reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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
1
s. 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.
1
Note.—Repealed by s. 1, ch. 95-217.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.501 - Limestone; notice of intent to mine required.

378.501 Limestone; notice of intent to mine required.—
(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 comprised of such maps and other supporting documents as may be reasonably required by the department, the operator’s time schedule that assures that the reclamation process is achieved in a timely manner, and the operator’s estimated life of the mine.
(b) The operator’s signed acknowledgment of the limestone reclamation performance standards provided by s. 378.503.
(3) The department shall develop by rule the required data, forms, and other information for the notice of intent to mine. The rule shall clearly state what data, forms, and other information are required and the reasons why such data, forms, and other information are required.
(4) The secretary shall notify the operator as to the sufficiency of the notice of intent to mine. The review of such notice shall be accomplished in accordance with the provisions of s. 378.405.
History.—s. 1, ch. 86-294; s. 332, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.502 - Existing mines.

378.502 Existing mines.—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 all existing mines subject to the provisions of this section.
History.—s. 1, ch. 86-294; s. 333, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.503 - Limestone reclamation performance standards.

378.503 Limestone reclamation performance standards.—
(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 achieve the stormwater, drainage, wetlands, and other surface and ground water management requirements of the Department of Environmental Protection and the appropriate water management district.
(4) Provisions for safety to persons, wildlife, and adjoining property must be provided.
(5) The operator shall use best management practices to minimize erosion.
(6) Reclamation shall include revegetation, with species native to the area, of littoral zones and upland areas, except that revegetation shall not be required in those areas where revegetation is impractical or not in accordance with good land management practices.
(7) Resource extraction which results in a water body shall provide one of the following shoreline treatments:
(a) A littoral shelf not less than 18 feet in width with a berm on the waterward side.
(b) A straight slope not steeper than 1 vertical to 3 horizontal, and extending downward from average water level to 6 feet below the average water level.
(c) Where a sheer wall results, then in lieu of a shoreline treatment, access shall be controlled by the use of berms, fences, or other restrictive methods, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width.
(d) Slope requirements of the United States Army Corps of Engineers or the department under part IV of chapter 373.
(e) The secretary may allow other shoreline treatments to achieve appropriate safety and environmental considerations.
(8) Where a dry sheer wall results, access shall be controlled by the use of berms, fences, or other restrictive methods, all of which shall be used in conjunction with a transition shelf of at least 10 feet in width.
History.—s. 1, ch. 86-294; s. 334, ch. 94-356; s. 6, ch. 2007-191.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.701 - Fuller’s earth clay; notice of intent to mine required.

378.701 Fuller’s earth clay; notice of intent to mine required.—
(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 may be reasonably required by the department.
(b) The operator’s time schedule that assures that the reclamation process is achieved in a timely manner.
(c) The operator’s estimated life of the mine.
(d) The operator’s conceptual reclamation plan.
(3) The department shall develop by rule the required data, forms, and other information for the notice of intent to mine. The rule shall clearly state what data, forms, and other information are required and the reasons why such data, forms, and other information are required.
(4) The secretary shall notify the operator as to the sufficiency of the notice of intent to mine. The review of such notice shall be accomplished in accordance with the provisions of s. 378.405.
(5) The secretary shall approve, modify, or reject the operator’s conceptual reclamation plan.
History.—s. 1, ch. 86-294; s. 336, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.702 - Existing mines.

378.702 Existing mines.—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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.703 - Fuller’s earth clay reclamation performance standards.

