Florida Administrative Code

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.083, 373.085, 373.086, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

The District is authorized to seek any enforcement or corrective action available under Florida law for permittees out of compliance with the provisions of this chapter, pursuant to Chapter 373, F.S., and rules adopted thereunder. (1) If an individual permittee is determined to b…

(1) In addition to implementing an approved BMP Plan, permittees may elect or be required to participate in a discharge monitoring program pursuant to Rules 40E-63.437, 40E-63.438, paragraph 40E-63.444(1)(r), subsection 40E-63.461(4) or 40E-63.461(6), F.A.C., and be subject to: (…

For those applicants proposing to implement the Permit Basin Discharge Monitoring Program, the District-approved monitoring plan will be incorporated into a modified General Permit and the following limiting conditions shall be met in addition to the conditions indicated in Rule …

Rulemaking Authority 373.044, 373.083, 373.085, 373.113, 373.4592 FS. Law Implemented 373.085, 373.4592 FS. History-New 1-24-02, Repealed 11-9-10.

Rulemaking Authority 287.055(3)(d), 373.044, 373.113 FS. Law Implemented 287.055, 373.083(1) FS. History-New 9-3-81, Formerly 16K-1.18, Amended 10-19-87, 2-18-90, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 287.055 FS. History-New 9-3-81, Formerly 16K-1.18(2), Amended 10-19-87, 2-18-90, 1-17-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) This rule establishes policies and procedures for suspending a contractor from working with the District, either temporarily or permanently, whenever a contractor materially breaches its contract with the District. (2) The District's objective in enacting this rule is to enco…

(1) "Contractor": any individual or contracting entity with whom the District has entered into a legally binding agreement for performance of work at a mutually agreed upon price in accordance with agreed upon terms and conditions. (2) "Contracting Entity": an individual, partner…

(1) The Procurement Bureau Chief shall establish whether a material breach as defined in subsection 40E-7.215(5), F.A.C., has occurred. If the Procurement Bureau Chief determines that a contracting entity materially breached its contract with the District, the Procurement Bureau …

In the event that the contracting entity fails to cure the material breach within the time specified in the Cure Notice, the District shall issue a Termination for Default Notice by electronic mail, U.S. Mail, or overnight carrier. Rulemaking Authority 373.610 FS. Law Implemented…

(1) Once the District has notified a contracting entity that it has materially breached its contract with the District by sending a Termination for Default Notice, the District's Governing Board shall determine whether the contracting entity should be suspended, and if so, whethe…

Any contracting entity that believes it has been wrongly suspended either temporarily or permanently from doing business with the District may file a request for an administrative hearing pursuant to Sections 120.569 and 120.57, F.S., in the form of a petition in accordance with …

Rulemaking Authority 120.54(5) FS. Law Implemented 120.54(5) FS. History-New 7-2-98, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

The District reserves the right to reject all bids, proposals, or other offers to furnish professional or contractual services. The District shall indicate this reservation in all solicitations for contractual or professional services. The District also reserves the right to waiv…

Rulemaking Authority 373.044, 373.113, 373.553(1) FS. Law Implemented 373.553(1) FS. History-New 1-17-93, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) The purpose of Rules 40E-7.511 through 40E-7.539, F.A.C., hereinafter "this Part," is to further implement the legislative intent expressed in Sections 259.101, 373.016(3)(i), 373.1391, 373.1395 and 373.59(11), F.S., and therefore, to establish regulations governing public ac…

(1) The general regulations contained herein are broad in scope and applicable to all District lands. (2) The regulations are applicable to all persons entering upon, using, or visiting said District lands. (3) Consistent with the environmental sensitivity of these areas and the …

When used in this Part: (1) "Activity area" means a zone within a management area designated for specific recreational activities. (2) "Access point" means a designated location or boundary for public access to District lands. (3) "Allied purposes" means other related outdoor act…

(1) When designated access points are indicated, entry onto and exiting from Management Areas, Stormwater Treatment Areas, and Impoundment Areas by the general public is only authorized at those designated access points. (2) Entry onto and exiting from Right of Way may be at any …

(1) The operation of licensed and unlicensed vehicles, including swamp buggies, tracked vehicles, off-road or off-highway all-terrain vehicles, motorcycles, golf carts, or any other type of unlicensed motorized vehicle, on District lands is prohibited except: (a) The use of licen…

(1) Equestrian activities are allowed on Rights of Way on canal maintenance berms and levee tops. On all other District lands, equestrian activities are allowed where identified by posted signage on trails, areas, designated roads, or equestrian campgrounds. District lands where …

(1) The Florida Fish and Wildlife Conservation Commission and the United States Department of Interior, Fish and Wildlife Service have rules governing hunting. Hunting, trapping and the releasing of free-running hunting dogs are prohibited on District lands unless the land is ope…

Bicycling is allowed on Rights of Way on existing canal maintenance berms and levee tops. On all other District lands, bicycling is allowed except as restricted by posted signage. Rulemaking Authority 373.044, 373.133 FS. Law Implemented 373.1391, 373.1401, 373.59 FS. History-New…

(1) Management Areas: (a) Camping and the use of camping amenities are authorized only within designated campsites as identified by posted signage. (b) Overnight camping or the presence of camping equipment is limited to eight (8) consecutive days, or 30 total days per year on Di…

Trapping is prohibited on all District lands except as authorized by the District for land management purposes. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1391, 373.59 FS. History-New 7-12-06, Amended 5-3-14.

