall be h. Non-enclosed explosive energy highway right of way when only a vibrating for each field party of a permitted operation, conducted in the floolowing manner: sources, such as dynamite and ammonium energy source would be used shall be granted, an applicant may file with the Administrator 1. Use of vehicles. Vehicles shall not be nitrate, may be use in lieu of sleeve enclosed granted with conditions, or denied by the a blanket bond for all operations on state used on wetlands or submerged lands unless explosive energy sources only if the applicant Executive Director. lands or waters or in areas of critical state the applicant demonstrates to the department satisfactorily demonstrates that sleeve (c) Applicable to state lands other than concern in the amount of One Hundred that there is no other practical alternative. If enclosed explosive energy sources would not those addressed in (b) above, or to the water Thousand Dollars ($100,000.00). or when vehicles must be used: be effective. Non-sleeve explosive energy column above state lands, or within areas of an applicant has on file with the department a. Only vehicles which minimize surface sources shall not be used in heavy fog. critical state concern shall be granted, a blanket bond as prescribed in Rule impact as determined by the department i. Where explosive energy sources are granted with conditions, or denied by the 16C-26.02(3), F.A.C. (Oil/Gas Form No. shall be used on wetlands. used, the Administrator may require that an Governor and Cabinet. 2A--DNR Form No. 51-002a(16)), such b. Vehicle routes shall be chosen which agent of the department witness the shooting. (d) Applicable to lands involving both bond may serve to satisfy the requirements of minimize environmental damage. The agent has the authority to stop any private and state ownership shall be granted, Rule 16C-26.07(4), F.A.C. if the Rider to c. Vehicles shall avoid submerged particular shooting if, in the agent's opinion, granted with conditions, or denied by the Cover Geophysical Operations (Oil/GAS grassbeds. it will violate department statutes or rules. Governor and Cabinet. In the event that a Form No.5A -- DNR Form No. d. Vehicles shall avoid dense stands of j. Before any explosive is discharged, the geophysical operation conducted on private 51-032(16)) has been approved by the surety vegetation where possible. permittee shall have installed a fish finder, lands contains survey lines which in part company and is on file with the department. e. Vegetated wetlands shall not be used fathometer or other fish-locating devise in cross state lands (i.e., state owned rivers or (5) Operational Requirements: for staging areas unless the applicant such a way as to avoid fish or other wildlife streams), the operation may be permitted by (a) Uplands. It is the intent of these demonstrates to the department that there is kills. The permittee shall employ any the Executive Director provided that no regulations that all areas covered by no other practical alternative. reasonable method to frighten and drive drilling of holes or detonation of charges is to geophysical activities will be returned, as 2. Use of vessels. away the fish and marine life which may be take place on state lands and the applicant much as possible, to their condition prior to a. No vessels shall operate within one(1) in the area where the shot is to be fired. If a provides assurance that no damage to the those activities. All geophysical activities are mile of areas designated by the department to school or schools of fish persist in the area, environment will result from the crossing. to be conducted in a manner: be an active manatee habitat. shooting shall be suspended in that area until (e) Applicable to marine areas shall 1. Which shall avoid all envrionmental b. All motor vessels and ships used in the school of fish has been driven away. involve no more than one Florida Marine damage, and which will result in the geophysical explorations shall be clearly k. The permittee shall report Patrol Region as established by the minimum possible disturbance of the site or marked as to identity and activity and shall immediately to the administrator or his department. The permittee shall notify the sites covered. fly such warning signals as required by U.S. representative any fish kill which occurs in officer in charge of the Region Office before 2. Which will minimize interference with Coast Guard regulations for ships engaged in conjunction with geophysical operations. conducting any activities in that Region. breeding season activities where the dangerous operations. Additional reports may be required by the (f) When issued, a permit shall be valid permittee is aware, or is made aware, of those c. The permittee or his authorized Florida Department of Environmental for 180 days from the date of issuance, activities by the department, other representative shall notify the Administrator Regulation and the Florida Marine Patrol. provided however, if actual geophysical governmental agency, or private individual. of the date of beginning, of any period of The permittee is responsible for the retrieval activities ar not begun within the 180-day 3. Which whall avoid damage to areas of interruption, and of the date of of and disposal of any fish killed. period from date of issuance the permit may habitat for threatened or endangered species work in any area, and shall keep the l. Daily reports on geophysical activities be renewed by the Administrator for an of plants or animals where the permittee is Administrator or his agent informed of his using explosives shall be compiled by the additional 180-day period. No fee is required aware, or is made aware, of those activities by name and address, and location and permittee and filed with the Administrator for renewal. the department, other governmental agency, movements of the crew and quarter boat. on forms provided by the department (4) Bonds: or private individual. d. The permittee or his authorized (Oil/Gas Form No.6--DNR Form No. (a) If geophysical activities are to be 4. Which shall avoid disturbance of areas representative will furnish the Administrator 51-033(16)). A separate report shall be filed conducted on state lands or in areas of critical containing an active rookery or eagle's nest or his agent with transportation facilities, if for each day whether or not shooting is in state concern, the applicant shall post a bond where the permittee is aware, or made aware, needed, to enable hime to visit the working progress. These reports shall furnish with the Administrator, payable to the State of those activities by the department, other area. complete information as indicated on the of Florida. The bond shall be executed by the governmental agency, or private individual. c. The permittee shall use reasonable report form and must be signed by the applicant as principal, must have a surety 5. So that all cutting, clearing or other precaution in accordance with approved and permittee or his authorized representative. which is approved by the General Councel of vegitation disturbance, and all displacement accepted methods to prevent destruction of or The permittee shall supply any other the department, and which is conditional that of soil, shall be no more than the minimum injury to marine mammals, turtles, oysters, information requested by the Administrator the applicant shall procect state lands and necessary to conduct the permitted activities. shrimp, fish and other aquatic life, or other or his agent. areas of critical state concern upon which 6. Which shall avoid times of very high natural resources. m. No detonation of explosive charges geophysical activities are conducted from the and extreme fire danger as determined by the f. All pipes, buoys, markers, and towed will be allowed: failure of the applicant to comply with these Florida Division of Forestry. Each field energy sources used in connection with (i) Within a radius of 500 feet of any regulations or the laws of the State of Florida party shall have fire control equipment at the geophysical operations shall be properly structure, approved or conditionally (Oil/Gas Form No. 5--DNR Form No. site at all times. flagged in the daytime and lighted at night approved shellfish are in the 031(16)). 7. Which shall avoid coastal dunes according to the navigation rules of the U.S. Florida Department of Natural Resources 16c-26.07 1984 ANNUAL SUPPLEMENT 80 81 1984 ANNUAL SUPPLEMENT 16C-27.02 Shellfish Harvesting Area Alias, or of any five feet above the bottom of the water bed. coral reef as defined in Rule 16C-30.01. F. A. All charges suspended in water: (b) Any hole which is drilled shall be post and keep posted in a conspicuous place C. (i) Shall be designed to disintegrate and plugged in accordance with appropriate rules near the well. the name of the person drilling. (ii) Within one (1) mile of a natural pass neutralize within a short time. and regulations of the water management operating, owning or controlling the well, the jetted pass, fish pass, or river mouth unless (ii) Using inflated floats, shall use two district of jurisdiction. Where there are no name of the lease or property owner, the properly buried. floats, each capable of supporting the shot at applicable water management district number of the well and the number of the (iii) Within one-hair (1/2) mile of an the proper depth. regulations, holes shall be plugged with department permit for the well, together with active rookery or eagle's nest (iii) Which fail to discharge shall be cement or material of equal competence from the name of the county, the section, township (iv) within one (1) mile of a recreational removed from the water if this. in the opinion total depth to within five (5) feet of the and range, or other political subdivision. the beach (when sleeve enclosed explosive energy of the permitee, can be done without danger ground surface except where the applicant obligation to maintain a legible sign remains sources are used this distance may be reduced to any member of the party. every effort must can demonstrate an acceptable alternative until the well is plugged and abandoned. to one-half (1/2) mile). be made to detonate, neutralize, or make safe plugging program. the upper two and specific authority 377.22 fs. law implemented (v) within one-half (1/2) mile of any charges which cannot be recovered. attached one-half (2 1/2) feet of hole shall be plugged 377.22 fs history- new 11-26-81 commerical fishing boat, property marked floats must be detroyed or removed. as specified in a (a) above. according to u. s. coast guard o. charges buried beneath the bottom: an affidavit on plugging completion shall 16c-27.02 well record (form no 8) specifications, on station and harvesting its (i) if through pipe, may be discharged be required for holes that are described above (1) during the drilling of every well, the product, or within one-half (1/2) mile of with the pipe in place provided the pipe is (oil/gas form no. 16- dnr form no. operator shall keep at the well a daily unattended fishing gear, such as lobster, blue secured to a float or other device to prevent its 51-012 (16). detailed and accurate written record of the or stone crab lines marked as required by loss. (7)reclamation. when geophysical well. this record shall be accessible to the chapters 16n-3 and 16n-19 f. a. c. (ii) may be left in place overnight activities under any permit have been department's agents during all working grouper and snapper banks shall be avoided provided all wires are properly shunted, the concluded the permittee shall remove from hours and during times of emergency. wherever possible, and if shots must be taken, charges are anchored, and the location is not the site all trash, debris, equipment and (2) the record shall be furnished to the every care shall be taken to frighten the fish within one half (1/2) mile of any shoreline materials resulting from the permitted administrator within thirty (30) days after away from the area for the time of detonation. generally open to the public. activity. the permittee shall reclaim the area reaching total depth of the well upon (vi) within one-half (1/2) mile of an p. all geophysical parties using pipe must to the general condition and contour similar department form no. 8. the well record operating private or charter fishing boat have clearly stamped at each end of each joint so that in existence prior to the permitted shall describe progressively the strata, water without notice being given to such boat so that the name or abbreviation of the name of the activities. the operator shall notify the and oil or gas encountered in drilling a well it may move from the area. operator using the pipe. administrator using oil/gas form no. 7 with such additional information as to (vii) when explosive charges exceed 50 q. the minimum required depths of (dnr form no 51.034(16)) when adnormal pressures, zones of lost circulation, pounds except as approved by the charges detonated in holes below the bottom geophysical and reclamation activites are caving strata, casing record, as are usually administrator after the permittee has shall be as follows: concluded. recorded in the normal procedure of drilling. satisfactorily demonstrated that charges of (i) 1 pound or less 10 feet below the bottom (8) revocation of permit. any violation (3) each operator collecting less than this amount have failed to provide a up to 5 pounds 20 feet below the bottom of these or any other valid rules, or the refusal representative samples (cuttings and cores if seismic profile of sufficient definition to be up to 20 pounds 40 feet below the bottom of any permittee or its employees to comply taken) shall not later than sixty (60) days useful; provided that these charges will be up to 30 pounds 50 feet below the bottom fully with all requirements which may be after completion of the well, deliver a detonated in a manner which does not disturb up to 40 pounds 60 feet below the bottom imposed by the department at the time the complete set, together with core analyses if the sea bed or destroy benthic organisms. up to 50 pounds 70 feet below the bottom operation is conducted, or any attempt to available, f. o. b. to the bureau of geology requests for the use of these charges must be in excess of 50 pounds 100 feet below the bottom unduly influence any agent ot abstain from 903 west tennessee stree, tallahasee made in writing to the administrator, giving (ii) no part of the charge shall be above the enforcement of these revocation of any florida 32304. the designation of the well the reasons why these charges are needed, the the minimum required depth. result in the suspension or revocation of any and the depth shall be plainly recorded on size of charges to be used, and the depth at (iii) variances in these required depths permit pursuant to section 120.60 , florida each sample and/or core. this requirement which they are to be suspended or buried. and charge sizes may be granted by the statutes, or may result in a first or second can be waived at the distretion of the should multiple charges be used, the total administrator after the permittee has degree misdemeanor charge, pursuant to administrator in field devlopment wells. amount of explosives should not exceed 50 demonstrated that these charges and depths section 370.021, florida statutes. (4) a record of all pounds unless there is compliance with the have failed to provide a seismic profile of specific authority 120.60, 370.021, 377.22, electrical, sonic, above procedures. sufficient definition to be useful and a 377.242 fs. law implemented 377.22, 377.2408 radioactivity, mechanical, (viii) when detonating cord is to be used variance would not result in any disturbance 377.2424, 377.2426 fs. history-new 5-10-84. and similar wireline logs, except as a single strand, and the detonation of the sea bed or benthic organisms. chapter 16c-27 including surveying of the force does not exceed that of one (1) ounce of (6) plugging. within 45 days after the conservation of oil and gas: well shall be maintained dynamite per foot of detonating cord. abandonment of any hole drilled as a part of drilling and two copies furnished the (ix) when the explosive charges are the permitted operation, it shall be the duty of library references: juergensmeyer & wadley, administrator within sixty directly on the bottom beneath the water the permittee to furnish the administrator fla. zoning- specific uses (the harrison (60) days after completion (see column. two (2) copies of a map in sufficient detail and company), 3-36. 16c-27.10). wherever a proposed well n. suspended charges. all charges not accuracy to allow for the inspection of the 16c-27.01 identification of wells, location is in excess of ten (10) miles from an detonated in holes below the bottom must be plugged holes. the hole(s) shall be plugged every person drilling for oil or gas in the existing well from which appropriate logs suspended and detonated at a point not below as follows: state of florida, or operating, owning or are available, the administrator may require the level midway between the surface of the (a) the upper two and one-half (2 1/2) controlling or in possession of any well resistivity and sonic logs of a quality water and the bottom underlying such water. feet of the holes shall be plugged with drilled for oil or gas, shall paint or stencil and comparable to the logs to be run in the no charges shall be suspended nearer than material native to the area remainder of the hole, to be run in the open hole before the surface casing is installed to 16C-27.05 1984 ANNUAL SUPPLEMENT 82 83 1984 ANNUAL SUPPLEMENT 16C-27.05 determine the fresh-water salt-water materials and high-pressure fittings and interface. A temperature and cement bond equipment necessary to insure the safety of (b) The operator shall make a reasonable The required setting depth below ground log may be required to determine the operating conditions and procedures. The effort to establish cement returns to the surface- True Vertical Depth (TVD) - in integrity of the cement to casing. Field prints design of the integrated casing, cementing, ground surface in wiling structural or feet is: or copies or the logs must be available to the drilling mud and blowout prevention conductor casing. If returns to the surface department's agent as the well site. program shall be based upon sound cannot be established, cement shall be Proposed Total (5) All samples, cuttings, cores, logs, and engineering principles, and must take into introduced into the annulus between the Depth of Well or well records shall be kept confidential for a account the depth at which various fluid or casing and the borehole to fill the annular Depth of First Full period of six (6) months after completion as mineral-bearing formations are expected to space as directed by the Administrator or his String of indicated on Form No.8. When the operator be penetrated, and the formation fracture agent. Intermediate requests in writing, stating reasons, the gradients and pressures expected to be (c) Surface casing. Casing (TVD) in department may keep such information encountered, and other pertinent geologic 1. Determination of proper depth for feet from Minimum confidential an additional twelve months. and engineering data and information about setting casing shall be based upon all geologic Ground Surface Surface Casing Specific Authority 377.22 FS. Law Implemented the area. factors including the presence or absence of 0-7,000 1.500 377.22 FS. History--New 11-26-81, Amended Specific Authority 377.22 FS Law Implemented hydrocarbons and fresh-water depths on a 7,000-9,000 1.750 4-12-83. 377.22 FS. History--New 11-26-81. well-for-well basis. The depth for setting the 9,000-11,000 2.250 surface casing string shall be determined by 11,000-13,000 3.000 16C-27.03 Mud Pits and Reserve Pits 16C-27.05 Casing. taking into account formation fracture 13,000-Below 3.500 (1) Before commencing to drill, mud pits (1) The operator shall case and cement all gradients and hydrostatic pressure to be (d) The intermediate casing shall be set or tanks of sufficient size to receive and hold a wells with a sufficient number of strings of contained within the well bore. The surface when required by anticipated abnormal volume equal to one and one-half (1-1/2) casing in a manner necessary to: casing shall be new pipe or reconditioned pressure, mud weight, sediment, or lost times the anticipated active fluid volume at (a) Prevent release of fluids from any pipe that has been tested and inspected to circulation. The intermediate casing shall be the surface shall be constructed for the stratum through the well bore, whether verify a new condition. new pipe or reconditioned pipe that has been reception of such materials. In National and directly or indirectly into the waters or onto 2. Surface casing shall be set at a depth tested, inspected, and verified as equal to a State Forests and Parks, in wetlands and the surface, except into pits or tanks provided and cemented in a manner necessary to new condition. A quantity of cement which is other environmentally sensitive areas, tanks for this purpose. protect all fresh-water aquifers and provide sufficient to cover and isolate all hydrocarbon and drip, pans may be required for the (b) Prevent communication between well control until the next string of casing zones and to isolate abnormal pressure containment of drilling fluids. separate hydrocarbon-bearing strats (except is set: This casing shall be cemented with a intervals from normal pressure intervals (2) In addition to required mud tanks, the where such strata has been approved for quantity sufficient to fill the shall be used. operator shall construct a reserve pit or tank coummingling) and between hydrocarbon and surface, with at least a 50% surplus to insure If a liner is used as intermediate string, the annular space from she casing am to she water-bearing strata. returns to the surface. If circulation is lost, a cement shall be tested by a fluid entry or that will not be used for drilling mud storage (c) Prevent contamination of fresh-water temperature or cement bond log or other pressure test to determine whether a seal and will be used for emergency. strata. approved survey shall be run to determine between the liner top and next largest string to insure (a) The reserve pit or tank shall be used to (d) Support unconsolidated sediments. whether the casing is properly cemented. If has been achieved. The test shall be recorded bore. (e) Otherwise provide a means of control the annular space is not properly cemented on the driller's log. When such liner is used as (b) A reserve pit shall be lined with of the formation pressures and fluids. The by the primary operation, the operator shall production casing, it shall be extended to the impermeable material when necessary to operator shall install casing necessary to perform supplementary cementing surface and cemented as described above to protect site specific conditions. withstand collapse, bursting, tensile, and operations to assure a seal across the avoid surface casing being used as production (c) The normal height of the fluid in the other stresses and the casing shall be gradational fresh-water salt-water contact as casing. pit shall not exceed one-half (1/2) the height ornmented in a manner which will anchor and determined by subsurface control. Wells (e) The production casing shall be set of the dike if the dike is constructed of native support the casing. Safety factors in casing drilled in deep water, with mud-line before completing the well for production. materials. program design shall be of sufficient suspension, shall bring the cement within The production casing shall be new pipe or (d) All drilling operations must be magnitude to provide optiomum well control fifty (50) feet of the drive-casing shoe. If the reconditioned pipe that has been tested, temporarily suspended if the pit approaches while drilling and to assure safe operations area in which a well is to be drilled in inspected, and verified as equal to a new overflow until additional pit volume in for the life of the well. underlain by a fresh-water salt-water condition. It shall be cemented in a manner provided or the level reduced. (2) For the purposes stated above, the interface at an undetermined depth, the necessary to cover or isolate all zones which (3) The operator shall construct a dike several casing strings in order of normal operator shall drill and log the surface more onstain hydrocarbons, but in any case, around the well site, except on submerged installation are: prior to setting the surface casing, unless an calculated volume sufficient to fill the lands, which shall be of sufficient size and (a) Drive, structural or conductor casing. alternate method to establish the interface is annular space at least 500 feet above the strength to contain all spills that may occur (b) Surface casing. proposed and accepted. uppermost producible hydrocarbon zone during normal drilling operations. (c) Intermediate casing. 3. The surface casing shall be set at must be used. When a liner is used as Specific Authority 377.22 FS. Law Implemented (d) Production casing. depth sufficient to protect the fresh-water production casing, the testing of the seal 377.21, 377.22 FS History--New 11-26-01. (3) Specifications and cementing salt-water contact; provided, however, that in between the liner top and next larger string requirements on each string are: the event lost-circulation zones are shall be conducted as in the case of 16C-27.04 Control of Wells. The (a) The drive, structural or conductor encountered above that depth, surface casing intermediate liners. operator shall take all necessary procautions casing shall be set by drilling, driving or shall be set at a a depth above the (l) After cementing any of the above to keep all wells under control at all times, jetting to a minimum depth of 100 feet to lost-circulation zone. This casing string shall strings, drilling shall not be commenced until all utilize only contractors or employees provide hole stability for initial drilling be run and cemented prior to drilling below a time lapse of: used and competent to drill and operate operations. the specified setting depths. 1. 24 hours, or on wells, and shall utilize and maintain 2. 12 hours under pressure all strings. 16C-27.06 1984 ANNUAL SUPPLEMENT 84 1984 ANNUAL SUPLEMENT 16C-27.08 (Cement is considered under pressure if one shall be maintained on the rig floor at all or more float valves are employed and are times while drilling operations are being hydrocarbons and other fluids. any time there is an indication of swabbing. (c) Reverse Circulation--When after shown to be holding the cement in place or conducted. Separate valves shall be (b) Before drilling below the surface or influx of formation fluids, the neccessary test, the drill seem is known or when any other means of holding pressure is maintained on the rig floor to fit all pipe in casing except in south Florida locations safety device(s) shall be installed on the drill believed to used.) the drill string. In water operations, a Kelly which drill through the Boulder Zone the pipe, the drill pipe shall be run to bottom and (g) All casing pressure tests shall be cork shall be installed below the swivel, and blowout prevention equipment shall include the drilling fluid shall not be circulated and recorded on the driller's log. an essentially full opening Kelly cock of such a minimum of three (3) remotely controlled, conditioned except on near bottom, unless (4) Prior to drilling the plug after design that it can be run through the blowout hydraulically operated. blowout preventers well conditions prevent running the pipe to cementing, all casing strings, except drive preventers shall be installed at the bottom of with &,working. pressure which exceeds the bottom. The drillin fluid in the hole shall be or structural casing, shall be pressure tested the Kelly. maximum anticipated surface pressure, circulated or reverse circulated prior to as below specified. This test shall not exceed (2) Blowout preventers and related including one equipped with pipe rams, one the working pressure of the casing. The well-control equipment shall be with blind rams and one bag-type; drilling pulling the drill stem test tools from the hole. The minimum test pressures to be applied at the pressure-tested when installed, before spool with side outlets, if side outlets are not provisions of this subsection shall not apply surface to the various casing strings an the drilling out after each string of casing is set, provided in the blowout preventer body, a when drilling in loss circulation zones. following; not less than once each week while drilling. choke manifold, a kill line, and a fil-up line. (3) Drilling fluid testing equipment shall MINIMUM following repairs that require disconnecting In locations in which the hole below the be maintained on the drilling location at all SURFACE TEST a pressure seal in the assembly; and at such surface hole is drilled through the Boulder times, and drilling fluid tests shall be CASING STRING PRESSURE (psi) other times as prescribed by the Zone, the blowout prevention equipment performed daily, or more frequently as (a) Surface 1000 Administrator. A required weekly test while shall include a bag-type blowout conditions warrant. (b) Intermediate 1500 or 0.2 psi/ft. drilling may be deferred up to one week to and a drilling spool with side out outlet. The following drilling fluid system of depth, whichever avoid unnecessary tripping of the drill string (c) Before drilling below the intermediate monitering equipment shall be installed is greater or conditions that would endanger the hole. string the blowout prevention equipment (with derrick floor indicators) and used (c) Liner 1500 or 0.2 psi/ft. Blowout preventer tests shall be recorded on of depth, whichever the driller's log. shall include a minimum of three (3), or in throughout the period of drilling after setting is greater (3) Ram-type blowout preventers shall be controlled, hydraulically operated. blowout and cementing surface casing only when (d) Production 1500 or 0.2 psi/ft. tested to the working pressure of the stack preventers with a working pressure which weighted drilling fluid is required of depth, whichever asssembly or the casinghead, whichever is the exceeds the maximum anticipated surface (a) A pit level indicator, and a mud flow- is greater lesser. Bag-type blowout preventers shall be pressure, including at least one equipped indicator, shall be installed and used in (e) Tubing and 1000 or 0.2 psi/ft. tested up to 70 percent of the above pressure with pipe rams, one with blind rains and one connections with the drilling of wells, to Packer of depth, whichever requirements. bag-type; a drilling spool with side outles, if insure that the hydrostatic pressure of the is greater (4) A bag-type blowout preventer shall be outlets are not provided in the blowout drilling fluid is maintained at all times as a These pressure tests will be of thirty minutes actuated on the drill pipe or drill collars once preventer body, a choke manifold, a kill line, level above any possible formation pressure. duration, and no more than 10 percent each week. Accumulators and pumps shall and a fill-up fine. Also, the installations of both of these pressure bleed off is acceptable. If there is an maintain a pressure capacity reserve at all Specific Authority 377.22 FS Law Implemented indicators shall include graphs of readings indication of a leak, necessary remedial times to provide for repeated operation of 377.22 FS History--New 11-26-81. measures will be taken,and the same hydraulic preventers. A blowout prevention 16C27.07 Drilling Fluid for ready reference by the operator, and, if pressure test will be reapplied after drill shall be conducted weekly for each (1) The operator shall maintain readily the readings reach critical levels on either completion of the remedial measures. All drilling crew to insure that all equipment is pressure tests will be recorded in the driller's operational and that crews are properly accessible for use quantities of mud sufficient indicator, alarms shall be activated to alert log, and they may be witnessed by an agent of trained to carry out emergency duties. All to insure well control. The testing the crew to take corrective actions. the department. blowouts preventer tests and crew drills shall procedures, characteristics and use of drilling (b) A drilling fluid volume measuring (f) Tubing and packer pressure tests are be recorded in the driller's log. fluid and the conduct of related drilling device for accurately determining volumes waived for Type II Wells. (a) Before drilling below the drive, procedures shall be such as are neccessary to required to fill the hole on trips. Specific Authority 377.22 FS. Law Implemented structural or conductor casing in non-field prevent blowouts. Necessary mud testing (c) A drilling fluid return indicator to 377.22 FS. History--New 11-26-81. wells (wildcat) or in the waters or upon equipment and mud volume measuring determine that returns essentially equal the wetlands, at least one remotely controlled devices shall be maintained at all times, and pump discharge rate. 16C-27.06 Blowout Prevention bag-type blowout preventer and equipment mud tests shall be performed frequently and Specific Authority 377.22 FS Law Implemented Equipment. for circulating the drilling fluid to the drilling recorded in the drillers log. 377.22 FS History--New 11-26-81. (l) Blowout preventers and related well structure or vessel shall be installed. To avoid (2) Before starting out of hole with drill 16C27.08 Fire and Hazardous control equipment shall be installed, used, formation fracturing from complete shut-in pipe, the drilling fluid shall be circulated Operations. and tested in a manner necessary to prevent of the well,a large diameter pipe with control with drill pipe just off bottom until the (1) Drill Stem Tests. blowouts. Prior to drilling below the surface valves shall be installed on the drive or drilling fluid is properly conditioned to (a) All drill stem tests shall be concluded casing. blowout prevention equipment shall structural pipe below the blowout preventer insure a safe trip. When coming out of the during daylight hours. be installed and maintained ready for use so as to permit the diversion of hydrocarbons hole with drill pipe, the annulus shall be (b) The operator shall provide adequate until drilling operations are completed, and and other fluids, except that when the filled with drilling fluid before the drilling tanks to contain oil produced and a system to in addition, an inside blowout preventer blowout preventer assembly is on the water's fluid level drops below 100 feet, and a safely flare gas. When pits are used to contain assembly (back pressure valve) and floor,the choke and kill lines connected with mechanical device for measuring the amount fluids recovered on drill stem tests, such pits drill-string safety valve in the open postion the blowout preventer assembly shall be of drilling fluid required to fill the hole shall shall be located not less than one hundred equipped to permit diversion of be utilized. The volume of drilling fluid fifty (150) feet from the derrick floor and required to fill the hole shall be watched, and from any fire hazard. 16C27009 1984 ANNUAL SUPPLEMENT 86 contain oil in appreciable quantity, the fluid (1) Training Program-Personnel 87 1984 ANNUAL SUPPLEMENT 16C-27.09 within drill stem shall be recovered by Safety and Protection such as automobiles. extreme danger condition. At least two reverse circulation into a tank prior to (a) All personnel, whether regularly (c) These warning signals shall be briefing areas shall be established on each breaking out the drill stem into stands. assigned, contracted or employed on an displayed to indicate the following drilling or workover facility. Of these two (2) UWE and electric power systems unscheduled basis, shall be informed as to the operational conditions and requirements: areas, the one upwind at any giventime is the shall be located and operated in a manner hazards of HS. They shall also be instructed 1 Possible Danger - In any operation safe briefling area. which will reduce the possibility of spark or in the proper use of personnel safety where the possibility of encountering H,S (e) Exacuation plan fire. equipment and informed of H,S detectors exists and in all situations where 1. Supervisory personnel shall be familiar is) No unshielded spark-making and alarms, ventilation equipment, concentrations of H,S are detected in the air, with the roads to the subject residences in equipment or or open rare shall be placed or prevailing winds, briefing areas, warning even below the threshold limit of 10 parts per order to expedite evacuation. Those residing remain nearer than one hundred fifty (ISO) systems and evacuation procedures. million in air, the signs and green flags shall in places of low elevation within one mile feet to any producing well or oil tank. (b) Information relating to these safety be displayed. radius which are down wind from the well (b) Marine-armored or metal-clad cable measures shall be prominently posted on the 2. Moderalte Danger - When the site shall be given priority in evacuation. may be substituted for wire in conduits in any drilling or workover facility. threshold limit value of H,S (10 parts per 2. Plans, lists, and exhibits shall be posted water area. (c) To promote efficient safety million in air) is reached, the yellow flags for reference in the resident engineer's office (c) On wetlands and the waters an procedures, an on-site HS safety program shall be displayed. If the concentration of or its equivalent and in the sheriffs office. auxiliary power supply source, completely shall be established. It must include monthly H,S reaches 20 parts per million in air, (f) Agencies to be notified in case of an independent of the primary power source. training sessions beginning after spud until protective breathing apparatus shall be worn emergency shall include: shall be installed when necessary to provide HS is reasonably expected, and weekly by all personnel, and all nonworking 1. Sheriff and Highway Patrol. emergency power capable of operating all proficiency drills and training thereafter. personnel shall procceed to the safe briefing 2. Nearest fire fighting agency. equipment, exclusive of firefighting Records of attendance shall be recoreded in areas. 3. Department of Natural Resources-- equipment, in the event the primary source the driller's log. Untrained employees will 3. Extreme Danger - When H,S is District Oil and Gas Coordinator. power supply fails. Fail-safe equipment not be utilized. determined to have reached the injurious (g) A list of the closest hospitals, shall be installed and operated in these areas. (d) All personnel in the working crew level (50 parts per million in air), the red ambulance services and medical personnel (d) All engines with ignition system shall have been indoctrinated in basic flags shall be displayed and all non-essential and facilities, telephone numbers. which are operated shall be equipped with personnel or all personnel, as appropriate, (h) The design of the toxic-gas detection. low-tension ignition systems containing rigid first-aid procedures applicable to victims of, system required in Rule 16c-27.09(4). connections and shielded wiring which shall H,S exposure. During subsequent on-site shall be evacuated at this time, Immediate (i) In addition to the items specified training sessions and drills, emphasis shall be notification shall be given to civil authorities above, the contingency plan also shall include the following: prevent the release of sufficient electrical placed upon rescue and first aid for H,S and all known traffic in the immediate 1. Type, location, and number of energy under normal or abnormal conditions victims. Each drilling or workover facility vicinity of the drilling or workover facility detection or sampling heads. the (3) Any rubbish or debris that might crew number shall be thoroughly familiar (3) Contingency Plan. A contingency 2. Cycling, non-cycling and frequency constitute a fire hazard shall be removed to a with the location and use of these items: plan shall be developed and filed in duplicate information. distance of at least one hundred fifty (150) 1. A first-aid kit. with the Administrator as a part of the feet from the vicinity of wells, tanks and 2. Resuscitators complete with face application to drill unless an appropriate pump stations. All waste shall be placed in a masks, oxygen bottles, and space bottles. contingency plan has already been filed, in 3. Type and kind of alarm, including sanitary land fill or disposed of in such 3. A Stokes litter or equivalent. which case that plan may be made a part of emergency equipment to be activated. manner as go avoid creating a rat hazard or (e) One person who regularly performs the application by reference. Said plan shall 4. Method used for detection of various polluting the surface, streams and duties on the drilling or workover facility include a plot of the well site upon a plat or kinds of gas. fresh-water strata. In wetlands, an the waters shall be responsible for the overall operation serial photographic mosaic covering an area 5. Method and frequency of calibration. and in other offsite disposal areas, all waste, of the on-site safety and training program. having a radius of one mile about the well, 6. A diagram of the gas detection system. rubbish, or debris shall be retained (2) Visible Warning System. upon which all good roads, residences (with 7. A timetable for testing all emergency final disposal. Disposal shall not be into installed as prominent locations to indicate to numbers of residents listed), churches, public equipment on a regular basis. waters or wetlands. all personnel, on or in the immediate vicinity places, transformer stations, pronireal (j) One copy of this constingency plan shall Specific Authority 377.22 FS. Law IMplemented of the facility, the wind direction at all times, surficial features, oil wells, pipelines, be provided to the sheriffl office and one copy 377.22 FS. History--New 11-26-81. for determining safe upwind areas in the refineries, separators, and pumping stations maintained at the work site in the office of the event HS is present in the atmosphere are clearly shown. The plan shall include at operator's representative. 16C-27.09 0perations Involving (4) Each drilling or workover facility (b) Operational danger signals consisting minimum, the following: shall have an H,S detection and monitoring Hydrogen Sulfide. When drilling or of signs and rectangular green, yellow, or red system which activates audible and visible workover operations are undertaken where flags as appropriate shall be displayed in a (a) General information and alarms before the concentration of H,S manner visible to all traffic that is exceeds its threshold limit value of 10 parts H,S is known or is reasonably expected, physiological response of H,S exposure. per million in air. This equipment shall be (b) Safety procedures, equipment, capable of sensing a minimum of five parts measures shall be taken to control per million in air. In those areas where the the effects of the toxicity, flammability, and approaching the drill or workover site when training, and smoking rules under possibility exists of encountering H,S in corrosive characteristics of H,S should it be required. All signs and flap within the circumstances where there is: concentrations that may reach the threshold encountered. Alternate equipment or prepared rig site shall be illuminated under (1) Moderate danger to life. limit of 10 parts per million in this, sensing procedures to those specified below may be conditions of poor visibility and at night (2) Extreme danger to life. points shall be located at the , shale approved if they achieve the same or greater when in use. All signs not illuminated shall (c) Responsibilities and duties of shaker, mud pits, driller's other level of safeity. be painted with reflective paint such that they personnel for each operating condition. will be readily visible from other light sources (d) Designation of briefling areas as locations for assembly of personnel during 16c-27.09 1984 ANNUAL SUPPLEMENT 88 areas where H,S may he anticipated. H,S retrieve e' incapacitated personnel from 89 1984 ANNUAL SUPPLEMENT 16C-27.10 detector ampules shall he available for use by contaminated areas. exposure. be filed with the Administrator at the time of all working personnel. After H,S has been 3. Chalk boards and note pads located on (8) Mud Program. filing the Well Record (Form No. 8). (3) A directional survey shall be run and a inspections of all areas a poor ventilation communication purposes. suitable for use in drilling formations certified copy thereof filed by the operator shall be made with a portable HS detector 4. Bull horns and flashing lights. containing H,S. with the Administrator on all future wells instrument. 5. Resuscitators (b) A pH of 10.0 or above shall be drilled in the State of Florida if: (5) Personnel Protective Equipment. (6) Ventilation Equipment. All maintained in a water-base mud system to (a) The well is directionally controlled (a) Proper personnel protective breathing ventilation devices shall be explosion-proof control corrosion and prevent sulfide stress and is thereby intentionally deflected from apparatus shall be provided and readily and situated in areas where H,S may cracking. the vertical, or accessible to all personnel on a drilling or accumulate. Movable ventilation devices (c) Consideration shall also be given to (b) A well is drilled as an exceptional workover facility. Additional equipment, shall be provided in work areas and be the use of H,S scavengers in both water and location, or such as nose cups, ear plugs and spectacle multidirectional and capable of dispersing oil-base mud systems. (c) The resuliant lateral deviation as H,S vapors away from working personnel. (d) Sufficient quantities of additives shall calculated from inclination survey data is a kits, shall be available for use as needed. (b) At all locations where the Possibility (7) Considerations. be maintained on location or as a readily distance greater than the distance from the of encountering H,S exists the storage Equipment used when drilling or working available source for addition to the mud center of the surface location of the well bore location of protective breathing apparatus over zones bearing H,S shall be constructed system as needed to neutralize H,S picked up to the nearest unit line, or of materials which, according to design by the system when drilling in formation (d) The well bore deviates laterally a shall be such that they are quickly and easily containing HS. resultant distance greater than that available to all personnel. When conditions principles, will be able to resist damage from indicate H,S concentrations may reach the the phenomena known, variously as sulfide (e) The application of corrosion determined by a three degree (3*) angle from extreme danger level, storage location shall stress cracking, hydrogen embrillement, or Inhibitors to the drill pipe to afford protective a vertical line passing through the center of include the following: stress corrosion cracking. Such equipment coating or their addition to the mud system the surface location of the well bore, or includes drill pipe, tubing, casing casing (e) A well is expected to penetrate 1. Rig floor. may be used as an additional safeguard to the intervals containing concentrations of 2. Any working area above the rig floor. heads, blowout preventer slack assemblies, normal protection of the metal by pH control hydrogen-sulfided, or 3. Mud-logging facility. kill lines, choke manifolds. and other related and the scavengers mentioned above. (f) A well is capable of producing 6. Mud storage. and the metallugy employed is required for particular rig configuration employed. The to produce such hydrocarbons if other than 7. Each briefing area. successful operation in H,S environments. gases so removed shall be piped into a closed standard spacing was used. (c) Where the possibility exists of The following general practices are required flare system and burned at a suitable remote (4) The Administrator may require the encountering H,S, a minimum requirement for acceptable performance: stack or flare. operator of any well to run a directional shall be to provide for all working personnel (a) The drill or work string shall be Specific Authority 377.22 FS Law Implemented survey in it whenever the Administrator self-contained breaching equipment, which is designed consistent with the anticipated 377.22 FS. History--New 11-26-81. determines there is a reasonable cause to do located in a readily accessible location. depth, conditions of the halt, and reservoir Where H,S concentrations of extreme danger environment to be encountered. Care shall be 16C-27.10 Deviation Tests. All wells so. levels arc possible, a system of breathing-air taken to minimize exposure of the drill or not intentionally deviated must be drilled When a directional survey is required by work string to high stresses as much as is provided an the rig floor and in the briefing practical and consistent with the anticipated vertical well bore. (1) An inclination survey shall be made the Administrator at the request of an offset on all wells with the first shot point at depth operator and the operator of the well and the provided to refill individual protective- (b) Casing, couplings, flanges, liners, offsed operator are unable to agree on terms tubing and related equipment shall be not greater than that of the surface casing seat and conditions for running such survey, the breathing-apparatus bottles. The cascade location of the bottom of the hole shall air-bottle system may be recharged by a designed for H,S service. Field welding on and succeeding shot points not more than one determine who pays for the directional high-pressure compressor suitable for casing (except conductor and surface strings) thousand feet (1,000') apart. Inclination survey. providing breathing-quality air, provided the is prohibited unless approved by the surveys conforming to these requirements If the directional survey shoew that the may be made either during the normal course bottom hole location does not meet the compressor suction is located in an Administrator. of drilling or after the well has reached total spacing requirements of the permitted well, uncontaminated atmosphere. All (c) The blowout preventer stack assembly depth. Such survey data shall be certified by the operator shall pay the cost of the survey. breathing-air bottles shall be labeled as shall be designed in accordance with criteria containing breathing-quality air fit for evolved through technology of the latest the operator and shall indicate the resultant state-of-the-art for H,S service. Surface lateral deviation as the sum of the calculated If the directional survey shows that the human usage. lateral displacement determined between bottom hole location does not meet the equipment such as choke lines, choke (d) Breathing masks which are connected each inclination survey point, assuming that spacing requirements of the permitted well, to a breathing-air manifold, and additional manifold, kill lines, bolting, weldments, and all such displacement occurs in the direction the operator shall pay the cost of the survey. protective breathing apparatus shall be other related well-killing equipment, shall be of the nearest property line. If a directional (5) Unless required as specifed above, a available for evacuees from the drilling designed and fabricated utilizing the most survey determining the bottom of the hole is directional survey shall not be required for location. advanced technology concerning sulfide filed with the Administrator upon any well which is not intentionally deflected (e) The following additional personnel stress cracking considering the degree of H,S safety equipment shall be available for use as concentration and particular needs of the completion of the well, it shall not be from the vertical and which has a surface necessary to furnish the inclination survey location, maximum angle of deviation and needed: operation. Elastomers, packing, and similar data. total depth, all in compliance with the I. Portable HS detectors. inner parts exposed to H,S shall be resistant (2) Except as otherwise specified herein, provisions thereof. 2. Retrieval ropes with safety harnesses to at the maximum anticipated temperature of all inclination or directional survey data shall Specific Authority 377.22 FS Law Implemented 377.22 FS. History--New 11-26-81. 16C-28.02 1984 ANNUAL SUPPLEMENT so 90 1984 ANNUAL SUPP CIIAPTER 16C-28 1. Subsurface safety devices shall be CONSERVATION OF OIL AND GAS. adjusted, instalkil. and maintained in a as not equipped with a subsurface safety one It PRODUCTION AND FLOWLINES workmanlike manner and she operator will Vice, such well shall be equipped with an rife 0b comply with the following test Procedures: automatic surface shut-in evocc built into 16C,211.01 Wellhead Equipment. All a. Lach controlled suqbsur are safety (c) the Chrisionat uct, disposal completed wells shall be equipped with device in a producing well shall be removed (7) The well completion report (Form body casingheads. wellhead fillings, valves and and inspected as intervals am exceeding six No. 9) and any subsequent report of connections with a rated working-pressure (6) months. except that such removable workovers shall state the type and depth of a equal to or greater than the shut-in pressure devices set in a landing nipple may be the s. subsurface safaety)- device installed on the be res to which their will normally be subjected. removed and inspected at intervals not well, or shall state that the requirement has disposal Connections and valves shall be designed and exceeding twelve (12) months. been waived. (d) installed to permit fluid to be pumped b. prior to reinstallation, each such device (8) The operator shall maintain records. apply between any two casings Of casing CIL To shall be repaired as necessary and shall be available to an agent of the department, prod between conductor surface Mir adjusted and resized to compensate for showing the status of each subsurface safety surfurace wells with a surface pressure in excess five changes In well conditions. device. including dates of inspection. testing, I thousand pounds per square inch two master c. Each surface controlled subsurface repairing adjustment, and reinstallation. condition values shall be installed in the tubing. One is safety device. in a producing well Shall be specific authority 377.22 fs. law implemented public below the production tee and the tested in place at intervals not exceeding six 377.21, 377.22 fs. history-new 11-26-81. to be located I other above or act it, in the tubing. Prior to (6) months. If the its is unsatisfactory, the Prop installation all well head connections shall be device shall be removed. repaired and 16C-28.03 Fire and Pollution Cocoa assembled and tested by a fluid pressure reinstalled or replaced. Practices for the production of oil or as and which "I be equal to the rated test pressure d. Subsurface safety devices that are an be for operation of attendant facilities 6 2. designed to avoid or minimize tire hazards desi of die fitting to be installed. integral part of the tubing string or surface and control pollution. The following disposed specific authority 377.22 FS. Law actuated shall be tested at intervals not fifty 377.21, 377.22 fs history-new 11-26-81. exceeding six (6) months and, if the ten is regulations a to all producing water 16c-20.02 production casing and unsatisfactory, shall be replaced or a facilities in in the state: removable subsurface device shall be (1) A diagram of Mau it any firefighting system low showing the location of all equipment shall sustained pressures on the casinghead or 2. In all tubing installations, the tubing site. water Is.doll be equipped with a landing (2) Fire extinguishers in the leaking gas at ad between die extinguishers shall be of casing and die next lama casing string, shall nipple to provide for the setting the strategic areas while work is being conducted one be tested in the following manner. subsurface safety device. Wells with a high 1 flow or wells producing sediment in at producing wells and facilities. (a) The production casing be tested rate a such (3) Separators. All flowing oil wells shall in accordance with Rule 16C.29.07. arm of turbulence above a below be produced through an oil and gas separator (b) After corrective measures have been devices shall be protected by a flow coupling manufactured to API specifications. taken. the casing shall be tea" in the Sam OF either protective equipment. (4) Fire Walls of fir, manner. (4) Subsurface safety devices maj- be of (a) Each permanent oil tank or battery of be m (c) This testing procedure shall be used the direct-controlled or of the tore cannot be remote-controlled type. They shall be of tanks shall he surrounded by a dike or fire when the origin of the press wall with a capacity of we and one-bait The (we also Rule industry recognized manufacture and (I determined otherwise given to 1/2) times that of the enclosed tank or battery 16C-27.05(3)(d)). metallurgy with due consideration (2) Tubing. All wells shall be equipped operating conditions encountered in the well. Of tanks. (5) a different safety progam may be (b) Curbs, gutters and drains or fire walls specific with and produced through tubing except (6) wells with hydraulically operated pumps and used under the following conditions: shall be constructed in all areas in a manner When (a artificial lift is required. necessary to collect contaminants, unless drip small diameter (4 1/2 inches OD or smaller) when flowing tubing pressure at pan! or equivalent are placed under tubingless completions. (b) W equipment and pipe to a sump to contain at lea (3) Chokes and Subsurface Safety the well head is 100 psig or less. wastes. well subsurface device causes Device; in Flowing Wells. (c) When the shall sediment to plug the tubing or sediment (5) Emulsion, Basic Sediments, Wag, (a) All flowing wells shall be equi Oil and Water. makes the subsurface safety devices with adequate chokes. or beans. to PC (a) Wells producing oil shall be operated (7) control the flow. ra in a manner to reduce as much as practicable (a) (b) All wells producing upon the waters (d) when well flow rate fluctuation or the formation of emulsion and bask no liquid or wetlands or producing H,S with water production prevents a well equipped ma with a subsurface safety device from sediments. Ile operator shall not pollute form concentrations in the produced fluids of 50 producing. land or water or damage wildlife or aquatic $treat pans per million or greater and capable of fire or allow extraneous matter to enter and . flowing oil or gas (in type I Areas) shall be (C) When the mechanical condition of the damage any mineral or water bearing in a equipped with a fail Close subsurface safety well does not permit the installation of a formation. Milo installed at a depth of 100 fen of more subsurface safety device. (b) All wells shall be cleaned in other (6) For any well capable of flowing oil to a pit, he water bottom or ground surface. barge or tank located at a distance of at least in an 16C-28.04 1984 ANNUAL SUPPLEMENT 92 93 1984 ANNUAL SUPPLEMNET 16C-28.04 following requirements can be shown by the equipped with both high and low pressure (b) Oil in any form shall not be burned at shall be maintained at all times in a manner operator to be satisfied in another manner, sensors located close to the wellhead. The the pits unless an emergency exists. Burning necessary to prevent pollution. the specific requirements listed below may be pressure sensors shall be set to activate the under emergency conditions shall require (3) All platforms, structures and waived by the Board through the issuance of wellhead valve or pumping unit shut-down notification of an agent of the department as foundations shall be curbed or leveed and an order on a field wide basis. The operator device in the event of abnormal pressures in soon as possible. connected by drains to a collecting tank or shall maintain records of annual inspections the flowline. The need for high pressure (c) Drilling mud containing oil shall not sump unless drip pans, or equivalents, are showing the status of each device, including sensors may be waived by the Administrator be disposted of into the waters or wetlands. placed under equipment from which a dates and details of inspecitons, testing, if the flowlines are designed to withstand Drilling mud containing toxic substances pollutant may spill upon the surface or into repairing, adjustmenta dn reinstallation. anticipated wellhead pressure, and proof of shall be neutralized prior to disposal. the waters and the spilled contaminant shall (a) All sensors shall be equipped to design is supplied the Administrator. (8) Solid-Waste Disposal. be piped to a tank or sump. permit testing with an external pressure (i) All headers (or manifolds) shall be (a) Drill cuttings, sand and other solids (4) Inspecitons and Reports. The source. All separators shall be equipped with equipped with check valves on the indivdual containing oil or toxic materials shall be operator shall install, maintain in good high-low pressure shut-in sensors, low level flowlines. Such requirement for header check circulated to mud containers for all wells working order, and monitor adequate and shut-in controls, and a relief valve. High valves may be substitued with individual drill upon the waters and wetlands and sufficient equipment to detect emission leaks liquid level control drvices shall be installed check valves on production separator outlets, shall not be disposed of into the waters. All or spills which might violate air or water when the vessels can discharge to a or a low pressure sensor on the flowline for wells shall be cleaned into a pit, barge or tank quality standards or which might cause continuous flare. valve actuation if the flowline is equipped located at least 150 feet from a possible fire pollution. (b) All pressure surge tanks shall be with a fall close valve at the separator. The hazard. Where it is feasible to construct pads (a) Pollution Inspections. equipped with high-low pressure shut-in flowlines and valves from each well shall and pits above high water levels in wetlands, 1. Manned facilities shall be inspected sensor, a high level shut-in control, flare line withstand the shut-in pressure of that well the Administrator may approve this daily. and releif valve. unless protected by a high-low pressure construction after thorough investigation of 2. Unattended facilities shall be inspected (c) Atmospheric surge tanks shall be sensor or pressure relief device. If there is an the drilling site and determination that the by the operator daily, except those equipped equipped with a high level shut-in sensor. inlet valve to a separator, the valve, flowline impact would be minimal and of short with remote control and monitoring systems, (d) All other hydrocarbon handling and all equipment upstream of the valve shall pressures vessels shall be equipped with also withstand the shut-in wellhead pressure duration. which shall be inspected at least every third high-low pressure shut-in sensors plus unless protected by a high-low pressure (b) Other solid waste materials shall be day. high-low level shut-in controls and relief sensor or pressure relief device. disposed of at an approved waste disposal (b)Pollution Reports. valves. (7) Safety and Pollution Control site. 1. All spill or leakage or oil and liquid (e) Pilot-operated pressure relief valves Equipment Testing. (9) Sewage Disposal. All human body pollutants shall be recorded showing the shall be equipped to permit testing with an (a) All pressure sensors shall be tested for wastes shall be disposed of only through the cause, size of spill and the action taken, and external pressure source. Spring-loaded proper pressure setting annually. Results of use of properly serviced chemical toilets or the record shall be maintained and available pressure relief valves shall either be bench all tests shall be recorded and maintained in any sewage disposal system which conforms for inspection by an agent of the department. tested or equipped to permit testing with an the field and shall be availabel for inspection to standards established by the appropriate All spills or leakage shall be reported external pressure source. A relief valve shall by agents of the department. state and federal pollution control authority. without delay to the District Coordinator by be set no higher than the designed working (b) All automatic wellhead safety valves The operator shall provide this treatment at telephone. pressure of the vessel. The high pressure shall be tested for operation weekly. All all exploratory and production sites. Sewage 2. All spill or leakage of oil and liquid shut-in sensor shall be set no higher than 5% automatic wellhead safety valves shall be is defined as human body wastes and the pollutants above five (5) barrels shall be below the rated or designed working tested for holding pressure quarterly. Results wastes from toilets and other receptacles confirmed in writing to the Administrator by pressure, and the low pressure shut-in sensor of tests shall be recorded and maintained in intended to receive or retain body wastes. the operator as soon as possible. shall be set no lower than 10% below the the field and shall be available for inspection Specific Authority 377.22 FS. Law Implemented (5) Control and Removal. lowest pressure in the operating pressure by agents of the department. 377.371 FS. History--New 11-26-81. (a) Corrective Action-- Immediate range on all vessels with a rate or designed (c) Check valves shall be tested for corrective action shall be taken in all cases working pressure of more than 400 psi. On holding pressure annually. Results of all tests 16C-28.04 Production Facilities, where pollution has occurred. Each operator the lower pressure vessels the above shall be recorded and maintained in the field Pollution Imspections and Reports. shall have an emergency plan for initiating percentages shall be sued as guidlines for and shall available for inspection by agents (1) All wells shall be equipped by the corrective action to control and remove sensor settings considering pressure and of the department. operator with casingheads which have a test pollution and such plan shall be filed with the operating conditions involved, except that (d) A complete testing and inspection of pressure in conformance with conditions Administrator. sensor settings shall not be within five (5) psi the safety system shall be conducted by the existing in areas in which they are used. (b) Equipment-- Standby pollution of the rated or designed working pressure operator at the time production is Casing head body as soon as installed shall be control equipment shall be maintained by or range. commeced. Thereafter, the operator shall equipped with proper connections and valves shall be immediately available to each (f) All flare lines shall be equipped with a conduct simialar tests and inspections which are accessible to the surface. operator. The equipment shall be regularly scrubber or similar separation equipment annually. The tests may be witnessed by Reconditioning shall be required on any well inspected and maintained in good condition unless enclosed by a suitable pit. agents of the department. showing pressure on the casinghead, or for use. (g) All wellhead assemblies for flowing (e) A standard procedure for testing of leaking gas or oil between the production (6) Safety and Pollution Control wells shall be equipped with an automatic safety equipment shall be prepared and string and the next larger size casing string. Equipment and Procedures for Type 1 fail-close valve. Automatic safety valves posted in a prominent place. (2) All production facilities such as Locations, Waters and Submerged Lands: temporarily out of service shall be flagged. (8) Combustible Gas Detectors--An separators, meters, tanks, treaters, or other All production facilities shall have the (h) All flowlines from wellheads shall be automatic gas detector and alarm system equipment shall be such as necessary to following shut-in and protective devices shall be installed in submerged land areas control the maximum anticipated pressures installed on all pressurized vessels and water and production of oil, gas, and sulphur,and spearation facilities. If the intent of the 16C-28.07 1984 ANNUAL SUPPLEMENT 94 95 1984 ANNUAL SUPPLEMENT 16C-28.12 source of supply as against another. Administrator by telegramm or equivalent and facilities handling toxic gases in (b) For leaks, spills, line braks and other 16C-28.08 Agents to Have Access to All means on the frist business day after new or accordance with the following: discharges of oil and liquid pollutants in the Wells, All Well Records, to Make Well renewed (following shut-in period in excess (a) Gas detection systems shall be amount of five (5) barrels or more, the Tests, and Measure Production From of one month) production on a well. installed in all enclosed areas containing gas operator shall confirm the incident by written Wells. All operators of oil and gas wells are Specific Authority 377.22 FS. Law Implemented handling facilities or equipment and in other report to the Administrator within one week. required to permit and assist the agents of the 377.21, 377.22, 377.30 FS. History--New enclosed areas which are classified as (2) In notifying (by telephone or department in makeing tests common to 11-26--81, Amended 4-12-83. hazardous areas. confirming written report) the agent of the drilling, production or plugging on any or all (b) All gas detection systems shall be department, the operator shall include: wells. The agents of the department shall 16C-28.11 Monthly Production Test capable of continuously monitoring for the (a) The location of the incident by county, have access to all well records, and shall be (Form No. 10). A deliverability test of each presence of combustible gas in the areas in section, township and range, or other permitted to come upon any lease or porperty producing well shall be made monthly. Such which the detection devices are located. political subdivision or property or highway to inspect any and all wells and to gauge the test shall be an actual test to determine (c) The central control shall be capable of descriptions so that the exact location can be production therefrom at all times. whether or not the well is capable of giving an alarm at some point below the readily determined. Specific Authority 377.22 FS. Law Implemented producing efficiently any allowable that may lower explosive limit of 1.3%. This low level (b) A description of damage to life, 377.21 FS. History--New 11-26-81. be reasonably expected to be assigned to it shall be for alarm purposes only. property, and fish and wildlife habitat. and, if the well is not found to be capable, (d) A high level setting of not more than (c) The quantity of oil or gas lost, 16C-28.09 Multiple Completions. No then the test shall determine the maximum 4.9% shall be used for shut-in sequences and destroyed or permitted to escape, the well shall be completed in any field with the rate at which the well may be efficiently the operation of emergency equipment. quantity of liquid pollutant discharged, and casing open to one strata and the tubing open produced. A report of each test so required (e) A written statement describing the if not stopped as of the time of notification, to another except with a permit issued by the shall be prompthly furnished to the installation and maintenance of any gas the rate at which these quantities are Board. Administrator upon Form No. 10. Any detection system shall be filed with the discharging. These quantities must be (1) Information shall be submitted operator may make such additional Administrator. The statement shall include estimated, if no accurate measurement can be showing top and bottom of all zones proposed deliverability tests at any time and report the following: obtained, in which case the notification must for completion or alternate completion such tests to the Administrator in the same 1. Type, location, and number of state the quantities are estiamtes. including a partial electric log and a manner as required tests are reported. A well detection or sampling heads. (d) The actions taken and still to be taken diagrammatic sketch showing such zones and allowable may be determined by the latest 2. Cycling, non-cycling and frequency to clean up the discharge and to prevent equipment to be used. test information furnished to the information. reoccurrence of the incident. (2) When zones approved for multiple Administrator. 3. Type and kind of alarm including (3) It shall be the responsibility of the completion become intercommunicated, the Specific Authority 377.22 FS. Law Implemented emergency equipment to be activated. operator, in the event of a blowout, fire or operator shall immediately repair and 377.21, 377.30 FS History--New 11-26-81. 4. Method used for detectio of discharge of pollutants to perform the separate the zones after approval is obtained. combustible gas. remedial procedures to bring the condition (3) When multiple completion 16C-28.12 Oil, Gas and Coodensate to 5. Method and frequency of calibration. under control as quickly as possible. If this is applications are granted, each completion Be Measured. 6. A diagram of the gas detection system. not accomplished, the Administrator or his shall be considered separtely. The (1) All oil of a common ownership shall 7. Other pertinent information. agent shall have the authority to take charge production from each reservoir shall be run be adequately measured before the same is (f) A diagram of the gas detection system of the work to control the situation at the through separate flow lines and measured commingled with another production. showing the location of all gas detection expense of the operator. separately. The Administrator shall (2) Oil Measurements. points shall be posted in a prominent place. Specific Authortiy 377.22 FS. Law Implemented designate the well number and the name of (a) Quantities of oil shall be measured or Specific Authority 377.22 FS. Law Implemented 377.21. 377.22. 377.40 FS History--New the reservoir for each producing unit. gauged. Corrections shall be made for 377.22 FS History--New 11-26-81. 11-26-81. Specific Authority 377.22 FS. Law Implemented temperature on the basis of sixty (60) degrees 377.22 FS. History--New 11-26-81. Faherenheith. The full percentum of basic 16C-28.05 Notification of Blowouts, 16C-28.06 Determining and Naming sediments and water as shown by centrifugal Fires, Breaks, Leaks, and Spills. Common Sources of Supply. Wells shall be 16C-28.10 Well Completion Report or other tests shall be deducted after making (1) The operator of any oil or gas wells, classified as to the common sources of supply (Form No. 9). An operator completing a new correction for temperature. pipelines, or receiving tanks, storage tanks, or from which they produce and common oil or gas well or placing an old oil or gas well (b) The producing company may, at its receiving and storage receptacles into which sources of sypply shall be determined and production which has been closed in option, use mechanical metering systems to crude is produced, received, or stored, or named by the Administrator. In naming the during at least one month shall test the well to measure its production. through which oil is piped or transported common sources of supply, reference shall be determine that the well is capable of 1. Oil Production. The company will be must immediately notify the District given to common usage and geographic producing and the amount it can produce up permitted to install meters recognized by the Coordinator or the Administrator by names. Separate common sources of supply to and including its allowable. The results of Administrator as a type generally approved telephone of any blowout, fire, tank break or within the same area shall preferably be the test shall be filed on Form No. 9 within 5 for industry's use. pipeline break and, if the amount of named according to the producing formation. days after the test is completed. Upon receipt When the oil production from a given well discharge is five (5) barrels or more, of any Specific Authority 377.22 FS. Law Implemeted of Form No.9, the Administrator may assign is mattered through more than one meter, the leak, spill, line break, or other discharge of 377.18 FS Histroy--New 11-26-81. a temporary allowable to the well and, after operator will supply the Administrator with pollutant. receipt of adequate engineering data and the "meter changes," which show the amount (a) If the leak or spill occurs in an estuary 16C-20.07 Taking to be ratable. after due notice and public hearing, of oil metered by each of the meters which or other offshore coastal environment the Every person, now or hereafter, engaged in allowables may be reassigned by the measured oil production from the well operator shall notify the nearest Florida the business of purchasing and sellin crude Administrator. An operator shall notify the during the month. Marine Patrol office and the U.S. Coast oil or natural gas in this state shall purchase 2. Salt Water Product Where Board. without discrimination in favor of one monthly salt-water production measured producer against another or in favor of 16C-28.14 1984 ANNUAL SUPPLEMENT 96 through a meter or by another method, such monthly measurements shall be supplied the Administrator with the corrected salt-water production figures by well within 25 days subseqent to report period. (3) Gas to Be Metered (Form No. 11). All gas produced from the deposits of this state shall be accounted for by measurement and reported to the Administrator by the operator. (a) Where gas is delivered to gasoline extraction plants or gas pipeline companies for light and fuel, oil and gas development, includign drilling, gas lift, representing, and gasoline extraction before redistribution as residue, the company operatign the gasoline extraction plant or gas pipeline shall be responsible for reporting the portion of the gas taken by them and shall make a seperate report for each field or reservoir from which the gas is taken and shall make a sperate report for sweet, sour and casinghead gas taken in each field and/or reservoir. (b) Gas produced incident to the production of oil where not sold, shall be measured and reported by the operator. The record of the measurement,whether it be for the individual well or the entire property, shall made availabel to the Administrator at all times. (c) Gas measurements shall be accordance with industry accepted methods. (4) Gas-Oil Ratio. Any oil well producing with a gas-oil ratio in excess of two thousand (2,000) cubic feet of gas per barrel of oil produced shall be allowed to produce daily oil allowable, as determined by the allocation formula applicable to said well which was approved by the Board, by two thousand (2,000) cubic feet. The gas volume thus obtained shall be known as the daily gas limit of such well. The daily oil allowable of such well, in barrels, shall then be determined by dividing its daily gas limit, obtained as herein provided, by its producing gas-oil ratio in cubic feet per barrel of oil produced. A gas well producing from the gas cap of an oil reservoir in which an oil well or wells are completed and producing, shall be allowed to produce daily (to the extent that it can produce without waste) only that volume of gas and other hydrocarbons which unver conditions of pressure and temperature existing in the reservoir from which produced is the equivalent in volume, under like pressure and temperature, to the oil and gas which would be produced daily from that oil allowable if its gas-oil ratio were two thousand (2,000) cubic feet of gas per barrel of oil. Specific Authority 377.22 FS. Law Implemented 377.22, 377.23, 377.30 FS. History--New 11-26-81. 16C-28.13 Monthly Reports (Form Nos. 10-13). Operators of oil and gas wells and transports of crude petroleum shall make reports of their operations. The following reports shall be filed with the Administrator on forms prescribed by the department on or before the twenty-fifth day of the month subsequent to the period for which the report is made. Any person engaged in operations which fall within the classification of operator, transporter, or refiner, shall make out the reports applicable to his operations. (1) Monthly Producers's Reports: (a) Well Production and Test Reports (Form No. 10). (b) Natural Gas Report (Form No. 11). (c) Condensate Production Report (Form No. 12) (2) Monthly Transporter's and Storer's Reports (Form No. 13). (3) Monthly Processor's Reports. Specific Authority 377.22 FS. Law Implemented 377.21, 377.22, 377.23 FS. History--New 11-26-81 16C-28.14 Gas Utilisation. After the expiration of seven(7) days from the start of testing gas in a gas well, no gas from such well shall be permitted to escape into the air, and al gas prodcued therfrom shall be utilized for the following purposes: (1) Gas well gas shall ultimately be utilized only for: (a) Light or fuel (b) Efficient chemical manufacturing. (c) Bona fide introduction of gas into an oil or gas bearing horizon, in order to maintain or increase the reservoir pressure or otherwise increase the ultimate recovery of oil or gas from such horizon. (d) The extraction of ethane and heavier hydrocarbons (a),(b) and (c) above. (2) Casinghead gas may be used for any benefical purpose. (3) Any producer of gas may use the same as gas life in the boan fide production of oil where such gas is not used in excess of ten thousand(10,000) cubic feet per barrel of oil produced, provided that, in order to prevent waste in any case where the facts warrant it, 97 1984 ANNUAL SUPPLEMENT 16C-28.15 additional quantities of gas may be used to life oil, provided all such gas so used in excess of ten thousand(10,000) cubic feet for each barrel of oil shall be processed for natural gasoline when same is produced. (4) Use of Gas for Other Than Light or Fuel. Before any person shall engage in the utilization of gas(excluding casinghead gas) for purposes other than light and fuel or other uses permitted herein, hesahll fiel wiht the Administrator a statement setting forth the names and addresses of the person or persons who are to engage in the proposed operation, the location of the palnt or plants where the proposed utilization is to be carried on, the kind and probable volume of the gas that is to be used, the reservoir from which it is taken, the general type ofthe process, and the kind of condition of the equipment that is to be used, the results to be obtained insofar as such results can be reasonably anticiapted, and such other pertinent facts as the Administrator may require. Specific Authority 377.22 FS Law Implemented 377.20, 377.21, 377.30 FS. History--New 11-26-81. 16C-28.15 Field Flowlines and Gathering Lines. The operator shall submit a plan of installation for th laying and construction of flowlines and gathering lines and associated structures for the movement of oil and gas production and deriveatives therefrom to lease storage or to a point of transfer to a common carrier or other purchaser, as well as to the movement of produced water to a disposal facility. (1) General Design- All flowline and gathering lines shall be designed and maintained to protect the land and waters from environmetal damage. The plan shall include control devices which shall be installed and maintained in accordance with the following : (a) All oil and gas lines delivering production to a transportation facility shall be equipped witha n automatic shut-in valve connected to the facility's automatic remote shut-in system. (b) All oil and lines delivering production to a seperation or treatment facility shall be equippe dwith a check valve to avoid backflow. (c) All line pumps shall be equipped with high-low pressure shut-in devices. (d) All lines shall be protected from loss of metal by corrosion that would endager the strength and safety of the lines by providing extra metal for corrosion allowance, or by other means of preventing loss of metal such as protective coatings or catodic protection. Coupons must be installed to monitor corrosion. (e) All lines shall be installed and maintained to be compatible with other uses of the area. (f) The operator shall maintain records of annual inspections showing the status and past history of each safety device, including dates and details of inspeciton, testing, repairing, adjustment, and reinstallation. (g) All lines shall be hydrostatically tested to 1.25 times the designated working pressure for a minimum of two(2) hours prior to placing the line in service. Submittal of the original hydrostatic pressure test including procedure, test pressure, hold time and results is required. (h) All lines shall be maintained in good operating condition at all times and inspected monthly for indication of leakage using aircraft, floating equipment, or other methods. Records of these inspections including the date, methods and results of each inspection shall be maintained by the operator and made available to the Administrator upon request. The operartor shall submit records indicating the cause, effect,and remedial action taken regarding all flowline and gathering line leaks within one week following each such occurrence. (i) All lines shall be designed to be protected against all known environmental factors. (2) Map Showing Survey. The plan shall be accompanied by a map at a scale at least 1:24000 showing: (a) The center line of the right-of-way properly identified so that the right-of way may be accurately located by a competent engineer. (b) Water depths if submerged. (c) Connecting facilities. (d) Burial depth if buried. (e) Bearings and distances of each segment of the center line of the right-of-way. (f) The total distance and width of the right-of way and the diameter of the pipeline specified. (g) The initial and terminal points of the right-of-way accurately located by the latitude and longitude or grid. (h) The name and license number of the surveyor or engineer preparing the document. (3) The plan shall contain a schematic drawing showing the following flowline safety equipment and the manner in which the equipment fucntions: 1984 ANNUAL SUPPLEMENT 96 99 1984 ANNUAL SUPPLEMENT 16C-29.02 29.02 16C-23 16 the state have been complied with and that CHAPTER 16C-29 (a) High-low pressure sensors. the pipeline is Authorized by the well (b) Automatic shut-in valves. CONSERVATIN OF 0IL AND GAS: (3) As part of the application for a permit (c) Check valves operator to trasnport oil from the lease. This INJECTION WELLS, WELL requirement shall not prevent the temporary required by (3) above the operator shall (d) Product or products to be transported WORKOVERS, AND submit to the Administrator a written connection with any well for the time ABANDONMENTS application containg at least the following by line. necessary to take care of emergency information: (e) Size, weight, and grade of the pipe. (f) Length of line. situations, or to prevent wast. 16c-29.01 General Injection wells must (a) In the case of a well already drilled, a (2) No pipeline operator shall disconnect be operated and conducted in a manner geophysical log of the well with the proposed (g) Maximum water depth, zone marked and a statement giving the name (h) type or types of corrosion protection. approval from the Administrator and from all federal, state. regional, county or of the disposal information. In the case of (i) Description of protective coating. undrilled wells, the name of the formation or (j) Bulk specific gravity of line (with line the well owner. municipal agencies having authority for the zone to be used for injection and its empty). (3) Whenever the operator of any oil or protectin of the subsurface waters of the approximate depth. state. Well workovers must conform to all (b) A plan showing the location, or (k) Anticipated gravity of density of the gas well shall have failed to comply with all applicable safety and environmental proposed location, of the injection well and laws and all rules and regulations of the protection standards required under all wells within a one-half mile radius therof Chapters 16C-27 nd 16C-28 and in which penetrated the formation proposed for product or products. department applicable to that well, the addition, the regulations of this Chapter injection if the formation is non-productive (l) Design working pressure and which apply specifically to injection wells and all wells within a two-mile radius therof capacity. certificate of compliance shall be revoked, and well workovers. Any well that is not used if the proposed injection zone is productive of (m) Maximum working pressure and After the certificate of compliance is revoked, or useful shall be plugged and abandoned oil or gas within two miles. capacity. the pipeline company connected to such well promptly. (c) The following data are required for (n) Hydrosiatic pressure and hold time to and to such property shall cease upon notice No wate oil or oil-field waste generated each well identified on the plan required in which the line will be tested after installation. to do so from the Administrator to accept oil during any operation designated in this paragraph (b) above: (o) Size and location of pumps and prime or gas for transport until authorized to Chapter shall be disposed of into any stream. 1. A description of well type, character movers. resume. lake or other body of water or into any ditch and amount of mate5rial being injected. (p) The line installation date should be (4) Purchasers and Transporters. Shown on the map. (a) No transporter shall transport oil or surface drainage depression leading to any 2. A description of well construction. (q)The location of coupon to monitor from smu ;ease or wells afgter said transporter stream,lake or other body of water. Such 3. Depth of the injection zone. corrosion. has been notified in writing by an agent of the waste shall be retained for proper disposal as 4. Record of completion and plugging ,age depression leading to an required by the Administrator. activities. department that the owner or operator of said Specific Authority 377.22 FS. Law Implemented 5. Additional information which may be (r) Any other pertiment information 377.22, 377.37 FS. History-New 11-26-81. required by the Administrator to properly Which may be requested. lease or wells has violated any state law, rule, 16C-29.02 Injection Wells. evaluate the environmental impact on a site . (1) A permit is required prior to specirfic. commencement of drilling operations on a (d) A statement of estimated daily volume (4) The plan shall include proof of (b) No transporter shall accept of receive well designed for disposal of salt water into of salt water to be injected, and of the permission of appropriate interests in land any subsurface formation, or for the purpose injection pressure anticipated. which allow the operator to use the proposed any oil from any other transporter after of introducing gas or fluid into a producing (e) A statement of other known instances system. having been notified in writing by an agent Of reservoir for the enhancement of in which the proposed disposal zone has been (r) Any other pertiment information the department that that other trasporter hydrocarbon recovery by pressure used for salt-water disposal. which may be requested. has biolated any state law, rule, regulation or maintenance (see Chapter 16C-26). If a well (f) A chemical analysis of the formation permission of appropriated interests in land initially drilled for the procuction of oil or gas waters of the aone proposed for brine which allow the operator to use the proposed is ato be converted to an injection well, an injection taken from the well in which system. application (Form No. 3) to convert the well already drilled. However, if analysis of the (5) Completion Report. The operator must be submitted and permission obtained same identifiable zone exists from at least one shall notify the Administrator when from the department. Such permit shall be other well within two(2) miles of the installation of the flow line is completed. valid for one year from the date of insurance. If proposed injection well and is on file with the (c) In order to carry out the spirit and drilling or conversion operations are not Administrator, the Administrator may waive (6) Provided the operator obtains prior initiated within six months after the date of this requirement, provided, however, approval from the Administrator, new purposes of this and other regulations approval, the permit may be renewed by the geophysical logs are furnished over the segments of less than 1,000 yards length may tending to provided orderly production of Administrator for antother six-month period. interval of the well in which the injection be added to a completed flowline system crude oil whithout wast and to give equal Wells drilled or converted for injection none is proposed, and they give adequate opportunity to marketing oil to all operators purposes are suject to all the requirements assurance that contained chlorides are no less within a field. These are to be depicted on an bringing wells into production in said field, of plugging and site restoration as are oil or than 5,000 parts per million (ppm). updated Copy Of the map as described in gas wells. (g) A sworn statement that such disposal subsection (2) above. The installation date of all pipeline companies are hereby directed to (2) No subsurface formation or zone will well will be completed in a manner to insure all segments of the system are to be shown be approved for fluid disposal if total that the disposal products and injected into is to be convened to an injection well, an dissolved solids of the formation fluid do no the proposed injection zone and that the revised bopy of the map, which shall be make connection of their lines to the lease equal or exceed 10,000 ppm and chloride provision has been made submitted to the Administrator within 90 tanks on properties or leases in rotation as content does not equal or exceed 5,00 ppm. days after the addition of a segment. wells are completed, regardless of ownership. Specific Authority 377.22 FS, Law Implemented Connections shall be accepted and taken by 377.21, 377.22, 377.30 FS. History-New 11-26-81. the pipeline companies which by geographical location and least expense is the 16C-28.16 Pipelines (Form No. 14). logical connection unless some other line is (1) Certificate of Compliance (Frorm No. willing to accept same. 14). Authorization of Transport. No pipeline Specific Authority 377.22 FS. Law implemented operated as a common crrier shall be 377.21,377.22,377.30 FS. History-New connected with any oil or gas well nor shall 11-26-81. any oil or gas be removed from a lease, by truck or other mans of transport until the well operator shall furnish a certificated (Form No. 14) provided by the Administrator, that the conservation laws of 16C-29.05 1984 ANNUAL SUPPLEMENT 100 protection of fresh-water aquifers nad other zones of commerial value. A schematic diagram of the disposal well showing the casing and cementing program shall be attached together with an explanation therof. Adequate provision must be made to insure that casing is set below the base of fresh-water aquifers into salt-water aquifers. (4) Prior to the injection of salt water, an agent of the department shall inspect earth completed disposal facility to insure compliance. (a) When the bureau notifies an applicant that is application for a permit to inject fluids underground is complete, the applicant shall provide public notice of its intentions. the applicant shall publish notice of the general surface location of the injection well, the formation or zone into which the fluids will be injected, and the nature and amounts of fluids to be injected. (b) The applicant , at its cost, shall publish notice in a newspaper of general circulation in the area of the proposed operations and to all persons who have notified the bureau that they wish to receive notice of these activities. the applicant shall provide the bureau with proof of publication within 30 days of receiving the notice of the bureaus determination that the application was complete. Proof of publication is a necessary condition (5) the operator shall measure the amount of salt water injected into each disposal well and shall report to the Administrator the monthly volume each quarter of the calendar year. (6) All injection wells shall be equipped with tubing and packer set above the point of injection. No injections shall be permitted through casing, in the annulus between casing strings, or between casting and the well bore. (7) the integrity of the casing and tubing strings for injection wells shall be pressure rested in the presence of an agent of the department in accordance with the provision of Chapter 16C-27 during construction and within five year intervals thereafter. If the casing or tubing fails to hold the scheduled pressure during the rest time specified, remedial action and retests shall be made prior to approval of the well for injection purposes. (8) Each permit for an injection well shall include a condition specifying the upper limit of allowable pressure. Specific Authority 377.22 FS. Law Implemeneted 377.22 FS. History-New 11-26-81, Amended 4-12-83,8-1-83 16C-29.03 Injection Wells for Pressure Maintenance. Permits for wells, either constructed for or converted for the prupose of maintaining reservoir presures in a producing field, may be granted following a hearing prior to unitization of a producing oil or gas field, or portion thereof, as provided by Section 377.28 F. S. Regulations governing the drilling of oil or gas wells and for salt-water disposal wells in the state apply to wells drilled for pressure maintenance. Specific Autheroity 377.22 FS. Law Implemented 377.22, 377.28 FS. History-New 11-26-81. 16C-29.04 Monitoring , Periodic Inspection and Record Keeping. (1) Monitoring. All injection wells shall be equipped for pressure reading of the casing and tubing strings. The pressure readings shall be recorded weekly, In addition, the total volume of injected fluid shall be recorded weekly on a log kept with the pressure readings. If surface pressure fluctuations indicate malfunction of the injection system, or failure of the casing, tubing, or packer, the Administrator or his agent shall be notified immediately and the integrity of the well shall ve verified according to Rule 16C-29.07. If a malfunction of failure is detected injection will cease until the problems are corrected. (2) All injection wells shall be visually inspected at quarterly intervals; pressure gauges shall be calibrated or proofed quarterly and records maintained therof. (3) the operator of each injection well shall file the following reports with the Administrator: (a) NOtification within ten days of the start-up date of the initial injection operation. (b) Quarterly reports containing the monitoring and inspection reports required above. (c) Temporary discontinuance of the injection operation due to mechanical problems shall be reported within ten (10) days of each occurrence, stating the reason for the discontinuance. (d) any malfuntion of the injection system which may cause migration of fluids into any zone other than the intended injection zone shall be reported immediately. Specific Authority 377.22 FS> Law Implemented 377.22, 377.28 FS. History-New 11-26-81. 16C-29.05 Workover Notification. Each operator shall notify the Administrator 101 1984 ANNUAL SUPPLEMENT 16C-29.07 or his agent prior to commencting a workover operation except in an emergency as provided herein. this notification may be by telephone to the District Coordinator and subsequently confirmed in writing to the Administrator within ten (10) days. In the case of an emergency, remedial work may be initiated immediately, in which case the required notification shall be made as soon as possible, but in no event later than 24 hours after the emergency occurs. (1) Workover notification shall state the following: (a) Well permit number, well name and number, the field name, and the section , township, and range in which the well is located. (b) The nature of the work to be performed during workover, the type of workover fluid utilized, and the purpose of workover. (c) A description of fire extinguishing equipment to be on location during the workover. (d) The estimated date workover is to begin and days to completion. (2) Within thirty (30) days following completion of any workover, a revised well record (Form No. 8) shall be submitted to the Administrator. Specific Authority 377.22 FS. Law Implemented 377.22 Fs. History-New 11-26-81. 16C-29.06 Workover Operations. (1) All workover rigs which have a derrick floor more than forur (4) feet above ground level shall have a minimum of two sets of stairs which lead from the derrick floor to the ground to allow for two directions of exit from the derrick floor. (2) All engines which are used to power workover rigs, workover rig pumps and electric generator sets shall have spark arresiors on each engine's exhuast. (3) Whenever possible no electric generator set shall be located closer than one hundred fifty (150) feet form a wellbore or any fire hazard. (4) No smoking shall be permitted within one hundred fifty (150) feet of a workover rig while workover operations are in progress. (5) Fire extinguishing equipment shall be provided and readily available on all workover rigs. A fire drill shall be conducted at the initiation of a job and once every week thereafter for each crew to insure that all equipment is operational, and that all crews are properly trained to carry out emergency duties. All fire drills shall be recorded in the driller's log. An impromptu fire drill may be conducted at any time duringj the workover if requested by the Administrator or his agent, provided that such drills shall not be requested during critical periods of operation where the personnel, the well, or the equipment might be endangered as a result of the drill. (6) Two-way radio or telephone commnication shall be provided at the location of each workover operation. Specific Authority 377.22 FS. Law Implemented 377.22 FS. History-New 11-26-81. 16C-29.07 Pressure Testing of Production Casting, Tubing and Packers on Workover Operations. (1) the production casing in all Type I wells shall be pressure tested to a pressure which is equivalent to the depth of the production casing multiplied by ).1 psi/ft. of depth. This pressure shall be applied at the surface of the ground for a duration of 30 minutes, and no more than a 10 percent bleed off of pressure is acceptable during this tests. If there is evidence of a leak, necessary remedial measures shall be taken, and the same type of pressure test shall be reapplied after completion of the remedial measures. This pressure less shall be conducted after every fishing job in which the production casing string may have been damaged, and lso if requested by an agent of the department. All production casing pressure tests shall be recorded on the driller's log. (2) the production casing in all Type II wells shall be pressure tested to a pressure which is equivalent to the depth of the production casing multiplied by 0.05 psi/ft. of depth. This pressure shall be applied at the surface of the ground for a duration of 30 minutes, and no more than a 10 percent bleed off of pressure is acceptable during this test. If there is evidence of a leak, necessary remedial measures shall be taken, and the same type of pressure test shall be reapplied after completion of the remedial measures. This pressure test shall be conducted after every fishing job in which the production casing string may have been damaged, and also if requested by an agent of the department. All production casing pressure tests shall be recorded on the driller's fog. (3) Tubing and packers in Type I wells shall be pressure tested to a pressure which is equivalent to the depth of the tubing multiplied by 0.1 psi/ft. of depth. This pressure shall be applied at the surface of the ground for a duration of 30 minutes, and no 16C-29.09 1984 ANNUAL SUPPLEMENT 102 more than a 10 percent bleed off of pressure is acceptable during this test. If there is evidence of a leak, necessary remedial measures shall be taken, and the same type of pressure test shall be reapplied after completion of the remedial measure. All tubing and packer tests shall be recorded in the driller's log. tubing and packer pressure tests are waived for Type II wells. Specific Authority 377.22 FS. Law Implemented 377.22 FS. History-New 11-26-81. 16C-29.09 Plugging and Abandonment of Wells (Form No. 15). (1) The approval to plug and abandon shall be granted by the Administrator. Methods must be submitted in writing, using Form No. 15, stating reasons for abandonment and the detailed plans for any casing removal and plugging. Verbal approval may be granted by the Administrator or his agent prior to the submission of Form No. 15. Equipment shall be removed and the well site shall be properly reclaimed immediately after plugging operations are completed on any well. (2) an agent of the department may inspect the work of abandoment as it progresses, including checking the location and quanity of plugs, the amount of casing pulled, and the demonstration of movement, if any, of oi, gas or water. (3) Wells approved for possible use for secondary recovery operations may be closed in a manner to permit the reworking of the wells for the intended use. (4) The drilling of a well may not be temporarily suspended for periods longer than sixty (60) days without approval of the Administrator. any well on which unapproved suspensions are in excess of sixty (60) shall be considered to be an abandoned well, and shall be plugged in accordance with these rules. (5) Pulling of Casing from an Abandoned Hole. Before pulling casing from an abandoned hold the operator shall obtain approval from the Administrtor for reentry well. All requests to pull casing shall contain: (a) A diagram showing the casing in place and the depth at which casing is to be cut and recovered. (b) The procedure to be followed to protect fresh-water resources. (c) The propsed schedule of plugging the well. (6) The operator shall provided the agent of the department with at least twenty-four hours notice prior to commencement of any plugging operation. (7) Permanent Abandonment. (a) Uncased-hole plugs. 1. In uncased portions of wells, fresh water zones shall be isolated from adjoining saline zones by a cement plug which extends at least 200 feet above and below the fresh-water saline-water contact. 2. Uncased holes that penetrate formations known to contain hydrocarbons shall have a cement plug, not less than 200 feet in length , placed opposite each horizon, reservoir or formation, known to be producing hydrocarbons iwthin ten miles of the well being plugged. Such plugs will be placed in such manner as to seal off the producing formations from the well bore. The interval in the well bore above the plug, and the holes that do not penetrate a known producing zone, reservoir or formation, may be gilled with the fluid used in drilling such well, to within 100 feet below the base of the deepest string. (b) In-out casing plugs. Where there is open hole below any casing string, a cement plug shall be placed at the base of the string, extending a minimum of 100 feet above and 100 feet below the casing shoe. A cment retainer shich is composed of materials other than magnesium and with effective back pressure control may be set not less than 50 feet nor more than 100 feet above the casing shoe. A cement plug must be placed so that it will extend at least 100 feet below the casing shoe and 100 feet above the retainer. In the event lost circulation donditions were encountered during drilling within 100 feet below the casing shoe a permanent type bridge lug may be set within 100 feet above the casing shoe, and 150 feet of cement placed on top of the bridge plug. (c) Plugging of perforated intervals. No perforation shall be permitted to remain open upon abandonment. Either a cement retainer shall be set a minimum of 100 feet above the open perforation interfal with cement squeezed into the perforation interval, and a 100-foot cement plug then placed on top of 103 1984 ANNUAL SUPPLEMENT 16c-29.11 the cement retainer, or a 200-foot cement plug shall be placed to extend 100 feet below and 100 feet above the perforation. This plug shall be verified either by tagging with 15,000 pounds of drill stem weight or by utilizing an amount of cement 100% in excess of that needed for the 200-foot plug. (d) Plugging of casing stubs. If casing is cut and recovered, a cement plug 200 feet in length shall be placed at the base extending 100 feet above and 100 feet below the stub. A retainer may be used in setting the required plug. (e) Plugging of annular space. No annular space between the casing strings sahll be left open to the drilled hole below. If this condition exists, all of the annular space shall be plugged with a minimum 1,000 foot cement plug at the top of the casing. (f) Surface plug requirement. 1. Dry land. A cement plug shall be placed in the casing of smallest diameter extending to the surface. This plug shall extend from the surface downward 25 feet or more, and a steel plate shall be welded across the top of casing. 2. Wetlands and submerged lands. A cement plug shall be placed in the casing of smallest diameter extending from the top of casing downward for 150 feet. (g) Testing of plugs. The setting and location of all plugs below the surface that extend in and out of casing strings shall be verified by either placeing a minimum pump pressure of 1,000psig with no more than a 10 precent pressure drop during a 15-minute period. or testing with 15,000 pounds of drill-string weight. All other plugs shall be verified as directed by the agent of the department. (h) Drilling fluid. Each of the respective intervals of the hole between the plugs shall be filled with drilling fluid of sufficient density to exert hydrostatic pressure which exceeds the greatest formation pressure encountered while drilling such interval. (i) Mud pits. All fluids and recoverable slurry that remain in the pits shall be either returned to the well bore below the fresh-water aquifer during the process of plugging. placed between plugs get in the casings, or removed to a land fill. (j) Restoration of location. The operator shall remove all waste debris, and equipment from the site without undue delay, and shall undertake such restoration of the site as is necessary to protect the site, adjoining areas and the natural resources. Land drilling sites shall be restored to about the original contour of the surface. All access roads constructed for the purpose of site access shall be removed and area restored to about the original contour of the land. The operator, with written consent of the landowner, may request in writing an exception to this procedure. The Administator may allow temporary stacking of equipment to assist in the orderly development of a drilling program. 1. Dry land. All casing shall be cut off at least four feet below ground surface. 2. Wetlands. All casing shall be cut off at least one foot below the water-bottom surface in the Everglades and at least four feet below the water-bottom surface in areas of standing water. 3. Submerged lands. All casing and piling shall be severed and removed to at least 15 feet below the water-bottom surface of submerged land. The water bottom shall be dragged to clear the well site of any obstructions. (8) Temporary Abandonments. Any drilling well which is to be temporarily abandoned sahll be filled with drilling fluid and cemented as required for permanent abandonment. except for requirements of subsections (7)(f) and (j)1. When casing extends above the water's floor, a non-magnesium mechanical bridge plug (retrievable or permanent) shall be set in the casing between 15 and 2,000 feet below the water's floor. Specific Authority 377.22 FS. Law Implemented 377.22, 377.24 FS. History--New 11-26-81, Amended 4-12-83. 16C-29.10 Affidavit on Plugging Completion (Form No. 16). Within thirty (30) days after the plugging of any well has been completed, the operator shall file Form No. 16 with the Administrator setting forth in detail the method used in plugging the well, and shall include a detailed description of the restoration as performed. Specific Authority 377.22 FS. History--New 11-26-81. 16C-29.11 Final inspection. (1) A final inspection by an agent of the department is required for each site that has been restored before the operator may be relieved of the liability of the requirements under these rules/ (2) The inspection will be made at the request of the operator upon completion of restoration. Specific Authority 377.22 FS. Law Implemented 377.22 FS. History--New 11-26-81 1984 ANNUAL SUPPLEMENT 16C-30.04 104 16c-29.12 Fresh-Water Supply Wells. (1) All wells drilled for the supply of fresh water at the site of a test well shall be drilled by a water-well contractor who is licensed under Florida Statute. (2) No well drilled in the search for oil or gas production may be plugged or abandoned in any manner that permits its subsequent use as a water-supply well. (3) The anticipated permanent use of any water well drilled as a part of the testing for oil or gas, such as future use by the landowner as a fresh-water supply well, is prohibited unless, the affected water management district has granted permission prior to construction of the well and a copy of such permit is one file with the Bureau of Geology. Specific Authority 377.22 FS History-New 11-26-81. CHAPTER 16C-30 CONSERVATION OF OIL AND GAS:WETLANDS AND SUBMERGED LANDS 16C-30.01 General. In addition to the provisions of Chapters 16C-35 through 16C-29, Florida Administrative Code, the department may impose additional requirements on activities related to the drilling, exploration for or production of petroleum products when such activities are undertaken on, in, or above submerged lands. Additional requirements may also be imposed for other environmentally sensitive areas where such activities may or could impede sheet flow of water, affect state-owned lands, or other areas where the nature, character, location of the lands or the ecosystems located on the lands require additional safeguards. In no case shall the department issue a permit for the erection of a drilling structure where such structure would be located upon submerged lands which are occupied by living coral organisms in reefs, patch reefs, or other isgnificant communities where coral is a dominant structure or organism which would be sub- ject to damage or destruction by the erection or operation of such a structure. Each applicant shall provide the depart- ment, as part of the application, a biological survey of the submerged lands upon which structures are proposed to be located. The biological survey must be sufficient to enable the department to determine whether living coral organisms in such communities are present. In the event that scientific studies determine that certain areas of submerged lands are naturally devoid of such communities, the department may waive the requirement for a survey in such areas. Require- ments of the chapter are in addition to and shall be read as cumulative with the provisions of Chapters 16C-25, 16C-26, 16C-27, 16C-28, and 16C-29, Florida Administrative Code. Specific Authority 377.22 Fs Law Implemented 377.21, 377.22, 377.24, 377.241, 377.242, 377.243, 377.371 FS History-New 11-26-81. 16C-30.02 Intent. It is the intent of the department to allow exploration for the production of oil and gas in the Big Cypress watershed provided that those activities are conducted in a manner which will protect the Big Cypress watershed from deterioration by eliminating or mitigating the environmental impacts caused by the exploration for and production of hydrocarbons. Specific Authority 377.22 FS. Law Implemented 377.22, 377.243, 377.371 FS. History-New 11-26-81. 16C-30.03 Big Cypress Watershed. The Big Cypress watershed is that area in Collier County and the adjoining portions of Hendry, Broward, Dade, and Monroe counties designated as the Big Cypress Swamp in the U.S. Geological Survey Open-File Report No. 7003. Specific Authority 377.22 FS Law Implemented 377.22. 377.243, 377.371 FS History-New 11-26-81. 16C-30.04 Big Cypress Swamp Advisory Committee. To insure that all requirements for obtaining a permit to explore for hydrocarbons in the Big Cypress Swamp Area are properly complied with, each application for such permit shall be reviewed by the Big Cypress Swamp Advisory Committee (hereafter Committee). (1) The Committee shall be appointed by and serve at the pleasure of the Board. The hydrologist and botanist shall be nominated by unanimous agreement of the other three members of the Committee and approved by the Board. (a) Chief of the Bureau of Geology of the Department of Naural Resources-Chairman. (b) Executive Director of the Florida Petroleum Council. (c) Representative from organized conservation group. (d) Hydrologist. (e) Botanist. (2) The Committee shall agree in principle to the policy of the Board, allowing continued oil exploration and production in the Big Cypress as set forth in Rule 16C-30.02 above. )3) The Committee shall be guided by the laws, rules and orders of the deparment which apply generally to oil and gas. And, if site specific conditions require, the Committee may recommend additional procedures, safeguards or conditions be applied to an application to drill and produce which are necessary to protect the integrity of the Big Cypress area in accordance with Rule 16c-30.01. (4) The Committee shall have no final authority on approval or denial of permits, but shall make recommendation to the Board and the Board shall take final agency action. (5) The Committee shall meet at the call of the Chairman to evaluate any pending applications for a permit to drill in the Big Cypress watershed, and may make other evaluations requested by the department. (6) All meetings of the Committee shall be advertised in the Florida Administra- tive Weekly. The Committee may seek the advice of other governmental agencies in reaching its recommendations to the Board, inviting them to participate in the meetings when appropriate. Specific Authority 377.22 FS Law Implemented 377.22, 377.243, 377.371 FS History-New 11-26-81. Amended 4-12-83. 16C-30.05 Applications to Drill. (1) The Committee shall evalute each application to drill and visit each proposed access route and drilling site to insure that the exploration and production activities will cause no permanent adverse impact on the water resources and sheet flow of the area, or on the vegetation or the wildlife of the area, with special emphasis on rare and endangered species. (2) In evaluating applications, the Committee shall use the following criteria: (a) Roads, including road extensions. 1. No road construction or improvement shall begin prior to obtaining a permit to drill. 2. Existing roads shall be used wherever feasible. 3. Existing roads, if improved, or new roads where constructed, shall be from material taken from approved borrow pits. There shall be no parallel borrow canals along roads. 4. All roads shall be culverted and maintainted to prevent degradation by industry vehicles. The size and number of culverts shall be deter- mined so that the natural flow of water is not impeded and the resource is protected. 5. All roads shall be only wide enough to accommodate one lane of traffic, but shall have at least one turn-out every mile for passing. 6. All roads shall be high enough to assure year round usage, except where otherwise expressly required to be lower. 7. All roads shall follow the best practical route suited to protect the natural environment. Where feasible, roads and road extensions should follow existing woods roads; or 8. Roads shall be constructed to avoid serious damage or enduring scars to land and wildlife, and to avoid obstructing the natural movement of water and wildlife. 9. Unless otherwise expressly approved, at the conclusion of exploration or production activities all roads shall be removed, the area restored to the approximate natural contour, and revegetated with natural vegetation as specified by the Committee. Roads may be left as constructed, or otherwise modified, if requested by the land owner or manager for good cause and if recommended by the Committee and approved by the Board. 10. All new access roads authorized to serve the needs of the exploration activities shall be limited in use to the permitted purpose. For these limited use access roads the applicant shall submit as a part of the proposed plan the means to accomplish the limited use including the control of unauthorized vehicles which are the constructing company's responsibility for the life of the permitted purpose of the road. 11. Access corridors and drilling pads shall not be constructed into or through sensitive resources such as cypress-mixed forest swamps, hardwood hammocks, mangrove forests, archeological sites, native ceremonial grounds and those zones which are documented and/or confirmed by the Florida Game and Fresh Water Fish Commission as areas of high level Florida Panther activity unless reasonable and prudent alternatives are not available. Known red-cockaded woodpecker colonies, rookeries, alligator holes, reseach sites, pine uplands and threatened or endangered species habitats shall be avoided where possible. 12. Access corridors (including pipelines) shall be contiguous where possible and corridors emanating from new entry points 16C-50.01 1984 ANNUAL SUPPLEMENT 106 shall be prohibited unless demonstrated to be the more prudent and reasonable alternative. (b) Drilling sites. 1. Drilling sites shall be located to minimize negative impacts on the vegetation and wildlife, including rare and endangered species, and the surface water resources. 2. Topographical and engineering surveys of the drill site shall be prepared and together with an aerial photograph of the drill site at a large scale, which can be obtained from existing governmental photographs with the well spotted therupon, shall be made a part of the Application to Drill (Form No. 3). 3. No site preparation shall begin prior to obtaining a permit to drill. 4. Every effort shall be made to limit the impact upon the environment of the Swamp by using areas covered by prairies, limited forest growth, or grazing, larming, or cleared lands where practical. 5. Drilling pads shall be constructed from trucked-in fill material or from material taken from approved borrow pits. 6. Drilling pads shall be constructed to a height to assure year round usage. 7. A protective levee of sufficient height to prevent any escape of oil shall be constructed around the drilling site and storage tank areas. a. An attempt will be made to use fine grain native material, particularly in the center of the levee. b. Should the available sediments be permeable, the levee shall be made tight by thickening the levee wall or by using drilling mud or plastic on the levee wall. 8. Directional (slam) drilling shall be utilized from existing drilling pads where it will have a beneficial effect upon maintaining the quality of the environment. 9. Unless otherwise approved, drilling pads shall be removed at the conclusion of exploration or production activities, and the area shall be restored to the approximate natural contour and vegetated with natural as specified by the Committee. Drilling pads may be left as constructed, or otherwise modified, if requested by the land or manager for good cause and if recommended by the Committee and approved by the Board. (c) Production. 9. The operating company shall prepare and submit for consideration of approval a field development plan as soon as practical field. All transportation of oil by pipeline, unless otherwise permitted. 2. If the oil from a producing well is to be removed by pipeline, the pipeline shall be equipped with automatic shut-down valves. All storage and loading facilities shall be located within impervious dikes as required by Rule 16C-27.03(3). 3. All flowlines and utilities shall be contained within the rights-of-way secured for road construction. 4. The operating company shall develop an emergency and contingency plan and shall have standby equipment consistent to meet the requirements of the area in which the operations are being conducted. 5. The operating company shall not provide a permanent residence in the Big Cypress to any employee except where the extreme isolation of his place of work, or some similar necessity, compels an exception. Such exceptions must be approved by the Administrator. 6. The operating company shall clean the site of any oil or other contaminants spilled at the site or spilled in conjunction with the drolling, production, and transportation activities. Specific Authority 377.22 FS. Law Implemented 377.22, 377.243, 377.371 FS. History-NEW 11-26-81, Amended 7-17-84. CHAPTER 16C-50 STATE FUNDING FOR AQUATIC PLANT CONTROL 16C-50.01 Intent. Pursuant to Section 372.925(5), Florida Statutes, this chapter and the rules of Chapter 16C-20, F.A.C., the Department of Natural Resources will implement this chapter as part of the state aquatic plant control plan as folls: (1) The Department shall administer the aquatic plant control funding program of the State, pursuant to Section 372.925, Florida Statutes, through a program of contracts and permits to protect human health, safety, and recreation and to the greatest degree practicable, prevent injury to plant and animal life and property. (2) The Department of Natural Resources may disburse funds to any special district or other local authority charged with the responsibility of controlling or eradicating aquatic plants subject to the eligiblity requirements in Rule 16C.50.03 of this chapter and Section 372.925(5), Florida Statutes. (3) The Department shall require an application for funds which will include a 107 1984 ANNUAL SUPPLEMENT 16C-50.02 work plan which describes the aquatic plant control needs and the techniquesto be used. Review and approval of the application will be based on the requirements of this chapter and the rules of Chapter 16C-20, F.A.C., Aquatic Plant Control Permits. (4) The Department is responsible for determining that funds are spent in accordance with program intent, therefore shall require an accounting of all funds disbursed in the State Aquatic Plant Control Program. The Department shall provide guidelines in this chapter for disbursement of funds pursuant to Section 372.925(5), Florida Statutes, in accordance with State Law and generally accepted accounting principles for governmental agencies. (5) The Department in accordance with the provisions of Section 372.925(a), Florida Statutes, shall disburse state aquatic plant control funds on an equal percentage among program participants by determining an annual percentage of funding based on available funds appropriated by the legislature and the total of the budgets of all applicants for funding. General Authority 370.021 F.S. Law Implemented 372.925 FS. History-New 8-31-82, Previously Chapter 16C-15. 16C-50.02 Definitions. (1) "Amendment"-means a formalized modification of an existing project agreement. (2) "Applicant"-means any special district, or other local authority charged with the responsibility of controlling or eradicating aquatic plants which has requested financial assistance for such control or eradication from the Department. (3) "Aquatic Plant"-means any plant growing in, or closely associated with the aquatic environment and includes "floating" "emerged," "submerged," and "ditchbank" species. (4) "Aquatic Plant Control"- means any technique designed to regulate growth of undesirable aquatic vegatation as provided by law. (5) "Aquatic Plant Eradication"- means techniques utilized in an attempt to kill all aquatic plants, on a permanent basis in a given geographical area. (6) "Budget"-means the total detailed anticipated expenditures including both local and anticipated state funds, which are within the catergories designated eligible by this chapter, for the fiscal year for which state funding is being requested. (7) "Bureau"-means the Bureau of Aquatic Plans Research and Control, an administrative subdivision of the Department. (8) "Constractual Service"-means the rendering by a contractor of its time, effort, and expertise rather than the furnishing of apecific commodities. (9) "Department"-means the State of Florida Department of Natural resources. (10) "Direct Costs"-means costs that can be specifically identified as being incurred for the accomplishment of approved aquatic plant control activities in eligible waters. (11) "Disallowed Costs"-means reported project costs which are subsequently disallowed by the Department due to noncompliance with state laws, rules, regulations, or the agreement. (12) "Donated Materials, Property, and Services"-means materials, property or services contributed or provided at no cost to the Grantee for others. (13) "Eligible Costs"-,means costs identified by state laws, rules or the agreement, as being reimbursable with state funds. (14) "Grantee"-means any applicant which has been approved for state aquatic plant control funding. (15) "Indirect Costs"-means costs incurred for common or joint purposes that cannot be readily identified as being incurred solely for the accomplishment of the aquatic plant control activities specified in the approved work plan. (16) "Local Authority"-means a county or municipal government or other local public body. (17) "Project Agreement (Contract)"-means a written contract executed by the Department and Grantee setting forth in detail the mutual obligations of both parties. (18) "Project Administrator"-means the official designated by the Grantee to serve as a liaison agent in routine matters and provide direct project supervision and administration. The Bureau Chief or other designated person shall serve as the Department's project administrator. (19) "Project Financial Officer"-means the official who is primarily responsible for maintaining the financial and accounting records of the Grantee. (20) "Special District"-means a local unit of special government, except district school boards and community college districts, created pursuant to general or special law for the purpose performing THE FLORIDA MANATEE SANCTUARY ACT CH. 16 RULES subsections 370.12(2)(f)(1), (2),(3),(4))b OF THE (6), (7). (8), and (9), and subsection DEPARTMENT OF NATURAL 370.12(2)(g), F.S. RESOURCES (2) "Idle speed" means the minimum speed that will maintain the steerageway of a DIVISION OF LAW ENFORCEMENT motorboat. (3) "Idle speed zone" means a designated CHAPTER 16N-22 area within which it has been established that THE FLORIDA MANATEE concentrations of manatees in large numbers CHAPTFA 16N-22 SANCTUARY ACT are known to exist and within which all THE FLORIDA MANATEE motorboat operators shall exercise a high SANCTUARY ACT 16N-22.01 Scope. degree of care for manatee presence, and shall 16N-22.02 Defissitiow. 16N-22.02 Definitions. not, unless authorized by a valid federal or 0 0 0 16N-22.03 Exception. state permit, either intentionally or negligently (9) "Caution zone" means an area where 16N-22.04 Management Provisions. annoy. molest, harass, disturb, collide with, manatees frequently inhabit on a some-hat 16N-22.05 Lee County Zones Established. injure or harm manatees and shall proceed at rcgullar basis and boaters arc advised to use 16N-22.06 Brevard County Zones the minimum speed that will maintain safe caution so as not to strike a manatee. Established. steerageway. (10) [Renumbered from former (9)1 16N-22.07 Indian River County Zones (4) "Miles" means statute miles. sodlir Authorir)- 37012(2)(0 FS. Law Established. (5) "Motorboat" means any boat or vessel Impkawnted 370.120M) FS. Hislor)-htw 16N-22.08 St. . Lucie County Zones propelled or powered by machinery. 349-79. Amended 11-23-83. Established. (6) "Motorboats prohibited zone" means 16N-22.09 Palm Beach County Zones an area in which it is posted or it is apparent Established. that because of the density of manatees or the 16N-22.10 Broward County Zones condition of the area, motorboat activity shall Established. be hazardous to the manatees and shall be 16N-22-11 Citrus County Zones prohibited. Established. (7) "Slow speed" means no speed greater 16N-22.12 Volusia County Zones than that which is reasonable and prudent to Established. avoid either intentionally or negligently 16N-22.13 Hillsborough County Zones annoying, molesting, harassing, disturbing, Established. colliding with, injuring or harming manatees 16N-22.14 St. Lucie Inlet to Jupiter Inlet and which comports with the duty of all Zone Established. persons to use due care under the 16N-22.1 5 Statutory Violation. circumstances. 16N-22.16 Rule Violation. A motorboat in a manatee sanctuary area designated as a slow speed zone, (1) that is 16N-22.01 Scope. The "Florida Manatee operating on a plane is not proceeding at slow Sanctuary Act" was adopted to protect the speed; (2) that produces no wake or minimum manatee or sea cow (Trichechus manatus) in wake is proceeding at slow speed; (3) that is in waters ofthe Statco(Florida from disturbance, the process ofcoming off planeand settling into harassment, injury or harm in part by the water, which action creates more than no or regulating as mandated in subsections minimum wake is not proceeding at, slow 370.12(2)(f), (g), (h), (i), and (j), F.S.. speed; (4) that is completely off plane and motorboat speeds and operation in the critical which has settled into the water and is areas of manatee concentration between the proceeding without wake or with minimum dates of November 15 and March 31 of each wake is proceeding at slow speed. year, which time period constitutes the months (8) "Slow speed zone" means a designated of greatest manatee concentration. area within which it has been established that Specific Authority 370.12(2)(1) FS. Law manatees arc known to congregate. In a slow Implemented 370.12(2)(d), (0 FS. Hiaory-New speed zone, motorboat operators shall not 3-19-79. proceed at a speed greater than is reasonable 16N-22.02 Definition& When used in and prudent to avoid either intentionally or these rules, the following words shall have the negligently annoying, molesting, harassing, indicated meanings unless the context clearly disturbing, colliding with, injuring or harming indicates otherwise: manatees and shall operate such motorboat in (1) "Critical areas" means portions of accordance with legal requirements and the waters of the State of Florida as defined by duty of all persons to use due care under the circumstances. 431 IATURAL RESOURCES THE FLORIDA MAN reflectorized paint or attached units and situated in locations where they will be highly visible to the boating public. Specific Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(f) FS. History-New 3-19-79. 16N-22.05 Lee County Zones Established. (1) For the purposes of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Lee County zones are established as follows; (a) IDLE SPEED ZONE - All waters of the Orange River and that part of the 16N-22.04 Management Provisions. Caloosahatchee River lying downstream and (1) Appropriate zones are established for northerly northwesterly, westerly, and/or the purpose of regulating the speed and southwesterly of the point of confluence of the operation of motorboat traffic between the Caloosahatchee and Orange Rivers for a dates of November 15 and March 31 if each distance of one mile and those waters of the year by taking into consideration the safety and Caloosahatchee River lying upstream and -being of the manatees in those state designated in subsection northerly and/or easterly for a distance of (f)(1), (2), (3), (4), (5). (6), (7), (8), one-half a-mile. (9) F.S., safety of the boating public, (b) SLOW SPEED ZONE - All waters of the Caloosahatchee River lying upstream inconvenience to the boating public and and easterly and/or northeasterly between natural marine habitat protection. (2) Such zones shall be marked by large one-half mile and one mile of the point of signs conforming to the Florida Uniform confluence with the Orange River. Waterway. Marking, System. in accordance (2) The zones described in 16N-22.05(1) with Section 371.521, F.S., provided with herein are depicted on the following map. CH. 16N-22 DEPARTMENT OF NATURAL RESOURCES 16N-22.06 Brevard County Zones Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Brevard County zones are established as follows: (a) IDLE SPEED ZONE-All waters of the Indian River lying within three-fourths mile of the hot water effluent outlet of the Delaspine Power Plant. (b) IDLE SPEED ZONE-All waters of the Indian River lying within three-fourths mile of the hot water effluent outlet of the Frontenac Power Plant and westerly of the Intracoastal Waterway. (c) SLOW SPEED ZONE-All waters of the Indian River lying easterly of the westernmost portion of the Intracoastal Waterway within three-fourths mile of the hot water effluent outlet of the Frontenac Power Plant. (2) The zones described in 16N-22.06(1) herein are depicted on the folling map: THE FLORIDA MANATEE SANCTUARY ACT CH. 16N-22 16N-22.07 Indian River County Zones Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Indian River County zones are established as follows: (a) IDLE SPEED ZONE-All waters of the Indian River lying northerly of the Vero Beach Municipal Power Plant and westerly of the Intracoastal Waterway for a distance of one and one-fourth mile and those waters lying southerly of the Vero Beacy Municipal Power Plant and westerly of tracoastal Waterway for a distance of one-half mile. (b) SLOW SPEED ZONE-All waters of the Indian River lying within one and one-fourth mile of the Vero Beach Municipal Power Plant easterly of the westernmost portion of the Intracoastal Waterway and those waters westerly of the Intracoastal Waterway lying between one-half and one and one-fourth miles. (2) The zones described in 16N-22.07(1) herein are depicted on the following map: Specific Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(f)(2) FS. History-New 3-19-79. 434 Specific Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(f)(3) FS. History New 3-19-79. 435 CH. 16N-22 DEPARTMENT OF NATURAL RESOURCES 16N-22.08 St. Lucie County Zones Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the St. Lucie County zones are established as follows: (a) IDLE SPEED ZONE-All waters of the Indian River lying within one-half mile of the Henry D. King Municipal Electrical Station and westerly of the Intracoastal Waterway. (b) SLOW SPEED ZONE-All waters of the Indian River lying between one-half mile and one mile of the Henry D. King Municipal Electrical Station and lying easterly of the westernmost portion of the Intracoastal Waterway. (2) The zones described in 16N-22.08(1) herein are depicted on the following map: THE FLORIDA MANATEE SANCTUARY ACT CH. 16N-22 16N-22.09 Palm Beach County Zones Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Palm Beach County zones are established as follows: (a) IDLE SPEED ZONE-ALL waters lying within one-half mile of the discharge of the Florida Power and Light Riviera Beach Power Plant including the Intracoastal Waterway. (b) SLOW SPEED ZONE- All inland waters lying beyond one-half mile and within one and one-half mile of the discharge of the Florida Power and Light Riviera Beach Power Plant including the Intracoastal Waterway. (2) The zones described in 16N-22.09(1) herein are depicted on the following map: Specific Authority 370.12(2)(f) FS. Law Implemented 370.12(2)(f)(4) FS. History-New 3-19-79. 436 Specific Authority FS. Law Implemented 370.12(2) S. History-New 3-19-79 437 THE FLORIDA MANATEE sancturary act ch. 16n-22 DEPARTMENT OF NATURAL RESOURCES 16N-22.10 County Zones Plant lying northerly of Highway 84 and Established. southerly of the south fork of New River. (1) For the purposes of regulating the speed (c) SLOW SPEED ZONE - Those and operation of motorboat traffic between the navigable inland waters of Broward County dates of November 15 and March 31 of each lying more than one-fourth mile and within year, the Broward County zones are one and one-half mile of the discharge canal of established as follows: the Part Everglades Power Plant. (a) IDLE SPEED ZONE - The (d) SLOW SPEED ZONE - Those discharge canal of the Florida Power and Light navigable waters within two miles of the Fort Port Everglades Power Plant and connecting Lauderdale Power Plant except that part of the waters within one-fourth mile including the hot water discharge canal lying northerly of Intracoastal Waterway. Highway 84 and southerly of the south fork of (b) IDLE SPEED ZONE - Those New River. navigable discharge canal watersofthe Florida (2) The zones described in 16N-22.10(1) Power and Light Fort Lauderdale Power herein are depicted on the following maps: 438 CH. 16N-22 DEPARTMENT OF NATURAL RESOURCES THE FLORIDA MANATEE SANCTUARY ACT CH. 16N-22 16N-22.11 Citrus County Zones Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Citrus Countyzones are established as follows: (a) IDLE SPEED ZONE -- All that part of king's Bay lying southerlyof a straight line drawn from the easterly Bay shore across the northerlytip of Parker Island to the southern shoreline of Buzzard Island and westerlyto the Bay mainland. (b) IDLE SPEED ZONE-- Those canal waters in the Springs of Paradise housing subdivision extending from the southwest First Court Bidge to the east and thence south to a line extending east form the southeast corner of Paradise Isles to the mainland. (c) SLOW SPEED ZONE--All that part of King's Bay lying northerly of a straight line drawn from the eastern Bay shore across the northern tip of Parker Island to the southern shoreline oif Buzzard Island and westward to the Bay mainland. (d) IDLE SPEED ZONE--All waters in that part of the Homosassa River from Pine Island, located by a line running north and south dividing Section 31, Township 19, Range 17 East, Citrus Countyto Peterson Creek, located by a line running north and south dividing Sections 31 and 32, Township 19 South, Range 17 East and in all of that part of the Homosassa River located in Section 28, Township 19, Range 17 East. (e) IDLE SPEED ZONE--That part of the headwaters of the Homosassa Riverlying in Section 28, Township 19, Range 17 East. (f) SLOW SPEED ZONES--All waters of the Homosassa River running from Pine Island downstream to a line dividing Section 31, Rang 17 East and Section 36, Range 16 East and that part of the Homosassa River from Peterson Creek northeasterly to the westerly border of Section 28, Township 19 South, Range 17 East. (2) The zones described in 16N-22.11(1) herein are depicted on the following maps: ---------- ---- ---------------------- 10 C... C ... 6 1 1. 1 sop c'.- 1 19 19 21 22". cs 7a '00 V. jt@ 41 .... .. ..... 1@ 30 -T-f ---------- 77T7' 31 32 33 304 --- RIM - "001 22 ..7 20 *6%. C, 0 j ZC@b cc 30;; 29- aa@ cq 0 n. 35 Iwmlw-m Moog.* A C@d IV UNS od usca" r.Pwsvbw-w I Mft W PAIO FAMM hond I ' -04 iom 1951. NM dook LWJ-106 im pwx@ pqsww 1921 Pa" A"im dwiii com"m omw4ft W Ptu GPM um -9-ft" 10M.M U-nd T@ amw Pit oft o"', 72 L I4_1 , Fw@ FM &A" Wr M L 09CLOG" Vim". WASHOWON 25. IL C 4 @ stmomm WIG. "Wo -9 "me ir am"" an "Wo 1 8 Aviti-22 DEPARTMENT OF NATURAL RESOURCES THE FLORIDA MANATEE SANCrU&RV A& Cli 1614-=,12 Valusim County ZOO" (b) IDLE SPEED ZONE - Those Fmalulubed. navigable waters of the St. Johns River withim J." (1) For the purpose of regulating the speed @cmr@half mile of thepoint of confluence o(dw_ an4 operation of amtorboat traffic between the St@ jahas River and Blue Springs Run. dates of November IS and March 31 of each (c) SLOW SPEED ZONE - Thow year, the Volusia County zones are established navigabit waters of the St. Johns River lying 7 i 4 0 23 follows. bewma one-haif mile amd onemileaf the Pain, jj) MOTORBOATS PROHIBITED ofoanfluenceof the&. Johns River with Blue 1".:. ZONE - Thost watm of Blue Springs Run Springs Run. from the @vkmtofconfluence with the St, Johns (2) The zones described in 16N-22-12(i) River to anAikAuding the Springs headwaters. herein art depicted an the following mav. -;7 A 6A 7 V NV;. N go 17 P C, 4 0"a %G%ft vaLusth C*Am Ums St. Johns At- 10,46 sorlAq, PoA -%.t eAI xq, 444 CH. 16N-22 DEPARTMENT OF NATURAL RESOURCES 16N-22.13 COUNTY ZONES ESTABLISHED. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the Hillsborough Countyzones are established as follows: (a) IDLE SPEED ZONE -- Those waters of the Alafia River from Highway 41 bridge westerly one mile to their point of confluence with Hillsborough Bay. (b) SLOW SPEED ZONE--Those waters of the Alafia River from a point one mile westerlyof Highway 41 bridge to the main shipping channel. (2) The zones described in 16N-22.13(1) herein are depicted on the following map: THE FLORIDA MANATEE SANCTUARY ACC CH.16N-22 16N-22.14 St. Lucie Inlet to Jupiter Inlet Zone Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between the dates of November 15 and March 31 of each year, the St. Lucie Inlet to JupiterInlet zone is established as follows: (a) SLOW SPEED ZONE--Those waters of the Indian River from St. Lucie Inlet to Jupiter Inlet with the exception of the Intracoastal Waterway and those sections regulated under authority of Section 371.522, F.S. (2) The zone described in 16N-22.14(1) herein is depicted on the following maps: Specific Authority 370.12(2)(1) FS. Law Implemented 370.12(2)(1)(9) FS. history--new 3-19-79. 446 447 C4 ...... ....... ... ... .. .................. ......... . .. ............... tr .... .... C_@ 4Al- X. i lix-v, 0 OCEAN ATLANTIC S L A i u P I T E R cc ZT (\tlx. INA, 7Z- 188 CH. 16N-22 OWPARTMENT OF NATURAL RESOURCES THE FLORIDA MANATEE SANCTUA'RY ACT 6N-22 rin, 3A. 12 Law 16N-22.15 Statutory Violation. Except as sperifir Authe y 370-12(2)(d) -New Implemented authorized by a valid federal or state permit, it 3 -19-79. shall be unlawful for any per-son at any time, 7-' by any means, or in any manner, intentionally 16N-22.16 Rule Violation. Any person 'z. or negligently, to annoy, molest, harass, or violating or otherwise failing to comply with disturb any manatee; injure, harm, or attempt the rules herein promulgated relating to _V J4 to injure or harm any manatee. Any person motorboat speed and operation shall be guilty of a misdemeanor of the second degree, violating this provision shall be guilty of a e as j misdemeanor of the first degree, punishabi punishable as provided in Section 775.082 or '0 - provided in Section 775.082, Section 775.083, Section 775.083, F.S. or Section 775-084, FS. SpecificAttzhority370.210) FS. LawImplentented 370.0210) FS. History-New 3-19-79. C 7- b ST. a 4 SLOA SPEED told Specific Authority 370.12(2)(g) FS. Law Implemented 370.12(2)(g) FS. History-New 3-19-79. 451 450 16N-22.151 144 1984 ANNUAL SUPPLEMENT 16N-22.15 Statutory Violation. Specific Authority 370.12(2)(1) FS. Law Implemented 370.12(2)(1)(d) FS. History-New 3-19-79. Transferred to 16N-22.30. 11-23-83. 16N-22.151 Lozahatchee River Zone Established. (1) For the purpose of regulating the speed and operation of motorboat traffic between and dates of November 15 and March 31 of each year, the Loxahatchee River Zone is established as follows: (a) SLOW SPEED ZONE: 1. All waters of the Loxahatchee River from the Route A1Abridge westward up the river through the boundaries of the Jonathan Dickinson State Park. All regulated waters in this subparagraph shall be exclusive of the main (posted) navigation channel except that portion of the channel with 1/8 mile of the A1A bridge. 2. Waters of the North Fork from the confluence with the Loxahatchee River north to the Tequesta Drive Bridge. All regulated waters in this subparagraph shall be exclusive of the main (posted) navigation channel. 3. All waters of the Southwest Fork from the confluence with the Loxahatchee River northward of State Route 706 including the C18 Canal. 4. Waters of the Loxahatchee River from Jupiter Inlet westward to Route A1A bridge, including those areas already designated as slow or idle speed under otherwise existing authority. All regulated waters in this subparagraph shall be exclusive of the main posted navigation channel except those waters with 1/8 mile east of the A1A bridge and those waters regulated under otherwise existing authority. (2) The zone described in Rule 16N-22.151(1) herein are depicted on the following maps: 145 1984 ANNUAL SUPPLEMENT 16N-22.151 96N-22.850 D984 ANNUAL SURIPPLEMENT 046 047 1984 ANNUAL SUPPLEMIEWT 86N-22.161 IGH-22.16 Rule Violation. I ing westerly at the north-south canal. all Sprdfw Aushwity 370.2111) F1 La- tKew areas lying within Section 9, Township Impknwneed 370021(f) FS. Hislary-Neft' 52 South and Range 28 East. 3.19-79. Transkffed &a 16X-21M. 11-23-0-1. (h) SLOW SPUD ZONE: All waters of the north-south canal lying southerly of the 16N-22.161 Falso Vniou C4=1 7AW" IDLE SPEED ZONE through and 200 feet southward of their confluence with and (1) 1" the purpose of regulating the _e including the east-wcst canal lying southerly spechl and operation of motorboat traffic of the IDLE SPEED ZONE. all thew areas between the dates of November IS and . ........ lying in Section 9, Township S2 South and March 31 of each year, the Fake Union Canal Zones am established as follows: Ran c 28 East. L CAUTION ZONE: All waters (a) IDLE SPEED ZONE: All waters of the two awn northerly east-wcs within the Fake Union Canal not included in I canals lying idle speed. or slow speed zones are designated t' 7 - southerly of the Tamiami Trail Bridge. the north-souib canal from the Tatnizins Trail as a caution Zone. Bridge through its confluence with the (2) The zones described in Rule second canal and the dredged bow basin area 16N-22.161(i) herein art depicted an the N following map _27 HN Zr 2 -4 LOIARATC09t RIVER XWU SILOm SPUD INK EYE",, Specirk Authority 370-12(2)(1) FS. I--- Inspkmented 370.12(2)(1), (11) FS. History- Nets- 11.2.1-RA 16N-22.161 1984 ANNUAL SUPPLEMENT 148 149 1984 ANNUAL SUPPLEMENT 16N-22.17 16N-22.17 Veskc Inlet Zone waters within I mile thereof. includin a Established. Ly-ons Bay, Donna Bay. Roberts Bay, ans (1) For the purpose of regulating the year Ilatchett Creek. excluding the waters of the round speed and operation of motorboat Intracoastal Waterway and the right-of-Way jr.: traffic, the Venice Inlet Zone is established as bordering the centerline of the Intracoastal follows: Waterway.. (a) CAUTION ZONE: In Sarasota (2) The zone described in Rule County. the Venice Inlet and connecting 16N-22.17(i) herein is depicted on the following map: f .4, I AM! N FAIKA VNIM CANAL 1090 r"m Iml- C@s I@ IDLE Spin an TL sn" &M Siam CALTION =K Or #ADA UNIO74 a A f Aushmiiy )70- 00)(1) FS. La imp1mvitted 370.82(2)(1). (12) FS. History- Ne". 11-23-83 29M ANNUAL BUFPLFA#Fjcr 16N-22.00 AGN-S2.17 8904 ANNUAL SUPPLEMENT DW-2930 Twhey creelk zom" cmfluence of the Turkel- Creek and the zolabli&ca. Indian River, Section 24. Township 20 (1) For the purpose of regulating the year South, Range 37 Last. round speed and operation of motorboat (b) SLOW SPEED ZONE: All lagoon araffik, she Turkey Crech Zones are waters of the Indian River bordered on the establLshed w follows: West by Palm Day Point. the north by (a) ME SPEED ZONE Thai Castaway ]Point, the east by the four body of Watei which glans at McIbourne-Tillman immediate spud islands. and the south by DMrutge DimM structure MS-1. Section Cape Malabar, thence nonhward along the South, Ra 37 EZ shoreline of 351, Township 28 the Indian River to Palm Bay runningean to iadude all naln Walm Point. tributaries off Turkey Creek, Section 26, (2) The zoors described in Rule Township 23 South. Range 37 F4m. to the AM-22.19(1) herein are depicted on the following mar. IL 0 4- ILI -8=9� 46"b'" Cr-k 'a Specirw AurhMij- )70.12(2)(1) FS. Law Impleinenved 370.12(2)(1). (13) FS. Ifillori- New 11-23-83. 1984 ANNUAL SUPPLEMENT 16N-22.19 1614-22.18 1984 ANNUAL SUPPLEMENT 152 16N-22.19 Black Creek Zone Caunty. all canals and Noat basins rionnecting Established. to the waters of Black Creek and Could& (1) For the purpose of regulating the year Canal i:! south and east of the water round speed and operatinn of snotorboat to a point I mile seaward of the traffic thcRiac]kCrctkZoncisestablishedas Black Creek Water Control Dam. follows: '(2) IMe zone described in Rule (h) IDLE SPEED ZONE: In Dade 16N-22.19(t) herein is depicted on the following map: J, CREEK ZONES SLOW SPI[10 Z001t M.0 Spmiric Ausborify 370120M) FS. red 370A20)(1). (14) FS. His,-Y- drwll -32T83. 0 0984 ANNUAL SUPPLEMENT 054 HS 1984 ANNUAL 9 111SN-22.30 Slasugotry Violasiom Exceps as auth"ited by a valid federal of mate wful for any person ae me. by any means, or in any manner. -11, if shall he unla n 11 EY Intentionally or negligently, to annoy. molest, harass, or disturb any manatee; injure. harm, or attempt to injure " harm any manatee. Anyl person violating this provision shall he gui ty of a misilemeanor of the first degree. M mishable as provided in Section 775.082, 11 AO. or 775.084. F. S. S*drw Authority 370.12(2)(0 FS Law hapletumtcd 570.142W) FS. H' M 349-70, F"awdy 16N-22. IS.- 01-2"1 . . . ............... 116N-MI Rule Violat" Any person violating or otherwise failing to comply with the rules herein romulfated regulating motorboat speed adloperation shall be guilty of a misdemeanor of the second degree. r, nishabk as provided in Sect ion 775.082 or r75.083, F. S. Someirk Authority , 37(121(1) FS "w 14 40 lmpkmcwcd 3700210) FS. Hist N 3-19-79. Fortnerly 16N-22.16. -J& r.n v% Mi Wo. Milk 11wir Creek iva --4 Sperifir Autheriti- 370.12(2)(f) FS. Laos- la,ple-evred 17()12(2)(f), (1.5) FS. ifistory- New 11-23-8.1. CH. 16Q-2 DEPARTMENT OF NATURAL RESOURCES CONSERVATION AND RECREATION LANDS CH. 16Q.4 RULES Specific Authority 253.03, 259.02, 259.05 FS;. Law to protect Fish or wildlife which cannot given 10 days prior to the meeting. OF THE Implemented 233.023 FS. History-New 4-6-80. otherwise be accomplished through local and (5) Primary staff support for the DEPARTMENT OF NATURAL 16Q-2.02 Definitions. state regulatory programs; Committee shall be provided by the Division RESOURCES (1) "Board" means the Governor and (b) For use as state parks, recreation areas, including but not limited to providing for the Cabinet sitting as the Board of Trustees of the public beaches, state forests, wilderness areas, recording functions listed in paragraph (3) of DIVISION OF STATE LANDS Internal Improvement Trust Fund. or wildlife management areas; this section. (2) "Department" means the Department (c) For restoration of altered ecosystems to (6) The Committee shall he responsible for CHAPTER 16Q-2 of Natural Resources. correct environmental damage that has already preparing a list of acquisition projects each CONSERVATION AND RECREATION (3) "Division" means the Division of State occurred; or year on a priority basis. LANDS Lands of the Department of Natural (d) For preservation of significant (a) The list shall be prepared and presented Resources. archaeological or historical sites. to the Board for approval no later than 16Q-2.01 General. (4) "Fund" means the Conservation and 1 (3) Further,ahighpriorityshallbegivento January I of each year. 16Q-2.02 Definitions. Recreation Lands Trust Fund. the acquisition of lands described in paragraph (b) The list shall include lands, the 16Q-2,0-3 Types and Categories of Lands (5) "Project" means a parcel or parcels of (2) in or near counties exhibiting the greatest estimated cost of which is at least twice the for Purchase. land in a discrete unit of purchase. concentration of population in recognition of anticipated revenues for the year. Further, 1-2.04 Selection Committee. (6) "Committee" means the Selection the legislative intent to provide public lands for these lands shall be proportionately distributed iCriteria for Evaluation of Committee as set forth in Section 259.035, people residing in urban and metropolitan in the categories as set forth in Section Proposed Acquisitions. Florida Statutes. areas of the State as well as those residing in 16Q-2.01(2) of this rule. 16Q-2.06 Submittal of Projects to the specin, Authority 253-03 FS. Law Iple.-ted less populated rural areas. (c) An affirmative vote of four members of Committee. 253.023, 253.025, 259.035 FS. History-New Specific Authority 253.03 FS. Law Implemented the Committee shall be required in order to 16Q-2.07 Acquisition Project Proposal 4-6-80. 253.023, 259.03 FS. History-New 4-6-80. place a proposed project on the list. Information Form. (d) All proposals for acquisition projects 16Q-2.08 Board Consideration of the 16Q-2.03 Types and Categories of 16Q-2.04 Selection Committee. Lands for Purchase. (1) The Committee shall be composed of pursuant to Section 259.03(2) and Section Committee Report. 253.023(3)(b), Florida Statutes, shall 16Q-2.09 Management of Conservation (1) Environmentally Endangered Lands the following persons or their designees; originate from the Committee. and Recreation Lands. are those lands which shall have as their (a) The Secretary of the Department of (e) Thelistshalibeinrankingordersoasto purpose the conservation and protection of Environmental Regulation; indicate a numerical priority of acquisition. 16Q-2.01 Generall. environmentally unique, irreplaceable, and (b) The Executive Director of the Such priority shall be based on an evaluation .(I) In recognition of the legislative inten .t valued ecological resources. They include, but Department of Natural Resources; dot1r.in aconrdance@wiih Section-16q-1:05-w, limited-to" (c)@vThck Dilrcctoi, of- the Division, of a written 60res '', in, Section' 253;02@(i),-- Flori& (7) The Committee shall prepare a , @ sed those areas- of ecological significance Forestry, Department of Agriculture and gtatluic@. ,&s rule is promulgated to set forth report on each project selected or considered for "'O the procedures for the selection, acquisition the development of which by private or public Consumer Services; acquisition. The report shall be presented to CY% and management of.public lands from monies units would cause the deterioration of (d) The Executive Director of the Game the Board at the time the recommended deposited in the Conservation and Recreation submerged lands, inland or coastal waters, and Fresh Water Fish Commission; acquisition list is presented- The Committee marshes or wilderness areas essential to the (c) The Director of the Division of Lands Trust Fund, and from monies environmental integrity of the area or of Archives, History and Record Management, shall consider and evaluate in writing: remaining in the Environmentally i (a) The merits, both favorable and Endangered Lands Trust Fund. adjacent areas; Department of State; and of unfavorable, of each project; and (2) To this end the Board of Trustees of the (b) Those areas the development of which (f) The Secretary of the Department (b) Thepublicpurposeforthepreservation Internal Improvement Trust Fund may would require a remedial public works project Administration. kmittee shall of environmentally endangered lands; or the allocate from the Fund in any one year in the to limit or correct environmental damages; (2) The chairman of the corr development of outdoor recreation lands; and following categories: (c) Any beaches or beach areas within the rotate annually on October I of each year in the (c) The determination of whether the (a) Up to 70 percent of such monies for any State which have been eroded or destroyed by order listed above as set forth in Section project conforms with the comprehensive plan interest in lands qualified for purchase as natural forces or which are threatened, or 259.035, Florida Statutes. developed pursuant to Section 259.04(l)(a), environmentally endangered lands as defined potentially threatened, by erosion or (3) The Committee shall hold periodic Florida Statutes, and the State Lands in Section 259.03(2), Florida Statutes, or destruction by natural forces; or meetings at the request of the chairman. The Management Plan adopted pursuant to (b) Up to 70 percent of such monies for any (d) Those lands within any area designated meetings shall be recorded electronically and Section 253.03(7), Florida Statutes; and interest in lands which the Board determines as an area of critical state concern under such records shall be preserved pursuant to (d) Anassessmentoftheproject'secologicaI should be acquired in the public interest as Section 380.05, Florida Statutes, which cannot Chapters 119 and 267, Florida Statutes. value, vulnerability, endangerment, .1 adequately be protected by application of land (a) A transcript of those portions of the defined in Section 253.023(3)(b), Florida development regulations adopted pursuant to recording pertaining to projects selected for the ownership pattern, utilization, location, cost, Statutes, and Section 380.05, Florida Statutes. acquisition list shall be made for permanent the sales history of the project for the last six (c) Up to 10 percent of such monies for (2) Lands -which the Board determines retention in the project rile. years, and other factors without limit; and maintenance and management of any lands should be acquired in the public interest. (b) A summary statement of those portions (e) A recommended management agency acquired pursuant to this rule and Section together with recommended management 253.023, Florida Statutes. Those lands shall be for the following of the recording pertaining to projects not guidance designed to achieve the stated public (3) The Board shall allocate 100 percent of purposes: selected for the acquisition list shall be made purpose for the acquisition; and any remaining funds in the Environmentally (a) For use and protection as natural for the project file. he meeting (f) The anticipated cost of each project floodplain, marsh or estuary, if the protection (4) The time, place and date of t Endangered Lands Trust Fund, for any including proposed costs for development of and conservation of such lands is necessary to shall be advertised in the Florida interest inid& qualified for purchase as enhance or protect water quality or quantity or Administrative Weekly. Such notice shall be the lands necessary to nilift public purpose defined in W 259.03(2), Florida Statutes. for which such lands We purchased. A711 A7 - CH. 16Q-2 ARTMENT OF NATURAL RESOURCES CONSERVATION AND RECREATION LANDS CH. 16Q-2 state-owned lands to insure maximum benefit expected to create an a (g) A determination of the unavailability of any Steps, I through 6, are not satisfied. 1 0 dverselet on the existing suitable state-owned lands. (3) Step I - Public Purpose and and use, when such plan is developed. project; and (8) The Committee shall direct the Conformance to Management Plans in (4) Step 2 - Ecological, recreational, (b) Projects shall be evaluated for Division to hold one or more public meetings, accordance with Sections 259.04(l) and archaeological or historic value. endangerment, that is, the potential for actual after appropriate public notice, for the purpose 253.03(7), Florida Statutes. (a) Projects shall be evaluated for their destruction or degradation by man's activities of taking oral and written testimony from the (a) Projects shall meet one or more stated ecological value as natural resources, including of the resources which form the basis Of the public at large in opposition to or in support of public purposes for consideration of species of fish and wildlife, stated public purpose, including development those projws on the acquisition list proposed 1. Environmentally endangered lands, viable habitat, geological features, water plans for the parcel, loss of the resource unless for presentation to the Board. such as quality and quantity, contribution to viability adequately protected or maintained, and other (a) Such meetings shall be held in centrally a. Those areas of ecological significance the of adjacent areas, and other such considerations that may result in an located places of the greatest population near development of which by private or public considerations; or irreplaceable loss to the State. proposed project sites, and shall be conducted works would cause the deterioration of ' (b) Projects shall be evaluated for their (7) Step 5 - Location. by the Director of the Division or his designee. submerged lands, inland or coastal waters, recreational value, including consideration as (a) Projects shall be evaluated for their (b) Such meetings may be held in marshes or wilderness areas essential to the parks, sites for both primitive camping and location within the State to achieve a balance of conjunction with regularly scheduled meetings environmental integrity of the areas or of rmreational vehicular camping, sites for available resources for the public including ,if regional or local agencies, adjacent areas, hiking, canoeing, fishing, hunting, and other consideration of historical or archaeological Such meetings shall be advertised in the b. Those areas the devclopment of which recreational activities; or significance, environmental significance, or .1a Administrative Weekly and would require a remedial public works project (c) Projects shall be evaluated for their recreational significaricc, and consideration of ,papers of general circulation in the to limit or correct environmental damage, archcaological and historical value including unique qualities of different areas of the State; ,,cinity of each meeting at lent thirty days in c. Those beaches or beach areas within the value to the educational and scientific and advance of the meeting. State which in the judgment of the Committee community of the State and to the public as a (b) Projects shall be evaluated for their (d) A Report summarizing the comments have been eroded or destroyed by natural forces whole and potential for restoration or local, regional or statc-wide significance to the made at the meeting and any materials or which are threatened or potentially maintenance to insure availability for the public, including consideration of recreational authorized to be submitted shall be prepared threatened by erosion or destruction by natural public use and enjoyment. needs, water quality or quantity needs, by the person conducting the meeting, who forces, or (d) Projects shall be evaluated to assume environmental needs, and other appropriate d. Those lands within any area designated that there is no available existing suitable considerations; and shall submit the Report for consideration by state-owned lands. (c) Projects shall be evaluated for their the Committee in making its final as an area of critical state concern under (5) Step 3 - Ownership Pattern. proximity to urban areas to provide a determination. . : Section 380.05, Florida Statutes, which cannot (a) Projects shall be evaluated for reasonable balance of available resources for (9) Each Committee member may adequately be protected by application of land functional usability by the public, including the benefit and welfare of the public. dcsignatc a specific staff amn ber to function as development regulations adopted pursuant to appropriate access, proximity to potential (8) Step 6 - Cost. %0 a liaison with the staff of the Division. Section 380.05, Florida Statutes. (a) Those individuals designated as liaison 2. Use as outdoor recreation -lands; users, sufficient acirial extent for stated public (a) Projects shall be evaluated for their may assist the Division in compiling data and 3. Use and protection as natural floodplain, purpose, and other appropriate considerations; availability for purchase in accordance with materials for analysis of a proposed purchase, marsh or estuary, if the protection and and the stated public purpose; and 'conservation of such lands is necessary to (b) Projects shall be evaluated for (b) Projects shall be evaluated in view of the including field inspections. manageability in accordance with stated public availability of other local, state or federal (b) Those individuals designated as liaison enhance or protect water quality or quantity or purpose, including degree of protection funding to accomplish the stated public may review the purchase file and assist the to protect fish or wildlife habitat which cannot afforded natural or cultural resources, purpose; and Division in preparing a draft of the written otherwise be accomplished through local and proximity to other parcels of state-owned land, (c) Projects shall be evaluated in terms of report s" forth in paragraph (7) for state regulatory programs: potential for development of public facilities, unit cost in relationship to the regional cost of considcration by the Committee. 4. Use as a state park; capability for mstoration and maintenance, land and the need of the region for the Specific Au(bority 233.03 n. Law Impletricaled 5. Use as a recreation area or recreation 253.oZ.3, 259.oj5 FS. History-Ncw 4-6-80. trail; and other appropriate considerations; and resources; and 6. Use as a public beach; (c) Projws shall be evaluated to ascertain if (d) Projects shall be evaluated in terms of 16Q-2.05 Griteria for Evaluati- Of 7. Use as a state forest; any portion of the project may already be in their costs for development, restoration, Proposed Acquisitions. 8. Use as a wilderness areas; public ownership, including local, state or maintenance or management. (1) Each proposed project shall be 9. Use as a wildlife management area; federal ownership; and (9) Step 7 - Additional Criteria evaluated using at least the criteria set forth in 10. Restoration of altered ecosystems to (d) Projects shall be evaluated in (a) The Committee may use additional Section 259.035, Florida Statutes, this Section. correct environmental damage that has already relationship to the type of land, the stated criteria as appropriate to achieve the legislative Any project failing to meet any one of the occurred; or public purpose and the quantity of that type intent of the availability of public lands for criteria shall be rejected by the Committee. 11. Preservation of significant already available to the public. recreation for the people residing in urban and The project may be considered during a archaeological or historical sites. (6) Step 4 - Vulnerability and metropolitan areas of the State, more subsequent year if additional information (b) Projects proposed for purchase as Endangerment, particularly those areas exhibiting the greatest which satisfies the criteria is submitted by the environmentally endangered lands shall be in (a) Projects shall be evaluated for concentration of population, as well as those person proposing the acquisition. conformance with the comprehensive plan to vulnerability, that is, susceptibility to people residing in less populated, rural areas (2) The criteria are listed in order from conserve and protect environmentally degradation caused by man's activities, directly and to achieve the conservation and protection Step I through Step 7. Evaluation of each endangered lands in this State; and or indirectly, including encroaching of valuable archaeological and historical sites project shall begin with the first step and (c) All projects shall be in conformance development of residential or commercial and environmentally unique and irreplaceable proceed in an orderly manner through each with the state lands management plan for activity, land alteration activities, land use lands as valued ecological resources. Step. Evaluation of a project shall cease when acquisition, management and disposition of all chanies and other considerations that may be (b) Criteria under this subsection are 472 473 CH. 160--2 DEPARTMENT OF'NATURAL RESOURCES CONSERVATION AND RECREATION LANDS CH. 16Q-2 optional and additional to the essential criteria recreational potential; forestry sources; than sixty days before January I for inclusion 1. Projects recommended by the state in Steps I through 6. Identification of criteria archaeological and historical sites; and any on that list; however, such a proposal may be planning agency. under this subsection shall not be cause to cease other factors pertinent to the analysis of the considered at a later time. 2. Any comments or additional information further consideration of a proposed project. suitability of the site proposed for purchase; (b) Upon a decision by the Committee, the the Division wishes to submit concerning the (c) Additional criteria used in evaluating a (c) A basic analysis of the title and any deed Division shall notify, in writing, the person or recommendations of the state planning agency. project shall be set forth in writing and restrictions or reservations with regard to the agency submitting the project of the decision of 3. Any additional projects within the included with the materials developed as part proposed project meeting the needs of the State. the Committee. designated area which the Division of the evaluation process set forth in this together with a statement of the project's (8) A project shall be placed in one of three recommends for purchase. section. compliance with the State Lands Management categories: (c) The Committee shall review the (lo) 'I'he Committee's evaluation of each Plan, when developed, and/or the (a) Approved for inclusion on the list of information and recommendations submitted step shall be written in descriptive detail Environmentally Endangered Lands acquisition projects to be submitted to the by the Division. Following the review, the sufficient to indicate the merits of each project Comprehensive Plan; Board by January 1; or Committee shall prepare the Interim Report relative to that criteria and the State's need for (d) An estimate of the cost for development (b) Approvcd as qualifying for purchase which may include, as modifications or the particular project. of the lands necessary to meet the public from.the Fund, but not included on the list of additions to the present list of projects (I I) The Committee recognizes the need to purpose for which the project is proposed to be acquisition projects to be submitted to Board approved in the Annual Report. continually examine the above criteria and purchased; due to a lower priority ranking; I - Any project recommended by the state methodology for consistency, appli-bility and (c) A report which addresses the proposed (c) Rc*le(l as not qualifying for purchase planning agency. reliability of the principles used in its decision project's ecological value as supported by from the Fund. 2. Any project recommended by the making process. paragraph (b) above, the vulnerability of the (d) Those projects placed in category (a) Division. Sprcific Auth"ity 253.0.3 ". Law Implemented proposed project to extensive alteration or and not approved for purchase by the Board by 3. Any other project within the designated 259.035 FS. H"tory-New 4-6-M degradation, the endangerment of the March 15, and those projects placed in area which the Committee, by an affirmative resources, within the proposed project to category (b), shall be reevaluated in the voteof at least fourmembers, wishes to include. 16Q-2.o6 Submittall of Projects to the destruction and loss, the ownership pattern following year by the Committee. 4. A statement that no projects are Committee. and any problems which it may prewnt, the (e) Projects which are not nominated by a recommended for purchase within the (1) proposals for projects for possible current and proposed utilization of the project, Committee member for full review by the designated area. purchase from the Fund shall be submitted to the location of the project with regard to urban Division shall be placed in category (c). (d) The projects included in this Interim the Division in writing - the Project areas or other state lands, any archaeological (9) The list of acquisition projects Report shall be recommended as additions or Acquisition proposal form, Section 16Q-2.07. or historical significa= of the project, or any identifiedin ParagTaph (a) shall be the only modifications to the Annual Report. proposals shall be accepted from any -roe. other pertinent factors; pmjects included in the Annual Report to the (e) This Interim Report shal .I be submitted These forms arc available free.of c1-90 from (f) All,mirretponderice,, Memos,-.rnords Of Board. to the Board no later@@han 45 days followin g`,tkek - the DiVi@iom (10) The Ciimmittee may prepare one or des ignation of the area of critical state concern r til0libric' ccdversitions,- in' ation and (2@ 'The Division dWI distribute a copy ci . more interim reports to the Board which by the Administration Commission. - materials without limit, staff reviews, at least each proposal it r-ccel-ves tiic;ich member of the topographic map or Department of propose modifications to the list of approved (12) Within 45 days following completion Committee for an initial review by the one projects. of the comprehensive and long-range statewide %0 individual agencies. Transportation highway map; and (a) An Interim Report may propose the plan for erosion control, beach preservation, 00 (3) Following the initial -view of a (g) IMe record of the Committee's action, adding of one or more projects or deletion of and hurricane protection as required by proposal, any Comritittee member may notify the Board's action, if any, and subsequent one or more projects, based on new or updated Section 370.02(2)(d)3, Florida Statutes, the and the negotiations to completion of the issue. the chairman of the Committee (6) The file shall be kept and maintained by information. Executive Director of the Department shall, in Director of the Division, in writing, that .he the Division and shall be freely available upon (b) Prior to submitting an Interim Report accordance with Section 161.053(l 1), Florida desires to nominate a proposal for a full review to the Committee members or their to the Board, the Committee shall hold a public Statutes, submit to the Committee for its by the Division. The Division shall not request meeting pursuant to Section 16Q-2.04 on the consideration, lands seaward of the coastal undertake a full review of any proposal until it designated liaison. proposed modification to the list. construction control line recommended for has received such a written nomination from at .(a) The rile shall be open to public (11) Notwithstanding the provisions of acquisition. least three Committee membem inspection upon request and under supervision subsection (10) above, the Committee shall (a) The Committee shall review the writing, of Division staff. (4) The Division shall notify, in (b) There shall be a log to document use of prepare and submit to the Board an Interim recommendations submitted by the Executive each Committee member of each proposal the file including the name and address of the Report following the designation by the Director of the Department and prepare an which has been nominated for full review. "ser. Administration Commission of an area of interim report which may include, as (5) For projects which will undergo a full (c) Copies of the Project Acquisition critical state concern, pursuant to 380.05, modifications or additions to the present list of review by the Division, the Division, shall Proposal shall be provided to the public upon Florida Statutes. projects approved in the Annual Report. establish a rile on each project which shall request. (a) Following the designation of an area of 1. Any project recommended by the contain: (7) The Division shall submit the rile, critical state concern and receipt of the Executive Director of the Department. (a) The initial Project Acquisition together with a draft written report evaluating recommendations of the state planning agency 2. Any other project identified in the Proposal, together with any documentation the reasons for and against purchase of the relating to proposed purchases of projects comprehensive plan which the Committee, by submitted in support of the projed- land, to the Committee at a scheduled meeting within the designated area, pursuant to an affirmative vote of a least four members, (b) A field inspection report which will for final decision. 380.05, Florida Statutes, the Division shall wishes to include. bitat; soils; address such factors as wildlife ha (a) Such proposals shall be presented in a review the recommendations of the state 3. A statement that no projects identified in wildlife, both land and marine; water quality I manner so as to allow the committee to planning agency. the comprehensive plan are recommended for and t.t vidence of stressed conditions, if time Y- the Board by January I of each year, (b) The Division shall submit to the purchase. Y; report t any; im nts or alterations, if an but in no case shall a proposal be presented less Committee: (b) The projects in in this interim 474 475 CH. 16Q-2 AMkDRPAMTMENT OF NATURAL RESOURCES CONSERVATION AND RECREATION LANDS.0 CH. 16Q-2 report shall bewmended as additions or (b) The Board shall act upon an Interim public shall be advised of the plan and an plan as the Bo 1 - advisable and modifications to the Annual Report. Report within two months of its submittal by opportunity for public hearing shall be given. commence implementation within sixty days of (c) This interim report shall be submitted the Committee. (a) Public notice shall be published one receiving Board approval. to the Board no later than 90 days following (c) The Board may accept the time only in the Florida Administrative (5) Thereafter, by July I or each completion of the comprehensive plan. modifications; delete any projects proposed to Weckly and in a newspaper of general succeeding year the managing agency or S@,,ifi, Awhonly 253-03 FS. Law I-PI-It-ted be added; or reject the Interim Report; citing circulation in the area of the project. agencies shall report to the Board on the status 25J.03, 259.03, 259.035, 259.045 FS. the reasons for the deletion of projects or (b) If requested, a public hearing shall be of the project, including: History-New 4-6-80. rejection of the Interim Report. held in the area of the project for thepurposcof (a) A statement of account for any monies (5) The Committee shall submit an Interim taking testimony on the efficacy of the plan. authorized by the Board for management IGQ-2.07 Acquisition Project Proposal Report to the Board, pursuant to Section (3) Within thirty days of public notice or purchases; Wormatiou Form. Jeff. 4/80, available from Division of State Lands] This form should be 259.045, Florida Statutes, 16Q-2.06(l I) and public hearing whichever is later, the agency or (b) A statement of anticipated expenditures complettil to the greatest extent possible based shall submit an Interim Report to the Board agencies shall Present the plan to the Board for for future management; an the in(ormation available to the applicant. pursuant to Section 161.053(l 1) and approval. Where sections are not applicable to your 16Q-2.06(12). (c) A statement regarding the status of the d protected together with any recommended proposal, N/A should be used to indicate that (a) The Board may accept the of (aad)milnliseteBrionagrdtshhealplibacn;adavnidsed as to the cost anatural or cultural resources being conserved recommendations of the Committee, delete any (b) The Board shall be advised as to any changes to the plan that may be necessary to the section was considered. If additional space projects proposed to be added, or reject the is needed to complete any section, continue the comments that may have been received from achieve the designated purpose; and rrsponse on a separate sheet and attach to the Interim Report citing the reasons for the the public as a result of notice of hearing; and (d) A statement regarding the necessity, if to copies of this deletion of projects or rejection of the Interim .ng in order to achieve the c a wthrittenslIcaptioret banyfictros portchheasperaojc1aitional lands as protective re,rm. Please submit (C) The Board shall receiv Inrmation. Report. and recommendation address (b) In accepting projects for addition to the intent expressed in Section 253.023, Florida designated purpose of the project. c Authority 253-03 n. Law I-Pl-lenled list of projects approved for purchase in the Statutes. Speyirw Authority 25303 FS Law Implemented 239.o3. 259.035, 259-045 FS. (4) The agency or agencies shall adjust the 253.023 FS. History-Ncw 4-6-80. New 4-6-80. Annual Report, the Board shall accept P-iceis conditional upon the satisfactory completion of 16Q-2.08 Board Consideration of the a full review of the project by the Division, Committee Repairs. pursuant to 16Q-2.05, where such full review (1) The Committee. shall submit to the has not been completed. The Board, at its Board by January 1, of each year an Annual discretion, may direct that conditionally Report. The Annual Reporl to the Board shall accepted projects be resubmitted to it for final include: approval following the full rcW-- (a) A list of the projects approved for Specific Authority 253.03 FS. Law ImplknWilted acquisition by the Committee, identified in 253.023. 259.035, 259.045 FS. History-New Subsection 16Q-2.06(5)(a); 4-6-80. (b) Tbe written analysis of each approved 16Q-2.09 Management of Conservation %0 project prepared by the Committee, pursuant and PAvmtion Lands. to 16Q-2.05(10); (1) An agency or agencies designated by the (c) A summary of the public meeting. Board to manage lands purchased from the (2) The Board shall act upon the Committee's Report to the Board by March 15 Fund shall develop within ninety days of the of each yew at a regularly scheduled Meeting- acquisi .tion of an individual project a plan for managing the project. The plan shall be in (3) The Board may accept the list Of accordance with: projects; delete any projects from the list; or reject the entire Annual Report; citing the (a) The Board's preliminary reasons for deletion of projects or rejection of determination as to the extent and nature of public use for which the land will be available; the Annual Report. and (4) The Committee may submit lntcn*m (b) The best management procedures for Reports to the Board which propose conserving and protecting the land and its modifications to the Annual Report. (a) An interim Report shall include: associated natural resources; and 1. The modifications the Committee (c) The Legislature's intent that all lands proposes. acquired from the Fund shall be open for 2. The written analysis of each project the public use and enjoyment to the extent Committee proposes for addition or deletion to compatible with the conservation and protection in subparagraph (b) above. Such the list. public use may include fishing, hunting, 3. A summary of the new or up-dated information which the Committee relied upon camping, hiking, nature study, swimming, in determining that a modification to the boating and canoeing. Annual Report should be made. (2) Within thirty days after development of 4. A summary of the public meeting. the plan and no later than one hundred and twenty days after acquisition of 1. the project, the 476 477 CH. 16Q-3 DEPARTMENT OF NATURAL RESOURCES RULES OF THE DEPARTMENT OF NATURAL RESOURCES DIVISION OF STATE LANDS BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND CHAPTER 16Q-3 STATE LAND ACQUISITION PROCEDURES 16Q-3.01 Purpose and Intent. 3.02 Definitions. 3.03 General Requirements. 04 Owner Contact. Land Titles. Survey. 6Q-3.07 Appraisals. 6Q-3.08 Negotiations. 6Q-3.09 Disclosures of Interest. 16Q-3.10 Evaluation of Adverse or Limiting Conditions to Title. 16Q-3.11 Donations of Lands. 16Q-3.12 Exchanges of Land Involving State-Owned Land. 16Q-3.13 Purchase Agreement. 16Q-3.14 Documents forBoard Review. 16Q-3.15 Board Action. 16Q-3.16 Recondation and Disposition of Documents. 16Q-3.01 Purpose and Intent. State land acquisition procedures provided for in this rule are for voluntary negotiated acquisitions. Neither the Board of Trustees of the Internal Improvement Trust Fund nor its duly authorized agent shall commit the State, through any instrument of negotiated contract or agreement for purchanse, to the purchase of lands, unless the provisions of this rule have been fully complied with. The purpose of this chapter is to provide procedures for the acquisitions of lands, title to which shall vest in the Board of Trustees of the Internal Improvement Trust Fund. The intent of these procedures is to provide acquisition uniformity, in order to effectuate efficient legal methods in accordance with sound business practice. Specific Authority 253.03 FS. Law Implemented 253.025 FS. History--New 4-30-80, Amended 12-16-80. ANNOTATIONS Scope of authority F.S.A. $253.002 does not preempt to Division of State Lands the acquisition of all lands, title to which vests in Board of Trustees, but rather Division has duty to perform all administrative staff functions of Board of Trustees of the Internal Improvement Trust Fund related to such acquisition; other divisions in other departments may continue to perform their statutorily authorized acquisition duties. Op. Atty. Gen., 080-10, February, 1980. Neither F.S.A. & 253.025 nor && 272.124 and 589.07 require the prior adoption of rules by Division of State Lands before acquiring state agency may proceed to acquire lands in accordance with applicable Statutory authority and the acquisition procedures set forth in F.S.A. & 253.025. Op. Atty. Gen., 080-10, February, 1980. 16Q-3.02 Definitions. (1) "Acquiring Agency" means anystate agency initiating and land acquisition, title to which will vest in the Board. (2) "Appraiser Administrator" means the administrator of the Appraisal Office of the Division of State Lands. (3) "Board" means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. (4) "Certified Survey" means a survey which is signed and sealed by a licensed land surveyor authorized to practice surveying in the State of Florida. Such survey shall meet the minimum requirements established by the Florida Society of Professional Land Surveyors and the Florida Land Title Association. (5) "Division" means the Division of State Lands of the Department of Natural Resources. (6) "Interim Title Insurance Binder" means a title commitment binding the insurance company to provide a policy insuring marketablity of title for a specified time in the name of the Board in the amount of purchase price, providing the schedule of exceptions and reservations. (7) "Land" means real property and all appurtenances thereto, that are to be acquired. (8) "Marketability of Title" in the form of title insurance means a Policy of Title insurance in the amount of the purchase price, insuring that the title to the land is good and marketable, with any reservations or exceptions clearly stated, and written by a company authorized to do business in the State of Florida. This insurance shall be of the type commonly referred to as "marketability" insurance, as distinguished from the type commonly referred to as "insurability" STATE LAND ACQUISITION PROCEDURES CH. 16Q-3 insurance. (9) "Owner" means the owner of the land orhis duly authorized agent. (10) "Title Data" means evidence of marketability of title in the form of an interim binder and title insurance policy or abstract of title with a title opinion or both. (11) "Value" means Fair Market Value which is the highest price in terms of money which a property will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeable and assuming the price is not affected byundue stimulus. (12) "Voluntary Negotiated Acquisition" means an acquisition where the power of eminent domain is not available. Specific Authority 253.03 FS. Law Implemented 253.025 FS. History--New 4-30-80, Amended 12-16-80. 16Q-3.03 General Requirements. (1) Prior to any acquiring agency initiating any voluntary negotiated acquisitions, the title to which lands is to vest with the Board, the agency shall coordinate with the Division to determine the availability of existing state-owned lands in the area and the public purpose for which the acquisition is being proposed. In assisting the acquiring agency in assessing the availabilityof exiting state-owned lands suitable for the identified public purpose, the Division shall provide the acquiring agency with existing management plans or information regarding the public purposes for which a parcel was purchased or is currently being used. (2) Once the acquiring agency has determined and established the public purpose for a proposed acquisition project and the unavailability of existing suitable state-owned lands, the acquiring agency may proceed to acquire the property by employing all available statutory authority for acquisition. (3) Voluntary negotiated acquisitions shall conform to the requirements of Section 253.025, F.S., and this Chapter. Provided, however, the Board of Trustees may substitute federally mandated acquisition procedures, for the provisions of Section 253.025, Florida Statutes, where federal funds are available and will be utilized for the purchase of lands, title to which will vest in the Board of Trustees, and qualification for said federal funds requires compliance with federally mandated acquisition procedures. (4) All conveyances to the Board of fee title lands shall be made by no less than a special warranty deed. Specific Authority 253.03 FS. Law Implemented 253.025 FS., as amended by Chapter 80-356, Laws of Florida. History--New 4-30-80, Amended 12-16-80. 16Q-3.04 Owner Contact. Negotiations by the acquiring agency shall not be conducted until after the appraisals are obtained and approved by the Division. (1) Initial owner contact by the acquiring agency prior to approval of the required number of appraisal reports, can include, but shall be limited to the following: (a) To inform the owner of the land acquisition program under which the project is being considered, and to request owner permission for the acquiring agency to inspect the property in order to determine its suitablity for the purposes of the acquiring agency. (b) To ascertain or confirm owner interest in conveying the subject property to the State. (c) To explain in general terms the possible benefits to the owner of a land donation, either whole or in part, or a bargain sale to the State. (d) To request written permission from the owner in order to have his property appraised by one or more appraisers to be selected by the Division from the list of Board qualified fee appraisers. (e) To make clear the owner's land will be in competition with other projects if it is processed under Section 253.023, and Chapter 259, Florida Statutes. (f) To discuss the matter of owner representation in any eventual negotiations. (g) To request available title data. (h) To advise of disclosure requirements. (i) To request available property survey data. (j) To discuss other information pertinent to the appraisal. (2) Owner contacts including personal, by phone or written correspondence shall be documented and placed in the record file of the acquiring agency. Specific Authority 253.03 FS. Law Implemented 253.025 FS. History-- New 4-30-80, Amended 12-16-80. 16Q-3.05 Land Titles. (1) Title Information In the event the landowner does not have sufficient title information available prior to any appraisal, the acquiring agency shall purchanse title information form an abstract or title company licensed to do business in the State of Florida. This title information should be certified to include the current owner of record, encumbrances exceptions and reservations, and the -year history of CM. 16(L-2 ARTMENT OF NATURAL RESOURCES STATE LAND ACQUISITION, PROCEDURES 16Q-3 omtrship, if any, .0 1! assessed value for mean high water or ordinary high water line, appraisal shall be required. notification frorn the acquiring that the efth of the prior ten years. as the case may be, and the upland acreage. (c) When the value from either appraisal need for an appraisal exists, select appraisers (2) Title Insurance (d) Acreage determination by cxccedsS1 00,000 and the parcel appraised isof for specific assignments from the list of When the owner elects to furnish evidence photogrammetric means with assistance from a peculiar or complex nature, or if the qualified fee appraisers. Selection procedures of marketability of title in the form of title any reliable information available. divergency between the two appraisals is shall be as follows: inwrance policy, an interim title insurance (e) Survey at the expense of the acquiring greater than 201/6 of the lower value, a third (a) When the need for an appraisal exists, bizdcr, including copies of all exceptions and agency. appraisal shall be obtained. the Division shall publish notice of such need murvations, must be furnished the acquiring (f) Field verification of boundaries and (d) When the appraised value is $100,000 in the general area of the proposed land agetcy pursuant to the executed purchase acreage by qualified state personnel as or less and the parcel appraised is of a peculiar acquisition, and in the Florida Administrative agrvemeni. The binder shall specify that the approved by the Division. or complex nature, additional appraisals may Weekly that an assignment is available and tide insurance policy to be issued is for (3) Upon review of the best survey bl required by the Appraiser Administrator. specify the substantive requirements of the marbnabic title. arrangement which can be made, the acquiring (2) Appraisal Cost appraisal and when it must be completed. A (3) Tide Abstract agency shall determine whether or not Appraisal fees and all direct incidental deadline for receipt of proposals shall be stated. When the owner elects to furnish evidence acquisition efforts should be discontinued expenses shall be paid by the acquiring agency (b) When the Division has received at least of marketabillity of title in the form of a current following consultation with the Division or, if proposing the acquisition. The Board shall not three responses to the notice from q ualificd fee abstrw with oide opinion, the abstract is to be appropriate, process a waiver request to the consider an appraisal which has been secured appraisers, it shall, following the stated prepared by an abstract or title company Division for decision by the Board. or acquired by an owner whose lands are being response period, evaluate the various proposals licensed to do business in the State of Florida. (4) The survey requirements may be. acquired by the State. submitted based upon: (4) Evidence of marketability of title, either waived by the Board only under the following (3) Qualification of Fee Appraisers L. Professional designations held in good in the form of the interim title insurance binder circumstances: Thc Board shall approve a list of qualified standing, designation requirements, or the current abstract with title opinion shall (a) Where the cost of the survey would be fee appraisal organizations. experience, education, demonstrated be provided by the landowner before any final prohibitive relative to the expected value of the (a) The list of organizations shall include proficiency, adherence to a code of ethics and agreement for purchase is presented to the land to be acquired; the American Institute of Real Estate standards of practice. Board - ustoes for their confirmation and (b) Where the survey cannot practically be Appraisers, the Society of Real Estate 2. Location of practice. ar@provai . the purchase. In the event the completed. Appraisers, the American Society of 3. Areas of specialization, if any. .ndowner is unwilling to provide such (5) In the event the survey requirement is Appraisers, the American Society of Farm 4. Business reputation. Adence of marketability of title, the Board of waived, in part or in whole, by the Board. the Managers and Rural Appraisers, the National S. License to practice in Florida as a real rustee.& may waive the requirement that the acquiring agency, in consultation with the Association of Independent Fee Appraisers, estate broker. ndowner provide evidence or marketable title Division, shall then use the best available data National Society of Fee Appraisers, and the 6. Quoted completion date. ' in such case the acquiring agency shall in order to develop the approximate acreage of American Association of Certified Appraisers, 7. Quoted fees. ure and pay for such required title evidence. the land to be acquired. The acquisition agency Inc. 8. Ckher pertinent factors, that in the cific Authority 25303 FS. Law Implealented shall -provide this information to the fee (b) Any other fee appraisal organization opinion of the Appraiser Administrator, bear z.>3.025 n. History-Nc- 4-J&80, Amended appraiser that is contracted to do appraisal, may apply to the Appraiser Administrator to on the anticipated quality of the appraisal. 12-16-8a work. be included on the list of approved (c) The Division shall notify the acquiring Spedfic Authority 253 03 FS Law Implemented organizations. The Board shall approve or agency of the appraiser selected, along with all 16Q-3.06 Survey. 253.025 FS. Hivoty-New 4-30-80, A-tided disapprove applicant organizations based on pertinent information from the proposal, so (1) Bemuse of the influence that the 12-16-80. the criteria by which the organization awards that the acquiring agency may prepare and amount and configuration of the land area their professional designations. issue a contract for appraisal services. often have on value, provision for a current 16Q-3.07 Appraisals. (4) Implementation of Qualified (d) Second or third appraisals, if required, certified survey shall be considered of utmost (1) Appraisals Required Appraisers List may be selected from the proposals previously importance. Depending on the characteristics The following requirements are for The Division shall maintain a current list of submitted for the stated project. If those of the owner's land and appraised value non-federally funded acquisitions. In case all fee appraisers who are me* bers of the appraisers are unavailable, the procedures allocations to different types of lands, it may be federal funds are available and will be utilized in desirable for the acquiring agency to have the by the acquiring agency, the federal professional organizations approved by the outlined in this subsection shall be repeated. Board and who desire to conduct appraisals (c) Prior to contracting with the acquiring owner's land partitioned into distinct tracts procedures for appraisal shall be followed if under contract. agency, each fee appraiser selected by the by acreage for certain land types. qualification for said federal funds requires the (a) The Appraiser Administrator shall Division shall submit to the a@quiring agency (2) If the owner does not provide a current use of federal procedures. In any event, the acquisition procedures pursuant to Section invite applications through broad an affidavit substantiating that he has no vested certified survey prior to any appraisal work, advertisement. or fiduciary interest in the parcel or parcels he the acquiring agency shall arrange for the most 253.025, F. S., will be used by the acquiring (b) The Appraiser Administrator shall will appraise. beneficial survey data that is available, agency where said procedures are not in prepare a resume form for evaluation of (6) Instructions to Appraisers considering the following: conflict or considered by the federal applicants qualifications. After the contract between the acquiring (a) Bona fide plat or map showing procedures, Prior to negotiations with a (c) The Appraiser Administrator shall agency and the fee appraiser is executed, the boundaries sufficient for legal description property owner, an appraisal of the fair market write each appraiser on the list annually acquiring agency shall transmit to the fee verification and staff computation of acreage. value of the property to be acquired is required. requesting confirmation of the appraiser's appraiser all pertinent data regarding the (b) Previous survey when available. The number of appraisals required shall be desire to be retained on the list and allowing assignment: (c) An upland boundary survey provided determined as follows: opportunity for the appraiser to update his (a) Title information previously obtained by the owner, with waterfront analysis (a) All proposed acquisitions require at qualifications. by the acquiring agency, along with project performed by qualified state personnel or least one appraisal. (5) Selection of Fee Appraisers maps, plats, or other identification. under state guidance. The analysis may (b) When the appraised value from the first The Appraiser Administrator shall, upon (b) Specification of the title interest to be systematically estimate the approximate line of appraisal exceeds $100,000, a second 480 481 CH. 16Q-3 DEPARTMENT OF NATURAL RESOURCES STATE LAND ACQUISITION PROCEDURES CH. 16Q-3 appraised. received within fourteen (14) days, (he (c) Obtain all offers and counter-offers in been or are to be shared. (c) A list of items, if any, considered to be Appraiser Administrator shall procced to writing, and under no circumstances shall the (d) An affidavit staling the types and noncompensable. complete the review. final negotiated sale price exceed the value amounts of all other costs incidental to the sale (d) Instructions that any questions of (c) Upon completion of all review criteria established pursuant to Section and to whom these sums have been or are to be applicability of laws affecting an appraisal functions, the Appraiser Administrator shall 253.025(5)(d), Florida Statutes. paid. shall be addressed by the legal office of the notify the acquiring agency of his acceptance or (2) Acquiring agency may execute a (2) The owner shall notify the acquiring acquiring agency. rejection of the appraisal report. Rejections purchase-option agreement [Or acquisition of agency by registered or certified mail (e) A certified survey which accurately shall not be made without first contacting the land. immediately in the event that any of the facts portrays to the greatest extent practical the fee appraiser and attempting to remedy the The Board shall have the sole unilateral provided in the disclosure forms change. condition of the parcel as it currently exists, cause for rejection. In the case of rejection of a right to exercise the option contract. This SIwific Authority 253.03 FS. Laiv Implemented unless the requirement for a certified survey report, the Appraiser Administrator shall state instrument will be unilateral and subject to the 253-02-5 FS. Histary-New 4.30-80 Amended has been, in pan or in whole, waived by the the basis for rejection in his report to the Board approval. 12-16-80. Boani. If the Board . has waived the acquiring agency, with recommendation to (a) If the Division elects to use a 16Q-3-10 Evaluation of Adverse or requirement for a current certified survey, the contract with another appraiser pursuant to purchase-option agreement, the cost shall be Limiting Conditions to Title. The acquiring acquiring agency must provide the fee 116Q-107. no more than $1,000 per agreement, unless agency shall negotiate all project details in the appraiscir with the best survey data available (f) The Appraiser Administrator shall waived by the Board. best interest of the State with the general and the approximate acreage of the land to be transmit the necessary copies of the approved (b) If an acquiring agency other than the direction that it is to obtain all of the owner's appraised. appraisal report to the acquiring agency. Division elects to use a purichase-option rights, title and interest in the property. Any (f) A statement that the fee appraiser shall Specific Auilitority 253.03 FS. Law Implemented agreement, the cost shall be an amount as exceptions and reservations and any not act in any way that may be construed as 253-025 FS. History-New 4-30-80, Amended authorized by said agency. negotiating with the property owner. 12-16-80. (3) Ile acquiring agency shall attest in encroachments or adverse conditions that are (g) A statement that appraisal reports shall 16Q-3.09 Negotiations. The following writing that all disclosure provisions have been disclosed by survey shall be individually be confidcatiial. for use by the acquiring agency examined by the acquiring agency and requirements are for non-federally funded complied with Prior to executing the purchase evaluated in writing for possible adverse effect the Board. acquisitions. In cast federal funds are available agreement or purchase-option agreement. on Project objectives prior to proceeding with A statement of minimum appraisal @and will be utilized by the acquiring agency, (4) The final sale price shall be put in the acquisition. All such conditions affecting title ,rocrit and a suggested appraisal format. the federal procedures for negotiations shall be form of a written purchase agreement, which and subsequent management with the (i) instructions that all copies of the followed if qualification for said federal funds shall be signed-by the owner and the designated acquiring . agency's evaluation and appraisal repons are to be submitted. to the requires the use of federal procedures. In any r!presentative of the acquiring agency. All recommendation shall be,jubmitte Appraiser Administrator. 4 t to, the event, the acquisitior%propechire* pursuant to signatures &hall1_.be,%yitngssed,by,at leastztwo. -Divisi @1' e- ec' Soicii'c;n' 2-5' 11 If kn owner is a corporation, corporate on in'writing and shall'be provided to the 1 @, V S., wi' I*'used'4 il@c persons. Board prior to the execution of the purchase appraiser shall be submitted to the Appraiser acquiring agency where such procedures are execution shall be in compliance with Chapter agreement. Administrator. not in conflict or considered by the federal 692, Florida Statutes. Specific Authority 253.03 n. Law Implemented (8) Appraisal Review procedures. Speoific Authority 25303 FS La. lnpk.,,,,ta 253.025 FS History-New 4-30-80, Amended (a) IMe Appraiser Administrator shall The basic premise under which the 253-025 F& Histary-,vew 4-3o-80, Amended 12_16_,So review appraisal reports in accordance with acquiring agency shall conduct negotiations is 12-16-80. generally accepted professional standards of to obtain complete fee simple interest in the 16Q-3.09 Disclosum of Interest. Prior to 16Q-3.11 Donations of lands. appraisal review. Omissions of any of the (1) No dedication, gift, grant. or bequest of land free of encumbrances and conditions of execution of a purchase agreement or lands and appurtenances shall be accepted by required information or documentation shall any ;@rt, at the lowest possible price. purchase-option agreement, the acquiring the be cause of rejection of the appraisaL The acquiring agency shall obtain the agency shall receive all owner disclosures Board without prior evidence of (b) If the appraised value is in excess of lowest possible price for all lands acquired and, required by Sections 286.23, 375.031(1), and marketability of title being supplied or $100,000, the review shall include a general provided by the receiving agency or the agency in the course of negotiation, shall discuss the 380.08(2), Florida Statutes. If Sections having beneficial use of the lands being field inspection of die subject land and those advantages of a donation and a bargain sale. 375.03)(1) and 380.08(2), Florida Statutes, comparable sales given most weight by the fee Upon receipt of the required number of arc applicable, the disclosures m donated, and will submit a land management appraiser. Field review of reports having an approved appraisal reports, the acquiring with the Department ust be filed plan on the use of the donated lands to the appraised value of $100,000 or less may be agency may initiate negotiations with the acquisition of the land. of State before Division of State Lands for review and made at the discretion of the Appraiser owner. Negotiations shall be conducted in (1) The acquiring agency shall obtain from approval. Administrator. A field review shall include a accordance with the provisions of Section the owner. (2) The Board of Trustees shall not accept by dedication, gift, grant, or bequest any lands check for comparable sales which may have 253.025(5), Florida Statutes. (a) An affidavit stating the total amount of an been omitted by the fee appraiser. (1) For all lands lobe acquired pursuant to real estate commission including other similar d appurtenances that are determined as (c) The Appraiser Administrator may being owned by the State either in fee or by reject an appraisal report following a desk Section 253.025, Florida Statutes, and this costs and the persons to whom such sums have virtue of the State's sovereignty, or which are Chapter, the acquiring agency shall: been or are to be paid. review, but is prohibited from approving an (a) Upon the initiation of negotiations, the (b) An affidavit from any real estate broker so encumbered so as to preclude use of such appraisal in excess of $100,00 without a field land and appurtenances for for any reasonable review. acq.uiring agency shall notify the owner by Or salesman to whom a commission has been or public purpose. (d) Prior to acceptance of an appraisal registered or certified mail, return receipt is to be paid, disclosing all persons or firms (3) The State shall no, be required to requested, that final purchase approval is with whom such sums have been or are to be appraise the value of such donated lands and report, the Appraiser Administrator shall subject to affirmative action by the Board. shared. I appurtenances as a condition of receipt. request bl.Viried mail the appropriate loca (b) Obtain the owner's written statement (c) An affidavit from any attorney to whom (4) Ali donationSw Propert@iwrls comments on the value of _,JWec simple title is to concerning his broker's or agent's legal or a fee has been or is to be paid, disclosing all vest in the Boa' id of shall be made by the propiWquisition. If no comments are fiduciary relationship. persons or firms with whorn such fees have CH. 16Q-3 _UISITION PROCEDURES 'pe#PARTIVIENT OF NATURAL RESOURCES STATE LAND ACQ CH. 16Q-3 no less than a i .'anty deed. However, agreement: "the Board has waived the 160-3.15 Board Action. BoardatTrus(cesofinternal- ;nicni Trust where less than fee simple title is to be donated, requirement for a current certified survey, and (1) The Board must authorize all Fund is not authorized by A 253.025 to the Board of Trustees may accept a quitclaim both parties herein mutually agree that the acquisitions of land, title to which will vest in purchase land with funds appropriated to another deed, provided, however, there are no acreage and purchase price set forth in this the Board, prior to purchase. agency for acquisition of land, although such outstanding encumbrances affecting the title to agreement shall bt a binding condition." (2) The Board may approve, approve with acquisitions are subject to approval of bloard. Op. the donated parcel, and if the Department's Specific Authority 253.03 FS. Law Implemented modifications, or reject the proposed Ally. Gen.. 08&10, February, 1980. legal counsel recommends acceptance of the 253-025 FS. History-New 4-30-80, Amended acquisition project. If the Board rejects a 160-3.16 Recordation and Disposition quitclaim conveyance. 12-16-80. proposal, the Board shall state the reasons for of Documents. After closing, the acquiring its rejection. agency shall be responsible for the proper (5) Tlic receiving agency or the agency 16Q-3.14 Documents for Smird Review. having beneficial use of the lands being (1) Within ten (10) days after the signing of (3) In determining the value of a proposed recordation of all legal documents and donated shall supply or provide a current the purchase agreement, the acquiring agency acquisition project, the Board shall not payment of required remrdation fees. After ctrtified survey of the lands being donated. shall furnish the Division: consider an appraisal report, or any part of an receipt of the recorded instruments and Survey requirement may be waived by the (a) The original of the purchase appraisal report, acquired by an owner. updated title policy, the acquiring agency shall Executive Director, Department of Natural agreement. (4) The &)ard may reconsider a rejected assemble all documents in good order, Resourcco, if the lands being donated are in (b) A copy of the owner's disclosure forms. proposal at any time after identified complete a final review of all documents, and their natural, unimproved condition and no (c) Ile evidence of title marketability, as deficiencies have been corrected or arrange for: improvements are contemplated or if the lands furnished by the owner. circumstances change. (1) The agency attorney's written approval (5) The Division shall notify the acquiring of the evidence of marketability. bzing donated arc completely surrounded by (d) The approved appraisal rcport(s). agency in writing of the Board's action, (2) Permanent Filing of a closing checklist, slue-owned lands. (c) ne fee appraiser's affidavit(s). including a statement of deficiencies, if any, in closing statement, and copies of all documents -ific Authority 253.03 FS. Law Implemented (f) A written statement from the acquiring 1?5 FS. History-New 4-30-80, Amended the purchase agreement or supporting in the agency riles. 70. agency stating the inventory of existing documents which the Board identifies. (3) Copies of all legal documents to be state-owned lands was examined and Spwific Authority 253.03 FS. Law Implemented provided the Office of the Attorney General, if -3.12 Exchangest of Land Involving contained no available suitable land in the 253.025 FS. History-New 4-30-80, Amended required. -atte-bivned Land. Ile acquiring agency area. 12-16-80. (4) Originals of all legal documents to be .nay receive or initiate proposals to exchange (g) A written statement by the acquiring ANNOTA77ONS provided the Division, along with pertinent private lands for state-owned lands. agency outlining the public purpose purpose Scope of authaffity information relative to disposition of the (1) The transaction shall comply with the for which the acquisition is being made, and F. S. A. J 253.002 does not preempt to Division at acquired lands. requirements of Chapter 2S3.025, Florida the agency's statutory authority for such State Lands the acquisition ofall lands, title to which (5) All recorded deeds and other documents Statutes, Chapter 258, Florida Statutes, if acquisition. C:) vests in Board of Trustees, but rather Division has shall be forwarded to the Division within thirty applicable, and the rules adopted pursuant (h) A written statement verifying the duty to perform all administrative staff functions of (30) days after receipt of the recorded thereto. ownees legal or fiduciary relationship with his Board of Trustees of the Internal Improvement instruments from the County Clerk. (2) The transaction shall reflect a agent, if any. Truv Fund related to such acquisition; other Specific Authority 253.03 FS. Law Implemented value-for-value basis rather than (i) Written confirmation by the acquiring divisions in other departments may continue to 253.025 FS. History-New 4-30-80, Amended acreage-for-acreage exchange. agency as to the source and availability of perform their statutorily authorized acquisition 12-16-80. Specific Authority 253.03 FS. Law Implemented funding for the acquisition. duties. Op. Ally. Gen.. 080-10, February, 1980. 253-025 IS. History-New 4-30-80, Amended 0) A current certified survey or evidence of 12-16-80. survey waiver by the Board. 16Q-3.13 Purchase Agreement. (k) Acquiring agency minutes of public (1) The acquiring agency shall prepare the meetings, wherein such acquisition was purchase agreement, embodying the tcrrns and authorized for purchase, if applicable. conditions of the proposed transaction. (1) Recommendations of advisory (2) When multiple owners are involved, the committees serving the acquiring agency, if purchase agreement for each owner may applicable. include, as a condition precedent to purchase, a (in) Any pertinent details not included in provision that the State reserves the right to the purchase agreement. conclude satisfactory purchase agreements (2) The Division shall submit the proposed with all owners or key owners. acquisition project to the Board for its approval (3) A purchase agreement approved by the or rejection within forty-rive (45) days after the Board shall be binding on all parties. Division receives the purchase agreement and (4) A purchase agreement disapproved by the documentation required in (1) above. the Board may be resubmitted when identified (3) The Division shall supply the deficiencies are corrected or or circumstances supporting documentation listed in (1) above change. to the Board for its review, except that the (5) In the event the requirement for a Division shall retain the original purchase current certified survey is waived, in part or in agreement and shall distribute copies of the whole, by the Board, the acquiring agency, agreement to the Board. unless otherwise directed in writing by the Specific Authority 253.03 FS. Law Implemented 253.025 FS. History-New 4-30-80, Amended Division, shall incorporate in the purchase 12-16-80. 484 485 CIL 16Q-18 DEPARTMENT OF NATURAL RESOURCES BISCAYNE BAY AQUATIC PRESERVE CH. 16Q-18 RULES Biscayne Bay and all natural waterways control structure LA-02, approximairly 71 subsequent to the passage of the Florida OF THE tidally connected to the bay by reasonable feet cast of the center line of N. E. 128 Street; Coastal Mapping Act, the determination of the DEPARTMENT OF NATURAL regulation of human activity within the Little River lo salinity control structure S-27 mean high water line shall he in accordance RESOURCES preserve through the development and located at approximate 'ly N. E. 82 Terracr, with the provisions of such act. implementation of a comprehensive 200 feet cast of the Florida East Coast (2) The attached map shows the general DIVISION OF STATE LANDS management program; Railroad tracks; Miami River to salinity locafion of the preserve. It is included for (b) To protect and enhance the waters of control structure S-26, located approximately informational purposes only and is not CHAPTER 16Q-18 the preserve so that the public may continue to 500 feet south of N. W. 36 Street; South Fork intended (o be, nor is it, an accurate depiction BISCAYNE BAY AQUATIC PRESERVE enjoy the traditional recreational uses of those of the Miami River, also known as Comfort (if the legal boundaries of the preserve. waters such as swimming, boating and fishing; Canal, to salinity control structure S-25 5pecific Authiwi(y 370.021(l), 258.165(4), 258.43 16(@-18.01 Intent. (c) To coordinate with federal, state, and located at N. W. 29 Avenue; Indian Creek V5. Law Implemented 258.165(2) FS. 16Q- 18.02 Boundaries and Scope of the local agencies to aid in carrying out the intent south to and including Lake Pancoast, but llissory-New -3-20-80. Preserve. of the legislature in creating the preserve; excluding Collins Canal; Coral Gables 16Q-18.03 Scope of This Chapter. 16Q-lBb3 Scope of nis.Chapter. (d) To use applicable federal, state, and Waterway to the intersection of Ingram (I) These rules are promulgated to clarify 16Q-1&04 Definition& local management programs, which are Highway, Old Cutler Road, Sunset and S. W. the responsibilities of the department in I ck I 6Q- I BAS General Management Criteria. compatible with the intent and provisions of 42 Avenue, also known as Lejeune; Bla carrying out its land management functions as 16Q-18.06 Uses, Sales. Leases or the Act and these rules, to assist in managing Creek to the most easterly salinity control those functions apply 'within the preserve. Transfers of Interests in Lands the preserve; structure located 0.5 miles upstream from the Implementation and responsibility for or Materials Held by (he (c) To encourage activities that protect or mouth in the eastern 1/2 of Section 21, near the environmental permitting of activities in the Board. I enhance the biological and aesthetic values of boundary of Section 22, Township 56 South, preserve are vested in the Department of `17 Activities Involving Lands and the preserve, including but not limited to the Range 40 East; and other tidally flushed Environmental Regulation. Since these rules Materials Not Held by the modification of existing maninade conditions natural waterways in south Biscayne Bay are considered cumulative with other rules, a Board. towards their natural condition, when which have no known name. Begin at the person planning or conducting an activity _-.0. Cumulative Impacts. reviewing applications or developing and southwest intersection of the right-of-way of within the preserve should also consult the 1-18.09 Exchange of Lands. implementing management plans for the StateRoad826andthemeanhighwaterlineof other applicable department rules as well as ,@-18.10 Gifts of Lands. preserve; Biscayne Bay (Township 52 South, Range 42 applicable rules of the Department of 4-18.11 Agreements. (f) Toprewrveandpromoteindigenouslife East, Dade County), thence southerly along Environmental Regulation. IbQ48-12 Fishing. forms and habitats including but not limited to the westerly mean high water line of Biscayne (2) The rules are prospective . in their t6Q-18.13 Additional Provisions. sponges, soft. corals, hard corals, seagrasses, Bay to its intersection with the right-of-way of application and shall not apply to activities for imangtoves;@mu&flats,-ni@OnF r7ptilj,@,pm State Road 905A, (T, 16(;@1&14i, Procedures., it t Pge, wiiichapplita -bceni@b itiedtt@oih'e' owns@ip,59 South, Ra '40 tiiit', Monroe County); thence easterly 'F IC canngs. and non-game is species, marine mammals, Trustees or the Department of Environmental ica" , ii I 11 h" @ , tionsihave C=ll 6Q. I S. 1 6 Enforcement. tropical marine invertebrates, birds and along such right-of-way to the easterly mean Regulation prior to February 22, 1980; and .pj 6Q- 18.17 Application Form. shellfish; high water line of Biscayne Bay; thence shall not affect previous actions to the Trustees (g) To acquire additional title interests in northerly along the easterly mean high water concerning the issuance of any casement or 16Q-111,01 IntenL land wherever such acquisitions would serve to line of Biscayne Bay following the westerly lease, or any disclaimer concerning sovereign (1) 'Me Biscayne Bay Aquatic Preserve, protect or enhance the biological or aesthetic shores of the most easterly islands and Keys lands. the boundaries of which am fully described in values of the preserve. with connecting lines drawn between the Specific Authority 258.165(4), 25&43 FS. Laws 16Q718-02, F. A. C., was established for the Specific Authority 370.021(t), 258.165(4), 258.43 closest points of adjacent islands to the Implemented 258.165(4), 258.43 FS. purpose of preserving and enhancing Biscayne FS. Law Implemented 258.165(t), 238.36, southeasterly intersection of the right-of-way History-New 3-20-80, Amended 1-4-81. Bay and all natural waterways tidally 25& 165(2). 258.165(4), 258.39(27) FS. of State Road 826 and the mean high water line 16Q-18.04 Definitions. connected to the bay in an essentailly natural History-New 3.20-80. of Biscayne Bay, thence westerly to the point of (1) "Act" means the provisions of Section beginning. condition so that its biological and aesthetic 16Q-18.02 Boundaries and Scope of the 258.165 and 258.35 through 258.46, F.S. values may endure for the enjoyment of future Preserve. (b) This description is not intended to Pursuant to the provisions of Section generations, exclude from the preserve any natural (1) Biscayne Bay Aquatic Preserve shall be waterways tidally connected to the preserve 258.39(27), F.S., where Sections 258.165 and (2) These rules shall apply to all lands comprised of all publicly and privately owned - 258.35 through 258.46, F.S,, conflict, the public and private within the boundaries of the submerged lands, the water column over such whether or not artificially altered, which are stronger provision for the maintenance of the preserve. However, privately owned uplands lands, and publicly owned islands within the not identified in the above description. preserve shall prevail. shall be excluded from these rules except as following described boundary. The preserve (c) Excluded from the preserve are those (2) "Activity" means any project and such submerged lands of the Biscayne National otherwise provided for herein. boundary extends across the mouths of all other human action within the preserve which (3) In promulgating and implementing artificial waterways, but includes all natural Monument. license from the Department of these rules, it is the intent of the department to waterways tidally connected to Biscayne Bay. (d) For the purpose of clarification and may require a (a) The preserve is described as follows: interpretation, the legal description set forth Environmental Regulation. construe the provisions of Sections 258.165 and (3) "Aesthetic values" means scenic 2S8.35 through 258.46, F.S., together and to Biscayne Bay, the northern limit of which is N. above does not include any land which is expressly recognized as privately owned characteristics or amenities of the preserve in apply the more stringent statutory provisions E. 163 Street; the Oleta River north to its upland in a pre-existing recorded mean high its essentially natural state or condition, and for the maintenance of the preserve. headwaters in the center of Section 33, the maintenance thereof. (4) The preserve shall be administered and Township 51 South, Range 42 East; Arch water line settlement agreement between the (4) "Applicant" means any person making managed in c rd nce with the following Creek to salinity control structure at N. E. 135 board and a private owner or owners. application for a perm goals: Street, 175 feet east of the Florida East Coast Provided, however, in those instances wherein IMEnse, conveyance of an interest in state cWands or any other (a) TO 4, protect, and enhance Railroad tracks; Little Arch Creek to salinity a settlement agreement was executed CH. 16Q-18 ARTMENT OF NATURAL RESOURCES BISCAYNE DAY AQUATIC PRESERVE 16Q-18 mental approval in complex used primarily for recreation. ontractual agreement between the bottom or laid on the bottom ted along necessary 1 0", 0 means a c Ttlom. order to perform an activity within the (15) "Person" means individuals, minors, board and one or more parties which does not a route in a manner which will whic wa I minimum preserve. partnerships, corporations, joint ventures, create an interest in real property but merely disturbance to the marine habitats; (5) "Bio4ical values" means the estates, trusts, syndicates, fiduciaries, firms, authorizes conduct of certain management (6) Dredged spoil materials are disposed of preservation and promotion of indigenous life and all other associations and combinations, activities on lands held by the board. outside of the prmrve unless the applicant forms and habitats, including but not limited whether public or private, including (25) "Riparian rights" means those rights affirmatively demonstrates that the spoil will to. sponges, soft corals, hard corals, seagrasses, governmental entities. incident to lands bordering upon navigable not be harmful to or will benefit the quality or mangroves, mud flats, marine reptiles, game (16) "Pier" means a structure on or over waters, as recognized by the courts of this state utility of the preserve. and non-game fish species, marine mammals, the submerged lands which is used by the and common law. Specifir Authority 370.021(1), 258.165(4), 238.43 tropical marine invertebrates, hirds and public primarily for fishing, swimming, (26) "Sale" means a conveyance of interests FS, Law Iniplemenfed 2591650). (4), 258.42 FS. shellfish. sunbathing, or viewing the bay. A pier shall not in lands, by the board, for consideration. thstry-New 3-20-80. (6) "Board" means the Governor and include a dock. 1 (27) "Spoil" means materials dredged from 16Q-18.06 Uses, Sales, Leases or Cabinet sitting as the Board of Trustees of the (17) "Preserve" means the Biscayne Bay submerged lands which arc redeposited or Transfers of Interests in Lands or Materials internal Improvement Trust Fund. Aquatic Preserve which is an exceptional area discarded, by any means, onto either Held by the Board. (7) "Commercial/industrial dock" means of submerged bay lands and natural submerged lands or uplands not for the (1) A use, sale, lease or transfer Af sovereign a dock which is located on or over submerged waterways tidally connected to the bay, purpose of creating new uplands. lands or materials shall be subject to such 1-inds and which is used to produce income, or including all privately and publicly owned (28) "Transfer" means the act of the board terms, conditions or deed restrictions as (he -rves as an inducement to renting, submerged lands, the water column over such by which any interest in lands, including board deems necessary to protect the quality or ng, or using accompanying facilities other lands, all publicly owned islands, and casements, other than sale or lease, is conveyed. utility of the preserve and furiher the intent of ag without limitation multi-family such other lands as the board may purchase or (29) "Upland canal" means an artificial the Act and these rules. A condition of a sale, @ntial facilities. This term shall be approve for inclusion. waterway, irrespective of its purpose which is lease or transfer' of sovereign land materials nstrued to include any dock not a private (18) "Private dock" means a dock located constructed above the mean high water line, shall be the applicant's reimburument for the jock. on or over submerged lands, which is used for and which is connected, or intended to be department's cost of advertising and (8) "Department" means the State of private leisure purposes for a single family connected, to the waters of the preserve. notification of adjacent property owners- Florida Department of Natural Resources, as dwelling unit and does not produce income. (30) "Utility of the preserve" means fitness (2) The document which manifests a use, administrator for the board. (19) "Project" means any human action of the preserve for the present and future sale, lease or transfer of lands or materials shall (9) "Dock" means a fixed or floating within the preserve requiring the use, sale, enjoyment of its biological and aesthetic values state, with particularity, the projects to be structure, including moorings, used for the lease or transfer of interest in sovereignty lands in an essentially natural condition. conducted. Additional projects not exprewly "purpose of berthing buoyant vessels either or severence of materials from sovereignty Specific Authority 370.021(l), 258.165(4), 258.43 - eluded in the document are prohibited and tent arily or indefinitcly. lands. F& Law Implemented 258.165(4), 238.43 FS. in por may be conducted only after further approval 4:1 (10) "Essentially natural condition" means (20) "Public interest" means demonstrable Histary-New 3-20-80. by the board. 01those conditions which support the continued environmental, social, and economic benefits 16Q-18.05 General Management (3) Uses, Sales, lAases, or Transfers of existence or encourage the restoration of the which would accrue to the public at large as a Criteria. Before the board approves the sale, Interests in Lands. diverse population of indigenous life forms and result of a proposed action, and which would lease of transfer of interest in state lands or (a) All projects to be conducted on lands habitats to the extent they existed prior to the clearly exceed all demonstrable severance of materials therefrom, or the held by the board shall require prior approval significant development adjacent to and within environmental, social, and economic costs of Executive Director comments favorably of the board in the form of a sale, lease, or the preserve. the proposed action. In determining the public concerning activities on private lands within transfer agreement, or a resource management (11) "Extreme hardship" means a interest in a request for use, sale, lease, or the preserve, an applicant must affirmatively agreement for the propowd use of such land. significant burden, unique to the applicant and transfer of interest in sovereignty lands or demonstrate, where applicable, that: (b) There shall be no further use, sale, not shared by property owners in the area. severcrice of materials from sovereignty lands, (1) Proposed dredging is the minimum lease, or transfer of interests in sovereignty Self-imposed circumstances caused to any the board shall consider the ultimate project necessary to accomplish the stated purpose and submerged lands unless an applicant degree by actions of any person subsequent to and purpow to be served by said use, sale, lease, that the activity is designed to minimize the affirmatively demonstrates sufficient facts to the enactment of the Act shall not be construed or transfer or severence of materials. need for maintenance dredging; support a finding by the board that: as an extreme hardship. Extreme hardship (21) "Public navigation project" means a (2) No new lands will be created by filling (i) An extreme hardship exists for the under this act shall not be construed to include project primarily for the purpose of navigation or spoiling unless no other alternative exists to applicant at the time the application is filed; any hardship which arises in whole or in part which is authorized and funded by the United accomplish the stated purposes, and project is -and from the effect of other federal, state or local States Congress or by port authorities as designed to require the minimum filling to (ii) The use, sale, lease, or transfer of laws, ordinances, rules, or regulations. The defined by Section 315.02(2), F.S. accomplish the stated purpose of the activity interest and the project planned in conjunction term may be inherent in public projects which (22) "Public necessity" means works or consistent with the protection of the preserve; with the use, sale, lease Or transfer of interest is are shown to be a public necessity. improvements required for the protection of (3) Marina facilities over water are in the public interest; and (12) "Fill" means materials deposited by the health and safety of the public, consistent restricted to those water dependent activities (iii) The project planned in conjunction any means onto submerged lands or with the Act and these rules, for which no other necessary to service boats and allow for fishing with the use, sale, lease, or transfer of interest is transitional zones or submerged lands below reasonable alternative exists. or fish cleaning activities and are designed to consistent with these rules and management mean high water within the preserve. (23) "Quality of the preserve" means the allow the unimpeded flow of water and plans when developed for the preserve; 0 3) "Lease" means a conveyance of degree of the biological and aesthetic values of minimize bottom shading; (iv) If there are tobe structures constructed, interest in lands, title to which is vested in the the preserve necessary for present and future (4) Docks and piers are designed to allow or dredging and filling undertaken on the CH lie., board, granted in accordance with specific enjoyment of it in an essentially natural the unimpeded flow of water and minimize sovereignty submerged land, the project for terms set forth in writing. condition. bottom shading; which a use, sale, lease or transfer of interest of (14) "Marine" means a small craft harbor (24) "Resource management agreement" (5) Utility cables are placed within the sovereignty submerged lands is sought shall be 514 515 ch. 16Q-18 DEPARTMENT OF NATURAL RESOURCES BISCAYNE DAY AQUATIC PRESERVE CH. 16Q-18 one of the following: (d) There shall be no drilling of wells evaluation of an activity: of fish traps, or causing such fish traps to be I. a public navigation project; within the preserve. (1) The number and extent of similar used within the preserve is prohibited, except 2. creation or maintenance of a (e) Spoil disposal within the preserve is human actions within the preserve which have that fish traps no larger than two (2) cubic feet commercial/industrial dock; discouraged by theboard. Spoildisposal will be previously affected or are likely to affect the with a maximum opening size of one (1) inch 3. creation or maintenance of a marina; approved within the preserve only where: preserve, whether considered by the by four (4) inches may be used for obtaining 4. creation or maintenance of a pier; (i) the placement of spoil is on a department under its current authority or bait, provided that such traps must be 5. creation or maintenance of a share self-contained upland site; or which existed prior to or since the enactment of equipped with a biodegradable door or panel. protection structure; (ii) the placement of spoil will enhance the the Act; and (3) Fishing activities from boats using 6. installation or maintenance of approved quality or utility of the preserve. (2) The similar activities within the seines or nets shall not be conducted within navigational aides; (5) The failure of the board to affirmatively preserve which are currently under 1,000 feet of a bridge or fishing pier. 7. creation or replacement of structures rind that a project complies with the provisions consideration by the department; and (4) Taking of indigenous life forms for sale required for the installation or expansion of of Section 16Q-18.06(3)(b), F. A. C., shall (3) Direct and indirect effects upon the or commercial use is prohibited, except that public utilities; and preclude approval of the project by the board. preserve which may be reasonably expected to this prohibition shall not extend to the taking of 8. other projects which are a public Specific Authority 370.021(1), 258.165(4), 258.43 result from the activity; and fin fish or crustacea which may be taken necessity or which are necessary to enhance the FS. Law Implemented 258.165(3), 258.42 FS. (4) The extent to which the activity is commercially under applicable laws, rules or or utility of the preserve and which are History-New 3-20-80. consistent with management plans for the regulations. with the Act and this chapter. 