378.703 Fuller’s earth clay reclamation performance standards.—
(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 stringent as the criteria and standards contained in this section.
(3) Reclamation activities shall be conducted in a manner which has no long-term adverse impact on surface and groundwater resources, wildlife, and adjacent lands.
(4) Drainage systems, wetlands, and other surface waters shall function in manners which are not significantly different from those which existed prior to resource extraction.
(5) Reclamation shall achieve the stormwater requirements of the appropriate water management district.
(6) The department shall establish by rule the reclamation sloping requirements.
(7) The operator shall use best management practices to minimize erosion, including revegetation.
(8) The plans for revegetation shall incorporate measures to offset wildlife habitat lost as a result of resource extraction.
(9) Reclamation shall provide for the establishment of flora and fauna which are consistent with intended land use.
(10) Reclamation and restoration shall result in landforms which are capable of supporting diverse and beneficial land uses.
(11) Exceptions to the criteria and standards contained in this section may be granted by the secretary for experimental or innovative techniques.
(12) Reclamation of the land, including a complete growing season for revegetation, shall be completed within 3 years of the completion of the mining operations associated with the resource extraction.
History.—s. 1, ch. 86-294; s. 337, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.801 - Other resources; notice of intent to extract required.

378.801 Other resources; notice of intent to extract required.—
(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, which are regulated elsewhere in this chapter, at a new location without notifying the secretary of the intention to extract.
(2) The operator’s notice of intent to extract shall consist of the operator’s estimated life of the extraction location and the operator’s signed acknowledgment of the performance standards provided by s. 378.803.
History.—s. 1, ch. 86-294; s. 338, ch. 94-356; s. 23, ch. 2021-188.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.802 - Existing extraction locations.

378.802 Existing extraction locations.—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, ch. 2021-188.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.803 - Other resources reclamation performance standards.

378.803 Other resources reclamation performance standards.—
(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 possibility of slides and shall not exceed the natural angle of repose of the material being mined.
(3) Provisions for safety to persons, wildlife, and adjoining property must be provided.
(4) Any overburden and spoil shall be left in a configuration which is in accordance with accepted soil conservation practices and which is suitable for the proposed future use of the land.
(5) Reclamation shall be designed to avoid the collection of water in pools which are, or are likely to become, noxious, odious, or foul.
(6) All reclamation activities shall, to the extent possible, be coordinated with resource extraction and in any event shall be initiated at the earliest practicable time.
(7) Reclamation activities shall be consistent with all applicable local government ordinances at least as stringent as the criteria and standards contained in this section.
History.—s. 1, ch. 86-294; s. 339, ch. 94-356.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 378 - Land Reclamation › Part III - Resource Extraction Reclamation (Ss. 378.401-378.901) › 378.804 - Exemption.

378.804 Exemption.—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.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.102 - Fish and Wildlife Conservation Commission.

379.102 Fish and Wildlife Conservation Commission.—
(1) The Fish and Wildlife Conservation Commission shall consist of seven members who shall be appointed by the Governor, subject to confirmation by the Senate, for staggered terms of 5 years.
(2) Members so appointed shall annually select one of their members as chair. Such chair may be removed at any time for sufficient cause, by the affirmative vote of the majority of the members of the commission. In case the said office of chair becomes vacant by removal or otherwise, the same may be filled for the unexpired term at any time by the commission from its members.
(3) Commission members shall receive no compensation for their services as such, but shall be reimbursed for travel expenses as provided in s. 112.061.
History.—s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 1, ch. 26766, 1951; s. 19, ch. 63-400; s. 105, ch. 71-355; s. 1, ch. 78-125; s. 567, ch. 95-148; s. 113, ch. 99-245; s. 4, ch. 2008-247.
Note.—Former s. 372.01.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.1025 - Powers, duties, and authority of commission; rules, regulations, and orders.

379.1025 Powers, duties, and authority of commission; rules, regulations, and orders.—The Fish and Wildlife Conservation Commission may exercise the powers, duties, and authority granted by s. 9, Art. IV of the State Constitution, and as otherwise authorized by the Legislature by the adoption of rules, regulations, and orders in accordance with chapter 120.
History.—ss. 4, 5, ch. 21945, 1943; s. 7, ch. 69-216; ss. 10, 35, ch. 69-106; s. 103, ch. 73-333; s. 16, ch. 78-95; s. 17, ch. 2000-197; s. 5, ch. 2008-247.
Note.—Former s. 372.82; s. 372.021.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.10255 - Headquarters of commission.