District lands will be open to public use twenty-four (24) hours a day, seven (7) days a week, or during the hours and days designated for specific areas identified by posted signage, consistent with Rules 40E-7.5382, 40E-7.5383 and 40E-7.5384, F.A.C., except during authorized cl…

(1) In order to maximize opportunities for public recreation on District lands and provide public access where it might otherwise be prohibited, the District issues Special Use Licenses. A Special Use License is required to engage in the following activities on District lands: (a…

(1) In order to provide opportunities for group activities on District lands in a manner not otherwise provided or authorized in this Part, the District issues Event Authorizations. (2) To receive an Event Authorization, a person or entity must provide reasonable assurance that: …

The following are prohibited on all District lands unless otherwise specified: (1) Discharging firecrackers, rockets, or any other fireworks. (2) Destroying, defacing, or removing any natural resource or native plant, including the felling of dead trees. (3) Destroying, injuring,…

(1) Gardner-Cobb Marsh Management Unit in Osceola County: Persons may only enter and exit the Management Unit from Lake Cypress, Lake Hatchineha, Lake Kissimmee, and Canal 36. (2) DuPuis Management Area located in Martin and Palm Beach Counties: Camping at the family campsite is …

Unless authorized under Chapter 40E-6, F.A.C., the following, in addition to the other prohibitions and restrictions in this Part, are prohibited on all District Rights of Way: (1) Hunting. (2) Anchoring or tying a Vessel, including personal watercraft, to a road, levee, maintena…

(1) In addition to the other prohibitions and restrictions in this Part, the following are prohibited on Vacant undesignated lands: (a) Motorized Vessels. (b) Public access between 1/2 hour after sunset to 1/2 hour before sunrise. (2) Pets must be under physical restraint at all …

Persons may only enter and exit Stormwater Treatment Areas at designated public access points during the hours and days, and in areas as identified by posted signage. (1) In addition to the other prohibitions and restrictions in this Part, the following are prohibited in all Stor…

Persons may only enter and exit Impoundment Areas at designated public access points during the hours and days, and in areas as identified by posted signage. (1) The following are prohibited in all Impoundment Areas: (a) Fishing or frogging in areas closed to fishing or frogging …

(1) Pursuant to Section 373.609, F.S., it shall be the duty of every state and county attorney, sheriff, police officer, and the appropriate city and county official to assist the District, and their agents, in the enforcement of the provisions of this rule. (2) Any person who vi…

(1) Rules 40E-7.668 through 40E-7.678, F.A.C., together with the materials incorporated by reference, implement the South Florida Water Management District's ("District") Small Business Enterprise ("SBE") Program ("Program") pursuant to section 373.1135, F.S. (2) The Program esta…

(1) "Affiliate Business" is defined as an entity or entities that the Applicant controls or has the power to control, whether or not control is exercised; or an entity or entities that controls, or has the power to control the Applicant, whether or not control is exercised. "Cont…

The SBE Contracting Rule provides for two competitive solicitation preferences designed to assist District SBEs. Sheltered Market and Subcontracting Requirements are outlined below. (1) Sheltered Market. The District may provide for sheltered markets to allow only District SBEs t…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History-New 8-3-06, Amended 8-29-13, Repealed 6-26-25.

The District shall monitor and evaluate Program performance and compliance as follows: (1) Each District contract shall contain a provision requiring the Prime Contractor, during the term of the contract, to comply with, as to tasks and proportionate dollar amounts throughout the…

District staff shall have the authority to accept, review, approve, certify, decertify and deny applications for Certification/Recertification, as defined in Rule 40E-7.669, F.A.C. (1) Applicants shall submit the Application utilizing Form No. 1231, which is incorporated by refer…

(1) Upon receipt by the District, all Applications shall be given an initial screening to ensure appropriate signature and completeness. If an Application for Recertification is timely submitted, the District SBE shall remain certified until the District has made a determination …

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.1135 FS. History-New 8-3-06, Amended 8-29-13, 12-9-20, Repealed 6-26-25.

(1) Decertification of a District SBE shall occur when: (a) The District determines that the District SBE no longer complies with the Program's Certification criteria, including, but not limited to, Program graduation. Program Graduates may complete their work under all current D…