reglab/statecodes huggingface dataset:
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-2 - RECREATIONAL TRAILS PROGRAM › Section 62S-2.075 - Grant Administration

Current through Reg. 50, No. 138; July 16, 2024
The following constitutes procedures for administration of
				  program grants:
(1) Project Agreement.
				Following FHWA approval of Department submitted applications, 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.
(2) PD&E Process.
				All approved projects are required by FHWA to complete the PD&E Process.
				This is accomplished by the applicant's submittal of the PD&E Data Survey,
				OGT-15, effective date May 1, 2001, hereby incorporated by reference and
				available from the Department's Office of Greenways and Trails, 3900
				Commonwealth Boulevard, Mail Station 795, Tallahassee, Florida 32399-3000,
				(850)488-3701. Upon final Class of Action Determination and Department approval
				of the commencement documentation, the Department shall notify the grantee to
				proceed with project construction. Grantee may not proceed without such
				notification.
(3) 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 must be incurred between the effective date of, and
				the project completion date identified in, the project agreement except for
				pre-agreement costs. Costs for 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 shall
				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 total 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 as set forth in subsection
				 62S-2.075(5),
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-2 - RECREATIONAL TRAILS PROGRAM › Section 62S-2.076 - Compliance Responsibilities

Current through Reg. 50, No. 138; July 16, 2024
The following constitute the general requirements for program
				  compliance:
(1) Site Dedication. Land
				owned by the grantee, or, in the case of a nonprofit grantee a governmental
				entity, which is developed or acquired with RTP funds, shall be dedicated for
				ninety-nine (99) years as an outdoor recreational site for the use and benefit
				of the general public. Land under control other than by ownership of the
				grantee such as by lease, shall be dedicated as an outdoor recreation area for
				the use and benefit of the general public for a minimum of twenty-five (25)
				years from the completion date set forth in the project completion certificate.
				The lease must not be revocable at will; must extend for twenty-five (25) years
				after project completion date; and must contain a clause which enables the
				grantee to dedicate the land for the twenty-five (25) year period. The
				dedication must be recorded in the public property records by the grantee, or
				in the case of a nonprofit grantee, by the land owner.
(a) Continuing Recreational Use. At the
				option of the Grantee, the project site may be afforded Section 6(f)(3)
				protection of the Land and Water Conservation Fund Act of 1965 [16 U.S.C.
				460
l
-8(f)(3)]. The Grantee
				must have sufficient control and tenure of the project site as specified in the
				LWCF Manual in order to provide reasonable assurance that a conversion will not
				occur without approval of the National Park Service. The Grantee shall notify
				the Department that it requests Section 6(f)(3) protection prior to the FHWA
				authorizing the project.
(b)
				Equipment. All equipment purchased with RTP funds is to be used for trail
				maintenance and construction purposes on those trails indicated in the project
				application. The equipment shall be stored and maintained per the
				manufacturer's recommendations. The equipment shall be available for inspection
				by Department staff.
1. On July 1 of each
				year, the Grantee will submit proof of insurance for the current fiscal year,
				and an annual report indicating the previous year's operating and maintenance
				schedule.
2. All equipment whose
				value is in excess of $5, 000.00 remains property of FHWA and shall be
				surplused in accordance with their Guidance. All equipment whose value has
				depreciated to less than $5, 000.00 but greater than zero will be surplused in
				accordance with DEP Directive 320. A copy of the directive may be obtained from
				the Division of Administration, 3900 Commonwealth Boulevard, Tallahassee,
				Florida 32399-3000. Should the equipment be lost or stolen, it is the Grantee's
				responsibility to replace the equipment at its current value, as determined by
				the Department.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-3 - OPERATIONS, ACTIVITIES AND RECREATION ON LANDS UNDER THE MANAGEMENT OF THE OFFICE OF GREENWAYS AND TRAILS › Section 62S-3.001 to 62S-3.003 - [Repealed]

