Florida Administrative Code

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) Any person who violates any provision of this rule is subject to eviction from the premises and/or arrest and prosecution for a second-degree misdemeanor, punishable as provided in Section 775.082 or 775.083, F.S. (2) The penalties identified in these rules do not supersede o…

(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 History-New 8-3-06, Amended 8-29-13, Repealed 6-26-25.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…

Reciprocal Certification shall be granted to an Applicant that is certified by another Florida Government Agency, provided that the Government Agency has a small business program. The Applicant shall provide the District with official documentation from the other Governmental Age…

If an Applicant believes it has been wrongly denied Certification/Recertification, or that it has been inappropriately decertified as a District SBE, it may file a request for hearing pursuant to Sections 120.569 and 120.57, F.S., by submitting a petition in accordance with Chapt…

(1) The purpose of this chapter is: (a) To establish minimum flows for specific surface watercourses and minimum water levels for specific surface waters and specific aquifers within the South Florida Water Management District, pursuant to Section 373.042, F.S.; and (b) To establ…

The terms set forth herein shall have the meanings ascribed to them, unless the context clearly indicates otherwise, and such meanings shall apply throughout the rules contained in this chapter. The terms defined in Rule 40E-8.021, F.A.C., shall apply throughout the District's co…

The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources, or ecology, of the area as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District's intent to correct or prevent the violat…

Biscayne Aquifer - The minimum level for the Biscayne aquifer is the level that results in movement of the saltwater interface landward to the extent that ground water quality at an established withdrawal point is insufficient to serve as a water supply source. A MFL violation oc…

The MFLs contained in this Part identify the point at which further withdrawals would cause significant harm to the water resources or ecology, of the area, as applicable, pursuant to Sections 373.042 and 373.0421, F.S. It is the District's intent to correct or prevent the violat…

The minimum levels for the lower Tamiami aquifer, the Sandstone aquifer and the mid-Hawthorn aquifer shall equal the structural top of the aquifer. A violation of this criteria occurs when the water levels drop below the top of the uppermost geologic strata that comprises the aqu…

St. Lucie Estuary - mean monthly flows to the St. Lucie Estuary should not fall below 28cfs from the Gordy Road structure to the St. Lucie River North Fork for two consecutive months during a 365-day period, for two consecutive years. Rulemaking Authority 373.044, 373.113, 373.17…

Lake Istokpoga - An MFL violation occurs in Lake Istokpoga when surface water levels fall below 36.5 feet NGVD for 20 or more weeks, within a calendar year, more often than once every four years. Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.036,…

(1) At the time of adoption of this rule, the existing flow or level for certain specified water bodies is below, or within 20 years is projected to fall below, the applicable MFL. For this reason, Section 373.709, F.S., requires regional water supply plans to contain recovery an…

(1) Consumptive use permit applications that propose to withdraw water directly or indirectly from a MFL water body, that meet the conditions for permit issuance in Chapter 373, Part II, F.S. (including implementing rules in this chapter, Chapter 40E-2, F.A.C., and the "Applicant…

(1) Water shortage restrictions will be imposed as required by District rules on the direct or indirect withdrawals from a MFL water body if a MFL exceedance occurs or is projected to occur during climatic conditions more severe than a 1 in 10 year drought, to the extent consumpt…

The following schedule of non-refundable fees shall apply to all applications made pursuant to this chapter: Type of Application Fee (1) Sale of surplus lands $1,000.00 (2) Exchange of surplus land $1,000.00 (3) Leases $1,000.00 (4) Easements $1,000.00 (5) Releases and non-use co…

(1) Within fourteen (14) days from receipt of the Petition, the Secretary shall: (a) Determine that all the elements and contents of the Petition, as listed in Section 190.005(1)(a), F.S. and Rule 42-1.008, F.A.C., are contained in the Petition and that the Petition is complete, …

