reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.055 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the general procedures for the
				  program:
(1) DISTRIBUTION OF PROGRAM
				FUNDS. FRDAP funds are distributed as reimbursement grants by the Department on
				a project-by-project basis to applicants eligible under this rule. The
				Department's performance and obligation to award program grants are contingent
				upon an annual appropriation by the Florida Legislature for the subsequent
				fiscal year.
(2) APPLICATION
				SUBMISSION PERIOD. The Department shall accept program applications only during
				the application submission period. Applications must be postmarked on or before
				the last day of the application submission period. The Department shall
				publicize the dates of the application submission period and other pertinent
				application information specified in this rule in the Florida Administrative
				Register.
(3) MAXIMUM GRANT
				REQUEST. The Department shall announce the maximum funds that an applicant may
				request in a FRDAP application in the publication of the application submission
				period.
(4) MATCH REQUIREMENTS.
				Match requirements for FRDAP grants are set forth below:
(a) Match Ratios. The following match ratios
				apply:
Total Project Cost
State Share
Grantee Share
$50,000 or less
100%
0
$50,001 - 150,000
75%
25%
Over $150,000
50%
50%
(b)
				Eligible Match Types. A grantee may utilize the following types of match
				sources for the grantee share:
1.
				Cash.
2. In-kind service
				costs.
3. Land Value. The value of
				a project site, which has no recreational facilities already on it, owned by
				the applicant. The applicant must submit an appraisal prepared pursuant to
				subparagraph  62D-5.058(6)(f) 
				1., F.A.C., or documentation from the County Property Appraiser showing the
				current assessed value of the land.
(c) Ineligible Match Sources. Land value of
				property acquired through FRDAP or other state and federal grant land
				acquisition programs, such as: Land and Water Conservation Fund, legislative
				special interest projects, Florida Communities Trust, Conservation and
				Recreation Lands Program (CARL), Save Our Rivers, Preservation 2000, Florida
				Forever, Recreation Trails Program (RTP), and Land Acquisition Trust Fund
				(LATF).
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.056 - Application Requirements and Processing

Current through Reg. 50, No. 138; July 16, 2024
The Department shall approve applications for program grants
				  in order of priority until all program funds are depleted under the following
				  standards and criteria:
(1) ELIGIBLE
				APPLICANTS. All local governmental entities with the legal responsibility for
				the provision of outdoor recreational sites and facilities for the use and
				benefit of the public may submit FRDAP applications during the application
				submission period.
(2) PROJECT
				ELIGIBILITY.
(a) Outdoor Recreation: FRDAP
				grants shall only be awarded to grantees for projects that are for the sole
				purpose of providing outdoor recreational opportunities to the
				public.
(b) Eligible Site: The site
				of a FRDAP development project shall be owned by the applicant, or shall be
				under lease to the applicant for a period of time sufficient to satisfy the
				dedication period required by this rule, by the submission period deadline. The
				Department shall make exceptions when the applicant demonstrates that:
1) it is in the public interest;
2) it complies with all other parts of the
				rule; and
3) it serves the
				legislative intent of Section
				 375.075, F.S. Other forms of
				real property interest will be considered if the applicant provides clear and
				explicit documentation showing that it has the sole ability to control, manage,
				and dedicate the park for the required period of time; and that such interest
				cannot be unilaterally or arbitrarily canceled by the grantor of the interest.
				Site control verification must be received by the close of the submission
				cycle, as required by form FPS-A033, described in subsection (6), of this rule.
				Eligible sites shall not include school board property. Eligible sites shall be
				dedicated or managed for public recreational use pursuant to Rule
				 62D-5.059,
				F.A.C.
(c) Number of
				Applications: An applicant may submit no more than two applications during each
				application submission period, with the exception of a consolidated city-county
				government which may submit four applications.
(d) Active Projects: A grantee with two
				incomplete FRDAP projects by the closing date of an application submission
				period shall only be eligible to submit one additional application.
(e) Duplicate Projects: A grantee shall not
				apply for FRDAP funds to complete an approved or incomplete FRDAP, LWCF, or RTP
				project. An applicant shall not submit the same application, in whole or in
				part, for more than one of the following: Florida Recreation Development
				Assistance Program, Land and Water Conservation Fund, or Recreational Trails
				Program, in concurrent or overlapping funding cycles.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.058 - Grant Administration

