Florida Administrative Code

Rulemaking Authority 259.101, 373.043 FS. Law Implemented 259.101, 373.016, 373.026, 373.043, 373.59 FS. History-New 5-2-94, Formerly 17-402.070, Repealed 3-15-12.

(1) Rules 62-41.300 through 62-41.305, F.A.C., and the Central Florida Water Initiative Area Supplemental Applicant's Handbook (Supplemental Applicant's Handbook), incorporated by reference in subsection 62-41.302(1), F.A.C., implements Section 373.0465(2)(d), F.S. These rules ap…

For consumptive use applicants with withdrawal points within the CFWI Area, this rule supersedes in their entirety subsections 40C-2.301(1) and (2); 40D-2.301(1) and (2); and 40E-2.301(1), F.A.C. (1) To obtain a consumptive use permit, renewal, or modification within the CFWI Are…

(1) Rules 62-41.302 through 62-41.305, F.A.C., shall be used in conjunction with the Central Florida Water Initiative Area Supplemental Applicant's Handbook (Supplemental Applicant's Handbook), effective January 5, 2022, which is hereby adopted and incorporated by reference herei…

(1) Scope. Applicants may seek a variance from Rules 62-41.301 and 62-41.302, F.A.C., and the provisions of the Supplemental Applicant's Handbook if there are unique circumstances or hydrogeological factors that make application of the uniform rules unrealistic or impractical. A …

(1) Priority List. Prior to submittal to the Department for approval pursuant to Section 373.042(3), F.S., each District proposing a Minimum Flow or Minimum Water Level (MFL) or Reservation in the Central Florida Water Initiative (CFWI) Area shall: (a) Hold a meeting among staff …

(1) Pursuant to Section 373.0465(d), F.S., this rule includes existing recovery strategies within the Central Florida Water Initiative (CFWI) Area adopted before July 1, 2016. This includes only the Southern Water Use Caution Area (SWUCA) and the Dover/Plant City Water Use Cautio…

(1) Rules 62-41.400 through 62-41.402, F.A.C., implement section 373.219, F.S. These supplemental rules provide the basis for the evaluation of consumptive uses of water to ensure they are not harmful to an Outstanding Florida Spring or its spring run as defined in subsections 37…

(1) Harmful to the Water Resources for Outstanding Florida Springs means a consumptive use that adversely impacts an Outstanding Florida Spring or its spring run in one or more of the following ways: (a) Causing harmful water quality impacts to the Outstanding Florida Spring or i…

(1) No permit issued by the agencies for the consumptive use of water shall authorize groundwater withdrawals that are harmful to the water resources as provided in paragraph (3)(g), and each permittee shall meet the criteria established in Rule 62-41.401, F.A.C. (2) In order to …

(1) The purpose of this chapter is to set forth Department-adopted minimum flows and levels (MFLs) and the regulatory provisions of any required related recovery or prevention strategy as provided in Section 373.042(4), F.S. (2) The Department recognizes that recovery and prevent…

When used in this chapter, including materials incorporated by reference, the following words shall have the indicated meanings unless the rule indicates otherwise: (1) Agency or Agencies: The Department and applicable water management districts acting under the authorities affor…

(1) Minimum Flows for Lower Santa Fe and Ichetucknee Rivers and Priority Springs (LSFIR) (a) For purposes of this rule, the Lower Santa Fe River includes the watercourse from the Santa Fe River Rise to the confluence with the Suwannee River including the Lower Santa Fe River Prio…

Rulemaking Authority 373.043 FS. Law Implemented 373.026, 373.453, 373.455, 373.456 FS. History-New 12-7-87, Amended 2-21-90, Formerly 17-43.010, Repealed 2-28-12.