16Q-18.07 Activities Involving Lands preserve when developed; and (5) Members of the public may exercise cast of the projects enumerated and Materials Not Held by the Board. (5) The extent to which the activity is their rights to fish, subject to statutory and 3)(b)(iv)l., 2., 3., 4., 5., and 6., (1) The applicant for activities on lands not permissible within the preserve in accordance regulatory provisions controlling such the project is designed so that the owned by the board must be the owner of with comprehensive plans adopted by affected activities. or structures to be built in, on, or over record, or his authorized agent. The applicant local governments. Specific Authority 380.021(1), 258.165(4), 258.43 erged lands are limited to structures shall submit to the department evidence of Specific Authority 370.021(l), 258.165(4), 258.43 FS. Law Implemented 258.165(4)(c), 258.43(1) FS. sary to conduct water dependent ownership or other forms of legal entitlement FS. Law Implemented 258.165(l), (4), 258.36 FS. History--New 3-20-80. _vities; and no other reasonable alternative as part of the application for activities on lands History-New 3-20-80. 16Q-18.13 Additional Provisions. exists which would allow the proposed project not owned by the board. 16Q-18.09 Exchange of Lands. The (1) Neither the establishment nor the to be constructed or undertaken outside the (2) Applications for activities on lands not board in its discretion may exchange lands for management of the preserve shall operate to preserve. owned by the board shall be reviewed by the the benefit of the preserve, provided that: unreasonably infringe upon the riparian rights (c) A commercial/industrial dock, an department for consistency with these rules (1) In no case shall an exchange result in of upland property ownrs adjacent to or sovereignty lands shall require a lease. Private and management plans when developed for the any land or water area being withdrawn from within the preserve. preseve. The findings shall be forwarded in the preserve; and (2) The board encourages the creation of docks to be constructed and operated on further management criteria or plans to those lands. enhance or protect the preserve. A (d) The failure of the board to affirmatively writing to the Department of Environmental (2) Exchange shall be in the public interest management plan, which includes an find that a project complies with the provisions Regulation by the Executive Director. and shall maintain or enhance the quality or inventory of resources and a management of 16Q-18.06(3)(b), F.A.C., shall preclude a (3) Nothing in these rules shall be utility of the preserve. scheme to further aid in the maintenance and finding of consistency with these rules and construed to impose any of the requirements Specific Authority 370.021(1), 258.165(4), 258.43 enhancement of the biological and aesthetic set forth in (1) and (2) above upon development FS. Law Implemented 258.165(3)(e)(2), 258.41(6) qualities of the preserve, shall be developed for undertaken on upland portions of islands not FS. History-New 3-20-80. the preserve. This management plan shall be management plans when developed for the owned by the board in the preserve that does I16Q-18.10 Gifts of Lands. The board in prepared by the department or by other public preserve. not require a license pursuant to the water its discretion may accept any gifts of lands or or private entities in cooperation with the (4) Sales or Transfers of Materials to be quality, dredge and rill and solid waste interests in lands within or contiguous to the department. Such criteria and plans, when served. provisions of Chapter 253 or 403, F.S. consideration and inclusion in the board's (a) There shall be no severence of bottom Specific Authority 370.021(l), 258.165(4), 258.43 preserve to maintain or enhance the quality management plan for the preserve. sediment or rock unless an applicant and utility of the preserve. (3) Nothing in these rules shall serve to FS. Law Implemented 258.165(2), (3), (4), (5) FS. Specific Authority 370.021(l), 258,165(4), 258.43 eliminate or alter the requirements or affirmatively demonstrates sufficient facts to History,-New 3-20-80. FS. Law Implemented 258.165(3)(c)(3) FS. authority of other governmental agencies, support a finding by the board that: 16Q-18.08 Cumulative Impacts. In History-New 3-20-80. including counties and municipalities, to (i) Sales or transfer of materials to be protect or enhance the preserve provided that severed and the project planned in conjunction evaluating applications for activities within the 16Q-18.11 Agreements. The board may such requirements or authority are not with that sale or transfer is in the public Preserve the department recognizes that, enter into written agreements with owners of inconsistent with the Act and these rules. interest; and while a particular alteration of the preserve lands lying within or contiguous to the Specific Authority 370.021(1)m 258.165(4), 258.43 (ii) The sale or transfer of materials to be may constitute a minor change, the cumulative boundaries of the preserve for any private or FS. Law Implemented 258.165(4) 258.43,258.44 severed and the project planned in conjunction effect of numerous such changes often results public use of such lands and for their FS. History--New 3-20-80. with the sale of transfer of those severed in major impairments to the resources of the management as part of the preserve. 16Q-18.14 Procedures. materials is consistent with these rules and the Preserve. Therefore, the department shall Specific Authority 370.02(l), 258.165(4). 258.43 management plans when developed for the evaluate a particular site for which the activity FS. Law Implemented 258.165(3)(c)(4) FS. (1) Applications for activities within the preserve. is proposed with the recognition that the History-New 3-20-80. preserve shall be made to the Department of (b) There shall be no excavation of shell or activity is part of a complete and interrelated 16Q-18.12 Fishing. Environmental upon the minerals. system.The impact of a proposed activity shall (1) Fishing involving the use of seines or (c) There shall be no sale or transfer of be considered in light of its cumulative impact nets is prohibited in the preserve, except when materials to be for the sole or primary on the preserve's natural systems. The the fishing is for shrimp or mullet. purpose of or creating new lands. department shall include as a part of its (2) Taking of fin Fish by Fish traps, setting CH. 16Q-18'. s WRTMENT OF NATURAL RIESOURCES BISCAYNE BAY AQUATIC PRESERVE 16Q-18 c. ii, application fo pec . in Chapter 17 and other notices shall be published by a single (v) The hearing officer may permit any front the county municipa nments in Fiction 16Q- 16. 16, F. A. C. These forms shall newspaper publication at least 14 days prior to person to present testimony at times other than which the activity would occur. Failure to 4 available at the department and the the hearing. those specified above for the convenience of the request a hearing during the time period shall Department of Environmental Regulation. (9) Hearings on applications for dredge, applicant, agencies, or members of the public if bar such relief. (2) The department shall review all fill, or spoil projects in the preserve or activities the presentation would not disrupt the orderly Speific Authority 370.021(1), 259.165(4). 258.43 information provided by the applicant to specified in Section 258.165(5), F.S., shall be flow of information. Fs. 1,aw implemented 258.165(3), (4), 258.4-3, determine if the application supplies the held as specified in the notice. Hearings on (d) Written documents may he submitted to 253.03, 253.115 FS. History-New .3--1&80. information necessary to evaluate the applications for sale, lease or transfers of land the hearing officer as long as the hearing record IfiQ-18.16 Enforcement. These rules applicant for matters within the purview of the shall only be held if the department is notified, is held open. shall be enforced as provided in Sections department. Within 30 days of receipt of the in writing, that a hearing is requested. The (e) The hearing officer may allow limited 258-165(7), 258.46, 370.021, and 775.082 or application, the department shall notify the request must be received by the department at questions of witnesses presenting factual or 775.083, F.S. applicant in writing of any additional least 7 days prior to the date for the hearing lexpert testimony, if, in the opinion of the Specific Authority 370.021(1), 258.165(4). 258.43 information it requires. specified in (he notice. hearing officer, the questions would add FS. Law Implemented 258.165(7), 258.46, (3) No application shall be considered (10) All public hearings shall be held substantively to the information upon which 370.021(1) FS. History-New 3-20-80. complete until the department receives the jointly with the Department of Environmental the decision will be based. Questions may be following: Regulation to the greatest extent possible. allowed at the conclusion of the witnesses' 16Q-111.17 Application Form. (a) All information requested by the Specific Authority 370.021(1), 258.165(4), 2S8.43 testimony or at some later time during the (1) The application form is comprised of at in accordance with 16Q- 18.14(2), FS. Law Implemented 258.165(3), (4), 259.43, hearing. the joint Department of Army/Florida 253.03, 251115 n. History-New 3-20-80. (f) Objections to testimony shall not be Department of Environmental Regulation The hydrographic and/or biological 16Q-1&13 Public Hearings. available to any person participating in the forms for activities in waters of the State of if required. or performed by the (1) The provisions of this section shall hearing; however, the hearing officer shall Florida [SAJ Form 983, eff. 7/77, available irtment of Environmental Regulation pply to public hearings conducted pursuant to limit testimony to those matters which are from Department of Environmental Aing the Department of Environmental a tion 253.115 and Section 258.165(3)(b), relevant to the proceeding. Regulation] and the department's application See for activities within the Biscayne Bay Aquatic lation evaluation thereof, if any. F.S. for activities within the preserve. (3) The hearing officer shall prepare and Preserve [eff. 3/80, available from Division of ,') To be considered complete, applications (2) Ile public hearings shall be conducted submit a report to the department within 14 State Lands]. It is the intent of these rules to for uses, sales, leases, or transfers of land held in accordance with the following: days from the completion of the hearing or by the board shall include evidence of all (a) The hearing shall be conducted in the preparation of the hearing transcript, if any, adopt a single form which shall be Filed with necessary local government approvals. This county in which the activity would occur by a which ever later occurs. the Department of Environmental Regulation provision shall not be construed to include local hearing officer who is a department staff (4) The Executive Director shall submit a to include all activities within the preserve. It is approvals which, by local ordinance or member or a hearing officer assigned by the recommendation concerning a project to the the further intent of the deparment to adopt resolution, cannot be granted until state Division of Administrative Hearings. The board for its consideration or comments to the any new Department of Environmental C:) permits are issued or which. are ctin"09"11 hearing officer may not participate in any Department of Environmental Regulation in Regulation forms for activities within the upon approval of the board of the use, sale, other department consideration of the accordance with Section 16Q-18.07, F. A. C. preserve, as rules, when formally adopted by lease, or transfer of interest in lands held by the application apart from duties as a hearing (5) A copy of the agenda item shall be sent the Department of Environmental Regulation. board. officer. to each individual requesting a copy in writing. (2) Department of Natural (5) Within 30 days of receipt ofa completed (b) The public hearing shall be The agenda item with the department Resources/Board of Trustees of the Internal application for sale, lease, or transfer of lands mechanically recorded and be transcribed by recommendation, and the consistency review Improvement Trust Fund held by the board, or a request to dredge, fill, or any person at his cost. shall contain a statement which allows Application for Activities in Biscayne Bay spoil in the preserve, or perform an activity (c) The order of presentation of testimony substantially affected persons to request a Aquatic Preserve Jeff. 3/80, available from specified in Section 258.165(5), F.S., the Division of State Lands] shall be as follows: hearing, pursuant to Section 120.57, F.S., Specific Authority 258.165(4), 258.43, 370-021 FS. department shall publish notice of the pending (i) Ile applicant shall proceed first, within 14 days from receipt. The agenda item Law Implemented 258.165, 258.35, 258.46 FS. application and the public hearing thereon as presenting as a minimum the description of the shall also contain any response to the request History-New 3-20-80 specified below. project and surrounding, land uses, its benefits for comments on the activity from the Game (6) All notices will be sent to the applicant or detriments to the preserve, the extreme and Fresh Water Fish Commission as well as and published in a newspaper of general hardship resulting from a failure to grant the circulation in the county in which the activity is relief sought and the public interest, if located and in the Florida Administrative applicable. Weekly. Those individuals who requested, in (ii) The department staff shall proceed writing, notices concerning the particular second and may present whatever information activity or all activity within the preserve shall it wishes to present on matters concerning the also be notified. application. (7) Notices shall indude the name of the (iii) Representatives of other federal, state, applicant, general location of the activity, type or local agencies shall proceed third and may of activity, action requested of the board and present whatever information they wish to the date, time and place of the proposed public present on matters concerning the application. hearing. (iv) Any other interested persons or (8) Notices of requests for sale, lease or members of the public may make their transfer of lands shall be published in presentation at the conclusion of the agencies' accordance with Section 253.115, F.S. All presentation. 518 519 CH. 16Q-19 DEPARTMENT OF NATURAL RESOURCES FLORIDA AQUATIC PRESERVES CH. IGQ-20 RULES RULES activity within the preserves through the OF THE OF THE development and implementaion of a DEPARTMENT OF -NATURAL DEPARTMENT OF NATURAL comprehensive management program; RESOURCES RESOURCES (b) To protect and enhance the waters of the preserves so that the public may continue to DIVISION OF STATE LANDS DIVISION OF STATE LANDS enjoy the traditional recreational uses of those waters such as swimming, boating, and CHAPTER 16Q-19 CHAPTER IGQ-20 fishing; RESERVED FLORIDA AQUATIC PRESERVES (c) To coordinate with federal, state, and local agencies to aid in carrying out the intent 16Q-20.01 Intent. of the Legislature in creating the preserves; 16Q-20.02 Boundaries and Scope of the (d) To use applicable federal, state, and Preserves. local management programs, which are 16Q-20.03 Definitions. compatible with the intent and provisions of 16Q-20.04 Ceneral Management Criteria. the act and these rules, and to assist in 16Q-20.05 t Jses, Sales, Leases, or Transfer managing the preserves; (if Interests in Lands, or (e) To encourage the protection, Materials. Held by the Board. enhancement or restoration of the biological, 16Q-20.06 Cumulative Impacts. aesthetic, or scientific values of the preserves, 16Q-20.07 Protection of Riparian Rights. including but not limited to the modification of 16Q-20.08 Inclusion of Lands, Title to existing manmade conditions toward their Which Is Not Vested in the natural condition, and discourage activities Board, in a Preserve. which would degrade the aesthetic, biological, 16Q-20.09 Establishment or Expansion of or scientific values, or the quality, or utility of a Aquatic Preserves. preserve, when reviewing applications, or 16(1-20.10 Exchange of Lands. when developing and implementing 16Q-20.1'1 Gifts of Lands. management plans for the preserves; . 16Q-20.12 Protection of Indigenous Life (f) To preserve, promote, and utilize Forms. indigenous life forms and habitats, including 16Q-20.13' Developmenk, of Resource- but not limited to: sponges, inf t coral@- hard Inventories and Management corals. submerged grasses, in'Ingroves, sak C@ Plans for the Preserves. water marshes, fresh water marshes, mud flats, CD 16Q-20.14 Enforcement. estuarine, aquatic, and marine reptiles, game 16Q-20.15 Application Form. and non-game fish species, estuarine, aquatic 16Q-20.16 Coordination with Other and marine invertebrates, estuarine, aquatic Governmental Agencies. and marine mammals, birds, shellfish and mollusks; 16Q-20.01 Intent. (g) To acquire additional title interests in (1) All sovereignty lands within a preserve lands wherever such acquisitions would serve shall be managed primarily for the to protect or enhance the biological, aesthetic, maintenance of essentially natural conditions., or scientific values of the preserves; the propagation of fish and wildlife, and public (h) To maintain those beneficial hydrologic recreation, including hunting and fishing and biologic functions, the benefits of which where deemed appropriate by the board, and accrue to the public at large. the managing agency. (4) Nothing in these rules shall serve to (2) The aquatic preserves which are eliminate or alter the requirements or described in Sections 258.39, 258.391, and authority of other governmental agencies, 258.392, F. S., and in 16Q-20.02, F. A. C., including counties and municipalities, to were established for the purpose of being protect or enhance the preserves provided that in an essentially natural or existing such requirements or authority are not preserved condition so that their aesthetic, biological and inconsistent with the act and this chapter. scientific values may endure for the enjoyment Specific Authority 120.53, 258.43(l) Law of future generations. Implementcd258.35, 258.36, 258.37, 258.38, Ch. (3) The preserves shall be administered 80-280, Laws of Florida. History-New 2-23-81. and managed in accordance with the following 16Q-20.02 Boundaries and Scope of the goals: Preserves. (a) To preserve, protect, and enhance these (1) These rules shall only apply to those exceptional areas of sovereignty submerged sovereignty lands wilim preserve, title to 4ands by reasonable regulation of hurnan which is vested in the nd those lands for 520 521 CH. 16Q-20 DEPARTMENT OF NATURAL RESOURCES which the board an appropriate Upon completion of a resource inventory and instrument in writing, executed by the owner, approval of a management plan for a preserve, authorizing the inclusion of specific lands in an pursuant to 16Q-20.14, the type designation aquatic preserve pursuant to Sections and the resource sought to be preserved may be 258.400(1) and 258.41(5), F.S., and pursuant readdressed by the board. to 16Q-20.08, F. A. C. Any publicly owned (6) For the purpose of clarification and FLORIDA AQUATIC PRESERVES CH. 16Q-20 and maintained navigation channel authorized interpretation, the legal description set forth as by the United States Congress, or other public follows do not include any land which is 31 28 28 works project authorized by the United States expressly recognized as privately owned 27 25 Congress designed to improve or maintain upland in a pre-existing recorded mean high GENERAL LOCATION commerce and navigation shall be deemed water line settlement agreement between the OF 28 FLORIDA AQUATIC PERSERVES excluded from the provisions of this chapter, board and a private owner or owners. 1. Fort Church State Park pursuant to Subsection 258.40(2), F.S. Provided, however, in those instances wherein 2. Nassau River--St Johns River Marshes Furthermore, all lands lost by avulsion or by a settlement agreement was executed 3. Peillcar Creek artifcially induced erosion shall be deemed 4. Tomoka Marsh subsequent to the passage of the Florida 5. Wakiva River 6. Mosquito Lagoon excluded from the provisions of this chapter Coastal Mapping Act, the determination of the 7. Bannana River 8. Indian River--Melabar to Sebastian pursuant to Subsection 258.40(3), F.S. mean high water line shall be in accordance 9. Indian River--Vero Beach to Ft. Flarca (2) These rules do not apply to Boca Ciega with the provisions of such act. 10. Janeen Beach to Jupiter Intel 11. North Fork, St. Lucia Bay, Lake Jackson (Leon County), Pinellas (7) The attached map (Figure 1) shows the 12. Lomahaichee River--Lake Worth Creek County or Biscayne Bay Aquatic Preserves. general location of the preserves. It is included 13. Biscayne Bay--Cape Florida to use each of these preserves are established for informational purposes only and is not Monroe County Line 14. Lighomvtime Key separate acts, each will be subject to a intended to be, nor is it, an accurate depiction 15. Coupon Bight 22 16. Cape Romano--Ten Thousand Islands rule. of the legal boundaries of the perserves. 17. Roschery Bay 13 ese rules are promulgated to clarify Persons interested in obtaining details of 18. Estero Bay responsibilities of the board in carrying out particular preserves should contact the Bureau 19. Pine Island Sound 18 land management functions as those of State Lands Management, Department of 20. Matiacha Pass actions apply within the preserves. Natural Resources, 3900 Commonwealth 21. Gasparitla Sound--Charlotte Harbor 17 22. Cape Hats Implementations and responsibility for Blvd., Tallahassee, FL 32303 (telephone 23. Cockroach Bay 16 environmentally permitting of activities and 904-488-2297). 24. St. Matins Marsh water quality protection within the preserves (a) The preserves are described as follows: 25. Alligator Harbor are vested in the Department of 1. Fort Clinch State Park Aquatic 26. Apalachipia Bay Environmental Regulation. Since these rules Preserve, as described in the Official Records 27. St. Joseph Bay are considered cumulative with other rules, a of Nassau County in Book 108, pages 343-346, 28. St. Andrews State Park person planning an activity within the preserves and in Book I 11, par 409. 29. Rocky Bayou State Park should also consult the other applicable 2. Nassau River - St. Johns River 30. Yellow River Marsh department rules (16C-12, F. A. C., for Marshes Aquatic Preserve, as described in the 31. Fort Pichana State Park (FIGURE 1) example) as well as the rules of the Official Records of Duval County in Volume Department of Environmental Regulation. 3183, pages 547-552, and in the Official (Chapter 17-3 and 17-4, F. A. C.) Records of Nassau County in Book 108, pages (4) These rules am prospective in their 232-237. application and shall not apply to activities for 3. Pellicer Creek Aquatic Preserve, as which applications have been submitted to the described in the Official Records of St. Johns Board or the Department of Environmental County in Book 181, pages 363-366, and in the Regulation prior to the adoption date of these Official Records of Flagler County in Book 33, 5. Wekiva River Aquatic Preserve, as 8. Indian River -- Malabar to Sebastain rules; and shall not affect previous actions of pages 131-134. described in Section 258.39(30), F.S. Aquatic Preserve, as described in the Official the board concerning the issuance of any 4. Tomoka Marsh Aquatic Preserve, as 6. Mosquito Lagoon Aquatic Preserve, as Records of Brevard County in Book 1143, easement or lease; or any disclaimer described in the Official Records of Flagler described in the Official Records of Volusia pages 199-202, and in the Official Records of concerning sovereignty lands. County in Book 33, pages 135-138, and in the County in Book 1244, pages 619-623, and in Indian River County in Book 368, pages 5-8. (S) The intent and specific provisions Official Records of Volusia County in Book the Official Records of Brevard County in 9. Indian River -- Vero Beach to Fort expressed in 16Q-20.01(e) and (f) apply 1244, pages 615-618. Book 1143, pages 190-194. Pierce Aquatic Preserve, as described in the generally to all existing or future aquatic 7. Banana River Aquatic Preserve, as Official Records of Indian River County in preserves within the scope of this chapter. described in the Official Records of Brevard Book 368, pages 9-12, and in the Official County in Book 1143, pages 195-198, less Reacords of St. Lucie County in Book 187, those lands dedicated to the U. S. A. prior to the pages 1083-1086. enactment of the act, until such time as the U. 10.Jensen Beach to Jupiter Inlet Aquatic I S. A. no longer wishes to maintain such lands Preserve, as described in the Official Records for the purpose for which they were dedicated, of St. Lucie County in Book 218, pages 2865-2869. at which time such lands would revert to the 11. North Fork, St. Lucie Aquatic board, and be managed as part of the preserve. 522 523 CH. 16Q-20 DEPARTMENT OF NATURAL RESOURCES FLORIDA AQUATIC PRESERVES CH. 16Q-20 Preserve, as described in the Official Records 28. St. Andrews State Park Aquatic means interactions between flora, fauna and terms set forth in writing. of Martin County in Book 337, pages Preserve, as described in the Official Records physical geological or geographical attributes (17) "Marina" means a small craft harbor 2159-2162, and in the Official Records of St. of Bay County in Book 379, pages 547-550. of the environment, which provide benefits complex used primarily for recreation. Lucie County in Book 201, pages 1676-1679. 29. Rocky Bayou State Park Aquatic that accrue to the public at large, including, but (18) "Oil and gas transportation facilities" 12. Loxahatchcc River - Lake Worth Preserve, as described in the Official Records not limited to: retardation of storm water flow; means those structures necessary for the Creek Aquatic Preserve, as described in the of Okaloosa County in Book 593, pages storm water retention; and water storage, and movement of oil and gas from the production Official Records of Martin County in Book 742-745. periodical release; site to the consumer. 320, pages 193-196, and in the Official 30. Yellow River Marsh Aquatic Preserve, (7) "Biological values" means the (19) "Person" means individuals, minors, Records of Palm Beach County in Volume as described in the Official Records of Santa preservation and promotion of indigenous life partnerships, corporations, joint ventures, 1660, pages 806-809. Rosa County in Book 206, pages 568-571. forms and habitats including, but not limited estates, trusts, syndicates, fiduciaries, firms, 13. Biscayne Bay - Cape Florida to 31. Fort Pickens State Park Aquatic to: sponges, soft corals, hard corals, submerged and all other associations and combinations, Monroe County Line Aquatic Preserve. as Preserve, as described in the Official Records grasses, mangroves, saltwater marshes, fresh whether public or private, including described in tLc Official Records of Dade of Santa Rosa County in Book 220. pages water marshes, mud flats, marine, estuarine, governmental entities. County in Book 7055, pages 852-856, less, 60-63, in the Official Records of Escambia and aquatic reptiles, games and non-games (20) "Pier" means a structure in, on, or however, thaw lands and waters as described County in Book 518, pages 659-662, less the fish species, marine, estuarine, and aquatic over sovereignty lands, which is used by the in Section 258.165, F. S., (Biscayne Bay lands dedicated to the U. S. A. for the mammals, marine, estuarine, and aquatic public primarily for fishing, swimming, or Aquatic Preserve Act of 1974), and those lands establishment of the Gulf Islands National invertebrates, birds and shellfish. viewing the preserve. A pier shall not include a and waters within the Biscayne National Park. Seashore prior to the enactment of the act, until (8) "Board" means the Governor and dock. 14, Lignumvitac Key Aquatic Preserve, as such time as the U. S. A. no longer wishes to Cabinet sitting as the Board of Trustees of the (21) "Preserve" means any and all of those described in the Official Records of Monroe maintain such lands for the purpose for which Internal Improvement Trust Fund. areas which are exceptional areas of v in Book 502, pages 139-142. they were dedicated, at which time such lands (9) "Channel" means a trench, the bottom sovereignty lands and the associated water ")upon Bight Aquatic Preserve, as would revert to the board and be managed as of which is normally covered entirely by water, body so designated in Section 258.39, 258.39 1, in the Official Records of Monroe part of the preserve. with the upper edges of its sides normally and 258.392, F.S., including all sovereignty Book 502, pages 143-146. Spetific Authority 120.53, 258.43(f) n. Law below water. lands, title to which is vested in the board, and Je Romano - Ten TIMMIsand Impkinented 258 39, 238 40, 258 41, 258 42. (10) "Commercial/inclustriall dock" means such other lands as the board may acquire or Aquatic Preserve, as described in the 258.43,258.44,258.45 FS. Histary-New 2-23-81. a dock which is located in, on, or over approve for inclusion, and the water column _ial Records of Collier Cqtipty in Book 16Q-20.03 Definition& When used in sovereignty [a -rids and which provides fueling over such lands, which have been set aside to be pages 298-301. these rules, the following words shall have the or sewage p4mp-o4t facilities, or which is used maintained in an essentially natural or existing 17. Rookery Bay Aquatic Preserve. as ,1 icated meaning unless the context dearly to produce incom , or which serves as an condition of indigenous flora, An4jafdni aid' ind c 0 iidii&mcr@t, to'@cnting, purchasing; 6r using theii supporting habitat and the natural scenic described in Section 254.39(31). FS. as accompanying facilities. This term shall be qualities and amenities thercof. (1) "Act" means the provisions of Section described in Section 258.39(31), F.S. 258.35 through 258.46, F.S.. the Florida construed to include any dock not a private .(22) "Private dock" means a dock located 19. Pint Island Sound Aquatic Preserve, as Aquatic Preserve Act. dock. in, on, or over sovereignty lands, which is used described in the Official Records of Lee (2) "Activity" means any project and such (11) "Department" means the State of for private leisure purposes for a dwelling and County in Book 648, pages 732-736. other human action within the preserve Florida Department of Natural Resources, as which does not provide fueling or sewage 20. Matlacha Pass Aquatic Presem, as requiring board approval for the use, sWe. administrator for the board. pump-out facilities, and does not produce described in the Official Records of Lee lease " transfer of interest in sovereignty lands (12) "Division" means the Division of income, and does not serve as an inducement to County in Book 800, pages 725-728. or materials, or which may require a license State Lands, which performs all staff duties renting, purchasing or using accompanying 21. Gasparilla Sound - Charlotte Harbor from the Department of Environmental and functions related to the administration of facilities. Aquatic Preserve, as described in ScW0n Regulation. lands title to which is, or will be, vested in the (23) "Public interest" means demonstrable 258.392, F.S. (3) "Aesthetic values" means scenic board, pursuant to section 253.002, F.S. environmental, social, and economic benefits 22. Cape Haze Aquatic Preserve, as characteristics or amenities of the preserve in (13) "Dock" means a fixed or floating which would accrue to the public at large as a described in Section 258.39(29), F.S. its essentially natural state or condition, and structure, including moorings, used for the result of a proposed action, and which would 23. Cockroach Bay Aquatic Preserve. as the maintenance thereof. purpose of berthing buoyant vessels either clearly exceed all demonstrable described in Section 258.391, F.S. (4) "Applicant" means any person making temporarily or indefinitely. environmental, social, and economic costs of 24. St. Martins Marsh Aquatic Preserve, application for a permit, license, conveyance of (14) "Essentially natural condition" means the proposed action. In determining the public as described in the Official Records of Citrus an interest in state owned lands or any other those functions which support the continued interest in a request for use, sale, lease, or County in Book 276., pages 239-241. necessary form of governmental approval in existence or encourage the restoration of the transfer of interest in sovereignty lands or 25. Alligator Harbor Aquatic Preserve, as order to perform an activity within the diverse population of indigenous life forms and severence of materials from sovereignty lands, described in the Official Records of Franklin preserve. habitats to the extent they existed prior to the the board shall consider the ultimate project County in Volume 98, pages 82-85. (5) "Beneficial biological functions" means significant development adjacent to and within and purpose to be served by said use, sale, lease, 26. Apalachicola Bay Aquatic Preserve, as interactions between flora, fauna and physical the preserve. or transfer of lands or materials. described in the Official Records of Gulf or chemical attributes of the environment, (15) "Fill" means materials caused to be (24) "Public navigation project" means a County in Book 46, pages 77-81, and in the which provide benefits that accrue to the public deposited by a person, by any means onto project primarily for the purpose of navigation Official Records of Franklin County in at large, including, but not limited to: nutrient, sovereignty lands, below mean high water line which is authorized and funded by the United Volume 98, pages 102-106. pesticide and heavy metal uptake; sediment within the preserve. States Congress or by port authorities as 27. St. Joseph Bay Aquatic Preserve, as retention; nutrient conversion to biomass; (16) "Lease" means a conveyance of defined by Section 315.02(2), F.S. described in t ffi nutrient recycling and oxygenation. interest in lands, title to which is vested in the (25) "Public necessituilgraeans the works or IfMQ icial Records of Gulf board, granted in accordance with specific improvements require c protection of County Iin Bw pages 73-76. (6) "Beneficial hydrological functions" W 524 525 CH. 16Q-20 2d1&-AU1TMKNT OF NATURAL RESOURCES FLORID .A AQUATIC PRESERVES CH. 16Q-20 scientific values, in an essentially natural approve the use, sale, lease the health and safetywpublic, consistent 0 or transfer of state following: vigation with the Act and these rules, for which no other condition. owned lands within a preserve for the purpose (i) a public na reasonable alternative exists. Specific Authority 258-430) FS. Law Implemented of -providing private or public road access to (ii) maintenance of an existing navigation (26) "Public utilities" means those 258.37, 25&43(1) FS. History-New 2-25-81. islands where such access did not previously channel; services, provided by persons regulated by the IGQ-20.04 General Management exist. (iii) creation or maintenance of a Public Service Commission, or which are Crit,,i,. Specific Ati(horits 259-43(t), FS. Law Implemented commercial/industrial dock, or a pier, or a provided by rural cooperatives, municipalities, 253-03, 253.12j, 253-124, 258.42, 259.43 FS. marina; (1) Before the board approves the use, sale, History-Nrw 2-25-81. (iv) creation or maintenance of a private or other governmental agencies, including lease, or transfer of interest in sovereignty electricity, tele .phone, public water and lands or severance of materials therefrom, an 16Q-20.05 Uses, Sales, Leases, or d.ock.for reasonable ingress and egress of wastewater services, and structures necessary applicant must affirmatively demonstrate, Transfer of Interests in Lands, or Materials, riparian owners; for t Held by the Board. (v) creation or maintenance he provision of these services. where applicable, that: protection structure; . of a shore -serve" means the (1) A use, sale, lease or transfer of (vi) installation or mainten (27) -Quality of the pre (a) The proposed dredging is the minimum ance of degree of the biological, aesthetic and scientific neccssary to accomplish the stated purpose and sovereignty lands. or materials, shall be subject approved navigational aides; values of the preserve necessary for present and that the activity is designed to minimize the to such terms, conditions, or deed restrictions, future enjoyment of it in an essentially natural as the board deems necessary to protect the (vii) installation or maintenance of oil and need for maintenance dredging; gas transportation facilitiesi condition. (b) No new lands will be created by filling quality or utility of the preserve and further the (viii) creation, maintenance, or (28) "Resource management agreement" or spoiling within the preserve unless no intent of the act of these rules. A condition of a means a contractual agreement between the It lands, or replacement of structures required for the reasonable alternative exists to accomplish the sale, lease or transfer of sovereignt board and one or more parties which does not stated purpose, and the project is designed to materials, shall be the applicant's installation or expansion of public utilities; e an interest in real proprrty.but merely require the minimum filling to accomplish the reimbursement for the department's cost of (ix) restoration of land as authorized by izes conduct of certain management stated purpose of the activity consistent with advertising and notification of adjacent Subsection 258.124(g), F.S.; and an lands held by the board. the protection of the preserve; property owners. Unless a sale of lands is (x) other activities which are a public .-',iparian rights" means those rights (c) Marina facilities over water are approved by the legislature, a condition of the necessity or which are necessary to enhance the .,) lands bordering upon navigable restricted to those structures which are deed of sale shall be that the lands shall quality or utilty of the preserve and which are -s recognized by the courts of this state necessary to support water dependent activities continue to be managed as a part of the consistent with the act and this chapter; common law. and which are designed to allow the preserve. (xi) reasonable improvements for 130) "Sale" means a conveyance of interest unimpeded flow of water, and minimize (2) The document which manifests a use, mosquito control. in lands, by the board, for consideration- sale, lease or transfer of lands or materials shall 4. In the case of the activities enumerated K3 (31) "Scientific values" means the bottom shading; state, with particularity, the activities to be in 16Q-20-05(3)(b)3., (i), (ii), (iii). (iv). (v). (d) Docks, piers, and other structures arc (vi), and (vii), F. A. C.. the activity is designed preservation and promotion of certain qualities designed to allow the unimpeded flow of water conducted. Additional activities not expressly so that the structure or structures to be built in, or features which have scientific significance. and minimize bottom shading; included in the document are prohibited and on. or over sovereignty lands are limited to (32) "Shore protection structure" means a (e) Utility cables or pipes are dons-tructed may be conducted only after further approval type of coastal construction designed to and placed in a manner, and located along a by the board. structures necessary to conduct water minimize the rate of erosion. Coastal route, which will cause minimum disturbance (3) Uses, Sales, Leases, or Transfer of dependent activities; and construction includes any work or activity of the habitats and life forms sought to be Interests in Lands. 5. No other reasonable alternative exists which is likely to have a material physical preserved pursuant to 16Q-20.01(3)(n, F_ A. (a) All activities to be conducted on lands which would allow the proposed activity to be effect on existing coastal conditions or natural C., ,, those identified in resource inventories held by the board shall require prior approval constructed or undertaken outside the shore processes. and management plans for the preserve, when of the board in the form of a sale, lease, preserve; and (33) "Sovereignty lands" means those transfer, letter of consent to use, or resource (c) Docks in, on, or over sovereignty lands: lands including, but not limited to: tidal lands, developed. The board recognizes that plants management agreement, for the proposed 1. A commercial/industrial dock on and other life forms ba- certain regenerative sovereignty lands shall require a lease; islands, sandbars, shallow banks, and lands capabilities that can survive minimal activities on sovereignty lands. 2. A private dock in excess of 500 square waterward of the ordinary or mean highwater disturbance,. (b) There shall be no further use, sale, line, to which the State of Florida acquired title (2) The board shall discourage any project lease, or transfer of interest in sovereignty feet may not require a lease if the applicant on March 3, 1845, by virtue of statehood, and which involves the cutting or removal of lands unless an applicant affirmatively affirmatively demonstrates that the particular of which it has not since divested its title scagrasses, mangroves, marsh grasses or demonstrates sufficient facts to support a physical geography of the location necessitates interest. For the purposes of this rule rushes. Only those activities which have no finding by the board that: the excess in order to obtain reasonable ingress sovereignty lands shall include all submerged reasonable alternative and in which adequate I . The use, sale, lease, or transfer of and egress to and from the upland riparian lands within the boundaries of the preserve, mitigation and subsequent monitoring interest and the activity planned in conjunction P'Pc"ty- Without such affirmative title to which is held by the board. measures are also proposed as a part of the with the use, sale, lease or transfer of interest is demonstration a lease shall be required; (34) "Spoil" means materials dredged from project, shall be considered by the board. in the public interest; and 3. A private dock of 500 square feet or less sovereignty lands which are redeposited or (3) The board shall encourage the 2. The activity planned in conjunction with shall not require a lease, but shall require a discarded by any means, onto either stabilization of shorelines, where possible, the use, sale, lease, or transfer of . interest is letter of consent to use sovereignty lands. sovereignty lands or uplands. with natural vegetation or riprap materials. consistent with these rules and management (d) The failure of the board to affirmatively (35) "Transfer" means the act of the board Where natural vegetation does not appear to be plans when developed for the preserve; and find that an activity complies with the by which any interest in lands, including capable of preventing shoreline erosion, the 3. If there are to be structures constructed, Provision of 16Q-20.05(3)(b), F. A. C., shall casements, other than sale or lease, is conveyed. board shall recommend the use of riprap or dredging and filling undertaken on preclude a finding of consistency with these (36) "Utility of the preserve,, means fitness materials. sovereignty lands, the activity for which a use, rules and management plans when developed of the preserve for the present and future (4) It shall be the policy of the board not to sale, lease, or transfer of interest in sovereignty for the preserves. enjoyment of its biological, aesthetic and lands or materials is sought shall be one of the (4) Sales or Transfer of Materials to be 526 527 CH. 16Q-20 DEPARTMENT OF NATURAL RESOURCES FLORIDA AQUATIC PRESERVES CIL 16Q-20 Severed. department under its current authority or conditions: Sj@rilic Atilhariq 258.43(l) F.S. I.;iw Inspicinenied (a) There shall be no severance of bottom which existed prior to or since the enactment of (a) The term of the lease shall lie for a 258.41(5), 258.42@1) FS. Ilist,y-New 2-25-81. sediment or rock unless an applicant the Act; and minimum periorl of ten years. IGQ-20.11 Gifts of Iands. The board in affirmatively demonstrates sufficient facts to (2) The similar activities within the (b) The board shall have the power and its discretion may accept any gifts of lands or support a finding by the board that: preserve which are currently under duty to enforce the provisions of each lease interests in lands within or contiguous to the 1. Sales or transfer of materials to be consideration by the department; and agreement, and shall additionally have (lie preserve to maintain or enhance the quality severed and the activity planned in conjunction (3) Direct and indirect effects upon the power to terminate any lease if the termination and utility of the preserve. with that sale or transfer is in the public preserve and adjacent preserves, if applicable, is in the best interest of the aquatic preserve @Fm-irjc Authtirii), 2 ig-43(l) F.S. 1,aw Implemented interest; and which may reasonably be expected to result system, and shall have the power to include 258.42(5) F.S. llivory-New 2-25-81. 2. The sale or transfer of materials to be from the activity; and such lands in any agreement for management severed and the activity planned in conjunction (4) The extent to which the activity is of such lands. 16Q-20.12 Protection of Indigenous with the sale or transfer of those severed consistent with management plans for the I (c) The board shall pay no more than $1 Life Forms. The taking of indigenous life materials is consistent with these rules and the preserve, when developed; and per year for any such lease. forms for sale or commercial use is prohibited, management plans when developed. (5) The extent to which the activity is Specific Authority 258.43(l) FS. Lawlmplctn@ojd except that this prohibition shall not extend to (b) There shall be no excavation of shell or permissible within the preserve in accordance 258.40, 238.41 FS. History-New 2-25-81. the commercial taking of fin fish, crustacca or minerals, except the dredging of dead oyster with compreiricrisivc, plans adopted by affected 16Q-20.09 Establishment or Expansion mollusks, except as prohibited under shells as approved by the department, subject local governments, pursuant to section of Aquatic Preserves. applicable laws, rulesor regulations. Members the formal approval of the board. 163.3161, F.S., and other applicable plans (1) The board may expand existing of the public may exercise their rights to fish, so c) There shall be no sale or transfer of adopted by local, state, and federal long as not contrary to other statutory and preserves or establish additional areas to be regulatory provisions controlling such .crials to be severed for the sole or primary governmental agencies; included in the aquatic preserve system, activities. .;-poseof providingfill orcreating new lands. (6) The extent to whic -It the loss of subject to confirmation by the legislature. Specific Authority 258.43(l) FS. Law Implemented (d) There shall be no drilling of gas or oil beneficial hydrologic and biologic functions (2) The board may, after public notice and 238.43(l) FS. History-New 2-25-81. wells within the preserves. would adversely impact the quality or utility of public hearing in the county or counties in (e) Spoil disposal within the preserves is the preserve; and which the proposed expanded or new preserve 16Q-20.13 Development of Resource discouraged by the board. Spoil disposal will (7) Ile extent to which mitigation is to be located, adopt a resolution formally inventories and Management Plans for the only be approved within the preserve where measures may compensate for adverse impacts. setting aside such areas to be included in the Preserves. theapplicant. affirmatively clemonstrates-,that Specific Authority 258-43(l) FS_ La- Implemirrited system. (1) The board authorizes and directs the the spoil will not be harmful tojor may bewfit, 258.36. 258- 43. 258- 44 FS_ History-New 2-25-8 1. (3) The resolution setting aside an aquatic division to develop a resource inventory and the quality or utility of the preserve. 16Q-20 07 Protection of Riparian preserve area shall include: management plan for each preserve. (5) Ile failure of the board to affirmatively Rio;&@ Neither s, the eskablkshment nor the ApKription qf@',!@@%4rca @q@be` (2) The division may perkrm, the,work to develop the inventories and plans, or may enter nd'.thkC-,' %,'attiv1 . @. - 1- 1 1. '. . -`. , @ I (aL).,'A,leg4I management of theii4ttatic preserves under ihc included. A map depicting the legal description prousions of I&Q-20.05(3)(b), F. A. C., shall provisions of the act shall operate to shall also be attached. into agreements with other persons to perform preclude approval of the activity by the board. unreasonably infringe upon the traditional (b) The designation of the type of aquatic the work. In either case, all work performed Specific Authority 258.43(1) n. Law Impilemented 253.02,253. IZ 258.42 FS History-New 2-25-81. riparian rights of upland property owners preserve. shall be subject to board approval. Within six adjacent to or within the preserves. (c) A general statement of what is sought to months from the effective date of this rule the 16Q-20.06 Cumulative Impacts. In Specific Authority 258.43(1) FS. Law Impimicntcd be preserved. division shall present a report to the board evaluating applications for activities within the 258.123, 25& 124(8), 238.44 FS. History-New (d) A statement that the area established as detailing; preserves or which may impact the preserves, 2-25-81. a preserve shall he subject to the management (a) an estimate of the length of time, staff the department recognizes that, while a 16Q-20.08 Inclusion of Lands, Tide to criteria and directives of this chapter. requirements, and cost, todevelopan inventory particular alteration of the preserve may Whih Is Not V,,Id in the Ekird, in (e) A directive to develop a natural resource and plan for each preserve; and constitute a minor change, the cumulative preserve. inventory and a management plan for the area (b) an indication of which persons might be effect of numerous such changes often results (1) Lands and water bottoms which are being established as an aquatic preserve. interested in performing work on the in major impairments to the resources of the within designated aquatic preserve (4) Within 30 days of the designation and inventories and the plans; and preserve. Therefore, the department shall boundaries, or adjacent thereto and which are establishment of an aquatic preserve, the board (c) a conceptual strategy for the evaluate a particular site for which the activity owned by other governmental agencies, may be shalt record in the public records of the county development, implementation and is proposed with the recognition that the included in an aquatic preserve upon specific or counties in which the preserve is located a enforcement of the plans; and activity may, in conjunction with other authorization for inclusion by an appropriate legal description of the preserve. (d) criteria for designating urban and activities adversely affect the preserve which is instrument in writing executed by the agency. Specific Authority 258.43(l) FS. Law Implemented wilderness types of preserves. The criteria part of a complete and interrelated system.The (2) Lands and water bottoms which are 258.41 FS. History-New 2-25-81. shall be related to those factors or functions necessary for the maintenance of essentially impact of a proposed activity shall be within designated aquatic preserve boundaries IGQ-20.10 Unchange of Ian& The natural conditions. The type designation for considered in light of its cumulative impact on or adjacent thereto, and which are in private board in its discretion may exchange lands for each preserve according to these criteria shall the preserve's natural system. The department ownership, may be included in an aquatic the benefit of the preserve, provided that: be indicated in the report. Additional shall include as a par@ of its evaluation of an preserve upon specific authorization for (1) In no case shall an exchange result in management criteria for wilderness preserves activity: inclusion by an appropriate instrument in any land or water area being withdrawn from shall be drafted for inclusion in the rule; and (1) The number and extent of similar writing executed by the owner. the preserve; and human actions within the preserve which have (c) additional management criteria for (3) The appropriate instrument shall be (2) Exchanges shall be in the public those preserves within designated Manatee previously affected or arc likely to affect the either a dedication in perpetuity, or a lease. interest and shall maintain or enhance the Critical Habitat areas preserve, W considered by the Such lease shall contain the following quality or utility of the preserve. (3) Each resource i shall contain at 528 529 CH. 16Q-20 RTMENT OF NATURAL RESOURCES FLORIDA AQUATIC PRESERVES CH 16Q-2 10 b. community analysis 7. Privately owned land* preserves' a minimum: 3. Winds 4. Habitats designated lx)undaries (a) the current geographic distribution of 4. Catastrophes a. subtidal a. access flora; and a. freezes (b) the current geographic distribution of b. hurricanes i. mud, sand, peals b. area fauna; and 5. M icrometeorology ii. oyster C. use iii. scagrass C. Activities with potentially adverse (c) the presence of any rare, endangered or C. Geology iv. water column impact threatened species; and 1. Stratigraphy b. intertidal 1. Shoreline protection structures (d) information on changes through history 2. Topography and bathyinctry i. saltmarsh 2. Commercial and industrial docks of the extent, composition and periodicity of 3. Islands ii. mangrove 3. Marinas the distribution oi' flora and fauna, if possible; 4. Soils and sediments iii. beach 4. Bridges and causeways and 5. Mineral resources c. supraticlal 5. Channels and spoil areas (e) the physical geography of the area, 6. Wells and aricsian springs including maps and cross-sections to illustrate D. Hydrography i. salt barren 6. Utility installations system-intcryclationships; and 1. Scalevel (mean high water line) ii. coastal hammock/barrier island 7. Oil and pipe lines (f) human alterations of the natural 2. Tides iii. uplands (4) Each management plan shall contain at conditions including: 3. Currents D. Productivity a minimum: 1. a list of all types of human alterations; 4. Erosion and deposition patterns 1. Primary production (a) A description of what "an essentially and 5. Existing deep waters a. rates natural condition" consists of for each 2. the timing and geographical distribution E. Chemistry b. area preserve; and of the human aitc-tions; and 1. Water c. total (b) An evaluation of the impacts upon 3. the intensity of each type of human a. water quality classification 2. Secondary productivity flora, fauna, and physical geography caused by -rations. b. abiotic parameters a. rates human alterations; with an estimate of the a detailed resource survey could c. biotic parameters b. compartments point in time at which the preserve became or d. best water quality conditions c. total - will become, "no longer in an essentially ;EO-GRAPHY c. average water quality conditions 3. Export and import natural condition"; and Location: latitude and longitude, f. worst water quality conditions E. Rare and endangered plants and (c) An evaluation of the preserve's ability to .,vnship, range and sections i. sources and amounts animals provide benefits for future generations; and B. Definition: descriptions of available ii. permit status 1. Names (d) An evaluation of: maps and aerial images 2. Air 2. Records and occurrence 1. Local authorities C. Placenames and Landmarks a. air quality classification 3. Habitat 2. Local conservation and nature study 1. Promontories b. best air quality conditions 4. Refugia and corridors groups @3 2. Islands c. average air quality conditions 5. Sensitive areas 3. Local educational and research facilities 3. Passes d. worst air quality conditions F. Adverse conditions 4. Available bibliographies -.& 4. Beaches and bars i. sources and amounts 1. Exotic plants and animals 5. Current research 5. Embayments ii. permit status 2. Pest populations 6. Resources of value D. Physical Setting (111) BIOLOGICAL FEATURES 3. Undesirable habitat 7. Vulnerability of resources 4. Biocide concentrations and activities 8. Archaeological sites 1. Position on coast A. Setting (IV) NATURAL FEATURES OF 9. Interactions between contiguous 2. Position on estuary or estuarines 1. Biogeographic 3. Position on drainage basin(s) 2. Relation to parks, p-rves, etc. SOCIO-ECONOMIC IMPORTANCE preserves E. Political Setting B. Perimeter A. Uplands and perimeters 10. Distinguishable impacts on preserves 1. Municipalities 1. Preserve boundaries 1. Population size and growth rate divided by political boundaries. 2. County or counties a. biological condition 2. Existing and projected land-use (c) An evaluation of the goals, policies and 1 Regional authorities b. disturbed area a. types of land-usc implementation tools of the local government 4. Federal interests 2. Internal shorelines b. location and characteristics of upland for managing activities which are either in, or (11) PHYSICAL FEATURES a. biological condition canals which impact upon a preserve; and A. Totalarca b. disturbed area c. interceptor and spreader waterways recommended policies and implementation 1. Land (stated in absolute terms, like sq. C. Diversity d. existing points of access/egress techniques for dealing with the findings of the km., and relatively, as percent total) I .Verified present B. Existing uses above evaluations and inventory. a. Emergent and submerged a. fungi 1. Park, preserves, etc. (f) An evaluation of any restoration needs, i. public (city, county, state, federal, other) b. plants 2. Scenic vistas and available techniques and costs. ii. private c. animals - 3. Recreation (g) An evaluation of any needs for preserve iii. vegetated 2. Probably present a. birding and nature study areas expansion to include further sensitive iv. disturbed a. fungi b. fishing areas aesthetic, biological or scientific areas. Such 2. Water b. plants c. boating and swimming areas evaluation should include consideration of the a. Fresh c. animals 4. Areas used for commercial fishing current pattern and other legal encumbrances, b. Brackish and marine 3. Composition 5. Areas closed to commercial fishing as well as possible cumulative effects of such B. Meteorology a. numerical 6. Private [cases of state lands expansion. 1. Temperature i. dominant species a. number, location and size (h) Recommended management 2. Rainfall ii. rare species b. uses techniques for aesthetic, biological or scientific 530 531 CH. 16Q-20 DEPARTMENT OF NATURAL RESOURCES types of preserves, as appropriate. with the department and with the Department (5) Only those management plans of Environmental Regulation for all projects developed pursuant to 16Q-20.13,F.A.C., or upon sovereignty lands. It is the further intent those found by the board to be consistent with of the department to adopt any new the provisions of 16Q-20-13, F.A.C., and Department of Environmental Regulation which are adopted by order of the board, shall forms for activities upon sovereignty lands, as be implemented. The board may enter into rules, when formally adopted by the contracts or resource management agreements Department of Environmental Regulation. with any person to assist in the implementation Specific Authority 253.43(1) FS. Law Implemented of an adopted management plan for a preserve. 258.43 History--New 2-25-81. Specific Authority 258.43(1) FS. Law Implemented 253.03(7), 253.03(8) FS. History-New 2-25-81. 16Q-20.16 Coordination with Other Governmental Agencies. Where a 16Q-20.14 Enforcement. The rules shall Department of Environmental Regulation be enforced as provided in Section 258.46. permit is required for activities on sovereignty Specific Authority 258.43(1) FS. Law Implemented lands the department will coordinate with the 258.46 FS. History--New 2-25-81. Department of Environmental Regulation to obtain a copy of the joint Department of 16Q-20.15 Application Form. Army/Florida Department of Environmental (1) The application form in 16Q-12, Regulation permit application and the F.A.C., is to be submitted to the department for biologicial survey. The information contained activities which require board approval for the in the joint permit application and biological use of sovereignty lands. Applicants are assessment shall be considered by the advised to check with the Department of department in preparing its staff Environmental Regulation (DER) to recommendations to the board. The board may determine whether a permit is required from also consider the reports of other governmental that agency. It is comprised of the department's agencies that have related management or application for activities upon sovereignty permitting responsibilities regarding the lands and the joint Department of proposed activity. Army/Florida Department of Environmental Specific Authority 253.43(1) FS. Law Implemented Regulation forms for activities within waters of 258.43 FS. History--New 2-25-81. the State of Florida. It is the intent of these rules to adopt a single form which shall be filed 532 SUPPLENIENT 176 177 1 ANNUAL SUPP results im dry lands formerly cowrcd by Of COW 21.02 Scope and Effective Date. (12) (1) Thew rules are to impleatem the water. (2) "Activity" mcns any use of Florida administrative and management sovereignty lands which requires board as admi responsibilities of the board and department approval for consent of use. lease. easement. (I regarding sovereignty lands. Responsibility sale or transfer of interest in such State for environmental peraittingoqf activities and 2q;q;q;dgnty lands or materials. Activity and No water quality protection on sovereignty and qindides, but is not limited 10. the lands. 8qd other lands is vested with the Department of goqastructqiqm of docks, piers, boat raMpas board Environmental Regulation. These rules are board walks, mooring pilings, dredging of qStatuqteql considered cumulative; therefore. a person channels, railing, removal of logs, sand. silt, (14) planning an activity should consult other q4 or shell. and qdkc removal or stnqaqcqtqiqlqlqi a able tqic ment rules (Chapter day, grave put PON qp qpi2q" or vegetation on sovereignty lands. 66qt6qglori2qra dministrative Code and (3) Applicant- means any qPcrsqm others) as well as te ruqlesoqf the Department making application for a lease, sale, or other interest of Environmental Regulation. form of conveyance of an interest in grant a (2) These rules are prospective in their sovereignty lands or any other rqm application and shall not a to activities of qtw4craimentaql approval qfor nzqascqutivqItryo Mon 6q=pnqi At n submitted which applications have, sovere4qey lands. 16qr(6) to the department or the Department of (4) Artificial acciviqi0a" means the Environmental Regulation prior to the addition of sand. sediment, or other material ex adoption date of these rules and shall not to riparian lands . caused by main-mailk qby affect previous actions of tqhe board and U which results in dry traqv CHAPTER 166qQ-21 concerning private docks or the issuance or 8q=qfarqmeqd6qryc2q= bqX water. Grim any easement, lease, " any disclaimer (q5) "Artifiqc8qW erosion qmcans the loss or cqlecqtqir4qlqm SOVEREIGNTY SUBMERGED LANDS concerning sovereignty lands. Fee qwashi8qm away of sand. sediment. or other (0q14q7 arrangements in exish leases pan*= jar 0qMANAGqFqAqUqJ'JT are no snateriall (ran A operty Cause= source 1,11varjr 11cfere... Likes: Dist . ngu subject to the fees of this 2qM until expiration Man-made projects and operations IN sqwqeqrqeqi ' _Nn 71will from 14'et Prairies, James R. qBriqndelqt 55 of said [cases unless otherwise specified in the result in bads formerly not creqaqt Fi. Bar qJ. 724 (Dqhvmbrr. 183). lease instrument. qmvd by water qpuqr8qpqe q16Q-21.01 lqaitcaL. The intent and (3q) Docks, piers. and other such (6) means tqhe Ibiqldidq- 40 Or illaqt8qeqg4qi 104qP rpow of this rule is: structures an soverrignt lands in existence loss of riparian property caused by the (0q10q8 64qu q1q) To aid in fulfilling she trust and prior to March 10, 1971 shall be sta4q" to sudden &aid perceptible natural action of water of the provisions of this rule commencing on water. 10overqt fiduciary responsibilities of the Board the cultivation which Trustees of the Internal improvement Trust January 1, q1q"8. Any expansions to such q(7) "qAquaculture" means tic came. Fund for the administration. management structures shall be subject to the provisions of of animal or plant life in an aqua spostion of sovereignty lands; this rule, if any expansion thereto requires cover and d' (2) To insure maximum benefit and use the use of any Additional sovereignty lands. (S) ',Board,, aAnsthe Governor and or IF of sovereignty lands for all the citiens of (4) Docks, piers and other such structures Cabinet sitting as the Board of Trinces of am[ Florida; On sovereignty lands in existence prior to the internal Improvement Trust Fund. offent a" enhance March 10, 1970, and which would a (9)Caaaqw . means a trcn. the rcpA (3) To manage. protect, lly covered catircl Milli lease ant to Section 16 1.0 (b). baitos of which is norms y sovereignty lands so that the public may Florira riAdministrative M1. shall be by water. with the upper edges of ts sides scrvi continue to enjoy traditional uses including, normally below water. of use but not limited to, navigation. fishing and required to r isicr the structures with the (10)To a siai barrier islands" means a such swimming; department More September 30, 1994. (5) Any expansion Of an existing aclivity depositional AOq*qic feature cortaiistqng of (I (4) To manage and provide maximum shall be subject to the provisions of this rule. uliconsoidage6qTsedimenamqy materials in an am protection for all soverci ty lands, Socrifir Authority NAM) FS. Liu' Wand configuration which is subject to direct crest especially those important to puCiC drinking J. 253.03, 253.12, 253.77 FS. attack by wave. tidal, and wind ene s bctw water supply, pknwnted shellfish harvesting, laul?i'c Ifimy-New 3.27-82, A-aded8-1-83.9-4-84. originating from the Atlantic Ocean app, recreation, and fish and wildlife propagation at Mexico. and which serves to protect and and management; 160Q-21.03 Dermitions. When used in landward aquatic habitats. such as bays ancl u (5) To instae that all public and private thew rules, the following shall have the ands of the lands estuaries, and the interior uni activities on sovereignty which indicated meaning unless the context clearly indicates otherwise: forces. a generate revenues or exclude traditional mainland from oceanic wave, ta, and wind nu pu uses provide just compensation for (1) "Accretion" means the process of of use" means a ou hic 01) "Consent (6) Privileges; and, gradual and imperceptible additions of sand. monposmssory interest in sovereignty lands cont To aid in the implementation of the sediment. or other material to riparian lands created by an approval which allows the and State Lands hf analtemciat Plan. made by the natural action of water which S ificAuiharity 253.03(7)FS. Are.X, Sec. 01, applicant the right to erect specific structures an ru. Const. Law Implemented 253.03.25).12 FS. History-New3.27-82. 166-21.03 1984 ANNUAL SUPPLEMENT 172 179 89114 ANNUAL authorizes conduct of certain management sovereignty lands or severance of materials to the relief sought, or such affidavits as may activifin on lands held by the board. from sovereignty lands. the board %hall be required by the department to establish (21) "Marginal dock" means a fixed or consider the ultimate project and purpose to the currency of title status of an applicant. floating structure placed immediately be served by said use, sale. lease, at transfer of (36) "Sovereignty lands" means those contiguous and parallel to an established lands or materials. lands including but not limited to, tidal lands. ceawall, bulkhead or revetment. (2q9) "Public navigation means islands. sand bars. shallow banks. and lands ina (22) "Mean high water" means the an activity primarily for 2qKO `2qP-rqpse of waterward of the ord' or mean high average height of tqhe high tides over a nav ion which is authorized and funded water line, under navigaqUte fresh and sale qi I which the State of Florida 09-year period. For shqmer periods of by 8qEl United States Congress cc by qPon waters. to observation, "mean high water" means Tqhe authorities as defined by Section 315.02(2), squired title an qbof arch 3,1845, by virtue of average height aq[ qOqw high waters after Florida Statutes. statehood, and which have not been corrections are applied to eliminate known (29) "Public utilities" means thaw qheretoqf, d or alienated. Variations and to reduce the result to the services, provided by persons regulated bqy the (37q)2qTSq;8q:q1vh2qT&nd" means any artificially equivalent of a mean q19-year value. Public Service qCoinmissqion, or which are created island having an elevation above water uqpots formerly subqm cd sovereqiqg t (23) "Mean high water line" means the provided by rural cooperatives, Intersection of Ike local elevation of ma lands, ude to which is q:q08q2 in the high water with the short. Mean high a municipalities, or oqheir governmental (38) "Water qdeqpentlent acti I " means water agencies. including electricity, public water line along the share of land immediately and wastewater services, inid structures an activity which can only be COqWn on, ters is recognized necessary for the provision of thew services tn. am, or aqd2q*qmt to water areas because 0qP wa die activity requires direct access to the wager and declared to be die boundary between the and transmission lines for public body or same ply buds for transportationq. qfoeshore owned by the State of Florida in its conmtqaqqion s)aems such as telephone, sovereign capacity and the uplands su" to radio and television. rea eation. energy prod-cum or transmission, or source of water, and where private ownership. Howeve., no provision of (30) "Public water ma e a Project" dw use of the water or sovertipty Issub is an q- this rule shall be deented to impair the title to means an acti *11 p"manirly ltdqintme purpose intqral pan of the activity. privately owned subme . lands validly of flood on= conservation, recreation, A 253. 7) F& Law alienated by the Sim , Florida or Its legal water storge. and hsupa, and allied -New IL6-77, ecenom purposes. hq" is nut and fun" by F4K6*I0W-1201; 64Q- ZOI. Aniiea0q" (24 "Notnination!'means wproposal for the United States Congresk am State of &I-111 an oil and gas lease. Florida, or a-water management districtla (25) 'ipi. Muni-, 9atedars6 m8qA The fellowi minors, partnerships, corporations, jait, (31) "Rievenue gleneratingb fncome M kin. affidcui ventures, custes. trusts, syndicates, Mated activity" means an activity on Me= CNII, walited in Wermining wkqm to Muclarles. ram, and am Other amciallow Mverelfitniv lands which produces income. and combinations. whether public or private, Quwgqr @Dtau or any other mans, or which appame, approw with Aoiaw W iftcludq;na ovenunental Califits. cwm w an accessory facility to other rental, agartcallum. of y all requem Tax a cuiLzz an mnrdpy WAS. (26. preempted area" means the area cT amemercial. ar nduarial opemions. Bt shall (0) Gamd Pmpiea gaty Oands front which the traditional indud, but not be limited to, dv4q&iuQ ff47 (a) VW aval awah, (t. -lu have bma or would be excluded aa marinas. msaaaants. hmels, motels, esuef . cmmffv Day exteta by an activity. The am unay oommercial fishiq. ddpp' I mad bano av L2zm=k so eke 187 ummic smumn, empt 907 Oaks W0mua ismiude, but is nm limited to, the sovereignty A convonmion. Kpaig. an CaLm lands arcupied by the doelks wid eakT 02) acclamadan CT Obaw MMB mtyw Olmctum. eke area between eke daras and mcn the upgand ghweOiw to a q=31didq= 8hmn CT a for amua=ftly ERA me to any Moenng iftsk and Rke area bal, ezed pdw to awan a? 8"IBA q0 4-1 8, wwhn OMW MR3. bawen dw &coo Date dior4qdiqm. W the emdun. MRAtLeau, as Med activity is nuired to bz atoved wntewnud to 03) Riparian thla" mmw okaze avoid dredging or disaurlmom d meaffl_ vights SrmWent to OnvAs hwdeAnG 0qF habitat, a reatimme pinim T the WMd=e ulavi0phoe tfatem as mcaaniacM by M anim we@ that is rmt mpmed68 dredgqlaa ,? WA Commuin OntJ. Mokeqd 6w Lam q=mnaa tvk0l4@ sorqmures diano Bw k 8w coo oFa (34) "Snqle" menna waveyance or GMffzoe nmm. uumsuB a the pnempacd area. wander d title T envereiGnoy can& in fee Telno 8f8tft w pnempt genard UmQ: (27)PuMic Enterese" ffnea Ile b7 ORM bwl 0q4 TOF =Rddq=2iG2- um. hn-wh mdobfies DUA Omae askir demmurahk emiTomimatal, M-d8a. MA 9s) "Safisfactoy evqi= GT aloe" nfimyl V tu emmtomic LParvoo which tvaugd m to the =am a wuveaa dole insur ln n ffmm hAB mi no. bya lide 6wulrance COME nizd to (d)AcmaivAi am mereianay Ba Do Public at large as a MBWI d a FVPZ ypeatky Teqme 16Q-21.03 1984 ANNUAL SUPPLEMENT 180 (c)The department of environmental regulation biological assessments and reports by other agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use sovereignty lands. Any such reports sent to the department in a timely manner shall be considered. (d) Activities shall be designed to minimize or eliminate any cutting, removal, or destructionof wetland vegetation(as listed in rule 17-4.02(17).Florida administrative code) on sovereignty lands. (e)reclamation activiteis on sovereignty lands shall be aproved only if avulsion or artificial eroisoin is affirmatively demonstrated. Other acitvities involving hte placement of fill material below the ordinary high water line or mean high water line shall not be approved unless it is necessary to provide shoreline stabilazation, access to navigable water, or for public water management projects. (f) To the maximum extent possible, shorline stabilization by the establishment of appropriate native wetland vegetation. Rip-rap materials, pervious interlocking brick systems, filter mats, and other similar stabilization methods should be utilized in lieu of vertical seawalls whererver feasible.(g) Severance of materials for the primary purpose of materials for the primary purpose of providing upland fill shall not be approved unless no other reasonable source of materials is abailable or the activity is determined to be in the public interest. (i) Activities on soverignty lands shall be designed to minimize or eliminate adverse inpacts on fish and wildlife habitat. Special attention and consideration shall be given to endangered an dthretened species habitat. (j) To the maximun extent feasible, and beach compatible dredge materials shall be placed on beaches or within the nearshores sand syatem. (k) Oil gas drilling leases on state owned submerged lands shall be approved only when the proposed lease area is at least one mile seaward of the outer coastline of Florida as defined in United States v. Florida, 425 U.S. 791, 481.Ed. 2d 380, 96 S. ct 1840, upon adequate demonstration that the proposed acitviity is in the public interest, that the impact upon aquatic resouces has been throughly considered, and that every effort has been made to minimize potential adverse impacts upon suport and commercial fishing, navigation, and national security. Drilling leases may be issued in the prohibited area if said lease stipulates that any drilling shall be conducted from outside said area. (3) Riparian Rights (a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the traditional, common law riparian rights of upland property owners adjacent to sovereignty lands. (b) Applications for activities on sovereignty lands riparian to upland can only be made by and approved for the upland riparian owner, their legally authorized agent, or person wioth sufficient title interest in uplands for the intended purpose. (c) All structures and other acitvities must be within the riparian rights area of the applicant and must be designed in a manner that will not restrict or otherwise infringe upon the piarian rights of adjacent upland riparian owners. (d) All structures and other activities must be set back a minimum of 25 feet from the applicants riparian rights line. Marginal docks may be no exceptions to the set backs unless teh applicansts shorline frontage is less than 65 feet or a sworn affidavit of no objection is obtained from the affected adjacent upland riparian owner, or the proposed structure is a subaqueous utility line. Specific Authority 253.03(7) FS Law implemented 253.03,253.12,253.14,253.47,253.67-75 FS. History-New 3-27-82, amended 8-1-83. 16Q-21.05 Procedures. (1) All activities on sovereignty lands shall require a lease, casement, consent of use, or other form of approval. The following shall be used ot determine the form of approval required: (a) Consent of Use-is required for the following activities, provided that any such activity not located in an Aquatic Preserve or Manatee Sanctuary and which is exempt from Department of Environmental Regulation permitting requirements under Section 403.813(2) (a),(b),(c),(d),(e),(g),(h),(i), and (k). Florida Statutes, is hearby exempted form any requirematn to make application for consent of use, and such consent is herein granted by the board: 1. A single dock or access channel which si no more than the minimum length and size necessary to provide reasonable access to navigable water; 2. Docks, access channels, boat ramps, or other activities which preempt no more than 1,000 square feet of sovereignty land area for each 100 linear feet of shoreline on hte applicatns ownership(see "preempted area" definition rule 16Q-21.03(25), Florida Administrative Code). Proportional increases in the 1,000 square foot threshhold can be added for fracional shoreline increments over 100 linear feet; 3. Marginal docks and mooring philings along an existing seawallk, bulkhead or revetmetn; 4. Replacement or construcion of bulkheads of the line of mean high water; 5. Placement of Riprap at or wihtin ten feet waterward of the line of mean high water; 6. Dredging or other removal of sovereignty materials; 7. Renourishment of publicly owned beaches; and 8. Atificial reefs for public use. (b) Lease-is required for: 1. Docks, boat ramps , or other such activities which are larger than those which can be approved under consent of use (Section 16Q-21.05(1)(a), Florida Administrative Code);2. All revenue generating/income related activities;3.Grandfather structures upon sale, reassignment or other form of conveyance or transfer;4. Existing licenses upon the date of expiration or renewal. 6. Oil and gas exploration and develop- ment; and 7. Deas shell and other mining. (c) Easement-is required for; 1. Utility crossings and rights of way; 2. Road and bridge corssings and rights of way;3. Groins, breakwaters, and other such shoreline protecion structures; 4. Public navigation project channels; 5. Oil, gas and other pipelines; 6. Spoil disposal sites; 7. Canals, channels,and other public water management structures. (d) Management Agreement - is required for; 1. Mangagement and protection activities which do not requre title interest in state lands. Such activities may include, but are not limited to , endangered species, rookery, preserve,or sanctuary proteciton, and management of educational, recreational, or scientific study areas. (e) Grandfather structure registration- is required for: 1. Docks, piers and other such structures on sovereignty lands in existance prior to March 10.1970 which do not now have a lease but would require a lease purauant ot Section 16Q-21.05(1) (b), Florida Administrative Code. 2. Docks, piers and other such structures which were approved by the Board or department between March 10.1970 March 27.1982 which would now require a lease pursuant to Seciton 16Q-21.05(1)(b), Florida Administrative Code. (2) All requests for purchases, disclamers, and quitclaims of sovereignty lands shall be processed in accordance with Rules 16Q-21.13, 16Q21.14, and 16Q-21.15, Florida Administrative Code respectively. (3) All rquests for sales, excanges, leses, and private bidge or road casements on sovereignty lands shall be processed in accordance with the notice and hearing requirements of Section 253.03,177.27 FS. History-New 9-26-77, Formerly 16c-12.01, 16Q-17.01 Amended 3-27-82, 8-1-83. 16Q-21.06 Applicaions-General Information. (1) Most activities on soverignty lands will also require a permit from the Department of Environmental Regulaion. Much of the information required for applicaions under this rule has been intentionally designed ot be indentcal to informaiton required for the Department of Environmental Regulation permit applicaions.Therefore,if a Department of Environmental Regulaion permit is also required, a copy of the applicaiton on file with the Department of Environmental Regulation will satisfy many of the information items required by this rule. Specific Authority 253.03(7) FS Law Implemented 253.03 FS HIstory-New 3-27-82. 16Q-21.08 1984 ANNUAL SUPPLEMENT 182 16Q921.07 Applications for consent of use. (1) Applicaions for consent of use shall include the following;(a) Name address and telephone number of applicant and applicants suthorized agent, if applicable; (b) Location of the proposed activity including: county; section; township and vicinty map, jperfreably a reproduction of the appropriate portion of United States Geological Survey fquadrangle map;(c) Satisfactory evidence of title in subject riparian upland property of demonstration of sufficient title interest in uplands for the intnded purpose;(d) A detailed statement of the proposed acitivity; (e) Multiple boat slip facilities may require an affidavit certifying that the facility willnot be a revenue generating/income produckin facility; (f) Two copies of a dimensioned site plan drawing(s) with the following requirements: 1. utilizing an approximate waters edge: 2. showing the location of the proposed structures and any existing structures:5. showing the applicants upland peroal property lines; and 6. showing the primary navigation channels or direction to the center of the affected waterbody. (g) if dredging is proposed, and estimate of the number of cubic yards of sovereignty materials to be recoverd showing how the amount was calculated. Specific Authority 253.03(7) FS Law Implemented 253.03,253.12,253.77 FS. History-New 3-27-82. 16Q-21.83 Applications for Lease. Aplication for leases are divided into four categories. All leases, except aquaculture, oil and gas, and dead shell mining, are handled under the standard lese provisions. (1) Standard Lease (2) Applicaion for standard leases shall include the following: 1. Name, address and telephone number of applicant and applicants suthorized agent, if applicable. 2. Location of the proposed acitivity including; county, section, township and the affcted waterbody; and a vicinity map, preferably a reproduction of the appropriat portion of United States Geological Survey quadrangle map. 3. Satisfactory evidence of title in applicants irparian upland property. 4. Two prints of a survey prepared, signed, and sealed bya person properly licensed by the Florida State Board of Land Surveyors with the following requirements; i. utilizing an appropriate scale on 8 1/2" X 11" size paper (unless a larger size is necessary to provide sufficient clarity and detail);ii. showing the line of ordinary or mean high water; iii. showing the location of the shoreline vegetation,if existing;iv. showing the location of the proposed structures and any existing structires; v. showing the primary navigaion channels or direction to the center of the effected waterbody;and vii. including a legal description of preempted area to be leased(see definition, Rule 16Q-21.03(25), Florida Administrative Code).5. A list of names and addresses of all property owners within a 1,000 feet radius of the proposed lease area, verified by the County Property Appraiser's office, that these maures came from the latest tax assesment rolls. The names and addresses shall be clearly typed and acceptalbe to the department, preferably on lavels suitable for mailing. 6. Current local zoning and status of any local governamnt approvals necessary for activities. 7. Florida Department of Revenue registration number.Leases without sales tax exemption certificate shall be subject to the Florida State sales tax. 8. A $200.00 non-refundable processing fee. 9. Compation of lease fee including thet total square footage of preempted sovereignty land to be leased(see Rule 16Q-21.11(1)and defination, Rule 16Q-21.03(25), Florida Adminis- trative code). 10. If dredging is proposed, and estimate of the number of cubic yards of sovereignty materials to be removed showing how the amount was calculated. (b) Terms and conditions shall include but not limited ot the following; 1. Initial payment of annual lease feas shall be made within 90 days of lease approval by the Board. A validated lease will be trans- mittted to the applicant upon receipt of initial payment and acknowledgement of issuance of the Department fo Environmental Regulation permit, where applicable. 2. Leases shal be from a term of up to 25 years and renewable at the option of the board. Leases shall include providions for lease fee adjustment provisions for lease fee adjustments and payments annually. 3.All leases shall be assignable, in whole or in part, upon the approval of the board. Non-compliance with any terms of an executed lease may be grounds for cancellation of the lease. 4. Upon expriation or coancellation of a lease, the lease shall remove all structures and equipment from the leased area within 180 days after such expriation or cancellation, at the option of the board. If the lease fails to remove the structures and equipment theron, the board shall st its option and after 10 days from receipt of written notice by certified mail to the lease, have the structures and equipment removed at the expense of the lease. (2) Applications for aquaculture leases shall include the following; 1. Name and address of the applicant; 2. Legal description and acreage of the parael sought; 3. Two prints of a survey of the parael sought prepaired, singed, and sealed by a person properly licensed by the Florida State Board of Land Surveyors as an agent of hte federal government acceptable to the department; 4. Description of the aquaculture activities to be conducted, including whatever such activies ar to be experimental or commercial, and as assessment of the current capability of the applicant to conduct such activities; 5. Statement evidencing that the lease is in the public interest; 6. Names and addresses, as shown on hte latest county tax assesment roll, of each owner of property lying within 1,000 feet of the parael sought on the ecology of the area; and 8. A &200 non-refundable processing fee. (b) If the board determines to lease the parcel sought, the lease shall be by competitive bid. The department shall cause notice of such lease to be published in a newspaper in the county in which the parcel is situatetd once a week for four consecutive weeks. A copy of the notice shall also be sent to the county commission. Such notice shall contain the following; 1. Legal description and acreage of parcel sought; 2. Terms of the lease acceptable to the board; 3. Deadlline, time, and date, for the receipt of all bids; 4. Address to which all bids shall be sent; and 5. The date, time, and place of the opening bids. (c) Competitive bids for aquaculture leases shall be written offers of a cash consideration which shall include the advertised fee for the first lease year, the amount offered above such fee for said first year being a competitive bid. The cash consideration offered shall accompany the written offer and shall be returned to the unsuccessful bidders either upon award of the lease or upon rejection of all bids. (d) A lease shall not be approved by the board when a resolution of objection, adopted by a majority of the county commissioners of the county in which the parcel sought in situated, has been filed with the department within 30 days of the date of first publication of the notice of lease. (e) A lease shall not be apprived ofr a pannel larger than the applicant can utilize efficently; however, the board may reserve a reasonable amountof submerged land adjacent to a parcel under experimental lease for th lease when beginning operation under a commercial lease. (f) Each lease shall contain the following; 1. Ther term of the lease which shall not excede 10 years; 2. the amountof fee per acre leased to be paid on or before January 1 each year which shall take form of; i. Fixed fee to be pain throughout the term of the lease plus royalties based upon the productivity of the aquacultrue after the first year; 3. The dieposion to be made of all improvements and animal and plant life upon the termanation or cancellation of the lease. 4. The right to asigment, in whole or in part, upon the approval of the board. (g) Failure to perform all aquacultuire activities for which the granted 16Q-21.09 1984 annual supplement 184 shall be grounds for cancellation of the lease Section 253.512, Florida statutes. and forfeiture to the state of florida of all the (4) dead shell lease work, improvements, animal and plant life in applications for leases to remove dead and upon the parcel leased. in addition, a shells shall be submitted to and processed by surely bond is required. the devision of marine resources of the (b) the parcel leased shall be indentified, department. the issuance of all such leases well marked, and shall have, except when it is subject to approval by the board. will interfere with the development of the specific authority 253.03(7), 253.73 fs law animal and plant life being cultivated by the implemented 253.03, 253.12, 253.115,253.47, lessee, reasonable public access for boating, 253.67-75, 370.16 fs. history-new swimming, and fishing. all limitations on the 12-20-78, formerly 16c-12.14, 16q-14.14 public use of the parcel leased as set forth in amended 3-27-82, 8-1-83. the lease shall be clearly posted in conspicuous places by the lessee. each parcell 16q-21.081 applications for leased shall be marked in compliance with grandfather structure registration. the rules and regulations of the department, (1) applications for grandfater U.S. coast guard, and U.S. army corps of structure registration shall include the engineers. following. (3). oil and gas lease (a) name, address and telephone number (a) applications for nominations for the of applicant and applicant's authorized lease of sovereignty lands in which the state agent, if applicable of florida holds an interest in the petroleum (b) location of the proposed activity or petroleum products shall include the including: county; section, township and 1. name and address of the applicant or range; affected waterbody; and a vicinity nominee; map, preferably a reproduction of the 2. legal description of the parcel sought appropriate portion of united states including the surface acreage; this geological survey quadrangle map. description may utilize the submerged land (c) satisfactory evidence of title in blocks approved by the board on march 17, applicant's riparian upland property. 1981; (d) two copies of a dimensioned site plan 3. identification of the state agency vested drawing(s) with the following requirements; with the ownership of the petroleum 1. utilizing and appropriate scale on products; 8 1/2" x 11" size paper; 4. percentage of the petroleum interests 2. showing the approximate waters edge; held by the state; 3. showing the location of the 5. identification of any ,municipal grandfathered structures; corporation in which all or part of the parcel 4. showing the applicant's upland parcel sought is located or within 10 miles thereof; property lines; 6. identification of any improved beach (e) dated aerial photography, previously outside a municipal corporation or lands in issued permits or authorizations, or other the tidal waters of the state of florida satisfactory information which verifies that abutting on or immediately adjacent to any the structures qualify as grandfathered improved beach in which or part of the parcel (f) a $200.00 non-refundable processing sought is located or within 3 miles thereof; and registration fee. and specific authority 253.09 (7) fs. law 7. a $200 non-refundable processing fee. implemented 253.03, 253.71 fs. history- new (b) competitive bids for oil and gas leases 8-1-83. shall be written offers of cash consideration 16q-21.09 applications for public including the advertised fee for the first lease easement. year, the amount offered above said fee being (1) applications for easements across the competitive bid. the cash consideration sovereignty land for public purposes such as offered shall accompany the written offer by utilities, bridges, and roads, shall include the certified or cashier's check made payable to following: the department and shall be returned to the (a) name, address, and telephone unsucessful bidder upon award of the lease number of applicant and applicant;s or upon rejection of any and all bids. all bids authorized agent; must contain a certified statement as to the (b) location of the proposed activity bidder's state lease holdings pursuant to including: county; section, township and 16Q-21.11 1984 annual supplement 186 187 1984 annual supplement 19Q-21.13 amount was calculated; (k) if the application is for an easement of granted. the assessment calculated under 2., computed approved when: right-of-way for private access from a public (f) the rate charged for individual leases at a rate of 12%. such rate shall be adjusted 1. the materials are being placed on road to lands of the applicant, proof of shall be adjusted annually based upon the annually to a rate equal to the two percentage public property and used for public purposes approval from the agency having jurisdiction average increase in the consumer price points above the federal reserve bank or over the public road; and, index-all items for the previous five years discount rate to member banks. 2. it is affirmatively demonstrated that the (l) payment for the value of the easement with a 10% cap. (m) any grandfather structures which severed dredge material has no economic in the amount stated on ap appraisal (g) a rate of two times the existing rate are not registered according to this rule shall value. performend by an independent appraisal firm shall be applied to aquatic preserve leases lose any grandfathered rights. specific authority 253.03(7) FS law contracted by the applicant and approved by where 75% or more of the subject lease (n) any grandfathered structures which implemented 253.03, 253.71 FS history-new the department. shoreline and the adjacent 1,000 feet on both are not registered according to this rule shall 3-27-82, amended 5-18-82, 8-1-83, 9-4-84 (2) applications shall be granted upon sides of the lease area is in a natural be considered a prior unauthorized use as 16Q-21.12 spoil islands. such terms and conditions, including unbulkheaded, nonseawalled or September 30, 1984 and may be treated (1) no spoil islands shall be developed payment of the value of the easement, if any, nonriprapped condition. a rate of up to three according to the provisions of rule except upon a clear showing that the that the board sees fit. If required by the times the base rate may be used in class 1 or 2 16Q-21.11. florida administrative code. development is in the public interest and board, full payment shall be made within 90 resource protection areas as designated in (O) The board may, at its discretion, hardship would result if the development was days after receipt of notification that the an aquatic preserve management plan consider equities and particular not authorized. easement has been granted by the board or adopted by the board. circumstances on a case by case basis to (2) Proposals for public development of the granting of the easement shall be invalid. (h) nonwater dependent uses shall be determin whether an adjustment of the spoil islands may be authorized after (3) all easements across sovereignty assessed a fee that is ten times the appropriate assessment provisions set forth in (1)above comments have been solicited and received lands shall be subject to reverter upon failure base rate or fee calculated by multiplying would be warranted and my increase or from the appropriate public agencies of the applicant to use the parcels sought as the square footage of the preempted area lower the assessment accordingly. determining that the public interest would be proposed in the applications. times the appraised per square foot value of (2) Private Easements served by the development. (4) the terms of all the easements shall be the unimproved adjacent upland property (a) The fee for private easements shall be (3) Unauthorized structures that have limited to a reasonable period of time related times ten per cent, whichever is greater. the determined by an appraisal obtained by the been constructed on spoil island shall be to the life of the proposed project or fees shall be adjusted annually pursuant to applicant. The appraiser must be selected removed. The procedure for removal shall be amortization of the improvements. either 16Q-21.11 (1)(d) or the revised annual from the division's approved list of appraisers as follows: specific, authority 253.03(7) fs law assessed value as appropriate and the appraisal must be reviewed and (a) The individual claiming a possessory implemented 253.03, 253.12 fs. history-new grandfathered nonwater dependent uses approved by the division. interest in any structure shall be served notice 12-20-78, formerly 16c-12.10 and 16Q-17.10, shall be treated as water dependent uses (b)In addition to standard appraisal by certified mail that he is trespassing and revised 3-27-82 when grandfather status is lost for any requirements and procedures, the following that he must remove the structure within 120 16q-21.11 payments and fees for reason. factors shall be considered in determiningg the days of receipt of the notice. standard leases, easements, and severed (i) there shall be a minimum annual fee easement fee. (b) If the individual fails or refuses to dredge materials. of 8225.00. 1. the extent to which the easement is remove the structure within 120 days of (1) standard leases (j) waivers, partial waivers, or exclusions exclusionary; i.e.,the degree to which the receipt of the notice,the board shall have the (a) the annual lease fee shall be from payment of the lease fees for proposed assessment precludes, in whole or in structure removed at the individual's computed ata base rate of per square government, research, educational or part, traditional or future public uses of the expense. feet. charitable orgainzations may be granted by easement area or other submerged land; and (c) If the individual cannot be located, (b) there shall be a discount of 30 percent the board in the event that the proposed uses 2. the enhanced property value or profit notice of trepass and intent to remove the per square feet per year for all leases that are are in the public interest. gained by the applicant if the proposed structure shall be posted on the structure for open to the public on a first come, first served (k) if a facility occupies sovereign easement is approved. 120 days prior to removal. basis. marinas constructed in conjunction submerged lands portions of which are 3.Severed Dredge Materials (4)Continuing human habitation of any with owner occupied multi-family essempted from payment by virtue of (a)When an activity involves the removal spoil islands is prohbited. residential buildings, shall be considered grandfathered status and portions of which of sovereignty materials to upland property Specific Authority 253.03(7) FS. Law open to the public on a first come, first serve are leased, and grandfathered status is lost, by dredging or any other means, payment per Implemented 253.03,253.115 FS. History-New basis if no less than 50 percent of its the lease fee and rate schedule for the entire cubic yard of material shall be as follows: 9-26-77, Formerly 16Q-12.05 and 16Q-17.05, are made available to the general public on a property shall be the appropriate base rate at 1. Monroe County $3.25 Revised 3-27-82. rental basis. the time the rrnegetiated lease is executed. 2. Bay, Brevard, Broward, (c) an additional of the lease fee after-the-fact lease applications. the Charlotte, Collier, Dade, Duval, 16Q-21.13 Applications to Purchase shall be charged for the first annual fee on all minimum assessment for such applications Escambia, Lee, Manatee, Palm Lands Riparian to Uplands. leases. shall include: Beach, Pasco, Pinellas and (1) Applications to purchase land (d) the per square feet base rate shall be 1. payment of retroective lease fees; Sarasota Counties $2.25 riparian to uplands may be made by the revised march 1 of each year and increased or 2. payment of an assessment computed as 3. All other counties $1.25 riparian owners only. The board reserves the decreased based on the consumer price the number of square feet in the lease area 4. Minimum payment $50.00 right to reject any and all such applications. index-all items pursuant to paragraph (1) times the lease fee per square foot at the time (b) These payments shall not be used for The following shall be included in each below. construction was commenced times ten; and, dead shell and mining leases which will be application: (e) the rate for all new leases shall be 3. payment of an additional annual subject to individual royalty or other (a) Name and address of the applicant; determined according to the appropriate base percentage on retroactive lease fees and compensation payments. (b) Two prints of a survey prepared, schedule for the year in which the lease is (c) A waiver of the severed dredge signed, and sealed by a person properly material payment may be requested and licensed by the State of Florida Board of 16Q-21.13 1984 ANNUAL SUPPLEMENT 108 109 1984 ANNUAL SUPPLEMENT 16Q-21.16 Land Surveyors or and agent of the federal before June 11, 1957 are addressed in Rules 3. U. S. Government Land Office water line prior to filling; government approved by the department 16Q-21.14 and 16Q-21.15, Florida meander line; and 3. U. S. Government Land Office clearly showing: Administrative Code), the board, by law 4. traverse of fill, showing the location of Meander line; and 1. the boundaries of the parcel sought; may: the former mean high water line, which is 4. traverse of fill, showing the location of 2. land tie referenced, by ground survey (a) Direct the fill be removed by or at the properly riparian to the applicant's uplands. the former mean high water line, which is to an established accessible section corner, expense of the applicant: with a land tie to an established accessible properly riparian to the applicant's upland subsection corner,other U.S. Government (b) Direct the fill remain as state-owned section corner, subsection corner,other U. S. ownership, with a tie to an established Land Office survey corner, or other and have it surveyed at the expense of the Government Land Office Survey corner, or accessible section corner, subsection corner, controlling corner(s); applicant; or other controlling corner(s); other U. S. Government Land Office survey 3. boundary lines of the applicant's (c) Sell the filled lands. The following . (c) Five maps, no larger than 81/2" X 14" corner, or other controlling corner(s); adjacent uplands; sale prices shall be recommended by the . in size, showing the location of the parcel (c) Five maps, no larger than 8 1/2" X 14" 4. existing mean high water line, department to the board; . sought. The maps need not be certified; in size, showing the location of the parcel surveyed and approved in accordance with 1. One and on-half times the present . (d) Legal description and acreage of the sought. The maps need not be certified Chapter 177, Part ii, Florida Statutes, appraised value of the lands excluding . filled parcel; (d) Legal description and acreage of the between the applicant's uplands and the building improvements if the unauthorized . (e) Aerial photograph showing the date of filled parcel; parcel sought extending 1,000 feet from both filling was done by the applicant's . flight, if available, evidencing the date of (e) Aerial photograph showing the date of sides of the parcel; predecessor in title between June 11, 1957 . filling; flight, if available, and showing the land as it 5. U. S. Government Land Office and July 14, 1967. . (f)Satisfactory evidence of title in the existed prior to and after the filling; meander line. 2. Two times the present appraised value . applicant ot the riparian uplands to the mean (f) Satisfactory evidence of title in the (c) Five maps,no larger than 8 1/2"X14" of the lands excluding building . high water line as it existed prior to filling; applicant to the reparian uplands; in size, showing the location of the parcel improvements if the unauthorized filling was . (g) Two affidavits executed by (g) Two affidavits executed by sought for purchase. These maps need not be done by the applicant's predecessor in title . disinterested parties evivencing the date, as disinterested parties evidencing the date, as certified; after July 14, 1967. . accurately as possible from personal accurately as possible from personal (d) Legal description and acreage of the 3. Three times the presnet appraised . knowledge, when the filling of the parcel knowledge, of commencement and filled parcel. value of the lands excluding building . sought was completed; completion of the fill; (e) Aerial photograph showing the date of improvements if the uauthorized filling was . (h) Copy of the U.S. Army Corps of (h) Copy of a U.S. Army Corps of flight, if available, with the parcel sought done by the applicant after June 11, 1957. . Engineers permit issued prior to May 29, Engineers permit issued after May 29, 1951, identified thereon; 4. Full payment for the deed shall be . 1951 (june 11, 1957 in Dade and Palm but prior to June 11, 1957, authorizing the (f) One copy of the recorded subdivision made within 90 days after notification of . Beach Counties) authorizing the fill, if fill, if applicable; and, plat with any dedication data, if the confirmation of the sale by the board or the . applicable; and (i) A non-refundable processing fee of applicant's uplands are part of the sale shall be invalid. . (i) A non-refundable processing fee of $200 shall accompany each application, subdivision; Specific Authority 253.03, 253.12, 370.021 FS. . $200 shall accompany each application, except for application from state agencies. (g) Satisfactory evidence of title in the Law Implemented 253.115, 253.12 FS. History-- . except for applications from state agencies. (2) The consideration for the parcel applicant to the riparian uplands; New 9-26-77, Formerly 16C-12.04 and . Specific Authority 253.03(7) FS. Law sought shall be the appraised value of the (h) Statement of the applicant's proposed . Implemented 253.12, 253.129 FS. History--New parcel in its unfilled state prior to June 11, use of the parcel sought; 16Q-21.14 Disclaimers to Confirm . 9-26-77, Formerly 16C-12.06 and 16Q-17.06 1957. The appraisal of the parcel shall be (i) Statement evidencing that the sale of Title to Filled Formerly Sovereignty . revised 9-27-82 made within 3 months after the date of the parcel is in the public interest; Lands. . 16Q-21.15 Quitclaims to Clear Title to application by an appraiser with (j) Names and addresses, as shown on the (1) Applications for disclaimers to . Filled Formerly Sovereignty Lands. designations acceptable to the department. latest county tax assessment roll, of all confirm title of formerly sovereignty lands . (1) Applications for quitclaim deeds to (3) Full payment for the deed shall be owners of land lying within 1,000 feet of the filled prior to May 29, 1951 (prior to June . clear title to sovereignty lands filled after made within 90 days after notification of parcel sought, certified by the county 11, 1957 in Dade and Palm Beach Counties), . May 29, 1951, but prior to June 11, 1957 confirmation of the conveyance by the board apraiser; and or subsequent to these dates under authority . (except in Dade and Palm Beach Counties) or the conveyance shall be invalid. (k) An appraisal of the current market of a U. S. Army Corps of Engineers permit . or subsequent to these dates under authority Specific Authority 253.03(7) FS. Law value of the parcel sought made within 3 issued prior to these dates, must be supported . of a U. S. Army Corps of Engineers permit Implemented 253.12 FS. History--New 9-26-77, months after the date of application by an by documentary evidence acceptable to the . issued prior to these dates, must be supported Formerly 16C-12.07 and 16Q-17.07, Revised appraiser with designations acceptable to the department including the following; . by documentary evidence acceptable to the 3-27-82. department. (a) Name and address of the applicant; . department and including the following: 16Q-21.16 Applications to Reclaim (1) A non-refundable processing fee of (b) Two prints of a survey prepared, . (a) Name and address of the applicant: Lands Lost Due to Avulsion or Artificial $200 shall accompany each application, signed, and sealed by a person properly . (b) Two prints of a survey prepared, Erosion. except for applications from state agencies. licensed by the Florida State Board of Land . signed, and sealed by a person properly (1) Applications to reclaim lost lands as (2) If the parcel sought is located in Surveyors or an agent of the Federal . licensed by the Florida State Board of Land defined in Section 253.124(8), Florida Pinellas or Sarasota County, the applicant government acceptable to department clearly . Surveyors or an agent of the federal Statutes, may be sumitted only by the shall simultaneously file and application with showing. . government acceptable to the department riparian upland owner or the legally the respective water and navigation control 1. present mean high waterline, surveyed . clearly showing: authorized agent thereof. authority having jurisdiction over the parcel. and approved in accordance with Cahpter . 1. present mean high water line surveyed (2) Applications to reclaim lands lost due (3) When state-owned submerged lands 177, Part ii, Florida Statutes; . and approved in accordance with Chapter to avulsion or artificial erosion shall include have been filled without authority after June 2. applicant's ownership to the former . 177, Part II, Florida Statutes; the following: 11, 1957(state-owned submerged lands filled mean high water line shown or indicated; . 2. applicant's ownership to the mean high (a) Name and address of applicant; 16Q-22.02 1984 ANNUAL SUPPLEMENT 190 (b) Satisfactory evidence of title in the applicant to the exising upland, such as: 1. current title insurance policy issued by a title insurance company authorized to do business in Florida; or 2. opinion of title prepared by a member of the Florida Bar; or 3. affidavit of ownership; (c) A survey prepared, signed, and sealed by a registered land surveyor showing the applicant's upland, U.S. Meander survey line, the approximate original mean high water line and the exisitng approximate mean high water line, and a traverse showing the location of the former mena high water line which is properly riparian to the applicant's uplands with a lnad tie to an established reference point; (d) Legal description as shown by original survey which shall include the area to be reclaimed; (e) Copy of a recorded subdivision plat showing the original recorded shoreline if the applicant's upland is part of a subdivision, or a copy of a map taken from a R.E.D.I. Real Estate Atlas map showing ownership lines and shorelines; (f) Statement of proposed methods of reclaiming the subject lost lands, if not indicated in an attached Department of Environmental Regulation permit application; (g) Two affidavits executed by disinterested parties evidencing the manner, as accurately as possible from personal knowledge, that the loss of land occurred by avulsion (storm, hurricanes), artificial erosion (caused by the emplacement of bulkheads, jetties and other structures), dredging, or artificial land cutting of uplands; and (h) Accurate aerial photographs showing the date of flight evidencing the location and configuration of the original shoreline before and after avulsion or artificial erosion. Suggested sources; local tax assessor's office, local offices of the State Department of Tranportation and Agriculture and Consumer Services, and local offices of the U.S. Army Corps of Engineers. Specific Authority 253.03(7) FS. Law Implemented 253.03, 253.12 FS. History--New 3-27-82. CHAPTER 16Q-22 SPOIL SITE ACQUISITION AND IMPROVEMENT 16Q-22.01 General. (1) The Florida Legislature, through passage of Chapter 81-228, Laws of Florida, has determined that it is essential to preserve and maintain authorized water depth in the existing navigation channels, port harbors,turning basins, and harbor berths of this State in order to provide for continued safe navigation of deep water shipping commerce. The Legislature further provided for the development of environmetnal standards and other requirements for maintenace dredging, the issuance of maintenance dredging permits for periods up to 25 years and for teh acquisition of, and improvements to, spoil disposal sites. (2) The Department of Natural Resources is required to establish a priority acquisiton and improvement program for spoil disposal sites to be acquired using funds from the Florida Coastal Proteciton Trust Fund. (3) The Board of Trustees of the Internal Improvement Trust Fund is authorized to make expenditures from the Fund for the acquisition and improvement of spoil disposla sites. (4) This rule sets forth procedures and considerations for the prioritization and acquisiton of spoil disposal sites and improvements to existing and future sites. Specific Authority 253.03(7) FS. Law Implemented 376.11(3) FS. History--New 3-7-84. 16Q-22.02 Intent. (1) The intent of Chapter 81-228 is to facilitate maintenance dredging in Florida waters used for deep waters shipping commerce. It is therefore the intent of the Department that highest priority be given to the exquisition or improvement of spoil disposal sites serving the maintenance dredging needs of Flordia's parts, including, but not limited to, the parts of St. Petersburg Bayboro Harbor, Jacksonville, Port Canaveral, Ft Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, Port st. Joe, Tampa, Panama City, and Pensacola. (2) It is further the intent to: (a) Aid in fulfilling the trust and fiduciary responsiblilities of the Board of Trustees of the Internal Improvement Trust Fund for the administration,mangement and disposition of State-owned lands; (b) Implement the administrative management responsibilities of the Board and Department regarding the establishment of a priorit acquisition and improvement program for spoil disposla sites; (c) Aid in continuing the viability of Florida's deep water ports in an enviromentally sound manner; (d) Insure maximum benefit and use of spoil disposal sites; (e) Establish a program and procedures for the equitable distribution of disposal site acquisiton and improvement funds; (f) Establish a selection advisory committee and criteria for evaluating and prioritzing disposal site acquisiton and improvement projects; (g) Encourage and enhance long term management and use of disposal sites, including perpetual management; (h) Aid in the implementation of the State Lands Management Plan, and other State enviormental and land management programs and (i) Implementfully the specific provisions of Chapter 81-228, Laws of Florida, regarding disposal site acquisition and improvement. Specific Authority 253.03(7) FS. Law Implemented 376.11(3). FS History-New 3-7-84. 16Q-22.03 Definitions. (1) "Advisory Committee" shall mean the Advisory Committee as set forth in Rule 16Q-22.06 of this chapter. (2) "Board" shall mean the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund. (3) "Department " shall mean the State of Florida Department of Natural Resources. (4) "Eligible Projects" shall mean acquisities of or improvements to existing or future disposal sites for the parts of St. Petersburg Bayboro Harbor, Jacksonville, Port Caraveral, Ft. Pierce, Palm Beach, Port Everglades, Miami, Port Manatee, Port St. Joe, Tampa, Panama City, Pensacola and other navigable waters of the State. (5) "Disposal Site" shall mean the site upon which spoil material produced from maintenance dredging within ports and other navigable waters is to be deposited. (6) "Disposal Site Improvement" shall mean any improvement to a disposal site designed to facilitate the management of dredged material produced from maintenance dredging within ports and other navigable waters. Specific Authority 253.03(7) FS. Law Implemented 376.11(3) FS History--New 3-7-84. 16Q-22.04 Eligible Project Selection Criteria. (1) In developing the priority list of eligible projects for submission to the Board, the Department shall take into account all written recommendations received from the Department of Enviormantal Regualation and those ports specified in Section 376.11(3), F.S. The Department may also consdier the recommendations of the Advisory Committee established pursuant to Rule 16Q-22.06 and any comments received during public hearings. (2) The following factors shall be considered: (a) Each applicant's demonstrated need for disposal sites relative to proposals from other applicants, including, but not limited to, the following: 1. Critical or emergency disposal needs which may exist; 2. Potential loss of the proposal disposal site to competing uses if the site is not acquired; 3. Whether the proposed acquisition or improvement is needed in support of a maintenance dreging permit from the Department of Environmetal Regulation; 4. The degree to which the volume and frequency of maintenance dredging creates disposal problems; 5. Historical volumes of maintenance dredged material and frequency of dredging relative to other applicants; 6. The extent to which the proposed acquisition or improvement provided a permanent solution to, or satisfies a signaificant portion of, the applicant's existing and projected disposal site needs. (b) Permit requirements of Chapters 403 and 253, FS., including: 1. Whether the eligible project has received all necessary permits or easements, or other conscent of use; or 2. Whether the eligible project can reasonably be expected to be permittable pursuant to Chapters 403 and 253, F.S. (c) The degree to which the need for maintenance dredging presents problems associated with movement of petroleum and other polluant hazards, including: 1. Shoaling and other conditions related to channel maintenance; 2. Documented occurrences of groundings, spills, and other pollution events related to channel maintenance; 3. Whether volumes of petroleum and 0 1904 ANNUAL SUPPLEMENT 0 ANNUAL SUPPLEMENT (3) The Advisory Committee shall hold 16 Q-22.08 Application I meeting% at the request of the Site Aucquisitiom tant hazards shipped poses accordance with Section 17.03, shall include the environmental risk; and Supntation for expenditures cum (4) The responsibilities of i following general information: pe movement of p hy the applicant In (a) A narrative description of the products and other pollutant hazards accordance with the applicable shall include: eligible proposed project wh ach of constitutes a ot's c goods and (a) Reviewing chi services will be pursuant applies ions and other relevant information s sted in Rule peer 287, F. (f the rationale used in p recreational and S and 2. Funding for disposal site proposals. g overall funding selecting project over such environmental quality. including: capabilities in terms 2p-tCM rpies as may be available; 1. Impact of cquisition or improvements shall be limited to ion of ate ownership improvement on environmentally sensitive improvement projects on State-owned lands. commitments. . and (c) An areas; Where improvement projects we a the effective u 2pr ; (d) Delineation of site management 2. which the proposed for existing disposal sites pi ( m pa acquisition or improvement addresses applicant, Ice title to such lands must be priority listing of * S management of contaminated or conveyed to the Board lease and management conditions taking into of an part and Corps of don pp riteria in Engine= pc us difficu pt 1pc any improvement considers ate' 1pw disposal 3. Whether th 3. Exceptions may be granted where die Rule 4 and other applicable at improvement is pan of I site is owned by a pu . ject co s of estimating c long-term dredged material management a ca s UK" ds. plan. evaluation that: necessary staff support to the A Bala, In ad pn, each application shall ( ith local plank . a. State ownership is not in d Committee detailed information. Au 7p1 include the following Including: interest; and 3 p. f C ddress and telephone number 1. Consistency with local government nd n1pn of applicant pa comprehensive plans adopted pursuant to environmental objectives can be agent; Chapter 163, F accomplished without conveyance of title to 21po 2p:9 (b) Tw 1pis of a survey on 2. Consistency with local zoning and the State. ( es1pus, . . ) ddi to ii1p3Law of approval (cc disposal site activities shall other local government ants. c Spl 1p" F 61pm- captain such terms. ons. or r by a person licensed by the Florida tnp3(pFt 3- as deemed necessary by State Board r n agent o 16O6 Advisory Co protect and he disposal site G1pcto the 16pa and (1epartment in saber nredged De Limitations ions alish' (2) Disposal of maintenance ( in i of cife pp i p= an material use of nsed by the Florida pr sites or i puris by a person Im a sites shall be acquired Advisory Committee which shall be sors or an agent of pursuant to Section 253.025, F composed of permits or their rule, h may interfere with the Federal Government. acceptable to the Ch A. C. designees: function shall not De ( ) Funding Requirements and (a) Director of the (3) A s pi g term dredged Ma d of the limitations: D of Natural Resources; material 1pen j a (a) The recipient port authority or other condition of Board approval of r at plic mean high water line; tary or the Department of acquisition or improvement funds. a applicant shall contribute not Environmental Regulation; ( a of n ten on cost of acquisition (of the Department of Management and u ites shall contributing maintenance ls of. or improvements to, a disposal site. Such Community Affairs; be consistent with such plan. projected volumes and (4) Dredged material management plans contributions nay include land owned or (d) of the Department of physical characteristics of material to b improvements to the disposal site. Commerce; shall mappropriate, acceleration of a and estimated capacity and Contributions shall not include the cost of ( Director of the Florida dewa solidation of dredged act the site; and environmental or engineering studies, Game and Fresh Water Fish Commission; material. removal of consolidated material to evidence that the proposed project surveys, or appraisals (ve of the Jacksonville maintain capacity, site maintenance and will meet the outlined in other measures as are necessary to maximize (b) A reserve of f the total District Office of the United Stoics Army Rule 16l)(d funds available for each fiscal year shall be Corp of Engineers; service life of the site in an environmentally chapter. maintained for emergency actions to protect (g) A representative of th sound manner. applications for disposal site intenance shall include, but (3) For the following additional public investments and to meet commitments District Office of the United States Army pi an cts in the event or revenue of Engineers; ted to. control of dike erosion, information is required: v shall not be Corr r pti Marine (a) A 1piv and shortfall assurance that wci and other such cumulatively compiled from one rascal year to Fisheries Commission; and i 1peworking order and engineering drawings or sketches to male Of another. ( ve of a recognized control of mosquito breeding and other the improvements; and (c) Disposal site improvements State-wide environmental organization. public health/nuisance y .m (b) M1prwale, showing ad 1. All funds expended for improvements (2) n of 1pi the acreage and boundaries of area included by the applicant for the purposes contained Committee shall be the Executive Director 376 ) in the ve herein shall be subject to p iew and the Department of Natural Resources or his approval by the Comptroller of Florida in designee. 0 1984 ANNUAL SUPPLEMENT 16-23.03 1986 ANNUAL SUPPLEMENT 194 designed by the Board as being responsible Goo Specific Authority 253.03(7) FS. Law and use of State lands for all of the citizens of for coordinating the development of a Implemented 376.11(3) FS History-New Florida; management plan For a Cooperative 3-7-84. (4) insure that all activities,on State management area with input from 16-22-09 Processing of Applications. lands, which generate revenues or exclude cooperating agencies pursuant to the terms of (1) Immediately after the effective date of public uses provide just compensation for the management agreement/multiple agency this rule and annually thereafter. the such privileges; and, lease. Department shall publish notice in the (5) Aid in the implementation of the State (10) "Lease" means an interest in lands Florida Administrative Weekly reuesting Lands Management Plan. designated by a contract creating a that applications for eligible projects be Specific Authority 253.03(7) FS. Law landlord- tenant relationship between the 8k2m submitted to the Department no later than 45 Implmented 253.03, 253.022, 253.034 FS. .2 0-M FS Board as landlord and the applicant as tenant days following publication of notice. History- New 4-4-84 whereby the Board grants and transfers to (I (2) Within 120 days following the 16O-23.02 Scope and Effective Date. ffective Mae. the agency ahe e adumve un. possemica. aa@ are effective date of this role and annually These rules will implement the impoemna Ake Moar0d eT mrodo u8Fcified Bands, aw a thereafter, the Department shall publish, in administrative and management Fattached. 4Ca aham 0Fop2nies t7hk@ SO- the Florida Administrative Weekly, the responsibilities of the committee reguarding regma8f8f8iflialeg 4e th2 ow"r.-dowe uegardb8u 07a4down4Me C2*180 am0Favewmaag am An 4k mew priority list of eligable projects to be State lands and outline the management plan State Dar4As an-A ozadim dae monagenmoo 0om ma.8&@ d'a owm @I a ham Chan 8k ph4wa(8A to submitted to the board. and sublease reuirements for agencies a am e24seACA W life cych CT 0&2 00 (4) The schedules are fourth above for the managing State lands. These rules are State unp8Ag. TT=C? V"NU am Ere initial public hearing and initial publication considered cumulative; therefore, a person or Mot"Badve; akw8aage, a 4F&M W of a priority list are adviesary in nature and an agency developing management plans and 8rg 00) may be adjusted if the Board determines that subleases should consult other applicable a (5) Board approval of elgiable projects and others). 8t shall be conlingent on applicants receipt of Specific Authority 253.03(7). 253.034(4), (5) FS iw4w t8Zeb ake momopmeno ag a all local government approvals, Law Implemented 253.03(7), 253.034(4),(5)FS History-New 4.4.84. Chapters 403 and 253,F.S., all easeincnts or 16-23.03 Definition CUM38K3 VO2M Ewe dc8inzaOeO 60 0 08M other consent of use of State lands reuired (1)"Agency" means an official, officer, wMagm2aa 2500800ka. so 50 a pursuant to Chapter 253, F. S., and commission, authority, council, committee, awnud 2510847). RIVLA2W4), (5) PU 2=11180M a3memum @Zmeoo a4k Men8A submission of a dredged material department, division, bureau, board, section, 04D@8T management plan acceptable to the or another unit or entity of government. am& 0= W am aaea= Wcai4& &M Una 1084P Department in accordance with Rule (2)"Board" means the Board of Trucjlas 8&t2yur3rM ohna fle0.2s4m Owe M hc=w ED ffmo 4Featmy 4NM MMV0V 16-22.07(3) of this chapter of the Internal Improvement Trust Fund. 'AueaLcy" FCTVW an a8ga4w, a8rmo. Cu4Aw4bm Cm6en (e OW28in Maongem-am Specific Authority 253.03(7) FS Law (3)"Committee" means the Land .,W--ja-U3oe@ CMht-0ho @a 008@ ez-jund by Ake P@S4@ an8d Implemented 376.11(3) History--New Management Advisory Committee pursuant 102) N 3-1-01. to Section 253.034, F.S. CHAPTER 16-23 8&Y Do CT8&G. ea K LAND MANAGEMENT ADVISORY (4) "Conveyanne" means an instrument af Gavvommaw. COMMITTEE or transfer of tile of land from one party to M LNOU t-2 67=em 4PMV,? 16-23.01 Loteal. The intent and another. 20 4F-d62X rhz4eaoa on Owiv4a lm@z ako MC2 eT purpose of this rule is to: (5)"Cooperating agency" means an eam OW8A. 78a-,2 M@ 0MY oadm'2. @m CM (1) Aid in fulfilling the trust and agency which, as party to a management = Mr4Aed to ffm-. dmts@22, 08Da fiduciary responsibilities of the Board of agreement/multiple agency lease has @--4Mw3. Ca72v. eym OPM Trustees of the Internal Improvement Trust designated management responsibilities to be Fund for the administration, management, carried out under the guidance of the lead m6 4NPAC0A 0&ea@ a7 Viatev ffeCS15@ V2WT and disposition of State- owned lands; agency. (2) Establish operating procedures and responsibilities of the Land Management (6)"Cooperative management" means Am 6=8Unr2on6ng 89 W4&T M 8FM8M2 CL? Advisory Committee pursuant to Section single or multiple use management by more 253.034(4),F.S.; than one agency so that each utilities its 2a@rs (3) Insure maximum protection, benefit particular expertise in order to achieve a particular management goal. (7) "Department" means the State of Florida Department of Natural Resources. (8) "Division" means the Divison of State Lands which performs all staff duties 1984 ANNUAL SUPPLEMENT 196 (b) Considering the propriety of the agency's recommendations regarding the future use of the land, protection of fragile and non-renewable resources, maintenance and use of renewable resources. (c) Identifying the potential for alternative or multiple uses not recognized by the managing agency. (d) identifying lands surplus to the agency's need which could be used by or reserved for other agency use or disposed of as surplus. (e) Considering whether lands would be more appropriatly owned or managed by a county or other local government and whether a sale, lease, or other conveyance would be in the interests of the State and local government. (2) The procedures of the committee shall include: (a) All managment plans and subleases for areas over 160 acres in size, and all surplus land determinations shall be reviewed by the committee prior to submittal to the Board. Utilizing the policies, standards, and criteria of Rule 16Q-23.08, the committee shall specifically recommend to the Board whether to approve, approve with modifications, or reject a management plan, sublease, or surplus lands determination. (b) Managment plans and subleases for areas less than 160 acres in suze, may at the request of three (3) ormore committee members, be submitted to the committee for review and recommendations. (c) A recommendation to the Board on management plans, subleases and surplus land designations by the committee shall be by the concurrence of at least four (4) members. (d) The use of State-owned land in a manner which is inconsistent with the existing lease or the approved land management plan,shall cause the lease to be subject to termination by the Board. The committee shall recommend to the Board when such uses are not in accordance with the approved managment plan or lease/agreement. Specific Authority 253.03(7), 253.034(4), (5) FS. Law Implemented 253.022(1), 253.034(3), (4), (5), FS History- New 4-4-84. 16Q-23.06 Agency Duties. (1) Primary staff support for the committee shall be provided by the division, including the recording functions listed in paragraph (3) of rule 16Q-23.04. (2) The managing agency should be prepared to respond to any inquiries or issues. (3) The managing agency shall prepare executive summaries which highlight important managment facts, issues, or problems, and any public input which went into developing the plan or sublease. Specific Authority 253.03(7) FS Law Implemented 253.022(2), 253.034(4) FS History-New 4-4-84. 16Q-23.07 Managment Plans. Plans submitted to the division for committee review under the requirments of Section review under the requirements of Section 253.034, F.S., should contain, where applicable to the management of resources the following: (1) The common name of the property (2) A map showing the location and boundaries of the property, plus any structures of improvements to the property. (3) The legal description and acreage of the property. (4) The degree of title interest held by the Board, including reservations and encumbrances such as leases. (5) The land acquisition program (e.g., C.A.R.L., E.E.L., Save Our Coast), if any, under which the property was acquired. (6) The designated single use or multiple use managment for the property, including other managing agencies. (7) Proximity of property to other significant State,local, or federal land or water resources. (8) A statement as to whether the property is within an aquatic preserve or a designated area of critical State concern or an area under study for such designation. (9) The location and description of known and reasonably identifiable renewable and non-renewable resources of the property including, but not limited to, the following: (a) Brief description of soil types, using U.S.D.A. maps when available; (b) Archaeological and historical resources; (c) Water resources including the water quality classification for each water body and the identification of any such water body that is designated as an Outstanding Florida Waters; (d) Fish and wildlife and their habitat; (e) State and federally listed endangered or threatedned species and their habitat; (f) Beaches and dunes; (g) Swamps, marshes and other wetlands; (h) Mineral resources, such as oil,gas and phosphate; 1984 ANNUAL SUPPLEMENT (i) Unique natural features, such as coral reefs, natural springs, caverns, large sinkholes, virgin timber stands, scenic vistas and natural rivers and streams;and (j) Outstanding native landscapes containing relatively unaltered flora, fauna, and geological conditions. (10) A description of actions the agency plans, to locate and identify unknown resources, such as surveys of unknown archaeological and historical resources,. (11) The identification of resources on the property that are listed in the Natural Area Inventory. (12) A description of past uses, including any unauthorized uses of the property. (13) A detailed description of existing and planned use(s) of the property. (14) A description of alternative or multiple uses of the property considered by the managing agency and an ex- planation of why such uses were not adopted. (15) A detailed assessment of the impact of planned uses on the renewable and non-renewable resources of the property and a detailed description of the specific actions that will be taken to protect, enhance, and conserve these resources and to mitigate damage caused by such uses. (16) A description of management needs and problems for the property. (17) Identification of adjacent land uses that conflict with the planned use of the property, if any. (18) A description of legislative or executive directives that constrain the use of such property. (19) A finding regarding whether each planned use complies withe the State Lands Managment Plan, particulary whether such uses represent "balanced public utilization", specific agency statutory authority, and other legislative or executive constraints. (20) An assessment as to whether the property, or any portion, should be declared surplus. (21) Identification of other parcels of land within or immediately adjacent to the property that should be purchased because they are essential to management of the property. (22) A description of the management responsibilites of each agency and how such responsibilities will be coordinated, including a provision that requires that the managing agency consult with the Division of Archives, History and Records Management before taking actions that may adversely affect archaeological or historic resources. (23) A statement concerning the extent of public involvement and local government participation in the development of the plan, if any, including a summary of comments and concerns expressed. Specific Authority 253.03(7), 253.034(4), (5) FS Law Implemented 253.034(4) FS History-New 4-4-84. 16Q-23.03 Policies, Standards, and Criteria. The following management policies, standards, and criteria will be used by teh committee to determine whether to recommend approval, approval with conditions or modifications, or to reject any agency management plan, sublease or surplus land determination. (1) The policies, standards, and criteria that are enumerated in the "Upland Management Rules of the Department of Natural Resources". (2) The policies, standards, and criteria that are enumerated in teh "Sovereignty Submerged Lands Management Rules of the Department of Natural Resources". Chapter 16Q-21, F.A.C. (3) The policies, standards, and criteria that are enumerated in the "State Lands Management Plan" adopted March 17, 1981 by the Board. Specific Authority 253.03(7), 253.034(4) FS Law Implemented 253.034(3), (4),(5) FS History-New 4-4-84. 16Q-23.09 Sublease Reviews. (1) An agency managing or leasing State-owned lands from the Board shall not sublease lands without prior review by the division and subsequent approval by the Board. Subleases for areas greater than 160 acres in size shall be reviewed by teh committee prior to submittal to the Board. (2) All sublease requests shall be made pursuant to applicable laws and rules governing the leasing and subleasing of State-owned lands. (3) Subleases submitted to the division for review shall contain, at a minimum, the following: (a) Eight copies of all material submitted. (b) A copy of the proposed sublease. (c) A statement regarding how the sublease compliments and conforms with the agency's managment plans for the subject property. (d) A statement specifically identifying how the sublease conforms to the agency's statutory authority. 16Q-23.10 1984 ANNUAL SUPPLEMENT 198 (e) Identification of the sublease fees, rentalsm or other charges and how these fees were established;i.e., appraised market value, negotiated, or competitive bid. (f) Identification of where the sublease revenues will be deposited and how they will be utilized by the agency. Specific Authority 253.03(7) FS. Law Implemented 253.034(3) FS. History-New 4-4-84. 16Q-23.10 Surplus Land Determination. (1) The committee shall review all State-owned lands which are not actively managed by any State agency, for which a land management plan has not been completed, or are recommended for disposal by any State agency, and recommend to the Board if such lands should be disposed of. (2) In devoloping a recommendation the committee shall consider the following factors: (a) Environmental value including flora and fauna; geology, hydrology, and general importance to the regional ecological systems; (b) Recreational value, including potential as a State managed recreational area; (c) Cultural value; (d) Size and location, including management feasibility and relationship to other State managed areas; and (e) History and potential of revenue production. (3) If a determination is made that a parcel of State land should be disposed of by the Board, the committee shall consider and make recommendations of the following; (a) Whether such lands would be more appropriately owned or managed by the county or other unit of local government in which the land is located, and whether any unit of local government has expressed an interest in the subject parcel. (b) Whether the property should be lease3d, exchanged, transferred in fee simple, or transferred with a restriction as to use, right of reversion, or other special deed provisions. Specific Authority 253.03(7) FS Law Implemented 253.034(5) FS. History--New 4-4-84. Amended 2-1-83 DER1983 WATER QUALITY STANDARDS 17-3 CHAPTER 17-3 WATER QUALITY STANDARDS PART 1 17-3.09 Criteria: Class III Waters FINDINGS, DECLARATION Recreation - Propagation AND INTENT and Management of Fish 17-3.01 Declaration and Intent. and Wildlife. 17-3.011 Findings, Declaration and 17-3.091 Criteria: Class I Waters. Intent* Potable Water Supplies. 17-3.02 Minimum Conditions of All 17-3.10 Cefterla: Class IV Waters Waters, Times and Places. Agricultural and Industrial Water Supply. PART If 17-3. 101 Criteria: Class 1-13 Waters - DEFINITIONS Potable and Agricultural 17-3.021 Definitions. Water Supplies and Storage - Groundwaters. PART 111 17-3.11 Criteria: Class@ V. Waters WATER QUALITY CRITERIA Navigation, Utility and SURFACE WATER Industrial Use. 17-3.03 Water Quality Testing. 17-3.111 Criteria: Class 11 Waters 17-3.031 Site Specific Alternative Shellfish Propagation or Criteria, Harvesting. 17-3.04 Domestic and Industrial 17-3 * 12 Definitions. Waste Treatment Require- 17-3.121 Criteria: Class III Waters ments. Recreation - Propagation and 17-3.041 Special Protection, Out- Maintenance of a Healthy, standing Florida Waters. Well-Balanced Population of 17-1.05 Thermal Surface Water Fish and Wildlife. Criteria. 17-3* 13 Drainage Wells, Permits. 17-3.01 Minimum Criteria for 17-3.131 Criteria: Class IV Waters - Surface Waters. Agricultural Water Supplies. .17-3.06 Classification of Waters, 17-3.14 Drainage Wells, Applications. Usage. 17-3.141 Criteria: Class V Waters - 17-3.061 Surface Waters: General Navigation, Utility, and Criteria. Industrial Use. 17-3.07 Criteria: Class I Waters 17-3.15 Effective Date of Permits. Public Water Supply. 17-3.151 Criteria: Class V-B - 17-3.071 Groundwaters: General Freshwater Storage and Criteria. Utility and Industrial 17-3.08 Criteria: Class 11 Waters Use - Groundwaters. Shellfish Propagation and. 17-3.16 Drainage Wells, Drilling Harvesting. Requirements. 17-3*081. Classification of Surface 17-3.161 Classified Waters. Waters, Usage, Reclassifl- 17-3.17 Drainage Well Permit Revo- cation. cation and Modification. 227 DER1983 WATER QUALIIft. STANDARDS 17-3 17-3.18 Test Wells and Borings. fish and other aquatic life, and for 17-3.19 Abandoned Wells. domestic, agricultural, Industrial, 17-3.20 Pollution Surveys. recreational, and other beneficial 17-3.21 Classified Waters. uses* It also prohibits the dis- 17-3.21 Application Forms. charge of wastes into Florida waters without treatment necessary to pro- PART IV tect those beneficial - uses of the WATER QUALITY CRITERIA waters. GROUND WATER (3) Congress, in Section 101(a) 17-3.401 Ground Water: Generah, (2) of the Federal Water Pollution 17-3.402 Minimum Criteria for Ground Control Act, as amended, decl ares Water. that achievement by July 1, 1983, of 17-3.403 Classification of Ground water quality sufficient for the Water, Usage, Reclasslfl- protection and propagation of fish, cation. 'shellfish, and wildlife, as well as 17-3.404 Standards for Class G-1 and for recreation In and on the water, Class G-11 Ground Wateri. Is an Interim goal to be sought 17-3.405 Standards for Class G-111 wherever attalhable. Congress fur- Ground Water. ther states, In Section 101(a)(3), 17-3.406 Standards for Class G-IV that it Is the national policy that Ground Water. the discharge of toxic pollutants in toxic amounts be prohibited. PART 1 (4) The present and future most FINDINGS, DECLARATION beneficial uses of all waters of the AND INTENT State have been designated by the Department by means of the classi- 17-3.01 Declaration and Intenia, fication system set forth In this Specific Authority: 403.061, F.S. Chapter pursuant to Subsection Law Implemented: 403.021, 403.061, 403.061(10), F.S. Water -quality 403.101(l), 403.182, 403.26i, F4S. standards are established by the De- History: Formerly 28-5.01, Amended partment to protect these designated and Renumbered as 17-3.011, 3-1-79. uses* (5) Pollution which causes or 17-t.011 Findings, Dedafttlbn contributes to new violations of and. Intent. .water quality standards or to con- (1) Article 11, Section 7. of tinuatloh of existing violations is the Florida Constitution requires harmful to the waters of this State abatement of water pollution, and and shall not be allowed. conservation and protection of Flor- (6) The quality of waters which ida's natural resources and scenic exceeds the minimum quality neces- beauty. sary to support the designated use (2) Section 463.021, Florida of those waters shall be protected Statutes, declares that the public and enhanced. policy of the State is to conserve (7) The quality of waters which the waters of the State to protect, Is lower than that necessary to sup- maintain, and Improve the quality port-the designated use of those wa- thereof for public water supplies, ters shall be protected and enhanced for the propagation of wildlife, provided, however, the Department 17-3.01 i7-3.011(7) 2-1-83 DER1983 ATER QUALITY STANDARDS 17-3 shall not strive to abate natural technological progress and the conditions. social and economic well-being of (8) The highest protection people, urges, however, that there shall be afforded to Outstanding be no compromise where discharges of Florida Waters. pollutants constitute a valid hazard (9) Because activities outside to human health. the State sometimes cause pollution (14) The Commission requests of Florida's waters, the Department that the Secretary seek and use the will make every reasonable effort to best environmental Information have such pollution abated. available when making decisions on (10) Water quality standards the effects of chronically and apply equally to and shall be uni- acutely toxic substances and carcl- formly enforced In both the public nogenic, mutagenic, and teratogenic and private sector. substances. Additionally, the (11) The Department finds that Secretary Is requested to seek and excessive nutrients (total nitrogen encourage innovative research and and total phosphorus) constitute one developments in waste treatment of the most severe water quality alternatives that might better pre- problems facing the State. It shall serve environmental quality or at be the Departmenes policy to limit the same time reduce the energy and the introduction of man-induced dollar costs of operation. nutrients into waters of the State. (15) The present and future Particular consideration shall be most beneficial uses of groundwaters given to the protection from further of the State shall be protected to nutrient enrichment of waters which Insure the availability and utility are presently high in nutrient con- of this Invaluable resource. To centrations and sensitive to further achieve such protection, the ground- nutrient concentrations and sensi- waters of the State are classified tive to further nutrient loadings. and appropriate specific water qual- Also, particular consideration , shall Ity criteria for those classes are be given to the protection from set forth in this Chapter. nutrient enrichment of those waters (16) The criteria set forth in presently containing very low nutri- this Chapter are minimum levels ent concentrations: less than 0.3 which are necessary to protect the milligrams per liter total nitrogen designated uses of a water body. It or less than 0.04 milligrams per Is the Intent of this Commission liter total phosphorus. that permit applicants should not be (12) Public Interest shall not penalized due to a low detection be construed to mean only those ac- limit associated with any specific tivities conducted solely to provide criteria. facilities or benefits to the gen- (17) In adoption of the Out- eral public. Private activities standing Florida Waters designated conducted for private purposes may on July 13, 1978, the Commission has also be In the public Interest. been assured by the Secretary that (13) The Commission, recogniz- adequate public notice has been ing the complexity of water quality given that these waters were being management and the necessity to considered for this designation and temper regulatory actions with the that public comment was solicited 17-3.011(7) 17-3.011(17) 229 DER1983 WATER QUALI.-TY STANDARDS 17-3 and considered in determining their that reason that the Commission has designation. provided for mixing zones, zones of (18)(a) The revisions made to discharge, site specific alternative Chapters 17-3 and 17-4 and the criteria, exemptions and other pro- adoption of Chapter 17-6, Florida visions in Chapters 17-3, 17-4, and Administrative Code, are designed to 17-6, F.A.C. Furthermore, the con- protect the public health or welfare tinued availability of the moderat- and to enhance the quality of waters Ing provisions Is a vital factor of the State. They have been estab7 providing a basis for the Commis- lished taking into consideration the sion's determination that water use and value of waters of the State quality standards applicable to wa- for public water supplies, propaga- ter classes In the rule are attain- tion of fish and wildlife, recre- able taking into consideration envi- ational purposes, and agricultural, ronmental, technological, social, industrial, and other purposes, and economic an'd Institutional factors. also taking into consideration their The companion provisions of Chapters use and value for navigation. 17-4 and 17-6, F.A.C., approved (b) Under the approach taken In simultaneously with these Water the formulation of the rules adopted Quality Standards are incorporated in this proceeding: herein by reference as a substantive 1. These revisions to Chapters part of the State's comprehensive 17-3, 17-4 and adoption of Chapter program for the control, abatement 17-6, F.A.C., are based upon the and prevention of water pollution. best scientific knowledge related to (d) Without the moderating pro- the protection of the various desig- visions described In (b)2. above, nated uses of waters of the State; the Commission would not have adop- and ted the revisions described In MI. 2. The mixing zone, zone of above nor determined that they are discharge, site specific alternative attainable as generally applicable criteria, exemption, and equitable water quality standards. allocation provisions are designed Specific Authority: 403.061, to provide an opportunity for the 403.062, 403.087, 403.504, 403.704, future consideration of factors re- 403.804, 403.805, F.S. Law Imple- lating to localized situations which mented: 403.021, 403.061, 403.085, could not adequately be addressed In 403.086. 403.087, 403.088, 403.101, this proceeding, Including economic 403.141, 463.161, 403.182, 403.502, and social consequences, attainabil- 403.702, 403.708, 403.902, F.S. ity, irretrievable conditions, natu- History: Formerly 28-5.01, 17-3.01, .ral background, and detectability. Amended and Renumbered 3-1-79, (c) This is an even-handed and Amended 2-1-83. balanced approach to attainment of water quality objectives. The Com- 17-3.02 Minimum Conditions of mission has -specifically recognized All Waters, Tims and Places. that the social, economic and envi- Specific Authority: 403.061, ronmental costs may, under certain F.S. Law Implemented: 403.021, special circumstances, outweigh the 403.031, 403.061, 403.101(l), social, economic and environmental F.S. History: Formerly 28-5.02, benefits If the numerical criteria Amended 10-28-70, Amended and are enforced statewide. It Is for Renumbered as 17-3.051, 3-1-79.' 17-3.011(17) 0-3.02(Hlstory) 2-1-83 230 DER 1983 WATER QUALITY STANDARDS 17-3 PART 11 based upon evaluation by generally DEFINITIONS accepted scientific methods, to produce effects equal to those of 17-3.021 Deflnitims. the concentration of the substance (1) "Acute Toxicity" shall mean specifled In (a) above. the presence of one or more substan- (5) "Commission". shall mean the ces or characteristics or components Environmental Regulation Commission. of substances in amounts which: (6) "Compensation Point for (a) Are greater than one-third Photosynthetic Activity" shall mean (113) of the amount lethal to 50% the depth at which one percent of of the test organisms In 96 hours the light intensity at the surface (96 hr LC50) where the 96 hr remains unabsorbed. The light inten- LC50 is the lowest value which sities at the surface and subsurface has been determined for a species shall be measured simultaneously significant to the Indigenous aquat- by Irradiance meters such as the ic community; or KahIsIco Underwater Irradlameter, (b) may reasonably be expected, Model No. 268 WA 310 or other de- based upon evaluation by generally vices having a comparable spectral accepted scientific methods, to response. produce effects equal to those of (7) "Confined Aquifer" shall the concentration of the substance mean an aquifer bounded above and specified In (a) above. below by Impermeable beds or by beds (2) "Aquifer" shall mean a of distinctly lower permeability geologic formation, group of forma- than that of the aquifer itself. tions, or part of a formation'capa- (8) "Department" shall mean the ble of yielding a significant amount Department of Environmental Regula- of ground water to wells, springs or tIon. surface water. (9) "Designated Use" shall mean (3) "Background" shall mean the the present and future most bene- condition of waters in the absence ficial use of a body of water as of the activity or discharge under designated by the Environmental consideration, based on the best Regulation Commission by means of scientific Information available to the classification system contained the Department. In this Chapter. (4) "Chronic Toxicity" shall (10) "Dominance" shall mean the mean the presence of one or more presence of species or communities substances or characteristics or In greater numbers, biomass, or components of substances In amounts areal extent than competing species which: or communities, or a scientifically (a) are greater than one-twen- accepted tendency of species or com- tieth (1/20) of the amount lethal to munities to achieve such a status 50% of the test organisms In 96 hrs under existing or reasonably anti- (96 hr LC50) where the 96 hr cipated conditions. LC50 is the lowest value which (11) "Effluent Limitation" has been determined for a species shall mean any restriction estab- significant to the Indigenous aquat- lished by the Department on quanti- ic community; or ties, rates or concentrations of (b) may reasonably be expected, chemical, physical, biological or 17-3(PART 11) 17-3.021(11) 231 DER 1983 WATER QUALITY STANDARDS 17-3 other constituents which are dis- restoration or physical alteration. charged from sources into waters of (16) "Natural Background" shall the State. mean the condition of waters in the (12) "Exceptional Ecological absence of man-induced alterations Significance" shall mean that a based on the best scientific infor- water body is a part of an ecosystem mation available to the Department. of unusual value. The exceptional (17) "Nuisance Species" shall significance may be In unusual spe- mean species of flora or fauna whose cies, productivity, diversity, eco- noxious characteristics or presence logical relationships, ambient water In sufficient number, biomass, or quality, scientific or educational areal extent may reasonably be ex- interest, or In other aspects of the pected to prevent, or unreasonably ecosystem's setting or processes, Interfere with, a designated use-of (13) "Exceptional Recreational those waters. Significance" shall mean unusual (18) "Nursery Area of Indige- value as a resource for outdoor rec@- nous Aquatic Life" shall mean any reation activities. Outdoor recre-@- bed of the following aquatic plants, ation activities include, but are either In monoculture or mixed: not limited to, fishing, boating, Halodule spp., Halophila engelman canoeing, witer skiing, swimming, 11iJI ., Potamogeton spp. (pondweed), scuba diving, or nature observation. Ruppla maritl;;a' (widgeon-grass), The exceptional significance may be Sagittarla spp. (arrowhead), �Xr:in- in the intensity of present recre- Clodium fillforme (manatee-grass), ational usage, In an unusual quality Thallasla testudl;um (turtle grass), of recreational experience, or In or Vallisneria spp. (eel-grass), or the potential for unusual future any area used by the early-life recreational use or experience. stages, larvae and post-larvae# of (14) "Ground water" shall mean aquatic life during the period of water beneath the surface of the rapid growth and development into ground within a zone of saturation, the juvenile states. whether or not flowing through known (19) "Pollution" shall mean the and definite channels. presence In the outdoor atmosphere 0S) "Man-induced conditions or waters of the state of any sub- which cannot be controlled or abat- stances, contaminants, noise, or ed" shall mean conditions that have man-made or man-induced alteration been Influenced by human activities, of the chemical, physical, biologi- and cal or radiological Integrity of air (a) would remain after removal or water In quantities or levels of all point sources, which are or may be potentially (b) would remain after Imposi- harmful or injurious to human health tion of best management practices or welfare, animal or plant life, or for non-point sources, and property, Including outdoor recre- (c) cannot be restored or, ation. abated by physical alteration of (20) "Predominantly Fresh the water body, or there Is no Waters" shall mean surface waters In reasonable relationship between which the chloride concentration at the economic, social and environ- the surface Is less than 1,500 mil- mental costs and the benefits of ligrams per liter. 17-3.021(11) 17-3.021(20) 2-1-83 2 32 DER1983 WATER QUALITY STANDARDS 17-3 (21) "Predominantly Marine when It exits from the spring onto Waters". shall mean surface waters in the earth's surface. which the chloride concentration at (29) "Unconfined Aquifer" shall the surface Is greater than or equal mean an aquifer other than a confin- to 1,500 milligrams per liter. ed aquifer. (22) "Propagation" shall mean (30) "Waters" shall be as de- reproduction sufficient to maintain fined in Section 403.0310), Florida the species' role In Its respective Statutes. ecological community. (31) "Zone of Discharge" shall (23) "Secretary" shall mean the mean a volume underlying or sur- Secretary of the Department of Envi- rounding the site and extending to ronmental Regulation. the base of a specifically desig- (24) "Shannon-Weaver Diversity nated aquifer or aquifers, within Index" shall mean: negative sum- which an opportunity for the treat- mation (from 1=1 to s) of (nI/N) ment, mixture or dispersion of 1092 (ni/N) where s Is the num- wastes into receiving ground water ber of species in a sample, N Is the Is afforded. total number of Individuals In a (32) "Zone of Mixing" or "Mix- sample, and ni Is the total number ing Zone" shall mean a volume of of individuals in species 1. surface water containing the point (25) "Single' source aqulfer@' or area of discharge and within shall mean an aquifer or a portion which an opportunity for the mixture of an aquifer which, pursuant to of wastes with receiving surface Sections 17-3.403(5) & (6), F.A.C., waters has been afforded. is determined by the Commission to (33) "Zone of Saturation" shall be the only reasonably available mean a subsurface zone In which all source of potable water to a signi- of the Interstices are filled with ficant segment of the population. water. (26) "Site" shall mean the area Specific Authority: 403.061, within an Installation's property 403.062, 403.087, 403.504, 403.704, boundary where effluents are releas- 403.804, 403.805, F.S. Law Imple- ed or applied to the ground water. mented: 403.021, 403.031, 403.061, (27) "Special Waters" shall 403.085, 403.086, 403.087, 403.088, mean water bodies designated in 403.SO2, 403.802, F.S. History: accordance with Section 17-3.041, Formerly 28-5.12, 17-3.12, Amended F.A.C., by the Environmental Regula- and Renumbered 3-1-79, Amended tion Commission for inclusion In the 1-1-83, 2-1-83. Special Waters Category of Outstand- ing Florida Waters, as contained In PART I I I Section 17-3.041, F.A.C. A Special WATER QUALITY CRITERIA - Water may include all or part of any SURFACE WATER .water body. (28) "Surface Water" means 17-3.03 Water Quality Testing. water upon the surface of the earth, Specific Authority: 403.061, F.S. whether contained In bounds created Law Implemented: 403.021, 403.031, naturally or artificially or dif- 403.061, 403.101, F.S. History: fused. Water from natural springs Formerly 28-5.03, Amended and shail be classified as surface water Renumbered as 17-4.246, 3-1-79. 17-3.021(21) -- 17-3.03 (History) 233 DER1983 WATER QUALITY-STANDARDS 17-3 17-3.031 Site Specific Alter- affected by the parameter of con- native Criteria, cern 9 Conditions in similar water (1) A water body, or portion bodies may be used for comparison. thereof, may not meet a particular (d) A discussion of any impacts ambient water quality criterion spe- of the proposed alternative criteria cified for its classification, due on the designated use of the waters to natural background conditions or and adjoining waters. man-induced conditions which cannot (3) The Secretary shall spe- be controlled or abated. In such cify, by order, the site specific circumstances, and upon petition by criteria for the parameters which an affected person or upon the ini- the Secretary 'determines to have tiation by the Department, the Sec- been demonstrated by the prepon- retary may establish a site specific derance of competent substantial alternative water quality criterion evidence to be more appropriate. when an affirmative demonstration Is (4) The Department shall modify made that an alternative criterion permits of existing sources affected is more appropriate for a specified In a manner consistent with the portion of waters of the stateb Secretary's Order. Public notice and an opportunity for (5) Additional relief from public hearing shall be provided criteria established by this Chapter prior to issuing any order estab- may be provided through exemption lishing alternative criteria. pursuant to Section 17-4.243, Flori- (2) The affirmative demonstra- da Administrative Code, or variances tion required by this section shall as provided for by Section 17-1.57, mean a documented showing that, the Florida Administrative Code. proposed alternative criteria would Specific Authority: 403.061, exist due to natural background con- 403.062, 403.087, 403.504, 403.704, ditions or man-induced conditions 403.804, 403.80S, F.'S. Law Imple- which cannot be controlled or mented: 403.021, 403.061, 403.087, abated. Such demonstration shall be 403,088, 403.141, 403.161, 403.201, based upon relevant factors which 403.502, F.S. History: Formerly Include: 17-3.05M, Amended3-1."79, 10-2-80, (a) A description of the physi- 2-1-83. cal nature of the specified water body and the water pollution sources 17-3*0,4 Domestic and Industrial affecting the criterion to be alter- Waste Treatment Requirementso .ed. Specific Authority: 403.061(7), F.S. (b) A description of the his- Law Implemented: 403.086, 403.087, torical and. existing water quality 403.088, F.S. History: Formerly of the parameter of concern Includ- 28-5.04, Amended 10-28-10, 10-17-72, ing, spatial, seasonal, and diurnal 7-20@-76, Transferred to 17-6.01, variations, and other parameters or 3-1-79. conditions which may affect It. Conditions In similar water bodle;s! 17-3.041 Special Protection, may be used for comparison. Outstanding Florida Waters. (c) A description of the his- (1) It shall be the Department torical and existing biology, In- policy to afford the highest protec- cluding variations, which may be tion to Outstanding Florida Waters 17-3.031(l) 17-3.041(l) 2-1-83 234 DER1983 WATER QUALITY STANDARDS 17-3 (a complete listing of which Is Chapter 17-1 F.A.C., shall be fol- provided in subsection (4)) which lowed; generally Include the following (b) At least one fact-finding surface waters: workshop shall be held in the af- (a) waters In National Parks, fected area; Wildlife Refuges and Wilderness (c) All local county or munici- Areas; and pal governments and state legisla- (b) waters in the State Park tors whose districts or jurisdic- System and Wilderness Areas; and tions Include all or part of a (c) waters within areas pur- Special Water shall be notified at chased under ' the Environmentally least 60 days prior to the workshop Endangered Lands Bond Program or the In writing by the Secretary; Conservation and Recreation Lands (d) A prominent public notice Program; and shall be placed in a newspaper of (d) rivers designated under the general circulation in the area of Florida Scenic and Wild Rivers Pro- the proposed Special Water at least gram.or the National Wild and Scenic 60 days prior to the workshop; Rivers Act; and (e) An economic Impact analy- (e) waters within National Sea- sis, consistent with Chapter 120, shores, National Marine Sanctuaries, shall be prepared which provides a National Estuarine Sanctuaries and general analysis of the impact on certain National Monuments; and growth and development including (f) waters in Aquatic Preserves such factors as impacts on planned created under the provisions of or potential industrial, agricultur- Chapter 258, Florida Statutes; and al, or other development or expan- (g) waters within the Big Cy- sion; and press National Freshwater preserve; (f) The Commission may desig- and nate a water of the State as a Spe- (h) Special waters as listed In cial Water after making a finding 17-3.041(4) (1); and that the waters are of exceptional (I) Certain Waters within the recreation or ecological signifi- Boundaries of the National Forests. cance and a finding that the envi- (2) Each water body demonstra- ronmental, social, and economic ted to be of exceptional recreation- benefits of the action outweigh the al -or ecological significance may be environmental, social, and economic designated as a Special Water. The costs* following procedure shall be used in (3) The policy of this section designating a Special Water after shall be implemented through the the adoption of this rule: permitting process pursuant to Sec- (a) Rulemaking procedures pur- tion 17-4.242, F.A.C. suant to Chapter 120, F.S., and (4) Outstanding Florida Waters: (a) Waters within National Parks National Park. County B iscayne Dade Everglades Monroe/ Dade/ Collier 17-3.041(l) -- 17-3.041(4)(a) 2-1-83 235 DER1983 WATER -QUALITY STANDARDS 17-3 (b) Waters within National Wildlife Refuges Wildlife Refuge County Caloosahatchee Lee Cedar Keys Levy Chassahowitzka Citrus/Hernando Chinsegut Hernando Crocodile Lake (12-1-82) Monroe Egmont Key Hillsborough Great White Heron Monroe Hobe Sound Martin Island Bay Charlotte J. N. "Ding" Darling Lee ' Key West Monroe Lake Woodruff Volusla/Lake Lower Suwannee (12-1-82) Dixie Loxahatchee Palm Beach Matlacha Pass Lee Merritt Island Volusla/Brevard National Key Deer Monroe Okefenokee (Florida Portion) Baker Passage Key Manatee Pelican Island Indian River Pig Island dulf Pine Island Lee Pinellas Pinellas St. Johns Brevard St. Marks Jefferson /Wak ul la St. Vincent Franklin (c) Waters within State Parks or Recreation Areas State Park or Recreation Area @County Anastasia State Recreation Area St. Johns Bahia Honda State Recreation Area Monroe Basin Bayou State Recreation Area Walton Bear Creek State Recreation Area (12-1-82) Gadsden Big Lagoon State Recreation Area (12-1-82). Escambla Bill Baggs Cape Florida State Recreation Area Dade Blackwater River State Park Santa Rosa Blue Springs State Park Volusla Caladesi Island State Park Pinellas Caloosahatchee River State Recreation.. Area (12-1-82) Lee Cheklka State Recreation Area Dade Collier-Seminole State Park Collier Dead Lakes State Recreation Area Gulf Deinor-Wiggins Pass State Recreation A.rea (12-1-82) Collier 17-3.041(4)(c) 2-1-83 2 3 6 DER1933 WATER QUALITY STANDARDS 17-3 Dr. Julian G. Bruce St. George Island State I Park (12-1-82) Franklin Failing Waters State Recreation Area Washington Faver-Dykes State Park St. Johns Flagler Beach State Recreation Area Flagler Florida Caverns State Park Jackson Fort Clinch State Park Nassau Fort Cooper State Park (12-1-82) Citrus Fort Pierce Inlet State Recreation Area (12-1-82) St. Lucie Fred Gannon Rocky Bayou State Recreation Area Okaloosa Grayton Beach State Recreation Area Walton Highlands Hammock State Park Highlands/ Hardee Hillsborough River State Park Hillsborough 'Honeymoon Island State Recreation Area (12-1-82) Pinellas Hontoon Island State Park Volusla/Lake Hugh Taylor Birch State Recreation Area Broward Ichetucknee Springs State Park Columbia/ Suwannee John D. McArthur Beach State Recreation Area (12-1-82) Palm Beach John Pennekamp Coral Reef State Park Monroe John U. Lloyd Beach State Recreation Area Broward Jonathan Dickinson State Park Martin Lake Griffin State Recreation Area Lake Lake Kissimmee State Park Polk Lake Louisa State Park (12-1-82) Lake Lake Manatee State Recreation Area (12-1-82) Manatee Lake Rousseau State Recreation Area (12-1-82) Citrus/ Levy /Marion Lake Talquin State Recreation Area (12-1-82) Leon/ Gadsden/ Liberty Little Manatee River State Recreation Area (12-1-82) Hillsborough Little Talbot Island State Park Duval Long Key State Recreation Area Monroe Manatee Springs State Park Levy Mike Roess Gold Head Branch State Park Clay Myakka River State Park Manatee/ Sarasota Ochlockonee River State Park Wakulla O'Leno State Park Alachua/ Columbia Oleta River State Recreation Area (12-1-82) Dade Oscar Scherer State Recreation Area, Sarasota Pahokee State Recreation Area Palm Beach Palm Beach Pines State Recreation Area (12-1-82) Palm Beach Pepper Beach State Recreation Area St. Lucie Ponce de Leon Springs State Recreation Area Holmes/Walton Port Charlotte Beach State Recreation Area (12-1-82) Charlotte St. Andrews State Recreation Area Bay St. Lucie Inlet State Park (12-1-82) Martin Sebastian Inlet State Recreation Area Indian River/Brevard Suwannee River State Park Hamilton /Madison/ Suwannee Three Rivers State Recreation Area Jackson 17-3.041(4)(c).' 2 37 DER1983 WATER QUALITY STANDARDS 1-7-3 T. H. Stone Memorial St. Joseph Peninsula State Park Gulf Tomoka State Park Volusla Torreya State Park Liberty Wekiwa Springs State Park Orange/Seminole (d) Waters within State Ornamental Gardens State Ornamental Garden County Alfred B. Maclay State Gardens Leon Eden State Gardens Walton Ravine State Gardens Putnam Washington Oaks State Gardens Flagler Waters within State Preserves State Preserve County Anclote Key State Preserve (12-1-82) Pasco/Pinellas Barefoot Beach State Preserve (12-1-82) Collier Cape St. George State Preserve (12-1-82) Franklin Cayo Costa State Preserve (12-1-82) ' Lee Cedar Key Scrub State Preserve (12-1-82) Levy Fakahatchee Strand State Preserve (12-1-82) Collier Haw Creek State Preserve (12-1-82) Flagler/Putnam/ I Volusla Lower Weklva River State Preserve (12-1-82) Lake/Seminole Perdido Key State Preserve (12-1-82) Escambla Prairie-Lakes State Preserve (12-1-82) Osceola River Rise State Preserve (12-1-82) Alachua/ Columbia San Felasco Hammock State Preserve (12-1-82) Alachua Savannas State Preserve (12-1-82) Martin/St. Lucie Tosohatchee State Preserve (12-1-82) Orange Waccasassa Bay State Preserve (12-1-62) Levy Weedon Island State Preserve (12-1-82) Pinellas (f) Waters Within Areas Purchased 'Un'der the Environmentally Endangered Lands Bond Program Environmentally Endangered Lands County Barefoot Beach (12-1-82) Collier Cayo Costa North Captiva Islands $tqte Preserve Lee Cedar Key Scrub (12-1-82) Levy Charlotte Harbor Charlotte Fakahatchee Strand Collier Little St.. George Island. (12-1-82) Franklin Lower Apalachicola River Basin Franklin/Gulf Lower Wekiva River Corridor Lake/Seminole 17-3.041(4) (c).. @-- 17-3.041(4) (f) 2-1-83 2 3 8 DER1983 WATER QUALITY STANDARDS 17-3 Nassau Valley Marshes (12-1-82) Duval/ Nassau Palm Beach County Everglades (Rotenberg6r) Tract Palm Beach Paynes Prairie State Preserve Addition Alachua Perdido Key (12-1-82) Escambia River Rise (McLeod Ranch) Alachua/ Columbia San Felasco Hammock A lachua Savannas (12-1-82) Martin/St. Lucie Three Lakes Ranch Osceola Tosahatchee Preserve Orange Volusia Water Recharge Area Volusia Weedon Island Pinellas Withlacoochee Tracts (12-1-82) Sumter (9) Waters within National Seashores National Seashores County Canaveral Brevard/Volusla Gulf Islands Escambia/Santa Rosa (h) Waters within State Aquatic Preserves Aquatic Preserves County Alligator Harbor Franklin Apalachicola Bay Franklin Banana River Brevard Biscayne Bay Dade/Monroe Biscayne Bay - Cape Florida to Monroe County Line (12-1-82) Dade Boca Clega Bay Pinellas Caladesi Island Pinellas Cape Haze Charlotte/Lee Cape Romano-Ten Thousand Islands Collier Cockroach Bay Hillsborough Coupon Bight Monroe Estero Bay Lee Fort Clinch State Park Nassau Fort Pickens State Park Santa Rosa/Escambia Gasparilla Sound-Charlotte Harbor Charlotte/Lee Indian River Malabar to Sebastian Brevard/Indian River Indian River Vero Beach to Ft. Pierce Indian River/St. Lucie Jensen Beach to Jupiter Inlet Martin/Palm Beach/ St. Lucie Lake Jackson Leon Lignumvitae Key Monroe Loxahatchee River-Lake Worth Creek Martin/Palm Beach Matlacha Pass Lee Mosquito -Lagoon Volusla/Brevard 17-39041(4)(f) 17-3.041(4)(h) 239 DER1984 WATER QUALITY STANDARDS 17-3 Nassau River-St. Johns River Marshes Nassau/Duval North Fork, St. Lucie St. Lucie/Martin Pellicer Creek St. Johns/Flagler Pine Island Sound Lee Pinellas County Pinellas Rocky Bayou State Park Okaloosa Rookery Bay (12-1-82) Col 11 er St. Andrews State Park Bay St. Joseph Bay Gulf St. Martin's Marsh Citrus Tomoka Marsh Volusia/Flagier Weklva River (12-1-82) Lake /Orange /Seminole Yellow River Marsh Santa Rosa (1) Special Waters Apalachicola River south of northern Gulf County Line Aucilla River Blackwater River Butler Chain of Lakes - consisting of Lake Butler, Lake Down, Wauseon Bay, Lake Louise, Lake Palmer (also known as Lake Isleworth), Lake Chase, Lake Tibet, Lake Sheen, Pocket Lake, Fish Lake, and the waterways which connect these lakes (3-1-84). Chipola River Choctawhatchee River Crystal River, Including Kings Bay 'Q-@61-83) Little Manatee River - from Its mouth to the western crossing of the river by S.R. 674, Including Hayes, Mlil and Bolster Bayous, but excluding South Fork, Ruskin Inlet and all other tributaries (10-1-82). Ochlockonee River Perdido River St. Marks River-except that part between Rattlesnake Branch and the confluence of the St. Marks and Wakulla Rivers. Shoal River Suwannee River Wacissa River Wakulla River Weklva River -south of S.R. 46, including Rock Springs Run and the Little Wekiva River south to Its confluefice with the northernmost run of Sanlando Springs, but excluding all other tributaries (6-1-83). (1) Waters Within Rivers Designated Under the Florida Scen,ic and Wild Rivers Program Scenic and/or Wild River Segment. County Wekiva Wild River Segment (12-1-82.) Lake/Seminole (k) Waters Within National Preserves National Preserve County Big Cypress National Preserve ColUer/Dade/Monroe 3-1-84 17-3.041(4)(hi -- 17-3.041(4)(k) 2 4 0 DER1994 WATER QUALITY STANDARDS 17-3 (1) Waters within National Marine Sanctuaries Marine Sanctuaries County Key Largo Coral Reef Monroe Looe Key (12-1-82) Monroe (m) Waters within National Estuarine Sanctuaries National Estuarine Sanctuaries County Apalachicola Bay (12-1-82) Franklin Rookery Bay Collier (n) Certain Waters Within the Boundaries of the National Forests National Forest County Apalachicola Liberty /Wakul la/ Leon/ Franklin Sopchoppy River (9-1-82) Big Dismal Sink (9-1-82) Ocala Putnam/ Marion/ Lake Alexander Springs (9-1-82) Alexander Springs Creek (9-1-82) Juniper Springs (9-1-82) Juniper Creek (9-1-82) Salt Springs (9-1-82) Salt Springs Run (9-1-82) Lake Dorr (9-1-82) Lake Kerr (9-1-82) Little Lake Kerr (9-1-82) Osceola Baker/Columbia Deep Creek (9-1-82) Robinson Creek (9-1-82) Middle Prong - St. Mary's River (9-1-82) Ocean Pond (9-1-82) Failing Creek (9-1-82) (5) The effective date of the 403.804, 403.805, F.S. Law Imple- Outstanding Florida Water desig- mented: 403.021, 403.061, 403.087, nation for waters listed above Is 403.088, 403.101, 404.141, 403.182, March 1, 1979, unless otherwise 403.502, 403.702, 403.708, F.S. indicated. History: New 3-1"79, Amended Specific Authority: 1103,1161, 8-10-80, 8-24-82, 9-30-82, 12-1-82, 402.062, 403.087, 403.504, 403.704, 2-1-83, 6-1-83, 3-1-84. 17-3.041(4)(1) -- 17-3.041(History) 3-1-04 241 DER1983 WATER QUALITY STANDARDS 17-3 17-3.05 Thermal Surface Water environmental (including non-water Criteria. quality) Impacts which would result (1) All discharges or proposecl@ from such conversion; and discharges of heated water Into d. Such other factors as may be receiving bodies of water (RBW)@ appropriate. which are controlled by the State M Heated water sources pro- shall be subjected to a thorough posed for future discharges into RBW study to assess the consequences of controlled by the State shall not the discharge upon the environment. Increase the water temperature by The State shall be divided Into two more than the monthly temperature general climatological zones: Pen- limits prescribed for the particular Insular Florida, which varies from type and location of the RBW. New tropical In nature to temperate but sources shall Include all expan- is modified by the peninsular con- sions, modifications, alterations, figuration and is the area south of replacements, or repairs which latitude 30*N (excluding Gulf and result In an Increased output of ten Franklin Counties): and Northern percent (10%) or more of the level Florida which is temperate and of energy production which existed continental. and Is the area above on the date this rule became effec- latitude 30ON plus the portions of tive. Water temperatures shall be Gulf and Franklin Counties which lie measured by procedures approved by below 3015N. the Florida Department of Environ- (a) Heated water discharges mental Regulation (DER). In all existing on July 1, 1972: cases where a temperature rise above 1. Shall not Increase the tem- ambient Is allowed and a maximum RBW perature of the RBW so as to cause temperature is also prescribed, the substantial damage or harm to the lower of the two limitations shall aquatic life or vegetation thereln@ be the control temperature. or Interfere with beneficial uses (c) Definitions. assigned to the RBW. (1) Ambient (natural) tempera- 2* Shall be monitored by the ture of a RBW shall mean the exist- discharger to ensure compliance with Ing temperature of the receiving this rule, and water at a location which is unaf- 3. If the Department, pursuant fected by manmade thermal discharges to notice and opportunity for hear": and a location which is also of a Ing, finds by preponderant evidence depth and exposure to winds and that a discharge has caused sub- currents which typify the most envi- stantial damage, It may require con- ronmentally stable portions of the version of such discharge to off- RBW. stream cooling or approved alternate' (11) Coastal waters shall be methods. In making determinations all waters in the State which are regarding such conversions, the not classified as fresh waters or as Department may consider: open waters. a. The nature and extent of the- (111) A cooling pond is a body existing damage; of water enclosed by , natural or b. The projected lifetime of constructed restraints which has the existing discharge; been approved by the Florida DER c. Any adverse economic and for purposes of controlling heat rm 17-3.OS(l) 17-3.050) (c) Oli) 2-1-83 2 4 2 DER1983 WATER QUALITY STANDARDS 17-3 dissipation from thermal discharges. greater. (iv) An existing heat source is Ox) Blowdown shall mean the any thermal discharge (a) which Is minimum discharge of recirculating presently taking place, or (b) which cooling water for the purpose of is under construction or for which a discharging materials contained in construction or operation permit has the water, the further buildup of been issued prior to the effective which could cause concentrations in date of this rule. amounts exceeding limits established (v) Fresh waters shall be all by best engineering practice. waters of the State which are con- (x) Recirculating cooling water tained In lakes and ponds, or are In shall mean water which is used for flowing streams above the zone In the purpose of removing waste heat which tidal actions influence the and then passed through a cooling salinity of the water and where the system for the purpose of removing concentration of chloride Ions Is such heat from the water and then, normally less than 1500 milligrams except for blowdown, is used again per liter. to remove waste heat. (vi) Open waters shall be all (d) Monthly and Maximum Tem- waters In the State extending sea- perature Limits ward from the most seaward 18-foot (I) Fresh Waters - Heated water depth contour line (three-fathom with a temperature at the POD more bottom depth contour) which is off- than 5*F higher than the ambient shore from any Island; exposed or (natural) temperature of any stream submerged bar or reef; or mouth of shall not be discharged into such any embayment or estuary which Is stream. At all times under all con- narrowed by headlands. Contour ditions of stream flow the discharge lines shall be determined from Coast temperature shall be controlled so and Geodetic Survey Charts. that at least two-thirds (2/3) of (vil) The point of discharge the width of the stream's surface (POD) for a heated water discharge remains at ambient (natural) tem- shall be primarily that point at perature. . Further, no more than which the effluent physically leaves one-fourth (1/4) of the cross- its carrying conduit (open or clos- section of the stream at a traverse ed), and discharges Into the waters perpendicular to the flow shall be of the state, or, In the event It Is heated by the discharge. Heated not practicable to measure tempera- water with a temperature at the POD ture at the end of the discharge more than 30F higher than the am- conduit, a specific point designated blent (natural) temperature of any by the Florida DER for that parti- lake or reservoir shall not be dis- cular thermal. discharge. charged into such lake or reservoir. (viii) Heated water discharges Further, no heated water with a are the effluents from commercial or temperature above 90OF *shall be industrial activities or processes discharged Into any fresh waters in In which water is used for the Northern Florida regardless of the purpose of transporting waste heat, ambient temperature of the RBW. In and which constitute heat sources of Peninsular Florida, heated waters one million British Thermal Units above 920F shall not be discharged per hour (1,000,000 BTU/HR.), or into fresh waters. 17-3.05(l)(0010 17-3.05(l)(d)(1) 2 43 DER 1983 WATER QUAL11-TY STANDARDS 17-3 00 Coastal Waters Heated temperature of the RBW may be water with a temperature at the POD discharged from an open or closed more than 20F higher than the am- conduit Into open waters under the bient (natural) temperature of the following restraints: The surface RBW shall not be discharged Into temperature of the RBW shall not be coastal waters In any zone during raised to more than 970F and the POD the months of June, July, August, must be sufficient distance offshore and September. During the remainder to ensure that the adjacent coastal of the year, heated water with a waters are not heated beyond the temperature at the POD more than 49F temperatures permitted in such higher than the ambient (natural) waters* temperature of the RBW shall not be (lv) Cooling Ponds - The tem- 9 discharged into coastal waters In perature for heated water discharged any Zone. In addition, during June, from a cooling pond shall be measur- July, August, and September, no ed at the POD from the pond, and the heated waker with a temperature temperature limitation shall be that above 92*F shall be discharged Into' 'specified for the RBW. coastal waters. Further, no heated (e) General. water with a temperature above 906F (1) Daily and seasonal tempera- shall be discharged Into coast;pI ture variations that were normal to waters during the period October the RBW before the addition of heat thru May. from other than natural causes shall Oil) Open Waters - Heated be maintained. water with a temperature at the POD (if) Recapitulation of tempera- up to 17*F 'above ambient (natural) ture limitations prescribed above: ZONE' STREAMS LAKES COASTAL OPEN SUMMER' ''REMAINDER NORTH, 90*F Max. '90OF Mak-. 02'61F Max.* 906F'Max, 9_73F -Max. AM. +50F AM. +39F AM. +20F AM. +40F AM. +170 PENIN. 92'OF Max. 92*F Max. 92OF Max. 90OF Max. 970F Max. AM. +50F AM. +30F _AM. +20F AM. +40F AM. +170 M Upon application on a case Including 40 C.F.R. Part 122, by an by case basis, the Department may applicant that the proposed mixing establish a zone of mixing beyond zone will assure the protection and the POD to afford a reasonable propagation of a balanced, indige- opportunity for dilution and mixture nous population of shellfish, fish of heated water discharges with the and wildlife in and on the body of RBW, in the following manner: water Into which the discharge is to (1) Zones of mixing for thermal be made and such demonstration has discharges from non-recirculated not been rebutted. It is the Intent cooling water systems and process of -the Commission that to the extent water systems of new sources shall practicable, proceedings under this be allowed If supported by a demon- provision should be conducted joint- stration, as provided In Section ly with proceedings before the 316(a), Public Law 92-SOO and regu- federal government under Section lations promulgated thereunder, 316(a), Public Law 92-500. 17-3.05(l)(d)(ii) 17-3. OS ( I ) (f ) (I) 2-1-83 244 DER1983 WATER QUALITY STANDARDS 17-3 (ii) Zones of mixing for blow- or other matter in such amounts as down discharges from recirculated to form nuisances; or cooling, water systems, and for (c) Produce color, odor, taste, discharges from non-recirculated turbidity, or other conditions in cooling water systems of existing such degree as to create a nuisance; sources, shall be established on the or basis of the physical and biological (d) Are acutely toxic; or characteristics of the RBW. (e) Are present in concen- (iii) When a zone of mixing is trations which are carcinogenic, established pursuant to this Sub- mutagenic, or teratogenic to human section 17-3.05(1)(f), F.A.C., any beings or to significant, locally otherwise applicable temperature occurring, wildlife or aquatic spe- limitations contained in Section cies; or 17-3.05(1), F.A.C., shall be met at (f) Pose a serious danger to its boundary; however, the Depart- the public health, safety, or wel- ment may also establish maximum fare. numerical temperature limits to be (2) Thermal components of dis- measured at the POD and to be used charges which, alone, or in combina- in lieu of the general temperature tion with other discharges or compo- limits in section 17-3.05(1), nents of discharges (whether thermal F.A.C., to determine compliance by or non-thermal): the discharge with the established (a) Produce conditions so as to mixing zone and the temperature lim- create a nuisance; or its in Section 17-3.05(1), F.A.C. (b) Do not comply with appli- Specific Authority: 403.061, cable provisions of Subsection 403.062, 403.087, 403.504, 403.704, 17-3.05(1), F.A.C. 403.804, F.S. Law Implemented: Specific Authority: 403.061, 403.021, 403.061, 403.087, 403.088, 403.062, 403.087, 403.504, 403.704, 403.141, 403.161, 403.182, 403.502, 403.804, F.S. Law implemented: 403.702, 403.708, F.S. History: 403.021, 403.061, 403.087, 403.088, Formerly 28-5.02, 17-3.02, Amended 403.141, 403.161, 403.182, 403.502, 10-28-70, Amended and Renumbered 403.702, 403.708, F.S. History: 3-1-79. Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 17-3.051 Minimum Criteria for 3-1-79, Amended 1-1-83. Surface Waters. All surface waters of the State shall at all places and 17-3.06 Classification of at all times be free from: Waters, Usage. (1) Domestic, industrial, agri- Specific Authority: 403.061. F.S. cultural, or other, man-induced non- Law Implemented: 403.021, 403.031, thermal components of discharges 403.061, 403.101(1), F.S. History: which, alone or in combination with Formerly 28.506, Amended and other substances or in combination Renumbered as 17-3.081, 3-1-79. with other components of discharges (whether thermal or non-thermal): 17-3.061 Surface Waters: (a) Settle to form putrescent General Criteria. deposits or otherwise create a nui- (1) The criteria of surface sance; or water quality hereinafter provided (b) Float as debris, scum, oil, shall be applied to all surface 17-3.05(1)(f)(ll) -- 17-3.061(1) 2-1-83 245 DER1983 WATER QUALITY-STANDARDS, 17-3. waters except within zones of MIX- portion of a water body. ing. 2. Alternative dissolved oxygen (2) A violation of any of the criteria may be established by- the following surface water quality Secretary or a District Manager' in criteria constitutes pollution. conjunction' With the Issuance of a Additional, more stringent or alter-@ permit 'or other Department action native criteria than Indicated In only after public notice and oppor- this paragraph may, however, be- tunity for public hearing. The specified for individual classes of determination of alternative crite- water under Sections 17-3.091, ria shall be. based on consideration 17-3.111, 17-3.121, 17-3.131, and of the factors described In Section 17-3.141 of this Chapter. 17-36031(2)(a)-(d), F.A.C. (a) Arsenic - shall not exceed 1. Alternative criteria shall 0.05 milligrams per liter. not result In a lowering of 'dis- (b) BOD - shall not be Increas- solved oxygen levels In the water ed to exceed values which would; body, water body segment or any ad- cause dissolved oxygen to be depros- jacent waters, and shall not violate sed below the. limit established for the minimum criteria specified In each class and, In no case shall, It Section 17-3.051, F.A.C. Daily and be great enoUgh to produce nuisance @seasonal fluctuations In dissolved conditions. oxygen levels shall be maintained. (c) Chlorides - in predominant- (h) Fluorides - shall not ex- ly marine waters, the chlorldelcow- ceed 10.0 milligrams per liter as tent shall not be Increased more fluoride Ion., than ten percent (10%) above normal (1) Lead - shall not . exceed background chloride content. Normal .0,05 milligrams per liter. daily and seasonal fluctuations In (j)' Nutrients - The discharge chloride levels shall. be maintained. of, nutrients 'shall continue to be (d) Chromium - shall not exceed. limited as needed to prevent viola- 0.50 milligrams per liter hexavalent tions of other standards contained or 1.0 milligrams per liter total In this Chapter. Man-induced.nutri- chromium in effluent discharge and ent enrichment (total nitrogen or shall not exceed 0.05 milligrams per total phosphorus) shall be consider- liter total chromium after reason- ed degradation In relation to the. able mixing in the receiving water. provisions of Section 11-3.041 and (e) Copper - shall not exceed Section 17-4.242, F.A.Ce 0.5 milligrams per liter. M Oils and Greases: (f) Detergents - shall not ex- 1. Dissolved or emulsified Oils ceed 0.5 milligrams per liter. and greases shall not exceed 5.0 (g) Dissolved Oxygen milligrams per liter. 1. Notwithstanding the specific, 2., No undissolved oil, . or. numerical criteria applicable to In- visible oil defined as Iridescence, dividual classes of water, dissolvedA shall be present so as to cause taste otherwise inter- oxygen levels that are attributable,, or. odor, or to natural background conditions or.- fere r with the beneficial use of man-induced conditions which cannot', waters* be controlled or abated may be. (1) . pH - shall not , vary more, established 'as alternative dissolved th'an one 'unit above or below natural oxygen criteria for a water body or background provided that the' PH Is 17-3.06.1(1) [email protected](2) (1) 2-1-83 2- 4 6 DER 1983 VATER QUALITY STANDARDS oY-3 not lowered to less than 6 units or or greater than 500 micromhos per raised above 8.5 units. If natural centimeter but less than 5,000 background is less than 6 units, the micromhos per centimeter. pH shall not vary below natural (p) Substances in concentrations background or vary more than one which Injure, are chronically toxic unit above natural background. If to, or produce adverse physiological natural background Is higher than or behavioral response in humans, 8.5 units, . the pH shall' not vary animals, or plants - none shall be above natural background or vary present. more: than one unit below background* (q) Substances in concentrations (m) Phenolic compounds'as list- which result In the dominance of -Chlorinated phenols Including.. nuisance species - none shall be t rich lorophenols; chlorinated cteo- present. sols; 2-chlorophenol; 2. 4 dichloro- (r) Turbidity - shall not exceed phenol and pentachlorophenol; 2, 29 Nephelometric Turbidity Units 4-dinitrophenol; phenol - shall. not (NTU's) above natural background. exceed 1.0 micrograms per liter un- (s) Zinc - shall not exceed 1.0 less higher values* are shown not to milligrams per liter. be chronically toxic., Such higher' Specific Authority: 403.061, values shall-be approved In writing 403.062, 403.087, 403.504, 403.704, by the Secretary. Phenolic compounds 403.804, F.S. Law Implemented: other than those produced by the 403.021, 403.061, 403.087, 403.088, natural decay of plant material, 403.141, 403.161, 403.181, 403.502, listed or unlisted, shall not taint 403.102, 403.708, F.S. History: .the flesh Of edible, fish or shell- Formerly 17-3.05(l) and (2), fish or produce objectionable taste Amended 2-12-75, 8-26-75, 6-10-76, or odor In a drinking water supply' Amended and Renumbered 3-1-79, (n) Radioactive Substances: Amended 10-2-80, 2-1-83. 1. Combined radium 226 and, 228 - shall not exceed five pico- 17-3.07 Criteria: Class I curies per liter. Waters - Public Water Supply. 2. Gross alpha particle activi- Specific Authority: 403.061, F.S. ty including radlum 226, but exclud- Law Implemented: 403.021, 403.031, Ing radon and uranium - shall not 403.061, 403.101, F.S. History: exceed fifteen picocurles per liter. Formerly 28-5.07, Amended 7-3-73, (o) Specific Conductance Amended and Renumbered as shall not be Increased more than 17-3.091, 3-1-79. 100% above background levels or to a maximum level of 500 micromhos per 17-3.071 Groundwaters: centimeter In surface waters In General Criteria. which the specific conductance of Specific Authority: 403.061, the water at the surface Is less 403.062, 403.087, 403.504, 403.704, than 560 micromhos per centimeter; .403.804, F.S. Law Implemented: and shall not be Increased more than 403.021, 403.061, 403.087, 403.088, 50% above background level or to a 403.141, 403.161, 403.182, 403.502, maximu 'm level of 5,000-micromhas per 403.702, 403.708, F.S. History: centimeter In surface waters In New 3-1-79, Amended 12-27-79, which the specific - conductance 0 If 1-12-81, 1-19-82, Amended and the water at the surface is', equal to Renumbered as 17-3.401, 1-1-83. 17-3.06IL'(2) (1) 1.71--;3.071 (History) 247 DER1983 WATER QUALLT.V'STANDARDS 1.7-3 117-5.08 Criterlao. Class 11 17-1.081 Classification of Waters - Shellfish. Propagation Surface Waters. Usage. Reclassi- and Harvesting. Specific Authority: 403.061, F.S. Oj All surface waters of the Law Implemented: 403.021, 403.031., State. have been classified according 403.061, 403.101, F.S. History: to designated uses as follows: Formerly 28-5.08, Amended 6-10-72. 8-30-72, 7-3-73., Amended and Renumbered as 17-3.111, 3-1-79. CLASS I Potable Water Supplies CLASS I I Shet-Iffsh Propagation or Harvesting CLASS III Recreation, Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and WIldlife CLASS IV Agricultural Water Supplies CLASS V Navigation, Utltlt.@ and Industrial Use (21 Classification of a water uses of less stringently regulated body according to a particular classifications. Therefore, unless designated use or uses does not clearly Inconsistent with the cri- preclude use of the water for other teria applicable. the designated purposes. uses of less stringently regulated (3) The specific water quality classificatl ons shall .be deemed to criteria corresponding to. each sur- be included within the designated face water classification are listed uses of more stringently regulated In Sections 17-3.091 to 17-3.t4l,. classifications. F.A.C., Inclusive. (6) My person regulated by the (4) Water quality classifica- Department or having a substantial tions are arranged in order of the Interest in this Chapter may seek degree of protection required, with reclassification of waters of the Class I water having generally the State by filing a petition with the most stringent water quality crite- Secretary In the form required by. ria and Class V the least. However, Section 17-1.24, F.A.C. C.lass 1, 11, and III surface waters (7) A petition for reclassifl- share water quality criteria estab- cation shatt. reference and be accom- lished to protect recreation and the panied by the Information necessary propagation and maintenance of a to support the affirmative finding healthy, well-balanced population of required In this Section to support fish and wildlife. the proposed reclassification. (5) Criteria applicable to a (8) All reclassifications of classification are designed to waters of the State shall be adop- maintain the minimum conditions ted, after public notice and public necessary to assure the sultablllt@ hearing, only upon an affirmative of water for the designated use of finding by the Environmental Regu- the classification. In addltlonj lation Commission that: applicable criteria are generally (a) The proposed reclassifica- adequate to maintain minimum condl- Aon will establish the present and tions required for the designated future most beneficial use of the 17-3.08 17-3.081(8)(a) 2-1-83 248 DER1983 WATER QUALITY STANDARDS 17-3 waiters; and liter as CaC03- (b) Such a. reclassification is (2) Ammonia (un-lonized) clearly in the public interest. shall not exceed 0.02 milligrams per (9) Reclassification of waters liter. of the State which establishes more (3) Bacteriological Quality - stringent criteria than presently Coliform group shall not exceed established,by this Chapter shall be 1,000 per 100 milliliters as a adopted, only upon additional affir- monthly average, using either most mative finding by 'the Environmental probable number (MPN) or membrane Regulaition Commission that the pro- filter (MF) counts; nor exceed 1,000 posed designated use, Is attainable, per 100 milliliters in more than 20% upon consideration. of environmental, of the samples examined during any technological, . social, economic, And month; nor exceed 2,400 per 100 mil Institutional factors. Illiters (MPN or MF count) at any Specific Authority: 40.061, time. Based on a minimum of five 403.087, 403.088, 403.804, F.S. samples taken over a 30-day period, Law Implemented: 403 .021, 403.061, the fecal collform bacterial level 403.087, 403.088, 403.141, 403.1610 shall not exceed 200 per 100 milli- 403.182, 403.502, 403.504, 403.702, liters as computed by the log mean, 403.708, F.S. History: Formerly nor shall more than 10% of the total .2,8-5.06, 17-3.06, Amended and samples taken during any 30-day pe- Renumbered 3-1-79, Amended riod exceed 400 per 100 milliliters. 1-1-83, 2-1-83. (4) Barium - shall not exceed I milligram per liter. 17-3.09 Criterla:- Class M (5) Beryllium - shall not ex- waters - Recreation Propagation ceed 0.011 milligrams per liter in .and Managemmt of Fish and Wildlife ' waters with a hardness equal to or Specific Authority.: 403.061, F.S. less than 150 (in milligrams per Law Implemented: 403.021, 403.031, liter of CaCOO, and shall not 403.06141 403.101., F.S. History: exceed 1.10 milligrams per liter in Formerly 28-5 09, Amended 6-10-72, harder waters. 8-30-72, 7-3-@@., Amended and (6) Biological Integrity - the Renumbered as 17-3.121, 3-1-79. Shannon-Weaver diversity index of benthic macroi n vertebrates shall not 17-34911 Criteria: Class I be reduced to less than 75% of back- Waters - Potable Water Supplies. ground levels as measured using The criteria listed below are for organisms retained by a U.S. Stan- 'surface waters designated for use.as dard No. 30 sieve and collected and a potable supply. The standards composited from a minimum of three contained In Sections, 17-3.051 and Hester-Dendy type artificial sub--! 17-3.061, F.A.C.,. shall apply to all. strate samplers of 0.10 to 0.15 waters of this class, unless more square meters area each, incubated stringent levels are specified for a period of four weeks. below. The following criteria' are (7) Cadmium - shall not exceed to be applied except within zones of 0.8 micrograms per liter in a water mixing: with a hardness (in milligrams per (1) Alkall.n.ity. -,,,,Shall. not be liter of CaCOO equal to or less depressed below 20 milligrms, per, than 150, and shall not exceed 17 -3. 01811 (8) (a) 17-3.091M 2 4 9 DER1983 WATER QUALITY STANDARDS 17-3 1.2 micrograms per liter in harder 100 micrograms per liter. waters. (d) 2,4,5-TP - shall not exceed (8) Chlorides - shall not ex- 10 micrograms per liter. ceed two hundred fifty (250) milli- (e) DDT - shall not exceed grams per liter. 0.001 micrograms per liter. (9) Chlorine(total residual)- (f) Demeton - shall not exceed shall not exceed 0.01 milligrams per 0.1 micrograms per liter. liter. (g) Endosulfan - shall not ex- (10) Copper - shall not exceed ceed 0.003 micrograms per liter. 30 micrograms per liter. (h) Endrin - shall not exceed (11) Cyanide - shall not exceed 0.004 micrograms per liter. 5.0 micrograms per liter. (i) Guthion - shall not exceed (12) Dissolved Oxygen - shall 0.01 micrograms per liter. not be less than 5 milligrams per (j) Heptachior - shall not ex- liter. Normal daily and seasonal ceed 0.001 micrograms per liter. fluctuations above this level shall (k) Lindane - shall not exceed be maintained. 0.01 micrograms per liter. (13) Dissolved Solids - not to (l) Malathion - shall not ex- exceed five hundred (500) milligrams ceed 0.1 micrograms per liter. per liter as a monthly average or (m) Methoxychior - shall not exceed one thousand (1,000) milli- exceed 0.03 micrograms per liter. grams per liter at any time. (n) Mirex - shall not exceed (14) Fluorides - shall not ex- 0.001 micrograms per liter. ceed 1.5 milligrams per liter. (o) Parathion - shall not ex- (15) Iron - shall not exceed ceed 0.04 micrograms per liter. 0.3 milligrams per liter. (p) Toxaphene - shall not ex- (16) Lead - shall not exceed ceed 0.005 micrograms per liter. .03 milligrams per liter. (22) Phthalate Esters - shall (17) Mercury - shall not exceed not exceed 3.0 micrograms per liter. 0.2 micrograms per liter. (23) Polychlorinated Biphenyls (18) Nickel - shall not exceed - shall not exceed 0.001 micrograms 0.1 milligrams per liter. per liter. (19) Nitrate - shall not exceed (24) Selenium - shall not ex- 10 milligrams per liter as N or that ceed 0.01 milligrams per liter. concentration determined in (21) (25) Silver - shall not exceed below. 0.07 micrograms per liter. (20) Nutrients - in no case (26) Total Dissolved Gases - shall nutrient concentrations of a shall not exceed 110% of the satura- body of water be altered so as to tion value for gases at the existing cause an imbalance in natural popu- atmospheric and hydrostatic pres- lations of aquatic flora or fauna. sure. (21) Pesticides and Herbicides: (27) Transparency - the depth (a) Aldrin plus Dieldrin - of the compensation point for photo- shall not exceed 0.003 micrograms synthetic activity shall not be per liter. reduced by more than 10% as compared (b) Chlordane - shall not ex- to the natural background value. ceed 0.01 micrograms per liter. (28) Zinc - shall not exceed (c) 2-4-D - shall not exceed 0.03 milligrams per liter. 17-3.091(7) -- 17-3.091(28) 2-1-83 250 DER1983 WATER QUALITY STANDARDS 17-3 Specif Ic Authority: 403.061, 17-3.061, F.A.C., also shall apply 403.062, 403.087, 403.504, 403.704, to all waters of this class, unless 403.804, F.S. Law Implemented: additional or more stringent levels 403.021, 403.061, 403.087, 403.088, are specified below. The following 403.141, 403.161, 403.182, 403.502, criteria are to be applied except 403.702, 403.708, F.S. History: within zones of mixing: Formerly 28-5.07, 17-3.07, Amended (1) Aluminum - shall not exceed 7-3-73, Amended and Renumbered 1.5 milligrams per liter. 3-1-79, Amended 1-1-83, 2-1-83. (2) Antimony - shall not exceed 0.2 milligrams per liter. 17-3010 Criteria: Class IV (3) Bacteriological Quality Waters - Agricultural and Industrial the median coliform MPN (Most Prob- Water Supply. able Number) of water shall not ex- Specific Authority: 403.061, F.S. ceed seventy (70) per hundred (100) Law Implemented: 403.021, 403.031, milliters, and not more than ten 403.061, 403.101, F.S. History: percent (10%) of the samples shall Formerly 28-5.10, Amended 6-10-72, exceed a MPN of two hundred and 8-30-72, Amended and Renumbered thirty (230) per one hundred. (100) as 17-3.131, 3-1-79. milliliters. The fecal coliform - bacterial level shall not exceed a 17-3.101 Criteria: Class 1-8 median value of 14 MPN per 100 mil- Waters - Potable and Agricultural lillters with not more than ten per- Water Supplies and Storage - cent (10%) of the samples exceeding Groundwaters. 43 MPN per 100 milliliters. Specific Authority: 403.061, (4) Biological Integrity - the 403.062, 403.087, 403.504, 403.704, Shannon-Weaver diversity index of 403.804, F.S. Law Implemented: benthic macro[ n verteb rates shall not 403.021, 403.061, 403.087, 403.088, be reduced to less than 75% of 403.141, 403.161, 403.182, 403.502, established background levels as 403.702, 403.708, F.S. History: measured using organisms retained by New 3-1-79, Amended and Re- a U.S. Standard No. 30 sieve and numbered as 17-3.404, 1-1-83. collected and composited from a minimum of three natural substrate 17-3.11 Criteria: Class V samples, taken with Ponar type sam- Waters - Navigation, Utility, and plers with minimum sampling areas of Industrial Use. 225 square centimeters. Specific Authority: 403.061, F.S. (5) Bromine and Bromates - free Law Implemented: 403.021, 403.031, (molecular) bromine shall not exceed 403.061, 403.101, F.S. History: 0.1 milligrams per liter, and bro- Formerly 28-5.11, Amended and mates shall not exceed 100 mill!- Renumbered as 17-3.141, 3-1-79. grams per liter. (6) Cadmium - shall not exceed 17-3.111 Criteria: Class 11 5.0 micrograms per liter. Maters - Shellfish Propagatlion or (7) Chlorine (total residual) - Harvesting. The criteria listed shall not exceed 0.01 milligrams per below are for -surface waters classi- liter. fied as Class 11. The standards (8) Copper - shall not exceed contained in Section '17-3.051 and 0.015 milligrams per liter. 17-3.091 (History) -- 17-3.111(8) 2-1-83 2 5 1 DER1983 WATER QUALITY STANDARDS 17-3 (9) Cyanide - shall not exceed (J) Malathion shall not ex- 5.0 micrograms per liter. ceed 0.1 micrograms per liter. (10) Dissolved Oxygen - the (k) Methoxychlor !-- shall not concentration in all waters shall exceed 0.03 micrograms per liter. not average less than 5 milligrams (1) Mirex - shall not exceed per liter in a 24-hour period and 0.001 micrograms per liter. shall never be less than 4 milli- (m) Parathion - shall not ex- grams per liter. Normal daily and ceed 0.04 micrograms per liter. seasonal fluctuations above these (n) Toxaphene - shall not ex- levels shall be maintained. ceed O.OOS micrograms per liter. (11) Fluorides - shall not ex-r (19) pH - shall not vary more ceed 1.5 milligrams per liter. than one unit above or below natural (12) Iron - shall not exceed background of coastal waters as de- 0.3 milligrams per liter. fined In 17-3.050)(c), F.A.C., or (13) Manganese - shall not ex- more than two-tenths unit above or ceed 0.1 milligrams per liter. below natural background of open (14) Mercury - shall not exceed waters as defined In 17-3.05(l)(c), 0.1 micrograms per liter. F,A.C., provided that the pH is not (15) Nickel - shall not exceed lowered to less than 6.5 units or 0.1 milligrams per liter. raised above 8.5 units. If natural (16) Nutrients - In no case background is less than 6.5 units, shall nutr'lent concentrations of the pH shall not vary below natural a body of water be 'altered so as background or vary more than one to cause an Imbalance In natural unit above natural background for populations of aquatic flora or coastal waters or more than two- fauna tenths unit above natural background i17) Odor - threshold odor num- for open waters. It natural back- ber shall not exceed 24 at 600C as a ground Is higher than B.S units, the daily average. pH shall not vary above natural (18) Pesticides and Herbicides: background or vary more than one (a) Aldrin plus Dieldrin @- unit below natural background of shall not exceed 0.003 micrograms coastal waters or more than two- per liter. tenths unit below natural background (b) Chlordane - shall not ex- of open waters. ceed 0.004 micrograms per liter, (20) Phosphorus (elemental) - (c) DDT - shall not exceed shall not exceed 0.1 micrograms per 0.001 micrograms per liter. liter* (d) Demeton - shall not exceed (21) Polychlorinated Biphenyls 0.1 micrograms per liter. - shall not exceed 0.001 micrograms (e) Endosulfan - shall not ex- per liter. ceed 0.001 micrograms per liter. (22) Selenium - shall not ex- (f) Endrin - shall not exceed ceed 0.02S milligrams per liter. 0.004 micrograms per liter. (23) Silver - shall not exceed (g) Guthion - shall not exceed 0.05 micrograms per liter. 0.01 micrograms per liter. (24) Total Dissolved Gases - (h) Heptachlor - shall not ex- shall not exceed 110% of the satura- ceed 0.001 micrograms per liter. tion value for gases at the existing (I) Undane - shall not exceed atmospheric and hydrostatic pres- 0.004 micrograms per liter. sures* 17--&-3.111 (9) 17-3. 111(24) 2-1-83 2 52 DER11983 WATER QUALITY STANDARDS 17-3 (25) Transparency - the depth (4) Antimony shall not exceed of the compensation point for photo- 0.2 milligrams 'per liter in predomi- synthetic activity shall not be nantly marine waters. reduced by more than 10% as compared (5) Bacteriological Quality - to the natural background value. fecal coliform bacteria shall not Specific Authority: 403.061, exceed a monthly average of 200 per 403.062, 403.087, 403.504, 403.704, 100 ml of sample, nor exceed 400 per 403.804, F.S. Law Implemented: 100 ml of sample in 10 percent of 403.021, 403.061, 403.087, 403.088, the samples, nor exceed 800 per 100 403.141, 403.161, 403.182, 403.SO2, ml on any one day, nor exceed a to- 403.702, 403.708, F.S. History: tal coliform bacteria count of 1,000 Formerly 28-5.08, 17-3.08, Amended per 100 ml as a monthly average, nor 6-10-72, 8-30-72, 7-3-7@, Amended exceed 1,000 per 100 ml in more than and Renumbered 3-1-79, Amended 20 percent of the samples examined 2-1-83. during any month, nor exceed 2,400 per 100 ml at any time. Monthly 17-3.12 Deflnitions. averages shall be expressed as geo- Specific Authority: 403.061, F.S. metric means based on a minimum of Law Implemented: 4030021, 403.031, 10 samples taken 'over a 30 day pe- 403.061, 403.101, F.S. History: rlod. Either MPN or MF counts may Formerly 28-S.12, Amended and be utilized. Renumbered as 17-3.021, 3-1-79. (6) Beryllium - in predominant- ly fresh waters shall not exceed 17-3.121 Crite0a: Class 111 0.011 milligrams per liter in waters Waters - Recreation - Propagation with a hardness equal to or less and Maintenance of a Healthy, Well- than 150 (in milligrams per liter of Balanced Population of Fish and CaC03) and shall not exceed 1.10 Wildlife. The criteria listed below milligrams per liter in harder are for surface waters classified as waters., Class Ill. The standards contained (7) Biological Integrity - the in Sections 17-3.051 and 17-3.061, Shannon-Weaver diversity index of F.A.C., also apply to all waters of benthic macroinverteb rates shall not this classification unless addition- be reduced to less than 75 percent al or more stringent criteria are of established background levels as specified below. The following measured using organisms retained by criteria are to be applied except a U.S. Standard No. 30 sieve and, in within zones of mixing. predominantly fresh waters, collect- (1) Alkalinity - shall not be ed and composited from a minimum of depressed below 20 milligrams per three Hester-Dendy type artificial liter as CaC03 in predominantly substrate samplers of 0.10 to 0.15 fresh waters. m2 area each, incubated for a (2) Aluminum - shall not exceed period of four weeks; and, in pre- 1.5 milligrams per liter In predomi- dominantly marine waters, collected nantly marine waters. and composited from a minimum of (3) Ammonia (un-lonized)' - three natural substrate samples, shall not exceed 0.02 milligrams taken with Ponar type samplers with per liter In predominantly fresh minimum sampling area of 225 square waters. centimeters. 17-3*111(25) -- 17-3.121(7) 2-1-03 253 DER1983 WATER. QUALITY.,STANDARDS (8) Bromine and Bromates - free (16) Lead shall not exceed (molecular) bromine shall not exceed .03 milligrams per liter in predoml- 0.1 milligrams per liter In predomi- nantly fresh waters. nantly marine waters, and bromates (17) Mercury - shall not exceed shall not exceed 100 milligrams per 0.1 micrograms per liter In pre- liter in predominantly marine dominantly marine waters; shall not waters. exceed 0.2 micrograms per liter in (9) Cadmium - shall not exceed predominantly fresh waters. 5.0 micrograms per liter In predomi- (18) Nickel - shall not exc6ed nantly marine waters; shall not 0.1 milligrams per liter. exceed 0.8 micrograms per liter in (19) Nutrients - In no case predominantly fresh waters In water shall nutrient concentrations of a with a hardness (in milligrams per body of water be altered so as to liter of CaC03) of less than 150, cause an Imbalance In natural popu- and shall not exceed 1.2 micrograms lations of aquatic flora or fauna. per liter in harder waterse (20) Pesticides and Herbicides: (10) Chlorine (total residual), (a) Aldrin plus Dieldrin - - shall not exceed 0.01 milligrams shall not exceed 0.003 micrograms per liter. per liter. (11) Copper - shall 'not exceed (b) Chlordane - shall not ex- .015 milligrams per liter. in pre- ceed 0.01 micrograms per liter in dominantly marine waters; shall not predominantly fresh waters and shall exceed .01 milligrams per liter In not exceed 0.004 micrograms per If- predominantly fresh waters. ter In predominantly marine waters. (12) Cyanide - shall not exceed (c) DDT - shall not exceed 5.0 micrograms per liter, 0.601 micrograms per liter, (13) Dissolved Oxygen @ In pre- (d) Demeton - shall not exceed dominantly fresh waters, the concen- 0,11 micrograms per liter. tration shall not be less than 5 (e) r:ndosulfan - shall not ex- milligrams per liter. In peedoml@- ceed 0.003 micrograms per liter In nantly marine waters, the concentraw- predominantly fresh waters and s ' hall tion shall not average less than 5 not exceed 0.001 micrograms per fl- milligrams per liter in a .24-hour ter In predominantly marine waters. period and shall never be less than (f) Endrin - shall not exceed 4 milligrams per liter. Normal 0.004 micrograms per liter. daily and seasonal fluctuations (g) Guthlon - shall not exceed above these levels shall be maln- 0.01 micrograms per liter. tained in both predominantly fresh (h) Heptachlor -!- shall not ex- waters and. predominantly marine ceed 0.001 micrograms per liter. waters. (1) Undane - sball not exceed (14) Fluorides - shall not ex- 0.01 micrograms per liter In predom- ceed 5.0 milligrams per 11ter In, inantly fresh waters and shall not predominantly marine waters. exceed 0.004 micrograms per liter In (15) Iron - shall not exceed', predominantly marine waters. 1.0 milligrams per liter in predomi- (1) Malathion - shall not ex- nantly fresh waters; 0.3 milligrams ceed 0.1 micrograms per liter. per liter In predominantly marine (k) Methoxychlor - shall not waters. exceed 0.03 micrograms per liter. 17-3.121(8) -- 17-3.121(20)(k) 2-1-83 2 5 4, DER1983 WATER QUALITY STANDARDS J-3 (1) Myrex shall not exceed exceed 0.025 milligrams per liter. 0.001 micrograms per liter. (26) Silver - shall not exceed (m) Parathion - shall not ex- 0.07 micrograms per liter in predom- ceed 0.04 micrograms per liter. inantly fresh waters and 0.05 micro- (n) Toxaphene - shall not ex- grams per liter in predominantly ceed 0.005 micrograms per liter. marine waters. (21) PH - shall not vary more (27) Total Dissolved Gases - than one unit above or below natural shall not exceed 110% of the satura- background of predominantly fresh tion value for gases at the existing waters and coastal waters as defined atmospheric and hydrostatic pres- in 17-3.05(l)(c), F.A.C., or more sures. than two-tenths unit above or below (28) Transparency - the depth natural b *ackground of open waters as of the compensation point for photo- defined in 17-3.05(l)(c), F.A.C., synthetic activity shall not be provided that the PH is not lowered reduced by more than 10% compared to to less than 6 units In predominate- the natural background value. ly fresh waters, or less. than 6.5 (29) Zinc - shall not exceed units in predominately marine wa- .03 milligrams per liter In predomi- ters, or raised above 8.5 units. If nantly fresh waters. natural background Is less than 6 Specific Authority: 403.061, units, In predominately fresh waters 403.062, 403.087, 403.504, 403.704, or 6.5 units In predominately marine 403.804, F.S. Law Implemented: waters, the PH shall not vary below 403.021, 403.061, 403.087, 403.088, natural background or vary more than 403.141, 403.161, 403.182, 403.502, one unit above natural background 403.702, 403.708, F.S. History: of predominately fresh waters and Formerly 28-5.09, 17-3.09, Amended coastal waters, or more than two- 6-10-72, 8-30-72, 7-3-73, Amended tenths unit above natural background and Renumbered 3-1-79, Amended of open waters. If natural back- 2-1-83. ground is higher than 8.5 units. the PH shall not vary above natural 17-3.13 Drainage Wells, Permits. background or vary more than one Specific Authority: 403.061, F.S. unit below natural background of Law Implemented: 403.021, 403.031, predominately fresh waters and 403.061, 403.182, F.S. History: coastal waters, or more than two- Formerly 28-5.13, Repealed 3-1-79. tenths unit below natural background of open waters. 17-3.131 Criteria: Class IV (22) Phosphorus (elemental) Waters - Agricultural Water Supplies. shall not exceed 0.1 micrograms The criteria listed below are for per liter in predominantly marine surface waters classified as Class waters. IV. The standards established in (23) Phthalate Esters - shall Sections 17-3.051 and 17-3.061, not exceed 3.0 micrograms per liter F.A.C., also apply to all waters of in predominantly fresh waters. this classification, unless addi- (24) Polychlorinated Biphenyls tional or more stringent criteria - shall not exceed-0.001 micrograms are specified below. The following per liter. criteria are to be applied except (25) Selenium - shall not within zones of mixing. 17-3.121(20)(1) -- 17-3.131 2-1-83 2 5 5 DER1983 WATER QUALITY STANDARDS 17-3 (1) Alkalinity - shall not ex- 403.101, 403.182, F.S. History: ceed 600 milligrams per liter as Formerly 28-5.14, Repealed 3-1-79. CaCO3. (2) Beryllium - shall not ex- 17-3.141 Criteria: Class V ceed 0.1 milligrams per liter in Waters - Navigation, Utility and waters with a hardness in milligrams Industrial Use. The criteria listed per liter of CaCO3 of less than below are for surface waters clas- 250 and shall not exceed0.5 milli- sified as Class V. The standards grams per liter in harder waters. contained in Sections 17-3.051 and (3) Boron - shall not exceed 17-3.061, F.A.C., also apply to all 0.75 milligrams per liter. waters of this classification unless (4) Color, odor, and taste additional, alternative or more producing substances and other dele- stringent criteria are specified terious substances, including other below. The following criteria are chemical compounds, attributable to to be applied except within zones of domestic wastes, industrial wastes, mixing: and other wastes - only such amounts (1) Cyanide - shall not exceed as will not render the waters un- 5.0 micrograms per liter. suitable for agricultural irriga- (2) Dissolved Oxygen - shall tion, livestock watering, industrial not be less than 2.0 milligrams per cooling, industrial process water liter. supply purposes or fish survival. (3) Mercury - shall not exceed (5) Cyanide - shall not exceed 0.2 micrograms per liter. 5.0 micrograms per liter. (4) Odor producing substances - (6) Dissolved Oxygen - shall only in such amounts as will not not average less than 4.0 milligrams unreasonably interfere with the per liter in a 24-hour period and use of the water for the desig- shall never be less than 3.0 milli- nated purpose of this classifi- grams per liter. cation. (7) Iron - shall not exceed 1.0 (5) pH - not lower than 5.0 nor milligrams per liter. greater than 9.5 except certain (8) Mercury - shall not exceed swamp waters which may be as low as 0.2 micrograms per liter. 4.5. (9) Nickel - shall not exceed Specific Authority: 403.061, 0.1 milligrams per liter. 403.062, 403.087, 403.504, 403.704, Specific Authority: 403.061, 403.804, F.S. Law Implemented: 403.062, 403.807, 403.087, 403.704, 403.021, 403.061, 403.087, 403.088, 403.804, F.S. Law Implemented: 403.141, 403.161, 403.182, 403.502, 403.021, 403.061, 403.087, 403.088, 403.702, 403.708, F.S. History: 403.141, 403.161, 403.182, 403.502, Formerly 28-5.11, 17-3.11, Amended 403.702, 403.708, F.S. History: and Renumbered 3-1-79, Amended Formerly 28-5.10, 17-3.10, Amended 1-1-83. 6-10-72, 8-30-72, Amended and Renumbered 3-1-79, Amended 2-1-83. 17-3.15 Effective Date of Permits 17-3.14 Drainage Wells, Specific Authority: 403.061, F.S. Applications. Law Implemented: 403.021, 403.061, Specific Authority: 403.061, F.S. 403.182, F.S. History: Formerly Law Implemented: 403.021, 403.061, 28-5.15, Repealed 3-1-79. 17-3.131(1) -- 17-3.15(History) 2-1-83 256 DER1984 WATER QUALITY STANDARDS 17-3 17-3.151 Criteria: Class V-B created under Section 373.069, F.S., Waters - Freshwater Storage and and that is permitted by such water Utility and Industrial Supply - management district pursuant to Sec- Groundwaters. tion 373.103, Section 373.413, or Specific Authority: 403.061, Section 373.416, F.S. Agricultural 403.062, 403.087, 403.504, 403.704, areas shall generally include lands 403.804, F.S. Law Implemented: actively used solely for the produc- 403.021, 403.061, 403.087, 403.088, tion of food and fiber which are 403.141, 403.161, 403.182, 403.502, zoned for agricultural use where 403.702, 403.708, F.S. History: county zoning is in effect. Agri- New 3-1-79, Amended and Re- cultural areas exclude lands which numbered as 17-3.405 and are platted and subdivided or, in a 17-3.406, 1-1-83. transition phase to residential use; 17-3.16 Drainage Wells, (b) Jumping Gully Creek, Hamil- Drilling Requirements. ton County, is unclassified; and Specific Authority: 403.061, F.S. (c) The following listed water Law Implemented: 403.021, 403.061, bodies are classified as Class 10 403.182, F.S. History: Formerly Class 11, or Class V: 28-5.16, Repealed 3-1-79. 1. Alachua County - none. 2. Baker County - none. 17-3.161 Classified Waters. 3. Bay County (1) The surface waters of the State of Florida are classified as Class I Class III - Recreation, Propagation Bayou George and Creek - I mpoundment and Maintenance of a Healthy, Well- to source. Balanced Population of Fish and Bear Creek Impoundment to source. Wildlife, except for certain waters Big Cedar Creek - Impoundment to which are described in this section. source. A water body may be designated as an Deer Point Impoundment - Dam to Outstanding Florida Water in addi- sourcee tion to being classified as Class 1, Econfina Creek - Upstream of Deer Class 11, or Class 111. Outstanding Point Impoundment. Florida Waters are listed in Section 17-3.041, F.A.C. Class 11 (2) Exceptions to Class III: East Bay and Tributaries - East of (a) All secondary and tertiary U.S. Highway 98 to, but excluding, canals . whol,ly within agricultural Wetappo Creek. areas are classified as Class IV and North Bay and Tributaries - North of are not individually listed as ex- U.S. Highway 98 to Deer Point Dam ceptions to Class Ill. "Secondary excluding Alligator and Fanning and tertiary canals" shall mean any Bayous. whol,ly artificial canal or ditch West Bay and Tributaries - West of which is behind a control structure North Bay (line from West Bay and which is part of a water control Point on the north to Shell Point system that is connected to the on the South) except West Bay orks (set forth in Section 373.086, Creek (northwest of Channel Marker F.S.) of a water management district 27C off Goose Point), Crooked w 17-3.151 -- 17-3.161(2)(c)3. 4-1-84 2 5 7 DER1983 WATER QUALITY STANDARDS 17-3 Creek (north of a line from Crook- Port Charlotte Canal System - Sur- ed Creek Point to Doyle Point), face waters lying upstream of, or and Burnt Mill Creek (north of a directly connected to, Fordham line from Graze Point to Cedar Waterway upstream of Conway Boule- Point. vard. Prairie Creek - DeSoto County Line 4. Bradford County - none to Shell Creek. S. Brevard County Shell Creek Headwaters to Ridge Harbor. Class I St. Joh.ns River and Tributaries - Class 11 Lake Washington Dam south through Bull Bay - mean high water to Char- and including Sawgrass Lake, Lake lotte County Line. Rellen Blazes, to Indian River Charlotte Harbor - to south Char- County Line. lotte County Line. Gasparilla Sound - Placida harbor to Class I I Charlotte County Line. Goat Creek Lemon Bay and Tributaries - N. Char- Indtim River - Barnes Blvd., south lotte County Line South to Placida to, South Section Line of Section Harbor and bounded on the east by 29, T26S, R37E, Palm Shores. SR 775. Indian River - Cape Malabar 'south to Myakka River - N. Charlotte County S. Brevard County Line. Line south to Charlotte Harbor. Indian River - N. Brevard County Placida Harbor - to mean high water. Line south to Florida East Coast Turtle Bay - mean high water to Raillroad. Crossing (vicinity Jay Charlotte County Line. Jay). Kid Creek. 9. Citrus County MOSqUitG Lagoon - North Brevard County Line south to Max Hoeck Class 11 Creek. Tidal Creeks and coastal waters - Trout Creek. Latitude 289S41 N., south to Her- nando County line with the excep- 6. Broward County tion of waters which are bounded by and Including the Crystal River Class I on the north, St. Martins River Abandoned Rock Pit - Northeast cor- on the south, barrier islands on ner of SR 7 and Prospect Field the west, and the mainland on the Road in the S.W. Quarter of Sec- east. tion 7, T49S, R42E. 10. Clay County - none. 7. Calhoun County - none. 11. Collier County 8. Charlotte County Class I I Class I Cocohatchee River. Alligator Creek - North and south Connecting Waterways - Wiggins Rass prongs from headwaters to SR south to Outer Doctors Bay. 765-A. Dollar Bay. 17-3.161(2)(03. -- 17-3.1610)(011. 2-1-83 2 5 8 DER1983 WATER QUALITY STANDARDS 17-3 Inner and Outer Clam Bay. Amelia Rivers south to Flashing Inner and Outer Doctors Bay. Marker 117211, thence eastward along Little Hickory Bay* Ft. George River to Ft. Geoge Naples Bay. Inlet and includes Garden Creek Tidal Bays and Passes - Rookery Bay and both prongs of Simpson Creek. south and easterly through Ten Nassau River and Creek - Nassau Thousand Islands to Monroe County Sound to Seymore Point. Line. Pumpkinhill Creek Wiggins Pass. 17. Escambia County 12. Columbia County none. 13. Dade County Class I I Escambia Bay - Louisville and Nash- Class IV ville Railroad Trestle south to Miami River - Salinity barrier east- Pensacola Bay (Line from Emanuel erly 5.7 miles to Biscayne Bay. Point east northeasterly to Garcon I Point)- 14. DeSoto County Pensacola Bay - East of a line con- necting Emanuel Point on the north Class I to the south end of the Pensacola Horse Creek - Vicinity Jct. SR 760 Bay Bridge (U.S. Highway 98). and SR 761 to Peace River. Santa Rosa Sound - east of a line Prairie Creek - Headwaters to Char- connecting Gulf Breeze approach to lotte County Line. Pensacola Beach, Bascule Bridge, and Sharp Point with exception 15. Dixie County of the Navarre Beach area from Channel Marker 1110911 to Navarre Class I I Bridge. Coastal Waters - Horseshoe Point south to the basin boundary of 18. Flagler County .USGS Basin' 09K as delineated on USGS Map, "Drainage Basins Class I I in Florida", Map Series No. 28, Matanzas River (Intracoastal Water- October 1967. way) - N. Flagler County Line Tidal Creeks - north of, but exclud- south to Fl. Marker "109". Ing the mouth of, the Suwanee Pellicer Creek. River and south of Horseshoe Point from Suwannee River or Gulf of 19. Franklin County Mexico to source. Class 11 16. Duval County Alligator Harbor - East from a line from Peninsula Point north to St. Class 11 James Island to mean high water. Ft. George River - Ft. George Inlet Apalachicola Bay - with exception of north to Nassau - St. Marys/ area encompassed within 2-mile St. Johns Basin Boundary. radius from Apalachicola entrance Intracoastal Waterway and tribu- of John Gorrie Memorial Bridge. taries - confluence of Nassau and East Bay - with the exception of 17-3.161(2)(611. -- 17-3.161(2)(c)19. 2-1-83 2 5 9 DER1983. WATER OUALIT-Y STANDARDS 17-3 area encompassed within 2-mile Class I radius from Apalachicola entraftee Lake Okeechobee. of John Gorrie Memorial Bridge. Gulf of Mexico - North of a lihe 27. HerrNando County - none. from Peninsula Point on Afligator 28. Highlands County - none. Point to the northeastern tip of 29. Hillsborough County Dog Island and bounded on the east by Alligator Harbor and west by Class I St. George Sound. Cow House Creek - Hillsborough River Ochlockonee Bay - Confluence of Sop- to source. choppy and Ochlockonee Rivers to Hillsborough River - City of Tampa Gulf of Mexico. Water Treatment Plant Dam to Flint St. George Sound - Gulf of Mexlcb Creek. westerly to Apalachicola Bay. St. Vincent Sound - Apalachicola Ray' Class I I to Indian Pass. Old Tampa Bay - All waters within Tributaries to East Ba@ @- thes6 Hill'sborough CDunty bounded on the tributaries within USGS Basin 110 north by SR 60 (Courtney Campbell as delineated on USGS Map, "Drain- Parkway), then south by Interstate age Basins-in Florida", Map Series 4 (Howard Fran klin Bridges), the Noi. 28, October 1967. West by the county line, and the east by the line of mean high 20. Gadsden County water. Old Tampa Bay and Mobbly Bay - Class I Beginning at the Intersection of Holman Branch SR 210-A to sourke;. the' north shore of SR 60 '(Courtney Mosquito 0@eek U.S. Highway 90 Campbell Parkway) and Longitude north to Florida State Line. 8203514511 west, thence due north Quincy Creek *- SR 65 to sour'c04% to the line of mean high water, thence westward along the line of 21. Gilchrist County - none, mean high water., including Rocky 22. Glades County and Double Branch Creeks to SR 580 and up the upper Tampa Bay water- Class I -shed canal to a line connecting Lake Okeechobee the lines of -mean high wker on the outer sides of the canal 23. Gulf County banks, to the county line, thence southerly along the county line Class I I to SR 60, thence along the north Indian Lagoon - West of Indian Pass shore of SR 60 to the point of and St. Vincent Sound. beginning. St. Joseph Bay - South and west of Tampa Bay - Beginning at Gadsden a line from St. J *oseph Point to Point, thence along a line con- vicinity Port St. Joe. necting Gadsden Point and the Intersection of Gadsden Point Cut 24. Hamilton County - none. and Cut "A" to a point one-half 25. Hardee County - none. nautical mile Inside said Inter- 26. Hendry County section, thence westward along a 17-3.161(2)(c)'19.@- 17-3.1610)(029. 2-1-83 2 6 0 DER1983 WATER QUALITY STANDARDS 17-3 line one-half nautical mile Inside Class I I and parallel to Gadsden Point Cut, Indian River - Sebastian Inlet (N. Cut "G", Cut "J", Cut IIJ211, and Indian River County Line) south to Cut "V, to the line of mean high Wabasso vicinity east of channel water, thence along the line of centerline. mean high water to the point of Indian River - Wabasso vicinity beginning. south to vicinity North Relief Tampa Bay - Beginning at the Inter- Canal. section of the Hillsborough County Line and the line of mean high 32. Jackson County water, thence to the rear range marker of Cut I'D", thence norther- Class I ly along the line of Cut I'D" range Econfina Creek - Bay County Line to to a point one-half nautical mile source. inside the southern boundary of Cut "C", thence along a line one- 33. Jefferson County half mile inside and parallel to Cut "C", Cut I'D", and Cut "Ell to Class I I a point with Latitude 27045'40" Coastal waters - Mouth of Aucilla north and Longitude 8203014011 River west to Wakulla County Line west, thence to a point Latitude excluding mouths of drainage 270471 north and Longitude 82*27' areas. west, thence on a true bearing of 1400 to the line of mean high 34. Lafayette County - none. water, thence along the line of 35. Lake County - none. mean high water to the western tip 36. Lee County of Mangrove Point, thence to the northwestern tip of Tropical Is- Class I land, thence eastward along the Caloosahatchee River - E. Lee County line of mean high water to the Line to South Florida Water Man- eastern tip of Goat Island, thence agement District Structure 79. due south to the line of mean high water, thence along the line of Class 11 mean high water to the point of Charlotte Harbor. beginning. Hell Peckish Bay. Tampa Bay - Hillsborough County por- Matanzas Pass San Carlos Bay to tion west of the Sunshine Skyway Estero Bay. and from the three fathom depth Matlacha Pass Charlotte Harbor to contour up to the line of mean San Carlos Bay. high water. Pine Island Sound - Charlotte Harbor to San Carlos Bay. 30. Holmes County - none. San Carlos Bay. 31. Indian River County 37. Leon County - none. Class 1 38. Levy County St. Johns River and Tributaries Brevard County Line south through Class 11 and including Blue Cypress Lake to Tidal Creeks within USGS Sub-basin SR 60. 09.15 south of, but excluding the 17-3*161(2)(c)29. -- 17-3.161(2)(c)38. 2-1-83 2 6 1 DIER11983 WATER QUALITY STANDARDS 17-3 mouth of, the Suwannee River from Peck's Lake. Suwannee River or Gulf of MeXj;o Indian River - N. Martin County Line to source. south to St. Lucie Inlet, east of Tidal Creeks and coastal waters - Channel centerline. South from USGS Basin boundary Loxahatchee River - Above Florida line 09H separating the Suwannee East Coast Railroad Bridge includ- Basin from the Withlacoochee Basin ing South, Northwest, and North to the Withfacoochee River exclud- Forks.. ing the Cedar Key area and the mouth of the Withlacoochee River. 44. Monroe County 39. Liberty County none. Class 11 40. Madison County nQqe. Monroe County Coastline - North Mon- 41. Manatee County roe County Line south and includ- Ing Florida Bay within Everglades Class I National Park. Manatee River - Rye Bridge Road to.- the sources thereof, including but 45. Nassau County not limited to the following trib-!- utaries: -the East Fork of the Class 11 Manatee River, the North Fork of Alligator Creek. the Manatee River, Boggy Creek, Nassau River and Creek - Nassau Gilley Creek, Poley Branch., Corbit Sound to Seymore Point. Branch, Little Deep Branch, Fisher South Amelia River - Nassau River Branch, Ft. Crawford Creek, Webb north to Harrison Creek. Branch, Clearwaer Branch, Craig Branch, and Guthrey Branch. 46. Okaloosa County Ward Lake - SR 70 to source (SR 675). Class 11 Choctawatchee Bay and Tributaries Class 11 Eastward from a line from White Palma Sola Bay Point southwesterly through *FI. Passage Key Area - Egmont Key to Light Marker 11211 of the Intra- Anna Maria Island. coastal Waterway . to the Walton Sarasota Bay - East-west line County Line. through marker 114811 on Intra- Rocky Bayou - Choctawatchee Bay to coastal Waterway south to Manatee . Rocky Creek. County Line. Santa Rosa Sound - From a north-, Terra Ceia Bay To Terra Cela south line through Manatee Point Point. west to the Santa Rosa County Line. .42. Marion County - none 43. Martin County 47, Okeechobee County Class I Class I Lake Okeechobee. Lake Okeechobee. Class 11 48. Orange County none. Great Pocket St. Lucie River to 49. Osceola County none. 17-3.161(2)(c)38. 