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 260.016 FS. Law Implemented 253.7821,
					 260.016 FS.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-3 - OPERATIONS, ACTIVITIES AND RECREATION ON LANDS UNDER THE MANAGEMENT OF THE OFFICE OF GREENWAYS AND TRAILS › Section 62S-3.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 260.016 FS. Law Implemented
					 253.7821,
					 260.016
					 FS.
New 10-21-01, Amended 11-29-06, Repealed
					 12-7-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-3 - OPERATIONS, ACTIVITIES AND RECREATION ON LANDS UNDER THE MANAGEMENT OF THE OFFICE OF GREENWAYS AND TRAILS › Section 62S-3.002 - Operations, Activities and Recreation on Lands Under the Management of the Office of Greenways and Trails (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 260.016 FS. Law Implemented
					 253.05,
					 253.7821,
					 260.016
					 FS.
New 10-21-01, Amended 11-29-06, Repealed
					 12-7-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-3 - OPERATIONS, ACTIVITIES AND RECREATION ON LANDS UNDER THE MANAGEMENT OF THE OFFICE OF GREENWAYS AND TRAILS › Section 62S-3.003 - Determination and Applicability of Fines (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 260.016 FS. Law Implemented
					 253.7821,
					 260.016
					 FS.
New 10-21-01, Amended 7-30-03, 11-29-06, Repealed
					 12-7-15.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule, except where the context clearly
				  indicates a different meaning, the following terms shall have the meaning
				  indicated:
(1) "Act" means the Coastal
				Zone Management Act of 1972, 16 U.S.C. Sections 1451 et
				seq.
(2) "Applicant" means local
				governments of the 35 coastal counties and all municipalities within their
				boundaries that are required to include a coastal element in the local
				comprehensive plan. The term also means Florida colleges, community colleges
				and state universities as listed in Chapter
				 1000.21, F.S., regional planning
				councils, national estuary programs and non-profit groups, as long as an
				eligible local government agrees to participate as a partner.
(3) "Application" means a formal request for
				Coastal Partnership Initiative funds by an applicant consisting of a complete,
				original grant application form, including required copies and
				documentation.
(4) "CPI" means
				Coastal Partnership Initiative, which is a competitive grant program to
				disperse funds pursuant to Sections 306 and 306A of the Act.
(5) "Department" means the Florida Department
				of Environmental Protection.
(6)
				"FCMP" means Florida Coastal Management Program as described in Sections
				 380.20 -
				 380.24, F.S.
(7) "Invasive Exotic Plants" for the purpose
				of this rule, means non-native plants that adversely affect the habitats and
				bioregions they invade.
(8)
				"Matching Funds" means non-federal funds expended and/or in-kind services
				provided by the recipient in conjunction with funds received through this
				program.
(9) "NOAA" means the
				National Oceanic and Atmospheric Administration in the U.S. Department of
				Commerce.
(10) "Non-profit" means
				any corporation, trust, association, cooperative, or other organization which:
(a) Is operated primarily for scientific,
				educational, service, charitable, or similar purposes in the public
				interest;
(b) Is not organized
				primarily for profit; and,
(c) Uses
				its net proceeds to maintain, improve, and/or expand its operations. For this
				purpose, the term "non-profit organization" excludes (i) colleges and
				universities; (ii) hospitals; and (iii) State, local, and federally-recognized
				Indian tribal governments.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.004 - Application Procedures for Coastal Partnership Initiative Grants

Current through Reg. 50, No. 138; July 16, 2024
(1) CPI Program Purpose. Eligible applicants
				may request financial assistance to implement projects to protect, enhance, and
				improve the management of natural, cultural, and historical coastal resources
				and to increase the sustainability, resiliency and preparedness of coastal
				communities. Grant applications must benefit the management of coastal
				resources, and meet the purpose of at least one of the following CPI priority
				areas:
(a) Resilient Communities. The purpose
				of this priority area is to help coastal communities prepare for and respond to
				the effects of climate change and natural hazard events and disasters. Project
				examples include: conducting vulnerability analyses and risk assessments;
				developing post-disaster redevelopment plans and business continuity plans;
				developing climate change adaptation strategies for incorporation in local
				comprehensive plans or ordinances; developing policies, guidance and best
				management practices; restoring and preserving coastal wetlands and shorelines;
				and developing energy efficiency and alternative energy strategies.
(b) Coastal Resource Stewardship. The purpose
				of this priority area is to promote stewardship and appreciation of fragile
				coastal resources through local involvement. Stewardship project examples
				include dune and wetland restoration; invasive exotic plant removal; coastal
				clean-ups; cultural resource protection; environmental awareness initiatives;
				coastal learning centers; and environmental education events and field
				trips.
(c) Access to Coastal
				Resources. The purpose of this priority area is to help communities identify
				and improve public access to cultural, historical and natural areas while
				protecting resources from overuse and damage. Project examples include:
				planning for, and construction of small-scale projects such as fishing piers,
				dune crossovers, boardwalks, observation decks, and canoe and sailboat
				launches; natural shoreline restoration; invasive exotic plant removal;
				waterfront park improvements; and development of recreational surface water use
				plans or policies pursuant to section
				 163.3177(6)(g),
				F.S.
(d) Working Waterfronts. The
				working waterfronts priority area is designed to assist communities with
				waterfront revitalization. The working waterfronts initiative aims to support
				projects that enhance and sustain traditional waterfront communities while
				addressing public access, resource protection, and hazard mitigation issues.
				Project examples in this category include constructing boat ramps, waterside
				boardwalks, kiosks and fish cleaning stations; and restoring shorelines and
				wetlands or implementing other measures that mitigate the effects of natural
				hazards.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.0045 - Application Procedures for Coastal Management Grants to State Agencies and Water Management Districts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 380.22(3) FS.
					 Law Implemented 380.22
					 FS.
New 8-11-03, Amended 9-11-05, Repealed
					 1-29-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.005 - Eligibility for Funding of Coastal Partnership Initiative Grants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.569,
					 120.57,
					 380.22(3) FS.
					 Law Implemented 120.569,
					 380.22
					 FS.
New 10-15-81, Formerly 17-24.05, Amended 12-2-87, Formerly
					 17-24.050, Amended 11-22-93, 4-30-96, 6-10-01, Formerly 9M-1.005, Amended
					 8-11-03, 9-11-05, Repealed 1-29-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.0055 - Eligibility for Funding of Coastal Management Grants to State Agencies and Water Management Districts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 120.569,
					 120.57,
					 380.22(3) FS.
					 Law Implemented 120.569,
					 380.22
					 FS.
New 8-11-03, Amended 9-11-05, Repealed
					 1-29-09.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.007 - Review Procedures and Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Minimum Requirements. Applications must include the following in order to be
				reviewed by the evaluation committee:
(a) A
				signed and complete Title Page;
(b)
				A Location Map;
(c) A Work Plan;
				and,
(d) A
				Budget.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-4 - COASTAL MANAGEMENT PROGRAM COASTAL PARTNERSHIP INITIATIVE GRANTS › Section 62S-4.008 - Funding Coastal Partnership Initiative Grants