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes procedures for administration of
				  program grants:
(1) PROJECT AGREEMENT.
				After the Legislature appropriates FRDAP funds, the Department and grantee
				shall enter into a project agreement which sets forth the responsibilities and
				duties of each regarding administration of the approved project. The project
				agreement shall contain terms and conditions particular to each project.
				Project agreements are not transferable.
(2) PAYMENT BASIS. Grantees shall be paid
				program funds by the Department subject to the following conditions:
(a) Project Costs. Payment of project costs
				shall be reimbursed as provided for in this rule and in the project agreement.
				Costs shall be incurred between the effective date of, and the project
				completion date identified in, the project agreement except for pre-agreement
				costs. Costs for appraisals, appraisal review, surveys (boundary and
				topographic), title searches and project signs are eligible project expenses.
				If the total cost of the project exceeds the grant amount and the required
				match, the grantee must pay the excess cost.
(b) Cost Limits. Project planning expenses,
				such as application preparation, architectural and engineering fees, permitting
				fees, project inspection, and other similar fees, are eligible project costs
				provided that such costs do not exceed fifteen percent of the project
				cost.
(c) Retention. The Department
				shall retain ten percent of the grant until the grantee completes the project
				and the Department approves the completion documentation set forth in
				paragraphs  62D-5.058(6)(g) and
				(7)(d), F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.068 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The Federal Land and Water Conservation Fund (LWCF),
				  established by the U.S. Congress upon enactment of the Land and Water
				  Conservation Fund Act of 1965 (Public Law 88-578, 78 Statute 897, as amended),
				  provides matching grants to the State of Florida, and through the State to
				  governmental entities, for the acquisition and development of land for public
				  outdoor recreation purposes. The National Park Service (NPS) and the Florida
				  Department of Environmental Protection (Department) administer the program on
				  behalf of the U.S. Department of the Interior and the State of Florida,
				  respectively. After federal apportionment, NPS provides LWCF funds to the State
				  of Florida and the Florida Legislature provides expenditure authority to the
				  Department. The purpose of this Part is to set forth policies and procedures
				  for the Department to implement the LWCF grant program. The Department is
				  authorized to participate in the LWCF pursuant to subsection
				   375.021(4),
				  F.S.
Rulemaking Authority
					 258.007 FS. Law Implemented
					 258.004,
					 258.007,
					 375.021(4)
					 FS.
New 7-15-01.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.070 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following constitute the general requirements for the
				  program.
(1) DISTRIBUTION OF PROGRAM
				FUNDS. LWCF funds are distributed as grants by the Department on a matching,
				project-by-project basis, to approved applicants after a competitive evaluation
				of eligible program applications submitted within announced application
				submission periods. The Department's performance and obligation to award
				program grants are contingent upon an annual apportionment from NPS and
				expenditure authorization by the Florida Legislature.
(2) MANUAL. The Department, applicants, and
				grantees shall meet all program requirements set forth in the Land and Water
				Conservation Fund Grants Manual. The manual is hereby incorporated by reference
				and is available from the Department's Division of Recreation and Parks, 3900
				Commonwealth Boulevard, Mail Station #585, Tallahassee, Florida
				32399-3000.
(3) PLAN. All projects
				receiving grant assistance through LWCF shall implement the Plan.
(4) ELIGIBLE APPLICANTS. All local
				governmental entities with the legal responsibility for the provision of
				outdoor recreational sites and facilities for the use and benefit of the public
				may submit LWCF applications during the application submission
				period.
(5) PROJECT ELIGIBILITY.
				LWCF grants are awarded to grantees for projects that are for the sole purpose
				of providing outdoor recreation opportunities to the public. Applicants may
				request funds for the following types of projects:
(a) Acquisition. The acquisition of real
				property or interests and rights therein by various legal means.
(b) Development. Projects for the
				construction, expansion, renovation/repair or installation of the following:
1. Primary Facilities. LWCF funds are awarded
				for one or a combination of natural or man-made sites and facilities, such as:
				beach access improvements, fishing piers, boat ramps and docks, canoe trails,
				boardwalks and riverwalks, observation towers, baseball and softball fields,
				tennis and basketball courts, playgrounds, and hiking, interpretive, and
				bicycle trails. Enclosed buildings and structures are ineligible facilities.
				Primary facility cost must be equal to, or greater than, 50 percent of the
				total project cost.
2. Support
				Facilities and Improvements. LWCF funds can be awarded for support facilities
				and improvements, such as: parking lots, restrooms, bathhouses, combined
				restroom-concession stand buildings, access roads, landscaping, lighting,
				fencing, signs, and handicap ramps which would have little or no recreational
				value without the primary facilities. Enclosed buildings and structures, except
				for restrooms, bathhouses, and combined restroom-concession stand buildings are
				ineligible facilities.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.073 - Grant Administration

