reglab/statecodes huggingface dataset:
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.011 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-7.11, 27F-7.11, 27F-7.011,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.012 - Variances

Current through Reg. 50, No. 138; July 16, 2024
Variance procedures provided in local ordinances shall apply
				  to the Green Swamp Area of Critical State Concern. However, in addition to the
				  standards provided in such ordinances, no variance shall be granted for any
				  development within the critical area unless such development is designed,
				  consistent with critical area regulations, to have minimum adverse impact on
				  the area's water storage capacity, surface water flow and wetlands. The
				  applicant shall have the affirmative burden of establishing that the
				  development will have a minimum adverse impact on such
				  resources.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.12, 27F-7.12,
					 27F-7.012.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.013 - Appeals (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05,  380.07 FS. Law Implemented
					  380.05(8)  FS.
New 7-20-75, Formerly 22F-7.13, 27F-7.13, 27F-7.013,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.014 - Amendments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05 FS. Law Implemented  380.05(8) 
					 FS.
New 7-20-75, Formerly 22F-7.11, 27F-7.11, 27F-7.011,
					 Repealed 7-30-98.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-28 - LAND PLANNING - PART VII BOUNDARY AND REGULATIONS FOR THE GREEN SWAMP AREA OF CRITICAL STATE CONCERN - LAKE COUNTY › Section 28-28.015 - Severability

Current through Reg. 50, No. 138; July 16, 2024
If any one or more of the provisions of these regulations or
				  the application of such provisions to any situation, circumstance or person
				  shall for any reason be held invalid, such invalidity shall not affect any
				  other provision of these regulations or the application of such regulations to
				  any other situation, circumstance or person.
Rulemaking Authority  380.05 FS. Law Implemented  380.05(1) 
					 FS.
New 7-20-75, Formerly 22F-7.15, 27F-7.15,
					 27F-7.015.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-29 - LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 28-29.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
Pursuant to Section 7, Article II, of the Florida
				  Constitution, and Section   380.05, F.S., it is the purpose of these rules to
				  define the boundary of the Florida Keys Area of Critical State Concern and to
				  provide principles for guiding development within the critical area in order to
				  conserve and protect the natural, environmental, historical and economic
				  resources, the scenic beauty, and the public facilities within the Area of
				  Critical State Concern. It is the further purpose of these rules to provide a
				  comprehensive plan and development regulations that will preserve water
				  quality, provided for the optimum utilization of the limited water resources of
				  the area, facilitate orderly and well-planned development, and protect the
				  health, welfare, safety and quality of life of the residents of the state. To
				  effectively and equitably accomplish such purposes these rules should be
				  implemented by local governments through administrative processes consistent
				  with the comprehensive plan. These processes shall be strengthened to the end
				  that local government is able to achieve the purposes herein stated without the
				  continuation of the designation of area of critical state concern. All existing
				  rights of private property should be preserved in accordance with the
				  constitution of the State of Florida and the United States.
Rulemaking Authority  380.05,  380.0552(1)  FS. Law
					 Implemented  380.05,  380.0552(1)  FS.
New 5-16-75, Formerly 22F-8.01, Amended 8-23-84, Formerly
					 27F-8.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-29 - LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 28-29.002 - Boundary

Current through Reg. 50, No. 138; July 16, 2024
The following area is hereby designated as the Florida Keys
				  Area of Critical State Concern:
All lands in Monroe County, except:
(1) That portion of Monroe County included
				within the designated exterior boundaries of the Everglades National Park and
				areas north of said Park;
(2) All
				lands more than 250 feet seaward of the mean high water line owned by local,
				state, or federal governments;
(3)
				Federal properties; and
(4) Area
				within the incorporated boundaries of the City of Key
				West.
Rulemaking Authority  380.05(12)  FS. Law Implemented  380.05,
					  380.0552 FS.
New 5-16-75, Formerly 22F-8.02, Amended 8-23-84, Formerly
					 27F-8.002, Amended 10-28-87,
					 2-4-91.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-29 - LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 28-29.004 - Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) The state land planning agency shall
				administer the requirements of these rules through negotiated memoranda of
				agreement with each affected local government, specifying reporting
				requirements and deadlines for implementation.
(2) All appropriate state and regional
				agencies shall render technical assistance and commit any available resources
				to aiding local governments in their compliance with the provisions of these
				rules.
(3) The state land planning
				agency shall coordinate the programs and regulatory activities of state,
				regional and federal agencies to ensure that they are consistent, to the
				maximum extent possible, with local government comprehensive plans and
				development regulations approved under these Principles for Guiding
				Development.
(4) The above
				guidelines and implementation requirements are oriented towards protection of
				natural resources and public investments of regional and state importance. The
				comprehensive plans and development regulations developed pursuant to these
				principles shall be:
(a) Performance oriented
				to maximize design flexibility;
(b)
				Administered to provide specified levels of protection that reflect the
				location, quality, environmental functions and the relationship of the
				protected resources to developed areas and public facilities; and
(c) Adopted and administered consistent with
				the requirements of Chapter 163, F.S.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-29 - LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 28-29.005 - Effective Date

