reglab/statecodes huggingface dataset:
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5H - Division of Marketing and Development › Chapter 5H-26 - SALES AND PURCHASES OF HORSES › Section 5H-26.004 - Bill of Sale

Current through Reg. 50, No. 138; July 16, 2024
Except as provided in subsection
				  5H-26.003(8),
				  F.A.C., the sale or purchase of a horse or any interest therein in Florida must
				  be accompanied by a written bill of sale that must include at a minimum the
				  following:
(1) The name, address, and
				signature of the Purchaser, the Owner, or their duly authorized agents. In a
				transaction solely relating to a stallion season, breeding right, or fractional
				interest in a horse, the syndicate manager or horse manager may serve as an
				acceptable agent in response to this requirement.
(2) The name of the horse, and its sire and
				dam if known.
(3) The breed and
				registry status of the horse, if applicable and if known.
(4) The age of the horse, if known.
(5) The date of the sale.
(6) The purchase price of the
				horse.
(7) The following statement:
				"As the person signing below on behalf of the Owner, I hereby confirm that I am
				the lawful Owner of this horse or the Owner's duly authorized agent, and I am
				authorized to convey legal title to the horse pursuant to this bill of
				sale."
(8) The following statement:
				"As the person signing below on behalf of the Purchaser, I understand that any
				warranties or representations from the Owner or the Owner's agent that I am
				relying upon in acquiring this horse, including warranties or representations
				with respect to the horse's age, medical condition, prior medical treatments,
				and the existence of any liens or encumbrances, should be stated in writing as
				part of this bill of sale."
Rulemaking Authority 535.16 FS. Law Implemented 535.16,
					 570.07(36) FS.
New 7-2-08.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), (28) FS. Law Implemented
					 589.07(28) FS.
New 7-1-71, Formerly 17-5, 5I-2.01, Amended 9-8-93,
					 Repealed 8-16-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.002 - Declaration and Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), (28) FS. Law Implemented
					 589.07(28) FS.
New 7-1-71, Formerly 17-5, 5I-2.02, Amended 9-8-93,
					 Repealed 8-16-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.003 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Agricultural Burning" is the burning of
				vegetative material originating on site in conjunction with the cultivation of
				land, and including: gardening or horticulture, fruit growing, raising of
				vegetables, trees, shrubs, plants, pastures or rangeland.
(2) "Air Curtain Incinerator" is a portable
				or stationary combustion device that directs a plane of high velocity forced
				draft air through a manifold head into a pit with vertical walls in such a
				manner as to maintain a curtain of air over the surface of the pit and a
				recirculating motion of air under the curtain.
(3) "Air Pollution" is the presence in the
				outdoor atmosphere of any one or more substances or contaminants in quantities
				which are potentially harmful or injurious to human health or welfare, animal
				or plant life, or property, or which unreasonably interferes with the enjoyment
				of life or property, including outdoor recreation, unless specifically exempted
				by state statute.
(4) "Air
				Pollution Episode" means a day on which generally unhealthy air (an Air Quality
				Index value of 151 or greater) occurs or is forecast to occur by the Department
				of Environmental Protection (DEP).
(5) "Broadcast Burning" means the burning of
				agricultural or natural vegetation by allowing fire to move across a
				predetermined area of land. The term does not include the burning of vegetative
				debris that is piled or stacked.
(6) "Certified Pile Burner" is an individual
				who successfully completes the certification program of the Florida Forest
				Service as outlined in subparagraphs
				5I-2.006(8)(c)
				1. through 3., F.A.C., and possesses a valid certification number.
(7) "Certified Pile Burning" is a pile burn
				conducted in accordance with a written pile burning plan by a certified pile
				burner.
(8) "Certified Prescribed
				Burn Manager" is an individual who successfully completes the certification
				program of the Florida Forest Service as outlined in subparagraphs
				5I-2.006(2)(e)
				1. through 3., F.A.C., and possesses a valid certification number.
(9) "Certified prescribed burning" means
				prescribed burning in accordance with a written prescription conducted by a
				certified prescribed burn manager.
(10) "Completed" means that for:
1. Broadcast burning, no continued lateral
				movement of fire across the authorized area into entirely unburned fuels within
				the authorized area.
2. Certified
				pile burning or pile burning, no visible flames exist.
3. Certified pile burning or pile burning in
				an area designated as smoke sensitive by the Florida Forest Service, no visible
				flames, smoke, or emissions exist.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.004 - Open Burning Not Allowed

