Florida Administrative Code

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 120.54(5), 373.044, 373.113, 373.118, 373.414 FS. Law Implemented 120.54(5), 373.118, 373.413, 373.414, 373.416, 373.426 FS. History-New 10-3-95, Amended 12-23-97, Formerly 40D-400.211, Amended 7-2-98, 11-2-08, Formerly 40D-1.1024, 40D-1.6052, Repealed 10-23-…

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419, 373.429 FS. History-New 10-3-95, Amended 7-2-98, Repealed 10-23-15.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406 FS. Law Implemented 373.026, 373.043, 373.046, 373.118, 373.403, 373.413, 373.416, 373.417, 373.418, 373.419, 373.422, 373.423, 373.426 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Amended 2-19-04, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Amended 2-19-04, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.426 FS. History-New 10-3-95, Amended 2-19-04, 9-25-07, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.416, 373.426 FS. History-New 10-3-95, Amended 9-25-07, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Amended 2-19-04, 8-1-10, Repealed 10-23-15.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406, 373.414 FS. Law Implemented 373.019, 373.026, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129, 373.136, 373.403, 373.409, 373.413-.443 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.026, 373.043, 373.044, 373.046, 373.118, 373.406, 373.414 FS. Law Implemented 373.019, 373.026, 373.043, 373.046, 373.109, 373.117, 373.118, 373.119, 373.123, 373.129, 373.136, 373.403, 373.409, 373.413-.443 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.118, 373.414 FS. Law Implemented 373.413, 373.419 FS. History-New 1-24-02, Amended 8-30-09, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.118, 373.414 FS. Law Implemented 373.413, 373.419 FS. History-New 1-24-02, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 10-3-95, Amended 5-4-05, 8-30-09, 12-12-11, Repealed 10-23-15.

Rulemaking Authority 373.044, 373.113, 373.118 FS. Law Implemented 373.413, 373.414, 373.416, 373.419 FS. History-New 4-17-11, Repealed 10-23-15.

(1) This chapter establishes the policy and procedure for suspending a contractor from working with the District, either temporarily or permanently, when a contractor materially breaches a contract with the District. (2) The District's objective in enacting this chapter is to ser…

When used in this chapter: (1) "Contractor" means an individual, partnership, corporation, joint venture, professional association, an obligor to a third party beneficiary contract, or any other legal entity, including any associated principals, that has entered into a contract w…

(1) For the purposes of this chapter, the Procurement Manager, or subsequently titled position, shall determine, in consultation with the District's Executive Director and General Counsel, whether a contractor has materially breached a contract with the District. (2) The determin…

(1) Once the District has sent a Notice to Defaulting Contractor to the contractor, the Governing Board shall determine whether the contractor should be suspended from doing business with the District, and if suspended, the duration of the suspension. (2) The Governing Board shal…

The Suspension Notice shall constitute agency action subject to the provisions of Chapter 120, F.S. Rulemaking Authority 373.610 FS. Law Implemented 373.610 FS. History-New 1-5-15.

(1) The purpose of Chapter 40D-8, F.A.C., is to establish Minimum Flows and Levels at specific locations throughout the District pursuant to Sections 373.042 and 373.0421, F.S., to describe Guidance Levels for lakes, and to describe how the Minimum Flows and Levels will be used b…

The terms set forth herein shall have the meanings ascribed to them unless the context clearly indicates otherwise, and such meanings shall apply throughout these rules. The terms defined in Rule 40D-1.102, F.A.C., shall also apply throughout Chapter 40D-8, F.A.C., and the terms …

(1) No Guidance Levels shall be prescribed for any reservoir or other artificial structure which is located entirely within lands owned, leased, or otherwise controlled by the user, and which require water only for filling, replenishing, and maintaining of the water level thereof…

(1) Minimum Flows for the Lower Hillsborough River. (a) For the purposes of Minimum Flows, the Lower Hillsborough River is defined as the River downstream of Fletcher Avenue. A tributary of the Lower Hillsborough River is Sulphur Springs, an artesian spring which enters the River…

(1) Schedules, levels, and procedures for operation of lakes with a District-owned management structure shall be established by the Board. (2) The operating range for a structure of a lake shall be prescribed as that between the high operating level and the low operating level. (…

(1) Minimum Wetland Levels are established and incorporated into Table 8-1 below. TABLE 8-1 Adopted Minimum Wetland Levels Wetland Site Minimum Wetland Level (feet NGVD) Latitude (Decimal Degrees) Longitude (Decimal Degrees) (a) Cypress Creek W-11 67.8 28.2957 -82.3854 (b) Cypres…

(1) Levels for lakes adopted during or after August 7, 2000, are set forth in Table 8-2 in subsection 40D-8.624(7), F.A.C. There are two Minimum Levels for these lakes, the High Minimum Lake Level and the Minimum Lake Level. For lakes with levels adopted during or after August 7,…

(1) Hillsborough County North of State Road 60, and Pasco and Pinellas Counties Salt Water Intrusion within this area has not been regional in nature, but is of localized concern in some coastal areas. The District has chosen the North Pinellas, Southwest Pasco and Northwest Hill…

This Chapter sets forth the regulatory portions of the recovery or prevention strategies to achieve or protect, as applicable, the Minimum Flows and Levels established for rivers, lakes, wetlands and aquifers in Chapter 40D-8, F.A.C., as required by Section 373.0421(2), F.S., (19…

Beginning November 25, 2007, the Minimum Flow for the Lower Hillsborough River shall be as provided in subsection 40D-8.041(1), F.A.C., to be achieved on the time schedule as set forth below. The District and the City of Tampa (City) shall measure the delivery of water to the bas…

(1) Background. Section 373.042, F.S., requires the District to establish Minimum Flows and Levels for priority waters within its boundaries. The District has established Minimum Flows and Levels (MFLs) within the Southern Water Use Caution Area (SWUCA), described in subsection 4…

Rulemaking Authority 120.54, 373.0421, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.023, 373.036, 373.042, 373.0421, 373.171 FS. History-New 6-16-11, Amended 5-19-14, Repealed 2-17-22.

When used in this part: (1) "Access point" means a designated location or boundary for public access to District Lands. (2) "Bicycle" means every vehicle propelled solely by human power, and every motorized bicycle propelled by a combination of human power and an electric helper …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) District Lands shall be open to the public from 30 minutes prior to sunrise until 30 minutes after sunset only, unless otherwise authorized by the District. (2) Public access to District Lands is provided at designated access points from public roadways. District Lands, excep…

Any entity planning to conduct a commercial recreational activity consistent with these rules on District Lands shall contact the District and provide the following information prior to entry upon District Lands: (1) Name of business and owner, (2) Address of business and owner, …

Recreational fishing as authorized and regulated by the Florida Fish and Wildlife Conservation Commission is allowed on District Lands except where specifically restricted by signs. The Florida Fish and Wildlife Conservation Commission requires any person engaging in recreational…

Commercial fishing is prohibited on all District Lands unless authorized by a Special Use Authorization. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law Implemented 373.1391, 373.59 FS. History-New 7-20-04.

Hiking is allowed on District Lands except where specifically restricted by signs. For the purposes of this subsection, hiking shall include jogging, wildlife watching, or any other activity where travel is by foot only. Rulemaking Authority 373.044, 373.113, 373.1391(6) FS. Law …

(1) Equestrian activities are allowed on District Lands where identified by posted signage on trails, areas, roads, or equestian campgrounds. (2) Persons using equine animals on District lands must have proof of a negative Coggins test for Equine Infectious Anemia in their posses…