Current through Reg. 50, No. 138; July 16, 2024
(1) The FCMP shall use the criteria and
				procedures established in this rule chapter to evaluate project applications
				and determine their eligibility to be included as part of Florida's official
				cooperative agreement application for federal assistance under the Act. The
				final decision whether or not to fund a project is made by the Department and
				NOAA.
(2) Funding of any
				application submitted in response to the FCMP's notice of availability of funds
				and in accordance with this rule chapter is subject to the amount of federal
				coastal zone management funds awarded to the FCMP and the amount allocated to
				the CPI by the FCMP.
(3) Notice of
				funding decisions shall be published on the FAR website at
https://www.flrules.org/
. Any
				person whose substantial interests are affected may request a hearing pursuant
				to Section  120.569, F.S., within 21 days of
				publication of the notice. Failure to request a hearing within the applicable
				time period shall constitute a waiver of the right to a hearing.
(4) A timely filed petition for an
				administrative hearing shall not cause the suspension of further action on
				other applications. If, as a result of a Chapter 120, F.S., administrative or
				judicial proceeding, the Department's determination of ranking for an
				application is reversed, and as a result an applicant obtains a rank high
				enough that it would qualify for inclusion in the Department's application to
				NOAA, the Department shall include the application in the following year's
				application to NOAA for coastal zone management funds.
(5) Any recipient of a previous grant awarded
				by the Department that did not complete the tasks specified in the grant
				agreement or substantially failed to abide by the terms of the grant agreement,
				without good cause, shall be ineligible to be considered for funding under the
				CPI program for two consecutive funding cycles. The FCMP shall determine within
				30 days of the grant end date whether the grant recipient is ineligible
				pursuant to this paragraph and shall notify the ineligible grant recipient in
				writing. Any person whose substantial interests are affected may request a
				hearing pursuant to Section
				 120.569, F.S., within 21 days of
				receipt of notice. Failure to request a hearing within the applicable time
				period shall constitute a waiver of the right to a
				hearing.
Rulemaking Authority
					 120.569,
					 120.57,
					 380.22(3) FS.
					 Law Implemented 120.569,
					 380.22
					 FS.
New 1-29-09, Amended
					 9-2-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-5 - COASTAL MANAGEMENT PROGRAM GRANTS TO STATE AGENCIES AND WATER MANAGEMENT DISTRICTS › Section 62S-5.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule, except where the context clearly
				  indicates a different meaning, the following terms shall have the meaning
				  indicated:
(1) "Act" means the Coastal
				Zone Management Act of 1972, 16 U.S.C. Sections 1451 et
				seq.
(2) "Applicant" means state
				agencies, as identified in Sections
				 20.10 through
				 20.43, F.S., and water
				management districts.
(3)
				"Department" means the Florida Department of Environmental
				Protection.
(4) "FCMP" means
				Florida Coastal Management Program as described in Sections
				 380.20 through
				 380.24, F.S.
(5) "Match Funds" means non-federal funds
				expended and/or in-kind services provided by the recipient in conjunction with
				funds received through this program.
(6) "NOAA" means the National Oceanic and
				Atmospheric Administration in the U.S. Department of Commerce.
(7) "Recipient" means an applicant who
				receives an award through the criteria and procedures established in this
				chapter.
Rulemaking Authority
					 380.22(3) FS.
					 Law Implemented 380.22
					 FS.
New 1-29-09, Amended
					 8-11-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-5 - COASTAL MANAGEMENT PROGRAM GRANTS TO STATE AGENCIES AND WATER MANAGEMENT DISTRICTS › Section 62S-5.003 - Review and Funding of Grants