17-3.161(2)(c)49. 2-1-83 2 6 2 DER1984 WATER QUALITY STANDARDS 17-3 50. Palm Beach County Tolomato River (North River) and Tributaries - From a line connect- Class I Ing Spanish Landing to Booth Land- Canal C-18 (freshwater portion). ing south to Intracoastal Waterway City of West Palm Beach Water Catch- marker number 55. ment Area. Clear Lake. 56* St. Lucie County Lake Mangonla. Lake Okeechobee. Class I I M-Canal L-8 to Lake Mangonia. Indian River - Middle Cove vicinity south to S. St. Lucie County Line, Class I I east of Channel centerline. Canal C-18 - Salinity barrier to Indian River - N. St. Lucie County Loxahatchee River. Line south to Garfield Point. Loxahatchee River - Above Florida East Coast railroad Bridge includ- 57. Santa Rosa County ing South, Northwest, and North Forks. Class I I Blackwater Bay - From a line con- 51.'Pasco County - none. necting Robinson's Point to Broad 52. Pinellas County River south to East Bay (line due west from Escriban Point). Class I I East Bay - Blackwater Bay (line due Mobbly Bay - Portion In Pinellas west from Escribano Point) south- County. erly to Pensacola Bay (line from Mullet Key Area. Garcon Point on the North to Red- Old Tampa Bay - Gandy Causeway to fish Point on the South). Safety Harbor. Escambla Bay - Louisville and Nash- Safety Harbor to Old Tampa Bay. ville Railroad Trestle south to Tampa Bay - South Pinellas County Pensacola Bay (Line from Emanuel Line to Gandy Causeway. Point east northeasterly to Garcon Point). 53. Polk County - none. Pensacola Bay - East of a line con- 54. Putnam County - none. necting Emanuel Point on the north 55. St. Johns County to the south end of the Pensacola Bay Bridge (U.S. Highway 98). Class 11 Santa Rosa Sound - From a line con- Guano River and Tributaries - From necting Gulf Breeze approach to Guano Lake Dam south to Tolomato Pensacola Beach, Bascule Bridge, River and Sharp Point east to Santa Matanza; River, Intracoastal Water- Rosa/Okaloosa County line with way and Tributaries, excluding exception of the Navarre Beach Treasure Beach Canal System - From area from Channel Marker 1110911 to Intracoastal 'Waterway marker num- Navarre Beach. ber 29 south to Flagler County Tributaries to East Bay - Those Line. tributaries within USGS Basin 12B Pellicer Creek as delineated on USGS Map, "Drain- Salt Run - *Ail waters south of an age Basins in Florida", Map Series east-west connecting Lighthouse No. 28, October 1967. Park boat ramp with Conch Island. 17-3.1610)(050, 17-3.1610)(057. 2 6 3 DER1984 WATER QUALITY STANDARDS 17-3 58. Sarasota County portion of King Bay west and north of a line from westernmost tip of Class I Porter Island south to Hungry Big Slough Canal - South to U. S. Point. 41. Myakk.a River - Myakka vicinity 66. Walton County through Upper and Lower Myakka Lakes to Manhattan Farms. Class I I Choctawatchee Bay and Tributaries - Class I I Eastward from the Okaloosa County Lemon. Bay - Forked Creek south to Line and south of a line from Char,lotte County Line. Alaqua Point to Wheeler Point to Myakka, River -S.W. North Port Cha,r- the eastern sources. lotte Limit, south to Charlotte County, Line. 67. Washington County Sarasota Bay - West of Center (in- tri1cpastal Waterway). Class I Ecofina Creek. 591-, Seminole County - none. 60. Sumter County - none. Specific Authority: 403.061, 6 1. Suwanee County - none. 403.062, 403.087, 403.504, 403.704, @2. Taylor County 403.804, F.S. Law Implemented: 403.021, 403.061, 403.087, 403.088, Class V 403.141, 403.161. 403.182, 403.SO2, Fen.holl9way, River. 403.702, 403.708, F.S. History: New 3-21-68, Formerly 28-5.21, 03,. Union County - none. Amended 3-4-71, 7-13-78, 3-5-80, 0..44 Volusia, County 7-26-81, 1-1-83, 2-1-83, 4-1-84. Class 11 17-3.17 Drainage Well Permit Indian River North - Channel Marker Revocation and Alodification. 57 south to Mosquito Lagoon. Specific Authority: 403.061, F.S. Mosquito. Lagoon - Indian River North Law Implemented: 403.021, 403.061, sou,th. to S. Volusia County Line. 403.182, F.S. History: Formerly 28-5.17, Repealed 3-1,-7-9. 6.5. Wakul.la County 17-3.18 Test Wells and Borings. Class 11 Specific Authority: 403.061, F.S. Coastal. waters - Jefferson County Law Implemented: 403.021, 403.061, Line west to Live Oak Point ex- 403.101, 403.182, F.S. History: clu#kng. mouths of drainage areas. Formerly 28-5.18, Repealed. 3-1-79. Oyster Bay, Apalachee Bay, and Trib- utaries West of a line from 17-3.19, Abandoned Wells. western tip of Shell. Point south, Specific Authority: 403.061, F.S. to FL. 4 sec. marker and southerly Law Implemented: 403.021, 403..061, to, Ochlockonee Point., with the F.S. History: Formerly 28-5.19.., exception of Spring Creek and Repeated 3-1-79. 17-3.161(2)(c)58.. -- 17-3.19(History) 4-1-84 2 6 4 DER1983 WATER QUALITY STANDARDS 17-3 17-3.20 Pollution Surveys. water set forth in this part, dis- Specific Authority: 403.061, F.S. charge to ground water shall not Law Implemented: 403.021, 403.061, impair the designated use of con- 403.101, 403.182, F.S. History: tiguous surface water. Formerly 28-5.20, Amended and (6) Compliance with ground Renumbered as 17-4.247, 3-1-79. water standards shall be determined by analyses of unfiltered ground 17-3.21 Classified Waters. water samples, . unless a filtered Specific Authority: 403.061, F.S. sample is as or more representative Law Implemented: 403.021, 403.061, of the particular ground water F.S. History: Formerly 28-5.21, quality. Amended 6-10-72, 10-4-74, (7) For owners of installations Amended and Renumbered as having filed a complete application 17-3.161, 3-1-79. for a Chapter 403 permit covering water discharges as of January 1, 17-3.22 Application Forms. 1983, or discharging pollutants to Specific Authority: 403.061(7), ground water as of July 1, 1982, F.S. Law Implemented: 120.53(l), compliance with the minimum criteria 403.06105), 403.061(16), F.S. set forth in Section 17-3.402, History: New 4-25-77,, Transferred F.A.C., shall be determined by to 17-1.1221(l), 2-18-79. analysis of the constituents of the waste stream of the installation PART IV causing the discharge; provided, WATER QUALITY CRITERIA - however, that the installation owner GROUND WATER may, at his option, place a monitor- ing well Immediately outside the 17-3.401 Ground Water: General. site boundary to measure compliance (1) This part contains criteria with the minimum criteria, as long which are applicable to ground as the discharge poses no danger water. to the public health, safety or (2) In order to determine if welfare. the ground water criteria in this Specific Authority: 403.061, part are being met, ground water 403.062, 403.087, 403.504, 403.704, quality shall be monitored in accor- 403.804, F.S. Law Implemented: .dance with this Section and Section 403.021, 403.061, 403.087, 403.088, 17-4.245, F.A.C. 403.141, 403.161, 403.182, 403.502, (3) A violation of any ground 403.702, 403.708, F.S. History: water criterion contained in this Formerly 17-3.071, Amended and part constitutes pollution. Renumbered 1-1-83. (4) In addition to any tech- nology-based effluent limitations 17-3.402 Minimum Criteria for required by Department rule, the Ground Water. Department may also specify water (1) All ground water shall at quality-based effluent limitations all places and at all times be free to assure that the water quality from domestic, industrial, agricul- criteria will be met. tural, or other man-induced non- (5) Notwithstanding the clas- thermal components of discharges in sification and criteria for ground concentrations which, alone or in 17-3.20 17-3.402(l) 2-1-83 2 6 5 DER1983 WATER QUALFTY STANDARDS 17-3 combination with other substances, Include notification of the particu- or components of discharges (whethdr lar substance and prohibited concen- thermal or non-thermal): tration level being proposed. The (a) Are harmful to plants, ani- notice shall be submitted to the mals, or organisms that are native Florida Administrative Weekly at the to the soil and responsible for time it is sent to the permit appli- treatment or stabilization of the cant for publication. discharge relied upon by Department (c) The Department shall notify permits; or the Commission semiannually of every (b) Are carcinogenic ' mutagen- application- of a determination to a ic, teratogenic, or toxic to human discharger made by the Secretary beings, unless specific criteria are during the preceding six months pur- established for such components In suant to subsection (a) for any con- 17-3.404; or stituent and concentration level not (c) Are acutely toxic to indig- adopted by the Commission as a rule. enous species of significance to the The notification shall Identify the aquatic community within surface discharger(s) to whom the applica- waters affected by the ground water tion of a determination has been at the point of contact with surface made,, the type of industry, the con- waters; or stituent and concentration level set (d) Pose a serious danger to and a summary of the basis for the the public health, safety, or wel- determination. At the written fare; or request of the Commission or any (e) Create or constitute a nui- substantially affected member of the sance; or public, the Department shall, within (f) Impair the reasonable and 120 days of the written request, beneficial use of adjacent waters. submit to the Florida Administrative (2) The minimum criteria shall Weekly a notice of rulemaking pur- not apply to Class G-IV ground suant to Section 120.@4(1), F.S., on water, unless the Department deter- the determination for the particular mines there is a danger to the constituent and concentration level. public health, safety,or welfare. that is the subject of a notifica- (3) The following procedures tion In the preceding sentence. shall apply in the implementation of . (d) The application of the subsection (1) (b): determination' under paragraph (a) to (a) The Secretary is authorized the permittee or to other affected to make determinations, in individ- dischargers shall be subject to: ual permitting or enforcement pro- 1. Modification where necessary ceedings, that a particular level to conform to. any final rulemaking for a substance is a prohibited con- action of the Commission under sub- centration in violation; of a minimum section (c); or criterion pursuant to subsection- 2. Withdrawal if the Commission (1)(b). This determination may not elects not to adopt a corresponding be delegated to the districts. rule after initiation of rulemaking (b) Any notice of proposed% for the constituent under subsection agency action published pursuant to.. (c). Section 17-1.62, F.A.C., which con- (e) The notice procedures con- tains such a determination shall tained In subsection (3) shall not 17-3.402(l) 17-3.402(3)(e) 2-1-83 2 6 6 DER19113 WATER QUALITY STANDARDS 17-3 act as a stay of Department enforce- 403.141, 403.161, 403.182, 403.502, ment proceedings. 403.702, 403.708, F.S. History: (f) Once a particular standard Formerly 17-3.051, Amended and for a criterion is established by Renumbered 1-1-83. the Comm.ission, it shall be listed in subsection (g) below. 17-3.403 Classification of (g) Reserved. Ground Water, Usage, Reclassi- Specific Authority: 403.061, fication. 403.062, 403.087, 403.SO4, 403.704, (1) . All ground water of the 403.804, F.S. Law Implemented: State is classified according to 403.021, 403.061, 403.087, 403.088, designated uses as follows: CLASS G-1 Potable water use, ground water in single @source aquifers which has a total dissolved solids content of less than 3,000 mg/l. CLASS G-I I Potable water use, ground water in aquifers which has a total dissolved solids content of less than 10,000 mg1l, unless otherwise classified by the Commission. CLASS G-1 I I Non-potable water use, ground water in uncon- fined aquifers which has a total dissolved solids content of 10,000 mg/I or greater, or which has total dissolved solids of 3,000- 10,000 mg/I and either has been reclassified by the Commission as having no reasonable potential as a future source of drinking water, or has been designated by the Depart- ment as an exempted aquifer pursuant to Section 17-28.13(3), F.A.C. CLASS G-IV Non-potable water use, ground water in con- fined aquifers which has a total dissolved solids content of 10,000 mg1I or greater. (2) It shall be the Department the degree of protection required, policy to afford the highest protec- with Class G-1 ground water having tion to single source aquifers. generally the most stringent water Upon petition by an affected party quality criteria and Class G-IV the as provided in subsection (6), the least. Commission may reclassify aquifers (5) Reclassification of ground or portions of aquifers as Class G-1 water as provided in subsection (1) ground water. above shall be accomplished in the 1(3) The specific water quality following manner: criteria corresponding to each (a) Any substantially affected ground water classification are person or a water management dis- listed in Sections 17-3.404 - trict may seek reclassification of 17-3.406, F.A.C. any ground water of the State by (4) Ground water quality clas- filing a petition with the Secretary sifications are arranged in order of in the form required by Section 17-3.402(3)(e) -- 17-3.403(5)(a) 2-1-83 2 6 7 DER11983 WATER QUALITY STANDARDS 17-3 1.7-1.24, F.A.C. In addition, the districts, and state legislators Department, on its own initiative or whose districts or jurisdictions at the direction of the Commission, include all or part of a proposed may seek reclassification by initi- single source aquifer shall be noti- ating rulemaking pursuant to Section fied in writing by the Secretary at 17-1.06, F.A.C least 60 days prior to the workshop; (b) A peiition for reclassifi- (d) A prominent public notice cation shall contain the information shall be placed in a newspaper, or necessary to support the affirmative newspapers if a large area is to be findings required in this section. d0signated, of general circulation (c) All reclassifications of in the area of the proposed single ground water of the State shall be source aquifer at least 60 days adopted after public notice, written prior to the workshop; notification to local governments (e) The Commission may reclas- whose jurisdiction includes any por- sify an aquifer or portion of an tion of the ground water proposed to aquifer as a single source aquifer be reclassified, and public hearing within specified boundaries upon the only upon an affirmative finding by affirmative finding that: the Commission that: 1. The aquifer or portion of 1. The- proposed reclassifica- the aquifer is the only reasonably tion will establish the present and available source of potable water to future most beneficial use of the a significant segment of the popula- ground water; and tion; and 2. Such a reclassification Is 2. The designated use is at- clearly in the public interest. tainable, upon consideration of (d) Reclassification of ground environmental, technological, water water of the State which establishes quality, Institutional, and social more stringent, or less stringent, and economic factors. criteria than presently established (f). When making the finding by this Chapter shall be adopted required by subparagraph (e), the upon additional affirmative finding Commission must specifically con- by the Commission that the proposed sider, upon presentation of any designated use is attainable, upon competent evidence at the hearing, consideration of environmental,. the following: water quality, technological, so- 1. Other sources of potable cial, econom ic, and institutional water which could be used and the factors. costs of developing these sources; (6) In addition to the proce- and dures in subsection (5) above, the 2. The long term adequacy of following procedure shall be used to the ground water aquifer to supply designate single source aquifers: expected future demands if other (a) Rulemaking procedures pur-@-- sources are not developed; and suant to Chapter 17-1, F.A.C., shall 3. Potential adverse effects be followed; from continued consumption of water (b) At least one fact-findlhg@ from the aquifer if G-1 classifica- workshop shall be held In the aF- tion does not occur; and fected area; 4. Potential adverse impacts on (c) All local county or muni- existing and potential- discharges. to cipal governments, water management the affected ground water if G-1 17-3.403(5)(a) -- 17-3.403(6)(f)4. 2-1-83 268 Y STANDARDS 17-3 DER1983 WATER QUALIT classification occurs teria specified -in 17-3.402 shall Specific Authority: 403.061, apply within the zone of discharge. 403.062, 403.087, 403.504, 403.704, Specific Authority: 403.061, 403.804, F.S. Law Implemented: 403.062, 403.087, 403.504, 403.704, 403.021, 403.061, 403.087, 403.088, 403.804, F.S. Law Implemented: 403.141, 403.161, 403.182, 403.502, 403.021, 403.061, 403.087, 403.088, 403.504, 403.702, 403.708, F.S. 403.141, 403.161, 403.182, 403.502, History: Formerly 28-5.06, 17-3.06, 403.702, 403.708, F.S. History: 17-3.081, Amended and Renumbered Formerly 17-3.101, Amended and 1-1-83. Renumbered 1-1-83. 17-3.404 Standards for Class 17-3.40S Standards for Class G-I and Class G-11 Ground Water. G-111 Ground Water. The criteria (1) In addition to the minimum established in Section 17-3.402, criteria provided In Section F.A.C., shall apply to all Class 17-3.402, F.A.C., waters classified G-111 ground water. as Class G-I and Class G-11 ground Specific Authority: 403.061, water shall meet the following stan- 403.062, 403.087, 403.504, 403.704, dards: 403.804, F.S. Law Implemented: (a) Th-e primary and secondary 403.021, 403.061, 403.087, 403.088, drinking water quality standards for 403.141, 403.161, 403.182, 403.502, public water systems established 403.702, 403.708, F.S. History: pursuant to the Florida Safe Drink- Formerly 17-3.151, Amended and ing Water Act, which are listed in Renumbered 1-1-83. Section 17-22.104, F.A.C., except as provided in Section 17-4.245(8), 17-3.406 Standards for Class F.A.C. G-IV Ground Water, The Department (b) The following maximum con- shall specify applicable standards taminant levels: (Reserved). on a case-by-case basis for dis- (2) If the concentration for charges to Class G-IV ground water. any constituent listed in (1) in the The minimum criteria in Section natural unaffected background qual- 17-3.402 will not apply unless the ity of the ground water is greater Department determines there is dan- than the stated maximum, or in the ger to the public health, safety or case of pH is also less than the welfare. m'inimum, the representative back- Specific Authority: 403.061, ground value shall be the prevailing 403.062, 403.087, 403.504, 403.704, standard for Class G-I and Class 403.804, F.S. Law Implemented: G-11 ground water. 403.021, 403.061, 403.087, 403.088, (3) These standards shall not 403.141, 403.161, 403.182, 403.502, apply within a permitted zone of 403.702, 403.708, F.S. History: discharge as provided in Section Formerly 17-3.151, Amended and 17-4.245, F.A.C. The minimum cri- Renumbered 1-1-83. 17-3.403(6)(f)4. -- 17-3.406(History) 2 6 9 DER 1984 PERMITS 17-4 CHAPTER 17-4 PERMITS PART 1 17-4.245 Installations Discharging to GENERAL Ground Water; Permitting and 17-4.01 Scope of Part 1. Monitoring Requirements. 17-4.02 Definitions. 17-4.246 Sampling and Testing 17-4.021 Transferability of Defini- Methods. tions. 17-4.247 Pollution Surveys. 17-4.022 Determination of the Land- 17-4.248 Stormwater. ward Extent of Surface 17-4.249 Preservation of Rights. Waters of the State. 17-4.25 Water Pollution Temporary 17-4.03 General Prohibition. Operation Permits; Condi- 17-4.04 Exemptions. tions. 17-4.05 Procedure to Obtain Permit; 17-4.26 Permits Required for Sewage Application. Works. 17-4.055 Permit Processing. 17-4.27 Drainage Wells; Permits. 17-4.06 Consultation. 17-4.28 Dredging or Filling; 17-4.07 Standards for Issuing or Permits, Certifications. Denying Permits; Issuance; 17-4.29 Construction, Dredging Denial. or Filling in, on or over 17-4.08 Modification of Permit Navigable Waters; Permits Conditions. Required Pursuant to 17-4.09 Renewals. Chapter 253, F.S. 17-4.10 Suspension and Revocation. 17-4.30 All Other Permits. 17-4.11 Financial Responsibility. 17-4.31 Application Forms for. 17-4.12 Transfer of Permits. Permit to Dredge and Fill. 17-4.13 Plant Operation - Problems. 17-4.32 Certification and Accep- 17-4.14 Reports. tance. 17-4.15 Review. PART III PART 11 17-4.51 Scope of Part Ill. SPECIFIC PERMITS; REQUIREMENTS 17-4.52 Definition. 17-4.20 Scope of Part 11. 17-4.53 Procedures. 17-4.21 Construction Permits. 17-4.54 General Conditions for All General Permits. 17-4.22 Operation Permits for New Sources. 17-4.55 General Permit to U.S. 17-4.23 Operation Permits for Air Forest Service for Minor, Pollution Sources. Works within National 17-4.24 Operation Permits fo r Water Forests in Florida. Pollution Sources. 17-4.56 General Permit to Florida 17-4.242 Special Protection Out- Game and Fresh Water Fish standing Florida Waters; Commission for use of Equitable Abatement. Rotenone. 17-4.243 Exemptions from Water 17-4.57 General Permit for Instal- Quality Criteria. lation or Maintenance of 17-4.244 Mixing Zones; Surface Boat Ramps. Waters. 17-4.58 General Permit for Rip Rap. 12719-84 2 7 0 DER 1984 PERMITS 17-4 17-4.59 General Permit for Head- walls, and Culverts Asso- ciated with a Stormwater Discharge Facility. 17-4.60 General Permit for Waste- water Disposal System for a Laundromat. 17-4.61 General Permit for Solid Waste Transfer Station. 17-4.62 General Permit for Waste- water Collection Systems. 17-4@63 General Permit for the Con- struction of an Extension to a Public Water Supply Distribution System. 17-4.64 General Permit for Land Application of Grade 11 Domestic Wastewater Treatment Sludge. 17-4.65 (Reserved). 17-4.66 General Permit to the Florida Department of Transportation for Minor Works Within Existing FDOT Rights-of-Way or Ea sements. 17-4.67 General Permit for Certain Silviculture Operations. 17-4.68 General Permit for the Construction of Artificial R eef s. 17-4.69 General Permit for Certain Piers and Associated Struc- tures. 17-4.70 General Permit for Certain Agricultural Operations. 12-19-84 2 7 1 DER1984 PERMITS 17-4 PART I Department to operate, maintain, GENERAL construct, modify, expand, or make alterations to any installation in 17-4.01 Scope of Part 1. This accordance with section 403.088, FS. Chapter provides the requirements (7) "Permitting agent" is any and procedures for the issuance, person employed by the Department denial, renewal, modification, sus- who is authorized by the Department pension, and revocation of any to issue or deny specified permits. permit required by the State of (8) "Permit condition" is a Florida Department of Environmental statement or stipulation issued with Regulation. a permit with which compliance is Specific Authority: 403.021, necessary for continued validity of 403.031, 403.061, 403.088, F.S. the permit. Law Implemented: 403.021, 403.031, (9) "Permit" is the legal 403.061, 403.087, 403-088, F.S. authorization to engage in or con- History: New 5-17-72. duct any construction, operation, modification, or expansion of any 17-4.02 Definitions. When used installation, structure, equipment, in this Chapter, the following words facility, or appurtenances thereto, shall have -the indicated meanings operation or activity which will unless the context clearly indicates reasonably be expected to be a otherwise: source of pollution. (1) "Commission" is the State (10) "Canal" is a trench, the of Florida Environmental Regulation bottom of which is normally covered Commission. by water with the upper edges of its (2) "Department" is the State sides normally above water. of Florida Department of Environ- (11) "Channel" is a trench, the mental Regulation. bottom of which is normally covered (3) "Installation" ' is any entirely by water, with the upper structure, equipment, facility, or edges of its sides normally below appurtenances thereto, operation or water. activity which may be a source of (12) "Dredging" is the excava- pollution. tion, by any means, in waters of the (4) "Construction permit" is state. It is also the excavation the legal authorization granted by (or creation) of a water body which the Department to construct, expand, is, or is to be, connected to any modify, or make alterations to any of the waters listed in Section installation and to temporarily 17-4.28(2) FAC., directly or via an operate and test such new or modi- excavated water body or series of fied installations. excavated water bodies. (5) "Operation permit" is the (13) "Embedment" is the place- legal authorization granted by the ment of lines into the bottoms of Department to operate or maintain waters of the State by minimal any installation for a specified displacement of bottom material and period of time. without the creation of a trench, (6) "Temporary permit" is the or trough, through the use of tech- legal authorization limited 'to niques such as plowing-in, weighing- a specified time granted by the in, or non-trenching jets. 12-19-84 17-4.01 17-4.02(13) 272 DER1984 PERMITS 11 (14) "Entrenchment" is the (16) "Secretary" is the Secre- placement of lines into the bottoms tary of the Department. of waters of ' the State by the (17) "Landward extent of waters creation of a defined trench, or of the state as defined prior to trough, through the use of such October 1, 198411 is, pursuant to devices as clamshells, dredges, Section 403.817, F.S., that portion trenching jets, or other devices of a surface water body indicated by which produce similar results. the presence of one or a combination (15) "Filling" is the deposi- of the following as the dominant tion, by any means, of materials in species: waters of the state. Submerged Marine species: Batis Batis maritima Big cordgrass SIRartina cynosuroides Black mangrove Avicennia Serminans Black rush Juncus roemerianus Cuban shoalweed Diplanthera (Halodule) wrightii Leather fern Acrostichum aureum Manatee grass Syringodium filiformis Red mangrove Rhizophora mangle Rubber vine Rhabdadenia biflora Smooth cordgrass Spartina alterniflora Turtle grass Thalassia testudinum Widgeon grass Ru2Pia maritima White mangrove Laguncularia racemosa Submerged Fresh water species: Alligator weed Alternanthera philoxeroides Arrowhead Sagittaria spp. Arrowroot lily Thalia, geniculata Bald cypress Taxodium distichum Beak rush Rhynchospora tracyi Bladder wort Utricularia vulgaris Blue green algal mats Bullrush ScIr2us americanus Scirpus validus Cattail Typha latifolia Typha angustifolia Typha domingensis Coontail n demersum Duck weed Lemna spp. Florida elodea Hydrilla verticillata Golden club Orontium aquaticum Leather fern Acrostichum danaeifolium Maiden cane Panicum hermitomon Naiad Nalas spp. 17-4.02(14) -- 17-4.02(17) 273 DER 1984 PERMITS 17-4 Ogeeche tupelo Nyssa ogeche Pickerelweed Pontederia lanceolata Pond apple Annona glabra Pond cypress Taxodium ascendens Pondweed Potamogeton illinoensis Royal fern Osmunda regalis Saw grass Cladium jamaicensis Spatter dock Nuphar spp. Spike rush Eleocharis cellulosa Soft rush Juncus effusus Swamp lily Crinum americanum Swamp tupelo Nyssa biflora Tape grass Vallisneria neotropicalis Water ash Fraxinus caroliniana Water fern Salvinia rotundifolia Water hyssop Bacopa caroliniana Water lily Nymphaea spp. Water shield Brasenia schreberi Water tupelo Nyssa aquatica Water willow Justicia ovata or that portion of a surface water is greater, where one or a combi- body up to the waterward first fifty nation of the following are the (50) feet or the waterward quarter dominant species: (1/4) of the entire area, whichever Transitional Marine species: Aster Aster tenuifolius Beach carpet Philoxerus vernicularis Button wood Concarpus erecta Glasswort Annual Salicornia bigelovii Glasswort Perennial Salicornia virginica Key grass Monanthochloe (ittoralis Salt grass Distichlis spicata Sea blite Suaeda lindaris Sea daisy Borrichia frutescens Borrichia arborescens Sea grape Coccoloba uvifera Sea lavender Limonium carolinianum Sea purslane Sesuvium portulascastrum Switch grass Spart na patens Railroad vine lpomoea pes-caprae 17-4.02(17) 12-19-84 2 7 4 DER 1984 PERMITS 17-4 Transitional Freshwater species: Button bush Cephalanthus occidentalls Dahoon Ilex cassine Giant reed Phragmites communis Primrose willow Ludwigia peruviana St. John's wort Hypericum fasciculatum Switch grass Panicum virgatum Willow Salix caroliniana "Dominance" for the purposes of this No. 28, 1-12-76; Joint Administra- rule shall be as defined in Section tive Procedures Committee Objection 17-3.021(10), F.A.C. Withdrawn - See FAW Vol. 3, (18) "Landward extent of waters No. 30, 7-29-77, Amended. 3-11-81, of the state" is, pursuant to*Sec- 12-10-84. tion 403.817, F.S., that portion of a surface water body indicated by 17-4.021 Transferability of Def- the presence of one or a combination Initions. Definitions contained in of the species listed in Section other Chapters of the Department's 17-4@022, F.A.C., as the dominant rules may be utilized to clarify the species as determined pursuant to meaning of terms used herein unless Section 17-4.022, F.A.C. such terms are defined in Section (19) "Riprap" is a sustaining 17-4.02, F.A.C., or transfer of such wall made to break the force of definition would defeat the purpose waves and to protect the shore from or alter the intended effect of the erosion and consists of unconsoli- provisions of this Chapter. dated boulders, rocks, or clean Specific Authority: 403.061, concrete rubble with no exposed 403.062, 403-087, 403.504, 403.704, reinforcing rods or similar pro- 403.804, 403.805, F.S. Law Imple- trusions.. mented: 403.021, 403.061, 403.087, (20) "Seawall" is as defined In 403.088, 403.141, 403-161, 403.182, Section 69 of Chapter 84-338, Laws 403.502, 403-702, 403.708, F.S. of Florida. H istory: New 3-1-79. (21) "Vertical seawall" is a seawall the waterward face of 17-4.022 Determination of the which is at a slope greater than Landward Extent of Surface Waters 75 degrees to the horizontal. A of the State. seawall with sloping riprap on the (1) The line' demarcating the waterward face shall not be consid- landward extent of surface waters, er6d a vertical seawall. as defined in Section 403.031, F.S., Specific Authority: 403.061, shall be established for any water 403.805, F.S. Law Implemented: body, pursuant to Section 403.817, 403.021, 403.031, 403.061, 403.087, F.S., by dominant plant species. 403,088, 403.802, 403.817, F.S. Dominance shall be determined in a History: New 3-4-72, Revised plant stratum (canopy, subcanopy, 5-17-72, Amended 6-10-75; Joint or ground cover). The canopy is Administrative Procedures Committee composed of all woody plants with Objection Filed - See FAW Vol. 1, a trunk 4 inches or greater in 12-19-84 17-4.02(17) 17-4.022(l) 2 5 DER 1984 PERMITS 17-4 diameter at breast height (dbh). Dbh 3. the areal extent of the is measured at 4.5 feet above the submerged species in the selected ground. The subcanopy is composed stratum is greater than the areal of all woody plants with a trunk or extent of upland species in that stem dhb between 1 and 4 inches and stratum. a height greater than 3 feet. The (b) The landward extent of a ground cover includes all other surface water shall include any plants. The top stratum shall be other area where: used in the determination of domi- 1. the areal extent of the nance unless the top stratum con- transitional species in the selected stitutes less than 10% areal extent stratum is greater than 80% of all or unless a preponderance of the the plant species in that stratum, evidence establishes that the top and stratum is not indicative of normal 2. the areal extent of the hydrologic conditions, for example, submerged species in the selected as a result of artificial altera@ stratum is less than 10% of all the tion. In these cases a more repre- plant species in that stratum, and sentative stratum shall be used. 3. the areal extent of the The burden of proof shall be with upland species in the selected the party asserting that a stratum stratum is less than 10% of all other than the top stratum should be the plant species in that stratum, used to determine dominance. and (a) The existence of a sur- 4. the department establishes face water, as defined in Section by competent, substantial evidence 403.031, F.S., shall first be iden- by using such factors as hydroloi tif led. Vegetation shall then be swollen buttresses, lichen lines, inspected moving landward. In all or other indicators that the area cases the department shall attempt is subject to regular and periodic to locate the line demarcating the inundation. landward extent of waters of the (c) If the line demarcating the state by visual methods or by aerial landward extent of waters of the photointerpretation. The line demar- state cannot be determined visually cating the landward extent of the or by aerial photointerpretation, waters shall be the boundary of the the following methods shall be used area where, using the submerged and in a manner that ensures sufficient transitional species listed in para- representative data will be generat- graphs (2) and (3) below: ed. The percentages generated shall 1. the areal extent of sub- be substituted for areal extent in merged and transitional species or paragraph (a) or (b) above. any combination thereof, in the 1. In areas where a canopy is selected stratum, is greater than used, a series of belt transects 50% of all the plant species for shall be established and divided that stratum, and into intervals. Dominance will be 2. the areal extent of the determined by relative basal area. submerged species in the selected Relative basal area in the canopy stratum is greater than 10% "of shall be recorded as submerged, the areal extent of all the plant transitional or upland within each species in that stratum, and interval as follows: 12-19-84 17-4.022(l) 17-4.0220)(01. 2 7 6 DER 1984 PERMITS 17-4 Total basal area of submerged, transitional or upland species. Relative Basal Area X 100 Total basal area of all species. 2. In areas where a subcanopy the percentages of submerged, tran- is used, a series of belt transects sitional, or upland species shall be shall be established and divided determined by relative density using into intervals. Within each interval the formula below: Number of individuals of submerged, transitional or upland species. Relative Density X 100 Total number of individuals 3. In areas where a ground cov- These measurements @'-)y category shall er is used, either of the following then be expressed as a percentage of methods shall be used: the total measurements of vegetative a. A series of line transects cover within each interval. shall be established and ground cov- (d) Methods other than those er shall be sampled in 0.25 square described above may be used as long meter plots at interval points. as the department and the applicant There shall be a sufficient number both agree, in writing, to the of plots to determine accurately the method used. If both parties agree line demarcating the landward extent to use more than one stratum, the of waters of the state. Within each following methods for a combination plot the percentages of submerged, of strata shall be used in a manner transitional or upland species shall to ensure that sufficient represen- be determined visually by cover, or tative data will be generated. The the number of individuals catego- methods described in subparagraphs rized as submerged, transitional or (c) 1., 2., and 3. shall be used for upland shall be counted and results the appropriate strata. The per- expressed as percentages of the centages obtained shall be added total number of individuals within and the sum divided by the number that plot; or of strata examined. The number b. A series of line transects generated by this procedure shall shall be established, divided into be substituted for areal extent appropriate intervals, and ground in paragraph (a) or paragraph (b) cover shall be determined by mea- above. When a combination of strata suring the linear portion of each is used, the following shall be interval (at the ground surface) added to Rule 17-4.022(2), Florida occupied by plants categorized as Administrative Code: submerged, transitional or upland. 17-4.022(l)(c)l. - 17-4.022(l)(d) 12-19-84 2 7 7 DER 1984 PERMITS 17-4 Blechnum serrulatum swamp fern Carex leptalea sedge Carex stipitata sedge Crataegus viridis green haw Osmunda spp. osmunda ferns Pluchea spp. marsh fleabanes Woodwardia spp. chain ferns Concurrently the following shall be added to Rule 17-4-022(3), Florida Administrative Code: Axonopus furcatus big carpet grass Flaveria spp. yel lowtops PAetopium toxiferum poison tree Myrica cerifera wax myrtle Sabal minor dwarf palmetto Symplocos tinctoria horse sugar (2) Submerged Species: Acrosticum spp. leather ferns Alisma subcordatum water plantain Alnus serrulata hazel alder Alternanthera philoxeroides alligator weed Amaranthus australis pigweed Annona glabra pond apple Aster carolinianus climbing aster Aster elliottii aster Aster subulatus aster Aster tenuifolius saltmarsh aster Avicennia germinans black mangrove Azolla caroliniana mosquito fern Bacopa spp. water hyssops Batis maritima saltwort Betula nigra river birch Bidens laevis bur-marigold Bidens mitis bur-marigold Blue green algal mats Borrichia arborescens sea daisy Borrichia frutescens sea daisy Brachylema spp. water moss Brasenia schreberi water shield Cabomba caroliniana fanworts Canna spp. cannas Carex- decomposita sedge Carex howei sedge Carex walteriana sedge 12-19-84 17-4.022(l),(.d-) -- 17-4.022(2) 2 7 8 DER1934 PERMITS 17-4 Cephalanthus occidentalis buttonbush Ceratophyllum spp. hornworts Ceratopteris spp. floating ferns Chamaecyparis spp. white cedars Chara spp. musk grasses Cicuta mexicana water hemlock Cladium jamaicense saw-grass Colocasia esculenta wild taro Coreopsis nudata tickseed Crataegus aestivalis apple haw Crataegus marshallii parsley haw Crinum americanum swamp lily Cyperus alternifolius umbrella flatsedge Cy2erus articulatus umbrella sedge Cyperus haspan flat sedge Decodon verticillatus swamp loosestrife Distichlis spicata saltgrass Echinodorus, spp. burheads Egeria densa waterweed Eichhornia crassipes water hyacinth Eleocharis spp. spikerushes Elodea spp. waterweeds Eriocaulon spp. hat-pins Fimbristylis, all species fringe-rushes except: F. annua F. puberula F. spathacea Fontinalis spp. water mosses Fraxinus, all species ashes except: F. americana Fuirena scirpoidea rush fuirena Fuirena squarrosa lake rush Gordonia lasianthus loblolly bay Habenaria repens water-spider orchid Hibiscus grandiflorus big rose-mallow Hydrilla verticillata hydrilla Hydrochloa caroliniensis watergrass Hydrocotyle ranunculoides swamp loosestrife Hydrolea spp. sky flower 'ffygrophila lacustris lake hygrophila Hygrophila polysperma East Indian hygrophila Hymenocallis spp. spider lilies Hypericum chapmanii St. John's wort Hypericum lissophloeus St. John's wort Hypericum nitidum St. John's wort TTex cassine dahoon I lex_ myrtifolia myrtle-leaved holly Iris hexagona anglepod blue flag 12-19-84 17-4.022(2) 2 7 9 DER 1984 PERMITS 17-4 Iris virginica southern blue flag Itea virginica Virginia willow Iva, all species marsh elders except: 1. imbricata Juncus spp. bog rushes Justicia americana water willow Justicia ovata water willow Kosteletzkya spp. marsh-mallow Lachnocaulon, all species bog buttons except: L. ancel2s L. digynum Laguncularia racemosa white mangrove Leersia spp. southern cutgrass Lemn spp. duckweeds Leptodictyon spp. water moss Lilaeopsis spp. lilaeopsis Limnobium spongia frog's bit Limonium carolinianum sea lavender Lindernia dubia false pimpernel Lindernia grandiflora false pimpernel Litsea aestivalis pond-spice Lobelia cardinalis cardinal-flower Lobelia glandulosa lobelia Ludwigia, all species ludwigias except: L. hirtella, L. maritima L. virgata Magnolia virginiana sweet bay Mikania scandens climbing hempvine Monanthochloe lFt-toralis key grass Muhlenbergia capillaris gulf muhly Muhlenbergia schreberi nimblewill Myriophyllum spp. water milfoils Najas spp. water naiads Nasturtium spp. water cresses Nelumbo spp. lotuses Nitella spp. stoneworts Nuphar spp. spatterdock s Nymphaea spp. water lilies Nymphoides spp. floating hearts Nyssa aguatica water tupelo Nyssa ogeche Ogeechee tupelo Nyssa sylvatica var. biflora swamp tupelo Orontium aquaticum golden club Osmunda regalis royal fern OxXpolis filiformis water dropwort Panicum gymnocarpon savannah panicum Panicum hemitomon maidencane 12-19-84 17-4-.022(2) 2 8 0 DER 1984 PERMITS 17-4 Panicum rigidulum redtop panicum Paspalum distichum knot-grass Paspalum repens water paspalum Peltandra spp. spoon flowers Persea palustris swamp bay Phrasmites australis giant reed Pinckneya bracteata fever tree Pistia stratiotes water lettuce Planera aquatica water elm Polygonum spp. smartweeds Pontederia spp. pickerelweeds Populus heterophylla swamp poplar Potamogeton spp. pondweeds Proserpinaca spp. mermaid weeds Quercus lyrata overcup oak Rhexia 2arviflora meadow beauty Rhexia salicifolia meadow beauty Rhizophora man2le red mangrove Rhynchospora corniculata horned beak rush Rhynchospora divergens beak rush Rhynchospora inundata inundated beak rush Rhynchospora microcarpa small-fruited beak rush RhXnchospora miliacea beak rush Rhynchospora mixta beak rush Rhynchospora tracyi Tracy's beak rush Rosa palustris swamp rose Ruppia maritf-ma widgeon grass Sabatia dodecandra marsh pink Sagittaria spp. arrowheads Salicornia spp. glassworts Salix spp. willows Salvinia rotundifolia water spangles Samolus spp. water pimpernels Saururus cernuus lizard's tail Scirpus americanus common three-square Scirpus californicus southern bulrush Scirpus cubensis bulrush Scirpus cyl2erinus woolgrass bulrush Scireus erismanae bulrush Scirpus etuberculatus bulrush Scirpus olneyi Olney's three-square Scirpus robustus saltmarsh bulrush Scirpus validus giant bulrush Sium suave water parsnip Smilax laurifolia bamboo-vine Smilax walteri coral greenbriar Sparganium americanum bur-reed Spartina, all species cordgrasses except: S. bakeri 12-19-84 17-4.022(2) 2 8 DER 1984 PERMITS 17-4 Sphagnum spp. sphagnum mosses Spirodela spp. duckmeat Sporobolus virginicus seashore dropseed Suaeda spp. sea blights Taxodium spp. cypresses Thalia geniculata arrowroot Triadenum virginicum St. John's wort Typha spp. cattails Utricularia spp. bladderworts Vallisneria spp. tape-grasses Wolffia spp. water meals Wolffiella spp. bog-mats Xyris, all species yellow-eyed grasses except: X. caroliniana X. jupicai Zizania aquatica annual wild rice Zizaniopsis miliacea southern wild rice (3) Transitional Species: Acer negundo box-elder Acer rubrum red maple Acer saccharinum silver maple Aletris spp. colic roots Ampelopsis arborea pepper vine Arundinaria gigantea cane Baccharis angustifolia false willow Blechnum serrulatum swamp fern Boehmeria cylindrica bog hemp Carex, all species sedges except: C. decomposita C. howei C. walteriana Carpinus caroliniana ironwood Carya aquatica water hickory Celtis laevigata hackberry Centella asiatica coinwort Chrysobalanus icaco cocoplum Clethra alnifolia sweet pepperbush Conocarpus erectus buttonwood Cornus foemina stiff cornel Crataegus viridis green haw Cyperus odoratus umbrella sedge Dichromena spp. white-tops Diodia virginiana buttonweed Dryopteris ludoviciana southern shield fern Forestiera acuminat@_ swamp privet Gleditsia aquatica water locust 17-4.022(2) 17-4-022(3) 12-19-84 2 8 2 DER 1984 PERMITS 17-4 Gratiola ramosa hedge hyssop Hydrocotyle umbellata water pennywort Hypericum fasciculatum St. John's wort Hypericum myrtifolium St. John's wort I lex coriacea sweet gallberry Ilex decidua possum haw Ilex opaca var. opaca American holly Illicium floridanum purple anise Lachnanthes caroliniana red-root Lachnocaulon anceps bog-button Lachnocaulon digynum bog-button Leucothoe spp. fetterbush Liquidambar _styraciflua sweetgum Liriodendron tulipifera yellow poplar Ludwigia hirtella ludwigia Ludwigia maritima ludwigia Ludwigia virgata ludwigia Lycopus rubellus water hoarhound Lygodium japonicum Japanese climbing fern Lyonia lucida fetterbush Myrica inodorata odorless wax myrtle Osmunda cinnamomea cinnamon fern Ostrya virginiana hop hornbeam Panicum re2ens torpedo grass Panicum virgatum switch grass ?ersea borbonia redbay Philoxerus vermicularis beach carpet Pinus glabra spruce pine Pinus serotina pond pine Platanus occidentalis sycamore Pluchea spp. marsh fleabanes Polygala cymosa milkwort Populus del toi des eastern cottonwood Quercus laurifolia swamp laurel oak Quercus michauxii swamp chestnut oak Quercus nigra water oak Rhapidophyllum hystrix needle palm Rhexia, all species meadow beauties except: R. parviflora R. salicifolia Sabatia bartramii marsh pink Sabatia calycina marsh pink Sambucus canadensis elderberry Sarracenia spp. pitcher plants Schizachy@ium rhizomatum South Florida bluestem Schoenus ni2ricans black sedge Scleria spp. nut-rushes Sesuvium maritimum sea. purslane 12-19-84 17-4.022(3) 2 8 3 DER 1984 PERMITS 17-4 Sesuvium portulacastrum sea purslane Spartina bakeri cordgrass Styrax americana storax Thelypteris spp. shield ferns Ulmus, all species elms except: U. rubra Viburnum spp. black haws Woodwardia spp. chain ferns (4) Upland species: All plant species not listed in paragraphs (2) and (3) above, except for: Cliftonia monophylla buck wheat tree Cyrilla racemiflora titi Melaleuca quinquenervia punk tree Sabal palmetto cabbage palm Schinus terebinthifolius Brazilian pepper (5) Cliftonia monophylla, f-YrIl- line shall be prepared and certified la racemiflora, Melaleuca quinqu@@_ by a professional land surveyor nervia, Sabal palmetto, and Schinus registered in this state. The burden terebinthifolius shall not be con- for determining the surveyed flood sidered submerged, transitional, or line shall be with the party wishing upland species. In areas vegetated to use this alternative. Notwith- by any of these five species, the standing the above, this subsection department shall determine the land- shall not apply to waters which are ward extent of waters using the saline or brackish, or for rivers remaining plant species or other whose major source of flow is from indicators of regular and periodic springs. The provisions of this inundation as provided in Rule subsection shall not operate to 17-4.0220), Florida Administrative reduce the landward extent of the Code- jurisdiction of the department as it (6) In no case shall the land- existed prior to January 24, 1984. ward extent of waters of the state (7) Common names are included extend above the elevation of the in the above lists for information one in 10-year recurring flood event purposes only. Determination of or the area of land with standing or the landward extent of waters of flowing water for more than 30 con- the state is to be based solely on secutive days per year calculated on plants as specified by the scien- an average annual basis, whichever tific names. Any uncertainty as is more landward. The extent of to the plants included by a given the flood line shall be developed by scientific name, for nomenclatural appropriate engineering techniques, or taxonomic reasons, shall be and a description of the surveyed resolved on the basis of: 12-19-84 17-4.022(3) 17-4.022(7) 0 2 8 4 DER 1984 PERMITS 17-4 Godfrey, R. K. and J.W. Wooten. 1979. the form of a narrative description Aquatic and Wetland Plants of sufficient to identify the areas in Southeastern United States: question; and Monocotyleclons. Univ. Ga. (b) The determination was based Press, Athens. on a site verification made by the 1981. Aquatic and department; and Wetland Plants of Southeastern (c) The document purporting to United States: Dicotyledons. he the determination is signed by an Univ. Ga. Press, Athens. employee of the department in the Lakela, 0. and R. W. Long. 1976. course of his official duties; and Ferns of Florida. Banyan (d) The document purporting to Books, Miami. be a site verified written deter- mination shall be submitted by The manuals listed above by name certified mail within six months of are adopted and made a part of this October 1, 1984 to the department rule by reference. Copies of these for validation. documents may be inspected at all Specific Authority: 403.061, Department of Environmental Regu- F.S. Law Implemented: lation offices. Any plants not con- 403-021, 403.031, 403.061, 403.087, tained in those references shall be 403.088, 403.802, 403.817, F.S. identified and named on the basis History: Formerly 17-4.02(17), of the best available biological Amended 10-1-84, 10-16-84. information. A named species in the above lists includes all varieties 17-4.03 General Prohibition. or subspecies within that species. Any stationary installation which The abbreviation "spp." in the above will reasonably be expected to be a lists means all species, varieties, source of pollution shall not be or subspecies within the named genus operated, maintained, constructed, which are not otherwise named on the expanded, or modified without an lists. appropriate and currently valid (8) The landward extent of permit issued by the Department, waters of the state shall be deter- unless the source is exempted by mined using the vegetative index Department rule. The Department may adopted June 10, 1975, as amended issue such permit only after it is March 11, 1981, for all complete assured that the installation will applications filed with the depart- not cause pollution in violation of ment before October 1, 1984. For any of the provisions of Chapter all other areas where the department 403, FS, or the rules and regula- made a determination of the landward tions promulgated thereunder. extent of the waters of the state Specific Authority: 403.021, using the vegetative index adopted 403-031, 403.061, 403.088, F.S. June 10, 1975, as amended March 11, Law Implemented: 403.021, 403.031, 1981, before October 1, 1984, the 403-061, 403.087, 403.088, F.S. department shall, within 90 days of History: New 3-4-70, Revised a request therefore, validate the 5-17-72. determination if: (a) The determination is graph- 17-4.04 Exemptions. The follow- ically displayed on a map, drawing, ing sources are exempted from the or aerial photograph, or written in permit requirements of this Chapter. 12-19-84 17-4.022(7) -- 17-4.04 2 8 5 DER 1984 PERMITS 17-4 0 (1) Domestic sewage treatment M Brazing, soldering or weld- plant of a design capacity of 2,000 ing equipment. gallons per day average daily flow (j) Laundry dryers, extractors, or less. or tumblers for fabrics cleaned with (2) Home heating and comfort only water solutions of bleach or heating and comfort heating equip- detergents. ment with a gross maximum heat (7) Non-commercial and non- output less than one million BTU per industrial vacuum cleaning systems hour. used exclusively for residential (3) Comfort air conditioning or housekeeping purposes. comfort ventilating systems. (8) Structural changes which (4) Internal combusion engines cannot change the quality, nature or in boats, aircraft and vehicles used quantity of air and water contami- for transportation of passengers or nant emissions or discharges or freight. which will not cause pollution. (5) Incinerators constructed, (9) Construction; dredging or installed, or used in one or two- filling associated with the follow- family dwellings or in multi-occu- ing types of projects: pied dwellings containing four or (a) The installation of over- fewer family units, one of which is head transmission lines where the owner-occupied. support structures are not con- (6) The following equipment: structed in waters of the state and (a) Cold storage refrigeration which do not create a navigational equipment. hazard. (b) Vacuum pumps in laboratory (b) The installation of aids operations. to navigation and buoys associated (c) Equipment used for steam with such aids, provided that the cleaning. devices are marked pursuant to (d) Belt or drum sanders having Section 327.40, F.S. a total sanding surface of five (c) The installation and repair square feet or less, and other of mooring pilings and dolphins equipment used exclusively on wood associated with private docking or plastics or their products having facilities and the installation of a density of 20 pounds per cubic,,-- private docks of five hundred (500) foot or more. square feet or less of over-water (e) Equipment used exclusively surface area, or one thousand (1000) for space heating, other than square feet or less of over-water boilers. surface area for docks which are (f) Non-commercial smoke houses not located in Outstanding Florida used exclusively for smoking food Waters and which are used for recre- products. ational, non-commercial activities, (g) Bakery ovens and confection constructed on pilings so as not to cookers where the products are involve filling or dredging other edible and intended for human con- than that necessary to install the sumption. pilings. The dock shall not sub- . (h) Laboratory equipment used stantially impede the flow of water exclusively for chemical or physical or create a navigational hazard. analyses. A private dock is a single pier at 17-4.04(l) 17-4.04(9)(c) 12-19-84 2 8 6 DER 1984 PERMITS 17-4 a parcel of property. Provided, state. Where no previous permit. has that for the purposes of this rule, been issued by the Board of Trustees multi-family living complexes and of the Internal Improvement Trust other types of complexes or facili- Fund or the United States Army Corps ties associated with the proposed of Engineers for construction or private dock shall be treated as maintenance dredging of the existing one parcel of property regardless of manmade canal or intake or discharge the legal division of ownership or structure, such maintenance dredging control of the associated property. shall be limited to a depth of no Construction of a private dock under more than 5 feet below mean low this exemption does not require the water. Department to issue a subsequent I (e) The installation and main- permit to construct a channel to tenance to design specifications of provide navigational access to the boat ramps on artificial bodies of dock. Activities associated with water where navigational access to a private dock shall include the the proposed ramp exists, or the construction of structures attached installation and maintenance to to the pier which are only suitable design specifications of boat ramps for the mooring or storage of boats open to the publ*ic in any waters of (i.e., boatlifts). the state where navigational access (d) The performance of mainte- to the proposed ramp exists and nance dredging of existing manmade where construction of the proposed canals, channels, and intake and ramp will be less than 30 feet wide discharge structures, where the and will involve the removal of less spoil material is to he removed than 25 cubic yards of material from and deposited on a. self-contained, the waters of the state, however, upland spoil site which will prevent any material removed shall be placed the escape of the spoil material upon a self-contained upland site into the waters of the state; pro- so as to prevent the escape of the vided that no more dredging is to spoil material into the waters of be performed than is necessary to the state. For the purpose of this restore the canal, channels, and exemption artificial bodies of water intake and discharge structures to shall include, but not be limited original design specifications and to, existing residential canal provided that control devices are systems, canals permitted by a water utilized to prevent turbidity and management district created under toxic or deleterious substances from Section 373-069, F.S. and artifi- discharging into adjacent waters cially created portions of the during maintenance dredging. This Florida Intracoastal Waterway. exemption shall apply to all canals M Construction of seawalls or constructed prior to April 3, 1970, riprap (including necessary back- and to those canals constructed on filling), and private docks (as or after April 3, 1970, pursuant to defined in Section 17-4.04(10)(c), all necessary state permits. This F.A.C.) in artificially created exemption shall not apply to the waterways where such construction removal of a natural or manmade will not violate existing water barrier separating a canal or canal quality standards, impede naviga- system from adjacent waters of the tion or affect flood control. An 17-4.04(9)(c) 17-4.04(9)(f) 12-19-84 2 8 7 DER 1984 PERMITS 17-4 artificially created waterway will riprap. A seawall or riprap shall be defined as a body of water that not be considered functioning if has been totally dredged or exca- there is an exchange of waters vated and which does not overlap through or around the seawall or natural surface waters of the state. riprap which is of sufficient quan- For the purpose of this exemption, tity, duration or frequency so that artificially created waterways shall the restoration of the seawall or also include existing residential riprap will have the potential to canal systems. This exemption does cause or contribute to a violation not apply to the construction of of state water quality standards or vertical seawalls in estuaries or other criteria listed in Section lagoons unless the proposed con- 403.918, F.S. struction is within an existing (i) The maintenance of existing man-made canal where the shoreline insect control structures, dikes and is currently occupied in whole or irrigation and drainage ditches, in part by vertical seawalls. provided that spoil material is (g) The replacement or repair deposited on@ a self-contained upland of existing docks provided that no spoil site which will prevent the fill material is to be used, and escape of the spoil material into provided that the replacement or waters of the state. I n the case repaired dock is in the same loca- of insect control structures, if tion and of the same configuration the cost of using a self-contained and dimensions as the dock being upland spoil site is so excessive replaced or repaired. An existing as determined by the Department of dock shall include docks to which Health and Rehabilitative Services, a boat can be moored at the time pursuant to Section 403.088(l), this exemption is exercised. This F.S., that it will inhibit proposed section applies to both private and insect control, then existing spoil commercial docks. sites or dikes may be used, upon (h) The restoration of a sea- notification to the Department. In wall or riprap at its previous the case of insect control where location or upland of or within one upland spoil sites are not used pur- (1) foot waterward of its previous suant to this exemption, turbidity location. No filling can be perform- control devices shall be used to ed except in the above-authorized confine the spoil material discharge restoration of the seawall or to that area previously disturbed riprap. No construction shall be when the receiving body of water is undertaken without necessary title used as a potable water supply, is or leasehold interest, especially designated as shellfish harvesting where private and public ownership waters, or functions as a habitat boundaries have changed as a result for commercially or recreationally of natural occurrences such As important shellfish or finfish. In accretion, reliction and natural all cases, no more dredging is to b@e erosion. Restoration and reo-air performed than is necessary to shall be in accordance with the restore the dike or irrigation or criteria set forth in Secti'6h drainage ditch to its original de- 403.918(6), F.S., and shall be sign specifications. This exemption limited to functioning seawalls or shall apply to man-made trenches dug 17-4.04(9)(f) 17-4.04(9)(i) 12-19-84 2 8 8 DER 1984 PERMITS 17-4 for the purpose of draining water 373.069, Florida Statutes, except from the land or for transporting those: water for use on the land and which 1. to be used for residential are not built for navigational pur- purposes; or poses. This exemption does not 2. which directly connect to include navigable residential canal works of said water management dis- systems. trict; or (j) Repair or replacement of 3. to be constructed in waters existing pipes to original configu- of the state. rations for the purpose of discharge (o) The construction of, or of storm water runoff. dredging or filling in, artificial W Construction and mainte- waterways, except in Class 11 nance of swales. waters, not used for residential (1) The construction at elec- purposes, and which serve as artifi- trical power plant sites which have cial tributaries only following the been approved pursuant to the Flor- occurrence of rainfall and which ida Electrical Power Plant Siting normally do not contain contiguous Act, Chapter 403, Part 11, Florida areas of standing water. Statutes, where such dredging and/or (p) The installation of sub- filling activities have been review- aqueous transmission and distribu- ed and approved as part of the site tion lines laid on', or embedded in, certification. the bottoms of waters of the state, (m) The deposition of up to and except in Class I-A and Class 11 including twenty-f ive (25) cubic waters and aquatic preserves pro- yards of material in areas of waters vided that no dredging or filling is of the state where transitional necessary. vegetation species, as described in (q) The replacement or repair Section 17-4.02(17), F.A.C., are the of subaqueous transmission and dis- dominant species, except in Class 11 tribution lines laid on, or embedded waters. No person shall be entitled in, the bottoms of waters of the to more than one exemption under state. this provision every six months. If (r) The construction of private at any time the department deter- vertical seawalls in waters of the mines that the cumulative effect of state, other than in an estuary or successive filling by a person lagoon, and the construction of either under this provision or under riprap, where such construction is some other provision of this rule between and adjoins at both ends and the provision may have a signif- existing seawalls or riprap, follows icant effect on water quality, it a continuous and uniform construc- may suspend the application of this tion line with the existing seawalls exemption provision to that person or riprap, is no more than 150 feet by notifying him in writing. in length, and does not violate (n) The construction of, or existing water quality standards, dredging or filling in, artificial impede navigation, or affect flood waterways, except in Class 11 control. However, this shall not waters, behind control structures affect the permitting requirements permitted by a water management of Chapter 161, F.S. Construction district created under Section shall be in accordance with Section 17-4.04(9)(i) 17-4.04(9)(r) 12-19-84 2 3 9 DER 1994 PERMITS 17-4 403.918(6), F.S. including such wastes as may be (s) The replacement or repair normally generated in the course of existing open-trestle foot@ of such activities which may con- bridges and vehicular bridges that taminate the brine or waters but are 100 feet or less in length and excluding sanitary wastes or wastes two lanes or less in width, provided generated by or associated with any that no more dredging or filling of sulphur recovery plant, sweetening submerged lands is performed other- plant, gas plant or refinery; which than that which is necessary to re- are permitted by the Department of place or repair pilings and that the Natural Resources pursuant to Sec- structure to be replaced or repaired tion 377.22, Florida Statutes and is the same length, the same con- Section 16C-2.06, F.A.C. figuration, and in the same location (11) Any article, machine as the original bridge. No debris equipment, contrivance, operation, from the original bridge shall be process or activity which the De- allowed to remain in the waters of partment shall determine does not the state. cause the issuance of air or water (t) The restoration of less contaminants in sufficient quantity, than 100 feet in length of existing with respect to its character, insect control impoundment dikes and quality or content, and the circum- the connection of such impoundments stances surrounding its location, to tidally influenced waters. Such use and operation, as to contribute impoundments shall be connected to significantly to the pollution prob- tidally influenced waters for at lems within the State, so that the least 6 months each year, beginning regulation thereof is not reasonably September 1 and ending February 28 justified, and which does not in if feasible, or operated in accor.- fact cause the issuance of contami- dance with an impoundment management nants in violation of law or of plan approved by the department. The these rules and regulations. Such connection shall be of sufficient determination shall be made in writ- cross-sectional area to allow bene- ing and filed by the Department as a ficial tidal influence. Restoration public record. Such determination shall involve no more dredging than may be revoked at any time. The is necessary to restore the dike to Department shall notify the Commis- original design specifications, and sion at each regularly scheduled shall be accomplished in such a meeting, in writing of each such manner that the final elevation of determination or revocation of a the dredge area shall be within 2- previous determination, with the feet of immediately adjacent bottom reasons therefor in each instance. elevations. For the purposes of These exemptions do not apply this paragraph, restoration shall to any article, machine, equipment, not include maintenance of impound- contrivance or their exhaust system, ment dikes of existing insect con@ the discharge from which contains trol impoundments. air or water-borne radioactive (10) Saltwater disposal wells material in concentrations above used fo r the disposal of water the natural radioactive background or brine produced in oil or gas concentration respectively in air or exploration or production activity; water. 17-4.04(9)(r) 17-4.04(11) 12-19-84 2 9 0 DER 1984 PERMITS 17-4 The above listed exemptions do registered in the State of Florida not relieve the named installation, except when the applicant is a facility or equipment from any other salaried officer of the government requirements of the Florida Pol- of the United States or a salaried lution Control Act or rules and engineer employed by such government regulations of the Department. while engaged within the State in Specific Authority: 403.061, the practice of professional engi- 403.805, F.S. Law Implemented: neering solely for the United States 253.123, 253.124, 403.021, 403-031, government or where professional 403.061, 403-087, 403.088, 403.802,, engineering is not required by 403-805, 403.813, F.S. History: Chapter.471, F.S. Formerly 17-4.03(2), F.A.C.; New (4) Each application for a 3-4-72; Revised 5-17-72; Amended permit shall be accompanied by a 8-7-73, 6-10-75, 10-26-75, 7-8-76, processing fee, except for applica- 7-13-78, 3-1-79; Joint Administra- tions filed by departments of the tive Procedures Committee Objection executive branch established pur- Withdrawn - See FAW Vol. 3, No. 30, suant to Chapter 20, F.S., and water 7-29-77; Amended 3-11-81, 7-8-82, management districts established 3-31-83, 3-15-84, 12-10-84. pursuant to Chapter 373, F.S. The check shall be made payable to the 17-4.05 Procedure to Obtain Department of Environmental Regula- Permit.- Application, tion. . The processing fee is non- (1) Any person desiring to refundable except as provided for in obtain a permit from the Department Section 120.60, F.S, and in this shall make application on forms section. Processing fees are as prescribed by the Department and follows: shall submit such information as the (a) Air Pollution Source Per- Department may require. The Depart- mits ment may require such person to 1. Construction Permit for a submit any additional information source having potential emissions of reasonably necessary fo r proper more than 100 tons per year of any evaluation. single pollutant $1000 (2) All applications and sup- 2. Construction Permit for a porting documents shall be filed source having potential emissions of in quadruplicate with the Depart- more than 75 tons per year of any ment. single pollutant $750 (3) To ensure protection of 3. Construction Permit for a public health, safety, and welfare source having potential emissions of any construction, modification, or more than 50 tons per year of any operation of an, installation which single pollutant $500 may be a source of pollution or a 4. Construction Permit for a public drinking water supply shall source having potential emissions of be in accordance with good pro- more than 25 tons per year of any fessional engineering practices pur- single pollutant $250 suant to Chapter 471, Florida Stat- 5. Construction Permit for a utes. Therefore, all applications source having potential emissions of for a Department permit shall be less than 25 tons per year of any certified by a professional engineer single pollutant $100 17-4.04(11) 17-4.65(4)(a)S. 2 9 1 DER 1984 PERMITS 17-4 6. Operation Permit for a 2. Operation Permit for a source required to stack sampler stormwater facility $100 actual emissions $500 3. Temporary Operation Permit 7. Operation Permit for a for a stormwater facility $500 source not required to stack sample. 4. Notice of construction of actual emissions $100 stormwater facility No Fee (b) Wastewater Permits (e) Solid Waste Permits 1. Construction Permit fo r a. 1. Construction Permit for a Type I domestic wastewater treatment Class I facility $100 facility $100 2. Construction Permit for a 2. Constructio *n Permit for a Class 11 facility $75 Type 11 domestic wastewater treat- 3. Construction Permit for a ment facility $75 Class III facility $50 3. Construction Permit for a 4. Operation Permit for a Class Type III domestic wastewater treat- I facility $100 ment facility $50 5. Operation Permit for a Class 4. Operation Permit for a Type. 11 facility $75 1 domestic wastewater treatment 6. Operation Permit for a Class facility $100 111 facility $50 S. Operation Permit for a Type (f) Hazardous Waste Permits 11 domestic wastewater treatment, 1. Construction Permit for a facility $50 hazardous waste facility $1000 6. Operation Permit for a Type 2. Operation Permit for a haz- III domestic wastewater treatment ardous waste facility $500 facility $20 3. Temporary Operation Permit 7. Construction Permit for an for a hazardous waste facility $500 industrial wastewater treatment 4. Closure Permit for a hazard- facility pursuant to Fla. Admin. ous waste facility No Fee Code Rule 17-6.300 $500 (g) Well Permits pursuant to 8. Construction Permit for all Fla. Admin. Code Rule 17-28 other industrial wastewater treat- 1. Construction Permit for a ment facilities $300 Class I well $1000 9. Operation Permit for an 2. Operation Permit for a Class industrial wastewater treatment I wel 1 $800 facility pursuant to Fla. Admin. 3. Abandonment Permit for a Code Rule [email protected] $100 Class I wel 1 $100 10. Operation Permit for all 4. Construction Permit for a other industrial wastewater treat- Class III well $100 ment facilities $50 5. Operation Permit for a 11. Temporary Operation Permit Class III well $100 for domestic and industrial waste- 6. Abandonment Permit for a water treatment facilities $500, Class III well No Fee (c) Dredge and Fill Permits 7. Construction Permit for 1. Standard form permits $100C Class V, Group 1 $20 2. Short form permits $100: 8. Operation Permit for Class (d) Stormwater Permits V, Group 1 $20 1. Construction Permit for 9. Abandonment Permit for Stormwater facilities $100 Class V, Group I No Fee 17-4.05(4)(a).&. -- 17-4.05(4)(g)9. 12-19-84 2 9 2 DER 1984 PERMITS 17-4 The above listed exemptions do registered in the State of Florida not relieve the named installation, except when the applicant is a facility or equipment from any other salaried officer of the government requirements of the Florida Pol- of the United States or a salaried lution Control Act or rules and engineer employed by such government regulations of the Department. while engaged within the State in Specific Authority: 403.061, the practice of professional engi- 403.805, F.S. Law Implemented: neering solely for the United States 253.123, 253.124, 403.021, 403.031, government or where professional 403.061, 403.087, 403.088, 403.802, engineering is not required by 403.805, 403.813, F.S. History: Chapter 471, F.S. Formerly 17-4.03(2), F.A.C.; New (4) Each application for a 3-4-72; Revised 5-17-72; Amended permit shall be accompanied by a 8-7-73, 6-10-75, 10-26-75, 7-8-76, processing fee, except for applica- 7-13-78, 3-1-79; Joint Administra- tions filed by departments of the tive Procedures Committee Objection executive branch established pur- Withdrawn - See FAW Vol. 3, No. 30, suant to Chapter 20, F.S., and water 7-29-77; Amended 3-11-81, 7-8-82, management districts established 3-31-83, 3-15-84, 12-10-84. pursuant to Chapter 373, F.S. The check shall be made payable to the 17-4.05 Procedure to Obtain Department of Environmental Regula- Permit; Application. tion. The processing fee is non- (1) Any person desiring to refundable except as provided for in obtain a permit from the Department Section 120.60, F.S, and in this shall make application on forms section. Processing fees are as prescribed by the Department and follows: shall submit such information as the (a) Air Pollution Source Per- Department may require. The Depart- mits ment may require such person to 1. Construction Permit for a submit any additional information source having potential emissions of reasonably necessary for proper more than 100 tons per year of any evaluation. single pollutant $1000 (2) All applications and sup- 2. Construction Permit for a porting documents shall be filed source having potential emissions of in quadruplicate with the Depart- more than 75 tons per year of any ment. single pollutant $750 (3) To ensure protection of 3. Construction Permit for a public health, safety, and Welfare' source having potential emissions of any construction, modification, or more than 50 tons per year of any operation of an installation which single pollutant $500 may be a source of pollution or a 4. Construction Permit for a public drinking water supply shall source having potential emissions of be in accordance with good pro- more than 25 tons per year of any fessional engineering practices pur- single pollutant $250 suant to Chapter 471, Florida Stat- 5. Construction Permit for a utes. Therefore, all applications source having potential emissions of for a Department permit shall be less than 25 tons per year of any certified by a professional engineer single pollutant $100 12-19-84 17-4.04(11) -- 17-4.05(4)(a)5. 2 9 1 DER 1984 PERMITS 17-4 6. Operation Permit for a 2. Operation Permit for a source required to stack sample stormwater facility $160 actual emissions $500 3. Temporary Operation Permit 7. Operation Permit for a for a stormwater facility $500 source not required to stack sample 4. Notice of construction of actual emissions $100 stormwater facility No Fee (b) Wastewater Permits (e) Solid Waste Permits 1. Construction Permit for a 1. Construction. Permit for a Type I domestic wastewater treatment Class I facility $100 facility $100 2. Construction Permit for a 2. Construction Permit for a Class 11 facility $75 Type 11 domestic wastewater treat- 3. Construction Permit for a ment facility $75, Class III facility $50 3. Construction Permit fo r a, . 4. Operation Permit for a Class Type III domestic wastewater treat- I facility $100 ment facility $50 5. Operation Permit for a Class 4. Operation Permit for a Type, 11 facility $75 1 domestic wastewater treatment 6. Operation Permit for a Class facility $100 111 facility $SO 5. Operation Permit for a Type (f) Hazardous Waste Permits 11 domestic wastewater treatment 1. Construction Permit for a facility $50 hazardous waste facility $1000 6. Operation Permit for a Type 2. Operation Permit for a haz- III domestic wastewater treatment ardous waste facility $500 facility $20 3. Temporary Operation Permit 7. Construction Permit for an for a hazardous waste facility $500 industrial wastewater treatment 4. Closure Permit for a hazard- facility pursuant to Fla. Admin. ous waste facility No Fee Code Rule 17-6.300 $500 (g) Well Permits pursuant to 8. Construction Permit for all Fla. Admin. Code Rule 17-28 other industrial wastewater treat- 1. Construction Permit for a ment facilities $300 Class I wel 1 $1000 9. Operation Permit for an 2. Operation Permit for a Class industrial wastewater treatment I wel 1 $800 facility pursuant to Fla. Admin. 3. Abandonment Permit for a Code Rule 17-6.300 $100 Class I wel 1 $100 10. Operation Permit for all 4. Construction Permit for a other industrial wastewater treat-' Class III well $100 ment facilities $501, S. Operation Permit for a 11. Temporary Operation Permit, Class III well $100 for domestic and industrial waste-- 6. Abandonment Permit for a water treatment facilities $ 5.0,'0. Class III well No Fee (c) Dredge and Fill Permits 7. Construction Permit for 1. Standard form permits $11000- Class V, Group 1 $20 2. Short form permits $1100, 8. Operation Permit for Class (d) Stormwater Permits V, Group 1 $20 1. Construction Permit for- 9. Abandonment Permit for Stormwater facilities $100 Class V, Group 1 No Fee 17-4.05(4)(a).6. 17-4.05(4)(g)9. 12-19-84 2 9 2 DER1984 PERMITS 17-4 10. Construction Permit for (k) Application fees for per- Class V, Group 2 $20 mits for drinking water treatment 11. Operation Permit for Class facilities or water supply wells V, Group 2 $20 shall he deposited as General Reve- 12. Abandonment Permit for nue. All other fees shall be depos- Class V, Group 2 No Fee ited in the Florida Permit Fee Trust 13. Construction Permit for Fund created pursuant to Section Class V, Group 3, $100 403.087(5). except for swimming pool drainage (1) If the department requires wells which shall be No Fee by rule or permit condition that any 14. Operation Permit for Class specific permit be renewed more fre- V, Group 3 $100 quently than once every five years, IS. Abandonment Permit for the permit fee shall be prorated Class V, Group 3 No Fee based upon the permit fee schedule 16. Construction Permit for in effect at the time of permit Class V, Group 4 $100 renewal. Upon issuance of such a except for commercial laundries permit, a prorated refund of the fee which shall be $20 shall be returned to the applicant. 17. Operation Permit for Class This provision does not apply to V, Group 4 $100 permits issued for less than five except for commercial laundries years which could be extended to which shall be $20 five years without the filing of an 18. Abandonment Permit for appl'ication for renewal. However, Class V, Group 4 $20 applications for permits to continue 19. Construction Permit for operation of a facility where an Class V, Group 5 $20 existing permit has or is about to 20. Operation Permit for Class expire in accordance with Section V, Group 5 $20 403.087(l), F.S., shall he accompa- 21. Abandonment Permit for nied by the appropriate processing Class V, Group 5 No F ee fee. 22. Construction Permit for (m) This fee schedule does not Class V, Group 6 well $20 apply to applications for certifica- 23. Operation Permit for Class tion pursuant to Sections 288.501- V, Group 6 well $20 288.518, Florida Industrial Siting 24. Abandonment Permit for Act; to Sections 403.501-403.519, Class V, Group 6 well No Fee Florida Electrial Power Plant Siting (h) Drinking Water (Public Act; and to Sections 403.52-403.539, Water Supply) Permits Transmission Line Siting Act. 1. Construction Permit for a (n) This fee schedule will drinking water treatment facility supersede all. other references to to $20 fees in Department rules or forms, 2. Construction Permit for a where in conflict except as noted in water supply well $20 Rule 17-4.05(4)(m). 0) General Permit No Fee Specific Authority: 403.021, (j) Permits to construct or 403.031, 403-061, 403.088, F.S. operate any other type of facility Law Implemented: 403.021, 403.031, or stationary installation not spe- 403.061, 403.087, 403.088, F.S. cifically listed in (a) through (i) History: New 5-17-72, Amended $100 6-19-74, 7-8-82. 12-19-84 17-4.05(4)(g)10. 17-4.05 (History) 2 9 3 DER1984 PERMITS 17-4 0 17-4.055 Permit Processing. receipt of the original application, (1) Within 30 days af ter the last item of timely requested receipt of an application for a per- additional material, or the appli- mit the Department shall review the cant's written request to begin application and shall request sub- processing the permit application, mittal of additional information the whichever occurs last. Department is authorized hy law to (6) The above procedure does request. not apply to hazardous waste facil- (2) If the applicant believes ity permitting under Florida Admin- any Department request for addition-.. istrative Code Rule 17-30, or other Ial information is not authorized permitting for which there aire more by law or rule, the applicant may specific procedures. request a hearing pursuant to Sec- Specific Authority: 403.161, tion 120.57, Florida Statutes. 403.087, F.S. Law Implemented: (3) Within 30 days af ter 40.021, 403.061, 403.062, 403.087, receipt of such additional infor- 403.0876, F.S. History: New mation, the Department shall revieW 12-3-84. it and may request only that infor- mation needed to clarify such addi- 17-4.06 Consultation. The tional information or to answer Applicant, or his engineer, may new questions raised by or directly consult with Department personnel related to such additional infor' concerning the operation, construc- mation. tion, expansion, or modification of (4) If the applicant believes any installation concerning the the request of the Department for required pollution control devices such additional information is not or system, the efficiency of such authorized by law or rule, the devices or system, or the pollution Department, at the applicant's problem related to the installation. request, shall begin to process the However, any representation by the permit application. Such a request Department member shall not relieve by the applicant shall be in writing any person of any requirement of the and be clearly labelled as a request Florida Pollution Control Act or for department to process permit Department rules, regulations or application. The applicant's request standards. shall state the reasons why the Specific Authority: 403.021, applicant believes the Department's 403.031, 403.061, 403.088, F.S. request for additional information Law Implemented: 403.021, 403.031, is not authorized by law or rule. 403.061, 403.087, 403.088, F.S. The applicant shall clearly state History: New 5-17-72. that the applicant requests the' Department to process the applica- 17-4.07 Standards for Issuing or tion without that information. Said Denying Permits; Issuance; Denial. request shall be submitted to thO (1) A permit may be issued to Department District or office from the applicant upon such conditions which the request for addition4l as the Department may direct, only information was sent. if the applicant affirmatively pro- (5) Permits shall be approved vides the Department with reasonable or denied within 90 days after assurance based on plans, test 12-19-84 17-4.055(l) -- 17-4.07(l) 2 9 4 DER 1984 PERMITS 17-4 results and other information, that regulations, and standards, except the construction, expansion, modifi- that a water pollution temporary cation, operation, or activity of operation permit may be issued pur- the installation will not discharge, suant to Section 403.088(4), F.S. emit, or cause pollution in contra- (7) The applicant shall he vention of Department standards or promptly notified if the Department rules. intends to deny the application, and (2) The Department shall issue shall be informed of the reasons permits to construct, operate, main- therefore, and of the right to tain, expand, or modify an installa- request a public hearing. tion which may reasonably be expect- (8) The issuance of a permit ed to be a source of pollution only does not relieve any person from when it determines that the instal- complying with the Florida Pollution lation is provided or equipped with Control Act, or Department rules, pollution control facilities that regulations, and standards. will abate or prevent pollution to (9) The Department's duly the degree that will comply with the authorized permitting agents shall standards or rules promulgated by have the function of accepting, the Department except as provided in processing, handling, and reviewing Chapter 403.088, F.S. all permit applications and the (3) If, after review of the issuance and denial of permits on application and all the information, the Department's behalf subject to the Department determines that the review in accordance with section construction, modification, expan- 17-4.15, F.A.C. sion, or operation of the installa- Specific Authority: 403.021, tion will not be in accord with 403.031, 403.061, 403.088, F.S. applicable laws, rules, or regula- Law Implemented: 403.021, 403.031, tions, including rules and regula- 403.061, 403.087, 403.088, F.S. tions of approved local programs, History: New 5-17-72, Amended the Department shall deny the 7-8-82, 2-1-83, 12-3-84. permit. (4) The Department may issue 17-4.08 Modification of Permit any permit upon specified conditions Conditions. reasonably necessary for the preven- (1) After notice and a pubiic tion of pollution. hearing, if requested, the Depart- (5) All Department permits ment may require the permittee from shall be renewable five (5) years time to time, for good cause, to from the date of issue except that conform to new or additional condi- an earlier renewal date may be spec- tions. The Department shall allow ified by the Department; however, the permittee a reasonable time to construction permits may be issued conform to the new or additional for a period of time as necessary. conditions and on application of the (6) No permit for operation permittee the Department may grant shall be issued for an installation additional time. for which a notice of violation has For the purpose of this sec- been issued until such time as the tion, . good cause shal I include, installation is in full compliance but not he limited to, the follow--- with the law and Department rules, ing: 17-4.07(l) 17-4.08(l) 12-19-84 2 9 5 DER 1984 PERMITS 17-4 (a) A showing that an improve- to the provisions of Chapter 403, ment in effluent or emission quality FS, and rules and regulations of the or quantity can be accomplished, Department. because of technological advances (2) Failure to comply with without unreasonable hardship. pollution control laws, rules and (b) A showing that a higher regulations shall be grounds for degree of treatment is necessary to suspension or revocation. effect the intent and purpose of (3) A permit issued pursuant Chapter 403, FS. to this Chapter shall not become (c) A showing of any change in a vested property right in the per- the environment or surrounding con- mittee. The Department may revoke ditions that requires a modification any permit issued by it if it finds of the installation permitted so that the permit holder or his agent. that it conforms to applicable air (a) Submitted false or inaccu- or water quality standards. rate information in his application (d) Concerning permits relating or operational reports. to discharge into State waters, a (b) Has violated law, Depart- showing that new or changed clas- ment orders, rules or regulations or sification of the water requires a permit conditions. modificationr of the discharge. (c) Has failed to submit opera- (e) Adoption or revision of tional reports or other information Florida Statutes, rules, regulations required by Department rules or and standards which require the regulations. modification of a permit condition (d) Has refused lawful inspec- for compliance. tion under Section 403.091, F.S. Specific Authority: 403.021, No revocation shall become 403.031, 403.061, 403.088, F.S. effective except after notice is Law Implemented: 403.021, 403.031, served upon the person or persons 403.061, 403.087, 403.088, F.S. named therein and a hearing held if History: New 5-17-72. - requested within the time specified in the notice. The notice shall 17-4.09 Renewals. Prior to specify the provision of the law, sixty days before the expiration of rule or regulation alleged to he any Department permit, the permittee violated, and/or the permit condi- shall apply for a renewal of a per- tion or Department order alleged to mit on forms and in a manner pre- he violated, and the facts alleged scribed by the Department. to constitute a violation thereof. Specific Authority: 403.021, Specific Authority: 403.061, (7), 403.031, 403.061, 403.088, F.S. F.S. Law Implemented: 403.021, Law Implemented: 403.021, 403.031, 403.031, 403.061, 403.087, 403.088, 403.061, 403.087, 403.088, F.S. F.S. History: Formerly 17-4.07 History: New 5-17-72. FAC, New 3-4-70, Revised 5-17-72, Amended 8-7-73. 17-4.10 Suspension and Revocation. 17-4.11 Financial Responsibil- (1) Permits shall he effective ity. The Department may require an until suspended, revoked, surrender- applicant to submit proof of finan- ed, or expired and shall he subject cial responsibility and may require 12-19-94 17-4.08(l)(a) -- 17-4.11 2 9 6 DER 1984 PERMITS 17-4 the applicant to post an appropriate Specific Authority: 403.021, bond to guarantee compliance with 403.031, 403.061, 403.088, F.S. the law and Department rules and Law Implemented: 403.021, 403.031, regulations. 403.061, 403.087, 403.088, F.S. Specific Authority: 403.061, (7), History: New 3-4-70, Revised F.S. Law Implemented: 403.021, 5-17-72. 403.031, 403.061, 403.087, 403.088, F.S. History- New 5-17-72, 17-4.14 Reports. Amended 8-7-73. (1) Owners of installations subject to the provisions of these 17-4.12 Transfer of Permits. A rules shall provide operational data permit is issued in the name of a and controltest records required to person. Upon sale or legal transfer indicate operating efficiency of of a permitted facility, the new said works and transmit these rec- owner must apply by letter for a ords to the Department. transfer of permit within thirty (2) Owners of installations (30) days. Unless the transferor subject to provisions of Chapter notifies the Department of the 17-2 F. A. C. Air Pollution, and transfer and to whom transferred, installations which have been shut- the - transferor will remain liable down more than 1 year shall notify for performances in, accord with the the Department in writing of the permit until the transferree applies intent to start up, a minimum of for a transfer of permit., 60 days prior to the intended start Specific Authority: 403.021, up date. The notification shall 403.031, 403.061, 403.088, F.S. include information as to the start Law Implemented: 403.021, 403.031, up date, anticipated emission rates 403.061, 403.087, 403.088, F.S. or pollutants released, changes to History: New 3-4-70, Revised processes or control devices which 5-17-72. will result in changes to emission rates and any other conditions which 17-4.13 Plant Operation - Prob- may differ from the valid outstand- lems. In the event the permittee ing operation permit. is temporarily unable to comply with (3) Provided, however, thal if any of the conditions of the permit due to an emergency a start up date due to breakdown of equipment or is not known 60 days prior thereto, destruction by hazard of fire, wind the owner shall notify the Depart- or by other cause, the permittee is ment as soon as possible after to immediately notify the Depart- the date of such start up is ascer-- ment. Notification shall include tained. pertinent information as to the Specific Authority'. 403.021, cause, and what steps are being tak- 403.031, 403.061, 403.088, F.S. en to correct the problem and pre- Law Implemented: 403.021, 403.03!, vent its recurrence and the owner's 403.061, 403.087, 403.088, F.S. intent toward reconstruction of de- History: New 3-4-70, Revised stroyed facilities where applicable. 5-17-72, Amended 7-20-76. 17 17-4.11 -4.14(History) 12-19-84 2 9 7 DER1984 PERMITS 17-4 17-4.15 Review. An applicant- who has not been given a hearing and' who is denied a permit or a renewal or modification of a permit, or a- permit holder whose permit is sus- pended or revoked may request a hearing before the Department in ac-- cordance with Chapter 120, FS, with- in ten days after notification of denial, suspension, or revocation. Failure to request a hearing within the time specified. shall be deemed a waiver of the right to a public hearing. Specific Authority: 403.021, 403.031, 403.061, 403.088, F.S. Law Implemented: 403.021, 403.031, 403.061, 403.087, 403.088, F.S. History: New 5-17-72. 17-4.15 12-19-84 2 98 DER 1984 PERMITS 17-4 PART It with the applicant. SPECIFIC PERMITS; REQUIREMENTS (d) Owners' written guarantee to meet the design criteria as 17-4.20 Scope of Part It. This accepted by the Department and to Part sets forth additional require- abide by Chapter 403, FS. and the ments for certain Department per- rules and regulations of the Depart- mits. ment as to the quantities and types Specific Authority: 403.021, of materials to be discharged from 403.031, 403.061, 403.088, F.S. the plant. The owner may be re- Law Implemented: 403.021, 403.031, quired to post an appropriate bond '403.061, 403.087, 403.088, F.S. to guarantee compliance with such History: New 5-17-72. conditions in instances where the owner's financial resources are in- 17-4.21 Construction Permits. adequate or proposed control facil- (1) In addition to requirements ities are experimental in nature. of Part I of this Chapter, a Depart- (2) The construction permit may @ment Construction Permit shall be contain an expiration date as deter- in accordance with the mined by the Secretary. following: (3) When the Department issues (a) A notice of intent by the a permit to construct, the recipient owner(s) of his (their) authorized of said permit shall he allowed a ag ent. period of time, specified in the (b) A completed application permit to construct, and for operat- form furnished by the Department. ing and testing to determine com- (c) An engineering report pliance with Chapter 403, FS, and ,@covering plant description and oper- the rules and regulations of the ations, types and quantities of all Department. The Department may -waste material generated whether require such tests and evaluations t@4,iquid, gaseous or solid, and pro- of the treatment facilities to be ,,Oosed waste control facilities, the accomplished by the applicant at his Iltmreatment objectives and -the design expense. "triteria on which the control facil Specific Authority: 403.021, 403.031, 403.061, 403.088, F.S. @.@.@-4fies @ are based, and other infor- m7ation deemed relevant. Design Law Implemented: 403.021, 403.031, `.@@criteria shall be be based on the 403.061F 403.087, 403.088, F.S. 1@@,,f@eSU Its of laboratory and pilot- History: New 5-17-72. @@,151-ant scale . studies whenever such @@sludies are warranted. The design 17-4.22 Operation Permit for 'Refficiencies of the proposed waste New Sources. @,,,Areatment facilities and the quanti- (1) Procedure to obtain permit. @AiJes and types of pollutants in the To secure an Operation permit ,Jreated effluents or emissions shall for new sources it shall be neces- Ai indicated. Work of this nature sary to submit the following on [email protected] subject to the requirements forms and in the manner prescribed of, Chapter 47 1, FS. Where confiden- by the Department: (a) Certification of construc- ial,@-'records are involved, the Sec- re a,r-.y is authorized to limit full tion completion by Permittee or his after personal discussion engineer, if applicable, noting any 17-4.20 17-4.22(l)(a) -84 2 9 9 DER 1984 PERMITS 17-4 is permit deviations. ogy even if this would require con- (b) Final construction costs of trol below source emission limits pollution control facilities. for existing sources as defined by (2) Permit Guarantees An Chapter 17-2, Florida Administrative operation permit shall refer to the Code. approved guarantees for the plant, (c) New control devices in- identifying such guarantees by date, stalled on existing process equip- name and number, a copy of which ment for the purpose of decreasing shall, at the option of the dwner, air pollutant mass emission rates be attached to the permit perma- shall comply with the existing nently retained in the office by source limitations pursuant to 17-2, an authorized representative. of the Florida Administrative Code. Department. (d) New sources, either process Specific Authority: 403.021, or control devices (not installa- 403.031, 403.061, 403.088, F.S. tions as described in item I or 2 Law Implemented: 403.021, 40i.031, above) shall be required to use the 403.061, 403.087, 403.088, F.S. applicable emission limits as design History: Formerly 17-4.05, Kew. criteria, or, if these are beyond 3-4-70, Revised 5-17-72. present and forseeable technology, as goals. The new source shall uti- 17-4.23 Operation Permits; for lize the best and latest technology, Air Pollution Sources. shall be reviewed on a continuing (1) Operation permits for air basis and improvements may be pollution sources shall be obtained applied to both new and existin.*- in accordance With Part I of this stallations as technology per Chapter except that the fol.lowing (2) Any person intending to additional standards for issuance or emit wastes into the air of the denial of a permit shall apply to State shall make application to the air pollution sources regulated by Department for an air pollution Chapter 17-2, Florida Administrative operation permit. Application shall Code: be made in accordance with Part I of (a) If the process installation Chapter 17-4, Florida Administrative which is a replacement or major Code, and shall include: modification does hot increase the (a) The daily concentration and total mass air emissions (mass rate total daily weight of each contami- per unit time expressed in # or nant contained in the emission. tons/day) more than 10% above that (b) Any additional information required by the existing source reasonably necessary to evaluate the limitations, and which replacement effect of such emissions upon the or modification does not result in air of the State. the emission of any air pollutants (3) If the Department finds not previously emitted, the Instal- that the proposed emissions will lation shall be required to comply reduce the quality of the air below with the existing source Ilititations the standards established for them pursuant to Chapter 17-2, Florida or will violate other rules, it Administrative Code. shall deny the application and (b) Existing sources shall refuse to issue a permit. utilize the best available technol- (4) A permit issued pursuant to 17-4.2-2(l)(a) -- 17-4.23(4) Is 12-19-84 3 0 0 DER 1984 PERMITS 17-4 this section shall: that the proposed discharge will (a) Specify the manner, nature, reduce the quality of the receiving volume and frequency of the emission waters below the classification permitted established for them or if the (b) Require proper operation proposed discharge will violate any and maintenance of any pollution Department rule or standard, it abatement facility by qualified per- shall deny the permit. sonnel in accordance with standards (3) A permit issued pursuant to established by the Department; this section shall: (c) Contain such additional (a) Specify the manner, nature, conditions, requirements and re- volume and frequency of the dis- strictions as the Department deems charge permitted necessary to preserve and protect (b) Require proper operation the quality of the air. and maintenance of any pollution (5) An operation permit may be abatement facility by qualified per- renewed upon application to the sonnel in accordance with standards Department. No renewal permit shall established by the Department; and be issued if the Department finds (c) Contain such additional that the proposed emission will conditions, requirements and re- reduce the-quality of the air below strictions as the Department deems the standards established for them. necessary to preserve and protect Specific Authority: '403.021, the quality of the receiving waters. 403.031, 403.061, 403.088, F.S. (4) An operation permit may he Law Implemented: 403.021, 403.031, renewed upon application to the 403.061, 403.087, 403.088, F.S. Department. No renewal permit shall H istory: New 5-17-72. be issued if the Department finds that the proposed discharge will 17-4.24 Operation Permits for reduce the quality of the receiving Water Pollution Sources. waters below the classification (1) Any person intending to established for them. discharge wastes into the waters of Specific Authority: 403.061, the State shall make application to 403.088, F.S. Law Implemented: the Department for a water pollution 403.021, 403.031, 403.061, 403.087, prevention operation permit. Appli- 403.088, 403.101, F.S. History: cation shall be made in accordance New 5-17-72. with Part I of Chapter 17-4, Florida Administrative Code, and shall in- 17-4.242 Special Protection: clude: Outstanding Florida Waters; (a) The daily concentration and Equitable Abatement. total daily weight of each contami- (1) Outstanding Florida Waters nant contained in the discharge (a) No Department permit (b) The daily temperature of or water quality certification the discharge shall be issued for any stationary (c) Any additional information installation which significantly reasonably necessary to evaluate the degrades, either alone or in combi- effect of such discharges upon the nation with other stationary instal- receiving waters. lations, or is within Outstanding (2) If the Department finds Florida Waters, unless the applicant 17-4.23(4) 17-4.242(l)(a) 12-19-84 3 0 DER1984 PERMITS _XI-4 affirmatively demonstrates th:at: extension of the thirty-day time 1. With respect to b 'loWdown limit on cons truction-caused degra- from a recirculated cooling water dation for a period demonstrated by system of a steam electrical gener- the applicant to be unavoidable and ating plant, that the discharge*: where suitable management practices a. Meets the applicable- limita- and technology approved by the tions of Subsection 17-3.05(l)(d), Department are employed to minimize F.A.C., at the point of d1scharge such degradation. (POD); or, (b) The Department recognizes b. Has a zone of mixing es- that it may be necessary to permit tablished pursuant to Subsection limited activities or discharges in 17-3.05(l)(02., F.A.C., which as- Outstanding Florida Waters in order sures the protection and propagation to allow for or enhance public usage of a balanced indigenous population or for the maintenance of facilities of shellfish, fish and wildlife' in existing prior to the effective date and on the Outstanding Flori,da' Wa- of this rule or facilities permitted ter, and which is established' taking subsequent to adoption of this rule. into account the recreational and/or However, such activities or dis- ecological significance of such charges will only he permitted if: water; and, 1. The discharge or activity is c. Meets the temperature limits in compliance with the provisions of Subsection 17-3.05(l) (d), F.-A.C., specified in subparagraph (1)(a)2. at the-boundary of the mixing zone of this Section; or, established pursuant to Subsection 2. Management practices 17-3.05(l)(f)2., F.A.C.; or, suitable technology approved b 2. The proposed activity of Department are implemented f discharge is clearly in the public stationary installations including interest; and either those created for drainage, flood a. A Department permit for the control, or by dredging or filling; activity has been issued or an and, application for such permit was com- 3. There is no alternative to plete on the effective date of the the proposed activity, including the Outstanding Florida Water designa- alternative of not undertaking any tion; or, change, except at an unreasonably b. The existing ambient water higher cost. quality within Outstanding Florida (c) For the purpose of Sub- Waters will not be lowered: as a section 17-4.242(l), "significantly result of the proposed activity or degrades" for the Suwannee River discharge, except on a temporary shall mean any lowering of the basis during construction for a existing ambient water quality. period not to exceed thirty days; This paragraph 17-4.242(l)(c) shall lowered water quality would occur be effective only until June 30, only within a restricted mixing zone 1985. approved by the Department;. - and, (d) For the purpose of Subsec- water quality criteria would not tion 17-4.242(l), the term "existing be violated 'Outside the rest*ricted ambient water quality" shall mean mixing zone. Provided, h9w6ver, water quality which could reason- that the Department may allow an ably be expected (based on the best - . 0 17-4.242(l)(a) 17-4.242(l)(d) 12-19-84 3 0 2 DER1984 PERMITS 17-4 scientific information available) to and Section 17-4.02, F.A.C.; or have existed for the year prior to 4. Any other permittable proj- the effective date of an Outstanding ect of the Army Corps of Engineers Florida Water designation, including deemed necessary by the Department. daily, seasonal, and other cyclic The Environmental Regulation fluctuations, taking into consid- Commission is adopting subsection eration the effects of allowable (1)(g) to ensure that state water discharges for which a Department quality standards are consistent permit was issued or an application with the June 29, 1983 Memorandum of for such permit was filed and com- Agreement among Alabama, Georgia, plete on the effective date of Florida, and the U.S. Army Corps of designation. Engineers, Mobile District, regard- (e) Subsection 17-4.2420) ing the Apalachicola-Chattahoochee- shall not apply to any dredge or Flint River System. U pon the fill activity or discharge currently completion of the navigation main- permitted by the Department or for tenance plan called for in that which an application for a permit agreement (expected by October 1, was filed and complete on the effec- 1985), it is the intent of the tive date of an Outstanding Florida Commission to implement the recom- Water designation, nor shall it mendations of the interstate naviga- apply to any renewal of an existing tion maintenance plan. Department permit where there is no (2) Equitable Abatement. modification in the dredge or fill (a) It shall be Department pol- activity or discharge, which would icy to further protect and enhance necessitate a permit review. the quality of those surface waters (f) Any activity that is ex- whose quality has been artificially empted from permit programs adminis- lowered below the quality necessary tered by the Department, and any to support their designated uses. non-point source on land used for For such waters, no new activity or agricultural purposes is not subject discharge shall be issued a Depart- to the requirements of Section ment license to construct unless the 17-4.242. applicant affirmatively demonstrates (g) For the Apalachicola River that: north of Gulf County, this section 1. Water quality standards once shall not apply in the federally- achieved would not be violated as a authorized nine-foot navigation result of the proposed activity or project, as follows: discharge; 1. Maintenance dredging and 2. The proposed activity or disposal and snag removal by the discharge is necessary or desirable Army Corps of Engineers as presently under federal standards; and performed pursuant to existing 3. The proposed activity or permits and its continuation under discharge is clearly in the public renewals thereof; or interest. 2. Class A and B emergencies (b) T o allocate equitably the as defined in Section 17-4.28(5), relative levels of responsibility F.A.C.; or for abatement among persons directly 3. Exemptions to permitting discharging significant amounts of specified in Section 403.813, F.S. pollutants into waters whi ,ch fail to 12-19-84 17-4.242(l)(d) 17-4.242(2)(b) 0 3 DER 1984 PERMITS 17-1 meet one or more of the water qual- installations. ity criteria applicable to - ' those 3. The county government within waters, it is necessary to determine which each stationary installation the amounts of those pollutants identified under subparagraphs 1. contributed by each of those persons and 2. of this paragraph is located and to consider all factors relevant shall be given notice of the pro- to the equitable allocation of_ that ceeding, as shall the municipality, responsibility. The following - pro- if the stationary installation is visions of this section prescribe located within a municipality. the means by which the Department, 4. The Department may identify upon the petition of a ' license any other owners of existing sta- applicant, will equitably allocate tionary installations which it deems among such persons the relative necessary to allocate equitably the levels of abatement responsibility relative levels of responsibility of each for abatement of* those for abatement of pollutants which pollutants and by which' it will contribute to the failure of those establish for each of those persons, waters to meet any criterion speci- if necessary, an abatement program fied in the petition. and schedule to accomplish any 5. Those owners identified by abatement determined necessary under the petitioner and the Department the provisions of this Section@ shall be joined as parties in the (01. For a surface watler..body, licensing proceeding. Nothing shall or portion thereof, which is deter- preclude any party from requiring mined by the Department to fail to the joinder, as a party to the#ro- meet one or more of the water quali- ceeding, of the owner of any r 0 ty criteria applicable to that water existing stationary insta on body, an applicant for a license to upon written motion and an affir- construct or operate a stationary mative demonstration that such sta- installation to discharge ' wastes tionary installation is discharging which contributes, or will con'trib- significant amounts of one or more ute, to that failure may petition pollutants which contribute to the the Department in writing- for an failure of the subject water body to equitable allocation of the relative meet any criterion specified in the levels of responsiblity for abate- petition. A motion for joinder shall ment among the stationary @installa- be filed within 20 days of receipt tions which discharge significant by the movant of notice that it has amounts of one or more of ;the pol- been joined in the proceeding. ILItants which contribute to. the (d) License applications filed failure of those waters to meet the by the petitioner, or any other water quality criterion(a) specified party, for waste discharges which in the petition. are identified pursuant to paragraph 2. The applicant shall J' dentify (2)(c) above in the equitable allo- in the petition the locatijOn of cation process under this Section each of the existing stAtionary shall be deemed incomplete or the installations which it wi.sKes' the subject of a dispute of material Department to consider and t.hL;-Iegal fact for purposes of Chapter 120, name and mailing address of the F.S. However, if an application for owners of each of those stationary renewal of an existing license has 17-4.'Y42(2) (b) 17-4.242(2)(d) 12-19-84 3 0 4 DER 1984 PERMITS 17-4 h@een timely filed with the Depart- benefits gained from said abatement ment, the existing license shall techniques. remain in full force and effect 2. The identification and esti- until such time as a new or modified mated cost of alternative abatement license has been issued pursuant to techniques available for each sta- paragraph (2) (k) . tionary installation. Identified (e) Prior to determining the techniques shall include: most equitable allocation of respon- (i) T hose techniques which sibility for abatement under sub- would abate the level of pollutants paragraph (f), the Department shall to the degree required by the quan- determine the percentage and quanti- tities of contributed pollutants fication of the total contribution determined under paragraph (e), or and the contribution by each of the the maximum degree possible, if the stationary installations identified degree required is not presently under paragraph (c) of the pollut- attainable. ants identified under paragraph (c) (i i) Those techniques which which contributes to the failure of would abate additional quantities of the subject waters to meet the water pollutants beyond the quantities quality criterion specified in the determined under paragraph (e) and petition. -Provided, however, that the approximate percentage of addi- the Department, upon petition by an tional abatement which could be affected party pursuant to Section provided. 17-3.031, F.A.C., may establish more 3. The economic and production appropriate less stringent criteria impacts of additional abatement on upon which to base quantification each party, if any. calculations. For the purpose of 4. Other environmental impacts performing quantification calcula- of available abatement techniques. tions, the Department shall assume (g) In determining the percent- waste discharges entering the water ages and quantities under paragraph body from an adjacent state as a (e), the Department shall use the separate point source of pollution. best scientific and technical infor- (f) The following factors shall mation, methods, and data in the be considered by the Department in possession of the Department. determining the most equitable (h) Each party to the licensing allocation among the parties identi- proceeding shall provide the Depart- fied pursuant to paragraph (c) of ment, and each other party except as the relative levels of responsibili- provided by Section 403.111, F.S., ty of each for abatement of the with any information which is re- pollutants with which the petition quested by the Department and neces- is concerned: sary for the determination under 1. The percentage and quanti- paragraphs (e) and (f). With regard fication of the abatement achieved to the determination under subpara- by abatement techniques previously graph (f)2.(ii), however, parties undertaken, if any, by each of shall only be required to provide those stationary installations and that information within their pos- the costs previously incurred, if session at the time of the Depart- any, with respect to each, along ment's request. The Department with any. economic or production shall make available to a party any 12-19-84 17-4.242(2)(d) -- 17-4.242(2)(h) 3 0 S DER 1984 PERMITS 17-4 information in its possession.,- and Specific Authority: 403.061, shall provide reasonable assistance 403.062, 403.087, 403.504, 403.704, to any party in iclentifyin@g that 403.804, 403.805, F.S. Law Imple- information which would assist the mented: 403.021, 403.061, 403.087, party in complying with the Depart- 403.088, 403.101, 403.111, 403.121, ment's request. 403.141, 403.161, 403.182, 403.502, (i) Each party shall undertake 403.702, F.S. History: New 3-1-79, a program approved by the Depaetment Amended 5-14-81, 9-30-82, 3-31-83, to abate the quantity of contributed 4-9-84, 11-29-84, 12-11-84. pollutants for which it is deter- mined responsible under Subsection 17-4.243 Exemptions from Water (e). Such abatement program shall Quality Criteria. include but not be limited to, a (1) Exemptions for artificial quantified effluent limitation, best water bodies classified for agri- management practices or specific cultural water supplies. techiques for abatement, *an-d a (a) The Secretary may, upon the schedule for commencement and-.com- petition of an affected person or pletion of the required abatement. permit applicant and after public In establishing an abatement sched- notice in the Florida Administrative u le, -the Department shal,l consider Weekly and in a newspaper of general the previous abatement efforts and circulation in the area of the wa- their costs, the reasonable remain- ters affected and after opportunity ing usable life of the discharge for public hearing pursuant to Chap- facility, and any commitments for ter 120, Florida Statutes, issuigin phasing out the discharge fro.m-. the Order for the duration of tl@ t facility. specifically exempting sou, ces of (j) An abatement program pollution from the Class IV water required under paragraph (1) may quality criteria contained in Sec-- include the agreement of one owner tion 17-3.131, F.A.C., for wholly to undertake additional abatement artificial bodies upon affirmative on behalf of another owner. When demonstration by the Petitioner of such an agreement has been executed the following: fully and filed in writing with - the 1. granting the exemption is in Department within a reasonable the public interest; and, period of time set by the Depart- 2. the public has limited ment, the agreement shall be recog- access to the waters under consider- nized in the licenses of the, -si'g- ation; and, natory parties to the extent that it 3. the waters are not utilized satisfies the levels of abateihent, for recreation; and, determined for those parties Under 4. compliance with presently paragraph (e). specified criteria is unnecessary (k) Each party shall be issued for the protection of potable water an appropriate license of modified supplies and animals, plants, or license, which shall include-, any aquatic life utilizing the waters; abatement program required .. of and, the party and approved under para- 5. granting the exemption will graph (i) , as well as any other not interfere with existing uses or conditions authorized by 'Chiipter the designated use of the waters; or 403, F.S. contiguous waters and, 17-4.242( 2)(h) 17-4.243(l)(a)5. 0 12-19-84 3 0 6 BER1984 PERMITS 17-4 6. there is no reasonable the minimum criteria contained in relationship. between the economic, 17-3.402, F.A.C., upon affirmative social and environmental costs of demonstration by the Petitioner of compliance with existing criteria the following: and the economic, social and envi- 1. granting the exemption is in ronmental benefits of compliance; the public interest; and, and additionally, 2. compliance with presently 7. the presently specified specified criteria is unnecessary water quality criteria cannot be met for the protection of present and With currently available technology; future potable water supplies; and, or, 3. granting the exemption will 8. the costs of compliance with not interfere with existing uses or the presently specif ied criteria the designated use of the waters or involved are so high that they must of contiguous water; and, be spread over a considerable period 4. there is no reasonable of time; or, relationship between the economic, 9. some other type of hardship social and environmental costs of will occur. compliance with existing criteria M The Petitioner shall affir- and the economic, social and envi- matively demonstrate those criteria ronmental benefits of compliance; which the petitioner believes more and appropriately apply to the waters 5. an adequate monitoring for which the exemption is sought. program approved by the Department (c) The Secretary shall speci- has been established to ascertain fy, by Order, only those criteria the location of the effluent, to which the Secretary determines to detect any leakage of the effluent have been demonstrated by the pre- to other aquifers or surface waters, ponderance of competent substantial and to detect any adverse effect on evidence to be more appropriate. underground geologic formations or I . (d) The Department shall modify waters. the Petitioner's permit consistent 6. The exemption will not pre- with the Secretary's Order. sent a danger to the public health, (2) Exemptions for installa- safety or welfare. tions discharging into Class G-1 or (3) Exemptions for installa- G-1 I ground water. tions discharging into Class G-111 (a) The Secretary may, upon and G-IV ground water. petition of an affected person or (a) Class G-111 ground water permit applicant and after public (unconfined aquifers). notice in the Florida Administrative 1. The Secretary may, upon Weekly and after opportunity for petition of an affected person or public hearing pursuant to Chapter permit applicant and after public 120, Florida Statutes, issue an notice in the Florida Administrative Order for the duration of the permit Weekly and in a newspaper of general specifically exempting an installa- circulation in the area of the tion discharging or designed to dis- waters affected and after opportuni- charge into Class G-1 or G-11 ground ty for public hearing pursuant to water from the standards contained Chapter 120, Florida Statutes, issue in Section 17-3.404, F.A.C., or an Order specifically exempting 17-4-243(l)(a)G. 17-4.243(3)(a)l. 12-19-84 3 0 7 DER1984 PERMITS installations discharging or design- which are designed to lead to the ed to discharge into Clas,s G-111 development of new information ground water (unconfined aqfUifers) regarding low-energy approaches to f rom the criteria contained i n the advanced treatment of, domestic, Section 17-3.402, F. A. C. ,% 'upon agricultural, and industrial wastes affirmative demonstration by- the and to encourage the conservation Petitioner of the following: of wetlands and fresh waters, the (i) the exemption is for dis- Secretary may, upon petition of an posal of municipal wastewater's or affected person, and after public industrial wastewaters clearly in notice in the Florida Administrative the public interest; and, I Weekly and in a newspaper of general (ii) there is no reasonable circulation in the area of the wa- relationship between the economic, ters affected, and after opportunity social and environmental costs of for public hearing pursuant to Chap- compliance with existing Criteria ter 120, Florida Statutes, issue an and the economic, social ancl@' envi- Order, for a period not to exceed ronmental benefits of coropl-rance; five (5) years, specifically exempt- and, irig certain sources of pollution (iii) suitable technology is which discharge into restricted used-for the disposal system; and, areas of wetlands., as approved by Ov) the discharge wJ'l I not the Secretary, from the water quali- cause a violation of the standards ty criteria contained in Section for adjacent Class G-1 or G-11, 17-3.121, F.A.C., provided that: ground water or surface -.waters 1. the discharger affirmat affected by the ground water.'' -. demonstrates that the wetlands* 2. The Petitioner shall affir- system may reasonably be expected to matively demonstrate those standa'rds assimilate the waste discharge with-- which the Petitioner believes more out significant adverse impact on appropriately apply to the waters the biological community within the for which the exemption is sought. receiving waters; and, 3. The Secretary shall specify, 2. granting the exemption is in by Order, only those criteria which the public interest and will not the Secretary determines to have adversely affect public health or been demonstrated by the prepon- the cost of public health or other derance of competent substantial related programs; and, evidence to be more appropriatei. 3. the public is restricted 4. The Department shall @moclify from access to the waters under the Petitioner's permit cons,,i,'s_tent consideration; and, w.ith the Secretary's Order. 4. the waters are not used for (b) Exemptions for discharge to recreation; and, Class G-IV ground water shall he .5. the applicant affirmatively governed by the provisions o.f--:Ch.ap- demonstrates that presently speci- ter 17-28, F.A.C. fied criteria are unnecessary for (4) Exemptions to Provide, for the protection of potable water the Experimental Use of %Vetl.a'nds supplies or human health; and, for Low-Energy Water and Wastewater 6. , the exemption will not Recycling. interfere with the designated use (a) To encourage experiments of contiguous waters; and, 0 17-4.24301(Al. 17-4.243(4)(a)6. 3 0 8 DER 1984 PERMITS 17-4 7. scientifically valid exper- applicable water quality standards imental controls are provided by downstream from the discharge con- the applicant and approved by the trol system; and, Department to monitor the long-term 2. waters shall not be degraded ecological effects and waste recycl- below the minimum standards pre- ing efficiency. scribed for all waters at all times (b) The Petitioner shall affir- in Section 17-3.051, F.A.C.; and, matively demonstrate those standards 3. granting the exemption is which the Petitioner believes more clearly in the public interest; and, appropriate apply to the waters for 4. compliance with presently which the exemption is sought. specified criteria is unnecessary (c) The Secretary shall speci- for the protection of public water fy, by Order, only those criteria supplies or human health. which the Secretary determines to (b) The Petitioner shall affir- have been demonstrated by the pre- matively demonstrate those standards ponderance of competent substantial which the Petitioner believes more evidence to be more appropriate. appropriately apply to the waters (d) The Department shall modify for which the exemption is sought. the Petitioner's permit consistent (c) The Secretary shall speci- with the Secretary's Order. fy, by Order, only those criteria (5) Exemptions for Artificial which the Secretary determines to Systems Used for Urban Stormwater have been demonstrated by the pre- Conveyance or Renovation. ponderance of competent substantial (a) The Secretary may, upon the evidence to be more appropriate. petition of an affected person or (d) The Department shall modify permit applicant, and after public the Petitioner's permit consistent notice in the Florida Administrative with the Secretary's Order. Weekly and in a newspaper of general (6) Exemption Providing Alter- c'irculation in the area of the wa- native Criteria for Existing Per- ters affected and after opportunity mitted Discharges Comprising the for public hearing pursuant to Principal Flow. Chapter 120, Florida Statutes, issue (a) The Secretary may, upon an Order for the duration of the the petition of one or more existing permit specifically exempting from wastewater discharge sources for Class III criteria artificially which a Department permit has been created waters of the state which issued prior to the effective date are upstream of man-made, discharge of this rule, after public notice control systems controlled by the in the Florda Administrative Weekly affected person or permit applicant and in a newspaper of general cir- and which are primarily for the con- culation in the area of the waters veyance or the retenti@n, detention, affected, and after opportunity for and treatment of urban stormwaters. public hearing pursuant to Chapter Such Order shall only be issued 120, F.S., issue an Order for the after affirmative demonstration by duration of the petitioner's permit the Petitioner of the following: exempting waters of the state which 1. reasonable assurance has are not used for potable water sup- been provided that the discharge plies, or recreation, and contain no will not cause a violation of any significant population of fish and 12-19-84 17-4.2,43(4)(a)7. -- 17-4.243(6)(a) 3 0, 9 DER1984 PERMITS 17-4 0 wildlife, from one or more Class III in the public interest and there is or Class IV criteria specified- in no reasonable relationship between the petition and substituting a-ppro- the economic, social, and environ- priate alternative criteria where mental costs of compliance with the discharge of the Petitioner(s) existing criteria and the economic, comprised a majority of the 'flow, social and environmental benefits of excluding runoff from storm drains compliance; and other wastewater discharges, 6. Compliance with the alter- during a substantial portion of native criteria will adequately the year preceding the effective protect present and future potable date of this rule. Provided, how- water supplies and human health; ever, that such Order shatl be 7. Compliance with the alter- i ssued only after an affirmative native criteria will adequately demonstration by the Petitioner(s) protect the population of animals, of the following: plants, or aquatic life then utiliz- 1. The waters for which elkefnp- ing the waters; tion is sought are: 8. The waters are not lakes or (i) wholly artificial apd- not ponds; and, a modified or channelized natural 9. Achievement of Class III stream; or, standards would provide no reason- 00 intermittent watercourses able expection of future recreation- which, in the absence of runoff from al use of the waters. storm drains and wastewater (b) The Secretary shall specify charges, acts as tributaries only by Order the alternative crite 0' following the occurrence of rainfall if any, which the Secretary de and which normally do not contain mines to have been demonstrated contiguous areas of standing Mater; the preponderance of the competent or, substantial evidence to be more (iii) are channelized or appropriate than the Class III or modified natural watercourses "W"h"ich Class IV criteria specified in the were historically intermittent as petition. described in 00 above. (c) The Department shall modify 2. The waters are not used the Petitioner's permit consistent for potable water supplies,, ' -or with the Secretary's Order recreation, and do not contain a (7) Exemptions for Water Bodies significant population of fisty or Classified for Navigation, Utility wildlife. and Industrial Use. 3. Reasonable assurance, has (a) The Secretary may, upon the been provided that the altern6live petition of an affected person or criteria will adequately protect the permit applicant and after public designated uses of adjacent down- notice in the Florida Administrative stream waters; Weekly and in a newspaper of general 4. The alternative criteria.- are circulation in the area of the wa- not less stringent than the Mirvirkum ters affected, and after opportunity standards prescribed for akjt Waiters for public hearing pursuant to Chap- at all times in Section 1,7-,7@3-@ 05-1 , ter 12.0, Florida Statutes, issue an F.A.C.; Order for the duration of the permit 5. The alternative criteria- ,are specifically exempting sources of 17-4.243('@)(a) 17-4.243(7)(a) 12-19-84 3 1 0 DER1984 PERMITS 17-4 pollution from the Class V water the Petitioner's permit consistent quality criteria contained in Sec- with the Secretary's Order. tion [email protected], F.A.C., upon affirma- (8) Exemption for Existing tive demonstration by the petitioner Effluent Ditches. of the following: (a) The Secretary or a District 1. Granting the exemption is in Manager may, upon the petition of a the public interest; and, wastewater discharger for whom a 2. Compliance with presently Department permit has been issued specified criteria is unnecessary prior to the effective date of this for the protection of potable water rule, and after public notice and supplies and animals, plants, or opportunity for public hearing, aquatic life utilizing the waters; issue an order for the duration of and, the petitioner's permit exempting 3. Granting the exemption will waters of the state in an effluent not interfere with existing uses or ditch from all water quality cri- the designated use of the waters or teria except those specified in contiguous waters; and, Section 17-3.051, F.A.C. In order 4. T here is no reasonable to qualify for this exemption, relationship between the economic, the petitioner shall affirmatively social, and environmental costs of demonstrate that: compliance with existing criteria 1. the ditch is a wholly arti- and the economic, social and envi- ficial man-made conveyance that was ronmental benefits of compliance; constructed as a part of the waste- and additionally, water treatment process; 5. The present specific water 2. the ditch contains flowing quality criteria cannot be met water only when there is a discharge with currently available technology; or immediately after rainfall; or, 3. the petitioner has legal 6. The costs of compliance with control of the ditch and abutting the presently specif ied criteria land sufficient to restrict public involved are so high that they must access; be spread over a considerable period 4. migration of indigenous of time; or, aquatic organisms into the ditch 7. Some other type of hardship will be prevented; and will occur. S. the ditch is not used for (b) The Petitioner shall affir- recreation and contains no signifi- matively demonstrate those criteria cant population of fish or wildlife. which the Petitioner believes more "Significant population of fish or appropriately apply to the waters wildlife" shall mean the presence for which the exemption is sought. of commercially or recreationally (c) The Secretary shall speci- important species or significant fy, by Order, only those criteria quantities of organisms which pro- which the Secreatry determines to vide food for such species. have been demonstrated by the pre- (b) The Department shall modify ponderance of competent substantial the Petitioner's permit, consistent evidence to be more appropriate. with the Secretary's or District (d) The Department shall modify Manager's Order. 12-19-84 17-4.243(7)(a) 17-4.243(8)(b) 3 1 DER 1984 PERMITS g� F@4 W , Specific Authority: 403.061, mixing zones in the vicinity. 403.062, 403.087, .403.504, 401.7104, (c) Except fo r the thermal 403.804, 403.805, F.S. Law I*mple- component of discharges and nitrogen mented: 403.021, 403.061, 403-;687, and phosphorus acting as nutrients, 403.088, 403.101, 403.121, 403.1-41, to which this paragraph is inappli- 403.161, 403.182, 403.201, 403.'.5'02, cable, mixing zones which do not 403.702, 403.708, F.S. History: adhere to all of provisions (1)(d) New 3-1-79, Amended 11-1-83, through (1)(i) below shall be pre- 2-1-83. sumed to constitute a significant impairment of the designated uses of 17-4.244 Mixing Zones: Surface surface waters of Classes 1, 11 and Waters. 111. However, an applic@nt for a (1) Zones of mixing for non- specified mixing zone who affirma- thermal components of discharges .. tively demonstrates in a public (a) The Department may allow hearing, pursuant to Chapter 120, the water quality adjacent td a Florida Statutes and after public point of discharge to be degraded to notice in the Florida Administrative the extent that only the minimum Weekly and in a newspaper of general conditions described in Section circulation in the area where the 17-3.0510), Florida Administrative mixing zone is proposed, that a Code, apply within a limited, defin- proposed mixing zone which does not ed region known as the mixing@zpne. comply with one or more of the pro- Under the circumstances defined visions of paragraphs (1)(d) thr4o h elsewhere in this section, a mixing (1) (i) will not produce a si g zone may be allowed so as to provide cant adverse effect on the esf an opportunity for mixing and thus fished community of organisms in the to reduce the costs of treatment. receiving body of water or otherwise However, no mixing zone or combina- significantly impair any of the tion of mixing zones shall be allow- designated uses of the receiving ed to significantly impair any I of body of water, shall be exempt from the designated uses of the receiving those requirements. The Secretary body of water. shall authorize that mixing zone (b) A zone of mixing shall -be for which the applicant makes an determined based on consideration of affirmative demonstration by the the following: preponderance of competent substan- 1. The condition of the re- tial evidence that the applicable ceiving body of water including requirements of this section have present and future flow conditions been met. and present and future sources: of (d) A mixing zone shall not pollutants. include an existing drinking water 2. The nature, volume and fre- supply intake nor include any other quency of the proposed dischar,�e of existing water supply intake if waste including any possible@ s:@jner- such mixing zone would significantly gistic effects with other pattutants impair the purposes for which the or substances which may be: present supply is' utilized. in the receiving body of water. (e) A mixing zone shall not 3. The cumulative effec@t of include a nursery area of indigenous the proposed mixing zone and 6iher aquatic life nor include any area 0 12-119-84 17-4.243-(kH-i sitory) 17-4.244( 1) (e) DER1934 PERMIT'S 17-4 approved by the Department of Natu- designated uses of the receiving ral Resources for shellfish harvest- body of water. in g. (2) Until such time as a permit (f) In canals, rivers, streams, is issued, modified, or renewed, and other similar water bodies, the discharges in existence prior to the length of a zone of mixing shall be effective date of this rule shall 800 meters unless a shorter length continue to meet such mixing zone is necessary to prevent significant restrictions (for each component or impairment of a designated use. characteristic of a discharge): In no case, shall a mixing zone be (a) As are specified by permit; larger than that necessary to meet or, water quality standards. (b) Which were applied to the (g) In lakes, estuaries, bays, discharge in the Department's per- lagoons, bayous and sounds, the area mitting process prior to the effec- of a mixing zone shall be 125,600 tive date of this rule. square meters unless a lesser area (3) Except for discharges is necess.3ry to prevent significant covered by (2) above, after the impairment of a designated use. adoption of this rule there shall be In no case shall a mixing zone be no zone of mixing for any component larger than that necessary to meet of any discharge unless a Department water quality standards. permit containing a description of (h) The mixing zones in a given its boundaries has been issued for water body shall not cumulatively that component of the discharge. exceed the limits described below: (4) Waters within mixing zones 1. In rivers, canals, and other shall not be degraded below the similar water bodies: 10% of the applicable minimum standards pre- total length; scribed for all waters at all times 2. In lakes, estuaries, bays, in Section 17-3.051, F.A.C. In lagoons, bayous and sounds: 10% of determining compliance with the pro- the total area. visions of 17-3.0510), F.A.C., the (i) Additional standards which average concentration of the wastes apply within mixing zones in Class in the mixing zone shall be measured 1, 11 and Class III waters are as or computed using scientific tech- follows: niques approved by the Department; 1. The dissolved oxygen within provided that, in no event shall the a mixing zone shall not average less@ maximum concentration of wastes in than 4.0 milligrams per litre in the the mixing zone exceed the amount mixing zone volume; and, lethal to 50% of the test organisms 2. The turbidity within the in 96 hours (96 hr LC50) for a mixing zone shall not average great- species significant to the indige- er than 41 Nephelometric Turbidity nous aquatic community. The dis- Units in the mixing zone volume solved oxygen value within a mixing above natural background. zone shall not be less than 1.5 (j) Mixing zones in Class IV milligrams per liter at any time or and V waters are subject only to place. the provisions of (d) above and (5) Except for the minimum con- of Section 17-3.051, F.A.C., and ditions of waters as specified in shall not significantly impair the Section 17-3.051, F.A.C., and the 17-4.244(l)(e) 17-4.244(5) 31 3 DER1984 PERMITS 17-4 provisions of Section 17-4.1244, mixing zone; and F'. A-C., no other water quality cri- (d) The discharge otherwise teria apply within a mixing zone. complies with the mixing zone pro- (6) Mixing zones for ..dredge visions specified in this section. and fill permits shall not be. sub- (8) Additional relief from mix- ject to provisions (1)(c) thro.ugh ing zone restrictions necessary to (1)(j), (2), (3), (4) , or 15) of prevent significant impairment of a this sectiont provided that appli- designated use is through: cable water quality standards--.are (a) Reclassification of the met at the boundary and outside the water body pursuant to Section mixing zone. 17-3.08,1, Florida Administrative . (a) The dimensions of dredge Code; and fill mixing zones shall be pro- (b) Variance granted for any posed by the applicant and app?:oved, one of the following reasons: modified or denied by the Depart- 1. There is no practicable ment. means known or available for the (b) Criteria for departmental adequate control of the pollution evaluation of a proposed mixing zone involved. shall include site-specific biolo'gi- 2. Compliance with the partic- cal and hydrographic considerations. ular requirement or requirements (c) In no case, however':, 'shall from which a variance is sought will the boundary of a dredge apd fill necessitate the taking of measures, mixing zone be more than 150'm'eters which, because of their extent or downstream in flowing streams-,,, or cost, must be spread over a conjik 150 meters in radius in other.,bodies erable period of time. A vari of water, where these distance .s- are granted for this reason shall pW_ measured from the cutterhead ret'urn scribe a timetable for the taking of flow discharge, or other pofntg, of measures required. generation of turbidity or other 3. To relieve or prevent hard-, pollutants. ship of a k.ind other than those (7) Where a receiving body of provided for in paragraphs 1. or 2. water fails tG meet a water quality Variances and renewals, thereof standard for pollutants set forth in granted upon authority of this department rules, a steam electric sub-paragraph shall each be limited generating plant discharge of . pol- to a period of 24 months except that lutants that is existing or licensed variances granted pursuant to the on July 1, 1984, may be grapted a Florida Electrical Power Plant mixing zone, provided that: Siting Act may extend for the life (a) The standard would not be of the permit or certification. met in the water body in the ab'sence (c) Modification of the re- of the discharge; and quirements of this section for (b) The discharge is in compli- specific criteria by the Secretary ance with all applicable techrtolbgy- upon compliance with the notice and based effluent limitations; [email protected] hearing requirements for mixing (c) The discharge d0es@, not zones set forth in (1) (c) above and cause a measurable increasp@, in the upon affirmative demonstration by an degree of noncompliance with the applicant by the preponderance of standard at the boundary of the. competent substantial evidence that: 17-4.24'4(5) 17-4.244(8)(c) 112-19@-84 3 1 4 DER1984 PERMITS 17 -4 1. The applicant's discharge Subsection 17-3.061(2)"(9), Florida from a source existing on the effec- Administrative Code-" the alt rnative tive date of this rule complies with criteria shall apply w@ t h.i any best technology economically achiev- mixing zone established rsuant able, best management practices, or to 17-4.244, Florida Ad )min kl,rative other requirements set forth in Code, if less than the requ ments Chapter 17-6, F.A.C., and there is of paragraph 17-4.244(j))(i) Sub- no reasonable relationship between section 17-4.244(4), Florida _dmin- the economic, social, and environ- istrative Code. mental costs and the economic, Specific Authority: 403.061, social and environmental benefits 403.062, 403.087, 403.504, 403.704, to be obtained by imposing more 403.804, 403.805, F.S. Law Imple- stringent discharge limitations mented: 403.021, 403.061, 403.087, necessary to comply with mixing 403.088, 403.101, 403.121, 403.141, zone requirements of Subsection 403.161, 403.182, 403.201, 403.502, 17-4.244(l), F.A.C., and the provi- 403.702, 403.708, F.S. History: sions relating to dissolved oxygen Formerly part of 17-3.05, Revised in Subsection 17-4.244(4), F.A.C. and Renumbered 3-1-79, Amended 2. No discharger may be issued 10-2-80, 1-1-83, 2-1-83, 12-19-84. more than one permit or permit modification or renewal which allows 17-4.245 Installations Discharg- a modificalion pursuant to this ing to Ground Water; Permitting and subsection unless the applicant Monitoring Requirements. affirmatively demonstrates that it (1) Statement of Intent and has undertaken a continuing program, Definitions. approved by the Department, designed (a) It is the intent of the to consider water quality conditions Department whenever possible to and review or develop any reasonable incorporate ground water discharge means of achieving compliance with considerations into other appro- the water quality criteria from priate Department permits, and not which relief has been granted pur- to require a separate permit for suant to this subsection. ground water discharges; provided, 3. With respect to paragraphs however, that any published notice 17-4.244(l)(c), F.A.C., and 17-4.244 of proposed agency action shall (7)(c), F.A.C., the applicant must contain notice that ground water affirmatively demonstrate the mini- considerations are being incorporat- mum area of the water body necessary ed into such other permits. , to achieve compliance with either (b) It is also the intent of subsection. Within a minimum area the Department, in implementing the determined by the Secretary to be ground water provisions of this necessary to achieve compliance, the Chapter, to coordinate, cooperate, discharger shall be exempt from the and, where feasible, enter into criterion for which a demonstration interagency agreements with the has been made. various water management districts (d) Whenever site specific that are vitally concerned with alternative criteria are establish- maintaining ground water quality. ed pursuant to Section 17-3.031, (c) For the purposes of this Florida Administrative Code, or section, "Existing Installation" r -1 ", 17-4.244(8)(c)l. 17-4.245(l)(c) 12-19-84 3 1 5 DER 1984 PERMITS 17-4 shall mean any installation having (b) No zone of discharge shall filed a complete application for be allowed under any of the follow- a water discharge permit on or ing circumstances: before January 1, 1983, or in fact 1. Discharges through natural discharging to ground water 'on or or man-made conduits, such as wells before July 1, 1982. "Exi-sting and sinkholes, that allow direct Installation" shall not include. any contact with Class G-1 and Class installation under Department -0kder G-11 ground water, except for proj- to obtain a ground water permit. ects designed to recharge aquifers Any installation under Department with surface water of comparable Order to obtain a ground water' l5er- quality, or projects designed to mit which submits a complete appli- transfer water across or between cation for a ground water permit by aquifers of comparable quality for January 1, 1983, shall comply with the purpose of storage or conser- monitoring and zone of dis"c'ha-rge vation. requirements applicable to new - in- 2. Discharges that may cause an stallations and shall be pro@liibited imminent hazard to the public or the from causing a violation of 'S"econd- environment through contamination of ary drinking water standards outside underground supplies of drinking a zone of discharge after July- 1, water or surface water affected by 1985; these installations - shall the ground water. comply with the terms and co6dilAbns (c) The following installations of the Department Order applicable are exempt fro-n obtaining zones of to such installations and are' 'pro- discharge in order to discharg hibited from causing a violation of ground water: Secondary standards at any private 1. Installations dis( oac, 9 9 or public water supply well oui@sicle into Class G-111 ground water, as the zone of discharge. For other long as the discharge does not terms in this section, the defini- threaten to impair the designated tions contained in Chapter '*17-3, use of adjacent waters and as long F. A. C., shall prevail over any as such discharges comply with inconsistent definitions established the requirements of Chapter 17-28, elsewhere by Department rule. F.A.C., if applicable. (2) General Prohibitions and 2. Installations discharging Exemptions. i nto Class G-IV ground water, as (a) Unless exempted by sub- lon'g as such discharges comply with section (c) below or by Section the requirements in Chapter 17-28, 17-4.243, F. A. C. , no installation F. A. C. shall discharge into ground water, (3) Dimensions of zones of either directly or indirectly,@ any discharge for Class G-1 ground contaminant that causes a viola 'tion water. No zone of discharge shall in the water quality standards and be allowed into Class G-1 ground criteria for the receiving '@'&ound water, except as follows: water as established in tKa''pter (a) Domestic wastewater and 17-3, Part IV, F.A.C., excpipl Within stormwater sites authorized by a zone of discharge establisi4a by Department permit or rule shall have permit or rule pursuant to; 'th is zones of discharge extending no more section. than 100 feet from the site boundary 17-4.24'5(l)(c) 17-4.245(3)(a) 12-19-84 3 1 6 DER1984 PERMITS 17-4 or to the installation's property installation that is not an existing boundary, whichever is less, unless installation as defined herein shall a smaller zone of discharge is be established in accordance with necessary to protect the designated 1. or 2. below, and 3. if appli- use of adjacent waters outside the cable, at the permit applicant's zone of discharge. option, but the zone of discharge (b) Other discharge sites may shall not extend beyond the permit be granted zones of discharge of the applicant's property boundary: same size as those in (a) if the 1. The Department may establish discharges are as clean as the a zone of discharge larger than that domestic waste in chemical, physical provided in 2. below upon an affir- and microbiological quality treated mative demonstration by the appli- to the degree, required in Section cant that: 17-6.080(3)(a), F.A.C. a. The size and shape of the (c) Installations authorized to requested zone of discharge will discharge to ground water at the not cause violations of applicable time of its reclassification to ground water standards in present Class 'G-1 by the Commission shall and future potable water supplies; meet the same requirements as exist- and ing installations in G-1 I ground h. The size and shape of the water as described in subparagraph requested zone of discharge will not (4)(b) below; however, should such interfere with existing uses or the existing installations wish to designated use of contiguous waters, increase the discharge volume or or cause a violation of applicable change the composition of the waste surface water quality criteria of stream above permitted levels as of contiguous waters outside a per- the date of G-1 classification, the mitted mixing zone; and waste stream shall be distinctly c. The economic and social separate from the existing stream benef its of compliance with the and shall meet all provisions appli- standards for a zone of discharge of cable to new installations discharg- larger dimensions than those in 2. ing to G-1 ground water as described below are higher than the economic, in (a) or (b) above. social and environmental costs (4) Dimensions of zones of dis- resulting from the larger zone of charge to Class G-11 and Class G-111 discharge. ground water. Upon affirmative 2. Any applicant seeking a zone demonstration by an installation of discharge and not electing to use owner that a ground water discharge the above procedure shall have a will not impair the designated uses zone of discharge established by the of contiguous waters outside a zone Department. The boundary of the of discharge, the Department shall zone of discharge shall be 100 feet establish a zone of discharge for from the site boundary or to the Class G-11 ground water and, where installation's property boundary, appropriate pursuant to subsection whichever is less, unless a smaller (2)(c)1. above, Class G-111 ground zone of discharge is necessary to water, in one of the following protect the designated use of con- manners: tiguous waters. (a) A zone of discharge for any 3. Where multiple sites occur 17-4.245(3)(a) -- 17-4.245(4)(a)3. 12-19-84 3 1 7 DER1984 PERMITS 17-4 within close proximity, a single in the following manner: zone of discharge for the sites may (a) Permits shall be renewed at be established in the same manner as the time specified in the permit either 1. or 2. above. unless a modification is sought (b) Existing installations pursuant to (b) below. If no time shall have the zone of discharge is specified in the permit, the specified in the permit or ext6nding renewal shall be in conjunction with to the owner's property line 'if no renewal of any other appropriate zone of discharge is defined ih the Department permit, or January 1, permit, until such time as the 1988, whichever is sooner. permit is renewed or modified as (b) At any time, , including provided in subsection (5) below.'; the time of permit renewal, the (c) Unless a permit defining a Department may order or a permit zone of discharge is otherwise holder may petition for modifica- required by Departmental ru,W', Ahe tion of the zone of discharge or following installations shall 'not monitoring requirements for any of be required to obtain a ermit the following reasons, in addition p -, establishing a zone of discharge.:.: to reasons contained in Section 1. Agricultural fields, ditches 17-4.08, F.A.C.: and canals; 1. Monitoring data indicates 2. Livestock waste lagoons e',x- that the discharge plume has result-, empted from permitting under Slection ed or may in the foreseeable future 17-6.300, F.A.C.; and result in a violation of applicable 3. Stormwater facilities. water quality standards beyond These installations shall have a boundary of the existing zoneo zone of discharge of 100 feet 'from discharge; or the site or to the instal lati'On's 2. Continuation of the existing property boundary, whicheveiF is zone of discharge will impair the less, unless a different zone' is designated use of underground specified in any appropriate Depart- sources of drinking water or the ment permit. If the discharge from surface waters immediately affected the installation threatens to vio- by the ground water; or late ground water standards at the 3. Continuation of the existing boundary of the zone of discharge, zone will result in an imminent or otherwise threatens to impair the threat to public health or the envi- designated use of contiguous waters, ronment; or the Department shall require the 4. A zone of discharge smaller installation owner to obtain " a than the existing zone will afford ground water permit if he has none, necessary protection to the water define an appropriate zone of. dis- resources at a cost that is commen- charge or modify it if a R@r-imit surate with the benefits to the pub- exists, and institute approp iate lic of such additional protection, monitoring plans pursuant toIr t6) or below. 5. The monitoring data provided (5) Permit renewal anq,;, mc;difi- by the installation owner are in- cation procedures. Permits,, fqr- . in- adequate to allow a determination stallations discharging into gr,611nd of compliance with applicable zone water shall be renewed or modffied of discharge limitations and the 0 17-4.245.(4k.(a')3. 17-4.245(5)(b)5. 12-19-84 31 8 DER1984 PERMITS 17-4 owner fails to provide reasonable for a public hearing, after written additional data requested by the notification to owners of property Department; or underlain by the proposed zone of 6. A change in the chemical, discharge and after public notice in physical or microbiological composi- the Florida Administrative Weekly tion, or the volume or the location and in a newspaper of general cir- of the discharge, necessitates a culation in the area in which the change in the zone of discharge or zone of discharge is proposed, the the monitoring scheme to assure owner may request that the zone of compliance. discharge be modified to extend (c) Unless modified pursuant to beyond his property boundary for (b) above, a permit holder shall certain specified water quality continue to have the same zone of parameters, provided that the fol- discharge in the new permit as that lowing conditions are met: allowed in the existing permit. If a. The discharge will not no zone of discharge is specified in significantly impair any of the the existing permit, the new permit designated uses of the receiving shall specify the boundary of the ground water or surface water; and zone of discharge. b. The discharge will not in (d) If a modification is re- the foreseeable future result in a quested pursuant to (b), a zone of violation of applicable ground water discharge shall be established in standards in a currently utilized the following manner: source of drinking water outside the 1. The modification request may zone of discharge; and be made by either the Department or C. The discharge will not the installation owner, and shall be prevent persons within the proposed based upon a showing that one of the zone of discharge from enjoying the conditions in (b)l.-6. has occurred. reasonable and beneficial use of 2. Once the party seeking the their property. modification has established that If the application is granted, one of the conditions in (b)%-6. it shall be recorded in the property has occurred, the Department shall records of affected parcels by the modify the zone of discharge or recipient of the exemptions. monitoring requirements in a manner (6) Monitoring requirements and to assure that none of the condi- exemptions. tions in (b)l.-3. will occur, based (a) Statement of intent. The upon the monitoring data received purpose of monitoring is to ensure pursuant to the monitoring program that the permitting of zones of implemented pursuant to subsection discharge, or exemptions therefrom, (6) below. will not cause a violation of ground 3. No zone shall be modified to water standards. Monitoring is allow the zone to extend beyond the intended to allow a predictive 1-imits of the installation owner's evaluation of the movement and property line except as provided in composition of the discharge plume. 4. below. Efforts shall be made in all cases 4. Upon affirmative demonstra- to minimize the number and cost of tion by the owner of an existing monitoring wells consistent with installation, after an opportunity the ability to obtain reliable 17-4.245(5)(b)5. 17-4.245(6)(a) 12-19-84 3 1 9 DER1984 PERMITS 17-:-4 information. (c) Plan submission and time- (b) General requirements. Un- tab le. The following timetables less otherwise exempted by the shall apply: Department, any installation dis- 1. New installations shall charging into ground 'water shall submit to the Department monitoring establish a monitoring program- as plans in conjunction with permit provided below. However, a fTionitor- applications. ing program instituted under some 2. Existing installations shall other State, Federal, or local submit to the Department an accept- governmental regulation or permit able monitoring plan on or hefore may be substituted for this program the date set in the following time- if it is in substantial compliance tab le: with this subsection. TYPE OF DISCHARGE DATE A. Organic Waste January 1983 B. Inorganic Waste April 1983 C. Landfills (Both Domes*.tic and Industrial) May 1983 D. Industrial Septic Tank's August 1983 E. Pulp and Paper August 1983 F. Phosphogypsum Stacks and Ponds September 1983 G. Laundries October 1983 H. Oil and Gas Producers' December 1983 1. Citrus December 1983 J. Food and Beverages January 1984 K. Domestic Waste February 1984 L. Power Plants February 1984 M. Others March 1984 N. Mining and Minerals March 1984 3. Installations exempt 'from tion. The plan shall show the loca- obtaining permits to discharge to tion(s) 'of the proposed unaffected ground water are required to develop natural background and downgradient a monitoring plan only upon Depart- monitor well(s), construction de- ment order that the instalfation tails of the monitor well(s) and a owner oh tai n a permit defining water sampling and chemical analysis ground water discharge. protocol which can determine back- (d) Monitoring plan contents. ground quality of the ground water Using part or all of the infoHilation i n' the vicinity of the site and listed from 1. through 13. low, any deviations in the receiving the installation owner shall rovide quality of Ahe ground water in the the Department with a plan c`6iitain- clowngradient monitor well(s). The ing findings, recommendati&@ "' .'and Department will evaluate the ade- S plans for ground water mohit ior'ing quacy of the plan upon submittal; derived from site specific informa- however, it is desirable for the 17-4.2'4S(4 )(a) 17-4.245(6)(d) 0 12-19-84 3 2 0 DER1984 PERMITS 17-4 applicant to arrange a preapplica- radius of the site or potentially tion meeting with the Department to affected by the discharge; resolve the needed information at 8. Site specific economic and an early stage of application prep- feasibility considerations; aration. The following information 9. Chronological information on is the type generally required for water levels in the monitor wells detai led assessment of the most and water quality data on water complex plans, with less complex supplies collected from the water cases not needing this degree of supply and monitor wells; evaluation: 10. Type and number of waste l. Hydrogeological, physical disposal facilities within the and chemical data for the site, in- installation; cluding: 11. Chronological information a. Direction and rate of ground on surface water flows and water water flow, and background ground quality upstream and downstream from Water quality; the site; b. Porosity, horizontal and 12. Construction and operation vertical permeability for the aqui- details of disposal facilities; fer(s) and the depth to, and lithol- 13. History of construction and ogy of, the first confining bed(s),; land development in the vicinity of C. Vertical permeability, the site. thickness, and extent of any con- (e) Plan approval. Within 90 fining beds; days of the date of the Department's d. Topography, soil information receipt of a completed monitoring and surface water drainage systems plan from existing installations surrounding the site; described above in subparagraph 2. Waste disposal rate and fre- (c)2. above, or at the time of per- quency, chemical composition, method mit issuance or denial, whichever is of discharge, pond volume, spray- appropriate, the Department shall field dimension, or other applicable either approve or deny the monitor- site specific information; ing plan. 3. Toxicity of waste; (f) Implementation of monitor- Present and anticipated ing program. The installation owner wastewater volume, seepage rate shall initiate implementation of the to the receiving ground water, monitoring program based upon the physical, chemical, microbiological plan within 90 days of the date an (whichever is applicable) character- appropriate permit is issued. In the [stics of the leachate; case of an existing installation, 5. Disposal system water bal- the owner shall initiate implementa- ance; tion within 90 days after submission 6. Present and reasonably and Department approval pursuant to expected future pollution sources the timetable in subparagraph (02. .located within one mile radius of above. If the Department determines the site; from the monitoring plan that the 7. Inventory depth, construc- discharge will not impair the desig- tion details, and cones of depres- nated use of the underlying ground sion of water supply wells and moni- water, the Department may exempt the tor wells located within one mile installation owner from implementing 17-4.245(6)(d) 17-4.245(6)(f) 12-19-84 3 2 1 DER1984 PERMITS 17-4 a monitoring program. which discharge to Class G-IV waters (g) Location of monitoring in confined aquifers. wells to detect migration of con- 0) Monitoring exemptions. The taminants. Unless the installation Department shall exempt the follow- owner can demonstrate that detection ing installations from ground water can be obtained by a methodology monitoring requirements: other than the use of monitoring 1. Domestic sewage treatment wel Is, wells shall be located - as installations with less than 100,000 follows: gpd design capacity; stormwater 1. One well located in a manner facilities; agricultural fields, to determine the natural'unaffected ditches and canals; and livestock background quality of the gr.ound waste lagoons exempted from permit- water; ting under Section 17-6.300, F.A.C.; d -the as o Ing as the discharges present 2. One well at the edge I zone of discharge clowngrad ien t' from no potential hazard to human health the discharge site; 7,@ or the environment, or endanger a 3. One intermediate well d-6wn- source of drinking water'; and as gradient from the site and within long as the facilities do not dis- the zone of discharge clesigned' to charge directly to ground water. detect- the chemical, physical and 2. Wastewater ponds, cooling microbiological (if applit:able) ponds, or other discharge waters characteristics of the discharge meeting the minimum criteria of plume; and Section 17-3.402, F.A.C., and the 4. Such other wells as' 'are applicable standards for the,t@eic dictated by the complexity of the ing ground water and con Ig* hydrogeology of the site, the surface waters; provided, however, and direction of the plume ni that if necessary to ensure that the or the likelihood of threat to the water quality criteria and standards public health, to ensure adequate are being met, the Department may and reliable monitoring data in require the installation owner to generally accepted engineering or determine the background water qual- hydro-geological practice. ity of the receiving ground water (h) Special monitoring require- and regularly sample the quality of ments for Class G-111 ground water. the discharge prior to contact with Discharges to Class G-111 grbu-nd ground water. water shall be monitored to assure, (k) Reporting requirements. compliance with the standards in Installations required to mon i tor Section 17-3.402, F.A.C.,; alte'rna- shall submit the following reports: tively, the permittee may institute 1. Within 90 days from the date a ground water monitoring pro ,gram of plan approval by the Department, which shall demonstrate that'_j 'he the permittee shall submit a report criteria in Section 17@3_ i-#02, stating the volume and chemical, F.A.C., are not violated. physical and microbiological compo- 0) Special monitoring t uire- sition of the discharge at the point ments for Class G-IV ground Water. of release or contact with the The Department shall speci-ty oppli- ground water at the site boundary. cable monitoring criteria on. - a 2. On a quarterly basis case-by-case basis for installations thereafter, or such other frequency 17-4-245(6)ff) -- 17-4.24S(6)(k)2. 12-19-84 322 DER1984 PERMITS 17-4 specified in the permit, the per- environment. Such action may include mittee shall submit reports from the but not be limited to clean up of discharge site and all monitoring the aquifer, cessation of the dis- wells indicating the type, number charge, or confinement or contain- and concentration of discharge con- ment of the waste plume. stituents or parameters indicated by (b) Where no imminent hazard the report in 1 . above that have exists, but the plume has extended been approved by the Department as beyond the zone of discharge or appropriate criteria to monitor in otherwise threatens or is likely to the monitoring program based upon threaten in the foreseeable future their potential to exceed the mini- to impair the designated use of an mum criteria contained in section underground source of drinking water 17-3-402, F.A.C., and the appro- or surface water immediately affect- priate standards for the particular ed by the ground water, the Depart- class of water adjacent to the zone ment shall require the installation of discharge as described in Sec- owner to take appropriate action to tions 17-3.404 through 17-3-406, clean up, increase the degree of F.A.C. The report shall also state treatment prior to discharge, con- what is the current nature of the tain or otherwise correct the viola- discharge - plume relative to the tion of water quality standards. The previous report with regard to type of corrective action shall be its size, direction and rate of based upon the following factors: movement. 1 . Direction of the plume move- 3. At any time there is a ment in relationship to existing and change in the permitted volume, potential sources of drinking water; location or chemical, physical and 2. Plume size both in the areal microbiological composition of the and vertical dimensions; discharge plume, the permittee shall 3. Rate of migration of the notify the Department and, if re- plume; quested by the Department, submit a 4. Level of toxicity of the new report containing the informa- plume; tion required in 1. above. 5. Rate at which the plume is (7) Corrective action. Whether being diluted,' or not an installation is q costs of clean up or ,perating 6. The under a currently valid Department other corrective action in compari- permit, the Department may order son with the benefits to the public the installation owner to take cor- of such corrective action; and rective action under the following 7. Current and projected future circumstances: use of adjacent ground and surface (a) Where the installation is waters affected by the plume. discharging into the ground water (8) Exemptions from secondary i,n a manner which represents an drinking water standards outside a imminent hazard to public health, zone of discharge in Class G-11 the Department shall require the ground water. installation owner to take immediate (a) Existing installations action to remove or reduce the haz- discharging into Class G-11 ground ard in such a way as to prevent any water are exempt from compliance threat to the public health and the with the secondary drinking water 17-4-245(6)(k)2. -- 17-4.245(8)(a) 12-19-84 3 2 3 DER1984 PERMITS 17-4 standards established as part-of '' the be expected to be generated by and standards for Class G-11 gr6und contained in the permitted discharge water in Section 17-3.404, F.-A.C., or result from the permitted activ- outside the installation's zone ' of ity in amounts which may reasonably discharge until July 1, 1985;,. pro- be expected to violate water quality vided, however, that such installa- standards. tions are prohibited from causing (2) Field testing, sample col- a violation of such secondary lection and preservation and labo- standards at any private or public ratory testing, including quality water supply well outside the zone control procedures, shall be in of discharge. accordance with methods approved by (b) Existing cooling ponds the Department. Approved methods approved by the Department for as published by the Department or treatment of thermal discharqeS-,-to as puhlished in Standard Methods, surface water as defined in Section A.S.T.M. or EPA Methods shall be 17-3.05(l) (c) (iii) , F.A.C., _' are used. Approved methods for chemical exempt from secondary standards.: so analyses are summarized in the long as the cooling pond wate: 'rs are Federal Register, December 1, 1976 monitored pursuant to Depar-tment (41FR52780) except that turbidity permit.- to ensure that the pond -does shall be measured using a Jackson not impair the designated q@-4E@ of candle apparatus or its equivalent. adjacent and affected ground yvaters (3) Equivalent, alternative and surface waters impacted b@ the methods may be approved by the Sec- ground water. In addition, -the retary. Such approval of alterna . Secretary may order such monitoring methods shall be !-)ased upon a eW of ground waters as may be reason- nical demonstration, through com- ably necessary to ensure that the parison of analyses of replicate designated use of affected ground samples, that the proposed alternate waters and surface waters is, _.not method measures the relevant para- impaired. meters with the degree of accuracy Specific Authority: 403. -061, of the approved method. The written 403.062, 403,087, 403-504, 403.704, approval and the technical justifi- 403.804, 403-805, F.S. Law Imple- cation upon which it is based shall mented: 403.021, 403.061, 401.087, be executed by the Secretary, filed, 403.088, 403.101, 403.121, 403,141, and shall be available for public 403.161, 403.182, 403.201, 403.502, inspection at the Department's 403.504, 403-702, 403.708, 17.5@. Tallahassee, district and subdis- History: New 3-1-79, Amended-.- trict offices. 1-1-83.. (4) As a quality control pro- cedure the Department may require 17-4.246 Sampling and Testing persons who submit test data to the Methods. Department to analyze a reasonable ( 1) With regard to any go-ni'tbr- number of reference samples, not to Ing requirements that may be iim"plosed exceed one percent of the tests upon persons subject to th@iis, Ckhap- performed on an annual basis, for ter, the Department may r6qu.ire parameters tested by those persons. monitoring and sampling or4y for These samples shall be provided by those pollutants that may reasdhably the Department. 17-4.M,(q).(a) -- 17-4-246(4) 12-19-84 3 2 4 DER1984 PERMITS 17-4 (5) Any of the following con- Specific Authority: 403.061, ditions may he grounds for deter- 403.062, 403.087, 403 .504, 40 3 .704, mining that monitoring data do 403.804, 403.805, F.S. Law Imple- not meet the requirements of this mented: 403.021, 403 .061 , 403 .087 , Section: 403.088, 403-091, 403.101, 403.121, (a) Failure to maintain those 403.141, 403-161, 403.182, 403-502, laboratory test records commonly 403.@02, 403.708, F.S. History: mai ntai ned by other laboratories Formerly 17-3-03, Amended and conducting the same tests; or, Renumbered 3-1-79. (b) Failure to maintain data quality assurance records which 17-4.247 Pollution Surveys. shall include information on instru- Surveys of waters and treatment ment calibration and maintenance, plant effluents shall be made in sample collection and analysis accordance with good sanitary engi- times, and test results for dupli- neering practice and shall be of icate, spiked and split or reference sufficient scope to provide informa- samples. tion as requested @)y the Department (6) Using generally accepted in cases where the Department deems scientific procedures, the Depart- such survey necessary to provide ment shall establish detection information relative to estimations limits for each parameter for which of effects of stationary installa- a test method has been approved. tions on receiving waters. Such When properly conducted testing surveys shall take into account procedures using an approved method relevant factors such as the physi- show a parameter to be below the cal, chemical, biological, and detection limit, its value shall he bacteriological condition of the assumed to be zero for the purpose waters. of that test if the measurement Specific Authority: 403.061, is not to be averaged with other 403.062, 403.087, 403 .504, 403 .704, values. If the measurement is to be 403.804, 403.805, F.S. Law Imple- used for this calculation, and the mented: 403.021, 403.061, 403.087, calculated average thus ob tai ned 403.088, 403.091, 403.101, 403.121, shall be compared to the detection 403.141, 403-161, 403.182, 403-502, .limit. If the calculated average 403.702, 403.708, F.S. History: is less than the detection limit, Formerly 28-5.20, 17-3.20, the value shall be assumed to be Amended and Renumbered 3-1-79. zero. However, nothing shall pre- clude the use of other scientific 17-4.248 Stormwater. procedures acceptable to the Depart- Specific Authority: 403.061, ment for the purpose of establishing 403.062, 403.087, 403.504, 403.704, concentrations. 403.804, 403-805, F.S. Law Imple- (7), The submission of fraudu- mented: 403.021, 403.061, 403.087, lent data to the Department by any 403.088, 403.091, 403.101, 403.121, person may subject such person to 403.141, 403.161, 403.182, 403-502, the imposition of sanctions pursuant 403.702 403.708, F.S. History: to Section 403.087(6) or Section New 3-;-79, Transferred to Chapter 403 *161, F*S* 17-25, F.A.C., and Amended 2-1-82. 12-19-84 17-4-246(5) 17-4.248 (History) 3 2 5 DER1984 PERMITS 17-4 17-4.249 Preservation of in (1) above. Rights. (d) Thereafter, in the event (1) In the event any of the any alternative provisions adopted moderating provisions describdd ' in by the Environmental Regulation 17-3.011(19)(b), F.A.C., areclecl'ar- Commission are disapproved by the ed invalid by a court of competent Environmental Protection Agency, jurisdiction or a hearing officer then the provisions of subsections pursuant to Section 120.56, Ffo@ida (1) and (2) above shall apply as if Statutes, then the Environmental the moderating provisions had been Regulation Commission shall, at the declared invalid. earliest opportunity, reconsider the Specific Authority: 403.061, affected provisions and all 'bther 403.062, 403.087, 403.504, 403.704, relevant portions of this ruI6 to 403.804, 403.805, F.S. Law Imple- determine if alternative provisions mented: 403.021, 403.061, 403.087, should be adopted in order to, re- 403.088, 403.091, 403.101, 403.121, solve issues resulting from such de- 403.141, 403.161, 403 .182, 403 .502 cision or action and to assure that 403.702, 403.708, F.S. History: the intent expressed in 17-1.011 New 3-1-79. (19), F.A.C., is fully implemented. (2) Until final agency ktion 17-4.25 Water Pollution Tempo- has been taken by the Commil'sision rary Operation Permits; Conditions. upon its consideration of *alter- (1) A person who does not native provisions, the rights, of qualify for a water pollution opera- affected permitted discharg-e'rs, tion permit or has been deni d s le( affected dischargers whose permits permit may apply to the Depart* would otherwise expire prior t6- that for a water pollution temporary action, and affected existing storm- operation permit. Application shall water dischargers shall be pres@!eved be made in accordance with Part I of in the following manner: Chapter 17-4, Florida Administrative (a) Existing permits shall Code. remain in full force and effect; (2) The Department shall give (b) Existing permits which notice to people resident in the would otherwise expire prior - to drainage area of the receiving final agency action by the Commis- waters for the proposed discharge s ion upon its consideration" '-_ of of the time in which they may alternative provisions shall remain present objections to the proposed in full force and effect until ap- discharge. plication for permit renewals can,-be (3) No water pollution tempo- made following the action within. a rary permit shall he granted until time prescribed by the Commission; all requirements of subsection (c) Significant existing storm- (4) of 403.088, FS., (1971) are water dischargers who have -b6en fulfilled. notified that the Departmehl, will (4) If the Department deems require permits under pr-dvi.Mons such action is necessary and desir- ,of Section 17-4.248, F.A.C., will able to protect the quality of the be required to file aopfication receiving waters and promotes the for permits only for those ciom'po- public interest, it may issue a nents of the proposed discharge. hot Temporary Operation Permit which affected by the action described places restrictions or limita 12-19-94 17-4.20(l) 17-4.25(4) S@ 326 DER1984 PERMITS 17-4 on increasing sewage through or provide the required treatment effi- additional connections to the sewage ciency. For the purposes of this treatment facility involved. section, the term "required treat- (5) Pursuant to Section ment efficiency" shall mean second- 403.088, Florida Statutes, and ary treatment with 90% efficiency in Department Rule 17-1.25(4), Florida removal of biochemical oxygendemand Administrative Code, the owner of and suspended solids, or advanced any sewage treatment facility which waste treatment, as defined in Sec- is operating under conditions con- tion 17-6.01(3)(b)1., Florida Admin- tained in a Temporary Operation istrative Code, where applicable, or Permit which prohibit increases in ordered by the Commission. sewage flow, may apply to the (c) The application shall con- Department for a modification of its tain written certification that the Temporary Operation Permit to allow applicant will comply with Depart- additional connections and increased mental rules, regulations, permit discharge of sewage from such facil- conditions, and applicable local law ity in accordance with the following and regulations. provisions: (d) The burden shall be upon (a.) When the Department re- the applicant to affirmatively show ceives such an application, promi- to the Department by the submission nent notice shall be given to the of sufficient chemical and biologi- public residing in the drainage cal data and other competent scien- area.of the receiving waters of the tific evidence that the proposed sewer discharge as to the proposed additional sewage connections and increase in sewage connections and increased sewage flow will not be sewage flow, the degree to which sufficiently detrimental to the such sewage wastes are being treat- health, safety and welfare of the ed, and soliciting written comments citizens of the State of Florida or relevant thereto within thirty (30) to the natural environment including days of publication. fish, plant and aquatic life. (b) The application shall con- (e) The application shall pro- tain specific evidence and informa- vide reasonable assurances that the tion which demonstrates that the proposed connections will not result applicant is making a good faith in the creation of a public health effort to huild or improve its sew- hazard. age treatment facilities so as to (6) If, based upon the suffi- comply with the rules and regultions ciency and weight of the evidence of the Department. For this purpose, submitted, and after consideration the applicant shall be deemed to of public comment and objections, have satisfied the requirement of the Department determines that the demonstrating a "good faith effort" requirements of paragraphs (5)(a), only if the Department is provided (b), (c), (d), and (e) above have reasonable assurances that an ap- been fully satisfied, then addition- proved treatment facility will he al connections and sewage flow may under construction by July 1, 1975, be allowed and the Temporary Opera- and completed by July 1, 1977, whose tion Permit modified as follows: sanitary. wastes will meet water (a) If the facility will attain quality standards and which will required treatment efficiency in 17-4-25(4) 17-4.25(6)(a) 12-19-84 3 2 7 DER1984 -PERMITS 17-4 90 days, allow additional flow-: up require the applicant to subMV1 to a limit of 10% above the average information to the Department on the monthly flow for the precedin4 12 following: month period. (a) The affirmative steps taken (b) If the facility will attain by the applicant to build, improve required treatment efficiency in,240 or upgrade its treatment facilities; days, allow additional flow up to a and, limit of 7% above the averge month-ly (b) The extent of any environ- flow for the preceding 12 month mental damage that is resulting from period. the operation of the facility and (c) If the facility will attain any continued increases in sewer required treatment efficiency in 365 connections to the facilit@. To days, allow additional flow up to- a assist in this determination, the limit of 5% above the average month- Temporary Operation Permit modifi- ly flow for the preceding 12 month cation may require the applicant to period. I operate a continuous water quality (d) If the applicant provides monitoring program approved by reasonable assurances that a facil- the Department, and submit reports ity that will attain the required thereon. treatment efficiency will be under (9) In accordance with the construction by July 1, 1975 11 and procedures set forth in Chapter completed by July 1, 1977, additi6n- 17-4.10, Florida Administrative al flow up to a limit of 3% above Code, the Department may revoke the the average monthly flow for the permit modification previou preceding 12 month period will be granted by the Department if allowed. Department determines the followi* (e) If approved ocean outfalls (a) that the affirmative steps will be utilized, the percenta 'ges in contained in paragraph (8)(a) have the above section (a), (b), (c), and not been taken, or (d) may be increased to 30%, -20%, (b) that the increase in con- 15%, and '10% respectively. nections or sewage flow is detri- (7) The Department sha'I I not mental to the health, safety and grant a modification of a Temporary welfare of the citizens of Florida Operation Permit pursuant to Section or the natural environment of the 403'.088, Florida Statutes, in e5(cess area involved, or of the flow increases contained. in (c) that revocation should paragraph (6) unless, after . due proceed upon any other ground set notice, it holds a public heari.ng forth in Section 403.087, F.S., or before a Departmental hearing exami- in Department Rule 17-4.10, Florida ner in order to receive testimony, Administrative Code. evidence and public comment, and the (10) If the Department denies Commission thereafter issues' ji-nal an application for a modification of approval of such flow increa@sq. a Temporary Operation Permit, the (8) When the issuance or -j_,hqdi- applicant may request a hearing fication o'f a Temporary Op rat,ion before the Department pursuant to Permit is granted an applicah 't pur- Section 17-4.15, Florida Administra- suant to paragraph (6), the, Depart- tive Code, by filing a petition for ment shall periodically evaluat& -aiind review in acordance with Department 17-4.25(.6)(a) 17-4.25(10) 12-19-84 328 DER 1984 PERMITS 17-4, Rule 17-1.25(5), Florida Administra- use an existing well or sink, drive tive Code. or drill a new well for discharge of (11) No modification of a sewage or surface water, the owner Temporary Operation Permit shall of existing well or well drilling be given, pursuant to Section contractor and the owner of property 403.088(5)(c), Florida Statutes, in the case of a new well shall after June 30, 1975. apply to the Department for a permit Specific Authority: 403.021, authorizing drilling and use of said 403.031, 403.061, 403.088, F.S. wel 1. Law Implemented: 403.021, 403.031, (b) Drainage well shall be con- 043.061, 403.087, 403.088(5)(c), sidered to have the same meaning as F.S. History: New 5-17-72, absorbing well. Amended 3-26-74. (2) Drainage Well, Applica- tions. 17-4.26 Permits Required for Applications for drainage well Sewage Works. permit shall be on forms supplied (1) No person shall operate, by the Department and accompanied by maintain, construct, alter, modify, the following data: or expand any sewage collection (a) Completed report of inspec- system, sewage disposal system or tion by county or regional engineer. sewage treatment facility without (b) Location and depth of well a current and valid permit from and depth of casing of all water the Department, pursuant to the supply wells within one (1) mile provision of Chapter 17-6, Florida radius of proposed well. Administrative Code. (c) Nature of waters to be ; (2) The Department shall deny discharged into proposed drainage an application for a permit unless wel I including analysis thereof, the sewage collection, treatment source, estimated quantity and and disposal system will provide pertinent bacteriological analyses adequate and effective treatment if deemed necessary by the Commis- in accordance with the rules and sion. regulations of the Department. (d) If transmittal ditches or (3) Applications for a permit depressions are used to allow flow under this section shall be in of surface or other waters to the accordance with Part I or Part III, well, a complete drawing of the Chapter 17-4, Florida Administrative drained area shall be supplied and Code, and on forms adopted in Sec- considered a part of the drainage tion 17-1.122, Florida Administra- structure. tive Code. (e) If drainage well or drain- Specific Authority: 403.061, F.S. age structure will present possible Law Implemented: 403.021, 403.031, pollution hazard to underground 403.061, 403.087, 403.088, F.S. water or water supply wells within History: New 5-17-72, Amended one (1) mile thereof, additional 8-7-73, 5-14-81, 7-8-82. data may be requested. (f) All applications shall be 17-4.27 Drainage Wells; Permits. signed by the well drilling con- (1)(a) Before any municipal or tractor and owner of property where private corporation or persons shall proposed well or drainage structure 12-19-84 17-4.25(10) 17-4.27(2)(f) 3 2 9 DER1984 PERMITS 17-4 is 'located or his duly authorized Drawer 631, Tallahassee, Florida, agent. - I when drilling is completed. (g) In all cases except.-fdr (c) If casing is used within wells to receive condenser cooling the well it shall be first quality waters or where receiving aquifer 6r lap-welded pipe only. Use, of butt aquifers contain fifteen hundred welded pipe is prohibited. (1500) parts per million or more of (d) Practice of dynamiting chlorides, bacteriological examina- clogged wells shall not be resorted tion must be made of water from'all to except upon written permission of water supply wells within one (i) the Commission. mile radius that are drilled'' to (5) Drainage Well Permit Revo- approximate depth of proposed drain- cation or Modification. age well. The bacteriological suevey Drainage well permits are shall be conducted in the following revocable or subject to modification manner: by the Commission in accordance with 1. Samples shall be collected provisions of Section 387.03 and from each well for the first 'three Sections 120.60 and 160.68, FS. days of each week for a per4bd -of Pumping into drainage wells unless four weeks. specifically authorized in permit 2.- Duplicate samples shall be will constitute violations of permit collected in each case after 'we'll and be cause for permit revocation. has been pumped at least twenty (6) Test wells or borings shall minutes. Whenever a drainage:'well be filled with concrete within five installation it approved following days after completion Of t st*n preliminary bacteriological survey purposes for which it was drill of neighboring water supply welts, Such test wells or borings shall an identical survey of the same well be used as drainage wells unless shall be conducted following opening permit has been obtained in accor- of drainage well. dance with this chapter. Failure to (3) Effective Date of Permits. obtain permit prior to drilling of No permit for operation or said well or boring shall bar future drilling of a drainage well shall use except for testing purposes not become effective or operative until connected with drainage in any filed with the clerk of the cir@uit manner whatsoever. court as required in Section 387.63, (7) Within ten days after FS. abandonment of drainage wells, they (4) Drainage Wells, DrilliAng shall be backfilled from bottom to Requirements. top with neat cement grout. (a) A log showing various Specific Authority: 403.021, strata pierced by the well shall be 403.031, 403-061, 403.087, 403.088, forwarded to the Department within F.S. Law Implemented: 403.021, two days after completion of drill- 403.031, 403.061, 403.087, 403.088, ing operation. 403.101, 403.182, F.S. History: (b) Samples of strata for- Formerly 17-3.12, 17-3.13, 17-3.14, mations pierced shall be forward- 17-3-15, 17-3.16, 17-3.19 FAC, ed to the State Geologist, P. 0. Revised 5-17-72. 12-19-84 17-4.27(2iff) 17-4.27 (History) 3 3 0 DER1984 PERMITS 17-4 17-4.28 Dre4ging or Filling; (e) Atlantic Ocean out to the P,ermits, Certifications. This seaward limit of the State's terri- section applies only to dredging or torial boundaries; filling for which a complete. ap- (f) Gulf of Mexico out to the plication was received prior to seaward limit of the State's terri- October 1, 1984, or for dredging or torial boundaries; filling which is grandfathered by (g) natural tributaries do not Subsections 403.913(6) and (8), F.S. include intermittent natural water and Sections 17-12.120, 17-12.130, courses which act as tributaries and 17-12.140, F.A.C. All other only following the occurrence of dredging or filling is subject to rainfall and which normally do not Chapter 17-12, F.A.C. contain contiguous areas of standing (1) Regardless of whether a water. permit is required, all dredging or The department recognizes that filling activities conducted in or the natural border of certain water connecting to waters of the state bodies listed in this section may shall comply with Chapter 17-3, be difficult to establish because F. A. C. Compliance shall be in of seasonal fluctuations in. water regard to the long-term, as well levels and other characteristics as the short-term effects of the unique to a given terrain. The projects. intent of the vegetation indices in (2) Pursuant to Sections Section 17-4.02(17), F.A.C., is to 403.061, 403.087, or 403.088, F.S., guide in the establishment of the those dredging or filling activi- border of the water' bodies listed ties which are to be conducted in, in the section. It is the intent or connected directly or via an of this rule to include in the excavated water body or series of boundaries of such water bodies excavated water bodies to, the areas which are customarily sub- following categories of waters of merged and exchange waters with a the state to their landward extent recognizable water body (i.e., areas as defined by Section 17-4.02(17), within the landward extent of waters F.A.C. require permit from the de- of the state as defined in Section partment prior to being undertaken: 17-4.02(17)). Isolated areas which (a) rivers and natural tribu- infrequently exchange water with taries thereto; a described water body or provide (b) streams and natural tribu- only insignificant benefit, to the tPries thereto; water quality of a water body are (c) bays, bayous, sounds, intended to be designated as up- estuaries, and natural tributaries lands. The vegetation indices in thereto; Section 17-4.02(17), F.A.C., are (d) natural lakes, except those presumed to accurately delineate owned entirely by one person and the landward extent of such water except for lakes that become dry bodies. each year and are without standing (3) The applicant for a dredge water together with lakes of no more and/or fill permit or a federal than ten (10) acres of water area at certification for a dredging and/or a maximum average depth of two (2) filling activity shall affirmatively feet existing throughout the year; provide reasonable assurance to the 12-19-84 17-4.28(l) -- 17-4.28(3) 331 DER1984 JiERMITS 17-A department that the short-term ' iind project encompassing both 10,000 long-term effects of the activity cubic yards of filling and an addi- will not result in violations of .-the tional 10,000 cubic yards of dredg- water quality criteria, standards, ing) In addition, the limitations requirements and provisions .0f shall include the total yardage of Chapter 17-3, Florida Administritive material involved in the creation Code. The Department shall, upo .n or elimination of waters of the denying any application, furnish the State. 'This short form category applicant an official statement is not intended to apply to portions specifying wi th particularity -the of a project whose total scope ex- reasons for denial, including a pre- ceeds the above maximum cubic yard cise statement of those violations limitation. of water quality criteria, stan- (b) Dockage or marina facili- dards, requirements and provisions ties not exceeding 30,000 square it expects to be caused by such 'ac- feet of waters of the state to their tivity and the manner in which su,6h landward extent, or dockage or mari- effects are expected to be caused. na facilities, regardless of area (4) With regard to the i@6view occupied, designed primarily for the of the-following types of dredging mooring or storage of watercraft or filling activities, the depart- used exclusively for sport or plea- ment will provide a statement @is--to sure and containing less than one the necessity of obtaining a p6@MiA. hundred (100) slips which number is Said statement will be provided' by the sum of existing and proposed the Department within thirty 430) boatslips. The square foot calendar days of receipt of _@'a limitation shall include all arS short-form application. The t@pias excluded from public use by the of projects described below may- be facility or enclosed by a line combined in one short-form app!ica- surrounding all components of the tion. If any portion of the proposed facility located in waters of the p roject exceeds the criteria for state. short-form applications, the apoli- (c) New riprap revetments of cation as filed shall be process'ed any length and new vertical bulk- as a standard-form application. heads, seawalls or similar struc- Successive short-form applications tures not exceeding 500 linear feet shall not be processed for portions of shoreline, except those exempted of a project whose total scope under F.A.C. Rule 17-4.04(9)(f). exceeds the criteria establish'60. This linear footage limitation shall Applications shall be made on'@the include total shoreline distance application form as set forth Jn existing on the body of water prior Subsection 17-1.1221(15), F.A.C.-, to the commencement of work. Appli- (a) P rojects not exceeding cations will not be approved under 10,000 cubic yards of 66f@-rial this section on a cumulative basis. placed in or removed from thCi *6te'Fr s (d) The installation of buoys, of the state. The 10,006 cub ,-ic aids to navigation except those 'yardage limit shall be s @ately described in Section 17-4.04(10)(b), applied to proposed dredgiii' `i'n d. / 6 r F.A.C., the installation of signs, 9 filling (i.e., a short form @: plic6- fences, and ski ramps, and the tion may be processed for a st 64 1 e installation of fish attractors by 17-4.219,[3) 17-4.28(4) (d) 12-19-84 3 3 2 DER1984 PERMITS 17-4 the Florida Game and Fresh Water and Procedure. Fish Commission. (a) Class A (e) The performance for ten 1. Those emergencies which in years from the date of issuance of volve the loss of human life, limb, the original permit of the mainte- or property due to natural calami- nance dredging of permitted naviga- tous occurrences such as but not tion channels, port harbors, turning limited to hurricanes, tornadoes, basins, and harbor berths. The fires, floods, high winds, or the phrase "original permit" used in breaks of dams or levees. this subsection means the original 2. No permit shall be required permit issued by the state pursuant for temporary measures taken to to Chapter 253, Florida Statutes. correct or give relief from Class A Maintenance dredging permits of up emergencies. Immediately after the to. ten years may also be obtained occurrence of a Class A emergency, pursuant to Section 17-4.28(11)(e), the appropriate district office of F. A. C. the department shall be notified of M The installation of sub- the emergency. Within fourteen (14) aqueous transmission and distribu- calendar days after the correction tion lines entrenched in (not of the emergency a report to the exceeding -10,000 cubic yards of district office of the department dredging), laid on or embedded (as shall be made outlining the details defined in 17-4.02(14), F.A.C.) in of the emergency and the steps taken the bottoms of waters of the state for its temporary relief. The report carrying water, wastewater, elec- shall be a written description of tricity, communication cables, oil all of the work performed involving and gas, except those exempted in dredge and fill activities and shall Section 17-4.04(10)(c), F.A.C. set forth any pollution control (g) The construction in or on measures which were utilized or are the waters of the State of foot- being utilized to prevent pollution bridges and vehicular bridges. of waters of the state. A permit (h) Reserved. shall be required in connection with 0) The replacement or widen- dredge and fill activities for per- ing, in or on the waters of the manent measures in relief,of Class A State, of footbridges and vehicular emergencies. bridges supported by pilings or (b) Class B trestles where the effects of pol- 1. Other non-natural disasters lutants discharged into open waters such as but not limited to bridge ran be minimized. collapses, sudden and unpredictable (j) The construction of artifi- structural collapses, and sudden and cial reefs. unpredictable hazards to navigation (k) The performance of mainte- which do not threaten the immediate nance dredging (except for those loss of life or propety but will re- projects described in Section quire immediate action for relief. 17-4.28(4)(e), F.A.C.) providing 2. No permit shall be required there is not more than 10,000 cubic for temporary measures needed to yards of material removed from the correct or give relief from Class B waters of the State. emergencies. Temporary measures (5) Emergencies; Classification shall be limited to only those 12-19-84 17-4.28(4)(d) 17-4.28(5)(b)2. 3 3 3 DER1984 PERMITS 17-4 minimum works required to protect tions for the construction of resi- against loss of life, limb, health dential canals and their connection or property or which immediately to the categories of waters listed threaten plant and animal life. The in Section 17-4.28(2) where such appropriate district office of the canals and connections were shown on department shall be notified within a plat recorded prior to April 3, twenty-four (24) hours after occur- 1970, and where such canals and rence of a Class 8 emergency, and a connections constitute a part of written report shall be given within the contractual obligations of the fourteen (14) calendar days after applicant incurred pursuant to land completion of the temporary measures sales contracts executed prior to which have been taken. The report April 3, 1970, and where there has shall be a written description 'of been a continuing, bona fide effort all works- which have been performed by the applicant since the date of as well as pollution control mea- recording said plat to fulfill the sures utilized. A permit sha-0 Pe plan of development set forth in the required in connection with dredge plat and undertaken by the terms of and fill activities for permari-ent said co 'ntractual obligations. In measures taken for the relief -of determining the nature and extent of Class R emergencies. the applicant's obligations to pur- (6) If a certification or chasers, the plat shall be consider- permit application is made 'for a ed together with sales contracts dreding and/or filling activity- in and other related documents which Class I waters which are the sou.rce combine to make up the applica# of water for a potable water system, legally enforceable obligations then the person or legal e@tj.@ty purchasers of property within utilizing the waters for such system recorded plat. shall be notified by the Department (c) A permit and/or certifica- and given an opportunity to comment tion shall be issued for such canals on the proposed dredging andtor and connections, provided that the filling activity. applicant makes all reasonable (7)(a) In recognition of the changes in the design and plan of substantial economic commitments the canals, including drainage heretofore made by developers in thereto, and connections which the this state and by persons wholhave Department determines are necessary entered into contracts with such to ensure that the water quality developers for the purchase@ of standards, requirements, criteria, property prior to April 3, 1970,, "the and provisions of Chapter 17-3, effective date of Public Law 91@_224, Florida Administrative Code, will which created the federal water be met in the canals as well as in quality certification program - - for the waters to which the canals are dredging and/or filling projiicts to be connected; provided that in administered by the Departmen't,,--the determining what changes reasonably special consideration provision�-- in should be made and whether the subparagraphs (b), (c), and- (d) permit and/or certification should below are hereby established. be issued, the Department and/or (b) The Department shall-6ive Commission shall balance the special consideration to apljjica- contractual obligations involved 12-19-84 17-4.28-(.@j (b)2. 17 -4. 2 8 (7) (c) 3 3 4 DER1984 PERMITS 17-4 against any negative water quality Department shall notify the appli- impacts of the project on the pur- cant within sixty (60) days of the chasers and the general public, and receipt of such application and where the negative water quality additional required information as impacts outweigh the considerations to the nature of any changes to be. of contractual obligations, the required. The applicant shall there- changes shall be required or the after respond to such notice within permit and/or certification denied. sixty (60) days stating whether he Except that contractual obligations will agree to incorporate into his incurred after April 3, 1970, shall plan of development such changes as not be considered in determining have been requested by the depart- the reasonableness of the proposed ment. If no changes are deemed by changes; provided that changes in the department to be necessary, or the design locations or platted if the applicant agrees to incor- alignments of the canals which are porate into his plan of development requested by the department's staff the changes requested'by the depart- and which the applicant believes ment, the application shall be are unreasonable shall be referred approved and a permit stating the to the Commission for final deter- agreed-upon changes issued within mi nation. - ten (10) working days of the execu- (d) Any person who seeks the tion of an agreement reflecting such special consideration provided in agreed-upon changes signed by the this subsection shall register such applicant and the Secretary of the request with the department within department. If the applicant one hundred twenty (120) days of the believes the changes requested by effective date of this rule. Said the Department to be unreasonable registration shall be made on the within the intent of this subsection form provided by the Department. when taken as a whole, he may seek a The determination as to whether a final determination by the Commis- person qualifies for special consid- sion as stated in subparagraph (c) eration shall be made at the time above. that an application for a permit (8) (a) The department recogniz- and/or certification is filed with es the special value and importance the Department and reviewed for of Class I I waters to Florida's purposes of issuance or denial. economy as existing or potential Persons not registering pursuant to sites of commercial and recreational this subsection shall not receive shellfish harvesting and as a nurs- the special consideration provided ery area for fish and shellfish. herein. Therefore, it shall be the depart- (e) Upon the filing of an ment!s policy to deny applications application for a permit under this for permits or certifications fo r section, together with such addi- dredging or filling activities in tional information as may be neces- Class 11 waters, except where the sary to enable the Department to applicant has submitted a plan or determine whether, and what, changes procedure which will adequately in the plan of development may protect the project area and, areas be required in accordance with the in the vicinity of the project from criteria set forth herein, the significant damage. The department 17-4.28(7)(c) 17-4.28(8)(a) 12-19-84 3 5 DER1984 PERMITS 17-4 0 shall not issue a permit for dredg- discharge into any of the waters ing or filling directly in , areas listed in Section 17-4.28(2), Flor- approved for shellfish harvesting by ida Administrative Code, water which the Department of Natural Resources. violates the standards designated Provided, however, that the,;. staff for such waters. of the department may issue permits (11) Additionally, the follow- or certifications for maintenance ing requirements shall apply and, dredging of existing navigati"onal where in conflict, shall supercede channels, for the construction. of those contained in Part I of Chapter coastal protection structures. -and 17-4, Florida Administrative Code. for the installation of transmission (a) Within thirty (30) days and distribution lines for carrying after receipt of an application for potable water, electricity or_ com- a permit under this section, the munication cables in rights-of-way Department shall examine the appli- previously used for such lines. cation, notify the applicant of any (b) The department sh,111'.7."also apparent errors or omissions, and deny applications for perm'its-, or request any required additional certifications for dredging anr[/or information. The Department may filling activities in any class..'_ of deny a permit application if the waters-where the proximity of 'such applicant, af ter receiving timely activities to Class 11 waters , ,wo-uld notice, fails to correct errors, be expected to have an impact 9njhe omissions, or supply additional in- Class 11 waters, and where reason- formation within a reasonable period able assurance has not been prdy..I:ded of time. Additional informa that the activities will not result which the Department is author in violations of the appticable to require prior to acting on e provisions of Chapter 17-3, Florida application may include, where Administrative Code, in the Class 11 applicable: waters. 1. preparation of a hydro- (9) Reserved. graphic survey pursuant to sections (10) The Department shall issue 253.123 and 253.124, Florida Stat- a permit for dredging and/or Jil-ling utes; in an upland residential drainage 2. submission of any required system located above permanent-con- lease, license, easement or other trol structures when such updand form of consent from the Board of drainage system is normally dr- ,y_, and Trustees of the Internal Improvement where the application for such., per- Trust Fund or the Department of mit is accompanied by an affidavit, Natural Resources authorizing the together with supporting data proposed use of sovereignty or other factory to the department, signe@'by lands of the State, title to which a Registered Professional Engjneerd, is vested in the Board of Trustees and certifying the accuracy d.1f'*."s-uch of the, Internal Improvement Trust data, that such upland qrpinage Fund, pursuant to section 253.77, system will, when combined- with Florida Statutes. other drainage systems through which 3. submission of a competent the drainage will flow 7hg _pe. a survey prepared in the manner pre- one year storm retention cqppcity scribed by Chapter 177, Florida and where such drainage wi-11:1, not Statutes, and generally accepted 17-4-28(-0 (a) 17-4.28(11)(a)3. 12-19-84 Oe 3 3 6 DER1984 PERMITS 17-4, professional surveying standards, shall forward any additional infor- establishing mean high water or mation needed to complete the appli- ordinary high water lines for pur- cation, revisions or modifications poses of determining the boundary of when received by the department. navigable waters under Chapter 253, The department shall process the Florida Statutes; and completed application as soon as 4. any other information the possible and shall advise the ap- Department -is authorized to require plicant and the Board of Trustees by law. of the Internal Improvement Trust (b) The Department shall notify Fund or the Department of Natural the applicant if the activity for Resources of its intended agency which he seeks a license is exempt action. Completeness for this from the Department permitting purpose shall be deemed to exclude requirements and return any tendered evidence of consent of use. However, application fee within thirty (30) the department shall not issue, but days after receipt of the original may deny, a permit before consent of application or within ten (10) days use is obtained by the applicant after receipt of the timely request- from the Board of Trustees of the ed additional information or correc- Internal Improvement Trust Fund or tion of errors or omissions. the Department of Natural Resources (c) Upon receipt of the origi- pursuant to Section 253.77, F.S. nal completed application, or re- (e) Every application for a ceipt of the timely requested addi- permit shall be approved or denied tional information or correction of within ninety (90) days after re- errors or omissions, the Department ceipt of the original application shall forward a copy of the applica- or receipt of the timely requested tion to the Florida Game and Fresh additional information or correction Water Fish Commission, the adjacent of errors or omissions. The ninety waterfront property owners as indi- (90) day period shall be tolled by cated on the application forms, the initiation of a proceeding under the governing body of the local section 120.57, Florida Statutes, government or governments in which and shall resume ten (10) days after the activity is located, and other the recommended order is submitted governmental agencies which have an to the Department and the parties. interest in the proposed project, Any application for a license not for their review and comments. Sub- approved or denied within the ninety mission of the application to the (90) day period, within fifteen (15) local government pursuant to Section days after conclusion of a public 253.125, F.S., shall be within ten hearing held on the application, or (10) days of receipt of the appli- within forty-five (45) days after cation for a permit pursuant to the recommended order is submitted Section 253.124, F.S., regardless of to the Department and the parties, its completeness. whichever is latest, shall be deemed (d) Within thirty (30) days of approved. receipt of an application for permit (f) No department permit autho- under Chapter 253, F.S., the depart- rizing construction in, on or over ment shall forward a copy to the navigable waters or by dredging or Department of Natural Resources and filling in waters of the state, 17-4.28(11)(a)3. 17-4.28(11)(f) 12-19-84 3 3 7 DER1984 -PERMITS 17-4 tment, Statutes, have been obtained IR unless extended by the depar for th shall be valid for more than five dredging and/or filling and which (5) years from the date of receipt are being conducted in compliance by the applicant of all state- and with the conditions and requirements federal governmental authoriza@tion_s of such certifications or permits as may be required for completi@n do not require new certifications of the proposed work. Provided, or permits under this section. In however, certain maintenance dredg- addition, the department shall not ing permits issued pursuant Ao require a permit and/or certifica- standard applications may be granted tion for upland drainage systems for renewable periods of up to fen which were reviewed for their (10) years from the date describ 'ed dredging and / or filling aspects in the preceding sentence, " and and which previously have been certain spoil disposal site perm iits approved in writing as to those may be issued for up to twenty--five dredging and/or filling aspects by years in accordance with section the Department's mai n office i n 403.061(24), F.S. Tallahassee, provided the drainage (g) Prior to commencemen't'-.'Of systems are constructed in confor- work authorized by a permit under mance to the plan approved by the this section, permittee shall not ify Department and any conditions and the local district or subdistrict requirements of such approval. office of the department. (14) Any application for a (h) Whenever comments" are dredge and/or fill permit from the required by Section 253.125, F.S., Department for such a project S no department permit shall be issued constitute application for cerit pursuant to Section 253-124, F*S., cation where necessary. Similari until written comments or approval an application for a certification of the local government pursua rnt to shall constitute an application for Section 253.125, F.S., are received a department permit. by the department or the time allow- (15) In a continuing effort ed for comments has lapsed. -The to expedite the processing of per- department shall deny an application mits and/or certifications and to when a majority of the local gov- increase accessibility to the pub- erning body objects, by resotutioin lic, it is the Secretary's intent or other formal action, to the to delegate the administration of issuance of a permit in accordance this rule to the water management with the criteria contained '.-in districts created under Section Section 253.125, F.S. 373.069, Florida Statutes, where the (12) Nothing herein ekc6pt Secretary finds that a particular Section 17-4.04(10), F.A.C., s'@all district has sufficient resources, limit the necessity of a person-`*-to expertise, and understanding of obtain a certification required_,by water quality problems to administer Public Law 92-500. this regulation and desires to (13) Those dredging ahd-lor receive such delegation. This rule filling activities for which 'valid does not prohibit such districts certifications (or waivers) under from promulgating regulations more Public Laws 92-500 and 91-22!@-. or restrictive in pursuance of their permits under Chapter 403, 'Florida responsibilities. 17-4.2&(_-1'1) (f) 17-4.28(15) 12-19-84 ho 3 38 DER1984 PERMITS 17-4 Specific Authority: 403.061, in the navigable waters including 403.805, F.S. Law Implemented: filling to create artificial reefs, 403.021, 403.061, 403.087, 403.088, groins, jetties, breakwaters, riprap 403.802, 403.813, 403.817, F.S. or other type sea walling, revet- History: New 6-10-75; Amended ments and any similar type struc- 10-26-75, 7-8-76; Joint Administra- tures and filling associated with tive Procedures Committee Objection, construction and/or installation of Filed 1-12-76, See FAW Vol. 1, activities described in this rule. No. 28; Amended 7-19-77; Joint (b) Dredging and/or digging hy Administrative Procedures Committee pumping sand, rock, silt, or earth Objection Withdrawn See Vol. 3, of any kind by any means including No. 30, 7-29-77; Amended 2-6-78, dredging to connect artificial wa- 2-18-79, 3-11-81, 7-8-82, 3-15-84, terways or waterbodies to navigable 10-16-84. waters; and dredging associated with construction and/or installa- 17-4.29 ConstrucVon, Dredging tion activities described in this or Filling in, on or ever Navigable rule. Waters; Permits Requ5tred Pursuant (c) Marina construction, main- to Chapter 253, F.S. This section tenance and installation and/or applies only to dredging or filling docks, wharfs, piers, walkways and for which a complete application was living quarters or dwelling type received prior to October 1, 1984, structures thereon and/or mooring or for dredging or filling which pilings, dolphins and similar struc- is grandfathered by Subsections tures and/or boat ramps, lifts or 403.913(6) and (a), F.S. and Sec- similar launching facilities and/or tions 17-12.120, 17-12.130, and ski ramps or other similar water 17-12.140, F.A.C. All other dredg- structures. ing or filling is subject to Chapter (d) Utility installations 17-12, F.A.C. The provisions of whether subaqueous, subterranean or this section apply only in regard over navigable waters and mainte- to the requirements of Chapter 253, nance and/or construction involving F.S., and do not relieve any persons activities otherwise requiring from complying with Chapter 403, permits. F.S. (e) Miscellaneous activities (1) Subject to the statutory including navigational aids, com- limitations and exemptions of Sec- mercial signs, fences or similar tions 403.501-.515 and 403.8130) obstructions, canal. locks, marine and (2), Florida Statutes, and as railroads; bridges, walkways or otherwise limited by general or similar structural crossings. special statute or department rule, (2) Any person desiring to the following activities at or obtain a permit from the Department below the line of mean high water to undertake the work described in or ordinary high water in, on, or (1) above shall make application over the navigable waters of the on the application forms prescribed State require a department permit; by Section 17-1.1221(15), Florida (a) Filling by the construction Administrative Code, in accordance of islands, extensions of existing with the instructions for standard lands or islands bordering on or and short form "Application for 17-4.28 (H i story) -- 17-4.29(2) 3 3 9 .DER1984 _-.PERFAITS 17-4 Construction, Dredging and Filling containing less than one h undred in the Waters of Florida" contain-e:d (100) slips, which number is the sum in Section 17-1.1221(15), F.A.t of existing and proposed boatslips. (3) The following acti4ities The square footage limitation shall shall be considered short form Obj- include all areas excluded from pub- ects, for which the application, --as lic use by the facility or enclosed set forth in Section 17-1.1221(1@), by a line surrounding all components F.A.C., shall be completed ,'-ahd of the facility located in navigable submitted to the department. The waters of the state. types of projects described below (c) New riprap revetments of may be combined in one application. any length and new vertical bulk- If any portion of the proposed proj- heads, seawalls or similar struc- ect exceeds the criteria for shoe-t- tures not exceeding 500 linear feet form applications, the application of shoreline except those exempted as filed shall be processed @3s-' a under F.A.C. Rule 17-4.04(9)(f). standard-form application. S O'c"c' e s - This linear footage limitation shall sive short-form applications 'shall include total shoreline distance not be processed for portions 'of a existing on the body of water prior project whose total scope exceeds to the commencement of work. Appli- the criieria established. cations will not be approved under (a) Projects not exceb.ding this section on a cumulative basis. 10,000 cub ic yards of m Steei a I (d) The installation of buoys, placed in or removed from navi'gable aids to navigation except those waters of the state. The 10 000 described in Section 17-4.04(10)( 'ift cubic yardage limit shall be sepa- F.A.C., the installation of sigrW rately applied to proposed dred@qing fences, and ski ramps, and the or filling (i.e., a short - form installation of fish attractors by application may be processed for a the Florida Game and Fresh Water single project encompassing both Fish Commission. 10,000 cubic yards of filling and (e) The performance for ten an additional 10,000 cubic yards (10) years from the date of issuance of dredging). In addition, the of the original permit of main- limitations shall include the total tenance dredging of permitted navi- yardage of material involved in the gation channels, port harbors, turn- creation or elimination of navig'able ing basins and harbor berths. The waters of the state. This short phrase "original permit" used in form category is not intended.-to this subsection means the original apply to portions of a project yvh os e permit issued by the state pursuant total scope exceeds the above nfaxi- to Chapter 253, Florida Statutes. mum cubic yard limitations. Maintenance dredging permits of up (b) Dockage or marina far- i I i - to ten years may also be obtained ties not exceeding 30,000 @'@@-uare pursuant to Section 17-4.28(11)(e). feet of navigable waters 16ff:.- the (f) The installation of sub- state or dockage or marin@a facili- aqueous transmission and distri-- ties regardless of area occupied, bution lines entrenched in (not designed primarily for the ' ring exceeding 10,000 cubic yards of or storage of watercraft used '@xclu- dredging), laid on or embedded (as sively for sport or pleasure-., and defined in Section 17-4.02(14)) in A 17-4.29(2) 17-4.29(3)(f) 12-10-84 4 0 DER1984 PERMITS 17-4 the bottoms of navigable waters of recommendations with reference to the state carrying water, waste- the effects of the proposed activity wbter, electricity, communication upon fish, wildlife or other natural cables, oil and gas. resources. A less extensive bio- I (g) The construction in, on or logical survey and ecological study over the waters of the state of shall be prepared by the Department footbridges and vehicular bridges. in evaluating short form aplications (h) The replacement or widening submitted pursuant to Subsection in, on or over the waters of the 17-4.29(3), Florida Administrative state, of footbridges and vehicular Code. However, if deemed necessary, bridges supported by pilings or the department may require the trestles where the effects of pol- applicant to conduct and submit a lutants discharged into open waters hydrographic survey. can be minimized. (6) The Department shall not (i) The construction of artifi- issue a permit unless the biological cial reefs. survey, ecological study and hydro- (j) The performance of mainte- graphic survey, if any, together nance dredging [except for those with information and studies provid- pi@ojects described in Subsection ed by the applicant affirmatively 17-4.29(3)(e), F.A.C.] providing show: there is not more than 10,000 cubic (a) that such activity will not yards of filling in the waters of interfere with the conservation of the state. fish, marine and wildlife or other (4) Application for and the natural resources, to such an extent issuance and denial of permits under as to be contrary to the public this section shall be made in interest, and will not result in accordance with the provisions of the destruction of oyster beds, Part I of Chapter 17-4, F.A.C., clam beds, or marine productivity, where applicable. Additionally, the including, but not limited to, requirements specified in Section destruction of natural marine hab- 17,-4.28(11), F.A.C., shall apply. itats, grass flats suitable as The emergency provisions contained nursery or feeding gounds for marine in Subsection 17-4.28(5), F.A.C., life, and established marine soils shall also apply to construction, suitable for producing plant growth dredging or filling in, on or over of a type useful as nursery or the navigable waters of the state feeding grounds for marine life or pursuant to Chapter 253, F.S. The natural shoreline processes to such fee provision contained in Sub- an extent as to be contrary to the section 17-4.05(4), F.A.C., shall public interest, and apply - (b) that the proposed project (5) Before issuance of a permit will not create a navigational under this sectioni a biological hazard, or a serious impediment to survey, ecological study, and hydro- navigation, or substantially alter graphic survey, if such hydrographic or impede the natural flow of navi- survey is deemed necessary by the gable waters, so as to be contrary Department, must be prepared by or to the public interest. under the supervision of the Depart- (7) The Department shall upon ment which contains findings and denying any application furnish the 12-19-84 17-4.29 .(3)(f) -- 17-4.29(7) 341 DER1984 PERMITS 17-4 applicant an official statement Chapter 403, FS., and Part I of thO specifying with particularity Ahe Chapter. reasons for denial, including ja Specific Authority: 403.061, precise evaluation as to the detri- 403.087, F.S. Law Implemented: mental biological and ecologic.al 403.021, 403.061, 403.087, 403.088, effects to be expected from the pro- 403.101, F.S. History: New 5-17-72. posed project which would interfere with the conservation of fisk, 17-4.31 Application Forms for marine and wildlife or other natural Permit to Dredge and Fill. resources to such an extent as to be Specific Authority: 403.061, contrary to the public interest or..a 403.087, 253-03(7), F.S. Law statement showing how the proposed Implemented: 403.021(2), 403.087 project would create a navigation"al (6), 403.061(16), 403.061(18), hazard, or a serious impediment, to 403.088(3)(b), 403.087(2), 403.813, navigation, or substantially alter 253.123, 253.124, F.S. History: or impede the natural flow of navi- New 10-26-75, Amended 7-8-76, gable waters. I Transferred to 17-1.1221(15), (8) The issuance of a pe'r-m-it Amended 2-18-79. under this section shall not 'relleve an applicant from the req.uirementlof 17-4.32 Certification and obtaining permits from and complying Acceptance. with lawful requirements imposed (1) Pursuant to the provisions by the Department of Army, local of subsections 253.126(l) and (2) government agencies, or the Florida and paragraphs 403.061(4)(a) and Department of Natural Resources, (h), Florida Statutes, this sec @ft applicable federal, local or state establishes the regulatory mechanlW law. Applicants may be required :to for departmental acceptance of obtain additional approval from, the Department of Transportation (DOT) Board of Trustees of the Internal certification that all requirements Improvement Trust Fund or the Divi- imposed by statute, rule or standard sion of Resource Management, State for environmental control and pro- of Florida Department of Natural tection shall be met in the mainte- Resources, in the exercise of their nance, repair or replacement of functions of ownership, prese.r-va- existing structures as set forth in tion, management and protection of the certification and formal accept- lands held or owned by the State, of ance thereof. Such certification Florida. and acceptance thereof shall consti- Specific Authority: 253.03(7), tute a permit for the conduct of the 403.805, F.S. Law Implemented",,- activity as described and in the 253-03, 253.123, 253.124, 403.811@, manner set forth therein. F.S. History: New 10-26-75, (2) The procedures in this sec- Amended 7-19-77, 2-18-79, 3-11 tion shall supersede other depart- 7-8-82, 3-15-84, 10-16-84. mental procedural rules when in conflict; however, no provision of 17-4.30 All Other Permitsl'@ All this section shall supersede any other permits required under-'this air, noise, or water quality stan- Chapter must he obtained put-suafli.'t to dard extant or adopted in the future 17-4-@2'0(7) 17-4.32(2) 12-19-84 3 4 2 DER1984 PERMITS 17-4 by the Department. The procedures 253, or 403, Florida Statutes, and in this section shall not preclude all rules promulgated thereunder. the Department f rom conducting (d) "Department" means the investigations for compliance with State of Florida Department of the certification and formal accept- Environmental Regulation. ance, for compliance with the stat- (e) "DOT" means the State of utes, rules or standards pertaining Florida Department of Transporta- to environmental control and protec- tion. tion, or from taking all necessary (f) "Maintenance" means the enforcement action pertaining to upkeep of existing structures by violatons found to exist. Activities repairing and restoring deteriorated not having specific procedures. set components to original design speci- forth in this section shall be gov- fications. erned by other applicable sections (g) "Repair" means to restore, of this code. to replace or to mend a deteriorated (3) Definitions. component of an existing structure. (a) "Acceptance" is the formal (h) "Replacement" means the written acknowledgement by the substitution within the same right- Department that a certification by of-way of a new structure similar in the Department of Transportation size, general configuration, and me 'ets the requirements of this purpose for an existing structure. section and Sections 253.126(l) and (i) "Structures" mean road, 403.061(4), Florida Statutes. bridges, tunnels, causeways, ap- (b) "Activity'! is any dredgingA, proaches, culverts, toll houses and filling or construction for which a gates, and all other similarly fixed permit is required involving the facilities used in connection with maintenance, repair, or replacement the state transportation system. of existing structures in, on, or 0) "Water Quality Certifica- over waters of the state, including, tion" is that certification from the but not limited to, excavation of Department attesting that a proposed material from waters of the state, activity, the conduct of which re- the deposition of fill material in quires a federal license or permit, waters of the state, or the physical will not violate water quality alteration of any existing struc- standards established in compliance ture, when the act of alteration with Sections 301, 302, 303, 306 or the altered structure may reason- and 307 of PL 92-500, as amended by ably be expected to be a source of PL 95-217. pollution. W Certification for Con- (c) Certification" is the struction, Dredging or Filling formal written statement, including Activities. such supporting data and exhibits (a) The certification shall required by this section, made by include, but not he limited to, the the Department of Transportation following items: that a given activity or class of 1. Accurate, brief statement or activities to be performed by DOT, description of the activity(ies) to or to be performed by a person under which the certification applies. contract , to DOT, will meet all 2. Typical drawings (plan, sec- requirements imposed by Chapters tion, elevation) of the structural 17-4.32(2) -- 17-4.32(4)(a)2. 12-19-84 3 4 3 DER1984 PERMITS features of the activity being cer- the- public interest. The statement tified. of environmental controls, special 3. Statement of the geogra'phi- conditions, or self-monitoring pro- cal or geophysical limits the c'erti- grams shall include a discussion of fication. The certification ' may how the controls, conditions or apply statewide, be limited _t6 a programs will be employed by DOT political sub-unit of the state or to provide for the intended environ- a particular DOT district, or* ,be mental protection. limited to a particular physical 7. Statement that all known geographic feature, such as a par- applicable local, State and federal ticular water body or group of w;i te r authorizations, including, but not bodies, or associated ' transition limited to, approvals, permits, zones. easements, or deeds required by law, 4. Statement of dimensional will be obtained by DOT before any limits (areal and volumetric) of 'the work pursuant to the certifications certification. The certification take place. shall establish limits for iquanti- 8. Statement setting forth the ties of material dredged or filled, type of public notice which will be if applicable, and shall designate given by DOT for each individual quantities filled or removed wat 'er- project which is, or will be, con- ward of the approximate line 6f'mean ducted pursuant to the certification high water/ordinary high water, and and acceptance, the method by which quantities filled or removed A:and- the public may comment on the in- ward of the approximate line of ' mean tended project, and the provisft high water/ordinary high water-; " .,and made hy DOT to assure the publidw waterward of the landward extei'nt of rights afforded by Chapter 120, F.S. waters of the state. (b) The certification shall he 5. Statement, and supporting filed with the Department's Tallaha- data where necessary, of the envi- ssee off ice. Upon, receipt, the ronmental impacts. The statement Department shall process the certi- shall address the impacts of indi- fication for acceptance in accor- vidual components of the proposed dance with subsection (5) of this projects, the impacts of cumulative section. or total project, the short-term "'or (c) Compliance with the certi- construction related impacts of fication as officially accepted by proposed project, and the long-.term the Department shall he in accor- or operational impacts of the pro- dance with subsection (8) of this posed project. section. 6. Statement of environrfiental (5) Acceptance of Certification controls, special conditions,,,: or for Construction, Dredging or Fill- self-monitoring programs whicK -are ing Activities. proposed by DOT as being adeqUate to (a) Within thirty (30) days of provide reasonable assurance to, the receipt by the Department of a Department that State water -@ a.lity certification, the Department shall standards will not be vialafed-. and notify DOT whether Departmental that marine or aquatic hatural authorization for the proposed ac- resources will not be impacte-d- to tivity(ies) is required. If Depart- such an extent as to be contrAry to mental authorization is required, 17-4.32(.4)(a)2. 17-4.32(5)(a) 12-19-84 3 4 4 DER1984 PERMITS 17-4 the Department shall notify, DOT final action shall be made by the of any apparent errors or omissions Secretary and shall he a final order in the certification, and request of denial or a formal order of any additional information the De- acceptance of certification. partment is authorized by law to (d) Departmental acceptance of require. DOT certification shall constitute (b) Within thirty (30) days of Water Quality Certification under receipt of the certification or PL 92-500 as amended by PL 95-217, within thirty (30) days of th e where appl Iicable. The Departme nt receipt of all timely requested shall state in the formal acceptance material specified in paragraph (a) document, if appropriate, that Water of this subsection, the Department Quality Certification is in effect shall publish a public notice of until such time as the acceptance is intent to accept, deny or accept no longer valid. with conditions of the certifica- (e) Departmental acceptance of tion. a certification shall be, in effect 1. The public notice shall until it is suspended, revoked, or request public comment within thirty abandoned, unless otherwise speci- (30) days of publication and shall fied by the Department in the formal give notice -of how the public may acceptance. In no case will an request a public hearing pursuant to acceptance be valid for more than Chapter 120, F.S. five (5) years. 2. The public notice shall be (6) Recertification. published one time in the Florida (a) If recertification of an Administrative Weekly, mailed to all activity is desired, DOT shall sub- persons who have requested notifica- mit to the Department: tion, and posted in all Departmental 1. Statements and supporting and DOT district, subdistrict and documents described in subsection branch offices. For the purpose of (4)(a) of this section; and ensuring adequate public notice, the 2. A listing of all projects Department shall compile and main- constructed under the previous tain a master mailing list of those certification; and persons requesting notice of the 3. A listing of all violations filing of a certification with the cited including the date of the Department. violation and the corrective action 3. A request for a public taken, if any; and hearing pursuant to Section 120.57, 4. A statement of any modifi- F'.S., shall be forwarded to the cations proposed, including the Office of General. Counsel for dis- reasons therefor and supporting position and all further proceedings documents as necessary. shall be handled by t1hat office in (b) The Department shall pro- accordance with Chapter 120, F.S. cess the recertification in accor- (c) Within thirty (30) days dance with subsection (5) of this after the close of the commenting section. period set forth in the public (7) Limitations. No certifi- notice when no public hearing has cation shall be accepted where the been requested, the Department shall activity being certified is express- take final agency action as indicat- ly prohibited by statute or by rule ed in the notice of intent. Such of the Department. 17-4.32(5)(a) -- 17-A.32(7) 12-19-84 34 5 DIER11984 PERMITS 17-4 18) Compliance. this section shall preclude loe (a) It shall be the responsi- Department from taking enforcement bility of DOT to ensure that,-all action as provided for in Chapter conditions of the certification are 403, Florida Statutes, against DOT met. or any DOT contractor who commits a (b) In the event of a violation violation. of water quality standards, c'e-r t i - (10) Surveillance. Duly au- fication conditions or any other thorized representatives of the requirements associated with 'Ahe Department shall be allowed, upon activity certified, DOT and -any presentation of the appropriate person under contract to DOT for.the credentials, to inspect at reason- conduct of the certified activity able times any project embodying shall notify the appropriate Depart- activities for which certification ment District Manager. has been accepted. The inspection 1. Such notification shal'I' be shall be for the purpose 'of ascer- made immediately by telephone I wi th taining compliance with the certi- a written report to be filed 'Within fication, the laws, the rules and five (5) days of the verbal report. regulations of the Department. 