379.10255 Headquarters of commission.—The Fish and Wildlife Conservation Commission is located at the state capital, and, when suitable adequate office space cannot be provided in the State Capitol Building, or other buildings owned by the state, the commission may rent or lease suitable office space in Tallahassee. Said commission may also rent or lease suitable and adequate space in other cities and towns of the state for branch or division offices and headquarters and storerooms for equipment and supplies, as the business of the commission may require or necessitate, payment for said rented or leased premises to be made from the State Game Trust Fund.
History.—s. 2, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2); s. 2, ch. 61-119; s. 119, ch. 99-245; s. 6, ch. 2008-247.
Note.—Former s. 372.03.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.1026 - Site-specific location information for endangered and threatened species; public records exemption.

379.1026 Site-specific location information for endangered and threatened species; public records exemption.—The site-specific location information held by an agency as defined in s. 119.011 concerning an endangered species as defined in s. 379.2291(3)(b), a threatened species as defined in s. 379.2291(3)(c), or a species listed by a federal agency as endangered or threatened, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption does not apply to the site-specific location information of animals held in captivity. This section is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2025, unless reviewed and saved from repeal by the Legislature.
History.—s. 1, ch. 2020-129.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.103 - Duties of executive director.

379.103 Duties of executive director.—The executive director of the Fish and Wildlife Conservation Commission shall:
(1) Keep full and correct minutes of the proceedings of said commission at its meetings, which minutes shall be open for public inspection.
(2) Purchase such supplies and employ such help and assistants as may be reasonably necessary in the performance of the executive director’s duties.
(3) Have full authority to represent the commission in its dealings with other state departments, county commissioners, and the federal government.
(4) Appoint, fix salaries of, and at pleasure remove, subject to the approval of the commission, assistants and other employees who shall have such powers and duties as may be assigned to them by the commission or executive director.
(5) Have such other powers and duties as may be prescribed by the commission in pursuance of its duties under s. 9, Art. IV of the State Constitution.
History.—ss. 2, 3, ch. 13644, 1929; s. 1, ch. 17016, 1935; CGL 1936 Supp. 1977(2), 1977(3); s. 3, ch. 26766, 1951; s. 7, ch. 69-216; s. 569, ch. 95-148; s. 18, ch. 2000-197; s. 38, ch. 2002-46; s. 7, ch. 2008-247.
Note.—Former s. 372.05.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.104 - Right to hunt and fish.

379.104 Right to hunt and fish.—The Legislature recognizes that hunting, fishing, and the taking of game are a valued part of the cultural heritage of Florida and should be forever preserved for Floridians. The Legislature further recognizes that these activities play an important part in the state’s economy and in the conservation, preservation, and management of the state’s natural areas and resources. Therefore, the Legislature intends that the citizens of Florida have a right to hunt, fish, and take game, subject to the regulations and restrictions prescribed by general law and by s. 9, Art. IV of the State Constitution.
History.—s. 8, ch. 2002-46; s. 8, ch. 2008-247.
Note.—Former s. 372.002.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.105 - Harassment of hunters, trappers, or fishers.

379.105 Harassment of hunters, trappers, or fishers.—
(1) A person may not intentionally, within or on any public lands or publicly or privately owned wildlife management and fish management areas, or in or on any public waters:
(a) Interfere with or attempt to prevent the lawful taking of fish, game, or nongame animals by another within or on such lands or areas, or in or on such waters.
(b) Attempt to disturb fish, game, or nongame animals or attempt to affect their behavior with the intent to prevent their lawful taking by another within or on such lands or areas, or in or on such waters.
(2) Any person who violates this section commits a Level Two violation under s. 379.401.
History.—s. 2, ch. 90-170; s. 27, ch. 2006-304; s. 9, ch. 2008-247; s. 1, ch. 2020-123.
Note.—Former s. 372.705.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.106 - Administration of commission grant programs.

