Florida Administrative Code

(1) In order to reduce the time required for processing notices of intent to mine or conceptual plans, meetings are encouraged and should be arranged with the Department prior to doing substantial work on such notices and plans. If a meeting is requested by an operator, the Depar…

Department reviews shall be conducted as follows: (1) Within 30 days after receipt of an operator's notice of intent to mine, separately submitted conceptual reclamation plan, conceptual reclamation plan modification, or request for other approval, the Department shall review the…

Rulemaking Authority 378.404 FS. Law Implemented 378.406 FS. History-New 3-19-87, Amended 11-29-90, Formerly 16C-38.007, Repealed 2-16-12.

The following standards shall apply to any original surface area that is initially disturbed by mining operations on or after October 1, 1986, and is not covered by an approved conceptual reclamation plan. The standards in Rule 62C-16.0051, F.A.C., as existing on September 30, 19…

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department and provide a map which specifically delineates the completed area. (2) Within 60 days after receipt of the notification, the Department shall notify the operator in writing wheth…

(1) On or before March 1 of each year, each operator shall submit to the Department a report for the previous calendar year for each mine under his control. Each report shall be submitted in accordance with the document format and standards in Rule 62C-38.004, F.A.C., and shall i…

Rulemaking Authority 378.404 FS. Law Implemented 120.69, 378.404, 378.408, 378.409, 378.703 FS. History-New 3-19-87, Amended 11-29-90, Formerly 16C-38.012, Repealed 2-16-12.

The following forms are available from the Department and are incorporated by reference: (1) Form 1. Notice of Intent to Mine Fuller's Earth, Fuller's Earth Form 1, DEP 53-039(16), effective 11/90. (2) Form 2. Fuller's Earth Mine Conceptual Reclamation Plan Modification, Fuller's…

For the purpose of this chapter, the following words and terms shall have the definitions and meanings ascribed to them in this section: (1) "Agency" means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of go…

(1) New Mines. Operators of new mines shall notify the secretary of their intent to mine or their commencement of mining operations, as follows: (a) Subsequent to the effective date of this rule, no operator may begin the process of extraction at a new mine without notifying the …

The use of standardized forms referenced in this rule is required to insure that all requests that require agency action are handled in an efficient and expeditious manner. Additional pages needed to complete each form shall conform to the standards in this section. The number of…

All agency reviews shall be conducted as follows: (1) Within 30 days after receipt of an operator's notice of mining, notice of changes, or other required information, the Department shall review the notice or required information and shall request the submittal of any additional…

Rulemaking Authority 370.021, 378.404 FS. Law Implemented 378.406 FS. History-New 1-19-89, Formerly 16C-39.007, Repealed 2-16-12.

The Department is authorized to inspect all mines subject to this rule to determine compliance with rule requirements and to determine if reclamation has been properly completed thereby allowing the release of the operator from further obligations. The following standards shall a…

Rulemaking Authority 378.404 FS. Law Implemented 378.407 FS. History-New 1-19-89, Formerly 16C-39.009, Repealed 11-26-15.

(1) Upon completion of reclamation requirements in an area, the operator shall notify the Department and provide a map which specifically delineates the completed area. The notice shall be an executed copy of DEP Form 53-032(16), incorporated by reference in Rule 62C-39.014, F.A.…

Rulemaking Authority 370.021, 378.404 FS. Law Implemented 120.69, 378.408, 378.409 FS. History-New 1-19-89, Formerly 16C-39.012, Repealed 2-16-12.

Multiple Resource Operators. If an operator is engaged in extracting more than one resource from the same mine, the operator shall be subject to the requirements of the rule chapter, specifically Chapter 62C-16, 62C-36, 62C-37, 62C-38, or 62C-39, F.A.C., that regulates the partic…

The following forms are available from the Department and are incorporated herein by reference: (1) Notice of Intent to Mine or Mining Other Resources, Other Resources Form 1, DEP 53-031(16), effective 1/89. (2) Other Resources Mine Reclamation Release Request, Other Resources Fo…

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.001, Transferred to 5B-64.001.

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.002, Transferred to 5B-64.002.

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.003, Transferred to 5B-64.003.

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.004, Transferred to 5B-64.004.

Rulemaking Authority 369.25, 369.251, 370.021 FS. Law Implemented 369.25, 369.251, 370.021, 370.028 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.008, Transferred to 5B-64.008.

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.010, Transferred to 5B-64.010.

Rulemaking Authority 369.25, 369.251 FS. Law Implemented 369.25, 369.251 FS. History-New 8-11-86, Amended 6-13-93, Formerly 16C-52.011, Transferred to 5B-64.011.

Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 403.088, 369.20, 369.22 FS. History-New 1-7-87, Amended 5-30-93, Formerly 16C-54.001, Transferred to 68F-54.001.

Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 369.20, 369.251, 369.22 FS. History-New 1-7-87, Amended 5-30-93, Formerly 16C-54.003, Transferred to 68F-54.003.

Rulemaking Authority 370.021, 369.20, 369.22 FS. Law Implemented 369.20, 369.22 FS. History-New 5-30-93, Formerly 16C-54.0035, Transferred to 68F-54.0035.

Rulemaking Authority 370.021(1), 369.20, 369.22 FS. Law Implemented 369.20, 369.22, 120.60 FS. History-New 1-7-87, Amended 5-30-93, Formerly 16C-54.005, Transferred to 68F-54.005.

(1) "Act" means the Myakka River Wild and Scenic Designation and Preservation Act. (2) "Activity" means the doing of any act or the failing to do any act by a person. (3) "Adverse impact" means the permanent, long-term or significant degradation, impairment, or loss of resource v…

(1) The purpose of this chapter is to implement a regulatory program which includes a permit program to protect and enhance the resource values as identified in the Myakka Wild and Scenic River Management Plan as adopted by the Governor and Cabinet on May 22, 1990, which is hereb…

(1) The conduct of any activity by a person within the river area which will have an adverse impact on any resource values in the river area shall be regulated by the department. (2) The "maximum upland extent of wetlands vegetation" for purposes of determining the landward bound…

The activities in this rule, conducted by a person, are presumed to have adverse impacts on resource values in the river area and will be prohibited unless otherwise provided by law. However, persons may submit permit applications in accordance with Rules 62D-15.006, 62D-15.009 a…

(1) A Myakka River permit is required from the department before a person may engage in certain activities. An application form titled, State of Florida Joint Application for Permit, DEP FORM 62-312.900(1), November 30, 1982, which is incorporated by reference, may be obtained fr…

(1) Activities that have not been prohibited, or subject to permit review may be conducted within the river area without a Myakka River permit unless the activities will have adverse impacts on resource values in the river area. If there is evidence produced or observed by depart…

(1) In accordance with Section 258.501(10), F.S., no permit shall be issued unless the department finds that the proposed activity will not adversely impact resource values in the river area. The department will review completed applications for permits submitted as specified und…

An applicant shall make application for a Myakka River permit on the Joint Dredge and Fill Application Form as specified in Rule 62D-15.006, F.A.C. The application form must be completed with all pertinent information required in instructions attached with the application form. T…

Within 30 days following the sale or legal transfer of a permitted facility or activity, the new owner of the permitted facility or activity must register by form with the department. A registration form titled, Myakka Wild and Scenic River Registration for Transfer of Permit, DE…

Each application for a permit to be considered by the department pursuant to Section 258.501, F.S., and Rules 62D-15.005, 62D-15.006 and 62D-15.007, F.A.C., unless where otherwise provided in this chapter, shall be accompanied by a non-refundable processing fee to help defray the…

(1) Watercraft shall not exceed a slow/minimum wake speed in any part of the river area upstream of U.S. Highway 41 except for the official government agency use of watercraft. A watercraft in an area designated as a slow/minimum wake zone is traveling at a slow/minimum wake if: …

(1) Objective. All state parks have been established for the protection and preservation of their natural features or historic significance and for public use and enjoyment of the areas and facilities. The objective of these rules is to provide maximum public use consistent with …

(1) Regulation of Recreation Activities. The Division, in furtherance of the policy and intent of Chapter 258, F.S., may prohibit or regulate any activity that lessens the safety or recreational experience of the visiting public or lessens the natural or cultural value of the par…

(1) Intent. This section provides civil penalty schedules for violations of the provisions in Rules 62D-2.013 and 62D-2.014, F.A.C., as authorized by Sections 258.007, 258.008, 316.212, 316.2125, and 316.2126, F.S. (2) Level One Violations. (a) A person commits a Level One violat…

The Florida Department of Environmental Protection (DEP), pursuant to Section 375.075, F.S., is authorized to establish the Florida Recreation Development Assistance Program (FRDAP) to provide grants to qualified local governmental entities to acquire or develop land for public o…

The terms used in this part are defined as follows: (1) "ACQUISITION" means the act of obtaining real property or interests and rights thereon by various legal means to serve public outdoor recreation purposes. (2) "APPLICANT" means a local governmental entity which submits an ap…

The following constitutes the general procedures for the program: (1) DISTRIBUTION OF PROGRAM FUNDS. FRDAP funds are distributed as reimbursement grants by the Department on a project-by-project basis to applicants eligible under this rule. The Department's performance and obliga…