Current through Reg. 50, No. 138; July 16, 2024
These rules shall take effect twenty (20) days after filing
				  with the Secretary of State.
Rulemaking Authority  120.54(11),  380.05 FS. Law Implemented
					  380.05 FS.
New 5-16-75, Formerly 22F-8.05,
					 27F-8.005.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-29 - LAND PLANNING - PART VIII BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN › Section 28-29.006 - Periodic Reconsideration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 380 FS. Law Implemented  380.05 FS.
New 5-16-75, Formerly 22F-8.06, 27F-8.006, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.001 - Short Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.01, Formerly 27F-9.01,
					 27F-9.001, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.02, Formerly 27F-9.02,
					 27F-9.002, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.003 - Local Comprehensive Plan (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8), (11)  FS. Law Implemented
					  380.05 FS.
New 3-30-76, Formerly 22F-9.03, Amended 12-28-83, Formerly
					 27F-9.03, 27F-9.003, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.004 - Development Order and Public Facilities Coordination (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 7-13-77, Formerly 22F-9.04, Formerly
					 27F-9.04, 27F-9.004, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.005 - Special Zoning Districts (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 7-13-77, Formerly 22F-9.05, Formerly
					 27F-9.05, 27F-9.005, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.006 - Community Impact Assessment Statement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.06, Formerly 27F-9.06,
					 27F-9.006, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.007 - Land Clearing Permit (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.07, Formerly 27F-9.07,
					 Transferred from 27F-9.007, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.008 - Tropical Hammock Vegetation Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.08, Formerly 27F-9.08,
					 Transferred from 27F-9.008, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.009 - Revegetation and Landscaping (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.09, Formerly 27F-9.09,
					 Transferred from 27F-9.009, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.010 - Shoreline Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  253.124,
					  380.05 FS.
New 3-30-76, Formerly 22F-9.10, Formerly 27F-9.10,
					 Transferred from 27F-9.010, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.011 - Waste Treatment and Disposal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented Public
					 Law 92-500, Water Pollution Control Amendment 1972, Section 201,   380.05 FS.
New 3-30-76, Formerly 22F-9.11, Formerly 27F-9.11,
					 Transferred from 27F-9.01, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.012 - Modification of Subdivision Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 7-13-77, Formerly 22F-9.12, Formerly
					 27F-9.12, Transferred from 27F-9.012, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.013 - Plumbing Code (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-9.13, Formerly 27F-9.13,
					 Transferred from 27F-9.013, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.014 - Overseas Highway Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 7-13-77, Formerly 22F-9.14, Formerly
					 27F-9.14, Transferred from 27F-9.014, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.015 - Protection of Waste Treatment Sites (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8), (11)  FS. Law Implemented
					  380.05 FS.
New 3-30-76, Formerly 22F-9.15, Amended 12-28-83, Formerly
					 27F-9.15, Transferred from 27F-9.015, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.016 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  120.54(11),  380.05 FS.
New 3-30-76, Formerly 22F-9.16, Formerly 27F-9.16,
					 Transferred from 27F-9.016, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.017 - Ordinances Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8), (11)  FS. Law Implemented
					  380.05 FS.
New 3-30-76, Formerly 22F-9.17, Amended 12-28-83, Formerly
					 27F-9.17, Transferred from 27F-9.017, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-30 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - MONROE COUNTY › Section 28-30.018 - Amendments (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8),  380.05(11)  FS. Law
					 Implemented  380.05 FS.
New 7-13-77, Formerly 22F-9.18, Formerly 27F-9.18,
					 Transferred from 27F-9.018, Repealed
					 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.001 - Short Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-10.01, 27F-10.01, 27F-10.001,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-10.02, 27F-10.02,
					 27F-10.002.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.003 - Coordination of Development Orders with Public Facilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-10.03, 27F-10.03, 27F-10.003,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.004 - Community Impact Assessment Statement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 5-2-78, Formerly 22F-10.04, 27F-10.04,
					 27F-10.004, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.005 - Landscaping of Cleared Sites (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-10.05, 27F-10.05, 27F-10.005,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.006 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  120.54(11),  380.05 FS.
New 3-30-76, Formerly 22F-10.06, 27F-10.06, 27F-10.006,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-31 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF KEY COLONY BEACH › Section 28-31.007 - Ordinance Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Amended 5-2-78, Formerly 22F-10.07, 27F-10.07,
					 27F-10.007, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-32 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON › Section 28-32.001 - Short Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-11.01, 27F-11.01, 27F-11.001,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-32 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON › Section 28-32.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-11.02, 27F-11.02, 27F-11.002,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-32 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON › Section 28-32.003 - Land Use Regulations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-11.03, 27F-11.03, 27F-11.003,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-32 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON › Section 28-32.004 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  120.54(11),  380.05(8)  FS. Law
					 Implemented  380.05 FS.
New 3-30-76, Formerly 22F-11.04, 27F-11.04, 27F-11.04,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-32 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF LAYTON › Section 28-32.005 - Ordinance Incorporated by Reference (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-11.05, 27F-11.05, 27F-11.005,
					 Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-34 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH › Section 28-34.001 - Short Title (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-13.01, Formerly 27F-13.01,
					 27F-13.001, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-34 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH › Section 28-34.002 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-13.02, Formerly 27F-13.02,
					 27F-13.002, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-34 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH › Section 28-34.003 - Shoreline and Mangrove Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  253.124,
					  380.05 FS.
New 3-30-76, Formerly 22F-13.03, Formerly 27F-13.03,
					 27F-13.003, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-34 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH › Section 28-34.004 - Site Clearing and Tree Protection (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented  380.05 FS.
New 3-30-76, Formerly 22F-13.04, Formerly 27F-13.04,
					 27F-13.004, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-34 - LAND PLANNING - REGULATIONS FOR THE FLORIDA KEYS AREA OF CRITICAL STATE CONCERN - CITY OF NORTH KEY LARGO BEACH › Section 28-34.005 - Effective Date (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  120.54(11),  380.05 FS.
New 3-30-76, Formerly 22F-13.05, Formerly 27F-13.05,
					 27F-13.005, Repealed 1-12-14.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.010 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.10, 27F-14.10, 27F-14.010,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.020 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972, (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.20, 27F-14.20, 27F-14.020,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.030 - Authority (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.20, 27F-14.30, 27F-14.030,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.040 - Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05,  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.40, 27F-14.40, 27F-14.040,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.050 - Applicant Eligibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.50, 27F-14.50, 27F-14.050,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.060 - Policy and Condition (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.60, 27F-14.60, 27F-14.060,
					 Repealed 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-35 - COASTAL ENERGY IMPACT PROGRAM › Section 28-35.070 - Procedure (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  20.05(5),  120.53 FS. Law Implemented
					 Section 308, Coastal Zone Management Act of 1972 (P. L. 92-583) as amended by
					 P. L. 94-370.
New 4-5-78, Formerly 22F-14.70, 27F-14.070, Repealed
					 6-25-12.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-36 - LAND PLANNING - BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE CITY OF KEY WEST › Section 28-36.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section VII, Article II, of
				the Florida Constitution, and Section   380.05, F.S., it is the purpose of these
				rules to define the boundary of the City of Key West Area of Critical State
				Concern and to provide principles for guiding development within the critical
				area in order to conserve and protect the natural, environmental, historical
				and economic resources, the scenic beauty, and the public facilities within the
				Area of Critical State Concern.
(2)
				The 1979 legislation designating the Florida Keys Area of Critical State
				Concern contained a special provision, Section   380.0552(3), F.S., that required
				the removal of the City of Key West upon approval by the State Land Planning
				Agency of the Land Use Element of the Local Government Comprehensive Plan. This
				was accomplished on June 26, 1981.
(3) Based on the recommendation of the Keys
				Resource Planning and Management Committee and the State Land Planning Agency,
				the Administration Commission determined to again designate the City of Key
				West as an Area of Critical State Concern. These principles are the basis for
				the City of Key West to prepare the Comprehensive Plan and Land Development
				Regulations for the designated Area of Critical State Concern. When the
				principles are properly implemented by the adoption and enforcement of the
				Comprehensive Plan and Development Regulations, then the advantages of
				coordinating development in the Area of Critical State Concern should be
				achieved.
Rulemaking Authority  380.05(1)  FS. Law Implemented
					  380.05(1)  FS.
New 2-28-84, Formerly 27F-15.01,
					 27F-15.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-36 - LAND PLANNING - BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE CITY OF KEY WEST › Section 28-36.003 - Principles for Guiding Development

