Florida Administrative Code

The Governing Board hereby establishes the following minimum surfacewater flows and levels. The Governing Board finds that the following minimum surfacewater flows and levels are the limit at which further withdrawals would be significantly harmful to the water resources or ecolo…

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. (1) The minimum su…

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. (1) The minimum su…

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. The minimum surfac…

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. (1) The minimum su…

The Governing Board hereby establishes the following minimum surfacewater flows. The Governing Board finds that the following minimum surfacewater flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. (1) The minimum su…

The Governing Board hereby establishes the following minimum flows. The Governing Board finds that the following minimum flows are the limit at which further withdrawals would be significantly harmful to the water resources or ecology. (1) The minimum surface water flow for the S…

(1) The following terms, as used in this rule, shall have the following meanings: (a) "High Minimum Lake Level" means the surface water level the lake must meet or exceed ten percent of the time on a long-term basis to ensure it reaches higher levels on a periodic basis. (b) "Min…

(1) Under Section 373.139(2), F.S., the Governing Board is authorized to acquire fee or less than fee title to real property, easements and other interests or rights therein, by purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water storage, water ma…

When used in this part, the term: (1) "Access" means a point where the public can enter District lands by foot, horseback or non-motorized vehicles. (2) "Aircraft" means any vehicle supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces, inclu…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History-New 3-1-83, Amended 5-26-88, Repealed 5-31-09.

(1) Bona fide offers for sale. The District's land acquisition process is initiated when the District receives from an owner of real property a bona fide offer for sale to the District. A bona fide offer is one which includes: (a) The county property appraiser's tax parcel identi…

Rulemaking Authority 373.044, 373.083, 373.139 FS. Law Implemented 373.013, 373.089, 373.139, 373.59 FS. History-New 5-31-09, Repealed 7-21-10.

Rulemaking Authority 373.044, 373.083, 373.139 FS. Law Implemented 373.013, 373.139, 373.1961, 373.59 FS. History-New 3-1-83, Amended 5-31-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History-New 3-1-83, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History-New 3-1-83, Amended 5-26-88, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.083, 373.139 FS. Law Implemented 286.23 FS. History-New 3-1-83, Amended 5-31-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History-New 3-1-83, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 270.11, 373.089, 373.103, 373.139, 373.59 FS. History-New 3-1-83, Amended 5-26-88, 5-31-09, 7-21-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.1401, 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

Rulemaking Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

Rulemaking Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History-New 5-31-09, Repealed 5-9-17.

(1) District lands shall be managed and maintained, to the extent practicable, in a manner that ensures a balance between public access, general public recreational purposes, and restoration and protection of their natural state and condition. Part II of this chapter establishes …

(1) District lands shall be open to the public during daytime hours unless otherwise posted or authorized. (2) Public motor vehicle access to District lands is only allowed at designated entrances. (3) District lands may be accessed from any adjacent waterway or waterbody at any …

(1) Activities not authorized in this section, posted on the Land or specifically authorized under a Special Use Authorization or otherwise in writing by the District are expressly prohibited and subject to prosecution. Compliance with these rules does not preclude the need to al…

Rulemaking Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

Rulemaking Authority 373.1401, 373.044, 373.59, 810.09 FS. Law Implemented 373.1401, 373.59, 810.09 FS. History-New 4-1-93, Amended 8-7-96, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.59, 810.09 FS. Law Implemented 373.59, 810.09 FS. History-New 4-1-93, Repealed 5-31-09.

Rulemaking Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

The following activities are prohibited on District lands to the extent specified herein unless specifically authorized by the written terms of a Governing Board approved agreement or lease with any governmental entity or public or private utility or as part of a land management …

Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.1391 FS. History-New 7-21-10, Repealed 1-19-16.

Rulemaking Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History-New 4-1-93, Repealed 5-31-09.

(1) Persons may apply for Special Use Authorizations for public uses of District lands not specifically authorized in Part II of this chapter and Rule 40B-9.131, F.A.C., provided the impacts from the requested use are consistent with the District's Land Management Plan. If the ap…

(1) The granting of a license or easement for ingress and egress or other rights-of-way will be considered only when there exists a way of necessity as defined in Section 704.01, F.S., or it will benefit the general public. (2) Where there is no associated clear way of necessity,…

(1) The District may grant a lease to use District land only when the purpose of the lease is consistent with the District's land management plan and in compliance with the requirements of Section 373.093, F.S. The scope of any lease to use District land shall be restricted to th…

(1) District lands shall be closed to the public when such action is necessary to protect the water resources, natural resources and/or historic resources of the land. Such closure is not limited to, but may include those areas that are used for water resource development, water …

(1) Pursuant to Section 373.613, F.S., failure to comply with any provisions of these rules is a misdemeanor of the second degree, punishable as provided in Section 775.082 or 775.083, F.S. (2) The penalties specified in these rules are cumulative and do not supersede other legal…

If an agency has entered into lease agreement with the District regarding specific District lands, the rules of that agency shall apply where in conflict with these rules. If the lease agreement does not address a specific use, or if the agency does not have rules addressing a sp…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.52, 373.019, 373.203, 373.303, 373.403, 403.031, 403.803, 403.911 FS. History-New 1-22-76, Amended 3-1-77, Formerly 16I-1.03, 40C-1.03, 40C-1.031, Amended 8-1-89, 10-3-95, 11-11-03, Repealed 10-1-13. Editorial Note: Re…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 122.326, 373.073, 373.079, 373.083, 373.103 FS. History-New 8-1-89, Amended 10-8-91, 8-12-08, Repealed 11-3-15.

(1) District funds may be disbursed with the Governing Board's approval by check bearing the signatures or facsimile signatures of the treasurer or assistant treasurer and the chairman or vice chairman. All general and interfund checks issued shall be reported to the Governing Bo…

Rulemaking Authority 120.53(1), 373.044, 373.113 FS. Law Implemented 112.3143, 120.53, 373.079 FS. History-New 4-18-83, Formerly 40C-1.20, 40C-1.201, Amended 8-1-89, Repealed 8-12-08.

This rule establishes a deferred compensation program, under Section 112.215, F.S., and section 457 of the Internal Revenue Code, whereby District employees may voluntarily defer all or part of their otherwise payable compensation pursuant to a deferred compensation plan approved…

Except as otherwise provided, the Uniform Rules of Procedure, Chapters 28-101 through 28-110, F.A.C., shall apply to the District. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 120.54(5) FS. History-New 8-4-98. Subpart A Variance or Waiver

Rulemaking Authority 373.044, 373.113, 373.414(9), (17) FS. Law Implemented 373.414(9), (17), 403.201 FS. History-New 10-3-95, Formerly 40C-4.311, Amended 8-4-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

(1) The Board finds that in certain cases compliance with all the requirements of Chapter 40C-3, F.A.C., may result in an undue hardship in the construction, repair or abandonment of wells. (2) An affected person may request a variance from specific requirements by making a writt…