Florida Administrative Code

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 History-New 3-1-83, Repealed 5-31-09.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 History-New 3-1-83, Amended 5-26-88, Repealed 5-31-09.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 History-New 3-1-83, Amended 5-31-09, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.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 History-New 3-1-83, Repealed 5-31-09.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 History-New 3-1-83, Amended 5-26-88, 5-31-09, 7-21-10, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.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 History-New 4-1-93, Repealed 5-31-09.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 History-New 4-1-93, Repealed 5-31-09.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 History-New 4-1-93, Repealed 5-31-09.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 History-New 5-31-09, Repealed 5-9-17.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 History-New 4-1-93, Repealed 5-31-09.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…

(1) A water user requesting relief from a water shortage order or water shortage emergency order shall file a petition for variance but must continue to conform to the water use restrictions and other measures in that order until the District grants the variance. (2) Criteria for…

When a petition for an emergency variance or waiver under Section 120.542(3), F.S., and Rule 28-104.004, F.A.C., requires action by the Governing Board, the Board shall grant or deny a petition for emergency variance or waiver within 30 days of its receipt or at the next regularl…

Rulemaking Authority 373.044, 373.113, 373.421(2) FS. Law Implemented 373.421(2)-(5) FS. History-New 11-12-91, Amended 11-30-92, 10-3-95, Formerly 40C-4.042, Amended 8-4-98, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S. Subpart C Decisions …

(1) For all District permitting decisions, the District shall publish, or inform a permit applicant that the applicant has the right or obligation to publish, written notice of a District decision in the Florida Administrative Register or a newspaper of general circulation as set…

(1) The applicant shall have 90 days from receipt of a request for additional information regarding a permit or license application, a petition for a formal determination of the landward extent of wetlands and other surface waters, or a petition for a variance or waiver undergoin…

(1) Permission to begin construction, alteration, operation, maintenance, abandonment, or removal of any system requiring a permit under Chapter 40C-44 or 62-330, F.A.C., prior to the issuance of a permit may be applied for, in writing, when emergency conditions can be alleviated…

(1) Emergency well construction permits shall be issued by the executive director or his designee when one of the following conditions exist which justifies the issuance: (a) An existing well supplying a particular use has failed and must be immediately replaced; (b) The health, …

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History-New 7-23-91, Amended 4-25-96, Formerly 40C-20.112, Amended 8-4-98, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118, 373.171 FS. Law Implemented 373.116, 373.118, 373.229 FS. History-New 4-25-96, Formerly 40C-22.010, Amended 8-4-98, Repealed 8-14-14.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.118, 373.413, 373.416, 373.426 FS. History-New 10-3-95, Amended 1-4-96, Formerly 40C-400.211, Amended 8-4-98, 12-27-10, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c), F.S.

Rulemaking Authority 373.044, 373.046, 373.113 FS. Law Implemented 373.016(5), 373.046, 373.103, 373.421(2) FS. History-New 8-1-89, Amended 11-12-92, 10-3-95, 12-3-98, 11-11-03, 7-1-07, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.413(2)(c), F.S.

Rulemaking Authority 373.044, 373.113, 373.088 FS. Law Implemented 373.096, 373.089, 373.139(2), 373.088 FS. History-New 1-12-10, Amended 9-30-12, Repealed 12-23-15.

(1) The District is delegated authority by the Department to assume certain responsibilities of Chapters 373 and 403, F.S. This delegation is pursuant to authority contained in Sections 373.016, 373.103 and 403.805(1), F.S., and is described in Rule 62-113.200, F.A.C. (2) The Boa…

Unless otherwise provided by law, in the event that a proposed project or activity subject to the permit requirements of Division 40C, F.A.C., lies within a larger project area, a portion of which extends beyond the District's boundary, said proposed project or activity will be a…

Unless expressly exempted by law or District rule, permits or licenses must be obtained from the District prior to commencement of the following activities: (1) A consumptive use permit, pursuant to Chapter 40C-2, F.A.C., must be obtained prior to certain diversions or withdrawal…

A fee is required and shall be paid to the District when certain applications or petitions are filed pursuant to District rules or permit programs delegated to the District. Effective October 1, 1990, governmental entities shall be required to submit the fees established except a…

Rulemaking Authority 373.044, 373.113, 373.171, 380.06(9) FS. Law Implemented 380.06(9) FS. History-New 7-6-86, Formerly 40C-1.132, Amended 8-1-89, 9-25-91, 9-8-92, 10-3-95, Repealed 10-1-13. Editorial Note: Repealed pursuant to paragraph 373.4131(2)(c ), F.S.