Current through Reg. 50, No. 138; July 16, 2024
(1) Objectives
				to Be Achieved.
(a) Strengthen local
				government capabilities for managing land use and development;
(b) Protection of tidal mangroves and
				associated shoreline and marine resources and wildlife;
(c) Minimize the adverse impacts of
				development of the quality of water in and around the City of Key West and
				throughout the Florida Keys;
(d)
				Protection of scenic resources of the City of Key West and promotion of the
				management of unique, tropical vegetation;
(e) Protection of the historical heritage of
				Key West and the Key West Historical Preservation District;
(f) Protection of the value, efficiency,
				cost-effectiveness and amortized life of existing and proposed major public
				investments, including:
1. The Florida Keys
				Aqueduct and water supply facilities,
2. Sewage collection and disposal facilities,
3. Solid waste collection and
				disposal facilities,
4. Key West
				Naval Air Station,
5. The
				maintenance and expansion of transportation facilities, and
6. Other utilities, as
				appropriate;
(g) Minimize
				the adverse impacts of proposed public investments on the natural and
				environmental resources of the City of Key West; and
(h) Protection of the public health, safety,
				welfare and economy of the City of Key West, and the maintenance of Key West as
				a unique Florida resource.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-36 - LAND PLANNING - BOUNDARY AND PRINCIPLES FOR GUIDING DEVELOPMENT FOR THE CITY OF KEY WEST › Section 28-36.004 - Administration