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				FCMP shall review applications in consultation with agencies having the
				appropriate expertise to evaluate the merits of the projects and provide
				technical comments and recommendations to the FCMP. The FCMP shall determine
				which projects will be included in the state's cooperative agreement
				application to NOAA based on the consultation and the following criteria: the
				project's feasibility; the cost-effectiveness of the project; and the degree to
				which the project meets the priorities stated in the notice of availability of
				funds, complements other state and federal resource management programs and
				initiatives, and meets or reduces an unmet need.
(2) The FCMP shall use the criteria and
				procedures established in this rule chapter to evaluate project applications
				and determine their eligibility to be included as part of Florida's official
				cooperative agreement application for federal assistance under the Act. The
				final decision whether or not to fund a project is made by the Department and
				NOAA.
(3) Funds awarded by the
				procedures described in this chapter shall not be used to supplant or replace
				any state or local funds, used as matching funds to apply for or receive other
				federal funds, or used as match for funds awarded as a result of the
				application processes described in this chapter.
(4) Funding of any application submitted in
				response to the FCMP's notice of availability of funds and in accordance with
				this rule chapter is subject to the amount of federal coastal zone management
				funds awarded to the FCMP and the amount allocated to the CPI by the
				FCMP.
(5) Notice of funding
				decisions shall be published on the FAR website at
https://www.flrules.org/
. Any
				person whose substantial interests are affected may request a hearing pursuant
				to Section  120.569, F.S., within 21 days of
				publication of the notice. Failure to request a hearing within the applicable
				time period shall constitute a waiver of the right to a hearing.
(6) A timely filed petition for an
				administrative hearing shall not cause the suspension of further action on
				other applications. If, as a result of a Chapter 120, F.S., administrative or
				judicial proceeding, the Department's decision not to fund an application is
				reversed, the Department shall include the application among any state agency
				or water management district projects included in the following year's
				application for coastal zone management funds pursuant to the
				Act.
Rulemaking Authority
					 380.22(3) FS.
					 Law Implemented 380.22,
					 380.27
					 FS.
New 1-29-09, Amended
					 8-11-10.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-6 - POLLUTANT DISCHARGE ACT › Section 62S-6.009 - Application of Definitions

Current through Reg. 50, No. 138; July 16, 2024
For purposes of this chapter, the following terms shall be
				  defined to mean:
(1) "Pollutant" in
				accordance with Section
				 376.031(7),
				F.S., is interpreted to mean "oil of any kind and in any form" and "derivatives
				thereof" to include, but not be limited to, crude petroleum or liquid products
				that are derived from crude petroleum by distillation, cracking, hydroforming,
				and/or other petroleum refinery processes to include "gasoline." "Pesticides"
				means liquid chemical preparations intended for use in killing or regulating
				the growth of any living organism; "ammonia" and "derivatives thereof" include,
				but are not limited to anhydrous liquid ammonia
				(NH
3
), ammonia in aqueous solution
				(NH
4
OH), ammonium salts or other liquid
				chemical preparations which when discharged release free ammonia
				(NH
3
), or ammonium ion
				(NH
4
); and "chlorine" and "derivatives
				thereof, " include, but are not limited to, anhydrous liquid chlorine
				(Cl
2
), chlorine in aqueous solution (HOCL +
				Cl -), compounds containing hypochlorite (ClO -), chlorite
				(ClO
2
-), chlorate
				(ClO
3
-) perchlorate
				(ClO
4
-) lons, other liquid chemical
				preparations which, when discharged, release free chlorine (Cl or
				Cl
2
) or any of the above
				chlorine-containing ions.
(2)
				"Cargo" means goods or materials on board a vessel for purposes of
				transportation, in bulk, and regardless of whether transported under
				proprietary or non-proprietary shipping documents. Pollutants recovered and
				transported as the direct result of cleanup activities in response to a given
				discharge shall not be considered cargo.
Rulemaking Authority
					 376.07 FS. Law Implemented
					 376.031,
					 376.065,
					 376.07
					 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, Formerly
					  62N-16.009, Amended
					 1-9-14.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-6 - POLLUTANT DISCHARGE ACT › Section 62S-6.012 - Discharge Cleanup Organization; Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) For approval as a discharge cleanup
				organization, an applicant shall apply to the department on a Form
				 62S-6.012(1),
				Application for Approval as a Discharge Cleanup Organization, dated 1-9-14,
				hereby adopted and incorporated by reference. The completed form can be either
				mailed to the Department of Environmental Protection, Office of Emergency
				Response, 3900 Commonwealth Boulevard, M.S. 659, Tallahassee, Florida
				32399-3000 or it can be electronically submitted to the following email
				address, OER@dep.state.fl.us. Copies of this form are available from Department
				of Environmental Protection, Office of Emergency Response, 3900 Commonwealth
				Boulevard, M.S. 659, Tallahassee, Florida 32399-3000 or
https://www.flrules.org/Gateway/reference.asp?No=Ref-03630
or
http://www.dep.state.fl.us/oer/contractors.htm/
.
(2) There are two categories of discharge
				cleanup organizations. Category one is for organizations providing discharge
				containment only; category two is for organizations providing containment and
				cleanup of a 10, 000 gallon pollutant discharge. The department shall approve
				discharge cleanup organizations that meet the following criteria:
(a) Category one applicants shall have access
				to the containment equipment equal to five times the length of the largest
				vessel docking at or the largest vessel providing service from the terminal
				facility, whichever is larger, for the terminal facility for which the
				applicant will provide service.
(b)
				Category two applicants shall have access to the equipment required, pursuant
				to Rule  62S-6.034, F.A.C., to begin
				cleaning up a 10, 000 gallon discharge within 4 hours of discharge notification
				to their organization.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-6 - POLLUTANT DISCHARGE ACT › Section 62S-6.022 - Notification of Pollutant Discharge