Current through Reg. 50, No. 138; July 16, 2024
(1) Listed below are
				the types of open burning not allowed in Florida:
(a) Any open burning disallowed by rule
				chapters 5I-2 and 62-256, F.A.C., or chapters 403 and 590, F.S.
(b) Open burning of biological waste,
				hazardous waste, asbestos containing materials, mercury-containing devices,
				pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt,
				roofing material, tar, treated wood, plastics, garbage, or trash other than
				yard trash as provided in subsection
				62-256.700(1),
				F.A.C., except that structures may be burned for the training of fire fighters
				in accordance with subsection
				62-256.700(4),
				F.A.C.; waste pesticide containers may be burned in accordance with subsection
				62-256.700(5),
				F.A.C.; polyethylene agricultural plastic and untreated wood pallets used in
				agriculture may be burned in accordance with subsection
				62-256.700(7),
				F.A.C.; and animal carcasses may be burned in accordance with subsection
				62-256.700(6),
				F.A.C.
(c) Open burning that
				reduces visibility at a public airport, unless the airport in question has been
				contacted and has agreed to control air traffic during burning activities to
				avoid any possible smoke related problems.
(d) Open burning when an air pollution
				episode exists or is forecast to occur.
(e) Open burning during a National Weather
				Service Air Stagnation Advisory.
(f) Open burning which reduces visibility on
				paved public roadways to less than one thousand (1, 000) feet unless the
				regulating authorities have agreed to control traffic, or have delegated the
				authority to control traffic.
(g)
				Burning in smoke sensitive areas between one hour before sunset and 9:00 a.m.
				the next day.
(h) All open burning
				when the Florida Forest Service determines that the fire poses a threat to
				public health, safety, and property protection.
(i) Open burning when the Florida Forest
				Service determines that atmospheric or meteorological conditions indicate
				improper dispersion of smoke that threatens public health, safety, or general
				welfare; or which would obscure visibility of vehicular or air traffic; or
				violates the condition of the authorization, or burning
				prescription.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.005 - Limitations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority Section 8, Chapter 72-22, Laws of
					 Florida (1975), 403.061 FS. Law Implemented Section 8, Chapter 72-22, Laws of
					 Florida (1975), 403.021,
					 403.031,
					 403.061
					 FS.
New 7-1-71, Formerly 17-5, 5I-2.05, Amended 9-8-83,
					 Repealed 9-8-93.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.0061 - Prescribed Burning; Burn Manager Certification (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), (28), 590.026(4) FS. Law
					 Implemented 589.07(28), 570.548, 590.02(1)(b), 590.026, 590.12
					 FS.
New 1-9-91, Amended 9-8-93, Repealed
					 8-16-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.007 - Rural Land Clearing (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), (28) FS. Law Implemented
					 589.07(28), 570.548, 590.02(1)(b), 590.12
					 FS.
New 7-1-71, Formerly 17-5, 5I-2.07, Amended 9-8-93,
					 Repealed 8-16-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-2 - OPEN BURNING › Section 5I-2.008 - Penalties (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), (28), 590.026(4) FS. Law
					 Implemented 589.07(28), 570.548, 590.02(1)(b), 590.026, 590.12
					 FS.
New 9-8-93, Repealed
					 8-16-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.001 - General (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 589.011(4), 589.12 FS. Law Implemented
					 589.011(4) FS.
New 5-24-92, Repealed
					 11-6-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.004 - User Fees (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 589.011(4) FS. Law Implemented
					 589.011(3) FS.
New 5-24-92, Amended 1-19-95, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.005 - Protection of Managed Lands