379.106 Administration of commission grant programs.—
(1) The Fish and Wildlife Conservation Commission is authorized to establish grant programs that are consistent with statutory authority and legislative appropriations. The commission is further authorized to receive funds from any legal source for purposes of matching state dollars or for passing through the agency as grants to other entities whether or not matching funds or in-kind matches are required.
(2) For any grant program established by the commission, the commission shall adopt rules, pursuant to the requirements of chapter 120, for each grant program which shall include, but are not limited to: the method or methods of payment; the supporting documents required before payment will be made; when matching funds or in-kind matches are allowed; what moneys, services, or other sources and amounts of matching funds or in-kind matches will be eligible for use for matching the grant by the commission; who is eligible to participate in the program; and other provisions that the commission finds necessary to achieve program objectives and an accounting for state funds in accordance with law and generally accepted accounting principles.
(3) The commission is authorized to preaudit or postaudit account books and other documentation of a grant recipient to assure that grant funds have been used in accordance with the terms of the grant and state rules and statutes. When such audit reveals that moneys have not been spent in accordance with grant requirements, the commission may withhold moneys or recover moneys previously paid. A grant recipient will be allowed a maximum of 60 days to submit any additional pertinent documentation to offset the amount identified as being due the commission.
History.—s. 2, ch. 83-225; s. 198, ch. 94-356; s. 237, ch. 99-245; s. 10, ch. 2008-247.
Note.—Former s. 370.023.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.107 - Residential conservation programs.

379.107 Residential conservation programs.—The commission may organize, staff, equip, and operate residential conservation programs to provide fish and wildlife conservation education and training programs to the public, commission employees, and volunteers. To assist in carrying out the operation of the residential conservation programs, the commission may establish cooperative efforts involving federal, state, and local entities; may procure commodities and contractual services, including travel, lodging, meals and meal services; and may hire and train appropriate personnel and volunteers.
History.—s. 1, ch. 2019-20.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.201 - Administrative Trust Fund.

379.201 Administrative Trust Fund.—
(1) The Administrative Trust Fund is created within the Fish and Wildlife Conservation Commission.
(2) The fund is established for use as a depository for funds to be used for management activities that are commissionwide in nature and funded by indirect cost earnings or assessments against trust funds. Moneys to be credited to the trust fund include indirect cost reimbursements from grantors, administrative assessments against trust funds, interest earnings, and other appropriate administrative fees.
History.—s. 1, ch. 2005-18; s. 2, ch. 2008-21; s. 11, ch. 2008-247; s. 13, ch. 2010-4.
Note.—Former s. 372.101.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.203 - Dedicated License Trust Fund.

379.203 Dedicated License Trust Fund.—
(1) There is established within the Fish and Wildlife Conservation Commission the Dedicated License Trust Fund. The fund shall be credited with moneys collected pursuant to s. 379.354 for 5-year licenses and permits and replacement 5-year licenses.
(2)(a) One-fifth of the total proceeds from the sale of 5-year hunting and freshwater fishing licenses, permits, and replacement licenses, and all interest derived therefrom, shall be appropriated annually to the State Game Trust Fund.
(b) One-fifth of the total proceeds from the sale of 5-year saltwater fishing licenses, permits, and replacement licenses, and all interest derived therefrom, shall be appropriated annually to the Marine Resources Conservation Trust Fund.
(3) The fund shall be exempt from the provisions of s. 215.20.
History.—s. 2, ch. 91-78; s. 126, ch. 99-245; s. 10, ch. 2002-46; s. 13, ch. 2008-247.
Note.—Former s. 372.106.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.204 - Federal Grants Trust Fund.