Current through Reg. 50, No. 138; July 16, 2024
The following constitute procedures for administration of
				  program grants.
(1) PROJECT AGREEMENT.
				After approval of the funding list by the Secretary and execution of the NPS
				and State project agreement, the Department and grantee shall enter into a
				project agreement which sets forth the responsibilities and duties of each
				regarding administration of the approved project, which shall be based on the
				Manual, this Part, and the Project's particular needs.
(2) PAYMENT BASIS. Grantees are paid approved
				program funds by the Department subject to the following conditions:
(a) Project Costs. Payment of project costs
				are made if eligible as provided for in the Manual, this Part and the project
				agreement. Costs shall be incurred between the effective date of, and the
				project completion date identified in, the project agreement, except for
				preagreement costs as stated in the project agreement. If the total cost of the
				project exceeds the grant and required match, the grantee must pay the
				additional cost.
(b) Costs Limits.
				Project planning expenses for development projects such as architectural and
				engineering costs, permitting fees, and project inspection fees are eligible
				project costs, provided that such costs do not exceed 15 percent of the project
				cost. Such costs shall only be incurred between the effective date of, and the
				project completion date identified in, the project agreement.
(c) Retention. For development projects, the
				Department shall retain 10 percent of the grant award until the grantee
				completes the project and staff approves the completion documentation set forth
				in subparagraph  62D-5.073(7)(e) 
				2., F.A.C., of this part.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-5 - FINANCIAL ASSISTANCE FOR OUTDOOR RECREATION › Section 62D-5.074 - Compliance Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
Subsections
				   62D-5.070(12) 
				  -(16), F.A.C., and the following constitute the general requirements for
				  program compliance.
(1) SITE
				DEDICATION. Land owned by the grantee, which is developed or acquired with LWCF
				funds, shall be dedicated in perpetuity as an outdoor recreation site for the
				use and benefit of the public. Land which is leased from the federal government
				or another public agency by grantee must include safeguards to ensure the
				perpetual use requirement contained in the Land and Water Conservation Fund
				Act. Safeguards include such things as joint sponsorship of the project or an
				agreement between the parties that the lessor would assume compliance
				responsibility for the project site in the event of default by the lessee
				(grantee) or termination or expiration of the lease. These dedications must be
				recorded in the county's public property records by the grantee.
(2) MANAGEMENT OF PROJECT SITES. Grantees
				shall ensure by site inspections that the property acquired or developed with
				LWCF are being operated and maintained for outdoor recreation purposes. All
				projects shall be open at reasonable times and shall be managed in a safe and
				attractive manner appropriate for public use. Facilities shall be kept in
				reasonable repair for a minimum of 25 years from the date set forth on the
				project completion certificate to prevent undue deterioration.
(3) CONVERSION. Should a grantee, within the
				period of dedication, convert all or part of the project site to other than
				public outdoor recreational uses, the grantee shall replace the area,
				facilities, resource or site at its own expense with an acceptable project of
				comparable or greater value, scope and quality pursuant to section 675.9.3 of
				the Manual.
(4) NON-COMPLIANCE.
				Before a project is closed, the Department and the NPS shall have the right to
				terminate a project agreement and demand return of the program funds for
				non-compliance by a grantee. Failure by a grantee to comply with the provisions
				of this Part or the project agreement will result in the Department declaring
				the grantee ineligible for further participation in LWCF until such time as
				compliance has been obtained as determined by the Department under this rule
				and the Manual.
(5) INSPECTIONS.
				Department staff shall periodically inspect program projects to ensure
				compliance with subsections (1), (2), and (3), of this rule, and section 675.9
				of the Manual.
Rulemaking Authority
					 258.007 FS. Law implemented
					 258.004,
					 258.007,
					 375.021(4)
					 FS.
New 7-15-01.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.003 - Statement of Purpose and Applicability