2. The written notifi@cation (11) Modification of Certifi- shall -specify the cause of -, the cation. DOT or the Department may violation and the corrective -actions institute proceedings to modify a taken by DOT or the contrakf6r to certification. achieve compliance with the certifi- (a) DOT may commence modifi- cation and acceptance or with 'water cation proceedings by filing a quality standards. request including the items Ii (c) Upon discovery of a 'Vi6la- in subsection (5) and a state* tion associated with a certified as to why the modification is re- activity, that portion of the proj- quested. The Department shall pro- ect causing or contributing to the cess the request as set forth in violation shall be halted by' DOT subsection (6). and the contractor until such-A 'ime (h) The Department may insti- as corrective action assures com- tute modification proceedings by pliance with the certification and issuing a notice of intent and acceptance or the standards. This offering an opportunity for hearing requirement for suspension of opera- pursuant to Chapter 17-1, Florida tions shall apply only to the proj- Administrative Code, and Chapter ect, or portion thereof, in , viola- 120, Florida Statutes. tion. It shall not apply to....the 1. Such notice of intent, sent entire class of activities ..being by certif ied mail, shall contain conducted under the particular the basis or grounds upon which certification and acceptance. the modification is sought and the (d) In addition to corr,6c.tive extent to which the modification action, DOT shall institute, 'Where will change the certification and necessary, restoration of fhie' "af- acceptance. fected area, including area's' beyond 2. DOT shall be afforded the the project limits if dalibb�-ecl by opportunity to dispute the modifi- activities authorized by thit ki'le, cation and to present evidence to (9) Enforcement. Ndthifig in substantiate continuation of the 17-4.Si(Q) 17-4-32(11)(b)2. 12-19-84 346 DER1984 PERMITS 17-4 certification and acceptance until and acceptance have been corrected. the expiration date on the accep- (12) Revocation of Acceptance tance. of Certification. If the Department (c) Modification of the cer- concludes that remedial and correc- tification and acceptance may be tive actions, including modification sought by the Department for good of the certification and acceptance, cause. set forth in this section have 1. To conform to new or addi- proven insufficient to protect water tidnal conditions resulting from quality and marine or natural re- changes in, water quality standards sources, a notice of intent to adopted pursuant to Chapter 120, revoke acceptance of certification F.S., or any of the reasons set shall be issued, following the forth in Section 17-4.08, F.A.C.; procedures of Chapter 120, Florida or Statutes. 2. To remove a geographic por- (a) The Department shall main- tion from a statewide certification tain a log or listing of violations when it is demonstrated that com- reported by DOT or the contractor pliance with the certification and and/or cited by the Department in acceptance is not sufficient pro- enforcement actions. The log shall tection for- the water quality or include a description of the viola- marine and natural resources of the tions, the date of the violation, specific area; or the site at which the violation 3. To remove a particular DOT took place; and the action taken district from a statewide certifi- by the Department or DOT to ensure cation and acceptance when it is compliance. demonstrated through documented vio- (b) The cumulative list of lations that the particular district violations or a particularly severe has a pattern of non-compliance violation in one instance may be with the terms of certification used as evidence in the revocation and acceptance; or proceedings. 4. To ameliorate a condition (c) Grounds for revocation of for which certification and accep- an acceptance shall be the same as tance is not sufficient to provide those for permits as set forth in adequate environmental protection. Section 403.087, Florida Statutes. (d) The modified certification Specific Authority: 253.031(7), and acceptance, if issued, . shall 403.061, 403.805, F.S. Law contain a statement setting forth Implemented: 253.123, 253.124, a reasonable period of time for 253.126(l)(2), 403.061(14)(a)(b), compliance. 403.087, 403.088, 403.802, 403.813, 1 (e) If the modification con- F.S. History: New 7-12-79, Amended si''sts of removing a particular DOT 3-11-81. district from a state-wide certifi- cation and acceptance, the district removed shall not be reinstated for at least a twelve-month period following removal and shall not be reinstated until DOT demonstrates affirmatively that the conditions 12-19-84 17-4.32(11)(b)2. 17-4.32(History) 3 4 7 DER1984 PERMITS 17-4 PART III receipt requested. Persons wishing to use a general permit are hereby 17-4.51 Scope of Part III. This placed on notice that projects un- part defines general permits, sets dertaken without proof of notice to forth the general and specific con- the Department shall be considered ditions of each general, permit, and as being undertaken without a permit establishes the procedures for per- and subject to enforcement pursuant sons who may wish to use a general to Section 403.161, F.S. permit. (2) A proposed project which Specific Authority: 403.814(l), F.S. may be reasonably expected to vio- Law Implemented: 253.123, 253.124, late air, water quality, or drinking 403.061, 403.087, 403.088, 403.814, water standards or be contrary to 403.702-403.73, 403.851-403.864, the public interest as set forth in F.'S. History: New 7-8-82. Chapter 253, F.S., shall not be granted use of a general permit. 17-4.52 Definition. A general (3) There shall be no fee re- permit is a permit issued by rule of quired for notices requesting the the Department pursuant to Section use of a general permit. 403.814(l), Florida Statutes, to (4) No project which is located undertake certain activities which in the Biscayne Bay Aquatic Preserve cause minimal adverse environmental is eligible for a general permit impact when performed in accordance pursuant to Section 258.165, F.S. with specific requirements and prac- (5) Suspension or revocation of tices. the use of a general permit shall be Specific Authority: 403.814(l), F.S. in accordance with Chapter 120, F.S. Law Implemented: 253.123, 253.124, Good cause for the suspension or 403.061, 403.087, 403.088, 403.814, revocation shall include: 403.702-403.73, 403.851-403.864, (a) Submission of false or F@S. History: New 7-8-82. inaccurate information in the notification for use of a general 17-4.S3 Procedures. permit or in the required reports; (1) Persons wishing to use one (b) Violation of law, Depart- or more of the general permits set ment orders, rules or permit condi- forth in this Part shall, at least tions; 30. days before commencing work, (c) Refusal of lawful inspec- notify the Department in writing or tion under Section 403.091, F.S.; on forms adopted by the department or describing the proposed project (d) Any other act on the part and including supporting documents of the permittee in the use of the depicting the proposed project, the general permit which results or may location, and other pertinent infor- result in harm or injury to human mation as required by this Part to health or welfare; to cause harm or' demonstrate qualification for the injury to animal, plant or aquatic requested general permit. Persons life, or to cause harm or injury to wishing to use a general permit property. shall notify the appropriate dis- (6) Unless otherwise required trict or subdistrict office of the below as part of a specific cate- Department by certified mail, return gory of general permit, persons 17-4.51 17-4.53(6) 12-19-84 3 4 8 DER1984 PERMITS 17-4 qualifying for the use of a general exclusive privileges. I t does not permit are not required to' but may authorize any injury to public or publish in a newspaper of general private property nor any invasion of circulation in the area affecteci by personal rights. It does not autho- the proposed project a notice of rize any infringement of federal, intent to use a general permit. The state or local laws or regulations. notice, if published, shall f&llow It does not obviate the necessity substantially ' the format in . Fla. for obtaining any other federal, Admin. Code Rule 17-1.62 and gh *all state or local permits that may be published within 14 days of the he required or operate to allow date when the department rec6iVes the permittee to violate any more notification pursuant to ' Rule stringent standards established by 17-4.530). No person who has pub- federal or local law. lishod notice shall begin work un 'til (4) The general permit does not after the 21 days for requestin,@ a relieve the permittee from liability hearing has passed or a hearing-%is and the penalties therefore when the held and'a decision is render6d.,-, construction or operation of the Specific Authority: 403.814(l), permitted activity causes harm or F.S. Law Implemented: 253.113,,- injury to human health or welfare; 253.124, 258.165, 403.061, 403 .08,7, causes harm or injury to animal, 403.088, 403.702-403.73, 403.&14,: plant or aquatic life; or causes [email protected], F.S. Histar@F--,,, harm or injury to property. It does New 7-8-82, Amended 6-16-84. not allow the permittee to cause pollution in contravention of FI - 17-4.54 General conditwni'for ida Statutes and Department rule All General Permits. (5) The general permit convoe (1) The terms, condifion's, no title to land or water, nor does requirements, limitations, and it constitute State recognition or restrictions set forth in this. Part acknowledgement of title. It does are "general and specific permit not constitute authority for recla- conditions" and are binding Upon mation of submerged lands. Only the the permittee. The conditions are Board of Trustees of the Internal enforceable under Chapter 403, F.S. Improvement Trust Fund may express (2) The general permit is-7valid State opinion as to title. on! for the specific activity indi- (6) No general permit shall cated. Any deviation from the speci- authorize the use of state owned fied activity and the conditions. for land without the prior consent of undertaking that activity shall'con- the Board of Trustees of the Inter- stitute a violation of the p4r[n'it. nal Improvement Trust Fund pursuant The permittee is placed on notice to Section 253.77, F.S. that violation of the permit may re- (7) The general permit may be sult in suspension or revocAtiott of modified, suspended or revoked in the permittees use of the �eneral accordance with Chapter 120, Florida permit and may result in hi9flWition Statutes, if the Secretary deter- of legal proceedings as the Depart- mines that there has been a viola- ment may consider appropHst-e-.- tion of any of the terms or condi- (3) The general permit dbes not tions of the permit; there has been convey any vested rights "br any a violation of state water quality 17-4"'."53(6) 17-4.54(7) 12-19-84 349 DER1994 PERMITS 17-4 standards or state air quality stan- the department pursuant to Rule dards; or the permittee has submit- 17-4.53(l). ted false, incomplete or inaccurate Specific Authority: 403.814(l), data or information. F.S. Law Implemented: 253.123, (8) The general permit shall 253.124, 403.061, 403.087, 403.088, not be transferred to a third party 403.702-403.73, 403.814, 403.851- except pursuant to Fla. Admin. Code 403.864, F.S. History: New 7-8-82. Rule 17-4.12. r (9) The general permit autho- 17-4.55 General Permit to U.S. rizes construction and where appli- Forest Service for Minor Works with- cable operation of the permitted in National Forests in Florida. facility. However, the permittee (1) A general permit is hereby shall give notice of continued use granted to the U.S. Forest Service of a general permit thirty (30) to conduct the works described days before the expiration of this below: permit. (a) Culvert placement, replace- (10) The permittee agrees in ment, and maintenance in streams of accepting the general permit to make less than fifteen (15) cubic feet every reasonable effort to conduct per second average discharge at the the specific- activity or construc- culvert location or draining less tion authorized by the general per- than 5,000 acres in the Apalachicola mit in a manner that will minimize National Forest, 10,000 acres in the any adverse impact on the adjacent Osceola National Forest, and 7,500 property or public use of the adja- acres in the Ocala National Forest, cent property, where applicable, and except for culverts associated with on the environment, including fish, low water crossings. wildlife, natural resources of the (b) B ridge construction, area, water quality or air quality. replacement and maintenance for 1 (11) The permittee agrees in structures up to 400 feet in length accepting the general permit to and two lanes or less in width, allow a duly authorized representa- pursuant to the restrictions listed tive of the Department access to the in Section 403.813(2)(1), F.S.; permitted facility or activity at (c) Construction and mainte- reasonable times for the purpose of nance of low-water crossings (hard i nspection and testing to determine surface crossings over which water compliance with the permit and the flows during storm events or imme- department rules. diately thereafter) ; (12) The permittee agrees to (d) Bathing beach restoration maintain any permitted facility, at developed recreation sites where or activity in good condition and maintenance dredging is less than in accordance with the plans sub- 100 cubic yards per year and less mitted to the department under Rule than 100 cubic yards per single 17-4-53(l). occurrence; 1 (13) A permittee's use of (e) Dock construction, replace- a general permi t is li mi ted to ment and maintenance for docks of up five (5) years. However, the per- to 1000 square feet of over water mittee may request continued use surface area, in Outstanding Florida of the general permit b y notifying Waters subject to restrictions 17-4.54(7) 17-4.55(l)(e) 12-19-84 3 5 0 DER-1984 PERMITS 17-4 listed in Section 403-813(2)(b) arid of fifteen (15) cubic feet per sec- (d), F.S.; ond or less. The length of relocated (f) Temporary stream channe'l channels or those significantly diversions necessary to complete altered shall be limited to 200 feet projects detailed in paragraph !a), per stream. A stream channel shall (b) and (c) of this rule; he altered only when such a measure (g) Channel clearing and sh@ap- will reduce the long term adverse ing to facilitate maximum hydraulic water quality impacts and will main- efficiency of designed structuees tain or restore the stream's natural detailed in paragraphs (a), (h), and hydraulic capability. (c) of this rule. (f) The U.S. Forest Service or (2) This general permif- is its contractors shall limit, bridge subject to the general conditions construction to those bridges span- of Rule 17-4.54 and the following ning bank to bank with no causeway specific conditions: approaches in the flood plain. This (a) The U.S. Forest Service limitation does not apply to main- shall submit to the appropriate tenance of existing bridges. DER district office. once a ye-ar.-.a Specific Authority: 403.814(l), F.S. schedule including location, typical Law Implemented: 253.123, 253.124, drawings and approximate commence- 403.061, 403.087, 403.088, 403.813, ment date for the activities pt-apned 403.814, 403.817, F.S. History: for that year. New 7-8-82. (b) The U.S. Forest Service or its contractors shall follow 'Best 17-4.56 General Permit to Management Practices pursuant . 'to Florida Game and Fresh Water Fio Section 208 of Public Law 95-217- dind Commission for use of Rotenone. detailed in the Silviculture ..Best (1) A general permit is hereby Management Practices Manual, puh- granted to the Florida Game and lished by the Florida Division of Fresh Water Fish Commission to use Forestry, Department of Agriculture rotenone in conducting tests related and Consumer Services, and refer- to its responsibilities regarding enced in Rule 17-25.030)(a). fish management. (c) The U.S. Forest Service or (2) This general permit is its contractors shall utilize appro- subject to the general conditions priate. turbidity control measures of Rule 17-4.54 and the following while actively dredging or filling specific conditions: within stream channels or springs. (a) The area being tested shall (d) The U.S. Forest Service or be the minimum area necessary for its contractors shall stabiliz&,- fill the test. areas and stream banks disturbqd by (b) The chemical selected shall the activity by revegetation except be used in a lesser strength than where the fill area is a bathing the"EPA approved label amounts where beach. If revegetation is tr@appro- the lesser strength is sufficient to priate, rip rap may be used, accomplish the test. At no time (e) The U.S. Forest Service or shall gr'eater strength than the its contractors shall limIA sti-eam label amount be used. channel relocation to those. streams (c) The chemical shall be used having an average annual discharge only under the direct on site 17-4.SS(l)(e) 17-4.S6(2)(c) 12-19-84 35 1 DER1984 PERMITS 17-4 supervision of a staff member of the spoil site which shall be located so Florida Game and Fresh Water Fish as to prevent the escape of spoil Commission. material into waters of the state; (d) The Florida Game and Fresh and Water Fish Commission shall notify (h) Maintenance dredging shall the appropriate Department district be limited to that amount of mate- office at least two (2) weeks prior rial necessary to restore the ramp to the test being conducted. The to its original configuration and notification shall include the area dimension; and in which the chemical will be used (i) The boat ramp shall not and the approximate length of time infringe upon the riparian rights of the test will be conducted. adjacent property owners; and Specific Authority: 403.814(l), F.S. (j) The permittee shall remit Law Implemented: 25.3.123, 253.124, to the Board of Trustees of the 403.061, 403.087, 403.088, F.S. Internal Improvement Trust Fund History: New 7-8-82. payment for material removed from sovereignty or state-owned lands in 17-4.57 General Permit for accordance with the schedule estab- Installation or Maintenance of Boat lished by the Board. Ramps. (2) This general permit shall (1) A general permit is hereby be subject to the general conditions granted to any person installing or in Rule 17-4.54 and the following maintaining a boat ramp; provided specific conditions: (a) This general permit shall (a) Turbidity curtains or apply to only those boat ramps not similar devices shall be utilized exempt from permitting pursuant to to prevent violation of state water Section 403.813(2)(c), F.S.: and quality standards. (b) No ramp shall be installed (b) The installation of a boat under this general permit unless ramp does not obligate the Depart- navigational access to the proposed ment to approve any subsequent ramp exists. request to. dredge for navigational (c) There shall be no filling access. other than the actual boat ramp Specific Authority: 403.814(l), F.S. surface; and Law Implemented: 253.123, 253.124, (d) There shall be no more than 403.061, 403.087, 403.088, 403.813, 25 cubic yards of. material removed 403.814, 403.817, F.S. History: for installation of the boat ramp New 7-8-82. surface; and (e) The installation or use of 17-4.58 General Permit for Rip the boat ramp shall not interfere Rap. with navigation in the water body; (1) A general permit is hereby and granted to any person installing (f) The above water level por- rip rap at the toe of an existing tio:n of the ramp shall he landward vertical seawall, provided of the mean or ordinary high water (a) The rip rap consists only line; and of natural boulders or clean con- (g) All spoil material shall be crete rubble six (6) inches to three deposited on self-contained upland (3) feet in diameter or in average 17-4-56(2)(c) 17-4.58(l)(a) 12-19-84 3 5 2 DER1984 PERMITS 17-4 dimensions; and headwalls and culverts associated (b) The slope of the rip: r ap with a stormwater discharge facil- is no steeper than 2H-1V and. -the ity; provided, horizontal distance is no more' -, t6n (a) A stormwater permit has eight (8) feet; and been granted to the permittee by the (c) There are no reinforcing Department or an entity on behalf of rods or other similar protrusions in the Department; and concrete rubble; and (b) The discharge from the (d) Neither the distancC%- -,nor stormwater system is to an artifi- the use of the rip rap interferes cial waterway; and with navigation or infringes --upon (c) The culvert shall not ex- the riparian rights of the adjait-ent tend waterward of the headwall; and property owners; and (d) The culvert and the head- (e) There is no filling'. or wall shall not extend more than one dredging associated with the place- (1) foot waterward of the existing ment of rip rap other than ther- rip shoreline. rap material itself. (2) This general permit shall (2) This general permit s'h,all be subject to the general conditions be subject to the general conditions in Rule 17-434 and the specific of Rule 17-4.54 and specific condi- conditions as follows: tions as follows: (a) Turbidity curtains or simi- (a) Turbidity curtains or", simi- lar devices shall be utilized where I'ar devices where appropriate.. shall appropriate to prevent violation of be utilized to prevent violation of state water quality standards; an@. state water quality standards; and (b) There shall he no b filling to obtain useable upi M (b) Installation of the struc- and ture does not obligate the Depart- to straighten an otherwise sinuous ment to approve any subsequent shoreline. request to dredge for navigational Specific Authority: 403.814(l), F.S. access; and Law Implemented: 253.123, 253.124, (c) There shall be no back- 403.061, 403.087, 403.088, 403.813, filling to obtain useable upland-.or 403.814, 403.817, F.S. History: to straighten an otherwise sinuous New 7-8-82. shoreline; and (d) There shall be no filling 17-4.60 General Permit for or backfilling to reclaim land'.Jost Wastewater Disposal System for by avulsion or erosion. a Laundromat. Specific Authority: 403.814(l), F.S. (1) A general permit is hereby Law Implemented: 253.123, 253:el,24, granted to any person constructing 403.061, 403.087, 403.088, 403.-813, or operating a wastewater disposal 403.814, 403.817, F.S. History: system for a laundromat, which has New 7-8-82. been designed in accordance with the standards and criteria set for in 17-4.59 General Permit NO, Odad- Fla. Admin. Code Rule 17-6.300 (1) (a) walls, and Culverts Associated , vilith 3.a. and b., provided, a Stormwater Discharge Fac" 11"t (a) -The design volume of flow (1) A general permit i's hi6ri eby is less than 10,000 gallons per day; granted to any person. to c6hstruct and 17-438(11)(a) 17-4.60(l)(a) 12-19-84 3 5 3 DER1984 PERMITS 17-4 (b) There is a screen filter (2) This general permit. is for coarse materials; and subject to the general conditions (c) There is a trickling fil- of Rule 17-4.54 and the following ter, sand filter and a drain field specific conditions: or' an alternate system which will (a) Within thirty (30) days of provide the required treatment; and completion of construction, the (d) A percolation test has been engineer of record shall certify to performed which demonstrates the the Department that the permitted reliability of the expected perfor- construction is complete and that mance of the system and is submitted it was done in accordance with the to the Department. plans submitted to the Department (2) This general permit shall except where minor deviation was be subject to the general conditions necessary. All deviations shall he of Rule 17-4.54 and the fo!lowing described in detail and the reasons specific conditions: . therefore enumerated. (a) Within thirty (30) days of (b) Monthly operating reports completion of construction, the shall be filed with the Department engineer of record shall certify to and the local pollution control the Department that the permitted office, where applicable, which con- construction-is complete and that it tain information on the volume, type was done in accordance with the and frequencies of waste being re- plans submitted to the Department ceived. Reports shall be submitted except where minor deviation was no later than the fifteenth day of necessary. All deviations shall be the succeeding month. described in detail and the reasons (c) No hazardous or infectious therefore enumerated. waste shall he accepted at the (b) There shall be no discharge transfer station. of dry cleaning materials. (d) This general permit does (c) This general permit does not relieve the permittee of the not relieve the permittee of the responsibility for obtaining a responsibility for obtaining a dredge and fill permit where it is dredge and fill permit where it is required. required. , Specific Authority: 403.814(l), F.S. Specific Authority: 403.814(l), F.S. Law Implemented: 403.061, 4034087, Law IMplemented: 403.061, 403.087, 403.088, 403.702-403.73, 403.814, 403.088, 403.814, F.S. History: F.S. History: New 7-8-82. New 7-8-82. 17-4.62 General Permit for 17-4.61 General Permit for Wastewater Collection Systems. Solid Waste Transfer Station. (1) A general permit is hereby (1) A general permit is hereby granted to any person for the con- granted to any person for the con- struction of a wastewater collection struction and operation of a solid syst em that has been designed in waste transfer station that has been accordance with the standards and designed or will be operated in, criteria set forth in Fla. Admin. accordance with the standards and Code Rule 17-6.050, provided that criteria set forth in Fla. Admin. (a) Notice to the Department Code Rule 17-7.091. under Rule 17-4.530) is submitted 17-4.60(l)(b) 17-4.62(l)(a) 12-19-84 3 5 4 DER1984 PERMITS 17-4 on Form 17-1.122(43); and has the capacity to provide the (b) The treatment facility 'is potable water supply required by not under a moratorium of any kind; this system and is in compliance and with the standards and criteria set (c) The treatment facility to forth in Rule 17-22 for the drinking which the system will be connected water system and the qLiality of has the capacity to receive' the water which it provides. wastewater generated by the proposed (2). This general p;ermit is collection system, and will continue subject to the general conditions to operate in compliance with Rule of Rule .17-4.54 and the following 17-6. specific conditions: (2) This general permit is (a) The permittee or his subject to the general @ conditions engineer of record shall 'file with of Rule 17-4.54 and the following the Department upon completion of specific conditions: the work a copy of the plans and (a) The permittee or his specifications for the system "as engineer of record shall file With built." the Department upon comph@lion 'of (b) Before the system may be the work a copy of the -plans and placed into service, a certification specifications for the system! "as of construction completion by the I-)Uilt." engineer of record and a copy of (b) This general permiR does satisfactory bacteriological results not -relieve the permittee of -- the pursuant to Rule 17-22.107(2) must responsibility for obtaining, a be submitted to the Department dredge and fill permit where it is designated county health unit a* required. letter of clearance he issued. Specific Authority: 403.814(1),@F.S. (c) This general permit does Law Implemented: 403.061, 403.087, not relieve the permittee of the 403.088, 403.814, F.S. History: responsibility for obtaining a New 7-8-82. dredge and fill permit where it is required 17-4.63 General Permit for the Specific @uthority: 403.814(l), Construction of an Extension to 'a F.S. Law Implemented: 373.016(3), Public Water Supply Distribution 373.046, 373.309(2), 403.852(12), System. 403.053(l)(3), 403.861(2), (1) A general permit is hereby 403.861(6)(8)(9), F.S. History: granted to any person for the con- New 7-8-82. struction of an extension to a pub- lic drinking water system that, -has 17-4.64 General Permit for Land been designed in accordance with the Application of Grade 11 Domestic standards and criteria set forth in Wastewater Treatment Sludge. Florida Administrative Code ..Rule (1) As a result of the poten- 17-22, provided that tial harm to human health or the (a) Notice to the De@@iffient environment resulting from sludge under Rule 17-4.53(l) is sfibmi'ittecl disposal activities, it is important on Form 17-1.122(43); and that public notice be given before a (b) The treatment 6riffliiy to general permit for such activities which the system will be 4ninniacted is utilized. Therefore, a general 17-4.6*2(l)(a) -- 17-4.64(l) 12-19-84 3 5 5 DER1984 PERMITS 17-4 .permit is hereby granted to any shall not exceed a total of 0.25 person for land application of Grade acres at any one location (project I I , domestic wastewater treatment site). The 1000 cubic yardage limi- sludge; provided: tation shall be separately applied (a) The person intending to ap- to excavation and deposition of ply the sludge to the land submits a material. completed General Permit Application (b) The widening of existing for Grade 11 Sludges, as specified bridges and bridge approaches to in Fla. Admin. Code Rule 17-7.60. accommodate widening of the roadway I (b) The permit applicant, with- where the excavation of material or in 14 days of notice to the depart- the deposition of material shall not ment, has published in a newspaper exceed 1000 cubic yards in waters of of general circulation in the area the state. The area from which affected, a notice of the intended material is excavated or to which land application of Grade 11 sludge. material is deposited shall not The notice shall include the name of exceed a total of 0.50 acres for any the applicant and a brief descrip- one location (project site). The tion of the proposed activity and 1000 cubic yardage limitation shall location. he separately applied to excavation (c) The sludge is land applied and deposition of material. I pursuant to the requirements of Fla. (c) Culvert placement, replace- Admin. Code Rule 17-7.54(5). ment and maintenance, in streams of (2) The general permit shall be less than 10 cubic feet per second subject to the general conditions of average discharge at the culvert Fla. Admin. Code Rule 17-4.54. location or streams draining less Specific Authority: 403.814, F.S. than 10 square miles, provided that Law Implemented: 403.061, 403.087, construction does not cause scour in 403.702, through 403.715, 403.814, the downstream waters or increase F. S. History: New 6-16-84. the velocity of the water downstream and the material excavated or depos- 17-4.65 (Reserved). ited as fill shall not exceed 1000 cubic yards in waters of the state. 17-4.66 General Permit to t1he (d) Bridge construction for Florida Department of Transportation structures up to 400 feet in length for Minor Works Within Existing and two lanes or less in width sup- FDOT Rights-of-Way or Easements. ported by pilings or trestles where (1) A general permit is hereby the effects of pollutants discharged granted to the Florida Department of into open waters can be minimized. Transportation to conduct the work (e)' Temporary stream channel described below: diversions necessary to complete .(a) The extension of existing projects detailed in paragraphs (c) culverts and crossing approaches to and (d) above, provided the area accommodate widening of the roadway used for the temporary diversion is where excavation or deposition of restored to its previous contours material shall not exceed 1000 cubic and elevations. yards in waters of the state. The M Channel clearing and shap- area from which material is excavat- ing to facilitate maximum hydraulic ed or to which material is deposited efficiency of designed structure 17-4.64(l) 17-4.66(l)(f) 12-19-84 3 5 6 DER1984 PERMITS 17-4 detai led in paragraphs (c) and- (A per stre@m. A stream channel shfa above. be altered only when such a measure (2) This general permit 'shall will reduce the long term adverse be subject to the general condi'tions water quality impacts and will main- of Section 17-4.54 and the following tain or restore the stream's natural specific conditions: hydraulic capability. (a) The permittee shalf use (f) The permittee shall limit Best Management Practices, including bridge construction to those bridges turbidity curtains or similar de- spanning bank to bank with no cause- vices, in strict adherence to the way approaches in the floodplain Florida Department of Transportation unless there are sufficient culverts Standard Specifications for Road in the causeway to prevent down- and Bridge Construction to prevent stream scour or increase in the violation of state water quality velocity of the water downstream. standards. 11 1 (g) The permittee shall limit (b) The fill areas and. the crossings of any particular stream banks of the water body shall-,@'be to an average of one every 1/2 mile. stabilized by vegetation or rip-rap (3) This general permit shall to prevent erosion as appropriate. not apply where the widening of the (c) Any area outside of the existing roadway will necessitate project area which is disturbed application for and receipt of a by the permitted construction- --ac- permit for stormwater discharge. tivities shall he restored 'to its Specific Authority: 403.814(l), F.S. pre-construction state, including Law Implemented: 253.123, 253.124 but not limited to re-contour-i-ng, 403.061, 403.087, 403.088, 403.8 revegetation, etc. 403.814, 403.817, F.S. History* (d) The permittee shall notify New 4-26-84. the appropriate department district office annually what specific proj- 17-4.67 General Permit for ects are planned for that year. Certain Silviculture Operations. Notification shall include location, (1) A general permit is hereby typical drawings and approximate granted to any person engaged in commencement dates. At the close silviculture operations to conduct of each year, the permittee shall the minor works described below: notify the appropriate department (a) Culvert placement, replace- office by letter which projects were ment and maintenance, in streams of completed, including any Projects less than 10 cubic feet per second which were substituted for a -listed average discharge at the culvert project, which are still undeif-, , qon- location or streams draining less struction and which will be inelUlded than 10 square miles, except for in future plans. culverts associated with low water (e) The permittee shall limit crossings, provided that construc- stream channel relocation to str.@ -ams tion does not cause scour in the which have an average annu-@'I-dis- downstream waters or increase the charge of 10 cubic feet per second velocity of the water downstream. or less. The length of relocated . (b) Bridge construction, re- channels or those siqnifi@antly placement and maintenance for struc- altered shall be limited to 20b,'feet tures up to 400 feet in length and 12-19-84 17-4.6-6 (i)(f) 17-4.67(l)(b) 5 7 DER1984 PERMITS 17-4 two lanes or less in width supported Best Management Practices pursuant by pilings or trestles where the to Section 208 of Public Law 95-217 effects of pollutants discharged and detailed in the Silviculture .into open waters can be minimized. Best Management Practices Manual, @ (c) Construction and mainte- published by the Florida Division of nance of low water crossings (hard Forestry, Department of Agriculture surface crossings over which water and Consumer Services, and refer- flows during storm events or immedi- enced in Fla. Admin. Code Rule ately thereafter) provided construc- 17-25.03(l)(a). tion does not cause scour in the (c) The permittee shall sta- downstream waters or increase the bilize fill areas and stream banks velocity of the water downstream. disturbed by the activity by revege- : (d) Temporary stream channel tation or. rip rap as appropriate. diversions necessary to complete (d) The permittee shall limit projects detailed in, paragraphs (a), stream channel relocation to streams (b), and (c) above, provided the which have an average Iannual dis- area used for the temporary diver- charge of 10 cubic feet per second sion is restored to its previous or less. The length of relocated contours and elevations. channels or those significantly (e) Channel clearing and shap- altered shall be limited to 200 feet ing to facilitate maximum hydraulic per stream. A stream channel shall efficiency of designed structure be altered only when such a measure detailed in paragraphs (a), (b), and will reduce the long term adverse (c), above. water quality impacts and will main- (f) Site preparation and access tain or restore the stream's natural roads on existing silviculture lands hydraulic capability. including any ditch constructed or (e) The permittee shall limit maintained with a total cross- bridge construction to those bridges sectional area at the outfall of spanning bank to bank with no cause- less than 35 square feet when a berm way approaches in the floodplain or buffer zone of vegetation sepa- unless there are sufficient culverts rates the site being prepared and in the causeway to prevent down- the open water. Where an access stream scour or increase in the road crosses open water, the cross- velocity of the water downstream. ing construction shall be in accor- This limitation does not apply to dance with paragraphs (a), (b), (c) , maintenance of existing bridges or (d), or (e) above. to the construction of temporary log (2) This general permit shall and pole bridges. be subject to the general conditions (f) The permittee shall limit of 5ection 17-4.54 and the following crossings of any particular stream specific conditions: to an average of one every 1/2 mile. I (a ') The permittee shall notify (3) This general permit does the. Division of Forestry, Department not apply to activities which con- of 'Agriculture and Consumer Ser- vert waters of the state to uplands vices, of the proposed project which by draining the land, site prepara- shall include the type of project tion or other practices designed to and the approximate location * bring an area not used for silvi- (b) The permittee shall use culture into such use. However, 17-4.67(l)(b) 17-4.67(3) 12-19-84 5 8 DER1984 PERMITS 17-4 it shall apply to activities, on with notice pursuant to Section areas lying fallow as part of a 17-4.53 demonstrating that the conventional rotational cycle of An bottom does not have grassbeds, or established silvicultural oper5tion. hardbottom or other corals; and An operation ceases to be establish- (b) There shall be no reefs ed when the area on which it was constructed in shallow bay or estu- conducted has been converted' -'to arine bottoms; and another use or has lain idle More (c) There shall be no "white than 3 years. goods", asphalt material, tires or Specific Authority: 403.814(l), @.S. other pollutant materials used in Law Implemented: 2S3.123, 253.124, construction of the reef; and 403.061, 403.087, 403.088, 403.'813-, (d) The site shall be marked 403.814, 403.817, F.S. History-.: with buoys to ensure that no mate- New 4-26-84. rial is deposited outside of the site; and 17-4.68 General Permit for@ the (e) The permittee shall notify Construction of Artificial Reefi; -, the National Ocean Service, National (1) A general permit is'libre-iby Oceanographic and Atmospheric Asso- granted to any person to construct ciation, U. S. Department of Com- an artificial reef, provided: merce, Rockville, Maryland, of the (a) The material to be 6sed precise location of the reef. shall he clean concrete or ro&,'.-or Specific Authority: 403.814(l), F.S. clean steel boat hulls; and Law Implemented: 253.123, 253.124, (b) The material shall be free 403.061, 403.087, 403.088, 403.816 of soils, oil and greases, debris, 403.814, 403.817, F.S. Hist litter, putrescible substances@ or New 4-26-84. other pollutants; and (c) The material shall he fi@m- 17-4.69 General Permit for ly anchored to the bottom and shall Certain Piers and Associated not be indiscrimately dumped; and Structures. (d) The material. shall* -be (1) A general permit is hereby placed so that the top of the reef granted to any person to construct does not exceed 1/2 the distance minor works as described below: from the bottom to the surface- of (a) Construction of private, the water unless a greater distance single-family piers where the pier: is required for safe navigation. -At 1. Does not accommodate the no time shall the distance between mooring of more than two water the top of the reef and the surface craf t; and of the water be less than 6 feet@.. 2. Does not, together with its (2) This general permit'., 'shall walkways and end "T" or "L", exceed be subject to the general condl.t.ipris 6 feet in width; and of Section 17-4.54 and the folloWing 3. Is constructed in waters or specific conditions: to waters -that are sufficiently deep (a) The permittee shall' K@uct to avoid bottom scour by vessel a survey of the bottomland on which operation, or by prop dredging. the reef is to he built 6i �hall (b) Construction of boat shel- submit the survey to the de@[email protected] ters associated with a pier where 12-19-84 17-4.67'.( 3) 17-4.69(l)(b) 359 DER1984 PERMITS 17-4 the, shelter has no walls or doors. 17-4.70 General Permit for (c) Construction of an exten- Certain Agricultural Operations. sion to an existing private, single- (1) A general permit is hereby family pier where the extension is granted to any person engaging in no more than 6 feet in width and is agricultural operations to conduct designed to enhance safety of boat minor works as described below: u se, to reach navigable water (a) Construction of a sump depths, or to accommodate a larger associated with flowing waters of boat. the state where the sump: (2) This general permit shall 1 . Is excavated at its lowest be subject to the general conditions point no deeper than 6 feet below of Section 17-4.54 and specific the existing surface elevation; and conditions as follows: 2. Is excavated with a minimum .(a) Construction shall not side slope of 2H:1V; and occur over submerged grassbeds. 3. Is fenced to prevent live- (b) There shall be no bait stock from entering the sump; and houses, storage shelters, sun decks, 4. Is used for irrigation of gazebos, screen porches, wet bars, agricultural products or for stock living quarters, or other non-water- watering when the water is trans- dependent structures over waters of ported from the sump to a watering the state or on the pier. trough or similar structure; and (c) The pier and its use shall 5. Is no more, than 1/2 acre in not interfere with navigation in the size; and water body. 6. Is excavated at or near the . (d) There shall be no dredging line demarcating the landward extent associated with pier construction of waters of the state; and other than that required for in- 7. Is not excavated in peat stallation of the pilings for soils; and the pier and mooring of the water 8. The natural vegetation is craft. retained surrounding the sump or any (e) There shall be no fish area of natural vegetation destroyed cleaning facilities, boat repair during construction of the sump is facilities or equipment and fueling revegetated to prevent erosion. facilities on the pier. (b) The construction of a water M The pier and its use shall control structure to withdraw or not infringe on the riparian rights discharge 10,000 gallons per minute of adjacent property owners and or less at the intersection of a shall be in accordance with the drainage or irrigation ditch and rules of the Division of State waters of the state provided the Lands, Department of Natural Re- linear distance of the ditch between sources when construction occurs on the structure and waters of the state-owned hottomland. state or any easement adjacent to Specific Authority: 403.814(1), F.S. waters of the state is 6 feet or Law Implemented: 253.123, 253.124, less. 401.061, 403.087, 403.088, 403.813, (c) Construction activities de- 403,.814, 403.817, F.S. History: scribed below: New 4-26-84. 1. Installation of culverts, 17-4.69(l)(b) 17-4.70(l)(01. 12-19-84 3 6 0 DER1984 PERMITS 117-4 including replacement or mainteriiince purposes of fish farming in the sup of the culverts, in streams of 'less or stormwater treatment. than 10 cubic feet per second aver- (b) The permittee shall use hay age discharge at the culvert foica- bales or other devices to' prevent tion provided that the instaltation erosion of soil, rock, or other does not cause scour in the down- materials during excavation of a stream waters or increase the sump. All excavated material shall velocity of the water downstream.. be placed on the upland in a manner 2. Bridge construction, includ- that will prevent its re-entry into ing replacement and maintenance.'of waters of the state. the bridge, for a structure Up, to (c) No more than three sumps 400 feet in length and two lanes -or may be constructed in each one mile less in width supported by pilin 'gs reach of the water body. or trestles where no dredging.' or (d) At no time shall the sump filling occurs in waters of 'the impound flowing waters of the state. state except for the installation .of (e) No fertilizers, pesticides, the pilings. herbicides or other chemicals shall 3. Construction and mainte ' nance be added or discharged into the of low water crossings (hard @$urface su mp. crossings over which water -flows (f) The permittee shall not during storm events or immediately obstruct navigation or otherwise thereaf ter) including the cql-@rerts interfere with the public use of necessary for maintaining the normal waters of the state. flow of water provided the strur. ,ture (g) Any pump which is installed does not cause scour -in the d6wn- as a part of a water control str stream waters or increase the ture shall be certified by 0 velocity of the water downstream- fessional engineer or shall have a 4. Temporary stream channel performance curve certified by a diversions necessary to complete the professional engineer on behalf of projects detailed in paragraph I., the manufacturer attesting to the 2., and 3. above, provided the area actual capacity of the pump. used for the temporary diversion is (h) When constructing the restored to its previous contours structures detailed in subsection and elevations. (1)(c), in addition to compliance 5. Channel clearing and shIping with paragraph (f) above, the per- to facilitate maximum hydraulic mittee shall: efficiency of designed structures 1. Stabilize fill areas and detailed in paragraphs 1., 2., stream banks disturbed by the con- 3. above. struction activity by revegetation (2) This general permit shall or rip rap as appropriate. be subject to the general condi'tions 2. Limit stream channel re- of Section 17-4.54 and the [email protected] location to streams which have an specific conditions: average annual discharge of 10 cubic (a) The permittee not feet per second or less. The length construct the sump for the pmrposes of relocated channels or those sig- of draining the area or of ch.ai@jing nificantly altered shall be limited the natural vegetation or- for-- the to 200 feet per stream. A stream 17-4.70(1)(.011. 17-4.70(2)(h)2. 12-19-84 361 DER1984 PERMITS 17-4 channel shall be altered only when such a measure will reduce the long term adverse water quality impacts and will maintain or restore the stream's natural hydraulic capabil- ity. 3. Limit bridge construction to those bridges spanning bank to bank with no causeway approaches in the floodplain. 1 4. Limit crossings of any particular stream to an average of one every 1/2, mile. (3) The use of this permit by any person for constructing a water control structure does not imply, grant or otherwise authorize pur- suant to Chapters 373 or 403, F.S. the withdrawal of water from or discharge of- water to waters of the state. Specific Authority: 403..814(1), F.S. Law Implemented: 253.123, 253.124, 403.061, 403.087, 403.088, 403.813, 403.814, 403.817, F.S. History: New 4-26-84. 17-4.70(2)(h)2. 17-4.70(History) 12-19-84 362 DER1994 WASTEWATER FACILITIES 17-6 CHAPTER 17-6 WASTEWATER FACILITIES PART I PART I DOMESTIC WASTEWATER FACILITIES DOMESTIC WASTEWATER FACILITIES Subpart A General 17-6.010 Authority, Intent and Subpart A General Policy. 17-6.010 Authority, Intent and 17-6.020 Exemptions. Policy. 17-6.030 Definitions. (1) Section 403.021(2), Florida Subpart B Design /Performance Statutes, as amended, the Florida . Considerations Air and Water Pollution Control Act, 17-6.040 General Technical Guidance. established that no wastes are to be 17-6.041 Low Pressure Sewer Systems. discharged to any waters of the 17-6.042 Septic Tank Systems. state without first being given the 17-6.050 Collection /Transmission degree of treatment necessary to Systems. protect the beneficial uses of such 17-6.060 Effluent Limitations. water. Toward this end, Sections 17-6.070 Treatment Plants. 403.085 and 403.086, Florida Stat- 17-6.080 Effluent Disposal. utes, set forth requirements for the 17-6.090 Sludge Management. treatment and disposal of domestic Subpart C Operation and Maintenance and industrial wastewater. Section 17-6.100 Collection /Transmission 403.051(3)(a), Florida Statutes, Systems. mandates that any department plan- 17-6.110 Treatment Plants and Efflu- ning, design, construction, modi- ent Disposal Systems. fication or operating standards, 17-6.120 Sludge Management. criteria, and requirements for 17-6.130 Abnormal Events. wastewater facilities be developed Subpart D Compliance as a rule or regulation. This chap- 17-6.140 Permits Required. ter is promulgated to implement the 17-6.150 Project Documentation. provisions and requirements of Sec- 17-6.160 Existing Facilities. tions 403.051, 403.085, 403.086, 17-6.170 Variations from Require- .403.087, 403.088, Florida Statutes, ments. concerning wastewater facilities. 17-6.180 Enforcement. (2) It is the policy of the department to encourage an appli- PART 11 cant, prior to submittal of a permit INDUSTRIAL WASTE application, to study and evaluate TREATMENT REQUIREMENTS wastewater treatment alternative 17-6.300 Effluent Limitations. techniques and to discuss alterna- 17-6.310 Phosphate Mining Waste tives with the department. Treatment Requirements. (a) The department encourages inclusion of relevant public health, PART III economic, scientific, energy, engi- WATER QUALITY-BASED neering and environmental considera- EFFLUENT LIMITATIONS tions in such evaliiiations. Each pro- 17-6-1400 Surface Waters. spective wastewater facility shall 17-6.500 Groundwaters. he assessed on an individual basis. 1-29-94 17-6.010(1) -- 17-6.010(2)(a) 363 DER 1984 WASTEWATER FACILITIES 17-6 (b) The department encourages altered such that the quality of environmentally acceptable alterna- effluent or reliability of such tives which provide the most econom- processes is affected. Where viola- ic and energy efficient methods of tions of permit conditions or water complying with the requirements of quality standards have occured, this chapter, and promote the bene- appropriate requirements in this ficial re-use of treated effluents chapter may be deemed applicable to and residuals. existing facilities by the Secretary (3) The Commission, recognizing or designee. Requirements for the complexity of water quality bringing existing facilities into management and the necessity to compliance are specified in Section temper regulatory actions with the 17-6.160. realities of technological progress (6) The requirements of this and social and economic well-being, chapter represent the specific re- nevertheless, intends to prohibit quirements of the Florida Department any discharge of pollution that con- of Environmental Regulation and of stitutes a hazard to human health. Local Pollution Control Programs (4) These rules shall be liber!r@ approved and established pursuant to ally construed to assure that all Section 403.182, F.S., where such waters of -the state shall be free authority has been. delegated to from components of wastewater dis- those programs. It may be necessary charges which, alone or in combina@ for wastewater facilities to conform tion with other substances, are with requirements of other agencies, acutely toxic; are present in con- established via interagency agree- centrations which are carcinogenic, ments (e.g., for mosquito control); mutagenic, or teratogenic to humans, the absence of reference to such animals, or aquatic species; or arrangements in this chapter does otherwise pose a serious threat not negate the need for compliance to the public health, safety, and with those requirements. welfare. (7) Pursuant to Section (5) This chapter provides for 403.1815, Florida Statutes, the exemptions, allowances for existing department may authorize a county or facilities, and variations from municipality to independently regu- requirements. Unless specifically late the construction of collection denoted otherwise, (e.g., denoted.-* system laterals, 10 inches or less as applicable to modifications of in diameter, which may be connected existing facilities), requirements to wastewater facilities owned by shall be applicable only to new the county or municipality and which domestic wastewater facilities for operate on a gravity flow principle. which construction permit applica- Such delegation does not negate the tions are approved by the department necessity for complying with the after the effective date of this applicable design standards contain- chapter. Generally, the applicabi'l- ed in this chapter. ity of requirements not denoted :as. Specific Authority: 403.061, affecting existing facilities shA 403.087, F.S. Law Implemented: be reviewed on a case-by-case bas7i's 403.021, 403.061, 403.062, 403-085, when such facilities are to be m6 iw@ 403.086, 403.087, 403.088, F.S. fied or if treatment processes are History: New 1-1-82. 1-29-84 17-6.010(2)(b) 17-6.010 (History) 3 6 4 DER 1984 WASTEWATER FACILITIES 17-6 17-6.020 Exemptions. in other rules of the department, The following sources are exempted unless such meaning would defeat the from the requirements of this Part: purposes or intent of Chapter 17-6. (1) Any domestic wastewater (1) "Absorption field" means a facility of a design capacity of drainfield, including the effluent 2,000 gallons per day average daily application /distribution system, flow, or less, which serves the intended for the treatment of waste- complete wastewater treatment and water or disposal of effluent. disposal needs of a single estab- (2) "Aquifer" means a geologi- lishment. cal formation, group of formations, (2) Septic tank drainfield or part of a formation (stratum) systems and other on-site sewage that is capable of yielding poten- systems with subsurface disposal of tially usable quantities of water a design capacity of 5,000 gallons from wells or springs. per day average daily flow, or less, (3) "Aquitard" means a geologi- which serve the complete wastewater cal formation or stratum, or arti- disposal needs of a single, estab- f icial barrier, of relatively low lishment, with the exception of permeability which will not transmit restaurant facilities with greater water fast enough to furnish an than 3,000 gallons per day average appreciable supply; confining zone. daily flow or those defined as (4) "Approved methods" means industrial facilities in this Part, sampling and laboratory testing and all commercial laundry facil- methods approved by the department, ities. as specified by Section 17-4.246, (3) Other means of individual FAC. waste treatment or disposal which (5) "Arithmetic mean" means the are otherwise subject to state value computed by dividing the sum regulation. of a set of terms by the number of (4) Any single individual ser- terms. vice connection from a single estab- (6) "Assimilative capacity" lishment to a pretreatment system, means the capacity of a body of wa- or any single individual gravity ter or soil-plant system to receive service connection, with no pre- wastewater effluents or sludges treatment, to a collection system without violating the provisions of sized and intended to serve such a Chapters 17-3, 17-4, 17-7, FAC, and structure. this chapter. Specific Authority- 403.061, (7) "Biochemical oxygen demand 403.087, F.S. Law Implemented: (BOD) 'I -means the quantity of oxygen 403.021, 403.061, 403.062, 403.085, utilized in the biochemical oxida- 403.086, 403.087, 403.088, F.S. tion of organic matter present in History: New 1-1-82, Amended water or wastewater, reported as a 5-31-82, 3-31-83. five-day value established as deter- mined using approved methods. 17-6.030 Definitions. (8) "Chloride" means the nega- Terms used in this Chapter shall tively charged chloride ion (CI-) have the meaning specified below. in water or wastewater, as determin- The meaning of any term not defined ed using approved methods. below may be taken from definitions (9) "Coastal waters" means all 1-29-84 17-6.020(l) 17-6.030(9) 36 5 DER 1984 WASTEWATER FACILITIES 17-6 estuarine, gulf, or ocean waters (18) "Disposal system" means which are not classified as open injection wel Is, effluent outfalls, ocean waters. subsurface drain systems, and other (10) "Collection /transmission facilities utilized for the release systems" means sewers, pipelinesr, of effluents into the environment. conduits, pumping stations, for6e (19) "District office" means mains, and all other facilities used the regional district offices of the for collection and transmission of department. wastewater from individual service (20) "Domestic wastewater" connections to facilities intended means wastewater derived principally for the purpose of providing treat- from dwellings, business buildings, ment prior to release to the envi@_ institutions, and the like; sanitary ronment. wastewater; sewage. Where wastewa- (11) "Collection system later- ter from sources other than typical al" means the furthermost hydrau:- domestic sources (e.g., industrial lically-upgradient sewer(s) to which sources) is combined and treated only individual service connection,5 with wastes from domestic sources, are made. Such sewers shall n6 the determination of whether or not longer be considered laterals when' the wastewater treatment plant is the upgradient manhole, clean-out, designated as "domestic" shall be or pumping appurtenance has one or made by the department considering more tributary sewers serving two -or any or all of the following: sludge more individual establishments. classification (currently in "re- (12) "Commission" means the En- served" status); whether wastewaters vironmental Regulation Commission.@ have been pretreated or contain (13) "Composite sample" means 4- constituents within 50-150%, by combination of individual samples of concentration, of typical domestic wastewater or effluent taken At wastewater; and whether the permit- selected intervals, generally hourly tee, when not required to provide or less for some specified time. more stringent or otherwise specific period, to minimize the effect of levels of treatment, can provide as- the variability of the individual surance of facility compliance with sample. domestic wastewater treatment stan- (14) "Conductivity" means the dards contained in this chapter. standardized numerical expression of (21) "Drinking water" means the ability of 'water or wastewater water satisfactory for drinking, to carry an electric current, At culinary, and other domestic pur- determined using approved methods. poses meeting the quality standards (15) "Department" means the' of the department, as contained in Department of Environmental Regu= Chapter 17-22, FAC; potable water. lation. (22) "Effluent", unless spe- (16) "Developed areas" means cifically stated otherwise, means areas in or adjacent to residential', treated wastewater flowing out of commercial, or residentially or com' the treatment plant. 7 mercially-zoned areas. (23) "Effluent limitation" (17) "Disinfection" means thZ means any restriction established by selective destruction of pathogen' the department on quantities, rates, in wastewater effluents and sludges'r. or concentrations of chemical, 1-29-84 17-6.030(9) -- 17-6.030(23) is 3 6 6 DER 1984 WASTEWATER FACILITIES 17-6 physical, biological, or other con- movements, its replenishment and stituents which are discharged from depletion, the properties of rocks sources into the environment of the that control groundwater movement state. and storage, and the methods of in- (24) "Establishment" means a vestigation and use of groundwater. housing, commercial, or institution- (31) "Individual service con- al development, including, but not nection" means the sewer which con- limited to, a place of business, nects the point(s) at which waste- assembly, or residence, whether mul- water leaves an establishment which tiple or single family. An estab- is its source and the point at which lishment will include all buildings, it enters a collection or pretreat- structures, mobile homes, and appur- ment system. tenant lands. (32) "Industrial wastewater" (25) "Fecal coliforms" means means wastewater not otherwise de- members of the coliform group capa- fined as domestic wastewater, in- ble of producing gas from lactose at cluding the runoff and leachate from 44.5*C, as determined using approved areas that receive pollutants asso- methods. ciated with industrial or commercial YO "Geometric mean" means storage, handling or processing. the n @oot of the product of n (33) "Land application" means numbers. the utilization or disposal of (27) "Grab sample" means a effluents or sludges on, above, or single sample of wastewater or into the surface of the ground effluent. through spray irrigation, land (28) "Groundwater" means water spreading, or other methods.. below the land surface in the zone (34) "Local program" means any .of saturation where water is at or county, municipality, or combination above atmospheric pressure. thereof that has established and (29) "Holding pond" means a administers a pollution control storage tank or artificial impound- program approved by the department ment or pond constructed above, on, in compliance with Section 403.182, below, or partly below the ground F.S., as amended. surface that is designed and main- (35) "Membrane filter (MF) tained to store a specific volume of method" means a method for the fluid and minimize fluid losses direct enumeration of specific other than those primarily occurring microorganisms resulting from the by evaporation; generally, holding passage of an appropriate volume ponds are not intended to provide a of water or wastewater through a mechanism for pollutant reduction. membrane filter that retains the When used in conjunction with rapid- microorganisms present in the sam- rate land application systems or ple, using approved methods. other systems described in Section (36) "Milligrams per liter 17-6.040(4)(q), holding ponds can (mg/011 means the quantity of mate- also provide a mechanism to accom- rial present in water or wastewater plish nitrogen reduction. expressed on the basis of the weight (30) "Hydrogeology" means the (milligrams) per unit volume of branch of hydrology that deals with solution (liter). groundwater, its occurrence and (37) "Milliliter (ml) 11 means 17-6.030(23) 17-6.030(37) 1-29-84 3 6 7 DER 1984 WASTEWATER FACILITIES 17-6 the metric unit of capacity equal to al Oceanic and Atmospheric Adminis- one thousandth of the volume of a tration Charts. liter. (46) "Operator" means any per- (38) "Modification" means any son , including the owner, in actual alteration, expansion, upgrade, charge of the operation, supervision extension, addition, or replacement and maintenance of a wastewater of an existing wastewater facility treatment or disposal system, or for which a construction permit is portion thereof, as certified in required from the department after accordance with Chapter 17-16, FAC. the effective, date of this chapter; (47) "Outfall" means the outlet modify. or structure through which effluent (39) "Monitoring well" means a is finally discharged to a receiving strategically located wel I from water. which groundwater levels are mea- (48) "Pathogens" means disease- sured and samples are withdrawn for producing organisms. water quality analysis. (49) "Percolation" means the (40) "Most probable number generally vertical movement of water (MPN) method" means a method for the. through soil or other unconsolidated detection and estimation of specifi& medium to the water table and to microorganisms in water or wastewa- lower aquifers where occurring. ter samples by the multiple fermen- (50) "Percolation pond" means tation tube technique, as cleterminedl an artificial impoundment similar to using approved methods. a holding pond for which the design (41) "NGVD" means National and operation provides for fluid Geodetic Vertical Datum. losses through percolation/ seepage (42) "Nitrate (NO 3) means in addition to evaporative losses. the nitrogen content present in (51) "Permittee" means the per- water or wastewater attributable to son or entity to which a permit for the nitrate (NO -) ion and ex- a wastewater facility is issued by pressed as elemenial nitrogen, N, as the department. The term "permittee" determined using approved methods. shall be functionally synonymous (43) "Nitrite (NO 2) means with the terms "owner" and "Ii- the nitrogen content present in censee", but shall not include li- water or wastewater attributable to censed individuals (e.g., operators) the nitrite (NO -) ion and ex- unless they are the person(s) to pressed as eleme@ial nitrogen, N, as whom a facility permit is issued by determined using approved methods. the department. The term shall (44) "Ocean outfall" means the extend to a permit "applicant" for outlet or structure through which purposes of this chapter. To the effluent is finally discharged to extent that this chapter imposes the marine environment which includ- duties with respect to the con- es the territorial sea, contiguous struction, operation, maintenance or. zone and the ocean. monitoring of a facility and for (45) "Openr ocean waters" means- reporting to or securing permits all surface waters extending seaward" from the department, ultimate re- from the most seaward natural 90- sponsibility lies with the owner of foot (15-fathom) isobath. ContoMr, the facility. Nevertheless, Chapter lines may be determined from Natiotvs7, 403, F.S., creates joint and several 17-6.030(37) 17-6.030(51) 3 6 8 DER 1984 WASTEWATER FACILITIES 17-6 liability for those responsible for (59) "Sludge" means the accumu- violations. lated solids, residues, and precip- (52) "PH" means the negative itates generated as a result of common logarithm of the hydrogen-ion wastewater treatment. Included are activity in moles per liter, as mixed liquids and solids pumped from determined using approved methods. septic tanks, grease traps, privies, (53) "Pollution" means the or similar waste disposal appurte- presence in the outdoor atmosphere nances. or waters of the state of any sub- (60) "Subsurface drain" means stances, contaminants, noise, or an underground conduit system (which man-made or man-induced alteration may include one or more vertical of the chemical, physical, biologi- water wells) made of various con- cal, or radiological integrity of struction materials (e.g., tile) air or water in quantities or levels installed to collect unconfined which are or may be potentially groundwaters and applied effluents, harmful or injurious to human health and provide conveyance to the or welfare, animal or plant life, treatment plant or discharge point; or property, including outdoor underdrain. recreation. (61) Surface water" means water (54) "Pretreatment" means the upon the surface of the earth, conditioning of wastes by the origi- whether contained in bounds created nator of the wastewater which is not naturally or artifically or diffus- exclusively of domestic origin, ed. Water from natural springs shall prior to introduction into the , col- be classified as surface water when lection system, to levels which the it exits from the spring onto the permittee has agreed in writing, so earth's surface. as not to interfere with compliance (62) "Technology -based effluent of the treatment facility with the limitation (TBELVI means a minimum requirements of this chapter or bin- waste treatment requirement, estab- der the disposal or use of sludge. lished by the department, based on (5S) "Secondary treatment" treatment technology. The minimum means wastewater treatment to a treatment requirements may be set at level that will achieve the effluent levels more stringent than that limitations specified in Part 1, which is necessary to meet water Section 17-6.0600)(a) of this quality standards of the receiving chapter. water body as set out specifically (56) "Secretary" means the Sec- in other sections of this rule. retary of the department. (63) "Total chlorine residual" (57) "Seepage" means the later- means the chlorine remaining in al and vertical interchange of water water or wastewater at the end of a between an unconfined aquifer and specific contact period as combined surface waters. . and free chlorine, measured analyti- (58) "Shallow water supply cally by approved methods as combin- well" means any potable water well ed chlorine residual. which pumps from an unconfined aqui- (64) "Total coliforms" means fer containing groundwaters of Class the group of bacteria, consisting G-11 quality, as defined by Chapter predominantly of Enterobacter, 17-3, FAC. Escherichia and Klebsiella, which 17-6.030(51) -- 17-6.030(64) 1-29-84 369 DER1984 WASTEWATER FACILITIES 17-6 are biochemically characterized as determined using approved methods. aerobic or facultative anaerobic, (71) "Treatment" means any gram-negative, non-sporeforming rod method, technique, or process which shaped bacteria that ferment lactose changes the physical, chemical, or with gas formation within 48 hours biological character or composition at 350C, as determined using approv- of wastewater and thereby reduces ed methods. its potential for polluting waters (65) "Total dissolved solids of the state. (TDS) " means the amount of dissolved (72) "Treatment plant" means constituents present in water or any plant or other works used for wastewater, usually expressed in the purpose of treating, stabiliz- milligrams per liter and analyzed as ing, or holding wastes. filtrable residue, as determined (73) "Turbidity" means a condi- using approved methods. tion in water or wastewater caused (66) "Total Kjeldahl nitrogen by the presence of suspended matter, (TKN)" means the sum of free ammonia resulting in the scattering and and organic nitrogen compounds in absorption of light rays, as deter- water or wastewater and expres 'sed as. mined using approved methods. elemental nitrogen, N, as determined' (74) "Type I facility" means a using approved methods. wastewater facility having a design (67) "Total nitrogen (T N) average daily flow of 500,000 gal- means the total content of the ni- lons per day or greater. trogen species of organic nitrogen, (75) "Type 11 facility" means a ammonia, nitrate and nitrite present wastewater facility having a design in water or wastewater and expressed average daily flow of 100,000 up to as elemental nitrogen, N, as deter- but not including 500,000 gallons mined using approved methods. per day. (68) "Total organic carbon (76) "Type III facility" means (TOC)" means the carbon content in a wastewater facility having a water or wastewater that is present design average daily flow of over in the form of organic material, as 2,000 up to but not including determined using approved methods. 100,000 gallons per day. (69) "Total phosphorus (TP)" (77) "Unconfined aquifer" means means the total phosphate content of an aquifer that has a water table. water or wastewater including all of (78) "Underground injection" the orthophosphates and condensed means effluent disposal by well phosphates, both soluble and in- injection into underground geologic soluble, and organic and inorganic formations. species and expressed as elemental (79) "Vector" means a carrier phosphorus, P, as determined using organism that is capable of trans- approved methods. mitting a pathogen from one organism (70) "Total suspended solids to another.. (TSS)II means solids that either (80) "Virus" means an ultra- float on the surface of, or are sus- microscopic, obligate, intracellu- pended in, water or wastewater; the. lar, parasitic pathogen consisting quantity of material removed from a, of a single type nucleic acid sample in a laboratory test referred (either RNA or DNA) and a protein to as nonfiltrable residue, a@s@ coat. 17-6.030(64) -- 17-6.030(80) 370 DER1994 WASTEWATER FACILITIES 17-6 (81) "Wastes" means sewage, upper surface of the zone of satu- industrial wastes, and all other ration where groundwater pressures liquid, gaseous, solid, radioactive, are equal to atmospheric pressure, or other substances which may pol- except where that surface is formed lute or tend to pollute any waters by an impermeable stratum. of the State. . (89) "Zone of mixing" means a (82) "Wastewater" means the volume of surface water containing combination of the liquid and water- the point or area of discharge and carried pollutants from residences, within which an opportunity for the commercial buildings, industrial mixture of wastes with receiving plants, and institutions together surface waters has been afforded; with any groundwater, surface runoff mixing zone. or leachate that may be present. Specific Authority: 403.061, (83) "Wastewater facilities" 403.087, F.S. Law Implemented: means any or all of the following: 403.021, 403.061, 403.062, 403.'085, the collection /transmission system, 403.086, 403.087, 403.088, F.S. the treatment plant, and the dis- History: New 1-1-82, Amended posal system. 5-31-82, 3-31-83, 1-29-84. (84).- "Waters" shall be as de- fined in Section 403.031(3), Florida Subpart B Design /Performance Statutes. Considerations (85) "Water hammer" means a dy- 17-6.040 General Technical namic pressure caused by the sudden Guidance. transformation of kinetic energy to (1) The technical standards and pressure energy when a liquid flow- criteria contained In the following ing full in a pipeline is abruptly standard manuals and technical pub- stopped. lications listed in (4) below and (86) "Water quality-based ef- those referenced throughout this fluent limitation (WQBEL)II means an chapter are hereby incorporated by effluent limitation, which may be reference and may- be applied, if more stringent than a technology- applicable, in determining whether based effluent limitation, that has permits to construct or modify been determined necessary by the domestic wastewater facilities shall department to ensure that water be issued or denied. However, the quality standards in a receiving standards and criteria adopted by body of water will not be violated. Subsection (4)(q) shall be followed (87) "Water quality standards" for land application systems. .are comprised of designated most (2) Deviations from the stan- beneficial uses (classification of dards and criteria contained in the waters), the numerical and narrative publications listed in (4) below may criteria applied to the specific be approved by the department pro- water use or classification, the vided that: Florida anti-degradation policy of (a) The engineer's report pro- Outstanding Florida Waters and the vides reasonable assurance that the moderating provisions contained in proposed design will provide collec- Chapters 17-3 and 17-4 of the Flor- tion, transmission, treatment and ida Administrative Code. disposal meeting the requirements of (88) "Water table" means the this rule; and either 17-6.030(81) -- 17-6.040(2)(a) 1-29-84 371 DER19" WASTEWATER FACILITIES.-, 17-6 (b) conforming with these stan- Absorption-Process Design Manual. dards cannot be done except at un- Environmental Research Information reasonably higher costs; or Center, Technology Transfer, U. S. (c) it is not technically fea- Environmental Protection Agency, sible to conform to these standards, 26 West St. Clair, Cincinnati, Ohio because of site conditions or incom- 45268. patibility with a proposed facility- (f) U. S. Environmental Protec- design employing new and innovative tion Agency, 1975. Suspended Solids techniques which assure compliance Removal-Process Design Manual. with the remainder of this chapter. Environmental Research Information (3) The department may require Center, Technology Transfer, U. S. deviation from the standards and Environmental Protection Agency, criteria contained in the publica- 26 West St. Clair, Cincinnati, Ohio tions listed in (4) below upon a 45268. finding that conformance to them (g) U. S. Environmental Protec- will not assure compliance with the tion Agency, 1974. Upgrading Exist- remainder of this chapter or other ing Wastewater Treatment Plants- rules of the department. Process Design Manual. Environmental (4) Standard Manuals and Publii-@ Research Information Center, Tech- cations nology Transfer, U. S. Environmen- (a) Water Pollution Control tal Protection Agency, 26 West Federation, 1977. Manual of [email protected] St. Clair, Cincinnati, Ohio 45268. No. 8. Wastewater Treatment Plant (h) U. S. Environmental Protec- Design. W.P.C.F., 2626 Pennsyl- tion Agency, 1974. Sulfide Control vania Avenue, N.W., Washington, in Sanitary Sewerage Systems-Process D. C. 200 '37. Design Manual. Environmental Re- (b) Water Pollution Control search Information Center, Technol- Federation, 1970 (fourth printing). ogy Transfer, U. S. Environmental Manual of Practice No. 9. Design Protection Agency, 26 West St& and Construction of Sanitary and Clair, Cincinnati, Ohio 45268. ,Storm Sewers. W.P.C.F.; 2626 Penn- 0) U. S. Environmental Protec- sylvania Avenue, N.W., Washington, tion, Agency, 1975. Nitrogen Control- D.C. 20037. Process Design Manual. Environmental (c) Great Lakes/Upper Missis@ Research Information Center, Tech- sippi River Board of State Sanitary nology Transfer, U. S. Environmen- Engineers, 1978edition. Recommended tal Protection Agency, 26 West Standards for Sewage Works. Health St. Clair, Cincinnati, Ohio 45268. Education Service, Inc., P. 0. Box (j) U. S. Environmental Protec- 7283, Albany, New York 12224. tion Agency, 1981. Land Treatment (d) U. S. Environmental Pro- of Municipal Wastewater-Process tection Agency, 1976. Phosphorus Design Manual. Environmental Re- Removal-Process Design Manual. search Information Center, Tech- Environmental Research Information nology Transfer, U.S. Environmen- Center, Technology Transfer, U. S,,, tal Protection Agency, 26 West Environmental Protection Agency,,,, St. Clair, Cincinnati, Ohio 45268. 26 West St. Clair, Cincinnati, Ohio,.@ W U. S. Environmental Pro- 45268. terction Agency, 1977. Wastewater (e) U. S. Environmental Pr@@- Treatment Facilities fo r Sewered tection Agency, 1973. Carbon, Small Municipalities-Process Design 1-29-84 17-6.040(2)(b) 17-6.040(4)(k) 3 7 2 DER 1984 WASTEWATER FACILITIES 17-6 Manual. Environmental Research In- (r) U. S. Department of Agri7 formation Center, Technology Trans- culture, Soil Conservation Service, fer, U. S. Environmental Protection 1973. Drainage of Agricultural Land. Agency, 26 West St. Clair, Cincin- Water Information Center, Inc., nati, Ohio 45268. 6800 Jericho Turnpike, Syosset, (1) U. S. Environmental Protec- New York 11791. tion Agency, 1979. Sludge Treatment (s) Florida Department of and Disposal-Process Design Manual. Transporation, 1979. Land Use, Environmental Research Information Cover, and Forms Classification Center, Technology Transfer, U. S. System-A Technical Manual. FDER Environmental Protection Agency, Office of Public Information, 2600 26 West St. Clair, Cincinnati, Ohio Blair Stone Road, Tallahassee, 45268. Florida 32301. (m) U. S. Environmental Protec- M U. S. Environmental Protec- tion Agency, 1974. Design Criteria tion Agency, 1976. Direct Environ- for Mechanical, Electric, and Fluid mental Factors at Municipal Wastewa- System and Component Reliability- ter Works-MCD-20. General Services MCD-05. General Services Adminis- Administration, Centralized Mailing tration, Centralized Mailing Lists Lists Services, Bldg. 41, Denver Services, Bldg. 41, Denver Federal Federal Center, Denver, Colorado Center, Denver, Colorado 80225. 80225. (n) U. S. Environmental Protec- (5) Members of the public may 'tion Agency, 1974. Protection of request and obtain copies of the Shellfish Waters-MCD-06. General publications listed in (4) above by Services Administration, Centralized contacting the appropriate publisher ,Mailing Lists Services, Bldg. 41, at the address indicated. Copies of Penver Federal Center, Denver, the above publications are on file Colorado 80225. with the Florida Secretary of State (o) U.S. Environmental Protec- and the Joint Administrative Proce- tion Agency, 1977. Procedures Man- dures Committee. Copies are also on ual for Groundwater Monitoring at file and available for review in the Solid Waste Disposal Facilities. department's Tallahassee offices Solid Waste I nformation, U. S. (including the Office of Public Environmental Protection Agency, Information) and in the department's Cincinnati, Ohio 45268. district, subdistrict, and branch (p) U. S. Environmental Protec- offices where they may be reviewed tion Agency, 1980. Design Manual- during normal business hours. Onsite Wastewater Treatment and Specific Authority: 403.061(7), F.S. Disposal Systems. Environmental Law Implemented: 403.061, 403.085, Research Information Center, Tech- 403.086, 403.087, 403.088, F.S. nology Transfer, U.S. Environmental History: New 6-24-80, Formerly Protection Agency 26 West St. Clair, 17-6.30, Renumbered and Amended Cincinnati, Ohio 45268. 1-1-82, Amended 5-31-82, 1-29-84. (q) Florida Department of Envi- ronmental Regulation, 1983. Land 17-6,041 Low Pressure Sewer Application of Domestic Wastewater Systems. Effluent in Florida. Office of The manual entitled Design and Public Information, 2600 Blair Stone Specification Guidelines fo r Low Road, Tallahassee, Florida 32301. Pressure Sewer Systems, June 1981, 1-29-84 17-6.040(4)(k) -- 17-6.041 3 7 3 DER1984 WASTEWATER FACILITIES 17-6 prepared by a Technical Advisory- applicant, the department will Committee for the State of Florida decide the acceptability, the scope Department of Environmental Regula- and extent of the low pressure sewer tion, is herein incorporated by system to be permitted. reference and shall be used in eval- Specific Authority: 403.061(7), F.S. uation of the design and construc-- Law Implemented: 403.061, 403.085, tion of low pressure sewer systems 403.086, 403.087, 403.088, F.S. in Florida. Approval of low pressure History: New 7-7-81. sewer systems as an alternative to conventional sewerage systems shall, be in accordance with the conditions 17-6.042 Septic Tank Systems. listed below, unless other special (1) The approval of septic tank circumstances justifying their use drainfield systems and other on-site are affirmatively demonstrated: waste treatment systems with sub- (1) Where total costs of con- surface disposal not exempted under ventional sewers would be excessive Subsection 17-6.020(2) shall be in because of: accordance with Sections 17-6.060 (a) high groundwater table; and 17-6.080(3),.F.A.C. (b) shallow bedrock; or (2) An applicant for a permit (c) unstable soil conditions; to construct a domestic waste treat- or ment system which is intended to (2) Where total costs of con- treat more than 5,000 gallons per ventional sewers would be excessive day average daily flow may be refer- because of: red to the Department of Health and (a) multiple lift stations; or Rehabilitative Services (DHRS) for (b) excessive depth of excava- regulation under Chapter IOD-6, tion due to nature of terrain; or F.A.C., when the layout and dis- (3) Costs of providing central- tribution of buildings and other ized sewage collection would be. structures on the property make it excessive in low density rural com- difficult or impossible to consoli- munities and in areas characterized date flows through a central waste by slow or unpredictable growth; or treatment facility, or when the (4) To provide environmentally waste flows are so intermittent as acceptable centralized sewage col- to prevent the proper operation of a lection systems in waterfront devel- waste treatment plant. Establish- opments and recreational areas where ments that may be referred to DHRS conventional gravity systems are pursuant to this subsection include, infeasible; or but are not limited to, campgrounds, (5) To provide immediate relief fish camps and parks. The Department to failing on-site disposal systems. may refer such an application only It will be the responsibility after obtaining the permission of of the applicant to evaluate all the applicant and the concurrence of potential alternative sewage col7- the appropriate county health unit lection systems and justify the, of DHRS. Prior to such referral, selection of the low pressure sewe@r the applicant shall withdraw any system based on engineering and. application already filed with economic considerations. B ased: on- the Department of Environmental the information furnished by 'th-e Regulation. 1-29-84 17-6.041 -- 17-6.042(2) 374 DER 1984 WASTEWATER FACILITIES 17-6 Specific Authority: 403.061, generating and pumping equipment 403.062, 403.081, 403.804, F.S. of the authority responsible for Law Implemented: 403.021, 403.061, operation and maintenance of the 403.086, 403.087, 403.088, F.S. collection /transmission system. History: New 7-31-83. (b) Pumping stations shall be protected from lightning and tran- 17-6.050 Collection /Transmission sient voltage surges. As a minimum, Systems. stations shall be equipped with (1) New collection /transmission lightning arrestors, surge capaci- systems and modifications of exist- tors or other similar protection ing systems for which construction devices, and phase protection. Small permits are required by the depart- pumping stations serving a single ment shall be designed: building may not be required to pro- (a) in accordance with the pro- vide surge protection devices where visions of Section 17-6.040; and it is demonstrated in the engineer- (b) to be located on public ing report that they are not neces- right-of-ways, land owned by the sary. Complex or critical pumping permittee, or easements; and stations shall be designed to incor- (c) 'to preclude the deliberate porate standby pumping capability, introduction of storm water runoff, power generation, and other appro- air conditioning system condensate priate features pursuant to Section water, closed system cooling water, 17-6.040 (4) (m) . and sources of uncontaminated waste- (c) New pumping stations shall water. be designed and located on the site (2) In addition to (1), above, so . as to minimize adverse effects .the following criteria shall, also resulting from odors, noise, and be incorporated, where applicable, lighting. All such design control into the design of new systems and measures shall be described in the ,modifications of existing systems, engineering report. The permittee unless denoted otherwise: shall give reasonable assurance that (a) Pump stations and lift the facility shall not cause odor, stations discharging through pipes noise or lighting in such amounts or '6 inches in diameter, or smaller, at such levels that they adversely shall be designed with a standard affect neighboring residents, in receptacle for connecting portable commercial or residential areas, so power generating equipment and a as to be potentially harmful or riser, with appropriate coupling injurious to human health or welfare device and valving, to the discharge or unreasonably interfere with the 'pipe in order to connect portable enjoyment of life or property, in- pumps (and appurtenances). Pump cluding outdoor recreation. Reason- stations and lift stations discharg- able assurance may be based on such ing through larger pipes shall have means as aeration, landscaping, suitable design features to provide treatment of vented gases, buffer reasonable assurances of uninter- zones owned or under the control of rupted flow. All pump station and the permittee, chemical additions, lift station reliability design fea- prech lori nation, ozonation, inno- .tures shall be compatible with the vative structural design or other available temporary service power similar techniques and methods, as 1-29-84 17-6.042 (History) 17-6.050(2)(c) 1 3 7 5 DER1984 WASTEWATER FACILITIES 17-6 may be required. inches between the invert of the up- (d) New pumping stations shall per pipe and the crown of the lower be enclosed with a fence or other- pipe. Where this minimum separation wise designed with appropriate fea- cannot be maintained, the crossing tures that discourage the entry of shall be arranged so that the sewer animals and unauthorized persons. pipe joints and water main joints (e) In areas with high water are equidistant from the point of tab-les, the pump station shall be crossing with no less than 10 feet designed to include measures to between any two joints. Alterna- withstand flotation forces when tively, the sewer main may be placed empty. The potential for damage or in a sleeve or encased in concrete interruption of operation because of to obtain the equivalent of the flooding shall be considered by the required 10-feet separation. permittee when siting new pumping (h) Where there is no alterna- stations at inland or coastal loca- tive to sewer pipes crossing over a tions. The electrical and mechanical water main, the criteria for minimum equipment shall be protected from" separation between lines and joints physical damage by the 100-year- in (g), above, shall be required. flood. The pumping station shall be. (i) Where a conflict in the designed ta remain fully operational routing of collection /transmission and accessible during the 25-year system lines, storm mains and water flood; lesser flood levels may be, mains requires that they intersect designed for, dependent on local* and no alternative routing is fea- conditions, but in no case shall sible, a conflict manhole shall be less than a 10-year flood be used. designed for the point of intersec- Design considerations (water surface tion. The design shall maintain the elevation, forces arising from water protective measures specified in (g) movement, etc.) shall be addressed and (h), above. In addition, special in the engineering report and shall provisions to provide reasonable be based upon available information; assurance that the integrity of all where site-specific information is systems involved shall be included unavailable, sound engineer 'ing prac- in the design and described in the tices shall be used in siting and engineering report. Such provisions design of pump station facilities. shall include but are not limited to (f) Branches of intersecting',-.- requiring that the design assures: force mains shall be.provided with 1. Manhole settling and differ- appropriate valves such that one ential settling between the pipes branch may be shut down for mainte- and the manhole will be minimized, nance and repair without interrupt- and ing the flow of other branches. 2. flexible, water-tight, wall- Stubouts on a force main, placed in to-pipe joints are capable of accom- anticipation of future connections, modating any remaining differential shall be equipped with a valve to settling or other potenflal. stress- allow such connections without es; and interruption of service. 3. sizing of the manhole shall (g) Sewers crossing under water, be sufficient to insure normal mains shall be laid to provide. q operation and maintenance of the minimum vertical distance of 19., manhole. 1-29-84 17-6.050(2)(c) 17-6.050(2)(i)3. 376 DER 1984 WASTEWATER FACILITIES 17-6 (j) Special protection shall be supporting, or supported by utility furnished for sewer lines crossing bridges or structures, shall be canals or other waterways subject to designed to maintain existing or maintenance dredging or where damage required navigational capabilities may occur from water craft anchorage within the waterway and to reserve so as to minimize the potential for the riparian 'rights of adjacent unintentional discharge of waste- property owners. water into surface waters. 4. Provisions for testing the 1. Subaqueous lines shall be integrity of underwater lines shall buried at least three feet below the be made and special pipe material design or actual bottom, whichever suitable for underwater construction is deeper, of a canal and other shall be used. dredged waterway or Ithe natural S. Lines shall be designed to bottom of streams, rivers, estu- incorporate valves or other flow aries, bays, and other natural water regulating devices (which may in- bodies. Designs with less than the clude pump stations) on the shore- three-foot minimum cover shall be line or at such distances from the protected by a concrete cap, sleeve, shoreline as may be approved by the or some other properly engineered department to prevent discharge in device to insure adequate protection the event the line is damaged. of the line; subaqueous crossings Specif ic Authority: 403.061, shall be designed to lie on the 403.087, F.S. Law Implemented: bottom of waterways only when the 403.021, 403.061, 403.062, 403.085, engineering report provides reason- 403.086, 403.087, 403.088, F.S. able assurance that, because of the History: New 1-1-82, Amended depth of the water or other circum- 5-31-82. stances, the pipeline shall be ade- quately protected from damage from 17-6.060 Effluent Limitations. natural occurrences or mankind's The waste treatment standards activities. contained in this section generally 2. Subaqueous crossings shall shall be met before discharge into be clearly marked by permanent holding ponds (if applicable), dis- warning signs placed on the banks of posal systems, or surface waters canals, streams, and rivers clearly classified pursuant to Chapter 17-3, identifying the nature and location FAC. Waste treatment, at a minimum, (including depths below design or shall consist of secondary treatment natural bottom) of the crossings. and, to the extent necessary, disin- Crossings of lakes, bays and other fection and pH control. Additional large bodies of water shall be levels of treatment (beyond second- similarly identified at the shore ary) may be required pursuant to and, with suitably fixed signs, in provisions contained in this section any area where anchoring may normal- as well as in Section 17-6.080. ly be expected. Signs shall have These design/ performance standards characteristics compatible with shall be enforceable pursuant to the surrounding land use, while serving operational compliance criteria in the intended purpose. Section 17-6.180. General technical 3. Aerial crossings, whether guidance is provided by references hung from existing structures, self- listed under Section 17-6.040. 17-6.050(2)(j) -- 17-6.060 1-29-84 3 7 7 DER1984 WASTEWATER FACILITIES 17-6 Discharges which would not result, waters are subject to the applicable at a minimum, in the protection of limitations of Section 17-6.080. surface and ground water quality b. All domestic wastewater criteria shall not be allowed. Ef- treatment plants discharging to open fluent limitations shall be achieved ocean waters are required, at a min- at the appropriate locations spec- imum, to provide secondary treatment ified pursuant to both this section as defined herein. New treatment and Section 17-6.080. plants and modifications of existing (1) Tech no logy-B ased Effluent plants shall be designed to achieve Limitations MEW. an effluent prior to discharge con- (a) Secondary Treatment taining not more than 30 mg/I BOD 1. Surface water disposal (ex- and 30 mg/I TSS, or 85% removal of cluding ocean outfalls) these pollutants from the wastewater All domestic wastewater facil- influent, whichever is more strin- ities are required, at a minimum, gent. All facilities, whether new to provide secondary treatment of or existing, shall be operated to wastewater. New facilities and achieve, at a minimum, the specified modifications of existing facilities effluent limitations (30 mg/1) and shall be designed to achieve an ef--; shall be subject to the provisions fluent after disinfection containing of Sections 17-6-160 and 17-6.180 not more than 20 mg/i BOD and 20 regarding compliance with the above mg/I TSS, or 90% removal of each of requirements. Appropriate disinfec- these pollutants from the wastewater tion and pH control of the effluents influent, whichever is more strin- shall also be required. Deviations gent. All facilities shall be oper- from the minimum design and operat- ated to achieve, at a minimum, the ing levels of treatment for all specified ef fl uent limitations (20 facilities, whether new or existing, mg/O. All facilities, whether new discharging to open ocean waters may or existing, shall be subject to only be approved pursuant to Section provisions of Section 17-6.010(5), 17-6.080(2)(f) - regarding the applicability of the 3. Land application or ground- above requirements, and Section water disposal (excluding under- 17-6.160, and 17-6. 180 regarding ground injection) compliance with the above require- a. The secondary treatment ments. Appropriate disinfection and criteria specified in Subsection pH control of effluents shall also (Ma)%, above, at a minimum, be required. generally are applicable as pre- 2. Surface water disposal via application waste treatment require- ocean outfall ments for all facilities, whether a. All domestic wastewater new or existing. The design for treatment plants discharging to more stringent levels of treatment Class III coastal waters shall meet, may be required by the department at a minimum, the appropriate sec- as a result of the method of ef- ondary treatment criteria contained fluent application /distribution; the in Subsection (1)(a)1., above. Ap- extent of intended public access; propriate disinfection and pH con- the characteristics of the poten- trol of the effluents shall also be tial receiving surface waters required. Discharges to coast;@, (i.e., where overland flow runoff or 1-29-94 17-6.060 17-6.0 .60(l)(a)3.a. 378 DER1984 WASTEWATER FACILITIES 17-6 application site underdrainage is to levels beyond that specified by involved); or groundwater protection secondary treatment shall be requir- pursuant to effluent disposal provi- ed prior to discharge to Class I sions of Section 17-6.080(3). waters. Class I reliability, as b. Under the restricted con- described in Section 17-6.040(4)(m), ditions stipulated in applicable shall be provided at a minimum. portions of Section 17-6.040(4)(q) Treatment shall be provided such for overland flow and certain under- that effluent limitations generally drained slow-rate land application are met after disinfection (However, systems, preapplication concentra- reasonable assurances shall be pro- tions of BOD and TSS in the effluent vided that the TSS limitation in prior to discharge onto application 1.b., below, will be achieved prior sites are not required to be in to disinfection regardless of the conformance with the secondary actual effluent compliance monitor- treatment standard specified above. ing location.) and: However, the secondary treatment a. ef fluent discharge meets standard, at a minimum, shall be.me't water quality standards pursuant to prior to final effluent release to Section 17-6.060(2) below (no mixing surface waters via facilities de- zone shall be allowed); and signed for operational control of b. effluent discharge shall not effluent. exceed 5 milligrams per liter TSS; 4. Groundwater disposal via and underground injection c. effluent discharge shall not a. The secondary treatment exceed 10 milligrams per liter TN; criteria specified in Subsection and (1)(a)l. above, at a minimum, shall d. effluent contains maximum apply to all facilities utilizing pollutant levels less than those Class I wells injecting domestic specified for community water sys- effluent into Class G-IV waters. tems in Chapter 17-22, FAC. These Deviations from the minimum design criteria may be relaxed, by the and operating levels . of treatment department, up to the level of the for such facilities may only be ambient receiving surface water approved pursuant to Section characteristics (but in no case to 17-6.080(4)(d). exceed the levels set for Class I b. The design of new facilities waters) where such characteristics and modifications of existing facil- exceed the levels stipulated in ities to achieve pollutant reduction Chapter 17-22, FAC; or to reflect to levels beyond that specified by the characteristics of water reach- secondary treatment shall be requir- ing the sewer system which may ed for effluents discharged from violate community drinking water Class V wells into Class G-11 wa- standards prior to further contami- ters. These levels shall be as spe- nation (if any) resulting from the cified in Section 17-6.080(4)(b). introduction of domestic and/or . M Additional Levels of Treat- industrial wastes. Enforcement of ment community drinking water standards I. The design of new facilities shall be pursuant to Chapter 17-22, and modification of existing facil- FAC* ities to achieve pollutant reduction 2. The design of facilities to 1-29-84 17-6.060(l)(a)3.a. -- 17-6.060(l)(b)2. 3 7 9 DER 1984 WASTEWATER FACILITIES 17-6 ach i eve pollutant reduction to the permittee in the engineering levels beyond that specified by report regarding impacts on the secondary treatment m.ay be required receiving surface or ground water; for effluents discharged from land such residual levels are subject to application sites (including site department approval. underdrainage systems) to surface 3. Disinfection criteria are waters in order to maintain water specified below for discharges from quality standards for the receiving all facilities; applicability of the waters. These levels may be estab- criteria to effluent disposal alter- lished via WQBELs (i.e., Subsection natives shall -be as contained in (2)(a), below). Section 17-6.080. Microbiological (c) Disinfection requirements generally shall be met 1. All wastewater treatment prior to achieving other required facilities shall be designed and effluent limitations. operated such that disinfection to a. A basic level of disinfec- the extent necessary to protect tion, hereinafter referred to as .public health is provided and the "basic disinfection", shall result microbiological pollutants shall not in not more than 200 fecal coliform violate the criteria for the receiv- values per 100 ml of effluent sam- ing waters._(if any), as contained in ple. Where chlorine is utilized for Chapter 17-3, FAC. disinfection, maintenance of 0.5 2. The department is cognizant mg/l minimum total chlorine residua-I of the potentially harmful effectIs after 15 minutes contact time at of chlorine used in conjunction with maximum daily flow, or after 30 wastewater treatment and encourages minutes contact time at average .the use of alternative disinfection daily flow, whichever provides for methods. Residual levels, or similar the higher level of public health criteria for establishing disinfec- protection, shall be accepted as tion of alternative disinfectants., evidence that the microbiological may be accepted by the department criterion will be met. based upon information provided by b. A higher level of disinfec- the permittee in the engineering tion, hereinafter referred to as report which serves as evidence that "high-level disinfection", utilized appropriate microbiological criteria in conjunction with additional TSS will be met and which provides rea.;- control (beyond secondary treatment sonable assurance of @public health levels) to maximize disinfection protection. Dechlorination may be effectiveness shall result in an required by the department to ensure effluent for which fecal coliforms that applicable water quality stan- (pAr 100 ml of sample) are below dards will be met and other appro- detectable limits. Where chlorine priate effluent limitations imposed is utilized for disinfection, main- pursuant to this chapter will be tenance of 1.0 mg/l total chlorine achieved. Maximum permissible re- residual after 15 minutes contact sidual levels in the effluent imme- time at maximum daily flow, or after diately following chlorination and 30 minutes contact time at average the necessity for dechlorination daily flow, whichever provides for shall be established as appropriate the higher level of public health based upon information provided ,'J?.Y protection, shall be accepted as 1-29-84 17-6.060(l)(b)Z,. -- 17-6.060(l)(c)3.b. 38 0 DER 1984 _WASTEWATER FACILITIES 17-6 evidence that the above microbio- mination. No zone of mixing, as logical criterion will be met. contained in Section 17-4.244, FAC, c. An intermediate level of shall be provided for any parameters disinfection, hereinafter referred for which the permittee fails or to as "intermediate disinfection", declines to provide the necessary shall result in not more than 14 MPN characteristics of the discharge. fecal coliform values per 100 ml of WQBELs shall be met after disin@ effluent sample. Where chlorine is fection. utilized for disinfection, residual 3. The WQBELs shall be deter- criteria contained in b., above, mined by application of accepted shall apply. scientific methods. It is recognized d. A lower level of disinfec- that models and other scientific tion, hereinafter referred to - as methods of predicting the concentra- Plow-level disinfection", allowable tions of pollutants result in esti- under highly controlled conditions mated values of concentrations. Such for overland flow and certain under- estimates shall be acceptable for drained slow-rate land application the purpose of determining effluent systems as specified in applicable limitations provided that the most portions of Section 17-6.040(4)(q), reliable and complete data reason- shall result in an effluent contain- ably available to the department ng not more than 2400 fecal coli- have been applied. Accepted scien- form values per 100 mi of sample. tific methods shall be based upon, (d) pH. but not limited to, a consideration All facilities shall be de- of the following: signed and operated to maintain a. The condition of the re- effluent values for pH, after dis- ceiving, body of water, including infection, within the range of 6.0 present and future flow conditions to B.S. and present and future sources of (2) Water Quality-Based Efflu- pollutants; and ent Limitations (WQBELs) b. The nature, volume, and (a) Surface water disposal frequency of the proposed discharge 1. In addition to TBELs spe- of waste, including any possible cified in Subsection 17-6.0600), synergistic effects with other pol- .above, the design of facilities may lutants or substances which may be be required to provide for addition- present In the receiving body of al treatment to satisfy water qual- water. ity standards for receiving surface (b) Groundwater disposal. waters. 1. In addition to any TBELs 2. The WQBELs shall be deter- specified in Section 17-6.060(l), mined by the department based upon above, the design of facilities the characteristics of the dis- may be required to provide for addi- charge, the receiving water charac- tional treatment to satisfy water teristics, and the criteria and quality standards for receiving standards of Chapters 17-3, 17-4, groundwaters. FAC, and this chapter. The depart- 2. Such limitations shall be ment shall supply the information established by the department based regarding ambient water quality upon characteristics of the effluent which is necessary for this deter- discharge and other information such 17-6.060(l)(c)3.b. 17-6.060(2)(b)2. 1-29-84 DER 1984 WASTEWATER FACILITIES 17-6 as project location, soils, hydro- areas, institutions, commercial geologic conditions, ambient water establishments, recreational areas, quality, the considerations listed or similar areas: in the provisions of Section 1. Generally, it shall be -a 17-4.245, FAC, and other relevant design objective to select proven factors the department may deem treatment processes and equipment appropriate. that will efficiently and reliably Specific Authority: 403.061, meet required effluent limitations, 403.087, F.S. Law Implemented: while minimizing the amount and 403.021, 403.061, 403.062, 403.085, complexity of routine operation and 403.086, 403.087, 403.088, F.S. maintenance requirements for the H istory: New 1-1-82, Amended system. 5@-31-82, 1-29-84. 2. The design shall be con- servative and shall sufficiently 17-6*070 Treatment Plants. provide for alternative process (1) &neral adjustments necessary for adequately (a) New wastewater treatment: treating widely varying (shock) hy- plants and modifications of existing. draulic, organic, or toxic loadings plants shall be designed in accor-, often experienced with these types dance with -sound engineering prac- of plants. tice. General technical guidance is 3. The design shall consider provided by references listed under- reliability requirements for emer- Section 17-6.040. gency conditions, availability of M Innovative or alternative parts for rapid repair, performance treatment processes for Type I and of analytical measurements required Type 11 facilities shall be reviewed for process control, routine moni- on their merit. When sufficient toring, and other considerations supporting information has been necessary to insure facility com- presented to the department, in- pliance with the requirements of stallation may be allowed on an this chapter. experimental basis for the period of (2) Plant Sites time necessary to evaluate the new (a) New treatment plants and technology. Except as provided in modifications to existing plants Section 403.088(4)(a), F.S., an shall be designed and located on the operating permit shall not be issued site so as to minimize adverse ef- unless the permittee has provided fects resulting from odors, noise-, data in the engineering report which aerosol drift and lighting. All such demonstrates to the department that design control measures shall be the technology is capable of consis- described in the engineering report. tently and reliably producing efflu- The permittee shall give reasonable ent meeting the standards of Chapter assurance that the treatment plant 17-3, FAC, and this chapter. or modifications to an existing (c) For Type III conventional plant shall not cause odor, noise, wastewater treatment plants and thei aerosol drift or lighting in such treatment units commonly referred to@ amounts , or at such levels. that as 11package plants" utilized fdrr they adversely affect neighboring domestic wastewater treatment im residents, in commercial or residen- smaller communities, residentfaft tial areas, so as to be potentially 1-n-84 17-6.060(2)(b)2. 17-6.070(2)(a) a 38 2 DER1994 WASTEWATER FACILITIES 17-6 harmful or injurious to human health 10-year flood be used. Design i or welfare or unreasonably interfere considerations (water surface ele- with the enjoyment of life or prop- vation, forces arising from water erty, including outdoor recreation. movement, etc.) shall be addressed Reasonable assurance may be based on In the engineering report and shall such means as aeration, landscaping, be based upon available information; treatment of vented gases, buffer where site-specific information is zones owned or under the control of unavailable, sound engineering the permittee, chemical additions, practices shall be used in siting prechlorination, ozonation, innova- and design of treatment plant tive structural design or other facilities. similar techniques and methods, as Specific Authority: 403.061, may be required. The design shall 403.087, F.S. Law Implemented: include adequate aeration. 403.021, 403.061, 403.062, 403.086, M All treatment plant sites 403.087, 403.088, F.S. H istory: shall be enclosed with a fence or New 1-1-.82. otherwise designed with appropriate features that discourage the entry 17-6.080 Effluent Disposal. of animals and unauthorized persons. (1) Surface Water Discharge (3) Provisions shall be made in (excluding ocean outfalls) the design for easy access points (a) Outfalls for all facili- for the purpose of obtaining rep- ties, whether new or existing, shall resentative influent and effluent not discharge effluents which do not samples. These access points shall meet, at a minimum,.* applicable sec- be dry points which can be reached ondary treatment, basic disinfection safely. and pH levels contained in Section (4) Provisions for flow mea- 17-6.060 prior to discharge to the surements shall be in accordance receiving surface waters. with Chapter 17-19, FAC. M Outfalls for new facilities (5) The potential for damage or or modifications of existing facili- interruption of operation because of ties shall not discharge effluents flooding shall be considered by the to Class I waters unless the efflu- ,permittee when siting new treatment ent meets the appropriate additional ;plants and expansions of existing treatment standards (beyond second- .plants at inland or coastal loca- ary) and high-level disinfection tions. The treatment plant struc- criteria contained in Section tures essential for the purpose of 17-6.060(l)(b) and (c), respective- treating, stabilizing, conveying, or ly, prior to discharge to the re- holding incompletely treated waste ceiving surface water. Outfalls for and electrical and mechanical equip- new facilities or modifications of ment shall be protected from physi- existing facilities shall discharge cal damage by the 100-year flood. not less than 500 feet from any The treatment plant shall be design- existing or approved (but not yet ed to remain fully operational and constructed) potable water intake. accessible during the 25-year.flood; However, all facilities, whether new lesser flood levels may be designed or existing, shall provide for the for, dependent on local conditions, TSS control (referenced in Section but in no case shall less than a 17-6.060(l)(b)l.) and high-level 1-29-84 17-6.070(2)(a) 17-6.080(l)(b) 3 8 3 DER1984 WASTEWATER FACILITIES 17-6. disinfection, or an alternative to treatment such that the drinking these combined requirements, to water criteria set by Chapter 17-22, ensure protection from virus. FAC, will not be Aolated at the (c) Outfalls potentially dis- edge of the mixing zone (which shall charging to waters contiguous to not extend into Class I waters). Class I waters However, Chapter 17-22 criteria may The necessity for treatment in be relaxed up to the level of ambi- addition to that required in (a), ent receiving surface water quality above, shall be dependent upon the (but in no case violate the water extent of travel time. Travel time quality criteria for Class III shall be the elapsed time from the waters) where ambient water quality point of final effluent monitoring is lower than the criteria stipu- to effluent arrival at the boundary lated in Chapter 17-22, FAC; or to of Class I waters or at the 500 foot reflect. the quality of water reach- no discharge zone surrounding po- ing the sewer system 'which may table water intakes (if any)', as violate community drinking water referenced in (b), above, whichever standards prior to further contami- results in the shorter elapsed. time. nation (if any) resulting from the Travel time determinations shall I:k# introduction of domestic and/or based upon-the expected flow of the industrial wastes. Enforcement of receiving water during the typically community drinking water standards wettest month of the year. Infor-. shall be pursuant to Chapter 17-22, mation available from public or. FAC. private scientific or engineering a. Class I reliab.ility, as firms may be utilized; velocity data described in Section 17-6.040(4) (m), from other waters may be used pro- shall be provided, at a minimum, for vided it is documented in the engi- new facilities and modification of neering report that the water body existing facilities. Provisions from which such data is derived is for automatic notification of dow,n- hydrologically similar to the re- stream potab le water treatment ceiving water at issue. facilities and effluent recircula- 1. Effluent discharged from all tion to ensure adequate wastewater facilities to waters tributary or treatment shall be incl uded for contiguous to Class I waters, re- reliability assurance. gardless of whether travel time is b. Effluent storage prior to greater than 4 hours, shall be sub- discharge to receiving waters may be ject to tech nology-based or water required. Storage volume require- quality-based limitations imposed ments shall be equal to the maximum for the specific receiving waters in daily flow (at which adequate treat- accordance w 'ith Section 17-6.0600) ment can be provided) of the facil- or (2); and additionally ity multiplied by the sum of the 2. Whenever travel time of the number of full (24 hours) days per effluent is less than or equal to " week when the operator is not on- 4 hours, new facilities and mod-i ' site. The operator may be on-site fications of existing facilities more often than required pursuant to discharging to waters tributary op, Chapter 17-16, FAC; where on-site contiguous to Class I waters, shall, attendance is 'provided in lieu of be required to provide wastewk@e_r, storage capacity, such attendance 1-29-84 17-6.080(l)(b) 17-6.080(l)(c)2.b. 3 8 4 DER 1984 WASTEWATER FACILITIES 17-6 schedules shall be stipulated by greater than 24 hours, but less than permit. or equal to 72 hours, storage volume (d) Outfalls shall not dis- requirements shall be equal to the charge effluents into Class 11 maximum daily flow (at which ade- waters. quate treatment can be provided) of (e) Limitations beyond the the facility multiplied by the minimum secondary treatment, basic number of full days per week when disinfection and pH levels that are the operator is not on-site. The required, or (as appropriate) addi- operator may be on-site more often tional WQBELs, on new facilities than required pursuant to Chapter which would discharge to waters 17-16, FAC; where on-site attendance tributary to or contiguous to Class is provided in lieu of storage I I waters shall be required when the capacity, such attendance schedules travel time of effluent (the elapsed shall be stipulated by permit. time from the point of final disin- M Outfalls shall be designed fection monitoring to arrival at with respect to depth and location cond it ional ly-app roved or approved so as to minimize oxygen demand and shellfish harvesting areas during adverse effects on the receiving maximum - expected surface water water. velocities) is less than or equal to (2) Ocean Outfalls 72 hours. Intermediate disinfection, (a) Outfalls for all facili- as described in Section 17-6.0600) ties, whether new or existing, shall (c), shall be required for all new not discharge effluent to coastal and existing facilities. Class I or open ocean waters which does reliability, as described in Sec- not meet, at a minimum, applicable tion 17-6.040(4)(m), shall be pro- secondary treatment and pH criteria vided at, a minimum. Additionally, contained in Sect ion 17-6-060. storage of the disinfected effluents Where applicable, discharges to in a holding pond and recirculating coastal waters shall be subject to capability (for additional treat- the limitations of Section 17-4.242, ment) shall be required as follows: FAC, regarding Outstanding Florida 1. Where the travel time is Waters, and of Subsections (1)(d) less than or equal to 24 hours, and (1)(e), above, regarding dis- storage volume requirements shall be charges to Class 11 waters and wa- equal to the maximum daily flow (at ters contiguous to Class 11 waters, which adequate treatment can be respectively. provided) of the facility multiplied M Outfalls for all facili- by the sum of the number of full ties, whether new or existing, shall days per week when the operator is not discharge effluent to Class III not on-site plus an additional coastal waters which has not also 24-hour period. The operator may be received basic disinfection prior to on-site more often than required the discharge. Outfalls for all pursuant to Chapter 17-16, FAC; facilities, whether new or existing, where on-site attendance is provided shall not discharge effluent to open in lieu of storage capacity, such ocean waters without also being attendance schedules shall be stipu- disinfected to the extent necessary lated by permit. to achieve Class III microbiological 2. Where the travel time is standards at the edge of the mixing 1-29-84 17-6.0800)(02.b. -- 17-6.080(2)(b) 3 8 5 DEIR'1984 WASTEWATER FAC ILITIES 17-6 zone established pursuant to Sub- quality. The design shall address section (d), below. If basic dis- the initial dilution, dispersion, infection Is not provided, the engi- and decay rates of the effluent neering report shall affirmatively wastes in surrounding waters in or- demonstrate the level of disinfec- der to accomplish these objectives. tion that is more appropriate. 2. Outfalls shall be designed (c) Deviations from minimum to ensure structural integrity so as waste treatment requirements for to minimize potential damage from effluent discharges to open ocean natural occurences (e.g., wave waters from all facilities,. whether action) or human activities (e.g., new or existing, may only be approv- anchorage). ed pursuant to (f), below. (f) Alternative levels of (d) Mixing zones for effluent treatment may be allowed for ocean discharges via ocean outfalls may be outfall discharges to open ocean established as follows: waters from any facility, whether 1. All coastal water discharge new or existing, as provided below. facilities shall be subject to the, 1. The Secretary may issue an applicable provisions of Section order, upon petition of an affected 17-4.244, FAC. permittee and after public hearing, 2. All- open ocean water dis- that specifies alternatives to charge facilities shall be subject treatment requirements of Sections to the applicable provisions of. 17-6.060(1)(a)2.b. and 17-6.080(2); Section 17-4.244, FAC, except. that:, and mixing zone requirements of a. Appropriate dimensions of Section 17-4.244, FAC; and the mixing zone, for effluents hav- 2. Such order shall remain in ing received treatment in accordance effect as long as applicable water with (c), above, and discharged from quality criteria specified in new facilities or modifications of Chapter 17-3, FAC, are met and the existing facilities, may be estab- effluent meets statutory treatment lished by the permittee pursuant to requirements; however, the provisions of (f), below. 3. Such order may be issued b. Mixing zone criteria cur- only after affirmative demonstration rently applicable to existing facil- by the Petitioner of the following: ities may be modified by order of a. Granting the order is in the the Secretary, pursuant to (f), public interest; and below. b. Compliance with minimum (e) Outfalls for new facilities treatment requirements in Sections and modifications of existing facil- 17-6.060(l)(a)2.b and 17-6.080(2) ities shall be designed in accor- for these discharges is not required dance with sound engineering prac- to assure adequate protection of tice. General technical guidance is public health and the marine envi- provided by applicable references ronment; and listed under Section 17-6-040. c. Granting the order will not Additionally: interfere with existing uses or the 1. Outfalls shall be designed%, designated uses of the receiving with respect to depth and locatioq--, waters or contiguous waters, or so as to minimize adverse effects otherwise impair the recreational on public health and environmeR use, bathing waters, or economic I_Z9_84 17-6.080(2)(b) 17-6.080(2)(f)3.c. 3 8 6 DER 1984 WASTEWATER FACILITIES 17-6 values associated with the area 1mum, shall consist of secondary potentially af fected by the dis- treatment and, to the extent neces- charge; and sary, basic disinfection and pH d. There is no reasonable control. Geneeally, these criteria relationship between the economic, are applicable as preapplication social, and environmental costs of waste treatment requirements for all compliance with the treatment re- facilities, whether new or existing. quirements and the benefits asso- 1. Less stringent preapplica- ciated therewith; and tion treatment levels may be allowed e. Oceanographic features in- under the restricted conditions fluencing the effects of the propos- stipulated in applicable portions of ed discharge support the proposed Section 17-6.040(4)(q) for overland level of treatment and any proposed flow and certain underdrained slow- extent of the mixing zone; and rate land application systems; how- f. The facility will be con- ever, regardless of the level of structed (where applicable) and preapplication treatment provided, operated so that there is no occur- the effluent finally released to rence of inadequately treated waste- receiving surface water, via the water reaching contiguous coastal operational control fac'ilities, waters; and shall meet the appropriate require- g. An acceptable monitoring ments of Section 17-6.060. program for the discharge has been 2. Additional levels of pre- proposed and would be implemented by application treatment (beyond the the permittee. minimum) may be required by the (3) Land Application department as a result of the'method (a) The following requirements of effluent application /distribu- are applicable for slow-rate, rapid- tion; the extent of intended public ,rate, overland f low, absorption access; the characteristics of the field and other land application potential receiving surface waters systems potentially discharging to (e.g., where application site under- Class G-11 groundwaters as described drainage is designed); or groundwa- in Chapter 17-3, FAC. Requirements ter protection pursuant to effluent for systems involving potential dis- disposal provisions of Sect ion charges to other classes of ground- 17-6.040(4)(q). water (as defined by Chapter 17-3, (d) Protection of groundwater FAC) will be established, by the quality is of concern. The charac- department on a case-by-case basis teristics of background, or ambient, with the permittee. groundwater quality shall be estab- (b) Systems shall be designed lished. Two general situations will to meet applicable requirements be encountered: background quality contained in Section 17-6.040(4)(q). characteristics may be at or below Minimum design waste treatment stan- the criteria numerically quantified dards specified in (c) below are in Chapter 17-3, FAC, (i.e., back- described in Section 17-6.060 and ground quality is equal to, or shall be enforceable. pursuant to better than, standards) in which the operational criteria in Section case the land application shall not 17-6.180. result in degradation of background (c) Waste treatment, at a min- water quality in excess of the water 1-29-84 17-6.080(2)(f)3.c. 17-6.080(3)(d) 3 8 7 DER1984 WASTEWATER FACILITIES 17-6 quality criteria; or background by-case basis; however the TSS water quality characteristics may be limitation shall be met prior to in excess of the criteria numerical- disinfection. The following require.- ly quantified in Chapter 17-3, FAC, ments shall be met: (i.e., background quality is worse 1. Effluent shall contain not than standards) in which case 'the more than the concentration set for land application shall not result BOD (and TSS) via secondary treat- in further degradation of the back- ment criteria in Section 17-6-0600Y ground water quality. Where a Wl.; and surface water discharge is also 2. Effluent shall contain not involved, the underdrainage or over- more than 5 mg/I TSS and no detect- land flow discharge shall not result able fecal coliforms (high-level in a violation of water quality disinfection criteria); however, standards. 3. As an alternative to 2., (4) Underground Injection above, other methods for ensuring (a) All facilities using Class protection from virus may be approv- I wells discharging domestic ef- ed by the department; and fluent into Class G-IV waters must 4. Adequate justification for meet the secondary treatment and pH,, the use of any specific disinfection limitations - specified in Section process and the identification of 17-6.060(l)(a) and M. Disinfection resulting public health effects is not required prior to disposal, shall be provided to the department; via any Class I well, whether from and any new or existing facility; how- 5. The department may requi@e ever, all Class I well permittees that the effluent meet the criter must maintain capability to disin- for community drinking water systems fect at a level that is consistent specified in Chapter 17-22, FAC, or with the alternate discharge mecha- may establish any individual efflu- nism pursuant to Section 17-28.23(4), ent pollutant criterion specified in (c), FAC. Deviations from minimum Chapter 17-22, at a value up to the waste treatment requirements for level occurring in ambient receiving such discharges may only be approved groundwater. However, no criterion pursuant to (d), below. may be established at a concentra- (b) New facilities and modifi- tion in excess of Class G-1 I water cations of existing facilities using quality standards; and Class V wells discharging domestic 6. The department may require effluent into Class G-11 waters additional reduction of pollutants' (except as provided in paragraph (c) which otherwise would be discharged below) shall be designed and oper- in quantities which may reasonably ated to achieve pollutant reduction be. anticipated to pose risk to pub- to levels beyond that specified by lic health or the environment be- secondary treatment. Class I relia- cause of acute or chronic, toxicity; bility, as described in Section and 17-6.040(4)(m), shall be providede., 7. Storage capability and re- for the treatment plant at a mini:!r. circulation of stored- effluent, MUM. Effluent limitations shal1k. or provisions for alternative dis- be met at compliance monitoring,,, posal systems, shall be established location(s) established on a casq;@;,.' with the department's approval on a 1-29-84. 17-6.080(3)(d) 17-6.080(4)(b)7. 3 8 8 DER1984 WASTEWATER FACILITIES 17-6 case-by-case basis. Injected wastewater; no single M New facilities and modifi- sample shall exceed 0.3 milligrams cations of existing facilities using per liter. Class V wells discharging domestic 3. A biological testing proce- effluent into Class G-11 waters of dure approved by the Department the Biscayne or Floridan Aquifers shall be conducted to determine the containing total dissolved solids of mutagenicity of the injected waste- 500 milligrams per liter or less water. shall be designed and operated to 4. The treatment process prior achieve pollution reduction as to injection shall include activated specified below. carbon adsorption unless the appli- 1.'The Environmental Regulation cant provides reasonable assurance Commission shall hold@ a public hear- to the Department that the use of ing following the conclusion of, any alternative technologies will not pilot test or the full-scale opera- result in a discharge of wastes tional test of any project approved in contravention of the standards pursuant to Section 403.859(7), described in this paragraph. F.S., and shall modify the require- 5. Alternative and standby dis- ments of this paragraph, as neces- posal or storage facilities shall be sary or appropriate, based on the provided such that any wastewater results of the test data. The not meeting the requirements of this effluent standards described below section may be stored for further may be revised if the test data treatment or disposed of by alter- demonstrate that alternative parame- native means approved by the Depart- ters or levels would more effective- ment. ly control pollutants hazardous to 6. Any project approved pur- public health and the environment, suant to Section 403.859M, F.S., such as the priority pollutants shall submit an interim report to identified by the United States the Department one year after the Environmental Protection Agency and commencement of its full-scale oper- certain lipid-soluble organics. ational test. If a pilot test is 2. Injected wastewater shall conducted prior to the full-scale meet the following effluent stan- operational test, an interim report dards or such other standards as are Is also required one year after its adopted by rule in accordance with commencement. The interim report subparagraph 1. above. . shall describe the technical perfor- a. Total organic carbon (as the mance and cost-effectiveness of the arithmetic average of any 21 con- test project, as indicated by the secutive samples of injected waste- test data accumulated during the water) shall not exceed 5 milligrams year. The report shall also discuss per liter or the background concen- the technical and economic feasibil- tration of total organic carbon, ity of complying with more and less whichever is less; no single sample stringent effluent standards than shall exceed 9 milligrams per liter. those specified in this paragraph. b. Total organic halogen shall The Department shall promptly review not exceed 0.2 milligrams per liter the report and present its analysis (as CI-) as the arithmetic average to the Environmental Regulation of any 21 consecutive samples of Commission. 1-29-84 17-6.080(4)(b)7. 17-6.0800)(06. 3 89 DER1984 WASTEWATER FACILITIES 17-6 7. No permit shall be issued well systems provides operational fo'r the underground injection of reliability and flexibility in the wastewater pursuant to this para- event of damage to or failure of the graph until a minimum two-year, pipeline or a well; and full-scale operational test of the 5. Access to the well for geo- project has been concluded, the test physical logging without major modi- data have been reviewed by experi- fications is enabled; and enced national authorities, and the 6. The wellhead shall be pro- reports of the review have been tected in a manner to minimize acci- considered by the Department. dents or vandalism; and 8. The requirements of this 7. Necessary screening for paragraph are additive and supple- floatable solids prior to injection ment all other requirements imposed to avoid plugging of the formation by Department rules on the construc- is provided; and tion and operation of wastewater 1 8. Equipment with sufficient treatment and disposal facilities, reliability and redundancy is pro- including compliance with the ground, vided in accordance with appropriate water quality standards referenced references contained in Section in Fla. Admin. Code Rule 17-3.404.,, 17-6.040(4). (d) Surface equipment for all (e) Alternative treatment lev- injection wel I facilities, whether els may be allowed for Class I well new or existing, shall be such that, discharges to Class G-IV waters from manual backup capability to monitor any facility, whether new or exist- wellhead pressure and flow is pro- ing, as provided below. vided for systems utilizing automat- 1. The Secretary may issue an ic and continuous recording equip- order, upon petition of an affected ment. The design of new facilities permittee. and after public hearing, and modifications of existing facil- that specifies an alternative to the ities shall incorporate additional treatment requirements specified in surface equipment considerations Section 17-6.060(i)(a)4.a.; and such that: 2. Such order shall remain in 1. Effluent pumping stations effect as long as applicable water shall be protected from lightning quality criteria specified in and transient voltage surges. As a Chapter 17-3, FAC, are met and the minimum, stations shall be equipped effluent meets statutory treatment with lightning arrestors, surge ca-.. requirements; however, pacitors or other similar protection 3. Such order may be issued devices, and phase protection; and only after affirmative demonstration 2. Effluent pumping stations by the Petitioner of the following: shall be provided with divided com- a. Granting the order is in the partments to allow access for repair public interest; and and maintenance purposes without b. Compliance with minimum interrupting operation; and treatment requirements in Section 3. Potential surge and water,, 17-6.060(l)(a)4.a. for these dis- hammer will not jeopardize the safe-. charges is not required to assure ty and integrity of the injectioq@ adequate protection of fresh water well system; and storage areas or industrial or util- 4. Surface equipment for mukJj7.. ities supplies, or for present and 17-6.080(4)(c)7. 17-6.080(4)(e)3.b. 11-21-94, 390 DER 1994 WASTEWATER FACILITIES 17-6 future potable water supplies; and Subpart C Operation and Maintenance : . c. Granting the order will not 17-6.10 is renumbered as interfere with existing uses or the 17-6.400. designated uses of the waters or Specific Authority: 403.061, contiguous waters; and 403.062, 403.087, 403.504, 403.704, d. The facility complies with 403.804, 403.805, F.S. Law Imple- all of the requirements for Class I mented: 403.021, 403.061, 403.066, wells in Chapter 17-28, FAC; and 403.087, 403.088, 403.091, 403.101, .e. There is no reasonable 403.121, 403.141, 403.161, 403.182, relationship between the economic, 403.502, 403.704, 403.708, F.S. social, and environmental costs of History: New 3-1-79, Renumbered compliance with the treatment re- 1-1-82. quirements and the benefits asso- ciated therewith; and 17-6.100 Collection /Transmission f. The facility will be con- Systems. structed (where applicable) and (1) A collection /transmission operated so that there Is no occur- system addressed under Sect ion rence of inadequately treated waste- 17-6.050 shall not be placed into water reaching other aquifers or operation without prior approval of surface waters; and the department. g. An acceptable monitoring (2) All collection /transmission program for the discharge has been systems shall be operated and main- proposed and will be implemented by tained so as to provide uninter- the permittee; and rupted service as required by this h. The receiving aquifer is of chapter. sufficient transmissivity to pre- (3) All equipment necessary for clude clogging of the formation with the collection /transmission of do- the effluent; and mestic wastewater, including equip- i. The injection well system ment provided pursuant to Section has sufficient built-in redundancy 17-6.050(2), shall be maintained so to assure an alternate disposal as to function as intended. In the method (such alternate disposal event odor, noise or lighting ad- shall be limited to emergency versely affect neighboring developed events); and areas at level s prohibited by j. The surface equipment for 17-6.050(2)(c), corrective action multi-well systems is designed to (which may include modifications of provide continued partial operation the collection /transmission system) in the event of damage to or failure shall be taken by the permittee. of a pipeline or well. Other corrective action may be re- Specific Authority: 403.061, quired to ensure compliance with 403.087, 403.859, F.S. Law rules of the department. Implemented: 403.021, 403.061, (4) Copies of record drawings 403.062, 403.085, 403.086, 403.087, pursuant to Section 17-6.1400)(04. 403-088, 403.859, F.S. History: and the approved operation and main- New 1-1-82, Amended 5-31-82, tenance manual pursuant to Section i-29-84. 17-6.150(2) shall be kept available at a site acceptable to the depart- 17-6.090 Sludge Management ment for use by operation and main- is (RESERVED). tenance personnel and for inspection 17-6.0800)(03.b. -- 17-6.100(4) 1-29-84 391 DER 1984 WASTEWATER FACILITIES 17-6 by department personnel. plant and disposal system. These Specific Authority: 403.061, records shall be transmitted to, 403.087, F.S. Law Implemented: the appropriate district office of 403.021, 403.061, 403.087, 403.088, the department, in accordance with F.S. History: New 1-1-82, Amended' Chapter 17-19, FAC. 1-29-84. (5) Copies of the department. permit and record drawings pursuant 17-6.110 Treatment Plants and to Section 17-6.140(2)(b)4.; the-- Effluent Disposal Systems. approved operation and maintenance (1) New treatment plants and manual pursuant to Section 17-6.150. existing plants which have had modi- (2); schedules; logs; and all re- fications which require compliance corded operating data shall be kept with the effluent limitations re- available at all facilities or other quired by this chapter shall be acceptable sites approved by the operated and maintained so as to department for use by plant opera- attain, at a minimum, the effluent tors and inspection by the depart- quality required by the operationaf ment. criteria specified in Sect ion (6) All treatment plant permit- 17-6.180(l). Existing treatment tees shall be responsible for making plants shall, at a minimum, meet all facilities safe in terms of pub- effluent limitations as specified in lic health and safety at all times, currently valid permits pursuant t,,o@ including periods of inactivation or Section 17-6.160. abandonment. The permittee shall (2) The operation of all treat- give the department written notice ment plants shall be under the at least 60 days prior to inactiva- supervision of an operator certified tion or abandonment of a treatment in accordance with Chapter 17-16, plant and shall specify what steps FAC. All facility operations shall will be taken to safeguard public provide for the minimum care and health and safety. The permittee maintenance of the facility in may be ordered to undertake addi- accordance with Chapter 17-16, FAC. tional steps deemed necessary by the (3) All equipment necessary for department to protect public health the treatment and disposal of domes- and safety. tic wastewater shall be maintained, (7) Land application systems at a minimum, so as to function as, shall be operated and maintained in intended. In the event odor, noise, accordance with the provisions con- aerosol drift, or lighting adversely tained in Section 17-6.040(4)(q). @ affect neighboring developed areas (8) All underground injection at the levels prohibited by 17-6.070 effluent disposal systems shall be (2)(a), corrective action (which may operated and maintained in accor- include modifications of the treat- dance with the provisions contained ment plant) shall be taken by the in Sections 17-28.33, 17-28.34(l) permittee. Other corrective action and 17-28.53, FAC. may be required to ensure compliance Specific Authority: 403.061, with rules of the department. 403.087, 403.101, F.S. Law 11 (4) All treatment plant perm;it-.:- Implemented: 403.021, 403.061, tees shall provide the operati,ng 403.062, 403.085, 403.086, 403-087, data, records, and analytical re- 403.088, 403.101, F.S. History: sults as required to document -the New 1-1-82, Amended 5-31-82, operational results of the treatment 1-29-84. 17-6.100(4) 17-6. 110 (History) 1-29-84 3 9 2 DER 1984 WASTEWATER FACILITIES 17-6 17-6.120 Sludge Management contingency plan for preventing the (RESERVED). recurrence of similar events and for minimizing their impacts should they 17-6.130 Abrwrmal Events. reoccur. (1) In the event the permittee Specific Authority: 403.061, of any treatment plant or disposal 403.087, F.S. Law Implemented: system is temporarily unable to 403.021, 403.061, 403.062, 403.087, comply with any of the conditions of 403.088, 403.182, F.S. History: a permit due to breakdown of equip- New 1-1-82. ment, power outages, destruction by hazard of fire, wind, or by other Subpart D Compliance cause, the permittee shall notify 17-6.140 Permits Required. the department and the local program (1) Construction Permits. (where existing). Notification shall Construction of new wastewater also be required when the above facilities or modification of exist- described abnormal events affect any ing facilities requires an appro- collection /transmission system and priate permit from the department. result in the disposal of inade- Collection /transmission systems can quately treated waste violation typically be constructed under the specified in Section 17-6.180(2)(a). general permit procedures and crite- Notification shall be made in per- ria specified in Part III, Chapter son, by telephone, or by telegraph 17-4, FAC. For collection/transmis- to the nearest office of the depart- sion systems involving innovative ment and the local program within 24 design or for collection/transmis- hours of breakdown or malfunction. sion systems having features not (2) A written report may be complying with the design/perfor- required by the appropriate district mance criteria in this chapter, a office or local program within 72 specific permit will be required. hours of the notification referenced Treatment and disposal facilities in (1), above. The report shall require a construction permit ob- describe the nature and cause of the tained in accordance with procedures breakdown or malfunction, the steps and criteria specified in Parts I being taken or planned to be taken and 11, Chapter, 17-4, FAC. Permit- to correct the problem and prevent tees shall comply with applicable its recurrence, and the time when design /performance criteria contain- the wastewater facility is expected ed in this chapter as part of the to be properly operating. permitting standards under Chapter (3) Following any spill, 17-4, FAC. bypassing, or overflow from any (2) Operation Permits. wastewater facility , which is not Operation permits are not addressed in Section 17-6.180(2)(f), issued fo r collection /transmission regarding planned "bypasses", and systems. Prior departmental approval which results in the disposal of to place new systems or modifica- inadequately treated waste violation tions of existing systems into specified in Section 17-6.180(2)(a), operation is required, pursuant to the department or the local program Section 17-6.1000). may require the permittee to pro- Operation of all treatment and vide, within 90 days, an acceptable disposal facilities, whether new or 17-6.120 17-6.140(2) 1-29-84 393 DER 1994 WASTIEWAT15IR FACILITIES 17-6 1 existing, requires an appropriate phase of project completion) on operation permit obtained from the forms approved by. the department. department in accordance with proce- The engineer shall certify therein dures and criteria specified in that the system has been constructed Parts I and 11, Chapter 17-4, FAC. substantially in accordance with Modifications of existing facilities approved plans and specifications, which will require revisions to a or that any deviations will not pre- currently valid operation permit vent the system from functioning 'in and new facilities may be operated compliance with the requirements of under, and in accordance with spe- this chapter. The engineer shall cific conditions of, a valid con- note and explain substantial devia- struction permit generally 'for a tions from the approved plans and 6 month period after completion of specifications. Construction devia- construction. The permittee may be tions greater than ten percent (10%) required to obtain departmental from approved sewer slopes shall be approval prior to placing these considered as substantial. The facilities into initial operatidh. certification shall be based upon An application for an operatibn on-site observation of construction permit must be submitted at least (scheduled and conducted by the 60 days prior to the expiration date engineer or by a project representa- of the construction permit. tive under his direct supervison) In addition to pertinent r6- for the purpose of determining if quirements of Chapter 17-4, FAC, the the work proceeded in compliance items addressed below shall be sub- with plans and specifications; and mitted to the department as part of 3. Record drawings furnished by the collection /transmission system the contractor (based on information approval process or the operation gathered and prepared under his permit issuance (or renewal) process direction), and reviewed by the discussed above. For modifications engineer referenced in 2., above, to of existing treatment and disposal determine their adequacy. The record systems which will not require drawings shall include a set of revisions to the currently valid approved plans and specifications operation permit, the appropriate which identify, at a minimum, sub- items addressed below shall be sub- stantial deviations referenced in mitted within 60 days after project the certification of completion of completion: construction that have occurred (a) Collection /Transmission since the construction or general Systems permit was issued; and 1 .A written request from the 4. Written certifications on permittee to obtain the approval for forms approved by the department, use referenced above; and from the permittee or the respon- 2. A certification of comple- sible operation and maintenance tion of construction prepared by an authority (if other than the permit- engineer (not necessarily the prdj- tee), stating that record drawings ect design engineer but one who Nis and an appropriate operation and been retained by the permittee 16 maintenance manual (pursuant to provide professional engineerin@ Sect ion 17-6.150(2)) are available services during the construefWh at a specified location; and 1-29-84 17-6.140(2) -- 17-6.140(2)(a)4. 3 94 DER 1994 WASTEWATER FACILITIES 17-6 S. Written certifications on gathered and prepared under his forms approved by the department direction), and reviewed by the f rom: engineer referenced in I., above, to a. the permittee or the respon- determine their adequacy. The record sible operation and maintenance drawings shall include a set of authority (if other than the per- approved plans and specifications mittee) agreeing to properly operate which identify, at a minimum, sub- and maintain the facilities; and stantial deviations referenced in f rom the certification of completion of b. the responsible authority construction that have occurred (if any) who operates and maintains since the construction permit was the wastewater facility to which issued; and the completed system is directly 3. Plans furnished by the per- connected stating that the connec- mittee of changes, if any, to the tion(s) have. been satisfactorily existing treatment or disposal sys- completed. tems that have been made since the (b) Treatment and Disposal Fa- issuance of the original construc- cilities tion permit; and 1. A certification of comple- 4. Written certification from tion of construction prepared by an the permittee on forms approved by engineer (not necessarily the proj- the department that: ect design engineer but one who has a. record drawings referenced been retained by the permittee to in 2., above, and an appropriate provide professional engineering operation and maintenance manual services during the construction (pursuant Ao Section 17-6.150(2)) phase of project completion) on are available at a specified loca- forms approved by the department. tion; or that The engineer shall certify therein b. updated plans of existing that the system has been constructed facilities referenced in 3., above, substantially in accordance with record drawings of modifications approved plans and specifications, referenced in 2., above, and an or that, any deviations will not appropriate operation and mainte- prevent the system from functioning nance manual (pursuant to Section in compliance with the requirements 17-6.150(2)) are available at a of this chapter. The engineer shall specified location; and note and explain substantial devia- 5. A binding agreement for proj- tions from the approved plans and ects involving effluent discharge specifications. The certification onto property not owned or under the shall be based upon on-site observa- direct control of the permittee, tion of construction (scheduled ' and generally for the term of the useful conducted by the engineer or by a life of any treatment or disposal project representative under his facilities, to ensure adequate oper- direct supervison) for the purpose ation and maintenance of facilities. of determining if the work proceeded Specific Authority: 403.061, in compliance with plans and speci- 403.087, F.S. Law Implemented: fications; and 403.021, 403-061, 403.062, 403.087, 2. Record drawings furnished by 403.088, F.S. History: New 1-1-82, the contractor (based on information Amended 7-31-83. 17-6.140(2)(a)S. 17-6.140(History) 1-29-84 395 DER 1984 WASTF-WATER FACILITIES 17-6 17-6-150 Project Documentation. permit (including permit renewal) (1) Comprehensive engineering and may be subject to department report documentation to justify any approval prior to issue of that per- domestic wastewater project shall mit. An operation and maintenance be submitted with the construction manual for domestic wastewater permit application. collection /transmission systems (a) Engineering report require- addressed in Section 17-6.050(l) ments for land application systems shall be submitted, upon request, to shall be as described in Section the department as part of the proce- 17-6.040(4)(q). dure to obtain approval for use per (b) Engineering report require- Section 17-6. 100 (1). The department ments for outfalls discharging to may accept written certification by coastal or open ocean waters shall the permittee that an appropriate include the following considera- manual is available in lieu of tions, at a minimum. actual submittal. The manual shall 1. Bottom profiles of the route provide for the reliable and effi- selected for the outfall and typica,l cient operation and maintenance of cross-sections for outfall segments.., the facilities. joints and diffuser (where provid@ 1. The detail of the manual ed). All materials shall be describ- shall be consistent with the com- ed and construction procedures out- plexity of the system. The manual lined. Structural protection of the shall be developed in accordance outfall shall be addressed; and with the unique requirements of the 2. Disinfection process(es) to individual wastewater facility and be utilized and the operating cri- shall provide the operator with teria proposed to establish that adequate information and description microbiological requirements will be regarding the design, operation, and met. maintenance features of the facility (c) Engineering report require- involved. ments for new Class I and V under- 2. Basic hydraulic and engi- ground injection facilities or modi- neering design criteria for the fication of such facilities shall be facility shall be included in the as described in Sections 17-28.22, manual, as well as information and 17-28.32(3), 17-28.33(2), 17-28.34, procedures required for normal con- and 17-28.52, FAC. trol and distribution of wastewater, (d) Information requirements sludge, and effluent within the regarding sludge management (RE- facility. Additionally, information SERVED). concerning process control and per- (2) Operation and Maintenance formance evaluation for the facility Manual shall be included, as well as equip- (a) An operation and mainte- ment and procedural descriptions nance manual for all domestic waste- (including any notification/ report- water treatment and effluent dispos- ing requirements of appropriate al facilities , (including existing agencies) for emergency operating facilities) shall be submitted upon conditions and listing of spare request to the department as part of parts to have on hand. Regular the procedure to obtain an operating maintenance and repair instructions 1-29-84 17-6.150(l) 17-6.150(2)(a)2. 396 DER 1984 WASTEWATER FACILITIES 17-6 for all equipment; laboratory posed operation and maintenance cri- testing equipment and monitoring teria, will meet the requirements of procedures; safety and personnel this chapter. requirements; and a "trouble shoot- 2. The department may require ing" problem guide shall be included deviation from the criteria contain- in the manual. ed in the references listed in (d) 3. Information requirements below upon a finding that confor- for land application facilities mance to them will not assure com- shall be as contained in Section pliance with the requirements of 17-6.040(4)(q). this chapter or other rules of the 4. Information requirements for department. underground injection well facili- (d) Technical References ties shall be in accordance with 1. Water Pollution Control Fed- Section 17-28.23(3), FAC. eration, 1976. Manual of Practice 5. A copy of the approved manu- No. 11 -Operation of Wastewater al shall be provided to the operator Treatment Plants. Water Pollution .by the permittee of the facility; Control Federation, 2626 Pennsylva- for collection /transmission systems, nia Avenue, N.W., Washington, D.C. a copy of the approved manual shall 20037. be provided to the person(s) respon- 2. California State University, sible for operation and maintenance Department of Civil Engineering, of the system, by the party who 1980* Operation of Wastewater received the construction permit. Treatment Plants-Volumes I ' 11, Ill. The manual shall be available for California State University, 600 reference at the facility or other Jay Street, Sacramento, California approved site. The permittee shall 95819. maintain at least one copy of the 3. California State University, approved manual. Department of Civil Engineering, (b) The department may require 1970. Operation and Maintenance of revisions to the manual to reflect Wastewater Collection Systems. any facility alterations performed California State University, 600 or to reflect experience resulting Jay Street, Sacramento, California from facility operation. 95819. (c) The technical criteria and 4. New York State Department of guidance contained in the technical Environmental Conservation, 1980. references listed in (d) below are Manual of Instruction for Wastewater hereby incorporated by reference and Treatment Plant Operators-Volumes shall be used, where applicable, in 1, 11. Health Education Service, determining whether facility oper- P. 0. Box 7126, Albany, New York ating permits shall be issued or 12224. denied except as provided in 1. and 5. U. S. Environmental Protec- 2. below. - tion Agency, 1977. Aerobic Biologi- 1. Deviations from the criteria cal Wastewater Treatment Facilities- contained in the references listed Process Control Manual; EPA-430/9- in (d) below may be approved by the 77-006. USEPA Municipal Operations department provided that the opera- Branch, Office of Water Programs tion and maintenance manual provides Operations, 401 M Street, S.W., reasonable assurance that the pro- Washington, D.C. 20460. 17-6.150(2)(a)2. 17-6.150(2)(d)S. 1-29-84 397 DER 1994 WASTEWATER FACILITIES 17-6 6. U. S. Environmental Protec- is submitted the facilities will be tion Agency, 1977. Package Treatment presumed to be capable of operating Plants Operations Manual. USEPA in full compliance. As to Type III Municipal Operations Branch, Office facilities, the written report need of Water Programs Operations, 401 not be submitted until application M Street, S.W., Washington, D.C. for renewal is submitted to the de- 20460. partment. Construction permits shall (e) Members of the public may contain schedules for achieving full request and obtain copies of the compliance: references listed in (d) above by 1. Where currently valid oper- contacting the appropriate publisher ating permits expire at least one at the address indicated. Copies of year from the effective date of this the above publications are on file chapter, applications for a con- with the Florida Secretary of State; struction permit shall be submitted copies are also on file and avail- to the department no later than 90 able for review in the department's days prior to the expiration of the Tallahassee offices (including the current operating permit; or Office of Public Information) and 2. Where currently valid oper- in the department's district, sub- ating permits expire prior to one district, and branch offices where year from the effective date of this they may be reviewed during normal chapter, the permit shall be renewed business hours. upon application (provided the per- Specific Authority: 403.061, mittee would have otherwise quali- 403.087, F.S. Law Implemented: fied the operating permit) -for a 403.021, 403.061, 403.062, 403.085, period of one year from the date of 403.086, 403.087, 403.088, F.S. expiration of the current operating History: New 1-1-82, Amended permit so as to allow submittal, 5-31-82, 1-29-84. within 90 days prior to expiration of the renewed operating permit, of 17-6.160 Existing Facilities. a construction permit application. (1) All permittees of existing (2) Other than as provided for domestic wastewater facilities, if in Subsection (1)(b)2., above, no operation is continued, shall: operating permit shall be issued or (a) at a minimum, meet second- renewed unless the permit applicant ary or more stringent effluent lim- demonstrates that the subject facil- itations specif ied in currently ity is in compliance with the appli- valid permits and comply with each cable provisions of this chapter. of the applicable provisions of this Specific Authority: 403.061, chapter to the extent presently 403.087, F.S. Law Implemented: capable; and 403.021, 403.061, 403.062, 403.085, (b) provide a written report 403.086, 403.087, 403.088, F.S. within 270 days of the effective History: New 1-1-82, Amended date of this chapter detailing each 5-31-82. appropriate provision of this chap@@- ter with which facilities do not 17-6.170 Variations from comply, with the exception of th-e Requirements. requirements of the Land Application (1) The following variations to Manual 17-6.040(4)(q) relating AiD the requirements of this chapter, in new facilities. If no such report accordance with Section 17-6.010(5), 17-6.150(2)(d)6. -- 17-6.170(l) 1-29-84 3 9 8 DER1984 WASTEWATER FACILITIES 17-6 are provided for domestic wastewater facility compliance, or noncompli- facilities permitted on or before ance, with the waste treatment the effective date of this rule. standards of this chapter using the (a) The no discharge limitation information submitted pursuant to of Section 17-6.080(l)(d) shall not self-monitoring operational reports be applicable to existing facilities required by Chapter 17-19, FAC. For discharging into Class 11 waters or such evaluations, the appropriate Class III waters which are subse- effluent compliance concentrations quently reclassified as Class 11 contained in (b), below, shall be waters. applicable. Whenever the department (b) The requirement contained uses the results of a year's opera- in Section 17-6.040(4)(q) for a tional reports, the annual effluent binding agreement (to insure com- compliance concentrations given in pliance with the construction, oper- (b), below, shall be used for com- ation, maintenance, and monitoring pliance determinations. The annual requirements of this chapter) be- concentrations obtained from self- tween the permittee of an existing monitoring operational reports shall land application project involving be the average of data from consec- treatment-or disposal of effluent on utive reporting periods (whether property owned by a party other than daily, monthly, quarterly, or any the perm,ittee shall not be appli- other basis) which collectively com- cable provided: prise one year; additional compli- 1. an alternate backup treat- ance determinations may be made for ment or disposal system is, or can each successive sampling period. be, permitted by the department, or a. For pollutants which are 2. an approvable contingency required to be sampled on a bi- plan for treatment or disposal is weekly or more frequent basis (per submitted by the permittee to the Chapter 17-19, FAC), all effluent department within 90 days after the compliance concentrations shall be effective date of this rule. applicable. The bi-weekly evaluation (2) Additional relief from the shall be based upon the concentra- criteria established by this chapter tion limitation specified for a may be provided through an exemp- weekly determination. tion, pursuant to Section 17-4.243, b. For pollutants which are FAC, or a variance, pursuant to required to be sampled on a monthly, Section 17-1.57, FAC. quarterly (or less frequent basis), Specific Authority: 403.061, the monthly concentration limitation 403.087, F.S. Law Implemented: shall be used as the compliance 403.021, 403.061, 403.062, 403.085, standard. The annual (as established 403.086, 403.087, 403.088, F.S. in 1., above) and maximum-permissi- History: New 1-1-82, Amended ble levels shall also be applicable. 5-31-82, 1-29-84. 2. The department may also take enforcement action based on its own 17-6. 180 Enforcement. sample collection activities using (1) Operational Criteria any of the annual, monthly, weekly, (a) General or maximum-permissible operating 1. The department may establish criteria specified in (b), below. 17-6.170(l) 17-6.180(l)(a)2. 1-29-84 3 9 9 DER 1994 WASTEWATER FACILITIES 17-6 Use of such data shall not preclude ment standards specified in Section enforcement action pursuant to the 17-6.060(l)(a)l., (1)(a)2.a., and provisions of this or any other (MaMa., the following operation- chapter of the Florida Administra- al criteria shall be applicable. tive Code. The use of grab or a. The arithmetic mean of the composite samples for evaluating BOD or TSS values for the effluent annual, monthly or weekly compliance samples collected (whether grab or shall be generally consistent with composite technique is used) during grab or composite sampling technique an annual period, as described in (as opposed to sample scheduling) Subsection Wl., above, shall not requirements of Chapter 17-19, FAC, exceed 20 mg/l. for the specific design flow of the b. The arithmetic mean of the treatment plant at issue. Maximum- BOD or TSS values for a minimum of permissible concentrations shall be four effluent samples each collected established by grab sampling due to (whether grab or composite technique the transient nature of maximum is used) on a separate day during a concentrations; it is expected that period of 30 consecutive days such samples will be col lecte@d (monthly) shall not exceed 30 mg/l. during periods of minimal treatment c. The arithmetic mean of the plant pollutant removal efficiencies BOD or TSS values for a minimum of or maximum organic loading in the two effluent samples each collected effluent. Maximum-permissible con- (whether grab or composite technique centrations are not intended to be is used) on a separate day during representative of average daily a period of 7 consecutive days conditions of the treatment plant (weekly) shall not exceed 45 mg1l. effluent; grab samples need not @be d. Maximum-permissible concen- taken at any set time or flow, but trations of BOD or TSS values in any the actual time and flow conditions effluent grab sample at any time during which such samples are taken shall not exceed 60 mg/l. shall be recorded. 2. In order to determine com- 3. Nothing in this or any other pliance of a domestic wastewater chapters of the Florida Administra- facility with treatment standards tive Code shall preclude the use, by more stringent than secondary as the department, of additional or specified for additional levels of more representative sampling data in treatment (i.e., Section 17-6.060(l) establishing compliance status. (b)), WOBELs (i.e., Section 17-6.060 (b) Effluent Compliance Concen- (2)), discharges to contiguous Class trations I waters (i.e., Section 17-6.080(l) The applicability of the ef- (c)), discharges via shallow well fluent compliance concentrations injection systems (i.e., Section contained below to all facilities, 17-6.080(4)(b)), and certain land whether new or existing, shall de- application systems (i.e., Section pend on the treatment requirements [email protected](4)(q)), the 'following referenced, pursuant to Section operational criteria shal'I be 17-6.010(5). applicable. 1. In order to determine com- a. The arithmetic mean of the pliance of a domestic wastewater pollutant values for effluent sam- facility with the secondary tre4t- ples collected (whether grab or 1-29-84 17-6.180(l)(a)2. 17-6.180(l)(b)2.a. 4 0 0 DER 1984 VASTIEWATER FACILITIES 17-6 composite technique is used) during facility with the basic disinfection an annual period, as described in level specified in Section 17-6.060 Subsection (a)%, above, shall not (1)(03.a., the following opera- exceed the design concentration tional criteria (using either MF or established for the effluent. equivalent MPN methods) shall be b. The arithmetic mean of the applicable. pollutant values for a minimum of a. The arithmetic mean of the four effluent samples each collected monthly fecal coliform values (com- (whether grab or composite technique puted as per b., below) collected is used) on a separate day during a during an annual period, as describ- period of 30 consecutive days ed in Subsection Wl., above, shall (monthly) shall not exceed one and not exceed 200 per 100 ml of efflu- one-quarter times the design concen- ent sample. tration for the effluent. b. The geometric mean of the c. The arithmetic mean of the fecal coliform values for a minimum pollutant values for a minimum of of ten effluent samples each col- two effluent samples each collected lected an a separate day during a (whether grab or composite technique period of 30 consecutive days is used) on a separate day during a (monthly) shall not exceed 200 per period of 7 consecutive days (week- 100 ml of sample. ly) shall not exceed one and one- c. No more than ten percent of half times the design concentration the samples co I lected during a specified for the effluent. period of 30 consecutive days shall d. Maximum-permissible pollut- exceed 400 fecal coliform values per ant concentrations in any effluent 100 ml of sample. grab sample shall not exceed two d. Any one sample shall not times the design concentration spe- exceed 800 fecal coliform values per cified for the effluent. . 100 ml of sample. 3. In order to determine com- 5. In order to determine com- pliance of a domestic wastewater pliance of a domestic wastewater facility with the alternative sec- facility with the intermediate dis- ondary preapplication treatment infection level specified in Section standards 'specified in applicable 17-6.0600)(03.c., the following portions of Section 17-6.040(4)(q), operational criteria (using the MPN the design criteria specified there- method) shall be applicable. in shall apply as operational crite- a. The arithmetic mean of the ria at all times (i.e., the design monthly 'fecal coliform values (com- criteria applies on an annual, puted as per b., below) collected monthly, weekly, and maximum-per- during an annual period, as describ- missible concentration bases). Other ed. in Subsection (a)1., above, shall operational criteria in this section exceed 14 per 100 ml of effluent shall be applicable upon release of sample. the effluent from operational con- b. The median value of the trol in order to determine compli- fecal coliform values for a minimum ance with other requirements of this number of ten effluent samples each chapter. collected on a separate day during a 4. In order to determine com- period of 30 consecutive days pliance of a domestic wastewater (monthly) shall not exceed 14 per 17-6.1800)(b)2-a. 17-6.180(l)(b)5.b. 1-29-84 4 0 DER1984 WASTEWATER FACILITIES 17-76 100 mi of sample. weekly, and maximum-permissible c. No more than ten percent of concentration bases). the samples col lected during a 9. Effluent compliance crite- .period of 30 consecutive days shall ria, for domestic wastewater facili- exceed 43 fecal coliform values per ties established in accordance with 100 mi of sample. Sections 17-6.080(2)(f) and W(d), d. Any one sample shall not FAlt, shall be as approved by the exceed 86 fecal coliform values per Secretary on a case-by-case basis 100 mi. by Order. 6. In order to determine com- (2) Violations pliance of a domestic wastewater The following acts and the facility with the high-level dis- causing thereof are prohibited. i nfect ion criteria and low-level (a) The release or disposal of disinfection criteria specified in excreta, sewage, or other waste- Section 17-6.0600)(03.b. and waters or sludge without providing 17-6.0@0(1)(c)3.d., respectively, proper treatment approved by the the design criteria specified there- department or otherwise violating in shall apply as operational crite- provisions of this chapter of other ria at all times. Other operationil chapters of the Florida Administra- criteria in - this section shall be tive Code. applicable to effluent involving (b) The failure to construct low-level disinfection preapplica' wastewater facilities substantially tion treatment upon release of the' in accordance with department ap- eIffluent from operational control in proved plans . and specifications order to determine compliance with unless project alterations receive other requirements of this chapter. the written approval of the depart- 7. In order to determine com- ment. .pliance of a domestic wastewater (c) The deliberate introduction facility with the secondary treat- of stormwater in any amount into ment standards specified in Sections collection /transmission systems de- 17-6.060(l)(a)2.b regarding outfalls signed solely for the introduction discharging to open ocean waters, (and conveyance) of domestic/indus- all operational criteria contained trial wastewater; or the deliberate in (b)1., above, shall be applicable introduction of stormwater into except that the annual average limi-,. collection /transmission systems tation shall be identicial to the'' designed for the introduction or monthly criterion (30 mg/1). conveyance of combinations of storm 8. In order to determine com- and domestic/ industrial wastewater pliance of a domestic wastewater. in amounts which may reduce the facility with disinfection criteria efficiency of pollutant removal by (other than the basic level) spe- the treatment plant. cified in Section 17-6.080(2)(b), (d) The acceptance, by the for outfalls discharging to open operating authority of a collection/ ocean waters, the disinfection leviA transmission 'system or by the per- approved by the department shall - mittee of a treatment plant, of apply as operational criteria at ml connections of wastewater discharges times (i.e., the design criteria which, have not received necessary applies on an annual, montfi!-@ pretreatment or wh ich contain 17-6.180(Mb)5.:b. -- 17-6.180(2)(d) 1-29-84 4 0 2 DER1984 WASTEWATER FACILITIES 17-6 materials or pollutants (other than at a minimum, the requirements for normal domestic wastewater constitu- slow-rate land application in public ents) : access areas (i.e., Section 17-6.040 1. which may cause fire or ex- (4)(q) and unless the permittee plosion hazards; or affirmatively demonstrated to the 2. which may capse excessive department that processing of the corrosion or other deterioration of crops will inactivate (or remove) wastewater facilities due to chemi- pathogens and that all precautions cal action or pH levels; or necessary to protect public health 3. which are solid or viscous will be taken. Any operating permit and obstruct flow or otherwise which may be issued shall identify interfere with wastewater facility the crop and stipulate the condi- operations or treatment; or tions under which land application 4. which result in treatment may be practiced. plant discharges having temperatures (i) The operation of land ap- above 400C. plication effluent discharge equip- (e) The failure to maintain ment when authorized persons (other equipment in a condition which will than operators who have taken pre- enable the intended function. cautionary measures to minimize M The planned (as opposed to contact with the effluent) are known emergency) bypassing of components to be within the wetted area (when critical to functioning of the there is a reasonable possibility of treatment plant as designed, or any direct contact with the effluent) other critical part of a wastewater unless preapplication treatment facility, without notification to levels meet the requirements for the department. (The department may slow-rate land application in pub- not require notification where lic access areas (i.e., Section design redundancy and reliability 17-6.040(4)(q)). characteristics provide reasonable (j) The operation of land ap- assurance that disposal of excreta, plication projects such that waste- sewage, other wastewaters, or water effluents, including effluent sludge, without having received from spray irrigation and aerosol proper treatment approved by the drift, reach within 100 feet of out- department, will not occur.) door public eating, drinking, or (g) The submission, by the bathing facilities. owner, manager, or operator of a (k) The grazing of dairy cattle domestic wastewater facility, or whose milk is intended for human agent or employee thereof, of mis- consumption on pastures onto which leading, false, or inaccurate in- effluent has been applied Until 15 formation or operational reports to days after application. the department, either knowingly or Specific Authority: 403.061, through neglect. 403.087, F.S. Law Implemented: (h) Land application of efflu- 403.021, 403.061, 403.062, 403.085, ent which results in direct effluent 403.086, 403.087, 403.088, 403.121, contact with crops intended directly 403.131, 403.161, F.S. History: for human consumption unless pre- New 1-1-82, Amended 5-31-82, application treatment levels meet, 1-29-84. 1-29-84 17-6.180(2)(d) 17-6. 180 (History) 4 0 3 DER1924 WASTEWATER FACILITIES 17-6 PART 11 Protection Agency (EPA) pursuant to INDUSTRIAL WASTE Section 304(b)(1). TREATMENT REQUIREMENTS 3. The second level is defined as "best available technology 17-6.20 is renumbered as economically achievable" (BAT). 17-6.500. FWPCA Sect ion Y01(b)(2)(A), 33 Specific Authority: 403.061, U.S.C.A. Section 1311(b)(2)(A). By 403.062, 403.087, 403.504, 403.704, July 1, 1983, dischargers are ee- 403.804, 403.805, F.S. Law Imple- quired to apply BAT, as defined by mented: 403.021, 403.061, 403.086, -effluent limitations issued by the 403.087, 403-088, 403.091, 403.121, Administrator pursuant to Section 403.141, 403.161, 403.182, 403.502, 304(b)(2). 403.704, 403.708, F.S. H istory: 4. Section 306 requires the New 3-1-79, Renumbered 1-1-82. Administrator to establish effluent limitations containing performance 17-6.30 is renumbered as standards for new sources. For this 17-6.040. purpose, "new sources" are defined Specific Authority: 403.061(7), F.S,. as any source the construction of Law Implemented: 403.061, 403.085, which commenced after the publi- 403.086, 403.087, F.S. History: cation of proposed regulations New 6-23-80, Renumbered 1-1-82. prescribing standards for these sources. FWPCA Section 306(a)(2). 17-6.300 Effluent Limitations. 33 U.S.C.A. Section 1316(a)(2). The following effluent limita- After the effective date of new tidns apply to plants and installa- sources performance standards, it-is tidns wh ich discharge industrial a violation of the Federal Water was1es into waters of the state. Pollution Control Act to operate any (1) Effluent Limitations Based new source in violation of such on the Availability of Technology. *standards. FWPCA Section 306(e). (01. Section 301 of Public Law 5. Section 307(a) requires and 92-500, the Federal Water Pollution authorizes the Administrator to Control Act Amendments of 1972, establish and promulgate effluent (FWPCA) requires all existing point limitations for toxic pollutants, source discharges of pollutants to which may include a prohibition of meet uniform technology -based efflu-;` the discharge of such pollutants or ent limitations as a minimum. Two combination of such pollutants. levels of effluent limitations are After the effective date of such ef- established. fluent standards, it is a violation 2. The first level is defined of the FWPCA to operate any source as "best practical control tech- in violation of such standard or nology currently available" (BPT). prohibition. FWPCA Section 301 (b) (1) (A), 33 6. Section 307(b) requires and U.S.C.A. Section 1311(b)(1)(A). By authorizes the Administrator to no later than July 1, 1977, dis- establish and promulgate pretreat- chargers are required to -apply BOT @ment standards for introduction of as defined by specific effluent lOn- pollutants into publicly owned sew- itations issued by the Administrator age treatment facilities which are of the United States Environmorht4l not susceptible to treatment by such 17-6.20 -- 1'7-6.300(l)(a)6. 1-29-84 4 0 4 DER1994 WASTEWATER FACILITIES 17-6 facilities or which would interfere with these regulations and NPDES with the operation of such treatment permits issued pursuant to Section works. 402 of the Act must be conditioned (b) The objective of the FWPCA upon requirements of Section 301 is to restore and maintain the and 306 (as well as certain other chemical, physical and biological requirements). integrity of the nation's waters, (e) The department has reviewed and the Act established, as a na- and evaluated the EPA effluent tional goal, that the discharge guidelines and standards which have of pollutants into the navigable been published as final regulations waters be eliminated by 1985, Sec- in the United States Code of Feder- tion 101(a), FWPCA. al Regulations, and are in full (c) The FWPCA preserves to each force and effect on the date of state the power to adopt or enforce adoption of this section. With any effluent standard or limitation respect to each particular class or respecting discharge of pollution or category , of sources as hereinafter control or abatement of pollution listed, the following EPA Effluent which is stricter or more stringent Guidelines and Standards, as they than the comparable federal effluent are contained in the United States limitation or standard, Section 510, Code of Federal Regulations and FWPCA. are in effect on the date indicated, (d) Pursuant to the above sec- are incorporated herein, and adopted tions of the FWPCA, the EPA has by the department, except where promulgated and prescribed effluent expressly supplemented or modified guidelines and standards (limita- by the Environmental Regulation tions) for new and existing point Commission, and are incorporated by sources which discharge pollutants. reference as though fully set forth Dischargers are required to comply herein: EFFLUENT LIMITATIONS; U. S. CODE OF GUIDELINES AND STANDARDS FEDERAL REGULATIONS 1. Environmental Protection Agency 40 CFR 401 General Provisions for Effluent (Effective 6-16-76) Guidelines and Standards 2. Effluent Guidelines and Standards 40 CFR 405 for Dairy Products (Effective 6-16-76) 3. Effluent Guidelines and Standards 40 CFR 407 for Canned and Preserved Fruits (Effective 6-16-76) and Vegetables 4. Effluent Guidelines and Standards 40 CFR 408 for Canned and Preserved Seafood (Effective 6-16-76) 17-6.300(l)(a)6. -- 17-6.300(l)(04. 1-29-84 4 0 5 DER1984 WASTEWATER FACILITIES 17-6 S. Effluent Guidelines and 40 CFR 409 Standards for Sugar Processilng (Effective 6-16-76) 6. Effluent Guidelines and 40 CFR 410 Standards for Textiles (Effective 6-16-76) 7. Cement Manufacturing 40 CFR 411 Effluent Guidelines and Standards (Effective 6-16-76) 8. Effluent Guidelines and 40 CFR 412 Standards for Feedlots (Effective 6-16-76) 9. Effluent Guidelines and 40 CFR 413 Standards for Electroplating (Effective 6-16-76) 10. Effluent Guidelines and 40 CFR 417 Standards for Soaps and D@g;erg'ents (Effective 6-16-76) 11. Effluent Guidelines and Standards 40 CFR 418 for Fertilizer Manaufacturing (Effective 6-18-76) (Including Sections 418.11, 418.12, 418.13, and 418.15 as amen(ji@,O by EPA on May 19, 1976, in Federal Register, Vol. 41, No. 98, Pages 20.582-20.585 12. Effluent Guidelines and Standards 40 CFR 419 for'Petroleum Refining (Effective 6-16-76) 13. Effluent Guidelines and Standards 40 CFR 421 for NonFerrous Metals (Effective 6-16-76) 14. Phosphate Manufacturing 40 CFR 422 Effluent Guidelines and Standards (Effective 6-16-76) 15. Effluent Guidelines and 40 CFR 423 Standards for Steam Electric (Effective 6-16-76) Power Generating 16. Effluent Guidelines for 40 CFR 424 Ferroalloy Manufacturing (Effective 6-16-76) 17. Effluent Guidelines and 40 CFR 426 Standards for Glass Manufacturing (Effective 6-16-76) 18. Effluent Guidelines and Standards 40 CFR 427 for Asbestos Manufacturing (Effective 6-16@76) 9'@ 1-29-84 17-6.3000)(05. 17-6.300(l)(e)18. 4 06 DER 1984 WASTEWATER FACILITIES 17-6 19. Effluent Guidelines for Rubber 40 CFR 428 Processing (Effective 6-16-76) 20. Effluent Guidelines and Standards 40 CFR 429 for Timber Products (Effective 6-16-76) 21. Effluent Guidelines and Standards 40 CFR 430 for Pulp, Paper and Paper Board (Effective 6-16-76) 22. Effluent Guidelines and Standards 40 CFR 431 for Builders Paper and Board (Effective 6-16-76) Mills 23. Effluent Guidelines and 40 CFR 434 Standards for Coal Mining (Effective 6-16-76) 24. Effluent Guidelines and 40 CFR 435 Standards for Offshore Oil and (Effective 6-16-76) Gas Extraction 25. Effluent Guidelines and Standards 40 CFR 436 for Mineral Mining and Processing (Effective 6-16-76) 26. Effluent Guidelines and Standards 40 CFR 440 for Ore Mining and Dressing (Effective 6-16-76) 27. Effluent Guidelines and Standards 40 CFR 443 for Paving and Roofing Materials (Effective 6-16-76) 28. Effluent Guidelines and 40 CFR 446 Standards for Paint Formulating (Effective 6-16-76) 29. Effluent Guidelines and 40 CFR 447 Standards for Ink Formulating (Effective 6-16-76) 30. Effluent Guidelines and Standards 40 CFR 457 for Explosives Manufacturing (Effective 6-16-76) M Copies of the above efflu- shall apply to concentrated animal ent limitations as published in the feeding operations: United States Code of Federal Regu- 1. Definitions: lations may be obtained by writing a. The term "animal feeding the United States Environmental operation" means a lot or facility Protection Agency, Washington, D.C. (other than an aquatic animal pro- (g) In addition, the following duction facility) where the follow- regulations which are substantially ing conditions are met: similar to regulations contained in 0) Animals have been, are or 40 CFR 124.82 in effect 11/1/78, will be stabled or confined and fed 17-6.300(l)(e)19. -- 17-6.300(1)(g)1.a.(i) 407 DER1984 WASTEWATER FACILITIES 17-6 or maintained for a total of 45 days feeding operation calculated by add- or more in any 12 month period, and ing the following numbers: the num- 00 Crops, vegetation, forage ber of slaughter and feeder cattle growth or post-harvest residues are multiplied by 1.0, plus the number not sustained in the normal growing of mature dairy cattle multiplied season over any portion of the lot by 1.4, plus the number of swine or facility. weighing over 55 pounds multiplied (iii) Two or more animal feed- by 0.4, plus the number of sheep ing operations under common owner- multiplied by 0.1, plus the number ship are deemed to be a single ani- of horses, multiplied by 2.0. mal feeding operation if they are d. The term "man-made" means adjacent to each other or if they constructed by man and used for the utilize a common area or system for purpose of transporting wastes. the disposal of wastes. 2. Application for Permit. b. The term "concentrated ani-7 a. Any person discharging or mal feeding operation" means an proposing to discharge pollutants animal feeding operation where mor,@,', from a concentrated animal feeding animals are confined than are speci- operation, who has not already done fied'in the following categories: so, shall file an application with (i) 1,00 slaughter and feeder the department by December 20, 1978. cattle, I b. Each application must be 00 700 mature dairy cattk@. filed on a PERM 14-13 and completed (whether milked or dry cows), in accordance with the instructions (iii) 2,500 swine weighing over provided in such form. 55 pounds each, 3. Case-by-case Designation of (iv) 500 horses, Concentrated Animal Feeding Opera- (v) 10,000 sheep or lambs, tions. Notwithstanding any other (vi) 55,000 turkeys, provision of this section, the Sec- (vii) 100,000 laying hens or retary or authorized designee may broilers (if the facility has con- designate as a concentrated animal tinuous overflow watering), feeding operation any animal feeding (viii) 30,000 laying hens or operation. not otherw ise failing broilers (if the facility has a within the definition provided in liquid manure handling system)., sub-subparagraph (g)l.b. above. In (ix) 5,000 ducks, or making such designation, the Secre- W 1,000 animals units. tary or authorized designee shall Provided, however, that.no ani- consider the following factors: mal feeding operation is a concen- a. The size of the animal feed- trated animal feeding operation as ing operation and the amount of defined above, and thereby subject wastes. reaching waters of the State; to the requirement to obtain a dis- b. The location of the animal charge permit pursuant to Chapter feeding operation relative to waters 403, Florida Statutes, if such ani- of the State; mal feeding operation discharges - c. The means of conveyance of only in the event of a 2S year, Z4.., animal wastes and process waste hour storm event. waters into waters of the State; c. The term "animal unit" means. d. The slope, vegetation, rain- a unit of measurement for any aniTaI4 fall, and other factors relative to 1-29-94 17-6.3000)(g)l.a.(i) 17-6.3000)(g)3.d. 40 8 DER1994 WASTEWATER FACILITIES 17-6 the likelihood or frequency of dis- effluent limitations. In establish- charge of animal wastes and process ing the effluent limitations con- waste waters into waters of the tained in paragraph (1)(e), which State; and define best practical control tech- e. Other such factors relative nology currently available (BPT) and to the significance of the pollution best available technology econom- problem sought to be regulated. ically achievable (BAT), the United f. Provided, however, that no States EPA relied on the industry- animal feeding operation with less wide information with respect to than the number of animals set forth specific factors. in WMA. above shall be designat- (i) In determining BPT, the ed as a concentrated animal feeding following factors were considered: operation unless such animal feeding a. Total costs of application operation meets either of the fol- of technology in relation to the lowing conditions: effluent reduction benefits to be M Pollutants are discharged achieved from such application. into waters of the state through a b. The age of equipment and man-made ditch, flushing system or facilities involved. other similar man-made device; or c. The process involved. 00 Pollutants are discharged d. The engineering aspects of directly into waters of the state the application of various types of which originate outside of and pass control techniques. over, across, through the feeding e. Process changes. operation or come into direct con- f. Non-water quality environ- tact with the animals confined in mental impact (including energy the operation. requirements). 4. In no case shall a permit g. Such other factors as the application be required from a con- Administrator deemed appropriate. centrated animal feeding operation (j) The following factors were designated pursuant to this, section considered in determining BAT: ,until there has been an onsite a. Age of equipment and facili- inspection of the operation and a ties involved. determination that the operation b. Process employed. should and could be regulated under c. The engineering aspects of the permit program. In addition, no the application of various types of application shall be required from control techniques. an owner or operator of a concen- d. Process changes. t rated animal feeding operation e. The cost of achieving such designated pursuant to this section effluent reduction. unless such owner or operator is f. Non-water quality environ- notified in writing of the require- mental impact (including energy ment to apply for a permit, and the requirements). basis for imposing such requirement. g. Such other factors as the (h) All department permits is- Administrator of the EPA deemed sued pursuant to Sections 403.087 appropriate. and 403.088, Florida Statutes, (k) It is possible that the shall, as a minimum, require com- above factors pertaining to a par- pliance with the above referenced ticular source . or category of 17-6.300(l)(g)3.d. -- 17-6.300(l)(k) 1-29-84 4 0 9 DER1984 WASTEWATER FACILITIES 17-6 sources located within the state are Sect ion 403.088, Florida Statutes fundamentally different from the and subsection (2) of this section. industrywide factors considered by more stringent effluent limitations the EPA in establishing the limita- may be required and applied by de- tions. If, based on a preponderance partment permits issued pursuant to of competent substantial evidence, Section 403.087 and 403.088, Florida the department determines that such Statutes, in order to meet any ap- fundamentally different factors plicable water quality standards. exist in relation to a particular W1. All sources of industrial source, it may establish for such waste reasonably expected to be source, by order or permit condi- sources of water pollution which are tion, and after notice and public not contained in the classes or hearing, an effluent limitation categories of sources contained in which is more or less stringent than paragraph (1)(e) above, shall, as a the EPA effluent limitation, to the minimum level of treatment, provide extent dictated by such fundamental- secondary waste treatment as re- ly different factors. In no case quired by Section 403.085, Florida shall a department permit contain am Statutes. Such secondary treatment effluent limitation less stringen-t shall be applied against the. total than one contained in an NPIDES per- untreated waste produced by a given mit issued to a source by the EPA. plant. For the purposes of this (1) All industrial sources@ subsection, "secondary treatment" which are included in those classes@. shall be equivalent to "secondary or categories of industry listed, in treatment", as defined in Part I paragraph (1)(e) shall comply with Section 17-6-060(l)(a), F.A.C., and the applicable guidelines, standards applicable to domestic waste (sew- and limitations in accordance with age.) plants. A comparable degree of the time schedules contained there- treatment for industrial waste not in. However, no source shall be amenable to biological treatment relieved from complying with any will be determined and applied pollution abatement plan or sched- through the issuance of department ule, including a plant or process permits. modification which is contained in 2. The minimum treatment re- any currently valid department per- quirement is unrelated to the qual- mit, or order or judicial judgment. ity of the water in the receiving However, this does not preclude water body. Under Section 17-6.300 modification of a department permit, (1)(b), F.A.C., more stringent limi- order, or judicial judgment in ac- tations may be required and applied cordance with applicable rules and in order to meet and comply with any regulations. applicable water quality standards. (m) The effluent guidelines, (o) Notwithstanding technology standards, and limitations contained based effluent limitations contained in paragraph (1)(e) represent mini- in this Section, industrial wastes mum levels of treatment based upon, discharged into ground waters shall available technology, and are not receive secondary treatment or such based on the quality of the waters, other treatment as deemed necessary which receive the industrial waste by the department. discharges. In accordance witK (p) All sources of industrial Section 301(b)(1)(c) of the FWPCA, waste reasonably expected to be 1-29-84 17-6.300(l)(k) -- 17-6.300(l)(p) 4 1 0 DER 1984 WASTEWATER FACILITIES 17-6 sources of pollution to Class G-11 and implemented through Section 309 or G-IV waters, which are not con- and the National Pollutant Discharge tained in the classes or categories Elimination System established by of sources contained in paragraph Section 402 of the Act. (1)(e) above, shall provide a mini- (c) Pursuant to Section 403.087 mum level of treatment such that the and Section 403.088, Florida Stat- waste to be discharged does not utes, no wastes shall be discharged affect the mechanical integrity of into waters of the state which will the well, does not jeopardize the violate applicable state water qual- integrity of the confining zone, ity standards or reduce the quality and does not alter the hydrologic of the receiving waters below the characteristics of the injection criteria established for its respec- zone to the point of endangering tive classification contained in underground sources of drinking Chapter 17-3, F.A.C. water. The department may determine (d) The effluent limitations on a case-by-case basis the level of based on water quality standards pre-treatment required. shall be determined by application (2) Effluent Limitations Based of accepted scientific methods based on Water Quality Considerations. upon, but not limited to, a consid- (a) Pursuant to Section 403.061 eration of the following: (11), Florida Statutes, and as re- 1. The condition of the re- quired by the Federal Water Quality ceiving body of water including Act of 1965, Public Law 89-234, 79 present and future flow conditions Stat. 903, and Section 303 of the and present and future sources of FWPCA, the department has adopted pollutants. water quality standards contained in 2. The nature, volume and fre- Chapter 17-3, F.A.C., which have quency of the proposed discharge of subsequently been approved by the waste including any possible syner- EPA. The standards contain water gistic effects with other pollutants quality criteria which are appli- which may be present in the receiv- cable to each classification of ing body of water. receiving waters. Section 403.088 (3) For the purposes of this (3)(b), Florida Statutes, requires section, the term "Treatment" means the department to deny an applica- the use of any device, system, tion for a permit if it finds that process or method for preventing, the proposed discharge will reduce abating, reducing, treating, sepa- the quality of the receiving waters rating, recycling, reclaiming, re- below the classification established using, recovering, or eliminating for them. pollutants in industrial waste. (b) Section 301(b)(1)(c) and Specific Authority: 403.061, Section 302 of the FWPCA provide 403.062, 403.087, 403.504, 403.704, that all discharges of industrial 403.804, 403.805, F.S. Law Imple- wastes may be required to meet, in mented: 403.021, 403.061, 403.086, addition to technology based efflu- 403.087, 403-088, 403.091, 403.101, ent limitations, more stringent 403.121, 403.141, 403.161, 403.182, limitations required to implement 403.502, 403.702, 403.708, F.S. applicable state water quality stan- History: Formerly 28-5.04, 17-3.04, dards established pursuant to the Amended and Renumbered . 3-1-79, Act. This requirement is enforced Amended 1-1-82, 5-31-82, 1-29-84. 17-6.300(l)(p) 17-6.300 (History) 1-29-84 4 1 1 DER1984 WASTEWATER FACILITIES 17-6 17-6.310 Phosphate Mining Waste- methods specified in this rule of Treatment Requirements. total non-volatile, non-filterable The Effluent Guidelines and residue (fixed solids) and total Standards for Mineral Mining and non-filterable residue (suspended Processing, 40 United States Code of solids) or total phosphorus (P) of Federal Regulations, as incorporated any sample collected as defined in in subparagraph 17-6.300(l)(e)25. (c) during a 24-hour period. apply, except as to the following: (e) The "30-Day Average" means (1) Purpose. the flow-weighted arithmetic mean of (a) The purpose of this rule all the measured pollutant values is' to establish effluent guidelines obtained during any calendar month and standards for mining and pro- and analyzed in accordance with this cessing phosphate bearing rock, ore, rule. However, if during any calen- earth, or any material for phosphate dar month there are three or less content. measured pollutant values, then the (b) 40 United States Code of average shall be computed using the Federal Regulation Sections 436.180, most recent four values. 436.181, and 436.182 apply herein, (f) A "New Pollution Source" except where the provisions of this means any mine and beneficiation rule are more specific. process for which the construction (2) Definitions. or operation of the industrial The definitions set forth in wastewater treatment facilities was Title 40, United States Code o ,f not permitted before July 20, 1981. Federal Regulations, Part 401 and Any mine or beneficiation process Section 436.181, are adopted by for which a complete application to reference, except where in conflict construct the industrial waste with the definitions in this rule. treatment facilities was filed with In addition, the definitions in the department on or before December Section 403.031, Florida Statutes, 31, 1981, shall be deemed as exist- and the following definitions shall ing. New pollution sources do not apply to this rule: include expansions or modifications (a) "Mine" is any area of land, of existing sources. surface or underground, used for or (g) "Total Non-filterable Resi- resulting from the extraction of due (Total Suspended Solids)" means phosphate content from phosphate those solids which are retained by bearing materials. an approved filter and dried to a (b) "Points of Discharge" mean constant weight at 1030 to 1050 C as any outfall structure or location described at page 94 of the 14th where the effluent from the mining edition of Standard Methods for the or beneficiation process leaves the Examination of Water and Wastewater. treatment system and enters waters (h) "Non-filterable, Non-vol- of the State. The point of discharge atile Residue (Fixed Solids)" means shall be specified in department those solids which represent the permits for all discharges from a difference between the total non- mining or beriefication process. filterable residue and the total (c) "Sample" means a represen- volatile residue determined in tative sample of the discharge. accordance with the test methods (d) The "l-Day Maximum" means specified at page 95 of the 14th the highest values obtained by ii@e edition of Standard Methods for the 1-29-84 17-6.310 17-6.310(2)(h) 4 1 2 DER1984 WASTEWATER FACILI.TIES 17-6 Examination of Water and Wastewater. shall- be multiplied by a factor of (i) "Total Phosphorus" means 1. 1 to be reported as total non- the total phosphorus in an unfilter- volatile, non-filterable residue. ed sample measured in milligrams per (4) Monitoring requirements for liter using the manual or automated effluent limitations shall be, as a ascorbic acid method following per- minimum, the collection and analysis sulfate digestion as referenced at of one sample per week for each pages 476, 481, and 624 of the 14th point of discharge when there is a edition of Standard Methods for the discharge. When there is no dis- Examination of Water and Wastewater charge, the sample shall be taken or. measured in accordance with a the day of the next discharge. comparable analytical method approv- (5) The following effluent lim- ed by the United States EPA or the Rations apply to effluent dis- department. charges by a pollution source after (j) "Normal Working Level" of application of the best practicable an impoundment means that level control technology currently avail- resulting from the normal height or able (BPT) and the best available number of damming boards maintained technology economically achievable it the outfall(s) under normal oper- (BAT) or which may be discharged by ating conditions. a new pollution source, unless a (3) To correct for losses dur- more stringent standard is specified ing the testing and analysis, the in accordance with paragraph (7), analytic results from the above measured at the point(s) of dis- specified tests for non-filterable, charge as specified in a department non-volatile residue (fixed . solids) permit: 1 Day Max. 30 Day Total non-volatile, non-filterable residue (mg/1) 25 12 Total non-filterable residue (mg/1) 60 30 Total P* mg/1 5 3 pH 6.0 - 9.0 6.0 - 9.0 *Total Phosphorus shall be for moni- year's discharge data; (2) an as- to'ring and reporting only, except: sessment of the cause and origin of if monitoring data shows total phos- the phosphorus constituent of the phorus levels exceed 3 mg/1 monthly discharge, (3) description of the average for more than one 30-day discharger's current maintenance, period per calendar year, the dis- operation and management practices charges, upon written notification directly related to the control of by the department, shall prepare and phosphorus, (4) an evaluation of the file within 120 days (unless the environmental significance of the time is extended by the department) phosphorus levels; and (5) an Iden- a study consisting of the following: tity of reasonable methods to abate, (1) a chronology of at least one to the extent practicable, the 17-6.310(2)(h) 17-6.310(5) 1-29-64 4 1 3 DER1984 WASTEWATER FACILITIES 17-6 influx of phosphorus into the dis- Administrative Code: charge. Upon receipt of the report 1. A review of the treatment the department shall require the technologies being applied by sim- applicant to publish a public notice ilar domestic mining industries, in a newpaper of general circulation- listing the effluent concentration in the affected area which states of pollutants, as well as a review that the report was received and of current literature relating to where it Is available for public the subject of treating wastes from inspection. The department shall similar domestic mining industries. evaluate the report and may amend 2. A determination of the low- the discharger's permit to reflect est effluent limitations achievable additional requirements (subject to for the facility by the application administrative and judicial review),' of the latest economically feasible including the implementation of technology. cost-effective management practices 3. The basis for determining or technological advances which the effluent limitations specified reduce or eliminate the phosphorU� in 2. above, and the basis for the in the discharge to the maximuA determination of the economic feasi- extent practicable. bility of the technology. (6) Any overflow caused by (b) The department shall make precipitation exceeding a 10-year' the determination of the lowest 24-hour precipitation event f rorh effluent limitation levels achiev- facilities designed, constructed, able for the facility by' the appli- and operated to contain or treat cation of the latest economically to the applicable limitations the feasible technology. The limitations precipitation and runoff resulting determined by the department shall from a 10-year 24-hour precipitation be for the parameters listed in event shall not be subject to the paragraph (5) and any other pollut- effluent limitations of this sec- ant reasonably expected to be in the tion. No such overflow shall lower discharge and shall not be less the level of any impoundment below stringent than the concentrations the normal working level of that im- contained in paragraph (5) except poundment or any other impoundment, as provided in paragraph (7)(d). or below those levels that existed In making the determination, the immediately prior to the 10-year 24- department shall give consideration hour precipitation event. Provided, to: however. no source shall be relieved 1. All material submitted by from compliance with Chapter 17-9, the applicant. Florida Administrative Code. 2. All scientific, engineering, (7) New pollution sources shall and technical- material, and other comply with the effluent limitations material available to the depart- determined by the department in ment, including the effluent pol- accordance with this paragraph. lutant levels achieved by similar (a) The applicant shall proV!d'6 domestic mining industry or analo- the department with the followinidi gous treatment technologies. information in addition W t" 3. The social, environmental, information required by Chapters and economic impact of the appli- 17-1, 17-3, 17-4, and 17-6, Florfdi cation and implementation of the 17-6.310(5) -- 17-6.310(7)(b)3. 4 1 4 DER1984 WASTEWATER FACILITIES 17-6 achievement of the concentrations required by this paragraph. The and discharge levels specified. The notice shall contain, as a minimum, consequences of water conservation the following information: the name practices shall be considered. of the applicant, the location of (c) The effluent limitations the proposed facility, the proposed determined in accordance with this receiving water, that an application paragraph shall be specifed in terms has been received, the date receiv- of 1-day maximum and 30-day average ed, the place where the application in the department permit for the can be reviewed, and of the determi- facility and shall be the effluent nation required by this paragraph. standards, for the facility except as General Authority: 403.061, F.S. provided in paragraph (7)(d). Law Implemented: 403.021, 403.061, (d) If, pursuant to this para- 403.087, 403.088, 403.101, 403.111, graph, the department imposes more 403.121, 403.141, 403.161, 403.182, stringent effluent limitations than 403.502, 403.702, F.S. History: ,those in paragraph (5) after deter- New 7-21-81, Amended 1-29-84. mining that such more stringent effluent limitations can be attained PART III by the application of innovative WATER QUALITY-BASED technology that has not been demon- EFFLUENT LIMITATIONS strated on an operational plant- scale basis at a phosphate mine, the 17-6.400 Surface Waters. actual measured concentration of (1) In addition to any tech- pollutant levels in discharged waste nology-based surface water effluent waters shall constitute compliance limitations required under the pro- with the provisions of this chapter visions of this chapter all activi- .and with the effluent limitations ties and discharges, other than contained in the department permit dredge and fill activities, shall Jor the source; provided that the also meet water quality-based ef- permittee installs, operates, and fluent limitations where necessary maintains the required innovative to meet water quality standards. technology in accordance with good (a) A water quality-based ef- engineering practices, public health fluent limit shall 'be determined and safety are not jeopardized, by the department based upon the and the beneficial uses of the re- characteristics of discharge, the ceiving waters are not substantially receiving water characteristics, and impaired. the criteria and standards of Chap- , (e) Within 15 days after re- ters 17-3, 17-4, FAC, and this chap- ceipt of the application for a ter. The department shall supply construction permit for a facility the information regarding ambient which requires a determination in water quality which is necessary accordance with this paragraph, the for this determination. No zone of department, at the expense of the mixing shall be provided for any applicant, shall give notice of the parameters for which the applicant application in the Florida Adminis- fails or declines to provide the trative Weekly and in a newspaper of necessary characteristics of the general circulation in the affected discharge. area concerning the determination (b) The department may decline 17-6.310(7)(b)3. -- 17-6.400(l)(b) 1-29-84 4 1 5 DER1984 WASTEWATE.R FACILITIES 117-6 to specify effluent limitations in discharge for which an effluent permits required for: limit or the determination that no 1. Stationary installations such limit was needed was derived created by dredging and/or filling; from erroneous, false, or mislead- or, . ing information submitted by or on 2. Stationary installations for behalf of the permit applicant; or the discharge of drainage. 3. Instituting an enforcement (c) For the stationary instal- action fo r a violation of water lations described in paragraph (b), quality standards based upon a com- an applicant shall provide the de- ponent or characteristic of a dis- partment with reasonable assurance charge for which no effluent limit that the proposed discharge will has been specified in a permit comply with water quality standards. because the applicant failed or Reasonable assurance may be based declined to provide, in the applica- upon: tion for such permit, information 1. Scientific studies which may which adequately describes such com- include mathematical water quality ponent or characteristic so as to modeling and biological studies; or establish the relationship necessary 2. Proposed use of any pollu- to establish a water quality-based tion control- technique which assures effluent limit; or compliance with water quality stan- 4. Instituting an enforcement dards. action for a violation of the limi- (d) Except in instances where tations imposed via Part 1, Section irreparable injury may occur the 17-6.18. department shall not institute (e) In the case of drainage enforcement action for a violation discharges permitted under paragraph of water, quality standards for a '(c) and for which no effluent limi- component or characteristic of a tations have been specified in a discharge for which the department permit, the department shall not has declined to provide an effluent institute enforcement action during limit or for which an , effluent the term of the permit, except: limitation has been specified in 1. Where irreparable harm may a permit and with which effluent occur; or limitation the permittee is in com- 2. For violations of conditions pliance. However, the department of a permit. s shall not be precluded from: (2) Effluent limitations based 1. Instituting an enforcement upon water quality standards and the action for a violation of water provisions of Section 17-4.244, FAC, quality standards based upon a com- shall be determined by application ponent for which an effluent limita- of accepted scientific methods. it tion has been specified in a permit, is recognized that models and other but with which effluent limitation scientific methods of predicting the the permittee is not in compliance; concentratiorps of pollutants result or in estimated values of concentra- 2. Instituting an enforcement tions. Such estimates shall be action for a violation of water acceptable for the purpose of deter- quality standards based upon a mining effluent limitations provided component or characteristic of a that the most reliable and complete 1-29-84 17-6.400(l)(b) 17-6.400(2) 4 1 6 DER1984 WASTEWATER FACILITIES 17-6 data reasonably available to the de- (2) Effluent limitations based partment have been applied. Accepted on water quality standards and the scientific methods shall be based provisions of Section 17-4.245, FAC, upon, but not limited to, a consid- shall be determined by application eration of the following: of accepted scientific methods based (a) The condition of the re- upon, but not limited to, a consid- ceiving body of water including eration of the following: present and future flow conditions (a) The condition and direction and present and future sources of of flow of the receiving body of pollutants; and groundwater; and (b) The nature, volume, and (b) Other present and known frequency of the proposed discharge future sources of pollutants; and of waste, including any possible (c) Proximity of present and synergistic effects with other pol- known future water supply facili- lutants or substances which may be ties; and present in the receiving body of (d) The nature, volume, and water. frequency of the proposed discharge (3) Except in instances where of waste including any possible irreparable injury may occur, the synergistic effects with other pol- department shall not institute lutants or substances which may be enforcement action for a violation present in the receiving body of of water quality standards against groundwater; and the holder of a permit in force upon (e) Geologic conditions; and the effective date of this rule as (f) A zone of discharge wherein long as the permittee complies with natural treatment, dilution, or effluent limitations contained mixture of wastes -with receiving therein. Upon renewal or modifica- groundwaters may occur. tion of an existing permit, the Specific Authority: 403.061, other provisions and requirements of 403.062, 403.087, 403.504, 403.704, this section shall apply. 403.804, 403.805, F.S. Law Imple- Specific Authority: 403.061 mented: 403.021, 403.061, 403.086, 403.062, 403.087, 403.504, 403.704, 403.087, 403.088, 403.091, 403.121, 403.804, 403.805, F.S. Law Imple- 403.141, 403.161, 403.182, 403.502, mented: 403.021, 403.061, 403.086, 403.704, 403.708, F.S. History: 403.087, 403.088, 403.091, 403.101, Formerly 17-6.20, Renumbered. 403.121, 403.141, 403.161, 403.182, 1-1-82. 403.502, 403.704, 403.708, F.S. H istory: Formerly 17-6.10, Amended and Renumbered 1-1-82. 17-6. 500 Groundwaters. (1) In addition to any tech- nology-based groundwater effluent limitations required by department rule, all sources shall also. meet water quality-based effluent limi- tations where necessary to meet groundwater quality standards. 1-29-84 17-6.400(2) -- 17-6.500(History) 4 1 7 DER1984 ELECTRICAL POWER PLANT SITING 17-17 .CHAPTER 17-17 ELECTRICAL POWER PLANT SITING PART I or Amendment of Land Use 17-17.01 General. Plans, Notice, Hearing, Board 17-17.011 General. Action. 17-17.02 Definitions. 17-17.14 Analysis by the Department, 17-17.021 Definitions. Abandonment. 17-17.03 Prohibitions and Exceptions. 17-17.141 Certification Hearings - 17-17.031 Prohibitions and Exceptions. Subject Matter, Procedure, 17-17.04 Application for Site Certi- Participants. fication, Request for Supple- 17-17.15 Retention and Availability of mentary Information, Fee. Certification and Application, 17-17.041 Notice of Intent. Copying Fees. 17-17.05 Conduct of Studies. 17-17.151 Public Notice. 17-17.051 Application for Site Certifi- 17-17.16 Review and Evaluation. cation, Fee. 17-17.161 Evidence of Notice, Additional 17-17.06 Public Notice. Notice. 17-17.061 Hearing Officer Appointment, 17-17.17 Modification of Certification. Duties and Powers. 17-17.171 Conditions of Certification. 17-17.07 Evidence of Notice, Additional 17-17.18 Revocation or Suspension of Notice. Certification. 117-17.071 Completeness of Application. 17-17.181 Retention and Availability of 17-17.08 Hearings General ly-Con duct. Certification and Application, 17-17.081 Request for Supplementary Copying Fees. Information, Determination of 17-17.19 Completeness of Application. Sufficiency of Application - 17-17.191 Post-Certification Monitoring. Consultation with Applicant, 17-17.20 Determination of Insufficiency Procedures. of Application, Consultation 17-17.09 Land Use Hearings-Subject with Applicant, Procedures. Matter, Effect of Findings. 17-17.201 Review and Evaluation. 17-17.091 Conduct of Studies. 17-17.21 Processing of Supplemental 17-17.10 Appeal from Denial of Rezoning Application. or Variance from Local Zoning 17-17.211 Modification of Certification, or Land Use Plans, Hearing, Fee. Board Action. 17-17.221 Revocation or Suspension of 17-17.101 Analysis by Department. Certification. 17-17.11 Certification Hearings- 17-17.231 Processing of Supplemental Subject Matter, Procedure, Application. Participants. 17-17.241 Abandonment. 17-17.111 Hearings Generally - Conduct. 17-17.12 Hearing Officer Appointment, Duties and Powers. PART 11 17-17.121 Land Use and Zoning Hearings - 17-17.51 General. Subject Matter, Effect of 17-17.52 Definitions. Findings. 17-17.53 Prohibitions. 17-17 * 13 Post Certification Monitoring- 17-17.54 Application for Corridor 17-17.131 Appeal from Denial of Rezoning Certification, Amendments, or Variance from Local. Zoning Modifications. 6-26-U 4 1 8 DER1984 ELECTRICAL POWER, PLANT SITING 17-17 17-17.543 Alternate or Multiple Corridor PART I I nformation. 17-17'. 545 Fees, Disbursement of Funds., 17-17.01 General. Contracts. Specific Authority: 403.502, 17-17.55 Hearing Officer Appointment, 403.509(l), F.S. Law Implemented: Duties and Powers. (Repealed) 403.502, F.S. History: New 5-7-74, 17-17.56 Completeness of Application, Amended 12-27-77, Transferred to Resolueion Procedures. 17-17.011, 5-9-83. 17-17.57 Insufficiency of Application, Resolution Procedures. 17-17.011 General. 17-17.58 Conduct of Studies. (1) The purpose of this chapter 17-17.59 Agency Reports, Compiled is to implement the provisions of Agencies' Report with the Florida, Electrical Power Plant Summaries. Siting Act, as amended. 17-17.60 Conditions of Certification (2) The department promulgates Delegated Modifications. this chapter pursuant to the charge 17-17.61 Public Notice. (Transferred of the legislature to provide effi- to 17-17.75) cient, centralized review of the 17-17.62 Evidence of Notice, Addition- needs for increased electrical power al Notice. (Transferred to generation and the effects of gen- 17-17.76) eration-related activities on human 17-17.625 Criteria for Rejection of an health and the environment and ecol- Alternate Corridor. ogy of the lands and waters within 17-17.63 Hearings Generally - Conduct, the state. Public Service Commission's (3) Upon application, the Board Determination of Need. is authorized to certify a site for 17-17.64 Certification Hearings maximum predicted steam or solar Subject Matter, Procedure, generation pursuant to Chapter Participants. 17-17, Part 1, FAC. The applicant 17-17.65 Retention and Availability of shall submit a supplemental appli- Certification and Application,, cation for certification of the Copying Fees. construction and operation of addi- [email protected] Pbst-Certification Monitoring tional electrical power plants to be and Reporting. located at sites which have been 17-17.665 Dredging and Filling, Post- previously certified for an ultimate Certification Review, Water site capacity. The supplemental Quality. application shall show that the 17-1-7.67 Review and Evaluation. additional unit or units conform to 17-17.68 Modification of Certification. the environmental standards being 17-17.682 Exceptions. enforced by federal or state govern- 17-17.69 Processing of a Modification ments having jurisdiction at the Petition Pursuant to Section time of the supplemental applica- 403.S35(3), F.S. (Repealed) tion and shall be subject to this 17-17.695 Emergency Replacement. chapter. 17-17.70 Revocation or Suspension of Specific Authority: 403.502, Certification. 403.S04(1), 403.509(l), F.S. Law 17-17.71 Termination of Certification;. Implemented: 403.502, 403.504(2)(3) 17-17.75 Public Notice. (5), F.S. History: New 5-7-74, 17-17.76 Evidence of Notice, Additfohal Amended 12-27-77, Formerly 17-17.01, Notice. Amended 5-9-83. 6-26-44 17-17.01 -- 17-17.011(History) 4 1 9 DER1984 ELECTRICAL POWER PLANT SITING 17-17 (d) The reasons why abandonment is desired. (2) A petition alleging failure of an applicant to commence con- struction of an electrical power plant which has been certified, either within 15 years of the date of the issuance of such certifica- tion or within 15 years of the date construction was scheduled to com- mence on such plant, as shown in the application, whichever is the later date. For good cause shown, which shall include but not be limited to permitting delays, the time of aban- donment under this subsection may be waived by the Board. Specific Authority: 403.504(l)(8), F.S. Law Implemented: 403.509, F.S. History: New 5-7-74, Amended 12-27-77, Formerly 17-17.14(2), Amended 5-9-83. 6-26-84 17-17.241(l)(d) 17-17.241 (History) 4 2 0 DER 1994 ELECTRICAL POWER PLANT SITING 17-17 PART I I this Part shall have the indicated meanings: 17-17. 51 General. (1) "Act" means the Trans- (1) The department adopts Part mission Line Siting Act, Sections I I of this chapter pursuant to the 403.52 through 403.539, F.S. charge of the legislature to provide (2) "Access road" shall mean a an efficient, centralized, and road within the corridor as recorded coordinated permitting process for pursuant to s. 403.5312, F.S., and evaluating the location of the which is used to gain access to the transmission line corridors, the rights-of-way, transmission towers, construction, electric and magnetic or other utility property or facil- field effects, and maintenance ities, including those roads used of transmission lines, and their for maintenance purposes. The term effects on human health, safety and includes access roads within the welfare, the environment, and elec- certified corridor outside of the tric power system reliability and transmission line rights-of-way. integrity. (3) "Alternate corridors" shall The purpose of Part 11 of this mean corridors proposed by parties chapter is to implement the pro- other than the applicant pursuant visions of -the Transmission Line to the provisions of s. 403.527(5), Siting Act, an act relating to envi- F. S. ronmental permitting, and electric (4) "Construction" means any system reliability and integrity. clearing of land, excavation or (2) The certification of a other action by the applicant which transmission line corridor shall would alter the physical environment incorporate the determination of or ecology of a corridor, but does need issued by the Public Service not include those activities essen- Commission and shall constitute the tial -fo r surveying, preliminary sole license of the state and any corridor evaluation, environmental agency as to the approval of the studies, or trimming of vegetation. location of the transmission line (5) "Maintenance" means the corridors, the construction, elec- act of physically maintaining the tric and magnetic field effects, transmission line . including the and maintenence of transmission right-of-way - lines, subject to the terms of the (6) '1primary corridor" shall conditions of certification. mean the preferred original corridor Specific Authority: 403323(l), F.S. which the applicant seeks to have Law Implemented: 403.521, 403.531, certified. F.S. History: New 11-20-80, Amended (7) "Secondary corridors" shall 6-26-84. mean corridors proposed for certifi- cation by the applicant which are 17-17.52 Definitions. not the primary corridor for which Words, terms, and phrases used certification is sought. in this chapter, unless otherwise (8) "Secretary" means the indicated, shall have the meaning Secretary of the Department of set forth in Section 403.522, Environmental Regulation, or the Florida Statutes. In addition, duly authorized designee. the following words when used in (9) "Working days" shall mean 6-26-84 17-17.51(l) 17-1A.52(9) 42 1 DER1984 ELECTRICAL POWER PLANT SITING 17-17 is the days of the week during which department and all potential statu- the state conducts business. Unless tory parties which are known as to otherwise indicated, "days" shall the appropriate changes in scope, mean calendar days. quantity, and specificity of in- Specific Authority: 403.523(l), formation to be provided in the F.S. Law Implemented: 403.522, application. The department shall F.S. History: New 11-20-80, publish notice of receipt of the Amended 6-26-84. proposed written agreement as pro- vided in FAC Rule 17-17.75(2). After 17-17.53 Prohibitions. publication of notice, such written Unless exempted by the Act, no agreement shall be deemed binding person shall construct any transmis- except to the extent an affected sion line requiring certification agency specifically disagrees within under this act without a valid 25 days of receipt of the proposed certification issued by the Board written agreement and indicates all pursuant to the requirements of changes necessary to render the this act. Any applicant may at any written agreement acceptable to the time perform construction activities. agency. All such changes with which otherwise authorized by law in the applicant agrees in writing rights-of-way owned or controlled by shall be incorporated into the the applicant. agreement. I f an agency and the Specific Authority: 403.523(l), applicant are unable to agree on a F.S. Law Implemented: 403.524, proposed change of application F.S * History: New 11-20-80, information requirements, the ap- Amended 6-26-84. plicant must fully complete the portion of the application with 17-17.54 Application for which there is disagreement. Any Corridor Certification, Amendments, affected agencies' disagreements Modifications. shall be in writing and include the (1) Applications for certifi- reasons for such disagreements. cation shall follow the format and (2) 40 copies of the certifica- shall be supported by information tion application shall be submitted and technical studies, as prescribed by the applicant to the department. by DER form 17-1.212(1), FAC, unless The department may provide in the otherwise agreed to by the Depart- application form, or by written ment and affected agencies. Prior agreement with the applicant, that to application filing, the applicant less than 40 copies be submitted of may request and the department shall parts of the certification applica- grant a meeting between the appli- tion. The department shall distrib- cant, the department and all poten- ute a copy of the application to: tial statutory parties which are (a) The water management dis- known to determine what informa- trict as defined in Chapter 373, tional requirements required by the F.S., in whose jurisdiction the application form may be waived, proposed transmission line corridor modified, or reduced in scope for a.. is to be located, the Department of particular application. Subsequent Community Affairs, Public Service to this meeting, the applicant may. Commission, the Department of Natu- submit a written agreement to the ral Resources, Game and Fresh Water 17-17.52(9) -" 17-17.54(2)(a) 6-26-44 4 2 2 DER1984 ELECTRICAL POWER PLANT SITING 17-17 Fish Commission, regional planning (c) Any correspondence from councils, and local governments in the applicant, including responses whose jurisdiction the proposed to agency completeness or suffi- transmission line corridor is to ciency findings, which materially be located, within 7 days of its alters information contained in receipt by the department. the application, shall be deemed (b) Any other agencies who in an amendment. its judgment the department feels (4)(a) Except as otherwise will be affected such as the Depart- provided in the conditions of certi- m'ent of State, Division of Archives, fication, requests or petitions to History and Records Management, and modify certification shall be filed Department of Transportation, or for all changes in transmission line who have indicated interest in the corridor alignment. proceedings, within 15 days of (b) Except as otherwise provid- receipt of the application by the ed in the conditions of certifica- department tion, expansions in right-of-way (c) @11 other parties to the width will be considered modifica- certification proceeding within 15 tions pursuant to Section 403.5315, days of its _receipt or within 7 days Florida Statutes. of their appearance, whichever is Specific Authority: 403.523(l), F.S. later. Law Implemented: 403.523(l)(2)(3) (d) Within five days of dis- (5)(6), 403.525(2)(3), 403.5275, tribution, the department shall F.S.. History: New 11-20-80, provide a list to the applicant of Amended 6-26-84; 17-17.54(4) the names and addresses of all the Transferred to 17-17.5450) persons to whom the application was and Amended 6-26-84. distributed. (3)(a) Any amendments made to the application shall be sent by the 17-17.543 Alternate or Multiple applicant to the hearing officer and Corridor Information. to all parties to the proceeding as (1) Information submittals for well as to all persons who received Alternate Corridor proposals must a copy of the application. address all portions of the appli- (b) Amendments to an applica- cation form (DER form 17-1.212(l) tion shall follow the format and FAC). The level of detail therein shall be supported by information as shall be commensurate with the scale prescribed, by DER form 17-1.212(l), of change in comparison to the FAC. Appropriate revisions to the applicant's original proposal. The application text, figures, and information shall be filed with the photographs must be made to reflect Division of Administrative Hearings the changes. Amendments may be sub- and served on the department and all mitted initially as correspondence, other parties to the proceeding but formal revisions to the applica- within 45 days of the filing of the tion, either in the form of amended alternate corridor proposal. Failure application pages or an errata sheet to file and serve the Information as listing all necessary changes to ap- provided In this subsection shall plication pages, must be distributed constitute a voluntary withdrawal of within 15 days of correspondenc .e the proposed alternate corridor and submittal. the alternate corridor shall not be 6-26-84 17-17.54(2)(a) -- 17-17.543(l) 423 DER1984 ELECTRICAL PdWER PLANT SITING 17-17 a corridor proper for certification is required from an applicant for at the certification hearing. corridor changes initiated by other (2) An applicant may choose parties even if the applicant either at its option to propose more than does not object to or supports such one corridor as being proper for a change. certification in the original ap- (c) A $2,000 modification fee plication. If 'information on more shall be submitted to the depart- than one corridor is included in ment, with each request for modifi- the application, the applicant must cation filed with the department clearly indicate which is the pursuant to s. 403.5315(2), F.S., primary corridor versus secondary and each petition for modification corridors. filed with the department pursuant Specific Authority: 403.523(l), F.S. to s. 403.5315(3), F.S. In the case Law Implemented: 403.523(l)(2)(3) where such modifications include a 1(5)(6), 403.527(5), F.S. History: proposal by the applicant for a New 6-26-84. corridor alignment change, the fee shall be $2,000 plus $750 per mi ,le 17-17.S45 Fees, Disbursement of corridor realignment as measured of Funds, Contracts. along the centerline of the re- (1) The appropriate application aligned portion of the corridor. fee shall aci:ompany the application, Portions of a mile shall be computed or request or petition for Modiff- on a decimal basis. Any sums re .main- cation, as applicable, and shall be- ing after payment of authorized a condition precedent to considera- costs shall be refunded to the party tidn or action on the application, requesting the modification within request, or petition by the depart- 90 days of approval or denial of the ment. modification by the Board, or with- (a) The application fee is $750 drawal of the modification request ,per mile as measured along the or petition. centerline of the corridor with a (d) The applicant shall pay for $20,000 minimum. Portions of -a mile all notices required pursuant to .shall be computed on a decimal s. 403.527(l), F.S., which have been basis, e.g. the fee for 74.33 miles arranged for publication by the would be $55,747.50. When An appli- department pursuant to the act with- cant proposes secondary corri'dors in '45 days of receipt of, an invoice as well as a primary one for con- for reimbursement from the depart- .sideration for certification, the ment. The department shall coor- application fee shall be computed on dinate with the applicant prior to the basis of the longest corridor. making arrangements for such notices (b) An additional fee of $2,000 with each newspaper. plus $750 per mile of the total (2)(a) All fees required of realigned portion(s) of the corridor the 'applicant under this Chapter are shall be submitted whenever an to be paid into the department's amendment is proposed by the applF- Industrial Siting Trust Fund 'and cant which includes one or more cd@- thereafter drawn upon by the depart- ridor alignment changes. P6rti6ns ment and other authorized agencies of a mile shall be computed on 'a upon submittal of an invoice for decimal basis. No additional f4e costs incurred in proces .sing the 17-17.543(j) -- 17-17.545(2)(a) 6-26-84 424 DER1984 ELECTRICAL POWER PLANT SITING 17-17 applicaton. All such funds so shall be reimbursed only at the deposited shall be subject to state conclusion of the certification pro- auditing procedures. Any sums re- ceedings. Invoices for reimbursement maining after payment of authorized must be submitted within 30 days of costs shall be refunded to the final action by the Siting Board applicant within 90 days after the and must be accompanied by an item- issuance or denial of certification ization of the time and expenses or withdrawal of the application. incurred. Reimbursement shall occur The applicant shall be provided no sooner than 45 days after final with an itemized accounting of the action by the Siting Board. Expenses expenditures. in excess of the agency's pro-rata I(b)1. The department and other share of the fee shall be the re- authorized state agencies may seek sponsibility of the agency incurring reimbursement from the fee for the them. following authorized expenses: (c) It shall be the responsi- a. Travel. bility of the department to notify b. Per diem. agencies in writing at the time of c. Studies for the Report. application distribution of the d. Contracts for studies pur- amount of the fee and an approximate suant to subsection (d) below. figure of the portion of the fee e. Site-inspections. which may be available for use by f. Copying costs. the individual agency; this estimate g. Telephone expenses. shall be made on the following h. Materials (e.g. maps, basis: 35% of the fee shall be set aerial-photographs). aside for use by the department to i. Hearing costs. cover hearing room, transcription, j. Other Personal Service and report publication costs, and expenses, to cover post-ce rti fii cation review k. Notices required by the costs identified in conditions of t)earing officer pursuant to certification. The remainder of the Florida Administrative Code Rule fee will be equally divided among 17-17.76(3). the department and the other agen- 1. Reserved. cies for the authorized expenses set m. Indirect expenses such as forth in (b) 1. This estimate is in overhead. no way binding on the department 1 2. Salary monies for full-time during the disbursement of funds but state agency employees are not is intended to provide guidance to authorized expenses. the agencies in their budgeting. 3. Authorized local governments (d)l. Any agency intending to and regional planning councils may incur an expense for a contract for charge for the items listed in 1. studies under the Act shall first above, as well as: obtain prior written approval from a. Salary monies. the department. All such studies b - The cost of public notice shall be related to the jurisdiction directly rel ated to informational of the agencies and shall be direct- public meetings held pursuant to ly related to the evaluation of the s. 403.5272, F.S. certification application. The 4. Expenses of the agencies applicant shall be furnished with a 6-26-:84 17-17.545(2)(a) -- 17-17.545(2)(d)l. 425 DER1994 ELECTRICAL POWER PLANT SITING 17-17 copy of any, request for approval of sums remaining shall be refunded to a contract for studies within 10 the applicant. days of receipt by the department. Specific Authority: 403.523(l), F.S. 2. The department shall review Law Implemented: 403.523(3)(5)(7) the amount and purpose for the con-' (11)(13), 403.5275, F.S. History: tract for studies and indicate its New 11-20-80; Formerly 17-17.54(4), approval or disapproval within 15 Transferred from and Amended days. The applicant shall be fur- 6-26-84. nished with a copy of any approved- or disapproved contract for studles@ 17-17.SS Hearing Officer no later than 10 days after such Appointment, Duties and Powers. approval or disapproval by the Specific Authority: 403.523(l), department. F.S. Law Implemented: 403.523(5), 3. Any. such contract must 403.527(5), 403.525, 403.528, F.S. specify that: History: New 11-20-80, Repealed a. Receipt of the preliminary 6-26-84. results will be available in time for agency report submittals with 17-17.56 Completeness of final results available at least Application. Resolution Procedures. 