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				shall:
(a) Enter or exit any managed lands
				except through designated entrance/exit points.
(b) Enter any managed lands for the purpose
				of using the resources or facilities therein without paying the appropriate
				fee, where applicable.
(c)
				Willfully mark, deface, damage, displace, remove, gain access from, or tamper
				with any buildings, facilities, bridges, tables, benches, fireplaces, railings,
				fences, paving or paving materials, water lines or other utilities, permanent
				or temporary signs, placards or notices, monuments, stakes, posts, boundary
				markers, equipment, other structures or property located on managed
				lands.
(d) Climb on or over any
				buildings, fences, facilities, structures, or historic ruins.
(e) Ignite or attempt to ignite any fire on
				managed lands except in designated areas. These areas include camping
				facilities, hunt camps and day use areas. No person shall leave a camping
				facility, hunt camp or day use area without completely extinguishing any fire
				started by said person.
(f) Dispose
				of burning matches, smoking materials or other inflammable items on managed
				lands except in designated receptacles.
(g) Destroy, injure, deface, mar, move, dig,
				harmfully disturb or remove any soil, sand, gravel, rocks, stones, minerals,
				trees, plants, artifacts or other materials from any managed lands.
(h) Hang any operating gas lantern within one
				foot of the main stem or bole of any tree on managed lands.
(i) Introduce into managed lands any plant or
				animal species.
(j) Possess or
				consume alcoholic beverages on managed lands where posted as prohibited by the
				Service.
(k) Use metal detectors on
				managed lands.
(l) Engage in
				disorderly conduct, as defined in Section
				877.03, F.S., on managed
				lands.
(m) Leave any item,
				including but not limited to tents, trailers, vehicles, motorcycles, or other
				items, in a campsite unattended before or after the registered camping dates on
				a Florida Forest Service Registration/Receipt, self-service pay envelope, or
				state forest authorization received from the Florida Forest Service field. Any
				lost or abandoned property on managed lands will be secured for up to 48 hours,
				and after a reasonable attempt is made to identify the rightful owner, items
				will be disposed of in accordance with Chapter 705, F.S.
(n) Leave any item within state forest
				boundary, including but not limited to, licensed vehicles or trailers, any
				structure of any nature, or any unattended items. Items shall be removed by the
				person(s) who placed anything within the state forest boundaries. Any lost or
				abandoned property on managed lands will be secured for up to 48 hours, and
				after a reasonable attempt is made to identify the rightful owner, items will
				be disposed of in accordance with Chapter 705, F.S.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.006 - Recreational Activities and Facilities

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Swimming and Sunbathing:
(a) All persons shall
				comply with hours posted by the Service during which use of swimming areas is
				prohibited.
(b) Swimming areas will
				be closed to the public, and the use thereof prohibited, at any time the
				Service determines that such activities are dangerous or otherwise
				inadvisable.
(c) The washing of
				persons or objects, with or without soaps or other cleansers, is prohibited in
				any waters within managed lands.
(d) Pets are prohibited in swimming areas,
				unless authorized by the Service.
(e) Swimming will be prohibited in any water
				body, or portion thereof, on managed lands at any time the Service determines
				there is a threat to the life, limb, or property of any human being or damage
				to any natural or cultural resource.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.007 - Garbage, Water Pollution and Glass Containers

Current through Reg. 50, No. 138; July 16, 2024
(1) No person shall transport garbage or
				trash in any form onto managed lands.
(2) No person shall dump or deposit garbage
				or trash on managed lands.
(3) No
				person shall dispose of garbage or trash in state dumping facilities or
				containers on managed lands other than that generated from recreational
				activities on managed lands. If such dumping facilities or containers are not
				available, persons responsible for the generation of garbage or trash shall
				remove it from managed lands.
(4)
				No person shall throw, discharge or otherwise place or cause to be placed in
				any water body on managed lands any substance, matter or thing, liquid or
				solid, which will or may pollute the waters.
(5) Glass containers are prohibited in and
				around all waterways within the boundaries of managed lands and on any other
				area specified by the Service.
Rulemaking Authority 589.011(4), 589.12 FS. Law Implemented
					 589.011(1), (4) FS.
New 5-24-92, Amended 1-19-95, 11-6-95, 5-31-04,
					 5-16-12.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.008 - Vendors; Authorizations; Fees