379.204 Federal Grants Trust Fund.—
(1) The Federal Grants Trust Fund is created within the Fish and Wildlife Conservation Commission.
(2) The fund is established for use as a depository for funds to be used for allowable grant activities funded by restricted program revenues. Moneys to be credited to the trust fund shall consist of grants and funding from the Federal Government, interest earnings, and cash advances from other trust funds.
History.—s. 1, ch. 2005-19; s. 2, ch. 2008-22; s. 14, ch. 2008-247; s. 14, ch. 2010-4; s. 40, ch. 2011-47; s. 6, ch. 2016-11.
Note.—Former s. 372.102.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.205 - Florida Panther Research and Management Trust Fund.

379.205 Florida Panther Research and Management Trust Fund.—
(1) There is established within the Fish and Wildlife Conservation Commission the Florida Panther Research and Management Trust Fund to be used exclusively for the purposes of this section.
(2) The commission shall spend money from the fund and all interest derived from its investments and reinvestments only for the following purposes:
(a) To manage and protect existing Florida panther populations by increasing panther food sources where food is a limiting factor, determining conflicts between public use and panther survival, maintaining sufficient genetic variability in existing populations, and undertaking management and enforcement activities that protect panther habitat.
(b) To educate the public concerning the value of the panther and the necessity for panther management.
(c) To reestablish Florida panthers into areas of suitable habitat, where feasible, by assessing the necessity of a captive breeding program for purposes of reintroduction of the panthers into the suitable habitat; selecting potential sites for reintroduction and investigating associated human sociological aspects; and assessing the potential for panther habitat acquisition.
(d) For Fish and Wildlife Conservation Commission administrative costs and for the promotion and marketing of the Florida panther license plate as authorized under s. 320.08058.
(3) The Fish and Wildlife Conservation Commission is authorized to receive donations for deposit into the Florida Panther Research and Management Trust Fund.
History.—ss. 2, 4, ch. 83-173; s. 26, ch. 97-153; s. 1, ch. 97-259; s. 3, ch. 98-333; s. 16, ch. 99-4; s. 149, ch. 99-245; s. 5, ch. 2005-158; s. 18, ch. 2007-223; s. 15, ch. 2008-247; s. 1, ch. 2021-54.
Note.—Former s. 372.672.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.206 - Grants and Donations Trust Fund.

379.206 Grants and Donations Trust Fund.—
(1) The Grants and Donations Trust Fund is created within the Fish and Wildlife Conservation Commission.
(2) The fund is established for use as a depository for funds to be used for allowable grant and donor agreement activities funded by restricted contractual revenue. Moneys to be credited to the trust fund shall consist of grants and donations from private and public nonfederal sources, development-of-regional-impact wildlife mitigation contributions, interest earnings, and cash advances from other trust funds.
(3) If acquisition pursuant to this section will result in state ownership of land, title shall be vested in the Board of Trustees of the Internal Improvement Trust Fund as required in chapter 253. Land acquisition pursuant to this section shall be voluntary, negotiated acquisition and, if title is to be vested in the Board of Trustees of the Internal Improvement Trust Fund, is subject to the acquisition procedures of s. 253.025.
History.—s. 1, ch. 2005-20; s. 2, ch. 2008-23; s. 16, ch. 2008-247; s. 15, ch. 2010-4; s. 59, ch. 2015-229.
Note.—Former s. 372.103.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.207 - Lifetime Fish and Wildlife Trust Fund.