30 days prior to the certification (1) The department shall file, hearing. - within 20 working days of receipt of b. The studies shall be final- an application, a statement with the ized in writing. Division of Administrative Hearings, c. Final reimbursement to the the applicant, and any parties agency and thus to the contractor declaring Its position with regard shall not occur unless complete to the completeness as defined by results are submitted such that the section 403.522(8), F.S., of the schedule of paragraph a. above can application. Amendments shall be be met. . reviewed for completeness on a. 10 d. The contractor will be working day schedule. available to act as a witness in (2) In such filing, the depart- certification proceedings. ment shall identify the sections (3) The breach of any provision of the application or amendment con- of a contract for studies shall not sidered to be incomplete and shall be grounds for the alteration of any provide information explaining the time limitation in the Act pursuant incompleteness. to s. 403.528, F.S. (3) If the department finds the (4) Pursuant to the provisions application or amendment to be of subsection 403.523(13), F.S., the incomplete, the applicant shall tile department may withhold from the one of the following within 15 days application fee a reasonable sum after the filing of the statement sufficient to cover costs associated by the department, with the Division with post certification monitoring. of Administrative Hearings and the of the activities required by any' department: condition of certification. Such, (a) Supplemental information sums shall be specified by the Board- which renders the application or as part of each condition. Upon-, amendment complete. completion of any such reviews, any (b) A statement agreeing with 17-17.545(2)('d)i. -- 17-17.56(3)( b) 6-26-M 4 2 6 DER 1994 ELECTRICAL POWER PLANT SITING 17-17 the statement of the department but or amendment in a timely manner indicating that the information established by the hearing officer cannot be supplied within the 15 in accordance with (3)(b)1. or 2. so days specified by s. 403.525(2), as to render it complete. F.S., which shall toll the time for 2. If the applicant supplements certification schedule, or the the application or amendment so as application or amendment may be to render it complete, then the withdrawn. times provided in this Chapter shall 1. If the certification sched- run from the date of the filing ule is tolled, upon the filing of of the department's statement that a c.omplete amendment which renders the application or amendment is the application complete, the times complete. provided in the Act and this Chapter 3. If the hearing officer finds shall recommence as of the date the application or amendment was of the filing of the department's complete at the time it was filed, statement that the application or then the times provided in this amendment is complete. Chapter shall run from the date of 2. If an application is with- the filing of said application or drawn then later resubmitted, the amendment. certification- schedule shall com- Specific Authority: 403.523(l), mence anew as for an original appli- F.S. Law Implemented: 403.523(3) (5), cation. However, when reviewing 403.525(2), F.S. History: New a resubmitted application for 11-20-80, Amended 6-26-84. completeness and sufficiency, the agencies shall take into account 17-17.57 Insufficiency of previous determinations of complete- Application, Resolution Procedures. ness and sufficiency and attempt to (1) Should the department shorten the time period necessary to determine that an application is make such determinations for the insufficient, a detailed statement resubmitted application. explaining the insufficiency of the (c) A statement contesting the application may be served on the statement of the department and applicant and the parties concurrent providing information explaining its with the completeness determination position. The hearing officer shall or may be served at a later time but schedule a hearing on the contested no later than 20 working days after statement of completeness as expedi- receipt of a complete application. tiously as possible, but no later Amendments shall be reviewed for than 14 days from the filing of the sufficiency on a 10 working day applicant's statement contesting the schedule. The department's suffi- department's determination. The ciency finding shall be based on designated hearing officer shall the recommendations of agencies make a decision within 10 days of required to submit reports pursuant the hearing. to s. 403.526, F.S.; therefore, 1. If the hearing officer finds the sufficiency concerns of all that the application or amendment is reporting agencies shall be filed not complete, the applicant shall with the department and served on withdraw the application or amend- all parties no later than 10 working ment, or supplement the application days after the agency's receipt of 6-26-M 17-17.56(3)(b) 17-17.57(l) 4 2 7 DER1984 ELECTRICAL POWER PLANT SITING 17-17 the application or 7 working days (c) A statement contesting the afte r receipt of an amendment. sufficiency statement of the depart- Failure to file sufficiency remarks ment and providing information with the department in a timely explaining its position. The appli- fashion shall be a waiver of the cant's responses and hearings on individual agency's sufficiency, sufficiency shall follow the same concerns. procedures and time schedules as (2) Within 15 days after the for completeness set forth in filing of the department's statement 17-17.56(3)(c), FAC, and both suffi- that the application or amendment is ciency and completeness issues may insufficient, the applicant shall be addressed in the same responses file one of the following with the and hearings. Division of Administrative Hearings, (3) If, after an amendment has the department, and the parties: been filed to address agency suffi- (a) Supplemental Information ciency concerns, an agency or the which renders the application or department determines that the amendment sufficient. amendment is incomplete or insuf- (b) A statement agreeing wit -h, ficient to such a degree that the the statement of the department but filing of a preliminary report would indicating that the information result in no meaningful information cannot be -supplied within 15 days produced for use in the voluntary which shall toll the time for the public meetings held by the local certification schedule, or the governments, the agency shall advise application or amendment may be, the department and the department withdrawn. may so inform the hearing officer 1. If the certification sched- and request that the certification ule is tolled, upon the filing of schedule be revised such that the sufficient information to render the filing date of the preliminary application or amendment sufficient, reports, and thus the final reports, the times provided in the Act and the Compiled Agency Report, and date this Chapter shall recommence as of the certification hearing is of the date of the filing of the postponed in order to afford the Department's determination that the preparation of meaningful reports. application or amendment is suffi- (4) If an amendment is filed cient. after the submission of agency 2. If an application is with- reports to the department, or after drawn then later resubmitted, the the filing of the Compiled Agencies' certification schedule shal I com- Report, an agency may request the mence anew as for an original appli- hearing officer to adjust the cer- cation. However, when reviewing tification schedule if the agency a resubmitted application for determines that the amendment completeness and sufficiency, the alters the findings of the report or agencies shall take into account variance information or suggested previous determinations of complete- conditions of certification. ness and sufficiency and attempt to, Specific Authority: 403.523M, shorten the time period necessary to, F.S. Law Implemented: 403.523(3) (5), make such determinations for the, 403.525(3), F.S. History: New resubmitted application. 11-20-80, Amended 6-26-84. 6-26-M 17-17.57(l) 17-17.57 (History) 4 2 8 BER1984 ELECTRICAL POWER PLANT SITING 17-17 17-17.58 Conduct of Studies. occur until after the right-of-way (1) As needed to verify or has been defined. supplement the studies made by the (e) Potential transmission line applicant in support of the applica- electric and magnetic field effects tion, the department within 15 days on health, safety, and welfare, if of the filing of a complete applica- any. tion shall commence or contract for (f) Site specific environmental joint or independent studies to aid studies due to the particular nature in the evaluation of the certifica- of the corridor. tion application. For studies in (2) At the time of distribution areas outside of the department's of the application, the department jurisdiction and in the jurisdiction shall inform the local governments of another agency, the department and regional planning councils of may initiate such studies, but only the general process of transmission with the consent of such agency. line siting and that they would have The department ' shall give written the right to conduct studies on notice of all such studies to the matters within their jurisdiction applicant before they are commenced. relating to the presence of or Such studies may include the consid- impacts to: eration of - the following criteria a. Special requirements for in regards to corridor location county/city permitting activities, impacts,, transmission line construc- such as for road crossings, storm- tion impacts, electric and magnetic water control, etc., which will be field effects, right-of-way and included under certification; access road maintenance impacts, and b. Compliance with adopted mitigation measures, as applicable: local government comprehensive plans (a) Potential. impacts of trans- and areas where a corridor location mission line crossings on navigable is unauthorized by such a plan; waters, and submerged lands or C. Compliance with zoning wetlands. restrictions, including noise ordi- (b) Potential impact on water nances as compared with the. esti- quality and quantity, including hy- mated noise levels produced by the drology and surface drainage result- transmission line, and airport ing from construction, clearing, and flight overlay zoning restrictions; maintenance. d. City/county owned lands and (c) Potential impact on ter- easements necessary thereto; restrial and aquatic plant and e. Potential impacts to socio- animal life, including endangered economic factors addressed in zoning or threatened species within the ordinances; department's jurisdiction. f. Potential conflicts with (d) Commensurate with the level support services, such as radio of detail of information provided in Interference with emergency vehicles the application, a final or prelimi- or broadcast towers; nary identification of those areas g. Environmental or special use where the Department has dredge/fill factors with which the county/city jurisdiction; specific identifica- has a particular concern, such as tion and the location of the land- proximity to landfills or aircraft ward extent of jurisdiction may not flight approach paths; 6-26-84 17-17.58(l) -- 17-17.58(2)g. '4 2 9 DER1984 ELECTRICAL POWER PLANT SITING 17-17 h. Compliance with adopted tification, if the agency intends to Regional Comprehensive Plans; recommend certification, on matters I. Potential Impacts f rom within the agency's jurisdiction, regionally significant projects such listing the specific statute, rule, as pending Developments of Regional or ordinance, as applicable, which I mpact. authorizes the proposed condition; Specific Authority: 403.523(l), F.S. (e) An identification of what Law Implemented: 403.523(2)(4)(14), matters are within their juris- 403.526(2)(7)(8), 403.527(5), F.S. diction which will be materially History: New 11-20-80, Amended affected by the transmission line or 6-26-84. corridor. (4) The department shall file 17-17.59 Agency Reports, the Compiled Agencies' Report re- Compiled AgencI4W Report wilth quired by 403.523(8), F.S., with the Summaries. hearing officer and serve it on all (1) The preliminary agency parties no later than four months reports shall be submitted to the after the complete application has department no later than 60 days been filed with the department or after the department's receipt of 30 days prior to the certification a complete application, and shait hearing, whichever is earliest. be made -available to each local (5) The Compiled Agencies' Re- government for use as information at port shall contain: public meetings held pursuant to 1. The department's recommenda- s. 403.5272, F.S. tions relating to the disposition of (2) The final agency reports the application; shall be submitted to the department 2. Reports by governmental no later than 90 days after each agencies as specified by section agency's receipt of a complete 403.523(8) and 403.526, F.S.; application. 3. A summary by the department (3) The agency reports shall of the significant comments made in contain: all the reports; and (a) An assessment of the im- 4. A compilation of the various pacts of the project as deter- recommended conditions of certifica- mined by the studies required by tion. s. 403.526, F.S.; Specific Authority: 403.523(2)(3) (b) Expected compliance with (4)(5)(6)(7)(8)(9)(10), 403.527(5), agency standards and an identifica@ F.S. Law Implemented: 403.523(8), tion of any nonprocedural require- 403.526, F.S. History: New ments not specifically listed in the 11-20-80, Amended 6-26-84. application from which a variance or exemption is needed in order for the 17-17.60 Conditions of Certi- board to certify the corridor; fication, Delegated Modifications. (c) Conclusions and recommenda- (1) The applicant can construct tions regarding certification in- the transmission line in compliance cluding reasons for recommendations with the terms of certification. if of denial, If the agency recommends appropriate, the agencies' proposed denial of certification; conditions of certification shal I (d) Proposed Conditions of Cee, recognize that the construction of 6-26-44 17-17.58(2)h.- 17-17.60(l) 4 3 0 DER1944 ELECTRICAL POWER PLANT SITING 17-17 the proposed transmission line 17-17.61 Public Notice. may take place over a substantial Specific Authority: 403.523(l), period of time. Therefore, com- F.S. Law Implemented: 403.523(a), pliance with the terms of certifi- 403.527, 403.535, 403.525, F.S. cation may be monitored by the History: New 11-20-80, Transferred agencies. to 17-17.75, 6-26-84. (2) The department shall re- quest that the Board delegate au- 17-17.62 Evidence of Notice, thority to the Secretary to review Additional Notice. and modify specific conditions in Specific Authority: 403.523(l), the certification pursuant to sec- F.S. Law Implemented: 403.523(6)(9), tion 403.5315(l), F.S. The specific 403.527, F.S. History: New 11-20-80, conditions to be requested for dele- Transferred to 17-17.76, 6-26-84. gation shall include, but not be limited to, the following: 17-17.625 Criteria for Rejec- (a) Except for modification of tion of an Alternate Corridor. the location of the certified corri- (1) Pursuant to 403.527(5)(b), dor, the Secretary of the department F.S., within five days of receipt is delegated the authority pursuant of a proposed alternate corridor to section - 403.53IS(l), F.S., to filing, the department and the modify Conditions of Certification applicant shall each file with the relating to: Division of Administrative Hearings 1. A modification of the trans- a notice of acceptance or rejection mission line that would not cause of the alternate corridor proposed any significant additional adverse for consideration. The criteria of environmental impact. the department for this rejection 2. Modifications necessary to shal I be: meet licensing conditions or re- (a) The alternate does not have quirements imposed on the applicant appropriate end points which connect by any federal regulatory agency. to the remainder of the transmission The permittee shall notify the line. department at least 30 days prior to (b) The quality of the filing the issuance of the federal license is so poor as to make it difficult that would require such a modifica- for the department to evaluate the tion, if known, or in any event, as proposal. soon as the federal agency notifies (c) Failure to submit the in- the permittee. formation required by s. 403.527 (b) The department shall give (5)(a), F.S.; however, this shall written notice to the parties to be without prejudice to refile the original certification of any within the timeframes set forth in requests for modification received s. 403.527(5), F.S. pursuant to this section. (2) Acceptance by the depart- (3) Reserved. ment of an alternate corridor pro- (4) Reserved. posed for consideration pursuant Specific Authority- 403.523(l), to (1) above shall not require the F.S. Law Implemented: 403.531(2), department to support or oppose 403.5315(l), F.S. History: New certification of such alternate 11-20-80, Amended 6-26-84. corridor. 6-26-84 17-17.60(l) 17-17.625(2) 4 3 1 DER1984 ELECTRICAL POWER PLANT SITING 17-17 (3) Acceptance by the applicant officer for a certification hearing of an alternate corridor proposed to be held no later than 150 days for. certification shall not require after the filing of a complete ap- the applicant to support or oppose plication with the department, at a certification of such alternate central public location in proximity corridor. to the as proposed transmission linei Specific Authority: 403.5230), F.S. corridor. Law Implemented: 403.527(5), F.S. (2) At the certification hear- History: New 6-26-84. ing the hearing officer shall con- sider whether the application should, 17-17.63 Hearings Generally be approved in whole, approved with Conduct, Public Service Commisslods modifications or conditions, or Determination of Need. denied. In making this determina- (1) The certification hearing tion, the hearing officer shall held pursuant to the Act and this consider the criteria in s. 403.529, Chapter shall be conducted according, F. S. to the provisions of Chapter 120, (3) The applicant for certifi- Florida Statutes. The public hear-- cation shall make formal presenta- ings held at the request of local--@ tion of its proposal at the hearing governments pursuant to section: and shall address each of the topics 403.527(2),-F.S., shall give members listed in s. 403.529(3), F.S. All of the public not parties to the parties may present their respective certification hearing an adequate, cases in accordance, with the rules opportunity to present testimony andl of evidence under Chapter 120 at the evidence. hearing. These presentations may (2) Pursuant to section 403.537, include the application and all F.S., the Public Service Commission studies, reports and analyses pre- has been directed to conduct a pared in accordance with the Act and public hearing to determine the need this Chapter. The parties, including for a transmission line regulated. the applicant, are encouraged to under the Act. The commission's design their presentations to inform determination of need is binding on the public of the details of the all parties to the certification proposed transmission line, but the proceeding and is a condition prece- question of compliance with this dent to the conduct of a certifica- paragraph shall not be the basis for tion hearing. review. Specific Authority: 403-5230)(2), (4) Any person not a party may F.S. Law Implemented: 403.527(l), present testimony and evidence to 403.537, F.S. History: New the hearing officer at the hearing. 11-20-80, Amended 6-26-84. If the hearing officer proposes to consider such, testimony or evidence, 17-17.64 Certification Hear- the parties shall be given an oppor- Ings - Subject Matter, Procedure. tunity to cross-examine or challenge Participants. or rebut it. (1) Except when the certifica- Specific Authority: 403.523(l), tion schedule Is altered pursuant to. F.S. Law Implemented: 403.527(2)'(4) the Act. or this chapter, the depart-- (5)(6), 403.529(3), F.S. History: ment shall arrange with the hearing- New 11-20-80, Amended 6-26-84. 6-Z6-84 17-17.625(3)-- 17-17.64(History) 4 3 2 DER1984 ELECTRICAL POWER PLANT SITING 17-17 17-17.65 Retention and 17-17.665 Dredging and Fill- Availability of Certification ing, Post-Certification Review, Water and Application, Copying Fees. Quality. i (1) Until all construction of Reserved. the transmission line is complete, Specific Authority: 403.523(l), F.S. the applicant shall retain complete Law Implemented: 403.S31(2), F.S. copies of the application and cer- History: New 6-26-84. tification at it central business of f ice. The applicant's copies of 17-17.67 Review and Evaluation. the application and certification The department may at any time, shall be available for public in- review the certification and eval- spection and copying during normal uate the compliance of the applicant business hours. with the conditions of certification (2) The department shall retain and act upon such review and eval- complete copies of the application uation as it deems appropriate in and certification at its main of- accordance with the provisions of fi ce. The department's file shall the Act and this Part. be open for public inspection and Specific Authority: 403.523(l), F.S. copying during normal business Law Implemented: 403.532, 403.533, hours. F.S. History: New 11-20-80, (3) A reasonable fee may be Amended 6-26-84. charged by any party for providing copies pursuant to this chapter. 17-17.68 Modification of Specific Authority: 403.523(l), Certification. F.S. Law Implemented: 403.527, (1) Certification, including F.S. History: New 11-20-80, conditions of certification, may be Amended 6-26-84. modified pursuant to the provisions of section 403.5315, F.S., and the 17-17.66 Post-Certification appropriate one of the following Monitoring and Reporting. procedures: The applicant shall conduct at (a) Delegated Modifications its expense such post-certification pursuant to s. 403.S315(l), F.S., monitoring and reporting as is deem- and FAC Rule 17-17.68(3)(a). ed reasonable by the Board, of the (b) Modifications without ob- effects arising from the location of jections pursuant to s. 403.5315(2), the transmission line corridor, the F.S., and FAC Rule 17-17.68(3)(b). construction of the transmission (c) Modification by petition line or lines and the maintenance of pursuant to s. 403.5315(3), F.S., the transmission line right-of-way and FAC Rule 17-17.68(3)(c). pursuant to the conditions to assure (2) Modification of certifica- continued compliance with the terms tion shall be initiated by filing a of certification. The monitoring request or petition for modifica- and reporting shall be carried out tion, along with the applicable fee in the manner prescribed in the with the department, with service of conditions of certification. a copy of the request on all other Specific Authority: 403.532(l), F.S. parties to the original certifica- Law Implemented: 403.523(10), F.S. tion proceeding. All requests or History: New 11-20-80, Amended petitions for modification shall 6-26-84. contain: 17-17.650) 17-17.68(2) 6-26-84 4 3 3 DER1984 ELECTRICAL POWER PLANT SITING 17-17 (a) The proposed modification; FAC Rule 17-17.75(8). (b) A description of the por- 2. If no person whose substan@ tion of the transmission line, as tial interests would be determined certified or previously mod i fi ed by the department's decision on the which is the subject of the. proposed request files a petition within modification; fourteen calendar days from receipt (c) A concise statement of the or publication of notice, whichever facts, including changes in circum- Is earlier, the department shall stance which justify the modifica- issue an order adopting its proposed tion, as well as the rules and agency action as set forth in the statutes which entitle the applicant notice published pursuant to sub- to the modification; section 1. above. (d) A discussion of the antici- 3. Petitions for an administra- pated effects of the proposed modi- tive proceeding on the request for fication, including any additional modification, if any, shall be filed environmental effects; with the department with a copy (e) A statement of whether and served on all parties to the origi- how a proposed modification if, nal certification proceeding. The granted would affect the conditions, department may request the Division of certifica tion, Findings of Fact. of Administrative Hearings to con- or Conclusions of Law, and studies duct a proceeding on the petition. conducted pursuant to FAC Rule The Hearing Officer shall submit the 17-17.S8 upon which the certifica- recommended order to the Secretary tion or conditions of certification of the department who shall take were based; final agency action. M A copy of the appropriate 4. The department shall issue alterations of the application as its final order within 20 days after modified by the final order of receipt of any exceptions to the certification, or subsequent modifi- recommended order. cations; 5. Failure to submit a complete (g) The legal authority that or sufficient request for modifi- entities the person to seek the cation shall be grounds for the modification. department to deny a modification. (3) The request for modifica- (b) If the proposed modifica- tion shall be processed by the tion is one for which the department department in accordance with the can approve if no objections a,re following: received pursuant to s. 403.5315(2), (a) If the proposed modifica- F.S., the procedures set forth below tion is one for which the department shall apply. has been delegated approval au- 1. Within 15 days of receipt of thority by the Board pursuant to such a request for modification the s. 403.53150), F.S, the procedures department shall provide notice of set forth below shall apply. receipt of the request as set forth 1. Within 60 days of receipt in FAC Rule 17-17.75(9). of a request, for modification, the.. 2. If no party or other person department shall provide notice. whose substantial interests would be of receipt of the request and., affected by the department's deci- the department's proposed action. sion on the request files an objec- on the request as set forth in, tion within the time period allotted 17-17.68(2)(a) 17-17.68(3)(b)2. 6-26-84 4 3 4 DER1984 ELECTRICAL POWER PLANT SITING 17-17 in s. 403.5315(2), F.S.,' the modi- (c) If the proposed modifica- fication shall be approved and the tion is one for which approval department shall issue an order authority has not been delegated modifying the certification. to the department, and if the de- 3.a. Objections to the request partment is unable to approve the for modification, if any, shall proposed modification pursuant to be filed with the department with s. 403.5315(2), F.S., and FAC Rule a copy served on all other parties 17-17.68(3)(b), or at the appli- to the original certification pro- cant's option, the applicant may ceeding. file a petition for modification b. Upon the filing of an objec- pursuant to s. 403.5315(3), F.S., tion, the department shall conduct and the procedures below shall an informal conference after at apply. least five days written notice to 1. Within 5 days of receipt of all parties and to all persons whose a petition for modification, the de- substantial interests would be partment shall forward the petition determined who filed a timely objec- to the DOAH for assignment of a tion, to determine if the objecting hearing officer and shall request parties are able to reach mutual the hearing officer to establish a written agreement on modification of schedule for the processing of the the terms and conditions of certifi- petition, including a schedule for cation, or whether changes can be appropriate notices. made to the proposed modification so 2. Within 15 days of receipt of as to have the objections withdrawn. a petition for modification the de- However, if the changes significant- partment shall arrange for notice as ly alter the proposed modification, set forth in FAC Rule 17-17.75(10). the modification as changed shall be. 3. The provisions of Florida noticed in accordance with this Administrative Code Rules 17-17-56 subsection, 17-17.68(3)(b), with and 17-17.57 relating to complete- persons whose substantial interests ness and sufficiency shall apply to are affected given another right to review of petitions for modification object. filed pursuant to this subsection, c. If no agreement can be but with a shorter time period reached, the department shall deny commensurate with the significance the request for modification without of the modification. prejudice to the applicant to file a 4. Petitions filed pursuant to petition pursuant to s. 403.5315(3), this subsection shall be disposed of F.S., and FAC Rule 17-17.68(3)(c). In the same manner as an application d. If a mutual written agree- but with shortened time periods ment can be reached by all parties commensurate with the significance or if the objections are withdrawn, of the modification requested. the department shall issue an order 5. The Hearing Officer shall modifying the terms and conditions submit the Recommended Order to the of certification as set forth in the Board for final agency action. agreement. 6. The department shall request 4. Failure to submit a complete the Board to take final agency or sufficient request for modifica- action within 30 days days from tion may be grounds for any party to issuance of the recommended order by object to the modification. the hearing officer or at the next 6-26-M 17-17.68(3)(b)2. -- 17-17.68(3)(c)6. 4 3 5 DER1994 ELECTRICAL POWER PLANT SITING 17-17 available regularly scheduled Board 17-17.695 Emergency Replacement. meeting. Emergency replacement of trans- (4) Except to the extent that mission lines certified under the the Act or this Chapter sets forth a Act requ .iring deviation from any specific procedural requirement, the condition of certification shall not Model Rules of Procedures, Florida be considered a modification pur- Administrative Code Chapter '28-5, suant to section 403.5315 F.S. A shall govern. verbal report of the emergency shall Specific Authority: 403.523(l), be made to the department as soon F.S. Law Implemented: 403.523(11), as possible. Within 30 days after 403.535, F.S. History: New correction of the emergency a report 11-20-80, Amended 6-26-84. to the department shall be made out- lining the details of the emergency 17-17.682 Exceptions. and the steps taken for its relief. Within ten days after submit- The report shall be a written de- tal of a Recommended Order to the. scription of all of the work per- deparment or the Board by the formed and shall set forth any hearing officer, in accordance with pollution control measures or miti- s. 120.57(l), F.S., parties to 4 gative measures which were utilized proceeding conducted pursuant to the or are being utilized to prevent Act and this chapter may file with pollution of waters, harm to sensi- the department or the Board, as ap- tive areas or alteration of archae- plicable, written Exceptions to the ological or historical resources. Recommended Order, with service of Specific Authority: 403.523(l), copies on all parties. Exceptions F.S. Law Implemented: 403.531(2), shall state, with particularity, 403.5315, F.S. History: New the basis for asserting that the 6-26-84. hearing officer erred In entering or omitting specific findings of 17-17.70 Revocation or Sus- fact, conclusions of law, or a pension of Certification. recommendation. Any exception dis- (1) Any certification may be puting a finding of fact must be revoked or suspended by the Board in accompanied by a complete tran- accordance with s. 403.532, F.S. script, unless all parties agree (2) Any affected agency, as that a partial transcript would authorized by law, may at its dis- suffice for the agency to review the cretion cause to be conducted any exception. investigations, monitoring or stud- Specific Authority: 403.523(l), F.S. ies related to certification, deemed Law Implemented: 403.527(3), F.S. appropriate in contemplation or in History: New 6-26-84. pursuance of suspension or revoca- tion proceedings. 17-17.69 Processing of Modifi- Specific Authority: 403.523(l), F.S. cation Petition Pursuant to Section Law Implemented: 403.532, F.S. His- 403.535(3),*1F.S '. tory: New 11-20-80, Amended 6-26-84. Specific Authority: 403.5230), F.S.. Law Implemented: 403.523(3)(6)(8Y 17-17.71 Termination of (9), 403.526, 403.527, 403.535, Certification. F.S. History: New 11-20-80, The applicant shall commence Repeated 6-26-84. construction on or condemnation or G-26-M 17-17.69(3)(c)6. -- 17-17.71 4 3,6 DER1984 ELECTRICAL POWER PLANT SITING 17-17 aquisition of the right-of-way of a Within 15 days of receipt of a transmission. line which has been proposed written agreement, as pro- certified within 5 years of the vided for in FAC Rule 17-17.54(l), date of certification or such later on the scope, quantity, and speci- date as may be authorized by the ficity of the information to be Board,. or certification shall be provided in the application, notice terminated. shall be provided: Specific Authority: 403.523(l)(8), (a) To the agencies in whose F. S. Law I mplemented: 403.52.9, jurisdiction the corridor may pass, F.S. History: New 11-20-80, informing the agencies that any Amended, 6--@16-84. disagreements must be in writing and served on the department by the 17-i7.75 Public Notice. agency within 25 days of receipt of (1)(a) The department shall the notice. prepare the text for the public (b) In the Florida Administra- notices required under this chapter tive Weekly, containing the follow- and send the notices to the appro- ing information- priat,e newspapers when required. 1. The 'name, size, and a brief The department shall notify the description of the transmission newspaper - that the invoice for line. publication is to be sent to the 2. A list of places where@ the department. If the application for proposed agreements are available certi:fication proposes one or more for inspection. secondary corridors, 1he notices 3. Text which substantially provided by this chapter shall be states "The department and other amended by the department to reflect affected agencies are authorized that such secondary corridors are by FAC Rule 17-17.54(l) to enter proper for certification. into binding written agreements (b) Many of the notice require- with : regarding the scope, ments of this section are beyond the quantity, and level of information notice content requirements of the to be provided in the application Act and are solely provided as a for certification which will sub- voluntary public service by the sequently be filed. The public may department. The content of any provide comments regarding the sub- notice may be different than that stance of such an agreement to its provided in this section so long as local government or the Transmission the deviation does not materially Line Siting Coordinator, Department and substantially alter the sub- of Environmental Regulation, 2600 stance of such notice. A person Blair Stone Road, Tallahassee, Flor- challenging any such notice content ida, 32301, within 25 days of the deviation must show that but for the publication of this notice". particular notice content deviation 4. A statement informing per- such person would have had notice of sons whose substantial Interests may -;,@ie certification proceedings. Upon be af fected b the agreement of such showing, the hearing officer their rights u7der Chapters 120 and may correct such deficiency as pro- 403 regardin6/any decision on the vided in FAC Rule 17-17.76. agreemen / (2) Notice of Binding Agree- (C) @t tl@'e discretion of the ment. department, in newspapers of general 17-17.71 17-17.75f.2)(c) 4 3 7 DER1984 ELECTRICAL POWER PLANT SITING 17-17 circulation, as defined In (3) (aY 2. Text which substantially below, consisting of the same infor-w- states the following: mation described in (b) above. a. "Application number (3) Notice of Receipt of A.ppli--; for certification to authorize loca- cation. tion of a transmission line corri- No later than 15 days after'. dor, construction, operation and the receipt of an application, the maintenence of a(n) kilovolt department shall arrange for publi- electrical transmission line(s) com- cation of a public notice consisting- monly referred to as of the following: and maintenance of th@ -transmission (a) Publication in a newspaper line right-of-way from _, Flor- of general circulation within each. ida to , Florida was received county crossecl by a transmissiory. by the Department of Environmental line corridor. A newspaper of Regulation on- 11 19 The general circulation is the newspaper case is pending before ttie-bivision which has the largest daily circula--; of Administrative Hearings, Case tion within that county and whose. No. prior to action by the principal office is in that count *y; Governor and Cabinet, pursuant to if such newspaper has its principai the Florida Transmission Line Siting office outs ide t he county, then the Act, Chapter 403, Part 11, F.S. notice shall appear in both that The corridor will pass through the newspaper and In a newspaper autho@ following local government juris- rized to publish legal notices with-' dictions in the county. The public notice b. "A certification hearing shall be no less than one-half page will be held regarding this applica- in size (one-full page in a tabloid tion in approximately 4 months and a size newspaper), bearing the heading notice stating the date, time and "Notice of Receipt of Transmission location of the hearing will be Line Certification Application" in published in this newspaper at least bold letters not less than 3/8 inch 80 days before the date set for the high. The notice shall contain the hearing. The Hearing Officer will following: receive testimony and evidence from 1. A map of the corridors the parties and the public at the proper for certification. The map certification hearing. If timely shall be supplied by the applicant requested by a local government and shall be a camera-ready copy. pursuant to s. 403.527(2), F.S., a The applicant shall consult with the public hearing where members of, the .department as to how many copies public not parties to the certifica- will be necessary. The map shall tion proceedings may testify under clearly show the corridors prope@ oath as to relevant facts and sub- for certification, Selected Town-a ject to cross examination by all ships and Ranges, and where pos-i- parties shall be held in each county sible, Sections,, shall be shown on through which the corridor passes; the map. All patterns or other' however, the public should be aware graphics used to indicate spectal that the majority of the testimony features shall be bold enough to and evidence in the case will be register legibly on newsprint. T Ili heard at the centrally located cer- map shall occupy at least one quar- tification hearing. ter of the display advertisement. C. "State agencies and local 17-17.7S(2)(c).. 17-17.75(3)(a)2.c. 6-26-84 4 38 DER1984 ELECTRICAL POWER PLANT SITING 17-17 governments will be studying the quadrangle maps specifically delin- application and preparing testimony eating the corridor boundaries, a and evidence for the certification description of the proposed alter- hearing. It is recommended that nate corridor, and a statement of interested individuals review the the reasons the proposed alternate application and bring matters of should be certified. Each party concern to the appropriate agency's proposing an alternate corridor attention as soon as possible (see shall have the burden to provide the below for listing of participating data necessary for the agencies agencies). The application for cer- 11 sted 1 n s. 403.526, F.S., to tification which more specifically prepare a supplementary report, and depicts the corridor is available the burden of proof on the certi- for public inspection at the follow- flability of the alternate corridor ing locations:" at the certification hearing. See (Here list the addresses of the main s. 403.527(5), F.S., and Florida and appropriate district offices of Administrative Code Rule 17-17.543 the department serving the area of for further information and require- the corridor; the general business ments.11 office of the applicant and the e. "Anyone wishing to become local busln6ss office of the appli- a party to the proceedings should cant, if any, In every county file an appropriate petition pur- through which the proposed corridor suant to Florida Admin. Code Rule passes; and a public library In each 28-5.207 with Hearing Offi- county through which the corridor cer, Division of Administrative passes.) Hearings, Tallahassee, Fior- d. "Consideration may be given ida, Copies of the petition in this proceeding to corridors should be sent by mail to all par- alternate to the route preferred by ties. Those wishing to intervene in - (the applicant). The applicant these proceedings, unless appearing may propose corridors secondary to. on their own behalf, must be repre- the primary corridor in order to sented by an attorney or other preserve its options, and persons person who can be determined to be other than the applicant may also qualified to appear in administra- propose alternate routes for por- tive proceedings pursuant to Chapter tions or all of the corridor. To 120, F.S., or Florida Admin. Code propose an alternate corridor, per- Rule 17-1.21. sons must request to become a party f. The text shall also include to the proceedings (see below), and section 403.527(4), F.S., in its then must file a notice of proposed entirety. alternate corridor with the hearing (b) The department shall mail officer pursuant to s. 403.527(5), the same text and map used in the F.S., all parties, and any local public notice to any person who governments in the jurisdiction of has requested to be placed on the which the alternate is proposed, by department's mailing list for no later than 50 days prior to the notification of transmission line certification hearing. The filing certification hearings. must include the most recent United W Publication of an appro- States Geological Survey 1:24000 priate notice of the application in 6-26-84 17-17.75(3)(a)2.c. -- 17-17.75(3)(c) 439 DER1984 ELECTRICAL POWER PLANT SITING 17-17 the Florida Administrative Weekly. applicable local government compre- (4) Notice of Certification hensive plans; and Hearing. 11(e) Effect a reasonable At least 80 days prior to the balance between the need for the certification hearing, public notice transmission line as a means of shall be provided and shall consist providing abundant low-cost elec- of the following: trical energy and the Impact to the (a) Publication In the same public and the environment resulting newspapers Identified pursuant to from the location of the transmis- subsection (3) above. The notice sion line corridor, and construc- shall also be of the same size, tion, maintenance, and electric and have the same heading height, as and magnetic field effects of the set forth in subsection (3) above. transmission line. Such public notice shall bear the "Consideration of individual heading, "Notice of Certification private property rights, equitable Hearing on Proposed Electrical compensation for condemnation pro- Transmission Line Corridor". The ceedings which may be necessary to public notice shall contain th6 obtain access and use of the right- following Information: of-way, and the electrical need for 1. Same as (3)(a)l. above. the transmission line will not be 2. Text which substantially heard at this hearing. Need for the states the following. transmission line is considered by a. Same as M(a)2.a. the Public Service Commission at a b. "Pursuant to Section separate hearing. 403.527, F.S., the certification co Where individual local hearing will be held by the Division government hearings have been re- of Administrative Hearings on op quested, the public notice for the 19--... at In _, Florida, particular county. shall state: "As at m. to determine whether the requested by 11 (local govern- application should be approved in ments' names) "a local public hear- whole, approved with modifications Ing where members of the public not and conditions, or denied. In making a party to the certification hearing this determination, the hearing may testify under oath as to rele- officer, and ultimately the Governor vant facts and subject to cross- and Cabinet, shall consider whether, examination by all parties shall and the extent to which, the loca- be hel d on * 19-,, at tion of the transmission line cor- in , Florida". ridor, and the construction and d. Same as (3)(02.c. maintenance of the transmission line e. Same as (3)(02.d., except will: that the date by which an alternate "(a) Ensure electric power corridor must be filed shall be system reliability and integrity; specifically listed. " (b) Meet the electric f. Same as M(02.e. energy needs of the state in an g. A statement that "This orderly and timely fashion; notice is In lieu of other notices, 11(c) Comply with nonproce@ Including those relating to vari- dural requirements of agencies; ances, changes to zoning ordinances "(d) Be consistent with and local governments' plans, or any 6-26-M 17-17.75(3)(c) 17-17.75(4)(a)2.g. 440 DER1984 ELECTRICAL POWER PLANT SITING 17-17 other non-federal government license certification hearing was published, .or permit". reminding the public of the time and h. A statement that "A term or place of the hearing. condition of the certification, if (6) Notice on Rescheduled Cer- granted, may provide for the sub- tification Hearing Due to Filing of sequent submittal of information Alternate Corridors. necessary for agencies to monitor At least 80 days prior to the the effects arising from the loca- rescheduled certif ication hearing, tion of the transmission line cor- public notice shall be provided and ridor and the construction and shall consist of the following: maintenance of the transmission line (a) Publication in the same to assure continued compliance with newspapers used in (3) above. The state water quality requirements or notice shall also be of the same compliance with other agency non- size or larger if necessary to procedural rules and standards, par- accomodate maps, have the same head- ti,cularly with regards to dredging Ing height, and shall be subject to and filling activities, without any the same specifications for the map. further government action. A person The notice shall bear the heading, whose substantial interest may be "Notice of Rescheduled Transmission affected ISy such submittals or Line Certification Hearing". The monitoring must petition to become a public notice shall contain the party to this proceeding if they following: desire an administrative determina- 1. A copy of a map or maps tion relative to the postcertifica- showing the location of all Cor- tion monitoring process in that this ridors proper for certification. certification proceeding provides Alternates located In only certain such a person with the opportunity counties need only be published in for a hearing as required by Chapter the newspapers for those counties. 120, F.S., and the Act. Failure to 2. Text which substantially petition to become a party within states the following: the time frames set forth in this a. "Pursuant to the provisions notice constitutes a waiver to an of s. 403.527(5), F.S., corridors administrative determination (or alternate to the one sought by _ hearing) pursuant to Chapter 120 and (applicant's name) in the to the Act on the postcerti fi cation re- (project name) Transmission view and monitoring unless otherwise Line Certification proceedings, specified by a term or condition of application number _, Division certification". of Administrative Hearings Case M Publication of an appro- No. _' have been submitted. In priate notice of the hearing In the order to allow citizens and agencies Florida Administrative Weekly. to study the proposal, the certifi- (5) Reminder Notice. cation hearing originally scheduled No more than two weeks prior to for , 19- and noticed In this the centrally located certification paper on _, 19 has been re- hearing, the department shall pub- scheduled to --- 1 19 at lish a brief notice In the Legal Florida, commencTng ai .Me Advertisements section of the same b. Where individuil- ioci;l_ gov- newspapers in which the notice of ernment hearings had been requested, 17-17.75(4)(a)2.g. 17-17.75(6)(a)2.b. 6-26-84 4 4 DER1994 ELECTRICAL PO*ER PLANT SITING 17-17 the public notice for the particular jurisdiction of which the alternate county shall state: "The local Is proposed, by (here list a public hearing where members of the date at least 50 days prior to the public not a party to the proceeding certification hearing). The filing could testify has also been re- must include the most recent United scheduled to 19 at States Geological Service 1:24000 Florida, commencing at mo; quadrangle maps specifically delin- citizens should be awir-e th;t- the eating the corridor boundaries, a majority of the testimony and evi- description of the proposed alter- dence of the case will be heard at nate corridor, and a statement of the centrally located certification the reasons the proposed alternate hearing identified above". should be certified* Each party C. "State agencies and local. proposing an alternate corridor governments have been studying the shall have the burden to provide the application as was originally pro- date necessary for the agencies posed and shall do the same for the listed in s. 403.526, F.S., to alternate corridor locations pro- prepare a supplementary report, and posed. It is recommended that the burden of proof on the certi- interested individuals review the flability of the alternate corridor Information available on the alter- at the certification hearing. See nate proposal and bring matters of s. 403.527(5), F.S., and FAC Rule concern to the appropriate agency's 17-17.543 for further information or the alternate proponenVs at- and requirements." tention as soon as possible (see e. Same as in (3)(02.e. - f. below for listing of participating (b) Same as (3) (b). agencies) . The information on (c) Publication of an appro- alternates Is available at the priate notice of rescheduled certi- following locations:" fication hearing In the Florida (Here list the addresses of the main Administrative Weekly. and appropriate district offices of (7) Notice on Completeness or the department, the applicable local SufflciOhcy Hearings. governments, the applicant, the Written notice of a hearing on alternate proponent, and any other the completeness or sufficiency of appropriate locations.) an application shall be given to all d. "Persons substantially parties. affected by any corridor proper for (8) Notice of a Modification certification may become a party to Request pursuant to s. 403.53150), the proceedings as described below. F.S. Persons becoming parties are enti- The notice of receipt of, and tled to propose corridors alternate of proposed agency action, (one to the alternate previously pro- not,Ice for both) on a request for posed. To propose an alternate, modification filed pursuant to FAC persons must request to become a Rule 17-17.68(3)(a) shall be in party to the proceedings (see substantial conformance with the below), and then must file a notice fol1lowing: of proposed alternate corridor with (a) Florida Administrative the hearing officer, all parties, ' Weekly Notice. and any local governments In thk "Notice of Proposed- Modification 117-117.75(6)1[a)@@.be 17--o'17.75(8)(a) 6-26-84 4 4 2 DER1984 ELECTRICAL POWER PLANT SITING 17-17 of Transmission Line Corridor Cer- person requesting the modification tification" to publish notice in a newspaper of "Please take notice that the general circulation (as defined in Department of Environmental Regula- (3)(a) above) in the affected area. tion has received a request for (9) Notice of Modification modification of a Transmission Line Request pursuant to s. 403.5315(2), Corridor Certification issued under F. S. the Florida Transmission Line Siting Within 15 days of receipt of a Act pursuant to section 403.5315(l), request for modification pursuant to F.S., and Florida Administrative s. 403.5315(2), F.S., thedepartment Code Rule 17-17.68(3)(a), concern- shall provide notice of receipt of i ng: (name and file number of such modification request by: certification). The proposed modi- . (a) Publication in a newspaper fication involves (description of general circulation, as defined and location of m@_dification). in (3)(a), in each county affected "The department proposes to by the modification. The text of - (issue/issue with changes or the notice shall contain substan- conditions /deny) the request. tially the following information: "A copy of the request and 1. The name of the utility and proposed agency action is available a brief description of the requested for inspection at (name and modification; address). 2. If corridor alignment 19RIGHT TO PETITION changes are proposed, a map of the "Any person whose substantial same quality required by (3)(01. interest may be determined by the showing the location of the modifi- proposed agency action may petition cation; pursuant to Chapter 120, F.S., for 3. A list of readily accessible an administrative proceeding (hear- places where copies of the modifica- ing) within 14 days from receipt of tion information are available; this notice. The petition must 4. A statement that: "Request conform to the requirements of Model number * to authorize a modifi- Rule section 28-5.201., FAC, and FAC cation to the previously certified Rule 17-17.68, and must be filed electrical transmission line during business hours with (received to has been received by the by) the Office of General Counsel, Department of Environmental Regula- Department of Environmental Regula- tion, pursuant to the Transmission tion, 2600 Blair Stone Road'. Talla- Line Siting Act, Ch. 403, Part 11. hassee, Florida, 32301. Failure to The modification will pass through file a petition within the afore- or affect the following local mentioned time period constitutes a governmental jurisdictions waiver of Chapter 120, F.S., right 0 Persons who" are noi to such administrative proceeding." already parties to the certification (b) A similar notice shall be proceeding and whose substantial .sent to all parties and to all interests are affected by the pro- .persons on the department mailing posed modification and who object to list. It must file their objections in (c) The department In Its writing with the Department of discretion may also require the Environmental Regulation, Office of 17-17.75(8)(a) 17-17.75(g)(a)4. 6-26-84 4 4 3 DER1984 ELECTRICAL POWER PLANT SITING 17-17 General Counsel, 2600 Blair Stone substantially the following infor- Road, Tallahassee, Florida, 32301,@ mation: during normal business hours within 1. The same as in (9) (a) I - 2., 30 days of publication of this no-, 2. A statement that: "A peti- tice. A copy of such objection must tion to authorize a modification to be served on all parties. Persons the previously certified electrical who fall to have the objection filed transmission line from Florida with (received by) the department@ to 0 Florida, is now pending within the prescribed time period before the Division of Administra- will have waived their right to tive Hearings, Case Number r object. prior to action by the Governor an@l (b) Publication of notice in Cabinet, pursuant to the Transmis- the Florida Administrative Weekly; sion Line Siting Act, Chapter 403, and Part 11, F.S. The modification will (c) Mailing notice to the last pass through the following local address of record for each party to governmental jurisdictions: .11 the original c 'ertification proceed- (Here list the Cities and Counties ings. Such' notice shall contain as appropriate). statements that advise that parties 3. A statement that: "Pursuant have the right, pursuant to to sections 403.527 and 403.5315(4), s. 403.5315(2), F.S., to object to F.S., a hearing regarding any dis- the proposed modification by filing puted issues over the modification an objection with the department of the previously issued certifica- during normal business hours within tion will be held at a later date, 45 days of the mailing of the to be announced In this paper. The notice, and that a party who fails Hearing Officer has (or will) estab- to have the objection filed with lished a schedule for processing (received by) the department within the Petition which may be shorter the prescribed time period will have than the schedule allowed for the waived their right to object. original application. A copy of the (10) Notice of Receipt of a schedule is available from Modification Petition Filed Pursuant The Hearing Officer will receive to subsection 463.5315(3), F.S. testimony and evidence from the The department shall provide parties and the public at the modi- notice of a modification petition fication hearing. If requested by fi led pursuant to subsection a local government pursuant to 403.S315(3), F.S., by: s. 403.527(2), F.S., within the time (a) Publication in a newspaper period set by the hearing officer, of general circulation as def I ned in a public hearing where members of (3)(a), in each county affected by the public not parties to the modi- the modification. The public notice fication proceedings may testify shall be no less than 1/2 page In under oath as to relevant facts and size (one full page In tabloid size subject to cross examination by all newspaper), bearing the heading, parties shall be held in each county of to Transmission Line; through which the modification would NotiZe- of Receipt of Modification occur; however, the public should Petition" in bold letters. The text be aware that the majority of the of the public notice shall contain testimony and evidence in the case 17-17.75(9)(a)`4. 17-17.75(10)(a)3. 6-26-" 4 4 4 DER1984 ELECTRICAL POWER PLANT SITING 17-17 will be heard at the centrally hearing. The filing must include located modification hearing. the most recent United States 4. "State agencies and local Geological Survey 1:24000 quadrangle governments will be studying the maps specifically delineating the proposed modification and preparing corridor boundaries, a description testimony and evidence for the modi- of the proposed alternate corridor, fication hearing. It is recommended and a statement of the reasons that interested individuals review the proposed alternate should be the proposal and bring matters of certified. Each party proposing concern to the appropriate agency's an alternate corridor shall have attention as soon as possible (see the burden to provide the data below for listing of participating necessary for the agencies listed in agencies) . The petition for modl- s. 403.526, F.S., to prepare a sup- fication which more specifically plementary report, and the burden of describes the matters of issue is proof on the certiflability of the available for public inspection alternate corridor at the modifica- at the following locations:" (Here tion hearing. See s. 403.527(5), list the addresses of the main and F.S., and Florida Administrative appropriate district offices of the Code Rule 17-17.543 for further department erving the area of the Information and requirements." proposed ;yZification; the general 6. "Anyone whose substantial business office of the applicant and Interests are affected by the pro- the local business office of the posed modification and who wishes to applicant, if any, in every county become a party to the proceedings through which the proposed modifi- should file an appropriate petition cation would occur; and a public pursuant to Florida Admin. Code Ii brary in each county through which Rule 28-5.207 with _, Hearing the proposed modification would Officer, Division of Administrative occur.) Hearings, _1 Tallahassee, Flor- 5. Where a corridor location ida, -0 Copies of the petition change has been proposed. the fol- should be sent by mail to all lowing: "Consideration may be given parties. 11 in this proceeding to corridors 7. The text shall also Include alternate to the route for which the section 403.527(4), Florida Stat- modification is proposed. Persons utes, in Its entirety. who become parties to the modifica- M By publication of appropri- tion proceeding (see below) may also ate notice in the Florida Adminis- propose alternate routes for the trative Weekly. portion of the corridor at issue. A (c) The department shall mai I notice of proposed alternate corri- the same text and map used in the dor must be flied with the hearing public notice to any person who officer pursuant to s. 403.527(5), has requested to be placed on the F.S., all parties, and any local department's mailing list for governments in the jurisdiction of notification of transmission line which the alternate Is proposed, by certification hearings. no later than (50 days/a time (11) Notice of Hearing on Modi- period established by the hearing fication Petition Filed Pursuant to officer) prior to the modification 403.5315(3), F.S. 6-26-84 17-17.7500)(03.,- 17-17.75(11) 4 4 5 DER1984 ELECTRICAL POWER PLANT SITING 17-17 At least 80 days prior to the 11(d) Be consItitent with modification hearing, or as other- applicable local government compre- wise ordered by the Hearing Officer, hensive plans; and public notice shall be provided and 11(e) Effect a reasonable shall consist of the following: balance between the need for the (a) Publication in the same transmission line as a means of newspapers. identified pursuant to providing abundant low-cost elec- subsection (10) above. The notice trical energy and the impact to the shall also be of the same size, public and the environment resulting and have the same heading height,, from the location of the transmis- as set forth in subsection (10) sion line corridor, and construc- above. Such public notice shall tion, maintenance, and electric bear the heading, 11 to and magnetic field effects of the Transmission Line; Notice of Certi- transmission line. fication Modification Hearing". The "Consideration of individual public notice shall contain the fol- private property rights, equitable lowing Information: compensation for condemnation pro- 1. Same as (9)(a)2. above. ceedings which may be necessary to 2. Text which substantially obtain access and use of the right- states the following, of-way, and the electrical need for a. Th6 name of the utility and the transmission line will not be a brief description of the requested heard at this hearing. Need for the modification. transmission line Is considered by b. "Pursuant to sections the Public Service Commission at a 403.527 and 403.5315(4), F.S., the separate hearing." modification hearing will be held C. Where individual local by the Division of Administrative government hearings have been re- Hearings on _, 19-, at _, quested, the public notice for the in . Florida, at m. to particular county shall state: "As de�rmine whether the proposal. for requested by Is (local govern- modification should be approved in ments' names) "a local public hear- whole, approved with other modifi- ing where members of the public not cations and conditions, or denied. a party to the modification hearing In making this determination, the may testify under oath as to rele- hearing officer, and ultimately the vant facts and subject to cross- Governor and Cabinet, shall consider examination by all parties shall whether, and the extent to which, be held on . 19-, at the location of the transmission in , Florida. line corridor, and the construction d. Same as (10)(04. and maintenance of the, transmission e. Same as (10)(05., except line will: that the date by which an alternate "(a) Ensure electric power corridor must be filed shall. be system reliability and integrity; specifically listed. 11 (b) Meet the electric f. Same as (10)(a)6. - 7. energy needs of the state In an g. Same as (4) (a) 2. g. - h. orderly and timely fashion; (b) Publication of an appro- 11(c) Comply with nonproce-, priate notice of the hearing in the dural requirements of agencies; Florida Administrative Weekly. 17-17.75(11)@-" 17-17.7S(11)(b) fr-26-ft 4 4 6 DER1984 ELECTRICAL POWER PLANT SITING 17-17 (c) Same as (10)(c). (3) The hearing officer may, (12) Reminder Notice for Modi- at any time for good cause shown, fication Hearing Conducted on Peti- require the department to serve or tion Filed Pursuant to s. 403.5315 publish additional notices of hear- (3), F. S. Ing and file evidence thereof. No more than two weeks prior Specific Authority: 403.523(l), to the modification hearing. the F. S. Law I mplemented: 403. 5 23 (6) (9), department shall publish a brief 403.527(l)(5), 403.5315, F.S. notice in the Legal Advertisements History: New 11-20-80, Transferred section of the newspapers in which from 17-17.62 and Amended 6-26-84. the notice of modification hearing was published, reminding the public of the time and the place of the hearing. Specific Authority: 403.523(1)1, F.S. Law Implemented: 403.523(9), 403.527(l)(S), 403.535, F.S. History: New 11-20-80, Transferred from 17-17.61 and Amended 6-26-84. 17-17.76 Evidence of Notice. Additional Notice. (1) Evidence of any notice made pursuant to this chapter, together with a copy of the notice, shall be filed with the hearing officer by the department at the commencement of the hearings held pursuant to the subject of the notice. (2) Failure of service on, or to give notice to the public by publication or otherwise or any of the persons entitled to receive such service or notice pursuant to provi- sions of this chapter, may be cured by an order of the hearing officer designed to afford the public or such persons adequate notice to enable their effective participation in the proceedings. 6-26-84 17-17.75(11)(c) 17-17.76 (History) 4 4 7 DER1982 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 CHAPTER 17-24 COASTAL MANAGEMENT PROGRAM GRANTS 17-24.01 Purpose. amended, 16 U.S.C. Section 145 1, 17-24.02 Policy. et seg. 17-24.03 Definitions. (a) Section 306 funds may be 17-24.04 Application Procedures. utilized by the Department to assure 17-24.05 Preliminary Approval. effective Implementation of the 17-24.06 Federal Approval and management program, including Acceptance. administrative actions to carry out 17-24.07 Review Criteria. and enforce program policies and 17-24.08 Award Conditions. authorities. 'These funds may be used for personnel costs, supplies 17-24.01 Purpose. and overhead, equipment, feasibility The purpose of this rule Is to studies, and preliminary engineering provide for the administration of reports. coastal management funds allocated (b) Subject to the promulgation by the Department of Environmental of federal regulations, Section 306A Regulation and to establish proce- funds may be utilized to provide dures for the application for funds, access to public beaches, public evaluation of applications, and dis- coastal areas and coastal waters; to bursements of the funds. redevelop deteriorating and under- General Authority: 380.19(17), F.S. utilized urban waterfronts and parts Law Implemented: 380.19, 380.22(3), that are designated by the State as F.S. History: New. areas of particular concern; and for preservation and restoration proj- 17-24.02 Policy. ects In areas designated for preser- The policy of the Department vation or restoration or in areas pertaining to the Coastal Management that contain one or more coastal Program Is as follows: resources of national significance. (1) The Department will admin- Grant awards under this section may Ister the program consistent with be utilized for land acquisition, the intent and purposes of the low-cost construction projects, Florida Coastal Zone Management Act urban waterfront and port rehabili- of 1978, the Federal Coastal Zone tation projects, detailed engineer- Management Act of 1972 as amended, Ing and design studies, and educa- and applicable federal regulations. tional and management costs. (2) Coastal management funds General Authority: 380.19(7), F.S. will be utilized to meet both state Law Implemented: 380.19(4), F.S. and national coastal management History: New. objectives by funding activitie's and tasks which address Issues or Im- 17-24.03 Deflnitions. provements In coastal areas. As used in this rule: (3) This rule will be utilized (1) "Applicant" Includes state to administer funds appropri 'ated agencies, water management dis- under, and In accordance with, Sec- tricts, regional planning councils, tions 306 and 306A of the Coastal port authorities, and local gov- Zone Management Act of 1972, as ernments. Only units of local 17-24*01 17-24.03 4 4 DER1982 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 government abutting the Gulf of ment or the Department. Applica- Mexico or the Atlantic Ocean, or tions for funds must be postmarked which include or are contiguous to or hand delivered to the Department waters of the State where marine before the established deadline. species of vegetation listed by rule (4) The Department will review pursuant to Section 403.817, Florida applications based upon criteria Statutes, constitute the dominant established In this rule. plant community, are eligible to General Authority: 380.19(7), F.S. receive coastal management funds. Law Implemented: 380.19(4), F.S. See Table 1 for a listing of eligi- History: New. ble local governments. (2) "Reciplent" means an appli- 17-24o05 Preliminary Approval. cant who receives a grant award. (1) The Department shall make a (3) "Department" means the preliminary decision to approve or Florida Department of Environmental disapprove each application. The Regulation. Department shall issue a notice of (4) "Coastal Management Funds" Its Intended action to each appli- means those funds received pursuant cant. to Sections 306 and 306A of the (2) Notice of the proposed Coastal Zone Management Act of 1972, action regarding an application as amended, 16 U.S.C. Section 1451 shal.1 be published In the Florida et seq. Administrative Weekly. Any peFs-on (5) "Match" means non-federal whose substantial Interests are funds expended and/or In-kind affected may request a hearing pur- services provided by the recipient suant to Section 120.57, Florida In conjunction with funds received Statutes, within fourteen (14) days through this program. of publication of the notice. Fall- General Authority: 380.19(7), F.S. ure to request a hearing within the Law Implemented: 380.19(7), 380.24, applicable time period shal.1 consti- F.S. History: New. tute. a waiver of the right to a hearing. 1 17-24.04 Application Proce- (3) Petitioners for hearing dures. shall not cause the suspension of (1) The Department shall Issue further action on other applications a notice of the availability of for which a petition for a hearing funds in the Florida Administrative has not been filed In a timely man- Weekly at least thirty (30) days ner. If, as a result of Chapter prior to the deadline for receiving 120, Florida Statutes, administra- applications. tive or judicial proceedings, the (2) Each applicant seeking to Department's preliminary decision to obtain coastal management funds disapprove a project is reversed, shall obtain the most recent in- the Department will take all reason- structions and application forms able steps to Include the applica- provided by the Department. tion In Its current financial (3) In order to be eligible for assistance application. If this coastal management funds, an appli- Inclusion Is not possible, the cant must submit a completed appll- Department shall give appropriate cation form and any other supportive priority consideration to the appli- information which may be required by cation In Its following application the Office of Coastal Zone Manage- to the Federal Office of Coastal 17-24.03 17-24.05 4 4 9 DER1982 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 Zone Management. the Federal Office of Coastal Zone (4) Applications which receive Management any application for which preliminary approval shall be sub- current and complete application mitted. as a part of -the.DepartmeniVs forms, Including supplemental infor- financial assistance application to mation as may be requested by the the Federal Office of Coastal Zone Department, has not been received. Management and to the appropriate (2) The Department, in its state and regional A-95 Clearing- preliminary decision to approve or house for review and comment. disapprove an application, shall General Authority: 380.19(7), F.S. consider: Law Implemented: 380.21, 380.22, (a) Funding priorities estab- F.S. History: New. lished by the Department subsequent to comments from the Interagency 17-24.06 Federal Approval and Management Committee and the State Acceptance. Coastal Advisory Committee. (1) Subsequent to A-95 review (b) Federal and state coastal and final action by the Federal management goals and objectives. Office of Coastal Zone Management, (c) The amount of available the Department shall notify those coastal management funds. applicants who have received prellm- (d) Specific comments by state Inary approVal as to the status of and areawide A-95 Clearinghouses. their applications. (e) Consistency of the applica- (2) Recipients will have a tion with the Florida Coastal Man- maximum of fifteen (15) calendar agement Program and with applicable days from the receipt of notifica- state and federal rules, regulations tion of selection for a grant award and statutes. to submit a letter of acceptance. (3) In addition to these afore- (3) Recipients will have a mentioned criteria, local government maximum of forty-five (45) calendar applicants shall demonstrate that days from receipt of notification of their application Is consistent with funding to: their adopted local comprehensive (a) submit to the Department an plan. executed contract between the De- General Authority: 380.19(7), F.S. partment and the recipient, and Specific Authority: 380.22(3), F.S. (b) where applicable, submit to Law Implemented: 380.21(2), 380.22; the Department for approval, any F.S. History: New. applicable subcontracts. (4) The Department may revoke 17-24.08 Award Conditions. grant awards to recipients who do (1) Each recipient under this not comply with the requirements of program shall pledge and provide at Section 17-24.06(2) and (3), Florida least a twenty percent (20%) match. Administrative Code (2) The recipient shall comply General Authority: ;80.19(7), F.S. with OMB Circular A-102 and FMC Law Implemented: 380.21, 230.22, 74-4, coastal management require- F.S. History: New. ments found In 15 C.F.R. 923, and any specific award conditions. 17-24.07 Review Criteria. (3) The recipient may not use (1) The Department shall not other federal funds to meet the include In Its Coastal Management matching share requirements of the financial assistance application to award. 17-24.05 17-24.08 4 5 0 DER 1982 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 (4) Each recipient shall submit General Authority: 380.19(7), F.S. progress reports in accordance with Law Implemented: 380.21(2), 380.22, the performance schedule found in F.S. History: New. the contract. (5) The tasks performed by the recipient pursuant to this program shall be completed on or before the end of the contract. Requests for payment must be submitted to the Department by the recipient within thirty (30) days following the end of the contract. (6) Each recipient shall in- clude in Its annual post audit, an audit of Its coastal management grant. The annual audit shall in- clude a schedule Identifying reve- nues, expenditures, fund balances and match funds in accordance with applicable rules, regulations and contract provisions. A copy of this schedule and any audit comments related thereto shall be provided to the Department within thirty (30) days after completion of the audit. In the event that the requirements of these rules and the contract are not met, the recipient shall be held liable for reimbursement to the Department for all funds not spent In accordance with applicable state and federal regulation and contract provisions. (7) The Inclusion of the sub- stance of an application In the State's coastal management financial assistance application does not imply the approval of, or exemption from, any Department permit or license required to construct or operate the project. Projects Included . In the State coastal management financial assistance application shall comply with all. applicable permitting requirements including, If necessary, obtaining: State water quality certification pursuant to Section 401 of ibe, Federal Water Pollution Control Act, 33 U.S.C. Section 1341. 1,7,-24.08 4 5 1 DER1982 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 TABLE 1 COUNTIES AND CITIES ELIGIBLE FOR COASTAL MANAGEMENT FUNDS BAY COUNTY CITRUS COUNTY FRANKLIN COUNTY Bayview (No' cities)' Apalachicola Cal laway Carabelle Lynn Haven COLLIER COUNTY Mexico Beach GULF COUNTY Panama City Everglades City. Panama City Beach Naples Port St. Joe Parker Springfield DADE COUNTY HERNANDO COUNTY BREVARD COUNTY Sal Harbour Village (No cities) Bay Harbour Islands Cape Canaveral Coral Gables HILLSBOROUGH COUNTY Cocoa El Porta I Cocoa Beach Golden Beach Tampa Indialantic Indian Creek Village Indian Harbor Beach Islandia INDIAN RIVER COUNTY Malabar Miami Melbourne Miami Beach Indian River Shores Melbourne Beach Miami Shores Orchid Palm Bay North Bay Sebastian Palm Shores North Miami Teto Beach Rock [edge North Miami Beach Satellite Beach SurfsIde JEFFERSON COUNTY Titusville DIXIE COUNTY (No cities) BROWARD COUNTY Horseshoe Beach LEE COUNTY Dania Deerfield Beach DUVAL COUNTY Cape Coral Ft. Lauderdale Ft. Myers Hallandale Atlantic Beach Sanibel Hillsboro Beach Jacksonville Hollywood Jacksonville Beach LEVY COUNTY Lauderdale-by- Neptune Beach the-Sea Cedar Key Lighthouse Park ESCAMBIA COUNTY Yankeetown Oakland Park Pompano Beach Pensacola MANATEE COUNTY Sea Ranch Lakes Wilton Manors FLAGLER COUNTY Anna Maria B radenton CHARLOTTE COUNTY Beverly Beach Bradenton Beach Flagler Beach Longboat Key (part) Punta Gorda Marineland (part) Holmes Beach Painters Hill Palmetto 17-24 - Table I 452 DER1992 COASTAL MANAGEMENT PROGRAM GRANTS 17-24 TABLE I (Continued) MARTIN COUNTY PASCO COUNTY SARASOTA COUNTY Jupiter Island New Port Richey Longboat Key (part) Ocean B reeze Park Port Richey North Port Sewall's Point Sarasota Stuart PINELLAS COUNTY Venice MONROE COUNTY Belleair TAYLOR COUNTY BelleaIr B each Key Colony Beach Bel leai rB I uffs (No cities) Key West Bellealr Shores Layton Clearwater VOLUSIA COUNTY Dunedin NASSAU COUNTY Gulfport Daytona Beach Indian Rocks Beach Daytona Beach Fernandina Beach Indian Shores Shores Largo Edgewater OKALOOSA COUNTY Madlera Beach- Holly Hill North Redingtbn New Smyrna Beach Cinco Bayou Beach Oak Hill Fort Walton Beach Oldsmar Ormond Beach Mary Esther Redington Beach Ponce Inlet Niceville Redington Shores Port Orange Shalimar Safety Harbour South Daytona Valparaiso St. Petersburg St. Petersburg WAKULLA COUNTY PALM BEACH COUNTY Beach Seminole St. Marks Boca Raton Tarpon Springs Boynton Beach Treasure Island-, WALTON COUNTY Briny Breezes Delray Beach ST. JOHNS COUNTY (No cities) Gulfstream: Highland Beach Marineland (part) Hypoluxo St. Augustine Juno Beach St. Augustine" Beach Jupiter Jupiter Inlet Coloney ST. LUCIE CbUNTY Lake Park Lantana Fort Pierce Manalapan Port St. Lucie North Palm Beach St. Lucie VI1Iage Ocean Ridge Palm Beach SANTA RO:.SA. COUNTY Palm Beach Gardens Palm Beach Shores Gulf Breeze Riviera Beach South Palm Beach Tequesta West Palm Beach 17-24 Tabli I (cont.) 4 5 3 CHAPTER 17-25 REGULATION OF STORMWATER DISCHARGE Library References: Stormwater revisited: DER's new rule for regulation of stormwater discharges, Segundo J. Fernandez, 56 Fla. Bar J. 479 (Afay, 1982). 17-25.01 Scope. (1) The discharge of untreated stormwater may reasonably be expected to be a source of pollution of waters of the state and is, therefore, subject to Department regulation. The Department shall prevent pollution of waters of the state by discharges of stormwater, to ensure that the disignated most beneficial uses of waters, as prescribed by Chapter 17-3, Florida Administrative Code, are protected. SUPPLEMENT 17-2 (2) A permit under this chapter will be required only for new stormwater discharge facilities as defined herein. This provision shall not affect the Department's authority to require appropriate corrective action, pursuant to Sections 403.121--403.161. Florida Satutes, whenever existing facilities cause or contribute to violations of state water quality standards. (3) Stormwater discharges to groundwaters shall be regulated under the provisions of Rule 17-4.245, F.A.C. and other applicable rules of the Department. (4) The Department intends that, to the greatest extent practicable, the provisions of this chapter be delegated to either local governments or water management districts seeking such delegation. Specific Authority 403.061 F.S. Law Implemented 403.021, 403.061, 403.101(1) F.S. History-- 2-1-82, Amended 1-26-84. 17-25.02 Definitions (1) "Conservation Plan" -- a formal document, prepared or approved by a local Soil and Water Conservation District Board organized pursuant to Chapter 582, Florida Statutes, which outlines a system of management practices to control soil erosion, reduce sediment loss or protect the water quality on a specific parcel of property. (2) "Construction" -- any on-site activity which will result in the creation of a new stormwater discharge facility, including the building, assembling, expansion, modification, or alteration of the existing contours of the property, the erection of buildings or other structures, or any part thereof, or land clearing. (3) "Detention" or "To Detain" -- the collection and temporary storage of stormwater in such a manner as to provide for treatment through physical, chemical, or biological processes with subsequent gradual release of the stormwater. (4) "Engineer" -- a professional engineer registered in Florida, or other person exempted pursuant to the provisions of Chapter 471, Florida Statutes, who is competent in the fields of hydrology and stormwater pollution control. (5) "Effective Grain Size" -- the diameter of filter sand or other aggregate that corresponds to the 10 percentile finer by dry weight on the grain size distribution curve. (6) "Filtration" or "To Filter" -- the selective removal of suspended matter from stormwater by passing the water through at least 2 feet of suitable fine textured granular 17-25.025 1984 ANNUAL SUPLEMENT 428 media such as potting soil, uniformly graded sand and gravel, or other natural or artificial aggregate, which may be used in conjunction with filter fabric and/or underdrain pipe. (7) "New Stormwater Discharge Facility" - a stormwater discharge facility which is not in existence on Febuary 1, 1982, or for which a completed stormwater discharge, dredge or fill, or other Department permit or liscense application has not been recerved before Febuary 1, 1982, or an existing stormwater discharge facility which is modified, as specified in Rule 17-25.04(3). F.A.C. on or after February 1, 1982. A stormwater discharge facility approved or found to be exempt by the Department before February 1, 1982, or a facility which has been determined by the Department not to bo significant pursuant to Rule 17-4.248(5), F.A.C., before February 1, 1982, shall not be considered a new stormwater discharge facility. (8) "Retention" or "To Retain" - the prevention of, or to prevent the discharge of, a given volume of stormwater runoff into surface waters of the State by complete on-site storage. (9) "Stormwater" - the flow of water which results from, and which occurs immediately following, a rainfall event. (10) "Stormwater Discharge Facility" - a stormwater management system which discharges stormwater into surface waters of the State. (11) "Stormwater Management System" - the designed features of the property which collect, convey, channel, hold, inhibit, or divert the movement of stormwater. (12) "Swale" - a manmade trench which: (a) Has a top width-to-depth ratio of cross-section equal or greater than 6:1, or side slopes equal to or greater than 3 feet horizontal to 1 foot vertical; (b) Contains contiguous areas of standing or following a rainfall event; (c) Is planted with or has stabilized vegitation suitable for soil stabilization, stormwater treatment, and nutrient uptake; and (d) Is designed to take into account the soil erodibility, soil drainage area so as to prevent erosion and reduce pollutant concentration of any discharge. (13) "Uniformity Coefficient" - the number representing the degree of homogeneity in the distribution of particle sizes of filter sand or other granular material. The coefficient is calculated by determining the D"/D" ratio where D"/D" refer to the particle diameter corresponding to the 10 and 60 percentile of the material which is finer by dry weight. (14) "Waters" - are as defined in Section 403.031(3), Florida Statutes. Specific Authority 403.061 FS. Law Implemented 403.021, 403.031, 403.061 FS. History- Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84. Editorial Note: The 1-26-84 amendment entirely superseded the former rule. 17-25.025 Design and Performance Standards. The following design and performance standards are established for the purpose of determining compliance with this chapter: (1) Detention basins shall again provide the capacity for the specified treatment colume of stormwater within 72 hours following a storm event. (2) Filtration systems shall have pore spaces large enough to provide sufficient flow capacity so that the pearmeability of the filter is equal to or greater than the surrounding soil. The design shall ensure that the particles within the filter do not move. When sand or other fine textured aggregate other than natural soil is used for filtration, the filter material should be of a quality sufficient to satisfy the following requirements: (a) Washed (less than 1 percent silt, clay and organic matter) unless filter cloth is used which is suitable to retain the silt, clay and organic matter within the filter; (b) Uniformity coefficient 1.5 of greater; and (c) Effective grain size of 0.20 to 0.55 millimeters in diameter. These criteria are not intended to preclude the use of multilayered filters nor the use of materials such as alum sludge to increase ion exchange or pollutant absorbtion capacity of the filter. (3) Retention basins shall again provide the capacity for the given volume of stormwater within 72 hours following the storm event. The additional storage colume must be provided by a decrease of stored water caused only by percolation through soil, evaporation or evapotranspiration. (4) Swales shall be designed to percolate 80% of the runofff from a three-year, one-hour design storm within 72 hours after a storm event, assuming average antecedent conditions. Specific Authority 403.061 FS Law Implemented 403.021, 403.061, 403.101(1) FS History--New 429 1984 ANNUAL SUPPLEMENT 17-25.03 1-26-84, Amended 3-28-84 17-25.03 Exemptions. (1) The following types of new stormwater discharge facilities are exempt from the notice and permit requirements of this chapter: (a) facilities designed to accomodate only one single family dwelling unit, duplex, triplex or quadruplex, provided the single unit, duplex, triplex, or quadruplex is not part of a larger common plan of development or sale: (b) facilities which are designed to serve single family residential projects, including duplexes, triplexes and quadruplexes, of less than 10 acres total land area and which have less than 2 acres impervious surface provided that the facilities: (i) comply with all regulations or ordinances applicable to stormwater managment and adopted by a city or county; and (ii) are not part of a larger common plan of development or sale; and (iii) discharge into an exempt or permitted stormwater discharge facility which has sufficient capacity and is owned, maintained, or operated by a city, county, special district with drainage responsibility, or water management district; however, this exemption does not authorize hookups without the facility owner's prior written consent; or (iv) discharge into a stormwater discharge facility which has sufficient capacity and is part of a master drainage plan adopted by a city or county; however, this exemption does not authorize hookups without the facility owner's prior written consent. (c) stormwater discharge facilities whose functioning treatment components consist entirely of swales; (d) facilities for agricultural lands, provided those facilites are part of an approved conservation plan; however, if the conservation plan is not implemented according to its terms, this exemption shall be void; and (e) facilities for silvicultual lands, provided that the facilities are constructed and operated in accordance with the Silviculture Best Management Practices Manuel (1979), published by the State of Florida, Department of Agriculture and Consumer Services, Division of Forestry, which is adopted and made a part of this rule by reference. A copy of this manual may be obtained by writing the Department of Agriculture, Division of Forestry, 3125 Conner Boulevard, the Collins Building, Tallahassee, Florida 32301, and may be inspected at all Department of Environmental Regulation offices. (2) The following types of new stormwater discharge facilities are exempt from the permitting requirements of this chapter provided that the owner files notice and an engineer certifies to the Department, on forms provided by the Department, at least 14 days prior to construction that the discharge facility will meet the criteria specified below and provided that an entity responsible for operation and maintenance of the proposed facility has been determened. Furthermore, an engineer shall certify on forms provided by the Department, within 14 days after construction is completed that the new stormwater discharge facility, as constructed, qualifies for exemption under this section. If a written statement of exemption is requested by the owner or the owner's agent, the Department may require that the owner and engineer furnish appropriate design analyses, calculations, drawings, specifications and other information to describe, verify and document that the proposed stormwater discharge facility qualifies for exemption according to this section. (a) facilities which discharge into a stormwater discharge facility which is permitted pursuant to Rule 17-25.04 or exempt pursuant to Rule 17-25.03 where the appropriate treatment criteria specified in this chapter and applied to the permitted or exempt facility are not exceeded by the discharge;however, this exemption does not authorize hookups to permitted or exempt facilities without the facility owner's prior written consent;or (b) facilities which provide retention, or detention with filtration, of the runoff from the first one inch of rainfall; or, as an option, for projects or project subunits with drainage areas less than 100 acres, facilites which provide retentio, detention with filtration, of the first one half inch of runoff; or (c) modification or reconstruction by a city, county, state agency, special district with drainage responsibility or water management district of an existing stormwater management system which is not intended to serve new development, and which will not increase pollution, or change points of discharge in that would adversely affect the designated uses of 17-25.05 1984 ANNUAL SUPPLEMENT 430 waters of the State Specific Authority 403.061, 403.087, 403.088, 403.504 FS Law Implemented 403.021, 403.061, 403.182,403.502,403.702, 403.708 FS. History-Formerly 17-4.248, Amended and Renumbered 2-1.82. Amended 3-30-82, 1-26-84, 3-28-84. Editorial Note: The 3-28-84 amendment deleted subparagraph (2)(c) and amended and relettered former (2)(d) as (Z)(c). 17-25.04 Construction Permit Requirements for New Stormwater Discharge Facilities. (1) Any person intending to construct as a new stormwater discharge facility, except as exempted by Rule 17-25.03, F.A.C., or as noted in Rule 17-25.06, F.A.C.,shall apply to the Department for a construction permit , using forms provided by the Department, prior to commencement of construction of the stormwater discharge facility. In a geographical area where delegation has occurred, pursuant to Rule 17-25.05, F.A.C, application shall be made pursuant to the provisions of the delegation document. (2) Construction of a new stormwater discharge facility shall not be undertaken without a valid construction permit as required pursuant to this rule. (3) Modifications to an existing stormwater discharge facility that will increase the design discharge of the system, increase pollution loading, or change points of discharge, except from emergency repairs, are considered new stormwater discharge facilities for purposes of this chapter. (4) A construction permit may be issued to the applicant, upon such condition as the Department may direct only if the applicant affirmatively provided the Department with reasonable assurance based on plans, test results and other information, that the construction, expansion, modification, operation, or activity of the stormwater discharge facility will not discharge, emit, or cause pollution in contravention of Department standards rules, or regulations (5) A showing by the applicant that the facility design will provide treatment equivalent to either retention, or detention with filtration, as described in this chapter, of the runoff from the first one inch of rainfall; or, as an option for projects or project subunits with drainage areas less than 100 acres, the first one half inche of runoff, shall be presumed to provide reasonable assurance pursuant to subsection (4) above, provided that adequate provisions have been made for operation and maintenance of the proposed facility. (6) In otherwise determining whether reasonable assurance has been provided, the Department shall, where appropriate, consider: (a) whether best management practices are proposed, such as those described in "A Manual of Reference Management Practices for Urban Activities (July, 1978)." "A Manueal of Reference Management Practices for Construction Activities (December, 1977)," "A Manual of Reference Management Practices for Agricultural Activities (November 1978)," "Silviculture Best Management Practices Manual (1979)," "Stormwater Management Manuel (October 1977)," or best management practices described in manuals adopted by the Environmental Regulation Commissioin pursuant to Rule 17-25.05, F.A.C., or other appropriate best management practices. The manuals listed above by name are adopted and made a part of this rule by reference. Copies of these documents may be obtained by writing the Department, and may be inspected at all Department offices; (b) the public interest served by the discharge; (c) the probable efficacy and costs of alternative controls; (d) whether the proposed water quality benefits are reasonably related to the costs of the controls; and (e) whether reasonable provisions have been made for the operation and maintenance of the proposed facility. Specific Authority 403.031, 403.061, FS. Law Implemented 403.088 FS. History--Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84, 3-28-84. 17-25.05 Delegation (1) The Department may, after notice in the Florida Administrative Weekly pursuant the the provisions of Chapter 120, Florida Statutes, delegate to either local governments or water management districts seeking such delegation, as provided in Sections 403.182, 403.812, Florida Statutes, and this rule, the authority to process notices, issue or deny permits, initiate enforcement actions, and monitor for compliance as provided in Sections 403.182, 403.812, Florida Statutes, and this rule. Delegation shall not include the authority for a local government or a water managment district to issue or deny permits for its own activities except replacement items or maintenance of existing facilities. 431 1984 ANNUAL SUPPLEMENT 17-25.09 (2) A water management district which has been delagated stormwater regulation pursuant to this section may establish alternative requirements which protect the designated uses of waters of the State provided that the alternative requirements are approved by the Environmental Regulation Commission pursuant to Section 403.804, Florida Statutes. Alternative requirements so approved by the Commission shall apply in lieu of the provisions of this chapter in the area of delegation. Following delegation to a water managment district, those activities within the district that meet the exemption criteria of Rule 17-25.03(1), F.A.C., shall be exempt from the requirements Outstanding Florida Waters. (3) A local government which has been delegated stormwater regulation pursuant to this rule may also establish by rule, ordinance or local law, alternative requirements provided the Department determines such alternative requirements are compatible with, or more stringent than, those imposed by this chapter. Specific Authority 403.061, 403.062, 403.182, 403.805, 403.812 FS. Law Implemented 403.021, 403.061, 403.062 403.182, 403.805, 403.812 FS. History-Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84. 17-25.06 Relationship to Other Permitting Requirements. (1) Whenever the construction of a new stormwater discharge facility requires that a dredge or fill permit be secured pursuant to Rule 17-4.28 or 17-4.29, F.A.C., or whenever other rules of the Department require that a permit, Section 401 Federal Clean Water Act certification or other certification be secured all applicable stormwater requirements under this chapter shall be reviewed as part of thos permit applications. A separate permit application under this chapter shall not be required. If the appliant requests a separate stormwater permit, the applicant must notify the Department of any other Department permits, exemptions, or certifications which have or will be requested for the project. (2) The permit requirements of Chapter 17-4 or other applicable rules, rather than thos of this chapter, shall apply to discharges which are a combination of stormwater and industrial or domestic wastewater or which are otherwise contaminated by non-stormwater sources unless: (a) the stormwater discharge facility is capable of providing treatment of the non-stormwater component sufficient to meet state water quality standards; and (b) the applicant requests that the permit requirements of this Chapter apply. Specifi Authority 403.061, 403.062, 403.087 FS Law Implemented 403.021, 403.061, 403.087, 403.088, 403.101, 403.101, 403.702, 403.708 FS. History--Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 1-26-84. 17-25.07 Transferability of Other Chapters. Specific Authority 403.061, 403.062, 403.087, 403.504 FS Law Implemented 403.021, 403.061, 403.087, 403.088 403.101,403.502, 403.702, 403.708 FS History--Formerly 17-4,248, Amended and Renumbered 1-20-82, Repealed 5-1-82. 17-25.08 General Provisions. Nothing under this chapter shall preclude: (1) stormwater effects from being considered in the evalution of other types of permits where such consideration is relevant to a determination of compliance with applicable Department requirements; (2) the legal joinder in a permitting proceeding under this chapter of persons who own or control unpermitted stormwater discharge systems which comprise a significnt portion of the stormwater disccharge facility; (3) the Department from taking appropriate legal action including but not limited to the requiring of a permit to prevent the impairment of a use for which a water of the state has been designated under Chapter 17-3, Florida Administrative Code; (4) the Department from entering interagencey or interlocal agreements ot accomplish the provisions of this chapter. Specific Authority 403.061, 403.062, 403.087 FS Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.161, 403.708 FS History--Formerly 17-4.248, Amended and Renumbered 1-20-82. 17-25.09 List of Entities to Which Permitting Pursuant to This Chapter Has Been Delegated; Addresses; Delegation Documents and Rules Adopted by Reference. (1) South Florida Water Management District, Post Office Box V, West Palm Beach, Florida 33402. (a) Surface Water Management Rule; Chapter 40E-4, F.A.C. (March 9,1983); (b) General Surface Water Management Rule; Chapter 40E-40, F.A.C. (December 1, 1982); 1984 ANNUAL Sl (4) Basis of Review for Surface Waters Management Permit Applications within the Numb Florida Water Management the South Florida Water Managment District-December 1982." (d) Nothing in this delegation shall prevent the Department from considering the- stormwater impact of dredging or filling regulated pursuant to Rule 17.4 F.A.C or 17-4.29, F. A. C., or the district from implementing applicable provisions of Chapters 17-3 and 17-4, F. A. C. Provided, however, in those cases where the water management district has issued a surface water management permit pursuant to Chapter 373. Part IV,Florida Statutes and this delegation, the Department shall confine its review of stormwater quality impacts solely to those generated by dredging and filling regulated pursuant to Rules 17-4.28 and 17-4.29, F. A. C. (2) Southwest Florida Water Management District, 2379 Broad Street. Brooksville. Florida 33512. (a) Regulation of Stormwater Discharge, Chapter 17-25 F. A. C. (b) When a proposed stormwater discharge facility is associated with activities which require a dredge and fill, industrial want, or hazardous waste permit from the Department, stormwater permit applications and exemption notices must be submitted to the Department and the Department shall regulate such stormwater discharge facilities within the district Specific Authority 403.061,403.812, FS Law Implemented 403.021, 403.061, 403.812 FS History-Formerly 17-4.248, Amended and Renumbered 2-1-82, Amended 3-30-82, 1-26-84, 3-28-84. Editorial Note: The 1-26-84 and 3-28-84 amendments entirely superseded the former rule. 17-25.10 Effective Date. Specific Authority 120.54(12)(a), 403.061(7) FS Law Implemented 120.54(12)(a), 403.051 FS. History-Formerly 17-4.248, Amended and Renumbered 2-1-82, Repealed 1-26-84. DER1982 STATE PUBLIC WORKS PROGRAM - BASIS OF STATE REVIEW 17-26 CHAPTER 17-26 STATE PUBLIC WORKS PROGRAM - BASIS OF STATE REVIEW 17-26.01 General Authority. (3) Projects Included In the 17-26.02 Definitions. State Public Works Program remain 17-26.03 Studies or Projects to be subject to state permits pursuant to Conducted by the Corps of Chapters 373, 403 and 253, Florida Engineers. Statutes, and state water quality 17-26.031 Local Sponsors for Corps certification pursuant to Section of Engineers Studies or 401 of P.L. 92-500, as amended. P rojects. Whenever possible the Department and 17-26.04 Water Resources Conference local sponsor shall Identify at the and Study/Project Review study stage, for Informational pur- Procedures. poses only, as many issues as can be 17-26.05 Preliminary Public Works determined might arise at such time Program. as permit applications are submitted 17-26.06 Public Works Program. to the Department. 17-26.07 Criteria for Reviewing Wa- Specific Authority: 373.043, ter Resource Development 373.044, F.S. Law Implemented: and Management Studies 373.026(g), 373.043, 373.044, F.S. and Projects. History: New. 17-26001 General Authority. 17-26.02 Definitions. (1) Pursuant to Section 373.026 (1) "Continuing Authority Proj- (9), Florida Statutes, the Depart- ects" are those projects, usually ment of Environmental Regulation Is not exceeding $2,000,000 In cost, authorized to: which the Secretary of the Army and (a) "hold annually a conference Chief of Engineers may undertake on water resources development"; without specific authorization from (b) "select those projects for Congress. presentation In the Florida program (2) "Corps" means the United of public works which best represent States Army Corps of Engineers. the public welfare and Interest of (3) "Department" means the the people of the state as required Department of Environmental Regula- for the proper development, use, tion. conservation and protection of wa- (4) "Local Sponsor" means the ters of the state and land resources local public body which sponsors a affected thereby"; and, water resource study or project. (c) 11present to the appropriate (5) "Project" means those Im- committees and agencies of the Fed- plementation actions taken by the eral government a program of public Corps based upon the recommendations works for Florida, requesting autho- contained In a study and which are rization for funds for each proj- specifically authorized and funded ect. 11 by Congress. (2) The State Public Works Pro- (6) "Public Works Program" or gram contains those water resource "Program" means Florida's annual studies or projects carried out by request for federal funding for wa- the U.S. Army Corps of Engineers. ter resource studies and projects. 17-26.01 17-26.02 4 5 8 DER1982 STATE 'PUBLIC WORKS PRO GRAM - BASIS OF STATE REVIEW 17-26 (7) "Study" means a water re- United States government free from source Investigation conducted by damages resulting from the Implemen- the Corps specifically authorized tation and operation of the study or and funded by Congress to determine- project. the feasibility of a proposed proj- (3) Other requirements of the ect or to provide planning services local sponsor of a study or project to state and local governments. which may be specified by the Corps Specific Authority: 373.043, include: 37-3.044, F.S. Law Implemented: I (a) Operating and maintaining 373-026(9), 373.043, 373-044, F.S. completed Improvements; History: New. (b) Preventing future encroach- ments on the study or project area; 17-26.03 Studies or Projects (c) Providing utility reloca- to be Conducted by the Corps of tions, disposal areas, royalty-free Engineers. rock, supplemental dredging and (1) Federal funding may be m- jetty work, dikes for containing quested for studies or projects. dredge material, and cash contribu- (2) Except fo r Continuing, tions toward new work; and, Authority Projects, studies and (d) Contracting to repay all or projects must be specifically autho- a portion of the costs allocated to rized by Congressional Resolution or project facilities beneficial to Act and funded as a separable line local Interests. Item by Congress. (4) Local sponsors for -studies (3) The Corps Is provided gen- or projects may Include, but are not eral authorization and discretionary limited to, water management dis- funding by Congress for Continuing tricts, regional water supply au- Authority Projects. thorities, counties, municipalities, Specific Authority: 373.043, special districts (e.g., inland nav- 373.044, F.S. Law Implemented: Igation, water control improvement 373.026(9), 373.043, 373.044, F.S. or Inlet districts) and port author- History: New. Itles. (5) Certain public bodies which 17-26.031 Local Sponsors fbr do not meet requirements for spon- Corps of Engirwers Studies or soring projects (e.g., regional Projects. planning councils, Florida Game and (1) Each study or project must Fresh Water Fish Commission) may have a local sponsor responsible for sponsor studies. obtaining Congressional authoriza- (6) Each local sponsor shall tion for the study or project. provide the Department with a copy (2) A local sponsor of a proj- of notices of public hearings and ect must be a public body capable -of workshops, feasibility study re- meeting the following requirements: ports, general and detailed design (a) Providing the necessary memoranda, and environmental impact local cost-share; statements. (b) Furnishing necessary lands, Specific Authority: 373.043, rights-of-way and easements to 'Ithii- 373.044, F.S. Law Implemented: plement the study or project; and, 373.026(9), 373.043, 373.044, F.S. (c) Holding and saving the History: New. 17-26.02 17-26.031 4 S9 DER1982 STATE PUBLIC WORKS PROGRAM - BASIS OF STATE REVIEW 17-26 17-26.04 Water Resources Con- subsequent fiscal years. At least ference and Study/Project Review 7 days before the water resources Procedures. conference, a local sponsor seeking (1) A water resource conference continuation of a study or project shall normally be held in February shall submit to the Department In- of each year for the fiscal year formation concerning any amendments beginning October 1 of the following or modifications to the application year. This conference shall be con- originally approved. If there are ducted by the Department to give no amendments or modifications, the local sponsors the opportunity to notice shall state the local spon- formally present proposed studies or sor's desire for continued Inclusion projects, including new Continuing In the public works program and the Authority Projects, to appropriate level of funding required. state agencies and the public. (5) If the Department deter- (2) Notice and application mines that amendments or modifica- forms as approved by the Department tions to the approved application, shall be provided by mail at least new Information, changes In land 45 days prior to the conference to use, or changes in applicable laws each county commission, water man- and rules provide good cause to re- agement district, regional water evaluate the study or project, the supply authdrity, port authority, Department shall so notify the local all past applicants, affected state sponsor within 30 days of the water or federal agencies, and any person resources conference. from whom the Department has receiv- (6) The Department shall pub- ed a prior written request for such lish notice of the conference in the notification or application form. Florida Administrative Weekly at (3) Applications shall be sub- least 30 days prior to the confer- mitted to the Department not later ence. Local sponsors attending the than seven days prior to the water conference shall have the opportuni- resources conference. If the De- ty to present their study or project partment notifies the local sponsor and to respond to questions. Mem- of the need for further information bers of the general public shall to complete the application, such have the opportunity to ask ques- information shall be submitted by tions or express an opinion relative the local sponsor within 30 days of to each study or project presented. the date of notification. Failure (7) On or before April 15, the to provide such information within Department shall publish in the 30 -days may result in withdrawal of Florida Administrative Weekly a list further consideration of the propos- of those studies or projects fo r ed study or project. which state approval Is sought, and @ (4) Except as provided in shall request comments from inter- 17-26.04(5), Florida Administrative ested persons regarding the proposed Code, ongoing studies or projects activity. which have been previously approved (8) The Department shall submit by the Department, and for which a copy of each application to the funding has been appropriated by State A-95 Clearinghouse and shall Congress, shall not be subject to submit copies of each application reevaluation by the Department - In for beach erosion control studies or its formulation of the program In projects to the Department of 17-26.04 4 6 0 DER1982 STATE PUBLIC WORKS PROGRAM - BASIS OF STATE REVIEW 17-26 Natural Resources no later than May conditionally approved studies and 15 Comments from the State A-9S projects published In the Florida Cl;aringhouse and the Department of Administrative Weekly pursuant to Natural Resources shall be due to 117,726.05(l), Florida Administrative the Department within 60 days of Code, to the federal Office of Man- receipt of the applications. agement and Budget (OMB) by no I ate r Specific Authority: 373.043, than October 30, or the date of sub- 373.044, F.S. Law Implemented: mission to the Congress of the 373.026(9), 373.043, 373.044, F.S. President's annual budget proposal, History: New. whichever Is sooner. Specific Authority: 373.043, 17-26.05 Preliminary Public 373.044, F.S. Law Implemented: Works Programo 373.026(g), 373.043, 373.044, F.S. (1) By no later than September History: New. 1, the Department shall publish a notice In the Florida Administrative 17-26.06 'Public Works Program. Weekly summarizing the preliminary (1) By no later than February 1 public works program. T he not Ice of the year following the water re- shall Include the name, local spon@ sources conference, the Department sor, and location of each study or shall publish in the Florida Admin- project and the DepartmenVs intent istrative Weekly a list of those to approve, disapprove, or approve studies or projects to be included with conditions such study or proj- In the program, and of those studies ect. or projects which may be Included (2) By no later than September pending the outcome of hearings pur- l, the Department shall Issue a no- suant to Section 120.S7, Florida tice of Intent by certified mail to Statutes. Any person whose substan- the local sponsor, stating Depart- tial Interests are affected by a ment Intent to approve, disapprove, material modification of a proposed or approve with conditions a study study or project contained in the or project and the reasons therefor. preliminary public works program may The local sponsor shall provide request a hearing pursuant to reasonable assurance within 14 days Section 120.57, Florida Statutes, of receipt or publication of notice, concerning the effect of such that all conditions specified In the modification within 14 days after notice of Intent will be met. publication of notice. (3) The local sponsor or any (2) Should final agency action person whose substantial Interests be taken to approve a study or proj- are affected may request a hearing ect as a result of Chapter 120 pursuant to Section 120.57, Florida administrative or judicial proceed- Statutes, within 14 days of receipt Ings pursuant to 17-26.05(3) or or publication of notice. Failure 17-26.060), Florida Administrative to request a hearing within 14 days Code, the Department shall take all of receipt or publication of notice reasonable steps to include the shall constitute a waiver of the study or project In the program. If right to a hearing. the Department Is unable to Include (4) The Department shall submit the study or project in the program, a preliminary program, which shall the Department shall include the consist of those approved or study or project as approved in the 17-26.04 17-26.06 46 DER1982 STATE PUBLIC WORKS PROGRAM - BASIS OF STATE REVIEW 17-26 public works program developed for the requirements of Section 373.026 the following year and without fur- (9), Florida Statutes. In making ther evaluation. that decision, the Department may (3) Should final agency action consider: be taken to disapprove a study or (a) Comments received from project as a result of Chapter 120 water management districts, regional administrative or -judicial proceed- planning councils, or local govern- ings pursuant to 17-26.05(3), or ing bodies in whose jurisdiction the 17-26.060), Florida Administrative study or project lies; Code, or if the local sponsor has (b) Consistency with approved not provided reasonable assurance to water quality management plans the Department purusant to 17-26.05 certified by the Governor pursuant (2), or has violated the conditions to Section 208 of P.L. 92-500, as for approval, such study or project amended; shall not be included in the pro- (c) Consistency with an approv- gram, ed Coastal Management Program certi- (4) At the invitation of the fled by the Governor pursuant to U.S. Congress, the Department shall Section 306 of P.L. 92-583; .submit to Congress the program for (d) Comments received at hear- the fiscal year beginning, October I ings or workshops and other comments of the year following the water received from federal and state resources conference. agencies, Individuals, and private (5) A copy of the program shall organizations; be provided to the appropriate (e) Whether the proposed study subcommittees of the Congressional or project would conflict with state Appropriations Committees, Florida's water policy or with other applica- Congressional Delegation, the Office ble state and federal rules, 'regula- of the Governor, and all local spon- tions, and law; sors included in the program. (f) In the case of a project, (6) The Department shall make the feasibility study reports, draft every reasonable effort to secure and final environmental impact funding for each study or project in statements, and general and detailed the program. design memoranda; Specific Authority: 373.043, (g) Action taken by the Depart- 373.044, F.S. Law Implemented: ment to approve or disapprove the 373.026(9), 373.043, 373.044, F.S. study or project in prior years; History: New. and, (h) Whether the proposed study 17-26.07 Criteria for Review- or project is designed to withstand Ing Water Resource Development and or mitigate flood damage and will Management Studies and Projects. not exacerbate existing flood hazard (1) The Department shall not conditions or harm areas where natu- include in the program any study or ral vegetation or land characteris- project for which a current and tics provide flood damage projec- 'complete application, including tion, water quality protection, or supplemental information requested fish and wildlife habitat. by the Department pursuant to Specific Authority: 373.043, 17-26.04(3), has not been received. 373.044, F.S. Law Implemented: (2) The decision to include, or 373.026(9), 373.043, 373.044, F.S. include with conditions, a proposed History: New. study or project will be,based upon 17-26.06 17-26.07 4 6 2 CHAPTER 17-50 499 1984 ANNUAL SUPPLEMENT 17-50.01 CONSTRUCTION GRANTS PROGRAM PRIORITY SYSTEM FOR WASTEWATER TREATMENT WORKS 17-50.01 General (1) Florida's Water Quality Assurance Act, enacted in 1983, inludes amendments to Florida's water pollution control legislation. State funds will become available after October 1984 to qualifying governmental bodies for wastewater facilities construction grants. (2) The Federal Water Pollution Control Act, as amended, prohibits federal funding for reserve capacity, major sewer reghabilitation, combined sewer overflow correction, and collection sewer construction after September 30,1984. However, the program is generally and otherwise unchanged. (3) Requirments for funding from State or federal monies are intended to be consistent. However, some differences exist since the statutes are not identical. As a result, there are provisions of this chapter which are not subject to constraints imposed by the federal construction grants program regulations and policies. This chapter contains the requirements and procedures for municipalities to obtain financial assistance as described below: (a) U.S. Environmental Protection Agency 55 percent grants for treatment works construction (Step 3) under the Federal Water Pollution Control Act, as amended. (b) Department of Environmental Regulation 55 percent grants for treatment works construction (Step 3) under the Florida Water Pollution Grant Act, as amended. (c) Department of Environmental Regulation advance allowances for planning (Step 1) and design (Step 2) of treatment works under the Federal Water Pollution Control Act, as amended. (d) Department of Environmental Regulation 55 percent grants for design and construction (Step 2 + 3) under the Small Community Sewer Construction Assistance Act which do not require 45 percent local matching funds. (4) The objectives of the construction grants program include abatement of water pollution and the protection of public health. This is to be achieved, in part, through assistance in the financing of publicly owned wastewater treatment, collectin, transmission, and disposal facilities, as well as sewer system infiltration/inflow correction. Generally, any city or other public body (referred to as a municipality) which has as one of its principal responsibilities the treatment, collection, transmission, or disposal of domestic wastewater may qualify as a grant applicant. (5) Federal and State requirements, including facilities planning (Step 1) and design (Step 2), shall be fulfilled to qualify for a construction (Step 3) grant. Funding of design plus construction (Step 2 + 3) grants is available under the Florida Small Community Sewer Construction Assistance Act. The requirements for Step 1 activities shall be fulfilled to qualify for a Step 2 + 3 grant. (6) The program generally provides 55 percent funding of eligible project costs. Additional funding of as much as 20 percent of innovative and alternative technology costs may be awarded for federally funded projects. A grant recipient must provide matching funds as opposed to in-kind services. The local matching share for Step 3 grants, awarded under the Florida Water Pollution Control and Sewage Treatment Plant Grant Act, shall not include grant funds form other agencies. The local matching share for Step 2 + 3 grants awarded under the Small Community Sewer Construction Assistance Act may include grant funds from other agencies. Since all wastewater management facilities are not eligible for funding, a grant may be less than 55 percent of the total project costs. In addition, local or State wastewater treatment requirements may be more stringent than federal requirements, in which case federal funding assistance would be limited to the costs necessary to meet federal requirments. However, State funds may be available for advanced treatment facilities which are ineligible for federal funding. Given the anticipated inadequacy of program appropriations realative to municipal needs, the maximum amount of funds that may be scheduled or awarded in any one fiscal year for a municipality is limited. Funding approvals occure at different levels. Grant applications must be authorized at the local government level approved by the Department of Environmental Regulation as entitled to priority use of available funds, and finally approved for grant award by the U.S. Environmental Protection Agency when federal grants are involved. (7) Federal funding for the municipal construction grant program is authorized for fiscal year 1985 at a level which would provide approximately $82.5 million for Florida; the actual amount available for new projects may be less than the full allotment due to the existence of reserve funds. For funds to be made available, congressional action is needed each year; however, Congress is not required to appropriate funds. There is no set time during the fiscal year when appropriations are made available. The State funding for the municipal construction grants program is authorized without respect to fiscal year, but funds will be available on a nonrecurring basis subsequent to October 1984. (8) Grants are made available according to the priority system set forth in this rule. The priority system sets forth the method of ranking cost-effective projects and the procedures for the development and management of the priority list. A project must rank high on the priority list or the Small Community Sewer Construction Trust Fund Reserve list and within the fundable portions shall include only thos projects scheduled for award during the fiscal year 1985. It is the policy and the intent of the Department to promote projects designed to be consistent with public health and water quality requirements. It is also the policy of the Department to promote financially self-sufficient wastewater management systems, encourage environmentally sound reuse and recycling, encourage water conservation, and to promote the use of innovative and alternative technologies to further encourage energy and other resource conservation. (9) Projects are scheduled on the priority list, advance allowance list, and Small Community Sewer Construction Trust Fund Reserve list according to a score, derived from the reduction in pollution and the mitigation of public health problems which will be achieved, and readines to proceed. In addition to the priority score and project schedule, the availability of funds is considered in developing and managing funding lists. Only cost-effective projects in compliance with constructiion grants program requirments are eligible to be ranked for priority. (a) Although planning and design work need not be complete for a cost-effective project to be scheduled on the initial priority list, all such work ( including regulatory agencies review) shall be complete for a Step 3 project to qualify for priority certification. All planning work shall be complete for a cost-effective Step 2 + 3 project to qualify for priority certification although all such work need not be complete to be scheduled on the initial Small Community Sewer Construction Trust Fund Reserve list. (b) A projects potential priority certification date (readiness to recieve a grant), as determined by the applicant, subject to adjustment by the bureau, is of primary importance in identifying which projects qualify for awards from available or expected funds. Documentation of completion of prerequisite Step 1 and, where appropriate Step 2 activities shall be submitted to enable regulatory agency review in advance of the target date. (c) Portions of projects which are not cost-effective or portions of new projects to be scheduled for funding from any of the fiscal year 1985 lists which will not contribute to the highest priority project objective (for example, alleviation of a public health hazard) shall not be used to establish certification eligibility of the entire project. As an alternative to the potential applicant's redefining the project scope to match the highest priority objective (which may be impractical), the priority score may be assigned to the entire project the 17-50.015 1984 ANNUAL SUPPLEMENT 501 1984 ANNUAL SUPPLEMENT project costs associated with that objective regulations, adopted by reference, and grants may be certified by the Department for adopted under Chapter 17-I, and (g)), 33.211. 33.220 (except (a)(5) and c. Su funding. it i0ifflIftiled. V0OICIC appropriate. sut It (b)). 33.225 through 33.23S. 33.24S, through under I (10) The amended Federal Water that United States Or federal) shall mean 33.255. 33-265, 33.270. 33.28S. 33.290, d. S Pollution Control Act provides for planning State of Florida; EPA shall mean 33.295 (except (a). (d). and (g)), 33.305 4Miscell and design allowances at the time a Department; and Administrator shall mean through 33.415, 33.420 (except (c)), 33.425 shall b construction grant is awarded in lieu of Step Secretary: through 33.605, 33.715. 33-1005 through remaini I and Step 2 grants. The initial costs of (a) 40 C. F. R. Part 4 Implementation of 3). 101 S. 33.1030 (except Item 12), 33.1105 built w, completing the grant application may the Uniform Relocation Assistancr and Real through 33,1145, and Appendix A (except awrdc4 revent municipalities from ualifying for a fly Acuisition Policies Act of 1970 0W). Contra Step 3 grant; therefore, a percentage of the Po"8M 9. 1974); 2. Projects to be funded from State or propert (M h I federal allotment may be set aside to provide (b) 40 C. F. R. Part 6, lm ementation of federal monies are subject to the is so advance allowances to small communities occolures on the National nvironmental reuirements of Section 33.430(c). In U.S0a0lo which would otherwise be financially unable Volicy Act (November 6,1979); however, for situations where construction is rebid establis4l to complete planning and design state grant awards. preparation or an following the rejection of all original bids, the costs an reuirements. The priority system also sets environmental assessment and a finding of no eligibility of the resulting contract(s) shall be life ba forth the method of ranking reuests for significant impact by the de artment may be limited.to the amount of'the lowest viable, useful I advances to ualifyin municipalities* Step 2 determined euivalent to it, issue of such responsive. responsible bid (if any) which 6) I collided ancial Of Step I documents by the EPA. could have been awarded. Bids which are (0i0i) allowances shall b t withdrawn are not considered viable. (4i4i4i) allowances regardless of relative Priority . (c) 4oc. F. It. Part 7. Nondiscrimination scorts. in programs receiving federal assistance from (i) 40 C. F. R. Pan 3S. State and local (iv0) Projects for which construction is the Environmental Protection Agency assistance (February 17. 1984); however, (v) initiated prior so grant award are ineligible effectuation of Title VI of the Civil Rights 1. Step 3 pro cis involving State grants 3. A for funding Irian 11he state monies. I lowever. Act of 1964 (January 12, 1984); arc subject to al6t'reuircmenis except: (3) this resOiction shall " apply to project (d) 40 C. F. R. Part 8, Eual employment a. Section 35.2113 whenever the from a rtions or scliments for which construction opporlunity under EPA contracts and EPA departinept determines that its pre ra ion n s not been initiated. assisted of an environmental assessment 4rf ' slr2@gc2@ 8r. construction contracts (January 25. - Siding ap y. Sperifir Auitairisy 40.1.061, 403.001, 403.1823, 1974); or no significant impact is euivalent to she to resor 403.183Z 40.1.1838, 403-804 FS. Law (c) 40 C. F. R. Pan 25, Public issue of such documents by the EPA; those (a impleawnted4O3.021,403-061.403.086,403.101. . . .lion in programs under the b. Section 35.2123 as it pertains to the specirw parlicipa 4031g21- 1838 FS. ilistory-New 7.1-1-82, lKesource Conservation and Recovery Act. detersaination of reserve capacity Sind the 403-183 AmrikilIrd 4-26-83. lo-6-83, 2-2-04. re Drinking Walcr Act, and the Clean clipibility of treatment works capacity for ImPk0m the Sal 16, 1979); existing needs. 403.182 17-50.015 Adoption by Reference of Water Act (Februalry Amcn2& AprIltable Federal Regulations. (r) 40 C. F. R . Pan 30, General 2. All projects for which a grant was I) Administration ol the construction regulations for assistance programs awarded after December 29. 1981 and prior 107-05 ants program is shared by EPA and the (September 30, 1983): to February 17, 1984 and (" which a (01) 4Bepariment. Certain aspects of management 1. Step 3 projects involving State grants municipality reolucsts a three month time acuire the program are 1 to the bjec, to all reuirements except Section extension (beyond the nine month allowable 17-50.0 Of delegated Department pursuant to Section 205(g) of 2=3(a and period subseuent to grant acceptance) to (2) the Federal Water Pollution Control Act, as 2. Step 2 + 3 projects to be funded from award subagreements and issue a notice to shall may the Small Community Sewer Construction proceed for building the projea shall be formal amended. Other aspens of the program reviewed by the Environmental Regulation prior t be managed solely by EPA or the Assistance Trust Fund are subject only to Commission. Denial of a reuest may result (a) rictions of the EPA Sections 30.200, 30-309, 30.400(a) and Department All fu in ;rant annulment or termination. or construction grants program may be (b)(3). 30-405, 30.500 through 30.502. 8-) 40 C. F. R. Pan 35. State and local (b) delegated with the exception of the following: 30. 505(a) and (b)(2), 30-510. 30.520. 30-530 assistance (February 17, 1984); however, for Ste (2) Implementation of the State and through 30.S32, 30.535 (except Subsection projects to be funded from the Small specitic federal rogram shall be governed by several (c)), 30.540(a). 30.600(b). 30-601, 30.610 ,or Title 40 44 the (kit of Federal through 30.612, 30.700, 30.705. 30.710. Uommunit f Sewer Construction Assistance 403-18J is 3o goo 30.802. and 30.900 through 30.904. Trust Funi are subject only to the following: IM4*M 4rgulations (40 G F. R.). Step 3 and *' 1. Scnions35.2005.35.2025(a),35.2030. 403-182 advance allowance projects are subject to all (g) 40 C. F. R. Part 32, Debarment and 1 35.2050. 35.2104 (except (d)), 17-03 listed below on "der EPA assistance programs 35.2034. applicable reuirements 35.2106 through 35.2108,35.2110,35.2116, suspensiu rc ardless of whether State or federal funds (August076.1982); ment 35-2120, 35.2125, 35.2127, 35.2130, Systea *11 be involved. except as rovided in (h) 4 F. R. Pan 33, Procure reuire wl (i). 81 35.2140, 35.2200 through 35.2210, 35.2212 t under assistance agreements (March 28, grant paragraphs (b), (f). and C 2 + 3 through 35.2218, 35.2250. 3S.2300(a). (b) ap0prov projects to be funded from Cc Small 1983): mmunity Sewer Construction Assistance 1. However, projects to be funded from and (c); granta 0CO uirements the Small Community Sewer Construction 2. Appendix A except for; + 30Fr Trust Fund are subject to the re a. Subilent "I.d." under Costs Related to to initi acally provided in Assistance Trust Fund arc subject only to only 10 be extent specif, Sections 33.005, 33.205, 33.210 (except (1) Subagrccments; prior a paragraphs (r), (h), and 0). Federal b. Subilcm "l.b." under Mitigation; genera 17-50.017 1984 ANNUAL SUPPLEMENT 502 nexessary to reflect changing conditions, but it shall remain in effect in conformance with this chapter. (1) For federal grants, the revenue generation system shall consist of the user charge system required under Rule 17-50.015(2)(i). (2) For state grants, including state awards for project segments, the revenue generation system shall be implemented by ordinance or other legally binding enactment, before th einitiation of operation of the complete grant funded treatment works or payment or more than 80 percent of grant funds is requested by the grantee, whichever occurs first. The revenue generation system shall include the user charge system required under Rule 17-50.015(2)(i) or (j) and shall be designed to produce adequate revenue for the following: (a) Operations and maintenance (including replacement or equipment, accessories, or appurtenances during the design life of all treatment works necessary to maintain design capacity and performance) of the sewerage system, and (b) A sewerage system capital improvement account to accumulate the equivalent future value of the grant amount as adjusted for infaltionary cost increases. For the purpose of this requirement, accumulation of the equivalent future value of the grant amount shall mean total revenue Where: D = The amount of the total yearly deposit(s), G = The grant amount, DL = The design life (in years) of the grant funded project, and i = The projected annual inflation rate, which is set at 7.8 percent. 2. Revenue may also be deposited on other than an annual basis provided the total amount deposited is equal to, or greater than, the sum of the deposits required at that time. Prepayments to the account are allowable. 3. The municipality may terminate deposits to the account when the sum of all deposits exceeds (or is equal to) the amount determined by multiplying "DL" by "D", where "DL" and "D" are as described above. 4. The accrued funds shall be used only for sanitary sewerage system capital improvements and may be withdrawn and for this purpose. Since such collections and appreciation of such amount Sewerage system shall mean municipqal sanitary sewerage facilities, capital improvement shall not include the replacement or repair of equipment, accessories, or appurtenances necessary to maintain design capacity and performance during the design life of all treatment works. However, capital improvement may include such repair and replacement if they are part of a treatment plant or pumping station capacity expansion, or upgrade necessary to meet more stringent effluent limitations required by a regulatory agency, or are necessitated as the result of man-made or natural disasters. Deposits and withdrawals from the account shall be governed by the following provisions: 1. Revenue shall be deposited annually (or, at the municipality's election, on a more frequent basis) into the sewerage system capital improvement account not later than the end improvement account not later than the end of each one-year period beginning with the date of initiation of operations of the complete grant funded treatment works. The annual deposits (Plus investment income) are intended to accumulate the equivalent future value (based on the projected annual infaltion rate of 7.8 percent) of the grant amount during the design life of the grant funded project. The amount of the required yearly deposit(s) shall be determined according to the following formula: withdrawn funds represent previously collected revenues (and income earned thereon), the amount of withdrawn funds need not be replaced or returned to the capital improvement account. 5. Any part of the sewerage system capital improvement account may be included within a pooled cash system for investment purposes or within a capital improvement account under a bond program, provided it is pledged solely to sewerage system capital improvements and its identity is maintained through seperate accouting. The sewerage system capital improvement account shall not be pledged or used for any other purposes. This provision shall not authorize any deviation from the requirements of this chapter or bond covenants. 6. The grant recipient shall submit to the bureau, for each fiscal year, certification by a certified public account that the sewerage system capital improvement account is maintained in accordance with this chapter. (3) Revenue required under (2)(a), above, shall be generated via a user charge system established pursuant to Rule 17-50.015(2)(i) or (j). Revenue required under (2)(b) above, may be generated from any source. Specific Authority 403.061, 403.101, 403.1823, 403.1832, 403.1838, 403.804 FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821--.1838 FS. History--New 10-7-84. 17-50.018 Project Performance Certification. For any project constructed with state or EPA grant assistance, the grantee is required to provide certification that the project is meeting the project performance standards in accordance with Rule 17-50.015(i) or (j). The department may withhold payment of up to ten percent of a state Step 2 + 3 or state Step 3 grant until the certification is provided or until all necessary corrective actions have been carried out. Specific Authority 403.061, 403.101, 403.1823, 403.1823, 403.1838, 403.804, FS Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821--1838 FS. History--New 10-7-84. 17-50.02 Definitions. (1) "Act" means the Federal Water Pollution Control Act, as amended. (2) "Advance allowance list" means the ranked listing of the planning and design of projects for which requests for financial assistance from the reserve for small community advances are anticipated during a five year period starting at the beginning of the fiscal year for which the list is being developed. (3) "Advanced treatment" means wastewater treatment in addition to secondary treatment, as defined by E.P.A, for the specific purpose of funding under the Florida Water Pollution Control and Sewage Treatment Plant Grant Act, as amended. (4) "Allotment period" means the period allotted federal funds (the State's share of the national construction grants appropriation) are available for grant awards and is the fiscal year for which the funds are specifically authorized plus the subsequent fiscal year. The actual period during which funds are available may be less than two years whenever the appropriation is not available on October 1 of the year authorized. (5) "Alternative technology" means proven wastewater treatment process and techniques which provide for the reclaiming and reuse of water, productive recycling of wastewater constituents, conservation of resources, or recovery of energy. (6) "Bureau means the Department's Bureau of wastewater management and Grants. (7) "Bypass" means the assignment of a revised target date and lower priority ranking to a project which is not proceeding on the schedule reflected in a previous target date. (8) "Certified project" means a fundable portion project which has received the official Department project affirmation of entitlement to priority funding from available funds but has not yet been awarded or denied funding. (9) "Commission" means the Environmental Regulation Commission. (10) "Complete application" means a Step 3 application or a Step 2+3 application, or a Step 1 or Step 2 advance allowance application supported by proper documentation includes information required to enable determination of project costs associated with reserve capacity. (11) "Cost-Effective" means the lowest present worth or equivalent annual value to most federal, state, and local requirements reflecting that a project is both implementable and environmentally acceptable. (12) "Department" means the Departmen of Environmental Regulation. (13) "Epa" means the U.S. Environmental Protection Agency. (14) "Fiscal year" means the twelve month period beginning October 1 and extending through Septmeber 30 of the subsequent calendar year. (15) "FNSI" means a finding of no significant impact, describing the project to be funded, which is based on an environemtnal assessment prepared pursuant to the National Environemtnal Policy Act. (16) "Fundable portion" means the portion of the priority list consisting of the highest ranked projected (for which funds are expected to be available) scheduled for priority certification during the first fiscal year of the allotment period. It also means the portion of the advance allowance list cnsisting of the highest ranked projects (for which reserved funds are expected to be available) scheduled for financial assistance during the first fiscal year the allotment peruiod. It also means the of the trust fund reserve list consisting of the highest 17-50.02 1984 ANNUAL SUPPLEMENT 504 ranked projects scheduled for grant award. (17) "Grant" financial assistance awarded to a municipality by the EPA under Title II of the Act or by the Department under the florida Water Pollution Control and Sewage Treatment Plant Grant Act as amended, or the small Community Sewer Construction Assistance Act. (18) "Grant application" means a formal request for State of federal funding and is a standard form developed by EPA for Federal grants by the Department for State grants. It includes all supporting information required by the grantor agency. (19) "Grant increase" means an amendment to a grant resulting in the award of additional funds. (20) "Innovative technology" means wastewater treatment process and techniques which have not been fully proven under the comtemplated use and which represents a significant advancement over the state of the art in terms consevation or recovery, or significant reduction in life cycle cost of the treatment works when compared to an appropriate conventional technology. (21) "Municipality" means a city, town, county, district, association, or other public body (including an intermunicipal agency of two or more of the foregoing entities) created under State Law, or an Indian tribe (or an authorized Indian tribal organization) having jurisdiction over disposal of sewage, industrial wastes, or other wastes; or a designated and approved management agency under Section under Section 208 of the Act. (a) This definition includes a special district created under State law such as a water district, sewer district, sanitary district, utility district, drainage district or similar entity or an integrated waste management agency which has as one of its principal responsibilities the treawtment, transport, or disposal of liquid wasstes of the general public in a particular geographic area. (b) This definition excludes the following: 1. Any revenue producing entity which has as its principal responsibility an activity other than providing wastewater treatment services to the general public, such as an airport, turnpike, port facility or other municipal utility. 2. Any special district (such as a school district or park district) which has the responsibility to provide wastewater treatment services in support of its principal activity at specific facilites, unless the special district has the responsibility under State law to provide wastewater treatment services to the community surrounding the special district's facility and no other municipality, with concurrent jurisdiction to serve the community, serves or intends to serve the special district's facility or the surrounding community. 3. Any agency of division or state government (excluding cities and counties) for the purpose of State grant eligibility. (c) A municipality must be incorporated to qualify for funding under the Small Community Sewer Construction Assistance Act. (22) "Planning portion" means the portion of the priority list or advance allowance list consisting of projects that may receive funding subsequent to the first year of the allotment period. It also means the portion of the trust fund reserve list consisting of projects that initially do not have sufficient priority to be scheduled for grant award. (23) "Priority List" means the ranked listing of fundable portion and planning portion projects for which grant requests are anticipated during a five-year period starting at the beginning of the fiscal year for which the list is being developed. (24) "Project" means any Step 3 or any Step 2 + 3 or any segment thereof. The principal purpose of both the project and the operable treatment works must be for the treatment of domestic users' discharges of the jurisdiction, community, sewer sevice area, region, or the district concerned. All projects are not necessarily eligible for funding. (a) This definition includes, as treatment works, any cost-effective devices and systems for the storage, treatment, recycling, and reclamation of municipal sewage, or domestic sewage, or necessary to recyle or reuse water at the most economical cost over the useful life of the works. These include but are not limited to , sewage collection/transmission systems, appurtenances, and modifications thereof as well as any facilities, including land, that will be an integral part of the treatment process or are used for ultimate disposal of residues resulting from such treatment. (b) This definition includes, as treatment works segments, any portion of a cost-effective, operable treatment works described in a facilities plan, which can be identified as a contract or discrete subitem or subcontract. Complettion of construction of a treatment works segment may, but need not in and of itself, result in an operable treatment works. (c) This definition also supplies to the planning or design or treatment works, including segments thereof, described in (a) and (b) above. (26) "Removal" means the deletion of a project from any list by the Department after the award of funding, as well as for other reasons including a determination of ineligibility, a decision by the municipality not to implement using State of EPA funds, or the determination that an applicant will vbe unable to obtain necessary approvals for construction or discharge as required by this chapter. (27) "Reserve fund" means a portion of the monies available or to be made available which are set aside for a specific purpose. (28) "Reserve Capacity" means project capacity attributale to domestic or industrial waste to be generated in excess of that in existence 60 days after the target date for projects involving State grants. Reserve capacity is determined under Part 35 of the Code of Federal Regulations for projects involving federal grants. (29) "Small community" means, for the purpose of determining eligibility for a Step 1 or Step 2 advance allowance or for grants under the Florida Small community Sewer Construction Assistance Act, a municipality having a population of 35,000 or less as of the 1980 census. (30) "Step 1 documents" means documents which relate to the planning of a project, and include the locally adopted facilities plan (and all supplemental site specific or other specialized studies), a financial capability assessment, environmental information document, interlocal agreements, as well as an advanced waste treatment approval and a FNSI if required. Other project-specific documents may be required in accordance with Rule 17-50.015(2)(j). (31) "Step 2 documents" means documents which relate to the design of a project, and include biddable plans and specifications as supported by design data requested by the Department, sewer use ordinance, user charge system, site acquisition certifications, preliminary plan of operation, innovative/alternative technology justification, and operation performance certification proposal. Other project-specific documents may be required in accordance with Rule 17-50.015(2)(i) or (j). (32) "Step 3" means construction of a project. Satisfactory documentation of completion of Step 1 and Step 2 activities and submittal of a complete grant application are prerequisites for award of a Step 3 grant. (33) "Step 2 + 3" means combination design and construction of a project. Satisfactory comletion of Step 1 activities (including a financial capability assessment and an environmental information document), completion of agency reviews, and submittal of a complete grant application are prerequisities for award of a Step 2 + 3 grant. A FNSI is not required to be issued by EPA. (34) "Target date" means the following (a) For a project on the fundable portion of the priority list, it means the anticipated Step 3 project certification date which entails prior submission of completed prerequisite Step 1 and Step 2 documents and submission of a complete grant application. All agency reviews must be complete and review comments resolved prior to project certification. (b) For a project on the planing portion of the priority list or the trust fund reserve list, it means the potential Step 3 or Step 2 + 3 project certification date which is distinguished from (a) or (d), as appropriate, only in that submission of the grant application is not applicable. (c) For a project on the fundable portion of the advance allowancew list, it means the anticipated date of submission of a complete advance allowance application; and for Step 2 advance allowances, prior submission of completed prerequisite Step 1 documents, completion of agency reviews, and issuance of a FNSI is necessary. (d) For a project on the fundable portion of the small communities trust fund reserve list, it means the potential Step 2 + 3 project certification date which entails prior submission of completed Step 1 documents and a complete grant application. (35) "Trust fund" means the Small Community Sewer Construction Assistance Trust Fund established under Section 403.1838, F.S., as part of the State Water Pollution Control Trust Fund. (36) "Unreserved funds" means that portion of all funds available to the State, not set aside for specific purposes, which is 17-50.04 1984 ANNUAL SUPPLEMENT 506 available for certification of new projects and approval for funding of segments of large projects requiring multiple year funding. Specific Authority 403.061, 403.101, 403.1823, 403.1832, 403.1838, 403.804 FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821-1818 FS History-New 7-13-82, Amended 4-26-83, 2-2-84, 7-19-84, 10-7-84. 17-50.03 Public Participation (1) A public hearing, preceded by a 45-day public notice (at a minimum), shall be conducted prior to adopting the priority list and amendments ( including those involving a bypass of fundable portion projects) and transfers to or from reserve funds, except as provided in (2) and (3) below. (2) A public hearing is not mandatory prior to: (a) Project removal resulting from a grant award or receipt of an advance allowance. (b) Project data updates except those which alter project scores, costs, or target dates. (c) Elevation of planning portion projects to the fundable portion of the priority or trust fund reserve list, in order of priority previously established at a public hearing by the Commission, for utilization of funds which may become available subsequent to April 30 of the fiscal year for which such lists are in effect. (d) Addition of projects to the bottom of the planning portion of a list. (3) A public hearing, preceded by a 21-day public notice (at a minimum), shall be conducted prior to: (a) Priority list amendments involving the addition to the fundable portion of a project having a total cost less than $8 million (provided a bypass is not involved) or bypass of a planning portion project or project removal, except as provided in (2) above; (b) Adopting the advance allowance list and trust fund reserve list and amendments (including those involving the addition of projects or bypass or removal), except as provided in (2) above; (c) Acting on a time extension request under Rule 17-50.015(2)(i)2.; and (d) Acting on requests for inclusion on any list which are postmarked or delivered after March 15, 1984 and on or before April 11, 1984. (4) A public hearing preceded by a 30-day notice (at a minimum) shall be conducted by the municipality prior to adopting the Step 1 planning document(s) for a Step 2 + 3 project to be funded from the trust fund. The planning document shall be made available for public review prior to the hearing. The public shall be informed of the alternatives considered, reasons for selecting the recommended plan, the recommended plan, the associated environmental impact, project costs, and the estimated user charges. Documentation, including a summary of the public hearing, shall be submitted to the Department prior to approval of the Step 1 planning document(s). Specific Authority 403.061, 403.101, 403.1823, 403.1832, 403.1838, 403.183, 403.804 FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821-.1838 FS. History-New 7013-82, Amended 4026-83, 2-2-84, 7-19-84. 17-50.04 List Development. The priority list and advance allowance list ar developed annually by the bureau. The trust fund reserve list is developed only for fiscal year 1985. The lists become effective upon approval by the Commission (and EPA for Step 3 federa lgrants), but not sooner than October 1 of the fiscal year for which they have been developed. Projects listed on the fundable portion of any list which meet prerequisites (including the submission of a complete funding application) qualify for priority certification, which authorizes the award of a grant or advance allowance. Municipalities must submit project descriptions, schedules, and other data to the bureau in order to receive consideration for project inclusion on the piority list, advance allowance list, or the trust fund reserve list. The potential project grant, or advance allowance, which may be on a list is based on submitted information which initially may not accurately reflect certifiable eligibilities. Potential project cost shall not exceed the listed amount for the purpose of establishing the amount of grant certifications, grant increase approvals, or advance allowance approvals. For fiscal year 1985, such certifications or approvals for funding may exceed the intial listed amount as a result of a possible eligibility adjustment based upon the final reserve capacity cost determinaiton. Federal funding of innovative or alternative bechnology may not be limited to the listed amount. A grant increase may be requested for certain cost overruns in accordance with Rule 17-50.10(1)(b). Potential grant or advance allowance amounts may be adjusted downward whenever more accurate project cost information becomes available. The priority rank of a project which is initially on the fundable portion of a list based upon inaccurate information may be adjusted downward to reflect a lower priority based on the receipt of more accurate information; it is possible that such projects could be removed from a list. The appropriateness of any change in priority score proposed by the bureau, subsequent to adoption of the fiscal year's priority list, shall be confirmed by the Commission at a public hearing prior to formal adjustment. Certification or approval for funding shall be restricted to the project, or segment thereof, indentified in the municipalities' request for inclusion on the priority list; however, such restrictions do not apply to adjustments to individual segments of large projects which continue to qualify for multiple year funding provided such adjustments do not affect the priority score to which the total project is entitled and the adjustments do not represent an increase in concept of the project established in the original request for inclusion on the list. (1) The bureau shall accept requests postmarked or delivered after January 1 ad on or before March 15, 1984 from municipalities for inclusion of projects on the fiscal year 1985 priority list, advance allowance list, or trust fund reserve list. At its discretion, the Commission may give equivalent, consideration to requests postmarked or delivered after March 15, 1984 and on or before April 11, 1984. A request for inclusion on any list shall be submitted for each project, or segment thereof, for which the municipality will request funding regardless of whether a project has been included on the current or a previous year's list. A specific project shall not be included on more than one list regardless of the source of funds. It is possible for a small community to have closely related projects on the priority list and the trust fund reserve ist; however, an operable treatment works must result from any grant award. Incomplete request forms may result in a lower priority score or failure to be included on a list. (2) Municipalities qualified to receive (exclusive of innovative and alternative technology funds), from a single fiscal year allotment, more than $16.5 million, or 25 percent of the unreserved portion of the total State and federal funds (whichever is less), shall be required to segment projects for the purposes of multiple year funding. A municipality may be limited to total grant certification (or grant increase approval) of this basic amount, as a maximum, in any one fiscal year for all proejects. However, additional funding for the use of innovative or alternative technology from the reserve established by Rule 17-50.10(1)(e) may be certified or approved without restriction. A segment may be funded in fiscal year 1985 using State or federal funds. Segments to be funded after September 30, 1985 may qualify for funding via grant increases; however, the source of funds hsall be the unreserved portion of the federal allotment. (3) Incorporated municipalities which are also small communities are limited to a total of $3.) million in funding from the trust fund reserve for all projects on the trust fund reserve list. However, this limitation shall not restrict the award of grants for other projects on the priority list in addition to the funding from the trust fund reserve. (4) The bureau shall assign to each project a target date. The date provided by the municipality regarding anticipated submission of appropriate documentation is considered by the bureau as the earliest possible target date. Based upon the bureau's assessment of readiness to proceed and the status of regulatory agency review acitivites, later target date(s) may be assigned to any project(s). A target date on the priority list shall be assigned to each segment of a large project requiring multiple year funding. The submission by the municipality of a realistic schedule, giving, consideration to planning and design requirements (as well as agency reviews and EPA issuance of a FNSI for Step 3 project on the priority list or Step 2 projects on the advance allowance list) for each of its projects, will assist the bureau in assigning target dates and thereby minimize project bypass and removal during the fiscal year. (5) Projects shall be scheduled by priority score (determined in accordance with Rules 17-50.06 and 17-50.07) for the fundable portion and for the planning portion in descending order at the time of development of the fiscal year 1985 lists such that all projects with target dates on or before April 30, 1985 and qualifying for listing on the fundable portion, but for which funds are not available, shall be included on the planning portion of the appropriate list and scheduled above all other planning portion projects. (6) Requests for Step 1 advance allowances shall be scheduled behind those for Step 2 advance allowances regardless of relative priority scores. Step 1 requests may only be included on the fundable portion of the advance allowance list when the sum of the Step 2 requests, which have been assigned 17-50.04 1984 ANNUAL SUPPLEMENT 509 1984 ANNUAL SUPPLEMENT target dates on or before April 30, 1985, is the top of the succeeding fiscal year's priority 17-50.05 Advance Allowance List treatment facilities, whichever is more less than the amount available for small list (ranked in order of priority score) when Development. current. Any month during which the community advances. Priorities for Step I the current fiscal year's priority list expires. Speciic Authority 403.061, 403.101, 403.1832 discharges wasteland was atypical (for advances shall be determined in accordance Segments of large projects on the fundable 403.804 FS Law Implemented 403.021 403.061. example, that resulting from industrial shock with Rules 17-50.06 and 17-50.07 at the time portion of the current priority list. requiring 403.086. 403.101, 4031832 FS History - New loads) of the normal operations of the of development of the advance allowance list. multiple year funding, shall be carried over 7-13-82. Amended 4-26-83, 10-06-83, Repealed treatment facilities shall not be used for However, in computing the pollution onto the succeeding year's list as if they had 2-2-84. computation. The allowable wasteland is abatement score, the allowable wasteland to been Certified provided one segment of such 17-50.06 Priority Determination computed using the flow and the most be assigned to the proposed project based on projects is certified. However, in the event of Priority is determined by the pollution stringent (usually average daily limits design conditions shall be set equal to the legislatively required priority system abatement scorc, which may reflect a public established on an annual basis) pollutant wasteland currently allowed for the exisiting changes, carried over projects may be health hazard. and it may be adjusted by one concentrations established by current permits treatment plant; if no treatment plane exists. reranked using the required priority criteria or more factors. Adjustment factors are or wasteload allocation for the existing secondary treatment technology-based and may have insufficient priority scores to assigned according 10 criteria set forth in treatment/disposal facilities. Allowable effluent limits shall be presumed to generate retain certification (or listing in the case of Rule 17-50.07 The pollution abatement wasterloads used in the computation shall not the allowable wasteload unless more segmented projects). score is an index of existing pollution which reflect limitiations imposed for any appropriate limits are established by the (10) For the fiscal year 1985 priority list, will be eliminated by the proposed project. alternative to the existing treatment/disposal Department. The priority score also may advance allowance list, and trust fund reserve The basic score is dependent upon the situation. (For example, existing secondary result from an existing or imminent public list, new projects(such projects do not include discharged wasteload in the existing treatment/deep well injection facilities health hazard. segments of large projects requiring multiple treatment plant(s) effluent and the allowable previously constructed as a result of a no 7. The fundable portions of the priority year funding carried over from the fundable wastload established by permit or wasteload discharge to surface water limitation have an list and the trust fund reserve list are portion of It previous year's priority list) allocation for the existing treatment plant(s) allowable wasteland reflecting secondary determined by the amount of the funds which provide capacity to Accomplish more Allowable (permittable) wasteloads, based treatment and not zero discharge.) available or to be made available. The than a single priority objective generally may upon effluent limitations, generally will have The pollutant overload is the difference amount of funds set aside for specific be assigned the highest priority score justified been established by the Department for between the discharged wasteload and the activities may also affect the extent of the by any aspect of the project. Municipalities projects qualifying for the fundable portion; allowable wasteload, both established for fundable portion of the priority list. These shall identify that pan of the total project cost these wasteloads may not have been existing conditions. The existing pollutant reserves may be used for the activities associated with the high priority function. established yet for projects qualifying for the overload is divided by the allowable described in Rule 17-50.10. The certifiable part (or equivalent (hereof) Planning portion. When allowable wasteload for design year conditions (8) A project may be list on the shall be established using the total Project waterloads have not been established. pursuant to (1) below, to facilitate fundable portion portion of the advance allowance cost multiplied by the fraction of the flow to secondary treatment technology-based comparison of project involving flows of list if the priority score is high enough that serve the need associated with the high effluent limits shall be assumed as various magnitudes and receiving waters' the corresponding Step 3 project may be priority function divided by the total project permittable until more appropriate limits are assimililative capacities. However, with an expected to receive a grant within two years. design flow. At the municipalities' option, established by the Department. The allowable design year wasteload of zero, an This is established by: and where practical, projects generally may discharged wasterload is computed using the extremely high score would result. To (a) Hypothetically doubling the be subdivided into two or more projects each 30 day average wastewater flow any the accommodate facilities with zero discharge unreserved federal funds expected for the receiviing the appropriate priority wore for pollutant concentrations which indicate the requirement, a modified formula is fiscal year for which the advance allowance accomplishing a single priority objective. greatest mass pollution load discharged (and establish in (2) below. list is being developed. However, a project that would be assigned a for which data are available) since April. (1) The computation of pollution (b) Determining the score of the lowest zero pollution abatement score under Rule 1981, or since the most recent upgrading abatements scores (using units of pounds per ranked project on the fundable portain of the 17-50.06(11) shall not be subdivided in order (excluding construction of an interim facility day) for projects with design year allowable intitial priority list (for the fiscal year for to receive a higher score for any resulting pursuant to (8) below) of the existing wasterload greater than zero, expect for which the advance allowance list as being project. project described in (3) and (5) below, is as developed) which would receive funds if the 11) Reserve capacity costs arc ineligible follows. hypothetical amount were available; for funding. The ineligible reserve capacity (c) Identifying the project with a priority costs associated with projects to be federally PAS- Existing Pollutant Over x100 score not less than the score established funded shall be determined in accordance Allowable Wasteload for Design Year Conditions pursuant to (b) above, on the advance with Rule 17-50.015(2)(i). The ineligible or, allowance list as being she last fundable reserve capacity Cost$ associated wish projects Existing Treatment Plant (DBOD - ABOD) + (DN -AN)+ (DP-AP) X100 portion project; and to be funded by the State shall be determined PAS- (ABOD + AN + AP) for Design Year Conditions (d) If necessary. adjusting the last using the total project cost multiplied by the fundable portion project score established fraction of the reserve capacity flow divided pursuant to (c) above, such that the total by the total project design flow Where: lbs/day for the existing faciliites amount required for advance allowances on Specific Authority 403.061,403.101. 403.1823. PAS - pollution abatement score. DP- discharged wasteload for total the fundable portion is less than the amount 403.1832, 403.1838, 403-Wel FS Law DBOD - discharged wasteload for phosphorus, expressed as elemental reserved in accordance with Rule Implemented 4O3.O2l,403.061,403.086,403.101. five day biochemical oxygen demand phosphorus in lbs/day for exsiting 17-50.10(l)(a). Amended 4-26-83, 10-6-83. 2-2-84. 7-19-84, (BOD), expressed in pounds per day facilities (9) Certified project manintaing (lbs/day) for the existing facilities The allowable wasteload is computed for the eligibility and priority score, as established DN - discharged wasteload for total facilities at both the existing (numerator) and for the current fiscal year, shall be listed at nitrogen, expressed as elemental nitrogen in design conditions (denominator). Design 1984 ANNUAL SUPPLEMENT 511 1984 ANNUAL SUPPLEMENT 17-50.06 17-50.60 year conditions shall reflect the allowabl effluent. Where: The total plant flow used shall be that which wasteload at the existing facilities regardless A parameter shall be included in th BOD= the number of mg/1 that the results in the greatest masa pollution load of whether they are replaced as a result of the computation of a discharge effluent advanced treatment must reduce the discharged (and for which data are available) proposed project. if it is addressed in the discharge effluent treatment plant effluent BOD below 30mg/1 since April, 1981, or since the most recent ABOS=allowable wasteload for BOD, limitations. If the discharged wasteload on a monthly basis. upgrading (excluding construction of an expressed in lbs/day. minus the allowable wasteload of a N= the number of mg/1 that the interim facility pursuant to (8) below)of the AN= allowable wasteload for total parameter is less than zero, that difference advanced treatment must reduce the treatment facilitied, whichever is more nitrogen, expressed as elemental nitrogen in (negative value) shall be set at zero in the treatment plans effluent total nitrogen current. Any month during which the lbs/days. If no limits are set for total nitrogen, numerator of the PAS computation. (expressed as elemental nitrogen) below 28 discharged wasteload was atypical of the the allowable wasteload shall be computed (2) The computation ( using units of mg/1 on a monthly basis. normal operations of the treatment facilities using 28 milligrams per liter (mg/1) in the pounds per day) of pollution abatement P = the number of m/1 that the shall not be used for computation. Where this effluent. scores for projects required as a result of a advanced treatment must reduce the flow varies for individual sludge facilities AP= allowable wasteload for total design year zero allowable wasteload for any treatment plant effluent total phosphorus projects components, a weighted-average flow phosphorus, expressed as clemental of the pollutant parameters listed below, (expressed as elemental phosphorus) below 7 based on the estimated cost of the components phosphorus in lbs/day. If no limits are set for except for sludge related projects described in mg/1 on a monthly basis. shall be used. total phosphorus, the allowable wasteload (3) below, is as follows. Flow= that part of the total plant flow for For secondary treatment sludge facilities, shall be computed using 7 mg/1 in the which the sludge facilities are inadequate. this reduces to: 0.1 X (DBOD + DN + DP) PAS = Base PAS X [1.0+ ____________________ ] 25lbs/MG X Flow Highest (DBOD + DN + DP) PAS = Base PAS X [1.0+___________________________] Where: .included in the computation when there is a Highest (DBOD + DN + DP) PAS = pollution abatement score. monitoring requirement for such (4) The pollution abatement score of a weighted-average. (For example, a project Base PAS = the highest PAS computed parameters. project, or portion of a project, essential to involving one treatment plans with 100 for a project pursuant to (1) above, for which Highest ( DBOD + DN + DP) = the wastewater treatment and effluent disposal lbs/day of pollutant overload and a second a request for inclusion on the priority list was highest total discharge wasteload computed (such as flow equalization, influent with 200 lbs/day of pollutant overload would received by the deadline pursuant to Rule under this paragraph. intercepting sewer(s), or infiltration/inflow have a pollution abatement score computed 17-50.04(1). (3) The computation (using units of correction) shall be that of the corresponding as one-third that of the first plus two-thirds DBOD, DN, and DP = the discharged lbs/day) of pollution abatement scores for treatment plant/effluent disposal facilities. that of the second.) wasteload in lbs/day for the parameters in sludge related facilities, not included with (5) The pollution abatement score for a (7) The pollution abatement score of (1) above. Pollutant parameters shall be basic treatment plant upgrades or project, or portion of a project, which is intecepting sewer projects generally will be expansions, is as follows. required to meet different design year based upon the score of the corresponding 0.1 X (SECBOD + AWTBOD + AWTN + AWTP) wasteload allocations (for example, on a treatment plant(s) which wil be abandoned. PAS= Base PAS X [ ____________________________________ seasonal basis), shall be computed using a Intercepting sewer scores may also be Highest ( DBOD + DN + DP) time based weighted-average. (This established pursuant to a determination by Where: effluent limitations and is set at 2 lbs per MG provision does not apply to projects involving the bureau that the project is required to PAS, Base PAS, and Highest (DBOD) + of wastewater for each mg/1 of total nitrogen sludge related facilities addressed in (3) alleviate an existing or imminent public DN + DP) are as detailed in (2) above. at which the effluent limitation is set below above.) The value shall be computed using health hazard pursuant to (9) or (10) below. SECBOD = the five-day BOD set at the 28 mg/1 on a monthly basis. No AWTN will the expected length of time the system Other intecepting sewer projects which wasteload resulting from an effluent be computed for components (e.g., Kjeldahl) operates in each mode, effluent pollutant would neither result in reduced pollution or million gallons (MG) of wastewater. of total nitrogen. concentrations, and the associated treatment eliminate a public health hazard situation AWTBOD = the BOD removed over AWTP = the total phosphorus plant's flow. (For example, a land shall receive a pollution abatement score of and above that resulting from secondary (expressed as elemental phosphorus) application project allowed four months zero. treatment and which is attributable to secondary treatment and which is annually, of seasonal underdrainage (8) The pollution abatement score for a advanced treatment where required by attributable to advance treatment where discharging to surface waters would have a project required to replace or upgrade an effluent limitations and is set at 8 lbs per MG required by effluent limitations and is set at 8 score computed as the sum of one-third the interim facility constructed after December of wastewater for each mg/1 of BOD at lbs per MG of wastewater for each mg/1 of score that would be derived for a project 29,1981 to alleviate a pollution or public which the effluent limitation is set below 30 total phosphorus at which the effluent discharging solely to that surface water plus health problem shall be based on conditions mg/1 on a monthly basis. limitation is set below 7 mg/1 on a monthly two-thirds the score that would be derived for preceding construction of the interim facility. AWTN = the total nitrogen (expressed basis. a land application project with no (9) The pollution abatement scor of a as elemental nitrogen) removed over and The formula for pollution abatement scores underdrains.) project required to alleviate an existing or above that resulting from secondary for sludge facilities projects ( as distinct from (6) A single pollution abatement score for imminent public health hazard of treatment and which is attributable to general treatment plant upgrades and two or more treatment plants may be exceptional magnitude or severity shall be advanced treatment where required by expansions) also may be expressed: established only where all such treatment established as equal to that of the highest plant are being replaced by a single pollution abatement score computed 0.1X(250+8XBOD+2X N+8X P)X Flow treatment plant or where all such treatment pursuant to (2) or (3) above. As a PA Base PAS X [ 1.0+______________________________ plant discharges are being combined for prerequisite, the municipality shall Highest (DBOD + DN + DP) common effluent disposal. The score shall be demonstrate that it has implemented a computed using a pollutant overload based capital financing plan adequate to ensure the 17-50.67 1984 ANNUAL SUPPLEMENT 517 financing of all of its other projects on any list municipality affirmatively demonstrates that without further grant awards. The the barrier island can accomodate the municipality shall provide documentation, growth contemplated in the project planning including an unequivocal getermination by a without unreasonable adverse impacts to the public agency responsible for protection of island's ecology and such expansion will public health, that such a hazard exists or is create only minimal potential danger to imminent and that the project will alleviate human life and property from natural the hazard. The documentation also shall disasters. address the nature, extent, and frequency of Specific Authority 403.061, 403.101, 403.1823, occurrence of the hazard. An example of such 403.1832, 403.1838, 403.804 FS. Law a project is the construction of collection Implemented 403.021, 403.061, 403.086, 403.101, system sewers required to eliminate failed 403.1821-.1838, FS. History-New 7-13-82, septic tanks which have contaminated drinking water supplies resulting in disease 17-50.07 Priority Score Factors. The outbreaks. Another example is the total priority score of a project will be the sum reconstruction of a sewage treatment plant of the pollution abatement (or public health which discharges inadequately treated (and related) score and all individual adjustments. inadequately disinfected) wastewater to For any project individual adjustments shall shellfishing areas and is clearly responsible be computed by multiplying the appropriate for the closing of the area to shellfishing. adjustment factor times the pollution Public health nuisances, such as sewer abatement score for that project or the highest surcharge and overflow, generally would not pollution abatement score (whichever is warranty this exceptional priority rating. greater) computed pursuant to Rule (10) The pollution abatement score of a 17-50.06(1). project required to alleviate a public health (1) The priority score of a project hazard situation, which is not of a magnitude required as a condition of a permit, or severity to warrant the exceptional administrative action, or judicial action may priority rating provided in (9) above, shall be be adjusted upward be a factor of 0.05 when established as equal to that of the highest there is total compliance with all scheduled pollution abatement score computed requirement. pursuant to (1) above. As a prerequisite, the (2) The priority score of a project municipality shall demonstrate that it has utilizing innovative technology may be implemented a capital financing plan adjusted upward by a factor of 0.10. adequate to ensure the financing of all its (3) The priority score of a project for a other projects on any list without further municipality that has achieved, or will grant awards. The municipality shall achieve, substantial water or other resource provide documentation, including a conservation ( for example, by achieving less determination by a public agency responsible than 80 gallons per day per capita of water for protection of public health, that such a consumption) may be adjusted upward by a hazard exists or is imminent and that the factor of 0.10. The municipality must project will alleviate the hazard. The provide documentation, including documentation shall include an assessment of certification by a responsible governmental the potential for the situation to result in an official, that the resource conservation actual health hazard. The documentation program has been initiated and that the shall also address the nature, extent, and program has been announced at a public frequency of occurrence of the hazardous hearing. The documentation shall also situation. An example of such a project is the address the nature, exent, and benefits of the rehabilitation of a sewer sysem subject to resource conservation, implementation excessive infiltration/inflow which results in milestone dates, and the extent of public frequent raw sewage overflows in residential participation. areas. Another example is reconstruction of a (4) The priority score of a project may be sewage treatment plans which discharges adjusted upward based upon the financial inadequately treated ( and inadequately planning criteria established below. To disinfected) wastewater to surface water qualify for any adjustment under this resulting in frequent closing of areas for provision, the municipality must provide public recreational use. certification by the responsible official(e.g., (11) The pollution abatement score of a finance or budget director) that sewer user project which will expand service capacity to rates, connection fees, and other wastewater a barrier island shall be zero, unless the service related charges are sufficient to cover 515 1984 ANNUAL SUPPLEMENT 17-50.08 the sewerage system operation and factor shall be determined for each applicant maintenance costs, including capital debt according to the following present worth retirement, and that a capital financial plan formula which utilizes a 10% interest rate (i has been implemented to cover project -0.1) to convert annual payments over 20 replacement costs. A financial planning years (n-20) to an equivalent lump sum index (FPI) and corresponding adjustment payment today: FPI-U+C+1+0 or, FPI- Total Lump Sum Payments + Total Annual Payments X [ (1+i)m-1 iX(1+i)m] or, FPI-Total Lump Sum Payments + Total Annual Payments X [ (1+i)m-1 iX (1+i)m] Where: appropriate. U- The present worth of the current Specific Authority 403.061, 403.101, 403.1823, average annual (12 times the monthly 403.1832, 403.1838, 403.804 FS. Law arithmetic mean charg) single-family Implemented 403.021, 403.061, 403.086, 403.101, sanitary sewer user charge ( excluding 403.1821-.1838 FS History-New 7-13-82, portable water supply charges). Amended 4-26-83,2-2-84. C= Current lump sum single-family 17-50.08 List Management connection fee assessed on new connections to (1) The priority list, advance allowance the sanitary sewer system. list, or trust fund reserve list may be amended I= Current lump sum single-family throughout the fiscal year as deemed sewer impact fee, if any, assessed on new necessary. sanitary sewer connections in addition to the (2) Any qualifying project for which a new connection fee. request for inclusion on the fundable portion O= Current lump sum or present worth is received by the bureau after the deadline of the annual single-family amount of special established in Rule 17-50.04(1) may be assessments collected for and dedicated added, by amendment, to the bottom of the entirely to the wastewater management fundable portion provided funds are program or a combination of lump sum and available. When funds are unavailable, a present value amounts. project may be addedx to the bottom of the FPI Factor planning portion. up to 1500 0.0 (3) A project may achieve a listing on the 1501 to 3000 0.05 fundable portion of the priority list or the 3001 to 4500 0.10 trust fund reserve list as a result of the bypass over 4500 0.15 of higher ranked projects. The amount of 0.10 may be added to the (4) For projects on the priority list, above factor if a municipality provides sufficient documentation of completion of all documentation that a bond issue has been prerequisite Step 1 (including the validated for, or funds have been dedicated to, preparation of a FNSI if required) and Step the local share of the project cost prior to 2 activities ( as well as a complete grant submittal of the request for inclusion form. application for fundable portion projects) (5) Projects with identical priority scores shall be received by the bureau at least 45 computed pursuant to Rules 17-50.06 and days prior to the target date. Sufficient 17-50.07 shall be subranked in chroniological documentation shall mean that the required order of target date such that projects with submittals are sufficient in earlier target dates are ranked more comprehensiveness of data or in the quality of favorably. Projects with identical priority information provided for the bureau to scores and target dates shall be further complete its review. In lieu of submission of subranked in chronological order of date of documentation of completion of all receipt of the requests for inclusion pursuant prerequisite Step 2 activities, a municipality to Rule 17-50.04(1) such that projects with may submit a schedule for completion of earlier dates are scehduled more favorably. these activities at least 45 days prior to the In the event project scores remain identical target date. The schedule must be acceptable after the preceding adjustments, the to the bureau; compliance with the schedule Commission may adjust ranking as would be a requirement. When these requirements are not met, bypass, removal, or time extension action may be scheduled for the first Commission meeting to be held after the target date. A time extension may be recommended to the Commission whenever sufficient documentation has been received by the department as of the above-referenced Commission meeting. Bypass or removal may be recommended to the Commission whenever sufficient documentation has not been received by the bureau as of the above-referenced Commission meeting, or when all required documentation has not been formally approved by all regulatory agencies prior to the first Commission meeting scheduled after June first of the fiscal year during which the documentation is required. (5) For projects on the trust fund reserve list, sufficient documentation of completion of all prerequisite Step 1 activities (as well as a complete grant application for fundable portion projects) shall be received by the bureau at least 45 days prior to the target date. Sufficient documentation shall be defined as (4) above. Step 2 projects on the fundable portion of the advance allowance list are subject to the same requirements (as well as the issuance of a FNSI). When this requirement is not met, bypass, removal, or time extension action may be scheduled for the first Commission meeting to be held after the target date. A time extension may be recommended to the Commission whenever sufficient documentation has been received by the department as of the above-referenced Commission meeting. Bypass or removal may be recommended to the Commission whenever sufficient documentation has not been received by the bureau as of the above-referenced Commission meeting, or when all required documentation has not been formally approved by all regulatory agencies prior to the first Commission meeting scheduled after June first of the fiscal year during which the documentation is required. (6) A fundable portion project which cannot be certified due to an incomplete application within 60 days after the target date shall be subject to bypass or removal. Bypass or removal may be scheduled for the first Commission meeting to be held not sooner than 60 days after the target date; bypass or removal shall be recommended to the Commission if an application cannot be approved by the Department as of the public hearing date. (7) A complete grant application for a project which is elevated to the fundable portion of any list shall be received by the bureau according to the date required by (4) or (5) above, as appropriate, or within 60 days after the original target date or the date upon which the project is elevated to the fundable portion, whichever is later. Failure to submit the complete application as specified shall subject the project to bypass or removal at the next Commission meeting. Bypass or removal shall be recommended to the Commission if an application cannot be approved by the Department as of the publc hearing date. (8) If EPA notifies the department in writing that a Step 3 grant application is unacceptable, the project may be subject to bypass, removal, or a time extension. Action on the project may be scheduled for the first Commission meeting to be held after receipt by the department of the EPA notification, whenever the bureau determines that the EPA concerns cannot be resolved within 60 days of receipt of the EPA notification. Bypass or removal may be recommended to the Commission whenever the granteer has failed to resolve the EPA concerns as of the above-referenced Commission meeting. A deadline for rectifying all deficiencies may be recommended to the Commission whenever the bureau determines the concerns can be resolved in a timely manner so as to make the grant application acceptable to EPA. (9) Project removal at a public hearing may be initiated at times other than those described in (4) through (8) above, for situations in which a municipality will not implement a project using federal or State funds in the current fiscal year or where a project is determined to be ineligible for inclusion on a list or where such action may be otherwise justifiable to the Commision. Specific Authority 403.061, 403.804 FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821--1838 FS. History--New 7-13-82, Amended 4-26-83, 2-2-84, 10-7-84. 17-50.085 Grant Application (1) Projects (for example, collection system sewers) which are ineligible for federal funding shall be identified on the priority list. State grant funds shall be committed to such projects which are listed on the fundable portion, unless they are bypassed or removed. (2) Applicants shall designate whether funding (for projects with dual State and EPA eligibilty) is requested from federal or 1984 ANNUAL SUPPLEMENT State monies. Grant applications for projects on the fundable portion of the priority list shall be approved according to the date upon which all prerequisites are met. In the event all State or federal funds are committed or awarded to other projects on the fundable portion of the list, funding may be from the remaining monies. Grant awards are subject to all limitations associated with the remaining monies. (3) Potential grant applicants shall attend a preapplication conference, if requested by the Department, to ensure awareness of program requirements (e.g., revenue generation system) accociated with applying for and accepting a grant offer. Specific Authority 403.061, 403.101, 403.1823, 403.1832, 403.1838, 403.804, FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821-1838 FS. History-New 2-2-84, Amended 7-19-84. 17-50.09 Advance Allowance List Management Specific Authority 403.061, 403.101, 403.1832, 403.804 FS. Law Implemented 403.021, 403.061, 403.086. 403.101, 403.1832 FS. History-New 7-13-82, Amended 4-26-83, Repealed 2-2-84. 17-50.092 Allowance for Administrative Costs Step 2 + 3 grants from the trust fund reserve may include if requested by a grant applicant, an allowance for administrative costs. The allowance shall not exceed one-half of one percent of the eligible building cost. The building cost shall be the allowable cost of the initial award amount of all construction contracts for building the project, the purchase price of eligible real property, demolition of existing structures, and the purchase price of equipment to be provided as part of the project. The allowance may be adjusted to reflect any difference between estimate dand actual building costs are lower than those originally estimate. Payment of the allowance may be requested after the grantee has completed all procurement actions municipality's total trust fund reserve list grant(s), including allowance, shall not exceed the $3.0 million limit set forth in Rule 17-50.04(3). Specific Authority 403.061, 403.101, 403.1823, 403.1832, 403.1838, 403.804, FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821--1838 FS. History-New 7-19-84. 17-50.095 Project Contingencies. Project contingencies for Step 3 projects shall be limited to not more than ten percent of the estimated construction cost prior to bidding. Project contingencies for Step 2 + 3 projects shall be limited to not more than fifteen percent of the estimated construction cost prior to bidding. After bidding, all contingencies shall be reduced to not more than five percent of the construction contract(s) amount. Grant decreases shall be made to adjust project funding where appropriate. Upon final close out of projects, all contingencies shall be eliminated. However, grant increases from the State trust funds shall not be made to adjust any project funding. Specific Authority 403.061, 403.101, 403.1823, 403.1823, 403.1838, 403.804 FS. Law Implemented 403.021, 403.061, 403.086, 403.101, 403.1821-1838 FS. History-New 2-2-84. 17-50.10 Reserve Fundsa (1) The amounts of reserve funds shall be established by the Commission. Reserve of federal funds requires EPA concurrence. Transfers between unreserved funds and reserve funds may be executed by the Commission; however, mandatory reserve funds are not transferable. The reserve funds are: (a) Small Community Advance As much as ten percent of the State allotment shall be initially reserved for advances of allowance for Step 1 and Step 2 work to small communities which are unable to finance the planning and design work required to qualify for a Step 3 grant. Advances shall not be made to finance the completion of projects for which a municipality has previously received a Step 1 or Step 2 grant. The amount of the actual allowances shall depend upon that allowed by EPA and the applicable grant percentage. (b) Grant Increase A portion of the federal funds may be initially reserved for grant increases to ongoing EPA funded projects necessary as a result of construction bid cost overruns occurring within twelve months of grant awards, differing site conditions, unforeseeable land acquisition and site development cost overruns which are beyond the control of the municipality or its agents, modification or replacement of that part of innovative and alternative technology projects which was funded using the reserve identified in paragraph (e) below, or written commitments from the bureau issued prior to the effective date of this Chapter. Reinstatement of funds to grants erroneously (I) Trust Fund or inappropriately reduced may also be made 1. Not less than 45 percent of the State from the grant increase reserve. Requests for Water Pollution Control Trust Fund shall be grant increases may be approved for funding set aside for the Small Community Sewer in chronological order of receipt by the Construction Assistance Trust Fund for step bureau as soon as sufficient funds become 2 + 3 projects sponsored by incorporated available. Grant increase approvals shall be municipalities qualifying as small further restricted; communities. The total grant award(s) from 1. An Certification or approval for this reserve to any small community shall not funding from the grant increase reserve for exceed $3.0 million. Grant awards from this segments of larger projects is requiring multiple reserve shall be for projects on the fundable year funding shall be subject to the portion of the trust fund reserve list. The limitations of Rule 17.05.04 (2). matching 45 percent local share may include 2. Grant increases shall not be made to grant funds from other agencies; however, extend the scope of any project or to provide grants awarded from the trust fund shall not funding for project omissions or project cost result in greater than 100 percent funding overruns not specifically referenced above. from all grant sources. 3. Grant increases shall not be made for 2. The Commission may waive any part any project funded from the Florida Water of the matching local share for Protects Pollution Control Trust Fund or from the involving grants of less than $50,000. Waiver Small Community Sewer Construction of the 45 percent local matching contribution Assistant Trust Fund. may be given if: (c) State Management Assistance a. Water quality standards have been Four percent of the State allotment shall exceeded by an amount that constitutes an be initially set aside for State management immediate health hazard, or assistance, pursuant to the agreement b. Gross per capita income for the between the department and EPA. for the community is below the State average. as reasonable costs of administering program determined by the U. S. Department of activities delegated to the State by EPA Commerce, and where sewerage facilities fail pursuant to Section 205(g) of the Act. to meet Department standards. (d) Water Quality Managemnent (g ) Advanced Treatment Planning Not more than five percent of the State Up to one percent of the State allotment, Water Pollution Control Trust Fund or $5.0 but not less than $100,000, shall be reserved million, whichever is less. shall be set aside for a grant to the State for the purpose Of for supplemental (to EPA grants) 55 percent water quality management planning grants for projects involving cost-effective pursuant to Section 205 (j) of the Act. advanced treatment facilities which are (e) Innovative and Alternative determined to be ineligible for EPA grant Technology funds. Requests for supplemental grants are Not less than four percent, but not more not dependent upon priority score and may than seven and one-hair percent, of the be approved in chronological order of receipt federal allotment shall be set aside for by the bureau. Advanced treatment facilities increasing the federal share of grants for are eligible only if construction is initiated projects utilizing innovative or alternative after a grant award from this reserve. technology. The resulting grant increase (h) Administration shall be not more than twenty percent of the Two percent of the State Water Pollution qualifying technology cost provided reserve Control Trust Fund shall be set aside to cover funds are available. At least one-half of one the costs or reviewing and acting upon grant percent of the annual allotment shall be used applications and project submittals, and the for increasing the federal share of grants cost of surveillance and other field services utilizing innovative technology. Funding associated with the application. from this reserve shall be in chronological Specific Authority 403.061, 403.101, 403.1823, order of the date of the Department's 403.1832, 403.1838, 403.804 FS. Law determination that the project utilizes Implemented 403.021, 403.061. 403.086. 403.101, innovative or alternative technology. 403.1821-1838 FS.History-New 7-13-82. Funding from this reserve is not subject to the Amended 4-26-83. 10-6-83, 2.2-84. 7-19-84. limitations of Rule 17-50.04(2) for segments of large projects requiring multiple year funding. DER1984 ADMINISTRATIVE PROCEDURES 17-100 CHAPTER 17-100 ADMINISTRAT'IVE PROCEDURES 17-100.010 Administrative Procedures. 17-100.020 Citation of Department 17-100.020 Citation of Department Rules. Rules. Department rules may be cited as Rule 17-X.XX, Florida Administrative 17-100.010 Administrative Code, or Florida Administrative Code Procedures. Rule 17-X.XX. Abbreviation may be On June 1, 1984, the Department used where appropriate, such as, Rule of Environmental Regulation revised' 17-X. XX, FAC, or Fla. Admin. Code Rule and renumbered rules relating to, 17-X. X X. A rule may also be cited administrative procedures, except for using the appropriate subdivision forms. Previously the rules were set label, I.e., title, chapter, section, forth in Chapter 17-1, Florida Admin- subsection, paragraph, subparagraph, istrative Code. Forms remain in Chap- and sub-subparagraph (such as Section ter 17-1. Now the rules are set forth 17-X.XX, FAC) in accordance with in the following chapters of the Department of State Rule 1S-1.001, Florida Administrative Code. See Rule FAC. 17-1.002 for a table cross -referencing Specific Authority: 120.S3(l), F.S. Chapter 17-1 as numbered prior to Law Implemented: 120.53(l), F.S. June 1, 1984, with these rules. History: New 6-1-84. 17-100 ADMINISTRATIVE PROCEDURES 17-101 DESCRIPTION OF ORGANIZA- TION 17-102 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-103 RULES OF ADMINISTRATIVE PROCEDURE - FINAL AGENCY ACTION (NON-RULEMAKING) AND APPEAL 17-104 ADMINISTRATIVE PROCEDURES-7 FOR THE WATER RESOURCES RESTORATION AND PRESER- VATION PROGRAM 17-105 SMOKING POLICY 17-106 LEASES FOR REAL PROPERTY Specific Authority: 120.53(l), F.S. Law Implemented: 120.53(l), F.S. History: New 6-1-84. 6-1-84 DER1984 DESCRIPTION OF ORGANIZATION 17-101 CHAPTER 17-101 DESCRIPTION OF ORGANIZATION 17-101.010 Agency Description. Florida Environmental Reorganization 17-101.020 Address, Office Hours and Act as part of the Department. It Copies of Documents. is composed of seven citizens, 17-101.030 Statutes Affecting Agency appointed by the Governor and con- Operations. firmed by the Senate, who represent 17-101.040 Delegation of Authority various geographical regions and by Secretary. interest groups of the state. The 17-101.050 General Description of Commission adopts all Department Agency Organization and standards relating to air, water Operations. quality, noise and solid and haz- 17-101.060 Designation of Agency ardous waste management, and gives Clerk; Duties. final state approval on applications for and disbursements of federal and 17-101.010 Agency Description. state grants for wastewater treat- (1) The Department of Environ- ment works. mental Regulation is a component of Specific Authority: 120.53(l)(a), the executive branch of the State F.S. Law Implemented: 120.53(l)(a), of Florida authorized by Section F.S. History: New 2-6-78, Trans- 20*261, Florida Statutes. It was ferred from 17-1.01 and Amended created by the Florida Environmental 6-1-84. Reorganization Act of 1975 (Chapter 75-22, Laws of Florida). 17-101.020 Address, Office (2) The Secretary, pursuant to Hours and Copies of Documents. Subsection 20.2610), Florida Stat- (1) The address of the Depart- utes, is the head of the Department ment is: of Environmental Regulation, and is 2600 Blair Stone Road appointed by the Governor and con- Twin Towers Office Building firmed by the Senate. In addition Tallahassee, Florida 32301 to the powers and duties delegated (904) 488-4805 to the Secretary by Chapter 75-22, (2) Office Hours are: Laws of Florida (1975), Section Office hours are 8:00 a.m. 403.805, F.S., the Secretary may until 5:00 p.m. each weekday except exercise those powers delegated to holidays. heads of state departments by Sec- (3) Copies of Documents: tion 20.05, Florida Statutes. The Information or requests for Secretary has authority to adopt, copies of rules, orders, publica- by rule, all procedures followed, tions or documents issued by the and forms used, by the Department, Department may be obtained at the in addition to the exercise of above address. the Department's rulemaking powers The Department also has dis- under Chapters 253, 373, 376 and trict and branch -offices throughout 380, Florida Statutes. the state, and copies of documents (3) The Environmental Regula- they have may be obtained there. tion Commission was created by the The following map gives the address 17-101.010 17-101.020(3) 4 7 4 DER1984 DESCRIPTION'OF ORGANIZATION 17-;-101 and telephone number of the Depart- which complies with the requirements ment's headquarters and field of- of the federal Coastal Zone Manage- fices. (Figure 1) ment Act of 1972. In addition, the Specific Authority: 120.53(l)(a), Department is responsible for per- F.S. Law Implemented: 120.53(l)(a), forming the State's obligations F.S. History: New 2-6-78, Amended under several federal statutes, in- 4-28-81, Transferred from 17-1.02 cluding the Federal Water Pollution and Amended 6-1-84. Control Act Amendments of 1972 (Public Law 92-500), the Clean Air 17-101.030 Statutes Affecting Act (Public Law 91-604, Public Law Agency Operations. The Department 92-15.7, Public Law 93-15, Public Law of Environmental Regulation has 93-319, Public Law 95-95), the Safe responsibility for regulating cer- Drinking Water Act (Public Law tain activities or carrying out 93-523), the Noise Control Act of statutory duties which affect the 1972 (Public Law 92-574), the Water quality of Florida's environment, Resources Planning Act (Public Law including: dredging and filling in 89-80, Public Law 91-512), and the navigable waters under Chapter 253, Coastal Zone Management Act of 1972 Florida Statutes, administration of (Public Law 92-583), The Resource the Water Resources Act of 1972, Conservation and Recovery Act of Chapter 373, Florida Statutes, which 1976 (Public Law 94-580), as they includes general supervision of the are amended from time to time. water management districts; review Specific Authority: 120.53(l)(a), and approval of formation of water F.S. Law Implemented: 120.53(l)(a), control districts under Chapter 298, F.S. History: New 2-6-78, Trans- Florida Statutes; administration of ferred from 17-1.03 and Amended Chapter 403, Florida Statutes, which 6-1-84. includes regulation of air, water, and noise pollution, solid and haz- 17-101.040 Delegation of Author- ardous waste management, power plant ity by Secretary. The Secretary, siting, public drinking Water sup- as head of the Department, has plies, licensing of water and sewage delegated authority as follows: treatment plant operators, and state (1) To the Assistant Secretary pollution control bonds; the preven- of the Department to act on behalf tion or cleanup of pollutant spills of the Secretary in all matters or discharges in or on inland waters during the absence of the Secretary, or land of the state, pursuant to including the signing of contracts, Chapter -376, F.S., Coastal Zone and in the absence of both the Sec- Management, pursuant to Chapter 380, retary and Assistant Secretary to a Part 11, F.S.; and Industrial Sit- designated Division Director to act ing, pursuant to Sections 288.501- in the Secretary's behalf on all 288.518, F.S. matters. Pursuant to Section 380.19 and (2) To the Director, Division Section 23.0114(4), Florida Stat- of Administrative Services, to act utes, the Department is also respon .- on behalf of the Secretary on all sible for the development of and purchasing, office space leasing, submittal to the Legislature of a personnel and budget matters. coastal zone management program (3) To the General Counsel, to 17-101.020(3) 17-101.040(3) 4 7 5 DISTRICIT BRANCH OFFICES Northeastern District State Florida 3426 Bil Road Co-location with Water Department of Environmental Regulation Jacksonville 32207 Management District 2600 Blair Stone Road (904)396-6955 Tallahassee, Florida 32301 Suncom 620-5295 (904) 488-4805 Northeast District Branch Office 825 NW 23rd Avenue Suite G Gainesville, Fl 32601 $Asia (904)377-7528 Suncom 620-5150 Northwest District 160 Governmental Center St. Johns River Water Management District Pensacola, FL 32501 Highway 100 West (904) 436-8300 Southwest District 1/4 Mile past Kay Larkin Suncom 695-8300 7601 Highway 301 north P.O. Box1429 Tampa, FL 33610 Palatka, Fl 32078-1429 Northwest District (813) 985-7402 (904)328-8321 Branch Offices Suncom 687-1100 217 East 23rd Sreet Suncom 552-7270 Suite B Panama City, Fl 32405 Southwest Florida Water St. John River District (904)769-3576 Management District 3319 Maguire Boulevard Suncom 221-3350 5060 U.S. Highway 41, South Orlando, FL 32803 Brooksville, FL 33512 (305)894-7555 (904) 796-7211 Suncom 393-1011 2670 Executive Center Suncom 684-1112 Circle West. Southeast Florida District Sutton Building South Florida District 3301 Gun Club Road Tallahassee, FL 32301 2269 Bay Street P.O. Box 3858 (904)488-3704 Fort Myers, Fl 33901 West Palm Beach,Fl 334 Suncom 278-3704 (813) 332-2667 (305) 689-5800 Suncom 552-7900 Suncom 451-5053 *Northwest Florida Water Management District South Florida District Southeast Florida District Route 1, Box 3100 Branch Offices Branch Office Havana, Fl 32333 3201 Golf Course Boulevard 2745 S.E.Morningside bl (904) 487-1770 Punta Gorda, FL 33950 Port St. Lucie, Fl 3345 Suncom 277-1770 (813) 639-4967 (305)878-3890/335-4310 Suncom 552-7636 Suncom 451-5053 *Suwannee River Water Management District 11400 Overseas Highway *South Florida Water Highway 90 E. & County Rd 49 Suites 219-224 Management District Route 3, Box 64 Marathon, Fl- 33050 3301 Gun Club Road Live Oak, FL 32060 (305) 743-5955/9251 P.0. Box V Suncom 451-5094 West Palm Beach, Fl 334 (904) 362-1001 (305)686-8800 Suncom 660-1001 Effective June 1, 1984 Suncom 429-1011 DER 1984 DESCRIPTION-OF ORGANIZATION 17-101 accept service of process in law- control, the following authority is suits filed against the agency. delegated: (4) To the Director, Division 1. To approve and deny con- of Environmental Permitting, and struction, operation and temporary District Managers, authority to act operation permits under Chapter 403, on the following types of permit Florida Statutes, including execu- ,applications. tion of notices of intent to approve (a) To complete, sign and sub- or deny such permits; mit to the appropriate authority 2. To approve and deny requests applications and all other necessary for extensions of expiration dates documents relating to the laboratory of construction permits, including use of alcohol by the D i strict execution of notices of intent to Offices pursuant to Section 6 of take such action; Chapter 75-22, Laws of Florida, and 3. To approve and deny requests section 20.05, Florida Statutes. fo r the issuance or renewal of This authority is also delegated to operation permits where the subject the Chief of the biological section, facility or operation is meeting relating to the use of alcohol by Department standards and require- the biological laboratory. ments, including execution of no- (b) To-approve or deny engi@- tices of intent to take such action; neering plans and related documents 4. To approve, deny and order covering proposed public water sup- modifications of operation permits, ply improvement projects, e.g., new including execution of notices of water treatment plants or modifica- intent to take such actions; tions, distribution system exten- 5. To approve and deny requests sions, and water well installations. for the extension or revision of Sections 403.850 through 403.864, compliance dates and conditions in Florida Statutes. temporary operation permits after (c) To approve or deny permits, public notice, where a good faith including execution of notices of effort has been made by the appli- intent to approve or deny such per- cant to meet the deadlines and mits, to construct public water requirements in the temporary opera- supply wells. Sections 403.850 tion permit, including execution through 403.864, Florida Statutes. of notices of intent to take such (d) To approve or deny short action; and form permits for those types of 6. To issue the appropriate projects in Section 403.813(j), public notice for all of the types Florida Statutes, and Rules 17-4.28 of permits delegated to the dis- and 17-4.29, FAC, including execu- tricts. tion of notices of intent to issue (f) To issue Notices of Intent or deny such permits. to Deny, or Approve and to issue (e) With regard to domestic Final Orders of Denial when no wastewater treatment and industrial administrative hearing has been wastewater treatment facilities, air requested for short form dredge pollution sources, sanitary land- and fill applications, and other fills, hazardous waste facilities, applications described in Rule sources of groundwater contamina- 101.040(4). tion, and underground injection (g) In addition to the authority 17-101.040(3) -- 17-101.040(4)(g) 77 DER 1984 DESCRIPTION OF ORGANIZATION 17-101 to act on permit applications de- the Department for the Office of the scribed herein, the authority to Secretary and the Office of General execute consent orders and notices Counsel. of violation which have been ap- (8) To the District Managers, proved by the Office of the General Bureau Chiefs, or their organiza- Counsel, and to act on authoriza- tional equivalent, the authority to tions for restoration pursuant to dismiss, suspend, demote, transfer, DER Form 17-1.203(3). or reassign any employee who does (5) To the Director of Permit- not have permanent status in the ting, or, at his discretion, the career service in their respective Chief of the Bureau of Permitting, organizational unit. to issue letters of intent to (9) To the approved Local Pro- approve and intent to deny standard grams, the Water Management Dis- applications for dredge and fill tricts, and other state agencies projects pursuant to Chapters 403 according to specific agreements, and 253, Florida Statutes, and Rules to function as agents for the De- 17-4.28 and 17-4.29, FAC. partment in those activities desig- (6) To the Chief of the Bureau nated by the Department which, in of Permitting, certification Of the judgment of the Department, may NPOES permits pursuant to Public Law be performed individually by each 92-500, Section 401. program, district or agency at a (7) To the following for their level required by applicable stat- respective organizational unit, the utes or rules relating to these authority to take final agency activities. These specific operating action, pursuant to Chapters 17-10 agreements are on file with the and 22A-10, FAC, for disciplinary Department and available for public actions and for personnel actions inspection. against employees in their . unit (10) (a) To the South Florida whose performance is less than Water Management District, the satisfactory, including actions Southwest Florida Water Management to reduce the employee's pay, sus- District, the St. Johns River Water pension, demotion, transfer, and Management District, the Suwannee dismissal, or who have violated the River Water Management District, Department's Personnel Rules, Chap- and the Northwest Florida Water ter 17-10, FAC: Management District the authority (a) the Director of Administra- to administer and enforce those tive Services or, at his discretion, provisions of Chapter 373, Florida the Deputy Director of. Administra- Statutes, water quality and other tive Services; functions of the Department, and the (b) the Director of Environmen- rules of the Department as have been tal Permitting or, at his discre- delegated from time to time to the tion, the appropriate Deputy Direc- Districts by order of the Secretary, tor within Environmental Permitting; after fourteen (14) days notice to (c) the Director of Environmen- the Governing Board and publication tal Programs or, at his discretion, in the Florida Administrative Week- the Deputy Director of Environmental ly. Authority delegated shall be Programs; and listed in this section subsequent to (d) the Assistant Secretary of delegation. The following Districts 17-101.040(4)(g) -- 17-101.040(10)(a) 4 7 8 DE .R1984 DESCRIPTION, OF ORGANIZATION 17-101 are authorized to administer and en- 373.042; 343.046; 373.103(2) through force the following laws and rules, (7); 373.191; Part 11, Chapter 373; including Section 373.103(l), F.S., 373.309; 373.313; 373.316; 373.319; to the extent necessary to fully 373.323(6); 373.326; 373.333; Part implement authority specifical ly IV, Chapter 373; Chapter 17-21, FA 'C. delegated. ' 5. Northwest Florida Water Man- : 1* South Florida Water Manage- agement District: 373.026(1) through ment District: 373.026( 1) through (5), and 373.026(6) to the extent (5)', and 373.026(6) to the extent necessary to conduct or participate necessary to conduct or participate in laboratory research; 373.033; in I aboratory research; 373.033; 373.042; 373.046; 373.103(2) through 373.042; 373.046; 373.103(2) through (7); 373.191; Part 11, Chapter 373; (7); 373.191; Part 11, Chapter 373; 373.309; 373.313; 373.316; 373.319; 373.309; 373.313; 373.316; 373.319; 373.323(6); 373.326; 373.333; Part 373.323(6); 373.326; 373.333; Chap- IV, Chapter 373; Chapter 17-21, FAC. ter 403, to the extent necessary (b) In making the foregoing to adopt, implement, and enforce delegations of authority, the De- Rule 16K-4.035, FAC; Part IV, Chap- partment continues to retain and ex- ter 373; Chapter 17-21, FAC; and ercise general supervisory authority Chapter 17@-25 in accordance with over the water management districts, Rule 17-25.09(l), FAC. and no delegation is intended to 2. Southwest Florida Water Man- divest the Department or the Dis- agement District: 373.026(l) through tricts of the authority to. -take (S), and 373.026(6) to the extent action pursuant to those provis.ions necessary to conduct or participate of Chapter 373 which provide inde- in laboratory research; 373.033; pendent authority to the Districts 373.042; 373.046; 373.103(2) through or the Department. Applications for (7); 373.191; Part 11, Chapter 373; permits to construct and operate 373.300; 373.313; 373.316; 373.319; injection wel Is involve provisions 173.323(6); 373.326; 373.333; Part of Chapter 373, Florida Statutes, IV, Chapter 373; Chapter 17-21, FAC; administered by the various water and Chapter 17-25 in accordance with management districts, and Chapter Rule 17-25.09(2), FAC. 403, Florida Statutes, administered 3. St. Johns River Water Man- by the Department. Efforts have been agement District: 373.026(l) through made by the Department and districts (5), and 373.026(6) to the extent to coordinate this permit review necessary to conduct or participate process, and applicants should con- in laboratory research; 373.033; tact the district and Department 373.042; 373.0460- 373.103(2) through offices for specific information on (7); 373.191; Part 11, Chapter 373; the permit coordination procedures. 373.309; 373.313; 373.316; 373.319; (11) To those counties or 373.323(6); 373.326; 373.333; Part muni 'cipalitles, pursuant to Section IV, Chapter 373; Chapter 17-21, FAC. 403.1815, Florida Statutes, the 4. Suwannee River Water Manage- authority to regulate the construc- ment District: 373.026(l) through tion of water distribution mains and (5), and 373.026(6) to the extent sewage collection laterals of ten necessary to conduct or participate inches (1011) or less which may be in laboratory research; 373.033; connected to any water system or 17-101.040(lo)(a) 17-101.04001) 4 7 9 DER1984 DESCRIPTION OF ORGANIZATION 17-101 sewerage system owned by the county Rule 17-6.0200), (2) and (3), FAC; or municipality, as has been dele- (b) The authority to grant gated from time to time by order of written authorizations for the the Secretary, after fourteen (14) application of pesticides to waters days public notice in the Florida of the state for the purpose of Administrative Weekly and in a news- insect control in accordance with paper of general circulation in the subsection 403.088(l), F.S., and county or municipality to whom dele- Rule IOD-S4.46, FAC. gation is proposed. Any authority (14) To the Department of Agri- delegated shall be listed in this culture and Consumer Services: section subsequent to delegation. (a) Regulation of certain open (12) To the Department of Natu- burning activities in accordance ral Resources: with Rule 17-5.09, FAC; (a) Aquatic Weed Control Dis- (b) Testing and certifying charge Permitting. Pursuant to gasoline tank trucks in accordance 403.061(27), Florida Statutes, the with Rule 17-2.700(6)(c)2.d., FAC, Department of Environmental Regula- and gasoline storage tanks in accor- tion delegates to the Department of dance with Rule 17-2.650(l)(f)ll., Natural Resources (DNR) the author- FAC. ity to issue, deny, modify, revoke, Specific Authority: 120.53(l)(a),, and suspend permits authorizing 373.103, 373.308, 403.061, 403.1815, persons to discharge into waters, in 403.812, 110.201, F.S. Law Imple- accordance with Section 403.088(l), mented: 120.53(l)(a), 403.088, Florida Statutes, chemicals, bio- 110.227, F.S. History: New 2-6-78, logical agents and other substances Amended 4-28-81, 6-30-81, 6-3-82, for the purpose of the control of Transferred from 17-1.04 and aquatic weeds or algae, provided: Amended 6-1-84. 1 - the discharge is in accor- dance with a program approved by DNR 17-101.050 General Description pursuant to Chapter 16C-20, FAC; and of Agency Organization and Opera- 2. DNR conforms to the require- tions. The agency is composed of ments of Chapter 120, Florida Stat- three operating divisions, support- utes and Chapters 17-103 and 28-5, ing staff offices, and district and FAC, the processing of all permit branch offices located around the applications; and state to make agency services acces- 3. the Department is allowed to sible to the citizens of Florida. intervene as of right in any DNR The internal structure of the De- licensing proceeding involving this partment of Environmental Regulation delegation. is reflected graphically on the (b) To authorize the applica- organization chart (Figure 2). tion of chemicals to marine waters (1) Office of the Secretary. of the state for the purpose of This office includes the Secretary, capturing live marine species. who exercises those powers and (13) To the Department of duties delegated to the head of the Health and Rehabilitative Services: Department by Florida law, and the (a) The authority to issue per- Assistant Secretary, who acts as mits for individual domestic waste- agency head in the Secretary's water disposal facilities listed in absence and carries out such other 17-101.040(11) -- 17-101.050(l) 6-1-34 4 8 0 DEPARTMENT OF ENVIRONMENTAL REGULATION OFFICE G -N V-1 R-0 -N M-9 -H T-A 1-1 OF THE - - - - REGULATION SECRETARY COMMISSION OFFICE OF GENERAL COUNSEL ASSISTANT SECRETARY DIRECTOR DIVISION OF OD, ,R.SF-.cTNoRF ADMINJ STRATIVE ENVIRONMENTAL SERVICES PER MffTING OFFICE OF BUREAU OF DEPUTY DIRECTOR DEPUTY DIRECTOR PERMITTING & FIELD STAFF PERSONNEL P OPERATIONS ENT COORDINATION DEVELOPMENT MANAGEM ROGRAM 0 BUREA SOUTHEAST FLORIDA NORTHWEST owttAu ICT O..FN PERMIfTfNG P.. C INFOR., OF 'L - - DISTR nMATI N I" oma^cvq@ $-i, SYSTEMS OILA FCC OIC-S& DEPUTY DIRECTOR TaC "&C^L suplCRT BRANCH OFFICE BRANCH OFFICE DIVISION OF &-%.off* POVIT ST. LUCUK PAMAMA CITV ADMINISTRATIVE -PO.Eff PLANT SITING SERVICES rST^IOA"P 18""ITTI"G pR*CKO:INQ CONTROL SOUTHWEST BRANCH OFFICE DISTRICT BUREAU OF TAMP^ ACCOUNTING PURCHASING & BUDGETING OFFICE co NORTHWEST SOUTH FLORIDA DISTRICT DISTRICT RESDU,IZLII@E, FT. "vans R S MATE aS PRINT CENTER SHOP R, BRANCH OFFICE BRANCH OFFICE GAINKS"ILLP PUNTA GONDA OtRECTO R DIVISION IF ENVIRONMENTAL PROG RAMS ST. JOHNS RIVER DISTRI BRANCH OFFICZ CT DEPUTY DIRECTOR WAT E R III SPEC AL PROGRAMS BUREAU OF --------- OPERATIONS T- BUREAU OF BUREAU OF BUREAU OF BUREAU OF BUREAU OF 'C"s a ICE WASTEWATER GROUNDWATER FE, WATER WATER @CMC Arp AN MANAGEMENT PROTECTION & AIR QUALITY @Tg HftIC L PROJECT SUPPORT MA.NAGEMEhT I, RO Jac, M^N,,GK.ZftT ALYSIS MA&4AGEMEN &GRANT WASTE MANAGEMENT -*.CqGE.L:v .19SONSK @ Hla@,s Or'Ics; 01FICE lap's 0'r Ica -C-lar's Op,ICa c P , L S10 '.0 v w Ttq a NCRII CONSTRUCTION SO 10 & AZARDOUS @^IP MONITORING -C PROJECT MANAGCMCNT WANTC ,@Mloyft -ROORA 0 ... 0 ; & ^LYS$q, OR ANKIN@ INAT 90 PROGRAM MANAGILMCNT QRO,U T -CENTRAL AIR PSPMITT@ftG A V LA .TV. QW LIT@ FACILIT vLAhftt%C. PSSTICIOX NAOSMENT PEvil" .0 -*IJ AL ITV & -99YON AT.ON 1c." 8 Op"Cu 6 N & Oraft^TIO. ASS-^. DER1984 DESCRIPTION OF ORGANIZATION 17-101 duties as assigned by the Secretary. Services. The Division of Adminis- Additional functions carried out by trative Services is headed by the personnel located in this office Director of Administrative Services, include coordination of the Depart- who is appointed by and serves at ment's water management, legisla- the pleasure of the Secretary. The ti ve, and industrial development division performs four broad func- programs. tions: provides centralized adminis- (a) Office of the General Coun- trative services for the Department; sel. The Office of General Counsel coordinates the flow and analysis of is, headed by the General Counsel who program status information from dis- is appointed by and serves at the trict and branch offices and water pleasure of the Secretary. All management offices to the central Department attorneys are located in office in Tallahassee; disseminates this office and are directly super- information to the public concerning vised by four (4) deputy general the activities of the Department counsels. This office provides all and facilitates citizen involvement of the legal support to the Depart- in efforts to protect the environ- ment of Environmental Regulation and ment; and develops and administers provides legal advice to the Gover- Department-wide staff development nor and Cabinet and Environmental programs. Regulation Commission on Department (a) Office of Deputy Director legal matters. of Administrative Services. This (b) Industrial Development Co- office is headed by the Deputy ordination Section. This 'Section, Director of Administrative Services in cooperation with the Department and is responsible for providing of Commerce, Division of Economic overall direction and supervision Development, communicates with pro- for administrative services support spective new industries, or existing activities of the Department through industries wishing to expand, to aid the Bureau of Accounting and Budget- them in selecting sites. and proce- ing, the Office of Purchasing, the dures that will minimize environmen- Resource Materials Center, and the ta.1 problems. Print Shop. (c) Office of Coastal Manage- 1. Bureau of Accounting and ment. This office is responsible Budgeting. This bureau is headed by for implementation of the Depart- the Chief, Bureau of Accounting and menVs powers and duties relating to Budgeting and provides financial coastal planning and management in management services to the Depart- Florida, including the implementa- ment. These services include coi- tion of a comprehensive state plan lection and deposit of revenue for the protection and proper uti- preaudit and payment of invoices, lization of Florida's coastal re- payroll accounting'. preparation of sources, making maximum use of any' financial reports, preparation of federal funding for this purpose. legislative and operating budgets The office works closely with all and amendments, administration of levels of state and local government the State Bond Loan Program, main- in the implementation of the Florida tenance of property records, and Coastal Management Program. distribution of funds appropriated (2) Division of Administrative for water management districts and 17-101-050(l) 17-101.050(2)(a)l. r3-1-84 4 8 2 DER1984 DESCRIPTION. OF ORGANIZATION 117-11011 other special purposes. Programs. The Division of Environ- 2. Purchasing Office. This mental Programs is headed by the office is headed by the Purchasing Director of Environmental Programs, Director and Is responsible for who is appointed by and serves at all purchasing services, contracts the pleasure of the Secretary. This administration, facility leasing, division is composed of the Bureau supply room supervision, and central of Wastewater Management and Grants, motor pool management. the Bureau of Water Analysis, the 3. Resource Materials Center. Bureau of Groundwater Protection and This office is headed by the Re- Waste Management, the Bureau of source Materials Center Manager and Water Management, and the Bureau of is responsible for the Department's Air Quality Management. library and records management ser- (a) The Office of the Director vices includes: 4. Print Shop. This office is 1. The Office of Economic Anal- headed by the Print Shop Supervisor ysis is responsible for compiling and provides in-house printing ser- and evaluating information on the vices for the Department including economic impacts of proposed Depart- the district offices. ment rules and for developing an (b) Bureau of Personnel Manage- economic evaluation system for all ment. This bureau is headed by the Department programs. Chief, Bureau of Personnel Manage- 2. The Office of Grant Coordi- ment, who serves as the Department@s nation. This office is responsible management representative in col- for screening all grant applica- lective bargaining activities and tions, except state and federal supervises all personnel actions for grants for wastewater treatment agency employees. Employment appli- works, developing the annual Water cations and information regarding Program Plan, and coordinating the current vacancies may be obtained development of all other Department from the bureau at the address program plans. listed in Rule 17-101.0200), FAC, (b) Bureau of Wastewater Man- telephone (904) 488-0450. agement and Grants. (c) Bureau of Information Sys- This bureau administers the tems. This office provides activity/ federal construction grants program resource analysis and data systems for public wastewater treatment coordination. projects under a delegation agree- (d) Office of Public Informa- ment with the U.S. Environmental tion. The Office of Public Informa- Protection Agency. The bureau also tion coordinates programs designed administers a separate state-funded to provide information and education- grant program for similar projects. concerning environmental problems Other activities include technical and activities in Florida. review of projects seeking loan (d) Office of Staff Develop-, funding from state pollution control ment. This office provides pre- bonds revenue, generally providing service, in-service, and profession- technical expertise and policy al development activities for all recommendations for issues relating employees of the Department. to wastewater treatment and manage- (3) Division of Environmental ment, and development of rules to 17-101.050(2)(a)l. -- 17-101.050(3)(b) 4 8 3 DER1984 DESCRIPTION OF ORGANIZATION 17-101 administer the programs. project construction through pre- 1. Program Management Section. construction conferences and interim This section provides management and inspections; through reviewing administrative support for both project modifications, including the federal and state construction engineering review and cost/price grants programs. Responsibilities analyses; and by assisting with include developing and managing the final construction and final admin- state system for determining funding istrative inspection. Staff coor- priorities; reviewing and approving dinates with U.S. Army Corps of grant applications /amendments, pay- Engineers and departmental district ments, and procurement procedures; offices in construction oversight. maintaining official grant files and (c) Bureau of Groundwater Pro- a computerized grant data system; tection and Waste Management. and assisting with final project 1. Office of the Bureau Chief. administrative inspection. This bureau supervises and manages 2. Facility Planning Section. the statewide programs for solid This section reviews project facil- waste disposal, hazardous waste man- ity planning studies and related agement, underground tank control, environmental analyses, sewer system ground water protection, and re- evaluation surveys and infiltration/ stricted use pesticides review. it inflow studies, user charge systems, applies for and manages federal or and sewer use ordinances. Staff state monies to further the objec- also reviews financial capability tives and goals of these programs. documentation submitted by grantees. 2. Solid and Hazardous Waste 3. Design and Operation Sec- Management Section. This section tion. This section reviews project is responsible for planning, rule plans and specifications, reviews development, and technical assis- pl ant operation and maintenance man- tance for the safe disposal of solid uals, and conducts value engineering and hazardous wastes (including studies of large projects. Staff sludges), and development of the also provides technical assistance state program for regulation of as needed in administrative review underground storage facilities in of projects. accordance with Chapter 17-61, FAC. 4. Project Management Section. 3. Ground Water Section. This This section assists program partic- section provides technical review ipants from project conception to and evaluation for other programs in completion by providing a liaison the Department on all aspects of between the grantee and all other ground water availability, contami- bureau sections to ensure adminis- nation, protection, monitoring, and trative continuity during all proj- management. The section investigates ect stages. Staff assists with known or suspected cases of ground federal/state regulations compliance water pollution and develops mea- and provides technical coordination sures and recommendations for cor- with sections on facility planning, rective action and also provides for engineering, design /operation and ground water sampling support at construction. uncontrolled hazardous waste sites. 5. Construction Section. This Other duties of the section include section assists grantees during developing rules and regulations 17-101.050(3)(b) 17-101.050(3)(c)3. 4 8 4 DER 1984 DESCRIPTION:-OF ORGANIZATION 17-101 regarding statewide well construc- source management programs. tion and abandonment, salinity 3. Water Resources Programs barrier lines, minimum ground water Section. This section is responsible levels and the development and for the coordination of various implementation of the Florida Under- federal and state programs related ground Injection Control Program and to water management, including: a statewide ambient ground water a. the State Public Works Pro- quality monitoring plan. The section gram, w .ill also be responsible for the,' b. the Annual Cooperative development of a central ground Agreement between the United States water data storage, the analysis and Geological Survey and the Department retrieval systems to be located in involving cooperative investigations the Department. and data collection programs, 4. Pesticides Review Section.. c. a State Dam Safety Permit- This section is responsible for pro- ting and Inspection Program involv- viding comments on the environmental ing the implementation of a Dam impact of restricted-use pesticides Safety Rule, to the Pesticide Review Council and d. Chapter 298, F.S., Water providing the Department's represen- Control Districts involving monitor- tative on the Council. Duties also ing these districts and assisting in include assisting the Department of the appointment of supervisors when Agriculture in formulating a state-@, needed, wide pesticides use policy. e. Outstanding Florida Water (d) Bureau of Water Management. (OFW) petitions involving staff 1. Office of the Bureau Chief. review of petitions and recommenda- This Bureau is responsible for tions, to the Secretary as to the coordinating Department powers and. acceptability of OFW petitions, duties pursuant to Chapter 373, f. water resources restoration Florida Statutes, planning and projects including development and coordination of the water quality monitoring of contracts for projects management programs required by assigned to the Department by the Sections 208 and 303 of Public Law Legislature, and 92-500; reviewing the Stormwater g. United States Geological Rule; the periodic review of State.':' Survey Flood Prone Maps involving Water Quality Standards, the State responding to requests for these Public Works Program, the State Dam maps. Safety Program, the State 11298" 4. Drinking Water Section. District Review, the State Drinking This section is responsible fo r Water Program, and other special ensuring that public drinking water projects relating , to the water. is obtained from an adequate source, resources of the. State of Florida. properly treated, protected from 2. Water Quality Management and contamination after treatment, and Restoration Section. This section safely distributed to the consumer is responsible for providing techni-... by planning, developing and coor- cal and planning assistance for the, dinating the activities of the development and implementation df. Department for effective management state. and area-wide water quality, of the drinking water program. management plans, and nonpoint . (e) Bureau of Air Quality 17-101.0500)(03. -- 17-101.050(3)(e) 6-1-84 4.8 5 DER1984 DESCRIPTION OF ORGANIZATION 17-101 Management. This bureau plans, coor- (f) Bureau of Water Analysis. dinates, and implements the state 1. Office of the Bureau Chief. air pollution control program and This bureau is comprised of the serves as the liaison between the following sections: Biology, Chem- state and the United States Environ- istry, Water Quality Analysis, and mental Protection Agency (EPA) on Water Quality Monitoring and Quality matters related to air quality. Assurance. The primary responsibil- The bureau is organized Into ities of the bureau are to assess three operating groups: the physical, biological and chemi- 1. Bureau Chief's Office (BCO), cal integrity of the surface waters which plans and directs the activi- of th ,e state and to develop effluent ties of the bureau and the Office of limitations for point sources to Rules and Special Projects (ORASP), insure maintenance of state water which coordinates air rule develop- quality standards, to coordinate a ment work, maintains the State state toxics control program, and to I mplementation Plan (SIP), and provide guidelines and other infor- provides coordination and technical mation needed for the use of chemi- assistance to Metropolitan Planning cal dispersants during oil spills. Organizations (MPO's) that have 2. Biology Section. This sec- the responsibility for developing tion provides specialized biological the transportation portions of the monitoring and analyses, and techni- statePs ozone or carbon monoxide cal assistance to the Department nonattainment area SIP's. staff on matters relating to bio- 2. Central Air Permitting logical water quality parameters. (CAPS) composed of the Modeling 3. Chemistry Section. Th is Section and the New Source Review section provides special analytical (NSR) Section. The CAPS group services and technical expertise processes construction permit ap- relating to the detection, !den- plications for major air sources, tification and quantification of in- provides technical assistance to organic and organic toxic pollutants district and -local air 'programs, in surface and groundwaters, solid provides computer modeling, and wastes and hazardous wastes. coordinates Best Available Control 4. Water Quality Analysis Sec- Technology (BACT) and Lowest tion. This section is responsible Achievable Emission Rate (LAER) for assuring that state surface determinations, and the National water quality is not degraded below Emissions Standards for Hazardous state standards as a result of dis- Air Pollutants (NESHAPS) program. charges from point.sources. Water 3. Air Monitoring and Analysis quality based effluent limitations (AMA) group, composed of the Moni- (WQBEL) are 'developed using site- toring Section and the Quality specif ic historical and intensive Assurance Section, which manages the survey data and state-of-the-art statewide ambient air monitoring water quality prediction tools such program, provides technical assis- as numerical models and statistical tahce to district and local program analysis. These WQBEL or wasteload air monitoring personnel, and con- allocations may be required for ducts special stack tests on behalf permitting purposes by both state of the Department. and federal law (Section 403.088, 17-101.050(3)(e).