reglab/housing_qa huggingface dataset:
FL Stat § 378.207 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part II - Phosphate Land Reclamation (Ss. 378.201-378.212)|378.207 - Reclamation criteria and standards.

378.207 Reclamation criteria and standards.—(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 specifications therefor may vary accordingly. The rules, recognizing technological limitations and economic considerations, shall require the return of the natural function of wetlands or a particular habitat or condition to that in existence prior to mining.(2) The criteria and standards shall govern performance of reclamation and not the methodology to be used to achieve compliance with the reclamation obligation or the manner in which mining and associated activities are conducted.History.—s. 1, ch. 86-294.
FL Stat § 378.211 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part II - Phosphate Land Reclamation (Ss. 378.201-378.212)|378.211 - Violations; damages; penalties.

378.211 Violations; damages; penalties.—(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 action in a court of competent jurisdiction to impose and recover a civil penalty for violation of this part or of any rule adopted or order issued pursuant to this part. The penalty may not exceed the following amounts, and the court shall consider evidence in mitigation:(a) For violations of a minor or technical nature, $150 per violation.(b) For major violations by an operator on which a penalty has not been imposed under this paragraph during the previous 5 years, $1,500 per violation.(c) For major violations not covered by paragraph (b), $7,500 per violation.Subject to subsection (4), each day or any portion thereof in which the violation continues shall constitute a separate violation.(3) The remedies provided for in subsections (1) and (2) shall not apply to the failure to comply with the requirements of s. 378.209. However, if an operator has failed to comply with the requirements of s. 378.209 and the department determines that the operator is unable or unlikely to come into compliance with those requirements within a reasonable time, then the department may institute a civil action in a court of competent jurisdiction to recover against the security provided pursuant to s. 378.208.(4) As a condition precedent to the institution of any action authorized by subsection (1), subsection (2), or subsection (3), the department shall issue a written notice of violation to the operator setting forth in detail the alleged violation and specifying a reasonable time, not to exceed 90 days, in which to initiate corrective action. If the operator disputes the matters contained in the notice of violation, the operator may request a hearing pursuant to ss. 120.569 and 120.57. If a hearing is requested, the time for initiating corrective action shall not begin to run until a final order is entered. The civil penalties provided in subsection (2) shall not begin to accrue until the expiration of the time for initiating corrective action provided in the notice of violation issued by the department. Upon the expiration of the period provided in the notice, the department, in its discretion, may institute the action provided for under subsection (1), subsection (2), or subsection (3), if the violation specified in the notice of violation has not been corrected.(5) Penalties collected pursuant to subsection (2) shall be deposited to the credit of the Phosphate Research Trust Fund.History.—s. 1, ch. 86-294; s. 110, ch. 96-410; s. 15, ch. 2020-158.
FL Stat § 378.212 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part II - Phosphate Land Reclamation (Ss. 378.201-378.212)|378.212 - Variances.

378.212 Variances.—(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 the provisions of this part or the rules adopted pursuant thereto.(b) Compliance with a particular requirement or requirements from which a variance is sought will necessitate the taking of measures which must be spread over a considerable period of time. A variance granted for this reason shall prescribe a timetable for the taking of the measures required.(c) To relieve or prevent hardship, including economic hardship, of a kind other than those provided for in paragraphs (a) and (b).(d) To accommodate specific phosphate mining, processing or chemical plant uses that otherwise would be inconsistent with the requirements of this part.(e) To provide for an experimental technique that would advance the knowledge of reclamation and restoration methods.(f) To accommodate projects, including those proposing offsite mitigation, that provide a significant regional benefit for wildlife and the environment.(g) To accommodate reclamation that provides water supply development or water resource development not inconsistent with the applicable regional water supply plan approved pursuant to s. 373.709, provided adverse impacts are not caused to the water resources in the basin. A variance may also be granted from the requirements of part IV of chapter 373, or the rules adopted thereunder, when a project provides an improvement in water availability in the basin and does not cause adverse impacts to water resources in the basin.(2) Consideration of a variance pursuant to this section shall be based on the particular facts and circumstances surrounding each individual request.(3) The department shall publish a notice of proposed agency action in the Florida Administrative Register and in a newspaper of general circulation in the area affected, and the department shall afford an opportunity for a hearing on each application for a variance, pursuant to the provisions of chapter 120. If no request for a hearing is filed with the department within 14 days of publication of the notice, the department may proceed to final agency action without a hearing.(4) Variances issued pursuant to this section may be for the life of the facility or for such shorter period of time as may be appropriate. Variances issued for a period of 5 years or more shall be reviewed by the secretary at least every 5 years to ensure that the factors justifying the issuance of the variance have not changed so as to make the variance unnecessary.(5) The department may prescribe appropriate conditions, including time limits, to the granting of a variance.History.—s. 1, ch. 86-294; ss. 323, 508, ch. 94-356; s. 6, ch. 2003-423; s. 21, ch. 2010-205; s. 37, ch. 2013-14.
FL Stat § 378.401 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.401 - Short title.