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this chapter is to
				implement a regulatory program which includes a permit program to protect and
				enhance the resource values as identified in the Myakka Wild and Scenic River
				Management Plan as adopted by the Governor and Cabinet on May 22, 1990, which
				is hereby incorporated by reference. Copies of the Plan may be obtained by
				writing to the Bureau Chief, District 4 Administration, Division of Recreation
				and Parks, 1843 South Tamiami Trail, Osprey, Florida 34229, or contacting the
				Bureau Chief at (941)483-5944.
(2)
				The rules governing prohibitions, permits, and exemptions, as set forth in this
				part apply to any activity as further delineated in Rules
				 62D-15.005,
				 62D-15.006, and
				 62D-15.007, F.A.C., within the
				river area, which will adversely impact resource values in the river
				area.
(3) Standards for the
				issuance or denial of permits for the conduct of activities and practices, and
				construction of structures are provided.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.003.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.004 - Delineation of Regulatory Responsibilities and Jurisdiction

Current through Reg. 50, No. 138; July 16, 2024
(1) The conduct of any activity by a person
				within the river area which will have an adverse impact on any resource values
				in the river area shall be regulated by the department.
(2) The "maximum upland extent of wetlands
				vegetation" for purposes of determining the landward boundary of the river
				area, is defined by a corridor which shall be determined pursuant to the
				methodology set forth in Sections
				 373.421 and
				 373.4211, F.S., and Chapter
				62-340, F.A.C., for determining the "landward extent of surface waters of the
				State, " but shall not include tributaries of the Myakka River or isolated
				wetlands. Existing wetland jurisdictional determinations or validations on
				specific parcels by the Department of Environmental Protection established,
				under its authority to delineate wetlands, in accordance with Chapter 62-340,
				F.A.C., are effective and enforceable for the purposes of defining the maximum
				upland extent of wetlands vegetation. The boundary of the river area where it
				crosses a tributary shall be the shortest and most direct continuation of the
				line demarcating the maximum upland extent of vegetation of the river area on
				either side of the tributary.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.004.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.005 - Prohibitions

Current through Reg. 50, No. 138; July 16, 2024
The activities in this rule, conducted by a person, are
				  presumed to have adverse impacts on resource values in the river area and will
				  be prohibited unless otherwise provided by law. However, persons may submit
				  permit applications in accordance with Rules
				   62D-15.006,
				   62D-15.009 and
				   62D-15.011, F.A.C., for the
				  following prohibited activities, with required non-refundable fees, for review
				  and consideration of applications by the department as specified under Rules
				   62D-15.006 and
				   62D-15.008, F.A.C.:
(1) Discharging, through a pipe, ditch or
				similar conveyance, pollutants, including but not limited to domestic and
				industrial wastes or effluents, or untreated stormwater;
(2) Removing or cutting native vegetation
				except as a function of an activity permitted under Rule
				 62D-15.006, F.A.C., or that has
				received a Myakka River Permit prior to the effective date of this rule, and
				except for the minimum required to provide riparian ingress and egress
				necessary for docking, boating, bathing and fishing access;
(3) Constructing, in unimpacted areas, new
				road or bridge crossings, or utility crossings except crossings by public
				utilities as that term is defined in Section
				 366.02(1),
				F.S., and those crossings that would not adversely impact resource
				values;
(4) Excavating minerals or
				drilling for gas or oil;
(5)
				Constructing, erecting, or installing any form of structure not related to a
				water-dependent activity;
(6)
				Constructing roads or utilities, except for facilities of public utilities as
				that term is defined in Section
				 366.02(1),
				F.S., to islands where such access did not previously exist;
(7) Operating airboats north (upstream) of
				U.S. Highway 41, except for uses officially allowed by governmental
				agencies;
(8) Constructing new
				marinas;
(9) Engaging in any other
				activity or practice which adversely impacts resource values in the river area,
				and for which no permit has been obtained under Rule
				 62D-15.006, F.A.C.;
(10) Nothing in this rule shall be construed
				to prohibit or limit public utilities from improving, maintaining, modifying,
				or expanding existing facilities or constructing new facilities in the river
				area or the wild and scenic protection zone, provided the necessary federal,
				state, and local permits and licenses are obtained.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.005.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.006 - Permits