Current through Reg. 50, No. 138; July 16, 2024
Any commercial enterprise desiring to provide animals or
				  equipment such as horses, canoes, or bicycles to any person for use on managed
				  lands shall pay any applicable fees in accordance with subsection
				  5I-4.002(32),
				  F.A.C., to the Service. The commercial enterprise shall post or provide all
				  customers with copies of general information governing use of the
				  forest.
Rulemaking Authority 589.011(4) FS. Law Implemented 589.04,
					 589.011 FS.
New 5-24-92, Amended 11-6-95, 5-31-04, 5-16-12, 9-30-15,
					 8-28-16.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.009 - Public Nuisance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 589.011(4) FS. Law Implemented
					 589.011(4) FS.
New 5-24-92, Repealed
					 5-15-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.010 - Signs (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 589.011(4) FS. Law Implemented
					 589.011(4), 589.071 FS.
New 5-24-92, Repealed
					 11-6-95.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-4 - FORESTRY › Section 5I-4.011 - Penalties for Violations

Current through Reg. 50, No. 138; July 16, 2024
Section
				  589.011, F.S., provides that the
				  Florida Forest Service on behalf of the state may adopt and enforce rules
				  necessary for the protection, utilization, occupancy, and development of state
				  forest lands or any lands leased by or otherwise assigned to the Service for
				  management purposes. Any person violating or otherwise failing to comply with
				  any of the provisions of Sections
				  589.011,
				  589.071 or
				  590.14, F.S., or rules adopted
				  pursuant to Section 589.011, F.S., is guilty of a
				  non-criminal violation as defined in Section
				  775.08(3),
				  F.S., punishable only by fine not to exceed $1, 000.00.
Rulemaking Authority 589.011(4), 589.071 FS. Law
					 Implemented 589.011, 589.071, 590.14
					 FS.
New 5-24-92, Amended 1-19-95, 5-31-04, 5-16-12,
					 9-30-15.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Repealed
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.002 - Purpose and Definitions

Current through Reg. 50, No. 138; July 16, 2024
The purpose of this chapter is to administer the Florida
				  Forest Service Tree Enhancement Programs. The following words have the meaning
				  indicated:
(1) "Applicant" means a
				Local Government, Not for Profit Organization, or Private Landowner applying
				for cost-share assistance for tree planting.
(2) "District/Center" means the
				administrative field unit of the Florida Forest Service.
(3) "District/Center Manager" means the chief
				administrative employee of the District as defined in subsection (2),
				above.
(4) "Fiscal Year" means the
				period of time extending from July 1 to June 30.
(5) "Tree Enhancement Programs" means the
				tree planting programs authorized by Section
				589.277, F.S., and includes
				programs related to maintaining native plant species including those providing
				for prescribed burning, treating non-native invasive plant species, site
				preparation, timber stand improvement, and other related practices.
(6) "Local Government" means any county or
				incorporated municipality within this state.
(7) "Not for Profit Organization" means an
				organization which has an active record with the Florida Secretary of State for
				not for profit corporation status pursuant to Chapter 617, F.S.
(8) "Private Landowner" means private
				individual, group, Indian tribe or other native group, association,
				corporation, or other non-governmental legal entities owning or controlling a
				contiguous parcel of at least one acre of land and no more than twenty-five
				thousand acres of land in any one county of the State, unless the acreage
				threshold within this range is otherwise specified by the Florida Forest
				Service under which financial resources are allocated.
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277, 589.30 FS.
New 3-8-93, Amended 4-17-95,
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.003 - Allocation of Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) A notice of
				funding availability shall be published on the Florida Forest Service website,
				and will include a list of information that must be submitted by an applicant
				and how the applications are to be submitted.
(2) The Florida Forest Service shall
				determine the amount of funds to be distributed through awards, the financial
				range of awards, and the distribution of funds into the urban, rural, or tree
				ehancement progam categories, based upon the availablity of federal, state, or
				donated funds.
(3) During any
				fiscal year, the Florida Forest Service may designate the use of up to ten
				percent (10%) of the program funds for adminstration and management.
(4) Contributors of donated funds to the
				Florida Forest Service trust fund may designate the county or counties where
				their donated funds will be used and for which tree enhancement
				program.
(5) All trees and/or
				seedlings planted must be of a species native to the State of
				Florida.
(6) For questions about
				Tree Enhancement Programs contact: Forest Management Bureau, Florida Forest
				Service, 3125 Conner Boulevard, M.S. C25, Tallahassee, Florida 32399-1650,
				phone (850)681-5880.
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 4-3-94, 4-17-95,
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.004 - Grant Application Process (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 4-17-95, Repealed
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.005 - Reviewing and Processing of Grants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 4-17-95, Repealed
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.006 - Maintenance Responsibility

