Florida Administrative Code

As used in this rule chapter, the following definitions shall apply: (1) "Dual Agent" means a person who knowingly agrees with the Owner and the Purchaser of a horse, either individually or jointly, to act in a fiduciary capacity on behalf of both the Owner and the Purchaser in e…

(1) Any sale or purchase of a horse or any interest therein in Florida shall be accompanied by a written bill of sale described in Rule 5H-26.004, F.A.C., except as provided in subsection (8). (2) A person shall not act as a dual agent in a transaction involving the sale or purch…

Except as provided in subsection 5H-26.003(8), F.A.C., the sale or purchase of a horse or any interest therein in Florida must be accompanied by a written bill of sale that must include at a minimum the following: (1) The name, address, and signature of the Purchaser, the Owner, …

Rulemaking Authority 574.08, 574.14 FS. Law Implemented 574.08 FS. History-Repromulgated 12-31-74, Formerly 5H-5.01, Amended 6-4-95, Repealed 11-17-11.

Rulemaking Authority 574.14 FS. Law Implemented 574.12(1) FS. History-New 7-22-65, Repromulgated 12-31-74, Formerly 5H-5.04, Amended 8-12-91, Repealed 11-17-11.

(1) "Agricultural Burning" is the burning of vegetative material originating on site in conjunction with the cultivation of land, and including: gardening or horticulture, fruit growing, raising of vegetables, trees, shrubs, plants, pastures or rangeland. (2) "Air Curtain Inciner…

(1) Listed below are the types of open burning not allowed in Florida: (a) Any open burning disallowed by rule chapters 5I-2 and 62-256, F.A.C., or chapters 403 and 590, F.S. (b) Open burning of biological waste, hazardous waste, asbestos containing materials, mercury-containing …

(1) Open Burning in General. Authorization must be obtained from the Florida Forest Service (FFS) for burns relating to agriculture, silviculture and pile burning. Daytime authorizations for these types of burning are issued on the day of the burn or after 4:00 p.m. of the previo…

The purpose of this chapter is to provide information regarding the utilization of lands and facilities managed or controlled by the Department of Agriculture and Consumer Services, Florida Forest Service. The following words have the meaning indicated: (1) Access: The Florida Fo…

(1) All traffic laws of the State are applicable to managed lands except designated OHV recreation areas or as otherwise provided by these rules. (2) No person shall operate any motor vehicle on managed lands at a speed greater than 30 m.p.h., unless otherwise posted. (3) The spe…

(1) No person shall: (a) Enter or exit any managed lands except through designated entrance/exit points. (b) Enter any managed lands for the purpose of using the resources or facilities therein without paying the appropriate fee, where applicable. (c) Willfully mark, deface, dama…

(1) Swimming and Sunbathing: (a) All persons shall comply with hours posted by the Service during which use of swimming areas is prohibited. (b) Swimming areas will be closed to the public, and the use thereof prohibited, at any time the Service determines that such activities ar…

(1) No Person shall transport garbage or trash in any form onto Managed Lands. (2) No Person shall dump or deposit garbage or trash on Managed Lands. (3) No Person shall dispose of garbage or trash in state dumping facilities or containers on managed lands other than that generat…

Any commercial enterprise desiring to provide animals or equipment such as horses, canoes, or bicycles to any person for use on managed lands shall pay any applicable fees in accordance with subsection 5I-4.002(32), F.A.C., to the Service. The commercial enterprise shall post or …

Section 589.011, F.S., provides that the Florida Forest Service on behalf of the state may adopt and enforce rules necessary for the protection, utilization, occupancy, and development of state forest lands or any lands leased by or otherwise assigned to the Service for managemen…

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History-New 3-8-93, Repealed 8-23-17.

The purpose of this chapter is to administer the Florida Forest Service Tree Enhancement Programs. The following words have the meaning indicated: (1) "Applicant" means a Local Government, Not for Profit Organization, or Private Landowner applying for cost-share assistance for tr…

(1) A notice of funding availability shall be published on the Florida Forest Service website, and will include a list of information that must be submitted by an applicant and how the applications are to be submitted. (2) The Florida Forest Service shall determine the amount of …

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History-New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History-New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

After funding is provided by the Florida Forest Sevice for a Tree Enhancement Projects, the long-term costs for the care and maintenance of trees or seedlings are the responsibility of the applicant. Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. Hist…

(1) Potential projects submitted for Tree Enhancement Programs, shall be evaluated based upon the following criteria: (a) Suitability of the species for the site. (b) Use of appropriate native trees. (c) Irrigation requirements for urban plantings. (d) Number of acres to be plant…

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History-New 3-8-93, Amended 8-19-93, 4-17-95, Repealed 8-23-17.

Rulemaking Authority 570.07(23), 589.277(3) FS. Law Implemented 589.277 FS. History-New 3-8-93, Amended 4-17-95, Repealed 8-23-17.

The District/Center Managers, or their representative, shall verify that the applicants adhere to all tree planting or tree enhancement program activities, and: (1) Prior to final project acceptance, a sixty-day grow-in period is required on all planted trees and seedings. (2) Th…

Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law Implemented 403.067(7)(c)2., 589.04(1)(a) FS. History-New 2-11-04, Repromulgated 3-17-10, Repealed 12-6-17.