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The "person-in-charge" master of any vessel or the "person-in-charge" of any
				terminal facility that suffers a pollutant discharge which enters or threatens
				to enter waters of the state within the jurisdiction of the department shall,
				within one hour of discovery of the discharge, notify the State Watch Office at
				(850)413-9911 or the United States Coast Guard at the National Response
				Center.
(2) The person making
				notification to the State Watch Office shall provide at least the following
				information regarding the spill.
(a) Name,
				occupation, title and telephone number of person making notification.
(b) Type of pollutant spilled.
(c) Location of spill (nearest city, river,
				bay, miles, etc.).
(d) Type of
				installation or carrier involved in the spill.
(e) Estimated amount of pollutant
				spilled.
(f) Date and time (local)
				of spill.
(g) Persons and agencies
				already contacted.
(h) Size and
				characteristics of area already affected by the spill.
(i) Containment and cleanup efforts to
				date.
(j) Cause of spill if
				known.
(k) Person or firm in charge
				of source.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-6 - POLLUTANT DISCHARGE ACT › Section 62S-6.032 - Terminal Facility Discharge Prevention and Response Certificates; Inspections

Current through Reg. 50, No. 138; July 16, 2024
(1) An owner or
				operator of a terminal facility shall provide to the department, the
				information required pursuant to Section
				 376.065, F.S., for the issuance
				of a discharge prevention and response certificate.
(2) The department shall inspect each
				terminal facility required to have a discharge prevention and response
				certificate and;
(a) Verify the information
				required to be provided by the applicant under Section
				 376.065(2),
				F.S.
(b) Inspect and verify access
				to the containment and cleanup equipment required for terminal facilities which
				store or service vessels having a capacity to carry 10, 000 gallons or more of
				pollutants as fuel or cargo as provided under Section
				 376.065(3),
				F.S.
(c) Review and verify the
				contents of the terminal facility site specific discharge contingency plan to
				ensure it contains the minimum information required pursuant to Rule
				 62S-6.033,
				F.A.C.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-6 - POLLUTANT DISCHARGE ACT › Section 62S-6.034 - Additional Equipment to Cleanup a 10, 000 Gallon Pollutant Discharge