Current through Reg. 50, No. 138; July 16, 2024
(1) A Myakka River permit is required from
				the department before a person may engage in certain activities. An application
				form titled, State of Florida Joint Application for Permit, DEP FORM
				 62-312.900(1),
				November 30, 1982, which is incorporated by reference, may be obtained from and
				submitted to: Florida Department of Environmental Protection, South District
				Office, Post Office Box 2549, Fort Myers, Florida 33902-2549, or by electronic
				mail to SD_ERP_Permit@dep.state.fl.us.
(2) Activities, structures or practices for
				which permit applications must be submitted for review include any of the
				following within the river area:
(a) Dredging
				or filling;
(b) Creating,
				repairing, or maintaining shore protection structures;
(c) Maintaining existing navigational
				channels and aids to navigation or installing new aids to navigation;
(d) Constructing, installing, expanding, or
				renovating marinas, landings, boat ramps, docks, mooring buoys, pilings,
				dolphins, decks, or piers;
(e)
				Renovating, replacing, or expanding facilities required for utilities, bridges,
				or roads;
(f) Removing or cutting
				native vegetation only for riparian ingress and egress necessary for docking,
				boating, bathing and fishing access;
(g) Relocation or setting of bulkhead lines
				waterward of mean high water;
(h)
				Engaging in agricultural and forestry practices and activities not conducted
				prior to the effective date of the rule within the river area on the subject
				site;
(i) Engaging in water
				resource management practices not conducted prior to the effective date of this
				rule including constructing stormwater management systems as that term is
				defined in Section  373.403, F.S., or other drainage
				discharges, except that the water management district, under emergency
				conditions, may submit an application after-the-fact;
(j) Constructing or creating after the
				effective date of this rule utility, bridge or road crossings in impacted
				areas, or utility crossings in unimpacted areas;
(k) Constructing, erecting, installing any
				form of structure related to a water-dependent activity, or any other
				structures in the river area;
(l)
				Replacing or reconstructing any damaged or destroyed exempted structure, land
				use or activity;
(m) Establishing
				recreational facilities on publicly owned portions of the river area;
				and,
(n) Any other activity not
				subject to Rule  62D-15.006, F.A.C., conducted or
				proposed to be conducted after the effective date of this rule within the river
				area which adversely impacts resource values in the river
				area.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.009 - Permit Application Form

Current through Reg. 50, No. 138; July 16, 2024
An applicant shall make application for a Myakka River permit
				  on the Joint Dredge and Fill Application Form as specified in Rule
				   62D-15.006, F.A.C. The
				  application form must be completed with all pertinent information required in
				  instructions attached with the application form. The applicant shall also
				  include, as part of the application, a detailed explanation of how the proposed
				  project is consistent with the Act, the Plan, and this rule. The application
				  must also be accompanied by a letter from any other appropriate government
				  agency indicating the status of such other government agency approvals
				  necessary for the proposed activity. In its review of the application, the
				  department may request other technical information in support of the
				  application. The application and all supportive information must be filed in
				  duplicate at the address specified in Rule
				   62D-15.006,
				  F.A.C.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.009.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.010 - Transfer of Permits

Current through Reg. 50, No. 138; July 16, 2024
Within 30 days following the sale or legal transfer of a
				  permitted facility or activity, the new owner of the permitted facility or
				  activity must register by form with the department. A registration form titled,
				  Myakka Wild and Scenic River Registration for Transfer of Permit, DEP 46-052,
				  May 28, 1991, which is incorporated by reference, may be obtained from and
				  submitted to the address location included in Rule
				   62D-15.006, F.A.C. The
				  registration form for the new owner will certify that the new owner will
				  conform to all conditions under which the permit was
				  approved.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.010.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.011 - Permit Application Fees

Current through Reg. 50, No. 138; July 16, 2024
Each application for a permit to be considered by the
				  department pursuant to Section
				   258.501, F.S., and Rules
				   62D-15.005,  62D-15.006 and
				   62D-15.007, F.A.C., unless where
				  otherwise provided in this chapter, shall be accompanied by a non-refundable
				  processing fee to help defray the cost of processing the application. The fee
				  structure is as follows:
(1) For the
				removal or cutting of native vegetation for riparian ingress and egress,
				conducting activities, or for constructing structures for which the fair market
				value of either the materials or labor to be used for the activity or structure
				does not exceed Four Hundred Dollars ($400.00), the fee is $50.00.
(2) For all other activities the fee is
				$200.00.
Rulemaking Authority
					 258.501 FS. Law Implemented
					 258.501
					 FS.
New 7-22-91, Formerly
					 16D-15.011.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62D - Division of Recreation and Parks › Chapter 62D-15 - MYAKKA RIVER WILD AND SCENIC RIVER RULE › Section 62D-15.012 - Boating Regulations