-- 17-101.050(3)(f)4. 6-1-84 486 DER1984 DESCRIPTION-OF ORGANIZATION 17-101 Florida Statutes, and Sections dinating the review, evaluation and 301(b), 302(a), 303(d) and 401 of public notice proceedings with Public Law 92-500 respectively). various sections of the Department, 5. Water Quality Monitoring and federal, local or state agencies, Quality Assurance Section. This sec- and the general public; review of tion is responsible for implementing, and response to Notices of Applica- the Quality Assurance Program of tion for subdividing land issued by the Department to ensure that the the Division of Florida Land Sales water quality data collected by the and Condominiums; and review or Department or submitted for its use response to agencies requesting com- are reliable, scientifically sound ments from the Department on plans, and of known precision and accuracy. rules, ordinances, impact statements In addition to this function, this and various other items. section is also responsible for the 2. Bureau of Permitting. This design and coordination of Florida's bureau is responsible for the review surface water quality monitoring of standard (major) dredge and fill program, as wel I as collection, applications for permit, applica- handling and processing of all sur-@- tions for power plant siting, indus- face water quality data collected by trial siting, and transmission line the Department and other agencies in siting certifications, National Pol- the state. Also, this section is lutant Discharge Elimination System responsible for preparing an annual (NPDES) applications for certifica- bibliography of all water resource tion, applications for certification investigations in the state. as a wastewater/ water treatment (4) Division of Environmental plant operator, and applications for Permitting. The Division of Permit- licensure as a well drilling con- ting is headed by the Director of tractor. The bureau maintains an Environmental Permitting and two extensive library of dredge and fill Deputy Directors. This division materials relating to past agency is composed of the Bureau of Permit- actions, including the actions ting, the Bureau of Operations, the taken by predecessor agencies. Offices of the Deputy Directors, and The bureau is subdivided into the the District Offices, as shown on NPDES Section, the Standard Permit- Figure 1. ting Section, the Certification and (a) Office of the Deputy Di- Technical Support Section, the Pro- rector for Permitting and Program cessi.ng Control and Reports Section, Coordination. This portion of the Power Plant Siting Section, and the division includes the Deputy the Engineering Support Section. Director for Permitting and Program (b) Office of the Deputy Direc- Coordination, his staff and the tor for Operations. This portion of Bureau of Permitting. the Division includes the Deputy . 1. In addition to administra- Director for Operations, the Bureau tive functions and coordination with of Operations and the District district offices, the staff of the Offices. deputy is responsible for processing 1. The Bureau of Operations is petitions for relief from Department responsible for administering, coor- requirements, in accordance Wi4th dinating, or planning for emergency Chapter 403, F.S., and FloA-da response operations in the clean up Administrative Code Title 17; coor" of pollutant spills; for operations 6-1-94 17-101.050(3)(f)4. 17-101.050(4)(b)l. A Q ? DER1984 DESCRIPTION OF ORGANIZATION 17-101 in the dean up of hazardous subs- the processing of administrative or tances including identification of judicial remedies. Information is sites qualifying for Superfund; and provided to the public as necessary for technical support on specific concerning the Department standards hazardous waste sites that are being and requirements. cleaned up. The bureau is subdivided Specific Authority: 120.530)(a), into the Technical Support Section, F.S. Law Implemented: 120.53(l)(a), the Superfund Section, the State F.S. History: New 2-6-78, Amended Fund Section, and the Emergency 4-28-81, Transferred from 17-1.05 Response Section. and Amended 6-1-84. 2. District Offices. These of- fices are responsible for all per- 17-101.060 Designation of mitting activities except for those Agency Clerk; Duties. described in W2. above and In (1) The Department designates Rule 17-101.050(3)(e), FAC, and all as Agency Clerk the position of enforcement activities except for Secretary to. the General Counsel those specifically described in Rule in the Office of General Counsel, 17-101.0500)(a),FAC, including: at the address described in Rule a. Permitting-the evaluation of 17-101.020(1), FAC, telephonenumber applications and issuance or denial (904) 488-9730. The Agency Clerk of permits - for the construction, shall be responsible for filing and modification or temporary operation recording the date of filing of or- of wastewater treatment facilities, ders pursuant to Section 120.52(9), other water pollution sources, pub Florida Statutes, entered by the lic drinking water systems, short- agency head, and orders entered pur- form (as set forth in Rules 17-4.28 suant to administrative appeal. The and 17-4.29, FAC) dredge and fill Agency Clerk shall be responsible projects, and air pollution sources, for the receipt and certification except for those issued or denied by of all notices of appeal pursuant the Bureau of Air Quality Manage- to the Florida Rules of Appellate ment. Staff is available to advise Procedure. the public on permit requirements, (2) The Department designates criteria, and jurisdiction of the as Deputy Agency Clerks each Dis- Department; trict Manager, at the address and b. Technical Assistance-the telephone numbers described in Rule systematic ambient and pollution 17-101.020(3), FAC. The responsi- source sampling of air and water bility of a Deputy Agency Clerk is throughout the state, evaluation and limited to the filing and recording analysis of data in support of De- the date of filing of final orders partment activities; and entered by the District Manager. 3. c. Enforcement-inspection of This responsibility may be delegated facilities to determine compliance to a person within the District with conditions of permits, investi- Off ice. gation of complaints pertaining to Specific Authority: 120.53(l), possible pollution sources, location F.S. Law Implemented: 120.52(9), and identification of pollution 120.53(l), F.S. History: New sources which may be in violation 4-28-81, Amended 12-19-82, of Department rules, issuance of Transferred from 17-1.682 and warning letters and participation in Amended 6-1-84. 6-1-94 17-101.050(4)(b)l. 17-101.060 (History) 4 8 8 DER1984 RULES OF ADMINISTRATIVE PROCEDURE RULEMAKING 17-102 CHAPTER 17-102 RULES OF ADMINISTRATIVE PROCEDURE RULEMAKING PART 1 17-102.320 Smoking Prohibited. RULEMAKING 17-102.330 Emergency Meeting and 17-102.010 General. Workshop. 17-102.020 Legal Objections. 17-102.030 Environmental Regulation PART I Commission; Quorum. RULEMAKING 17-102.040 Notice. 17-102.050 Public Participation. 117-1102.0110 General. Proceedings 17-102.060 Smoking Prohibited. held by the Environmental Regulation 17-102.070 Recording of Rulemaking Commission or the Secretary for the Proceedings. adoption, amendment or repeal of Department rules shall be conducted PART 11 according to the provisions of this FINAL ACTION ON STANDARDS rule Part, Section 120.54, Florida STRICTER THAN FEDERAL Statutes, and Chapter 28-3, FAC. STANDARDS UNDER SECTION Specific Authority: 12033(l)(b), 403.804(2), FLORIDA STATUTES 403.061(7), F.S. Law Implemented: 17-102.100 General. 120.53(l)(b), F.S. History: Revised 17-102.110 Hearing; Nature; Record. 10-20-73, Amended 2-6-78, Formerly 17-102.120 Notice of Hearing; Public 17-1.01, Transferred from 17-1.06 Meetings. and Amended 6-1-84. 17-102.130 Participation in Proceed- ings; Notice. 17-102.020 Legal Objections. All 17-102.140 Briefs and Oral Argument. objections to the notice of a sched- 17-102.150 Filing. uled hearing shall be filed with the 17-102.160 Motions. Secretary at least ten (10) days 17-102.170 Computation of Time. after the defect became, or should 17-102.180 Copies. have become, apparent. All other 17-102.190 Membership of Florida legal issues should be brought to Cabinet; Presiding Of- the Secretary's attention and an ficer; Quorum;. Agendas; attempt made to resolve them prior Distribution of Agendas; to the hearing. Recording of Proceedings; Specific Authori 'ty: 120.53(l)(b), Agency Action; Voting; 403.061(7), F.S. Law Implemented: Amendment to Rules; 120.53(l)(b), F.S. History: Revised Parliamentary Matters; 10-20-73, Amended 2-6-78, Formerly Minutes; Order of 17-1.05, Transferred from 17-1.10, Procedure. 6-1-84. PART 111 17-102.030 Environmental Regu- AGENDA AND SCHEDULING latilon Commission; Quorum. A quo- OF MEETINGS AND WORKSHOPS rum of the commission shall consist 17-102.300 Notice of Meetings. of a majority of the members of the 17-102.310 Agenda of Meetings and Commission. A majority vote of those Workshops. present shall be required to adopt, 17-102.010 -- 17-102.030 4 8 9 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 repeal or amend a proposed rule, or would unduly delay consideration of take other official action. a proposed rule, Specific Authority:. 120.53(1), (b) a copy of the notice re- 403.061(7), F.S. Law Implemented: ferred to in subsection (1) above, 120.53(l), F.S. History: Revised a copy of the proposed rule, a copy 10-20-73, Amended 2-6-78, Formerly of the economic impact statement 17-1.06, Transferred from 17-1.11, required by Section 120.54(2), 6-1-84. Florida Statutes, and a list of all persons whose names are listed in 17-102.040 Notice. accordance with this paragraph shall (1) Notice of the Commission's also be mailed at least forty (40) or Secretary's intent to adopt, days prior to the intended action to amend, or repeal a proposed rule all persons who have caused their shall be given in accordance with names and addresses to be listed Section 120.54, Florida Statutes, with the Department for the specific and Chapter 28-3, FAC, and appli- purpose of receiving copies of the cable federal regulations, and a proposed rule and complying with copy of the notice shall be mailedi the procedural requirements of to each Commissioner on the same this subsection. day the notice is forwarded to the. Specific Auth ority: 120.53(l), F.S. Florida Administrative Weekly. When Law Implemented: 120.53(l), F.S. a proposed rule is directed toward, History: New 2-6-78, Amended 6-3-32, a particular class of persons, the Transferred from 17-1.15 and Amended notice published in the Florida, 6-1-84. Administrative Weekly is the pre- scribed notice unless a specific 17-102.050 Public Participation. Department rule requires additional (1) All affected persons and notice. the public shall be given an oppor- (2) When the Secretary deter- tun.ity to be heard; however, the mines that a proposed rule which has Environmental Regulation Commission been agenclaed for public hearing or Secretary of the Department may before the Commission is complex or set fair and reasonable limitations controversial, or is likely to on presentations by parties, inter- engender proposed amendments to the venors, or the public to insure an rule as noticed, the following pro- orderly and fair hearing. All cedure shall be followed, provided witnesses shall be sworn. however, that failure to comply (2) After publication of notice with these procedures shall not be of intended rulemaking in accordance a basis for invalidating a rule with Section 120.54, F.S., any adopted in accordance with Chapter proposed amendments to the rule as 120, F.S.: noticed or other comments or ob- (a) the notice and mailings jections should be submitted to the referred to in subsection (1) above Commission, the Department, and should be given and mailed at least those persons whose names have been forty (40) days prior to the intend@ listed in accordance with Rule" ed action, unless the Secretary 17-102.040(3)(b), FAC, in writing no determines that this requirement later than fifteen (15) days before 17-102.030 17-102.050(2) 6-1-84 490 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 the hearing, to al low sufficient smoke. If a local law or ordinance time to evaluate the proposed amend- prescribes a more stringent smoking ments and facilitate greater public policy it shall be complied with participation. Nothing herein shall where applicable. be considered to abridge the right Specific Authority: 120.53(l), F.S. of any affected person to partici- Law Implemented: 120.53(l), F.S. pate at a hearing conducted by the History: New 2-6-78, Amended Commission or Secretary. 4-28-81, Transferred from 17-1.17 Proposed amendments submitted and Amended 6-1-84. in accordance with this section shall: 17-102.070 Recording of Rulle- (a) Be submitted on paper with making Proceedings. Rulemaking numbered lines and clearly identify proceedings before the Commission the portion of the rule which is shall be recorded. The Department proposed to be amended; shall make appropriate arrangements (b) Indicate deletions from the to ensure that the Commission rule- rule as noticed by double struck making proceedings are recorded and through type (e.g., steae'. .,--00 preserved. A written transcript of and additions by double underlining the rulemaking proceeding shall be (e.g. underWni ; and prepared, if requested, at the cost 0 Include an explanation of of the requesting party. Rulemaking the reasons for the proposed amend- proceedings before the Secretary ment and objections to the language shall be mechanically recorded and of the rule as noticed. preserved. The operator of the Specific Authority: 120.53(l), F.S. recording equipment shall certify, Law Implemented: 120.53(l), F.S. under oath, that the recording is History: New 2-6-78, Amended 6-3-82, a Arue and accurate record of the Transferred from 17-1.16 and Amended proceeding. A written transcript 6-1-84. of the recording shall be prepared, if requested, at the cost of the 17-102.060 Smoking Prohibited. requesting person. Smoking, igniting, or burning of Specific Authority: 120.53(l)(a), tobacco or any other substances F.S. Law Implemented: 120.53(l)(a), shall be prohibited at any public F.S. History: New 2-6-78, Trans- workshop, hearing, or meeting con- ferred from 17-1.18 and Amended ducted by the Department or Commis- 6-1-84. sion for the purpose of considering a proposed rule. Smoking in Depart- PART 11 ment buildings is governed by Chap- FINAL ACTION ON STANDARDS ter 17-105, FAC. Smoking in other STRICTER THAN FEDERAL state buildings is governed by the STANDARDS UNDER SECTION rules of the agency responsible for 403e804(2), FLORIDA STATUTES the building. At reasonable inter- vals, persons who desire to smoke 17-102.100 General. The pro- shall be provided an opportunity to cedural rules found in this part do so in a location which will not govern final action by the Governor affect persons who choose not to and Cabinet on Department standards 17-102.050(2) 17-102.100 6-1-84 4 9 1 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 adopted by the Environmental Regu"- be published in the Florida Admin- lation Commission which are stricter istrative Weekly, and mailed to all or more stringent than those whi4@h persons on the official Department have been set by Federal agencies mailing list no later than sixty- pursuant to Federal law or regu'- five (65) days prior to the sched- lation. uled hearing, which notice shall Specific Authority: 20.05(5), contain at least: 120.53; F.S. Law Implemented: (a) description of the Depart- 403.804(2), F.S. History: New ment standard which will come before 3-2-77, Formerly 17-1.90, Trans- the Governor and Cabinet for final ferred from 17-1.105, 6-1-84. action. (b) date, time and location of 17-102.110 Hearing; Nature; the hearing before the Governor and Record. Cabinet. (1) Upon adoption of the pro@- (c) notice as to the applica- posed standard by the Environmentdl bil ity and availability of these Regulation Commission, the Governor rules of procedure. and Cabinet shall consider such (2) Public meetings of the Department standard at a hearing Governor and Cabinet for the purpose which shall be appellate in natur'6. of this Part shall generally be held No evidence shall be offered or with regular Governor and Cabinet admitted which was not in the recor-d meetings. A meeting shall not be before the Environmental Regulatior! held on holidays, election days or Commission at its consideration 'of when the number present fails to the proposed standard. constitute a quorum except tha special meetings may be held at 10" (2) The record shall consist of any the following: place or time at the call of the (a) A copy of the standard sub- Governor or a majority of the mem- mitted for final action. bers of the Cabinet. (b) All exhibits and documen'- Specific Authority: 20.05(5), tary evidence presented to the 120.53, F.S. Law Implemented: Environmental Regulation Commission 403.804(2), F.S. History: New at hearings held on the standard. , 3-2-77, Formerly 17-1.92, Trans- (c) The official transcripti6n ferred from 17-1.107 and Amended of the hearing(s). 6-1-84. (d) All pleadings and motions submitted in the proceedings before*, 17-102.130 Participation in the Commission. Proceedings; Notice. Specific Authority: 20.05(5), (1) Persons who wish to partic- 120.53, F.S. Law Implemented: ipate in the appellate proceedings 403.804(2), F.S. History: New before the Governor and Cabinet 3-2-77, Formerly 17-1.91, Trans- may do so by submitting briefs in ferred from 17-1.106, 6-1-84. support of or in opposition to a proposed standard and/or offering 17-102.120 Notice of Hearing; oral argument. Public Meetings. (2) Such persons shall file (1) Notice of the hearing be- Notice of Participation no I ater fore the Governor and Cabinet sh,,afl than fifty (50) days before the 6-1-84 17-102.100 17-102.130(2) 4 9 2 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RUILEMAKING 17-102 hearing, which notice shall include: indicating opposition or support is (a) name and address of person received ,requesting argument; Specific Authority: 20.05(5), . I (b) standard which the person 120.S3, F.S. Law Implemented: 'intends to address; . 403.804(2), F.S. History: New (c) a statement as to whether 3-2-77, Formerly 17-1.93, Trans- the person opposes or supports said ferred from 17-1.108 and Amended ,standard; 6-1-84. (d) a short summary of the basis for the opposition or support; 17-102.140 Briefs and Oral and Arguinent. (e) a statement indicating (1) No later than thirty-five whether the person intends to submit (3S) days prior to the hearing, briefs and/or participate in oral persons submitting briefs shall file argument. with the Department either a Brief (3) Persons not filing a notice in Support or a Brief in Opposition. pursuant to paragraph (2) above (2) No later than ten (10) days shall not be permitted to file prior to the hearing persons who t submitted briefs under paragraph (1) briefs or present oral argument. (4) Oral arguments and briefs above may file a Brief in Response presented to the Governor and Cabi- to any briefs filed by persons net shall be based solely on and presenting the opposing view. If a specifically reference the record Brief in Response is filed, persons as defined in Rule 17-102.110, FAC. filing such a brief shall serve a A copy of such record shall be copy on all persons whose briefs furnished to any interested person are being addressed by the Brief upon request to the Department at no in Response. more than the cost of reproduction. (3) Briefs shall: (5) Not later than forty (40) (a) be typed on letter size days prior to the hearing, the De- paper; partment shall mail to all persons (b) set forth separately each filing a notice pursuant to para- argument; graph (2) above, a memorandum list- (c) make reference to the ing all persons filing said notice, record by page number where appro- a statement as to their position priate; in support of or in opposition to (d) include a cover page with said standard, and their indication the title of the brief; address, as to paragraph (2)(e) above. The and telephone number of the person memorandum shall advise persons submitting the brief; and of the right to obtain a copy of (e) include an index page of any briefs submitted for cost of the arguments presented. reproduction upon request to the (4) Oral argument shall be Department. limited to points raised in the (6) Except for the oral pre- briefs or Notice of Participation. sentation by the Department of (5) Unless otherwise set by the Environmental Regulation, no briefs Governor and Cabinet, the limits for or oral arguments will be entertain- oral arguments shall be as follows: ed on a standard on which no notice Each person shall have a total of 17-102.130(2) 17-102.140(5) 6-1-84 493 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 twenty (20) minu tes to present holiday, in which event the period argument which includes time for shall run until the end of the next rebuttal. day which is neither a Saturday, Specific Authority: 20.05(5), Sunday, or legal holiday. 120.53, F.S. Law Implemented: Specific Authority: 20.05(5), 403.804(2), F.S. History: New 120.53, F.S. Law Implemented: 3-2-77, Formerly 17-1.94, Trans- 403.804(2), F.S. History: New ferred fro!n 17-1.109, 6-1-84. 3-2-77, Formerly 17-1.97, Trans- ferred from 17-1.112, 6-1-84. 17-102.150 Filing. (1) All notices, briefs or 17-102.180 Copies. All notices, other material authorized or re- briefs or other material filed quired to be filed under this rule pursuant to this rule shall be ac- shall be filed with the Secretary companied by fourteen (14) copies of the Department of Environmental thereof. Regulation, who shall provide Specific Authority: 20.05(5), copies to the Governor and Cabinet 120.53, F.S. Law Implemented: within forty-eight (48) hours of 403.804(2), F.S. History: New receipt. 3-2-77, Formerly 17-1.98, Trans- (2) Filing shall be compl ete ferred from 17-1.113, 6-1-84. upon receipt by the Department. Specific -Authority: 20.05(5), 17-102.190 Membership of 120.53, O.S. Law Implemented: Florida Cabinet; Presiding Officer 403.804(2), F.S. History: New Quorum; Agendas; Distribution of 3-2-77, Formerly 17-1.95, Trans- Agendas; Recording of Proceedings; ferred from 17-1.11.0, 6-1-84. Agency Action; Voting; Amendment to Rules; Parliamentary Matters; 17-J02.160 Motions. The Gover- Minutes; Order of Procedure. nor and Cabinet or, where appro- (1) The provisions of Sections priate, the Secretary, may entertain 16-4.02, 16-4.04, 16-4.05, 16-4.06, motions to effectuate the purposes 16-4.07, 16-4.08, 16-4.12, 16-4.13, and requirements of this part. 16-4.14, 16-4.15, FAC, are incor- Specific Authority: 20.05(5), porated herein with the following 120.53, F.S. Law Implemented: exceptions: 403.804(2), F.S. History: New (a) Where the phrase "Depart- 3-2-77, Formerly 17-1.96, Trans- ment of Natural Resources" appears, ferred from 17-1.111, 6-1-84. the phrase "Governor and Cabinet" is substituted; 17-102.170 Computation of Time. (b) Where the phrase "Executive Jn computing any period of time Director" appears, the phrase "Sec- prescribed or allowed by this part, retary of the Department of Environ- the day of the act, or event from mental Regulation" is substituted; which the designated period of time (c) The last two (2) sentences begins to run shall not be included. in Section 16-4.06, FAC, are not The last day of the period so com- germane to the subject matter of puted shall be included unless it this rule, and therefore, are ex- is a Saturday, Sunday, or legal cluded from incorporation herein. 6-1-84 17-102.140(5) 17-102.190(l)(c) 494 DER 1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 (2) The Secretary of the De- Services partment of Environmental Regulation Governor and Cabinet shall keep the official minutes of (I) Department of Natural Re- the Governor and Cabinet relevant sources to this part, transcribe them into Governor and Cabinet writing, and have them approved at a (j) Board of Trustees of the subsequent meeting of the Governor Internal Improvement Trust Fund and. Cabinet. The minutes, when Governor and Cabinet approved, of each meeting; shall W Governor and Cabinet acting be part of the official record of under section 403.804(2), Florida the meeting. The minutes, before Statutes being submitted for approval, shall Specific Authority: 20.05(5), be checked against the electronic 120.53, F.S. Law Implemented: recordings of each meeting to ascer- 120.53, 403.804(2), F.S. History: tain their accuracy. New 3-2-77, Formerly 17-1.99, (3) The order of procedure for Transferred from 17-1.114 and the regular meetings shall be as Amended 6-1-84. follows: Invocation and Pledge of Alle- PART III giance - AGENDA AND SCHEDULING Introduction of Guests OF MEETINGS AND WORKSHOPS Presentation of Resolutions and Awards 17-102.300 Notice of Meetings. Meetings of the commissions, (1) Except in the case of departments or boards in the follow- emergencies, the Department shall ing order: give at least seven (7) days public (a) Board of Administration no tice of any public meeting or Governor workshop affecting the general Comptroller public interest (and not relating Treasurer exclusively to organization, proce- (b) Administration Commission dure or practice, or not concerned Governor and Cabinet with internal administrative or min- (c) Land and Water Adjudicatory isterial matters not affecting the Commission public generally) by publication in Governor and Cabinet the Florida Administrative Weekly. (d) Department of Criminal Law (2) Such notice of such meeting Enforcement or workshop shall state: Governor and Cabinet (a) The date, time and place of (e) Department of Highway Safe- the event. ty and Motor Vehicles (b) A brief description of the Governor and Cabinet purpose of the event. (f) Department of Revenue (c) The address where interest- Governor and Cabinet ed persons can write to obtain a (g) Department of Education copy of the agenda. Governor and Cabinet (3) The Department shall follow (h) Department of General substantially the following form in 17-102.-190(2) 17-102.300(3) 6-1-84 4 95 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 providing notice of the meeting or the items to be considered and shall workshop. summarize those matters involving the exercise of Departmental dis-7 cretion and policy-making. Addi- tions to agenda items such as "old NOTICE OF PUBLIC MEETING business", "new business", "other OR WORKSHOP business", or similar terms may be used for consideration of solely The Department of Environmental ministerial or internal-administra- Regulation announces a public meet- tive matters which do not affect the ing or workshop to which all persons interests of the public generally. are invited. (b) The Department may utilize DATE AND TIME: substantially the following form in PLACE: preparing its agenda for a public PURPOSE: meeting: A copy of the agenda may be obtained by writing to the Department of Environmental Regulation, _, (of fice) . (room) Twin Towers "DEPARTMENT OF Office Building, 2600 Blair Stone ENVIRONMENTAL REGULATION" Road, Tallahassee, Florida 32301. TIME, DATE AND PLACE OF THE MEETING THIS MEETING IS OPEN TO THE PUBLIC Specific Authority: 120.S3(l), F.S. Law Implemented: 120.53(l)(d), F.S. 1) Call to Order H istory: New 2-6-78, Transferred 2) Review of Minutes from 1.7-1.115, 6-1-84. 3) Old Business: Listing of all matters involv- 17-102.310 Agenda of Meetings ing Departmental discretion or and Workshops. policy-making with brief summary of (1) The agenda shall be pre- each. pared by the Department in time to 4) New Business: insure that a copy may be received Listing of all matters involv- at least seven (7) days before the ing Departmental discretion or event by any person in the state who policy-making with brief summary of ha's requested a copy and pays the each. reasonable cost per copy. 5) Other Business: (2) The agenda shall list the Listing of all matters involv- items in the order they are to be ing Departmental discretion or considered. For good cause stated policy-making with brief summary of in the record, items on the agenda each. may be considered out of their stated order with the approval of the Department or the person designated to preside. (c) The following agenda may be (3)(a) The agenda shall list used for a public workshop: 17-102.300(*3) -- 17-102.310(3)(c) 6-1-84 496 DER1984 RULES OF ADMINISTRATIVE PROCEDURE - RULEMAKING 17-102 17-102.320 Smoking Prohibited. Smoking, Igniting, or burning of "DEPARTMENT OF tobacco or any other substance shall ENVIRONMENTAL REGULATION" be prohibited at any public work- T-IME, DATE AND PLACE shop, hearing, or meeting conducted OF THE WORKSHOP by the Department or Commission for SUBJECT the purpose of considering a pro- THIS WORKSHOP IS OPEN posed rule. Smoking in Department TO THE PUBLIC buildings Is governed by Chapter 17-105, FAC. Smoking In other state 1) Call to Order buildings is governed by the rules 2) Explanation of Subject Mat- of the agency responsible for the ter by Department Staff building. At reasonable intervals, 3) Presentation by Affected persons who desire to smoke shall Parties or Members of the Public be provided an opportunity to do 4) Discussion, if Appropriate so in a location which will not 5) Adjournment affect persons who choose not to smoke. If a local law or ordinance prescribes a more stringent smoking policy It shall be complied with (4) Additions or changes may be where applicable. made to the agenda after it has been Specific Authority: 120.53(l), made available for distribution by 255.27, F.S. Law Implemented: the Department only for "good cause" 120.53(l), F.S. History: New as determined by the person desig- 2-6-78, Amended 4-28-81, nated to preside and stated In the Transferred from 17-1.117 and record. This shall include, but Amended 6-1-84. not be limited to, consent of all parties substantially affected by 17-102*330 Emergency Meeting the item to be added to the agenda; and Workshop. provided, however, that the Depart- (1) The Department may without ment may consider an item on an prior notice or agenda hold an emer- emergency basis. No specific addi- gency meeting or workshop, for the tion may be made, however, unless purpose of acting upon Internal- the general subject matter of the administrative and ministerial addition was included in the meet- matters, and matters of immediate ing 'notice previously published by danger to the public health, safety, the Department or an emergency item and welfare. exists. 1 (2) Whenever an emergency meet- (5) The Department shall pro- ing is scheduled to be held, the vide that such meeting or workshop Department may notify at least one shall be open to the public unless major newspaper of general circula- this is not required because of the tion In the area where the meeting nature of the meeting or workshop or will take place and also all major provisions of applicable law. wire services of the time, date, Specific Authority: 120.530), place and purpose of the meeting. F.S. Law Implemented:' 120.530)(d), Specific Authority: 120.53(l), F.S. F.S. History: New 2-6-78, Trans- Law Implemented: 120.53, F.S. ferred from 17-1.116 and Amended History: New 2-6-78, Transferred 6-1-84. from 17-1.118, 6-1-84. 17-102.310(3)(c) 17-102.330(History) 497 DER190S RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 CHAPTER 17-103 RULES OF ADMINISTRATIVE PROCEDURE - FINAL AGENCY ACTION (NON-RULEMAKING) AND APPEAL PART 1 17-103.170 Designation, Preparation DECISIONS (ADJUDICATORY) and Transmittal of Record DETERMINING SUBSTANTIAL for Administrative Appeals. INTERESTS OF AFFECTED PERSONS 17-103.180 Videotaped Depositions. 17-103.010 General. 17-103.190 Suspension and Revocation 17-103.020 Who May Appear: Criteria of Department Permits, for Authorized Represen- Certifications or Certifi- tation. cates. 17-103.030 Staff Personnel. 17-103.200 Agency Action on Recom- 17-103.040 Form. mended Orders. 17-103.050 Filing and Service. 17-103.201 Final Orders. 17-103.060 Signature, Verification 17-103.202 Certificate of Mailing or -and Certificate of Hand Delivery; Permitting. Service. 17-103.205 Official Record of Hearing. 17-103.070 Extension of Time for 17-103.210 Designation of Official Filing. Reporter; Subject Matter 17-103.080 Computation of Time. Index. 17-103.090 Informal Conference. 17-103.100 Petitions or Applications for Variances. PART 11 17-103.110 Administrative Enforce- APPEALS TO THE GOVERNOR ment Actions. AND CABINET ON COASTAL 17-103.120 Department Approval of CONSISTENCY Testing and Research 17-103.300 General. Programs for Air Pol- 17-103.310 Final Agency Action. lution Sources. 17-103.320 Parties to Appeals; Amicus 17-103.130 Burden of Proof; Order Curiae; Intervenors. of Presentation. .17-103.330 Initiation of Appeal; Re- 17-103.140 Relationship with Other quest for Record; Contents Rules. of Notice; Compliance and 17-103.150 Public Notice of Applica- Enforcement; Public Notice. tion and Proposed Agency 17-103.340 Initiation of Cross- Action. Appeals. 17-103.155 Petition for Administra- 17-103.350 B riefs. tive Hearing; Waiver of 17-103.360 Oral Argument. Right to Administrative 17-103.370 Proposed Orders. Proceeding. 17-103.380 Record. 17-103.160 Uniformity in Approval 17-103.390 Scope of Review. and Denial of Applica- 17-103.400 Decisions. tions for Department Per- 17-103.410 Ex Parte Communications. - mits and Certifications. 17-103.420 Settlement. 2-20-65 4 9@ 8 DER193S RULES OF ADMINISTRATME PROCEDURE - NON-RULEMAKING 17-1.03 17-103.430 Certificates of Service. by an attorney or other qualified 17-103.440 Copies. representative or may appear on his 17-103.450 Motions. own behalf. 17-103.460 Orders. (2) If a party is not repre- 17-103.470 Meetings; Notice; Pre- sented by an attorney, or does not siding Officer; Quorum appear on his own behalf, the pre- Agendas; Distribution siding officer, as early as possible of Agendas; Recording in the proceedings, hut prior to the of Proceedings; Minutes; final hearing, shall make diligent Order of Procedure; , Inquiry of the representative under Agency Action; Voting; oath, to assure that the representa- Amendment to Rules; tive is qualified to appear in the Parliamentary Matters. agency proceeding and capable of preserving the rights of the party. PART III This inquiry shall include consid- DECLARATORY STATEMENT eration of the nature of the legal 17-103.500 Purpose and Use of skills, knowledge and experience of Declaratory Statement. the representative, including the 17-103.510 Petition. representative's ability to apply 17-103.520 -Department Disposition. concepts relating to the rules of evidence and hearsay, the ability of the representative to apply and PART I interpret Chapter 120, Florida DECISIONS (ADJUDICATORY) Statutes, including Section 120.57, DETERMINING SUBSTANTIAL Florida Statutes, and Titles 17 and INTERESTS OF AFFECTED PERSONS 28, FAC, the representative's abil- ity to identify the issues in the 17-103*010 General. Proceedings proceeding, the representative's determining the substantial inter- knowledge of and experience with ests of a person, except rulemaking the statutes and rules at issue in proceedings, under statutes which the proceeding, the -nature and the Department is required to imple- complexity of the factual and legal ment, shall be pursuant to Section issues present in the proceeding, 120.57, Florida Statutes, Chapb@ 'r. and the representatives experience 17-103 and Chapter 28-5, FAC, as: In dealing with these issues, the amended, except for proceedings for representative's interest in the which another specific rule has been proceeding, whether the party is promulgated. aware of the. nature and extent of Specific Authority: 120.53(l), F.S. the representation which the rep- Law Implemented: 120.53(l), F.S. resentative can provide, whether History: Revised 10-20-73, Amended the party is aware of the right 2-6-78, Formerly 17-t-10, Trans- to be represented by an attorney, ferred from 17-1.19 and Amended and any other matter deemed relevant 6-1-84. by the presiding officer. The presiding officer shall authorize 17-103.020 Who May Appear: the representative to appear in the Criteria for Authorized Represen- proceeding if the presiding officer tation. Is reasonably assured that the rep- (1) A party may be represen..ted@ resentative is capable of providing 17-103.01%, 17-103.020(2) 2-20-SS 499 DER198S RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 competent, responsible and ethical Amended 4-28-81, Transferred from representation of the party's sub- 17-1.21 and Amended 6-1-84. stantial interests in a manner which will not Impair the fairness of the 17-103.030 Staff Personnel. proceeding or the correctness of the Staff personnel of the Department action to he taken. The presiding should appear solely on behalf of officer may reconsider, for specific the general public interest. Their cause relative to the criteria duty is to reasonably insure that established by this subsection, a all facts touching upon the general ruling on this issue at any time public I .nterest are clearly brought during the proceedings. before the Department. Where staff (3) All attorneys and qualified personnel appear as witnesses they representatives appearing in pro- shall be sworn and subject to ceedings shall conform to the stan- examination. dards of ethical conduct required Specific Authority: 120.53(l), F.S. of attorneys before the courts of Law Implemented: 120.53(l), F.S. the state of Florida as specified History: Revised 10-20-73, Formerly in the Florida Code of Professional 17-1.14, Transferred from 17-1.23, Responsibility, and presiding offi- 6-1-84. cers shall r6quire such compliance. Failure to comply shall authorize 17-103,040 Form* All pleadings presiding officers to disqualify in adjudicatory proceedings shall be any attorneys or qualified repre- printed, typewritten, or otherwise sentatives appearing before them in duplicated In legible form on white a proceeding. paper. Unless printed, the impres- (4) An attorney or other qual- sion shall be on one side of the ified representative (approved by paper only, and the lines shall be the presiding officer) for any party double spaced, except quotations of to a proceeding who has filed an two or more lines, which shall be initial pleading or notice of ap- single spaced and indented. Standard pearance for that party shall remain legal size paper or standard letter the attorney or representative of size paper may be used; however, record and shall receive pleadings a left margin of not less than one until a motion to withdraw has been and one-half inches, and a top served on the represented party and margin of at least two inches must approved by the presiding officer, he provided. or until disqualified by the presid- Specific Authority: 120.53(l), F.S. ing officer. Law Implemented: 120.53(l), F.S. (5) Notice of appearance by an@ History: Revised 10-20-73, Formerly successor or associated attorney or 17-1.15, Transferred from 17-1.24, other qualified representative shall 6-1-84. be filed prior to the filing of any pleading with, or appearance before, 17-103.050 Filing and Service. the agency or presiding officer. (1) Filing of the Initial Specific Authority: 120.S3(l), pleading required to be filed by the 120.62(2). F.S. Law Implemented: Department, such as a petition for 120.%A(IJ, 120.62(2), F.S. tftstory: hearing. petition for declaratory rovised 10-20-73, Formerly 17-1.12, statement, petition for rule or 17-103.020(2) 17-103.050(l) 2-20-85 Soo DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 other pleading or document whigh Secretary. All pleadings shall initiates a proceeding, or of.. a include a Certificate of Service as notice of appeal, or a request for provided in the Florida Rules of extension of time, shall be deemed Civil Procedures, except initial complete upon receipt, during rego-, pleadings. lar business hours, by the Office;of Specific Authority: 120.53(l), F.S. General Counsel of the Department in. Law Implemented: 120.53(l), F.S. Tallahassee, Florida. History: Revised 10-20-73, Amended (2) Service of a subsequent' 2-6-78, Formerly 17-1.17, Trans- pleading, motion, or other document' ferred from 17-1.26, 6-1-84. shall be deemed complete upon being properly addressed, stamped and 17-103.070 Extension of Time deposited in the United States Mail. for Filing. The hearing officer, or (3) If a hearing officer hps- Secretary of the Department, if no been assigned to conduct the pro- hearing officer is presiding, may, ceedings, pursuant to Section for good cause shown, grant an 120.S7, Florida Statutes, the origi- extension of time for the filing of nal and one copy of each subsequent any pleading required or permitted pleading, motion, or other document by Department rule. Requests for shall be -filed with the hearing such extensions must be served on officer, and a copy served on the all parties and fi led with the designated Department attorney and Department. Such requests for all parties of record. However*f extensions of time shall contain a. after the Hearing Officer has sub- certificate that the moving party mitted a Recommended Order to the has consulted with the opposing Department all subsequent pleading's party, or his counsel, concerning and documents shall be filed with the extension, and whether or not the Departmerift clerk in the Office the opposing party, or his attorney, of General Counsel. objects to such an extension, and Specific Authority: 120.53, F.S. will promptly file objection. Writ- Law Implemented: 120.53, F.S. ten objections may be filed within History: Revised 10.-20-73, Amended five (5) days of service of the 2-6-78, Formerly 17-1.16, Amended request for extension. A timely 4-28-81, Transferred from 17-1.25 request for extension of time shall and Amended 6-1-84. toll the running of the applicable time period until the request is. 17-103.060 Signature, Verift- acted upon. cation and Certificate of Service. Specific Authority: 120.53(l), F.S. Pleadings shall be signed by one of Law Implemented: 120.53(l), F.S. the parties, or an official thereof History: Revised 10-23-77, Amended if the party is a corporation or 2-6-78, Formerly. 17-1.20, Amended association, or by the party's 4-28-81, Transferred from 17-1.29 attorney. Initial pleadings filed and Amended 6-1-84. pursuant to Section 403.412, Florida Statutes, shall be verified. Plead- 17-103.080 Computation of Time. ings filed by the Department will be Except for the filing of notices of signed by the Secretary, Department appeal, the time within which any Counsel, or other designee of the pleading, motion, notice, brief or 17-103.050'(1) 17-103.080 2-20-85 so I DER1985 RULES OF ADMINISTRATIVE PROCEDURE NON-RULEMAKING 17-103 exceptions may be served or filed, or Chapter 403, Florida Statutes. or the time within which any act Failure to f1le responsive pleading is required to he performed, as or demand for hearing within that provided by any rule or order of time period shall be deemed a waiver the Department, shall be computed thereof. in accordance with the Florida Specific Authority: 120.53(l), F.S. Rules of Civil Procedure. Law Implemented: 120.53(l), F.S. Specific Authority: 120.53, F.S. History: Revised 10-20-73, Amended Law Implemented: 120.53, F.S. 2-6-78, Formerly 17-1.44, Trans- History: Revised 10-20-73, Amended ferred from 17-1.53 and Amended 2-6-78, 4-28-81, Formerly 17-1.16, 6-1-84. Transferred from 17-1.32 and Amended 6-1-84. 17-103.100 Petitions or Appli- cations for Variances. 17-103.090 Informal Conference. (1) A petition or application (1) If the Department deems for a variance, pursuant to Section it advisable in reaching a prompt 403.201, Florida Statutes, of the resolution of a controversy or Florida Air and Water Pollution dispute with a party or parties, it Control Act, shall be In accordance may arrange an Informal conference with these rules. The petitioner or between the party or parties and the applicant shall address the factors Department. Unless otherwise speci- listed In paragraphs (a) through fied, an informal conference shall (9) In the request. The Department be requested within ten (10) days shall review the petition within a of service of the initial pleading. reasonable period of time to deter- An attempt shall be made to resolve mine if the petition Is complete. the controversy or dispute In an If the Department determines the amicable manner. . petition to be Incomplete, the (2) A respondent!s rights will petitioner shall be afforded an not be adjudicated at such a con- opportunity to supply additional ference, and the right to request a Information before the Department public hearing on the alleged viola- evaluates the merits of the request. tions or the orders for corrective (a) The statute or rule from action subsequently issued will which a variance Is sought. not be affected by requesting and (b) The facts which show that a participating In an Informal confer- variance should be granted because ence. The Department staff members of one of the reasons set forth in participating In such informal con '- Section 403.201, Florida Statutes. ference shall file With the Depart- . (c) The period of time for ment a report concerning matters which the variance is sought, in- covered in the informal conference. cluding the reasons and facts in Unless otherwise specified, in writ- support of the time period. ing, by the Department, a responsive (d) The requirements which the pleading or demand for hearing shall petitioner can meet, Including the he filed within ten (10) days from date or time when the requirements the completion of the Informal will he met. conference, unless a longer time (e) The steps or measures the is provided by Rule 17-103.110, FAC, petitioner is taking to meet the .17-103.080 17-103.100(l)(e) 2-20-35 502 DER1985 RULES OF ADMINISTRAtIVE PROCEDURE - NON-RUILEMAKING 17-103 requirement from which the variance Section 403.201, Florida Statutes, is sought. If the request is pursu- do not apply to the Florida Safe ant to Section 403.2010)(h), F.S., Drinking Water Act or rules promul- the. petitioner shall Include - a gated thereunder. schedule when compliance will -be (6) Relief from Department achieved. rules may also he granted pursuant (f) The. social, economic and to other specific rules, such as, environmental impacts on the ap" but not limited to, rules 17-3.031, plicant, residents of the area and 17-4.243, and 17-4.245, FAC. of the state if the variance @ls Specific Authority: 120.53(l), F.S. granted. Law Implemented: 120.53(l), F.S. (g) The social, economic and History: New 2-6-78, Amended environmental impacts on the appli- 7-8-82, Transferred from 17-1.57 cant, residents of the area and of and Amended 6-1-84. the state if the variance is denied. (2) Renewals of variances, 17-103.110 Administrative pursuant to Section 403.201, Florlcfa Enforcement Actions. Statutes, shall be applied for -iin (1) Notice of Violation. the same manner as for the initlif (a) A notice of violation is an variance. appropriate initial administrative (3) Variances shall be denle.d pleading which may be issued by the or granted at the discretion of th -e Department when, after investiga- Secretary of the Department, except tion, it has reason to believe that for variances submitted under the a person has, or is presently Florida Electrical Power Plarit engaged in an activity in violation Siting Act, the Florida Transmissio@ of the provisions of Chapters 403, Line Siting Act or the Florida 373, 376 or 253, Florida Statutes, Industrial Siting Act, which shall or Department 'rules. Such notice be granted or denied at the dIs!7 shall be served on the respondent(s) cretign of the Governor and the, by actual delivery to; service of Cabinet. process on, in accordance with (4) The Department shall pub- Florida Rules of Civil Procedure; or lish notice of intent in the Florida- by certified mail, return receipt Administrative Weekly. The petition' requested; and shall identify the er shall publish such notice in a provision of law, rule, or Depart- newspaper of general circulation In: ment permit alleged to have been the area affected by the proposect ' violated, and shall include a brief variance. Notice shall be in accor-_ statement of the facts constituting dance with Rule 17-103.150, FAC, and, such alleged violation. shall read substantially as set- (b) A notice of violation shall forth in Rule 17-103.150(3Y, FAC.' he issued by the Secretary, Assis- (5) An application for a vari- tant Secretary or District Manager. ance or exemption, pursuant to Sec-_ Unless a responsive pleading and tion 403.854, Florida Statutes, of, request for a Section 120.57 admin- the Florida Safe Drinking Water Act '@: -' istrative hearing is filed within shall be In accordance with Section twenty (20) days after service of 17-22.09, Florida Administrative. the notice, or as otherwise provided Code. The variance provisions of by Rule 17-103.090, FAC (Informal 2-20-85 17-103.1000),te): 17-103.110(l)(b) 5 0 3 DER199S RULES OF ADMINISTRATIVE PROCEDURE NON-RULEMAKING 17-103 Conference), the notice of viola- rules promulgated thereunder. A tion, and the allegations contained consent order, executed by all therein, shall become binding and parties to an enforcement action, final, and the right to an adminis- shall have the same force and effect trative hearing shall be deemed as a final order entered by the waived. Department after a formal Section (2) Orders for Corrective Ac- 120.57 administrative hearing and tion. the submission of hearing officer's (a) Orders for corrective ac- recommended order, and shall he tion may accompany and be served enforced In like manner. The Sec- with a notice of violation upon the retary, or his authorized designee, alleged violator of provisions of may enter consent orders, copies law, rule, or a Department permit. of which shall be served an all The orders shall include a descrip- parties. If a notice of violation tion of remedial action, with Imple- is Issued, in accordance with Rule menting time-table, which is requir- 17-103.110, FAC, no consent order ed, and set forth any damages, costs shall be entered until ten (10) days of investigation, or other demands after the filing of the notice. the Department is authorized by law Specific Authority: 120.53, F.S. to recover. Unless a responsive Law Implemented: 120.53, F.S. pleading and request for a Section History: New 2-6-78, Transferred 120.57 administrative hearing is from 17-1.58 and Amended 6-1-84. filed within twenty (20) days after service of the notice, or as other- 17-103.120 Department Approval wise provided by Rule 17-103.090, of Testing ancl Research Programs FAC (Informal Conference), the for Air Pollution Sources. orders for corrective action shall (1) Upon receiving a petition become final and effective, and for authorization to conduct test- shall constitute a final adjudica- Ing, demonstration of new or innova- tion of the matters alleged, subject tive technologies, and/or research only to judicial review under Sec- programs relating to pollution and tion 120.68, Florida Statutes. Its causes, effects, prevention, (b) Orders for corrective ac- abatement and control, the Depart- tion, which constitute final agency ment may, in its discretion, issue action, shall be enforceable pur- an order authorizing the testing, suant to sections 403.161(i)(h), demonstration, or research program 403-131, 403.412, 403.860, and as a temporary source of air pol- 120.69, Florida Statutes. lution. (3) Consent Order. (a) The petition shall be filed A consent order Is a final with the Secretary of the Department agency order wherein all'partles and and shall Include at least the fol- the Department, by negotiation, have lowing Information: arrived at a mutually acceptable 1. The name and address of the resolution of alleged violations of person or entity requesting authori- law for the purpose of achieving zation; full and expeditious compliance with 2. A description of the sub- Chapters 253, 403, 373 and 376, stance of the proposed testing, Florida Statutes, and Department demonstration, or research program; 17-103.110(l)(b) 17-103.120(l)(a)2. 2-20-85 5 0 4 DER1995 RULES OF ADMINISTRATIVE'PROCEDURE - NON-RULEMAKING 17-103 3. A list of all rules, permit renewed by the Department. or certification conditions, and Specific Authority: 120.53, F.S. other requirements of law that might Law Implemented: 120.53, 403.061(8), be temporarily violated as a result 403.061(18), F.S. History: New of the testing, demonstration, -',.or 4-6-80, Transferred from 17-1.585 research program; and Amended 6-1-84. 4. The proposed duration of the program; and 17-103.130 Burden of Proof; S. The purpose of the proposed Order of Presentation. program. (1)(a) In licensing (permit) (b) The Department shall, after proceedings, including variance, due notice, hold a public hearing-on exception, exemption, site specific each petition. alternative criteria, or other simi- (2) The order of the Department lar proceedings, the applicant shall authorizing an air . testing, demon- have the burden of establishing, by stration or research program shall a preponderance of the evidence, contain such conditions as are entitlement to the requested li- necessary to - assure that rstate and cense, variance, exception, exemp- federal ambient air quality sta.ni- tion, site specific alternative dards, applicahle Prevention !'of criteria, or other relief. Significant Deterioration lncri@- (b) The order of presentation ments, Standards of Performance ior in proceedings described in Rule New Sources- contained in 40 C.F. F@ 17-103.1300)(a), FAC, shall be P art 60, and National Emissiorit applicant, any party who supports Standards for Hazardous Air Pollu & issuance of the-license or granting ants contained ]n 40 C.F.R., Part of other relief, the Department 61, will not he violated; and that (whether it proposes to issue or the program will not interfere with deny the license or other relief), attainment of ambient air quakit and any party who supports denial of ., y standards In nonattainment areas. the license or other reflef . Rebut- The order shall authorize the coh- tal testimony and public comment struction or operation of a tempp- shall be submitted as directed by rary source of pollution subject '-to the presiding officer. The parties such interim emission limitations, may agree to, or for good cause the sampling and monitoring require- presiding officer may direct, any ments, reporting requirements, and other order of presentation. any other requirement different -from (2) In enforcement, license that established by rule, permit .--or revocation, or other similar pro- certification condition, or Depart- ceedings, the Department shall have ment Order. 1.@. the burden of proof. In these pro- (3) No condition, contained in ceedings, the order of presentation an order 'issued pursuant to this shall be the Department, any party Section, which is different from any who supports the action proposed hy requirement established by rttl 'e., the Department, any party against permit or certification condition, whom the proceeding has been ini- or Department Order, shall b4 tiated and any party who opposes effective for more than two yearii, the action proposed by the Depart- provided however, the order may iY4 ment. Rebuttal testimony and public 17-103.120(f)(A3. -- 17-103.130(2) 2-20-65 50 5 DER198S RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 comment shall he submitted as controversial nature, or location, directed by the presiding officer. are reasonably expected by the The parties may agree to any other Department to result in a heightened order of presentation. public concern or likelihood of Specific Authority: 403.087, request for administrative proceed- 403.088, 120.53, F.S. Law Imple- ings. If required, the notice shall mented: 120.53, F.S. History: be published one time only within New 2-6-78, Amended 4-28-81, fourteen (14) days after a complete Transferred from 17-1.59 and application is filed and shall Amended 6-1-84. contain: (a) name of applicant, a brief 17-103.140 Relationship with description of the project and its Other Rules. Where there are con- location; flicts between the requirements of (b) where the application file this Chapter and other specific Is located and when it is available procedural rules such -as Chapter for public inspection; 17-17, FAC, procedural rules pro- (c) the notice shall be pre- mulgated to implement the Florida pared by the Department and shall Electrical Power Plant Siting Act, comply with the following format: and the Florida Transmission Line Siting Act, and Chapter 17-23, FAC, procedural rules to implement Notice of Application the Florida Industrial Siting Act, and any rules which set forth more The Department of Environmental specific procedures, the latter Regulation announces receipt of an rules shall govern. application for permit from (name of Specific Authority: 120.53, F.S. applicant) to (brief description of Law Implemented: 120.53, F.S. ' project) . This proposed project History: New 2-6-78, Transferred will be located at (location) in from 17-1.61 and Amended 6-1-84. (county) (city) . This application is being pro- 17-103.150 Public Notice of cessed and is available for public Application and Proposed Agency inspection during normal business Action. hours, 8:00 a.m. to 5:00 p.m., (1) Each person who files an Monday through Friday, except legal application for a Department permit holidays, at (name and address of may publish, or may be required to office) . publish, and provide proof of pqh- lication to the Department, at his own expense, a Notice of Application (2) (a) All applicants for in a newspaper of general circula- construction permits for domestic, tion in. the county in which the wastewater treatment plants, or activity will be located or take Industrial wastewater treatment place. Publication of a Notice of plants, solid waste disposal facil- Application shall he required for Ities, standard form dredge and those projects which, because of fill projects, major air pollution 11h.", 1,110, polo,,11-11 olfo,'l on 1ho so ... *ces and drinking water treatment m1k,limmietit or iiattiral resources, facilities shall publish, at the 17-103.130(2) -- 17-103.150(2)(a) 2-20-85 5,0 6 DER198S RULES OF ADMINISTRATIVi-PROCEDURE NON-RULEMAKING 17-103 applicanfs expense, a Notice of W The notice shall substan- Proposed Agency Action on Periftit tially read as follows: Application. The Department may require other applicants to publish notice of proposed agency action Notice of Proposed Agency Action where, in the judgment of the Di- on Permit Application partment, the project is reasonabi.y expected to result in a heightened The Department of Environmental public concern or likelihood of Regulation gives notice of its request for administrative proceed- intent to (issue)(deny) a permit to ings because of the project's size, (name of applicant) to (brief de- potential effect on the environmeh lt scription of project). or natural resources, coiitroversilt A person whose substantial nature or location. The applicant interests are affected by the shall cause the notice to be@ pub@- Department's proposed permitting lished as soon as_ possible aftei decision may petition for an admin- notification by the Department of istrative proceeding (hearing) in its intended action, and no later accordance with Section 120.57, than fourteen (14) days prior to Florida Statutes. The petition must final agency action. The Department conform to the requirements of shall notify the applicant of it6 Chapters 17-103 and 28-5, Florida intended action within ninety (90')' Administrative Code and must be. days of a completed application, an'@ filed (received) in the Office of the provisions of Section 120.60(2i, General Counsel of the Department F S., shall be tolled. by the request at 2600 Blair Stone Road, Twin oi the Department for publication of Towers Office Building, Tallahassee, notice and. shall resume fourteen Florida 32301, within fourteen (14) (14) days after receipt by the' days of publication of this notice. Department of proof of publication. Failure to file a request for hear- (b) The notice shall be pub ing within this time period shall lished one time only in the legal ad constitute a waiver of any right section of a n *ewspaper of general. such person may have to request an circulation in the county where thei- administrative determination (hear- activity is proposed, and the appli-.' ing) under Section 120.57, Florida. cant shall provide*. proof of publica-.:@, Statutes. tion to the Department within seven, If a petition is filed, the (7) days of publication. The notici administrative hearing process is shall be prepared by the Department " designed to formulate agency action. and shall contain: Accordingly, the Department's final 1. name of applicant, brief de-* action may he different from the scription of the proposed activity,.. position taken by it in this pre- and its location; liminary statement. Persons whose 2. location of the application.' substantial interests will he and its availability; affected by any decision of the 3. statement of the Depart-' Department have the right to inter- ment's Intended action; and vene in the proceeding. A petition 4. notification of administra-,@ for intervention must be filed tive hearing opportunity. pursuant to Model Rule 28-5.207 at 2-20-GS 17-103.150(2)'ta): -- 17-103.150(2)(c) 507 DER198S RULES OF ADMINISTRATIVE PROCEDURE NON-RULEMAKING 17-103 least five (5) days before the final (c) Location of complete copies hearing and be filed with the Hear- of the proposed agency action and ing Officer if one has been assigned accompanying material which are at the Division of Administrative available for public Inspection; and Hearings, Department of Adminis- (d) Paragraphs which read sub- tration, 2009 Apalachee Parkway, stantially as follows: Tallahassee. Florida 32301. If no Persons whose substantial in- Hearing Officer has been assigned, terests are affected by the above the petition is to be filed with the proposed agency action have a right, Department's Off ice of General pursuant to Section 120.57, F.S., Counsel, 2600 Blair Stone Road, to petition for an administrative Tallahassee, Florida 32301. Failure determination (hearing) on the to petition to intervene within the proposed action. The Petition must allowed time frame constitutes a conform to the requirements of waiver of any right such person has Chapters 17-103 and 28-5, FAC, and to request a hearing under Section must be filed (received) with the 120.57, F.S. Department!s Off ice of General The application is available Counsel, 2600 Blair Stone Road, for public inspection during normal Tallahassee, Florida 32301, within business hours, 8-00 a.m. to S:00 fourteen (14) days of publication of p.m., Monday through Friday, except this notice. Failure to file a legal holidays, at (name and address petition within the fourteen (14) of office) days constitutes a waiver of any right such person has to an admin- istrative determination (hearing) (3) The Department, or any pursuant to Section 120.57, F.S. person whose substantial interests If a petition is filed, the are or may be affected by proposed administrative hearing process is agency action other, than on a permit designed to formulate agency action. application may publish or may be Accordingly, the Department!s final required to publish public notice, action may be different from the and provide proof of publication, In proposed agency action. Persons a newspaper of general circulation whose substantial interests will be in the county or counties affected affected by any decision of the by the proposed action. Such public Department have the right to inter- notice shall contain: vene in the proceeding. A petition for Intervention must he filed pur- suant to Model Rule 28-5.207, FAC, State of Florida at least five (5) days before the Department of final hearing and he filed with the Environmental Regulation Hearing Officer If one has been Notice of Proposed Agency Action assigned at the Division of Admin- istrative Hearings, Department of (a) The proposed agency action Administration, 2009 Apalachee (e.g., Consent Order); Parkway, Tallahassee, Florida 32301. (b) Description and location If no Hearing Officer has heen of the subject matter or activity assigned, the petition is to be covered by the action; filed with the Department!s Office 17-103.150(2)(c) -- 17-103.150(3)(d) 2-20-85 -508 DER198S RULES OF. ADMINISTRATIVE. PROCEDURE NON-RULEMAKING 17-103 of General Counsel, 2600 Blair Sto-he the Department!s decision without Road, Tallahassee, Florida 3230-l'.. the notice having been dufy given or Failure to petition to Interve;fte published. within the allowed time frame co'zn.,- (b) The notices required by stitutes a waiver of any right such this rule may be combined with other person has to an administrati4e notices required by the Department determination (hearing) under Se4- pursuant to Chapter 403, 376, or tion 120.57, F.S. 253, F.S., or Chapter 17, FAC. (c) The provisions of this section shall also apply to the (4) Notice to substantial-ly permitting of hazardous waste facil- affected persons concerning appff@l ities, but only to the extent it is cations for Department permits Te, consistent with Chapter 17-30, Part an essential and integral part 6f W, FAC. Whenever Chapter 17-30, the state environmental licensing Part IV, FAC, provides for a dif- process. Therefore, no application ferent time or notice procedure than for a permit for which publicatl6h that set forth in this section the of notice Is required shall be time and notice provisions of Chap- granted until and unless proof of ter 17-30 shall govern. publication- of Notice is. furnished':' (6) Failure to publish any to the appropriate Department per- notice of application, notice of mitting office. proposed agency action, or notice (5)(a) Any applicant or persorr. of agency action required by the benefiting from the Departmenes, Department shall be an independent action may elect to publish notice basis for the denial of a permit. of proposed agency action In the. Specific Authority: 120.53, manner provided by subsection (2:) ' 403.0876, 403.815, F.S. Law or (3). Any person who elects to Implemented: 120.53, F.S. publish notice of proposed agenci History: New 9-20-79, Amended action., upon presentation of proof 4-28-81, Transferred from 17-1.62 of publication to the Department, and Amended 6-1-84. prior to final agency action, shall' be entitled to the same benefift 17-103.ISS Petition for Admin- under this rule as a person who IS-.- Istrative Hearing; *aIver of Right required to publish notice of pro-, to Administrative Proceeding. posed agency action. Since personi. (1)(a) Any person whose sub- whose substantial interests are stantial interests may be affected affected by a Department decision om, by proposed or final agency action. a permit application may petition may file a petition for administra- for an administrative proceeding:., tive proceeding. A petition shall within fourteen (14) days after-@:' be in the form required by this receipt of notice and since-, unless- Chapter and Chapter 28-5, FAC, and notice Is given or published as'7 shall be filed (received) in the prescribed In. this rule, receipt of.. Office of General Counsel of the notice can occur at any time, the., Department within fourteen (14) days applicant or persons benefiting frow-. of receipt of notice of proposed the. Departmentis action cannoV; agency action or within fourteen justifiably rely on the finality of., (14) days of receipt of notice of 17-103.150(3)1@0) 17-103.155(l)(a) 2-20-85 509 DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 agency action whenever there is no occurs* public notice of proposed agency (b) "Receipt of notice of pro- action. In addition to the require- posed agency action" means receipt ments of Rule 28-5.201, FAC, the of written notice (such as a letter Petition must specify the county in of Intent) that the Department pro- which the project is or will be poses to take certain action, or the located. publication pursuant to Department (h) Failure to file a petition rule of notice of proposed agency within fourteen (14) days of receipt action, whichever first occurs. of notice of agency action or four- (3) Notwithstanding any other teen (14) days of receipt of notice provision in this Chapter, should a of proposed agency action, whichever substantially affected person who notice first occurs, shall consti- fails to timely request a hearing tute a waiver of any right to re- under Section 120.57, F.S., admin- quest an administrative proceeding Istratively- appeal the final Depart- under Chapter 120, F.S. ment @ctlon or order, the record on (c) When there has been no pub- appeal should be limited to: lication of notice of agency action (a) the application, and accom- or notice of- proposed agency action panying documentation submitted by as prescribed in Rule 17-103. 150, the applicant prior to the Issuance FAC, a person who has actual knowl- of the agency's Intent to Issue or edge of the agency action or has deny the requested permit. knowledge which would lead a reason- (h) the materials and informa- able person to conclude that the tion relied upon by the agency in Department has taken final agency determining the final agency action action, has a duty to make further or order; inquiry within fourteen (14) days of (c) any notices issued or pub- obtaining such knowledge by contact- lished; and ing the Department to ascertain (d) the final agency action or whether action has occurred. The order entered concerning the permit Depart 'ment shall upon receipt of application. such an Inquiry, if agency action (4) In such cases where persons has occurred, promptly provide the do not timely exercise their, rights person with notice as prescribed by accorded by Section 120.57(l), Flor- Rule 17-103.150, FAC. Failure of ida Statutes, the allegations of the person to make inquiry with the fact contained in or Incorporated by Department within fourteen (14) days the final agency action shall he after obtaining such knowledge may deemed uncontested and true, and estop the person from obtaining an appellants may not dispute the truth administrative proceeding on the of such allegations upon subsequent agency action. appeal. (2) (a) "Receipt of notice of (S) Any applicant may challenge agency action" means receipt of the DepartmenVs request for addi- written notice of final agency tional information by filing with action, as prescribed by Department the Office of General Counsel an rule, or the publication, pursuant appropriate petition for administra- to Department rule, of notice of tive proceeding pursuant to Section final agency action, whichever first 120.60, F.S., following receipt by 17-103.1550)(a) 17-103.155(5) 2-20-35 5.1 0 DER1985 RULES OF ADMINISTRATIVE PROCEDURE NON-RULEMAKING 17-103 the applicant of the Department's to the Department, in writing, with notification, pursuant to Section copies to other parties, those docu- 403.0876, F.S., th at additiorial ments or things under the control of information Is required. or In the possession of the Depart- Specific Authority: 120.530 ment which the appellant desires to 403.0876, 403.815, F.S. Law have Included in the record, and Implemented: 120.53, F.S. - which were received or considered History: New 9-20-79, Amended in the Department proceeding below. 4-28-81, Transferred from 17-1.62 If a proceeding was reported by and Amended 6-1-84. mechanical recording devices, the appellant shall designate those 17-103.160 Uniformity in Approv- portions of the proceeding for which al and Denial of Applicafflons for it requires written transcription or Department Permits and C4wtlflca- tapes for transcription. Any other tions. To the extent possible and party may designate other portions consistent with the public Interest, of the record in the manner provided the Department approves and denies herein. Such cross -designation shall applications for permits and cet.,- be filed with the Department, with tificatlons on a uniform and coo.- copies provided other parties, with- sistent basis. Final Department, in seven (7) days after receipt of actions on applications for permits the designation by the appellant. and certifications shall be consist, (2) Original Record. The De- tent with prior Department actions; partment shall thereupon include in unless deviation therefrom is ex- the record all of the designated plained by the Department In writing p ortions of the original papers and or the hearing officer who submits 'ra exhibits in the proceedings or mat- recommended order to the Department* ter from which administrative appeal for final agency action In accor:- Is taken, together with a copy of dance with Section 120.57, Florll@al any such parts of the proceedings as Statutes. were stenographically reported or Specific Authority: 120.53(l), transcribed from tapes, and as have F.S. Law Implemented: 120.53(l), been designated by the parties and 120.68(12), F.S. History: New certified by a notary public, the 2-6-78, Transferred from 17-11.63, reporter, or other officer for 6-1-84. inclusion In the record on appeal or review, and certified copies of the 17-103.170 Designatilon, Prepa-- order, if any, of which review is ration and Transmittal of Record for. sought. The Department may, at its Administrative Appeals. @:z discretion, substitute certif ied When any Department action or copies for original papers or docu- order Is the subject of an adminis- ments in its possession. trative appeal under Chapter 17-103..@: (3) Preparation of Record. Upon Part 11, FAC, the following require-:, tender or, deposit by appellant of ments shall apply: .' the estimated cost of preparation, (1) Designation of Record.. the Department shall prepare the Within. fifteen (15) days of rendi-ri: record in accordance with the des- tion of the Department's finat. ignations of the parties. The cost order, the appellant shall designate of preparation, and reproduction, 17-103.155-.5) 17-103.170(3) A. 2-20-85 5 1 DER193S RULES OF ADMINISTRATIVE PROCEDURE - MON-RULEMAKING 17-103 shall be borne by the party request- agency implements may be obtained ing the designated portions of the without cost to members of the record. public. (4) Transmittal of Record. Specific Authority: 119.07, 12033, Upon preparation, and payment of 403.061(7), F.S., Chapter 286.0105, associated costs, the administrative Laws of Florida. Law Implemented: appeals clerk of the Department's 119.07, 120-53, 253.76, F.S. His- Office of General Counsel shall tory: New 2-6-78, Amended 4-28-81, transmit the record to the appro- 4-1-82, Transferred from 17-1.64 priate tribunal and serve notice of and Amended 6-1-84. said transmittal and filing on all parties to the proceeding below. 17-103.180 Videotaped @(5) Extensions of Time in Which Depositions. to Prepare Record. In administrative (1) Depositions for the pu .rpose appeals under Chapter 17-103, Flor- of discovery or any other use allow- ida Administrative Code, a timely ed by the Florida Rules of Civil motion may be filed with the Secre- Procedure may be recorded upon tary of the Department requesting an videotape after notice appropriate extension of time, for a definite under the Rules of Civil Procedure. period, within which to comply with (2) Such depositions may be the above requirements. Otherwise, utilized, without transcription, the record on appeal shall be trans- in any proceeding before the Depart- mitted no later than the time by ment. which appellant is required to file (3) The originals of any depo- its main brief under Chapter 17-103, sition so recorded shall be filed Florida Administrative Code. Failure with the Clerk of the Office of of the appellant to follow the above General Counsel who shall make requirements may subject the appeal appropriate provision for their to dismissal by the administrative preservation. appellate body. (4) Upon request and tender of (6) Copies of all public rec- the actual costs of reproduction, ords may be inspected and examined the Department shall provide a copy by members of the public at reason- of any tape or tapes to any person, able times and under reasonable and shall make available on the conditions. The Department shall premises of the Department equipment furnish copies of public records for reviewing the same by any party. upon payment of the actual cost of (5) Oaths of deponents. shall duplication. When the reproduction be administered by any person who of records requires extensive cleri- Is authorized by law to administer cal or supervisory assistance, the oaths. Department may charge an additional (6) Videotape equipment utiliz- reasonable fee based on the actual ed to record such depositions shall salary rate of the personnel pro- be operated by a person trained in viding the service. Reproduction the operation of such equipment and re(piests totaling more than 100 such person shall certify, under copies shall be presumed to require oath, that the videotape is a true an additional fee for personnel and accurate recording of any such service. Copies of rules which the deposition. 17-103.170(3) -- 17-103.180(6) 2-20-SS 51 2 DER1965 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-10 (7) Upon a showing of :4pod officer, In accordance with Section cause, a hearing. officer or .4he 120.570), Florida Statutes, parties Secretary may prescribe additionat to the proceeding may file with Me safeguards designed to assure the Department written Exceptions to the accurate recording and preservation Recommended Order, with service of of any testimony given by depqsi- copies on all parties. Exceptions, tion. shall state, with particularity, Specific Authority: 120.53, F.S. the basis for asserting that the Law Implemented: 120.53, F.S. hearing officer erred in entering or History: New 2-6-78, Transferred omitting specific findings of fact, from 17-1.65, 6-1-84. conclusions of law, or a recommen- dation. Any exception disputing a 17-103. 11" Suspension and finding of fact must he accompanied Revocation of Department Pairmits, by a complete transcript of the Certifications or Cartifleates. The hearing. Any party may serve one Department may suspend or revoke'ahy Response to Exceptions within ten Department permit, certification, :or (10) days of service of the Excep- certificate as provided by Secti.on tions. The Department may extend or 403.087, Florida Statutes, and Chib- shorten the times provided herein. ters 17-4 and 17-16, Florida Admiti- Any party may submit a proposed istrative Code. Prior to suspendlifg final order. or revoking such permit, certifica (2) After expiration of the tion, or certificate, the Department allotted time for filing Exceptions shall serve, by certified malf, and within the time requirements an administrative complaint. T'6 imposed by Sections 120.60 and procedures contained In Sections 120.59, Florida Statutes, the Sec- 28-6.09, and 28-6.11, Florida Admi;n- retary shall issue the Final Order istrative Code, are expressly lncdri- Of the Department in accordance with porated herein, and shall govei@n Section 120.57, Florida Statutes. such suspension or revocation. (3) Should a party desire to Specific Authority: 120.53, present oral argument hefore the 403.061(7), F.S. Law Implemented: Secretary in support of its Excep- 403.087, 120.53, 120.60(5), F.S. tions, a Request for Oral Argument History: New 2-6-78, Amended shall accompany the Exceptions. The 4-28-81, Transferred from 17-1.67,.. granting of oral argument and the 6-1-84. 14, time allowed is discretionary with the Secretary. 17-103.200 Agency Action an' Specific Authority: 120.53(l), F.S. Recommended Orders. The following Law Implemented: 120.53(l), F.S. procedures shall apply to the entr@. History: New 2-6-78, Amended of Final Department Orders adopting,'._ 4-28-81, Transferred from 17-1.68 rejecting or modifying Recommended. and Amended 6-1-84, Amended Orders submitted hy hearing officers"@ 12-23-84. of the Division of Administrative_ Hearings (DOAH). 17-103.201 Final Orders. (1) Within ten (10) days afteir In any final order (including a submittal of a Recommended Order t6 decision on a permit application) the Department by a DOAH hearing, Issued by the Department pursuant 2-20-GS 17-103.1'90(.7) 17-103.201 51 3 DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 to Sections 120.59 or 120.60, Flor- determination (hearing) pursuant to ida Statutes, one or the other of Section 120.57, F.S. the following paragraphs shall be This Order Is final and effec- included: tive on the date flied with the (1) If the parties to the Order clerk of the Department unless a were given notice pursuant to Rule petition is filed in accordance with 17-103.150, FAC, the following para- this paragraph. Upon the timely graph shall be included:' filing of a petition this Order will Any party to this Order has the not be effective until further Order right to seek judicial review of the of the Department. Order pursuant to Section 120.68, When the Order is final any Florida Statutes by the filing of a party to the Order has the right to Notice of Appeal pursuant to Rule seek judicial review of the Order 9.110, Florida Rules of Apellate pursuant to Section 120.68, Florida Procedure, with the clerk of the Statutes by the filing of a Notice Department in the Office of General of Appeal pursuant to Rule 9.110, Counsel, 2600 Blair Stone Road, Florida Rules of Appellate Pro- Tallahassee, Florida 32301; and by cedure, with the clerk of the filing a r-opy, of the Notice of Department in the Office of General Appeal accompanied by the applicable Counsel, 2600 Blair Stone Road, filing fees with the appropriate Tallahassee, Florida 32301; and by District Court of Appeal. The filing a copy of the Notice of Notice of Appeal must be filed Appeal accompanied by the applicable within 30 days from the date this Jiling fees with the appropriate Order is filed with the clerk of the District Court of Appeal. The Department. Notice of Appeal-must be filed with- (2) Af the parties to an Order in 30 days from the date the Final were not given notice pursuant to Order is filed with the clerk of the Rule 17-103.150, FAC, the following Department. paragraph shall be included in the Specific Authority: 120.53, F.S. Order: Law Implemented: 120.59, F.S. Persons whose substantial History: New 10-11-814. interests are affected by this Order have a right, pursuant to Section 17-103.202 Certificate of Maill- 120.57, Florida Statutes, to peti- Ing or Hand Delivery; Permitting. tion for. an administrative determi- In each letter of intent to grant or nation (hearing) on it. The Petition deny a permit application, and in must conform to the requirements each order denying or granting a of Chapters 17-103 and 28-5, FAC, permit (including the permit itself and must be filed (received) with if not accompanied by separate the Departments Office of General order), the Department shall include Counsel, 2600 Blair Stone Road, a certification that shows the time Tallahassee, Florida 32301. within and date the letter, order or permit fourteen (14) days of receipt of was mailed or hand delivered to the this notice. Failure to file a pe- applicant, each party or the party's tition within the fourteen (14) days - attorney, and to each person who constitutes a waiver of any right requested notice of the action or such person has to an administrative proposed action. The Department 17-103.201 17-103.202 2-20-OS 5 1 4 -DER198S RULES OF ADMINISTRAT.IVE PROCEDURE NON-RULEMAKING 17-103 shall file the letter, permit, @',or Department with respect to any mat- order with the agency clerk, . br ter considered at a hearing of the deputy agency clerk, as appropriate. Department, that party may need to Specific Authority: 120.53, F.S. ensure that a verbatim record of the Law Implemented: 120.60, F.S. proceedings is made. Such a record History: New 10-11-84. shall Include the testimony and evidence upon which the appeal is 17-103.205 Official Record of to be based. A party filing excep- Hearing. tion to any finding of fact of the (1) The Department routinelj@ hearing officer must file a complete provides mechanical recording dd- transcript of the hearing with the vices at any evidentiary hearing. A exception. copy of the recording tapes shall bje Specific Authority: 120.53, F.S. made available to any party upon Law Implemented: 120.53, F.S. request and tender of actual cost of History: New 6-1-84, Amended the tape and of making the copy. It 12-23-84. Is the responsibility of the party seeking a transcript of a hearing t6 forward a copy of the tape to thii 17-103.210 Designation of Offi- court reporter of their choice fl& cial Reporter; Subject Matter Index. transcription. Any party desirous The Department designates Judicial, of having a court reporter present and Administrative Research Asso- in lieu of the Department mechani@- ciates, Inc., publisher of the cally recording the hearing shiA( Florida Administrative Law Reports, make arrangements with the reporW. as its official reporter for the of their choice. Original written purpose of publishing and indexing transcriptions or copies may be hy subject matter all Department ordered directly from the court orders rendered after a proceeding reporter at the requesting party's in which the substantial interests expense. If a court reporter Is of a party are determined by the present at the hearing and record@ : Department. A subject matter index the proceedings, the recordation'- of permits is available for public -shall become the official tran-@Z Inspection at the Bureau of Infor- script. The Department, in its: mation Systems, Department of Envi- discretion, may apt not to provide. ronmental Regulation, 2600 Blair mechanical recording whenever a Stone Road, Tallahassee, Florida court reporter is present. 32301. This index is computerized, (2) Prior to the hearing, any.,: therefore It is' recommended that party arranging for the presence. prior arrangements be made with the of a court reporter should notif@_ office. A copy of the index is the hearing officer and all partie& available upon payment of actual of the identity, mailing address- costs. and telephone number of the court" Specific Authority: 403.087, reporter engaged to record. the:!:' 403.088, 120.53, F.S. Law Imple- proceeding. mented: 120.53, F.S. History: (3) Should any party decide to.. New 4-28-81, Transferred from appeal any decision made by the.- 17-1.681 and Amended 6-1-84. 17-103.202 1.7-103.2 10 (History) 2-20-05 5 DER195S RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 PART 11 Specific Authority: 20.05(5), APPEALS TO THE GOVERNOR 120.53, F.S. Law Implemented: AND CABINET ON COASTAL 380.23(2), F.S. History: New CONSISTENCY 6-24-76, Formerly 17-1.71, Amended 4-28-81, Transferred from 17-1.88, 17-103.300 General* ' The- fol- 6-1-84, Amended 2-20-85. lowing rules shall govern appeals from final agency action before the 17-103.320 Parties to Appeals; Governor and Cabinet, hereinafter Amicus Curiae; Intervenors. referred to as the Board, arising (1) Only parties of record to under section 380-23(2), F. S., final agency actions subject to regarding determinations by the appeal may Initiate an appeal. department of consistency with (2) The Secretary may allow the Florida Coastal Management Pro- other persons to appear and partici- gram. Proceedings prior to final pate as amicus curiae in accord with agency action are governed by Rule 9.370, Fla. R. App. P., except Chapter 17-103, Part 1, FAC. Rule that the time for filing a motion 17-103.050, FAC, shall govern the to appear as an amicus curiae shall filing and - service of pleadings. be within fifteen (15) days of the The Florida Rules of Appellate Pro- filing of the notice of appeal. The cedure shall govern the computation motion may be heard and disposed of time, except where inconsistent of by the Secretary after reason- with this part. able notice of such hearing has Specific Authority: 20.05(5), been served on the attorneys in the 120.53, F.S. Law Implemented: cause. 380.23(2), F.S. History: New (3) The Board may allow other 6-24-76, Formerly 17-1.70, Amended persons to intervene as parties to 4-28-81, Transferred from 17-1.87 the appeal who were not parties to and Amended 6-1-84, Amended the final agency action, if such 2-20-85. persons demonstrate that: (a) they have standing under 17-103.310 Final Agency Action. section 120.57, F.S., and that The final agency actions subject (h) they had no reasonable to appeal under this part are notice of the agency proceeding those final actions of the Secretary prior to the entry of the written of the Department and of those document representing final agency persons designated by the Secretary action. Persons allowed to become to take such actions, and which parties to an appeal pursuant to involve: this subsection shall be bound by 1 (1) the determination of the record on appeal and the status consistency or inconsistency of a of the proceedings as they find them matter with the Florida Coastal at the time they are permitted to Management.Program pursuant to sec- become a party. tion 380.23(2), F.S. Specific Authority: 20.05(5), (2) Declaratory Statements in- 120.53, F.S. Law Implemented: volviiitl section 380.23(2), F.S. and 253.76, F.S. History: New 6-24-76, 1-tied liy t1io Secretary pkirsuant to Formerly 17-1.72, Amended 4-28-81, seclion 120.1111, F*S* Transferred from 17-1.89, 6-1-84. 17-103.300 -- 17-103.320 (History) 2-20-11S 6 DER1985 RULES OF ADMINISTRAT .IV t PROCEDURE - NON-RULEMAKING 17-103 17-103.330 Initiation of Appea*l;- which are not contested shall he Request for Rewrd; Contents '7.of subject to compliance and enforce- Notice; Compliance and Enforcem*u, ment regardless of the pendency of Public Notice. the appeal. However, the department (1) Appellate review under this shal'I not be precluded from seeking part shall be Initiated by the fil- injunctive relief to prevent irrepa- ing of a Notice of Appeal with the rable harm. Office of General Counsel of the (5) The department shall pub- Department of Environmental Reguto- lish notice in the Florida Adminis- tion, on behalf of the Board, within trative Weekly of each appeal filed fifteen (15) days of the service under this part. upon a party of the written documeht Specific Authority: 20.05(5), representing final agency action. 120.53, F.S. Law Implemented: (2) A Notice of Appeal shall, 380.23(2), F.S. History: New include the following: 6-24-16, Formerly 17-1.73, Amended (a) Style of the matter appeal- 4-28-81, Transferred from 17-1 .90, ed, and the case, file, notice or 6-1-84, Amended 2-20-85. permit number; (b) Nature of action being 17-103.340 Initiation of Cross- appealed; Appeals. Cross-appeals are autho- (c) Date of service of written rized and shall be initiated in the document representing the f I 11"Al I same manner and shall follow the agency action being appealed; same procedures as provided for (d) A statement, with partic ' appeals in thi's part. ularity, of the reasons for the Specific Authority: 20.05(5), appeal; and 120.53, F.S. Law Implemented: (e) Request, if any, for modi- 253.76, F.S. History: New 6-24-76, fication of action appealed. Formerly 17-1.74, Transferred from (3) The record on appeals sh.a)l 17-1.91, 6-1-84. be requested and developed pursuant to section 17-103.170, FAC. T-he 17-103.350 Briefs. times for further prosecution of tl@e (1) Within fifteen (15) days of appeal shall he tolled until the the filing of the Notice of Appeal, requested record has been completely the appellant shall file a main developed. Until such record has brief in support of the appeal. been completely developed, the (2) An appellee who desires appeal shall not be deemed recelvoi@ to file, a brief shall do so within by the Board. -o*l fifteen (15) , days of the service (4) Compliance and Enforcement of the appellant's main brief. An Those portions of final agency amicus curiae shall file a brief action which are contested in an within fifteen (15) days of the date appeal flied pursuant to this part of service of the order authorizing shall not be subject to enforcemertt his appearance As an amicus curiae. action by the department, nor sha@ (3) An appellant who desires to compliance with said portions be file a reply brief shall do so with- required until final disposition of in five (5) days of the service of the appeal under this part. Thos-6 the brief to which the reply brief portions of final agency actioh is directed. 2-20-05 17-103.33@(A) 17-103.350(3) 5 1 7 DER198S RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 (4) Assignments of error not 17-103.370 Proposed Orders. argued in a party's brief are deemed Parties may submit proposed orders abandoned by that party. to the Board. However, if a party (5) Briefs shall conform to the desires to submit a proposed order, style and- content requirements for the proposed order shall be served briefs set forth in Rule 9.210, Fla. within ten (10) days of the last day R. App. P. for filing the last brief by any (6) Motions for extensions of party. time for filing briefs may be grant- Specific Authority: 20.05(5), ed by the Secretary for good cause 120.53, F.S. Law Implemented: shown, but such extensions shall not 2S3.76, F.S. History: New 6-24-76, be for more than ten (10) days. Formerly 17-1.77, Transferred from Specific Authority: 20.05(5), 17-1.94, 6-1-84. 120.53, F.S. Law Implemented: 253-76, F.S. History: New 6-24-76, 17-103.380 Record. Appeals Formerly 17-1.75, Amended 4-28-81, shall be based solely upon a record Transferred from 17-1.92, 6-1-84. developed pursuant to sections 120.57 and 120.565, F.S. 17-103.360 Oral Argument* Specific Authority: 20.05(5), (1) Requests for oral argument, 120.53, F.S. Law Implemented: if desired, shall accompany the ap- 253.76, F.S. History: New 6-24-76, pellant!s main brief and the appel- Formerly 17-1.78, Transferred from lee!s and amicus curiae!s briefs. 17-1.9S, 6-1-84. Oral argument, Including rehuttal, shall be limited to fifteen (15) 17-103.390 Scope of Review. minutes per. appellant, appellee, and (1) If the Board finds that amicus curiae. . However, the Board the agency has erroneously inter- by majority vote of those members preted a provision of law or rule present, may extend or further limit and that a correct interpretation the time for oral argument. compels a particular action, it (2) Oral argument shall not shall: be granted to anyone not filing a (a) Set aside or modify the brief, and points not raised by a agency action, or party's or amicus, curiae's brief (b) Remand the case to the shall not be argued orally by that agency for further action under a party or amicus curiae, except in correct interpretation of the provi- response to questions by members of sion of law. the Board. (2) If the agency's action (3) The granting of oral depends on any fact found by the argument is discretionary with the agency in a proceeding meeting the Board, and may be dispensed with by requirements of section 120.57, a vote of the majority of the Board F.S., the Board shall not substitute .-members present. Its Judgment for that of the agency Specific Authority: 20.05(5), ..as to the weight of the evidence on 120.53, F.S. Law Implemented: any disputed finding of fact. The 253-76, F.S. History: New 6-24-76, Board shall, however, set aside Formerly 17-1.76,, Transferred from agency action or remand the case to 17-1.93, 6-1-84. the agency If it finds that the 17-103.350( 4) 17-103.390(2) 2-20--65 8 DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-03 agency's action depends on any flnd Interest In the agency action, or ing of fact that Is not supported-by his authorized representative or competent, substantial evidence in counsel. the record. (2) Any ex parte communication Specific Authority: 20.05(5), shall be reduced to writing and 120.53, F.S. Law Implemented: placed In the record by the Board: 253.76, F.S. History: New 6-24-76 member to whom the communication was Formerly 17.1-79, Transferred from directed. Copies shall be served on 17-1.96, 6-1-84. all parties and amicus curiae. Any party and amicus curiae shall be 17-103.400 Decisions. allowed to rebut the communication, (1) The decision of the Board if a request to do so is served quest to on an appeal shall be reduced to within ten (10) days after service writing and served by the Secretary. of the communication. upon the parties and amicus curlae Specific Authority: 20.05(5), within fifteen (15) days of the 120.53, F.S. Law Implemented: making of the decision. 253.76, F.S. History: New 6-24-76, (2) The written decision shall Formerly 17-1.81, Transferred from reflect the vote of each Board mem- 17-1.98, 6-1-84. ber, and shall set forth the basis for each Board finding. The Board 17-103.420 Settlement. Nothing may adopt and Incorporate by refer- in this part shall preclude the ence in Its findings all or part of parties to an appeal from disposing the agency's final order. of any or all matters on appeal by a Specific Authority: 20.05(5), settlement agreement entered into by 120.53, F.S. Law Implemented: all of the parties to the appeal. 253.76, F.S. History: New 6-24-76, Specific Authority: 20.05(5), Formerly 17-1.80, Transferred from:_ 120.53, F.S. Law Implemented: 17-1.97, 6-1-84. 253.76, F.S. History: New 6-24-76, Formerly 17-1.82, Transferred from 17-103.410 Ex Parte Comuunica- 17-1-99, 6-1-84. tions. (1) Upon the filing of a notice 17-103.430 Certificates of of appeal, no ex parte communications. Service. relative to the merits of the (1) The notice of appeal shall. appeal, threat, or offer of reward contain a certificate of service shall be made to the Board, or Board stating that a copy of the notice member, by: has been served on all of those (a) An agency head or member persons who were designated in the of the agency or any other public written document representing final employee or official engaged in agency action as having been sent prosecution or advocacy In connec- copies of that document. tion with the matter under consider- (2) All other documents, ation or a factually related matter; pleadings, motions, briefs, proposed or orders, and orders shall contain (b) A party to the proceedinq a certificate of service on all or any person who, directly or in- parties and amicus curiae to the directly, would have a substantial appeal. 17-103.390 (2) -- 17-103.430(2) 2-20-85 519 DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 Specific Authori ty: 20.05(5), 17-103.470 Meetings; Notice; 120.53, F.S. Law Implemented: Presiding Officer; Quorum Agendas; 253.76, F.S. History: New 6-24-76, Distribution of Agendas; Recording Formerly 17-1.83, Transferred from of P- onem Ings; Minutes; Order of 17-1.100, 6-1-84. Procedure; Agency Action; Voting; Amendment to Rules; Parliamentary 17-103.440 Copies. All plead- Matters. ings, motions, briefs, and other (1) The provisions of sections material, filed with the department 16-4.02, 16-4-03, 16-4.04, 16-4.05, shall he accompanied by seven copies 16-4.06, 16-4.07, 16-4-08, 16-4.10, thereof In addition to copies served 16-4-12, 16-4.13, 16-4.14, and on amicus curiae and parties. 16-4.15, F.A.C., are Incorporated Specific Authority: 20.05(5), herein with the following excep- 120.53, F.S. Law Implemented: tions: 253.76, F.S. History: New 6-24-76, (a) Where the phrase "Depart- Formerly 17-1.84, Transferred from ment of Natural Resources" appears, 17-1.101, 6-1-84. the phrase "Board" is substituted; (b) Where the phrase "Executive 17-103.450 Motions. The Board, Director" appears, the phrase "Sec- or, where appropriate, the Secre- retary of the Department of Environ- tary, may entertain motions to mental Regulation" Is substituted; effectuate the. purpose and require- (c) The last two sentences in ment of this part. section 16-4.06 are irrelevant and Specific Authority: 20.05(5), therefore excluded from incorpora- 120.53, F.S. Law Implemented: tion herein; 253.76, F.S. History: New 6-24-76, (2) The Secretary of the Formerly 17-1.85, Transferred from Department of Environmental Regula- 17-1.102, 6-1-84. tion shall keep the official minutes of the meeting of the Board. Unless 17-103.460 Orders. The Board, otherwise directed by the Board the and Secretary where appropriate, Board's Final Order shall constitute shall Issue such orders and take the minutes. such action as may be necessary to Specific Authority: 20.OS, 120-53, effectuate and enforce the provi- F.S. Law Implemented: 120.53, sions of this part. 380.23(2), F.S. History: New Specific Authority, 20.05(5), .6-24-76, Formerly 17-1.87, 120.53, F.S. Law Implemented: Transferred from 17-1.104, 253.76, F.S. History: New 6-24-76,, 6-1-84, Amended 2-20-85. Formerly 17-1.86, Transferred from 17-1.103. 6-1-84. 17 -103.430 (History) 17-103.470 (History) 2-20--SS 520 DER198S RULES OF ADMINISTRATIVE PROCEDURE NON-RULEMAKING 17-103 PART 111 6) The point(s) on which the DECLARATORY STATEMENT petitioner requests a declaration. 17-103.SOO Purpose and Use of (Sigmature of Petitioner) Declaratory Statement. A declara- tory statement is a means for deter- (Address) mining the rights of. substantially affected persons when a controversy, (Date) or when doubt concerning the applicability of any statutory provision, rule or order, has arisen hefore any wrong has actually been Specific Authority: 120.53(l), committed. The potential impact 120.54(9), 120.565, F.S. Law upon petitioner's interests must be Implemented: 120.53(l), 120.54(9), alleged in order for petitioner to 120.565, F.S. History: New 2-6-78, show the existence of a controversy Transferred from 17-1.120, 6-1-84. or doubt. Specific Authority: 120.53(l), F.S. 17-103.520 Department Law Implemented* 120.53(l), F.S. Disposition. History* New 2-6-78, Transferred (1) A Department order rendered from 17-1.1111, 6-1-114* pursuant to Section 120.565, Florida Statutes, shall only he applicable 117-11034118 Petition. to the petitioner. (1) The petition seeking a (2) The Department may at its declaratory statement shall be filed discretion, either upon its own mo- in writing with the Department. tion or upon request, hold a hearing (2) A form for submission of to dispose of a petition submitted such petition shall he substantially pursuant to Section 120.565, Florida as follows: Statutes. (3) A department order shall be rendered within sixty (60) days PETITION FOR after receipt of the petition; DECLARATORY STATEMENT provided however, if a hearing is TO THE FLORIDA DEPARTMENT held, the Department order shall he OF ENVIRONMENTAL REGULATION rendered within thirty (30) days of 1) Name of Petitioner: the hearing conclusion and receipt 2) Address of Petitioner: of the transcript, if any. 3) Agency rule, order or statu- (4) The Department shall notice tory provision on which declaratory in the Florida Administrative Weekly statement is sought: that a petition has been filed. The 4) The precise factual cir- notice shall contain sufficient cumstances giving rise to the peti- information to advise substantially tion: affected persons of the proceedings. 5) Description of how this (5) The hearing, if granted by rule, order or statute may or does the Department, shall be conducted affect the petitioner; and pursuant to Section 120.57, Florida AD 17-103.500 -- 17-103.520(5) 2-20-85 521 DER1985 RULES OF ADMINISTRATIVE PROCEDURE - NON-RULEMAKING 17-103 Statutes;, Or as otherwise agreed upon by the Department and the parties. Specific Authority: 120.53(l), 120-54(10), 120.565, F.S. Law Implemented: 120.53(1), 120.54(10) 120.565, F.S. History: New 2-6-78, Transferred from 17-1.121,6-1-84. 17-103.520(5) -17-103.520(History) 2-20-85 522 DER1984 ADMINISTRATIVE PROCEDURESMATER RESOURCES PROGRAM 17-104 CHAPTER 17-104 ADMINISTRATIVE PROCEDURES FOR THE WATER RESOURCES RESTORATION AND PRESERVATION PROGRAM 17-104.010 Purpose. (2) "Water resource" shall in- 17-104.020 Application of Rules. clude, but not be limited to rivers, 17-104.030 Definitions. lakes, streams, springs, impound- 17-104.040 General. ments; and all other waters or 17-104.050 Limitation of Funding. bodies of water, including fresh, 17-104.060 Application of Funds. brackish, saline, tidal, surface or 17-104.070 Criteria for Selection underground. of Proposals and for Specific Authority: 403.061(28), Allocation of Funds. F.S. Law Implemented: 403.0615, F.S. 17-104.080 Award of Funds. History: New 5-29-78, Transferred from 17-1.125, 6-1-84. 17-104.010 Purpose. The pur- pose of these rules is to set forth 17-104.040 General. the criteria for the allocation (1) Funds from the Water Re- of funds pursuant to the Water Re- sources Restoration and Preservation sources Restoration and Preservation Program shall be used only for res- Act. These rules are adopted pur- toration or preservation proposals suant to Chapter 77-369, Laws of which in the determination of the Florida and Section 403.061, Florida department, show promise of long- Statutes. term effectiveness. Specific Authority: 403.061(28), (2) Funds from this program F.S. Law Implemented: 403.0615, F.S. shall be available only to state, History: New 5-29-78, Transferred regional, and local government from 17-1.123, 6-1-84. entities for use in the restoration and preservation of water resources. 17-104.020 Application of Rules. (3) Funds from this program These rules shall apply to the shall not be awarded or used for the Florida Department of Environmental following purposes: Regulation and to all persons or (a) for construction of treat- organizations applying for or re- ment facilities fo r domestic or ceiving funds under the Water Re- industrial waste disposal; sources Restoration and Preservation (b) for restoration or preser- Act. vation of any wate 'r resource if, by Specific Authority: 403.061(28), time of completion of restoration, F.S. Law Implemented: 403.0615, F.S. point sources affecting the water History: New 5-29-78, Transferred resource will not be in compliance from 17-1.124,. 6-1-84. with applicable standards, and a program approved by the department 17-104.030 Definitions. As used will not have been implemented for in this chapter: control of pollution from non-point (1) "Department" is the Florida sources; Department of Environmental Regu- (c) for restoration or preser- lation. vation of any water resource if the 17-104.010 17-104.040(3)(c) 6-1-84 523 DER1984 ADMINISTRATIVE PROCEDURES /WATER RESOURCES PROGRAM 17-104 water resource is inaccessible to (b) the actual restoration or the public; or, preservation of a water resource, (d) fo r the harvesting of for up to eighty percent (80%) of aquatic vegetation, the purchase, that part of the total project cost use or maintenance of lake aeration not funded by federal moneys. devices, or for any other pallia- (3) Contracts for projects of tive, temporary, or cosmetic res- unusually high scientific value and torative treatment, except when. such exceptional difficulty of successful are an integral part of a water rfsto ration, as determined by the resource restoration program which department, may be awarded for: is determined by the department to (a) a study of feasibility be long-lasting and designed to without a "percent of total cost" treat the actual causes of the limitation- as described in Rule resource problems. 17-104.050(2)(b), FAC; and, (4) The department shall re- (b) the actual restoration or quire, as a condition of project preservation of a water resource approval, that the governmental without a "percent of total cost" organization sponsoring the project. limitation as described in. Rule coordinate the implementation of the 17-104.050(2)(b), FAC. project with-other affected govern@ (4) In no case will more than mental agencies. This coordination two awards be made in a single year shall include obtaining the appro- fo r projects of high scientific priate permits for the approved work value and exceptional- difficulty before implementation from al@l which are to receive funding in local, state and federal agencies excess of sixty percent (60%) of 0 authorized to require permits for the total cost of a feasibility such activities. study, unless otherwise provided Specific Authority: 403.061(28), by law. F.S. Law Implemented: 403.0615, F. S. 1(5) In no case will more than History: New 5-29-78, Transferred two awards be made in a single year from 17-1.126, 6-1-84. fo r projects of high scientific value and exceptional difficulty 17-104.050 Limitation of which are to receive, funding in Funding. excess of eighty percent (80%) of (1) Funding shall be based upon that part of the total cost of a contract between the department restoration or preservation not and the recipient of the funds, funded by federal moneys, unless setting forth conditions which shall otherwise provided by law. apply to the use of the funds. The Specific Authority: 403.061(28), contract may require actions and F.S. Law Implemented: 403.0615, F.S. responsibilities of a continuing History: New 5-29-78, Transferred nature from the recipient. from 17-1.127 'and Amended 6-1-84. (2) Contracts for standard res- toration and preservation projects 17-104.060 Application of may be awarded for: Funds. (a) a study of feasibility, for (1) Application of Water Re- up to sixty percent (60%) of the sources Restoration and Preservation total cost of the study; and Funds shall be made on DER Form 17-104.040(3)(c) 17-104.0600) 5 2 4 DER1984 ADMINISTRATIVE PROCIEDURIESMATER RESOURCES PROGRAM 17-104 17-1.214(l) supplied by the depart- been collected; and, ment. W documentation of the degree (2) Information to be supplied of public concern about the project, in or pursuant to the application as evidenced by news media coverage, shall include, but not be limited public expenditures, citizens' asso- to: ciations, or other means. (a) a description of the mor- (3) Specific items of informa- phometry of the water resource, tion may be omitted at the discre- including surface area, mean depth, tion of the department, based upon a bathymetry, and nutrient; and water case by case determination of their budget, if available; necessity. i (b) a description of current Specific Authority: 403.061(8), F.S. and project land use practices af- Law Implemented: 403.0615, F.S. fecting the water resource, and History: New 5-25-78, Transferred local ordinances, land use plans or from 17-1.128 and Amended 6-1-84. zoning which may affect the land use; 17-104.070 Criteria for Selec- (c) a description of the nature tion of Proposals and for Allocation of possible pollutants. of the water of Funds* Selection of proposals resource, the history of the prob- for restoration or preservation lems, and any treatment already shall be based upon a consideration attempted; of: (d) identification of the (1) the severity of the problem CO nature and quantity of point and which shall be determined by the nonpoint pollution affecting the department with regard to the foi- water resource; [owing factors: (e) an explanation of existing (a) conditions that adversely and proposed programs which have affect the water resource; been, and are directed at reducing (b) conditions that change the or eliminating pollutant discharges biological Integrity of the water into the water; resource; (f) a listing of studies in W conditions that inhibit progress or already completed on the life forms or threaten elimination water resource; of life forms in the water resource; (g) a description of the pro- (d) conditions such as eutro- posed method of restoration and/or phication or ecological distur- preservation, including its tangible bances; and intangible economic costs; (e) costs to the public of (h) a description of the pro- meeting or maintaining water quality visions made for public access and standards; and, public control; (f) conditions which inter- (I) an estimate of the time mittently or frequently prevent a required for the restoration; beneficial use. (j) a listing of any lawsuits (2) The feasibility of restora- concerning pollution of the water tion or preservation (the extent to resource, particularly including which restoration or preservation is those for which any damages or likely to be accomplished by the penalties are being sought or have proposed treatment) which shall be 17-104-060(l) 17-104.070(2) 6-1-84 5 2 5 DER1984 ADMINISTRATIVE PROCEDURES/WATER RESOURCES PROGRAM 17-104 determined by the department with comprehensive water quality program; regard to the following factors: (f) whether the water resource (a). whether the restoration is designated as a national resource treatment proposed will have benefi- water, a geographical area of par- cial effects for an extended period ticular concern under the approved of time; state Coastal Zone Management Pro- (b) whether the restoration gram, or other rare or unique eco- treatment proposed is compatible system; and, with sound environmental practices; (g) Comments from, and interest (c) the extent to which pol- expressed by, the public. lutant discharge into the water Specific Authority: 403.061(28), resource has been reduced; F.S. Law Implemented: 403.0615, F.S. (d) whether the treatment or @History: New 5-29-78, Transferred investigation proposed is likely to from 17-1.129, 6-1-84. produce ne)N knowledge of a transfer- rable technique in water resources 17-104.080 Award of Funds. restoration or preservation; and, (1) Applications for a study of (e) the extent to which the feasibility of restoration or pres- local and regional governments with ervation may be submitted at any jurisdiction over the water resource time, however, awarding of funds and adjacent areas have implemented, will depend on available moneys. or will have begun to implement, a (2) The department shall con- water quality program to protect sider only those applications for and enhance the water quality of actual restoration or preservation the subject water resource by the received by September I for funding time restoration or preservation In the following fiscal year, unless is Initiated. otherwise provided by law. To assure (3) The interest and involve- consideration for funding, applica- ment of governmental entities and tions and supporting information and the public which shall be determined data should be as complete as pos- by the department with regard to the sible. Applications should be sub- fol,lowing factors: mitted as early as possible before (a) an endorsement by the September 1 to allow comprehensive governing board of the governmental review and expeditious processing. entity sponsoring the project pro- (3) After applying the selec- posal; tion criteria described in Rule (b) comments from the appro- 17-104.070, FAC, all restoration'and priate Water Management District, preservation applications shall be the Game and Fresh Water Fish ranked in order of their priority Commission, and the Department of and submitted to the Secretary for Natural Resources; approval. The Secretary shall then (c) the amount of public access approve or disapprove, in writing, and the extent of use by the public; the awarding of funds to the highest (d) whether the local govern- ranked projects to the extent of the ment has expended funds to restore funds available for restoration and or preserve the water resource; preservation. (e) whether the local govern- (4) Projects funded in the ment has adopted and implemented a preceding year and not completed are 17-104.070(2) 17-104.080(4) 6-1-84 526 DER1994 ADMINISTRATIVE PROCIEDURIESMATER RESOURCES PROGRAM 17-104 eligible for further funding without reapplication. (5) Selection of a project may be made contingent upon the project proposal receiving supplemental funding from sources other than the Water Resources Restoration and Preservation Program. If a proposal which was selected for funding con- tingent upon the receipt of other funding does not, in fact, obtain the supplemental funding by May 30, the funds proposed to be awarded by the department may be reallocated. (6) Projects shall be imple- mented statewide with, to the extent' feasible, an equitable geographic distribution, unless otherwise pro- vided by law. I. Specific Authority: 403.061(28), F.S. Law Implemented: 403.0615, F.S. History: New 5-29-78, Transferred from, 17-1.130 and Amended 6-1-84. 17-104.0800) 17-104.080 (History) 6-1-84 5 2 7 A XM-T EAR SITE PLANS CIL 22E-2 General' Authority 20.05, 20.31 FS. Law (2) The review process. RULES 22E-2.02 Dermitions. The terms used in Implemented 23.0191 IS. History-New 10-2- 73. The review process itself will. involve OF THE the rules for ten-ycar site plans are defined as 22E-2.03 Fees. As authorized by the participation by several agencies under the DEPARTMENT OF ADMINISTRATION follows: Florida Electrical Power Siting Act, each coordination of the Division of State Planning. 1. Electric Utility means cities and towns, utility will be required to pay a study fee with These agencies include: COMPREHENSIVE PLANNING counties, public utility districts, regulated each ten-ycar plan submitted. The rate I. The Department of Pollution Control electric companies, electric cooperatives and schedule for fees is based on MWH of energy 2. The Public Service Commission CHAPTER 22E-2 joint operating agencies, or combinations sold annually and is as follows: 3. The Department of Natural Resources TEN-YEAR SITE PLANS thereof, engaged in or authorized to engage in Greater than 4. The Department of Transportation the business of generating, transmitting, or 500,0W MWH _S1000 5*-The Department of Agriculture and 22E-2.01 Introduction (Purpose). distributing electric energy. 100,000 to 500,000 Consumer Services 22E-2,02 Definitions. 2. Site means any proposed location MWH - 500 6. The Department of Community Affairs 22E-2.03 Fees. wherein a power plant, or power plant Less than 100,000 7. The Department of Health and 22E-2.04 Submission and Review of the alteration or addition resulting in an increase MWH - 250 Rehabilitative Services Ten-year Site Plans. in generating capacity, will be located, General Authority 20.05, 20.31 FS. Law 8. The Game and Fresh Water Fish 22E-2.05 Contents of Ten-year Site including offshore sites within state Implemented 23.0191 FS. History-New 10.2-73. Commission Plans. jurisdiction. 9. The Coastal Coordinating Council 22E-2.04 Submission and Review of the 10. Ile Board of Trustees of the Internal 3. Electrical Power Plant means any steam Ten-yvar Site Plans. Improvement Trust Fund. Changes to the list [email protected] Introduction (Purpose@ Section or solar electrical generating facility using any (1) Who must rile of participating agencies may be made by the 403.505 of the Florida Electrical Power Siting process or fuel, including nuclear materials, Each electric utility in the State of Florida is Division at any time. The participating Act requires that all electric utilities operating and shall include those directly associated required to submit a ten-year site plan to the agencies and their roles are summarized in in the State of Florida submit to the Division of transmission lines required to connect the Division of State Planning annually on April Figure I and the schedule of the review process State Planning, a ten-ycai plan which will electrical power plant to an existing I - the plan shall date from April I of the year is shown in Figure 2 attached to these rules. include: transmission network. in which it is submitted. (1) An estimate of electric power-generating 4. Commence to Construct means any If an electric utility has no plans to expand The Division of State Planning is needs. clearing of land, excavation, or other action responsible for the conduct of the preliminary its existing facilities for the generation of studies of the ten-year site plans and will (2) Disclosure of the general location of which would adversely affect the natural electricity, and/or if it currently serves only as proposed power plant sites. The Division of environment of the site, but does not include classify the plans as "suitable" or State Planning is required to make a any changes for temporary use or preparation a. distributor of power purchased from other ---unsuitable". The division will complete its preliminary study of each plan submitted, and of the site. utifitics, it will be required to submit a plan review of the plans within nine months each plan as "suitable" or 5. Directly Associated Transmission Lines ings, to, each repoo i" Y information only on -existing, capacity.. 'find ing ut lity@ a ong -wit to classify only in the first year (1974) and provide following submission and will, repoit, 'its unsuitable" within twelve months of receipt. means only new right-of-way ceirridior and Subsequeptincreases in demand in tberr@giclns any appropriate comments 0, As the result of its.reviewi, the Di.vision, may. new ' transmission "lines 'frorif the. clectAcal gqt. n- ic.pl ans- to t os .e !p,ropbsed" in _'POwtf I0a re on ,an existing serviced by such utilities will be reported in the recommendations, The Division's findings 'siij' lalter"a 1"J, h m to the first str@ctlli ten-year plans of the utilities generating the will also be available to reviewing agencies and conducting its review, the Division is required transmission system. power to be sold. Forecasts of demand for other persons or organizations requesting to consider: 6. Potential Sites are sites which a utility is additional power shall be prepared by each notification. 1. The need for electrical power in the area considering, or has considered, for possible purchasing utility and submitted to the utility The findings of the Division and the to be served, including need as determined by location of a power plant. Such sites shall be generating the power sold. Such submissions classification of specific plans as suitable or the Florida Public Service Commission. generally disclosed in the ten-year site plan. shall be Prepared in accord with these rules unsuitable are to be considered as ad%- 2. The anticipated environmental impact of 7. General Disclosure means specifying the and shall be made on or before October I of statements providing guidance to the ut* an electrical power plant on the area. Multi-County Planning Region in which a each year. for their planning purposes only. Findi 3. Possible alternatives to the proposed power plant may be sited and identifying areas If a nonreporting utility clects to construct the Division will be made availaW plan. within that region which are considered not additional generating facilities exceeding 50 Department of Pollution Control 4. The views of appropriate local, state, and suitable for plant sites. Criteria to be used MW generating capacity, it must submit a the responsibility to certify site'. Federal agencies. determining that an area is not suitable shall plan in the year the decision is made or at least Florida Electrical Power Siting Act. In addition, the Division is required to include at least: the availability of cooling three years prior to application for The law recognizes that the ten-ycar site adopt rules for the submission, processing, and water, environmental sensitivity, current and certification, and every year thereafter until plans will be based upon tentative information, study of the ten-year plan. These rules projected land-uses and economic factors. the facility becomes fully operational. and are consequently subject to change at ally establish the requirements fordata, format and 8. Preferred Sites are sites on -which a All utilities with existing generating time. Accordingly, initial findings of the information to be submitted in the ten-year utility intends to construct a power plant, capacity of 250 MW or greater must file Division regarding the suitability of proposed plan and the procedures to be used in reviewing provided certification is obtained. These sites annually, regardless of expansion plans. plans are subject to modificat ions as the and processing these submissions. The shall be fully disclosed in the ten-year site plan On a voluntary basis, the utilities in Florida amount of data available regarding various site Division may, from time to time, elect to as soon as all parcels of land making up the site will seek to cooperate in compiling a alternatives int-rcases. In the same manner. modify rules. Such modification will lie made have either been purchased by, or are under comprehensive state-wide plan embracing plans that have been previously classified toy in accord with the requirements of Chapter option to. the utility or are tile Sol) *ject of individual utility plans and will endeavor to he Division as unsuitable, may be declared 120 of the Florida Statutes and will Ile condemnation proceedings, or as soon AS tile submit this plan to the Division by May I of sUil.114C, based on additional available data. consistent with Section 403.505 (if the Flori&j decision has been inade to silea plant off-shore. each year. Electrical Power Siting Act. 9. Full Disclosure 111C.111IS I @Ool pI Cie Genrral Audwrhy 20.05, 20-11 ES. La. Gencral Authoriq- 20.05, 21`11-31 FS L.- identification (If a spe6fir area (if )and or of a linpirnicnied 210191 F.S. llisttwy-New 10-2-73. Implemente,123.001 F.5 1145wry-New 10.2-173 pretise off-shore location. 986 FEN-YEAR SITE PLANS CH. 22E-2 CH. 2je DEPARTMENT OF ADMINISTRATION FIGURE I FIGURE 2 Review and Approval Review Schedule Process and Responsibilities NIONTH Local and Regional Federal The General Governments Government Public ACTIVITY I 2 3 4 5 6 7 8 9 10 it 12 Ten Year Plans Sub. mitted � Compliance State Consolidated i with Appropriate a Compliance Plan Submitted Regulations with Appropriate Views and � judgment or Regulations Comments Division of State Planning Review for Compliance Plans with Instructions P6blic Service Commission Need Evaluation Departmcni of Pollution Control Environmental Impact Assessment Assessment by other State Agencies Local and Regional Agency Division of State Planning Action Review and Comment (ark Citizen Review & Comment 6 Establish Review and Evaluation Suitability or Preparation of Unsuitability Suitability Reports Issuance of Suitability Reports Revision of Ten Year Plans Resubmission of Plans 22E-2.05 Contents of Ten-year Site provided by the Division. Plans. The ten-year site plans will contain, as These forms and instructions may be revised appropriate to the filing utility, the following by administrative action. They provide a Public Service e Other categories of information: uniform procedure and format for presentation Commission of State I. A Description of Existing Facilities of the following required information. Contra] Agencies 2. A Forecast of Electric Power Demand (1) Description of Existing Facilities. 3. A Forecast of Facilities Requirements A description of each utili(y's existing 4. A Description of Proposed Sites and generating and transmission facilities will be Facilities provided in the ten-year site plans to permit an Determination Environmental Review and Evaluation 5. A Preliminary Assessment of evaluation of the capabilities of existing utility of Need for Impact of Appropriate Elements Environmental Effects of Proposed Facility resources. The information it) be provided Facilities Assessment of Plans Sitings shall include at least: Data and information will be presented on 1, A description of electric power forms, and in accord with instructions, gencrafing facilities. 987 988 IL111. 22L-2 DEPARTMENTOF ADMINISTRATION 2. An electric system map or maps showing generating requirements with resulting 2. A preferred site shall he fully disclosed pending, certification denied) should be all transmission lines with voltage rating of 230 rmrve margins, and a summary of additional for each required facility no later than two indicated in the plan. KV or greater and all intertics with voltage planned electric generating capacity (MW) to years prior to the filing of an application for The requirements for environmental and rating of 69 KV or gmater, as well as the become operational in the ten-year forecast site certification. At the time of disclosing a land-use data shall consider the variables and boundaries of the reporting utility's service period. preferred site, the utility shall designate one of physical parameters and be submitted in the area. 2. The total generating capacity (MW), the the potential sites considered in the selection format specified by the DPC. Until rules for (2) Forecast of Electric Power Demand number of generating units and the type of fuel process as an alternative to the preferred site. A site certification are promulgated the data TU demand forecast will provide the key to be used for each facility on which description shall be given of each preferred site requirement shall be as follows: element of the demonstration of the need for construction will commence during the disclosed in the plan and of the facility to be a. General comparative environmental and additional generating capacity, and hence the ten-year forecast period. located thereon. The site description shall land-use data shall include information on: nequiremene for additional power plant sites. 3. Historical and forecast requirements for include appropriate maps indicating physical -Existing air and water quality in the Vw forecasting horizon must be sufficient to fuels to be used in the utility's existing and characteristics of the site and corridors for vicinity of the site irmre that the need will be established for all proposed generating facilities. prop@sed transmission lines directly associated -potential impacts of air and water facilities on which construction will commence 4. The number and operating voltages of with the proposed facility, as well as facilities emissions resulting from construction and wAin ten years. The forecast should include transmission lines associated with proposed layouts and site preparation plans. The facility operation of the proposed plant at the site at least: generating facilities. description shall include specifications of the -Current land-uses at the site 1. A tabular and graphical display of (4) Description of Proposed Sites and proposed generating, cooling and -Potential ecological impacts of hisk rical and forecast energy consumption Facilities pollution-control equipment and of directly constructing and operating a plant at the site (MWH) by customer classification The Division of State Planning recognizes associated transmission lines, as well as -The availability of cooling water and the (mc:.'ential, commercial, and industrial) that, in their normal process of selecting sites descriptions of all major structures. Data potential thermal impacts on receiving waters within the reporting utility's service area. Sales for future power plants. utilities may consider provided in the facility descriptions shall be the or the atmosphere of operating a plant at the Znd in within the state and out-of-state and evaluate several potential sites before a best available at the date the plan is submitted site S,ho,i icluded and identitiod. preferred site is identified. It is further and shall. be updated in each subsequent -Potential aesthetic impacts 1-ir and graphical display of recognized that there is a need for releasing submission. The Division shall reserve the -The severity of impacts resulting from 1-isv .0recast winter and summer differing degrees of information at different right to waive the time requirements for any projected radioactive emissions in the reporting service area. times about the sites being considered before an identification of potential and preferred sites. b. Detailed environmental and land-use i. Y! recast of peak loads for the first application for certification is riled with the (5) Preliminary Assessment of data shall include appropriate: -t years shall also be provided. Department of Pollution Control. From an Environmental Effects of Proposed Facility -Hydrological data ...Aisplay of historical ajid forecast peak environmental assessment and land planning Siting Meteorological data d=and lcvels. for major load cehtces'(M`W). 'vitwpoint,,however, asspecifica site disclosure. @Environrnental and land-use clata@ shall be @-Dcicriptions of existing flora and fauna 0 Uch uWitY,suWnittihg a ten@y`ear t@rcciit '@siposs'flblc is necessary so that tl@tc Division can submitted to (he Division for each potential -Data on current air pollution levels in the may select its own forecasting methods and make a timely assessment of any adverse and preferred site disclosed in the ten-year Federal Air Quality Control Region(s) prn Mures, but is required to pi@Gv@de environmental effects, and obtain the views of plan. This data will permit the Division, in surrounding the site Jac ncntation of the forecasting procedures Io-cal,-othc-r sta-tc,-an'd federal agencies, as well cooperation with the Department of Pollution -Data on pollution levels (thermal and I use- and the rationale for their use, a as private citizens. Control (DPC) and others to make a chemical) in waters on or adjacent to the site dcarip-zion of the types of data and data sources In accord with both of these considerations, preliminary assessmcnt of the environmental -Data on projected air emissions during ured, and a discussion of any significant the following rules for disclosing prospective effects of a proposed facility siting prior to the construction and operation and control assumptions and informed judgments implicit power plant sites shall apply: submission of an application for certification. procedures in the forecast. 1. Potential sites for each new facility The submission of environmental impact -Data on projected waterborne wastes (Y. Forecast of Facilities Requirements identified in the requirements forecast shall be data to the Division of State Planning shall be during construction and operation Each filing utility shall illustrate how its generally disclosed in the plan as soon as in accord with the following general rules: -Data on projected thermal discharge and existing and proposed generating facilities will possible following determination of the need 1. General comparative environmental and related effects pmvide for the forecast load. The capacity for additional gencrating'capacity and no later land-use data shall be submitted for each -Data on solid waste generation and ficirecast shall consider all existing generating than rive years prior to the riling of an potential site under consideration for each disposal during construction and operation capability and all plants currently under application for site certification. At least two proposed facility. This data shall be -Data on projected radioactive emissions construction, and compare this total capability and no more than four potential sites for each sufficiently detailed to permit the relative and proposed safety plans to projWed demand plus required reserves to required facility shall be submitted to the effects of siting a power plant at each of the -Description of proposed procedures and determine requirements for additional Division for review. A map shall be provided of potential sites to be assessed in qualitative equipment for monitoring all pollutants generating facilities of 50 MW capacity or the Multi-County Planning Region terms. -Data on noise emissions and control greater. The requirements forecast shall designated as the general location for each 2. Detailed environmental and land-use procedures identify all such facilities for which potential site and the areas within that region data shall be submitted for each preferred site -Description of potential aesthetic impacts construction is planned during the ten-ycar considered not suitable for a site shall he clearly identified in the plan and general comparative of the proposed facility period following April I.of the forecast year. shown. The relative acceptability among the data shall be submitted for the alternative -Description of any impacts on historical, Specific information to be provided in the potential sites disclosed shall be indicated. selected for that site. recreational or natural areas forecast of facilities requirement shall include: Whenever it is possible for a utility to disclose 1 -When an application forcertification of a -Data on existing land-uses in a 100 1, A forecast of additional electric the general location of a potential site more preferred site for a proposed facility has been square mile region surrounding the proposed generating capability requirements (MW) precisely than by designation of the filed with (he DPC, no further environmental site including a ten-year historical record of Multi-County Planning Region, it should do data need be submitted for that site. I lowever, General Authority 20.05, 20.31 FS. Law ope . -year projection of so in the plan. _ratin 0 9 statistics, a ten 989 the status of the site (e.g., certified, certification 990 Implemented 23.0191 FS. 11is(o 0 10.2-73. )F THE GOVERNOR 318 GENERAL 27F-1.12 319 ADMINISTRATION COMMISSION effect ope health, safety or welfare of citizens of certification shall not affect any Comprehensive CHAPTER 27F-i more than one (1) county, as defined in Section Development Proposal previously approved LAND PLANNING 380.06, Florida Statutes. unless the Bureau rinds that the change in the (3) All the terms defined in Section 380.031, Regulations will perinit the developer to deviate PARTI GENERAL Florida Statutes, shall have the meanings substantially from the terms of the original (Formerly 22F-1) enumerated in such statute, whenever used in this approval. chapter. Specific A whority 20.05, 14.202 FS. La w Implemen ted PART I GENERAL (4) "Comprehensive Development Proposal 380 FS, HistOly-New 6-26-73, Formerly 22F-1.02. 27F-1.01 Definitions. Regulations" means land development PART H - RULES OF PRACTICE AND 27F-1.02 Comprehensive Development regulations which set forth a procedure or process, PROCEDURE PERTAINING TO Proposal Approval and however denominated, which enables a local DEVELOPMENTS OF REGIONAL Certification of Regulations. government to be provided with sufficient IMPAC`T PART 11 - RULES OF PRACTICE AND information for it to make a reasonable and Subpart A - General PROCEDURE PERTAINING TO informed cictennination of the total impact of a DEVELOPMENTS OF REGIONAL proposed development on the environment and 27F-1.10 Purpose.Thepurpowofthescruies IMPACT ral resources; on the economy; on water, is to make available uniform procedures and natu sewer, solid waste disposal and other necessary idelincs of statewide applicability pertaining to Subpart A - General public services and facilities; on transportation gu the administration of Chapter 380, Florida 27F-1.10 Purpose. facilities; on the ability of people to rind adequate Statutes, as it relates to developments of regional 27F-1.1 I Applicability. housing reasonably accessible to their places of 7- pact; to carry forward the Bureau's 1M 27F-1-12 Public Participation. employment; and that provides assurance that the. responsibility to coordinate planning between the 27F-1.13 Notices, Agenda, Conduct of development will not deviate substantially from state and local levels'of government and with the Proceedings. the terms of the approval. regional planning agencies designated by the 27F-1.14 Weekly List. (5) "Bureau" means the Bureau of Land Bureau pursuant to Subsection 380.031 (13), 27F-1.15 Guidelines and Standards. and Water Management, Department of Florida Statutes; and to promote consistency and 27F-1.16 Binding Letters of Interpretation. Community Affairs, and is synonymous with the uniformity in the data to be considered in the 27F- 1. 1 7 Application Procedure. "state land planning agency" referred to in planning process. 27F-1.18 Reserved. Chapter 380, Florida Statutes. Specific Authority 20.05(5), 23.0115(i). 23.012(3), 27F-1.19 Reserved. Specifir A uthority 20.05, 14.202 FS. Law Implemented 120.53(i),FS. Law Implemented23.0115(i),23.012(3), 380 FS. History-New 7-1-73, Amended 6-26-73, 120.53(i),380.06 FS, History-New 7-7-76, Formerly Subpart B - Development of Regional Impact Formerly 22F- 1.01. 2,2F- I. la Procedures in Regulated jurisdictions 27F-1.20 General Requirements. 27F-1.02 Comprehensive Development 27F-1.11 Applicability. These rules shall 27F-1.21 Notice of Public Hearing. Proposal Approval and Certification of apply to the Bureau of Land and Water 27F-1-22 Regional Report and Regulations. Management, Department of Community (1) If a local government has adopted Affairs, and all developers engaged in ap- Recommendations. Comprehensive Development . Proposal 27F-1.23 Local Development Orders. Regulations that have been certified b plications to or proceedings before the Bureau. 27F-1.24 Alternative Review Procedure. I y the Bureau Thew rules shall be utilized by all regional 27F-1.25 Reserved. pursuant to this rule, and a developer ha .s been planning agencies to the extent provided by law or 27F-1.26 Reserved. granted a development order approving a agreement with the Bureau. It is intended that, Comprehensive Development Proposal under where appropriate, these rules may be utilized by Subpart C - DRI Procedures in Unregulated those Regulations, then any incremental all local governments with jurisdiction over Jurisdictions developments specified within the Comprehensive proposed developments of regional impact, and 27F-1.27 Ninety Day Notice Requirement. Development Proposal as approved need not be any developer proposing to undertake a 27F-1.28 Reserved. treated as separate developments during such development Of regional impact. 27F-1.29 Reserved. Period, not to exceed rive years, as is specified in Specifir Authority 20.05(5), 23.0115(l), 23.0120), the development order. 120.530) FS. Law Implemented23.01150), 23-0120), Subpart D - Developments of Regional Impact Procedures in Areas of Critical State (2) If a local government wishes to grant 120.53(t), 380.031,380.04 FS. History-New 7-7-76, Concern Comprehensive Development proposal Formerly 22F- 1. II. 27F-1.30 Areas of Critical State Concern. Approvals as outlined in subsection (1), it shall 27F-1.12 Public Participatiom Public 27F-1.31 Forms. submit the relevant portions of its land participation is an iiitegral part of the development regulations to the Bureau for development of regional impact review process. PARTI - GENERAL certification. If such regulations are certified by Each agency having statutory or contractual the Bureau as Comprehensive Development responsibilities relating to Section 380.06, Florida 27F-1.01 Definitions. Proposal Regulations, then development orders Statutes, should encourage public communication (1) "Development"mcansthecarryingoutof regarding Comprehensive Development and input and keep the public fully informed any building or mining operation or the making of Proposals shall have the effect specified in about the status and progress of agency actions, any material change in the use or appearance of subsection (1). The Bureau shall specify the including petitions for binding letters of any structure or land and the dividing of land into period of effectiveness of the certification. interpretation, adoption, revision and repeal of three (3) or more parcels, as defined in Section (3) Any change by a local government in rules receipt of notice of intent to undertake 380.04, Florida Statutes. (2) "Development of regional impact" means certified Comprehensive Development Proposal development of regional impact in an unregulated Regulations shall terminate the certification of ' sdiction, receipt of notice of Filing an any development which, because of its character, those Regulations, and the Regulations shall be Jon magnitude or location, would have a substantial . . f application for development approval for a submitted for recertification. Termination o development of regional impact, and proceedings 27F-1.16 EXECUTIVE OFFICE OF THE GOVERNOR 320 321 GENERAL 27F-1.16 with regard to developments of regional impact. (12), Florida Statutes, or whether a proposed payment of costs. applicant to the appropriate regional planning Specific Authority 20-05(5). 23.0115(l), 23.012(3), substantial change to a development of regional (4) The Bureau's policy is to monitor all agency(ics) and local government(s) as defined in 120.53(l) FS. Law Implemented 23.012(3), 120.53(t), impact previously vested pursuant to Section development types set forth in Chapter 27F-2, Section 380.031, Florida Statutes, at the time it is 3BO.021, 380-06 FS. Hislary-New 7-7-76, Formerly -380.06(12), Florida Statutes, would divest such Florida Administrative Code, which exceed the submitted to the Bureau. If the information 22F- 1. 12. rights, he may request a Binding Letter of applicable numerical threshold contained in presented is sufficient to determine that the 27F-1.13 Notices, Agenda, Conduct of Interpretation from the Bureau. Prior to Chapter 27F-2, Florida Administrative Code. proposed development is not a development of Proceedings. With respect to developments of submitting a formal request, the developer is The Bureau will also monitor developments less regional impact, the Bureau shall issue a binding regional impact, the Bureau shall notice, agenda, encouraged to consult with the Bureau staff to than the applicable numerical threshold contained letter. and conduct any proceedings in accordance with insure that proper information is presented. A in Chapter 27F-2, Florida Administrative Code, (6) If the Bureau determines that the proposed the Model Rules of Procedure, Florida request for a Binding Letter of Interpretation if the Bureau obtains information that such development is a development of regional impact, Administrative Code. shall be under the authority of Subsection development may have substantial regional the Bureau will make a determination as to Slorcific Authority 120.53(l) FS. Law Implemented 380.06(4)(a), Florida Statutes. The developer impact because of its character, magnitude or whether rights have vested pursuant to Subsection 120-53(l), 120.54(9), 380.06, 380. 10 FS. History- shall submit his request by completion of Form location. A developer may request a Binaing 380.06(12). Florida Statutes, if requested by the New 7- 7- 76, Formerly 22F. 1. 13. DSP-BLWM-12-76 (vested rights) or Letter of Interpretation from the Bureau to submission of Form DSP-BLWM-12-76. If the 27F-1.14 Weekly List. BSP-BLWM-13-76 (development of regional determine whether the proposed development is a information before the Bureau is sufficient to (1) The Bureau shall prepare each week, and impact), or DSP-BLWM-35-77 (substantial development of regional impact. As used above, determine that rights are vested, the Bureau shall mail to any person upon payment of reasonable change), as appropriate. These forms may be the term "monitor" means to notify a developer in issue a binding letter. charge to cover the cost of preparation and obtained upon request to a regional planning writing that a proposed development may be a (7) When requested by the submission of mailing, a current list of all notices of applications council or the Bureau, the address of which is 530 development of regional impact. This notice shall Form DSP-BLWM-35-77 and the Bureau has for developments of regional impact that have Carlton Building, Tallahassee, Florida 32301. include a copy of Chapter 380, Florida Statutes; determined that the proposed development is a been riled with the Bureau. The completed form shall be submitted to the Chapter 27F-1, Part II, Rules of Practice and development of regional impact and that rights are (2) The list shall provide information rel Bureau. Procedure Pertaining to Developments of vested, the Bureau shall make a determination as to the Bureau file number, the date of recei aung (2) The Bureau shall give notice of receipt of Regional Impact; and Chapter 27F-2, Part 11, to whether a proposed change is substantial, and, pt by the Bureau of the notice, name of the developer or an application for a Binding Letter of Development Presumed to be of Regional Impact. if substantial, whether the proposed change would his authorized agent, the name, tyK size, and Interpretation by publication in the Florida Copies of binding letter application forms are also result in reduced regional impacts. In order for the location of the proposed development, and public Administrative Weekly. Notice shall also be given included and may be used by the developer if he Bureau to make such determination, the developer hearing information. to the local government having jurisdiction over requests a Binding Letter of Interpretation from shall have furnished sufficient information for the Specific Authority 120.53(1) FS. Law Implemented the .proposed development and to the appropriat.: the Bureau, Bureau to have determined that the development 120.530), 3BO.06(9) FS. History-New 7-7-76, regional planning agency. A copy of the notice (5) The Bureau shall make an initial has acquired vested rights pursuant to Subset-lion Formerly 22F- 1. 14. shall be given 10 the applicant. determination as to whether the proposed 380.06(12), Florida Statutes. If the information @n 27F-1.13 Gu .idelines and Standards. (3) The Bureau shall review the complc.@A development is a development of regional impact. presented to the Bureau is stifficicnt-to determin, application form and, if necessary to an informed For each, request for a Binding Letter of that the change to a previously vesteddevelopment (1) The guidelines and standards under determination, request additional information. Interpretation for development of regional impact is not substantial or that the regional impact has Chapter 27F-2, Florida Administrative Code, The Bureau shall consider all written documents, status received by the Bureau, it is the Bureau's been reduced, in making such determination, the shall be used in determining whether particular written statements, and information submitted by policy to determine whether the proposed criteria pursuant to Subsection 380.06(4), Florida developments shall be presumed to be of regional the applicant or gathered and made part of the development would substantially impact more Statutes, shall be considered, and the Burcait :11,11 impact. record by the Bureau in its evaluation of the than one county using the information submitted issue a binding letter. (2) From time to time the Bureau may review application. The Bureau may initiate an on Form DSP-BLWM-01-79 and other factual (8) If the Bureau finds that the pi the guidelines and standards and make specific investigation of any statement in an application or information submitted by third persons including development is a development of r,,;- recommendations for change to the relative to other information submitted and may an appropriate regional planning agency and local that rights have not vested, or 1: Administration Commission. utilize in its evaluation any relevant facts obtained government. The Bureau may specify that all change to a previously vested deveit,. (3) In reviewing and recommending change to by such investigation or otherwise available to it. information submitted by thedeveloper or by third divest rights to complete the develop, the guidelines and standards, the Bureau shall The applicant shall be informed of any such facts persons relevant to a binding letter application issue a binding letter requiring comph, consider the statutory criteria specified in Section utilized by the Bureau and shall be given an must be transmitted to the Bureau by a date Chapter 380, Florida Statutes. The bindi, 380.06(2), Florida Statutes. opportunity to respond to them. The Bureau shall certain within the 60 day time period. Failure to shall include a summary of the factual, legal, and (4) The guidelines and standards, relating to solicit and accept submissions of information from submit such information by the specified date may policy grounds therefore, and shall notify the developments of regional impact, are adopted by an appropriate regional planning agency result in the information not being considered by applicant that he has a right to present additional rule by the Administration Commission upon (agencies) and appropriate local government the Bureau in its determination. The Bureau may testimony, evidence, or written statements to tile recommendation from the Bureau. Any changes to (governments), relevant to any application. The determine that proposed development below the Bureau pursuant to Subsection 120.57(2)(a)2, the guidelines and standards adopted by the Bureau may solicit and accept submissions from applicable numerical threshold contained in Florida Statutes, in opposition to its aLtion or to Administration Commission are subject to change any other third persons who rn@iy possess factual Chapter 27F-2, Florida Administrative Code, is a establish an appropriate record for appeal. or addition as provided in Section 380. 10, Florida information relevant to the Bureau's investigation development of regional impact if the Bureau has (9) In the event information cannot be Statutes. of an application. The applicant shall be offered determined that such development would have obtained sufficient for a determination whether Specifir Authority 12053(l) FS Law I-piemented an opportunity to respond to all submissions. A substantial regional impact. Likewise, the Bureau the proposed development is a developnirm of 120,53(1), 380.06(2), 380.10 FS. History-New copy of all submissions shall be provided to the may determine that a proposed development above regional impact, or whether rights have vested 7.7-76, Formerly 22F. I @ 13. applicant. In evaluating an application prior to the applicable numerical threshold contained in pursuant to Subsection 380.06(t), Florida 27F-1.16 Binding Letters of interpretation. making a determination, the Bureau may convene Chapter 27F.2, Florida Administrative Code, is Statutes, or whether the proposed change w a (1) If any developer is in doubt whether his a conference at the request of the applicant or on not a development of regional impact, if it previously vested development would divest rights proposed development would be a development of its own initiative, if, in its discretion, it considers I determines that such development will not have pursuant to Subsection 380.06(4)(b), Florida regional impact, or whether his rights have vested that such conference will advance its evaluation of substantial regional impact according to the Statutes, the Bureau shall so notify the applicant pursuant to Subsection 380.06(12), Florida the application. Any such conference shall be information obtained as a result of the application and provide him with a summary of the factual, Statutes, or whether a pro"d substantial recorded and shall be part of the record on which procedures. A copy of each application for a leg4l, policy or other reasons as to why the be Binding Letter of Interpretation and determination cannot change to a jiMlopment of regional impact the determination is made. A party shall ;gj&dc, and why it cannot previously veorsuant to Subsection 380.06 entitled to a transcript of any conference upon supplemental information shall be provided by tile issue a bindi K letterourrau shall give tlie 27F-1.20 ECUTIVE OFFICE OF THE GOVERNOR 322 323 GENERAL 27F-1.22 0 applicant an opportunity to present additional Property would impede activities on its property, council permit or other authorization to undertake provide copies of agency requests for additional evidence or to establish an appropriate record for lacked standing asparty torequest fornialadminisfrative development, and, in all cases, prior to information and the applicant's response to the appeal pursuant to Subsection 120.57(2)(a)2, hearing. Suivance River Area Council Bay Scouts of undertaking any development as defined in Bureau. Florida Statutes. America v. State Department of Community Affairs, Chapter 380, Florida Statutes. Specific Authority 23.0115(t), 23.012(3).120.33(l)FS (10) The initial determination made under App., (Ist) 384 So. 2d 1369 (1980). (3) In accordance with Subsections 380.06(6) Law Implemented 23.0115(t), 23.012(3), 120.53(l), subsections (4),(5),(6),(7),(8),or (9)above shall and 380.06(7), Florida Statutes, the developer Maw), 380.04,380.05. 380.06(5)-(12) FS. History- 27F-1.17 Application Procedure. Prior to New 7-7-76, Formeriv 22F-t.20. be made within sixty (60) days of receipt of the undertaking development of a development of shall file completed copies of an application for application. but not sooner than fourteen (14) days regional impact a developer should comply with: development approval with the local government 27F-1.21 Notice of Public Hearing. after publication of the notice in the Florida (1) Subpart B of these rules if the development having jurisdiction. Copies of the application (1) The appropriate local government shall should also be filed with the appropriate regional give notice and hold a hearing on the application Administrative Weekly. The time for issuance ofa is proposed within a regulated jurisdiction, which binding letter may be extended upon agreement as used herein shall mean a local government that lanning agency and the Bureau; copies of Form for development approval of a development of bctween the Bureau and the applicant. MP-BLWM-11-76, listed in Rule 27F-1.31, regional impact as required by Subsection has adopted a zoning ordinance or subdivision may be obtained from either of them. The 380.06(7), Florida Statutes. (11) The determination made pursuant to regulations, or both; or :;7 applicatic i should be Filed in accordance with the (2) The notice of hearing shall state that the subsections (4),(5),(6),(7), (8),or (9) above shall (2) Subpart C of these rules ifthc development id be final agency action unless within thirty (30) is proposed within an unregulated jurisdiction, local gov, -nment's applicable procedures and as proposed development would be a development of early as ossible in its permitting process. The regional impact. In addition to noticing the days of the date of mailing of said determination which as used herein shall mean a local the applicant requests in writing an opportunity to government that has not adopted either a zoning appropri: e regional planning agency may be Bureau, and the appropriate regional planning present additional testimony, evidence, or written ordinance or subdivision regulations; or determin- J by reference to Form agency, notice shall be given to the appropriate t DSP-BI.Whi-15-76, relating o regional Department of Environmental Regulation district Statements as provided herein. Such request shall (3) Subpart D of these rules if the development a to h be deemed to constitute a waiver of the sixty (60) is proposed within an area of critical state concern, planning agencies designated under Ch pter 380, office and to the Tallahassee Office, t e Florida Statutes. appropriate water management district office, It- ocriod for issuance of the binding letter of which as used herein shall mean a specific (4) If a proposed development project includes established pursuant to Chapter 373, Florida --ation. geographical area of the state defined by general 'iny time in the course of the preceding law or by rule of the Administration Commission two or more developments of regional impact, a Statutes, and to adjacent counties. int believes the determination involves pursuant to Section 390.05, Florida Statutes. developer may file a comprehensive development (3) When a development of regional impact is .."tte of material fact which requires a Specific Authority 120.53(l) FS. Law Implemented of regional impact application for development proposed within the jurisdiction of more than one cvidentiary hearing, the applicant may 23.012(3), 120.53(l), 380.06(5) IS. History-New approval pursuant to Section 380.06(13), Florida local government. the local governments, at the test a hearing pursuant to Subsection 7- 7- 76, Formerly 22F- 1. 17. Statutes. request of the developer, may hold a joint public 57(l), Florida Statutes, by riling a petition (5) Pursuant to Subsection 380.06(7), Florida hearing. 27F-1.18 Reserved. Statutes, the regional planning agency shall make Spedfic Authority 120.53(l) FS. Law implemented mant to Subsection 120.57(l) and the applicable Model Rule in Chapter 28-5, F. A. C. 27F-1.19 Reserved. a determination as to the sufficiency of the 120.53(l), 380.06(5) , 38aG6(7) FS History-New Ln (13) Notice of the issuance of a binding letter information contained in the application. 7.7-76, Formerly 22F-1.21. W s"ll be given to all parties to the proceeding, to Subpart B - Development of Regional (a) If the agency determines that the 27F-1.22 Regional Report and r t Impact Procedures in Regulated ipplication is sufficient to begin review, the Recommendations. ,W persons the Bureau finds may be affected by he binding letter, and to persons who have requested J%risdictions agency shall provide writteff notice to the Upon receipt ofthe notice ofpublic hearing appropriate local government and the applicant . (1) ), Florida notice. Binding Letters of Interpretation shall 27F-1.20 General Requirements. issued pursuant to Section 380.06(7 bind all state, regional, and local agencies as well (1) Chapter 380, Florida Statutes, creates the within Fifteen (15) working days of receipt of the Statutes, the appropriate regional planning a- the developer. application, stating that the application contains agency shall prepare a report and Spcoric Authority 20.05(5), 120.53(t), 380.032 following requirements, which are in addition to sufficient information for the agency to begin recommendations on the regional impact of the , applicable local land development regulations, for 380.06(4), 380.06(14)(a) FS. Law Implemented a developer proposing to undertake a dcvelopment review pursuant to the criteria of Subsection proposed development in accordance with the 120.33(l), 120.563, 380.06(4) FS. History-New of regional impact within a regulated jurisdiction, 380.06(8), Florida Statutes, and that a public criteria identified in Section 380.06(8), Florida 7-7-76, Amended 10-13-76, 1.23-78, 3.23-79, unless exempted under Subsection 380.06(12), hearing date may be set. Statutes. Formerly 22F. 1. 16. Florida Statutes: (b) If the agency determines that the (2) Copies of the completed report and Lihrmy References: Updating the DRIProccu. Henry application is insufficient, it shall provide written Dean, 53 Fla. RarJ 249,253 (April, 1979) (cites (a) Filing an application for development recommendations shall be submitted by the former noticetothe ppropriatc local government and the regional planning agency to the local government, applicant withi R uk 22F- 1. 16). 0 approval pursuant to Subsection 380.06(6), a n fiftecit (15) working days of the Bureau, and the developer within fifty (50) ANNOTA77ONS Florida Statutes; receipt of the application stating that the days after receipt by the regional planning agency Binding letter (b) A determination that the application for application contains insufficient information for of notice of public hearing. development approval contains sufficient the agency to discharge its responsibilities under Binding knerofinterprctation that revisedpropased information pursuant to Subsections 380.06(6) (3)(a) When the proposed development of project does not constitute development of regional and 380.06(7), Florida Statutes; Subsection 380.06(8), Florida Statutes, and a regional impact lies within the review jurisdiction impact, issued pursuant to F. S. A. J 380.06(4)(a) by (c) A report and recommendation by the statement requesting additional information. of two or more regional planning agencies, the Division of Land Planning to appellee, binds South regional planning agency on the regional impact Within five (5) working days of the receipt of the Bureau, with the consent of the affected agencies, Florida Regional Planning Council (SFRPQ) as to statement the applicant shall provide written determination by Division and bars SFRPC from of the proposed development pursuant to e agency that may dcsignate a lead agency to assume notice to the local government and th responsibility for determining the sufficiency of pursuing appeal of favorable local government action Subsection 380.06(8), Florida Statutes; the requested information will be supplied, or will information contained in the application for under F. S. A. � 380.07(2); SFRPC is barred from (d) A development of regional impact public not be supplied, in whole or in part. Upon recci development approval and for preparing the collaterally attacking validity of binding letter or hearing pursuant to Subsection 380.06(7), of the requested information, the agency shall interpretation issued under F. S. A. � 380-06(4) regional report and recommendations. 0) Florida Statutes; vernment and (b) Upon completion of the staff report and where it made appearance in proceedings but failed to (c) Issuance of a development of regional provide written notice to the local go takejudicial review therefrom. South Florida Regional the applicant pursuant to Subsection 380.06(7 A impact development order pursuant to recommendations, copies should be transmitted to PlanningCouncil v. State Landand Water Adjudicatory Florida Statutes. the respective regional planning agencies for Commission, App., Ord) 372 So. 2d 159 (1979). Subsections 380.06(10) and 380.06(l 1), Florida (c) Requests for additional information should Statutes. formal action. Standing be reasonably related to the discharge of the (c) The regional r"rt and recommendations Where Boy Scouts Council neither sough( nor (2) A development order approving, or agency's responsibilities under Subsection dopted by formal action of the respective regional obtained status as intervenor in binding letter proceeding approving with conditions, the proposed 380.06(8), Florida Statutes. a in which it claimed proposed development ofadjacent development of regional impact shall be issued (d) The regional planning agency should planning agencies where possible should be prior to or concurrently with a final development 27F-1.24 EXECUTIVE OFFICE OF THE GOVERNOR 324 323 GENERAL 27F-1.31 coordinated and consistent. Upon concurrence by or approving with conditions the application for increments of the proposed development. The zoning or subdivision regulation isadoptedduring each regional planning agency (he report and development approval, subsequent requests for regional planning agency should make the ninety day period, the developer shall file an recommendations on the phases, increments, and application for development approval as' required recommendat ions should be submitted to the local development permits need not require appropriate local governments pursuant to further development of regional impact review issues related to regional impacts in need of by Subsection 380.06(6). Florida Statutes, to Subsection 380.06(8), Florida Statutes. When the unless otherwise stipulated in the development subsequent review for consideration by the local commence development of regional impact review reviewing agencies are unable to concur in the order. Factors requiring further development of government in formulating a development order and permitting procedures. adoption of a joint report and recommendations, regional impact review may include, but shall not pursuant to Section 380.06, Florida Statutes. (b) The state may designate the area within each agency may prepare and submit to the local be limited to: (4) In its development order, the local which the development is proposed as an area of government within its jurisdiction a separate (a) A substantial deviation from the terms or government may require subsequent review of critical state concern. If such an area of critical report and recommendations. conditions in the development order or other phases, increments, or issues related to regional state concern is designated during the ninety day Specific Authority 120.53(l) FS. Law Implemented changes to the approved development plans which impacts of the proposed development pursuant to period, the developer shall comply with the 120.53(l), 380.031(13), 380.06(5)-(B) FS. History- create a reasonable likelihood of adverse regional the requirements of Section 380.06, Florida requirements set forth in Section 380.05, Florida New 7-7-76, Formerly 22F-1.22. impacts or other regional impacts which have not Statutes. The development order should be Statutes, and Rule 27F-1.30 of these rules. 27F-1.23 Local Development Orders. been evaluated in the review by the regional consistent with the report and recommendations of (3) If, after ninety days from the receipt of the (1) Within thirty (30) days after the planning agency; or the regional planning agency in providing for notice specified in subsection (1), no zoning or development of regional impact public hearing, (b) Expiration of the period of effectiveness of further review. Any development approval subdivision regulations have been adopted by the the development order; or granted should be based upon adequate review local government, nor an area of critical state ',@al government shall enter a development (c) A finding of an existing emergency and resolution of the regional impacts of the concern designated, the developer may undertake .uam to Subsection 380.06(7), Florida an the application for development condition. approved level of development. Approval or any the proposed development of regional impact. .mless an extension of time is granted (5) Copies of all development orders conceptual or master plan shall not be construed as (4) Any substantial changes from the written request by the developer. pertaining to a development of regional impact approval of subsequent phases or increments proposed development as set forth in the notice to k2) In considering whether the development including any amendments or modifications when review of subsequent phases or increments the Bureau specified in subsection (1) of this rule ,nould be approved, denied, or approved subject to thereto shall be transmitted by the local is required by the development order. shall require a new ninety day notice under conditions, restrictions or limitations, the local government to the Bureau, to the appropriate (5) This rule shall not be construed to limit or Subsection 380.06(5)(c), Florida Statutes. government shall consider, as required by regional planning agency, and to the owner or modify the statutory responsibility of the regional Specific Authority 120.53(l) FS. Law Implemented Subsection 380.06(l 1 ), Florida Statutes, whether developer of the property subject to such order. planning agency to determine the sufficiency of 120.53(l), 380.0503), 380.06(5) FS. History-Ncw and the extent to which: Specific Authority 120.53(l) FS. Law Implemented information contained in any application for 7-7-76, Formerly 22F-1.27. (a) The development unreasonably interferes 121.53(l),380.06(5). 380.06(7),38,0.06(li), 380,07(2), development approval pursuant to Subsection 27F-1.28 Rmirved. 380.08(3) FS. History-New 7-7-76, Formerly 380.06(7), Florida Statutes. In making said with the achievement of the objectives of an 22F-1.23. I adopted state land development plan applicable to determination, the regional planning agency shall 27IF-1.29 Reserved. the area; 27F-1.24 Alternative 12eviety Procedure. give due consideration to the reasonable -vailabili ty of sufficient reliable information and, Subpart D - Developments of Regional (b) The development is consistent with the (1) It is the purpose of this rule to provide Impact Procedures in Areas of Critical State local land development regulations; and- - alternative procedural guidelines for the Nhere appropriate, the necessity for subsequent Concern (c) The development is consistent with the preparation of the application for development review of phases, increments, or issues related to report and recommendations of the regional approval, the review of said application by the i regional implants. This rule shall not be construed 27F-1.30 Areas of Critical State Concern. If .0 limit or modify the authority, responsibilities, a proposed development of regional impact is planning agency. regional planning agency, and the decision of the )r prerogative of local government in complying located within an area of critical state concern the (3) Loral development orders issued pursuant local government on the application for to an application for development approval may development approval. If used, this rule shall with Section 380.06, Florida Statutes. developer shall be subject to the requirements of Specific Authority 20.05(5), 23.0115(l), 23.012(3), Section 380.06, relating to development of include, but shall not be limited to: supplement the provisions of the Part. 120.53(1)FS. Law lmplemenred23.0115(i),23.012(3), regional impact review and permitting (a) Findings of fact by the local government; (2) Ifa proposed development includes one or 120.53(1), 380.06(5)-(11), 380.06(13) FS. History- procedures, when the rule designating the area of and move developments of regional impact with an New 7-7-76, Formerly 22F-1.24. (b) A statement that the application for extended build-out period, the local government critical state concern so provides. development approval is approved; or may grant master plan or conceptual approval of 27F-1.23 Reurved. Specific Authority 120.53(l) FS. Law Implemented (c) A statement that the application for the development subject to subsequent review by 120.53(l), 380.05(13), 380.06(5), 380.06(10), 27F-1.26 Reserved. 380.06(li) FS. History-New 7-7-76, Formerly development approval is approved subject to the appropriate regional planning agency of 22F-1.30. conditions, specifying the conditions; or increments or phases of the development or of Subpart C - DRR Procedures in (d) A statement that the application for unresolved issues related to regional impacts, Unregulated Jurisdicticim 27F-1.31 Forms. development approval is denied, specifying the pursuant to the requirements of Section 360.06, (1) The attached forms are prescribed for use reasons for denial and changes in the development Florida Statutes. Where such a procedure is 27F-1.27 Ninety Day Notice Requirement, with these rules: proposal that would make it eligible to receive a appropriate, the developer should consult with the (1) Prior to undertaking development ' a (a) Form Number DSP-BLWM-1 1-76, development permit; and local government and the regional planning develop .er proposing a development of regional relating to Developments of Regional Impact (e) The period of effectiveness of the agency regarding information to be provided and impact in an unregulated jurisdiction shall submit Application for Development Approval the use of development order; and the timing of review of phases, increments, or a written notice to the Bureau and to any local which shall not be required prior to July 1, 1976; (f) Conditions under which additional issues related to regional impacts of the proposed government having jurisdiction to adopt zoning or (b) Form Number DSP-BLWrvi-01-79, development of regional impact review shall be development. subdivision regulations for the area in which the relating to Application for a Binding Letter on required; and (3) In addition to any recommendations development is proposed. The notice to the DRI status; (g) A statement incorporating into the included in the report prepared pursuant to Bureau shall be by a completed copy of Form (c) Form Number DSP-BLWM-12-76, development order by reference the application for Subsection 380.06(8), Florida Statutes, the DSP-BLWM-14-76 as listed in Rule 27F-1.31- relating to Application for a Binding Letter of development approval and other relevant written regional planning agency should specify those The form shall be transmitted by certified mail, to Vested Rights; documents, and issues related to regional impacts of the establish a date certain of receipt. M Form Number DSP-BLWM-35-77, (h) A substa iation clause, specifying development which have been sufficiently (2) Within ninety days of receipt of the form relating to Substantial to a Previously standardi to. reviewed, if approval is recommended, and those specified in subsection (1) of this rule: Vested Development; 01 (a) Any local government with jurisdiction (e) Form Number P-BLIVNI-14-76, (4) lfa development order is issued approving issues which would be subject to further review may adopt zoning or subdivision regulations. If a upon submission of subsequent phases or 1@ 27F-2.04 OCUTIVE OFFICE OF THE GOVERNOR 326 327 REGIONAL IMPACT 27F-2.09 relating to Notice of Intent to Undertake a recreation facility, including, but not limited'to, designed to serve the citizens of more than one gravel, limestone, water or peat. Development of Regional Impact in an sports arenas, stadiums, race tracks, tourist county. (b) The term "solid mineral" includes, but is Unregulated jurisdiction; and attractions and amusement parks, the proposed Specific Authority 380.06(2) FS. Law Implemented no( limited to, clay, sand, gravel, phosphate rock, (f) Form Number DSP-BLWM-15-76, construction or expansion of which: 380.06, 380.10 FS, History-New 7-1-73, Formerly lime, shells (excluding live shellfish), stone and relating to Regional Planning Agencies (a) for single performance facilities: 22F-2.04. any rare carths contained in the soils or waters of designated under Chapter 390, Florida Statutes. 1. provides parking spaces for more than two Library References: Juergensmeyer & Wadley, Fla. this state, which have theretofore been discovered (2) These forms may be obtained without cost thousand rive hundred (2,500) cars; or Zoning - Sperific Uses (7be Harrison Company), J or may be hereafter discovered. from the appropriate regional planning agency or 2. provides more than ten thousand (10,000) 3-27. Specific Authority 380.06(Z) FS. Law Implemented by making written request to: permanent seats for spectators; or AAWOTA77ONS 380.06, 380. 10 FS. Histary-New 7-1- 73, Formerly Bureau of Land and Water Management (b) for serial performance facilities: C-errificatc of need 22F-2.06. Department of 1. provides parking spaces for more than one Where no public hearing was held an application by Library References: juergensmeyer & Wadley, Fla. Community Affairs thousand (1,000) cars; or 4 health care institution for construction of new hospital Zoning - Specific Uses (The Harrison Company), J 530 Carlton Building 2. provides more than four thousand (4,000) pursuant to Health Facilities Planning Act, issuance of 3-36. Tallahassee, Florida 32301 permanent scats for spectators. certificate ofneed lacked quasi-judicial character and it by mandamus, 27F-2.07 Office Parks. The following Specific Authtui(y 120.53 FS. Law Implemented For purposes of this subsection "serial was apprnpriale for plaintiff to attack it development shall be presumed to be a 120.33,380.031(13), 380.06(4)-(6)FS. His(ory-New performance facilities" shall mean those using prohibition or injunction. Humana of Florida, Inc. v. onal impact and subject to the 7-7-76, Amended 3-25-79, Formerly 22F.I.31. Keller, App., (Iso 329 So. 2d 420 (1976) development of regi their parking areas or permanent seating more requirements of Chapter 380, Florida Statutes: than one time per day on a regular or continuous Review CHAPTER 27F-2 basis. Order of hearing officer designated to conduct Any proposed office park operated under one LAND PLANNING (2) The proposed construction of any facility proceeding on application for cenificate of need to common property ownership or management, PART 11 construct hospital was not that of "agency," so was not that: authorized understateJaw to conduct pari-mutuel final agency action subject iojudicial review. Bureau of (1) occupies more than thirty (30) acres of DEVELOPMENIS PRESUMED TO BE OF wagering activities or the proposed expansion of Community Medical Facilities Planning ol'Department land; or REGIONAL IMPACT such a facility, which would result in more than a OfHealth and Rehabilitative Services v. Sampson, App., (2) encompasses more than three hundred (Formerly 22F-2) ten percent (10%) increase in parking spaces or (Ist) 341 So. 2d 1071 (1977). permanent scats for spectators. thousand (300,000) square feet of gross floor area. 27 F-2.01 Airports. Specific Authority 380.06(2) FS. Law Implemented 27F-2.05 industrial Plants and Industrial Specific Authority 380.06(2) FS. Law Implemented 27F-2.02 Attractions and Recreation 380.06, 380.10 FS. History-New 74-73, Formerly Pailks. The following development shall be 380.06, 380.10 FS. Histary-New 7-1-73, Formerly Facilities. 22F-ZO2. presumed to be a development of regional impact 22F-2-07. 27F-2.03 Electrical Generating Facilities and subject to the requirements of Chapter 380, 27F-2.08 Petroleum Storage Facilities. and Transmission Lines. 27F-2.03 Electrical Generating Facilities Florida Statutcs: (1) The following developments shall be 27F-2.04 Hospitals. and Transmission Lines. The following Any proposed industrial, manufacturing, or presumed to be developments of regional impact 27F-2.05 Industrial Plants and Industrial developments shall be presumed to be processing plant under common ownership, or and subject to the requirements of Chapter 380, Parks. developments of regional impact and subject to the any proposed industrial park under common Florida Statutes: Lp4 27F-2.06 Mining Operations. requirements of Chapter 380, Florida Statutes: ownership which provides sites for industrial, (a) Any proposed facility or combination of 27F-2.07 Office Parks. (1) Any proposed steam electrical generating manufacturing, or processing activity, which: facilities located within one thousand (1,000) feet 27F-2.08 Petroleum Storage Facilities. facility with a total generating capacity greater (1) provides parking for more than one of any navigable water for the storage of any 27F-2.09 Port Facilities. than one hundred (100) megawatts, or a proposed thousand five hundred (1,500) motor vehicles; or petroleum product with a storage capacity of over 27F-2.10 Residential Developments. steam addition to an existing electrical generating 27F-2.11 Schools. facility, which addition has a generating capacity (2) occupies a site greater than one (1) square fifty thousand (50,000) barrels. mile. (b) Any other proposed facility orcombinacion 27F-2.12 Shopping Centers. of greater than one hundred (100) megawatts; Specific Authority 380.06(2) FS Law Implemented of facilities for the storage of any petroleum Library Relerences: Updating the DRIprocess, Henry except that this paragraph shall not apply to a 380.06, 380.10 FS. Histary-Ncw 7-1-73, FO-erlY products with a storage capacity of over two Dcan,53F/a. Barj. 249,253(April, l979)&i,,,r0rmc,. facility which produces electricity not for sale to 22F-2.05. hundred thousand (200,000) barrels. Chapter 22F-2), Judicial mirpretado, cifFlwidas others. Generating capacity shall be measured by developments of regional impact, Terry Carley, 53 the manufacturer's rated "name platc" capacity. 27F-2.06 Mining Operations. (2) For the purpose of this section, "barrel" Fla. Barj 633, 634 (Nov., 1979). (2) Any proposed electrical transmission line (1) The following development shall be shall mean forty-two (42) U. S. Gallons. hich has a capacity of two hundred thirty (230) presumed to be a dcvclopment of regional impact Specific Authority 380.06(2) FS. Law Implemented 27F-2.01 Airports. The following w and subject to the requirements of Chapter 380, 38aO6, 380.10 FS. History-New 7-1-73, Formerly development shall be presumed to be a kilovolts or more and crosses a county line. 22F-2.08. development of regional impact and subject to the Provided, however, that no electrical Florida Statutes; Library References: Juergensineyer & Wadley, Fla. requirements of Chapter 380, Florida Statutes: transmission line shall be considered as failing Any proposed solid mineral mining operation Zoning - Specific Uses (The Harrison Company), � within this standard if its construction is to be which annually requires the removal or 3-41 The proposed construction of any airport limited to an established right-ol-way, as specified disturbance of solid minerals or overburden over development project as defined in the Federal in. Subsection 380.04(3)(b), Florida Statutes. an area, whether or not contiguous, greater than 2717-2.09 Port Facilities. The following Airport and Airway Development Act of 1970, Specific Authority 380.06(2) FS. Law Implemented one hundred (100) acres or whose proposed development shall be presumed to be a Title 49 United States Code, Section 1701 et -q., 380.06, 380-10 FS. History-New 7.1-73, Formerly consumption of water would exceed three million development of regional impact and subject to the involving the location of a new airport, a new 22F-2.o3. (3,000,000) gallons per day. In computing the requirements of Chapter 380, Florida Statutes: runway or a runway extension. acreage for this purpose, a removal or disturbance The proposed construction of any water port, Specific Authority 380.06(2) FS. Law Implemented 27F-2.04 Hospitals. The following 380.06, 380.10 FS. History-Ncw 7.1-73, Formerly development shall be presumed to be a of solid minerals or overburden shall be considered except those designed primarily for the mooring or 22F-2.01. development of regional impact and subject to the part of the same operation if it is all located within storage of watercraft used exclusivcly for sport or requirements of Chapter 380, Florida Statutes: a circle, the radius of which is one (1) mile and the pleasure of less than one hundred (100) slips for 27F-2.02 Attractions and Recreation Any proposed hospital which has a design center of which is located in an area of removal or moorings. Facilities. The following developments shall be capacity of more than six hundred (600) beds, or disturbed solid minerals or overburden. Specific Authority 380.06(2) F& Law Implemented presumed to be developments of regional impact hose application for a certificate of need under (2) As used in this section: 380.06, 380.10 FS. History-New 7-1-73, Formerly and subject to the requirements of Chapter 380, w (a) The term "overburden" means the natural 22F-109. Florida Statutes: Section 381.494, Florida Statutes, shows in the covering of any solid mineral sought to be mined, (1) Any sports, entertainment, amusement or statement of purpose and need that such hospital is including, but not limited to, soils, sands, rocks, 27F-2.12 EXECUTIVE OFFICE OF THE GOVERNOR 328 329 BOUNDARY & REGULATIONS FOR BIG CYPRESS 27F-3.01 27F-2.10 Residential Developments. design population, by at least twenty percent 27F-3.01 Boundary. All that certain lot, piece South, Range 31 East, a distance of two miles; (1) The following developments shall be (20%) of the design population. or parcel of land situated lying and being in thence presumed to be developments of regional impact (2) As used in this section, the term "full-time Collier, Dade and Monroe Counties in the State of (13) Turning and running East along the and subject to the requirements of Chapter 380, equivalent student" shall mean enrollment for Florida being more particularly hounded and North line of Section 14 in Township 49 South, Florida Statutes: fifteen (15) quarter hours during a single described as follows: Range 31 East, a distance of one mile; thence Any proposed residential development that is academic semester. In area vocational schools or Beginning at a point in the Northerly (14) Turning and running South along the planned to create or accommodate more than the other institutions which do not employ semester right-of-way line of State Road 84 (Alligator East line of Section 14 in Township 49 South, following number of dwelling units: hours or quarter hours in accounting for student Ailey), which point is the Southwest corner of Range 31 East, a distance of one mile; thence (a) In counties with a population of less than participation, enrollment for eighteen (18) contact Section 36 in Township 49 South, Range 28 East (15) Turning and running EaSL along the 25,000 - 250 dwelling units hours shall be considered equivalent to one (1) and running thence North line of Section 24 in Township 49 South, (b) In counties with a population between quarter hour and enrollment for twenty-seven (1) Turning and running North along the Range 31 East and Section 19 in Township 49 est line of Sections 36, 25, 24 and 13 in South, Range 32 East, a distance of two miles; 25,000 and 50,000 - 500 dwelling units (27) contact hours shall be considered equivalent it W Township 49 South, Range 28 East, a distance of thence (c) In counties with a population between to one (1) semester hour. 50,001 and M0,000 - 750 dwelling units Sprcific Authority 380.06(2) FS. Law Implemented four miles; thence (16) Turning and running South along the (d) In couotics with a population between 380.06, 380.10 FS. History-New 7-1-73, Formerly (2) Turning and running East along the East line ofSections 19,30 and 31 in Township 49 100,001 and 250,OW - 1,000 dwelling units 22F-2. 11. Northerly line of Section 13, Township 49 South, South, Range 32 East 10 the point of intersection Range 28 East and Section 18, Township 49 with the Southerly right-of-way line of State Road (e) In counties With a population between 27F-2.12 Shopping Centero. The following South, Range 29 East, a distance of two miles; 84 (Alligator Alley); thence 250,001 and 500,000 - 2,000 dwelling units development shall be presumed to be a thence (17) Turning and running East along the (f) In counties with a population in excess Of development of regional impact and subject to the (3) Turning and running North along the Southerly right-of-way line of State Road 84 500,000 - 3,(M dwelling units. requirements of Chapter 380, Florida Statutes: Westerly line of Sections 8 and 5 in Township 49 (Alligator Alley) to its point of intersection with Provided, however, that any residential Any proposed retail or wholesale business development located within two (2) miles of a establishment or group of establishments operated South, Range 29 East, a distance of two miles; the Westerly right-of-way line of Canal L-28, a county line shall be treated as if it were located in under one common property ownership or thence distance of sixteen miles more or less; thence the less populous county. management, such as a shopping center or trade (4) Turning and running East along the (19) Turning and running Southeasterly Northerly line of Sections 5, 4 and 3 in Township along the Southerly right-of-way line of Canal (2) As used in this section, the term center, that: 49South, Rangc29 East, a distance of three miles; L-28 to its point of intersection with the boundary "residential development" shall include, but not .(1) occupies more than forty (40) acres of land; thence line between Collier and Broward Counties; be limited to: or (5) Turning and running North along the thence (a) the subdivision of any land attributable to (2) encompasses more than four hundred West line of Sections 35 and 26 in Township 48 (19) Turning and running South along, the common ownership into lots, parcels, units or thousand (400,000) square feet of Gross floor area; South, Range 29 East, a distance of two miles; Collier and Broward Counties line to a point interests, or or thence which point is the point of intersection of (b) land or dwelling units which are part of a (3) provides parking spaces for more than two (6) Turning and running East along the North Broward, Collier and Dade Counties on the common plan of rental, advertising, or sale, or thousand Five hundred (2,500) cars. line of Sections 26 and 25 in Township 48 South, boundary line between Townships 51 and 52 k4 (c) the construction of residential structures, or Specific Authority 380.06(2) FS. Law Implemented Range 29 East and continuing East along the South, a distance of eleven miles; thence (d) the establishment of mobile home parks. 380.06, 380-10 FS. History-New 7-1-73, Formerly North line of Sections 30 and 29 in Township 48 (20) Turning and running East along the N (3) As used in this section, the term "dwelling 22F-2.12. South, Range 30 East to the point of intersection Broward and Dade Counties boundary line, unit" shall mean a single room or unified with the Easterly right-of-way line of State Road which line is also the boundary line between combination of rooms, regardless of form of CHAPTER 27IF-3 29;thence Townships 51 and 52 South to the point of ownership, that is designed for residential use by a LAND PLANNING (7) Turning and running North along the East intersection with the Westerly right-of-way line of single family. Thisdefinition shall include, but not PART in right-of-way line of State Road 29 to a point which the Central and Southern Florida Flood Control be limited to, condominium units, individual BOUNDARY AND REGULATIONS FOR point is the Northwest corner of Section 29 in District Levee L-28; thence apartments and individual houses. BEG CYPRESS AREA OF CRUTICAL Township 47 South, Range 30 East; thence (21) Turning and running South in Dade (4) For the purpose of this section, the STATE CONCERN (8) Continuing North along the West line of County along the Westerly right-of-way line of population of the county shall be the most recent (Yonnerly 22F-311 Sections 20, 17, 8 and 5 in Township 47 South, Levee L-28 to its point of intersection with the estimate for that county, at the time of the application for a development permit. The most 27F.3.01 Boundary. Range 30 East, and still North along the West line Southerly right-of-way line of Tamiami Trail (U. recent estimate shall be that determined by the 27F-3.02 Purpose. of Sections 32, 29, 20, 17 and 8 in Township 46 S. Route 41, State Road 90); thence Executive. Office of the Governor pursuant to 27F-3.03 Definitions. South, Range 30 East, a distance of nine miles; (22) Along the Southerly right-of-way line of Section 23.019, Florida Statutes. 27F-3.04 Agricultural Exemption. thence Tamiami Trail (U. S. 41, State Road 90) in a Spenric .1uthorirY 380.06(2) FS. Law Implemented 27F-3.05 Vested Rights in Property. (9) Turning and running East along the North Southeasterly direction to its point of intersection 380.06, 380.10 FS. History-New 7-1-73, Formerly 27F-3.06 Site Alteration. lincOfSCCLions 8, 9, 10, )1 and 12 in Township 46 with the North right-of-way lincofState Road 94; 22F-2.10. 27F-3.07 Drainage. South, Range 30 East, a distance of five miles to thence 27F-3.08 Transportation. the Hendry County line; thence (23) Turning and running West along State 27F-2.11 Schools. 27F-3.09 Structure Installation. (10) Turning and running South along the Road 94 to its point of intersection with the (1) The following development shall be 27F-3.10 Enforcement. boundary line between Hendry and Collier Northwest corner of Everglades National Park in presumed to be a development of regional impact 27F-3.11 Variances. counties which line is also the boundary line Dade County which point is in the Northwest and subject to the requirements of Chapter 380, 2717-3.12 Appeals. between Ranges 30 and 31 East, a distance of corner of Section 20 in Township 54 South, Range Florida Statutes: lic, 27F-3.13 Relation to Local Codes. seventeen miles; thence 35 East; thence The proposed construction of any pub 27F-3.14 Local Plans and Code (11) Turning and running East along the (24) In a Southerly, Westerly and Northerly private or proprietary post-secondary educational Conformity. Hendry and Collier County boundary line, which direction along the boundary of Everglades campus which provides for a design population of 27F-3.1 5 Amendments. line is also the boundary line between Townships National Park to the point which is the Western more than tf usand (3,000) full-time 27F-3.16 Separability. 48and 49 South, Range 31 East, a distance of four most point of th EvjlmWs National Park 'nt st..1ftor the proposed physical Le equi%al miles; thence adjacent to Round K c Ten Thousand cxpansi 'MWlic, private or proprietary 'ce on of a (12) Turning and running South along the Islands in Gulli%an BaW@ post-seconclary educational campus having such a East line of Sections 3 and 10 in Township 49 (25) On a line in a Westerly direction one mile 27F-3.03 OCUTIVE OFFICE OF THE GOVERNOR 330 331 BOUNDARY & REGULATIONS FOR BIG CYPRESS 10 27F-3.06 seaward of the most Southerly of the Ten 51 South, Range 28 East and North along the (4) "Finger Canals" means modification or provide for release of surface , collected or Thousand Islands to a point, which point is the West line of Sections 36, 25, 24, 13, 12 and I in construction ofa lakeor pond so that the square of uncollected, in a manner approximating the Southeastern tip of Cape Romano; in Section 15, Township 50 South, Range 28 East, a distance of 15% of the shoreline measured in feet, exceeds the natural surface water now regime of the area- Township 53 South, Range 26 East; thence ten miles to the point or place of beginning. surface.area measured in square feet for the same (3) Soils exposed during site alteration shall be (26) Turning and running Northwesterly Specifically exempting herefrom the following measuring period. stabilized and retention ponds or performance along the West short of Morgan Beach to a point described urban areas: (5) " H ydro. period" means that portion of the equivalent structures or systems maintained in in the South side ofCaxambas Pass, which point is (a) The unincorporated areas of Ochopce annual hydrologic cycle during which water is at order to retain run off and siltation on the the Northeast corner ofSection 32 in Township 52 being more particularly bounded and described as or on the soil surface. construction site. Restoration of vegetation to site South, kange 26 East; thence follows: (6) "Natural Flow Regime" means the alteration areas shall be substantially completed (27) In an easterly direction across Caxambas All that certain lot, piece or parcel of ground velocity, volume and direction of the surface or within 180 days following completion of a Pass and Caxambas Bay to a point, which point is situate lying and being in Collier County, State of ground water flow occurring at any given point in development. Revegetation shall be accomplished the most Southwest land portion of Horr Island Florida, consisting of Sections 27,28,33 and 34 in the current hydro-period or any given portion of with prc-existing species or other suitable species and continuing Easterly and Northerly along the Township 52 South, Range 30 Fast. the Area of Critical State Concern. except that undesirable exotic species (see list mean high water line of Horr Island to a point, (b) The incorporated areas of Everglades City (7) "Site Alteration, Alteration or Altered" below) shall not be replanted or propagated. whicit point is the most East Northeast land situate lying and being in Collier County, State of means development including, but not limited to, Australian pine - Casuarina equisetifolia portion of Iforr Island and continuing in a Florida, consisting of portions of Sections It. 14, removal of, or damage to, vegetation, burning, Bishopwood - Bischofia javanica Northerly direction to a point in the mean high IS and 23 in Township 53 South, Range 29 East. filling, ditching, dredging, draining, excavation, Brazilian pepper (holly) - Shinus water line at Goodland on Marco Island, which Spcciric Authority 380 FS. Law Implemented Chapter earth moving, water containment and changes in terebinthfolius "I[ is the Southeast corner of Section 24 in 73-131, Laws at Florida. History-New 11-28-73, the natural flow regime. or the effects of such Castor bean - Ricinus communis 7; 1 ! actions. Common papaya - Carica papaya iship 52 South, Range 26 East, and Formerly 22F-3-01- (8) "Total Site" means land which is under Common snakeplant - Sanscvicra trifasciata ng along the mean high water line of the 27F-3.02 Purpose. Pursuant to Section 7, common ownership or is part of a common plan of Day jessamine - Cestrum diurnum 4 East shore of Goodland to a point, Article 11, of the Florida Constitution, Section t j% the point of intersection of the South 380.05, Florida Statutes, and Chapter 73-131, development, rental, advertising or sale. Hunters robe - Raphidophora aurea ,j - way line of State Road 92 with the East Laws of Florida, it is the purpose of these (9) "Transportation Facilities" means public Melalcuica (cajcput) - Melaleuca leucadendra e of Marco Island; thence regulations to conserve and protect the natural, and private roadways, roadbeds, waterways, Queensland umbrella tree - Schefflcra (28) In a Northeasterly direction along the environmental and economic resources and the aqueducts, pipelines, transmission lines, public actinophylla South right-of-way line of State Road 92 to its scenic beauty of the Big Cypress Area, including and private airports, and facilities necessary for Trailing wedelia - Wedelia trilobata point of intersection with the West line ofSection the proposed Federal Big Cypress National Fresh their maintenance and use, including, but not (4) No mangrove trees or salt marsh grasses 33 in Township 51 South, Range 27 East; thence Water Reserve, the Everglades National Park, limited to, borrow pits and drainage works. shall be destroyed or otherwise altered. Plants Specific A utharity 380 FS. Law Implemented Chap specifically protected in this regulation include; (29) Turning and running South along the and ecologically related wetlands, estuarine 73-131,, Laws of Florida. Hisfory-New, 11-28-7te3r West line of Section 33 in Township 51 South, Fisheries, and the fresh water aquifer, and Red mangrove - Rhizophora mangle Range 27 East; thence ecologically related areas. It is the further purpose Formerly 22F.J.03. Black mangrove Avicennia nitida 430) Still South along the West line of Sections 27F-3.04 Agricultural Exemption. The use White mangrove Laguncularia raccmosa of these regulations to provide a land and water 4,9 and 16 in Township 52 South, Range 27 East, management system that will preserve water of any land for the purpose of growing plants, Needlerush - juncus roemerianus a distance of three miles; thence quality, provide for the optimum utilization of the crops, trees, and other agricultural or forestry Salt cordgrasses - Spartina alterninora, S. (31) Turning and running East along the limited water resources of the area, facilitate products, raising livestock or for other purposes patens, S. cynosuroides, S. spartinac South line of Section 16 in Township 52 South, orderly and well-planned development, and directly related to all such uses are exempt from Seashore saltgrass - Distichlis spicata Range 27 East, a distance of one mile; thence protect the health, welfare, safety and quality of these regulations. Lands lying fallow are deemed (5) Fill areas and related dredge or borrow (32) Turning and running North along the life of the residents of the state. To effectively and to be used for agricultural purposes. However, ponds shall be aligned substantially in the East line of Section 16 in Township 52 South, equitably accomplish such purposes these whenever any person carries out any activity direction of local surface water flows and shall be Range 27 East, a distance of one mile; thence regulations should be implemented by local defined in Section 380, Florida Statutes, as separated from other fill areas and ponds by (33) Turning and running East along the governments through existing administrative development or applies for a development permit, unaltered areas of vegetation of comparable size. South line of Section 10 in Township 52 South, processes and all existing rights of private as defined in Section 380, Florida Statutes, to Dredge or borrow ponds shall provide for the Range 27 East, a distance of one mile-, thence property should be preserved in accordance with develop exempted land, these regulations shall release of storm waters as sheet flow from their (34) Turning and running North along the the constitutions of the State of Florida and the apply to such application and to such land. downstream end into unaltered areas of West line of Sections I I and 2 in Township 52 United States. Specific Authority 380 FS. Law Implemented Chapter vegetation. Access roads to and between fill areas South, Range 27 East, a distance of two miles; Specific Authority 380 FS. Law Implemented Chapter 73-131, Laws of Florida. History-New 11-28-73, shall provide for the passage of water in a manner thence 73-131, Laws. of Florida. Histary-New 11-28-73, Formerly 22F-3.04. approximately the natural flow regime and (35) Turning and running East along the Formerly 22F-3.02. 27F-3.05 Vested Rights in Property. Where designed to accommodate the 50 year storm. Fill boundary line between Townships St and 52 Pursuant 10 Section areas and related ponds shall not substantially South which line is also the South line of Section 27F-3.03 Definitions. All terms defined in vested rights in property exist retain or divert the total flow in or to a slough or 35, in Township 51 South, Range 27 East, a Section 380.01, Florida Statutes, shall have the 380.05(15), Florida Statutes, these regulations strand or significantly impeded tidal action in any distance of one mile; thence meanings ascribed to them by that section. In shall not abridge them. addition, as used in these regulations: Specific Authority 380 FS. Law Implemented Chapter portion of the estuarine zone. (36) Turning and running North along the (1) "Coastal Waters" means the waters of the 73-131, Laws of Florida. History-New 11-28-73, (6) Man-made lakes, ponds, or other East line of Sections 35 and 26 in Township 51 Formerly 22F-3.05 containment works shall be constructed with a South, Range 27 East, a distance of two miles; state where either tidal influence exists or where maximum slope of 30 degrees to a depth of six feet thence aline water occurs. 27F-3.06 Site Alteration. of water. Whenever mineral extraction is (37) Turning and running East along the (2) "Development" shall have the meaning (1) Site alteration shall be limited to 10% of the completed in new quarrying lakes, shoreline North line of Section 25 in Township 51 South, ascribed to it in Section 380.04, Florida Statutes. total site size, and installation of nonpermeable sloping, rcvegctation and disposal of spoils or Range 27 East and the North line of Sections 30, (3) "Drainage Facilities" means any canal, surfaces shall not exceed 50% of any such area. tailings shall be completed before abandonment. 29,28,27 and 26 in Township 51 South, Range 28 ditch, culvert, dike or other facility which lowers However, a minimum of 2,500 square fec(may be Existing quarrying lakes are exempt from this East, a distance of six miles; thence the ground water table, acts as a conduit, diverts or altered on any permitted site. provision, except that whenever any person (38) Turning and running North along the directs the no%v or water or otherwise affects the (2) Except for roads, any nonpermeabic carries out any activity defined in Section 380.04, West line ofSections 24,13,12 and I in Township natural flow regime. surface greater than 20,000 square feet shall Florida Statutes, as development or applies for a 272p EXECUTIVE OFFICE OF THE GOVERNOR 332 3 GREEN S development permit as defined in Section 380.031, shall be released to natural retention filtration and 27F-3.13 Relation to Local Codes. In case o Florida Statutes, to develop any existing flow areas, a conflict between Big Cypress Critical Area quarrying lake area, these regulations shall apply. (3) Transportation facility construction sites regulations and other regulations which are a (7) Finger canals shall not be constructed in shall provide for siltation and runoff control the Critical Area. through the use of settling ponds, soil fixing or Proper exercise of authority of a government. jurisdiction, the more restrictive of the provisions (8) This rule shall not apply to site alterations performance equivalent structures or systems. shall govern. undertaken in connection with the agricultural Specific Authority 380 IS. Law Implemented Chapter 11 73-131, Laws of Florida. History-New 11-28-73, 1 Specific Authority 380 FS. Law Implemented Chapter use of land or for the conversion of land to t 73-131, Laws of Florida. History-New 11-28-73, Formerly 22F-3 OB. agricultural use. Formerly 22F-3.13. Specific Authority 380 FS. Law Implemented Chapter 27F-3.09 Structure Installation. 27F-3.14 Local Plans and Code 73-131, Laws of Florida. History-New 11-28-73, (1) Placement of structures shall be Formerly 22F-3.06. conformity. Comprehensive plans, 1C accomplished in a manner that will not adversely comprehensive plan elements, and functional 7F-3.07 Drainage. affect surface water flow or tidal action. plans and development codes affecting the Critical (1) Existing drainage facilities shall not be (2) Minimum lowest floor elevation permitted Area shall suppon the achievement of the Big modified so as to discharge water to any coastal for structures shall be at or above the 100 year Cypress Critical Area objectives and regulations. water, either directly or through existing flood level, as established by the Administrator of Specific Authority 380 FS. Law Implemented Chapter drainage facilities. Existing drainage facilities the Federal Flood Insurance Administration, The 73-131, Law, of Florida. History-New 11-28-73, shall not be expanded in capacity or length except construction of any structure shall meet additional Formerly 22F-3.14. formance with paragraph (2) below; Federal Flood Insurance Land Management and 27F-3.15 Amendment,. Upon adoption by odifications may be made to existing Use Criteria (24 CFR 1910), as administered by the County Commission of any land development will raise the ground water table or the appropriate local agency. !er intrusion. (3) This rule shall not apply to structures used regulations which would apply to the Critical New rainage facilities shall release water or intended for use in connection with the Area, such regulations shall be transmitted to the a manner approximating the natural local agricultural use of the land. Bureau of Land and Water Management, face flow regime, through a spreader pond or Specific Authority 380 FS. Law Implemented Chapter Department of Community Affairs for review. -formance equivalent structure or system 73-131, Laws of Florida. History-New 11-28-73, If the Bureau rinds that such regulations either on site or to a natural retention, or naturai Formerly 22F-3.09. comply with the principles for guiding development specified in the regulations adopted filtration and flow area. New drainage facilities 27F-3.10 Enforcement. All land development by the Administration Commission pursuant to shall also maintain a ground water level sufficient regulations adopted by the Administration Chapter 73-131, Laws of Florida, the Bureau by to protect wetland vegetation through the use of Commission under Section 380.05, Florida rule shall approve the submitted regulations. weirs or performance equivalent structure Or Statutes, and Chapter 73-131, Laws of Florida, Approved regulations shall supersede any systems. Said facilities shall not retain, divert, or shall be administered by the local government as if regulations Previously adopted for the Critical otherwise block or channel the naturally occurring the regulations constitute or are a part of the local Area. flows in a strand, slough, or estuarine area. land development regulations. Specific Authority 380 FS. Law Implemented Chapter (3) New drainage facilities shall not discharge Specific Authority 380 FS. Law Implemented Chapter 73-131, Laws of Florida. History-New 11-28-73 water to any coastal waters either directly or 73-131, La. of Florida. History-New 11-28-73, Formerly 22,f-3. 15. through existing drainage facilities. Formerly 22F-i. I a (4) This rule shall not apply to drainage 27F-3.16 Separability. If any one or more of facilities modified or constructed in order to use 27F-3.11 Variances. Variance procedures the Provisions of these regulations or the land for agricultural purposes or to convert land to provided in local ordinances shall apply to the application of such provisions to any situation, such use. Area of Critical State Concern. However, in circumstance or person shall for any reason be Specific Authority 380 FS. Law Implemented Chapter addition to the standards provided in such held invalid, such invalidity shall not affect any 73131, Laws of Florida. History-New 11-28-73, ordinances, no variance shall be granted for any other provision of these regulations or the Formerly 22F-3.07 development within the Critical Area unless such application of such regulations to any other 27F-3.08 Traqmportation. development is designed, consistent with Critical situation, ircumstance or Person. cl Area regulations, to have minimum adverse Specific Authority 380 FS. La. implemented Chapter (1) Transportation facilities which would impact on the Area's water storage capacity, 73-131, Laws of Florida. History-New retain, divert or otherwise block surface water surface water and estuarine fisheries. The Formerly 22f-3.16 11-28-73, flows shall provide for the re-establishment of applicant shall have the affirmative burden of sheet flow through the use of interceptor spreader establishing that the development will not have an CHAPTER 27F-4 systems or performance equivalent structures and .adverse impact on such resources. RESERVED shall provide for passage of stream, strand or Sqpeciric Authority 380 FS. Law Implemented Chapter slough waters through the use of bridges, culverts, 73-131, Laws of Florida. History-New 11-28-73, piling construction or performance equivalent Formerly 2217-3. 11. CHAPTER 27F-5 structures or systems. Charmclization of such LAND PLANNING areas shall be the minimum length necessary to 27F-3.12 Appealm. Appeals from a local PART V maintain reasonable now and prevent weed government's decision on development orders in BOUNDARY AND PRINCIPLES FOR blockage. the Area of Critical State Concern shall be made to GUIDING DEVELOPMENT FOR THE (2) Transportation facilities, constructed the Florida Land and Water Adjudicatory GREEN SWAMP AREA OF CRITICAL substantially llel to the local surface flow, Commission by filing a notice of appeal with the STATE CONCERN shall mat im. und.water level sufficient to Commission in accordance with Section 380.07, (Formerly 22F-5) qi etation through the use of Florida Statutes. 'hapter 27F-5.oi Purpose, rfo4qo Specific Authorit y 380 FS. Law Implemented C weirs rfor ance equivalent structures or 73-131 Laws of Florida. History-New 11-28-73, 27F-5-02 Boundary. yns and as feasible, the flows in such works Formerly 22F-3q-12q. 27F-5-03 Principles for Guiding 12 Dr-b-.- 17F-5.02 SECUTIVE OFFICE OF THE GOVERNOR 334 335 GREEN SWAMP AREA 27F-3.03 Township 24 South, Range 24 East, a distance of line of State Road 50, a distance of one-half mile, Highway Map of Lake County as a bituminous less, thence three (3) miles; thence more or less; thence road running in a north-south direction to the cast (42) West, then north, along the north, then (8) Turning and running cast along the north (21) Turningandrunningeastalongthesouth of Lake Susan and skirting the northeast shoreline cast, right-of-way fine of State Road 559 to a point boundary line of Section 22 in Township 24 right-of-way line of State Road 50 to a point in of Lake Louisa; thence in Section 10,Township27 South, Range 25 East, South, Range 24 East, to the point of intersection Section 23, Township 22 South, Range 25 East, (30) Turning and running south, then which point is the intersection of the cast 559 and the cast of the north boundary line of said Section 22 and which point is the point of intersection of State southeasterly, along the westerly right-of-way right-of-way line of State Road559A, a distance of the westerly right-of-way line of the Seaboard Road 50 and the cast boundary of the canal which fine of Lake Louisa Road to a point in Section 16, right-of-way line ofState Road Coast Line Railroad; thence connects Lake Minnehaha and Lake Minneola; Township 23 South, Range 26 East, which point 1.6 miles, more or less, thence (9) Northwesterly along the westerly thence istheintersectionofthcwesterlyright-of-wayline (43) Northerlyalongthecastright-of-wayline right-of-way line of the Seabord Coast Line (22) Turning and running south along the of Lake Louisa Road with the west right-of-way of State Road 559A to a point in Section 3, Railroad to a point in the north boundary line of eastern bank of said canal and continuing south line of United States Route 27 (State Road 25), a Township 27 South, Range 25 East, which point Section 4, in Township 24 South, Range 24 East, along the eastern shore of Lake Palatlakaha to a distance of four miles, more or less; thence is the intersection of the cast right-of-way line of a distance of 3.5 miles, more or less; thence point in the westerly right-of-way line of State (31) South along the west right-of-way line of State Road 559A and the north right-of-way line (10) Turning and running west along the Road 561, a distance ofonc-halfmile, more or less; United States Route 27 in Lake and Polk Counties of Interstate Highway 4 (State Road 400), a boundary between Townships 23 and 24 South, thence toapointinthesouthboundarylincofSection8in distance of one mile, more or less; thence which boundary is the south boundary line of (23) Southerly along the westerly Township 27 South, Range 27 East, a distance of (44) Turning and running west, then Sections 33 and 32 in Township 23 South, Range right-of-way line of State Road 561 to a point in approximately 26 miles; thence southwesterly, along the north right-of-way line 24 Etst; thence Section II, Township 23 South, Range 25 East, (32) Turning and running west along the of Interstate Highway 4 to a point where said Turning and running north along the which point, is the point of intersection of State south boundary line Of Sections 8 and 7 in right-of-way intersects the south boundary line of -oundary of Section 32 in Township 23 Road 561 and State Road 565B, a distance of 3.5 Township 27 South. Range 27 East. a distance of Section 10 in Township 27 South, Range 24 East, 'ange 24 East, a distance of one mile; miles more or less; thence 1.25 miles, more or less; thence a distance of 5.8 miles, more or less; thence (24) Turning and running west along the (33) West along the south boundary line of (45) West along the south boundary line of ,ing and running cast along the north north right-of-way line of State Road 565B to a Section 12 in Township 27 South, Range 26 East, Sections 10, 9, and 8, in Township 27 South, .at, - c of Sections 32 and 33 in Township Point in the west boundary line of Section I I in to a point. which point is the southwest corner of Range 24 East, a distance of 2.7 miles, more or ,outh, Range 24 East to a point in the westerly Township 23 South, Range 25 East, a distance of the aforesaid Section 12; thence less; thence it-of-way line of the Scabord Coast Line one-quarter mile, more or less; thence (34) Turning and running south along the (46) South along the cast boundary line of R,ilroad; thence (25) South along the west boundary line of west boundary line of Section 13 in Township 27 Section 18 in Township 27 South, Range 24 East, (13) Turning and running northwesterly Sections I I and 14 Township 23 South, Range 25 South, Range 26 East, to the point of intersection a distance of one mile; thence along the westerly right-of-way line of Seaboard East, a distance of 1.5 miles, more or less; thence of the west boundary line of Section 13 in (47) West along the south boundary line of Coast Line Railroad to a point, which point is in (26) East along the south boundary line of Township 27 South, Range 26 East and the north Section 18 in Township 27 South, Range 24 East, the boundary between Ranges 23 Fast and 24 Sections 14 and 13 in Township 23 South, Range @horelinc of Lake Lowery; thence a distance of one mile; thence East, which point is also in the west boundary of 25 East, a distance of two miles; thence (35) Turningandrunningeast,southandwcst (48) North along the cast boundary line of Section 31 in Township 22 South, Range 24 East, (27) North along the west boundary line of long the shoreline of Lake Lowery to its point of Sections 13 and 12 in Township 27 South, Range a distance of six miles more or less; thence Sections IS and 7 in Township 23 South, Range intersection with the cast boundary line of Section 23 East, to the southeastern corner of the northern (14) Turning and running north along the 26 East, to a point in the north right-of-way line of 23 in Township 27 South, Range 26 East; thence one-half of the northeastern quarter-section of boundary between Range 23 East and Range 24 Hull Road, which is depicted on the February (36) Turning and running south along the cast said Section 12, a distance of 1.75 miles; thence East to a point in the southerly right-of-way lincof 1969 edition of the Florida State Road boundary line of Section 23 in Township 27 (49) Westalongthesouthboundarylincofthe the Scabord Coast Line Railroad, a distance of Department General Highway Map of Lake South, Range 26 East to the southeast corner of northern halves of the northeastern and 3.25 miles, more or less; thence County as a graded and drained road skirting the the aforesaid Section 23; thence northwestern quarter-scctions of Section 12 in (I 5) Turning and running cast along the south south end of Lake Susan while running (37) Turning and running west from the Township 27 South, Range 23 East, to the point of right-of-way line of said Seaboard Coast Line approximately along the north boundary line of southeast corner of Section 23 in Township 27 beginning. Railroad to a point in the cast boundary line of Section 12 in Township 23 South, Range 25 East; South, Range 26 East, along the south boundary Specifically excluding and exempting herefrom Section 16 in Township 22 South, Range 24 East; thence lines of Sections 23, 22, 21, 20 and 19 and the following: thence (28) Turning and running west along the continuing to a point on the southern boundary (1) Lake Louisa State Park (16) Turningandrunningsouthalongthecast north right-of-way line of Hull Road a distance of line of Section 24 in Township 27 South, Range (2) ThcsouthhalfofSections28and29andalI boundary line of Section 16, in Township 22 one-half mile, more or less, to a point in Section 25 East, which is one-half mile west of the of Sections 32 and 33 in Township 26 South, South, Rangc24 East,adistanceofonc-halfmile, 12, Township 23 South, Range 25 East, which southeastern corner of said Section 24, a distance Rang, 25 East. more or less; thence point is the intersection of the north right-of-way of 5.5 miles; thence Specific Authority 380-05(i). (12), 380-055(i) FS. La., (17) Turningandrunningeastalongthenorth line of Hull Road with the East right of-way line (38) North along the west boundary line of the Implemented 380.05 FS. Hisfory-New 7-25-74, boundary line of Section 22 in Township 22 of Lake Shore Road, which is depicted on the cast half-section of Section 24 in Township 27 Formerly 22F-5.02, -Imfnded 11-18-79. South, Range 24 East, a distance of one mile; February 1969 edition of the Florida State Road South, Range 25 East, adistanecofone-halfmile; thence Department General Highway map of Lake thence. . 27F-5.03 Principles for Guiding (18) Turningandrunningsouthalongthecast County as a paved road running West and then (39) Westalongthenorthboundarylincofthe Development. boundary line of Section 22 in Township 22 north of Lake Susan; thence south half-section of Section 24 in Township 27 (1) Objectives To Be Achieved South, Range 24 East, a distance of one mile; (29) Turning and running north, then South, Range 25 East,adistanceofonc-halfmile; (a) Minimize the adverse impacts of thence easterly, along the easterly, then southerly, thence developmentonrcsourcesoftheFloridanAquifer, (I 9) Turning and running cast along the north right-of-way line of Lake Shore Road a distance of (40) North along the west boundary line of wetlands, and flood-dctention areas. boundary line of Sections 26 and 25 in Township 1.5 miles, more or less, to a point in Section 6, Section 24 in Township 27 South, Range 25 East (b) Protect the normal quantity, quality and 22 South, Range 24 East and Section 30 in Township 23 South, Range 26 East, which point a distance of one-half mile; thence I now of ground water and surface water which are Township 22 South, Range 25 East, a distance of is the intersection of the southerly right-of-way (41) West along the north boundary line of necessary for the protection of resources of state three miles; thence line of Lake Shore Road with the west Sections 23 and 22 in Township 27 South, Range and regional concern. (20) Turning and running north along the right-of-way line of Lake Louisa Road, which is 25 East, to a point where said boundary line (c) Protect the water available for aquifer, west boundary of Section 20,Township 22 South, depicted on the February 1969 edition of the intersects the northeasterly right-of-way line of recharge. Rangc25 Easttoafx)intintliesouthright-of-way Flurida State Road Department General State Road 559, a distance of 1.2 miles, more or (d) Protect the functions of the Gi ccn Swamp 27F-5.04 EXECUTIVE OFFICE OF THE GOVERNOR 336 337 GREEN SWAMP AREA - POLK COUNTY 27F-6.04 Potcntiometric High of the Floridan Aquifer. (c) Soils All soil exposed as a should differentiate between the natural concern and to provide a land and water (e) Protect the normal supply of ground and result of site development suitability of the wetlands, flatwoods management system to protect such resources and surface water. alteration or and uplands. facilitate orderly and well planned growth. To (f) Prevent further salt-water intrusion into development activities Specific Authority 380.05(l) FS. Law Implemented effectively and equitably accomplish such the Floridan Aquifer. should be located and 380.05 FS. Hisiory-New 7-25-74, Formerly purposes, these regulations should be (g) Protect or improve existing ground and stabilized in a manner 22F.5.04: implemented by the local government through surface-water quality. to prevent the 27F-5.03 Technical Assistance. In existing administrative procedures and pursuant (h) Protect the water-rctention capabilities of alteration of the developing appropriate regulations for the Green to Chapter 27F-5, Florida Administrative Code, wetlands. natural flow regime. Swamp Critical Area, pursuant to Subsection to achieve the following objectives: (i) Protect the biological-filtering capabilities All soil exposed as a 380.05(5), Florida Statutes, the Southwest (1) Minimize the adverse impacts of of wetlands. result of site Florida Water Management District and the development on resources of the Floridan Aquifer, (i) Protect the natural flow regime of drainage alteration or Bureau of Land and Water Management, wetlands and flood-detention areas. basins. development activities Department (if Community Affairs are (2) Protect the normal quantity, quality and 10 Protect the design capacity of should be restored hereby directed to assist the counties of Lake flowofground waterand surface water which arc t@,n areas and the water-management with suitable and Polk. necessary for the protection of resources of state these areas through the maintenance vegetation. Specific Authority 380.05(l) FS. Law and regional concern. Implemented .,ic characteristics of drainage basins. (d) Ground Water Ground water 380.03 FS. History-New 7-25-74, Formerly (3) Protect the water available for aquifer _111ents withdrawal should 2217-5.05. recharge. ,,,equiring Regulatory not exceed the safe (4) Protect the functions of the Green Swamp 27F-5.06 Effective Date. Commencing potentiometric High of the Floridan Aquifer. Regulation Guidelines yield per acre as fifteen (15) days after adoption by the determined by the (5) Protect the normal supply of ground and Site Platting 'Me platting of land Administration Commission, the principles for surface water. Southwest Florida guiding development contained herein shall ap should be permitted Water Management ply (6) Prevent further salt-watcr intrusion into to all development undertaken in the critical area. the Floridan Aquifer. only when such District, or its Specific Authority 380.05(l) FS. Law Implemented platting commits successor agency. 380.05 FS. History-New 7-25-74, Formerly (7) Protect or improve existing ground and development to a (e) Storm-Water Storm-water runoff 22F-5.06. surfacc-water quality. pattern which will not should be released (8) Protect the water-retention capabilities of result in the alteration into the wetlands in a wetlands. of the natural surface CHAPTER 27F-6 manner (9) Protect the biological-filtering capabilities water flow regime approximating the LAND PLANNING of wetlands. and which will not natural flow regime. PART VI (10) Protect the natural flow regime of reduce the natural (f) Solid Waste Solid waste disposal BOUNDARY AND REGULATIONS FOR drainage basins. recharge rate of the- facilities should be THE GREEN SWAMP AREA OF (11) Protect the design capacity of Ln platted site. - located in areas and CRITICAL STATE CONCERN flood-detention areas and the water-management (b) Site Alteration Site alteration should operated in a manner POLK COUNTY objectives of these areas through the maintenance be permitted only that will not adversely (Formerly 22F-6) of hydrological characteristics of drainage basins. 0 when such alteration affect the 27F-6.01 Short Title. Specific Authority 380.05 FS, Chapter 27F-5. FAC will not adversely ground-water system. 27F-6.02 Purpose and Intent. Law Implemented MaO5(8) FS_ History-New affect the natural (g) Structures Structures should be 27F-6.03 Agricultural Exemption. 7-20-75, Formerly 22F-6.02. lurface-water flow placed in a manner 27F-6.04 Vested Rights in Property. 27F-6.03 Agriculturzl Exemption. The use regime or natural that will not adversely 27F-6,01 Definitions, of any land for the purpose of growing plants, recharge capabilities affect the natural flow 27F-6.06 Boundary. crops, trees, and other agricultural or forestry of the site. regime and which 27F.6.07 Applicability. products; raising livestock; or for other purposes Site alteration should will not reduce the 27F-6.08 General Minimum Standards. directly related to all such uses are exempt from he permitted only recharge capabilities. 27F-6-09 Permit Requirements. these regulations, for example, but not limited to, when such alteration Placement of 27F.6.10 Minimum Requirements. wells, access roads, utilities, and utility lines. will not cause structures should be 27F-6.11 Appeals and Notification. Lands lying fallow are deemed to be used for siltation of wetlands consistent with sound 27F-6.12 Variances. agricultural purposes. However, whenever any or reduce the natural flood plain 27F-6.13 Amendments. retention and Filtering person carries out any activity defined herein, as management practices 27F-6.14 Enforcement. development or applies for a development permit, capabilities of such as compliance 27F-6-15 Severability. as defined herein, to develop exempted land, these wetlands. with the Flood regulations shall apply to such application and to All site alteration Disaster Protection 27F-6.01 Short Title. This chapter shall be activities should Act of 1973. known as the Polk County Green Swamp such land. p r Specific Authority 380.05 FS, Chapter 27F-5, FAC ovide for water Specific Authority 380 FS. Law Implemented 380.05 Development Code. Law Implemented 380.05 FS. History-New 7-20- 75, retention and settling FS. History-New 7-25-74, Formerly 22F-5.03. Specific Authority 380.05 FS, Chapter 2717-5, FAC Formerly 22F-6.03- facilities; should Law Implemenied 380.05(8) FS. History-New maintain an overall 27F-3.04 Administration. 7-20-75, Formerly 2217-6.01. 27F-6.04 Vested Rights in Property. Where site runoff equivalent (1) All land-development regulations adopted 27F-6.02 Purpose and Intent. Pursuant to vcstcd rights in property exist pursuant to to the natural flow pursuant to these guidelines should be Section 7, Article 11, of the Florida Constitution Subsection 380.05(15), Florida Statutes, these gime prior to administered by the local government. regulations shall not @b"cm- Any person alteration and should (2) To the extent possible, local regulations, as and Section 380.05, Florida Statutes, it is the whose rights may nalWed pursuant to m'e3intain a runoff rate required by Subsection 380.505(5), Florida purpose of these regulations to conserve and Subsection 380.05( 15), .., may seek a which does not cause Statutes, should be performance oriented, and protect the environmental and economic resources determination from the local government having crosion. of the Green Swamp Area of Critical State 27F-6.03 &ECUTIVE OFFICE OF THE GOVERNOR 338 339 GREEN SWAMP AREA - POLK COUNTY 27F-6.os jurisdiction over development or the Bureau of commission, agency, or other instrumentality Pompano Sand, acid Wauchula (Leon, lying beneath the surface of 10und. Land and -Water Management, Department of thereof; Placid sand, slightly heavy substrata) (43) "Uplands" means discrete areas which Ckimmunity Affairs. Request for vested rights (b) This state or any department, commission, wet have one or more of the following naturally determination from the Bureau of Land and agency, or other instrumentality thereof; occurring soils, or any other soil classified by the Water Management, Department of Community (c) Any local government, as defined in this (29) "Potentiometric Surface" means the U. S. Soil Conservation Service as indicative. Affairs shall be submitted as a petition for a chapter, or any department, commission, agency, imaginary surface coinciding with levels of Lake Astatula (Lakeland) declaratory statement pursuant to Subsection or other instrumentality thereof; artesian pressure. Apopka (Blanton) Cassia 120.56, F. S., and upon a form as prescribed by the (d) Any school board or other special district, (30) "Recharge" means the downward Lucy Orlando Bureau. authority, or other governmental entity. percolation ofsurfacc water into any underground Paola (Lakewood) Pomello Sperific Authority 380. 05, 120.56 FS, *Chapter 27F-5, (16) "Green Swamp" means those lands formation. St. Lucie Tavares FAC Law Implemented 380. 05(8) FS. History-New within Polk County which lie within the (31) "Regional planning agency" means the Vaucluse .?0.75, Formerly 22F-6.04. boundaries delineated by the legal description in 11gency designated by the state land planning (44) "Water Quality" means the chemical, Definition*. 