378.401 Short title.—This part may be cited as the “Resource Extraction Reclamation Act.”History.—s. 1, ch. 86-294.
FL Stat § 378.402 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.402 - Legislative findings and intent.

378.402 Legislative findings and intent.—(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 state, improperly reclaimed or unreclaimed land may adversely affect the environment and may cause the temporary and, in some circumstances, permanent destruction of scenic beauty and wildlife habitats. The Legislature further finds that while it is not practicable to extract resources without disturbing the surface of the earth and producing waste materials, and that the very character of certain surface extraction operations precludes complete restoration of the land to its original contour, it is essential to require reclamation to mitigate the effects of resource extraction on the environment.(2) The Legislature recognizes that there are wide variations in the circumstances and conditions surrounding and arising out of the extraction process and that the rehabilitation and conservation of resources will be assured only through proper planning and through consideration of the impact of resource extraction upon the environment as well as upon the land use of the surrounding areas. Reclamation actions are an integral part of the extraction process. The Legislature further recognizes that it is in the best interest of the state that the reclamation process be accomplished in a timely manner and that persons engaged in resource extraction shall be responsible for attaining required reclamation standards. Reclamation as provided in this part will allow the extraction of valuable resources while still providing for the protection of the public’s health, safety, and welfare, the protection of the state’s environment, and the subsequent beneficial use of the disturbed and reclaimed land.(3) The Legislature recognizes that where possible and feasible the department should enter into memoranda of understanding to eliminate duplication and maximize the effectiveness of the regulatory process in the management and protection of our natural resources.History.—s. 1, ch. 86-294; s. 53, ch. 91-221.
FL Stat § 378.404 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.404 - Department of Environmental Protection; powers and duties.

378.404 Department of Environmental Protection; powers and duties.—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 notices of intent to mine and operators’ conceptual reclamation plans in order to determine the completeness and sufficiency thereof.(4) To prescribe rules to receive and approve annual reports, when specifically authorized, for the detailed evaluation of reclamation units within conceptual mine plans.(5) To prescribe the means for inspecting reclamation operations.(6) To issue orders requiring an operator to take such actions as are necessary to comply with this part and rules adopted hereunder, and to issue orders modifying prior orders.(7) To enter on and inspect the mine site at reasonable times and intervals pursuant to s. 378.407.(8) To ensure that reclamation will be consistent with the provisions of this part and the performance standards and criteria provided by this part, and will be consistent with other statutes and local ordinances pertaining to reclamation.(9) To grant variances from the provisions of this part to accommodate reclamation that provides for water supply development or water resource development not inconsistent with the applicable regional water supply plan approved pursuant to s. 373.709, appropriate stormwater management, improved wildlife habitat, recreation, or a mixture thereof, provided adverse impacts are not caused to the water resources in the basin and public health and safety are not adversely affected.History.—s. 1, ch. 86-294; ss. 325, 509, ch. 94-356; s. 91, ch. 98-200; s. 7, ch. 2003-423; s. 22, ch. 2010-205.
FL Stat § 378.405 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.405 - Reclamation review procedure.

378.405 Reclamation review procedure.—(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 information the agency is permitted by law to require. If the applicant believes any agency request for additional information is not authorized by law or agency rule, the applicant may request a hearing under ss. 120.569 and 120.57. Within 30 days after receipt of such additional information, the agency must review it and may request only such further information as is needed to clarify the additional information.(2) If the applicant believes the request of the agency for such additional information is not authorized by law or agency rule, the agency, at the applicant’s request, shall proceed to process the plan. A plan must be approved or denied within 90 days after receipt of the original plan, the last item of timely requested additional information, or the applicant’s written request to begin processing the plan.History.—s. 1, ch. 86-294; ss. 326, 510, ch. 94-356; s. 111, ch. 96-410.
FL Stat § 378.406 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.406 - Confidentiality of records; availability of information.