379.207 Lifetime Fish and Wildlife Trust Fund.—
(1) There is established within the Fish and Wildlife Conservation Commission the Lifetime Fish and Wildlife Trust Fund to be used for the purpose of supporting fish and wildlife conservation programs of the state in accordance with this section.
(2) The principal of the fund shall be derived from the following:
(a) Proceeds of any gifts, grants, and contributions to the state which are specifically designated for inclusion in the fund.
(b) Proceeds from the sale of lifetime licenses issued in accordance with s. 379.354.
(3) The fund is declared to constitute a special trust derived from a contractual relationship between the state and the members of the public whose investments contribute to the fund. In recognition of such special trust, the following limitations and restrictions are placed on expenditures from the funds:
(a) No expenditure or disbursement shall be made from the principal of the fund.
(b) The interest income received and accruing from the investments of proceeds from the sale of lifetime freshwater fishing licenses and lifetime hunting licenses shall be spent in furtherance of the commission’s management, protection, and conservation of wild animal life and freshwater aquatic life as set forth in s. 9, Art. IV of the State Constitution and this chapter and as otherwise authorized by the Legislature.
(c) The interest income received and accruing from the investments of proceeds from the sale of lifetime saltwater fishing licenses shall be expended for marine law enforcement, marine research, and marine fishery enhancement.
(d) Any limitations or restrictions specified by the donors on the uses of the interest income derived from gifts, grants, and voluntary contributions shall be respected but shall not be binding.
(e) The fund shall be exempt from the provisions of s. 215.20.
(4) In the event of a future dissolution or reorganization of the Fish and Wildlife Conservation Commission, any state agency which succeeds the commission or assumes its constitutional or statutory responsibilities shall, through its agency head acting ex officio, assume the trusteeship of the fund and shall be bound by all the limitations and restrictions placed by this section on expenditures from the fund. No repeal or modification of this chapter or s. 9, Art. IV of the State Constitution shall alter the fundamental purposes to which the fund may be applied. No dissolution or reorganization of the Fish and Wildlife Conservation Commission shall invalidate any lifetime license issued in accordance with this section.
History.—s. 1, ch. 91-78; s. 125, ch. 99-245; s. 9, ch. 2002-46; s. 17, ch. 2008-247; s. 1, ch. 2013-22.
Note.—Former s. 372.105.
2023 Florida Statutes › Title XXVIII - Natural Resources; Conservation, Reclamation, and Use › Chapter 379 - Fish and Wildlife Conservation › Part I - General Provisions (Ss. 379.101-379.237) › 379.209 - Nongame Wildlife Trust Fund.

379.209 Nongame Wildlife Trust Fund.—
(1) The Legislature recognizes the value of maintaining ecologically healthy and stable populations of a wide diversity of fish and wildlife species and recognizes the need for monitoring, research, management, and public awareness of all wildlife species in order to guarantee that self-sustaining populations be conserved. The Legislature further recognizes that research and management for game species traditionally have been supported by licenses and fees collected by the Fish and Wildlife Conservation Commission for consumptive uses of wildlife and that no such support mechanism is available for species not commonly pursued for sport or profit. It is the intent of the Legislature that the funds provided herein be spent to identify and meet the needs of nongame wildlife as a first priority with the ultimate goal of establishing an integrated approach to the management and conservation of all native fish, wildlife, and plants.
(2)(a) There is established within the Fish and Wildlife Conservation Commission the Nongame Wildlife Trust Fund. The fund shall be credited with moneys collected pursuant to ss. 319.32(3) and 320.02(8). Additional funds may be provided from legislative appropriations and by donations from interested individuals and organizations. The commission may invest and reinvest the funds and the interest thereof of the Nongame Wildlife Trust Fund. The commission shall designate an identifiable unit to administer the trust fund.
(b) Proceeds from the trust fund shall be used for the following purposes:
1. Documentation of population trends of nongame wildlife and assessment of wildlife habitat, in coordination with the database of Florida natural areas inventory.
2. Establishment of effective conservation, management, and regulatory programs for nongame wildlife of the state.
3. Public education programs.
(3) The commission may enter into cooperative agreements or memoranda of understanding with related agencies to coordinate nongame programs.
History.—s. 1, ch. 83-173; s. 1, ch. 84-194; s. 184, ch. 99-245; s. 21, ch. 2000-197; s. 19, ch. 2008-247; s. 52, ch. 2009-86; s. 30, ch. 2012-119; s. 8, ch. 2014-18; s. 3, ch. 2021-54.
Note.—Former s. 372.991.