Current through Reg. 50, No. 138; July 16, 2024
(1) The additional cleanup equipment to be
				available to a terminal facility as required under Section
				 376.065(3),
				F.S., shall be as follows:
(a) Twenty-five
				hundred feet of sorbent boom.
(b)
				Two each 2, 000 gallon per hour mechanical removal or skimming devices and two
				each 2, 000 gallon capacity holding or storage devices and a minimum of 200
				feet of suction hose.
(c) A
				sufficient quantity of sorbents based on their rated sorption capacity for 1,
				000 gallons of pollutants.
(d) One
				thousand each heavy duty 30 gallon or larger garbage bags or the equivalent,
				for containment of soiled sorbents.
(e) Three boats (16 feet or larger), each
				with a minimum of a 25 horsepower engine suitable for deploying and retrieving
				boom and transporting discharge clean up equipment.
(f) Hand tools - 10 each yard rakes, 10 each
				square point shovels, 10 each round pointed shovels and 3 each
				wheelbarrows.
(g) Two each portable
				gasoline powered blowers (yard type).
(h) Two each portable trash pumps with at
				least 100 feet of discharge hose and 50 feet of suction hose with a nozzle.
				Pumps shall have a lift capacity of 25 feet and discharge capacity of 50
				psi.
(i) Ten each portable two-way
				communication radios or cellular telephones.
(j) One thousand feet of 1/2" line or
				rope.
(k) Nautical charts of the
				terminal facility site.
(l) Fifty
				sets of protective clothing.
(m)
				Twenty-five pairs of protective footwear.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.010 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Area at risk due to sea level rise" is
				as defined in Section
				380.0937(1)(a),
				F.S.
(2) "Department" means the
				Department of Environmental Protection.
(3) "Expected life" means the time when an
				element is supposed to function within its specified parameters; in other
				words, the life expectancy of the potentially at-risk structure or
				infrastructure or project.
(4)
				"Flood depth" is the water level measured in feet above the ground at the
				project location.
(5) "Inundation"
				is defined as the complete submergence of the ground, a structure, or
				infrastructure, to water.
(6)
				"Level of service" means an indicator of the extent or degree of service
				provided by, or proposed to be provided by, a potentially at-risk structure or
				infrastructure based on and related to the operational characteristics of the
				asset such as the functional capacity per unit of demand.
(7) "Potentially at-risk structure or
				infrastructure" is as defined in Section
				380.0937(1)(c),
				F.S.
(8) "Public entity" is as
				defined in Section 380.0937(1)(d),
				F.S.
(9) "Significant flood damage"
				is as defined in Section
				380.0937(1)(e),
				F.S. For potentially at-risk structures or infrastructure for which replacement
				cost is not an appropriate metric, this term includes:
(a) Damage that affects functionality of the
				potentially at-risk structure or infrastructure due to a flood event or
				successive flooding events resulting in perpetual inundation occurring over a
				two-month period. For the purposes of determining an estimated probability of
				significant flood damage, this means inundation of two feet above the lowest
				point of a perpendicular transect of the potentially at-risk structure or
				infrastructure; or
(b) Damage that
				causes a reduction in the level of service below the minimum level of service
				identified in a local government's concurrency standards required by Section
				163.3180(1),
				F.S.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.011 - Requirements of the State-Financed Constructor

Current through Reg. 50, No. 138; July 16, 2024
(1) A state-financed constructor must conduct
				a SLIP study that meets the standards and criteria in Rule
				62S-7.012, F.A.C., prior to
				construction of a potentially at-risk structure or infrastructure. A
				state-financed constructor may comply with this requirement by using the
				Department's web-based tool, which was designed to meet the criteria in Rule
				62S-7.012, F.A.C., for
				performing and submitting a SLIP study or conduct and submit a SLIP study by
				their own method that otherwise meets the standards and criteria established in
				Rule 62S-7.012, F.A.C.
(2) The state-financed constructor may not
				commence construction of a potentially at-risk structure or infrastructure
				until a SLIP study meeting the criteria in Rule
				62S-7.012, F.A.C., has been
				submitted to the Department and has received notification from the Department
				via the web-based tool or email that the SLIP study has been published on the
				Department's website for 30 days. The Department encourages submission of the
				SLIP study during planning and design phases of the project.
(3) All SLIP studies will be maintained on
				the Department's website for a minimum of 10 years.
Rulemaking Authority
					 380.0937(6) FS.
					 Law Implemented 380.0937
					 FS.
New 7-1-21.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.012 - SLIP Study Standards