378.406 Confidentiality of records; availability of information.—(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, and shall be kept confidential by any member, officer, or employee of the department, if the applicant requests the department to keep such information confidential and informs the department of the basis for such confidentiality. Should the secretary determine that such information requested to be kept confidential shall not be kept confidential, the secretary shall provide the operator with not less than 30 days’ notice of his or her intent to release the information. When making his or her determination, the secretary shall consider the public purposes specified in 1s. 119.14(4)(b).(b) Nothing in this section shall be construed to prevent the use of such records in judicial proceedings when ordered to be produced by appropriate subpoena or by order of the court. No such subpoena or order of the court shall abridge or alter the rights or remedies of persons affected in the protection of trade secrets or secret processes in the manner provided by law, and such person affected may take any and all steps available by law to protect such trade secrets or processes. This section shall not prevent the department from providing such information to other agencies if the information is necessary to prepare the reports and studies required by this part. Agencies receiving such information shall be subject to the provisions of this section.(2)(a) Except as provided in subsection (1), the department shall make available for public inspection and copying, during regular office hours, any information filed or submitted pursuant to this part.(b) The secretary may charge a fee to cover the actual cost of duplicating the information filed or submitted pursuant to this part. “Actual cost of duplicating” means the cost of material and supplies used to duplicate the record, but it does not include the labor cost or overhead cost associated with such duplication.(c) The fees charged for duplication of public records shall be deposited and accounted for in the manner prescribed for other operating funds of the agency.History.—s. 1, ch. 86-294; s. 14, ch. 89-117; s. 3, ch. 91-114; s. 327, ch. 94-356; s. 1024, ch. 95-148; s. 183, ch. 96-406.1Note.—Repealed by s. 1, ch. 95-217.
FL Stat § 378.407 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.407 - Inspection.

378.407 Inspection.—(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 for a private residence, on which a reclamation operation is or will be conducted or where records required by this part or rule are kept.(b) Any duly authorized representative of the department may, during normal business hours, have access to and copy any records required under this part and may obtain any other information and samples necessary to determine compliance with the requirements of this part or rules.(c) The duly authorized representative of the department shall comply with all federal, state, and local safety standards.(2) The owner or operator of the premises shall receive a report setting forth all facts found which relate to compliance status.(3)(a) Upon completion of reclamation of an area, the operator shall notify the secretary. The secretary may make an inspection of the area, and if he or she finds that reclamation has been properly completed, the secretary shall notify the operator in writing and release him or her from further obligations regarding that land.(b) If upon the receipt of the notification the secretary determines that an inspection will not be conducted within an operating year, the operator shall be released from the reclamation requirements upon the completion of the second operating year.History.—s. 1, ch. 86-294; s. 328, ch. 94-356; s. 1025, ch. 95-148.
FL Stat § 378.408 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.408 - Injunctive relief.

378.408 Injunctive relief.—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.
FL Stat § 378.409 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.409 - Civil liability.

378.409 Civil liability.—(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 state in restoring the waters and property, including animal, plant, and aquatic life, of the state to their former condition.(2) In assessing damages for animal, plant, or aquatic life, the value shall be determined in accordance with the tables of values established by the Fish and Wildlife Conservation Commission and the department.(3) Nothing in this section gives the department the right to bring an action on behalf of any private person.History.—s. 1, ch. 86-294; s. 330, ch. 94-356; s. 199, ch. 99-245.
FL Stat § 378.411 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.411 - Certification to receive notices of intent to mine, to review, and to inspect for compliance.

378.411 Certification to receive notices of intent to mine, to review, and to inspect for compliance.—(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 following criteria are being met:(a) The petitioning local government has adopted and effectively implemented a local government comprehensive plan.(b) The local government has adequate review procedures and the financial and staffing resources necessary to assume responsibility for adequate review and inspection.(c) The local government has a record of effectively reviewing, inspecting, and enforcing compliance with local ordinances and state laws.(3) In making his or her determination, the secretary shall consult with the Department of Economic Opportunity, the appropriate regional planning council, and the appropriate water management district.(4) The secretary shall evaluate the performance of a local government on a regular basis to ensure compliance with this section. All or part of the certification may be rescinded if the secretary determines that the certification is not being carried out pursuant to the requirements of this part.(5) The department shall establish the certification procedure by rule.History.—s. 1, ch. 86-294; s. 331, ch. 94-356; s. 1026, ch. 95-148; s. 117, ch. 99-385; s. 255, ch. 2011-142.
FL Stat § 378.4115 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.4115 - County certification for limerock mining in the Miami-Dade County Lake Belt.

378.4115 County certification for limerock mining in the Miami-Dade County Lake Belt.—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 limerock mining activities within the geographic area of the Miami-Dade County Lake Belt which was recommended for mining in the report submitted to the Legislature in February 1997 under s. 373.4149. The delegation of implementing authority must be consistent with s. 378.411 and chapter 62C-36, Florida Administrative Code. Further, the reclamation program shall maximize the efficient mining of limestone, and the littoral area surrounding the lake excavations shall not be required to be greater than 100 feet average in width.History.—s. 4, ch. 97-222; s. 4, ch. 99-298; s. 5, ch. 2001-172.
FL Stat § 378.412 (2021)
2021 Florida Statutes|Title XXVIII - Natural Resources; Conservation, Reclamation, and Use|Chapter 378 - Land Reclamation|Part III - Resource Extraction Reclamation (Ss. 378.401-378.901)|378.412 - Relationship with other laws.

378.412 Relationship with other laws.—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 statute. Nothing in ss. 378.202-378.804 shall be deemed to preempt local ordinances that impose stricter reclamation standards.History.—s. 1, ch. 86-294.