Current through Reg. 50, No. 138; July 16, 2024
(1) The above guidelines are oriented towards
				protection of natural and historical resources and public investments of
				regional and State importance.
(2)
				The Comprehensive Plan and development regulations developed pursuant to these
				principles shall be:
(a) Performance oriented
				to maximize design flexibility.
(b)
				Administered by the municipal government in the same manner as local
				comprehensive plans, ordinances, and codes.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-37 - COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS FOR THE CITY OF KEY WEST AREA OF CRITICAL STATE CONCERN › Section 28-37.001 - Purpose and Effect

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of this Chapter is to
				establish land development regulations and a local comprehensive plan
				applicable within the City of Key West Area of Critical State Concern, pursuant
				to Section   380.05(8), F.S. It is the intent of the Administration Commission
				that this rule shall supplement those land development regulations approved by
				the Department of Commerce in Chapter 9B-30, F.A.C. This chapter and Chapter
				9B-30, F.A.C., comprise the comprehensive plan and land development regulations
				for the City of Key West Area of Critical State Concern. To the extent that
				existing ordinances are not adopted in this rule or approved in Chapter 9B-30,
				F.A.C., such ordinances are not deemed to be "land development regulations"
				within the definition of Section   380.031(8), F.S.
(2) As provided in Section   380.05(10), F.S.,
				the comprehensive plan and land development regulations adopted herein shall be
				superseded by regulations or amendments which are proposed by the City of Key
				West and approved by the Department of Commerce under the procedures found in
				Section   380.05(6), F.S.
(3) In the
				event of any inconsistency between the comprehensive plan and a land
				development regulation or graphic rendering, including but not limited to the
				zoning and land use maps, the text of the comprehensive plan shall
				control.
Rulemaking Authority  380.05(8)  FS. Law Implemented
					  380.05(8)  FS.
New 1-17-85, Formerly 27F-16.01,
					 27F-16.001.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-37 - COMPREHENSIVE PLAN AND LAND DEVELOPMENT REGULATIONS FOR THE CITY OF KEY WEST AREA OF CRITICAL STATE CONCERN › Section 28-37.002 - Comprehensive Plan

