Title XXVIII, Natural Resources; Conservation, Reclamation, and Use

(1) The department shall administer the Nonmandatory Land Reclamation Trust Fund.(2)(a) The department shall verify that reclamation activities or portions thereof have been accomplished in accordance with the reclamation contract and shall certify the cost of such reclamation ac…

(1) After July 1, 1986, moneys paid into the Nonmandatory Land Reclamation Trust Fund may be used by the department:(a) For acquisition of those lands identified pursuant to subsection (5) for hunting, fishing, wildlife habitat restoration, or other outdoor recreational purposes,…

(1) The Chief Financial Officer shall reimburse approved reclamation costs, less any amount reasonably retained to ensure completion of the approved reclamation program, subject to the following limitations:(a) A landowner shall not be entitled to payments in excess of the funds …

The department shall adopt reasonable rules which recognize the cost reimbursement limitations of s. 378.037(1)(b) to implement the provisions of this act, including, but not limited to, size requirements for areas which are the subject of a reclamation program application, an ap…

This part may be cited as the “Phosphate Land Reclamation Act.”History.—s. 1, ch. 86-294.

The Legislature finds that:(1) Florida is endowed with varied natural resources that provide recreational, environmental, and economic benefit to the people of this state. The extraction of phosphate is important to the continued economic well-being of the state and to the needs …

As used in this part, the term:(1) “Acres mined” means all acres on which mining operations have resulted in extraction of phosphate rock.(2) “Annual report” means a detailed report, including maps and aerial photographs, submitted for each mine, which describes and delineates mi…

The provisions of this part apply to land subject to the mandatory reclamation obligation for the severance of solid mineral phosphate rock set forth in s. 211.32(1) and to those lands which are initially used after July 1, 1984, as a clay settling area or a dam for use with a cl…

(1) The department shall administer the provisions of this part and shall have the following powers and duties:(a) To issue conceptual reclamation plan approvals requiring an operator to take such actions as are necessary to comply with this part.(b) After proper notice, and upon…

(1) The department, by rule, shall adopt statewide criteria and standards for reclamation. Such rules shall recognize that surface mining takes place in diverse areas where the geologic, topographic, and edaphic conditions are different, and that reclamation operations and the sp…

(1) An operator of a mine shall provide appropriate financial assurance to the state that the reclamation of lands subject to the mandatory reclamation obligation will be completed in a timely manner. Compliance with the rate of reclamation established in s. 378.209 is deemed to …

(1) Reclamation should be completed within 2 years after the completion of mining operations, exclusive of a growing season required to ensure establishment of vegetation. For purposes of this section, completion of reclamation occurs when initial revegetation is completed and no…

(1) The department may institute a civil action in a court of competent jurisdiction for injunctive or other appropriate relief to enforce compliance with this part, for the assessment of damages, or for both injunctive relief and damages.(2) The department may institute a civil …

(1) Upon application, the secretary may grant a variance from the provisions of this part or the rules adopted pursuant thereto. Variances and renewals thereof may be granted for any one of the following reasons:(a) There is no practicable means known or available to comply with …

(1) A landowner may record a notice in the official records of the county in which the land is located which identifies the landowner’s property as a former phosphate mine. The recorded notice must be in substantially the following form:NOTICEThis property is a former phosphate m…

This part may be cited as the “Resource Extraction Reclamation Act.”History.—s. 1, ch. 86-294.

(1) The Legislature finds that Florida is endowed with varied natural resources that provide great recreational, environmental, and economic benefit to the people of the state. While the extraction of resources is an activity that contributes to the economic well-being of the sta…

As used in this part, the term:(1) “Agency” means an official, committee, department, commission, officer, division, authority, bureau, council, board, section, or unit of government within the state, including a county, municipal, or other local or regional entity or special dis…

The department shall have the following powers and duties:(1) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.(2) To prescribe the form, content, and necessary supporting documentation for notices of intent to mine.(3) To receive noti…

(1) All agency reviews conducted under this part are subject to this section. Within 30 days after receipt of an operator’s conceptual reclamation plan, the department, the secretary, or the affected agency shall review the plan and shall request submittal of all additional infor…

(1)(a) Any information relating to prospecting, rock grades, or secret processes or methods of operation which may be required, ascertained, or discovered by inspection or investigation shall be exempt from the provisions of s. 119.07(1), shall not be disclosed in public hearings…

(1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of compliance with the law or rules of the department, any property, premises, or place, except a building which is used exclusively…

The secretary may institute civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with the requirements of this part.History.—s. 1, ch. 86-294; s. 329, ch. 94-356.