Current through Reg. 50, No. 138; July 16, 2024
(1) Watercraft shall
				not exceed a slow/minimum wake speed in any part of the river area upstream of
				U.S. Highway 41 except for the official government agency use of watercraft. A
				watercraft in an area designated as a slow/minimum wake zone is traveling at a
				slow/minimum wake if:
(a) It is not operating
				on a plane;
(b) It is not in the
				process of coming off plane and settling into the water, which action creates
				more than no or minimum wake;
(c)
				It produces no wake or minimum wake; and,
(d) It is completely off plane, has settled
				into the water with neither the bow elevated nor the stern depressed, and is
				proceeding without wake or with minimum wake.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.009 - Application of Definitions (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07,
					 376.15(2)(c)
					 FS. Law Implemented 376.031,
					 376.065,
					 376.07,
					 376.15(2)(b)
					 FS.
New 8-23-74, Formerly 16B-16.09, Amended 11-5-80, 11-21-83,
					 10-3-85, 11-11-85, Formerly 16N-16.09, Amended 8-27-92, Formerly 16N-16.009,
					 Amended 10-17-94, Transferred to
					  62S-6.009.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.012 - Discharge Cleanup Organization; Approval (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.06,
					 376.065,
					 376.09
					 FS.
New 8-23-74, Formerly 16B-16.12, Amended 11-5-80, Formerly
					 16N-16.12, Amended 6-17-92, Formerly 16N-16.012, Transferred to
					  62S-6.012.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.022 - Notification of Pollutant Discharge (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 370.021 FS. Law Implemented
					 376.12
					 FS.
New 11-5-80, Formerly 16N-16.22, Amended 6-17-92, Formerly
					 16N-16.022, Transferred to
					  62S-6.022.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.027 - Form: Request for Reimbursement for Damage (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.12
					 FS.
New 11-5-80, Formerly 16N-16.27, Amended 6-17-92, Formerly
					 16N-16.027, Repealed 2-28-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.032 - Terminal Facility Discharge Prevention and Response Certificates; Inspections (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.065
					 FS.
New 8-27-92, Formerly 16N-16.032, Amended 4-12-95,
					 Transferred to  62S-6.032.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.033 - Terminal Facility Discharge Contingency Plan (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.07
					 FS.
New 8-27-92, Formerly 16N-16.033, Amended 4-12-95,
					 Transferred to  62S-6.033.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.034 - Additional Equipment to Cleanup a 10, 000 Gallon Pollutant Discharge (Transferred)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.065
					 FS.
New 8-27-92, Formerly 16N-16.034, Transferred to
					  62S-6.034.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-16 - POLLUTANT DISCHARGE ACT › Section 62N-16.035 - Transfers (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.041
					 FS.
New 3-2-93, Formerly 16N-16.035, Amended 10-17-94, Repealed
					 2-28-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62N - Division of Law Enforcement › Chapter 62N-30 - RETIREMENT AWARD › Section 62N-30.001 - Retirement Award (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 112.193 FS. Law Implemented
					 112.193
					 FS.
New 2-10-81, Formerly 16N-30.01, 16N-30.001, Repealed
					 2-28-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62Q - Division of State Lands › Chapter 62Q-15 - PUBLIC LANDS › Section 62Q-15.013 - Management and Sale of RICO Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03(7), (12)
					 FS.
New 2-4-86, Formerly 16Q-15.013, Repealed
					 2-21-12.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-1 - FLORIDA GREENWAYS AND TRAILS PROGRAM › Section 62S-1.300 - Solicitation, Evaluation and Selection Process for Department Acquisition of Greenways and Trails

Current through Reg. 50, No. 138; July 16, 2024
The Department will follow the guidelines established by this
				  rule to solicit, evaluate and select lands to be acquired for the Florida
				  Greenways and Trails System.
(1)
				Eligibility. Prior to submittal of an application, a sponsor must apply for and
				receive a "Certificate of Eligibility, " DEP Form #OGT-1, effective July 10,
				2003. The Certificate of Eligibility is prescribed for use with these rules and
				is hereby incorporated by reference. The Certificate of Eligibility form may be
				obtained by writing to the Office of Greenways and Trails, Department of
				Environmental Protection, 3900 Commonwealth Blvd., Mail Station #795,
				Tallahassee, FL 32399-3000, or through OGT's website address,
www.floridagreenwaysandtrails.com
.
				A Certificate of Eligibility will be provided to the sponsor if the sponsor's
				proposed project meets all of the following criteria:
(a) The project meets the definition of a
				"greenway" or "trail" in Section
				 260.013, F.S.;
(b) The planned project corridor is located
				within or adjacent to at least one opportunity segment on one or more of the
				Recreational Prioritization Maps;
(c) At least 80 percent of the planned
				project corridor has a landowner or landowners willing to negotiate OGT's
				acquisition of their property; and,
(d) The project has a willing managing
				entity.
A Certificate of Eligibility form may be submitted to OGT at
				  any time during the year, and will be valid for a period of twelve (12) months
				  from the date of issuance by OGT.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-1 - FLORIDA GREENWAYS AND TRAILS PROGRAM › Section 62S-1.350 - Modification of Approved Acquisition Projects