27F-5.02, Florida Administrative Code. agency to exercise responsibilities under this physical and bacteriological composition of water (17) "Ground Water" means water beneath chapter in a particular region of the state. determined by the measurements of appropriate inistration commission" or the surface of the ground, whether or not flowing (32) "Regulatory Flood Level" means the tests as cited in 40 Code of Federal Regulations means the Governor and the through known and definite channels. level of the flotod which is representative of large 136, and Chapter 17-19, Florida Administrative .,id for purposes of this chapter, the floods known to have occurred generally in the Code. ,ussion shall act on a simple majority. (18) "Hydroperiod" means that portion ofthc "Aquifer" means an underground hydrologic cycle during which water is at or on the area and reasonably characteristic of what can be (45) "Wetlands" means discrete areas which j;,@attion. or group of formations, or part of a isoii surface. expected to occur on a particular stream. The have one or more of the following naturally forniation, that is permeable enough to transmit (19) "Land" means the earth, water, and air, Regulatory Flood generally has a flood frequency occurring soils, or any other soil classified by the and store usable quantities of water. above, Wow, or on the surface, and includes any of approximately 100 years as determined from an U. S. Soil Conservation Service as indicative of a (3) "Artesian Aquifer" means an aquifer that improvements or structures customarily regarded analysis of floods in a particular area. wetland: contaiiis --esian water. as land. (33) "Rule" means a rule adopted under Anclote Pamlica (4) "Aricsian Water" means ground water (20) "Land development regulations" include Chapter 120. Basinger (Plummer) Pla6d (Ruilege) that is under sufficient pressure to rise above the local zoning, subdivision, building, and other (34) "Rural Residence" means a single family Iberia Iberia & Manatee level at which it is encountered by a well, but regulations controlling the development of land. residence which is to be a dwelling for the property Oklawaha Fellowship which does not necessarily rise to or above the (21) "Land use" means the development that owner. Pelham Emeralda @urfacc of the ground. has occurred on land. (35) "Site Alteration" means a development Pompano Feldo (5) "Board" means the Polk County Board of (22) "Local government" means any county or including, but not limited to, removal of, or Anclote & Nlyakka Ocoee County Commissioners. municipality and, where relevant, any joint damage to, vegetation; by filling, ditching, Placid & Myakka Peace River Soils (6) "Development," &cc definition (46) airport zoning board. dredging, draining, excavation, earth moving, Brighton Swamp Ln (7) "Development order" means any order (23) "Major public facility" means any water containment and changes in the natural Manatee Myakka & Placid publicly owned facility of more than local flow regime, or the effects of such actions. (46)(a) "Development" means the carrying granting, denying, or granting with conditions an (36) "State land development plan" means a out of any building or mining operation or the application for a development permit. significance. (24) "Natural Flow Regime" means the comprehensive statewide plan or any portion making of any material change in the use or (8) A "development permit" includes any v thereof setting forth state land development appearance of any structure or land and the building permit, zoning permit, plat approval, or I elocity, volume, and direction of the surface or policies. dividing of land into three or more parcels. rezoning, certification, variance, or other action ground water now presently occurring for any having the effect of permitting development as given portion of the Area of Critical State (37) "State land planning agency" means the (b) The following activities or uses shall be dcrined in this chapter. Concern. I agency designated by law to undertake statewide taken for the purposes of this chapter to involve (25) .' Parcel of land" means any quantity of comprehensive planning. development, as defined in this section: (9) "Developer" means any person, including ion of the size, or a governmental agency, undertaking any land capable of being described with such (38) "Structure" means anything constructed, 1. A reconstruction, alterat development as defined in this chapter. definitenen that its location and boundaries may installed, or portable, the use of which requires a material change in the external appearance, of a (10) "Discharge" means the outflow of water be established, which is designated by its owner or location on a parcel of land. It includes a movable structure on land. from a site, aquifer, or drainage basin., developer as land to be used or developed as a unit, structure while it is located on land which can be 2. A change in the intensity of use of land, such (11) "Drainage Facilities" means any canal, or which has been used or developed as a unit. used for housing, business, commercial, as an increase in the number of dwelling units in a ditch, culvert, dike or other facility which lowers (26) "Peak Surface - Water Discharge" agricultural, or office purposes either temporarily structure or on land or a material increase in the means the maximum discharge rate subsequent to or permanently. Structure also includes fences, number of businesses, manufacturing the surface or ground water table, acts as a billboards, swimming pools, poles, pipelines, establishments, offices, of dwelling units in a conduit, diverts or directs the flow of water or an occurrence of effective precipitation. (27) "Person" means an individual, transmission lines, tracks, and advertising signs. structure or on land. otherwise affects the natural now regime. corporation, governmental agency, business trust, (39) "Surface Water" means water upon the 3. Alteration of a shore or bank of a seacoast, (12) "Effective Precipitation" means that part estate, trust, partnership, association, two or more surface of the earth, whether contained in bounds river, stream, lake, pond, or canal, including any of the precipitation (rainfall) which contributes to persons having a joint or common interest, or any created naturally or artificially or diffused. Water coastal construction as defined in Subsection direct surface runoff. means the other legal entity. from natural springs or wells shall be classified as 161.021. (13) "Flood Frequency" (28) "Pine Flatwoods" means those discrete surface water when it exits from the spring or well 4. Commencement of drilling (except to obtain statistically determined average for how often a areas which have one or more of the following onto the earth's surface. soil samples) mining, or excavation on a parcel of specific flood level of discharge may be equaled or naturally occurring soils, or any other soil (40) "Total Site" means land which is part of land. exceeded. common plan of development, rental, advertising 5. Demolition of a structure. (14) "Floridan Aquifer" means the aquifer classified by the U. S. Soil Conservation Service as which consists of a series of limestone formations indicative of a pine flatwood: or sale. 6. Clearing of land as an adjunct of Bushnell Broward (41) "Total Surface-Watcr Discharge" means construction. which range from middle Eocene to Miocene in Immokalec Eureka the total volume of surface water discharged 7. Deposit of refuse, solid or liquid waste, or age and that underlies most of Florida and is a Ona Myakka (Leon) subsequent to the occurrence of effective fill on a parcel of land. major source of ground water for the state. Scranton Panasofflice precipitation. (c) The following operations or uses %hall not (15) "Governmental agency" means: (42) "Underground Formation" incans any be taken for the purpose of this chapter to involve (a) The United States or any department, Wabasso (Leon loamy St. Johns substrata) geological unit, part of a unit, or group of units development as defined in this section: 27F-6.08 EXECUTIVE OFFICE OF THE GOVERNOR 340 341 GREEN SWAMP AREA - POLK COUNTY 27F-6.09 1. Work by a highway or road agency or Law Implemented 380.05(8) FS. Histary-New stabilized and retention ponds or performance with the standards and regulations of the railroad company for the maintenance or 7-20*75, Formerly 22F-6.07. equivalent structures or Systems maintained in Southwest Florida Water Management District improvement of a road or railroad track, if the 27F-6.08 General Minimum Standards. All order to retain runoff and siltation on the or its successor agency. worki's carried out on land within the boundaries development within the Green Swamp Area of construction site. (16) Placement (if structures shall be consistent of the rights-of-way. Critical State Concern shall meet the following (7) Any altered site shall be revegetated and with sound floodplain management practices such Z Work by any utility and other persons standards and criteria: such revcgetation shall be subsequently completed as compliance with Flood District Disaster engaged in the distribution or transmission of gas (1) The developer shall provide for the release within 180 days following completion of a Protection Act of 1973. or water, for the purpose of inspecting, repairing, of surface water runoff, collected or uncollected, in development. Revegetation shall be accomplished Specific Authority 38005 FS, Chapter 27F-5, FAC. renewing, or constructing on established a manner approximating the natural, @ surface with pre-existing species or other suitable species Law Implemented 380.05(8) FS. History--Ncii, except that undesirable exotic species shall not be 7-20-75, FOrmcrlY 22F-6.08. rights-of-way any sewers, mains, pipes, cable:, Water flow regime of the area. Utility tunnel% power lines, lowers, poles, track (2) The first floor or basement floor of all Ireplanted or propagated. 27F-6.09 Permit Requirements. or the like. structures shall be constructed at least one (1) foot (8) Fill areas and related dredge or borrow (1) Any development as defined herein 3. Work for the maintenance, renewal, above the Regulatory Flood Level for the ponds shall he aligned substantially in the undertaken in the Green Swamp Area of Critical improvement, or alteration of any structure, if the particular area. direction of local surface water flows and shall be S,a,cConcern shall require a development permit. work afTects only the interior or the color of the (3) Treatment of storm-water runoff shall be separated from other fill areas and ponds by areas Development permits for any change in zoning, structure or the decoration of the exterior of the provided by settling ponds, soil fixatives, control of of vegetation of comparable size. Dredge or plat approvals or vacancies shall be issued in the structure. non-point chemical pollutants, or the performance borrow ponds shall provide for the release of storm form of a development order as defined in these 4. Ile use of any structure or land devoted to equivalent structures or systems when such runoff Waters as sheet flow from their downstream end regulations. An application for a development dwelling uses for any purpose customarily may contaminate surface or ground water and into areas of vegetation. Access roads to and permit shall be submitted to the Polk County incidenial to enjoyment of the dwelling. resources. between fill areas shall provide for the passage of Planning Department, or the Polk County -@r use of any land for the purpose of (4)(a) Except as provided for in paragraph (b) water in a manner approximating the natural Building and Zoning Codes Department, !.ints, crops. trees, and other of this standard, site alternation shall be limited in flow regime and designed to accommodate the So whichever shall be designated by the Board, - forestry products; raising livestock; accordance with the natural drainage capabilities year storm. Fill areas and related ponds shall not together with any reasonable fee set by the Board. gricultural purposes. of the major soil associations. The amount of site substantially retain or divert the total flow. (2) Prior to issuance of any development A cli- e in use of land or structure from a alteration shall be limited to the following (9) Man-made lakes, ponds, or other permit, an applicant shall submit a development .vithin a class specified in an ordinance or rule percentages of the area of each association within containment works shall be constructed with a plan to the county agency designated by the Board nother use in the same class. any given total site: maximum slope of 30 degrees to a depth of six feet pursuant to subsection (1) of this rule. The . A change in the ownership or form of Upland association 60% of water. Whenever mineral extraction is development plan shall affirmatively demonstrate rwncrship of any parcel or structure. Pine Flatwood completed in new quarries, shoreline sloping, 8. The creation or termination of rights of that the proposed development meets or exceeds assofciation 25% revegetation, and contouring of soils or tailings the requirements of this Code. No permit shall be access, riparian rights, casements, covenants Weiland association 10% shall be completed before abandonment. Existing issued until the requirements of this Code are met. LF1 concerning development of land or other rights in The installation of non-pcrmeable surfaces quarry lakes shall be exempt from this provision, The development plan shall include the .e@, land. shall be limited to 50% of any altered site. except that whenever any person carries out any description and scope of the proposed project in (d) "Development," as designated in an However, a minimum of 2,500 square feet may be activity defined as development or applies for a report form. The development plan shall include, ordinance, rule, or development permit includes covered with non-permeable surfaces on any development permit, as defined herein, to develop but not be limited to, the following documents and all other development customarily associated with permitted site. any existing quarry lake area, these regulations information: it unless otherwise specified. When appropriate to (b) For the public and quasi-public uses listed shall apply. (a) A certified survey of the site showing the context, development refers to the act of below the site alteration shall be limited to 60% of (10) Development shall not detrimentally topography in no more than one (1) foot contours developing or to the result of development. the total site size provided the site is located on an change the quantity of ground and surface water in the wetlands and the pine flatwoods and two (2) Reference to any specific operation is not intended upland or a pine flatwood soil association. Except available for recharge to the Floridan Aquifer. A foot contours in the uplands by a land surveyor to mean that the operation or activity, when part of for recreational purposes, these uses shall be developer shall not cause storm water from the site registered in the State of Florida. other operations or activities, is not development. excluded from the wetlands: to discharge or runoff into an existing sinkhole. (b) A soil analysis prepared by a registered Reference to particular operations is not intended 1. Public education facilities; (11) The development shall not impair the professional engineer or the U. S. Soil to limit the generality of subsection (1). C. 2. Governmental structures which provide water retention and filtering capacity of wetlands Conservation Service which will be detailed and Specific Authority 380.05 FS, Chapter 27F-5. FA tax-supported services to the residents of Polk soils or vegetation. accurate enough to allow for the soils Law Implemented 380.05(8) FS. History-New County (12) New drainage facilities shall release determination required in Section 7-20- 75, Formerly 22F-6.05. 3. Public utilities or municipal or other water in a manner approximating the natural 27F-6.08(4)(a), of this Code. 27F-6.06 boundary. These rules shall apply governmental agencies' generation systems for local surface flow regime, through a spreader (c) A statement by a registered professional to the Polk County portion of the Green Swamp gas, electricity, or steam. pond or performance equivalent structure or engineer indicating expected changes in surface Area of Critical State Concern as designated by (c) It shall be the responsibility of the system, either on site or to a natural retention or and ground water quality discharge, and artesian Chapter 27F-5.02, Florida Administrative Code. developer to provide the information which will natural filtration and flow area. New drainage aquifer recharge characteristics of the site before, Specilic Authority 380.05 FS, Chapter 27F-5, FAC. allow satisfactory determination of whether such facilities shall also maintain a ground water level during, and after development and specifying any Law Implemented 380.03(g) FS. History-New lands lie within the uplands associations, pine sufficient to protect Weiland vegetation through measures necessary to approximate existing 7-20-73, Formerly 22F-6.06. flatwood associations, Weiland associations, or any the use of weirs or performance equivalent quality and quantity in surface and ground 27F-6.07 Applicability. ne regulations set combination therecif. This determination shall be structures or systems. Said facilities shall not waters. forth in this Code shall only apply to that portion made in accordance with Section 27F-6.09(2)(b), retain, divert, or otherwise block or channel the (d) A vegetation map of the site. of Polk County within the Green Swamp Area of Florida Administrative Code. naturally occurring flows in a strand or slough. (c) A development implementation schedule. Critical State Concern. These regulations shall be (5) Except for roads, any nonpermeable (13) Solid waste disposal sites shall meet all the (f) A site plan indicating any proposed construed as being supplementary and surface greater than 20,000 square feet shall requirements of this Code. alteration or development. complemen taryjlftreg@lat ions imposed on the provide for release of surface runoff, collected or (14) Site alteration shall be permitted only (g) A Impact A Statement as lands uncollected, in a manner approximating the when such alteration will not cause siltation of required by zonin "cle Urcs. same ounty or any other wetlands or reduce the natural retention and 9 chn ed fil 'I governmental JWticin. natural surface water now regime of the area. filtering capabilities of wetlands. (3) A development fil .1 not be required Specific Ati(hodty 38ao5 Fs, Chapter 27F-3, FAC. (6) Soils exposed during site alteration shall be (15) Ground water withdrawal shall comL)lv in the following three (3) instances unless' 27F-6.15 CUTIVE OFFICE OF THE GOVERNOR 342 343 GREEN SWAMP AREA - LAKE COUNTY 27F-7.05 specifically requested by a county agency: such development is designed consistent with 27F-7.06 Boundary. 2717-7.03 Agricultural Exemption. The use (a) The modification of any single-family critical area regulations to have minimum adverse 27F-7.07 Master Land Use Plan. of any land for the purpose of growing plants, residential structure for the uses of a single family. impact on the area's water storage capacity, 27F-7.08 Performance Criteria. crops, trees, and other agricultural or forestry (b) The construction of any rural residence, as surface water flow and wetlands. The applicant 27F-T09 General Provisions. products; raising livestock; or for other purposes referred to in this Code, shall require only the site shall have the affirmative burden of establishing 27F-7.10 Minimum Requirements. directly related to all such uses are exempt from plan and certified soil analysis. that the development will have a minimum 27F-7.11 Enforcement. these regulations, for example, but not limited to, (c) The four laning of U. S. 98 by the Florida adverse impact on such resources. 27F-7.12 Variances. wells, access roads, utilities, and utility lines. Department of Transportation between 1-4 and Specific Authority 380.05 FS, Chapter 27F-5, FAC. 27F-7.13 Appeals. Lands lying (allow are deemed to be used for the Polk County Line, and any construction or Law Implemented 380.05(g) FS. His(ory-New 27F-7.14 Amendments. agricultural purposes. However, whenever any alteration caused by acquiring the right-of-way 7-20-75, Formerly 22F-6.12. 27F-7.15 Severability. person carries out any activity defined herein, as needed for this facility. I d lopment or applies for a development permit, 27F-6.15 Amendments. Upon adoption by I 27F-7.01 Short Title. This chapter shall be a:evdeerjncd herein, to develop exempted land, these (4) Adevelopmentpcrmitshalinotberequired the County Commission of any land development it known as the Lake County Green Swamp r gulations shall apply to such application and to by this chapter in the following two (2) instances regulations which would apply solely to the Green Development Code. unless otherwise required by these applicable Swamp Area of Critical State Concern, such such land. county ordinances or regulations: regulations shall be transmitted to the Bureau of Specific Aufhorit 'v 380.05 FS. Chapter 27F-5, F. A. C. Specific Authority 380.03 FS, Chapter 27F-5, FAC. Law Implemented 380-05(8) FS. History-New (a) The modification of, any existing Land and Water Management., Department of 7-20-75. Formerly 22F-7.0i. Law Implemented 380.05(8) FS. History-New Atntial structure that does not exceed ten (10) Community Affairs. If the Bureau finds 7-20-75, Formerly 22F-7.03. a[ the square footage of its original that such regulations comply with the prin- 27F-7.02 Purpose and Intent. Pursuant to 27F-7-04 Vested Rights in Property. Where ciples for guiding development specified in Section 7 Article 11, of the Florida Constitution vested rights in property exist pursuant to Section @)c residential accessory structure may be Chapter 27F-5, Florida Administrative Code, and Section 380-05, Florida Statutes, it is the 380.05(15), Florida Statutes, these regulations nut to exceed six hundred (600) square feet, purpose of these regulations to con r-vc and shall not abridge them. Any person whose rights adopted by the Administration Commission . SC uvidcd such structure does not exceed the site pursuant to Chapter 380, Florida Statutes, the protect the environmental and economic resources may have vested pursuant to Section 380.0505), coverage stipulated in 27F-6.08(4)(a) of this Bureau shall by rule, approve the submitted of the Green Swamp Area of Critical State F. S., may seek a determination from the local chapter. regulations. Approved regulations shall supersede Concern, and to provide a land and water government having jurisdiction over development Specific Authority 380.05 FS, Chapter 27F-.5, FAC. any regulations previously adopted for the Green management system to protect such resources and or from the Bureau of Land and Water Law Implemented 38,0.03(8) FS. History-New . to facilitate orderly and wcll-planned growth. To 7.20-75, Amended 4-19-77. Formerly 22F-6.09. Swamp Area of Critical State Concern. Management, Department of Community Af- Specific Authority 380.05 FS, Chapter 27F-3, PAC. effectively and equitably accomplish such fairs. Request for vested rights determination 27F-6.10 Minimum Requirements. The Law Implemented 380.03(8) FS. Hisiory-New purposes, these regulations should be Formerly 22F-6.13. implemented by the local government through from the Bureau shall be submitted as a petition provisions of this Code shall be considered to be 7-20-75, for a declaratory statement pursuant to Section minimum requirements for the protection and 27F-6.14 EnforcemenL Pursuant to Section existing Administrative procedures, and pursuant 120.56, F. S., and upon aformasprcticribedby the 380.05(8), Florida Statutes, this Code shall be achieve the following objectives: Specific Authority 380.05, 120-56 FS, Chapter 27F-5. promotion of the public health, safety, or general to Chapter 27F-5, Florida Administrative Code, Bureau. welfare. Whenever the requirements of this Code administered by the local government as if the (1) Minimize the adverse impacts of PAC Law implemented 380. 05(g) FS History-Ncw Lpi areatvariancewiththerequirementsofanyother regulations constitute or arc a part of the local land development on resources of the Floridan Aquifer, 7-20-73, Formerly 22F-7.04. rules, regulations or codes, which are a proper development regulations. wetlands and nood-cletention areas. 27F-7.05 13cfmitions. exercise of authority of a governmental Spedfic Authority 380-05 FS, Chapter 27F-5, FAC. (2) Protect the normal quantity, quality and jurisdiction, the more restrictive standards shall Law implemented 380-05(8) FS. Histary-Ne- now of ground water and surface water which are (1) "Administration Commission" or g9vern. 7-20-75, Formerly 22F-6.14. necessary for the protection of resources of state "Commission" means the Governor and the Specific Authority 380.05 FS, Chapter 27F-5, FAC. Cabinet, and for purposes of this chapter the Law Implemented 380050) FS. History-New 27F-6.15 Severability. If any one or more of and regional concern. 7-20-75, Formerly 22F-6.10. the provisions of these regulations or the (3) Protect the water available for aquifer Commission shall act on a simple majority. application of such provisions to any situation, recharge. (2) "Aquifer" means an underground 27F-6.11 Appeals and Notification. Appeals circumstance or person shall for any reason be (4) Protect the functions of the Green Swamp formation or group of formations that are from a local government's decision on held invalid, such invalidity shall not affect any Potentiometric High of the Floridan Aquifer. permeable enough to transmit and store usable development orders in the Green Swamp Area of other provision of them regulations or the (5) Protect the normal supply of ground and quantities of water. Critical State Concern shall be made to the application of such regulations to any other surface water. (3) "Artesian Aquifer" means an aquifer in Florida Land and Water Adjudicatory situation, circumstance or person. (6) Prevent further salt-water intrusion into which water is confined so that its surface is not Commission by filing a notice of appeal with the Spedfic Authority 380-05 R@ Chapter 27F-3, FAC the Floridan Aquifer. free to rise. Commission in accordance with Section 380.07, La. Impleincta 380.o(a) FS. History-Ne- (7) Protect or improve existing ground and (4) "Artesian Water" means ground water Florida Statutes. A copy of each development 7-20-73, Formerly 22F-6.15. surface water quality. that is under sufficient pressure to rise above the order issued in the Green Swamp Area of Critical (8) Protect the water-rctention capabilities of level at which it is encountered by a well, but State Concern shall be transmitted to the Bureau CHAPTER 27F-7 wetlands. which does not necessarily rise to or above the of Land and Water Management, Department of LAND PLANNING (9) Protect the biological-filtering capabilities surface of the ground. " see definition (44). Community Affairs and to the developer PART VII of wetlands. (5) "Development, or owner of the property affected by such BOUNDARY AND REGULATIONS FOR (10) Protect the natural flow regime of (6) "Development Order" means any order decision. THE GREEN SWAMP AREA OF drainage basins. granting, denying, or granting with conditions an Spedfic Authority 380.05 FS, Chapter 27F-3, FAC CRITICAL STATE CONCERN (I 1) Protect the design capacity of application for a development permit. Law Implemented 380.05(8) FS. History-New LAKE COUNTY flood-dctention areas and the water-management (7) A "Development Permit" includes any 7.20- 75, Formerly 22F-6.1 1. (Formerly 22F-7) objectives of these areas through the maintenance building permit, zoning permit, plat approval, or 2717-6.12 Variances. Variance procedures of hydrologic characteristics of drainage basins. rezoning, certification, variance, or other action provided in local ordinances shall apply to the 27F-7.01 Short Title. Specilic Authority 380.05 FS, Chapter 27F-5, FAc. having the effect of permitting development as Green Swamp Area of Critical State' Concern. 27F-7-02 Purpose and Intent. Law Implemented 380.05(8) FS. Hisiory-New defined in this chapter. However, in addition to the standards provided in 27F-7.03 Agricultural Exemption. 7.20-75, Formerly 22F-7.02. (8) "Developer" means any person, including such ordinances, no variance shall be granted for 27F-7.04 Vested Rights in Property. a governmental agency, undertaking any any development within the critical area unless 27F-7.05 Definitions. development as defined in this chapter. 27F-7.03 EXECUTIVE OFF ICE OF THE GOVERNOR 344 343 GREEN SWAMP AREA - LAKE COUNTY 27F-7.03 (9) "Discharge" means the outflow of water publicly owned facility of more than local (36) "State Land Planning Agency" means the structure on land. frou a site, aquifer, or drainage basin. significance. agency designated by law to undertake statewide 2. A change in the intensity of use of land, such (10) "Drainage Basin" means a drainage (25) "Natural Flow Regime" means the comprehensive planning. as an increase in the number of manufacturing sivem, consisting of surface streams or bodies of velocity, volume, and direction of the surface or (37) "Structure" means anything constructed, establishments, offices, or dwelling units in a impounded surface water together with all ground water flow presently occurring for any installed, or portable, the use of which requires a structure or on land. tributary surface streams and bodies of given portionofthe Green Swamp Area ofCritical location on a parcel of land. It includes a movable 3. Alteration of a shore or bank of a seacoast, impounded water. State Concern. structure while it is located on land which can be river, stream, lake, pond, or canal, including any (11) "Drainage Facilities" means any canal, (26) "Parcel of Land" means any quantity of used for housing, business, commercial, coastal construction as defined in Section 161.021, ditcb, culvert, dike or other facility which lowers land capable of being described with such agricultural, or office purposes either temporarily Florida Statutes. the surface or ground water table, acts as a definiteness that its location and boundaries may or permanently. Structure also includes fences, 4. Commencement of drilling (except to obtain conduit, diveru or direct& the flovi of water or be established, which is designated by its owner or @illboards, swimming pools, poles, pipelines, soil samples) mining, or excavation on a parcel of otherwise affects the natural (low regime. developer as land to be used or developed as a unit. transmission lines, tracks, and advertising signs. land. (12) "Effe"ivc Precipitation" means that part (27) "Person" means an individual, (38) "Surface Water" means water upon the 5. Demolition of a structure. of the precipita.,ion (rainfall) which contributes to corporation, governmental agency, business trust, surface of the earth, whether contained in bounds 6. Clearing of land as an adjunct of direct surface runoff. estate, trust, partnership, association, two or more created naturally or artificially or diffused. Water construction. ' (13) "Flood or Flooding" means a temporary persons having a joint or common interest, or any from natural springs or wells shall be classified as 7. Deposit of refuse, solid or liquid waste, or r1se in water levels that results in inundation of other legal entity. surface water when it exits from the spring or well fill on a parcel of land. normally dry land areas from the overflow of (28) "Pine Flatwoods" means those general onto the earth's surface. (c) The following operations or uses shall not sireams or other inland waters or from a rise in discrete areas which have one or more of the (39) "Total Site" means land which is part ofa be taken for the purpose of this chapter to involve coastal waters. following naturally occurring soils. common plan of development, rental, advertising development as defined in this section: "Flood-Prone Area" means any area Soils or sale. 1. Work by a highway or road agency or at or below the water surface elevation Albany Wauchula (40) "Underground Formation" means any railroad company for the maintenance or -tory flood level." Pompano sand, acid Eureka geological unit, part of a unit, or group of units improvement of a road or railroad track, if the idan Aquifer" means the aquifer Immokalee Myakka lying beneath the surface of the ground. work is carried out on land within the boundaries of a series of limestone formations Ona Placid sand, (41) "Uplands" means those general discrete of the right-of-way. range from middle Eocene to Miocene in Wabasso slightly wet areas which have any of the following naturally 2. Work by any utility and other persons nd which underlies most of Florida and is a occurring soils. engaged in the distribution or transmission of gas r source of ground water for the state. (29) "Potentiometric Surface" means the Soils or water, for the purpose of inspecting, repairing, 6) "Governmental Agency" means: imaginary surface coinciding with levels of Apopka Astatula renewing, or ' constructing on established (a) The United States or any department, * artesian *pressure. Ocilla Lake rights-of-way any sewers, mains, pipes, cables, commission, agency, or other instrumentality (30) "Recharge" means the downward Lucy Orlando utility tunnels, power lines, towers, poles, tracks, Paola Pomello or the like@ .hereof; percolation of surface water into any underground (h) This state or any department, mmmission, formation. St. Lucie Tavares 3. Work for the maintenance, renewal, agency, or other instrumentality thereof; (31) "Regional Planning Agency" means the Vaucluse Cassia improvement, or alteration of any structure, ifthe (0 Any local government as defined in this agency designated by the state land planning (42) "Water Quality" means the chemical, work affects only the interior or the color of the chapter, or any department, commission, agency, agency to exercise responsibilities under this physical, and biological composition of water as structure or the decoration of the exterior of the instrumentality thereof; chapter in a particular region of the state. determined by the measurements of appropriate structure. - (d) Any school board or other special district, (32) "Regulatory Flood Level" means the tests as cited in 40 Code of Federal Regulations 4. The use of any structure or land devoted to authority, or other governmental entity. level of the flood which is representative of large 136 and Chapter 17-19, Florida Administrative dwelling uses for any purpose customarily (17) "Green Swamp" means those lands floods known to have occurred generally in the Code. incidental to enjoyment of the dwelling. within Lake County which lie within the area and reasonably characteristic of what can be (43) "Wetlands" means those general discrete 5. The use of any land for the purpose of boundaries delineated by the legal description in expected to occur on a particular stream. The areas which have any of the following occurring growing plants, crops, trees, and other 27F-5.02, Florida Administrative Code. Regulatory Flood generally has a flood frequency soils. agricultural or forestry products; raising livestock; (18) "Ground Water" means water beneath of approximately 100 years as determined from an Soils or for other agricultural purposes. the surface of the ground, whether or not flowing analysis of floods on a particular area. Anclote Manatee 6. A change in use of land or structure from a through known and definite channels. (33) "Rule" means a rule adopted under Iberia Felda use within a class specificd in an ordinance or rule (19) "llydroperiod" means that portion of the Chapter 120. Ohlawaha Placid or another use in the same class. hydrologiccycle duringwhich watcris atoron the (34) "Site Alteration" means development Pelham Ocoee 7. A change in the ownership or form of soil surface. including, but not limited to, removal of, or Pompano Iberia & Manatee ownership of any parcel or structure. (20) "Land" means the earth, water, and air, damage to, vegetation; by filling, ditching, Anclote & Niyakka Swamp 8. The creation or termination of rights of above, below, or on the surface, and includes any dredging, draining, excavation, earth moving, Placid & Myakka Emeralda access, riparian rights, casements, covenants improvements orstructures customarily regarded wa ter containment and changes in the natural Myakka '-- Placid Fellowship concerning development of land, or other rights in as land. flow regime, or the effects of such actions. For the Brighton Momverde land. (21) "Land Development Regulations" purposes of this ordinance, this shall not apply to (44)(a) "Development" means the carrying (d) "Development," as designated in an include local zoning, subdivision, building, and agricultural activities. out of any building or mining operation or the ordinance, rule or development permit includes all other regulations controlling the development of (35) "State Land Development Plan" means a making of any material change in the use or other development customarily associated with it land. comprehensive statewide plan or any portion appearance of any structure or appearance of any unless otherwise specified. When appropriate to (22) "Land Use" means the development that thereof setting forth state land development structure or land and the dividing of land into the context, development refers to the act of has occurred on land. policies. three or more parcels. developing or to the result of development, (23) "Local G men," means any county Of The following activities or uses shall be Reference to any 'pec, r, C. is not intended licipality e, taken for the purposes of this chapter to involve' to mean that the o' or mun: 1h e relevant, any joint pc1.1:on ty, when part of airport development as defined in this section; other operations or activit ot development. (24) 41lic Facility" means any 1. A reconstruction, alteration of the size, or Reference to particular operations is not intended 0-- i@ '" -, -I - - - __ - - , " - I I " . I 97F-7.08 CUTIVE OFFICE OF THE GOVERNOR 346 347 GREEN SWAMP AREA - LAKE COUNTY 27F-7.09 Specific Au(horigy 380.05 FS, Chapter 27F-5, FAC. waters. and other drainage facilities shall be diverted to recharge capabilities of the site. Law Implemented 380.05(8) FS. History-New (d) A statement or assessment by a registered natural percolation areas or artificial seepage 2. That site alteration shall not cause siltation 7.20- 75, Formerly 22F- 7.05. professional engineer that drainage facilities shall basins of at least sufficient capacity to retain the of wetlands or reduce the natural retention of 27F-7.06 Boundary. These regulations shall release water in a manner approximating the storm water runoff from each drainage area for a filtering capabilities of the wetlands. apply to the Lake County portion of the Green natural local surface flow regime, through a fifty (50) year storm. Natural lakes shall not be 3. That all site alteration activities shall Swamp Area of Critical State Concern as spreader pond or performance equivalent used as retention areas for the increased runoff provide for water retention and settling facilities, designated by Chapter 27F-5.02, Florida structure or system, either on site or to a natural generated by development. Drainage facilities shall maintain an overall site runoff Administrative Code. retention or natural Filtration and flow area. shall be provided for all percolation, seepage approximating the natural flow regime prior to Specific Authority 38005 FS, Chapter 27F-5, FAC (4) Exemptions. basins and detention areas to handle the runoff such alterations and shall maintain a runoff rate Law Implemented 380.05(8) FS. History-New A Master Land Use Plan shall not be required from storms which exceed the fifty (50) year storm that does not cause erosion. 7-20- 73, Formerly 22F- 7.06. in the following two (2) instances, unless in duration and severity. (8) Fill Areas, Borrow Pits and Mines. specifically requested by the County Planning (6) Storm drainage facilities shall be designed (a) Fill areas and related dredge and borrow to convey the flow of surface waters without pits shall be aligned substantially in the direction 27F-7.07 Master Land Use Plan. Department or other county agency: (1) Any development as defined in Section (a) The modification of an existing single damage to persons or property. Such systems shall of local surface water flows and shall be separated ensure drainage at all points along streets and from other fill areas and ponds by unaltered areas 380.04, Florida Statutes, undertaken in the Lake family residential structure. County portion of the Green Swamp Area of provide positive drainage away from buildings of vegetation of comparable size. Dredge or (b) Construction of a single family dwelling Critical State Concern shall require a that is not part of A common plan of development. and on-site waste disposal sites. borrow pits shall provide for the release of storm development permit. Development permits for Specific Authority 380.05 FS, Chapter 27F-5. FAC. (7) Site Alteration. waters as sheet flow from their downstream end any change in zoning, plat approval, variances to Law Implemented 380.05(8) FS. Hisfory-New (a) Except as provided for in subparagraph (b) into unaltered areas of vegetation. Access roads to these regulations, and conditional use shall be 7-2o. 75, Formerly 22F- 7.0 7. of this standard, site alteration shall be limited in and between rill areas shall provide for the passage zsucd in the form ofdcvclopment order as defined 27F-7.08 Performance Criteria. accordance with the natural drainage capabilities of water in a manner approximating the natural n Section 380.031, Florida Statutes. of the major soil associations. T1e amount of site flow regime and designed to accommodate the 50 (2) The applicant for a development permit (1) All development in flood prone areas shall alteration shall be limited to the following year storm. Fill areas and related ponds shall not shall submit, at least ten (10) working days prior meet the following standards: percentages of the area of each association within substantially retain or divert the total flow. to issuance of said permit, a Master Land Use (a) Structures that are built in a flood prone any given total site: (b) Man-made lakes, ponds or other Plan as defined herein. The applicant for a area shall have a minimum basement or first floor Upland association 60% containment works shall be constructed with development permit shall have the affirmative level of 12 inches above the regulatory flood level. Pine flatwood maximum slope of 30 degrees to a depth of six feet burden of establishing that the proposed project (b) Development shall not adversely affect the association 25% of water. J1 and supporting data shall meet the requirements natural flow regime or reduce the recharge Weiland association 10% (c) Mining operations shall be completely and objectives of this Code. capabilities of the area. The installation of nonpermeable surfaces shall self-contained and shall retain any waste (3) Master Land Use Plan Requirements. For (c) All development shall be consistent with be limited to 50% of any altered site. However, a materials or water generated by the process of all applicants for permits, except those exempted sound flood plain management practices and minimum of 2,500 square feet may be covered mining on the premises, 'Me operation shall not herein, a Master Land Use Plan shall be required. comply with the Flood Disaster Act of 1973 (PL with nonpermeable surfaces on any permitted site. utilize any surface water from lakes or ponds The Master Land Use Plan shall include, but not 93-234) and Federal Insurance regulations (b) For the public and quasi-public uses listed which are not entirely on the property. be limited to, the following: applicable in flood prone areas. below, site alternation shall be limited to 60% of (d) Any unusable soil or other debris shall be (a) A description of the scope of the proposed (2) Development in the uplands shall not the total site size provided the site is located on an reasonably contoured as it is removed from the development which shall include: significantly reduce the on site percolation rate of upland or pine flatwood soil association. Except mine area, with the exception of the settling area 1. The planning and engineering rain water back into the ground from that which for recreational purposes, these uses shall be and the dikes which shall be contoured upon considerations to be used in achieving the existed when the land was in its undisturbed state. excluded from the wetlands: termination of their use. objectives of this Code. (3) All drainage facilities shall include 1. Public education facilities; (c) All mines, borrow pits, rill areas and 2. The number of dwelling units, the total lot engineering design features to remove suspended 2. Governmental structures which provide tax related dredge operations shall meet all the coverage, and the percentage of open space to be 'lids and other contaminants and pollutants in supported services; requirements of this Code, except that the preserved. storm water runoff to meet LakeCounty Pollution 3. Public utilities- or municipal or other requirements of 27F-7.08(8)(a) do not apply to 3. An implementation and phasing schedule. Control Board Water Control Standards. governmental agencies' generation systems for mines. 4. A concept site plan. (4) Sites shall be developed to maximize the gas, electricity, steam or water. (9) Solid Waste. Solid waste disposal sites shall 5. A site restoration plan. amountofnatural rainfall which is percolated into (c) It shall be the responsibility of the meet all the requirements of this Code. (0) Certified maps of the site from a registered the soil and to minimize direct overland runoff into developer to provide all required information (10) Ground water withdrawal shall comply professional engineer or soil conservation survey adjoining streets and water courses to the extent which will allow satisfactory determination of with the standards and regulations of the which shall include: feasible. Storm water runoff from roofs and other whether such lands lie within the uplands Southwest Florida Water Management District 1. A soil analysis prepared by a professional nonpermeable surfaces shall be diverted into associations, or any combination thereof. This or its successor agency. engineer registered in the State of Florida or the swales or terraces on the site. Whenever land lying determination shall be made in accordance with Specific Authority 380.05 FS, Chapter 27F-5, FAC. U. S. Soil Conservation Service which is sufficient within 200 feet of a take and which slopes toward 27F-7.07(3)(b)l, of this Code. Law Implemented J80.05(8) FS. History-New in detail to meet the requirements of this Code. aid lake is developed, the following methods shall (d) Soils exposed during site alteration shall be 7-20*75- F11""y 22F7-08 2. The (opography in no more than one (1) foot Z provided to minimize storm water runoff into stabilized and retention ponds or performance 27F-7.09 General Provisions. A copy of any contours in the wetlands and flatwoods and two the lake: equivalent structures or systems maintained. Master Land Use Plan submitted in support of a (2) foot contours in the uplands. (a) Construction of terraces which slope in the Restoration of vegetation to site alteration Areas request for zoning, plat approval, and conditional 3. The flood prone areas of the particular site. direction away from the lake, and shall be substantially completed within 180 days permit, pursuant to the requirements of (c) A statement by a registered professional (b) Erection of a tree line or performance following completion of each phase of use 27F-7.07 of this Code, shall be sent to the Bureau engineer indicating expected changes in the equivalent structures to reduce or divert runoff. development. of Land and Water Management, Department quality and quantity of ground water discharge u (5) Street drainage by grassed swales shall be (c) It is the responsibility of the applicants to of Community Affairs, within three (3) and artesian aquifer recharge of the site before, tilized except where now velocities in excess of demonstrate that the plans achieve the following working days of the issuance of the development during, and after development and specifying any two feet per second are anticipated, in which case objectives: order. measure necessary to approximate existing curbs and gutters or other engineering techniques 1. That the site alteration shall not adversely Specific Authority 380.05 FS. Chapter 27F-5, FAC. quality and quantity in surface and ground may be required. The overflow from these swales affect the natural surface flow regime or natural La-, Implemented 380,05(8) FS. History-New 7-20- 75, Formerly 22F- 7 09. 27-.01 EXECUTIVE OFFICE OF THE GOVERNOR 34b 27F-7.10 Minimum Requirements. The any regulations previously adopted for the Green provisions of this Code shall be considered to be Swamp Area of Critical Stale Concern. minimum requirements for the protection and Specific Authority 380.05 FS, Chapter 27F-5, FAC. promotion of the public health, safety, morals and Law Implemented 380.05(8) FS. History-New general welfare. Whenever the requirements of 7.20-75, Formerly 22F-7.14. this Code are at variance with the requirements of 27F-7.13 Severability. If any one or more of any other rules, regulations, or codes, which are a the provisions of these regulations or the proper exercise of authority of a governmental application of such provisions to any situation, jurisdiction, the more restrictive standards shall circumstance or person shall for any reason be govern. held invalid, such invalidity shalt not affect, any Specific Authority 380.05 FS, Chapter 27F.5, FAC. other provision of these regulations or the Law Implemented 380.05q(8) FS. History-New 7-20- 75, Formerly 22F- 7. 10. application of such regulations to anyi other situation, circumstance or person. 27F-7.11 Enforcement. Pursuant to Section Specific Authority 380.05 FS, Chapter 27F-5, FAC. 380.05(8). Florida Statutes, this Code shall be Law Implemented 380.05(8) FS. History-New administered by the local government as if the 7-20- 75, Formerly 22F- 7.15. regulations constitute or area part of the local land development regulations. Specific Authority 380.05 FS, Chapter 27F.5. FAC w Implemented 380.05(8) FS History-New 1-20-75, Formerly 22F-7.11. 27F-7.12 Variances. Variance procedures provided in local ordinances shall apply to the Green Swamp Area of Critical State Concern. However, in addition to the standards provided in such ordinances, no variance shall be granted for any development within the critical area unless such development is designed, consistent with critical area regulations, to have mi nimum adverse impact on the area's water storage capacity, surface water flow and wetlands. The applicant shall have the affirmative burden of establishing -sib that the development will have a minimum adverse impact on such resources. Specific Authority 380 05 FS, Chapter 27F-5, FAC. Law Implemented 380.05(8) FS. History-New 7-20-75, Formerly 22F-7.12. 27F-7.13 Appeals. Appeals from a local government's decision on development orders in the Green Swamp Area of Critical State Concern shall be made to the Florida Land and Water Adjudicatory Commission by riling a notice of appeal with the Commission in accordance with Section 380.07, Florida Statutes. Specific Authority 380.05, 390.07 FS, Chapter 27F-5, FAC. Law Implemented 380.05(8) FS. History-New 7-20-75, Formerly 22F-7.13. 27F-7.14 Amendments, Upon adoption by the County Commission of any land development regulations which would apply solely to the Green Swamp Area of Critical State Concern, such regulations shall be transmitted to the Bureau of Land and Water Management, Department of Community Affairs for review. If the Bureau rands that such regulations comply with the principles for guiding development specified in Chapter 27F-5, Florida Administrative Code, adopted by the Administration Commission pursuant to Chapter 380, Florida Statutes, the Bureau shall, by rule, approve the submitted regulations. Approved regulations shall supersede CHAPTER 27F-8 L PLANNING PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITCAL STATE CONCERN (Formerly 22F-8) 27f-8.01 Purpose. Pursuant to section 7, Article ii of the florida constitution and Section 380.05, Florida statutes, it is the purpose of these rules to define the boundary of the Florida Keys Area of Critical State Concern and to provice principles for guiding development within the critical area in order to conserve and protect the natural, environmental, historical and economic resources, the scenic beauty,and the public facilities within the Area of Critical State Concern. It is the further purpose of these rules to provide a comprehensive plan and development regulations that will preserve water quality, provided for the optimum utilization of the limited water resources of ther area, facilitate orderly and well-planned development, and protect the health, welfare, safety and quality of tile of the residents of the slate. To effectively and equitably accomplish such purposes these rules should be implemented by local governments through administrative processes consistent with the comprehensie plan. These processes shall be strengthened to the end that local government is able to achieve the purposes herein stated without the continuation of the designation of area of critical state concern. All existing rights of private properly should be preserved in accordance with the constitution of the State of Florida and the United States. Specific Authority 380.05, 380.0552(1)FS Law Implemented 380.05. 380.0352(1)FS history- new 5-16-75,Formerly 22f-8.01, amended 8-23-84 ANNOTATIONS Standing Promulagtion of rule governing development of Florida Keys Area of Critical State Concern is "final agency action" within purview of F.S.A 120.68(1); City of Key West has standing to appeal agency action, under F.S.A. 120.52(9)(a). as specifically named person whose substantioal interest is being determined, and those individual petitioners who were allowed by agency to participate in hearings on proposed rule have standing to appeal agency action under F.S.A. 120.52(9)(c). City of Key West v. Askew,App., (1st) 324 so. 2d 655 (1975). Validity Criteria provided in F. S. A 380.05 (2)(a) and (b), were declared unconstitutional under nondelegation doctrine, since primary policy decision of area of critical state concern to be designated as wll as principles for guiding development in the area were delegated to administrative body. Askew v. Cross Key Waterways, 372 So. 2d913(1979),affg App., (1st) 351 so 2d 1062 (1977). 27f-8.02 Boundary. The following area is hereby designated as the Florida Keys Area of Critical State Concern: All lands in Monroe County, except: (1) that portion of Monroe County included with the designated exterior boundaries of the Everglades National Park and areas north of said Park; (2) All lands seaward of mean highwater that are owned by local, state, or federal governments; (3) Federal properties; and (4) area within the incorporated boundaries of the City of Key West. Specific Authority 380.0552(1) FS. Law implemented 380.05(1) FS. History-New 5-16-75, Formerly 22F-8.02, Amended 8-23-84. ANNOTATIONS Standing Promulgation of rule governing development of Florida Keys Area of Critical State Concern is "final agency action" within purview of F. S. A. 120.68(1); City of Key West has standing to appeal agency action, under F. S. A. 120.52(9)(a), as specifically named person whose substantial interest is being determined, 27F-8.03 Principles for Guilding Development. (1) Definitions. Terms containe within this rule are defined as follows: (a) "Local Government" means Monroe County and the incorporated cities within Monroe County with the exception of the City of Key West. (b) "Objective" means general statement of purpose toward which efforts are to be directed. (c) "Guideline" means specific policy to be embodied in the comprehensive plan. (d) "Implementation" means specific regulatory requirement which elaborates upon the course of action identified in the guidelines. (2) Objectives to be Achieved: (a) Strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives wihtout the continuation of the Area of Critical State Concern designation. (b) Protect shoreline and marine resources including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife and their habitat. 117 1984 ANNUAL SUPPLEMENT 27F-8.03 (c) Protect upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hard-wood hammocks and pinelands), dune ridges and beaches, wildlife and their habitat. (d) Ensure the maximum well-being of the Florida Keys and its citizens through sound economic development. (e) Limit the adverse imparts of development on the quality of water throughout the Florida Keys. (f) Enhance natural scenic resources, promote the aesthetic benefits of the natural environment and ensure that development is compatible with the unique historic character of the Florida Keys. (g) Protect the historical heritage of the Florida Keys. (h) Protect the value, efficiency, cost-effectiveness and amortized life of existing and proposed major public investments, including: 1. The Florida Keyes Aqueduct and water supply facilities; 2. seweage collection and disposal facilities; 3. solid wast collection and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. transportation facilities; 6. Federal parks, wildlife reguges, and marine sanctuaries; 7. State parks, recreation facilities, aquatic preserves and other publicityowned properties; 8. city electric service and the Florida Keys Electric Co-op; and 9. other utilities, as appropriate. (i) Limit the adverse impacts of public investments on the environmental resources of the Floria Keys. (j) Make available adequate affordable housing for all sectors of the population of the Florida Keys. (k) Provide adequate alternatives for the protection of public safety and welfare in the event of natural or manmade disaster and for a post-disaster reconstruction plan. (l) Protect the public health, safety, and welfare of the citizens of the Florida Keys, and the maintenance of the Florida Keys as a unique Florida resource. (3) First Objective: Strengthen local government capabilities for managing land use and development so that local government is able to achieve these objectives withouth the coninuation of the Area of Critical State Concern designation. (a) Guidelines 1. Local government shall adopt land use maps that depict the existing and proposed allocation of density, land use types, transportation services and public facilities, and other land uses neccessary to comply with these Principles for Guiding Development. 2. Local government shall ensure, to the maximum extent possible, that the comprehensive plan, including land use maps, and the development regulations are consistent with applicable federal and state regulatory standards and planned use of existing public lands and lands authorized for public acquisition. 3. Local government shall establish an ongoing comprehensive planning and development review process that will ensure citizen participation, be supported by an adequately funded professional staff, and be directed at the effective implementation of the comprehensive plan, development regulations, administrative procedures and Principles for Guiding Development. (b) Implementation: 1. The land use maps shall be in detail and on a scale to ensure that land development decisions by local government are consistent with the comprehensive plan. 2. The land use maps shall depict land uses, public facilities, and environmental features that include, at a minimum, shorelines, mangroves, transitional wetlands, freshwater wetlands, beach and dune ridge systems, tropical hardwood hammocks, cactus hammocks and and pinelands. 3. Local government shall develop and maintain a process of coordination with federal and state agencies which have permitting jurisdiction, own land, or conduct programs in the Florida Keys. 4. The local government comprehensive planning process must reflect compatibility of plans with adjacent local govern- ments and appropriate special districts. 5. Local government shall utilize mechanisms for ensuring citiizen participation in the comprehensive planning and development review process, such as the use of task forces, advisory boards, newsletters, public workshops and other means. 6. Local government shall ensure that the record of each land development decision includes all material submitted by the applicant and interested parties, any staff analysis, and all other documentation used by local government in reaching its decision. 27F-8.03 1984 ANNUAL SUPPLEMENT The record shall show that the local government decision is consistent with the comprehensive plan as approved by the Department of Community Affairs and land development regulations adopted consistent with the Principles for Guiding Development. Prior to approval and implementation of the comprehensive plan and land development regulations, the record shall show that the local government decision is consistent with the Principles for Guiding Development. The information shall be accessible to the applicant, members of the public and the Department of Community Affairs before, during and after the land development decision. 7. Local government shall, to the maximum extent possible, embody all development regulations in a single unified development code. 8. Local government shall prepare a procedures manual outline the zoning process and land development permit sequence neccessary to receive approval from each appropriate local government agency (for example, building departments, planning and zoning departments, etc.). 9. Areas determined to be appropriate for preservation during the comprehensive planning or land development regulation process shall be maintained through restrictive covenant, easement or dedication to an appropriate public entity or private conservation organization capable of preserving the area in its natural or historical condition. 10. Local government comprehensive plans and development regulations shall be the primary means by which development is planned and controlled. The use of variances, special exceptions and other similar actions shall not be used to authorize development that would be inconsistent with the Principles for Guiding Development, comprehensive plans and development regulation. 11. Local government shall include in its comprehensive plan and development regulations techniques to promote energy conservation and energy efficient development. (4) Second Objective: Protect shoreline and marine resources including mangroves, coral reef formations, seagrass beds, wetlands, fish and wildlife and their habitat. (a) Guidelines 1. Prohibit shoreline development which would have substantial adverse impact upon shoreline, wetland, or marine resources. 2. Prohibit activities such as dredging, filling and spoil disposal on opening of existing but unconnected canals to open water that would have a substantial adverse impact on shoreline, wetland and marine resources. 3. Protect the natural functions of shoreline, wetland and marine resources to ensure the maintenance and enhancement of water quality, shoreline stabilization, store surge protection, and fish and wildlife habitat. 4. Protect fish and wildlife habitats from adverse impacts such as boat or vehicle traffic. 5. Prohibit any significant disturbance, including but not limited to land clearing and excavation, of established critical habitats for endangered species identified by the U.S. Department of Interior and lands within National Wildlife Refuges. 6. Prohibit any significant disturbance, including but not limited to land clearing and excavation, of established habitats for documented resident populations of endangered species, as identified by rule of the Florida Game and Fresh Water Fish Commission. 7. Discourage any new land clearing excavation or other significant disturbance of habitats for threatened species identified by the Florida Game and Fresh Water Fish Commission of the U.S. Fish and Wildlife Service. (b) Implementation: 1. Local government shall appropriately revise its development regulations, including site alteration, subdivision and zoning ordinances, to increase protection of shoreline, wetland and marine resources. These ordinances shall include standards which will protect mangroves, coral reef formations, seagrass beds, wetlands, and fish and wildlife and their habitats from adverse impacts from land development. Applicants for development orders or rezonings shall be required to identify potentially affected shoreline, wetland and marine resources. Local governments shall evaluate potential impacts, including cumulative and indirect impacts, and demonstrate in the record that such impacts were considered and mitigated in rendering a decision. 2. Local government shall appropriately lower overall density t maximize protection of shoreline, wetland and marine resources. 119 1984 ANNUAL SUPPLEMENT 27F-8.03 3. Local government shall significantly lowre the overall number of dwelling units to be developed in areas adjacent to John Pennekamp Coral Reef State Park and Key Largo Coral Reef National Marine Sanctuary. 4. Local government, in cooperation with the appropriate state and federal agencies, shall develop mooring and marine siting regulatons for docking facilities of three or more slips which give special attention and consideration to impacts to wetlands, shoreline and submerged vegetation, and maintain or enhance water quality. The following specific criteria shall apply: a. No docking facilities shall be approved which require either dredging or filling to provide access. This restriction shall also apply to widening or deepening any canal or channel, but not to regular maintenance dredging of canals, basins, or channels provided such maintenance does not exceed acceptable water depts; b. Docking facilities shall only be approved in locations having adequate circulation and/or tidal flushing, and which have water depths to accommodate boat moorings, turning basins, access channels and other such areas. A minimum water depth of - 4 (minus four) feet mean low water shall be required. Greater depts shall be required for those facilities designed for or capable of accommodating boats having greater than a 3 (three) foot draft so that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom. These depth requirements shall also apply to the area between the proposed facility and any natural or other navigation channel, inlet or deep water. Where neccessary, marking of navigational channels shall be required; c. Any new or expanded docking facility shall maintain water quality standards as provided by Chapter 403, Florida statutes. To assure compliance, the developer shall maintain a waer quality monitoring program approved by the Department of Environmental Regulation. Water quality data will be periodically reviewed by the Department of Environmental Regulation; d. In reviewing applications for new docking facilities or exp[ansions to existing facilities, attention shall be given to identifying ways to improvek or mitigate adverse environmental impacts caused by previous activities. This may include filling dredged areas in order to make them a depth acceptable for propagation of benthic biota, restoring wetland or submerged vegetation, improving circulation and/or tidal flushing, installing sewage pumpout facilities, or marking navigational channels. Such mitigation or restoration may be required as a condition of approval for new or expanded facilities. Marina development shall be encouraged to locate in already developed or disturbed areas: e. All applications for docking facilities shall document that economic demand exists for the number of boat slips requested; and f. No new or expanded marina or docking facility shall be located directly over any grass bed, reef, or patch reef. 5. Local government, in cooperation with state and federal agencies, shall develop siting regulations for docking facilities of less than three slips.. These regulations shall, at a minimum, include the specific criteria set forth in (4)(b)4.a. and f. above (5) Third Objective: Protects upland resources, tropical biological communities, freshwater wetlands, native tropical vegetation (for example, hardwood hammocks and pinelands), dune ridges and beaches, wildlife and their habitat. (a) Guidelines: 1. Conserve the environmental values and functions of upland resources, including habitat for native tropical species of wildlife and vegetation. 2. Protect in their natural state representative units of each type of ecological system in sufficient amounts and locations so as to be self-sustaining. 3. Preserve undisturbed or high quality restored tracts of native tropical vegetation. 4. Prohibit any significant disturbances, including but not limited to land clearing and excavation, of established critical habitats for endangered species identified by the U.S. Department of Interior and lands within National Wildlife Refuges. 5. Prohibit any significant disturbance, including but not limited to land clearing and excavation, of established habitats for documented resident populations of endangered species, as identified by rule of the Florida Game and Fresh Water Fish Commission, except as may be approved by the Florida Game and Fresh Water Fish Commission. 6. Discourage any new land clearing, excavation or other significant disturbance of habitats for threatened species identified by the Florida Game and Fresh Water Fish 27F-8.03 1984 ANNUAL SUPPLEMENT Commission on the U.S. Fish and Wildlife Service (b) Implementation: 120 1. Local government shall implement regulations to protect and preserve representative units of torpical biological communities including, but not limited to, cactus hammocks, tropical hardwood hammocks, pinelands, freshwater wetlands, and beach and dune systems. In the formulation of these regulations the following mechanisms shall be considered: tax incentives, transfer of development rights, purchase of development rights, fee simple acquisition, and other on-site and off-site mitigation techniques. 2. Local government shall preserve intact high quality tracts of native tropical vegetation and allow alteration only if it is demonstrated that the proposed development or site alteration will not involve the removal of native vegetation to the extent that the habitat and its wildlife cease to function as a -sustaining, viable ecosystems. 3. Site alteration, subdivision and other development regulations shall prohibit disturbance of areas of high quality native biological communities. The extent to which an area of any parcel proposed for development may be disturbed shall depend upon the quality of the native tropical vegetation and the extent to which the area is covered with exotic species such as Casuarina, Schinus terebinthefolius or Malaleuca quinquenervia. The developer shall be required to prepare plans which identify on-site vegetation, provide for protection of native tropical vegetation and provide for the elimination of exotic vegetation. The local government shall consult this plan in determining the extent to which proposed alteration will be permitted and shall reflect that determination in its response to the developer's application. 4. In the event of any significant disturbance to native tropical vegetation, mitigation shall be required as a condition of development approval. such mitigation may take the form of replanting disturbed areas with native species, or in th eform of the acquisition and donation of lands covered by native tropical vegetation of a high quality in an amount greater than that disturbed. 5. Development regulations shall establish standards for the following: a. prohibition of "grubbing out" or removal of native understory vegetation; b. prohibition of removal or trimming of native tropical vegetation; c. removal of exotic plant species which outcompete or otherwise displace native tropical species; d. prohibition of the sale, purchase or planting o fexotic species which outcompete or otherwise displace native tropical species, such as Casuarina, Schinus terebinthefolius and Malaleuca quinquenervia: e. use of native vegetation, displaced during site alteration, in the overall landscape scheme of the site development; f. use of vegetation native to the Florida Keys in landscaping altered sited; and g. preservation of isolated saltwater or freshwater wetlands. 6. Fourth Objective: Ensure the maximum well-being of the Florida Keys and its citizens through sound exonomic development. (a) Guidelines: 1. Promote a diversified and stable economy that is compatible with the community and the environmental resources of the Florida Keys. 2. Encourage the diversification and expansion of local government tax bases in order to minimize the vulnerability of the local economy to economic fluctuations and to maximize employment opportunities for county residents. (b) Implementation: 1. Local government shall implement an economic development program compatible with the objectives and guidlines contained in these principles for the protection of natural and historic resources. 2. Local government shall promote economic expansion that will supplement and complement the existing seasonal tourist industries. The economic development program shall be consistent with the local governments ability to provide adequate public services. 3. Local government shall give special consideration to the promotion and protection of the marine fishing and aquaculture industries. 4. Local government shall give special consideration to water-dependent facilities through the development of a specific siting plan identifying environmentally acceptable locations for marine and other water-dependent uses. 5. Local government shall encourage through financial incentives and appropriate land development regulations the development and redevelopment of underutilized areas of existing development in the Florida Keys. 121 1984 ANNUAL SUPPLEMENT 27F-8.03 7. Fifth Objective: Limit the adverse impacts of development on the quality of water throughout the Florida Keys. (a) Guidelines: 1. Development in the Florida Keys shall be planned and designed to function in a manner that protects and preserves the quality of surrounding waters and natural ecosystems. 2. Stormwater management systems shall be designed to protect the absorptive, purifying and retentive functions of natural systems that exist on the site of a proposed development. 3. Development shall be designed so as not to adversely affect local freshwater resources. 4. Domestic waste systems shall be planned and designed to function in a manner that protects and preserves the quality of groundwater, surrounding waters and natural ecosystems. (b) Implementation: 1. Local government shall establish an effective surface water quality program to substantially reduce the adverse impacts of stormwater runoff from existing developed areas. 2. Local government shall establish effective guidelines and standards for the installation and long term maintenance of stormwater management wystems in new developments which incorporate Best Management Practices for stromwater control and sewage treatment. These standards shall be equivalent, at a minimum, to standards set forth in Chapter 17-25, Florida Administrative Code. 3. Local government shall establish construction guidelines which provide for control of erosion from construction sites, the detention of sediment on-site, and the reduction of sediment buildup and turbidity in area waters. 4. Local government shall require that applicants for subdivision or site alteration approval develop water management palns which demonstrate that the proposed activity has been designed to meet the following standards: a. natural hydrological characteristics of the site shall be maintained; b. surface and groundwater quality shall be proteced; c. erosion during and after construction shall be detained on-site; d. beneficial functioning of wetlands for water storage and pollution assimilation shall be protected; e. increased flooding from improper location, construction and design of development shall be prevented, and f. adverse impacts to fish and wildlife habitat shall be prevented. 5. Local government shall prohibit the construction of interior lakes or stormwater management systems which intersect any freshwater lens. 6. Local government shall establish effective guidelines and standards for the installation and long term maintenance of private domestic waste treatment systems that protect and preserve the quality of surface water and groundwater resources. (8) Sixth objective: Enhance natural scenic resources, promote the aesthetic benefits of the natural environment and ensure that development is compatible with the unique historic character of the Florida Keys. (a) Guidelines: 1. Local government shall formulate criteria by which proposed development will be evaluated for compatibility with natural and historic characteristics of the Florida Keys. This criteria will be used by the appropriate local agency in reviewing and making recommendations on development proposals. (b) Implementation: 1. In establishing review criteria the local governments shall consider, but not be limited to, the following: a. preservation of natural scenic vistas: b. preservation of the existing low visual profile; c. setback restrictions; d. visual buffering; e. preservation and enhancement of the unique historic architecture; and f. the extent to which development is compatible with the historic architecture. 2. Local governments shall implement sign and billboard ordinances. These ordinances shall, at a minimum, provide for; a. uniform signage; b. limitation on the use of neon and flashing signs, and c. height and size restrictions. 3. Local government shall require that utility service lines shall be placed underground where feasible and where soil and topographic conditions permit to preserve the natural scenic beauty of the Keys. 4. Local government, in coordination with the Florida Department of Transportation, shall establish a scenic view 27F-8.03 1984 ANNUAL SUPPLEMENT 122 corridor plan for U.S. Route #1 5. Local government shall adopt provisions in the land development regulations to provide developers with options for achieving the objectives of the comprehensive plan and the Principles for Guiding Development which encourage the integration of the development into the immediate surrounding scenic vista. These provisions may include density transfers, site alterations procedures and other means. Particular emphasis should be placed on preserving existing tree line vistas. (9) Seventh Objective: Protect the historical heritage of the Florida Keys. (a) Guidelines: 1. Protect and preserve all sites contributing to the overall historical heritage of the Florida Keys. (b) Implementation: 1. Local government shall conduct a comprehensive survey of all sites having national, state or regional historical, archeological or geological significance. 2. Local regulations shall be modified to ensure that these sites are protected and preserved. In formulating these regulations, mechanisms such as transfer of development rights, tax incentives, purchase of development rights and acquisition shall be used to insure adequate protection and preservation. 3. At a minimum, local government shall request the assistance of the State Historic Preservation Office at the Florida Department of State, Division of Archives, History and Records Management, in the identification and protection of historic property. Local government shall incorporate these considerations into its development review process. (10) Eighth Objective: Protect the value, efficiency, cost-effectiveness and amortized life of existing and proposed major public investments, including:\ 1. The Florida Keys Aqueduct and water supply facilities; 2. sewage collection and disposal facilities; 3. solid waste collection and disposal facilities; 4. Key West Naval Air Station and other military facilities; 5. transportation facilities; 6. Federal parks, wildlife refuges, and 7. parks, recreation facilities, aquatic preserves and other publicly owned properties; 8. city electric service and the Florida Keys Electric Co-op; and 9. other utilities, as appropriate (a) Guidelines: 1. Local government and the Florida Keys Aqueduct Authority shall establish a water use program to assure that potable water supplies are used efficiently. 2. Local government and the Alonroe County Waste Collection and Disposal District shall establish a program to regulate the collection, storage, transfer, and final disposal of all wastewater effluents (public and private), solid waste, trash and hazardous wastes. The program shall be consistent with programs and regulations of the Florida Department of Environmental Regulation (DER). 3. Local government shall create a special zoning district and implementing regulations for noise and hazard zones of the Key West Naval Air Station as delineated by the U.S. Navy Office of the Chief of Nalval Operations. 4. Local government shall establish a uniform and coordinated land use and transportaiton planning process, which will assure that the distribution, location and intensity of future development on the Florida Keys shall not exceed the efficient use of the principal transportation system, including facilities on the islands as well as the bridges, causeways and related roadway systems. 5. Local government shall prepare and implement a Capital Improvements Plan based on viable funding sources to provide adequate infrastructure for esisting and future development. Development shall be coordinated with the availability of adequate infrastructure in order to protect the environment and maintain a high quality of life for the residents of Monroe County. (b) Implementation: 1. A water use program, consistent with the Monroe County Capital Improvements Plan, shall be established by local government in cooperation with the Florida Keys Aqueduct Authority to accomplish, at a minimum, the following: a. mandatory installation of water conserving fixtures in all new development and redevelopment; b. establishment of an emergency water use and supply plan and update it annually; and c. establishment of a system for treated wastewater for irrigation landscaping and park sites. 123 1984 ANNUAL SUPPLEMENT 27F-8.03 2. A program, consistent with the Monroe County Capital Improvements Plan, shall be established by the Monroe County Waste Collection and Disposal District in cooperation with local government to regulate the collection, storage, transfer and final disposal of effluents and wastes to accomplish, at a minimum, the following: a. protection of existing and future waste treatment and disposal sites and landfill sites from encroachment by land uses which would endanger their functions and existence; and b. preparation of a land acquisition plan which identifies potential sites necessary to properly dispose of the effluents and wastes from a growing population. 3. The special zoning district created for the noise and hazard zones of the Key West Naval Air Station shall require that development within that zone be compatible with air operations. Implementation of this section should be closely coordinated with the Office of the Chief of Naval Operations. Similar districts shall be created around civilian airfields and in cooperation with the Florida Department of Transportation and the Federal Aviation Administration. Codes for airfield districts shall clearly specify height limits for structures and other appropriate restrictions on development necessary to protect air operations and public health and safety. 4. Local government shall prepare and implement a land use/transporation planning process, consistent with the Monroe County Capital Improvements Plan, that provides, at a minimum, for the following: a. a coordinated thoroughfare system that will meet future as well as current traffic needs; b. a thoroughfare system which is consistent with desired land use patterns; c. road plans and designs which preserve critical environmental habitats and contribute to the aesthetic qualities of the Keys; d. a minimum standard of Level of Service "C" on an annual basis and level of Service "D" for peak season traffic to determine whether future development efficiently uses the transportation system; e. street parking, service roads and limited controlled access points to business, commercial and industrial development adjacent to the Highway. Except in cases of extreme hardship, highway access from any development within 250 feet of a bridge or bridge ramp shall be prohibited; f. evaluation of all future traffic circulation improvements to assure that the objectives set forth in this section are supported and maintained; and g. encouragement of the use of bicycles, mass transit and car pooling as alternative forms of transportation. The program shall include development of a biking system throughout the Keys. 5. The Capital Improvements Plan to be developed and implemented by Monroe County shall, at a minimum, include the following; a. projections of levels of growth and the public expenditures the county intends to incur to meet the demand; b. a timetable and anticipated sources of funding for capital improvements; c. evidence that demonstrates the Capital Improvement Program is sufficient to meet demands created by the Monroe County Comprehensive Plan; and d. a requirement that development decisions shall take into consideration tghe availability of infrastructure both at present and in the future as defined within a required county Capital Improvement Program. Developments which will exceed the capacity of existing infrastructure shall be denied unless the Capital Improvement Program provides for the required expansion and specifies committed funds or the developer agrees to finance the immediate needed improvements. 6. Local government shall develop, consistent with the programs of the Florida Department of Health and Rehabilitative Services and the Florida Department of Environmental Regulation, as appropriate, alternatives to individual waste treatment systems for consideration in the development review process. 7. Local government shall establish an impact fee ordinance to ensure that new development provides its fair share of expanded public facilities. (11) Ninth Objective: Limit the adverse impacts of proposed public investments on the environmental resources of the Florida Keys. (a) Guidelines: 1. Utility systems shall be designed to consider ecological impacts and minimize detrimental effects. 2. Public capital improvements and facilities such as roads, waste disposal sites, and utility lines and structures shall be 27F-8.03 1984 ANNUAL SUPPLEMENT 124 planned, designed, sited, constructed and maintained to minimize impact on tropical natural vegetation and wildlife habitat. 3. Local government shall adopt provisions, including incentives and restrictions, to promote infill and redevelopment of areas with public facilities currently available. (b) Implementation: 1. Local government shall limit imprervious surfaces to aminiumum. Roads and parking areas shall be constructed of crushed coral, marl or other permeable material to the maxinum extent practicable. 2. Local government shall prohibit excavation and filling in wetlands except for essential public services when no alternative exists. 3. Local government shall prohibit new solid-fill roads or similar structures which abstruct water flow in wetlands. Major repairs to existing roads which obstruct water flow in wetlands shall include provisions for restoring the natgural hydrology of the wetlands area. 4. Local government shall minimize the removal of natural vegetation during the placement and maintenance of public facilities. 5. No new public facilities shall be extended to islands in Florida Bay, the Gulf of Mexico or the Atlantic Ocean which are not currently connected by road or bridge to U.S. Route # 1. (12) Tenth Objective: Make available adequate affordable housing for all sectors of the population of the Florida Keys. (a) Guidelines: 1. Adequate and affordable housing should be available to all sectors of the population within Monroe County, including low and moderate income families. 2. Where the need is identified, developers shall be encouraged through financial incentives and appropriate land development regulations to incorporate a range of differing housing types in major residential developments. 3. Local government shall encourage and support the use of energy conscious technological solutions to housing construction cost problems, provided that those new and advanced techniques do not compromise the structural integrity, durability, utility costs, or occupant safety. (b) Implementation: 1. Local government shall consider during the development approval process, the provision of incentives for developers who designate a protion of their proposed residential units to meet the needs of the handicapped, elderly, low and moderate income and special needs groups. 2. Local government shall, to the maximum extent possible, utilize local. State and Federal housing programs to upgrade existing substandard units and to provide rental and mortgage assistance to low and moderate income groups. 3. Local government shall support the programs and policies of the Monroe County Housing Authority which are designed to administer and develop low income housing. 4. Local government shall participate in and encourage innovative housing finance programs from both the private and public sector arenas. 5. Local government shall enforce the County Housing Code by ensuring that an adequate number of qualified and competent personnel are available to administer the provisions and criteria contained with it (13) Eleventh Objective: Provide adequate alternatives for the protection of public safety and welfare in the event of a natural or manmade disaster and for a post-disaster reconstruction plan. (a) Guidelines: 1. Local government shall develop, implement, update and maintain plans and facilities to provide evacuation or protection in the event of natural or manmade disaster. 2. Local government shall develop procedures, including proposed changes in land use density, to guide reconstruction after natural disasters. 3. Local government shall prevent the extension of public services into high hazard areas. (b) Implementation: 1. Local government shall develop, adopt and operate a Peace Time Emergency Plan as required by Chapter 9G-7, Florida Administrative Code. 2. Local government shall develop and adopt a post-disaster reconstruction plan based on hazard mitigation policies including, at a minimum, the following; a. the establishment of a damage classification scheme; b. the establishment of damage assessment teams qualified to identify; i. structures which should be demolished or which will require a development permit for repair or reconstruction; ii. repairs needed for public and private utilities facilities and institutions; and iii. cause of damage for each structur to 123 1984 ANNUAL SUPPLEMENT 27F-8.04 in the development of future mitigation c. the establishment of a "recovery task force" to oversee the reconstruction process and any policy issues which might arise after a storm disater; d. the establishment of guidelines for post-disaster repair and reconstruction, including but not limited to: i. the timing and completion of damage assessments; ii. the timing and imposition of temporary development moratoria; and iii. the development standards to which repairs and reconstruction shall conform; e. the establishment of a schedule for staging and permitting repairs and reconstruction according to established priorities assigned to the restoration of essential services, minor repairs, major repairs and new development; f. the determination of which agency, such as the local legislative body or a special recovery task force, is to implement the policies and procedured contained in the Post-Disaster Reconstruction plan; and g. the establishment of policies for repair and/or replacement of public utilites and facilities including possible relocation to less hazardous areas. 3. Local government shall locate critical public facilities, such as hospitals, power generating facilities and potable water holding tanks, in areas that will niminize the possiblility of their destruction. 4. Local government shall consider public acquisition of land in high hazard coastal areas, either through acquisition of full fee title or acquisition of land use easement (use restrictions). 5. Local government shall designate hurricane hazard areas on subdivision plats and require insertion of deed restricitions to control land unsuitable for residential or other uses. 6. Local government shall develop and enforce housing and building code standards which would reduce damages to structures caused by the forces of a hurricane )particularly with respect to wind). 7. Local governmnet shall remain in and fulfill all the requirements associated with the Federal Flood Insurance Program. 8. Local government shall demonstrate that it has the financial ability to pay for its share of replacing public facilities damaged during a major storm and not covered by the Federal Emergency Management Administration during a major storm event. 9. Local government shall the development review process new development contains adequate refuge areas on site to protect residents form natural hazards when evacuation is impossible. (14) Twelfth Objective: Protect the public health, safety, and welfare of the citizens of the Florida Keys, and the maintenance of the Florida Keys as a unique Florida resource. (a) Guidelines: 1. Adequate levels of police, fire and medical service shall be provided to the citizens of the Florida Keys. 2. Local government shall guide patterns of land use development to preserve the unique features of the Florida Keys. (b) Implementation: 1. Local government shall provide for a continuing evaluation of population growth and visitor use and their impacts on the adequacy of police, fire and medical service. 2. Local governmnet shall encourage development of specialized transportation services to aid those persons otherwise unable to reach health care facilities. 3. Local government, in cooperation with State agencies, shall attempt to vacate plan in environmentally sensitive lands and, when possible, acquire these lands for public benefit. Alternatively, and especially in tropical hammocks, local government shall require that plats consisting of unimproved, substandard lots be replatted to protect the integrity of the ecosystem. Specific Authority 380.05, 380.0552(1) FS. Law Implemented 380.05, 380.0552(1)FS. History--New 5-16-75, Formerly 22F-8.03, Amended 8-23-84. Editorial Note: The 8-23-84 amendment entirely superseded the former rule. 27F-8.04 Administration. (1) The state land planning agency shall administer the requirements of these rules through negotiated memoranda of agreement with each affected local government, specifying reporting requirements and deadlines for implementation. (2) All appropriate state and regional agencies shall render technical assistance and commit any available resources to aiding local governments in their compliance with the provisions of these rules. (3) The state land planning agency shall coordinate the programs and regulatory activities of state, regional and federal agencies to ensure that they are consistent, to the maximum extent possible, with local government comprehensive plans and 27F-9.17 1984 ANNUAL development regulatons under these Principles for Guiding Development. (4) The above guidelines and implementation requirements are oriented towards protection of natural resources and public investments of regional and state importance. The comprehensive plans and development regulations developed pursuant to these principles shall be: (a) performance oriented to maximize design flexiblity; (b) administered to provide specified levels of protection that reflect the location, quality, environmetnal functions and the relationship of the protected resourves to developed areas and public facilities; and (c) adopted and administered consistent with the requirements of Chapter 163, Florida Statues. (5) The state land planning agency shall develop a mechanism for monitoring local governmetn comprehensive plans and land development regulatons to ensure consistency with these principles. Specific Authority 380.05, 380.552(1) FS. History--New 5-16-75, Formly 22F.8.04, Amended 8-23-84. Editoral Note: The 8-23-84 amendment entirely supersed the former rule. Chapter 27F-9 LAND PLANNING REGULATIONS FOR THE FLORDIA KEYS AREA OF CRITICAL STATE CONCERN MONROE COUNTY (Formerly 22F-9) 27F-9.03 Local Comprehensive Plan. Ordinance No. 4-1979, sections 1 and 2 (Land Use Plan), adopted January 30,1979, Ordinance No. 9-1979, sections 1 and 2 (Housing Element), adopted November 14, 1979, Ordinance No. 2-1980, sections 1 and 2(Coastal Zone Protection and Conservation Element), adopted February 12, 1980, Ordinance No. 3-1080, sections 1 and 2 (Traffic Circulation Element and U.S. 1 Corridor Plan), adopted February 12, 1980, Ordinance No. 8-1980, sections 1 and 2 (Inter-Governmetnal Coordination Element), adopted June 11, 1980, Ordinance No. 16-1980, sections 1 and 2 (Recreation and Open Space Element), adopted September 1980, by the Monroe COunty Board Commissioners are incorporated by reference and adopted as an interim measure to comply with the principle set forth in Rule 27F-8.03(2)(a)1., F.A.C., requiring adoption of a plan and policies consistent with the critical area objectives. The County shall issue development orders only after determining that the proposed development, or phase thereof, is consistent with and does not violate the goals, objectives and polices of the above referenced elements of the Local Comprehensive Plan. The above referenced elemets of the Local Comprehevsive Plan shll be utilized and applied by the proposed development, or phase thereof, is consistent with and does not violate the goals, objectives and policies of the above referenced elements of the Local Comprehensive Plan. The above referenced eelments of the Local Comprehensive Plan shall be utilized and applied by the County in the issuance of developement orders until a subsequent local comprehensive plan is prepared by the County or its agent, reviewed and approved by the State land planning agency and adopted by Monroe County in accordance wiht the procedures specifeid in Section 380.05, Flordia Statutes, as amended by Chapter 83-308, Laws of Flordia. Specific Authority 380.05(8), (11) FS. Law Implemented 380.05 FS. History--New 3-30-76, Formerly 22F-9.03, Amended 12-28-83. Editioral Note: The 12-28-83 amendment entirely superseded the former ruled. 27F-9.15 Protection of Waste Treatment Sites. Ordinance No. 21-1975 adopted by the Monroe County Board of Commissioners on December 15, 1975, and the Local Comprehensive Plan adopted by the Monroe County Board of County Commissioners are incorporated by reference and adopted in compliance with the principles set forth in Rule 27F-8.03(2)(d)3., F.A.C., requiring the protection of waste treatment sites. Specific Authority 380.05(8),(11) FS. Law Implemented 380.05 FS. History--New 3-30-76, Formerly 22F-9.15, Amended 12-28-83. 27F-9.17 Ordinances Incorporated by Reference. Copies of Ordinances Number 1-1973, 17-1975, 18-1975, 19-1975, 20-1975 and Local Comprhensive Plan of Monroe County incorporated by reference in this rule are available at the Monroe County Planning and Zoning Department, Stock Island Public Service Building, Key West, Florida. Specific Authority 380-05(8), (11) FS. Law Implemented 380.05 FS. History--New 3-30-76, Formerly 22F-9.17, Amended 12-28-83. BEACH CRITICAL AREA 27F-10.05 27F-10.02 PURPOSE. 27F-10.03 COORDINATION OF DEVELOPMENT ORDERS WITH PUBLIC FACILITIES 27F-10.04 community impact assessement statement 27f-10.05 landscraping of cleared sites. 27f-10.06 effective date. 27f-10.07 ordinance incorporated by reference. chapter 27f-10 27f-10.01 short title. this chapter shall be land planning known as the city of key colony beach critical regulations for the florida area regulations. keys area of critical state specific authority 380.05(8) FS law inplemented city of key colony beach 380-05 FS. history- new 3-30-76, formerly (formerly 22F-10) 22F-10.01. 27F-10.01 short title 27f-10.02 purpose. pursuant to section 7, article ii, of the florida constitution and section 27f-12.03 executive office 380.05, florida statutes, it is the purpose of these rules to establish land development regulations for 27f-10.06 effective date. these rules shall the municipality of key colony beach which take effect twenty(20) days after filing with the implement the principles for guiding development secretary of state. set forth in chapter 27f-8, florida specific authority 380.05(8) fs law implemented administrative code, boundary and principles 120.54(11). 380.05 FS history-new 3-30-76, for guiding development for the florida keys formerly 33f-10.06. area of critical state concern. specific authority 380.05(8) fs. law inplemented 27f-10.07 ordinance incorporated by 380.05 FS history-new 3-30-76, formerly reference. copies of ordinances of the city of 33f-10.02. key colony beach incorporated by reference in this rule are available at the city hall, key 27F-10.03 coordination of development colony beach florida. orders with public facilities. ordinance no. specific authority 380.05(8) FS law implemented 120, adopted on december 23, 1975, by the key 380.05 FS history-new 3-30-76, amended 5-2-78, colony beach city commission is hereby formerly 22f-10.07 incorporated by reference and adopted to comply with section 27f-8.03(2) (a) 1., florida administrative code, requiring coordination of development orders and public facilities specific authority 380.05(8) FS law implemented 380.05 FS history-new 3-30-76, formerly 22f-10.03. 27f-10.04 community impact assessment statement. ordinance no. 136, adopted on january 20, 1978, by the key colony beach city commission is hereby incorporated by reference and adopted to comply with section 27f-8.03(3)(a) 4., florida administrative code, requiring adoption of a community impact assessment ordinance. specific authority 380.05(8) Fs law implemented 380.05 FS history-new 3-30-76, amended 5-2-78, fomerly 22f-10.04. 27f-10.05 landscraping of cleared sites. ordinance no. 117, adopted on december 11, 1975, by the key colony beach city commission is hereby incorporated by reference and adopted to comply with section 27f-8.03(2)(b) 1.c, florida administrative code, requiring adoption of a landscraping ordinance. specific authority 380.05(8) FS law implemented 380.05 Fs history-new 3-30-76, formerly 22f-10.05. OF THE GOVERNOR 354 355 CITY OF KEY West critical area 27F-11.04 Effective Date. These rules shall Florida Keys Area of Critical State Concern, take effect twenty (20) days after filing with the which requires adoption of a plan and policies Secretary of State. consistent with the critical area principles and Specific Authority 120.54(11), 380.05(8) FS. Law objectives shall take into consideration and utilize implemented 380.05 FS. History-New 3-30-76, the objectives of the critical area as stated in Formerly 22F.11.04. Subsection 27F-8.03(l) when acting to approve, 27F-11.05 Ordinance Incorporated by approve with conditions, or deny development Reference. Copies of Ordinance No. 112875 of orders and when any revisions or updates to the the City of Layton incorporated by reference in Key West Comprehensive Land Use Plan may be made. this rule arc available at the Layton City Hall, Specific Authority 380.05(8) FS. Law Implemented Long Key, Florida. 380.05 FS. History-New 3-30-76, Formerly Specific Authority 380.05(8) FS. Law Implemented 22F- 12. 03. 380.05 FS. History-Ne 3-3-74 Formerly 22F-11.05. 27F-12.04 Coordination of Development Orders. Ordinance No. 75-17 amending CHAPTER 27f-11 CHAPTER 27F-12 Ordinance No. 69-29, Section XIII, which was LAND PLANNING LAND PLANNING passed by the City Commission of Key West. REGULATIONS FOR THE FLORIDA REGULATIONS FOR THE FLORIDA Florida, on December 1, 1975, is hereby KEYS AREA OF CRITICAL STATE KEYS AREA OF CRITICAL STATE incorporated by reference and adopted in CONCERN CONCERN compliance with the principles set forth in CITY OF LAYTON CITY OF KEY WEST Subsection 27F-8.03(2)(a)2., F. A. C., requiring (Formerly 22F-11) (Formerly 22F-12) the coordination of development orders with the Short Title. 27F-t2.01 Short Title. availability of public facilities. Specik Authority 380.05(8) FS. Law Implemented Purpose. 27F-12.02 Purpose. 380.05 FS. Histoy-New 3-30-76, Formerly Land Use Regulations. 27F- 12.03 Plan and Policy Statement. Effective Date. 27F-12.04 Coordination of Development 27F-12.05 Airport Zoning District. Ordinance Incorporated by Orden. Ordinance No. 75-18, adopted December 1, 1975 Reference. 27F-12.05 Airport Zoning.District. 27F-02.66 by the City Commission of Key west florida is Comminity impact assessment hereby incorporated by reference and adopted in known as the City of Layton Critical Area ared Sites. compliance with Subsection 27F-8.03(2)(a)3., 27 F- 12.07 Landscaping of Cie A. C., requiring a special zoning district for Key Regulations. 2717-12.08 Waste Collection and Disposal. West International Airport. Authority 380.05(g) n.Law Implemented 27F.12.09 Plumbing Code. specific Authority 380.05(8) FS. Law Implemented 305 FS. History-New 3-30-76, Formerly 27F-12.10 Historical Resource Protection. 380.05 FS. History-New 3-30-76, Formerly F10l. 27F-12.11 Architectural Review Board 22142.05. 271-11.02 Purpose. Pursuant to Section 7, Incorporation Into Old Island Article 11, of the Florida Constitution and Section Restoration Commission. 27F-12.06 Community Impact Assessment 380.05, Florida Statutes, it is the purpose of these 27F-12.12 Effective Date. Statement. Ordinance No. 76-5, adopted on rules to establish land development regulations for 27F-12.13 Ordinances Incorporated by January 19,1976, by the City Commission of Key the municipality of Layton which implement the Reference. West, Florida, is incorporated by reference and In principles for guiding development set forth adopted in compliance with Subsection Chapter 27F-8, Florida Administrative Code, 27F-12.01 Short Title. This chapter shall be 27F-8.03(2)(a)4., F. A. C., requiring the adoption Boundary and Principles for Guiding known as the City of Key West Critical Area of a Community Impact Assessment Statement. Development for the Florida Keys Area of Critical Regulations. Specific Authority 380.05(8) FS. Law Implemented specfic, Authority 380.05(8) f. Law Implemented 380.03 FS. History-New 3-30-76, Formerly State Concern. 38005 FS. History-New 3--1&76, Formerly 22F- 12.06. Specific Authority 380.05(8) FS. Law Implemented 22F-12.01. 380.5 FS. History-New 3-30-76, Formerly 27F-12.07 Landscaping of Cleared Sites. 22- I 1. 02. 2717-12.02 Purpose. Pursuant to Section 7, The following landscape regulations are hereby 27F-11.03 Land Use Regulations. Article II, of the Florida Constitution and Section adopted and shall be applicable to the City of Key Ordinance No. 112875, adopted on November 28, 38P.05, Florida Statutes, it is the purpose of these West, Florida, in compliance with and in 1975 by the Layton City Commission is hereby rules to establish land development regulations for furtherance of Subsection 27F-8.03 (2)(b) 1. c., F incorporated by reference and adopted to comply Key West which implement the principles for A. C., Principles for Guiding Development for the with Subsection 27F-8.03(2)(a)4., requiring the guiding development set forth in Chapter 27F-8, Florida Keys Area of Critical State Concern. adoption of a Community Impact Assessment Florida Administrative Code, Boundary and Section 1. Purpose State, Subsection 27F-8,03(2)(c), F. S., requiring Principles for Guiding Development for the To promote the establishment of landscaped coordination with the Monroe County Waste Florida Keys Area of Critical State Concern. areas within within various zoning districts and Specific Authority 380.05(8) FS. Law Implemented the establishment of landscape buffers between Collection and Disposal District on a plan for 380.05 FS History-New 3-30-76, Formerly various zoning districts, encourage the protection disposal of solid and liquid waste, and Subsection 22F- 12.02. of existing trees and encourage the planting of new 27F-8.03(2)(d)2, J.S., requiring minimum trees, shrubs and ground cover in recognition of setbacks for development adjacent to U. S. 2717-12.03 Plan and Policy Statement. The Highway 0ne City of Key West, Florida, in compliance with and heir importance and contributions to the Specific authority , fs law implemented furtherance of Subsection 27F-8.03(2)(a)l., F. A. promotion of the health, safety, and welfare of the 380.05 fs history new 3-30-76, Formerly C., Principles for Guiding Development for the community through wind and noise reduction, 27F-12.10 :UTIVE OFFICE OF THE GOVERNOR 356 337 CITY OF KEY WEST CRITICAL AREA 27F-12.10 planted so as to be ci *hty(80) percent opaque this rule and during which time appropriate a. Setback restrictions for new construction with its surroundings. On any given block or area between two (2) feet and six (6) fect.above ground amendments to such plumbing code shall be made will apply (o all sites within the District. where a variety of sizes and styles exist, no level and forming a continuous screen between the to provide for the installation of water conserving b. On any block containing buildings built structure, either new or enlarged, shall outsize the cornmercial/industrial uses and residential uses. Fixtures in all new and redevelopment areas. prior to 1915, setback for new construction will be ' majority of the structures in that area. If it is If such barrier consists all or in part of plant Specific Authority 380-05(8) FS. Law Implemented determined as that setback distance which occurs manditory for any of a number of reasons that a materials, such plant materials shall be planted in 380.05 FS. History-New, 3-30-70, Formeriy most frequently for pre-1915 buildings on that private dwelling be enlarged, these alterations a strip of not less than two and one-half (2 1/2) 22F-IZ09. block (may, of course, vary from block to block). shall be made in such a manner as not to alter the feet in width. In addition to the landscape barrier, 27F-12.10 Historical Resource Protection. c. On any block which does not contain scale of the streciscape. The height of all new one (1) tree shall be provided for each seventy-fivc The following criteria shall be utilized as pre-1915 buildings, setback distance will be construction shall be based upon the height of (75) lineal feet of such landscape barrier or determined by the Commission as that distance . . es within the vicinity and guidelines in conjunction with Key West existing structur fractional part thereof. Ordinance No. 69-29, Section X111, XIV of XV which is most suitable to the character of that generally shall not exceed a maximum height of Where there is an existing hedge all or other portion of the District. two and one half (2 1/2) stories. , w by the Board of Adjustment when a certificatc of durable landscape barrier on abutting property, 2. Scale: In general, height of new construction (c) Landscaping appropriateness, special exception or variance is shall not exceed two and one half (2 1/2) stories. Wherever possible, attention should be given to said existing barrier may be used to satisfy the required. The following criteria shall also be The Commission shall make individual traditional lawn and garden arrangements with landscape buffer requirements of this subsection utilized by the Old Island Restoration determinations along the following guidelines: emphasis given to regional flora. In no case, shall provided that the existing barrier meets the Commission in formulating their 3 requirements of this subsection. recommendations to approve, deny or nit .odify - a. Height restrictions for new const ruci ion will such landscaping techniques as concrete or gravel apply to all sites within the District. lawns, front patios, or circular driveways in front (3) Protection for Existing Trees permits for improvements, alterations, To the maxir@um extent possible, existing trees reconstruction, restoration and new construction b. On any block containing buildings built of houses be considered. protected. The spatial arrangement of in the Key West Historical Preservation District. prior to 1915, maximum height for new (d) Texture ces construction will be determined as that height This term refers to the exterior fabric of a -uctures and other impervious surfa The guidelines shall apply only to buildings and which occurs most frequently for prc-1915 building. In Key West, where the majority of the @esign consideration which provide portions thercofthat are visible from a public way. buildings on that block (may vary from block to houses were carpenter-built, the exterior was ...don for existing trees. (1) General Considerations cd Tree Species (a) Character and Quality of the Historic block). usually wood. In addition to squared weather c. On any block which does not contain boards and vertical siding as mentioned in 'cillowing trees species shall not be planted District lized to fulfill any of the landscape The character of any district is determined by pre-1915 buildings, maximum height will be Bulletin Number One, wide beaded-edge siding is _,ments of this regulation; determined by the Commission as that height a unique and interesting architectural factor of the those buildings which comprise it. While each which is most suitable to the character of that District. In no case, shall plywood, metal, stucco, t. Australian pine - Casuarina sp. building must be separately appraised for its (b) M[elaleuca (cajcput) Mclalcuca historical and architectural value, it must also be portion of the District. brick veneer over wood, or any imitative material nkucadcndra assessed for its contribution to the integrity of the d. Determinations as to suitability of be used for restoration. Although there is very n (c) Brazilian pepper Schinus whole. It is within this area that important visual proportions of height to width will be made on an little masonry construction within the residential rcrebinthiblius qualities come into play, such as scale, massing, individual basis by the Commission. areas, it is acceptable with certain limitations. Section 5. Completion of Landscape Plan 3. In all other determinations relating to new Concrete block, glass blocks, heavily stuccoed All landscaping as required by this regulation -open space, design and building relationship, both construction, the Commission will strive to allow exteriors or brick in any of the wide variety of A as shown on the landscape plan shall be from building to building and from building to maximum flexibility of design. It is not the intent contemporary colors, such as salmon, buff, yellow, pedestrian. In an area such as Key West, where a of the Commission to require that new etc., shall be unacceptable. For Restoration and -mPirled within one (1) year from the date of the variety of period styles exist, the attention to the construction imitate or produce facsimiles of 19th new construction, the masonry in existent certificate of occupancy for the appurtenant aforementioned details would, by necessity, building. century buildings. Good contemporary designs buildings should be matched as closely as possible. Specific Authority 380-05(8) FS. Law Implemented become more flexible than in a small are welcomed, provided that they are compatible This is also true of mortars; black and colored 380.05 FS. History-Ne- 3-30-76, Fonnerly neighborhood or suburb where all of the with the general character of the District. In mortars would be unacceptable without precedent 22F- 12.07. structures date from the same period and are in the same style. This is particularly true of such items making determinations regarding compatibility of within the District. new construction details, the Commission and the (e) Structural Svstcms 27F-12.08 Waste Collection and Disposal. as scale and massing. For example, whereas the 'al framing of a building is not The City of Key West, Florida, in compliance "Conch" houses associated with the island are prospective builder will take into consideration Since the structur with and in furtherance of Subsection regularly massed and fairly uniform in size, the items 1-13, listed under "Specific Considerations" normally visible, this is an area which is not of 27F-8.03(2)(c)l., F. A. C., requiring regional next building may be a late nineteenth century in the following section. The prospective builder concern to the Review Committee, coordination for waste collection and disposal, Queen Anne House of much larger size, vertically may also find additional aid in the 0. 1. R. C. (f) Roof Types and Materials "Guidelines - Bulletin Number One." In Key West, where wind intensity was always shall coordinate their activities to develop oriented and irregularly massed. The criteria for (2) Specific Considerations (Applies to all a consideration, roofing was a primary concern. adequate waste treatment facilities with the development within such an area, or within a buildings subject to review.) Consequently, those roof types which offered the Monroe County Waste Treatment and Disposal block containing a variety of styles shall be to (a) Siting least wind resistance were used, i.e., ridge roofs District and shall enter into such agreements as insure the authenticity of the individual No existent building shall be relocated and no with gable ends and narrow eaves. Hip and necessary so as to provide for the establishment of components while striving to maintain the intergovernmental coordination, the uniqueness of a mixed but architecturally pleasing new structure shall be placed closer to the mansard are also acceptable, although they occur establishment of more efficient and less expensive whole. No style, even that most commonly sidewalk, street or visible alley, than that distance less frequently. As all of the earliest buildings regional waste treatment systems, and to enhance associated with a given locale, should be given which has been predetermined by existent historic probably had wood shingles, the cost of replacing the possibilities of securing adequate federal and priority over styles which occur less frequently, structures. Areas which have traditionally been these may be prohibitive for many homeowners. state financial assistance for both the City of Key particularly as related to new construction. reserved for parks and open spaces should remain In such instances, asphalt or some material West and Monroe County. Differing styles and types of buildings with a as such. Criteria for building setback will be imitative of wood shall be acceptable. Metal Specific Authority 380-05(8) FS. Law Implemented multitude of architectural details often heightens established either by studying original zoning shingles may be suitable for some later buildings, 380-05 FS. History-New 3-30-76, Fornierly the impact of the historic district. permits and plat maps or by establishing uniform although V-crimped metal roofing is generally a 22F-12.08. (b) New Construction setback based on existent structures. twentieth century device. Most favored material, 27F-12.09 Plumbing Code. The existing Key 1. Siting: Appropriate setback distance shall be (b) Scale where possible, would be fire-retardant cedar or West plumbing code shall continue for a period of determined by the Commission along the No existent historic building shall be enlarged cypress shakes. not more than two (2) years from the acloption of following guidelines: and no new structure shall be built so that its (g) Secondary Roof Structures proportions, particularly height, are out of scale Wooden roofscutties were very common in Key 2717-12.10 EXECUTIVE OFFICE OF THE GOVERNOR .358 359 NORTH KEY LARGO BEACH CRITICAL AREA 27F-13.03 West and were frequently used off wrecked boats. although wrought iron fencing was in use in Key Foundations Widow's walks and cupolas were also in common West during the latter part of the nineteenth Piers Natural, unless stripping of previous paint use as were balustraded decks. Dormers appear on century it would not have normally enclosed a layers involved. a number of buildings, sometimes varying in size Bahamiam-type house. In all casts, fencing Lattice White, or match siding Or trim. within one building. None of these devices, should relate specifically to the structure it Doors Match siding or trim. however should be used on a house where they did encompasses unless it is not visible from a public Roofs not previously exist. road. Incompatible fencing shall include such Metal Grays or unpainted. (h) Foundations types as chainlink. split-rail, reed or bamboo Asphalt Grays or browns. Building foundations, unless obscured by fencing. Stuccoed masonry walls should be used Wood Natural. shrubbery, are normally visible. The wooden only in cases where the original material was such. houses of Key West were generally erected on If masonry walls are absolutely necessary, Supplemental Information Specific Authority 380.05(8) FS. Law implemented Florida cypress posts. Where such a foundation exposed brick in running, common bonds should Additional information regarding Old Island 380.05 FS. History-New 3.30-76, Formerly might be difficult to reproduce, a foundation of be preferred. If fences or walls art completely Restoration Commission application procedures, 22F-13.01. brick piers is acceptable. If infill between piers is gone, some archaeological research may be photographic examples of various historical 27F-13.02 Purpose. Pursuant to Section 7, desired by the owner it should be either brick or required to determine the original fabric. !tructures and architectural details may be found Article 11, of the Florida Constitution and Section wood lattice. Solid brick curtain walls between (1) Exterior DecoraCton in the Preservation Guidebook for the Old Section 380.05, Florida Statutes, it is the purpose of these piers would generally be anachronistic. The Historic American Building Survey has of the City of Key West by the Old Island rules to establish land development regulations for (i) Fenestration noted that there were approximately thirty Restoration Commission, 1975. the municipality of North Key Largo Beach which Window and door size, location and style will different balustrade patterns used in Key West at Specific Authority J80.05(8) FS. Law Implemented implements the principles for guiding vary with the individual structure, therefore, the height of the Victorian era (circa 1885). These 380.05 IS. Histary-New 3-30-76, Formerly development set forth in Chapter 27F-8, Florida ;@cneralizations about the overall District are not ranged from simple jigsaw pattern to elaborately 22F- 12. 10. Administrative Code, Boundary. and Principles feasible. However, devices which were not turned balusters. Templates of each of theic 27F-12.11 Architectural Review Board for Guiding Development for the Florida Keys -ailable at the period in which the structure was designs have been made and it is possible to Incorporation Into Old Island Restoration Area of Critical State Concern. such as plate glass windows, aluminum reproduce exactly the designs used in palings and Commission. Pending legislative clarification, Specific Authority 380.05(8) FS. Law Implemented loors and aluminum sash windows, shall balustrades. With regard to brackets, columns, the Old Island Restoration Commission shall 380.05 FS. History-New 3-30-76, Formerly @@red unacceptable. Additionally, any cornice drapery, banisters, bargeboards, none continue its functions in lieu of the architectural 22F. 13.02. .,titutions such as the placing of an should be placed where it did not exist, and if it did review board noted in Subsection 27F-13.03 Shoreline and Mangrovie oak Yi@orian door on the front of a exist, the original should be copied when possible. 27F-8.03(2)(c)2. Protection. The following regulations relating to aou@c or glazing a window in a Conch There are now methods of restoration available with stained glass,,s W .1 be-,co whereby scriously,rotted columns, balusters, raq SpFcificAuthqrity 3$0.95(8). FS. Law Implemented. shorelineand mangrove protect -to 380.05,. FS.,, History-New '340-76, Formerly k9n shall,app)y unacceptable' be '(@Ity @C`Sto`Q and iciised-'as opposed to 22F- 12. 11. North key Largo Beach and shall sup@rsedc any n ( existing regulations relating thereto. j) Porches reproducing a facsimile. (information on these Porches vary with the period and style of the processes is available through the State of Florida, 27F-12.12 Effective Date. These rules shall Section 1. Purpose house, Ile earliest Conch houses had front and Division of Archives, History and Records take effect twenty (20) days after riling with the It is the purpose and intent of this regulation to back porches which were normally incised under Management.) Secretary of State. identify and provide protection for shorelines and the roof. Normally, the roof slanted down from its (in) Color Specific Authority 120.54(11), 380.05(8) FS. Law associated mangrove communities and to preserve ridge to the columns located at the outside of the The following traditional colors apply to both Implemented 380.05 FS. History-New 3.30-76, those conditions and characteristics which .@orch. Porches were frequently two stories and repainting of existing structures and new Formerly 22F.12.12. promote shoreline stabilization, storm surge took the form of galleries. Later in the century, construction. For colors listed below, see a chart of 27F-12.13 Ordinanceis Incorporated b abatement, water quality maintenance, wildlife their size and location took on a more random approved color samples on file at the 0. 1. R. C. y and marine resource habitats, and marine pattern such as in the Harris-Ramos House. bulletin board in the Building Departmcnt. Other Reference. Copies of Ordinances Number 75-17, productivity. Restoration should relate to pre-existent porches. colors may be approved. Where feasible, it is 75-18, and 76-5 of the City of Key West Section 2. Shoreline Protection Zone incorporated by reference in this rule are available most of which would be of w6 There is hereby established a shoreline ood. Existing porches strongly recommended that you experiment by at the City Hall, Key West, Florida. should not be screened-in, glassed-in or enclosed carefully scraping down paint layers on the oldest Sperific Authority 380.05(8) FS. Law Implemented protection zone in ail of North Key Largo Beach. in any way, except by balustrades. parts of existing buildings to reveal the original 380.05 FS. History-New 3-30-76, Formerly The shoreline protection zone includes submerged (k) Fences and Yard Walls paint color. If this is not feasible, or if you do not 22F- 12. 1 J. lands covered by the waters of the Atlantic Ocean The type of fencing shall be related to the style wish to match the original color; the following list and the Gulf of Mexico (Florida Bay) out to the of the building site that it enclosed. For example, is offered for your guidance. CHAPTER 27F-13 seaward limit of the State's territorial boundaries, LAND PLANNING whether in sovereign or private ownership, Exterior Siding Gray (from light to dark tones - including REGULATIONS FOR THE FLORIDA including those lands contiguous to said waters gr4y-blue), cream, white and various shades of KEYS AREA OF CRITICAL STATE where shoreline mangrove communities occur. In yellow. CONCERN order to maintain the functional integrity of these House Trim White; or in same color as siding; or CITY OF NORTH KEY LARGO BEACH mangrove communities; the interior boundary of Sash, window frames, porches, railings, acceptable in slightly darker or slightly (Formerly 22F-13) the shoreline protection zone is hereby established at a line extending 50 feet laterally upland from spindles, balusters, gutter & downspouts lighter shade of siding color. 27F-13.01 Short Title. the landward limit of the shoreline mangroves. Porch Ceilings White, light blue, light green, gray - or match 27F-13.02 Purpose. The shoreline mangroves shall include mangrove trim or siding color. Porch decking & Porch steps Gray, Charcoal gray, (or match siding or trim 2IF-13.03 Shoreline and Mangrove communities which contain red (Rhizophora Protection. triangle), black (Avicennia Nitida) or white color). 27F-13.04 Site Clearing and Tree (Laguncularia racemosa) mangroves but Wood fences & White, or match siding or trim. Protection. excluding h hich are CBS walls White, or match siding or trim. "O'cnangro n .. es Iron fences White, or match siding or trim (with additional 27F-13.05 Effective Date. isolated inland and se,"Iu.. p,,n water option of black). 27F-I 3.01 Short Title. This chapier shall be areas b .y.non-mangrmwturat vegetative communities. known as the North Key Larvo Beach Critical 27F-13.03 TIVE OFFICE OF THE GOVERNOR 360 361 NORTH KEY LARGO BEACH CRITICAL AREA 7F-13.04 Only the following uses, subject to appropriate Regulation for any development proposed to be a tropical storm of such force or magnitude (a) The placement or construction of any limitations and requirements, shall be allowed undertaken in the shoreline protection zone no eliminates, destroys, or otherwise alters the structure an land; within the shoreline protection zone: zoning clearance or development permit shall be mangrove communities within the shoreline (b) The reconstruction, alteration of the size, (1) Access canals or channels; approved or issued pursuant to this regulation protection zone, those areas will continue to be or material change in the external appearance. ofa (2) Docks; until such permit from the State of Florida, covered under the provisions of this regulation. If structure on the land; (3) Elevated boardwalks; Department of Environmental Regulation has after a period of five (5) years from the date of such (c) Alteration of a shore or bank of a seacciam, (4) Other structures elevated on pilings; been obtained. Provided, however, that permits disturbance, the mangrove communities have not including any coastal construction as defined in sufficiently recovered or revegetated so as to Section 161.021, Florida Statutm; (5) Utility line crossings or rights-of-way. for fill and construction projects required under (d) Demolition of a structure; Section 4. Uses Permitted Upon Special this section which also require a permit from comply with the intent and purposes of this Approval: Special Exception Uses Department of Environmental Regulation regulation, those areas will be excluded from the (c) Clearing of land or removal of any (1) The following uses, subject to appropriate pursuant to Chapter 253.124, Florida Statute$, sl@iorclinc protection zone and the provisions vegetation; limitations and requirements, shall be allowed shall be issued subject to approval of Department governing this zone. (f) Deposit of refuse, solid or liquid waste, or within the shoreline protection.zone by special of Environmental Regulation. Section 11. Standards Fill on a parcel of land. approval of the City Commission. (6) The City Commission may attach other (1) In order to minimize the effects of water (2) Tropical hardwood hammock is defined as (a) Access driveways and turnarounds for appropriate special conditions to the issuance of pollution from storm runoff from development a characteristic combination of plant species, single-family the zoning clearance as it may determine are authorized under the provisions of this regulation repeated in numerous stands, which contain (2) The following standards shall be met necessary to meet the spirit and purpose of this both during and after construction which results predominantly the following it" species: b4circ the City Commission may grant approval regulation. in the degradation of water quality, the following . Pigeon Plum - Coccoloba diversifolia for a Special Exceptions Use within the shoreline Section 6. Exceptions standards shall also be met: Strangler Fig - Ficus aurea, F. citrifolia lwoteciion zone: The requirements of this regulation shall not (a) Retention of construction related runoff or Torchwood - Amyris elennifera (a) The principle structure shall be located as apply to the following activities: discharge of such runoff into adequately sized Wild Tamarind - Lysiloma bahamensis 61 @ possible to the landward cdgt of the site so (1) Maintenance and reconstruction of U. S. natural vegetative filtration areas in a manner Jamaica Dogwood - Piscidia piscipula 2, luce driveway length. Highway I and its bridges; approximating the natural runoff regime; and Mastic - Mastichodendron foctidissimum tccess driveways and turnarounds shall (2) Maintenance and Construction of (b) Permanent drainage systems which make Willow Bustic - Bumelia salicifolia I @ piped culverts under the access mosquito control ditches by the Monroe County maximum use of natural drainage patterns, Black Ironwood - Krugiodcnron ferreum ndlor turnaround at appropriate Mosquito Control District; vegetative retention and filtration. Lancewood - Nectandra coriacea Specific Autharity 3W.WtS) IS. Law Implemented Gumbo Limbo - Bureau simaruba as to maintain tidal regime. (3) Maintenance and reconstruction for the 253.124, 380.05 FS. History-New 3-30-76. Formerly Geiger Tree - Cordia sebesicna (c) Wherever an access driveway or water pipeline by the Florida Keys Aqueduct turnaround crosses a discernible tidal creek, inlet Authority; and 22F- 13.03. Crabwood - Gymnanthea lucida or shallow basin, a bridge or box culvert shall be (4) The maintenance and construction of 27F-13.04 Site Clearing and Tree Poisonwood - Metopium toxiferum installed over the creek, inlet or shallow basin. seawalls and docking facilities on canals in Protection. The following regulations. relating to Spanish Stopper - Eugenia buzifolia Section 5, Permit residential subdivisions and marinas constructed site clearing and tree protection shall apply to Wild Lime Zanthoxylum fagara (1) No development permit of any kind shall prior to the* adoption of this regulation. North Key Largo Beach and shall supersede any Soapberry Sapindus sapunaria - J8c issued to any person to undertake any Section 7. Completion existing regulations relating thereto. Blolly - Pisonia discolor 4evelopment with the shoreline protection zone The permittee shall notify the City Section 1. Purposes Section 3. Land Clearing without first obtaining a zoning clearance from Commission in writing of the termination of any (1) To Promote and encourage the protection (1) Permit Required the City Commission. authorized work. No development shall be of unique and biologically important natural . (a) No person, firm or corporation, either (2) An application for any development permit deemed to have been completed in accordance with resources, prevent the adverse effects to adjacent individually or through agents, employees or within the shoreline protection zone shall be this regulation until approved in writing by the properties caused by the indiscriminate clearing of independent contractors, shall clear, by ther means, any land located referred to the City Commission. The materials to City Commission following such written land, aid in the implementation of other mechanical or any o within the corporated areas of North Key Largo be referred to the City Commission shall include notification. requirements for shoreline and tree protection, the following, in duplicate: Section 8. Inspection and minimize potential adverse impacts upon Beach without having first applied for and (a) Proposed site plan The City Commission may periodically inspect water quality. obtained a land clearing permit from the City (b) A natural vegetation map the development and shall make a Final inspection (2) To promote and encourage the protection Commission. (b) Aland clearing permit shall be required for (c) Other information as maybe appropriate to following completion of work. The permittees and 'conservation of biologically unique vegetative the removal of all or parts of natural occurring determine the impact of the development of the shall assist the City Commission in making such associations known as tropical hardwood natural functions of the shoreline protection zone. inspection. hammocks, protect certain rare or aesthetically vegetation in North Key Largo Beach. (3) The placement of landfill within the Section 9. Time Limitation desirable tree species found within these (c) Review and approval of development site shoreline protection zone is hereby prohibited and If a zoning clearance is issued under the hammocks, provide performance oriented criteria plans which results in the issuance of a development order shall constitute compliance no permit shall be issued authorizing the same, provisions of this regulation by the City for the protection of these tropical hammocks and except as provided in Section 4 of this regulation. Commission, the applicant shall initiate necessary specific trees in recognition of their importance with the requirements of this Section. In such (4) No-application for a zoning clearance shall action to implement the approved plans within and contributions to the promotion of the health, cases the land clearing permit will be issued in be approved and no permit shall be issued except one (1) year from the date the request was granted. safety, and welfare of the community through conju riction with the building permit. upon a written finding by the City Commission Should the owner of the property in question fail carbon dioxide absorption, oxygen release, (d) Exceptions. A land clearing permit shall that the proposed development will not encroach to initiate action within one (1) year, the zoning protection from storm winds, microclimate not be required for: upon or destroy the value of areas within the clearance granted shall become void. Theownerof modification, wind and noise reduction and .1. Minor landscaping maintenance such as shoreline protection zone or otherwise adversely such property shall be notified to appear at the surface drainage improvement and stabilization. tramming of trees and shrubs, and mowing of affect those conditions and characteristics which City Commission meeting at which this action will Section 2. Definitions yards; 2. Minimal clearing of lines less than four feet promote shoreline stabilization, storm surge be taken. Under certain circumstances, the owner (1) "Development" means the carrying out of abatement, water quality maintenance, wildlife of the property in question may request and be any building operation or the making of any wide for surveying purposes; and marine resource habitats, and marine granted by the City Commission a reasonable time material change in the use or appearance of any 3. Minimal clearing for the maintenance of productivity. extension beyond the one (1) year limitation. structure, and for the purpose of this regulation property access and for minor recreational (5) Where a permit is required to be obtained Section 10. Exclusions shall include: pursiiis such as fishing, natural traits, from the Florida Department of Environmental After the effective date of this regulation, when boardwalks and wildlife obser%ation; ILI 1984 ANNUAl supplement 27F13.05 EXECUTIVE OFFICE OF THE GOVERNOR 4. Removal of trees or parts thereof which Section 2(2) of this regulation, shall be protected. LAND PLANNING BOUNDARY AND threaten to cause disruption of public or private Protection of such tropical hardwood hammock PRINCIPLES FOR GUIDING own utility services or post a hazard in an emergency communities as intact areas or "clumps" shall be DEVELOPMENT FOR The CITY OF condition; provided, however, that any trimming encouraged in all proposed development over the KEY WEST will not destroy the tree. selective removal of individual trees. The spatial (2) Permit Application; Field Check, arrangement of proposed structures and other 27F-13.01 Purpose. exist Verification Prerequisite to Permit Issuance impervious surfaces shall reflect design (1) (a) Any person, firm or corporation requesting considerations which provide maximum lite Florida Constitution. and Section 380.05. a land clearing permit shall file an application protection of these tropical hardwood hammock Florida Statutes, it is lite purpose of 11 with die City Commission on a form provided by communities. rules in define lite boundary of liar City (if said Commission. Said application shall contain (2) To the maximum extent possible, Key West Area of critical State Concern avid the following information; individual palm trees and it" cactus of the to provide principles for guiding ana 1. The name and address of the owner of the following species shall be protected; development within the critical area in order and for which the clearing permit is requested; Buccaneer Palm - part 2. The name and address of the person, firm or Cabbage palm - Saba[ palmetto to conserve and protect lite natural. A corporation that will physically clear the land; Coconut palm - Coccis environmental, historical and economic Fleas 3. The proposed date the land clearing will Date palm - Phoenix dactylifera resources. lite scenic licauty, and lite public Ran facilities within the Area of Critical State 8C commerce and the projected date of completion; Paurtis palm - Acticlorrhaphe wrightii Concern. dcsc 4. The legal description and street address, if Royal palm - Roystonea clata any, of the land for which the permit is requested; Silver palm - Coccothrinax argentats, (2) The 1979 legislation designating the 2C 5. A map of the natural vegetative Key thatch palm - Thrinax morrissii (H. Florida Keys Area of Critical State Concern U. S communities found on and adjacent to the site. Wendel) contained a special provision, Section -12081 An overall site plan of the land for which the Florida thatch palm - Thrinax radiala 380.055240), Florida Statutes. that required 1111171 is requested indicating the shape and (Lodd) the removal of the Cityof Key West ions of said land, the purposes for which Washington palm - Washington filifera approval by the State Land Plannirkg Tree cactus - Carcus robinii of the Land Use Element of feet ica.. , is requested, and the steps taken to Ilk liken minimize effects of clearing on surrounding Spedre Authority 380.05(8) FS. Law Implemented Government C0111 rchiensive Plan. This was - vegetation and water bodies. 38005 FS. History-New 3-30-76, Formerly (b) Prior to the issuance of a land clearing 22F-13.04. accomplished on june 26,1981. then the City Commission shall field check the, 27F-13. -05 F4 exeutive rateThese rules shall (3) Based an the recommendation of the ment coral Clearing 'site ait shall take effect twenty. (20) days after riling with the Committee and the State Land Plaininig Keys Resource Planning and Management application that the facts contained therein, Secretary of State, relative to the lomfitin and description of Specific Authority 380.05(8) FS. Law Amplented Agency. the Administration Commission vegetation, are factually correct. 120.54(11), 380.05 FS. History-New3-30-76, determined to again designate the City of Key (3) Approval of Permit Forrncrly 22F- 13. 05. West as an Area of Critical State Concern. A After an application for a land clearing permit These principles are the basis for the City of To,, has been filed and verified, the City Commission Firing date Key West to prepare the Comprehensive shall review and consider what effects such Final agency action occurred when rules were riled Plan and Land Development Regulations for Isla removal of vegetation will have upon the natural with Department aState, although in some cases rules the designated Area of Critical State part resources, scenic amenities and water quality on may be withdrawn or changed after such riling, and Concern. When the principles are property and adjacent to the proposed site. Upon finding petition making of review was not riled within 30 implemented by the adoption and line that such removal of natural vegetation will not days, so court had no jurisdiction. Florida adversely affect the natural resources, scenic Administration Commission . District Court enforcement of the Comprehensive Plan and amenities and water quality adjacent to the First District, 351 So. d 712 (1977). Development Regulations. then the alon proposed site, the permit shall be approved, advantages of coordinating development in approved subject to modification or specified CHAPTER 271F-14 the Area of 8l Stale 6 concern then conditions, or denied. In the event a request is COASTAL energyimpact program achieved. denied, the reasons for denial shall be noted on the (Formerly 22F-14) Specific authority 38005(f) FS Lam. 300 application form and the applicant Shall be so 14.01 - 27F-14.09 Reserve d. implemented 380.03 4FS flisior)-0New 2-28-94. notified. (4) Notification of Completion of Clearing; 27P-4.10 Purpose. 27F45.02 Boundary. The area said Certificate of Completion 27F-1+11 - 27F-14A9 Reserved. designated as an Area of Critical State to I Within forty-eight (48) hours after the work 27F14.20\ Definitions. Concern encompasses the territorial contemplated under the land clearing pernait has 27F-14.21 21,\27F-14.29 Reserved. boundaries of the City a( Key West, Florida, %her been completed, the holder of the perntit shall 27 F- 14.30 authority including the entire Island of Key West notify the City Commission shall issue a certificate 27F.14.31 27F714.39 Reserved. Monroe County, Florida, and all territory of completion to the holder of the permit. No 27F-14.40 whether natural or Filled, separated from the 7F-1 Reserved. on further activity of any nature shall commence on 2 4.41 27F-14Z4 27F-14.50 Applicant Eligibility. Island of Key West by artificial canals or Sect the land that is the subject matter of the land natural channels or waterways, and all clearing permit until said certificate has been 27F-111.l - 27F-14.59 served. Policy and Coridqtion. territories that have been filled in, built up Section 27F-14.61 - 27F-14.69 and developed and areas not contiguous, (1) To mucent possible, tropical 121F-14.70 Procedure. adjacent to, or (in said Island (if Key tile hardwood hammock communities, as defined in 1984 annual supplement 129 1984 annual supplement channel shall be included in the territorial development within its bounderies to be information relative to the project's potential of the disposal of boundaries of the city of key west, florida, consistent with these principles. impact on public facilities, including without waste-water effluents and resid nor shall the property commonly known as comprehensive plan shall be implemented limitation, water, sewer, solid waste disposal 2. site alteration and key haven be included in the territorial through development regulations, including and transporation facilities. a community regulations shall provide for: boundaries of the city of key west, florida zoning ordinances and maps, which are kept impact assessment statement shall be a. recreation of runoff or discharge nor shall the property known as wisteria current and made available for reasonable submitted and approved prior to the issuance runoff into adequately sized island and/or any other islands situated and public distribution and inspection. of development orders or site plan approval vegetative filtration areas in a lying west of the island of key west be development orders shall be issued only in for the following developments. approximating the nautrual runoff included in the territorial boundaries of the conformance with the policies and standards a. Any development which includes b. Permanent drainage system City of Key West, Florida (sp. Acts, 70-762, of the Comprehensive Plan, development building(s) in excess of 45 feet in height; make maximum use of natural Section 1). regulations and maps. b. Any intensive land uses including: patterns, vegetative retention and fi Specific Authority 380.05(1) FS Law 2. The City of Key West shall prepare residential uses of 10 or more dwelling units; c. Maintenance of habitat for Implemented 380.05 FS History-New 2-28-84. and implement Capital Improvement per acre 50 or more total dwelling units; species, prevent the introduction of based on viable funding sources to provide and vegetation, and minimize the altera 27F-15.03 Principles for Guiding adequate intrastructure for existing c. Intensive business, commercial, or transitional wetlands. Development. future development. industrial uses. (d) Protection of Public Faciliti (1) objectives to be achieved. 3. Issuance of development orders shall be 6. Developments shall be encouraged in Investments. (a) Strengthen local government coordinated with and contingent upon the Comprehensive Plan and development 1. The City of Key West,in coope capabilities for managing land use and provisions contained within the Capital regulations to use clustering and other design with the Florida Keys Aqueduct Auth development; Improvement Plan. Development shall not techniques which would reduce public shall amend all applicable plumbing co (b) Protection of tidal mangroves and be approved which is inconsistent with or facilitate costs, produce energy savings, and provide for the mandatory installatio associated shoreline and marine resources exceeds the services specified in the Plan. improve the scenic quality of the water conserving fixtures in all and wildlife; 4. Special planning and zoning districts development. In addition, they shall conform development and redevelopment. (c) Minimize the adverse impacts of shall be created for: to appropriate setback and open space 2. Business, commerical and indust development of the quality of water in and a. Environmentally sensitive areas requirements, stringent landscaping and development shall provide off street park around the City of Key West and throughout including, without limitation, mangrove land use compatiblity requirements. and limited controlled access points to C the Florida Keys; communities. Such areas shall be zoned with Building and sitting requirements shall thoroughfares. (d) Protection of scenic resources of the a maximum use density of one dwelling unit reduce hurrican and fire damage potential 3. Existing and future waste treatm City of Key West and promotion of the per acre. Site alteration in these area shall be and control access to City thoroughfares. and disposal sites shall be protected f management of unique, tropical vegetation; limited to 10% of the total size. Density 7. An evacuation plan consistent with encroachment by land uses which wo (e) Protection of the historical heritage of credit should be considered by local Regional and County plans shall be prepared endandger their functions or existence. Key West and the Key West Historical governments as an incentive for the and adopted which provides an opportunity (c) Historical Resource Protection. Preservation District; preservation of environmetally sensitive for residents and visitors to evacuate to a 1. A management and enforcement P (f) Protection of the value, efficiency, areas. ace of safety during a natural disaster. and ordinance shall be adopted by the City cost-effectiveness and amortized life of b. Noise and hazard zones of the Key (b) Site Alterarion Regulations. Key West providing that designs and uses existing and proposed major public West Naval Air Station as delineated by the Site alteration and landscaping development reconstruction within the K investments, including: U.S. Navy Office of the Chief of Naval regulations shall provide for: West Histroical Preservation District sh 1. The Florida Keys Aqueduct and water Operations. Development within such zones 1. A land clearing permit of limited be compatible with the existing unique supply facilities, should be limited to that compatible with air duration issued upon approval of a site plan architectural styles and shall protect 2. Sewage collection and disposal operations. Implementation of this section which includes a natural vegtation map, historical values of the District. facilities, should be closely coordinated with the Office excepting minimal clearing required for survey. 2. The City of Key West shall miantain 3. Solid waste collection and disposal of the Chief of Naval Operations. Similar 2. Limitation of the size and species of an architectural review board established facilities, districts should be created around civilian trees allowed to be removed in clearing, pursuant to Section 266.207(2), Florida 4. Key West Naval Air Station, airfields in cooperation with the Florida including reasonable exceptions for structure Statutes. Furthermore, the architectual 5. The maintenance and expansion of Department of Transportation and the sites and public safety. The ordinace shall reveiw board shall receive notice of transportation facilities, and Federal Aviation Administration. Codes for provide protection for native tropical applications for development within the C 6. Other utilities, as appropriate; airfield districts should clearly specify height vegetation and tree species characteristic of of Key West and participate in hearings (g) Minimize the adverse impacts of limits for structures and other appropriate West Indian tropical hardwood hammacks. appropriate. proposed public investments on the nautrual restrictions on developmnet necessary to 3. Revegetation and landscaping of Specific Authority 380.025(1) FS. 1 and environmetal resources of the City of protect air operations and public health and cleared sites after construction. Implemeted 380.05 FS. History--New 2-28- Key West; and safety. (c) Waste Control and Water Quality (h) Protection of the public health, safety, 5. A community impact statement shall be Protection. 27F-15.04 Adiministration. welfare adn economy of the City of Key designed to enable local governmental 1. The City of Key West, in cooperation (1) The above guidlines are orien West, and the maintenace of Key West as a officals to determine the proposed with the Monroe County Waste Collection towards protection of natural and histroi unique Florida resource. development's favorable or unfavorable and Disposal District, shall establish criteria resources and public investments of regio (2) Elements Requiring Regulation. impact on the environment, natural and regulations for the methods and location and State importance. (a) Planning and Administration. resources, econonmy and the potential of the 1. The City of Key West shall notify the project to meet local or regional housing Comprehensive Plan which guides needs. The statement shall also require 27F-16.02 1984 ANNUAL SUPPLEMENT 130 131 1984 ANNUAL SUPPLEMENT (3)intergovernmental coordination allocated a density in excess of one unit (2)The Comprehensive plan and 27f-16.02 comprehensive Plan. The element acre. to the extent site aheration permitted in no event shall site alteratio development regulations developed pursuant City of key West Comprehensive Plan I Section II: Goals, objectives and policies exceed 10% of the total site size ` 16. page 5.25, policy 8.E add: the old island restoratio to these principles shall be: 1981, is incorporated by reference with the Page 4.8, add the following: commission (oirc) shall recomend to th (a) Performance oriented to maximize following amendments: Policy I.E, In cooperation with the city appropriate standars and guideline design flexibility. (1) fiscal Structure and Economic Monroe County Waste collection and for the protection of the architectur (b) Administered by the municipal Assumptions Element disposal district,establish critcria an heritage of the historic district. the ci government in tile same manner as local (a) Section 1: Inventory and Analysis regulations for the methods and location of shall consider this recommendation and n comprehensive plans, ordinances, and codes. page 2.0, add new page as follows: the disposal of all solid waste and wastewater later than July 1,1985 by ordinance ado Specifie Authority 380.05(1) FS law Data found in this section were originally effluents and residuals, standards and guidelines for the protection Implemented 380.05 FS history-new 2-2r-r4 compiled prior to 1981. more current figures Policy I.F. Ensure that existing an the architectural heritage of the histor will be available no later than 1986 as part of future waste treatment and disposal sites are district. CHAPTER 27F-16 the evaluation and appraisal report processs protected from encroachment by land uses (b) Section III: Implementation Program COMPREHENSIVE PLAN AND LAND required by Section 163.3191, florida which would endanger their functions or 1. Page 5.28, under "Existing Loca DEVELOPMENT REGULATIONS Statutes. to update this element of the existence. Regulations, 2." FOR THE CITY OF KEY WEST AREA Comprehensive Plan. This process will also (4) conservation/costal zone Delete "SP. Acts 69-1187" OF CRITICAL STATE CONCERN involve information developed in planning Protection Element 2. Page 5.29, continuing under "Existin studies prepared by the City of Key West (a) Section II: Goals, Objectives, and Local Regulations, 3, 4, and 5." 27F-16.01 Purpose and Effect. Planning Department and the other revised Policies Delete "# 79-45" (1) the purpose of this Chapter is to elements of The Comprehensive Plan 1. Page 5.19. Policy 2.1., line 3. Delete "# 78-14" establish land development regulations and a approved by the Administration Delete "extensive" Replace "Major Development Ordinanc local comprehensive Plan applicable within Commission. 2. Page 5.19,Policy 2.1 # 76-5" with "Community Impac the city of key west area Critical State (b) Section 11: Economic Assumptions Delete "unduly" Assessment Ordinance," and add: " concern.pursuant to Section 380.05(8), F.S. Page 2.40, under F. utilities and Services, 3. Page 5.20, Policy 2.N. Landscape Ordinance." it is the intent of the Administration delete the entire paragraph, and add: Add after seagrasses the words "an (5) Traffic Circulation Element commission that this rule shall supplement Utilities and services are discussed in the reestablishment of plant material" Section 1: Inventory and Analysis those land development regulations approved Utilities and Public Services Element of the 4. Page 5.20 , Policy 3A. (a) New page 7.3a, add as follows: by the Department of Community Affairs in Traffic Circulation System, 1984 comprehensive Plan. Problem areas are Replace "should" with "shall" The Florida Department Chapter 9B-30, FAC. this Chapter and noted in the Fiscal Structure and Economic 5. Page 5.20. Policy 3.01. Transportation is presently helping the Ci Chapter 9b-30, FAC, comprise the Assumptions, Traffic Circulation. and Replace "should" with "shall" deal with numerous circulation problems comprehensive plan and land development Utilities and Public Services Elements. 6. Page 5.20, Policy 3.C. designing and conducting a Comprehensive regulations for the City of Key West Area of (c) Section 111: implementation Program Replace "should" with "shall" Traffic Circulation Study which will resu Critical State Concern. To the entent that Page 2.47, add under Other Funding 7. Page 5.20. Policy 3.D. in recommendations for (1) an immediat existing ordinances are not adopted in this Sources the following paragraph (insert as Replace "should" with "shall" action plan which will define needed low co rule or approved in Chapter 9B-30, FAC, new paragraph after first paragraph): 8. Page 5.20, Policy 3.E. improvements and safety recommendation such ordinances are not deemed to be "land in order to accommodate demand for Replace "should" with -shall- and (2) a long-range 1995 transportatio development regulations" within the public services it is reasonable to require that 9. Page 5.21. Policy 3,F. plan responsive to anticipated growth definition of Section 380.031(8), F.S. new and expanding development or population, employment and tourism. Delete existing wording replace with This effort, in conjunction with (2) As provided in Section 380.05(10), redevelopment pay an equitable and "The sale of submerged lands for the purpose planning studies prepared by the City of K F.S., the comprehensive plan and land proportionate share of the necessary of obtaining fill material shall West Planning Department, as well development regulations adopted herein improvements. Such payments should be in prohibited." future reports, will be used by the City shall be superseded by regulations or the form of land dedications, impact fees of 10. Page 5.21, Policy 3.H. evaluate the impacts of future developmen amendments which are proposed by the City similar requirements to be incorporated in an Replace "should" with "shall" in both on the existing transportation system. of Key West and approved by the appropriate ordinance. The City will sentences. Current studies describe problems in 11. Page 5.20, Policy 3.9. existing street network. To a large exten Department of Community Affairs under the Continue to develop and evaluate vairious especially in the historic district, roads are to procedures found in Section 380.05(6), F.S. planning studies to determine the capacities Replace "should" with "shall" narrow to serve as major or minor arteri (3) In the event of any inconsistency of public services and the sources of impacts 12. Page 5.21, Policy 3.i. routes. To address this issue, studies will between the comprehensive plan and a land on those services. Replace "should" with "shall" necessary to explore alternatives development regulation or graphic (2) Open Space and Recreation Element 13. Page 5.24, Policy 6.F. right-of-way expansions, where expansion rendering, including but not limited to the Section III: implementation Program Delete "particularly" are not feasible in many areas. zoning and land use maps, the text of the Page 3.36, under I. "discouraged" with "prohibited" (b) Page 7.18 Policy 2.C. comprehensive plan shall control. Replace "To the extent possible allocate 14. Page 5.24, Policy 7.A. Replace "Enco with "Develop" specific authority 380.05(8) fs. law local expenditures on recreation facilities replace "encourage that" with "regulate" (c) New page add as follows: that will" "with ensure that the allication and delete"occur" implemented 380.0598) fs. history-new local expenditures on recreation facilities 15.page 5.24, add: "7.c. environmentally sensitive areas will." including but not limited to wetland 1-17-85 communities mangroves salt ponds and tropical hardwood hammocks shall not be 27F-1 1984 ANNUAL SUPPLEMENT 133 1984 ANNUAL SUPPLEMENT 27F-16 Objective 4: Equitably distribute the cost of transportaion system improvements. Policies: 4A. Develop a Capital Improvements Program with a transportation system component. 4B Where the City determines that applications for development approval will adversely impact the capacities of the transportation system improvements are funded by some means, including but not limited to the option of development contributing its fair share to the necessary improvements. (d) Add, new page 7.32, as follows: New Development, The City will continue to study the impacts of new development on the existing transportation system. The Comprehensive Traffic Circulation Study, as well as other planning studies, may be used to identify current problem areas, and may serve as sources of information for the development of new funding sources by ordinaces designed to equitably distribute the costs of transportation system improvements. (6) Public Services and Utilities Element (a) Introductory Matter 1. Page 8.2, add a new paragraph as follows; The material found in this element is being revised by planning studies and the update process required by Section 163.3191, Florida Statutes. This information acknowledges the status of public utilites and services as they existed in 1981 and is retained for its historic significance. A study completed by the Key West City Planning Department in August, 1984, focused on problem areas continuing to face the City, such as water, sewer, solid waste, transportation, public safety and electricity. The City will continue to revise all of this information as it works to document the capacities of existing public services. 2. Page8.3, add new page as follows; The planning studies prepared by the Planning Department specifically inventory several public services with respect wto the impacts of future development on service capabilities. These studies and subsequent reports will be used as a basis for equitably distributing the costs of anticipated service improvements. (b) Goals, Objectives, and Policies 1. Page 8.21, Policy I.D. Replace "Encourage" with "Require" 2. Page 8.22 Insert Policy 2.D Establish, in coordination with Monroe County, criteria and regulations for the methods and locations of the disposal of all solid waste and wastewater effluents and residuals. 3. Page 8.22 Insert Policy 2.E - Develop and implement a Capital Improvement Plan to ensure adequate existing and future solid waste disposal. In doing so, develop standards for this public investment and indentify viable funding. 4. Page 8.22, Policy 3.C Add sentence: Coordinate with South Florida Water Management District for their review and comment on the proposals, where appropriate. 5. Page 8.23 Insert Policy 4.D - Protect existing and future waste treatment and disposal sites from enroachment by land uses which would endanger their functions or existence. 6. Page 8.23 Insert Policy 4.E - Establish, in coordination with Monroe County, criteria and regulations for the methods and locations of the disposal of all solid waste and wastewater effluents and residuals. 7. Page 8.24a, add as follows: Goal: Equitably distribute the cost of improved public services and utilites. Objective 1: Equitably distribute the costs of services and utility expansions. Policies: 1.A. The City will develop a Capital Improvement Program to address financing for necessary service and utility expansions. 1.B. Where the City determines that applications for development approval will adversely impact the capacities of utilites and services including, but not limited to water, sewer, solid waste disposal and transportation, such approvals shall be withheld unless appropriate utilities and service expansion are funded by some means, including but not limited to the option of devleopment contributing its fair share to the necessary expansion cost. (c) Section III: Implementation Program 1. Page 8.26 Under "Potable Water," delete "Ordinance 76-5 and add "a Community Impact Assessment Ordinance" 2. Page 8.27 Under "Wastewater Treatment," delete "Ordinance 76-5 and add "a Community Impact Assessment Ordinance" 3. Page 8.28 Under "Drainage and Flood Control" delete the final sentence of the third paragraph. 4. Page 8.29 Under "Site Desighn Criteria," delete existing paragraph c., and insert the following paragraph c.: Retention of runoff or discharge of such runoff shall be into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. 5. Pages 8.30a and 8.30b Delete existing language, insert new definition. Evaluation Buildings should have a minimum elevation as required by the base flood elevations in conformance with the Federal Flood Insurance Programs Flood Insurance Rate Maps (FIRM). Following are building height regulations that will control future development and that will be incorporated into the City's development codes. a. Definition of Building Height. In a R-2H Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, ro the highest point of the proposed building. In all other zoning districs, building height shall mean the vertical distance from the crown of the nearest adjacent street to the highest point of the proposed building. Building height excludes elevator shafts, signs, antennas, ventilating shafts, air conditioning units and other non-living or nonleasable area, appurtnenant structures, and incidental protrustions above the roof line. These exclusions shall be approved by the Building Department of the City of Key West. b. Maximum Building Height District Height R-1 25 R-1A 25 R-1B 25 R-2 40 R-2H 40 HP-1 30 HP-2 35 HP-3 30 C-1 40 C-2 40 M-1 35 M-2 35 c. The City Commission may allow buildings in excess of the Maximum Building Height as a special exception. Provided, however, in the HP-2 district additional five feet fo building height shall allowed when the roof is of a pitch desig which roof shall be approved by the O Island Restoration Commission. In addition to any other conditions imposed by law including but not limited to Section XV Appendix A, Code of Ordinances, on the granting of special exceptions and prior to the Board's approval of a special exceprio relating to height, written findings shall be made by the Board that: 1. screening, buffering, or massing structures will mitigate the visual impact height; 2. the height will be compatible with surrounding structures; and 3. the additional height supports the public interest and advances positive land use policy rather that mere economical convenience of the applicant. d. Structure Design In no case should areas created by elevete buildings be used for living units or a occupied leasable area. Thus, are below bottom floors should be restricted to the following use: 1. Parking 2. Storage 3. Recreation 4. Utility Rooms Bottom floors must comply with all relevan sections of the Federal Flood Insurance Program and the City of Key West Building Code. 6. Page 8.30c. Delete paragraphs and lines up to, but not including, heading Solid Waste. 7. New page 8.33, add new section as follows; System Improvements The City, as described in the Fisca Structure and Economic Assumptions, will continue to assess various methods of funding necessary for system improvements. At minimum, such methods may include the adoption of impact fees consistent with principles established by the Florida Supreme Court and the creation of specia taxing or municipal service districts. (7) Future Land Use Plan Element (a) Section 1: Inventory and Analysis New page 9.16a, add the following: The provision of transportation and public services will have significant effects on future land use patterns within the City. In order to properly assess those effects, it is necessary to continually review existing capacities for sewers, solid waste, publi 27F-16.03 1984 ANNUAL SUPPLEMENT 134 135 ANNUAL SUPPLEMENT 27F-16.03 safety, electricity, water and transportation, as well as other services. When new growthn necessitates expansion or replacement of different system components, the City will identify those needs and how such improvements can be financed. (b) Section II: Goals, Objectives, and Policies 1. Page 9.24. Add Policy F. Promote traditional waterfron uses. 2. Page 9.25, Policy B Replace "should" with "shall" 3. New page 9.26a, add: Objective 4: Develop a hurricane evacuation plan consistent with regional and county plans that provides an opportunity for residents and visitors to evacuate to a place of safety during a natural disaster. Policies: a. It shall be the policy of the City to develop and adopt a hurricane evacuation plan consisten with regional and county plans. This plan shall be developed and adopted within twelve(12) months of the adoption of a hurricane evacuation plan by Monroe County. b. After the adoption of a hurricane evacuation plan, any development that contains habitable untis and that also meets the threshold requirements of the Community Impact Assessment Ordinance shall include the assessment a statement of: i. The manner in which residents are informed of the plan. ii. The developer's responsibility under the plan. c. Where appropriate, all City, County, State, Federal and other public buildings shall be built so as to incorporate hurricane mitigation measures such that the building may serve as an approved hurricane shelter in times of emergency. 4. Page 9.27, Policy B. a. Third line - delete "i.e.," and insert "including, but not limited to," b. Fourth line - delete the number 78-14 c. Fourth line - delete "Major Developement," and insert "Community Impact Assessment." d. Fifth line - delete numbers 76-5 and 69-29 and insert Key West: "Tree Ordinance, Landscape Ordinance" 5. Page 9.32 Second line of page - delete "Major Development" and insert "Community Impact Assessment" Special Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History-New 27F-16.03 Land Development Regulations. The following ordinances of the City of Key West are adopted as amended herein, and are incorporated by reference as the land development regulations for the City of Key West: (1) "The City of Key West Community Impact Assessment Ordinance," Sections 24-1/2-31 through 24-1/2-40 of the City of Key West Code of Ordinances, including ordinances 76-5, 84-2 and 84-43, under (b): "or any residential development in which the gross residential density is 10 or more units per acre and the development requires rezoning, variance or special exception modifying the presently allowed density." (a) Add to Section 24-1/2-34, under (b): "or, any residential development in which the gross residential density is 10 or more units per acre and the development requires rezoning, variance or special exception modifying the presently allowed denisty." (b) Section 24-1/2-34 Insert new: (d) Any development which occurs in or adjacent to wetland communities as defined by marshes and shallow areas which may periodically be inundated by tidal waters and which are normally characterized by the prevalence of salt and brackish water vegetation capable of growth and reproduction in saturated soil, including but not limited to batis (Batis maritma),black mangroves (Avicennia germinans), red mangroves (Rhizophora mangle) and white mangroves (Laguncularia racemosa), cord grass (Spartina spp.), Buttonwood (Conocarpus crectus),glasswort (Salicornia spp.), Key Grass (Monathocloe littoris),sea daisy (Borrichia spp.), and sea purslane (Sesuvium portulascasstrum)." (d) becomes (e) (t) becomes (f) (c) Section 24-1/2-35 (a), line 16. Add after "required," "If no building permit has been issued within one calendar year from the date of approval of a development's CISA, the approval shall expire and a new CIAS must be approved before any building permits can be issued." (d) Section 24-1/2-37(a)(5) After "site"add: "shall provide for: (1) Retention of runoff or discharge of such runoff into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. (2) Permanent drainage systems which make maximum use of natural drainage patterns,vegetative retention and filtration." (e) Section 24-1/2-37 (a) Maps Add: (9) A natural vegetation map if the site includes wetland communities. (f) Section 24-1/2-37 Delete (d)(1) and substitute: (d) Natural Resources (1) Natural Vegetation: If wetland communities are found in or adjjacent to the site,describe all proposed site alterations in these areas including dredging, filing, spoil sites,canals and channels. Identify measures which have been taken to protect conditions and characteristics which promote shoreline stabilization,storm surge abasement,water quality maintenance, wildlife and marine resource habitats,and marine productivity. Illustrate how any activity or structure that will impact wetland communiteies will be performed, located, constructed and maintained to prevent or mitigate any adverse impacts to wetland communites. (g) Section 24-1/2-2-37(g) Add (4) as follows: (4) Describe hurricane evacuation considerations which acknowledge the current evacuation and emergency operations plans, how project residents will be informed about these plans, and any developer responsibilites identified in such plans. (h) Section 24-1/2-37(h) Add (10) Provide evidence that any necessary permit, lease or other permission from the Florida Department of Environmental Regulation and Natural Resources has been obtained for any activity that will impact wetland communities or submerged lands. (i) Add Section 24-1/2-41-Site Plan Review. Beginning January 2,1986,prior to the issuance of any building permit,a site plan review approval shall be required of any project of eight (8) or more habitable units or non-residential projects which result in the creation or expansion of four thousand (4,000) square feet or more of building area. A non-refundable fee in the amount of $1000,000 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However,in those instances where both site plan review and impact statement review are required, the maximum fee shall not exceed $6,000.00. Beginning July 1, 1986, prior to the issuance of any building permits,a site plan review approval shall be required of any project of three (3) or more habitable units,or non-residential projects which result in the creation or expansion of 500 square feet or more of building area. A non-refundable fee in the amount of $1000.00 shall accompany the application. An additional fee shall be determined in the manner provided in Section 24-1/2-40. However, in those instances where both site plan review and impact statement review is required, the maximum fee shall not exceed $6,000.00. If a proposed project is abandoned for a new project or is substanially changed in the opinion of the zoning offical, a new fee will be charged for the project. The purpose of the site plan procedure is to aid the developer through approval of preliminary plans prior to development of complete construction drawings. Approvals should be secured prior to the construction document phase. The required site plan submission may be submitted along with construction drawings at the time of building permit application. However, a building permit will not be issued until site plan approval has been granted. Section 1. Consideration in reviewing Site Plan. The following will be considered, depending on the nature of the project,by the Zoning Official for site plan approval and by those departments, agencies and persons reviewing and evaluating site plans: A. Compliance with all City policies, standards and zoning regulations. B. The provision of adequate, safe vehicular and pedestrian circulation. C. The provision of adequate open space and landscaping. D. The provision of surface run-off and site drianage. The retention of runoff or discharge shall be incorporated into adequately sized natural vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage patterns, vegetative retention and filtration shall be required. E. Consistency with the Key West Comprehensive Plan. Section I. Information Included in Site Plan. A site plan for the purposes of this Section shall include, but not necessarily be limited to the following requirements. All drawings must be drawn to scale. All projects requiring preparation by an architect or engineer shall be conbined in accordance with Chapeters 471 and Florida Statutes, as amended,which establish standards for 27F-16. 1984 ANNUAL SUPPLEMENT the qualifications, licensing,and registration of these professions and further prescribes a form of seal to be used by all valid registrants. Each site plan application shall be signed by the legal owner or authorized agent with power of attorney. A. All Site Plan applications shall include, where applicable. 1. General Information a. Street address and complete legal description of the site. b. Description of the project, including total lot area, total building area, building square footage by type,site coverage,square footage of paved areas and opern areas,number of dwelling units, along with other pertinent information. 2. Drawings a. Map illustrating existing land uses within 100 feet of the site. b. Site Plan. i. Site boundaries including existing and proposed easements and rights-of-way. ii. Location and use of all buildings and structures on the site, showing existing and proposed buildings. iii. Location and character of all: - paved areas and parking areas, including walkways, indicating wearing surface materials. - outside facilites for waste disposal, storage or display, and related screening. - open space and landscaping, including the ehight of all perimeter walls, fences, hedges, ornamental walls and other screening devices. - curb cuts on the site. c. Generalized floor plan indicating dimensions and square footage of each use of all building, building addition, or sturcture; and indicating new and existing construction. d. Elevation drawings showing the sides, front and rear of the proposed building or building addition, indicating the exterior construction material and color, height between floors, first floor, elevation and roof height. e. Additional drawings such as perspective, transverse section, etc. may be submitted to more accurately depict a project. f. Location, character and orientation of signs and outdoor lighting. g. Systems for controlling stormwater runoff. B. Supplemental Requirements. 1. Those projects located on or along a shoreline shall include the following: a. Any casements or rights-of-way providing public access to the shoreline. b. The location and type of any existing or proposed bulkhead. 2. The Zoning Official may require that additional information be included in site plans, including but not limited to information concerning: a. Protection of vegetation. b. Shoreline protection. c. Flood protection and elevations. d. Consistency with the Key West Comprehensive Plan. 3. Identification of the size and nature of any recreation facilites being provided on the site. (2) "The Zoning Ordinance of the City of Key West, Florida, Appendix A of the Code of Ordinances (except for those sections approved in Chapter 9b-30,FAC) with the following amendments: (a) Section 1, page 2861, line 1. Change "Milo Smith and Associates, Inc." to "Regional Research Associates." (c) Section VII, page 2873. Add new paragraph (1)(f) to read: "Environmentally sensitive areas including but not limited to wetland communites, mangroves, tropical hardwood hammocks and salt ponds shall be zoned with a maximum density of one unit per acre. Site alteration shall be limited to a maximum of 10% of the total site size." (d) Section VII, page 2873(2)(k). Change "35 feet" to "25 feet." (e) Section VII, page 2876(3)(j). Change "40 feet" to "25 feet." (f) Seciton VII, page 2878(4)(k). Change "40 feet" to "25 feet." (g) Section VII, page 2884.1(7)(j)1. Change "40 feet" to "30 feet." (h) Section VII, page 2884.1(7)(i)2. Change "40 feet" to "30 feet." (i) Section VII, page 2886(8)(i). Chnage "40 feet" to "35 feet." Add "provided, however, an additional 5 feet of building height shall be allowed when the roof is of a pitched design, which roof shall be approved by by the OIRC." (i) Section VII, page 2886.2(8A)(i). Change "40 feet" to "30 feet." (k) Section VII, page 2895(11)(i). Change "40 feet" to "35 feet." (l) Section VII, page 2896(12)(i). Change "none" to "35 feet." (m) Section VII, page 2896.3(13)(a)(4). Change "four (4) stories" to "40 feet." (n) Section IX, page 2912(l)(a). 137 1984 ANNUAL SUPPLEMENT 27F-16.03 Replace paragraph with: a. Definition of off-street parking spaces. For the purpose of this ordinance, the term "off street parking space" shall be a minimum of nine feet (9') wide and twenty feet (20') long. Driveways for a parking area shall be a minimum of twenty feet (20') wide (two-way) and twelve feet (12') wide (one-way). (o) Section XIII, page 2929(4)a, line 2. Change "HP-1 and HP-2 Districts" to "HP Districts." (p) Section XIII, page 2929(4)b, line 1. Change "HP-1 and HP- " to "the HP." (q) Section XIII, page 2929(4)(c), line 1. Replace "In a district zoned HP-1 or HP-2" with "IN an HP district." (r) Section XIII, page 2929(4)(c), line 5. Replace "HP, and HP-2" with "HP." (s) Section XIII, page 2931(l), line 6. Replace "either of the two (2)" with "any of the" (t) Section XXIV, page 2945(16). Replace entire paragraph with: 16. Definition of Building Height. In a R-211 Zoning District, building height shall mean the vertical distance from the crown of the nearest adjacent street or the base flood elevation, whichever is higher, to the highest point of the proposed building. In all other zoning districts, building height shall mean the vertical distance from the crown of the nearest ajacent street to the highest point of the proposed building. (u) Section XXIV, page 2954(51)a, line 4. Add "The lot line of a lot abutting a public street shall be deemed the front lot line. The front yard of a corner lot shall be that yard abutting the street with the least frontage unless otherwise determined by a street address assigned to the property on a recorded plat or deed." (v) Amendments to Section VII which have been adopted by the City of Key West in the following ordinances: 1. Ordinance 84-13, adopted April 2, 1984. 2. Ordinance 84-28, adopted July 16, 1984. 3. Ordinance 84-41, adopted October 1, 1984. (3) "Trees," Chapter 35, Sections 35-1 through 35-27, Code of Ordinances of the City of Key West, with the following amendments: (a) Section 35-3(a), line 5, page 2675. Add, after "trimming." "An application for tree removal shall include a site plan, including a natural vegetation map, excepting when minimal clearing is required for a survey." (b) Section 35-5, pages 2677-2679. Add, to list of species: "Buttonwood-Conocarpus erectus. Red mangrove-Rhizophora mangle, Black Mangrove-Avicennia germinans, White Mangrove-Languncularia racemosa." (c) Add Section 35-6, "Penalties" on page 2679: Upon conviction, a violator of any provision hereof shall be subject to a fine not to exceed five hundred dollars ($500.00) or imprisonment in jail for a period not to exceed sixty (60) days or both such fine and imprisonment, in the discretion of the court; and each individual tree cut down, destroyed, removed or moved shall constitute a separate offense. In adddition to the fine, the violator shall be required to restore the site with like vegetation as outlined in a restoration plan approved by the building department. Civil Remedies In addition to any other remedies provided by this Article the City shall have the following judicial remedies available for violations of this Article or any permit condition promulgated under this Article. (a) The City may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of vegetation in contravention of the terms of this Article. (b) The City may institute a civil action in a court of competent jurisdiction to impose and recover a civil penalty for each violator in an amount of not more than five thousand dollars ($5,000) per offense. However, the court may receive evidence in mitigation Each tree unlawfully removed under the provisions of this Article shall constitute a separate offense hereunder. (c) The City may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this Article to cojoin any violation hereof; and to seek injunctive relief to prevent irreparable injury to the vegetation or properties encompassed by the terms of this Article. (4) "Landscaping," Chapter 17-1/2 City of Key West Code of Ordinances Sections 17-1/2-1 through 17-1/2-9, with the following amendments: (a) Add in Section 17-1/2-5(a), page 1561 after "proposed landscaped development," "... and site draining patterns and systems." (b) In Section 17-1/2-6(f). "Prohibite 27G-1.08 1984 ANNUAL trees, "page 1564, delete "... or utilized in any manner to fulfill the requirements of this chapter." (5) "Subdivisions," Chapter 30, City of Key West Code of Ordinances, Sections 30-1 through 30-48, with the following amendment: Section 30-45, "Drainage," page 2408, Add: "The retention of runoff or discharge shall be incorporated into adequately sized natual vegetative filtration areas in a manner approximating the natural runoff regime. Permanent drainage systems which make maximum use of natural drainage pattersn, vegetative retention and filtration shall be required." (6) Ordinance 54-17, adopted by the City of Key West on May 21, 1984, amending the Future Land Use Element of the Comprehensive Plan. (7) Ordinance 84-31, adopted by the City of Key West on August 20, 1984, amending Chapter 9 of the Code of Ordinances, "Buidlings and Construction." Specific Authority 380.05(8) FS. Law Implemented 380.05(8) FS. History-New 1-17-85. tvice 25-5.309 CHAPTER 25-6 ELECTRIC SERVICE BY ELECTRIC PUBLIC UTILITIES RT I GENERAL PROVISIONS -6.01 Authorization of Rules. -6.02 Application and Scope. -6.03 Definitions. -6.04 Reference to Commission. .RT 11 RECORDS AND REPORTS -6.11 Gross Intrastate Operating Revenue Report. -6.14 Records and Reports in Gen -6.15 Location and Preservation of Records. -6.16 Maps and Records. -6.17 Operating Records. -6.18 Records of Interruptions an Commission Notification of Threats to Bulk Power Sup Integrity or Major Interrupt of Service. i-6.185 Electric Utility Procedures Long Term Energy Emerge 5-6.19 Notification of Accidents. 5-6.20 Record of Applications for Service. 5-6.21 Records of Complainis. 5-6.22 Record of Meters and Mete Tests. 5-6.23 Customer Account Records. 5-6.24 Rate of Return Report. 'ART III GENERAL MANAGEMEN EQUIREMENTS !5-6.33 Tariffs. !5-6.34 Standard of Construction. !5-6.35 Adequacy of Supply. !5-6.36 Inspection of Plant. !5-6.37 Extent of System Which Utility Shall Operate and Maintain 25-6.38 Change in Character of Service 25-6.39 Safety. 25-6.40 Grounding of Primary and Secondary Distribution Syst Circuits. 25-6.41 Ground Resistance. 25-6.42 Response to Commission St Inquiries. 25-6.43 Minimum Filing Requirements Commission Designee, 25-6.435 Interim Rate Relief. 25-6.436 Depreciation PART IV GENERAL SERVICE PROVISIONS 25-6.44 Continuity of Service. 25-6.45 Frequency Standards. 25-6.46 Voltage Standards. 25-6.47 Consiant Current Standards 25-6.48 Limiting Connerted Load. 25-6.49 Measuring Customer Servic 25-6.50 Location of Meters. 25-6.51 Rental Charge for Meters. 25-6.02 PUBLIC SERVICE COMMISSION t04 105 ELECTRIC. SERVICE 25-6.04 25-6.52 Test Procedures and Accuracies PART I GENERAL PROVISIONS (3) No deviation from these rules shall be use by, to, or through any other person or entity of Meters. permitted unless authorized in writing by the unless specifically authorized by the Commission. 25-6.53 Requirements As to Use of 25-6.01 Authorization of Rules. The Commission. (3) "Customer's Installation." Wires, Instrument Transformers. statutory power granted to the Florida Public (4) The adoption of these rules shall in no way enclosures, switches, appliances, and other 25-6.54 Laboratory Testing Equipment. Service Commission to establish rules and fix preclude the Commission, upon complaint, upon apparatus, including the service entrance and standards for electric utility service is contained in its own motion, or upon the application of any service equipment, forming the customer's 25-6.55 Portable Standards. Subsection (1) of Section 366.05, Florida Statutes, utility from altering or amending them, in whole facilities utilizing service for any purpose on the 25-6.56 Periodic Meter Tests. which states as follows: or in part, or from requiring any other or customer's side of the point of delivery. 25-6.57 Mcihods of Meter Test. "In the exercise of such jurisdiction, the additional service, equipment, facility or standard, (4) "Meter. "The word "meter, " when used in 25-6.58 Determination of Average Meter Commission shall have power to prescribe fair and or from making such modification with respect to these rules without other qualification, shall be Error. reasonable rates and charges, classifications, thleir application as may be found necessary to construed to mean any device used for the purpose 25-6.59 Meter Test by Request. standards of quality and measurements, and t exceptional conditions. of measuring the service rendered to a customer by 25-6.60 Meter Test - Referee,. (5) The adoption of these rules shall not in any a utility. 25-6.61 Relocation of Poles. service rules and regulations to be observed by MCC 25-6.62 Inspection of Wires and each public utility; to prescribe uniform system way relieve any utility from any of its duties under (5) "Point of Delivery." The first point of and classification of accounts for all public utilities the laws of the State. attachment where the utility's service droli or Equipment. which, among other things, shall set up adequate, Specific Authority 366.05(l) FS. Law Implemented service lateral is connected to the customer's 25-6.63 Temporary Service. fair and reasonable depreciation rates and 366.05(l) FS. ifisiory-New 7-29-69. service entrance conductors either at a riser, in a 25-6.64 Extension of Facilities. charges; to require the riling by each public utility ANNOTA77ONS terminal box, or meter or other enclosure inside or PARTV RULES FOR RESIDENTIAL of periodic reports and all other reasonably Foreign cooperatives outside the building wall. ELECTRIC UNDERGROUND necessary data; to require repairs, improvements, Where Florida rural electric cooperatives enjoyed (6) "Service." The supply by the utility of ENTENSIONS additions, and extensions to plant and equipment power ofeminent domain, foreign cooperative meeting electricity to the customer, including the readiness 11-6.74 Applicability. of any public utility reasonably necessary to F S. A. � 425.27 requirements was also entitled to to serve and availability of electrical energy at the 75 Definitions. promote the convenience and welfare of the public exercise this power in order to construct electrical customer's point of delivery at the standard Rights of Way and Easements. and secure adequate service or facilities for those transmission line over appellants'land, and no abuse Of available voltage and frequency whether or not reasonably entitled thereto; employ and fix the discretion was found in that choici: oflocations, further, utilized by the customer. Installation of Underground since F S. A. J 425.04(4) authorized rural electri .c Distribution System Within compensation for such examiners and technical, cooperatives to serve up to ten percent non-rural a 51 (7) "Service Conductors." The overhead Subdivision. legal, and clerical employees as it deems riccimsary and cooperative had not violated "central staticoa conductors from the last pole or other aerial n" 25-6.78 Sthedule of Charge& to carry out the provisions of this Chapter; to provisioni, 16feign corporation's service to four - support to the point of delivery including the, 2-S-6.79 Connection tp Supply Syiffifi. prescribe all rules and regulation reasonably municipalgies did not depriveit ofits "rural" charact&. splices, if, any, con'necting - he ic' drop, to the t serv e cpea)cd necessary a nd iporcipriiite for the administration Alabama Electric Cooperative, Inc. v. First National service entrance conductors. p, 25-6.80 Advances by Applicant. and enforcement of this Chapter; and to exercise Bank of Akron, Ohio, 684 F. 2d 789 (1 Ith Cir. 1982). (8) "Service Drop." The overhead service 25-6.81 Construction Practices. all judicial powers, issue all writs, and do all Municipal utilities conductors from the last pole or other aerial N 25-6-.82 Records and Reports. things necessary or convenient to the full and While Commission had nojurisdiction to set rates for support to and including the splices, if any, 25-6.83 Special Conditions. complete exercise of its jurisdiction and the municipal utility, it had authority over "rate structure" connecting to the service entrance conductors at PA.RT V1 CUSTOMER REL&TIONS enforcement of its orders and requirements." of all electric utilities in state; city's differential charges the building or other structure. Specific Authority 366.05(l) FS. Law Implemented to customers within and without its corporate limits (9) "Service- Entrance Conductors, 25-6.93 Information to Customers. 366.05(l) FS. History-New 7-29-69. constituted classification system and therefore were Underground System." The service conductors 2S-6.94 Complaints and Service ANNOTATIONS matter of "rate structure" subject to jurisdiction of Requests. Public Service Commission. City of Tallahassee v. between the terminals of the service equipment coo of servsce Mann, 411 So. 2d 162 (1982). and the point of connection of the service lateral. 25-6.95 Initiation of Service. Public Service Commission in setting new electricity (10) "Service Equipment." The customer's 25-6.96 Termination of Service by rate structure did not err merely because it considered State palicy equipment, usually consisting of circuit-breaker Customer. factors other than actual cost ofservice differencm, since Florida citics'claim involving electricity transmission services arose under state "Little FTC Act," Section or switch and fuses, and their accessories, 25-6.97 Customer Deposits. l regulatory statute does not specify (hat particular ected to the supply conductors of a building. 2S-6.98 Interest on Deposits. (Repealed) consideration. international Minerals and Chemical 501.204, FS., so was dismissed without prejudice for conn 25-6.99 Meier Readings. Corporation v. Mayo, 336 So. 2d 548 (1976). reassertion instate proceedings. Federal court refused to (11) "Service Lateral." The underground 25-6.100 Customer Billings. determine state policy by interprcring scope ofregulated conductors between the transformer(s) or 25-6.02 Application and Scope. business exemption to that statute. City ofGainesville v. transformer secondary, including any risers at a 25-6.101 Delinquent Bills. (1) These rules and regulations shall apply to Florida Power & Light Company, 488 F. Supp. 1258 (S- pole or other structure, and the point of delivery. 25-6.102 Conjunctive Billing. all electric public utilities operating under the D. Fla. 1980). (12) "Utility." Unless a different intent clearly 25-6.103 Adjustment of Bills for Meter jurisdiction of the Florida Public Service 25-6.03 Definitions. Unless otherwise appears from the context, the word or words Error. Commission. They are intended to define and defined in Rule 25-6.03 below, Rule 25-6.75 or in "Utility" or "electric utility" as used in these rules 25-6.104 Unauthorized Use of Energy. promote good utility practices and procedures, adopted national codes, pursuant to Rule 25-6.3 shall have the same meaning as set out for "public 25-6.105 Refusal or Discontinuance of adequate and efficient service to the public at the definition of the terms us 41 utility" in� 366.02, F. S., and shall include all such Service by Utility. reasonable costs, and to establish the rights and ed in Chapter 25-6 utilities subject to Commission jurisdiction. 25-6.106 Underbillings and Ovcrbillings of shall be as stated in the IEEE Dictionary of Energy. responsibilities of both the utility and the Electrical and Electronic terms. Specific Authority 366050) FS. La. Implemented customer. (1) "Commission." Unless a different intent 366.05(l) IS. Hisiory-New 7-29-69, Amended PART VII RESERVED (2) In any cast where compfiance with any of clearly appears from the context , the word' 4-13-80. PART Vill RESERVED these rules introduces unusual hardship, or if "Commission" shall be construed to mean the 25-6.04 Reference to Commission. In the PART IX RESIDENTIAL unreasonable difficulty is involved in immediate Florida Public Service Commission. event of any dispute involving the interpretation of CONSERVATIJ&SERVICE (Transferred) compliance with any particular rule, application (2) "Customer." Any person, firm, any of these rules and regulations, any party in may be made to the Commission for modification partnership, company, corporation, association, interest may refcr h the Commission it v mat t Librai re ri I recent decisions in of the rule or for temporary exemption from its governmental agency or similar organization, who. for adjudication. IW.L,. villis, Ben E_ Girima public u ility 1" 1, 389, @393 (Alay I 98on' requirements, provided that the utility shall makes application for and is supplied with electric Specific Authority J 1w Implemented )* submit with such application a full and complete James A. MrGre. la Barj n,,, Ed 7- service by the utility for its ultimate use and not for _366.05(l) FS, Ilistory-Amcrt c -29-69. si atement of reason therefor. 35 1984 ANNUAL SUPPLEMENT 25-6.131 PART IX RATE ADJUSTMENT let shall lit F0&FIC41 14, AS A FCKUlalur 1904 A NN8IJ0) APPLICATIONS assessluclu fee (a)hall 25-4.140 Applicability, Test Year 11411 pay a regulatory aSSetamenj fee in she Aprroval amount of tine-eighth of one Ipproval. operating revenues derived 8r1luirs intrastate (1) deleted business, excluding sales (car resale between Specific Authoraly 350.127(2) FS Implenarnord -164OS(4) fS. Ilostofl- 0k ror public Utilities, municipal electric utilities 3.4.81. Amended 10-15-84 and rural clertric cisopcrativcs or any ANNOTOTATIONS combination thereof. (H) Each municipal clectric utility slid Projected less year rural electric cooperaiivot shall pay a Nothing in decisions of Supreme Court or ant- I s fee in the amount of r. bi regulatory asse sment legislatis r act prohibits use ofprto ted oru ort-sixty-fourth of (ant percent of its gross Gampoisian in setting usithys rairs in order to operating revenues derived front intrastate Ininioni-te regulatew tag Southern 1kil 7 k A2Z fir 4qr .. And lilegrAph Guopn) 4 Mridj Pub d n business, excluding sales for resale between Cninsissian. 44.1 Set 2d W (108 U public utilities, municipal electric utilities and rural cooperativcs or any combination CHAPTER 25-6 thereof. ELECTRIC SERVICE BY ELECTRIC (2) Regulatory assessment fees are due PUBLIC UTILITIES each January 30 for site preceding period or any part of, the period from July I until PART I GENERAL PROVISIONS December 31, and on July 30 fror the rrcccding period or any part (of the period 25-6.01 Authorization of Rules. am January I until June 30. Each ANNOTATIONS company. utility, or cool wative shall have up Territorial di uses to and including the due date in which to: Court afrorn47niblic Service centamissions (a) Remit the total amount of its (cc, of order entitling one power compitip- to provide (b) Remit ark amount which the company. elearic post-tr to projo-i and prohibiting another utility, or cooperative estimates is its full fee. power company from doing so. where no larjual or of equitable distinction existed in fat-or of either (c) Seek and receive from the Commission company. and territoritai dispute was thus properly a 30-daV extension of its due date. resolved in fat or otpris airly owned lilioy;corl diarred he. ith njnjission. aherna like (3) Where the company. itilihir, car ran as that its more extension.it jurisdiction our cooperative remits less than 6 fat (cc pro Ivaicly owned utilities it as additional pursuant to subsection (2)(b) of this rule, the consideration supporriaralpoficy decision in floor remainder of the full (cc shall be due an or Eir Rimer Electric before the 30th day from the due date and PV Inc. r 0iarida Public Service shall. where she amount recomitted was less 42l So. 2d IJ84 (1982). than 90% of the total regulatory assessment PART 11 RECORDS AND RFP0RTS fee, include interest as provided by subsection (5)(b) of this rule. 24q".13 Gross Intrastate Operating (4) Where a company, utility, or Revenue Report. cooperative receives a 30-day extension of its Specific Authority 350.12(2)(m) FS. Lao- due date pursuant to subsection (2)(c) of this Iva kmented 330)212)(m) FS. Hisiao ew rule, then the entity shall rcmita charge in 70774, Repealed 5- 18-8). addition to the regulatory assessment fee, as 25-6.131 Ittiulatory Astanstrocist Fen. set outif 350.113(5) F. S. (1981). tavcstor-owne Electric Companies (5) Ile delinquency of any amount due Municipal Electric Utilities, Ruraj so the Commission from the company. utility, Electric Cooperative. or cooperative pursuant to the provisions of s. 5(l) As applicable and as provided In S. 350-113, F. S. (1981) and this rule, begins 3 0.113, F. S. (1981), each company, utilit with the first day after any date established as Y. the due date either by operation of this rule or or cooperative shall remit to the Commission I fee based upon its gross operating revenue. by an extension pursuant to this rule. except that no fee is required where a (a) A penalty. as set out in s. 350.113, F. company, utility, or cooperative has no S. (1981) shall apply to any such delinquent revenue which is the result of intrastate retail amounts. sales or intrastate provision or services. This (b) Interest at the rate of 12% per annum 107 ELECTRIC SERVICE CE COMMISSION 106 Amended 7-29-69, 2-4-76, 8-21-79, 1-2-80, 11-18-82. cause for interruption, date, time duration, property records in conformity with the plant accounts prescribed in the Uniform System and ANNOTATIONS remedy, and steps taken to prevent recurrence, Classification of Accounts. It shall be compiled on Rural electric cooperatives where applicable. the basis origianl cost (or other book cost Where Florida rural electric cooperatives enjoyed (2) The Commission shall be notified as soon consistent with the provision of the Uniform power of eminent domain, foreign cooperative meeting as practicable of: System and Classification of Accounts). The F. S. A. -425.27 requirements was also entitled to (a) any action to maintain bulk power supply record or records supplemental thereto shall exercise this power in order to construct electrical integrity by: contain such detailed description and transmission line over appellants' land, and no abuse of 1. request to the public to reduce the classification of property record units that will discretion was found in that choice of locations; further, consumption of electricity for emergency firm permit their ready identification and verification. since F. S. A. � 425.04(4) authorized rural electric 2. reducing voltage which affect firm customer load. cooperatives to serve up ten percent non-rural areas, 3. reducing firm customer loads by manual They shall be maintained in such manner as will And cooperative had not violated "central station" switching, operation of automatic load-shedding meet the following basic objectives: provisions, foreign corporation's service to four devices, or any other means except under direct (a) The functional use, description and municipalities did not deprive it of its "rural" character. load management programs as approved by the location of property units in service. Alabama Electric Cooperative, Inc. v. First National Commission. (b) Costs associated with property units to Bank of Akron, Ohio, 684 F 2d 789 (11th Cir. 1982). (b) any loss in service for 15 minutes or more of assure accurate accounting for retirements. 25-6.15 Location and Preservation of bulk electric power supply to aggregate firm (c) The determination of the age, service life or Records. customer loads exceeding 200 megawatts. other data necessary for depreciation studies. (1) All records that a utility is required to keep (c) any bulk power suppy malfunction or (5) Each utility shall furnish to the by reason of these or other rules prescribed by the accident which constitutes an unusual threat to Commission at such time and in such form as the Commission shall be kept at the office or offices of bulk power supply integrity. The utility shall file 9-c 4 Records and Reports in General. Commission may require, the results of any the utility within this state, unless otherwise a complete report with the Commission of steps as provided in Subsection (2), each required tests and summaries of any required taken to resume normal operation or restore electric utility shall maintain its records. Each utility shall also furnish the authorized by the Commission. service and prevent recurrence, where applicable, records in conformity with the Commission with any information concerning its (2) Any utility authorized to keep its records within 30 days of return to normal operation ral Energy Regulatory Commission's facilities or operation which the Commission may outside of the state shall reimburse the unless impracticable in which event the Form Systcm of Accounts for Public Utilities request and require. All such data, unless Commission for the reasonable travel expense of commission may authorize an extension of time. Licenses,as found in the Code of Federal otherwise specified, shall be consistent with and the Commission's representative during any (3) Each utility with interruptible or ilations. Title 18, Subchapter C, Part 101 as reconcilable with its Annual Report to the out-of-state audit. curtailable rate schedules shall provide a report to April-l, 1981. All inquiries relating to Commission. (3) All records shall be preserved in the Commission of customer interruptions and accordance with the Federal Energy Regulatory curtailments for each applicable rate schedule for interpretation of the Uniform System of Accounts (6) Upon direction of the Commission, or in those months when interruptions occur. The report should include the names of the customers shall be submitted to the Commission's Electric the Performance of delegated staff duties, any Commission's regulations, Title 18, Subchapter interrupted or curtailed, the reason for and Gas Department in writing. member of the Commission staff may make at any C, Part 125, Code of Federal Regulations, entitled interrruption or curtailment, the date, time and unbilled base rate revenues, excluding thou base facility, records, accounts, books, reports, and Specific Authority 366.05(l), 350.127(2) FS. Law duration of the interruption or curtailment and rate revenues recoverable through other cost papers of the utility which may appear necessary Implemented 366.05(1) FS. History--Amended amount of load shed. For utilities with optional recovery or adjustment mechanisms. in the discharge of Commission duties. During 7-29-69, 7-19-72, 1-11-76. 9.28-81, 11-18-82. billing provisions which provide for utility to (3) Each utility shall File with the Commission such visits the utility shall provide the staff 25-6.16 Maps and Records. purchase power from another utiltiy and supply it annual reports on forms prescribed by the member(s) with adequate and comfortable (1) Each utility shall keep and, upon request, directly to the interrupted or curtailed customer, Commission. These reports shall be verified by a working and filing space, consistent with provide the Commission with an adequate the utility shall provide a report to the responsible accounting officer of the utility prevailing conditions and climate and comparable description or maps defining the territory it serves. Commission indicating the name of the customer, making the report and shall be due on or before with the accommodations provided the company's (2) Each utility shall maintain primary maps, the source, date, time, and amount of purchase in March 31 for the preceding calendar year. Ile outside auditors. records, diagrams or drawings showing 'the megawatt hours and cost per megawatt hour for utility shall also file with the original and each (7) The Commission has prescribed the location of its major units of operating property. those months when purchases are made under the copy of the annual report form, or separately Federal Energy Regulatory Commission's Specific Authority 366.05(l) FS. Law Implemented optional billing provision. Reports of customer within 30 days, a letter or report attesting to the Uniform System of Accounts for Public Utilities 366-05(t) FS. History--Amended 7-29-69. interruptions of curtailments are not required conformity, in all material respects, of the and Licensees, as found in the Code of Federal 25-6.17 Operating Records. As required by when done under direct load management schedules listed on the general instruction page of Regulations, Title 18, Subchapter C, Part 101 as the Commission, each utility shall keep programs as approved by the Commission. the appropriate Federal Energy Regulatory revised, April 1, 1981, to be used by Rural Electric appropriate operating records and such other Specific Authority 366.05(1) FS. Law Implemented Commission annual report form supplied by the Cooperative and Municipal Electric Utilities details of plant operation as may be necessary to 366.03 FS. History--Amended 7-29-69, 4-13-80. Commission, with the Commission's applicable operating within the State. All inquiries relating substantially reproduce its operations for use in 25-6.185 Electric Utility Procedures for uniform system of accounts (statement to interpretations of the Uniform System of statistical and analytical studies for regulatory Long-Term Energy Emergencies. certification includes applicable notes) and Accounts shall be submitted to the Commission's (1) The Commission has reviewed the Florida purposes. Electric Power Coordinating Group's Emergency published accounting releases. The letter or report Electric and Gas Department in writing. Specific Authority 366.05(l) FS. Law implemented Procedure for Long-Term Energy Emergencies, of attestment shall be signed by an independent (8) Each investor-owned electric utility, Rural 366.05(10) FS. History--New 7-29-69. Fuel Supply Shortage Plan dated August 3, 1981 certified public accountant or an independent Electric Cooperative and Municipal Electric and adopts said plan, as below, as the licensed public accountant. The Filing date can be Utility shall File with the Commission its chart of 25-6.18 Records of Interruptions Fuel Supply Shortage of the Florida extended only by written permission of the accounts as of the effective date of this rule Commission Notification of Threats to Bulk Electrical Emergency Plan, under Commission. Authorization for the correction of showing compliance with the Uniform System Power Supply Integrity or Major Section 377.703, Florida Statutes. inquiries by the Commission staff Commission, and shall also periodically file (1) Each utility shall keep a record of all major shall be furnis writing within fifteen days revisions of said chart of accounts. and/or prolonged interruptions to service from the date of the Commission's letter. Specific Authority 366.05(l), 350.127(2) FS Law affecting an entire community or a substantial (4) Each utility shall maintain continuing Implemented 366.04(2)(a), 366.05(1) FS. History- portion of a community. Such record shall show PUBLIC SERVICE COMMISSION 108 109 ELECTRIC SERVICE 5-6.185 (2) (a) By December 1, 1982, each electric subject to the Commission's jurisdiction under notify the Florida Public Service Commission and (h) On page 19, & tile following paragraph is utility in Florida shall develop and submit to the 377-703 F. S., agree to have perform the functions request the initiation 4 a Fuel Supply Alert. The substituted for paragraph (a) under thr heading C-Mission a long-term energy emergency plan outlined in this rule or plan. initiation of a Fucl Supply Alert by the "2. Fuel Supply Emergency Actions": for fuel shortages. Each utility's plan shall be (4) The Florida Electric Power Coordinating Commission will trigger the actions indicated (a) PIC shall transmit the previously apprmed consistent with the requirements of the Fuel Groups Emergency Procedure for Long Term below. notification, as expeditiously as p(assible. it) tile Supply Shortage Element of the Florida Electrical Energy Emergencies, Fuel Supply Shortage Plan (d) On page 8, the following paragraphs 4, 5, chief operating officer, energy einergeno. Emergency Contingency Plan. Thc plans shall dated August 3, 1981 is amended as follows: and 6 are substitute([ for paragraphs 4, 5, and 6 of executive or the appropriate designec of ea, h also provide for the full reimbursement by an (a) On page 3, the following definition is the plan: participating utility. cled iric utility receiving energy or fuel during an substituted for the definition in (he Plan: 4. TAG will request that the data be milected (i) On page 20, the following paragraphs (c) energy emergency. Full reimbursement shall be 11. DEFINITION and that the remaining days of fuel supply, and (e) are substituted for the paragraphs (c) and all of the supplying utility's cost of replacing such An electric energy emergency exists when expressed in terms of Days Burn, for Florida be (c) in the plan: energy or fuel with the same or alternate fuel or Florida has inadequate energy generating calculated by the procedures detailed in Appendix (c) PIC will notify the Florida wire servi(es as energy. capability by reason of a fuel supply shortage and C, "Determination of Remaining Fuel Supply." soon as possible after initiation of the emergency (b) At the time the utility submits its plan to is thereby prevented from operating at required 5. The FCG Staff will calculate and publish and shall prepare the appropriate press releases the Commission, it shall also provide a copy of the levels to supply its energy obligations. An energy the Days Burn for Florida. and status reports on the Florida situation plan to (he Florida Electric Power Coordinating emergency differs from a shorl-term capacity 6. TAG will advise the Executive Committee throughout the duration of the emergency. PIC Group (FCG). Ile Florida Electric Power emergency in that energy requirements cannot be and the Commission regarding the status of the shall coordinate all appeals for reduction of Coordinating Group will assess each utility's plan met over an extended period. The period of Florida fuel supply situation. consumption and conservation coinciding with the for conspatability with the Fuel Supply Shortage advance warning and expected duration of an (c) On page 9, the following paragraphs A, B Fuel Supply Emergency actions contained in Element of the Florida Electrical Emergency . energy emergency is usually measured in terms of and C are Substituted for paragraphs A, B, and C Section VI of this plan. Issuance of any Contingency Plan. weeks or months, as opposed to minutes or hours of the Plan: information by PIC shall be at the direction of 'ne Commission shall review and may for a short-term capacity deficiency. A. DESIGNATION TAG and uniformly administered throughout -@ct each utility's plan. In so doing, (b) On page 4, the following paragraph is Following the designation of a Fuel Supply Florida by the individual participants. in may rely upon the FCG for substituted for the last paragraph on page 4: Alert, the remaining days of fuel supply (Days (e) TAG will establish a liaison with the At 44,1- c and assistance in assewing the The Fuel Supply Shortage Plan is oriented Burn) will be determined and the FCG Executive appropriate emergency organization of other compatability with the Fuel Supply toward energy emergencies caused by a fuel Committee, upon advice from TAG, may request generating utilities contiguous to Florida. @agc Element of the Florida Electrical supply shortage. As such, the actions specified that the Governor of the State of Florida declare a 0) On page 21, the following paragraph (c) is rgency Contingency Plan. The Commission herein are primarily oriented toward those to be Fuel Supply Emergency in Florida pursuant to � substituted for the paragraph (c) in the plan: review each utility's plan with regard to taken by the generating utilities in Peninsular 377.703, F. S. or other appropriate statutory (c) Ile FCG staff will calculate the remaining ' i days of fuel supply, expressed in terms of Days wi.. ier it adequately; Florida. Peninsular Florida is defined as the area authority. a. Identifies specific actions to be taken by the cast of the Apalachicola River. The emergency B. RESPONSIBILITY Burn, for Florida. The Days Burn for Florida 0.,utility upon the Governor's declaration of a fuel plans and procedures of utilities receiving partial Upon the declaration of a Fuel Supply shall be the weighted average, based on energy supply emergency; or full requirements service are concomitant with mergency by the Governor, the Technical source requirement, of the individual b. Addresses interchange of energy and the those of their wholesale suppliers and shall be Advisory Group will assume emergency participants' Days Burn. physical sharing of fuel stocks or fuel deliveries or coordinated and be consistent with the suppliers' responsibility for coordinating the initiation and (k) On page 22, the following sentence is both; and individual utility plans. The actions of other *.rmination of all Fuel Supply Emergency substituted for the first sentence under the heading c. Sets priorities for customer intesiruptions. generating utilities outside of peninsular Florida, actions, monitoring of the fuel supply situation "2. Fuel Supply Emergency Action" in the Plan. d Establishes objective criteria for notifying such as Gulf Power Company, will be coordi natcd and continuing apprisal of the appropriate Upon the initiation of a Fuel Supply the Chairman of the FCG Technical Advisory through liaison with appropriate emergency governmental agencies (see Appendix D, "Energy Emergency, the following actions shall be taken, Gioup of the existence of a long-term energy personnel. Gulf Power Company, while operating Management and Allocation Procedures"). at the direction of TAG. emergency on the system of the utility. under its own plan as a result of its geographical C. ACTIONS (1) On page 22, the following paragraph (d) is 2. In reviewing individual utility plans of location in the State and its interconnections to the Upon the declaration of a Fuel Supply substituted for the paragraph (d) in the Plan. electric utilities serving areas west of the Southern Electric System, will coordinate its Emergency by the Governor, all participating (d) The FCC Staff, or in their absence the Apalachicola River, whose electric facilities and activities and participate where feasible and utiliti;ts shall take the actions indicated in the Energy Emergency Operation Task Force, will emergency I contingency plans arc coordinated practical with the Fuel Supply Shortage Plan. lollowing steps as deemed to be appropriate by continue to calculate the Days Burn for Florida in with utilities outside of Florida, the Commission (c) On page 7, the following paragraph A is TAG: the manner previously described. This may take into account such special considerations substituted for paragraph A; (f) On page 10, the following paragraph 2 information will be provided to TAG. as may be just and reasonable in light of such A. DESIGNATION under Step A is substituted for the paragraph 2 in (in) On page 26, the following paragraphs (d) utilities' geographical location and A long-term utility energy emergency exists the plan: and (c) are substituted for the paragraphs (d) and interconnections with utilities outside of Florida. when the fuel supplies of an individual electric 2. Implement energy source conservation (e) in the Plan: 3. Plans not approved by the Commission shall utility arc decreasing or are anticipated to decrease measures throughout Florida so as to minimize (d) Begin review of the daily reports to be revised and resubmitted to the Commission below a level adequate to provide for continuous, the generation of electricity from the fuel in short establish a trend of fuel usage to serve the Florida pursuant to Commission order and within the uninterrupted service to its customers. If such a supply considering economic constraints. Insofar load. time specified in the order. long-term energy emergency exists on the system as practical, optimum usage will be made of (c) Recommended changes in generation and (d) Upon aporoval of an individual utility's of the utility; if that individual utility's plan available purchased energy. interchange as necessary to optimize fuel use with plan, such plan shall be incorporated as a includes the elements as prescribed by Section IV; (g) On page 19, the following paragraph is due consideration for the economical operation of supplement to the Fuel Supply Shortage Element and if implementation of these actions has been or substituted for the first paragraph under the Florida's generation resources. of the Florida Electrical Emergency Contingency is anticipated to be inadequate to mitigate the heading "I. Fuel Supply Alert Actions": (n) On page 27, the following paragraph (5) is Plan. energy emergency on its system, then the utility Upon the initiation of a Fuel Supply Alert, the substituted for paragraph (5) of the Plan: (3) Where the plan or this rule refers to the will notify the Chairman of the FCG Technical FCG Public Information Committee (PIC) shall (5) Utilize generation sources to minimize use Florida Electric Power Coordinating Group Advisory Group (TAG) of this impending prepare a, uniform notification for use by all of fuel in short supply with due consideration for (FCG), or any committee, group or individual emergency. The Chairman of TAG, after participating utilities. Theformand content ofthe the economic operation of Florida's generation that is a part of FCG, the reference rneans FCG or consultation with and concurrence by the notification shall be approved, prior to issuance, resources. part thereof, or any other entity which the utilities Chairman of the FCG Executive Committee, will by the Technical Advisory Group. Specific Authority 350.127(2). 366.05(1) FS Law 25-6.24 PUBLIC SERVICE COMMISSION 110 111 ELECTRIC SERVICE Implementd 366.04(3), 377.703 FS. History--New identification of the person making the test. The (c) Required rates of return (low, midpoint, same, shall be effective until filed with and 6-28.82 completion of each test will signify the "as left" high) calculated in Accordance with Section approved by the Commission as provided by Law. 25-6.19 Notification of Accidents. accuracy falls within the required limits specified 366.071 (5)(b)(2), F. S., for the twelve month (5) A copy of the rules contained herein, as (1) As soon as practicable, each utility shall in Rule 25.-6.52, unless the meter is to be retired. period ended with the month, being reported. promulgated and adopted by the Commission, also (2) Each utility shall keep a record for each a copy of the rate schedules and rules and notify the Commission of any accident occurring unit of metering equipment showing the date the (2) Requests for extensions of time in which to regulations of the utility as filed with the in connection with any part of the electrical system fule must be submitted in writing to the Commission, shall be kept on file in the local which: unit was purchased, if available; the utility's Commission prior to the due date for the data. commercial offices of the utility for inspection by (a) Involves death or injury requiring identification; associated equipment; essential Specific Authority 350.127(2)FS. Law Implemented its customers. A customer shall, upon request be hospitalization of non-utility persons or, name plate data; date of test; results of "as found" 350.117(1), 366.04(2), 366.05(1) F.S.--History--New furnishied a copy of the rate schedule applicable to test and location where installed with date of 11-18-82. his service. (b) Is significant from a safety standpoint in Specific Authority 366.05(1) FS. Law Implemented the judgement of the utility even though it is not installation. 366.06 FS. History--Amended 7-29-69. (3) Each utility shall maintain its meter test PART III GENERAL MANAGEMENT ANNOTATIONS required by (a). Discriminatory effect (2) Each utility shall report to the Commission records in such a manner that the following REQUIREMENTS Holding company in class action suit against utilities within 30 days of any malfunctin of or accident information is readily available to the Commission 25-6.33 Tariffs. commission and county failed to establish that involving any part of the electrical system, fire, or commission's inclusion of "in liew of tax" payments to on request: (1) Each utility may adopt such additional county as operating expense was arbitrary or explosion, that: (a) The time elapsed between meter tests. non-discriminatory rules and regulations unreasonable, failure to make such payments would (a) Involves damage to the property of others (b) The type at meter, such as single-phase or governing its relations with customers as are have effect of discriminating against county taxpayers, for an amount in excess of $5000, or, polyphase watt-hour meter. necessary and which are not inconsistent with who would presumably have to pay through higher taxes (b) Causes significant damage, in the judgment (c) The number of meters which the full load these rules or orders of the Commission. Such for free services received by utility. Rosalind Holding tility, to the Utility's facilities. "as found" tests indicate falls within each of the rules and regulations shall constitute an integral Company v. Orlando Utilities Commission, App. (5th) -ports are not required with respect to following accuracy classifications: part of the utility's tariffs and shall be filed with 402 so 2d 1209 (1981). ;ory, death, or property damage 1. Under 98.0% them. Effective date vehicular equipment striking poles 2. 98.0% to 102.0% (2) Each utility shall file with the Commission Commission followed law regarding prospective Ably property. 3. Over 102.0% tariffs containing schedules for all rates and ratemaking when it ordered power company to begin wity 366.05(l) FS. Law Implemented (d) For those meters tested under an approved charges and copies of (all rules and regulations billing under new rates on meter readings taken 30 days statistical sampling plan, provision (c) shall be governing the relation of customer and utility. after effective date of new rates, which was date when F.S History--New 7-29-69, Amended maintained by type or age groups. issues were decided and official vote taken, rather than Specific Authority 366.05(1) FS. Law Implemented (a) Each utility shall include in its tarriffs date when written order was issued. Gulf Power without limiting them to the following provisions: Company v. Cresse, 410 so. 2d 492 (1982). 25-6.20 Record of Applications for Service. 366.05(1) FS. History--Amended. 7-29-69. Hearings 1. Definitions of classes of customers. Public Service Commission deprived intervenors of Each utility shall accept and keep a record of each due process where it notified them of grant of application for service within its service area. The 25-6.23 Customer Account Records. previously-withheld interim rate increase to electric 2. Rules with which prospective customers company, promising full hearing and then denying record shall show the name and address of the (1) Each utility shall keep a record of tacit must comply as a condition of receiving service, public counsel adequate opportunity to cross-examine applicant, date of application, date-service is customer's account in such manner as will permit and the terms of contracts required. and present new evidence. Where public counsel desired and, in those instances where service is not reproduction of the customer's bill for any billing 3. Rules governing the establishment of credit intervene, court said, Commission must develop initiated promptly, the reason for the delay. Such period occurring with the period required to by customers for Payment of service bills. adequate record to show competent and substantial records shall be preserved until service is made comply with Rule 25-6.15(2). 4. Rules governing deposits and interest evidence of reasonalbeness of increase. Case was available or as otherwise provided under Rule (2) Each utility having on hand deposits front. disconnecting and reconnecting service. remanded, with no refund of increase to public. Citizens 25.6.15(2), customers shall keep records to thaw: 5. Rules governing the procedure followed in of Florida v. Mayo, 333 So. 2d (1976). Specific Authority 366.05(l) Fs. Law Implemented (a) The name of each customer making such disconnecting and reconnecting service. Rate of return 366-05(1) FS. History--New 7-29-69. deposit. 6. Notice by customer required for having State supreme court upheld grant by Public Service (b) The service premises (or which the deposit service discontinued. Commission of interim rate increase to electric company, 25-6.21 Records of Complaints. Each utility is appicable. 7. Rules governing temporary, emergency, where substantial and competent evidence showed shall keep a record of all written complaints (c) The amount and date of making such auxiliary or stand-by service. company's rate of return at time of grant was received. The record shall show the name and deposit, 8. Rules covering billing periods. substantially lower than las authorized minimum fair address of the complainant, the date received, the (d) A record of the latest transaction 9. Rules covering customer's construction rate, with resultant danger to company's financial nature of the complaint, the result of any concerning such deposit, and all transactions with requirements. integrity. Citizens of Florida v. Mayo, 335 so. 2d 809 investigation, the disposition of the complaint and the period to comply with Rule 25-6.15(2). 10. Rules, covering a special type of (1976). the date of such disposition. Cf. Rule No. Specific Authority 366.05(1) FS. Law Implemented construction commonly requested by customers True-up proceedings 310.6.61(1) for the definition of "complaint" for 366.D5(1) FS. History-New 7-29-69. which the utility allows to be connected and terms Where power company appealed Commission's Specific Authority 366.05(1) FS. Law Implemented 25-6.24 Rate of Return Report. denial of its petition for authority to recover excess 366.05(l) FS. History--New 7-29-69. (1) Each electric utility shall rile the following This applies, for example, to a case where a expenses to shutdown of company's nuclea rate of return data within 45 days after the end of customer desires underground service in overhead power plant, court concluded that facts concernin 25-6.22 Record of Meters and Meter Tests. each month: territory. company's prior troubles with heat pump, its recognitio (1) A test record shall be made whenever a unit (a) Actual (per book) rate of return computed 11. Rules covering such portion of service of necessity of having spare pump on hand and failure of metering equipment is tested, but need not be which the utility furnished, owns, and maintains procure spare were sufficient to support Commissic on a jurisdictional average rate base for the finding of company's mismanagement, which justifu retained after the equipment is again tested. The twelve-month period ended with the month being 12. Rules covering inspection of withholding recovery of incurred due record shall show information to identify the unit reported, customer-owned facilities by proper authorities failure to have on hand. Flori and its location; equipment with which the unit is (b) An adjusted (pro forma including before service is rendered. Power Corporation v. 413 so. 2d 187 (198 associated; the date of test; reason for the test; annualized rate increases/decreases) rate of (3) All tariff filings shall be in the manner and Requirement that utitlies demonsir readings before and after the test; if the meter return computed on a jurisdictional year end rate form as prescribed by the Commission under reasonableness of their fuel costs was neither impro creeps, a as to the rate of creeping; a base for the twelve-motnh period ended with the separate Order entitled "Rules and Regulation Governing the Construction and Filing of Tariffs statement found" accuracy; indications month being reported. The adjustments shall be showing that an required red checks have been made; consistent with those made in the utility's most by Public Utilities." of repairs made, if any; and recently completed rate proceeding. (4) No rules and regulations, or schedules of rates or charges, or modifications or revisions of the 25-6.42 PUBI,1C SERVICE COMMISSION 112 113 ELECTRIC SERVICE 25-6.43 service or other complainis received by the price the utility would be required to pay for tile nor unusual, and C,,mmission did rim err in placing the Commission. CommiSSiOn shall be furnished in writing within property. burden on nuctrar P(1wef c""IlKiny U, show that excrss Spr(ific Authority .36605(l) FS. Law Imple"frilled fifteen (15) working days from the date of a h. Indicate which items arc included in rate costs incurred were ream,nable and were no, fault of 366,05(l) FS ilislory-,'Vew, 7-29-69. Amended managetntni, where data provided showed that 4-13-80 Commission inquiry where practicable. base. company's tuel costs were significantly higher due to Specific Authority .36 .o.05(l) ES. Law Implemenled 7. Schedule 7 - A schedule showing, b@ incident, res1wrisibiMy for which was in dispute; simple 25-6.38 Change in Character of Service. If 366.05(l) FS. Histur.k--New 4-13-80. month, construction work in progress segregated production actist records and documentation could not any changes are made by the utility in its existing 23-6.43 Minimum Filing Requirements; by items on which Allowance for Funds Used qatisfy requirrinenis imposed on utility in true-up service characteristics which would impair the Commission Designee. During Construction (AFUDC) was charged and procceding. Id. safe, efficient utilization of energy by the customer's equipment, the utility shall bear the (1) Each electric utility filing a petition for on which no AFUDC was charged, for the 25-6.34 Standard of Construction. cost of all changes necessary to adapt the general rate relief shall File with the Commission, 13-month period ending with the last month of the (1) The facilities of the utility shall be test year. The schedule shall include a description constructed, imialled, maintained and operated in customer's equipment to the new service aniaccordance with sample forms and instructions of the company's policy as to which jobs received accordance with generally accepted engineering conditions so that such equipment will perform to supplied by the Commission, the data listed below AFUDC, together with the calculations the same degree of effectiveness as theretofore for a historic test year or as indicated, before that practices to assure, as far as is reasonably possible' petition is deemed to be complete, 9 supporting the derivation of the AFUDC rates unless such change is necessitated by a change in Where priumsainry us @rninuity of service and uniformity in the quality 8. Schedule 8 - Calculation of working the customer's requirements. apcrcojoeucniteddadtaataisbraesqcduiroendfaunndctitohnealutailcictoyu'nts, the ed during the test year. ;cc furnished. Sperifir Authority 366.05(l) FS. La- implemented utility shall specify the method it used in capital allowances using a balance sheet method (:4)mmission has reviewed the 366.03 FS. Ilistory-Arnendcd 7.29-69, and any other method proposed by the company in developing the primary accounts from the Na(ional Standard Code for Electricity determining working capital allowances. wh edition, ANSI C-12, 1975, and the 25-6.39 Safety. Each utility shall establish functional accounts. 9. Schedule 9 - Calculation of any additional National Standard Requirements, safe work practices. These safe work practices will (a) Accounting and engineering data - effect the safety of the employees, the utility, and 1. Schedule I - Financial statements and rate base components not provided for the above Ininology and Test Code for Instrument the general public. These safe work practices shall reports of independent Certified Public schedules. -isformers, ANSI-57.13, and has found them be designed er general information relative Accountants for the two most recent calendar year 10. Schedule 10 - Net Operating Income tu untain reasonable standardsofgood practice. A to cov (NOI) reflected on the books of the utility for the utility that is in compliance with the applicable to the safety for all employees and the periods. test year and NOI as adjusted using the provisions of these publications, and any fundamental safe requirements for the various 2. Schedule 2 - The average rate base adjustments listed in Schedule II ,ariations approved by the Commission, shall be classifications of work encountered in the reflected on the books of the utility for the operations of the utility. They shall also include 13-monthpcriodendingwiththelastm nthofthe 11. Schedule 11 - Listing and detailed deemed by tile Commission to have facilities 0 description of annualization and pro forma constructed and installed in accordance with instruction in accepted methods of artificial test year, both including and excluding adjustments made to the per books test year net generally accepted engineering Practices. respiration for all employees subject to the hazards adjustments described in Schedule 3, and achieved operating income (NOI) of the utility, giving the Specific Authority 350-127(2), 366.05(l) FS. La- of electrical shock or drowning. and adjusted rate of return, g,Anplemcnied 366-050) FS. His'ary-Amended Specific Authority 366.05(l) FS. Law I-Pictnemed 3. Schedule 3 - Listing of all adjustments to total amount of each adjustment NOI effect, the dcd 7-29-69. test year 13-month average rate base arrived revenue effect of each adjustment, jurisdictional 29-69, 12-20-82. 366.05(l) FS. Hisiory-Amen atin rtion calculated on an individual basis, and the @4 25-6 35 Adequacy of Supply. The 25-6.40 Grounding of Primary and Schedule 2, showing the total amount of each Po I revenue effect of all adjustments. The listing @b cuits. adjusiment,jurisdictional portion calculated on an tota generating capacity of the utility's plant. Secondary Distribution System Cir supplemented by the electric power regularly (1) Unless otherwise specified by the individual basis, revenue effects of each and the shall indicate which of the above adjustments were available from other sources, must be sufficiently Commission, each utility shall effectively ground total of each such adjustments. The listing shall made in the company's last full revenue large to meet all reasonable demands for service the neutrals of all its multigrounded distribution indicate which adjustments were mad, in requirement case. and provide a reasonable reserve for emergencies. circuits so as to render them reasonably safe to company's last full revenue requirement case. 12. Schedule 12 - A calculation of the total Specific Authority 366.05(l) FS. Law Implemented person and property. Conformance with the 4. Schedule 4 - Schedule showing monthly retail sales over or under recovery of fuel costs for 366.03 FS. History-New 7-29-69. applicable provisions in the publications listed in plant balances by primary accounts for the the current test year, including a schedule Rule 25-6.34(2) shall be deemed by the 13-month period endingwith thelastmonth ofthe detailing, by the month, the recoverable and 25-6.36 Inspection of Plant. Each utility Commission that the system is grounded so as to be test year. nOn-recoverable portion of fuel and purchased shall adopt a program of inspection of its electric reasonably safe to person and property. 5. Schedule 5 - Schedule showing monthly power expenses since and including the test year plant in order to determine the necessity for (2) Each utility shall establish a program of depreciation reserved balances by primary approved by the Commission in the utility's last replacement and repair. The frequency of the inspection to insure that its artificial grounds are accounts for the 13-month period ending with the rate case, using the appropriate subaccounts as various inspection shall be based on the utility's specified in Electric and Gas Department experience and accepted good practice. Each in good mechanical condition. last month of the test year. Spccific Authority 366.050) FS. Law Implemented 6. Schedule 6 - Schedule showing, by month, Accounting Bulletin 80-1. utilityshalikeepsufficicntrecordstogiveevidence 366.05(l) FS. History-New 7-29-69, Amended property held for future use by items and amounts 13. Schedule 13 - Detail of revenues and of compliance with its inspection program. 4-13-80. for the 13-month period ending with the last expenses by month by primary accounts as Succific Authority 366.05(l) FS. Law Implemenled prescribed by the Commission for the test year, 366.05(l), 366.08 FS. History-New 7-29-69. 