Current through Reg. 50, No. 138; July 16, 2024
The City of Key West Comprehensive Plan, 1981, is
				  incorporated by reference with the following amendments:
(1) Fiscal Structure and Economic Assumptions
				Element.
(a) Section I: Inventory and
				Analysis.
Page 2.0, add new page as follows:
Data found in this section were originally compiled prior to
				  1981. More current figures will be available no later than 1986 as part of the
				  evaluation and appraisal report process required by Section   163.3191, F.S., to
				  update this element of the Comprehensive Plan. This process will also involve
				  information developed in planning studies prepared by the City of Key West
				  Planning Department and the other revised elements of the Comprehensive Plan
				  approved by the Administration Commission.
(b) Section II: Economic Assumptions.
Page 2.40, under F. Utilities and Services, delete the entire
				  paragraph, and add:
Utilities and services are discussed in the Utilities and
				  Public Services Element of the Comprehensive Plan. Problem areas are noted in
				  the Fiscal Structure and Economic Assumptions, Traffic Circulation, and
				  Utilities and Public Services Elements.
(c) Section III: Implementation Program.
Page 2.47, add under Other Funding Sources the following
				  paragraph (insert as new paragraph after first paragraph):
In order to accommodate demand for public services it is
				  reasonable to require that new and expanding development or redevelopment pay
				  an equitable and proportionate share of the necessary improvements. Such
				  payments should be in the form of land dedications, impact fees or similar
				  requirements to be incorporated in an appropriate ordinance. The City will
				  continue to develop and evaluate various planning studies to determine the
				  capacities of public services and the sources of impacts on those
				  services.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.001 - Purpose

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to establish procedures for
				  withholding, from the wages of employees of the State or any of its political
				  subdivisions, amounts necessary to repay outstanding balances of educational
				  loans in default and to establish a standard method of calculating such
				  withholding amounts.
Rulemaking Authority  112.175(2)  FS. Law Implemented  112.175 FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule:
(1) Agency which holds educational loans. Any
				agency of the State or its political subdivisions which is the obligee or
				assignee of an educational loan.
(2) Default. The failure of a borrower to
				make an installment payment when due, or to meet other terms of an educational
				loan provided that this failure persists for:
(a) 180 days for a loan repayable in monthly
				installments; or
(b) 240 days for a
				loan repayable in less frequent installments.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.003 - Identification of Employees in Default on Educational Loans

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Upon the effective date of this rule chapter, and not less frequently than
				every three months thereafter, the Department of Education will compile a list
				of borrowers who have defaulted on educational loans. The list shall identify
				the agency holding the loan and shall include the borrower's social security
				number. An agency, other than the Department of Education, which holds
				educational loans may submit the names of its defaulted borrowers to the
				Department of Education for inclusion on the list. Such submissions must be
				made by the fifteenth (15th) day of the month preceding the day on which the
				list is scheduled to be compiled and shall include the borrower's social
				security number and the identity of the agency holding the loan. This
				information shall be in tape and hard copy media.
(2) The Department of Education shall submit
				the list of default borrowers compiled pursuant to subsection (1) above to the
				following offices within fifteen (15) days of its creation: Unemployment
				Compensation Division of the Department of Economic Opportunity, Office of the
				Comptroller of the Department of Banking and Finance, and the Division of
				Retirement of the Department of Management Services. The list shall be provided
				in tape and hard copy media and shall include the information specified in
				subsection (1) above.
(3) The
				Departments of Economic Opportunity, Banking and Finance, and Management
				Services shall match their records to the list of default borrowers provided by
				the Department of Education within fifteen (15) days of receipt. Each shall
				provide to the Department of Education a new list of default borrowers which
				contains such additional information from its records as is readily available
				to locate employees in default on educational loans. For matched borrower
				records, such additional information shall include, the identity and address of
				the employer, the address of the employee, and the pay of the employee. For
				unmatched borrower records, such additional information shall include an
				indication that no record of the borrower was found.
(4) From the listings it receives from the
				Department of Economic Opportunity, the Department of Banking and Finance, and
				the Department of Management Services, the Department of Education shall
				provide information to the other agencies holding educational loans. Such
				information shall include the additional information received for the matched
				borrower records submitted by each agency and shall be provided within fifteen
				(15) days of receipt.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90, Amended
					 1-5-93.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.004 - Notice of Default

Current through Reg. 50, No. 138; July 16, 2024
(1) In order to pursue remedies under Section
				  112.175, F.S., an agency which holds educational loans shall serve notice on
				any employee who has defaulted on such a loan held by the agency. The notice
				shall advise the employee of the existing default condition and provide the
				employee with a statement of the outstanding balance due on the loan. A copy of
				the default notice shall also be served on the employing agency. The notice
				shall advise the employee that pursuant to Section   112.175, F.S., involuntary
				wage withholding proceedings will commence within sixty (60) days unless the
				employee successfully negotiates a voluntary wage withholding agreement with
				the agency holding the loan.
(2)
				The default notice shall advise the employee of his right to inspect and copy
				records relating to the debt. It shall also advise the employee of his right to
				request and be provided a hearing if, on or before the fifteenth (15th) day
				following receipt of the default notice, a petition, challenging the existence
				or amount of the debt or the default condition, is filed with the agency
				holding the loan.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.005 - Negotiation of Voluntary Wage Withholding