Current through Reg. 50, No. 138; July 16, 2024
Modification of approved greenways and trails projects shall
				  be considered by the Department in accordance with the criteria and procedures
				  established by this rule.
(1) Changes
				Requiring Notice to OGT. Written notice of the following types of changes to
				approved Group A or Group B projects shall be provided to OGT within ten (10)
				days after the event:
(a) Substitution,
				addition, or deletion of a managing entity or project sponsor;
(b) Acquisition of adjacent, additional, or
				alternative lands located outside the original planned project corridor but
				within the original project boundary submitted for the project;
(c) Any change in ownership of parcels lying
				within the planned project corridor;
(d) Change from fee-simple acquisition to
				less-than-fee acquisition alternatives for one or more parcels within the
				planned project corridor, or vice versa;
(e) Addition or relocation of trailhead(s) or
				any other project "capital improvement, " as that term is defined in Section
				 259.03(3),
				F.S., or
(f) An increase or
				reduction in the amount of matching funds or other acquisition and development
				monies previously committed to the project.
The written notice shall be mailed or delivered to the Office
				  of Greenways and Trails, Department of Environmental Protection, 3900
				  Commonwealth Blvd., Mail Station #795, Tallahassee, FL 32399-3000, and shall
				  include a description of each change being made to the project, the reason(s)
				  for each change and the effective date thereof (if any). If the change includes
				  substitution of the project's managing entity, a "Willing Manager Certificate,
				  " DEP Form #OGT-3, effective July 10, 2003, shall be completed and signed by
				  the new managing entity and submitted with the written notice. If the change
				  involves the proposed acquisition of lands located outside the original planned
				  project corridor but within the original project boundary, a "Willing Owner
				  Certificate, " DEP Form #OGT-4, effective July 10, 2003, shall be completed and
				  signed by the owner of each new or additional parcel, except for parcels to be
				  acquired under Sections 253.781-.782, F.S., and submitted with the written
				  notice.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-1 - FLORIDA GREENWAYS AND TRAILS PROGRAM › Section 62S-1.400 - Designation of Public Conservation or Recreation Lands and Waterways

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible Projects. Public Conservation or
				Recreation Lands and Waterways within the state may be designated by the
				Department as components of the Florida Greenways and Trails System upon
				compliance with the requirements of this rule.
(2) Initiation of Process. The designation
				process for Public Conservation or Recreation Lands and Waterways can be
				initiated in one of two ways:
(a) The
				Department can contact the owner or managing entity of Public Conservation or
				Recreation Lands or Waterways to formally request that the property be
				designated as part of the Florida Greenways and Trails System, or
(b) The owner or managing entity of Public
				Conservation or Recreation Lands or Waterways can contact the Department's
				Office of Greenways and Trails at the address stated in paragraph
				 62S-1.350(2)(b),
				F.A.C., to request designation of the property as part of the statewide system
				of greenways and trails.
In either case, the owner of the Public Conservation or
				  Recreation Lands or Waterways proposed for designation must provide the
				  Department with written consent to designation of the property as part of the
				  Florida Greenways and Trails System.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-1 - FLORIDA GREENWAYS AND TRAILS PROGRAM › Section 62S-1.450 - Designation Process for Private Lands and Waterways