(1) "Department" means the Department of Environmental Protection. (2) "Secretary" means the Secretary of the Department of Environmental Protection. (3) "District" means any one of the five water management districts created by Section 373.069, F.S. (4) "Fund" means the Surface …

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments, shall develop and maintain…

(1) Each District, in cooperation with the Department, the Department of Agriculture and Consumer Services, the Department of Community Affairs, the Game and Fresh Water Fish Commission, the Department of Environmental Protection, and local governments shall prepare and submit to…

(1) The Department shall release money from the Fund to each District for the development of priority lists or plans or for implementation of Adopted Plans. Implementation funds, including matching funds, are only to be used for new activities or the expansion of current activiti…

(1) Each September 1 each District shall submit to the Department a funding proposal for the next state fiscal year for review and approval. Each proposal shall be based on the Adopted Plan funding estimates which shall be revised to reflect actual and projected progress toward m…

(1) On July 1 of each year and each quarter thereafter or as soon thereafter as possible, the Department shall prepare and furnish to each District a financial statement providing the current unobligated cash balance in the Fund for each District. (2) On July 1 of each year and e…

Rulemaking Authority 373.043, 373.453 FS. Law Implemented 373.026, 373.451, 373.453 FS. History-New 2-21-90, Formerly 17-43.100, Repealed 2-28-12.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.01, 17-45.001, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Amended 10-16-84, Formerly 17-45.02, 17-45.020, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.088, 403.816 FS. History-New 3-28-84, Formerly 17-45.03, 17-45.030, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.04, 17-45.040, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.05, 17-45.050, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.087(6), 403.805(1) FS. Law Implemented 403.087(6), 403.816 FS. History-New 3-28-84, Amended 10-16-84, 8-28-85, Formerly 17-45.06, 17-45.060, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Amended 10-16-84, Formerly 17-45.07, 17-45.070, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.08, 17-45.080, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.09, 17-45.090, Repealed 11-26-15.

Rulemaking Authority 403.061, 403.087, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.121, 403.141, 403.151, 403.161, 403.816, 403.901-403.915 FS. History-New 3-28-84, Formerly 17-45.10, 17-45.100, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Amended 10-16-84, Formerly 17-45.11, 17-45.110, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.12, 17-45.120, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.13, 17-45.130, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.14, 17-45.140, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.15, 17-45.150, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Amended 10-16-84, Formerly 17-45.16, 17-45.160, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.17, 17-45.170, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.061(11), 403.816 FS. History-New 3-28-84, Formerly 17-45.18, 17-45.180, Repealed 11-26-15.

Rulemaking Authority 403.061(7), 403.805(1) FS. Law Implemented 403.816 FS. History-New 3-28-84, Formerly 17-45.19, 17-45.190, Repealed 11-26-15.

Rulemaking Authority 403.1835(5)(a) FS. Law Implemented 403.1835 FS. History-New 7-29-04, Repealed 2-16-12.

For purposes of this rule chapter: (1) "Act" means the Federal Water Pollution Control Act, 33 USC §1251 et seq., as amended, June 2014, by the Water Resources Reform and Development Act, also known as the amended Clean Water Act. Sections 212 (33 USC §1292), 319 (33 USC §1329), …

(1) Steps involved in obtaining a loan. (a) Request for inclusion. The project sponsor shall submit a Request for Inclusion Form, incorporated by reference in subsection 62-503.200(33), F.A.C., to the Department to establish project ranking on the priority list as outlined in par…

(1) General. (a) A complete loan application, Form Application 1, State Revolving Fund Loan Program for Point Source Water Pollution Control Loan Application, effective 3-9-22, or Form Application 2, State Revolving Fund Loan Program for Nonpoint Source Water Pollution Control Lo…

(1) Small community reserve. Fifteen percent of the funds allocated each year by the Department less the amount of any bonds issued or to be issued by the Florida Water Pollution Control Financing Corporation shall be reserved to fund projects that will serve small communities. T…

Rulemaking Authority 403.1835(10) FS. Law Implemented 403.1835 FS. History-New 4-17-89, Amended 12-4-91, 2-23-94, Formerly 17-503.600, Amended 12-26-96, 1-4-98, 7-1-99, 2-6-02, 7-29-04, Repealed 4-22-14.

(1) General. The requirements of subsections (2) through (6), below, shall be met for all projects. (a) Federal regulations incorporated by reference shall be read so that the terms "United States," "federal," "EPA," and "officials of EPA" mean "the Department" unless the context…