Current through Reg. 50, No. 138; July 16, 2024
A SLIP study required under Section
				  380.0937, F.S., shall meet the
				  following standards and criteria, and the Department's web-based tool has been
				  designed to meet these standards and criteria:
(1) Show the amount of sea level rise
				expected over 50 years or the expected life of the potentially at-risk
				structure or infrastructure, whichever is less. When there are multiple project
				features that function as one combined project, as contemplated by Section
				380.0937(3),
				F.S., one SLIP study may be submitted, but the expected life shall be that of
				the highest Risk Category for all project features contemplated. The amount of
				sea level rise expected must be calculated using the following criteria:
(a) The sea level rise scenarios used for
				analysis must, at a minimum, include the highest of the sea level rise
				projections required by Section 380.093(3)(d)3.b., F.S.
(b) The local sea level rise at the project's
				location must be interpolated (using the project's distance away from the
				gauges as the independent variable) between the two closest coastal tide gauges
				that do not have data warnings associated with them with NOAA sea level rise
				projections listed below.
1. 8670870 Fort
				Pulaski, Georgia
2. 8720030
				Fernandina Beach, Florida
3.
				8720218 Mayport, Florida
4. 8721604
				Trident Pier, Florida
5. 8722670
				Lake Worth Pier, Florida
6. 8723214
				Virginia Key, Florida
7. 8723970
				Vaca Key, Florida
8. 8724580 Key
				West, Florida
9. 8725110 Naples,
				Florida
10. 8725520 Fort Myers,
				Florida
11. 8726384 Port Manatee,
				Florida
12. 8726674 East Bay,
				Florida
13. 8726520 St. Petersburg,
				Florida
14. 8726724 Clearwater
				Beach, Florida
15. 8727520 Cedar
				Key, Florida
16. 8728690
				Apalachicola, Florida
17. 8729108
				Panama City, Florida
18. 8729210
				Panama City Beach, Florida
19.
				8729840 Pensacola, Florida
20.
				8735180 Dauphin Island, Alabama
(c) Flood depth must be calculated in North
				American Vertical Datum of 1988 (NAVD88) over the entirety of the project
				location out 50 years or the potentially at-risk structure or infrastructure's
				expected life, whichever is less, for the highest of the sea level rise
				projections required by Section 380.093(3)(d)3.b., F.S.
(d) The contribution of land subsidence to
				relative local sea level rise must be included. The land subsidence
				contribution is calculated by NOAA for each local tide gauge and is included in
				each of the NOAA sea level projections. This data (labeled VLM for Vertical
				Land Movement) is presented in the U.S. Army Corps of Engineers (USACE) sea
				level change calculator (Version 2022.72) (effective July 1, 2024) found at
https://cwbi-app.sec.usace.army.mil/rccslc/slcc_calc.html
,
				hereby incorporated by reference
http://www.flrules.org/Gateway/reference.asp?No=Ref-16620
.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.014 - Implementation of SLIP Study findings

Current through Reg. 50, No. 138; July 16, 2024
The Department's intent in this rule is to inform and raise
				  awareness with the state-financed constructor of the potential impacts of sea
				  level rise and increased storm risk on potentially at-risk structures or
				  infrastructure. Implementation of the findings of the SLIP studies is at the
				  discretion of the state-financed constructor.
Rulemaking Authority
					 380.0937(6) FS.
					 Law Implemented 380.0937
					 FS.
New 7-1-21.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.016 - Enforcement by DEP

Current through Reg. 50, No. 138; July 16, 2024
Failure to comply with the SLIP study requirements may result
				  in compliance or enforcement action by the Department, including but not
				  limited to:
(1) Pursuit of injunctive
				relief to cease construction until the constructor comes into full compliance
				with the requirement;
(2) Recovery
				of all or a portion of state funds expended on the construction
				activity.
Rulemaking Authority
					 161.551(6) FS.
					 Law Implemented 161.551
					 FS.
New 7-1-21.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-7 - PUBLIC FINANCING OF COASTAL CONSTRUCTION "SLIP STUDY RULE" › Section 62S-7.020 - Effective Date

Current through Reg. 50, No. 138; July 16, 2024
This rule chapter applies only to projects that have not yet
				  commenced construction as of July 1, 2024 (i.e., the date the rule takes
				  effect). This rule chapter does not apply retroactively to projects that
				  commenced construction prior to the date the rule is effective
Rulemaking Authority
					 380.0937(6) FS.
					 Law Implemented 380.0937
					 FS.
New 7-1-21.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-8 - STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN › Section 62S-8.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of Chapter 62S-8, F.A.C., is
				to establish project scoring criteria that, pursuant to Section
				 380.093, F.S., shall be used in
				the Department's evaluation and ranking of implementation project grant
				proposals submitted for inclusion in the Statewide Flooding and Sea Level Rise
				Resilience Plan.
(2) The Department
				encourages the electronic submittal of application materials through the
				application portal available online here:
https://fdep.force.com/grants/s/
.
				Alternatively, application materials can be submitted in paper form to the
				Resilient Florida Grant Program at: 2600 North Blair Stone Road, MS #235,
				Tallahassee, Florida 32399.
Rulemaking Authority
					 380.093 FS. Law Implemented
					 380.093
					 FS.
New 8-22-22.
Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62S - Office of the Secretary › Chapter 62S-8 - STATEWIDE FLOODING AND SEA LEVEL RISE RESILIENCE PLAN › Section 62S-8.003 - Project Scoring Criteria