25-6.41 Ground Resistance. There shall be a month of the test year and the average monthly inimurnof one made electrode in each quarter amount during that period, together with: except that fuel Costs recoverable pursuant to the 25-6.37 Extent of System Which Utility in mile of primary and/or secondary a. Date of acquisition or anticipated date of fuel adjustment clause shall be listed by Shall Operate and Maintain. Each utility, unless (1/4) acquisition. subaccounts as specified in Electric and Gas specifically relieved in any case by the distribution circuit that shall, when practicable, b. Brief description of location unless Department Accounting Bulletin 80-1. Commission from such obligations, shall operate have a resistance to ground not to exceed 25 ohms. disclosure of this information could increase the 14. Schedule 14 - Itemization of revenues and maintain in safe, efficient, and proper Where this resistance is not below 25 ohms, price the utility would be required to pay for the reported pursuant to Rule 25-17.15 and expenses condition, pursuant to the standards referenced additional sections shall be added to the rod, or a property. incurred pursuant to the Commission-prescribed hcrcin, all of the facilities and equipment used in second electrode shall be connected in parallel to c. Reason for purchase, i.e., intended use. conservation goals. connection with the production, transmission, the first electrode. d. Expenditures as of end of test year, 15. Schedule 15 - Rate base and net distribution, regulation, and delivery of electricity Sperific Authority 366.05(l) FS. Law Implemented c. Date construction is to commcnce. operating income (NOI) date from Schedule 2 and to any customer up to the point of delivery. The 366.05(l) FS. History-New 4-13-80. f. Date to be placed in service. 10 separated into jurisdictional and utility is also responsible for the safe, efficient 25-6.42 Response to Commission Staff g. Indicate current use of prop unless non-jurisdictional components using the measurement of electrical consumption consistent Inquiries. Tile necessary replies to inquiries disclosure of this information could ierctrease the allocation method used in the utility's last filed with test procedures and accuracies prescribed by propounded by the Commission's staff concerning wholesale rate case before the Federal Energy 23-6.43 PUBLIC SERVICE COMMISSION 114 115 ELECTRIC SERVICE 25-fi.43 Regulatory Commission. A utility which has no will make available to the Commission's staff classification. the date of filing indicating the date, day of the wholesale customers shall File a statement that it upon request: 3. Schedule showing revenue calculation of week, and time of the day during whi(h the prak has no wholesale customers in lieu of filing this - a. The most recent federal income tax return present and proposed rates. Indicate for all rates occurred. schedule. filed. the reasons for changes in terms anti conditions. 9. Schedule showing energy, losses by rate 16. Schedule 16 - Rate base and net b. The most recent state income tax return 4. Proposed tariff sheets highlighting on those schedule. operating income (NOI) data from Schedules 2 filed. sheets the proposed changes in all rates, terms and 10. Schedule showing cost justification for all and 10 separated into jurisdictional and c. The most recent final Internal Revenue conditions. In addition, provide a brief summary present and Proposed rate adjustments. non-jurisdictional components using the Service revenue agents report. allocation factors as prescribed in d. The most recent Florida Department of of the reasons for each of these changes. I I. A monthly bill comparison of present and sub-sub-sub-paragraph (1)(b)5.b.l. of this rule. Revenue Final Income Tax Audit Report. S. Provide a ful I y -allocated class cost of service proposed charges for each rate schedule with and fuel adjustment. For demand study under present and proposed rates. This without the current load factor. The monthly 17. Schedule 17 - List all adjustments 26. Schedule 26 - Most recent F.E.R.C. final stycly shall include rate of return by class and load metered customers, use allowed in the company's last full revenue compliance report audit. requirement ease which are not included in either 27. Schedule 27 - Tax and book treatment of research studies used in the cost allocation. The bill comparison shall also be made for 50%, 60%, Schedules 3 or 11, together with an explanation gain or loss reacquired bonds. cost of service study shall include the following: 65%, 70%, 80% and 90% of the requested rate a. Identify customer, energy and demand increase. for not including the adjustments. 28. Schedule 28 - A schedule for each of the components for each class of service in the fully 12. Copies of all outstanding contracts that the H. Schedule 18 - Calculation of the revenue accumulated deferred income tax accounts allocated cost of service study. company may have relating to sales of energy at ::ion factor for the test year. (Account Nos. 190, 281, 282, and 283) showing b. Allocated Demand Component: rates or containing conditions different from those Schedule 19 - Calculation of the revenue monthly balances for the period beginning with (1) Production and transmission separated into in the approved tariff. Provide justification for .,:icncy or excess requested in the company's 'he first month of the test year and ending with the jurisdictional amounts using the average of the serving these customers at rates different from nition. last month of the test year or, if a projected test 12-month peaks method and average of the those in the approved tariff. 20. Schedule 20 -Year-end cost of capital for year is used, monthly balances for the 12-month 12-month peak and average method. 13. For each interruptible or curtailable the test year. Segregate by classes including period ending with the month immediately (A) Allocate retail amount to rate classes based customer, indicate for each service interruption or cost-frce capital exclusive of 4% and 10% job preceding the month of riling. on the average of twelve monthly peaks. curtailment the date, time and duration. In each development credits if the company is using 29. Schedule 29 - Analysis of accumulated (B) Also provide the requested information instance where energy is wheeled from another Option No. 2 treatment pursuant to Section 46(f), investment tax credits, by month, showing allocating retail amount to rate classes based on utility in lieu of interruption or curtailment, ln't-_-rnal Reveque Code. This schedule shall beginning balance investment tax credits the total of the twelve monthly peaks and the indicate the date, time and duration. Also indicate inciude a description of each class of capital, the generated and amortization of investment tax dollar amount of each cla Iss, total capiLa.li.zation, credits for the period beginning with the first average demand. Company policy as to when customers are Jher' per-Antagt'@ ratio of'@, each, class, to toml month of,the test year and ending with the last (II) Distribution, use non-coincident peak interrupted or curtailed and what action is taken if .0 method. .`ck' talization,th'ccbstofea@fi'cl;issof6pitaI " n4d., "M"Ontli 4,1he test year or, if. a projectech test year4 -@'l " " customers refuse - to, voluntaril pi a 'CO, I . y irkkerr4pt the weighted average cost of each class and in total. used, monthly balances for the 12-month period c. Allocated Energy mponent -.Bhsed o@ curtail. This data shall be provided for the . period 21. Schedule 21 - The average cost of capital ending with the month immediately preceding the the MWH sales adjusted for losses. Of time beginning with the c Iompany's last rate for the 13-month period ending with the last month of filing. Amounts required under the d- Allocated Customer Component increase. W14 month of the test year. Segregate by classes Revenue Act of 197 1, and subsequent acts shall be Allocation shall be based on actual of weighted 14. -An analysis of monthly fuel revenues and including cost-free capital exclusive of 4% and shown separately from amounts required under number of customers. The utility may provide expenses by rate classes for the 18-month period 10% job development credit if the company is prior law. Describe the election made under additional cost studies allocating costs on some ending with the last month of the test year. This using Option No. 2 treatment pursuant to section Section 46(f), Internal Revenue Code. other basis which the utility feels is -ore analysis shall include, by month, the total fuel cost, 46(f), Internal Revenue Code. This schedule shall (b) Rate structure and billing data - appropriate for its particular system. the total retail KWH sales, total revenue collected include a description of each class of capital, the 1. Bill frequency analysis by rate schedule e. A copy of the cost of service study shall be from base fuel cost, the amount needed to recover dollar amount of each class, total capitalization, classification for the test year complete with provided to an intervenor only if the intervenor total fuel expense, the fuel adjustment factor, and the percentage ratio of each class to total consolidated factor as well as a summary which requests a copy. total revenues collected from fuel adjustment. capitalization, the cost of each class of capital, and will illustrate the transition from the frequency 6. Provide a study developing the minimum 15. Schedule showing, by month, for the the weighted averagccost ofeach class and in total. analysis to revenues from both present and cost to provide ongoing service to customers on 13-month period ending with the last month of the 22. Schedule 22 - A reconciliation of the proposed schedules. For schedules with separate each rate schedule classification. Indicate which test year, the number of customers served by rate amount of cost-free capital requested and the charges for demand, a bill frequency analysis shall Cost Categories are included. schedule classification. Indicate totals for each amount of such capital allowed the utility in its last be provided for the customer and energy charges. 7. By rate schedule for those rates for which a month and the average for the test year. If a rate case. The types of cost free capital, Lny Additional information shall be provided to relate connection charge is applicable, provide a study projected test year is used, the company may a developing the cost of: submit a schedule showing the average number of additions to or subtractions from that amount, and demand charges and any other charges or credits the amount of such capital in the present riling to the base rate revenue for the test year for each a. Connecting initial service at a location. customers served by rate schedule classification for shall be shown. rate schedule. The information in this itern shall b. Reconnecting servi,, to subsequent the test year. 23. Schedule 23 - If projected data is used, in tic into the base revenues requested in subscribers at previously served locations. 16. A list of all delivery voltage levels addition to the above schedules, provide a schedule subparagraph 2. Underlying data pertaining to c. Reconnection of existing customer after (transmission, subtransmission, distribution of the major assumptions used to develop the the analysis shall be retained by the company and disconnection for cause. primary and distribution secondary) and number forecasted data and the supporting basis from shall be available ssion inspection d. Administrative costs for name and/or of customers served at each level, by rate schedule, for Commi billing address changes and the total number of 17. Schedule showing plant (account balance, which each assumption was developed. This during normal business hours for a period of 3 each of these types of transactions for which a rate accumulated depreciation, depreciation expense) schedule shall include a side-by-sidc comparison years beginning on the date the M.F.R.'s were exists. of projected data for a forecasted test year, if used, riled. and operation and maintenance expenses by and the same data for the historic test year. 2. Schedule showing for the test year, the base, 8. Schedule showing monthly peaks in MR, primary account for the test year used in the cost of 24. Schedule 24 - Copy of any safety citations fuel, directly billed franchise, other revenues and indicating the date and day of the week, and time service study. issued by the .0 against the company in total revenues produced by rate schedule. If any of the day during which the peak occurred for the W Executive summary Cg@`" n test year as well as the previous three years. if the 1. Sched Aftabgntiwtude and the last two C W years and up to the date of customers are to be transferred from one schedule test year is a projected test year, the schedule for percentag ciole A - ' filing along 11 explanation of steps which to another, the revenue information shall be the projected test year shall show the projected e -hange com" 'en wh'lh' have been taken to correct the violations. shown separately for the transfer group and shall utility's last rate case and thWent case, ch 25. Schedule 25 - A statement that the utility be included as a subitcm under the old and the new amount of the peak in M R, as well as the monthly shall include the following: _ peaks for the three years immediately preceding a. The Commission docket number of the 25-6.433 PUBLIC SERVICE COMMISSION 116 117 ELECTRIC SERVICE 25-6.436 .utility's last rate case and the test year, interim ANNOTA TIONS average rate to be applied in that month, This rate (c) Reserve Data - llistofm. by study rate increase, and ptrmancnt rate increase: Rate base of interest would be applied to the refund amount category showing reserve balances, (Irbits and (1) Requesied, as well as authorized, in the Court said Commission neither violaied essential for that month. 'llie amount of interest calculated credits such as hooked depreciation, exivrise, utility's last rate case, and - -requirements of law nor abused its discretion b) would be added to the beginning balance of the salvage and cus(of removal and adjustments to the (11) Requested in the present case. allowing power company to inlude in its rate base following month so as to accomplish the reserve utilized in monitoring reserve a, tivity and before rate relief. unaniortized cancellation charges as base rate Or bY compounding of the interest feature of the refund position. b. jurisdictional rate base adding ten basis points to company's return on equity in c, jurisdictional net operating income before rce, provision. (f) Reserve Deficiency - An inadequacy in ignition of its energy consef"'inon efforts Culf Specific Authority 366.05(l), 366.071 FS. La- the reserve of a category as evidenced by a rate relief. Power Company v. Cresse, 410 So. 2d 492 (1982) Implemented 366.06(3), 366.071 FS. Ilistnty-New comparison of that reserve indicated as necessary d. Rate of return earned. Transition adjustment 3-27-81. under current projections of life and salvage with c. System capitalization in dollars. where public counsel petitioned Florida Supreme ANNOTAnONS the reserve historically accrued. The latter figure f, Overall rate of return. Courtrai review PubficServi- ColontiSsion Order, which Due peace= may be available from the utility's records or may g. Cost if long term debt. changed fuel adjustment clause pnxrdure for electric Public Service Commission deprived intervenors of require retrospective calculation. h. Cost of preferred stock. utilities, and questioned legality oftwo-month transition due process where it notified them of grant of (g) Reserve Surplus - An excess in the i. Cost of short term debt. adjustment which counsel argued would result in double previously- withheld interim rate increase to electric reserve of a category as evidenced by a comparison j. Cost of customer deposits. "covery, or recovery of costs not previously recouped. company, promising fall hearing and then denying of that reserve indicated as necessary under k. Cost of common equity. Court found that order -as supported by competent, public counsel adequate opportunity 0 cross'exams .ne substantial evidence. Citizens of State of Florida v. and present new evidence. Whent current projections of life and salvage with that 1. Average number of customers. Florida Public Service Commission, 403 So. 2d 1332 public counsel Schedule B - A dollar breakdown of intervene, court said, Commission must develop reserve historically accrued. The latter figure may (1981). be available from the utility's records or may events or circumstances which require an adequate record to show competent and substantial evidence of reasonableness of increase. Case was require retrospective calculation. .,Icrcasc in gross operating revenues by way of 231-6.435 Interim Rate Relielf. new rates. (1) Each electric utility petitioning for interim remanded, with no refund ofincrease topublic. Citizens (h) Salvage Data - Historical data by study 3. Schedule C - A dollar breakdown of the rate relief pursuant to Section 366.071, F. S., shall of Florida v. Mayo, 333 So. 2d 1 (1976). category showing bookings of retirements, gross 2 through 14, salvage and cost of removal used in analysis of change in rate base between ithat determined by rile the data required in Schedules 25-6.436 Depreciation trends in gross salvage and cost of removal or for the Commission in the utilitys last rate case and 17, and 23 in Rule 25-6.43(l)(a). In addition, a (1) For the purposes of this part, the following calculations of realized salvage. that to be shown in the present rate case. schedule shall be submitted calculating the definitions shall apply: (i) Theoretical Reserve or Prospective 4. Schedule D - A dollar breakdown of the interim relief in accordance with � 366.07, F. S., (a) Category or Category of Depreciable Plant Theoretical Reserve - A calculated reserve based change in net operating income between that and allocation factors by functional group A grouping of plant for which a depreciation on components of the proposed rate using the determined by the Commission in the utility's last approved in the company's last rate case. rate is prescribed. At a minimum it should include formul earned in the (2)(a) Interim rates shall apply across the a: rate case and that to be shown as each plant account prescribed in Rule 25-6.14(l), Theoretical Reserve - Book Investment - current rate case- board based on base rate revenues for the test F. A. C. Future Accruals - Future Net Salvage 5. Schedule E - An overall rate of return period less embedded fuel revenue by rate (b) Embedded Vintage -A vintage of plant in (j) Vintage - The year of placement of a comparison between that last authorized by the schedule. The resulting dollar amount shall be service as of the date of study or implementation of group of plant items or investment under study. Commission and that requested in the present rate divided by base rate revenues per rator schedule to proposed rates. (k) Whole Life Method - The method of case. determine the percent increase applied to each rate (c) Mortality Data -Historical data by study calculating a depreciation rate based on the Whole 6. Schedule F - A comparison of rate of schedule. category showing plant balances, additions, Life (Average Service Life) and the Average Net (b) In determining the interim increase, the return by rate class (present and proposed) for adjustments and retirements, use in analyses for Salvage, Both life and salvage components are the each rate class and for each cost of service following data shall be provided: KWH sales; base life indications or calculations of realized life. ' estimated or calculated composite of realized methodology approved by the Commission or rate revenue less base fuel revenue; base fuel Preferably, this is aged data in accord with the experience and expected activity. The formula is: suggested by the petitioner. for consideration in revenues; total base rate revenue; fuel adjustment following: Whole Life Rate = the case. revenue; total revenue. The interim increase shall I. The number of plant items or equivalent 100% - Average Net Salvage % 7. Schedule G - Calculations of typical bills be shown by dollar amount and percentage by rate units (usually expressed in dollars) added each for each rate class both present and proposed. schedule in the following manner: calendar year. Average Service Life in Years 8. Schedule H - A dollar and percentage 1. Requested Interim Amount @ base rate 2. The number of plant items retired (usually (2) (a) No utility may change any existing comparison of major functional categories of revenue less base fuel revenue - Across the board expressed in dollars) each year and the depreciation rate or initiate any new depreciation electric plant allocated to each rate class, both percentage constant. rate without prior Commission approval. I distribution by years of placing of such (b) No utility may reallocate accurniated present and proposed. H. Percentage Constant X base rate revenue retirements. (d) The riling shall indicate the employee of less base fuel revenue - Dollar increase to rate 3. The net increase or decrease resulting from depreciation reserves among any primary the utility responsible for preparation of the schedule purchases, sales or adjustments and the accounts and sub-accounts without prior specific items required in paragraphs (a) and (b) 111. Dollar Increase total @ base rate revenue distribution by years of placing of such amounts. Commission approval. of this subsection. - Percent increase applied to rate schedule 4. The number that remains in service (usually (3). (a) Each utility shall maintain (2) The utility shall file twenty copies of the (3) Interim rate relief collected is subject tQ expressed in dollars) at the end of each year and c1cPrcciation rates and accumulated depreciation data required by subsection (1) with the refund pending final order in the permanent rate the distribution by years of placing of such reserves in accounts or subaccounts as prescribed Commission Clerk. relief request. Such increase shall be subject to a amounts. by Rule 26-6.14(l), F. A. C. Utilities may (3) The Director of the Electric and Gas corporate undertaking or under bond as (d) Rcrn@aining Life Method - The method of maintain further sub-catcgorization. Department shall be the designee of the authorized by the Commission and any refund calculating a depreciation rate based on the (b) Upon establishing a new account or Commission for the purpose of determining shall be made with an interest factor determined unrccovered plant balance, less average future net subaccou'nt classification, each utility shall whether the utility has met the minimum filing by using the 30-day commercial paper rate for requirement imposed by this rule. highgrade, unsecured notes, sold through dealers salvage and the average remaining life. The request Commission approval of a depreciation Specific Authority 366.050), (2), 366.06(3) FS. Law by major corporations in multiples of $1,000, as formula for calculating a Remaining Life Rate is: rate for the new plant category, Implemented 366.06(3), 366.071 FS. History-NI, Street journal. Remaining Life Rate - (4) A utility filing for a revision of existing regularly published in the Wall 100% - Reserve % - depreciation rates or for initiation of new 5-27-81. The annual rate as published on the first day of the Average Future Net Salvage % depreciation rates shall submit to the Commission current business month would be added to the rate as published on the first day of the subsequent Average Remaining Life in Years Clerk's office ten copies of the information business month and halved to obtain the simple required by paragraphs (5)(a) through (5)(h) of 25-6.44 PUBLIC SERVICE COMMISSION 119 ELECTRIC SERVICE 25-6.48 this rule and at least three copies of the e.g., sales, or extraordinary retirements, must be purpose of working on the system, it shall be done residential purposes, the voltage at tile point of information required by paragraph (5)(g). specifically enumerated and explained. at a time which, when at all practicable, will cause delivery shall not ext-ced 7 1/2% above or below (5) An application to change depreciation rates (6) (a) Utilities shall provide calculations of the least inconvenience to customers and all such the standard voltage adopted. shall include: depreciation rates using the whole life Method. scheduled interruptions shall be preceded by (c) Sudden changes in voltage that exceed 5% (a) A comparison of current and proposed The Commission encourages the use of aged data adequate runicr whenever practicable to affected of the standard voltage and occur more frequently depreciation rates and components for each in the design of depreciation rates and, where such customers. titan two times per hour, or changes of 2 1/2% that category of depreciable plant. Current rates shall is available, the utilities shall Submit studies using (3) The provisions of this rule shall not apply twcur more frequently than note per mitiute shall be identificel as to the effective date and proposed the remaining life method. Utilities may Submit to customers receiving service under so called be limited to magnitudes and frequency of rates as to the proposed effective date. additional studies or methods for consideration by interruptible rate classifications. occurrence compatible with the customer's (b) A comparison of annual depreciation the Commission. Spirrifir Authority 366.05(l) FS. Law Implemented requirements. expense as of the proposed effective date, resulting (b) The possibility of corrective reserve 366.03 FS. Hist"y -New 7.29-69. (d) The limitations in (a), (b) and (c) may lie from current rates with those produced by the transfers shall be investigated by the Commission ANNOTATIONS modified for cases in which the customer proposed rates for each category of depreciable prior to changing depreciation rates. Mismanagement specifically agrees toaccept service not meeting the plant. The plant balances may involve estimates. (7) Each company shall rile a study for each Where power company appealed rommisions specified limits. Submitted dai.i or company planning involving category of depreciable property for commission denial of its petition for authority to recover excess fuel (2) Where the utility's facilities are reasonably estimates shall be brought to the effective date of review at least once every four years unless expensesattrib 'utable doshut down olownipany's nuclear adequate and of sufficient Capacity to carry the the proposed rates. otherwise required by the Commission. power plart, tourt concluded that facts concerning actual loads normally imposed, the utility may (c) Rccavcry schedules currently in effect (8) Concurrent with the riling of the annual company's prior troubles wiihheatpump, iisrecognition require that the equipment on the customer's 'd be included with any new filing showing report pursuant to Rule 25-6.14(2), F. A. C., each ofnecessity ofhaving spare pump on handandlailurc to procure spare were sufficient to support Commission premises shall be such that the starting and imount amortized, effective date, length of utility shall rile an annual status report. The finding of company's mismanagement, which justified operating characteristics will not cause an ule, annual amount amortized and reason report shall include booked plant activity withholding recovery of costs allegedly incurred due to instantaneous voltage drop of more than 4% of the amortization schedule. (additions, adjustments, transfers, retirements failure to have replacement pump an hand Florida standard voltage, measured at the point of (d) A comparison of the accumulated book and plant balance at year end) and reserve activity Power Corporation v. Crcsse, 413 So. 2d 1187 (igs2). delivery, or cause objectionable flicker to other reserve to the prospective theoretical reserve based (retirements, accruals, salvage, cost of removal, customers' service. on proposed rates and components for each adjustments, transfers, reclassifications and 25-6-45 Frequency Standards. (3) Variations in voltage in excess of the limits category of depreciable plant to which reserve balance at end of year) for each category of (1) The standard frequency for alternating specified above caused by service interruptions, depreciation rates are to be applied. investment for which a depreciation rate has been current supply systems shall be sixty cycles Per action of the elements, temporary separation of .c) Ageneral narrative describing the service approved. The report shall indicate for each second, Under normal operating conditions: the parts of the system, infrequent'and unAvbida@le' cn t@Iof app'lit'airie 'c.AipaW@' tuioll't6e 1 cattiory thit (a),titere his bec"o'ch9rigedf'plins. oftcquiticj, ohi interC`onncct64- s' stems"shail not huct nvororum y uations not exceeding rive (5) minutes f, I".. , , @ ;%. vary more actors, e.g., growth, ' technoldgy,@ phisicail or utility cicleriefices requiring a r6isiori 6f rates -than- plus or minus 2% fro- the duration, operation of the customers' equipment conditions, necessitating a revision in rate$. or (b) there has been a change requiring a revision standard frequency. The frequency of an isolated at low power factor, unbalanced loading, or other (0 An explanation and justification for each of rates. For any category where current system shall not vary more than plus or minus 5% causes beyond the control of the utility shall not be st7udy catcgor@ revision of from the standard frequency of that system. considered a violation of this rule. ,3 y of-depreciable plant defining the conditions indicate a need for specific factors that justify the life and salvage depreciation rates and no revision is sought, the (2) Each utility generating all or a substantial (4) Each utility shall make such load and pi. components and rates being proposed. Each report shall explain why no revision is requested. part of its requirements shall have at its main voltage surveys necessary to determine the explanation and justification shall include (9) (a) Prior to the datcof retirement of major generating station or load dispatching office a character of service furnished its customers and substantiating factors utilized by the utility in the installations, the Commission may approve master clock or will adhere to a procedure make such information available to the design of depredation rates for the specific capital recovery schedules to correct associated designed to indicate average frequency which Commission upon request. category, e.g., company planning, growth, calculated deficiencies where a utility shall, if necessary, be adjusted to the correct Specific Authority 366.050) FS. Law Implemented technology, physical conditions, trends. The demonstrates that (1) replacement of an indication once a day. Every reasonable effort 366.05(1) FS. Hiswy-Amnodrd 7.29-69. explanation and justification shall discuss any installation or group of installations is prudent shall be made to operate at the standard proposed transfers of reserve between categories and (2) the associated investment will not be frequency. 23-6.47 Constant Current Standards. or accounts intended to correct deficient or surplus reccivercd by the time of retirement through the (3) Variations of frequency in excess of those (1) Equipment supplying constant current reserve balances. It should also state any statistical normal depreciation process. specified above caused by service interruptions, street lighting circuits shall be so adjusted as to or mathematical methods of analysis or (b) The Commission may approve a special action of the elements, temporary separation of furnish as nearly as is practicable the rated current calculation used in design of the category rate. capital recovery schedule when an installation is parts of the system or other causes beyond the of the circuit supplied and, under normal (g) The filing shall contain all calculations, designed for a specific purpose or for a limited control of the utility, shall not be considered a operating conditions, the current shall not vary analysis and numerical basic data used in the duration. violation of these rules. more than 4% above or below the rated current of design of the depreciation rate for each category of (c) Associated plant and reserve activity, Specific Authority 366.05(l) FS. Law Implemented the circuit. depreciable plant. Numecical data shall include balances and the annual capital recovery schedule 366-050) FS. History-Amended 7.29-69. (2) At least once a year the current output of plant activity (gross additions, adjustments, expense must be maintained as subsidiary records. 25-6-46 Voltage Standards. the equipment supplying constant current circuits retirements, and plant balance at end of year) as Specific Authority 350.127(2), 366.05(l) FS. Law shall be checked and the equipment adjusted if well as reserve activity (retirements, accruals for Implemented 350.115 FS. Hisiory-New 11-11-82. (1) Each utility shall adopt standard nominal necessary. voltages conforming to modern usage, as may be Specific Authority 366.05(l) FS. Law Implemented depreciation expense, salvage, cost of removal, PART IV GENERAL SERVICE required by the design of its distributing and 366.05(l) FS. History-Amcnded 7-29-69. adjustments or transfers and reclassifications and PROVISIONS transmission system for its entire service area or reserve balance at end of year) for each year of for each of the districts into which its system may 25-6.48 Limiting Connected Load. If the activity from the date of the last submitted study to 254.44 Continuity of Service. be divided. utility maintains a rate based on connected load, the date of the present study. To the degree (1) Each utility shall make all reasonable (a) For service rendered to customers whose provisions shall be made in its rules whereby the possible, data involving retirements should be efforts to prevent interruptions of service and principal consumption shall be for lighting and/or customer may arrange his wiring in such a aged. when such interruptions occur shall endeavor to residential purposes, the voltage at the point of manner that oniy a t' of the load may be (h) Them and salvage data used by the re-establish service within the shortest time delivery shall not exceed S% above or below the served at one time. In the connected load company in t0h2preciation rate design must practicable consistent with safety. standard voltage adopted. to be used for th4 of charges shall be the largest load cal oe served. agree with actMty booked by the utility. Unusual (2) When (he service is necessarily interrupted (b) For service rendered principally for 0.0c t ransaci;,,ns ma included in life or salvage studies, or curtai led for prolonged periods and for the industrial or power purposes, excluding Specific Authority 36605(l) FS, Law Implemented 25-6.52 PUBLIC SERVICE COMMISSION 120 121 ELECTRIC SERVICE 23-6@54 366.06(2) ES. History-Anictided 7.29-69. 1. "Occupancy unit" means that portion of any singlephase watt-hour meter indicates that the (4) Lagged Demand Meters. Lagged-drmand commercial establishment, single and multa-unit errorin registration exceeds I%ateitherlight load meters shall be tested and adjustedas prewribed in 25-6.49 Measuring Customer Service. idetitial building, or trailer, mobile home or or heavy load, at unity power factor, the USAS-C12. (1) All energy sold to cusiomers, except that '" recreational vehicle park, or marina which.is set percentage registration shall be adjusted to within Specific Authority 366.05(l) FS. Lj@v Implemented sold under flat rate schedule, shall be measured by commercially acceptable measuring devices apart from the rest of such facility by clearly these limits or error as closely as practicable to the .366.05(3) FS. Ilistory-Anirtided 7-21)-0. owned and maintained by the utility,except where determinable boundaries as described in the condition of zero crior. When a test ofa polyphase 25-6.33 Requirements As to Use of it is impractical to meter loads, such as street rental, lease, or ownership agreement for such watt-hour meter indicates that the error in Instrument Transformers. lighting, temporary or special installations, in unit. registration exceeds 1% at either light load or (1) All current and potential transformers which case the consumption may be calculated, or - 2. "Time-sharing plan" means ally heavy load, at unity power factor, or exceeds 2% at shall be tested for accuracy in accordance with the billed on demand or connected load rate or as arrangement, plan, scheme, or similar device. heavy load at approximately 0.5 power factor lag, procedures prescribed in American Standards provided in the utility's filed tariff. other than an exchange program, whether by the percentage registration of the meter shall be Institute Code USAS-C57.13. (2) When there is more than one meter at a membership, agreement, tenancy in common, adjusted to within these limits of error as closely as (2) Any utility unable to perform the above test location the mr(ering equipment shall be so tagged sale, lease, deed, rental agreement, license, or practicable to the condition of zero error. due to lack of proper equipment may have its or plainly marked as to indicate the circuit right-to-use agreement or by any other means, (c) Meters shall not "creep"; i.e., there shall be instrument transformers tested by another utility metered. Where similar types of meters record whereby a purchaser, in exchange for a no continuous rotation of the moving element o a whose testing equipment conforms to the different quantities, (kilowatt-hours and reactive consideration, receives a right to use meter at a speed in excess of one revolution in ten requirements of the Commission. powcr, for example), metering equipment shall be accommodations or facilities, or both, for a specific minutes when the meter load has been removed (3) In lieu of utility testing of instrument tagged or plainly marked to indicate what the period of time less than a full year during any and voltage is applied to the potential elements of transformers, the Commission accepts ' the meter., are recording. given year, but not necessarily for consecutive the meter. certificate of test as furnished by the (M Meters which are not direct reading shall years,andwhich extendsfora period of more than (3) Demand Meters and Registers. manufacturer. multiplier plainly marked on the meter. three years. (a) The performance of a demand meter or (4) Current or potential transformers shall not taken from recording meters shall be 3. The construction of a new commercial register shall be acceptable when the error of be installed if their accuracy does not fall within establishment, residential building, marina, or registration does not exceed 4% in terms of the 0.6 accuracy class as described in ih the date of the record, the meter trailer, mobile home or recreational vehicle park full-scale value, when tested at any point between siumer, and chart multiplier. The shall be deemed to commence on the date when the 25% and 100% of full-scale value. USAS-CS7.13. itit, shall be marked on all meter (5) The results of the last test of instrument building structure permit is issued. (b) When a test of a demand meter or register transformers shall be kept on record. .ers. The watt-hour constant for the meter 4. The individual metering requirement is indicates that the error in registration exceeds plus -elf shall bc placed on all watt-hour meters. Spedfic Authority 366.03(l) FS. Law Implemented (4) Metering equipment shall not beset "fast" waived for any time sharing facility for which or minus 4% in terms of full-scale value, the 366.05(l) FS. Histary-Amended 7-29-69. or "slow" to compensate for supply transformer or construction was commenced before December demand meter or register shall be adjusted to 25-6.54 Uboratory Testing Equipment. line losses. 23, 1982, in which separate occupancy units were within plus or minus 2% of full-scale value. When not metered in accordance with subsection (5)(a). a timing element also serves to Is *parecordofthe (1) Each utility shall have available one or (5)(a) Individual electric metering by the Specific A.tharity 366.05(l) FS. Law Implemented time of day at which the demandcoeccurs, it shall be more laboratory rotating working standard utility shall be required for each separate 366.05(3) FS. History-Amended 7-29-69, 11-26-80, to check each of the portable a% occupancy unit of new commercial adjusted if it is found to be in error by more than watt-hour meters establishments, residential buildings, 12-2.3-82. plus or minus two minutes per day. standard watt-hour meters (rotating shop condominiums, cooperatives, marinas, and trailer, 25-6.50 Location ofMcters. The utility shall (c) Demand meters which are direct driven standards) described in Rule 25-6.55(l). mobile home and recreational vehicle parks for designate to an applicant or its customers the shall be tested at a load point no less than 50% of (a) Laboratory rotating working standard which construction is commenced after January 1, location for meter placement. Locations of meters full scale. However, they may be tested at a lower watt-hour meters shall not be in error by more 1981. This requirement shall apply whether or should be easily accessible for reading, testing, and scale point if conditions warrant. than plus or minus 0.3% at loads and voltages at not the facility is engaged in a time-sharing plan. making necessary adjustments and repairs. Tests shall be continuous for at least one which they are to be used, and shall not be used to Specirk Awhorify 366.05(l) FS. Law Implemented demand interval unless results over a portion of an check or calibrate portable standard watt-hour Individual electric meters shall not, however, be 366.05(l) FS. History-New 7-29-69. interval can be accurately determined. meters (rotating shop standards) unless the required: (d) Demand meters which are actuated by laboratory rotating working standard watt-hour 1. In those portions of a commercial 254.51 Rental Charge for Meters. The pulses shall be tested by transmitting enough meter has been checked and adjusted, if necessary, establishment where the floor space dimensions Or utility may charge a meter rental for extra meters pulses to cause the meter to register at a load point to such accuracy within the preceding twelve physical configuration of the units are subject to installed for the customer's use or convenience, no less than 50% of full scale. If a pulse-actuated months. alteration, as evidenced by non-structural element provided that the rental charge shall be set forth in demand meter is equipped with a device which (b) Each laboratory rotating working standard partition walls, unless the utility determines that the utility's tariffs filed with the Commission. 11 have a calibration history adequate provisions can be made to modify the Specific Authority 366.05(l) IS. Law Implemented records the number of pulses received by the watt-hour meter sha meter, and if there is frequent and accurate record available. metering to accurately reflect such alterations; 366.05(l) FS. History-Amended 7-29-69. comparison of such record with the number of (2) Each utility shall have available laboratory 2. For electricity used in central heating, 25-6.52 Test Procedures and Accuracies of kilowatt- hours registered on the associated indicating working standards to check each of the ventilating and air conditioning systems, or Meters. watt-hour meter, then it is not necessary to make a portable indicating standards described in Rule electric back up service to storage heating and (1) Watt-hour Meters. The performance ofan periodic Field test of the demand meter. 25-6.55(2). cooling systems or when alternitive renewable in-smice watt-hour meter is considered to be (e) Demand meters shall be adjusted to (a) Laboratory indicating working standards resources are used in connection with central indicate zero under no-load conditi heating, ventilating and air conditioning systems; acceptable when the meter disk does not creep and ons, and shall shall not be in error by more than plus or minus 3. For electricity used in specialized-use when the average percentage registration is not be checked to ascertain that the meter resets to 0.25% of scale indication at commonly used scale housing accommodations such as hospitals, more than 102% nor less than 98%, calculated in zero. denection, and shall not be used to check or nursing homes, convalescent homes, college accordance with USAS-C12. (f) Impulse devices associated with demand calibrate portable indicating shop instruments dormitories, convents, sorority houses, fraternity (2) Watt-hour Meter Test Procedures. The meters must be checked for proper operation. unless the laboratory indicating working standard houses, motels, hotels, and similar facilities following procedures shall apply to the testing and (g) The total time interval, including reset has been checked and adjusted, if necessary, including separate, specially-designated areas for adjusting of meters and/or associated devices. time, must be accurate with 0.5%, except that within the preceding twelve months. overnight occupancy at marinas, trailer, mobile . (a) The test of any unit of metering equipment when a timing clement also serves to keep a record (b) Each laboratory indicating working home and recreational vehicle parks. hall consist of a comparison of its accuracy with of the time of day at which the demand occurs, it standard shall have a calibration record available. (b) For purposes of this rule: the accuracy of a standard. shall he adjusted if it is found to be in error by more (3) Once each ycar, one laboratory rotating (b) Adjustment limits. When a test of a than plus or minus two minutes per day. working [email protected] watt-hour meter and one 25-6.56 PUBLIC SERVICE COMMISSION 122 123 ELECTRIC SERVICE 25-6.61 laboratory indicating working standard shall be reason for removal, or physical appearance, (or 25-6.57 Methods of Meter Test. the weighted algebraic average (if the error at submitted to a testing agency as approved by the record of performance gives cause to doubt its (1) In all tests of watt-hour rneters where approximately 10% and at approximately 100% of Commission for a check for accuracy. reliability. comparison offevolutions is made, at least nine (9) the rated test amperes of the meter, the latter being Specific Authority 366.030) FS. Law Implemented (3) All watt-hour meters and demand meters revolutions shall be taken at heavy load and two given a weighting of 4 times the former. 366.05(1) FS. History-Amended 7-29-69, 4-1.3-80. associated with them shall' be tested: separatechecks shall be madc.The accuracy ofthe (3) If a polyphase metering installation is used (a) Before initial and each successive meter under test shall be the average accuracy on a varying load, the average error shall be the 2S-6.SS Portable Standards. installation, with the exception of watt-hour determined front the two checks and they must weighted algebraic aVCTagC0fi1ScrroF at light load (j) Each utility shall have one or more meters which are statistically sample tested under agree within .2 (if 1%. If, however, watt-hour (approximately 10% rated test amperes) given a portable standard watt-hour meters (rotating an approved Random Sampling Plan. meters are tested on electronic test equipment, weighting (if 1, its error at heavy load shop standard) of capacity and voltage range (b) When they are suspected by the utility of only one revolution and one check need be made. (approximately 100% rated test amperes) and adequate to test all watt-hour meters used by the being inaccurate or damaged. 1 (2) If the watt-hour meter has a contact device 100% power factor given a weighting of 4, and at utility for billing pm"scs@ (c) New single-phase and polyphase, sell other than a solid-state pulse initiator which heavy load (approximately 100% rated test (a) All poriable standard watt-hour meters, contained watt-hour meters shall be tested, either operates a demand mechanism, the disk amperes) and 50% lagging power factor givcn a (rotating shop itanclard) when regularly used, on a one-hundred percent (100%) basis or a revolutions when testing should be multiples ofthe weighting of 2. shall be compared with a laboratory rotating statistically sampled basis under an approved number of revolutions per contact in order to take Sperifir Authority 366.05(1) FS. Law Implemented workingstanclard oncea week,oratsuch intervals Random Sampling Plan, upon receipt from the account of the varying friction which may be 366.05e3) FS. Histary-Amended 7-29-69. -is approved by this Commission, on a commonly manufacturer. present during the movement of the contact cam 25-6.59 Meter Test by Request. ,ed current and voltage range. A complete check (d) In service, single-phase and polyphase, self from one contact to the next. (1) Upon request of a customer, the utility iould be made every three months. Such contained watt-hour meters may be sample tested (3) Polyphase meters shall be tested by one of shall, without charge, make a test of the accuracy equipment infrequently used shall be compared under an approved Random Sampling Plan. . the following three methods! of the meter in use at his premises provided that lwfore use. (c) In service, single-phase and polyphase self (a) Single-phase test with voltage coils in the meter has not been tested by the utility or the (b) Each portable standard watt-hour meter contained watt-hour meters which are not parallel and current coils in series. Commission within twelve (12) months previous (rotating shop standard) shall be adjusted, if included in an approved Random Sampling Plan, (b) Individual element test with voltage coils to such request. This may be a shop test. ,iccessary, so that its accuracy will be within plus and single-phase and polyphase meters used with all simultaneously energized from the same or (2) Should any customer request a meter test uninus 0.3% at all voltages and loads at which instrument transformers shall be tested different phases. The current shall be of such more frequently than provided for in (1) of this standard may be used. Mort periodically, according to the following schedule: magnitude that heavy load test current on each rule, the utility may require a deposit to defray 12) Each utility shall have one or 1. meters with surge proof magnets - at least clement will be between 0.5 N and I N times the costs of testing, such deposit not to exceed fifteen portable indicating shop standards of various rated current of the meter but not more than twice dollars (SI 5.00) for each test. If the meter is fo4nd f once in sixteen (16) years. the rated current,,and,the light load current shall types as required to ottermine the quallity o to be running-fast in excess of the all6tvablellit;it s@ervice' bii6g',-rcndcrM' 2. mctf0,,A;it,hout. sur be 0. 1 N timeg the rateci current of the meter, (N, he ge:pr99f',Ragpps least once in 'eight (8) years. the deposit shall be refunded, but if below' t calibrate instruments used in field work. (f) in service block-interval demand-register equals the number of elements in the polyphase allowable limit, the deposit may be retained by the (a) Portable indicating shop standards shall watt-hour meters shall be tested watt-hour meter.) utility as a service charge for conducting the test. not be in error by more than plus or minus 0.5% of equipped The average ofthe registration for each clement (3) If the customer so desires, he or his Ln indication at full scale deflection. periodically according to the following schedule: shall be taken as the meter registration at heavy or authorized representative shall have the privilege (b) Each portable indicating shop standard 1, meters with surge proof magnets - at least light load, respectively. -as at quarterly once in twelve (12) years. (c) Polyphase test with a polyphase port of witnessing the test. A written report giving the hall be adjusted, if necessary, 2. meters without surge proof magnets - at able results of the test shall be furnished the customer intervals, and those in constant use should be least once in eight (8) years. standard watt-hour meter. The opposition upon request. checked at least every two weeks. (g) Block-interval graphic watt-hour demand method of testing for balance is satisfactory for Specific Authority 366.05(l) FS. Law Implemented (3) Each portable standard shall be meters shall be tested at least once in two (2) years. adjusting purposes only, and then only if properly 366,05(4) FS. History-New 7-29-69. accompanied at all times by a certificate or (h) Lagged-demand meters shall be tested at made to avoid error due to anti-creep holes in disk. calibration card, duly signed and dated, on which It must be made with at least full load current 25-6.60 Meter Test - Referee. are recorded the corrections required to least once in eight (8) years. through the meter. The opposition check must be (1) In the event of a dispute, upon written compensate for errors found at the customary test (i) Pulse recorders and pulse operated demand followed up with an individual clement test application to the Commission by any Customer, a points at the time of the last previous test. meters used for billing in combination with according to method (b) above, to ascertain the test of the customer's meter will be made by the for pulse-initiator-equipped watt-hour meters shall (4) For standards used in survey work and be tested at least once in two (2) years. If a registration of each clement where such utility as soon as practicable. Said test will be routine or general operating information, the comparison is made between the watt-hour meter registration must be obtained. Means for supervised by a representative of the Commission. limits of accuracy as specified above need not registration and the recording registration each obtaining 5011. lagging power factor shall be (2) A meter shall in no way be disturbed after prevail, but such instruments shall be within the billing period, and the recorder registration agrees provided for the method used. the utility has received notice that application has range of accuracy necessary toobtain reliableclata. within one percent (1%) of that registered by the Specific Authority 366.03(l) FS. Law implemented been made for such referee test unless a Specific Authority 366.05(l) FS. Law Implemented 366.05(3) FS. History-Amended 7-29-69. representative of the Commission is present or 366.05(l), (3) FS. Hkiory-Amended 7-29-69. associated watt-hour meters the schedule for pulse unless authority to do so is first given in writing by recorders and pulse-operated demand meters 25-6.58 Determination of Average Meter the Commission or by the customer. 25-6.36 Periodic Meter Tests. should be as follows: Error. Whenever a metering installation is tested (3) A report of the results of the test will be (1) The test of any unit of metering equipment 1. Meters with surge proof magnets - at least and found to exceed the accuracy limits, the made by the Commission to the customer. shall consist of a comparison of its accuracy with a once in sixteen (16) years. average error shall be determined in one of the Specific Authority 366.050) FS. Law Implemented standard of known accuracy. Units not meeting 2, Meters without surge proof magnets - at following ways: 366.05(3) FS. History-New 7-29-69. the accuracy or other requirements of Rule least once in eight (8) years. (1) If the metering installation is used to 25-6.52 at the time of the test shall be corrected to If the recorder-meter registration checks do not measure a load which has practically constant 25-6.61 Relocation of Poles. meet such requirements and adjusted to within the agree within one percent 0%), the demand characteristics, such as a street-fighting load, the (1) When a utility is required by governmental required accuracy and as close to 100% accurate as metering equipment should be tested. meter shall be tested under similar conditions of or other valid authority'to move poles, as, for practicabi @@sc discontinued. Sperific Authority 366.050) FS. Law Implemented load and the accuracy of the meter "as found" example, h id ning of from public to 'c or t ewl c (2) New i transformers shall be 366,05(3) FS. His(ory-New 7-29-69, Amended shall be considered as the average accuracy privately-owned right otor, utility is not n tested before installation. Instrument 4-13-80. (2) If a single-phase metering installation is required to furnish a n rvice entrance. li transformers which have been removed from used on a varying load, the average error shall be shall, however, run a service drop to the nearest .1. -; .- 11V11" il. 11"'d -;@r - @' the mint that meets local or nati-I -,I@ 2.3-6.76 10PUBLIC SERVICE COMMISSION 124 125 -ELECTRIC SERVICE 25-6.78 I - I ( Fig requirrs requirements on cath building served from the Spr1ifir Awhority 366.050) FS. Law Implemented distribution lines only along casements, public connection imint selected o i aiq 1. 'O.". Flew pole location and remove tile old service drop 36(,.05(t) FS. llistory-New 7-29-69. streets, roads, arid highways which tile utility has the inSlaillatiOn Of a servitc lateral in extess J the legal right to ot-cupy, and on public lands and sevcnty-five (75) feet, then dic applicant rrla@ Iw without expense it) the customer. PART V RULES FOR RESIDENTIAL (2) If the utility relocates its poles of its own ELECTRIC UNDERGROUND private property across which rights of way and required to pay for the service lateral and casements satislactury to the utility may he installation in excess Of seventy-five (75) feet it) volition, the utility shall supply arid connect a new EXTENSIONS obtained Without Cost or condemnation by the armi-clance with the utilitv's tariff rules ;Old service entrance and remove the old without cost to the customer; or the utility may attach its system to 25-6.74 Applicability. utility. regulations on file with the COMMISSIOll 'ex(ept as the existing service entrance without expense IFF (1) Extensions of electric distribution lines (2) Rights of way and casements suiiable to the provided under Rule 25-6.78(5) her i - cill the customer, provided that local or national code applied for after the effective date of these rules, utility must be furnished by the applicant in Specific Authority 3(,o.1F5(J) PS. L,,,- Irnplemenird .and necessary to furnish permanent electric reasonable time to meet service requirements and 366.0.3 FS. History-Neh, 4-10-71, Amended 4-13-81). requirements arc met. gust be cleared of trees, tree stumps, paving and 25-6.78 Schedule of Charges. (3) If a utility is required by governmental or service to all structures within a new residential either valid authority to install underground subdivision, or to new multiple-occupancy other obstruction, staked to show property lines (1) Each utility shall rile, within sixty (60) distribution, and ahandon overhead distribution, buildings, shall be made underground when and final grade, and must be graded to within six days of the adoption a written policy with the dir utility shall not be required to bear any of the requested by an applicant or required by (6) inches official grade by the applicant before the Commission to become a part of the utility's tariff cost of making the necessary changes on the governmental authority. utility will commence construction, all at no rules and regulations. Such policy shall be subject customer's premiseii. except for the removal of the (2) Suchcxtcnsionsofserviceshalibemadeby charge to the utility. Such clearing and grading to review and approval of the Commission, shall ovcrhead service drop. the utility in accordance with the provisions in must be maintained by the appi icant during include an Estimated Average Cost Differential, if (4) if tile utility elects to change an existing these rules. construction by the utility. any, and shall indicate the basis upon which the customer's scrvice drop from overhead to Specific Authority 366.05(l) FS. Law implemented Specific Authority J66.05(l) FS. Law Implemented utility will provide underground service and its 366.03 FS. History-Nciv 4-10-71. 366.03 FS. History-New 4.10-71. ANNOTATIONS ,round, the utility shall bear all of the costs method for recovering the difference in cost of an d with the necessary changes. 2".75 Definitions. The following words underground system and an equivalent overhead tharity 366.05(l) FS. Law implemented and terms, when used in these rules, shall have the Necessity system. The charges to the applicant shall be not @5(1) Hisiory-Anicaded 7-29-69. Court did not exclude possibility of electric utility more than the estimated difference in cost of an meaning indicated: hip, attai.Fling casement to property at such time when utility riderground system and an equivalent overhead '.nspection of Wires and (1) "Applicant." Any person, partners could establish county's plans to widen road; however, u _4UipD,C-. Where itipsection is required by law association, corporation, or governmental agency evidencepresentedwasinsufricienticesfablishnecessity system. to insure that the wiring and equipment of the controlling or responsible for the development of a of condemning such property, where utility merely (2) Differences in operating and maintenance customer is installed and maintained in new subdivision and applying for the construction referred to county's letter, which indicated that county costs between underground and overhead systems, accordance with National Code, local and utility of an underground electric distribution system in maintained option to widen road if increased traffic if any, shall be taken into consideration in requirements, the utility shall not make service such subdivision. made that action necessary. Klait v. Florida Power & determining the overall Estimated Average Cost connection until approval is granted by the (2) "Building." Any structure, within a Light Co., App., (4th) 414 So. 2d 213 (1982). Differential. (3) Detailed supporting data and study results authorized inspecting authority. subdivision, designed for residential occupancy 25-6.77 Installation of Underground used to determine the Estimated Average Cost &$Syuccific Authority 366.05(l) FS. Law Implemented and containing less than rive (5) individual Distribution System Within Subdivision. Differential for underground and overhead [email protected](1) FS. History-New 7-29-69. dwelling units. (1) When required. After acceptance by the distribution systems shall be concurrently riled by 25-6.63 Temporary Service. In the case of (3) "Feeder mains." A three-phase primary utility of a proper application, the utility shall the utility with the Commission and shall be @imporary service for short-term use, the utility installation which serves as a source for primary define the geographical area described and updated annually using cost data developed from may require the customer to pay all costs of laterals or loops. entailed by said application a "Designated the most recent twelve (12) month period. making the service connection and removing the (4) "Distribution system." Electric service Underground Area." The utility shall design and (4) Subject to the provisions of Rule material after service has been discontinued, or to facilities consisting of primary and secondary install a suitable underground electric distribution 25-6.79(a), service for a new multiple-occupancy pay a fixed amount in advance to cover such conductors, transformers, and necessary system with sufficient capacity and suitable building shall be constructed underground within expense provided, however, that the customer accessories and appurtenances for the furnishing materials which, in its judgment, will assure that the property to be served to the point of delivery at shall be credited with reasonable salvage realized of electric power at utilization voltage. the applicant will receive reasonably safe and or near the building by the utility at no charge to by the utility when service is terminated. . (5) "Multiple-occupancy building." A adequate electric service for the reasonably the applicant, provided the utility is free to Specific Authority 366.05(l) FS. Law Implemented structure erected and framed of component foreseeable future. construct its service extension or extensions in the 366.05(l) FS. History-New. 7-29-69- structural parts and designed to contain five (5) or (2) Facilities required to be underground. st economical manner. more individual dwelling units. (a) All service, secondary, and primary MO (5) The method of recovering the cost 25-6.64 Extension of Facilities. (6) "Subdivision." The tract of land which is distribution conductors with the possible differential as riled by the utility and approved by (1) Eachutilityshaildcvclopastandardpolicy divided into rive (5) or more building lots or upon exception of feeder mains shall be underground. the Commission may not be waived or refunded governing the amount of facility extension which which rive (5) or more separate dwelling units are Appurtenances such as transformers, pedestal unless it is mutually agreed by the applicant and will be made free to connect a new customer. The to be located, or the land on which is to be mounted terminals, switching equipment, and amount of free extension made should recognize constructed new multiple-occupancy buildings. meter cabinets may be placed above ground at the the utility that the applicant will do all of the such factors as: the amount of construction along (7) "Designated underground area@" That discretion of the utility. trenching and backfilling, in which case the paved roads; the type of construction of the geographical area in which by mutual agreement (b) Attheoptionoftheapplicantand subjectto applicant shall receive a credit per trench foot for premise to be served; permanency of the between the utility and the applicant existing requirements of governmental authorities and each foot of trenching and backfilling provided by prospective customer; anticipated additional distribution facilities have been installed Rule 25-6.78, new feeder mains or portions him in accordance with provisions set forth in the applicants within the near future, and the underground and/or in which proposed thereof required to supply service within the utility's tariff rules and regulations, such credit to investment that can prudently be made for the distribution facilities shall be installed pursuant to subdivision, supply location distribution, or to be no more in amount than the total charges expected revenue to be received. the requirements and exceptions contained in serve spot loads may be either overhead or applicable. (2) A detailed statement of its standard Rule 25-6.77(2). underground. (6) The difference in cost as determined by the extension policy shall be Filed by each utility as Specific Authority 366.05(l) FS. Law Implemented (3) Service connection. The service connection utility in accordance with its tariff shall be based part of its tariffs. This policy shall have uniform 366.03 FS. Hisfory-New 4-10- 71, Amended 4-13-8a to the building will normally be at or near the part on reasonably full use of the subdivision for application and shall be nondiscriminatory. 25-6.76 Rights of Way and Easements. of the building nearest the point at which the building lots or multiple-occupancy buildings. If any given subdivision is designed to include large (3) If a utility and applicant are unable to y IS open areas, the utility or the applicant may refer (1) Within the applicant's subdivision the underground secondary electric suppl , agree in regard to an extension, either party May ili y shall construct, own, operate and maintain available to the property to be ser ed. f the service appeal to the Commission for a review. oil it v 25-6.83 PUBLIC SERVICE COMMISSION 126 the matter to the Commission for a special ruling as provided under Rule 25-6.83. (7) The utility shall not be obligated to install any facilities within a subdivision until satisfactory arrangements for the construction of facilities and payment of applicable charges, if any, have been completed between the applicant and th eutility by written agreement. A standard agreement form shall be filed with the company's tariff. (8) Nothing herein contained shall be construed to prevent any utilty from assuming all cost differential of providing underground distribution systems, provided, however, that such assumed cost differential shall not be chargeable to the general body of rate payers, and any such policy adopted by a utility shall have uniform application throughout its service area. Specific Authority 366.05(1) FS. Law Implemented 366.03 FS. history New 4-10-71, Amended 4-13-80. ANNOTATIONS Damages of "supervening government activity" did in breach of contract suit brought by developers against Florida Power Company; would be entitled to recover damages only as service that company should have to Public Service Commission's approval underground service charge, which was action company claimed as "supervening governmental activity." Winter Springs Development Corporation v. Florida Power Corporation, App., (5th) 402So.2d1225(1981). Court reversed summary judgement for subdivision developers in breach of contract suit against Florida Power Corporation where genuine issues of fact existed, but held that power company could not assert defense of developer's failure to exhaust administrative remedies. Since Public Service Commission could not have awarded money damages, remedy would have been inadequate, and developers were not obliged to take controversy before Commission. Id. 25-6.79 Connection to Supply System. Specific Authority 366.05(1) FS. Law Implemented 366.03 FS. History-New 4-10-71, Repealed 4-13-80. 25-6.80 Advances by Applicant. (1) Where, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least two (2) years, then, in accordance with approved tariffs relating to extension of facilities the utility may require a reasonable deposit from th eapplicant before construction is commended, in order to guarantee performance. (2) Where the subdivision is developed in a uniform manner, so that the utility may restrict the construction of its underground electric distribution system to the areas in which buildings are being then the utility may not require a in amount than the charges calculated accordance with the tariffs approved by the Commission. the charges permitted under th eutility's approved tariff, then th excess deposit, without interest, shall be returned to the applicant on a pro-rata basis at quarterly intervals on the basis of installations of service to new customers. (4) Any portion of a deposit remaining unrefunded five (5) years from the date the utility is first ready to render service from the extension will be retained by the utility as liquidated damages and credited to an appropriate account. Specific Authority 366.05(1) FS. History-New 4-10-71. 25-6.81 Construction Practices (1) The provisions in these rules are based on the premise that each applicant and utility will provide a cooperative effort to keep the cost of construction and installation of underground systems as low as possible. (2) Each utility shall undertake to further improve underground construction proficiency toward the end that the downward trends in underground construction costs may be continued. (3) To the extent practicable, joint use of trenches by all utilities shall be undertaken where economies can be realized without impairment to safety or service, care being taken to conform to any applicable Code and utility specification. (4) To the extent practicable, where existing aerial facilities are being retired and removed from service, replacement will be made with underground construction whenever economically feasible. Specific Authority 366.05(1) FS. Law Implemented 366.03 FS. History-New 4-10-71. 25-6.82 Records and Reports. (1) To insure the development and availability of appropriate data necessary to satisfy the annual reporting requirements of Rule 25-6.78(2) herein, each utility will undertake to establish and maintain separate records or sub-accounts for underground distribution construction, operation and maintenance costs. (2) Records shall also be maintained of experienced results obtained in the use of joint trenching, in such manner and detail as will afford an opportunity to evaluate the economies available using this practice. Specific Authority 366.05(1) FS. Law Implemented 366.03 FS. History-New 4-10-71. 25-6.83 Special Conditions. When the application of these rules appears impracticable or unjust to either party, or discriminatory to other customers, the utility or applicant shall refer the matter to the Commission for special ruling or for the approval of special conditions which may be mutually agreed upon prior to commencing construction. Specific Authority 366.05(1) FS. Law Implemented 366.03 FS. History-New 4-10-71. ANNOTATIONS Foreign cooperatives Where Florida rural electric cooperatives enjoyed foreign cooperative meeting 127 ELECTRIC SERVICE 25-6.97 F.S.A. & 425.27 requirements was also entitled to exercise this power in order to construct electrical transmission line over appellant's land, and no abuse of discretion was found in that choice of locations; further, since F.S.A. & 425.04(4) authorized rural electric cooperatives to serve up to ten percent non-rural areas, and cooperative had not violated "central station" provisions, foreign corporation's service to four municipalities did not deprive it of its "rural" character. Alabama Electric Cooperative, Inc. v. First National Bank of Akron, Ohio, 684 F. 2d 789 (11th Cir. 1982). PART VI CUSTOMER RELATIONS 25-6.93 Information to Customers. (1) Each utility shall, upon request, of any customer, give such information and assistance as is reasonable, in order that the customer may secure and receive safe and efficient service. Upon request, the utility shall provide any customer information as to the method of reading meters and the derivation of billing therefrom, the billing cycle and approximate date of monthly meter reading. (2) Upon request of any customer, the utility is required to provide to the customer a copy and/or explanation of the utility's rates and provisions applicable to the type or types of service furnished or to be furnished such customer, and to assist him, the customer, in obtaining the rate schedule which is most advantageous to the customer's requirements. (3)(a) By bill insert or other appropiate means of communication, the utility shall give to each of its customers a summary of major rate schedules which are available to the class of which that customer is a member, and (b) The utility shall provide the information contained in paragraph (a) to all its customers: 1. not later than sixty (60) days after the commencement of service, and 2. not less frequently than once each year, and 3. not later than sixty (60) days after the utility has received approval of its new rate tariff applicable to such customer. (c) In this subsection, "rate schedule" shall mean customer charge, energy charge, demand charge, and fuel costs, as set forth in Rule 25-6.100, F.A.C. 4. Upon request of any customer, but not more frequently than once each calendar year, the utility shall transmit a concise statement of the actual consumption of electric energy by that customer for each billing period during the previous twelve (12) months. 5. Within thirty (30) days after filing a rate application, the utility shall furnish each of its customers, by means of a bill insert or other appropriate communication, a brief explanation of the filing, advising that copies of the proposed rates (or filing) are available for the customer's inspection at each of the utility's local offices. Specific Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History-Amended 7-29-69, 11-26-80, 6-28-82. 25-6.94 Complaints and Service Requests. (1) The utility shall make a full and prompt investigation of all customer complaints and other service requests. The words "complaints" as used in this rule shall be construed to mean substantial objection made to a utility by a customer as to its charges, facilities, or service, the disposal of which complaint requires investigation or analysis. (2) Reports of electrical conditions wherein property damage or personal injury is reasonably foreseeable are to be considered as emergencies requiring immediate attention commensurate with ability to provide performance in situations resulting from acts of God. Specific Authority 366.05(1) FS. Law Implemented 366.03, 366.05(1) FS. History-New 7-29-69. 25-6.95 Initiation of Service. (1) Anyone desiring service may be required to make application in writing in accordance with practices prescribed by the utility. Such application shall be considered as notice to utility that the applicant desires service and an expression of his willingness to conform to such reasonable rules and regulations regarding service as are in effect. (2) Upon compliance by the applicant with the provisions governing utility service, the utility shall undertake to initiate service without unreasonable delay. To be effective, the policy adopted by each utility for the initiation of service shall have uniform application and shall be set forth in its field tariff. (3) When service is inisted, the utility may charge a reasonable fee to defray the cost of establishing service provided such charge is specified in its filed tariff. Specific Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History-New 7-29-69. 25-6.96 Termination of Service by Customer. Any customer may be required to give reasonable notice of his intention to discontinue service. Until the utility is notified, the customer may be held responsible for all energy used on the premises. Specific Authority 366.05(1) FS. Law Implemented 366.05(1) FS. History-New 7-29-69. 25-6.97 Customer Deposits. (1) Deposit required; established of credit. - Each company's tariff shall contain their specific criteria for determining the amount of initial deposit. Each utility may require an applicant for service to satisfactorily establish credit, but such establishment of credit shall not relieve the customer from complying with utilities' rules for prompt payment of bills. Credit will be deemed so established if: (a) The applicant for service furnishes a satisfactory guarantor to secure payments of bills for the service requested satisfactory guarantor shall, at the minimum, customer of th eutility with a satisfactory payment record. (b) The applicant pays a cash deposit. (c) The applicant for 15-6.100 OUBLIC SERVICE COMMISSION 128 129 ELFCTRIC SERVICE 25-6.103 rrevocable letter of credit from a bank or a surety Where a new or additional deposit is required 8. Any discount or penalty, if applicable. twenty (20) days from tile date of mailing iir :)ond. under Section 3of this rule a customer's cancelled 9. Past flue balances shown separately. delivery by the utility. (2) Refund'of deposit. - After a residential check or validated bill coupon may serve as a 10. The gross and net billing, it ap@)licable. Specific Authewity 3f)6.05(l) P@@ L,,. hopirmcm,4 customer has established a satisfactory payment deposit receipt. (it) Identification of tile applica lie rate 366.05(1) fS. Itivory-New 2-25-7, record and has had continuous service for a period (7) Refund of deposit when service is schedule. of 25 months, the utility shall refund the discontinued. - Upon termination of service, tile (e) The date by which payment must Ile made 23-6.102 Conjunctive Billing. 0) Conjunctive billing nicans totalizing customer's deposit provided tile customer has not, deposit and accrued interest may be credited in order to benefit from any discount or avoid any metering, additive billing, plural meter billiog, in the preceding 12 months, (a) made more than against the final account and the balance, if any, penalty, if applicable. one late, payment of a bill (after the expiration of shall be returned promptly to the customer but in conjunctional metering, and all like or similar 20 days from the date ofmailing or delivery by the no event later than fifteen (15) days after service is (f) The average daily KWI I consumption for billing pra(tices which seek to (ombine, for billing the current period and for the same period in the I rposes, the separate (onsumptions and utility), (b) paid with a check refused by a bank, discontinued. previous year, for the same customer at the Same pu (c) been disconnected for nonpayment, or at any Specific Authority 366.05(l) FS. Law Implemented location. registered demands of two or more points of time, (it) tampered with the electric meter or (c) 366.05(l) FS. History-New 7-29-69, Amended delivery serving a single customer. used service in a fraudulent or unaut@orizecl 5-1-76. 7-8-79, 6-10-80. (g) The delinquent date or the date after which (2) A single point of delivery of electric service manner. Nothing in this rule shall prohibit the the bill becomes past due. to a user of such service is defined as the single company from refunding a deposit in less than 25 2".98 Interest on Deposits. (h) Any conversion factors which can be used geographical point where a single class (if electric Specific Authority 366.05(1) FS. Law Implemented by customers to convert from meter reading units service, as defined in a published rate tariff, is months. 366.050) FS. Hisiory-Amended 7.29-69, Repeated to billing units. Where metering (3) New or additional deposits. - A utility 5-9-76. akcs this requirement impractical, complexity delivered from the facilities of the utility to the a statement may require, upon reasonable written noticcofnot facilities of the customer. 25-6.99 Meter Readings. Each service meter must be on the bill advising that such information less than thirty (30) days, a new deposit, where may be obtained by contacting the utility's local (3) Conjunctive billing shall not be permitted. isly waived or returned, or additional shall ubc clearly marked to indicate the units business office. Bills for two or more points of delivery lothesame meas red. Unless special circumstances warrant, cu .,i order to secure payment o(current bills. rs shall be read at monthly intervals on the 0) Where budget billing is used, the bill shall stomer shall be calculated separately for each it shall be separate and apart from any mete h point of delivery. iice and shall explain the reason for approximate corresponding day of each contain the current month's consumption and suc (4) A customer operating a single intergrated or additional deposit, provided, meter-reading period. charges separately from budgeted amounts. business* under one name in two or more Specific Authority 366.05(f) FS. Law Implemenfed 0) The name of the utility plus the address and @Wcvf@l, dial the total amount of the required 366.05(t) FS. History-Amended 7.29-69, 4-13-80. telephone number of the local office where the bill buildings and/or energy consuming locations may deposit %hall not exceed an amount equal to twice can be paid and any questions about the bill can be request a single point of delivery and such request tile average charges for actual usage of electric 25-6.100 Customer Billings. answered. shall be complied with by the utility providing service for the twelve month period immediately (1) Bills shall be rendered monthly and as (3) When there is sufficient cause, estimated that; prior to the date of notice. In the event the promptly as possible following the reading of bills may be submitted provided that with the third (a) Such buildings or locations are situated on customer has had service less than twelve months, meters. consecutive estimated bill the company shall a single unit of property; or then the utility shall base its new or additional (2) By January 1, 1983, each customer's bill contact the customer explaining the reason for the (b) Such buildings or locations are situated on deposit upon the average actual monthly usage shall show at least the following information: estimated billing and who to contact in order to two or more units of property which are mailable. (a) The meter reading and the date the meter is obtain an actual meter reading. An actual meter immediately adjoining, adjacent, or contiguous; or (4) Interest on deposits. - Each electric utility read, in addition to the meter reading for the reading must be taken at least once every six (c) Such buildings or locations are situated on which requires deposits to be made by its previous period. If the meter reading is estimated, months. If an estimated bill appears to be Iwo or more units of property which would be customers shall pay a minimum interest on such the word "estimated" shall be prominently abnormal when a subsequent reading is obtained, immediately adjoining, adjacent or contiguous deposits of 8 percent per annum. The deposit displayed on the bill. the bill for the entire period shall be computed at a except for intervening streets, alleys or highways. interest shall be simple interest in all cases and (b) 1. Kilowatt-hours (KWH) consumed In all cases arising in sub-paragraph (a), (b), or rate which contemplates the use of service during (c), it shall be the customer's responsibility to settlement shall be made annually either in cash or including on and off peak if customer is the entire period and the estimated bill shall be by credit on the current bill. This does not prohibit time-of-day metered. deducted. If there is reasonable evidence that such provide the electrical facilities necessary for any utility paying a higher rate of interest than 8 2. Kilowatt (KW) demand, if applicable, use occurred during only one billing period, the distributing the energy beyond the single delivery percent. No customer depositor shall be entitled to including on and off peak if customer is bill shall be computed. point. receive interest on his deposit until and unless the time-of-day metered. un (4) The regular meter reading date may be s*The word "business" as used in this section customer relationship and the deposit has been in (c) The dollar amo t of the bill, including hall be construed as including residences and advanced or postponed not more than five days educational, religious, governmental, commercial existence for a continuous period of six months, separately: without a pro-ration of the billing for the period. thenheshall becridiled to receive interest from the 1. Customer charge. (5) Whenever the period of service for which and industrial operations. day of the commencement of the customer 2. Energy (KWH) charge, exclusive of fuel, in Specific Authority 366.05t]) FS. Law Iniplememed an initial or opening bill is rendered islessthanthe 36o.05(l) FS History-New 7-29-69. relationship and the placement of deposit. cents per KWH, including amounts for on and off normal billing period, the charges applicable to (5) Record of deposits. - Each utility having peak if the customer is time-of-day metered, and such service, including minimum charges, shall be 25-6.103 Adjustment of Bills for Meter on hand deposits from a customer or hereafter energy conservation costs. pro-rated except that initial or openi receiving deposits from them shall keep records to 3. Demand (KW) charge, exclusive of fuel, in ng bills need Error. show: dollar cost per KW, if applicable, including not berendered but the energy used during such (1) Fast meters. Whenever a meter tested is (a) The name of each customer making the amounts for on and off peak if the customer is period may be carried over to and included in the found to have an error in excess of the plus deposit; time-of-day metered. next regular monthly billing. tolerance allowed in Rule 25-6.52, the utility shall (b) The premises occupied by the customer; 4. Fuel cost in cents per KWH (no fuel costs (6) The practices employed by each utility refund to the customer the amount billed in error regarding customer billing shall have uniform as determined by Rule 25-6.58 for one half the (c) The date and amount of deposit; shall be included in the base charge for demand or application to all customers on the same rate period since the last test, said one half period shall (d) Each transaction concerning the deposits energy). schedule. not exceed twelve 0 2) months; except that ifit can such as interest payments, interest credited or 5. Total electric cost which is the sum of the Specific Authority 366.05(t) FS. Law Implemented be shown that the error was due to some cause, the similar transactions. customer charge, total fuel cost, total energy cost, 366.05(l) FS. History-New 2-25-76, Amended date of which can be fixed, the oN crcharges shall be (6) Receipt for deposit. -A non-transferrable and total demand cost. 4-14-80, 12-29-81, 6-28-82. computed back to but not beyond such date based certificate of deliusit shall be issued to cacti 6. Franchise fees, if applicable. customer and means provided so that the customer 7. Taxes, as applicable on purchases of 25-6.101 Delinquent Bills, Bills shall not be upon available rccords. The refund shall not considered delinquent prior to the expiration of include any par( of any minimurn diarge. may claim (he deposit if the certifica(c is lost, clectricity by the customer. (2) Sim, meters. 25-6.103 PUBLIC SERVICE COMMISSION 130 131 EI.E(7rRIC SERVICE 23-6.106 (a) Except as provided by this paragraph, a Speciric Authority 366.05(l) FS. Law Implemented the utility. (9) When service has been dis(onlinued lot utility may backbill in the event that a meter is 366.05(l) FS. History-New 7.29-69, Amended (c) For the use of energy for any other property proper cause, each utility may thargea rea%oiushle found to be slow, non-registering or partially 4-13-80, 5-3-82. or purpose than that described in the application. fee to defray the cost of restoring service, pio% ided registering. A utility may not backbill for any 23-6.104 Unauthorized Use of Energy. In (d) For failure or refusal to provide adequate such fee is included in its filed tariff. period greater than twelve (12) months from the the event of unauthorized or fraudulent use, or space for the meter and scrvice equipment of the (10) No utility shall discontinue service it-ny date it notifies a customer that his or her metc ' utility. r is meter tampering, the utility may bill the customer non-commercial customer between 12:00 no,)n on slow, non-registering or partially registcring. If it (c) For failure or refusal to provide tile utility a Friday and 8:00 a.m. the following Monday or can be ascertained that the meter was slow, on a reasonable estimate of the energy used. with a deposit to insure payment of bills in between I Specific Authority 366.05(l) FS. Law Implemented 2:00 noon on the day preceding a non-registering or partially registering for less 366.05(l) FS. History-New 7-29-69, Amended accordance with the utility's regulation, provided holiday and 8:00 a.m. the next working day. than twelve (12) months prior to notification, then 4.13-80, 5.3-82, 11-21-82. that written notice, separate and apart from any Provided, however, this prohibition shall not the utility may backbill only for the lesser period of 25-6.105 Refusal or Discontinuance of bill for service, be given the customer. apply when; time. In any event, the customer may extend the (f) For neglect or refusal to provide safe and (a) Discontinuance is requested by or agreed to of Service by Utility. reasonable access to the utility for the purpose of by the customer; or payments of the backbill over the same amount reading meters or inspection and maintenance of (b) A hazardous condition exists; or time for which the utility issued the backbill. (1) Until adequate facilities can be provided, each utility may refuse to serve an applicant if, in equipment owned by the utility, provided that (c) Meters or other utility owned facilities have Nothing in this subsection shall be construed 40 the best judgment of the utility, it does not have written notice, separate and apart from any bill for been tampered with; or limit the application of Rule 25-6.104, or prohibit adequate facilities to render the service applied service, be given the customer. (d) Service is being obtained fraudulently or is a utility from backbilling for four years pursuant for. (g) For non-payment of bills or being used for unlawful purposes. to subsection (5) of this rule. (2) Each utility may refuse to serve any person non-compliance with the utility's rules and Holiday as used in this subsection shall mean (b) Whenever a meter tested and not subject to whose service requirements or equipment. is of a regulations, and only after there has been a New Year's Day, Memorial Day, July 4, Labor Rules 25-6.104 or 25-6.105(5) and is found to character that is likely to affect unfavorably diligent attempt to have the customer comply, Day, Thanksgiving Day and Christmas Day. @@c an error in excess the minus tolerance service to other customers. including at least rive (5) days' written notice to (11) Each utility shall submit, as a tariff item, ,ed by Rule 25-6.52, the utility may bill the (3) Each utility may rcfuse to render any the customer, such notice being separate and apart a procedure for discontinuance of service when an amount equal to the unbilled error as service other than that character of service which is from any bill for service, provided, that those that service is medically essential. A by Rule 25-6.58 in accordance with normally furnished, unless such service is readily customers who so desire may designate a third Specific Authority 366.05 FS, Law Implemented @ction. In order to determine the amount available. party in the company's service area to receive a 366.03(l) FS. History-New 2-25-76, Amended .:hargci the recorded consumption shall be (4) Each utility shall not be required to furnish copy of such delinquent notice. 2-3-77, 2-6-79, 4-13-80, 11-26-80. ,@sted using the amount of error found by the service under conditions requiring operation in (h) Without notice in the event of a condition meter to determine the correct Consumption and 25-6.106 Underbillings and Overbillings of Parallel with generati nected to known ito the- utility to be haz the. . ciiifq'mier:s@. billi t iii ' quAtiork shailli. be ing equipment con @rclous. Energy. 'he t (i) Wit out the customer's, system if: in ibe ol!iinion'of't h ' notice in the'event of:tampering (1) A utility may not backbill custo for recalculated and computed tt; -the a6u@sl bills utility, such operation is hazardous or may with meters or other facilities furnished @mcl any period greater than twelve (12) momnihs for rendered. If the utility has required a deposit for a interfere with its own operations or service to owned by the utility. any undercharge in billing which i the result of nn@ as pe d Rule 25-6.59(2), the ed s _ter test_ _Fmitted un er. . he other customers or with service furnished by Without notice in the event of unauthoriz the utility's mistake. The utility shall allow the customer may be billed only for that portion oft others. Each utility may specify requirements as to or fraudulent use of service. Whenever service ' (71unbilled error which is in excess of the cle Is customer to pay for the unbilled service over the Posit connection and operation as a condition of discontinued for fraudulent use of service, the same time period as the time period during which Coretained by the utility. rendering service under such circumstances. utility may, before restoring service, require the the underbilling occurred or over some other C) (@) In the event of a non-registering or a (5) If the utility refuses service for any reason customer to make at his own expense all changes mutually agreeable time period. Nor may the partially registering meter, unless the provisions eliminate may specified in this subsection, the utility shall notify in facilities or equipment necessary to utility recover in a ratemaking proceeding any lost of subsection (3) of this rule apply, the utility the applicant for service as soon as practicable, illegal usc and to pay an amount reasonably revenues which inure to the utility's detriment on bill the customer on an estimate based on previous pursuant to subsection (7), of the reason for estimated as the loss in revenue resulting from account of this provision. This rule shall not apply bills for similar usage or on other sources of refusal of service. If the utility will discontinue such fraudulent use. to underbillings provided for in Rules 25-6. 103 or available data provided. service, the utility shall notify the customer at least (6) Service shall be restored when cause for 25-6.104. (3) It shall be understood that when a mcter is rive (5) days prior to discontinuance, that service discontinuance has been satisfactorily adjusted. (2) In the event of other overbillings not found to be in error in excess of the prescribed will cease unless the deficiency is corrected in (7) In case of refusal to establish service or provided for in Rule 25-6.103, the utility shall limits, the Figure to be used for calculating the compliance with the utility's regulations, resolved whenever service is intentionally discontinued by refund the overcharge to the customer for the amount of refund or charge in (1) or (2)(b) above through mutual agreement, or successfully the utility for other than routine maintenance, th period during which the overcharge occurred shall he that percentage of error as determined by disputed by the customer, The five-day notice utility shall notify the applicant or Customer in based on available records. If commencement of the test. provision does not apply to paragraphs (h), (i), or writing of the reason for such refusal or the overcharging cannot be fixed, then a (4) Creeping. Whenever a meter, upon proper testing, is found to have a registration error due to 0). In all instances involving refusal or discontinuance. reasonable estimate of the overcharge shall be "creep" in excess of the tolerance allowed by Rule discontinuance of service the utility shall advise in (8) The following shall not constitute made and refunded to the customer. The amount its notice that persons dissatisfied with the utility's sufficient cause for refusal of service to an 25-6.52, the error shall becalculated by timing the and period of the adjustment shall be based on the rate of "creeping" and assuming that the creepin decision to refuse or discontinue service may applicant or customer: available records. The refund shall not include 9 register their complaint with the Utility's Customer (a) Delinquency in payment for service by a any part of a minimum charge. affected thcregistration ofthe meterfor 25% ofthe he relations personnel and to the Florida Public previous occupant of the premises to be served. (3) In the event of an overbilling, the customer time, unless a more accurate estimate of t Service Commission at 1.800-342-3552, which is (b) Failure to pay for merchandise purchased may elect to receive the refund as a credit to future percentage of time the meter should have been a toll free number. As applicable, each utility may from the utility. billings or as a one time payment. inactive can be obtained. service refuse or discontinue service under the following (c) Failure to pay for a service rendered by the Specific Authority 366.05(l) FS. Law Implemented (5) Where a utility determines that a utility which is non-regulated. 366.05(l) FS- History-New 4-13-80, Amended location has not previously been properly metered conditions; through errors n electrical contractor, the (a) For non-compliance with and/or violation (d) Failure to pay for a different type of utility 5-3-82, 11-21-82. ay bac.,"6L up I of any State or municipal law or regulation service, such as gas or water. PART VIORVED utility In o four years from the governing electric service. (e) Failure to pay for a different class of date of notice @stomcr that the error has (b) For failure or refusal of the customer to service. been discovtred"We customer may extend the correct any deficiencies or defects in his wiring (0 Failure to pay the bill of another customer payments of the backbill over the same amount of and/or equipment which arc r"rted to him by as guarantor thereof. imit for which the utility issucd the backbill. CHAPTER 39-17 RULES RELATING TO ENDANGERED OR THREATENED SPECIES 39-27.01 Definitions. (Repealed) 39-27.02 General Prohibition 39-27.03 Designation of Endangered Species 39-27.04 Designation of Threatened Species 39-27.05 Designation of Species of Special Concern 39-27.06 Reward Program 39-27.01 Definitions. Specific Authority Art. IV, Sec 9, Fla Const., 372.021 FS. Law Implemented Art. IV, Sec. 9, Fla. Const., 120.53 FS. History--New 8-1-79, Transferred to 39-1.04, 2-1-81, Repealed 6-21-82. 39-27.011 Killing Endangered or Threatened Species No person shall kill, attempt to kill or wound any endangered or threatened apecies. Specific Authority: Art. IV, Sec. 9, Fla, Const, Law Implemented: Art. IV, Sec. 9, Fla. Const. History: New--7-1-84 (1) Endangered or threatened species--No person shall pursue, molest, capture or possess any endangered or threatened species or parts thereof or their nests or eggs except as authorized by specific permit, permits being issued only when the permitted activity will clearly enhance the survival potential of the species. (2) Permits for endangered or threatened species--Permits to capture or possess those endangered species designated in s. 39-27.03 (1),(3),(5)(6),(7),(8),(28),(30),(31),(32),(33) or (34) or threatened species designated in s. 30-27.04(4) may be issued by the executive director of the Department of Natural Resources. Permits to capture or possess any other endangered or threatened species may only be issued by the executive director of the commission. (3) Species of special concer--No person shall take, possess, transport, or sell, any species of special concern or parts thereof except as authorized by specific commission regulations or by specific permit from the executive director or by statute or regulation of any other state agency, permits being issued upon reasonable conclusion that the permitted activity will not be detrimental to the survival potential of the species. (4) No person shall feed key deer by hand or by placing any food that serves to attract such deer. Specific Authority: Art. IV, Sec. 9, Fla. Const., 372.021, F.S.Law Implemented: Art. IV, Sec 9, Fla Const History: New-8-1-79, Amended 6-21-82, 7-1-84 39-27.03 Desination of Endangered Species The follwing species are here by declared to be endangered: 39-27.03 F.A.C. (1) Key silverside (Menidia conchorum) (2) Okaloosa darter (Etheostoma okaloosae) (3) Shortnose sturgeon (Acipenser breviorstrum) (4) America crocodile (Crocodylus acutus) (5) Atlantic green turtle (Chelonia mydas mydas) (6) Atlantic hawksbill (Eretmochelys imbricata imbricata) (7) Atlantic ridley (Lepidochelys kempi) (8) Leatherback turtle (Dermochelys coriacea) (9) Atlantic salt marsh water snake (Nerodia fasciata taeniata) (10) Key mud turtle (Kinosternon bauri bauri) (11) Wood stork (Myeteria americana) (12) Snail kite (Rostrhamus sociabilis plumbeus) (13) Peregrine falcon (Falco peregrinus) (14) Cuban snowy plover (charadrius alexandrinus tenuirostris) (15) Ivory-billed woodpecker (Campephilus principalis) (16) Backman's warbler (Vermivora bachmanii) (17) Kirtland's warbler (Dendroica kirtlandii) (18) Florida grasshopper sparrow (Ammodramus savannarum floridanus) (19) Dusky seaside sparrow (Ammospiza maritima nigrescens) (20) Cape Sable seaside sparrow (Ammospiza maritima mirabilis) (21) Gray bat (Myotis grisescens) (22) Indiana bat (Myotis sodalis) (23) Goff's pocket gopher (Geomys pinetis goffi) (24) Silver rice rat (Oryzomys argentatus) (25) Pallid beach mouse (peromyscus polionoius decoloratus) (26) Key Largo cotton mouse (peromyscus gossypinus allapaticola) (27) Key Largo woodrat (Neotoma floridana smalli) (28) Caribbean manatee (Trichechus manatus latirostris) (29) Florida panther (Felis concolor)(except those specimens held in captivity under permit) (30) Atlantic right whale (Eubalaena glacialis) (31) Finback whale (Balaenoptera physalus) (32) Sei whale (Balaenoptera borealis) (33) Humpback whale (Megaptera novaeangliae) (34) Sperm whale (Physeter catodon) (35) Schaus' swallowtail butterfly (Heraclides aristodemus ponceanus) Specific Authority: Art. IV, Sec. 9, Fla. Const., 372.021. F.S. Law Implemented; Art. IV, Sec. 9, Fla. Const., 372.072, F.S. History: 8-1-79, Amended 6-22-80, 7-1-83, 7-1-84 39-27.04 F.A.C. 39-27.04 Designation of Threatened Species The following species are hereby declared to be threatened: (1) Bluestripe shiner (Notropis callitaenia) (2) Blackmouth shiner (Notropis undescribed species) (3) Crystal darter (Ammocrypia asprella) (4) Atlantic loggerhead (Caretta caretta caretta) (5) Blue-tailed mole skink (Eumeces egregius lividus) (6) Sand skink (Neoseps reynoldsi) (7) Big Pine Key ringneck snake (Diadophis punctatus acricus) (8) Miami black-headed snake (Tantilla oolitica) (9) Short-tailed snake (Stilosoma extenuatum) (10) Florida brown snake (Storeria dekayi vicia) (lower keys population only) (11) Florida ribbon snake (Thamnophis sauritus couperi) (lower keys opulation only) (12) Eastern indigo snake (Drymarchon corals couperi) (13) Eastern brown pelican (Pelecanus occidentalis carolinensis) (14) Bald eagle (Haliaeetus leucocephalus) (15) Southeatern kestrel (Falco sparverius paulus) (16) Audubon's caracara (Caracara cheriway auduboni) (17) Florida sandhill crane (Grus canadensis pratensis) (18) Roseate tern (Sterna dougalli) (19) Least tern (Sterna albifrons) (20) White-crowned pigeon (Columba leucocephala) (21) Florida scrub jay (Aphelocoma coerulescens coerulescens) (22) Red-cockaded woodpecker (Picoides borealis) (23) Mangrove fox squirrel (Sciurus niger avicennia) (24) Choctawhatchee beach mouse (Peromyscus polionolus allophrys (25) Perdido Bay beach mouse (Peromyseus polionolus trissyllepsis) (26) Florida mouse (peromyscus floridanus) (27) Florida black bear (Ursus americanus floridanus) (except in Baker and Columbia counties and Apalachicolo National Forest) (28) Key Vaca raccoon (Procyon lolor auspicalus) (29) Everglades mink (Mustela vison evergladensis) (30) Key deer (Odocoileus virginianus clavium) (31) Stock Island tree snail (Orthalicus reses) 39-27.05, F. A. C. Specific Authority: Art. IV Sec. 9, Fla. Const., 372.021, F.S. Law Implemented: Art. IV, Sec. 9, Fla. Const., 372.072. F.S. History; New-Effective date 8-1-9, Amended 6-22-80, 7-1-83 39-27.05 Designation of Species of Special Concern The following species are hereby declared to be of special concern: (1) Atlantic sturgeon (Acipenser oxyrhynchus)(1) (2) Common snook (Centropomus undecimalis) (1.4) (3) Lake Eustis pupfish (Cyprinodon variegatus hubbsi) (1) (4) Saltmarsh topminnow (Fundulus jenkinsi)(1) (5) Rivulus (Rivulus marmoratus)(1) (6) Southern tessellated darter (Etheostoma histrio)(1) (7) Harlequin darter (Etheostoma histrio)(1) (8) Shoal bass (Micropterus undescribed species)(1.2) (9) Suwannee bass (Micropterus notius)(1) (10) Key blenny (Starksia stareki)(1) (11) Gopher frog (Rana areolata)(1.2) (12) Suwannee cooter (Chrysemys concinna suwanniensis)(1.2) (13) Barbour's map turtle (Graptemys barbouri)(1.2) (14) Gopher tortoise (Gopherus polyphemus)(1.2.3) (15) American alligator (alligator mississippiensis)(1.3) (16) Florida key mole skink (Eumeces egregius egregius)(1) (17) Red rat snake (Elaphe guttata guttata)(lower keys population only)(1) (18) Little blue heron (Florida caerulea)(1.4) (19) Snowy egret (Egretta thula)(1) (20) Reddish egret (Dichromanassa rufescens)(1.4) (21) Louisiana heron (Hydranassa tricolor)(1.4) (22) Roseate spoonbill (Ajaia ajaja)(1.4) (23) Limpkin (aramus guarauna pielus)(1) (24) American oystercatcher (Haematopus palliatus)(1.2) (25) Florida burrowing owl (Athene cunicularia floridana)(1) (26) Marian's marsh wren (Cistothorus palustris marianae)(1) (27) Worthington's marsh wren (Cistothorus palustris griseus)(1) (28) Scott's seaside sparrow (ammospiza mari- 39-27-.06, F. A. C. tima peninsulae)(1) (29) Wakulla seaside sparrow (Ammospiza maritima junicicola)(1) (30) Sherman's fox squirrel (Sciurus niger shermani)(1.2) (31) Eastern chipmunk (Tamias striatus)(1) (32) Chadwick Beach cotton mouse (Peromyseus gossypinus restrictus)(2) (33) Pine Barrens treefrog (Hyla andersnii)(1) (34) Florida tree snail (liguus fasciatus)(only on Big Cypress National Preserve)(1) The above listed species have been further categorized by the numbers inparenthese under the following criteria: (1) Occurs disjunctly or continuously in Florida and has a unique and significant vulnerability to habitat modification, environmnetal alteration, human disturbance, or substantial human exploitation which, in the foreseeable and predictable future, may result inits becoming a threatened species unless appropriate protective or management techniques are initiated or maintained. (2) May already meet certain criteria for consideration as a threatened species but for which conclucive data are limited or lacking. (3) May occupy such an unusually vital and essential ecological niche that should it decline significantly in numbers or distribution other speices would be adversely affected to a significant degree. (4) Has not sufficiently recovered from past population depletion. Specific authority; Art. IV, Sec. 9, Fla. Const., 372.021.F.S.Law Implemented; Art. IV. Sec. 9, Fla. Const. History: New-9-1-79. Amended 6-22-80. 7-1-84 39-27.06 Reward Program In order to implement a reward program for the illegal killing, wounding or wrongful possession of endangered or threatened species as defined herein the commission establishes the following schedule and procedures. (1) The commission will receive information through its WATS lines in the respective regional offices of the five regions. The party calling in the information will be identified by a code only and all names, if given, will be kept confidential unless the party specifically authorizes the use of his name. Information will be given to the party on the method to maintain contact with the commission in order to properly pursue the matter. (2) Upon conviction based upon the information received the party supplying information which leads to such conviction will be transmitted funds determined by a predetermined schedule in the following manner. (a) If the party authorizes the use of his name a check in the appropriate amount will be forwarded directly to the party. (b) If this party desires to remain anonymous a check in the appropriate amount will be made out to the regional enforcement supervisor and the regional manager of the involved region. After endorsement by both parties the check will be cashed and the money delivered by the regional enforcement supervisor and the regional manager to the party at a mutually agreeable time and place. (3) Payment for information received which leads to a conviction will be according to the following schedule. (a) Category I--Conviction for the unlawful taking or attempting to take or possesion of an endangered or threatened species will be $250. (b) Category II--Conviction for selling or attempting to sell or for the unlawful taking or attempting to take or for possession of more than one endangered or threatened species will be $500. (c) Category III--Conviction for either a category I or a category II offense where the circumstances of the case show a flagrant or total disregard for the concept of the threatened or endangered species program, payment if an amount to be determined by the commission on an individual case basis. Specific Authority: Art.IV, Sec. 9, Fla. Const., 372.021, F.S. Law Implemented; Art, IV, Sec. 9, Fla. Const., 372.073, F.S. History: New--10-23-79, Amended 7-1-83 39-28 Omitted. 0 44 ANAL SlTVMVW Ot Nrfr-,i awl reverse 'Iff"JiM, ;0#01 rewore volonsurtity =11(111V1puwi4+fsA ArArt-w fut4*,.tJ1* ;It'd A Arse) r%posuohng .mtsIA- ltw ollwIrtme msiss 0TW thaptet aml dir At( kliafifw 14wi,41) tivi. sit Ctostowfir til f1trishmit tht S1,11trolirld 041MI0NY awl lowiNmr h4uld in flit Att. It iv ifir ingrof s*f tl@r of 414,Y11111firt 1114t shf-r umRinklikit flexthili Within t4k. liows, �4 Aw A0w. yri 4r1ruir prosedures; consktrot with (hie ft",d to alsprist pArn6al at) irams, recipients, tr I policy g4ftVCftjjnR adMiniSjr,3;k1o Of %(W Program, Sjwifir Awbori- 290 045 FS L&ft @ Implimented MOO, 12013f$)(a) FS. Ifistor3-New Amendrd 1-2-53, 4Coamunit). Affairs fjD4CA) has ken designated as the r! We agency to admixtisler the Small t. 0C0DR0G Program, 8"C F;Wida 4DePATWAtnt Of 8CAWnIPMt ff4D4C) has been assigned the respon sibilit y for the Economic 1)CvVh)PMe"1 P"1pp1pplf this Program, auttwity, to Promulgate rules'. category of' the SMAIJ 0CitiC% C;j)O4G P1E48*r4M Paftikk*tU to 'Chapfer 83-205, SeCUOU 14, LAWS of Florida, #Ad as forther specified in (1w 10%exasency Agreement executed by the two Ot it. agewtes on August )6, 198), (2) The Housing Art,& Urban Rural Rctmery Act of 198), which amends further OLO6M 2OYAA8M8T PROGRAM - Ti%2k I of time Housing and 8Cmni;vsunity ECONOMIC 209VEL8O8ME8wr 20"*toPVkjtAt Ati of 144N. reuires that 4CA7818G8ORY st-Ates tilt Small Cities 2C8D8O8G Pfogram Versify to tht 4"0Mwing. 8"CO1 Purpose. The purpose of this (a) The State has Consulted with hxal tf@a6rtr it to Provide prooedom for the tlecked O8f8f8iemls from among units of general 2Mpanment of t:ommerct's impitmemation kwal government locaxe4 in notwatitternew and administration of the Economit areas of The State in dr(crinining the Inelbod tstyelo8prm) portion of tilt F$orida Small of distribution for nontmider""i Cities 6COMMOnor 8Devrkopment J2*k C.r0munity 8Developmm-hl Block Grant Craot Pr&gram Aet, 0Chapmr a3-4M, Lawt 6Nrhs 0oscsittil iih the Fin;rl Swoment, of Florida. 'nix Act gives the 4Drpariment of (h) Tht State lhas fur*ished citiztAl ot, as Commerre the authority to Administer and alverepriatt, units of general local implment ibe Economic Development govtnimtot 8Womation rancerning the category of the Small Cities 8C13B4O Program #mount of funds availab$e for propo,14!4 104 sets forth guidelines for the distribution community 0&VOlopmrm, econamtr of find-, in tht form of grants to units a( devt1opristist and housissg activities, anil the getteral local government as is 3"Iberized by range of activitits that may be undtrtaken, T8W 1 0( the Houltiag AM c4ww"OMIV 1011-44113f ktsc ZsAimalrd Asnursl of funds Development Act of 1974, as ansrsti4W (42 lj@ propowd to be k4std (-vs, @stsiviiirs that W8W S. C. Section S301 ti se.). 118C in-tent of the betsefil Persons of low and Moderate i0comt 2Mr2Wa Act is to proviile loc-at gowrnmrnis And the pfans. sf the State (w suinimi 2"Al with the means to un4triake community d' I cement of pemorts as a 11180 0 126 s-16.02 1984 ANNUAL SUPPLEMENT 111 113 1984 ANNUAL SUPPLEMENT 8-16 activities assisted with such funds and plans planning for community developments (a) CDBG funds are used to pay the the development, administration, and to assist persons actually displaced as a result activities. proportion of such fee or assessment that implementation of the Economic of such activities. (l) The State provides or will provide relates to non-CDBG funding; Development Program category. Other (c) The State has published a proposed technical assistance to units of general local (b) The local government certifies to the subcommittees may be formed as necessary. statement in such a manner as to afford government in connection with community State that, for the purposes of assessing (3) Travel. Subject to availability of affected citizens or, as appropriate, units of development programs. properties owned and occupied by low and funds, members may be reimbursed for travel general local government an opportunity to (m) The State has developed a moderate income persons who are not to attend meetings or for other legal purposes examine its content and to submit comments community development plan for the period persons of very low income, the local as authorized by the Secretary of Community on the proprosed statement and on the selected by the State of up to three years government does have sufficient funds to Affairs according to Section 112.061, Florida community, economic development, and which identifies community development pay the proportion of such fee or assessment Statutes. housing performance of the state. and housing needs and specifics both that relates to non CDBG funding. (4) Meetings. Meetings will be called (d) The State has held one or more public short-and-long-term objectives that have Specific Authority 290.045 FS. Law Implemented the Chairperson as needed. hearings to obtain the views of citizens on been developed in accordance with the 290.043 FS. History-New 12-19-83. Amended (a) Prior to each meeting, an agenda will community and economic development and primary objective and the requirements of 1-2-85. be prepared by the Chairperson and housing needs. Title I of the Housing and Community 8-16.03 Florida Small Cities distributed to each Advisory Council (e) The State has made the Final Development Act, as amended. Community Development Block Grant member. Requests for consideration and Statement available to the public. (n) The State will require each unit of Advisory Council. inclusion of agenda items must be received by (f) The grant will be conducted and general local government funded with (1) Purpose. To review and make the Chairperson no later than two weeks administered in conformity with Public Law CDBG funds to identify community recommendations on program policies prior to the meeting date. 88-352 (Title V1 of the Civil Rights Act of development and housing needs, including related to program implementation, (b) All meetings will be open to the 1964) and Public Law 90-284 (Title VIII of the needs of low and moderate income administration, and distribution of funds public, and will be noticed as required by the Civil Rights Act of 1968), and that the persons, and the activities that will be among program categories. Chapter 120, Florida Statutes. State will affirmatively further fair housing. undertaken to meet such needs. (2) Composition. The Advisory Council (c) Written minutes of all meetings will (g) The State will also provide citizens or, (o) The State will not refuse to distribute shall be composed of elected and appointed be maintained by the Department of as appropriate, units of general local funds to any unit of general local government local officials from eligible local governments Community Affairs. government with reasonable access to records on the basis of the particular eligible activity of the State, representatives of organizations (d) A quorum will consist of six memebers regarding past use CDBG funds. selected by such unit of general local knowledgeable and experienced in serving and the Chairperson present after due notice. (h) The projected use of funds has been government to meet its community the needs of low and moderate income Specific Authority 290.045 FS. Law Implemented developed so as to give maximum feasible development needs, except that this may not persons, minorities, and other individuals 290.043 FS. History-New 12-19-83. Amended priority to activities which will benefit low be considered so prevent the State from knowledgeable about community and 1-2-85. and moderate income families or aid in the establishing priorities in distributing funds economic development. 8-16.043 FDC Grants Review prevention or elimination of slums and blight on the basis of the activities selected. (a) Appointment. The Secretary of DCA Committee. and the projected use of funds may also (p) The State will require each unit of shall appoint seven members to the Advisory (1) Purpose and Process. To advise the include activities which the State certifies are general local government requesting funds Council and the Secretary of FDC shall Secretary of Commerce on CDBG economic designed to meet other community through the CDBG Program to certify that appoint four members, for a total of eleven development grant awards. FDC staff shall development needs having a particular such unit of general local government will: members plus the chairperson. The Advisory review submitted applications for urgency because existing conditions pose a 1. Minimize displacement of persons as a Council shall be chaired by the Secretary of completeness, accuracy, and eligibility; serious and immediate threat to the health or result of activities assisted with CDBG Community Affairs or a person designated eligible applications will be scored according welfare of the community where other funds; by the Secretary of Community Affairs. to rule criteria and presented to the Grants financial resources are not available to meet 2. Conduct and administer its program in (b) Term. Members shall serve for a term Review Committee. The Grants Review such needs, except that the aggregate use of conformance with Public Law 88-352 (Title of one federal Fiscal Year and may be Committee shall be responsible for reviewing the State's CDBG funds received by the State VI of the Civil Rights Act of 1964) and Public reappointed without limit to the number of and evaluating the eligible applications and during the period of Federal Fiscal Year Law 90-284 (Title VIII of the Civil Rights terms served. based thereon shall make award 1984 shall principally benefit persons of low Act of 1968), and that it will affirmatively (c) Compensation. Members shall receive recommendations to the Secretary of and moderate income in a manner that further fair housing; no compensations for services, but may be paid Commerce. The Grants Review Committee ensures that not less than 51 percent of these 3. Provide opportunities for citizen for travel in accordance with Section shall consider whether the CDBG funds funds arc used for activities that benefit such participation, hearings, and access to 8-16.03(3) of this rule. being requested for project and persons. information with respect to its community (d) Replacement. A council member may administrative costs are reasonable and (i) The State will also provide citizens or, development program, including be removed when, in the judgment of the necessary to carry out the proposed as appropriate, units of general local amendments to same, that are comparable to Chairperson, continued absences or conduct program's objectives. In the event that an government with reasonable notice of, and an those required of the State; impair the performance of the Advisory application funding request is determined to opportunity to comment on, any substantial 4. Not attemps to recover any capital costs Council. Replacements will be chosen in be either an amount excessive or deficient of change proposed to be made in the use of of public improvements assisted in whole or accordance with Section 8-16.03(2)(a) of this the amount necessary to complete the project CDBG funds in part with CDBG funds by assessing any rule. activities contained in the application, the (j) The State will comply with the other amount against properties owned and (e) Subcommittees. The four members Grants Review Committee shall advise and provisions of Title I of the Housing and occupied by low and moderate income appointed to the Advisory Council make adjusted award recommendations to Community Development Act of 1974, as persons, including any fee charged or representing Economic Development shall the Secretary. The Secretary may offer an amended, and with othcr applic able laws. assessment made as a condition of obtaining also serve as a Technical Assistance applicant an award amount different from (k) The State engages or will engage in access to such public improvements, unless Committee for advisory purposes regarding that requested in the application or 8-16.06 1984 ANNUAL SUPPLEMENT 116 recommended by the Grants Review Committee. The Secretary may direct the Grants Review Committee (or its designated representative) to assist an elible applicant in restructuring its program proposal to best meet the programs objectives. (2) Compostition. The FDC Grants Review Committee shall be composed of individual serving in the following capacity: (a) Assistant Secretary of Commerce or Deputy Secretary, who shall act as Chairperson; (b) Director, Division of Economic Development, or Assistant Director, Division of Economic Development; (c) Bureau Chief, Division of Economic Development; (d) Bureau Chief, Division of Economic Development; (e) Florida League of Cities Representative; (f) Community Economic Development Specialist; (g) Community Economic Development Specialist; and (h) Ex-Officio DCA Member (3) Quorum. In order for the Grants Review Committee to offically meet to evaluate applicants and make award recommendations, the ex-officio member, must be present. In addition, at least one of those four members must not be employed by the FDC. Specific Authority 290.045 FS. Law Implemented 290.043 FS. History-New 12-19-83, Amended 1-2-85. 8-16.05 Funds Availablilty. The amount of funds available shall be that amount allocated each federal fiscal year to the State of Florida by the Federal Government under the Housing and Community Development Act of 1974, as amended, and as approved through the State budget process. Specific Authority 290.045 FS. Law Implemented 290.043 FS. History-New 12-19-83. Amended 1-2-85. 8-16.06 Definitions. (1) "FDC" means the Florida Department of Commerce. (2) "DCA" means the Department of Community Affairs (3) "Administrative Costs" means all reasonable costs of management coordination, monitoring and evaluation, and similar costs and carrying charges to the planning and execution of economic development activities funded in whole or in part under the Florida Small Cities Community Development Block Grant Program whether charged to the program on a direct or indirect basis Administrative costs as defined under this subsection shall include all eligible general administrative costs as outlined in Section 105(a)(13) of Title I of the Housing and Community Development Act of 1974, P.I. 93-383, as amended, and 24 C.F.R. Section 570.206. The total amount of funds allowed to be applied toward the administrative costs of state administered programs is 20 percent. This includes both state and local administrative costs. A two percent cap placed on state administrative costs allows local governments to use up to 18 percent. However, Chapter 83-205, section 12(3), Laws of Florida (1983), has set aside one percent of CDBG funds for Regional Planning Councils to provide assistance to eligible local governments in planning local community development activites. This one percent set-aside must be considered, as required by federal law, as administrative costs. As a result, no more than 17 percent may be budgeted for local government heneral administrative expenses. (4) "Secretary" means the Secretary of the Florida Department of Commerce. (5) "Low and Moderate Income Families" means "lower income families" and "very low-income families" as defined under the U.S. Department of Housing and Urban Development (HUD) Section 8 Assisted Housing Program. A lower income family is a family whose annual income does not exceed 80 percent of the median income for the area, as determined by HUD. A very low-income family is family whose annual income does not exceed 50 percent of the median income for the area as determined by HUD. These income figures, updated on an annual basis, will be developed by HUD and provided by the State to its applicants and recipients. (6) "Low and Moderate Income Persons" means members of families or unrelated individuals whose incomes are within the limits of "lower income families" and "ver low-income families" as defined in Section 8-16.05(5) of this rule. (7) "Funding Cycle" means the annual basis upon which applications will be accepted and reviewed and grants will be awarded by FDC. (8) "HUD" means the U.S. Department of Housing and Urban Development. (9) "CDBG" means the State-administered Small Cities Community Development Block Grant Program. (10) "Art" means the Florida Small Cities Community Development Block Grant Program Act. Chapter 83-205, Laws of Florida, codified in part as Sections 290.041-290.049, Florida Statutes. (11) "Community Development Program" means the annual program of projects and activities to be carried out by the applicant with funds provided under the Act and its implementing rules. (12) "Program Year" means the 18-month period following the initial receipt of grant funds, during which all community and economic development activities must be completed. (13) "Fiscal Capacity" or "General Tax Effort" as a measure of community need means the general capacity of a local government to generate revenues to provide basic and necessary services to its citizens. (14) "Permanent Full-Time Equivalent jobs" menas the total number of jobs created or retained as a result of the project. To convert any part-time jobs to full-time equivalent jobs, add the total number of hours to be worked by all part-time employees for a one-month period, and divide by 174 hours. (15) "Construction Jobs" means the total number of jobs created which are dependent on, and time limited by, the duration of the project. (16) "Retained Jobs" means the total number of jobs "maintained" or "saved" as a result of the project. Jobs are considered retained when, without the project, those jobs would be abolished by layoffs, plant closings, or other severe economic or natural conditions. (17) "Net Jobs" means the total number of jobs created by an intrastate relocation of an employer minus the number of jobs lost in the jurisdiction from which the employer's move originated. (18) "Chief Elected Official" means a person designated by State law and/or local ordinance to legally lind the local government. (19) "Program Income" means interest earned on CDBG funds prior to disbursement in accordance with OMB Circular A-102, Attachment E, "Program Income", and 24 C.F.R. Section 570.506, "Program Income", Any principal and interest received from the repayment of a loan made with CDBG fund shall be used solely for economic development activities as prescribed in 24 C.F.R. Part 570 and this chapter. (20) "Project" means the activities described in a local government's application which are proposed to be carried out to meet the objectives of the CDBG program. Specific Authority 290.045 FS. Law Implemented 290.045 FS. History-New 12-19-83, Amended 1-2-85. 8-16.07 Eligible Applicants. (1) General. Eligible applicants include units of general local government which qualify as eligible to participate in the Florida Small Cities Community Development Block Grant Program in accordance with SEctions 102(a)(1) and (7) of Title I of the Federal Housing and Community Development Act of 1974, as amended, and applicable federal regulations. Eligible applicants are imcorporated cities and counties, excluding: (a) Those metroploitan cities and urban counties eligible to participate in the CDBG Entitlement program of U.S. HUD, and (b) Cities participating in an urban county's CDBG entitlement program. Those cities which have elected to withdraw from the urban county's entitlement program in order to compete in the State CDBG Program may apply for State Program funds if they are in the final year fo their three year cooperation agreement with the urban county and if all city CDBG projects funded by the bounty ar at least 75 percent expended. (2) Interlocal Agreements. When proposing to conduct a project in the jurisdiction of anouthe local government, Applicants must execute an interlocal agreement authorizing the work to be performed. A project conducted outside an applicant's jurisdiction must benefit the persons residing within the applicant's jurisdiction. (3) Joint Applications. Local governments, including counties, may submit joint applications which address problems shared by the local fovernments. A joint application must address a common problem, the solution to which requires the mutual action of the joint applicants. A written interlocal agreement sall be submitted with the application. The purpose of the agreement is to delineate the responsibilites and authorities of each participating local government with respect to the application and grant.The Agreement must be in accordance with 8-16.09 1984 ANNUAL SUPPLEMENT cooperate in undertaking the grant program and implementing the certifications submitted with the application. The agreement must authorize one of the participating local governments to submit the application as the lead agency and may include other responsibilities and obligations to which the participating local governments agree. (4) Multiple Projects. Eligible applicants may apply for a grant for an economic development program which includes more than one project. However, all projects must contain eligible activities and each project must meet threshold requirements. Specific Authority 290.043 FS. History-New 12-19-83. Amended 1-2-85. 8-16.08 Economic Development Program Activities. (1) Eligible Activities. "Eligible activities" means those economic development means those economic development activities authorized in Section 105(a) of Title I of the Housing and Community Development Act of 1974, as amended, and in regulations regarding the Federal Community Development Block Grant Program contained in Sections 570.200 through 570.206 of Title 24 of the Code of Federal Regulations. Assistance to private, for-profit entitles are eligible when necessary or appropriate to carry out an economic development project. No activity included in Section 105(a) of Title I shall, in and of itself, be considered ineligible. However, this does not prevent the State from establishing priorities among the types of activities funded. Eligible activities may include: (a) Acquistion of real property; (b) Acquistion, construction or rehabilitation of commercial and industrial buildings and structures; (c) Purchase of machinery and equipment with a useful life of at least five years; (d) Energy conservation improvements designed to encourage the efficient use of energy resources, and (e) Public, commercial or industrial real property improvements, including railroad spurs or similar extensions, tied to a specific projects. (2) Ineligible Activities. Ineligible activities will be determined by the FDC utilizing the guidelines contained in Title 24 of the Code of Federal Regulations, Section 570.207; however Community Development Block Grant funds cannot be used for working capital, inventories or deta refinancing. Specific Authority 290.045 FS. Law Implemented 290.043 FS. History-New 12-19-85. Amends 1-2-85. 8-16.09 Distribusion of Funds. (1) Eligible local governments, including those which have previously applied for planning assistance on behalf of a regional planning council pursuant to chapter 83-205, Section 12(3)(4), Laws of Florida may apply up to three times in any one phase of the annual funding cycle for an economic development grant, but shall receive no more than one of these grants per annual funding cycle pursuant to Section 290.046 (2)(b) Florida Statues. (a) FDC will distribute at least 20% of the total funds available for economic development grants in each of the three phases held annually provided that the amount requested in the eligible application equals or exceeds 20% of the total funds FDC may distribute up to 40% of the total funds in each of funding phases one and two of the annual funding cycle; FDC has the option to distribute all of the remaining dollars to fund eligible applicants in phase three of the annual funding cycle. (b) Applications for economic development grants may be submitted to the FDC at any time during the federal annual funding cycle, and such applications will be reviewed in accordance with three formal review phases. Submission deadlines for meeting these review phases shall be established by the FDC. Any deadline changes will be noticed to eligible local governments at least 45 days in advance. (2) Grant Size. Grant ceilings established by the FDC in this section relate to the population size of the applicant. Grant ceilings establish limits on the amount of funds that may be requested by communities of given sizes based on the most curresnt available U.S. Census of Population counties. Joint applicants will base their grant ceiling on the population of the larger of the two applicants. Population Grant Ceiling 1-2,999 600,000 3,000-9,999 675,000 10,000-above 750,000 There is no minimum amount for which a community may apply or be awarded funding. The FDC will consider the applicant's need, ability to carry out the proposed activities when making awards. (3) Competition. Within Population Groups. All applicants will compete for funding within population groups. The population groups will be the same as those for grant ceilings established in Section 8-16.09(2) of this rule. Upon submission of an application for funding, applicants will be evaluated in comparison with other applicants competing within the same population group. Competion within population groups will occur with respect to prgram impact criteria and outstanding performance in equal opportunity in employment and housing. The highest scoring application within the economic development category and population group will serve as the standart against which others will be rated on program impact criteria and equal opportunity. Specific Authority 290.045 FS Law implemented 290.043 FS History - New 12-19-83, Amended 1-2-85. S-16.10 General Application Precedures and COntents (1) Submission of Applications. Applications for economic development grants may be submitted at any time during the annual funding cycle. However, FDC shall establishe deadlines for submission of applications consistent with three formal review phases. Submission schedules will be announced by publication in the Florida Administrative Weekly at least 45 days in advance of the deadlines. Any amendments to the submission deadlines wil be noticed to eligible local governments at least 45 days in advance of the deadlines. If hand delivered, applications must be received by FDC in Tallahassee by 5:00 p.m. on the deadline date; if mailed, application must be legibly postmarked by midnight of the deadline date. Applications which do not meet these deadlines can be considered during the next review phase if resubmitted by the applciant. No waivers will be granted by the FDC for applications that do not meet the established deadline date. (2) Omissions from Applications. Materials and information necesary to assess the quality and feasibility of a project proposal omitted from a submitted application may be added to the application package until the application submission deadline date. It will be rhe responsibility fo the applicant to assure receipt of the additional material by the application submission deadline date. (3) Technical Assistance. FDC staff is available to assist eligible local governments with the development of their proposed projects proir to the application submission deadline date for each phase and during scheduled workshops. Staff will cease to provide technical assistance for submitted applications once the phase submission deadline has passed. However, technical assistance regarding a submitted project proposal may resume once official notification of grant awards for the respective phase has been completed. (4) Recipient Implementation Guide. A recipient Implementation Guide will be developed by DCA to provide guidance to grant recipients in the implementation of their Community Development program. (5) Applicant Manual. The FDC shall publish a manual that contains application forms, instructions, procedures, application schedules , selection criteria, certification requirements, applicable laws and regulations, and other information pertinent to the review and scoring of applications. The FDC hereby adopts by reference the 1984-85 Applicant Manual as part of this chapter. (6) General COntents. Selection of grantees will be based primarily on information contained in the applications; thus, applicants must provide sufficient information for the FDC to rate them against the selection criteria. At a minimum, applications must contain: (a) A summary page which identifies the applicant and briefly describes the program proposed in the application and cost of the project; (b) A narrative statement describing the need for the proposed economic development project or projects to be carried out w with CDBG assistance, the needs each project will address, and the anticipated results of each project; (c) A narrative description of the applicant's community development and housing needs on a community-wide basis, including the needs of low and moderate income persons, and a summary of the extent to which the proposed project will directly benefit low and moderate income persons; (d) A project budget that estimates the total cost of the project, general administrative expenses at 17% of less and 8-16.10 1984 ANNUAL SUPPLEMENT 120 the amount of CDBG and other private or public funds required to carry out the project; (e) A schedule indentifying the estimated completion date of the project, and key milestones; (f) A management plan descriging the roles, responsibilites, and qualifications of all personnel which will be involved in the local program; (g) Maps showing the location of the proposed projects and activities and the general location of the project in the community; (h) Other information appropriate for evaluating the proposed projects; (i) Expenditure projections; (j) Relationship of projects to statutory objectives; (k) Certification fromthe Chief Elected Official that the program will be carried out in a manner consistent with all relevant federal and State laws, regulations, and Executive Orders; (i) Business plans and financial statements of all participating private entities being assisted by a proposed project; and (m) Any and all information necessary to establish whether the threshold requirements have been met. (7) Past Performance. As pe the Interagency Agreement between the Department of Commerce and the Department of Community Affairs, dated August 16, 1983, the Department of Commerce shall determine if the applicant has performed satisfactorily in carrying out past CDBG funded activites prior to approving an application for a grant. The FDC may examine the following areas in making this determination: (a) Audit and Monitoring Findings. When examining past performance, FDC will consider all outstanding or unresolved audit and monitoring findings for previous HUD-funded programs. Apllicants must complete a status report for each CDBG grant not closed out. Applicants are required to identify any outstanding monitoring or audit finding giving the nature of the findings, actions that have been taken to resolve the findings, and the current status of such findings (b) Rate of Progress in Achieving Objectives. All applicants with open HUD or State funded CDBG programs must submit a status report in the form prescribed by the FDC which shows the applicant's rate of progress in meeting program objectives. The applicant should also submit, if available, the program schedules approved by HUD or the State for previous grants and show what progress has been made in meeting the various milestones and expenditure projections. (c) Rate of Expenditure and Obligation of Funds for Previously Funded CDBG Programs. All applicants in the HUD or State Small Cities program must have achieved the following rate of progress in expending and obligating CDBG funds by the time applications are submitted to FDC for consideration. FY 75-79 program completed and closed out FY 80 85% of funds drawndown or obligated. FY 81 75% of funds drawndown or obligated. FY 82 65% of funds drawndown or obligated. FY 83 rate of progress meeting or exceeding the program schedule approved by HUD or the State (d) New Applicants. Those applicants that have never received CDBG funds previously will not be examined for past performance. However, the management plans and work plan schedules of such applicants will be carefully screened to ensure that adequate plans have been made for the successful implementation of a grant (e) Score Reduction. Up to 30 percent of the applicant's total score will be deducted if one or more of the following conditions exist for the last previously funded HUD or State CDBG grant: 1. Outstanding or unresolved HUD or State monitoring or no resolution has been proposed. 2. Outstanding or unresolved audit finding for which inadequate or no resolution has been proposed. 3. Outstanding monetary obligation to HUD or the State as a result of monitoring or audit finding. 4. Rate of expenditure and obligation of funds does not meet those prescribed by the FDC in Subsection (7)(c) of this section 5. Rate of progress in achieving object and output does not meet those prescribed by the FDC. Specific Authroity 290.045 FS. Law Implemented 290.043 FS. History--New 12-19-83, Amended 1-2-85. 8-16.11 Selection System Considerations for All Program Categories. Applications will be rated and scored against three basic program factors. The various measures and criteria set out herein appropriate to each factor will be used by the FDC in evaluating applications and assigning scores. The maximum total score possible is 1,000 points. The program rating factors against which applications will be rated and scored are: Program Rating Factors Points Community Wide Needs 400 Program Impact 500 Job Creation- Retention 70 Low and Moderate Income Benefit 210 Ratio of Other Funds to CDBG Funds 50 Relationship of Requested Funds to Results 120 CDBG Dollars Per Permanent Jobs 50 Outstanding Performance in Equal Opportunity Employment and Promoting Fair Housing 100 Total Points 1000 Specific Authority 290.045 FS. Law Implemented 290.043 FS. History--New 12-19-83, Amended 1-2-85 8-16.12 Threshold Requirements. All Economic Development applications submitted to the FDC will be reviewed for completeness, accuracy, and eligibility before they are rated for their program impact score. The following areas will be included: (1) Application Completeness. Applications will be screened for completeness, and applications which do not contain all items specified in Section 8-16.10(5) and (6) will not be rated for funding. (2) Need for Assistance to Private for-Profit Business. Applications for grants to assist private for-profit businesses must contain evidence to demonstrate that without such pubic assistance the creation or retention of such jobs would not occur. This evidence should indicate the problem, how the project will help solve the problem, what alternatives have been attempted, and the consequences of inaction. The applicant must certify that the amount of CDBG funds being requested to assist businesses is necessary or appropriate and that the applicant has carried out an analysis of the businesses' needs, including a calculation of the minimum amount of CDBG funds necessary to accomplish the economic development objective. Applications which do not provide sufficient justification of this need will not be considered. (3) Financial Feasibility. A financial feasibility to determine if the applicant has the ability to meet the proposed debt service, give historical data and reasonable projections of revenues and operationg expenses. If the project is ab business startup, sufficient market data and feasibility data must be provided to substantiate that projections of revenues and expenses are reasonable. If the proposed project is for assistance to a private for-profit business in the form of a loan, certain minimum requirements will be required including, but not limited to: a current financial statement, historical finanacial information, and projections. All loans made to private businesses must include a "due on sale" provision, and the term of the loan may not exceed the life of the assets for which the loan was made. Applications which fail to demonstrate the ability to meet the proposed debt service will not be considered. This determination will be based primarily on the information provided by the applicant in the business plan. (4) Strenght of Commitment. Applications must contain legally binding commitments from financial institution, lessors, and other participants in the project without whom the project could not be completed as proposed. Applications without commitment documents will bot be considered. (5) Benefit to Low and Moderate Income Persons. As a minimum of standard cirteria, one permanent job equivalent for each $12,000 dollars of CDBG funds must be created and/or retained. At least 51 percent of the jobs created by a project assisted with CDBG funds must be for low and moderate income persons. Applications must contain sufficient information to assure that at least 51 percent of jobs created and/or retained are for low and moderate income persons residing in the applicants's jurisdiction. This information must be presented in a hiring plan which specifies a timetable and designates which jobs will be by 8-16.12 1984 ANNUAL SUPPLEMENT 123 low and moderate income persons. Applications not meeting this requirement will not be considered (6) Leveraging of CDBG Dollars. The ratio of the total dollar amount of all toher funds to CDBG funds to bused or proposed to be used must be at lest 2:1. The other funds used to meet the leerage requirement shall constitute newly created investments directly linked to the proposed project. Applications which do not meet this leveraging requirement will not be considered. (7) Evidence of Citizen Participation. The applicant will provide a certification signed by the Chief Elected Official that the local governement has complied with the citizen participation requiremtns outlined in Section 290.046, Florida Statutes. The local citizen advisory task force mandated in Section 290.046(b), Florida Statutes, is to be established prior to preparation of the application to involve citizens in the developmental stages of the proposal. Applicants must also funish to citizens information on the following and demonstrate to the FDC that these requirements have been met: (a) The estimated amount of funds, not less than 51 percent, proposed to be used for activities that will benefit low and moderate income persons; (b) The applicant's plans to minimize displacement of persons and to assist displaced person; (c) Hold a minimum of two public hearings to obtain input from citizens on community development needs and on the proposed application prior to submission to the FDC. Publish notice of public hearings not more than fourteen(14) days prior to each hearing and no less than five(5) days before each hearing in the nonleagal section of a local newspapaer of general circulation. Public hearings must be held on a separte dates; (d) Maintain on file and include in the application to the FDC documentary evidence that the required public noteces and hearings were published and held, including copies of the actual notices with date of publication intact or proof of publication from the publishing newspaper and any comments and views expressed by citizens on the proposed application; (e) Names and addresses of the local citizens advisory task force members; and (f) Insure that the applicant will provide opportunites for citizen participation, hearings, and access to information comparable to the requirements outlined in Section 104(1)(2) of Title 1, as amended. (8) Certification. The applicant will provide additional certifications signed by the Chief Elected Official that: (a) The local government has complied with Titles VI and VIII of the Civil Rights Act and that the local government will affirmatively further fair housing; (b) The local government will minimize displacement of persons as a result of activities assisted with CDBG funds; (c) The local government will provide opportunited for citizen participation, hearings, and reasonable acces to information with repect to its community development program, including amendments; (d) The local government will not attempt to recover any capital costs of public improvements assisted in whole or in part with CDBG funds by assessing any amount against properties owned and occupied by low and moderate income persons, including any fee charged or assessment made as a condition of obataining access to such public improvements, unless: 1. CDBG funds are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are non-CDBG funded;or 2. The local government certifies that in lacks sufficient CDBG funds to pay the assessment against properties owned and occupied by lower income persons who are not persons of very low income to recover the cost of the non-CDBG share of the capital costs of such public improvements. (9) Achievement of National Objectives. An applicant must demonstrate and certify that each of the activities in its proposed program is aimed at achieving one of the three national objectives of the CDBG program. At least 51 percent of the CDBG funds requested for program activites must address benefit to low and moderate income persons. However, meeting the 51 percent funding to benefit low and moderate income persons requirement does not automatically qualify as achievement of the national objective of benefit to low and moderate income families. To meet the national objective of benefit to low and moderate income families. To meet the national objective of benefit to low and moderate income families, the design and primary objective of proposed activities must be principally benefit low and moderate income persons. The national objectives are: (a) Benefit to low and moderate income families; (b) Aid in the prevention or elimination of slums or blight; or (c) Meet other urgent community development needs where there is a serious and immediate threat to the health and welfare of the community, and other financial resources are not available. (10) Preliminary Environmental Assessment and Historical Review Completeness. Applicants are required to conduct a preliminary environmental assessment and preliminary historical resources inventory review to identify potential environmental impacts and the existence of historical properties that might be affected by the proposed project or projects, and complete the appropriate forms in the FDC Applicant Manual. (11) Intergovernmental Coordination and Review. The applicant will submit six copies of the application summary form, maps, Preliminary Environmental Assessment and Historical Review, and narrative description of the proposed activities to FDC. FDC will submit these documents to the state clearinghouses as required by Florida's Intergovernmental Coordination and Review Process. Applicants must also submit a certification that three copies of these materials have been delivered to the regional planning council which has jurisdiction over the applicant. Specific Authority 290.045 FS. Law Implemented 290.043 FS. History--New 12-19-83, Amended 1-2-85. 8-16.13 Community-Wide Needs. (1) General. Applicants need not submit poverty, structure condition, or unemployment data for calculating those portions of the community-wise needs score. The most recent and uniformly available federal and state data for all jurisdictions eligible to apply will be collected and analyzed by the DCA. Current U.S. census data will be used unless otherwise noted. Applicants must provide prior year and current year local government budget information to the FDC as part of the CDBG application submitted to the FDC for analysis of fiscal capacity and in order to receive points for the fiscal capacity portion of the community-wide needs score. Applicable data shall be further defined as: (a) For the city applicants, the data relevant for the entire incoporated area, except for unemployment data which shall be county-wide; (b) For county applications, the data for all unincorporated areas within the county will be used to determine poverty, fiscal capacity and structure condition and data for the total county will be used to determine unemployment data; (c) For joint applicants, data will be averaged for the applicant jurisdiction. (2) Factors. Ten factors will be used to determine the community-wide needs score with the following maximum points availabe for each: (a) Number of persons below poverty (50 points); (b) Percent of person below poverty (50 points); (c) Number of year-round housing units with 1.01 or more persons per room (30 points); (d) Percent of year-round housing units with 1.01 or more persons per room (30 points); (e) Number of year-round housing units with no or 1/2 bath (50 points); (f) Percent of year-round housing units with no or 1/2 bath (50 points); (g) Number of pre-1950 year-round housing units (30 points); (h) Percent of pre-1950 year-round housing units (30 points); (i) Unadjusted unemployment rate average over the past federal fiscal year based on Florida Department of Labor and Employment Security data (50 points); (j) Fiscal capacity score (30 points); (3) Method of Calculation. All jurisdictions eleigible to apply for CDBG funding will be compared on the factors identified in Sections 8-16.13(2)(a--i). Except for unemployment, county data will be compared with city data. Calculating each applicant's score shall include the following steps: (a) The highest statistic for each factor identified in Sections 8-16.13(2)(a--i) shall be the basis for relative comparison of all other jurisdictions eligible to apply. statistic on factor = % to be used as factor multiplier highest statistic on factor (b) For each jurisdictin, the percentage calculated in Section 8-16.13(a) will be multiplied by the maximum number of points available for the particular factor (% x maximum points available = suh score for eligible jurisdiction on that factor). (c) Once applications have been submitted, all applicants that have passed the threshold tests will again be compared on the factors identified in Sections 8-16.13(2)(a--i). The method of calculation will be the same outlined in Sections 8-16.13(3)(a) and (b). (d) After the comparison of applicants on the community-wide need factors identified in Sections 8-16.13(2)(a--i), fiscal capacity subscores will then be calculated for each applicant and the subscores on all factors summed for a final subscore total for that applicant. (4) Data Revisions. Data will be revised no less often than annually for unemployment and fiscal capacity calculations. The most recent and uniformly available census data for all eligible local governments will be used for poverty and structure conditions factors. Specific Authority 290.045, FS. Law Implemented 290.043, FS. History--New 12-19-83, Amended 1-2-85. 8-16.14 Program Impact Criteria for Economic Development Activities. (1) Job Creation/Retention. (a) Significant emphasis will be placed on proposed economic development projects that are directed towards job creation activities that strengthen the local economic base, either by assisting existing businesses to expand or continue production, or attract new businesses to locate within the applicant's jurisdiction. (b) The number of permanent full-time equivalent jobs (excludign constrution workers) created or remained as a result of the proposed project will be prioritized and assigned points accordingly: The highest ranking among applications for the number of full time equivalent jobs will be identified and assigned a score of 70 points. All other applications will be assigned a score based upon their relative position to the highest ranking application as per Section 8-16.14(6) of this rule. In the case of jobs being created due to an intrasate relocation where jobs calculation described in Section 8-16.06(17) will be utilitzed. Benefit to Law and Moderate Income measuring the number of total permance jobs created by the project which will be held by low and moderat income persons. Included in this measurement will be recruiting and/or training of persons from Private Industry Councils/Service Delivery Area (PIC/SDA), The Job Training Partnership Act (JTPA), or other such generally recognized programs. Direct benefit is provided if such persons act permanently employed (excluding construction workers) within twelve months or implementation of project hiring or job retention. (b) A total of up to 210 points are available for applications that demonstrate a signinificant direct benefit to low and moderate income persons. The number of permanent full-time equivalent jobs (excluding construction workers) held by low and moderate income persons as a result of the proposed project will be assigned points as follows: The highest ranking among applications for number of low and moderate income persons employed will be identified and assigned a score of 150 points, and all other applications will be assigned a score based upon their relative positions as calculated pursuant to Section 8-16.14(6) fo this rule. The number of permanent full-time positions held by low and moderate income persons that will be recruited and/or trained from PIC/SDA, JTPA, or other such generally recognized programs will be assigend points as follows: The highest ranking among applications for low and moderate income persons recruited and/or trained will be identified and assigned a score of 60 points, and all other applications will be identified and assigned a score based upon their relative positions as per Section 8-16.14(6)of this rule. (3) Ration of Other Funds to CDBC Funds. (a) The ration of the total dollar amount of all other funds, both public and private, to CDBG funds to be used or proposed to be used must be at least 2:1. Assessment will be made by measuring the ratio of the total dollar amount of all other funds, both public and private, with respect to the requested dollar amount of CDBG funds to be used in the proposed project. The hihger the ration, the greater the leverage of CDBG funds. (b) The application with the highest leveraging ratio will be identified and assigned a score of 50 points. All other applcations will be assigned a score upon their realtie postionts as cal pursuant to Section 8-16.14(6) of this. (4) CDBG Dollars Per Permanent job. (a) This factor measures CDBG funds that will be invested in relation to permanent full-time equivalent jobs created and/or retained. (b) The proposed project will be assessed and assigned point s for minimizing CDBG funds per jobs. The maximum acceptable CDBG dollar cost per job will be $12,000. The project with the lowest CDBG cost per job will be assigned a score of 50. All other applications will be assigned a score based upon their relative postions as calculated pursuant to Section 8-16.14(6) of this rule. (5) Relationship of Requested Funds to Results. The relationship of funds to results will measure the extent to which the amount of funds requested correspnd to the resolution of economic development problems. The proposed project will be assessed by the impact it will have upon the applicant's economic base and unemployment rate. (a) The amount of impact upon applicant's unemployment problems will be assessed by the number of jobs created and/or retained per capita multipleid by the unemployment rate, unadjusted average over the past federal fiscal year, based on Florida Department of Labor and Employment Security data. The higheest ranking among applications for impact on unemployment will be identified and assigned a scor e of 30 points. ALl other applications will be assigned a score based upon their relatvie positions as per Section 8-16.14(6) of this rule. (b) The amount of impact a proposed project will have upon the applicant's tax base will be assessed by the proportion of tax value added by the project to applicant's existing taxable revenus. The highest ranking among applcations for tax value added will be identified and assigned a score of 30 points. All other applications will be assigned a score based uponn their relative positions as calculated pusuant to Section 8-16.14(6) of this rule. (c) Applicant with proposed projects, located in Enterprise Zones approve by the Percentile =Given Applicant Raw Score/Highest Raw Score (d) The precentile score will be converted to represent that percent of the total available points which corresponds exactly with the percentile ranking. Examples: Maximum point available for full-time jobs created and/or retained is Department of Community Affairs,will receive 30 points. (d) Local governments receiving grants will have the optin of requiring thath businesses repay CDBG funds to the local government entiy for use in other economci development projects and activities. The interest rate and terms of such repayment will be at the discretion of the local government except that the term of repayment shall have a direct relationship to the economic life of the assest purchased. Because repayment of CDBG funds for recycling into other economic development projects will provide a greater economic impact over time, aplications requiring repayment will be awarded up to 30 points. Points will be assigned to this criteria based upon the return value of the loan as calculated by the commonly accepted Amoriztation Table. The loan made by the applicant that yield sthe highest annual return of principal and interest in proportion to the total amount CDBG dollars requested will be assigned 30 points. All other applications will be assigned a score based upon their relative postitions as calculated pursuant to Section 8-16.14(6) of this rule. (6) Method of Calculation. All program impact criteria, except the location of projects in Enterprise Zones approved by the Department of Community Affairs, will be scored on a percentile basis. With this methodology, applications can be ranked competively relative to one another on each discrete critson. Calculation fo each applicant's score shall include the following steps: (a) All applications meeting the threshold requirements will be reviewed to determine the degree to which each program impact criterion is met in terms of a raw score,e.g., number of permanent full-time jobs created and/or retained. (b) On each criterion, the application with the highest degree of impact will receive a percentile of 100. (c) All other applications will receive a percentile score derived from raw scores as follows: 70 points. Therefore, to convert the percetile ranking to points, the percentile ranking will be multiplied by 7. Similary , in a criterion worth 50 points, the percentile ranking will be multiplied by .5 convert percentile ranking to points. s-16.17 1984 ANNUAL SUPPLEMENT 1984 ANNUAL SUPPLEMENT (e) Once each item is evaluated, the total 8-16.16 Ties. In the event that two or government receiving funds under this (5) Program Income Recipients shall be points for each application will be summed more applications receive an equal final chapter of its responsibilities in assuring that required to return to the FDC all program and applications will be competitively ranked score, the application demonstratomg the the CDBG program is administered in income realized as a result of any grant made based on point totals. The applicant receiving highest score for benefit to low and moderate accordance with all State and Federal by the FDC from CDBG funds except that the highest number of points will receive the income persons according to rule criteria will requirements. the recipient may, in accordance with the highest ranking. be ranked the highest. (3) Method of Payment, Advance Housing and Rural Recovery Act of 1983, payments will be made by the FDC to Specfic Authority 290 045 FS. Law Implemented Specific Authority 290.045 FS. Law Implemented retain such income if: 290.043 FS. History-New 12-19-83. Amended 290 043 FS History-New 12-19-83, Amended recipients in accordance with U.S. Treasury (a) It was realized after the initial 1-2-85. 1-2-85. Cicular 1075 and Chapter 216, F.S., when disbursements of CDBG funds received from 8-16.15 Performance in Equal 8-16.17 Grant Administration. the following conditions are met: the FDC; and Opportunity in Employment and (1) Grant Award Agreement. (a) The recipient has demonstrated to the (b) The recipient agrees that while it is housing. Ten percent of the total available (a) Upon approval of the application by Secretary, initially through certification in a participating in the CDBG program it will form prescribed by the FDC and utilize program income to continue the same points will be based on performance related the FDC, a written grant award agreement subsequently through performance that to equal opportunity in employment and will be executed between the FDC and the type of activity as that from which such housing in the community. Points will be applicant specifying the terms and conditions procedures have been established to ensure income was derived. Proceeds from the sale of determined as follows: of the grant award. that generally no more than five days time personal property shall be handled in b) These rules, a FDC approved work will elapse between its receipt of funds and its accordance with OMB Circular No. A-102, (1) Employment. Up to 50 points shall be awarded to each applicant based on the plan setting forth milestones, out-puts and disbursement of such funds, except as Attachment N, "Property Management following criteria: expenditure projections, the approved provided under Section 18-16.17(3)(d). Standards". (a) Employing minority persons, as program budget, and any subsequent (b) The recipient's financial management (6) Procurement Standards Recipients evidenced by active recruitment practices, an amendments to the approved application, system meets the standards for fund control shall follow the procurement standards increasing number of minority employees work plan and program budget shall become and accountability prescribed in Attachment established in Attachment O of OMB G of the Federal Office of Management and Circular No. A-102, "Procurement over the past five years, or a comparison of a part of the grant award agreement. Budget (OMB) Circular No. A-102. Standards." and relevant State laws the number of minority employees and the (c) The FDC may condition the initial minority population in the jurisdiction - up receipt of funds and the continued receipt of Revised, "Standards for Grantee Financial applicable to the procurement of supplies, to 25 points; funds in the grant award agreement until the Management Systems" and Section equipment, construction and services. (b) Encouraging minority employment recipient demonstrates, to the satisfaction of 8-16.17 (3)(a). (7) Property Management Standards. through the use of minority contractors, as the FDC, compliance with all applicable (c) No payment from the FDC shall be Recipients shall follow the uniform for in an amount less than five thousand dollars ($5,000 or less for more than five standards governing the utilization and evidenced by an increase in the number of laws, rules, regulations, and guidelines disposition of property prescibed in minority contractors, suppliers, or service governing the program. Attachment N of OMB Circular No. A-102, "Proterty Management Standards". providers utilized or an increase in the dollar (2) Method of Administration department of the local government the (2) Housing. Up to 50 points shall be responsibility to undertake or carry out days to meet daily cash needs. (8) Program Amendments. awarded to an applicant based on its actions specific economic development activities. (e) All requests for advance payments must meet immediate disbursing needs. The (a) The recipient may amend any grant relative to the following criteria: The recipient may also, by written timing and amount of cash advances shall be budget line item, increasing or decreasing it, (a) Adoption of a fair housing ordinance agreement, designate one or more as close as feasible to the actual disbursement by the reciepient except as described in Section by up to ten (10) percent if the amendment (b) Documentation of efforts to publicize governments, to undertake or carry out 8-16.17(3)(d). does not change the impact on direct the ordinance and make its provisions known economic development activities for the (f) Recipients who do not meet or adhere beneficiaries of the project and if the to residents and housing providers - 25 recipient. All autonomous public bodies so to the conditions in Section 8-16.17(3) of this cumulative effect of a number of such percent; designated shall be considered subrecipients. rule will receive grant payments on a recipient rile (c) Existence of an enforcement system to designated shall be considered subrecipients. rule will recieve grant payment on a implement the ordinance- 15 percent; reimbursement basis rather than on an (b) Recipients may contract with any advance funding basis. person, association, or corporation in changes does not exceed ten (10) percent of implement the ordinance - 15 percent; person, association, or corporation in advance funding basis. reports to be s (d) Provision of housing choice outside undertaking specified economic development (4) Financial Management. Recipient's the total approved grant amount. All such areas of minority and low and moderate activities. All contracts shall be made in financial management systems shall provide amendments must be documented in the income concentration - 10 percent- and conformance with the procurement for accurate, current and complete disclosure recipient file and be accounted for in (e) Written evaluation of local building standards set forth in Section 8-16.17(6) with of all financial records for each economic subsequent periodic and other required and land use regulatory practices for effects the exception of the selection of subrecipients development project. Each recipient shall be reports to be submitted to the FDC. upon housing affordability and availability as described in Section 8-16.17(2)(a). required to maintain a financial (b) Prior written approval from FDC of and written strategy of positive actions to be (c) Subrecipients undertaking or carrying management system which complies with U. amendments must be obtained when: out ecomomic development activities shall do S. Treasury Circular 1075, OMB Circular 1. The recipient proposes to change the taken to reduce identified discriminatory approved grant budget line item by more practices and create affordable housing so in conformance with Sections 8-16.17(3) No. A-102, Attachment G, "Standards for than ten (10) percent. opportunities - 25 percent. through (12) and all applicable state and Grantee Financial Management Systems", 2. The recipient proposes to add or delete any activity or activities; change the scope objectives or scale of the program or individual projects; or impact beneficiaries of previously approved activities. Specific Authority 290 045 FS. Law Implemented federal laws, rules, and regulations. 290 043 FS History New 12-19-83, Amended (d) Designations and contractual Principles Applicable to Grants and 3. The cumulative effect of a number of 1-2-85 arrangements as authorized under this Contracts with State and Local the unit of local section shall in no way relieve the unit of local Governments." grant budget line item changes involving the approved activities exceeds ten (10) percent of the total approved grant amount. 8-16.17 1984 annual supplement (c) All amendments requiring prior Development Block Gram Recipients", US approved application, and any subsequent displacement and relocation policy available written FDC approval must be reviewed by General Accounting Office (Gao) amendments, the3 grantaw agreement and in the public. the Citizen Advisory Task Force required in "Standards for Audit of Government requirements of the Act, this chapter, other Specific Authority 290045 FS Law Implemented Section 8-16 12(8), must involve at least one organizations, Programs, Activities and applicable laws and regulations, and 290045 FS. History New 12-19-83, Amended public hearing to consider comments and Furtions," any compliance supplemtns prescribed guidelines and requirements of 1-2-85. wiews expressed by citizens on the proposed approved by OMB, and generally accepted the FDC. 8-16-18 Compliance Requirements, amendment prior to submitting the auditing standards established by the 2. The FDC will review each recipient's Certain federal and State laws and amendment to the FIX: for approval, and American Institute of Certified Public performance in accordance with applicable regulations aer appliable in part or in the whole have the approval of the local government Accountants. portions of 24 C.F.R. Section 570.909. to the Florida Small Cities CDBG program. (d) All requests for program amendments (c) The FDC may undertake such further "Secretarial Review of Recipients To assist recipients in meeting the applicable submitted to the FIX: for approval must or additional audits as determined necessaryPerformance." requirements, the Department of Commerce include the following . or approporiate. 3. The FDC's review of the recipient's will provide guidance and technical 1. Copy of the current budget and (11) Grant Closeout. The FDC will performance shall include site visits as assitance. The applicable laws and proposed changes; advise the recipient to initiate closeout frequnecy as practicable to evalute regulations include as a minimun, but are 2. Detailed nattative description of the procedure when the FDC determines, in program accomplishments and management not limited to: proposed changes and their effect upon the comsoltration with the recipien, that there areand fiscal comtrol systems. FINANCIAL MANAGEMENT approved project; no impediments to closeout and that the 4. Recipients will be required to supply (a) Cost Principles Applicable to Grants 3. Maps showing any change in location; criteria prescribed in 24 C.F.R. Section data and make available records as are and Contracts with State and Local and 570.512, "Grant Closeout," have been met. accessaty for the accurate completion of the Governments, OMB Circulat A-87; 4. Signature of approval by the Chief (12) Performance. evaultion. (b) Evaluation, Review and Elected Official of the rcipient on a form (a) Reporting. Upon completion of the (d) Remedies. When the FDC Cpprdomatopm of Federal and Federally prescrived by the FDC. activities contained in the recipient's CDBG determines on the basisi of a review of the Assisted Programs and Projectsm OMB (9) Recordkeeping. Recipients shall application includingt any amendments or recipient's performance that the objectives of Circular A-95, Attachments A,B, and C; maintian records adn supporting documents upon the submission o fa subsequen the program as described in the application (c) Uniform Adminstration for self-monitoring and State and federal application to the FDC, whichever is earlier,have not been met, the FDC may take one or Requirements for Grants-in-Aid to state and monitoring in accordance with 24 C.F.R. the recipient shall submit to the FDC a more of the actions prescribed in 24 C.F.R. Local Governments, OMB Circulat A-120 Section 570.907, "Records to be maintained performance status report comtaining Section 570.910(b), "Corrective and Revosed, Attachments A-O; by the Recipient", and Section 570.510, completed copies of all forms and narratives Remedial Actions," and Section 570.911; (D) Letter of Credit Procedures, HUD "Revenuin of Records," OMB Circular No. prescribed by the FDC. "Reduction or Withdrawl or Grant." Handbook 1900.23 REV; A.102, Attachment G, "Retention and 1. The recipient shall make the report (c) Administrative Hearings. The (e) Close-out Procedures for Custodial Requirements for Records." available to citizens at no charge and shall provisions of Chapter 120.57, Florida Discretionaty Grant Recipietns, HUD (a) All recored shall ve sufficient to make public notice of the report and in Statues, shall be followed when recipients Handbook, 6505.3; determine compliance with the requirements availability at the time it is submitted to the tonlest FDC actions with respect to this (f) Guidelines for Financial and and primary objectives of the CDBG FDC. chapter or when the FDC takes action Compliance Audits of Federally Assisted Program and all other applicable laws and 2. Recipients shall also submit such against a recipient. Programs, GAO Stock, 020-000-00181-0. regulations. reports as may be necessary, pursuant to 24 (d) Displacement and Relocation. EQUAL OPPORTUNITY (b) The Secretary of the Department of C.F.R. Section 570.906(b), "Performance Report," 1. Recipients causing direct or indirect (a) Title VI of the Civil Rights Act of Commerce, the secretary of HUD, the other applicable laws governing the CDBG displacement of low and moderate income 1968, P.L. No. 88-352; Secretary of the Department of Community program as outlined in Section 8-16.18 of this persons as a result of activities assited with(b) Title VIII of the Civil Rights Act of Affairs, or any of their duly authorized chapter or as may be further required by the GDBG funds are required to develop a plan 1968, P.L. No. 90-284; representatives shall have acces to all books, FDC. for assisting such persons and to set forth (c) Section 109 of the Housing and accountsm records, reports, files, and other (b) Monitoring by the Recipient. actions that th erecipient will take to mitigate Community Development Act fo 1974, 42 papers or property of recipients or their Recipients shall constantly monitor their any adverse effects resulting from CDBG USC 5309; subrescipietns and contractors pertaining to own performance under grant-supported funded activities that cause displacement (d) Executive Order 11063, Equal funds provided under this chapter for the activities to ensure that time scheldules are either directly or indirectly. Opportunity in Housing, 24 CFR 11527; purpose of making surveys, audits, being met, projected out-puts are being 2. If the CDBG funded activity involves (e) Section 3 of the housing an Urban examinatios, excerpts and transcripts. achieved. This review shall be made for each the acquistion of real property by the local Development Act of 1968; (10) Audit. program, function, or activity as sea forth in government, which causees displacement of (f) Executive Order 111246; 30 CFR a) The recipient shall provide for an the approved grant applicatin and the grant persons, the federal "Uniform Relocation 12319-24;41 CFR 60 audity of its CDBG Program to be initiated award agreement. Assistance and real Property Acquistion (g) Executive Order 12086; (functions within 60 days after the termination of the (c) Monitoring by the FDC. Policies Act of 1970" shall apply. For under 11246);41 CFR 60 grant award agreement and to be completed 1. The Fdc shall review each recipient's activities resulting in displacement of persons (h) Age Discrimination Act of 1975; within 90 days therafter or to be conducted performance periodically to determine that do not involve the acquistion of real (i) Rehabilitation Acto of 1973. duringan interiew period if deemed necessary whether the recipient has carried property, and thus not subject to the LABOR STANDARDS and so directed by the FDC. The audit may program substantially as described required to develop a local policy setting forth (a) Davis-Bacon Fair Labor Standards be paid for from CDBG funds. the assitance it elects to provide for such Act, 40 USC 276a-276a-5; (b) Audits shall be made in accordance persons. (b) Constract Work Hours Standards Act, wlith the US HUD Handbook JG 65052, 3. The recipient shall make its 40 USC 327-332; and Standards for Community (c) Copeland Anti-Kickvack Stal 8-16.19 1994 ANNUAL SVPPLEMENT 948, 40 USC 276 (c); ARCHITECTURAL AND (d) HUD Labor Standards CONSTRUCTION STANDARDS Administration and Enforcement (a) Architectural Barriers Act of 1968.4? Handbook; LISC 4151; (c) HUD Handbook 6500.3 and change (b) American Standard Specifications to, 1, dated June 24, 1981. Making Buildings and Facilities Acccssibqk ENVIRONMENT/HISTORIC to and Usable by the Physical (a) The National Environmental Review Handicapoed, A-117, I-R 1971; Policy Act of 1969, P.L. 91-190; (c) Lead Based Paint Poisonig (b) HUD Environmental Review Prevention Act, 42 USC 4831; Procedures. 24 CFR Part 58; (d) Cost-Effective Energy Conservation (c)The Clean Air Act of 1963, P.L. Standards, 24 CFR Part 39; 90-148; (C) Section 8 Existing Housing Quality (d) Federal Water Pollution Control Act, Standards, 24 CFR Part 882. Executive Order 11288, P. 92-500; ACJUISITI0ON/RELOCATION (c) Safe Drinking Water Act of 1974, (a Uniform Relocation Assistance and VL. 93-253, Real Property Acquisition Policies Act (f) Fish and Wildlife Coordination Act of 1979. P.L. 91-646, Title 11 (Relocation). 1958 and the Act of July 9, 1965, P.L. Title III (Acquisition); 85-624; 4qM 8qHUD Relocation and Real Propen (g) The Endangered Species Act of 1973, Acquisition Handbook, HUD Handbook P.L. 93-205, P 95-632; 1376.1 with Changes 1, 2, 3 and 4. (h) The Solid Waste Disposal Act as Specific A ushority 290-045 FS, Law qIqmplawmed amended by the Resource Conservation and 29043 FS. HisimyNew 12-19-83, AnwnqM Recovery Act, P.L. 94-580; 1.2-85. (i) Noise Abatement and Control: B-16-19 Rigb is Reserved by FDC. The Departmental Policy Implementation Department of Commerce reserves the riglot Responsibilities and Standards. 24 CFR Part 6q- 51, Subpart B; to: (q1) Initiate a request for additional 0) Flood Disaster Protection Act of 1973, information as the F2qDC deems riccessan, P.L. 93-234; however, no applicant may supply additional (k) National Flood Insurance Act of information after the submission deadline 1968, P.qL. 90-448 date which has not been specificallil Executive &der 11990, Protection of requested. Wetlands; (2) Offer to an applicant, othcrwiv (m) Executive Order 11988, Protection of eligible to receive grant funds. an amount Floodplain; which is different than that requested in tqht (n) Protection of Historic and Cultural application. Properties under HUD Prograins, 24 CFR (3) Examine the financial records of t1st Part 59; local government as they relate to the Small (o) Coastal Zone Management At ( Cities funds provided by the Act. 1972, P.L 92-583; (4) Include in the grant award agrcemcni (p) Executive Order 12114, a clause which would require the locality to Environmental Effects Abroad of Major return to the Depanmcnt of Commerce n Federal Actions, 44 CFR 1957; or all of the grant if the FDC or the Vs (q) Section 106 of the National Ilistoric Department of Housing and Urban and Archaeological Data Act of 1966, P.L. Development determines the rctufa 93-291- necessary. W Litecutive Order 11593. "Protection (5) Waive any requirement of this ruk and Enhancement . of the Cultural not required by the Act in cases of undue Environment"; hardship and where application of the (s) Coastal Barriers Resources Act of requirement would adversely affect the 1982 purlwWses of the Act, except as otherwise (t; Farmland Protetion Policy Art (of provided in this Chapter. 1981 (6) Not fund any application, even if the (uqi Flori(la Coastal Barriers Executive mininitun, criteria for eligibility set foril Order 8010S. 13clem have ICcn qmet. .Sjfi-Atjih,,r) 290045 FS. I.aw Impletnemcd 29voi) IS 11ifowy-New 12-19-8.3, Anitndej 128s 9g-6.02 FEBRUARY 1985 SUPPLEMENT 132 DEPARTMENT OF COMMUNITY AFFAIRS North Florida Area Office Division of Emergency Management 830 Edwards Road Starke, Florida 32091 South Florida Area Office Division of Emerfency Management 148 Southeast Federal Highway Hobe Sound, Florida 33455 West Florida Arm Area Office Division of Emergency Management I David Lane South Defunials Springs, Florida 32433 central Florida Area office Division of Emergency Management Post office Box 207 Wildwood, Florida 32785 A copy may be obtained by writing to: Direction Division of Emergency Management Department of Community Affairs 1720 South Golden Street Tallahassee, Florida 32301 Specific Authority 25232(2)(a) FS. Law Implemented 25235(2)(b)FS.History-New 11-14-77, Amended 7-31-78, 4-12-82, 7-29-84, 2-24-85. CHAPTER 9G=6 REVIEW OF LOCAL EMERGENCY MANAGEMENT PLANS Editorial Note The 2-24-85 amendment changed the chapter name as set the above. 9g-6.01 Purpose. This chapter sets forth the standards and requirements for local emergency management plans, sets forth the procedures a county emergency management agency must follow in submitting its plan to the Division of Emergency Management of the Department of Community Affairs for review, and sets forth the requirements for adoption and implementation of local emergency management plans. It is pormulgated as a companion to Chaper 9G-7. The Division of Emergency Management of the Department of Community Affairs is given broad authority to take precautions for protecting the citizens of the state from emergencies which may or do occur either naturally or as a result of manmade causes. The Division of Emergency Management is responsible for the preparation of a comprehensive plan and program for emergency management in the state and the DIVISION OF EMERGENCY MANAGEMENT coordination of federal, state and local emergency-related activities. The Division of Emergency Management is CHAPTER 9G-2 empowered to promulgate standards for local and COMPREHENSIVE EMERGENCY interjuriadictional emergency plans and to review those MANAGEMENT PLAN plans periodically to determine compliance with the terms of this chapter. 9G-2.01 Comprehensive Emergency Management Specific Authority 252.35(2)(a) FS. Law Implemented Plan. In order to provide a uniform plan in the event of 252.35(2)(a), (b), (h), (i), (j), FS. History-New 1-18-81, emergenices, the Division of Emergency Management Amended 2-24-85. hereby adopts by reference as though the plan itself as amended were attached hereto, the Comprehensive Emergency Management Plan of the State of Florida, with 9G-6.02 Definitions. the exception of Annexes P through S of the Radiological (1) "Area Coordinator" refers to the professional staff Emergency Plan. A copy of this plan and it amendments member assigned to each of the area offices of the Division have been filed with the Secretary of state. The plan is of Emergency Management. available for inspection and reference at the Division of (2) "County Emergency Management Agency" means Emergency Management office in Tallahassee, and at the the emergency management agency authorized and four area offices whose addresses are listed below: directed to be established and maintained by each county of the stae pursuant to Section 252.38(2), Florida Statues. 594 133 FEBRUARY 1985 SUPPLEMENT 9G-6.07 (3) "Division" means the Division of Emergency in current status until replaced by elements of the local Management of the Department of Community Affairs. emergency management plans. (4) "State Plan" means the State Comprehensive Specific Authority 252.35(2)(a) FS. Law Implemented Emergency Management Plan, as developed and adopted 252.35(2)(b),(i) FS. History-New 1-18-81.Amendene 2-24-84 by the Division pursuant to the authority contained in Editorial Note: The 2-24-85 amendment entirly superseded the Section 252.35(2)(b), Florida Statutes. former rule. (5) "Local emergency management plans" are the county counterparts of the State Plan. 9G-6.06 Local Emergency Management Plans- Specific Authority 252.35(2)(a) FS. Law Implemented Review by Divisions. The provisions of this section shall 252.35(2)(i) FS. History-New 1-18-81, Amended 2-24-85 apply ti initial submission, submission as a result of a Editorial Note: The 2-24-85 amendment entirely superseded the determination by the Division that a local emergency former rule. management plan or element thereof is not in compliance with the terms of this chapter, triennial submission, annual, 9G-6.03 State Comprehensive Emergency submission or any other submission. Management Plan- Process of Adoption. (1) The county emergency management agency will Specific Authority 252.35(2)(a) FS. Law Implemented forward two copies of plans to the Division, and will 252.35(2)(b) FS. History-New 1-18-81, Repealed 2-24-85. Division shall forward one copy to the appropriate regional planning council, which will review the plan and 9G-6.04 The Content Of Local Emergency forward its comments thereon to the Director, Division of Management Plans. Emergency Management, within 60 days of receipt. (1)Each county emergency management agency shall Regional planning council reviews should be prepare a local emergency management plan as set forth in comprehensive with specific consideration of provisions for this rule and in Chapter 9G-7. intergovernmental coordination, operational compatibility (2)Local emergency management plans will consist of with plans and procedures of other jurisdictions within the three separate but reltated contingency elements: the first to region, and the impact of the plan on other regional be the Peacetime Emergency Plan; the second, the Nuclear programs. Civil Protection Plan; and the third, for those counties (2)The Division shall review each county element and within a 50-mile radius of a commercial nuclear power the comments of the regional planning council. The plant, the Radiological Emergency Management Element Division will provide the local jurisdiction with the details for Nuclear Power Plants. of its review and its finding as to the acceptability of the Specific Authority 252.35(2)(a) FS. Law Implemented plan within 90 days of initial submission by the county. If 2-24-85. the Division finds the county element meets the Editorial Note: The 2-24-85 amendment entirely superseded the requirements of this chapter and Chapter 9G-7, it shall former rule. issue a letter of compliance. (3)When the Division finds a county element is not in 9G-6.05 Schedule for Development and Review of compliance with the requirements of this chapter and Local Emergency Management Plans. Chapter 9G-7, it shall issue a letter of non-compliance (1) Those local emergency management plan elements specifically stating the reasons for non-compliance. Upon previously submitted and approved by the Division in receipt of a letter of non-compliance, the county shall accordance with the timable established prior to the either; effective date of this chapter, will be resubmitted in (a) Within 90 days, revise its element and resubmit the accordance with the provisions of this chapter. Submission revised element to the Division; or of other elements of the local emergency management plan (b) Appeal non-compliance in accordance with Section will be in accordance with a timatable to be furnished by 120.57, F.S. certified mail; however, no county will have less than six (4) Appeals of non-compliance shall be filed in months to meet the requirements. Any changes of accordance with Section 120.57, F.S. submission dates must be approved by the Director, (5) If the Division is unable, for any reason, to complete Division of Emergnecy Management, on a case-by-case its review within 90 days, it will forward a letter to the bases. county stating its intent ot extend the review period for an (2) Local Peacetime Emergency Plan elements which additional 30 days. If, after 90 days of submission of the have been developed, submitted, reviewed and determined county element neither comments nor extension letter has to be in compliance with the terms of this chapter shall be been recieved by the county,or is after 120 days no (3) Each county shall develop and maintain a Nuclear Civil Protection (NCP) element. Local NCP elements will comments have been recieved by the county, all plans include a crisis relocation plan and an updated community submitted by the county will automatically comply with shelter plan. Local NCP plan elements which have been the terms of this chapter. developed, submitted, reviewed and determined to be in Specific Authority 252.35(2)(a) FS. Law Implemented compliance with the terms of this chapter shall be updated 252.35(2)(i),(j)FS.History-New 1-18-81,Amended 2-24-85. and resubmitted for review every three years. Editorial Note:The 2-24-85 amendment entirely superseded the (4) Each county having any land which falls within a former rule. 50-mile radius of a commercial nuclear power plant shall 9G-6.07 Adoption by Local Government. After develop and maintain a Radiological Emergency determination by the Division that the plan is in Management element for nuclear power plants, which compliance with the terms of this chapter, the plan must be after initial review and approval by the Federal adopted by resolution of the governing body of the county Emergency Mangement Agency shall be updated and before it becomes the emergency management plan for submitted for review annually. such local government. Notification of the date of adoption (5) Local Emergency Operations Plans, or parts shall be sent to the Division. Failure to adopt or resubmit a thereof, which are currently in effect, must be maintained revised plan as specified in 9G-6.06 will constitute non-compliance. Specific Athority 252.35(2)(a) FS. Law Implemented (4) Appeals of non-compliance shall be filed in 595 9G-7.04 FEBRUARY 1985 SUPPLEMENT 134 252.35(2)(i) FS. History- New 1-18-81, Amended 2-24-85. power plant. Specific Authority 252.35(2)(a) FS. Law Implemented 9G-6.08 Implementation of Local Emergency 252.35(2)(i) FS. History-New 2-25-85. Management Plans and Procedures. In order to ensure that the local emergency management plan can be 9G-7.02 Local Plan - Elements. implemented in the event of a disaster or emergency, each agency assigned responsibility in the plan must coordinate the development of implementation procedures. Specific Authority 252.35(2)(a) FS. Law Implemented 252.35(2)(i) FS. History-New 1-18-81. Repealed 2-25-85. 9G-7.03 Elementsof Local Plan. Each county Specific Authority 252.35(2)(a) FS. Law Implemented emergency management agency established pursuant to 252.35(2)(a), (h), (i) FS. History-- New 1-18-81, Amended the authority contained in Section 252.38(2), Florida 2-24-85. Statutes, shall develop and adopt a local emergency 9G-6.09 Triennial Review by Divisions. Both the management plan in the form and according to the State and County Emergency Management Plans are standards contained in this chapter. The procedure for intended to be dynamic contingency plains and should be submitting a local plan to the Division of Emergency continually revised to reflect such changes as Population Management for its review is contained in Chapter 9G-6. growth, industrial development, and advances in Each local emergency management plan shall consist of technology. Each county emergency management plan three seperate elements: shall be reviewed at least triennially. Each county (1) The Peacetime Emergency Plan. This element of emergency management agency shall submit its revised the plan is concerned emergencies occuring where normal plan, or complete element thereof, to the Division as channels of governmental authority remain in operation. provided in 9G-6.05. Attached to the updated plan or This element treats natural hazzards resulting from the element shall be a report to the Division which shall weather such as hurricanes, tormadoes, floods, and expplain in general term the revisions that have been made. disasters resulting from manmade causes such as Specirfic Authority 252.35(2)(a) FS. Law Implemented hazardous material spills and industrial emergencies, 252.35(2)(b),(h),(i), (i) FS. New 1-18-81, Amended exclusive of nuclear power plants. It covers hazard 2-24-85. mitigation, emergency preparedness, emergency response, Editorial Note: The 2-24-85 amendment entirely superceded the and emergency recovery. former rule. (2) The Nuclear Civil Protection Plan. This element of the plan is concerned with the sheltering or relocation of CHAPTER 9G-7 the population vulnerable to attack during a period of LOCAL EMERGENCY MANAGEMENT PLANS imminent hostilities. This element outlines extraordinary Editorial Note: The 2-25-85 amendment change the chapter actions to be taken, and it assures a state-centralized name as set out above. governmental power structure in which normal Specific Authority 252.35(2)(a) FS. Law Implemented governmental operations would be extensively disrupted. 252.35(2)(i) FS. History--New 1-18-81, Repealed 2-25-85. (3) The Radiological Emergency Plan for Nuclear Power Plants. This local plan outlines procedures 9G-7.011 Purpose. The purpose of this chapter is to to be used by emergency management personnel in establish the content and format Of local emergency counties within 50 miles a commercial nuclear power management plans. It is promulgated as a companion to plant to respond to and recover from the effectis of a Chapter 9G-6, FAC. radiological emergency. Specific Authority 252.35(2)(a) FS. Law Implemented Specific Authoirty 252.35(2)(a) FS. Law Implemented 252.35(2)(i) FS. History--New 2-25-85 252.35(2)(i) FS. History-New 1-18-81, Amended 2-25-885. 9G-7.012 Definitions. 9G-7.04 Basic Content and Format of Local Plans. (1) "County Emergency Management Agency" means (1) The local plan should be specific, and it should an emergency management agency authorized and confine itself to local responses and actions in the event of directed to be established and maintained by each county positions or agencies responsible for specific functions pursuant to Section 252.38(2), F.S. under given circumstances. Responsibilities must be assigned by job title or agency name, and specific duties for (2) "Division" means the Division of Emergency each position or agency must be listed for each major type Management of the Department of Community Affairs. of disaster or emergency which can reasonably be expected county counterparts of the State Plan. within the jurisdiction. Checklists and other readily (3) "Local Emergency Management Plans" are the accessible and easy-to-use guidelines are encouraged. county counterparts of the State Plan Where appropriate, the plan should contain maps, (4) "State Plan" means the State Comperhensive diagrams and other visual aids. Copies of forms which the Emergency Management Plan, which is the plan local government will use should be included. developed and adopted by the Division pursuant to the (2) Each element of the plan will be divided into two authority contained in Section 252.35(2)(b), F. S. major components: the basic plan and a set of annexes. The (5) "Local Peacetime Emergency Plan" means the basic plan should be narrative in form and generally element of the local plan providing a detailed description of describe responsibities within the emergency procedures to be followed when a manmade or naturally management framework. The various annexes should caused emergency occurs. contain details of procedures for conducting emergency (6) "Local Nuclear Civil Protection Plan" means the activities. In the annexes should be charts, maps, elements of the local plan providing a detailed description of checklists, and other operational documents. the procedures followed during operations at a time of the (3) The local plan should cover county agencies and threat of international conflict or of a nuclear war attack resources as well as those of municipalities in the planning occurs. program. Plans shall interface with plans of contiguous (7) "Local Radiological Emergency Plan for Nuclear jurisdictions. Power Plants" means the element to be prepared by county 596 governments within 50 miles of a commercial nuclear 5 9 6 0 135 FEBRUARY 1985 SUPPLEMENT 9G-7.06 Spedfic Authority 252.35(2)(a) FS. Law Implemented Annex X Damage Assessment and Reporting 252.35(2)(i) FS. History-New 1-18-81, Amended 2-25-85. Procedures EditorialNote: The 2-25-85 amendment entirely superseded the a. Damage assessment procedures former rule. b. Reporting requirements within the county 9G-7.05 The Local Peacetime Emergency Plan. c. Reports to the Division of Emergency Management (1) This element of the local plan is intended to provide Annex XI Temporary Housing a detailed description of the procedures to be followed at Annex XII Federal Public Assistance Procedures the local level whenever an emergency occurs as a result of Annex XIII Debris Removal natural or manmade causes. Such emergencies include, but Annex XIV Emergency Transportation are not limited to, tornadoes, hurricanes, windstorms, Annex XV Fire Suppression flooding, hazardous material spills, and civil disturbances. Annex XVI Hazardous Materials, with appropriate contingency plans as appendices This element should not be confined to post-disaster Annex XVII Hazard Mitigation actions, but should also cover pre-disaster Specific Authority 252.35(2)(a) FS. Law Implemented systems, evacuation plans, hazard mitigation and other 252.35(2)(i) FS. History-New 1-18-81, Amended 2-25-85. anticipatory actions. This element will not be concerned Editorial Notes: The 2-25-85 amendment entirely superseded the with actions involving armed international conflict. former rule. (2) Specific sections dealing with major hazards are recommended. All jurisdictions are required to include a 9G-7.06 Ile Local Nuclear Civil Protection Plan. hazardous materials annex and coastal counties must (1) This element of the local plan is intended to provide include a detailed hurricane evacuation plan. The a detailed description of the procedures to be followed at Department hereby adopts and incorporates by reference the local level during either in-place or relocation "Peacetime Emergency Preparedness Plamming; A Guide operations, which could occur under circumstances of for Local Governments" as part of this chapter. This guide severe international crisis, such as hostilities involving the will be used in the development and review of local use of nuclear weapons, or when armed conflict occurs. Peacetime Emergency Plan elements. The specific format of this element of the local plan will (3) Ile following is offered as a suggested format for depend upon the classification of Host, Risk, or Risk and the local Peacetime Emergency Plan. County emergency Host assigned each county. management agencies are not required to duplicate the (2) Host county planning should cover the following: suggested format, but should conform to it as closely as housing and feeding alternatives; movement of large possible. numbers of vehicles within and through the county; fallout shelter protection for both relocated and resident SAMPLE FORMAT populations; medical support; law enforcement; fire BASIC PLAN protection; and, control of, and assistance in, the supply of I. Introduction goods and services. Risk county planning should II. Situation cover the following: support to host counties; continued A. Hazard Analysis operation of essential activities within the risk area; the B. Demographics orderly evacuation of the risk area population; and III. Authorities assistance to host counties in meeting minimum IV. Organiziition augmentation requirements. Risk and host county plans V. Concept of Operations will encompass both of these sets of requirements. In VI. Execution addition, all Nuclear Civil Protection Plans will include VII. Responsibilities procedures for protecting the resident population in case of A. County a sudden armed conflict. B. Municipal (3) Local Nuclear Civil Protection elements will be VIII. Administrative Information developed with assistance from the Division of Emergency A. Increased Readiness Procedures Management. The Department hereby adopts and B. Activation of Emergency Operations Center incorporates by reference "Nuclear Civil Protection IX. Agreements and Understandings Planning Standards and Criteria" as part of this chapter. A. Interlocal This guide will be used in the development and review of B. Interagency local Nuclear Civil Protection Plan elements. ANNEXES (4) The following outline is offered as a suggested Annex I Training and Education format for the local Nuclear Civil Protection Plan. County Annex II Warning emergency management agencies need not duplicate the Annex III Public Information suggested fpr,at. but should conform to it as closely as Annex IV Communications possible. Annex V Evacuation, with appropriate contingency SAMPLE FORMAT plans as appendices Annex VI Search and Rescue BASIC PLAN Annex VII Public Safety Part A - Crisis Relocation Annex VIII Public Health I. Direction and Control Annex IX Welfare Services, with appendices for II. Emergency Public Information shelter and mass care plans corresponding to specific III. Communications evacuation plans. IV. Warning 597 0 1OC-26.06 FEBRUARY 1985 SUPPLENT V. Reception and Care develop this element. Local plans will be developed with VI. Law Enforcement direct assistance from the Division of Emergency VII. Fire and Rescue Services Management and will be incorporated into the VIII. Health and Medical Services appropriate site plan contained in the Florida Radiological IX. Resources Management and Transportation Emergency Management Plan for Nuclear Power Plants. X. Radiological Support Services This plan will comply with the criteria specified in PART B - In-Place Protection "Criteria for Preparation and Evaluation of Radiological Specific Authority 252.35(2)(a) FS. Law Implemented Emergency Response Plans and Preparedness in Support 252.35(2)(i) FS. History-New 1.18-81, Amended 2.25-85. of Nuclear Power Plants" (NUREG-06541 FEMA Editorial Note The 2-25-85 amendment entirely superseded the REP-1 Rev. 1), and will be submitted to the Federal former rule. Emergency Management Agency for review and approval 9G-7.07 The Local Plan for Management Of under the provisions of 44 CFR 350. Resources. Specific Authority 252.60(3) FS. Law Implemented 252.60(l) FS. History-New 2-25-85. Specific Authorty 252.35(2)(a) FS. Law Implemented 9G-7.08 The Local Radiological Emergency Plan MANAGEMENT for Nuclear Power Plants. This element of the local plan CHAPTER 9J-2 will provide a detailed descreption of the procedures to be GENERAL associated with a radiological emergency at a commercial Editorial Note: Per the Department of Community Affairs, nuclear power plant. Only those counties within a 50 mile Chapter 9B-16 will be amended and transferred to Chapter 9J-2 radius of a commercial nuclear power plant are required to under the Division of Resource Planning and Management. 598 0 SUPPLEMENT 270 271 1984 ANNUAL SUPPLEMENT 9G-10.02 Definitions. administered by the Federal Emergency emergency management director, or Specific Authority 120.53(l), 231.53(6) FS Law executive director, who devotes no less than Implemented 23.153, 23.154. 943.405 FS Management Ageny and the Division of one half of his/her time(20 hours per week) History-New 5-7-81, Transferred to 9B.31.02. Emergency Management which reimbursecs to the duties of the director. qualified counties for up to fifty percent of (2) The applicant must have an 9G-10.03 Policy. their personnel, travel and administrative emergency management program which has Specific Authority 120.53(1), 23.153(6) FS. Law expenses. been approved by the Division. Program Implemented 23.153. 23.154, 943.405 FS. (4) Emergency Management Program: A approval will require: compliance with History-New 5-7-81, Transferred to 9B.31.03. program that works to assure that a county is appropriate federal and state laws, rules, and 9G-10.04 Notification Process. prepared for, can respond to and recover from regulations; satisfactory compliance of work Specific Authority 120.53(1), 23.153(6) FS. Law a wide range of emergencies in order to elements of the previous year, if funded by Implemented 23.153. 23.154. 943.405 FS. minimize disruptive and destructive effects. History-New 5-7-81. Transferred to 9B.31.04 (5) Population Figures: All population federal or state matching funds; and, a 9G-10.05 Screening Process. figures used in this funding formula are current proposal containing work elements Specific Authority 120.53(1), 23.153(6) FS. Law based upon Florida Estimates of Population commensurate with the needs(vulnerability) Implemented 23.153. 23.154, 943.405 FS. History-New 5-7-81. Transferred to 9B-31.05. as published annually by the Population of that county and the proposed budget. Division, Bureau of Economic and Business Specific Authority 252.35(2)(a) FS. Law Research, University or Florida. Implemented 525.35(2)(b) FS. History-New 9G-10.06 Selection Criteria. (6) Work Elements: Those work items 2-15-82, Amended 10-5-82, 10-1-84. Specific Authority 120.53(1), 23.153(6) FS. Law specified as projected program activities in an 9G-11.05 Funding Limits to EMA Implemented 23.153, 23.154. 943.405 FS. agreement to be negotiated between the funds. History-New 5-7-81. Transferred to 9B-31.06. Department of Community Affairs and a Specific Authority 252.35(2)(a) FS. Law 9G-10.07 Program Guidelines. county, to include but not limited to, activities Specific Authority 120.53(l), 23.153(6) FS. Law for plan development, training, Implemented 252.35(2)(b) FS. History-New 2-15-82, Amended 10-5-82, Repealed 10-1-84. CHAPTER 9G-5 Implemented 23.153. 23.154. 943.405 FS. communications, radiological defense, LOCAL DISASTER PREPAREDNESS History-New 5-7-81. Transferred to 9B-31.07. warning, tests and exercises, and public 9G-11.051 Use of Emergency AGENCIES APPROVAL OF LOCAL 9G-10.08 Final Authority. information. Management Assistance(EMA)Funds. DIRECTOR Specific Authotrity 252.35(2)(a) FS. Law EMA fimds shall be used by a county or Specific Authority 120.53(1), 23.153(6) FS. Law Implemented 252.35(2)(b) FS. History-New association of counties only for personnel, 9G-5.01-5.07 Repealed 9-148. Implemented 23.153, 23.154. 943.405 FS> 2-15-82, Amended 10-5-82, 10-1-84. travel and administrative expenses. [See this Chapter in the bound volume, or History-New 5-7-81, Transferred to 9B-31.08 Specific Authority 252.35(2)(a) FS. Law Historical Tracing Table volume; for statutory 9G-10.09 Appeal. 9G-11.03 Eligibility. Each county or Implemented 252.35(2)(b) FS. History-New association of counties in the State of Florida 10-1-84. authority, law implemented, and history of each Specific Authority 120.53(1), 23.153(6) FS. Law rule.] Implemented 23.153, 23.154, 943.405 FS is eligible to apply to the Florida Division of History-New 5-7-81, Transferred to 9B-31.09. 9G-11.06 Municipal Eligilibity. Emergency Management (Division) for matching funds in support of emergency Specific Authority 252.35(2)(a) FS. Law CHAPTER 9G-6 Implemented 252.35(2)(b) FS. History-New APPROVAL OF LOCAL CHAPTER 9G-11 management activities (Chapters 252 and 2-15-82, Amended 10-5-82, Repealed 10-1-84. 163, Florida Statutes). EMERGENCY MANAGEMENT FUNDING FORMULA Specific Authority 252.35(2)(a) FS. Law 9G-11.061 Funding. Counties in the PLANS 9G-11.01 Purpose. The funding Implemented 252.35(2)(b) FS. History-New state shall recieve their EMA funding based 9G-6.02 Definitions. formula sets forth the guidelines and 2-15-82, Amended 10-1-84. on the following: Each county shall * * * mechanism for the allocation of emergency 9G-11.04 Prerequisites. No application accumulate points derived from the factors (1 (4) "Local Emergency Plans" are the management program funds to counties of for matching funding will be considered through 7) listed below. A dollar value per county and municipal counterparts of the the State of Florida. The funding formula is unless an applying county complies with point shall be determined by dividing the state plan. supplementary to any federal rules that are each of the following requirements: total county EMA allocation by the total * * * applicable. (1) The applicant must have an points given to all counties. Editorial Note: Paragraph (4) is reprinted to Specific Authority 252.32(2)(a) FS. Law correct an error in the bound volume. Implemented 252.35(2)(b) FS. History-New Example: 2-15-82, Amended 10-1-84. Dollar value per point - Total EMA County allocation CHAPTER 9G-10 9G-11.02 Definitions. Total points CRIMINAL JUSTICE BLOCK GRANT (1) Allocation: Those funds necessary to Each county's EMA allocation shall be that amount derived at by multiplying that county's point COMPETITIVE FUNDING provide personnel, travel and administrative total times the dollar value per point. PROGRAM expenses. Example: 9G-10.01 Purpose. (2) Association of counties: Two or more A county's EMA allocation - That county's point total X dollar value per point counties that join together to carry out an emergency management program in a Specific Authority 120.53 (1), 23.153(6),FS. Law Implemented 23.153, 23.154. 943.405 FS. manner consistent with Chapters 252 and Factor 1. The percentage of the state's points may be awarded. History-New 5-7-81, Transferred to 9B-31.01. total population, rounded off to the nearest Factor 2. The hosting of resident 163, Florida Statutes. tenth of a percent, residing in a county shall population requiring evacuation during a (3) Emergency Management Assistant be multiplied by four to obtain a county's natural disaster. The points awarded for this (EMA): A federal reimbursement program population point total. A maximum of 45 factor will be based on the total population 0 9G- 12.02 1984 ANNUAL SUPPLEMENT 272 273 1984 ANNUAI, SUPPLE residing within the county that is identified as population hosled within that county This Public Safely Planning and Assisianue of the expenses reuiring evacuation during a natural figure will he based on related regional 1) artnient of ('(immunity Affairs. county's disaster divided into the total resident lanning council evacuation studies and the eel) "Host County" means a county expenses Tri-State Corps of Engineers study. designated to receive and care for evacuees (3) S Exanlilc@ from a risk county. through Resident Population Hosted (4) "Ingestion Counly" means a county Deparim within a fifty-mile radius of a nuclear power between Resident Population Reuiring Evacuation X I - Points (rounded off to the nearest tenth) plant which has the potential for significant particepa contamination from a release at a nuclear the court led as reuiring wer plant. expenses. A maximum of five points may be awarded. of the state that is idntif This factor will not be used until all such hosting during a natural disaster. The points (5) 'Risk County" means a county (4) 08T ' hin the ten-mile plume exposure will be a evacuation studies are completed. awarded for tfiis factor will be determined by wit dividing that number into the total pathway. (a) It Factor 3. The hosting . non-rcilden population for which the county (6) "Florida Radiological Emergency (b) population reuiring evacuation during a preparedness Law" means Section 252.60, (c) lot natural disaster. This factor will be ballet nhas arecd to Post based on related regional Florida Statutes (1982). (d) it the total population residing in othcrcountin lanning council evacuation studies and the pecific Authority 232.46 FS. Law Implemenled for a ful 8@ri-Stac Corps of Engineers study. A 252-60 FS. History-New 10-1-82. 9G- 12.03 Example: Non-Resident Population Hosted 9G-12.03 Contract Period. Each year, a 60-day Points (rounded off to the prior to January 1, the Department shall unless the Non-Resident Population Reuiring Evacuation X 5 negotiate and execute contracts with (c) pr nearest ttnth) operators, as defined in the Florida 4pr, Radiol ical Emergency Prefaredness Law 0p may be awarded. hnpk-ted 232.35(28Xb) FS. Hs'-,Y-Ncw 0 ,- k in20d Fill A maximum Of five points 1&1-84. and will host, ingestion an ris counties. (h) I de This factor will not be used until all such The contract shall commence an January I . 9G-11.07 Priorities. ficas mc evacuation studies arc completed. and terminate. on December,, 31 j excc , r ra 'Law, grovided-in.Rult 9G@- W. S ;@i V16M PC 1214()(d); 6clo 252.60 00F. Factor 4 The percent of the states Scr Atithbritj 25235(28X2V1'*FS PC '252.3@(ij(i) FS. 'Hiii"y-New 6j population that resides in the county defined ldl8@0w a Authority .252.46 FS. 6"w Implemented as being at risk in the populatin allocation lh`t@ojjnt-y-dihhid -h A -12-82, and emergency public information 2r -3-82. Itepealed 10-1-84. 32 5 12 2-15-82, Anicsided 10 8%rF . History-New 10-31-82. 9G-12 Civil Projection. c0wt.ol Effective Date. 9G-12.04 Procedures for Negotiating Neither C) documents" for Nuclea - Speork Authority 232.JS(2X*) FS- lair Contracts. One-half point will be awarded for each one j@pjejwnld 252.49(t), 120.54(12)(8) n ingestion of the state's at risk population History- New 3-3 1 _8Z Repeated to- 1-84. (1) Each year, prior to October 1, the engage maximum of 5 Department shall prepare draft contracts to in the county. A preparats be executed between the Department and radiologi points may be awarded. CHAPTER 9G-12 operators and the Department and host, Factor 5. The percentage of the state an ap C's 4Sro k in the CONTRACT PROCEDURES FOR ingestion and risk counties. Prior to ed population defied as being at ris FUNDING OF RADIOLOGICAL November 1, each host, ingestion and risk ci 0, 'population allocation and emergency public r A EMERGENCY RESPONSE PLANS county desiring to participate, shall send to 47520 information documents" for Nuclear Civil the Department any changes to the draft .60 00n Protection (hat is allocated for hosting in the 9G-12.011 Purpose- In ancnd,c"o 60 contract and a draft budget for funding. 9G-12 county. One-half point will be awarded for Chapter 252, the 1982 Legislature Prov6M Negotiations will be scheduled from the event each one percent of the state's at risk a means I" operators of fixed nuclear November I through November 30 with counties population which will be hosted in the facilities to fund planning and testing representatives of the opc@rators, counties and rcgardin4l county A maximum of 5 points may be awarded uirernents imposed by federal law. SIM date present. Final copies of the contracts and 4W rc ' n4l loml a0wslance to the operators In and budget will be mailed to each emergen Factor 6. An evaluation of each county's mectin those reuirements is limited by 8& ing county no later than December of the 08Dc comprehensive emergency management availability of funds from the operators. Tits 0Nlwclo2miginal copies of the executed county !necting t program will be completed annually by the purpose of these rules is to establish a contract will be mailed back to the informal acts (a Division. The items to be considered by the rocedure for negotiating contr en, on or before January 1. In cases will be g hFunding of preparation, testing NJ rim . to Division during its evaluation of c2c 4= an perator deems it necessary pursuant county's program will be furnished to each implementation of radiological cmergcM7 contract directly with a county or other state Specific A county no later than March I of each year for response plans. en4j pursuant to Section 252.60(5), F. S. 232- 60 6P- October I Of Specific Authority 252.46 FS. La. Impte.-Wal 2 the funding period commencing 2 , the De rtment will not be a party the following fiscal year. A maximum of 5 25Z60 FS. History-New 10-31-82. nor will the 4Eepartment administer the points may be awarded 9G-12.02 Definitions. contract. Factor 7. Five points may be awarded to (1) "Department" means (2) The contracts between the operators each county whose border forms part of Department of Community Affairs. and Department will include funds for the Floridas coastline. si Department's activities and administrative Authority 252-35(2)(a) FS. Law (2) Division" means the Divi ADDITIONAL RULES RELATED TO APPROVED FLORIDE COASTAL MANAGEMENT PROGRAM STATUIES 1984 CHAPTER 1, F.A.C. - DEPARTMENT OF STATE (A - Division of Archives, Hististory, and Records Management) IA-2 Advisory Councils 1A-11 Public Use of Records, Donated Historic Materials, and Facilities in Florida State Archives 1A-21 Records Management 1A-24 Public Records Scheduling and Dispositioning 1A-26 Records Mgt.-Standards and Requirements IA-27 Records Mgt.-Services 1A-31 Historic Sites and Properties 1A-32 Historic Sites and Properties 1A-34 Historic Preservation Advisory Council IA-35 Historic Preservation Grants-in-Aid CHAPTER 4, F.A.C. - DEPARTMENT OF INSURANCE (C - Division of Treasury) 4C-4 Acceptance of Credit Cards by State Agencies CHAPTER 5, F.A.C. - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES (I - Division of Forestry) 51-2 Rural Open Burning CHAPTER 6, F.A.C. - DEPARTMENT OF EDUCATION (A - State Board of Education) (C - Board of Regents) (C7 - University of Central Florida) 6A-6 special Program i 6A-10 Miscellaneous 6C-9 Property and Finance 6C-12 Florida Solar Energy Center Program 6C7-2 Academic Affairs 6C7-14 Administrative and Financial Affairs CHAPTER 8, F.A.C. - DEPARTMENT OF COMMERCE (D - Division of Tourism) (E - Division of Economic Development) 8-6 Div. of Econ. Dev.: Economic Development Transportation Fund 8-7 Travel 8-8 Cooperative Advertising 8-11 Promotional and Advertising Services Contracts 8-12 Approved Form 8-13 Film Library 6 0 1 8D-1 Organizational Rules 8D-5 Welcome Station 8E-1 Organization CHAPTER 9, F.A.C. - DEPARTMENT OF COMMUNITY AFFAIRS (B - Division of local Resource management) (G - Division of Public Safety Planning and Assistance) 9-10 Comprehensive Regional Policy Plans 9B-16 Bureau of land & Water Mgt.: General 9B-18 Regs for Approval of Local Land Use Regs for Green Swamp ACSC 9B-19 Approval of Local Regs for Green Swamp ACSC 9B-20 Regional Issues 9B-27 Review of Development Regs and Comp Plans with ACSC's 9G-2 Peacetime Emergency Plan 9G-6 Approval of Local Emergency Mgt. Plans 9G-7 Local Comprehensive Emergency Mgt. Plans 9G-11 Funding Formula 9G-12 Contract Procedures for Funding Radiological Emergency Response Plans CHAPTER 10, F.A.C. - DEPARTMENT OF HEALTH AND REGABILITATIVE SERVICES (C - Economic Services Program) (D - Health Program Office) 1OC-24 Bureau of Public Assistance: Assistance Payments-Individual and Family Grant Program 1OD-4 Water Systems 1OD-5 Swimming Pools and Pathing Places 1OD-54 Entomology - Mosquito Control Program Administration Chapter 12, F.A.C. - DEPARTMENT OF REVENUE (A - Sales and Use Tax) (B - Misc. Tax) 12A-5 Tax on Pollutants 12B-1 Ad valorem Tax Bureau Pertaining to Assessment of Railroad, Telegraph, Express, Freight Line, and Equipment Companies 12B-7 Tax on Production of Gas and Oil CHAPTER 13, F.A.C. - DEPARTMENT OF GENERAL SERVICES (A - Division of Puurchasing) 13A-1 General Regulations 602 CHAPTER 14, F.A.C. - DEPARTmEt?r OF TRANsPoRTATioN 14-8 Protection of Copyrightable Material 14-9 Employee Benefit Fund 14-10 Highway Beautification Program 14-11 Administration of the Second Gas 'Mx Surplus 14-12 Transfer of Responsibility for Functionally Classified Roads 14-15 Incorporation by Re-ference 14-17 Personnel 14-20 Private Use of Right-of-Way 14-22 Contractors - Highway: Qualification to Bid 14-23 Contractors: Delinquent in Progress of Work 14-24 Prompt Settlement or Legal Defense of Claims and Disqualification for Failure to Settle Claims 14-27 over-dimensional Permits for 102" Wide Buses 14-36 Loss Control Procedures 14-37 Acquisition of Real Estate owned by DOT Employees 14-39 General & Construction Engineering Supervision Consultants 14-40 Roadside Development Policy 14-42 Outdoor Theatre Regulations 14-44 Driveway Regulations 14-45 -Service Roads 14-46 Railroads/Utilities Installation or Adjustment @14-47 survey Accuracy & perpetuation of Public Land Survey burkers 14-Q Bridge Inspection Standards 14-49 Florida Bridge Numbering Plan 14-50 Environmental Protection 14-53SIgning for Multi-mdal Transportation Flacilities 14-54 Regulations Governing Tandem Trailer Combinations 14-55 Rapid Rail Transit System Safety Criteria 14-56 Safety Inspection of oomwercial Motor Vehicles 14-58 Railroad Safety Standards and Procedures 14-59 Rules Governing Solicitation for Religious Purposes 14-60 Airport Licensing and Zoning .14-61 The Sunshine State Parkway 14 64 Illumination of the State Highway System 14-65 Temporary Closing of State Roads 14-70 Signing for motorist Services on Limited Access Facilities 14-71 Signing for Traffic Generators on Limited Access Facilities 14-73 Public Transportation 14-74 Railroad Speed Limits 14-75 Qualification of Consultants to Perform Work for DDT 14-78 Participation by Minority Business Enterprises in MT Contracts 14-80 Tbll Facilities Operations 14-81 Apportionment of Federal Nhss Transit Funds to Local Jur isdictions 14-82 Regulations Governing Nonpublic-Sector Buses 14-83 Leasing Service Station Premises on FloridaTurnpike CRAPTM 16, F.A.C. - DEPARTMENr OF NATURAL RESOURCES (A - Division of !Ministration) (B - Division of Mrine Resources) 603 (C - Division of Resource management) (D - Division of Parks and Recreation) (L - Ridge and Lower Gulf Coast Water Management District) (M - West CoastRegional Water Authority) (N - Division of Law Enforcement) (0 - Withlacoochee Regional Water Authority) (Q - Division of State Lands) 16-1 Administrative Procedures 16-4 Meetings of Governor and Cabinet 16-5 Rules of Procedure Before the Head of Department 16A-10 Real Property Leases of Less Than 2000 Square Feet 16B-2 Shrimp 16B-3 Crawfish 16B- Oysters 16B- Gear and Equipment 16B-2 Rules and Procedures for Application for Coastal Construction Permits 16B-25 Rules and Procedures for Coastal Construction and Excavation 16B-26 Setback Lines 16B-28 Comprehensive Shellfish and Blue Crab Control Code 16B-32 Comprehensive Artificial Fishing Beef Program Control Code 16B-33 Rules and Procedures for Coastal Construction and Excavation 16B-32 Beach Erosion Control Assistance Program 16B-40 Permits for Collection/Possession of Indigenous Saltwater Animals 16B-42 Permit for Use of Prohibited Fishing Gear, Equipment & Methods, etc. 16B-43 Permit for Catch./Possess. of Fish Protected by Law, etc. 16B-44 Permit for Placing Drugs/other Chemicals in Marine Waters, etc. 16B-45 Marine Fisheries Information System 16C-16 Mine Reclamation 16C-17 Master Reclamation Plan for Lands Disturbed by Severance of Phosphate, etc. 16C-19 Aquatic Plant Importation, Transportation, and Cultivation Permits 16C-20 Aquatic Plant Control Permits 16C-21 Use of Biocontrol Agent - White Amur Fish 16C-25 Conservation of Oil and Gas: General 16C-26 Conservation of Oil and Gas: Permitting 16C-27 Conservation of Oil and Gas: Drilling 16C-28 Conservation of Oil and Gas: Production and Flowlines 16C-29 Conservation of Oil and Gas: Injection Wells, Well Workovers, and Abandonments 16C-30 Conservation of oil and Gas: Wetlands and Submerged Lands 16C-50 State Funding for Aquatic Plant Control 16D-1 Division Organization and Function 604 16D-2 Cperation of Division Recreation Areas and Facilities 16D-3 Land Acquisition process 16D-4 Land Use Classifications 16D-5 Financial Assistance for Outdoor Recreation 16D-7 Florida Recreational Trails system 16D-10 State Park System Land Acquisition Project Selection 16D-11 State Park System Development Program 16L-1 Manasota Basin Board 16L-2 Organization and Procedures of District 16M-1 Organization 16M-25 Personnel Rules 16M-3 Miscellaneous 16N-1 Shad 16N-2 Shrimp 16N-3 Crawfish 16N-4 Lines of Demarcation 16N-5 Oysters 16N-6 Gear and Equipment 16N-7 Mullet 16N-8 Stone Crabs 16N-10 Seafood Dealers 16N-16 Pollutant Discharge Act 16N-18 Florida Intracoastal Waterway Markers 16N-19 Blue Crab Buoy and Permit Number 16N-20 Croakers 16N-21 Palm Beach County Spearfishing 16N-22 Florida Manatee Sanctuary Act 16N-23 Uniform Waterway Markers in Florida Waters 16N-24 Boating Restricted Areas 16N-27 Seafood Quality Control Code 16N-34 Vessel Titling 16P 1-3 Canal Authority (CFBC) 16N-33 Boat Registration 160-l Organization 16Q-2 Conservation and Recreation Lands 16Q-3 BTIITF: State Land Acquisition Procedures 16Q-10 Public Land Survey Restoration and Perpetuation 16Q-11 Procedures for Contracting for Land Surveying Services 16Q-15 Public Lands 16Q-16 Murphy Act Lands 16Q-18 Biscayne Bay Aquatic Preserve 16Q-20 Florida Aquatic Preserves 16Q-21 Sovereignty Submerged Lands Management 16Q-22 Spoil Site Acquisition and Improvement 16Q-23 Land Management Advisory committee CHAPTER 17, F.A.C. - DEPARTMENT OF ENVIRONMENTAL REGULATION 17-1 Rules of Administrative Procedures Proceedings 17-2 Air Pollution 17-3 Water Quality Standards 17-4 Permits 17-5 Cpen Burning and Frost Protection Fires 605 17-6 Domestic and Industrial Waste Treatment Requirements 17-7 Resource Recovery and Management 17-8 Ad Valorem Tax Assessment Rules, etc. 17-9 Minimum Requirements for Earthen Daum, Phosphate Mining and Processing 17-11 Assessment of Damages 17-12 Dredge and Fill Activities 17-14 Detergents 17-15 Sewage Treatment,Facilities Revolving Loan Program 17-16 Water and Domestic Wastewater Plants Cperator Certification 17-17 Electric Power Plant Siting 17-19 Domestic Wastewater Treatment Plant Monitoring 17-20 Division of Environmental Permitting: Governing Water Well Contractors in Florida 17-21 Division of Environmental Permitting: Governing Water Wells in Florida 17-22 Public Drinking Water Systems 17-23 Industrial Siting 17-24 Coastal Management Program Grants 17-25 Regulation of Stormwater Discharge 17-26 State Public Works Program - Basis of State Review 17-28 Underground Injection Control 17-30 Hazardous Waste 17-31 County and Regional Hazardous Waste Management Program 17-32 Management of Hazardous Waste by Governmental Agencies 17-33 Criteria for Siting Multipurpose Hazardous Waste Facility 17-40 Water Policy 17-42 Water Management Trust Fund 17-50 Construction Grants Program Priority System for Wastewater Treatment Works 17-60 Pollution Prevention and Control: Equivalency Standards for Barrels 17-61 Stationary Tanks 17-100 to 104 Administrative Procedures CHAPTER 18, F.A.C. - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND 18-7 Rules of Procedure CHAPTER 22, F.A.C. - DEPARTMENT OF ADMINISTRATION (E - Comprehensive Planning) 22-1 Organization 22-8 Division of State Planning: Organization and Functions 22E-2 Ten Year Site Plans CHAPTER 25, F.A.C. - PUBLIC SERVICE COMMISSION 25-6 Electric Service by Electric Public Utilities 6 0 6 25-7 Gas Service by Gas Public Utilities 25-8 Application for Authority to Issue and Sell Securities 25-9 construction and Filing of Tariffs by Public Utilities 25-14 Limitations on Rates, Charges, and Tariffs 25-17 Conservation 25-22 Rules Governing Practice and Procedure 25-23 Reil Transportation 25-30 Service Availability Charges and Conditions CHAPTER 27, F.A.C. - EXECUTIVE OFFICE OF THE GOVERNOR (C - Energy Office) (E - Comprehensive Planning) (F - Administration Commission) (G - Land and Water Adjudicatory Commission) 27-3 Administration Commission: Organization 27-4 Land and Water Adjudicatory Commission: Organization 27-5 Division of Budget: Organization and Function 27C-1 Distribution of State Set-aside of Petroleum Products 27E-1 Establishing Boundaries for Comprehensive Planning District 27E-3 OPB: Rules of Practice and Procedure, etc. 27F-2 Land Planning Part II-Developments Presumed to be of Regional Impact 27F-3 Big Cypress ACSC 27F-5 Boundary and Principles for Guiding Development for the Green Swamp ACSC 27F-6 Boundary and Regulations for Green Swamp ACSC, Polk County 27F-7 Boundary and Regulations for Green Swamp ACSC, Lake County 27F-8 Boundary and Principles for Guiding Development for the Florida Keys ACSC 27F-9 Land Planning Regulations for Keys ACSC, Monroe County 27F-10 Regulations for Keys ACSC - City of Key Colony Beach 27F-11 " " " " - City of Layton 27F-12 " " " " - City of Key West 27F-13 " " " " - City of North Key Largo Beach 27F-15 Land Planning Boundary and Principles for Guiding Development for the City of Key West 27G-1 Rules of Appeal Procedure 27F-14 Coastal Energy Impact Program 27F-16 Regulations for ACSC - City of Key West CHAPTER 28, F.A.C. - ADMINISTRATION COMMISSION 28-1 Organization CHAPTER 29, F.A.C. - REGIONAL PLANNING AGENCIES (C - North Central Florida RPC) (D - Northeast Florida RPC) (E - Withlacoochee RPC) (F - East Central Florida RPC) (G - Central Florida RPC) (H - Tampa Bay RPC) (I - Southwest Florida RPC) 607 (J - South Florida RPC) (K - Treasure Coast RPC) (L - Apalachee RPC) 29C-1 Organization 29C-2CLearinghouse Committee: organization 29C-4 Personnel Regulations 29C-5 Council Retirement Program 29D-1 Organization, Purpose, Operation 29D-3 DRI's 29F-l Organization 29E-2 DRI's 29E-6 A-95 Review Process 29F-1 Organization. 29F-2 Personnel 29F-3 Project Review Committee and Procedures 29F-4 Project Review Policy 29F-5 Public meting Policy 29F-6 Press and Public Information Policy 29F-7 Affirmative Action Policy 29F-8 Committee Terms of Appointment and Quorum 29F-9 Coastal Management Policy 29F-10 Energy Policy 29G-l Organization 29H-1 Organization 29H-8 DRI Review Procedures 29H-9 Review Criteria 29I-1 Organization, Purpose, Operations 29I-2 Goals, Objectives, Policies 29I-4 DRI's 29J-1 Organization, Purpose, Operation 29J-2 Practice and Procedure 29K-1 Organization, Purpose, Operation 29K-2 DRI's 29K-3 Review Procedures 29L-1 Organization 29L-2 DRI Review Procedure 29L-3 A-95, IGCPA, Regional Plan, and Other Review Procedures CHAPTER 35, F.A.C. - METROPOLITAN PLANNING ORGANIZATIONS (E - Jacksonville Urban Area) 35E-l Organization 35E-2 Agenda and Scheduling of Meetings and Workshops 35E-3 Rulemaking Proceedings 35E-4 Declaratory Statements 35E-5 Decisions Determining Substantial Interests 35E-6 Licensing 608 CHAPTER 39, F.A.C. - GAME AND FRESH WATER FISH COMMISSION 39-1 General: Ownership, Short Title, Severability, Definitions 39-2 Organization, Practice, Procedure, Policies 39-3 Wildlife officers 39-4 General Prohibitions and Requirements 39-5 Licenses and Permits 39-6 Wildlife as Personal Pets 39-7 Archery and Muzzleloading Guns 39-9 Miscellaneous Permits 39-10 Commercial Licenses 39-11 Boats and Vehicles 39-12 Rules Relating to Game 39-13 General Hunting Regulations 39-14 Establishment orders for Designated Areas 39-15 TYPE I Wildlife Management Areas 39-16 Type II Wildlife Management Areas 39-17 Wildlife and Environmental, Areas 39-18 Wildlife Refuges 39-20 Fish Management Areas 39-21 Wild Hog Areas 39-22 Miscellaneous Areas 39-23 Rules Relating to Freshwater Fish 39-24 Rules Relating to Furbearing Animals & Possession of Hides 39-25 Rules Relating to Reptiles 39-26 Rules Relating to Amphibians 39-27 Rules Relating to Endangered or Threatened Species 39-28 Florida Waterfowl Stamp Contest CHAPTER 40, F.A.C. - WATER MANAGEMENT DISTRICTS (A - Northwest Florida WMD) (B - Suwannee River WMD) (C - St. Johns River WMD) (D - Southwest Florida WMD) (E - South Florida WMD) 40A-1 General and Procedural Rules 40A-2 Regulation of Consumptive Uses of Water 40A-3 Regulation of Wells 40A-4 Management and Storage of Surface Waters 40A-5 Regulation of Artificial Recharge Facilities 40A-6 Works of the District 40A-9 Water Management Lands Trust Fund 40A-44 Regulation of Agriculture & Forestry Surface Water Mgt. 40B-1 General and Procedural Rules 40B-2 Permitting of Water Use 40B-3 Rules and Regulations Governing Water Wells in District 40B-5 Permitting of Artificial Recharge Facilities 40B-9 Water Management Lands Acquisition Procedures 40B-44 Agriculture & Forestry Surface Water Management 40C-1 General and Procedural 40C-2 Permitting of Consumptive Uses of Water 40C-3 Regulation of Wells, 40C-4 Management and Storage of Surface Waters 6 0 9 40C-5 Artifical Recharge 40C-6 Works of the District 40C-9 Water Management Lands Acquisition Procedures 40C-21 The Water Shortage Plan 40C-40 General Surface, Water Permits 40C-41 Surface Water Management Basin Criteria 40D-0 General 40D-1 Procedural 4OD-2 Consumptive Use 40D-3 Regulation of Walls 40D-4 Management and Storage of Surface Waters 40D-5 Artifical Recharge 40D-6 Works of the District 40D-8 Water Levels and Rates of Flow 40D-9 Land Acquisition 40D-20 General Water Use Permits 40D-21 Water Shortage Plan 40D-40 General Surface Water Permit Policy 40E-1 General and Procedural 40E-2 Consumptive Use 40E-4 Surface Water Management 40E-5 Artificial Recharge 40E-6 Works of the District 40E-7 Miscellaneous Provisions 40E-9 Real Property Acquuisition and Disposal 40E-20 General water Use permits 40E-21 Water Shortage Plan 40E-22 surface Water Management 40E-30 General Permits 40E-40 General Surface water Management Permits 40E-41 Surface Water Management Basin Criteria CHAPTER 119, Florida Statutes) CHAPTER 120, Florida Statutes) NOT included in this referencing CHAPTER 201, Florida Statutes) 6 1 0 DATE DUE fill 3 6668 14106 0741