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible Projects. Private lands and
				waterways within the state can be designated by the Department as components of
				the Florida Greenways and Trails System upon compliance with the requirements
				of this rule. To be eligible for designation as part of the statewide system,
				private lands or waterways must protect or enhance natural, recreational,
				cultural or historic resources and must either:
(a) Provide linear open space or a hub or a
				site, or
(b) Promote connectivity
				between or among conservation lands, communities, parks, other recreational
				facilities, cultural sites, or historic sites.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-2 - RECREATIONAL TRAILS PROGRAM › Section 62S-2.071 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes the general requirements for the
				  eligibility for and administration of the program.
(1) Distribution of Program Funds. The
				Department shall distribute RTP funds as reimbursement grants to applicants
				eligible under this rule. The Department's performance and obligation to award
				program grants are contingent upon an annual allocation by the FHWA and
				appropriation by the Florida Legislature.
(2) Application Submission Period. The
				Department shall accept program applications only during the application
				submission period. Applications must be postmarked on or before the last day of
				the application submission period. The Department shall publish the dates of
				the application submission period and other pertinent application information
				in the Florida Administrative Register.
(3) Maximum Grant Request. The Department
				shall announce the maximum funds that an applicant may request in an RTP
				application in the Florida Administrative Register.
(4) Match Requirements. Match requirements
				for RTP grants are set forth below:
(a)
				Matching Basis. RTP assistance is provided on a maximum 80:20 (program:grantee)
				matching basis, except as provided in paragraph (d), below.
(b) Eligible Match Types. A grantee may
				utilize the following types of match sources for the grantee share: Cash, or
				in-kind service costs allowable by this rule and the Guidance.
(c) Ineligible Match Sources. Value of real
				property or inmate labor.
(d)
				Federal Agency Project Sponsors. Federal agency project sponsors may provide
				their own funds toward RTP projects as additional federal share up to 95
				percent of the project cost.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-2 - RECREATIONAL TRAILS PROGRAM › Section 62S-2.072 - Application Requirements and Processing

Current through Reg. 50, No. 138; July 16, 2024
The Department shall approve applications for program grants
				  in order of priority until all program funds are depleted under the following
				  standards and criteria:
(1) Eligible
				Applicants. All local governmental entities and state or federal agencies,
				federally or state recognized Indian tribal governments which have the legal
				responsibility for the provision of outdoor recreational sites and facilities
				for the use and benefit of the public, and organizations registered as active
				Florida nonprofit corporations which have an agreement with a governmental
				agency to develop public lands, are eligible to submit RTP
				applications.
(2) Project
				Eligibility.
(a) Purpose: RTP grants shall
				only be awarded to grantees for projects that are for the primary purpose of
				providing recreational trails for the public. Projects must be designed to
				comply with paragraph
				 260.016(1)(e),
				F.S., and the Guidance.
(b)
				Eligible Site: The site of a proposed RTP project shall be on public lands. The
				site shall be owned by the applicant or government on or before the closing
				date of the application submission period. A site not owned by the applicant or
				government shall be under the applicant's or government's control by a 99-year
				lease or similar control, such that the applicant has the legal ability to
				dedicate and manage the site for public recreational trail use pursuant to
				subsections  62S-2.076(1) and
				(2), F.A.C. School board property used
				primarily for educational or school related purposes is not eligible. In
				addition, nonprofit corporations must provide a letter from the land owner or
				managing agency stating that it supports the project and will abide by the
				compliance requirements of this rule, and the Guidance.
(c) Number of applications: The maximum
				number of applications an applicant may submit shall be as follows: local
				governments may submit one (1); consolidated city-county government may submit
				two (2); nonprofit corporations may submit one (1); state and federal agencies
				may submit one (1) per district.
(d) Active Projects: A grantee with two
				incomplete RTP projects by the closing date of an application submission period
				shall not be eligible to apply.
(e)
				Duplicate Projects: RTP funds shall not be approved for completion of an
				incomplete RTP project.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-2 - RECREATIONAL TRAILS PROGRAM › Section 62S-2.074 - Federal Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) Compliance and
				Assurances. Projects receiving federal funding must comply with the NEPA and
				Guidance standards for preconstruction, construction and post-completion
				compliance. The Grantee's compliance with the FDOT's PD&E constitutes
				compliance. The Department shall ensure the Grantee's compliance with all
				requirements of FHWA.
(2)
				Application. The Department shall submit state approved Recreational Trails
				Program applications to FHWA for federal approval.
(3) Transportation Planning. The Department
				shall submit a list of all projects to be funded to the FDOT for inclusion in
				the appropriate Statewide Transportation Improvement Program (STIP) or
				Metropolitan Planning Organization's Transportation Improvement Program
				(TIP).
(4) Approval. FHWA shall
				review all such applications. Once all projects are included in the approved
				STIP or TIP, FHWA and the Department shall enter into a project agreement to
				implement approved grant projects.
Rulemaking Authority
					 260.016(1)(h)
					 FS. Law Implemented 260.016(1)(d), (f), (h), (2)(a)2.
					 FS.
New 5-1-01.