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				projects eligible for inclusion in the Statewide Flooding and Sea Level Rise
				Resilience Plan by meeting the requirements in Section
				 380.093(5),
				F.S., will be reviewed by the Department. Each eligible project will be
				allocated points based on the tiered structure outlined in this rule and
				consistent with Section
				 380.093(5)(h),
				F.S. Total points awarded will determine the project rank. If an applicant
				fails to demonstrate it meets a specific scoring criteria by failing to satisfy
				all relevant requirements for that criteria set forth in this rule, that
				criteria will receive a score of zero.
(2) The maximum number of points that may be
				awarded for Tier 1 criteria is 40 points.
(a)
				Up to 10 points will be awarded for the degree to which the project addresses
				the risks posed by flooding and sea level rise. These points will be allocated
				in the following manner:
1. Five points will
				be awarded if the project addresses risks posed by flooding or sea level rise
				either specifically identified in an existing comprehensive vulnerability
				assessment that shall be submitted to the Department with the proposal, or in
				the comprehensive statewide flood vulnerability and sea level rise assessment,
				once available. Prior to December 1, 2023, applicants without a comprehensive
				vulnerability assessment shall receive points based on risks posed by flooding
				or sea level rise identified in an assessment, report, evaluation, or other
				documentation of risk that analyzes the impacts of existing or future flooding
				or sea level rise; and
2. Five
				points will be awarded if the project addresses risks posed by compound
				flooding either specifically identified in an existing comprehensive
				vulnerability assessment that shall be submitted to the Department with the
				proposal, or in the comprehensive statewide flood vulnerability and sea level
				rise assessment, once available. Prior to December 1, 2023, applicants without
				a comprehensive vulnerability assessment shall receive points based on risks
				posed by flooding or sea level rise identified in an assessment, report,
				evaluation, or other documentation of risk that analyzes the impacts of
				existing or future flooding or sea level rise.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63A - Juvenile Justice Standards and Training Commission › Chapter 63A-1 - ORGANIZATION › Section 63A-1.001 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  985.64,  985.66 FS. Law Implemented
					  985.66 FS.
New 9-30-98, Repealed
					 10-26-15.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63A - Juvenile Justice Standards and Training Commission › Chapter 63A-1 - ORGANIZATION › Section 63A-1.002 - General Organization (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  985.64,  985.66 FS. Law Implemented
					  985.66 FS.
New 9-30-98, Repealed
					 10-26-15.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63A - Juvenile Justice Standards and Training Commission › Chapter 63A-1 - ORGANIZATION › Section 63A-1.003 - Finance, Budget and Audits (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  985.64,  985.66 FS. Law Implemented
					  985.66 FS.
New 9-30-98, Repealed
					 10-26-15.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63B - Education › Chapter 63B-1 - CAREER-RELATED PROGRAMS › Section 63B-1.001 - Purpose and Scope (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  985.618(4),  985.622,  985.64 FS. Law
					 Implemented  985.618(4),  985.622 FS.
New 5-17-07, Repealed
					 7-16-20.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63B - Education › Chapter 63B-1 - CAREER-RELATED PROGRAMS › Section 63B-1.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
To establish the standards and requirements for the
				 department's career-related programs, the following words shall have the
				 meanings indicated:
(1) Cooperative
				Agreement- Agreement signed locally and at the state level to define shared
				educational responsibilities with the Florida Department of Education and the
				Department of Juvenile Justice, and School Districts and the Department of
				Juvenile Justice as defined in Sections   1003.52(1) and (14), F.S.
(2) Department - The Florida Department of
				Juvenile Justice.
(3) Juvenile
				Justice Education Survey - An instrument assessing the degree of juvenile
				justice educational resources, partnerships and outcomes.
(4) Program - A contracted or state-operated
				residential or non-residential facility funded by the department, providing
				educational services to committed youth.
(5) Career Education - There are three types
				of career education:
(a) Type 1 career
				education programs teach personal accountability skills and behaviors that are
				appropriate for students in all age groups and ability levels and that lead to
				work habits that help maintain employment and living standards.
(b) Type 2 career education programs include
				Type 1 program content and an orientation to the broad scope of career choices,
				based upon personal abilities, aptitudes and interest. Exploring and gaining
				knowledge of occupation options and the level of effort required to achieve
				them is an essential prerequisite to skill training.
(c) Type 3 career education programs include
				Type 1 program content and the competencies or the prerequisites needed for
				entry into a specific occupation.
Florida Administrative Code › 63 - DEPARTMENT OF JUVENILE JUSTICE › 63B - Education › Chapter 63B-1 - CAREER-RELATED PROGRAMS › Section 63B-1.003 - Career Education Programming

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				juvenile justice programs are required to incorporate a minimum of Type 1
				career education programming.
(2)
				Day treatment, prevention and nonsecure residential programs are required to
				provide Type 2 programming consistent with the age, type, and special needs of
				the youth populations served.
(3)
				Secure residential programs are required to provide Type 3 programming
				consistent with the age, type and special needs of the youth populations
				served.
(4) Programs will
				collaborate with the educational program to assist youth in acquiring academic,
				technical, personal managerial, problem-solving and teamwork skills essential
				for a lifetime of achievement in a technological society.
Rulemaking Authority  985.618(4),  985.622,  985.64 FS. Law
					 Implemented  985.618(4),  985.622 FS.
New 5-17-07, Amended
					 7-16-20.