(1) Within sixty (60) days from receipt of a Petition, the Secretary shall: (a) Assign the Petition an identification number. (b) Cause to be published in the F.A.R. a Notice of Receipt of Petition. (2) The Notice of Receipt of Petition shall contain at minimum: (a) A summary of …

(1) The Administrative Law Judge may impose reasonable and fair conditions and limitations governing the conduct of the local hearing. (2) All persons shall have an opportunity to present evidence and argument on all issues involved. The Administrative Law Judge shall permit part…

Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History-New 10-2-75, Formerly 22G-1.03, 27G-1.02, Amended 8-10-86, 3-15-95, Repealed 5-31-15.

(1) Any person entitled to be a party to the proceedings may file and answer to the petition. The answer shall be filed within twenty (20) days of service of the petition on the party and shall either admit, deny or state it is without knowledge of each and every allegation in th…

Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 380.07 FS. History-New 10-2-75, Formerly 22G-1.05, 27G-1.05, Amended 8-10-86, 11-11-87, Repealed 5-31-15.

(1) Within 20 days of the filing of a notice of appeal, all parties shall be given the opportunity to meet to discuss, at a minimum, the following matters: (a) The issues to be determined in the appeal; (b) Whether an issue should be decided on the basis of the record made below,…

Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History-New 6-8-77, Formerly 22G-1.121, Amended 2-7-84, Formerly 27G-1.121, Amended 2-20-94, Repealed 5-31-15.

(1) In any proceeding arising under Chapter 373, F.S., review by the Commission may be initiated by the Department or a party by filing a request for such review with the Secretary of the Commission and serving a copy on any person named in the rule or order, and on all parties t…

(1) Scope. The Florida Land and Water Adjudicatory Commission has the exclusive authority to review any order or rule, as defined in subsections 42-2.0121(7) and (10), F.A.C., respectively, which the Governor and Cabinet, sitting as head of the former Department of Natural Resour…

(1) Review by the Commission is appellate in nature and shall be based solely on the record below unless the Commission determines that a remand for a formal evidentiary proceeding is necessary to develop additional findings of fact. (2) Review by the Commission is appellate in n…

(1) For requests for review under Rule 42-2.013 or 42-2.0131, F.A.C., the record below shall consist of all documents, exhibits, and a transcript of the proceedings, if any, filed with the agency regarding the action from which review is sought. (2) The person requesting review m…

(1) Within 15 days of filing a sufficient request for review pursuant to Rule 42-2.013, F.A.C., the person requesting review shall file a main brief in support of the review, together with a request for oral argument, if desired. At the same time, the Department or person request…

Procedural motions shall be granted or denied by the Secretary. Other motions permitted by the Florida Rules of Appellate Procedure may be made where appropriate and shall be disposed of at the Commission's final hearing. Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Impl…

Rulemaking Authority 373.114(1)(f), 380.07(1) FS. Law Implemented 373.114, 380.07 FS. History-New 6-8-77, Formerly 22G-1.19, Amended 2-7-84, Formerly 27G-1.19, Amended 2-20-94, Repealed 5-31-15.

For the purposes of Rule 42-2.021, F.A.C., the following terms shall have the following meanings: (1) "Commission" shall mean the Governor and Cabinet sitting as the Florida Land and Water Adjudicatory Commission. (2) "Department" means the Department of Agriculture and Consumer …

(1) The purpose of Rules 42-2.020 and 42-2.021, F.A.C., is to establish rules of procedure for the conduct of appeals of public lands control plans before the Commission. The appeals process may be initiated only after attempts have been made to formulate a plan by the local arth…

Rulemaking Authority 190.005 FS. Law Implemented 120.54, 190.004, 190.005 FS. History-New 6-29-81, Formerly 42A-1.01, Repealed 6-4-26.

Rulemaking Authority 190.005 FS. Law Implemented 120.54, 190.004, 190.005 FS. History-New 6-29-81, Formerly 42A-1.02, Repealed 6-4-26.