The document titled Best Management Practices for Silviculture (DACS-P-01284, 2008) is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner B…

In order to obtain the presumption of compliance with state water quality standards and release from the provisions of Section 376.307(5), F.S., for those pollutants addressed by the practices the applicant must: (1) Conduct an assessment of the subject properties using the docum…

(1) A Notice of Intent to Implement shall be submitted to the Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or FAX (850)681-5801. Such notice shall identify BMPs the applicant will im…

Where silviculture BMP implementation is not physically observable in the field, participants must preserve sufficient documentation to confirm implementation of the BMPs identified in the Notice of Intent to Implement. All field activities and documentation related to BMP implem…

(1) Definitions. Unless defined below, words, phrases, or terms contained herein shall have the definitions set forth in Rule 5M-1.001, F.A.C. References to "Producer" used in Rule 5M-1.001, F.A.C., shall mean "Practitioner" as defined in this rule section. As used in this rule t…

(1) Pursuant to Section 570.70, F.S., the Rural and Family Lands Protection Program's goals and objectives are to bring under public protection lands that serve to limit subdivision and conversion of agricultural and natural areas that provide economic, open space, water, and wil…

For the purposes of this chapter, the following terms are defined as follows: (1) "Agriculture" is as defined in Section 570.02(1), F.S. (2) "Agricultural Cooperative" means an established organization where farmers pool their resources in certain areas. (3) "Agricultural Lands" …

In order to be eligible for acquisition pursuant to this chapter, a Project must be consistent with the Program Goals and Objectives as stated in Rule 5I-7.001, F.A.C., and meet at least one of the following public purposes consistent with Section 570.71(1), F.S.: (1) Promotion a…

(1) For purposes of Sections 259.105(3)(i), and 570.71, F.S., anyone submitting an application for consideration of a Project shall utilize Form FDACS-11207, Rural & Family Lands Protection Program Application, Rev. 10/25, hereby incorporated by reference and immediately availabl…

(1) Once complete and timely submitted, the application shall receive an independent review by members of a Technical Review Team appointed by the Commissioner and coordinated by the Program. (2) The Technical Review Team will be authorized to perform a site visit to each Project…

(1) Division staff shall prepare a Project Evaluation Report for each Project after receipt of the findings of the Technical Review Team. (2) The Project Evaluation Report shall include: (a) A compilation of all Technical Review Team reports, a summary of the information in the a…

(1) The Commissioner will designate a Rural and Family Lands Selection Committee of no fewer than five (5) members drawn from divisions and offices within the Department with expertise in various agricultural activities. (2) Rural and Family Lands Selection Committee members shal…

(1) Initial Title Report. A title report shall be obtained from a licensed title company or title attorney authorized to do business in the State of Florida. The title report shall include an adequate legal description of the property to be acquired sufficient to inform the Depar…

(1) The Department shall only use appraisers and review appraisers licensed or certified in accordance with Chapter 475, F.S. The Department is authorized to contract directly with qualified appraisers and review appraisers pursuant to Chapter 287, F.S. (2) Specific Project Appra…

(1) Initial contact with the landowner by the Department may be established prior to negotiations, provided such contact is limited to the following: (a) To request the owner's permission for the Department to inspect the property in order to determine its suitability for the pur…

(1) The Department shall furnish the following at the time a purchase is considered by the Board: (a) The purchase instrument. (b) A copy of the owner's disclosure form under Section 286.23, F.S. (c) Evidence of the marketability of the title. The Department may defer submittal a…

(1) The Department shall have the authority to modify the purchase instrument previously approved by the Board to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for cl…

(1) The Department may enter into an acquisition agreement with a cooperating entity, which may consist of a federal agency, another state agency, a water management district, a local government or a nonprofit organization as defined in Section 570.715(5), F.S., for any property …

(1) All Perpetual Easements acquired pursuant to this rule shall include provisions for assuring compliance, monitoring and enforcement of the terms and conditions of such Perpetual Easements. (2) The Department shall procure or require any landowner to provide any reports, maps,…

The document titled Florida Forestry Wildlife Best Management Practices for State Imperiled Species, FDACS-01869, Rev. 8/4/14, is hereby incorporated and adopted by reference in this rule. Copies of the document may be obtained from the Department of Agriculture and Consumer Serv…

To obtain the presumption of compliance authorized in paragraph 68A-27.007(2)(d), F.A.C., regarding incidental take of state imperiled species, the Applicant, defined for purposes of this Rule Chapter and its incorporated materials as the property owner, lessee, authorized agent,…

(1) The form entitled Notice of Intent to Implement Florida Forestry Wildlife Best Management Practices, FDACS-11319, Rev. 08/14, shall be submitted to the Florida Forest Service, Attn: Florida Forestry Wildlife BMP Program, 3125 Conner Boulevard, Tallahassee, Florida 32399-1650,…

Where Florida Forestry Wildlife Best Management Practices (WBMPs) implementation is not physically observable in the field. Applicants must keep records to document implementation and maintenance of the Florida Forestry WBMPs identified in the Notice of Intent to Implement Florid…

Rulemaking Authority 570.07(23) FS. Law Implemented 559.801, 559.803, 559.805 FS. History-New 11-15-94, Amended 6-4-95, Repealed 10-21-14.