Florida Administrative Code

(1) A General Permit is required for parcels of land that connect to or make use of the Works of the District within the C-139 Basin that have not been issued a waiver pursuant to Rule 40E-63.410, F.A.C., or do not qualify for a No Notice General Permit pursuant to Rule 40E-63.41…

Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History-New 1-24-02, Amended 6-20-07, Repealed 11-9-10.

Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History-New 1-24-02, Amended 6-20-07, Repealed 11-9-10.

In order to obtain a General Permit, applicants shall submit a BMP Plan that includes a multi-level approach to implementation and operation for each crop or land use within each permit basin. A BMP Plan shall take into account site-specific conditions, potential phosphorus sourc…

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 History-New 1-24-02, Repealed 11-9-10.

Applicants who propose to satisfy the water quality requirements of this part of Chapter 40E-63, F.A.C., by employing a BMP Plan other than those described in subsections 40E-63.435(1) and (2), F.A.C., may seek approval for an equivalent alternative through the District permit pr…

An applicant may request approval for early implementation by opting to submit a proposal for voluntary implementation of additional BMPs (early BMPs), or a voluntary demonstration project that includes a BMP performance verification plan. Applicants electing these approaches mus…

(1) Applicants for permit modifications, transfers and renewals must use the appropriate sections of Form 1045 (incorporated by reference in subsection 40E-63.430(2), F.A.C.), or equivalent electronic permitting application (e-permitting) tool. (2) Modifications and Letter Modifi…

Rulemaking Authority 373.044, 373.113, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.451, 373.453, 373.4592(4)(f) FS. History-New 1-24-02, Repealed 11-9-10.

Pursuant to the EFA, Section 373.4592(4)(f)2., F.S., permit renewals issued pursuant to this part of Chapter 40E-63, F.A.C., are valid for a 5-year term, beginning 90 days after the effective date of this rule amendment. Subsequent permit renewals are effective for 5-year renewal…

Rulemaking Authority 373.044, 373.4592 FS. Law Implemented 373.016, 373.085, 373.086, 373.423, 373.451, 373.453, 373.4592(4)(f) FS. History-New 1-24-02, Repealed 11-9-10.

(1) The following permit application processing fees shall be paid to the District at the time the permit applications are filed. Permit Type New Renewal Modification Letter Modification Transfer General Permit $250 $250 $100 $0 $100 (2) Without the proper fee, the application sh…

(1) All of the following standard limiting conditions paragraphs (a) through (u) shall be attached to all General Permits: (a) The permittee shall implement all elements and requirements of the approved BMP Plan according to schedule, including documentation of implementation, op…

(1) If the C-139 Basin is determined to not meet the performance measures developed in accordance with Appendix B2 "C-139 Basin Performance Measure Methodology", dated November 2010, Appendix B2.1 "FORTRAN Program for Calculating C-139 Basin Flows and Phosphorus Loads" dated Janu…

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.

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, and 373.1395, F.S., and therefore, to establish regulations governing public access to certain…

(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, 373.113 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…