Current through Reg. 50, No. 138; July 16, 2024
After funding is provided by the Florida Forest Sevice for a
				  Tree Enhancement Projects, the long-term costs for the care and maintenance of
				  trees or seedlings are the responsibility of the applicant.
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 4-17-95,
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.007 - Prioritization

Current through Reg. 50, No. 138; July 16, 2024
(1) Potential projects submitted for Tree
				Enhancement Programs, shall be evaluated based upon the following criteria:
(a) Suitability of the species for the
				site.
(b) Use of appropriate native
				trees.
(c) Irrigation requirements
				for urban plantings.
(d) Number of
				acres to be planted, number and size of trees to be planted.
(e) The acres to be treated under any Tree
				Enhancement Programs.
(f) Evidence
				of local government support for urban plantings.
(g) Cost effectiveness.
(h) Demonstration of an amount of applicant
				match as a source of funding.
(i)
				Comply with Best Management Practices for Silviculture (2008), adopted and
				incorporated by reference in Rule
				5I-6.002, F.A.C., for rural Tree
				Enhancement Programs.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.008 - Award of Grants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 8-19-93, 4-17-95, Repealed
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.009 - Execution of Agreements and Documents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277 FS.
New 3-8-93, Amended 4-17-95, Repealed
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-5 - TREE ENHANCEMENT PROGRAMS › Section 5I-5.010 - Review of Projects

Current through Reg. 50, No. 138; July 16, 2024
The District/Center Managers, or their representative, shall
				  verify that the applicants adhere to all tree planting or tree enhancement
				  program activities, and:
(1) Prior to
				final project acceptance, a sixty-day grow-in period is required on all planted
				trees and seedings.
(2) The
				District/Center Managers, or their representative, shall review and approve
				tree enhancement projects based upon the criteria within Rule
				5I-5.007, F.A.C., prior to final
				acceptance, and shall notify the Forest Management Bureau of their final
				acceptance.
(3) The District/Center
				Managers, or their representative, shall ensure that Best Management Practices
				for Silviculture (2008), adopted and incorporated by reference in Rule
				5I-6.002, F.A.C., were followed
				for rural Tree Enhancement Programs.
Rulemaking Authority 570.07(23), 589.277(3) FS. Law
					 Implemented 589.277, 589.30 FS.
New 3-8-93, Amended 4-17-95,
					 8-23-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law
					 Implemented 403.067(7)(c)2., 589.04(1)(a)
					 FS.
New 2-11-04, Repromulgated 3-17-10, Repealed
					 12-6-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.002 - Approved Best Management Practices BMPs

Current through Reg. 50, No. 138; July 16, 2024
The document titled Best Management Practices for
				  Silviculture (DACS-P-01284, 2008) is hereby incorporated and adopted by
				  reference in this rule. Copies of the document may be obtained from the
				  Department of Agriculture and Consumer Services, Florida Forest Service, 3125
				  Conner Boulevard, Tallahassee, Florida 32399-1650, (850)681-5943 or Fax
				  (850)681-5801 or online at
https://www.flrules.org/Gateway/reference.asp?No=Ref-08682
.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law
					 Implemented 403.067(7)(c)2., 589.04(1)(a)
					 FS.
New 2-11-04, Amended 3-17-10,
					 12-6-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.003 - Presumption of Compliance

Current through Reg. 50, No. 138; July 16, 2024
In order to obtain the presumption of compliance with state
				  water quality standards and release from the provisions of section
				  376.307(5),
				  F.S., for those pollutants addressed by the practices the applicant
				  must:
(1) Conduct an assessment of the
				subject properties using the document titled Best Management Practices for
				Silviculture (DACS-P-01284, Revised 2008), adopted in Rule
				5I-6.002, F.A.C.
(2) Submit a Notice of Intent to Implement as
				described in Rule 5I-6.004, F.A.C.
(3) Implement the BMPs identified as a result
				of the assessment of the subject properties and listed in the Notice of Intent
				to Implement.
(4) Maintain
				documentation to verify the implementation and maintenance of the Silviculture
				BMPs as outlined in Rule
				5I-6.005,
				F.A.C.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law
					 Implemented 403.067(7)(c)2., 589.04(1)(a)
					 FS.
New 2-11-04, Amended 3-17-10, 8-5-10,
					 12-6-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.004 - Notice of Intent to Implement