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				employee shall be given sixty (60) days from service of the default notice to
				enter into a voluntary repayment agreement with the agency holding the loan
				providing for repayment of the loan through payroll deduction. After such time,
				the employee shall be deemed to have consented to the involuntary withholding
				of his pay for the repayment of the loan.
(2) It is within the discretion of the agency
				holding the loan and the employee to determine the amount of pay that will be
				voluntarily withheld to repay outstanding default loans.
(3) In the event the agency holding the loan
				and the employee are able to negotiate a voluntary wage withholding agreement,
				the agency holding the loan shall serve notice of intent to voluntarily
				withholding pay on the employee and his employer. This notice shall include the
				name of the employee, the outstanding balance of the educational loan, the
				amount of pay to be withheld and the name and address of the agency to which
				the withheld pay is to be remitted.
(4) The voluntary withholding of employee pay
				shall commence within forty (40) days after service of the notice of intent to
				voluntarily withhold pay and shall continue until the agency holding the loan
				notifies the employer to cease withholding the employee's pay.
(5) The agency holding the loan shall notify
				the employer to cease withholding the employee's pay at the time the employee's
				educational loan is paid in full.
(6) Notwithstanding any provision in this
				section to the contrary, in the event an employee terminates his employment
				with his employer or the employee's employment is terminated by his employer
				and there remains an outstanding balance on the educational loans in default,
				an amount equal to ten (10) percent of payments, including but not limited to
				sick or annual leave payments, due the employee or an amount equal to the
				outstanding balance of the educational loans, whichever is less, shall be
				withheld for repayment of the educational loans.
(7) The employer shall remit all sums
				withheld pursuant to a voluntary wage withholding agreement to the agency at
				the address provided in the notice of intent to voluntarily withhold
				pay.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90, Amended
					 1-5-93.
Florida Administrative Code › 28 - ADMINISTRATION COMMISSION › 28 - Departmental › Chapter 28-40 - PROCEDURES FOR WITHHOLDING WAGES TO REPAY EDUCATIONAL LOANS IN DEFAULT › Section 28-40.006 - Involuntary Withholding of Employee Pay

Current through Reg. 50, No. 138; July 16, 2024
(1) If after a
				sixty (60) day period from service of the default notice specified in
				subsection   28-40.004(1), Florida Administrative Code (F.A.C.), a negotiated
				repayment schedule is not agreed upon by the employee and the agency holding
				the loan, or if the employee fails to adhere to the terms and conditions of the
				negotiated voluntary repayment agreement, or if the employee does not prevail
				in the hearing requested pursuant to subsection   28-40.004(2), F.A.C., a notice
				of intent to involuntarily withhold pay will be served by the agency holding
				the loan upon the employee and the employer. The notice shall include the name
				of the employee, the outstanding balance of the education loan, the amount of
				pay to be withheld, and the name and address of the agency to which the
				withheld pay is to be remitted.
(2)
				Involuntary withholding of employee pay shall commence within forty (40) days
				after service of the notice of intent to involuntarily withhold pay and shall
				continue until the agency holding the loan notifies the employer to cease
				withholding the employee's pay.
(3)
				The agency holding the loan shall notify the employer to cease withholding the
				employee's pay at the time the employee's educational loan is paid in
				full.
(4) Notwithstanding any
				provision in this section to the contrary, in the event an employee terminates
				his employment with his employer or the employee's employment is terminated by
				his employer and there remains an outstanding balance on the educational loans
				in default, an amount equal to ten (10) percent of payments, including but not
				limited to sick or annual leave payments, due the employee or an amount equal
				to the outstanding balance of the educational loans, whichever is less, shall
				be withheld for repayment of the educational loans.
(5) The employer shall remit all sums
				withheld pursuant to involuntary wage withholding to the agency at the address
				provided in the notice of intent to involuntarily withhold
				pay.
Rulemaking Authority  112.175(2)  FS. Law Implemented
					  112.175(2)  FS.
New 5-27-90.