(1) Any operator who begins resource extraction without meeting the requirements of this part is liable to the state for any damages caused to the water or property, including animal, plant, or aquatic life, of the state, and is liable for reasonable costs and expenses of the sta…

(1) By petition to the secretary, a local government may request certification to receive notices of intent to mine, to review, and to conduct compliance inspections.(2) In deciding whether to grant certification to a local government, the secretary shall determine whether the fo…

The department and Miami-Dade County shall cooperate to establish and fulfill reasonable requirements for the departmental certification of the Miami-Dade County Department of Environmental Resource Management to implement the reclamation program under ss. 378.401-378.503 for lim…

It is the intent of the Legislature that ss. 378.202-378.804 supplement other laws regarding resource extraction. Nothing contained in such sections shall be construed to limit, abridge, or alter any agency’s duties, authority, and responsibilities granted pursuant to another sta…

(1) No operator may begin the process of limestone resource extraction at a new mine without notifying the secretary of the intention to mine.(2) The operator’s notice of intent to mine shall include, but not be limited to:(a) The operator’s conceptual mining plan which is compri…

After January 1, 1989, all operators of existing mines for limestone resource extraction shall meet the reclamation performance standards provided by s. 378.503 for any new surface area disturbed at such mines. The operator shall provide the department with a documented list of a…

(1) All reclamation activities shall be initiated at the earliest practicable time.(2) Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.(3) Reclamation shall ac…

(1)(a) Each operator who intends to mine or extract heavy minerals at a new mine shall receive approval of the department of a conceptual reclamation plan prior to undertaking mining or extraction.(b) New mine, for the purposes of this section, shall mean a mine where the operato…

(1) No fuller’s earth clay operator may begin the process of resource extraction at a new mine without notifying the secretary of the intention to mine.(2) The operator’s notice of intent to mine shall include, but not be limited to:(a) Such maps and other supporting documents as…

On October 1, 1986, all operators of existing mines for fuller’s earth clay resource extraction shall meet the performance standards provided by s. 378.703 on all mines that increase the diameter of an existing mine.History.—s. 1, ch. 86-294.

(1) All reclamation activities shall, to the extent feasible, be coordinated with resource extraction and in any event shall be initiated at the earliest practicable time.(2) Reclamation activities shall be consistent with all applicable local government ordinances at least as st…

(1) An operator may not begin the operation of a borrow pit, or the process of extracting clay, peat, gravel, sand, or any other solid substance of commercial value found in natural deposits or in the earth, except fuller’s earth clay, heavy minerals, limestone, or phosphate, whi…

After January 1, 1989, all operators of existing locations for the extraction of resources as described in s. 378.801 shall meet the performance standards provided by s. 378.803 for any new surface area disturbed at such locations.History.—s. 1, ch. 86-294; s. 1, ch. 89-88; s. 24…

(1) Reclamation shall achieve the stormwater, drainage, wetlands, and other surface and groundwater requirements of the Department of Environmental Protection and the appropriate water management district.(2) The final slopes shall be at such an angle as to minimize the possibili…

Any operator who extracts resources from any one site, not to exceed 20 acres over the life of the mine, or who extracts peat for agricultural purposes is exempt from the provisions of s. 378.801.History.—s. 1, ch. 86-294; s. 7, ch. 2007-191.

(1) As used in this section, the term:(a) “Bureau” means the Bureau of Mine Reclamation of the Division of Water Resource Management of the Department of Environmental Protection.(b) “Life-of-the-mine permit” means a permit authorizing activities regulated under part IV of chapte…