Current through Reg. 50, No. 138; July 16, 2024
(1) A Notice
				of Intent to Implement shall be submitted to the Department of Agriculture and
				Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Tallahassee,
				Florida 32399-1650, (850)681-5943 or FAX (850)681-5801. Such notice shall
				identify BMPs the applicant will implement. This notice is a one-time
				notification and is not required for each and every individual silviculture
				activity undertaken by the applicant.
(2) Once filed with FDACS, the Notice of
				Intent to Implement shall enable the applicant to apply for assistance with
				implementation as identified in Section
				403.067(7)(c),
				F.S.
(3) Notice of Intent to
				Implement Best Management Practices for Silviculture, (FDACS 11305, Revised
				06/17), is hereby adopted and incorporated by reference and can be obtained
				online at
http://www.flrules.org/Gateway/reference.asp?No=Ref-08683
.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law
					 Implemented 403.067(7)(c)2., 589.04(1)(a)
					 FS.
New 2-11-04, Amended 3-17-10, 8-5-10,
					 12-6-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.005 - Record Keeping

Current through Reg. 50, No. 138; July 16, 2024
Where silviculture BMP implementation is not physically
				  observable in the field, participants must preserve sufficient documentation to
				  confirm implementation of the BMPs identified in the Notice of Intent to
				  Implement. All field activities and documentation related to BMP implementation
				  are subject to FDACS, Florida Forest Service inspection. Section
				  403.067(7)(c)5., F.S., provides that agricultural records, defined therein, are
				  confidential and exempt from public records disclosure.
Rulemaking Authority 403.067(7)(c)2., 570.07(23) FS. Law
					 Implemented 403.067(7)(c)2., 589.04(1)(a)
					 FS.
New 2-11-04, Repromulgated 3-17-10, Amended
					 12-6-17.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-6 - BEST MANAGEMENT PRACTICES FOR SILVICULTURE › Section 5I-6.006 - Implementation Verification

Current through Reg. 50, No. 138; July 16, 2024
(1) Definitions.
				Unless defined below, words, phrases, or terms contained herein shall have the
				definitions set forth in Rule
				5M-1.001, F.A.C. References to
				"Producer" used in Rule
				5M-1.001, F.A.C., shall mean
				"Practitioner" as defined in this rule section. As used in this rule the
				following words, phrases, or terms shall mean:
(a) "Notice of Intent to Implement" means the
				form provided by the Department titled, "Notice of Intent to Implement Best
				Management Practices for Silviculture, " (FDACS 11305, Revised 06/17), adopted
				in Rule 5I-6.004, F.A.C., to be
				submitted by a Practitioner to enroll in the Department's Best Management
				Practices (BMPs) for Silviculture.
(b) "Practitioner" means any person or legal
				entity engaged in silviculture operations, whereby the trees constituting
				forests are tended, harvested, and reproduced.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.001 - Program Goals and Objectives

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to
				Section 570.70, F.S., the Rural and
				Family Lands Protection Program's goals and objectives are to bring under
				public protection lands that serve to limit subdivision and conversion of
				agricultural and natural areas that provide economic, open space, water, and
				wildlife benefits by acquiring interests in land such as perpetual,
				less-than-fee acquisitions, agricultural protection agreements, and resource
				conservation agreements and innovative planning and development strategies in
				rural areas.
(2) Acquisitions
				described in this rule are for voluntary, negotiated acquisitions and
				conveyances under agreements for purchase of perpetual less-than-fee simple
				interests.
Rulemaking Authority 570.07(23),
					 570.71 (10), 259.105(3)(i) FS.
					 Law Implemented 570.71,
					 570.715,
					 259.105(3)(i)
					 FS.
New 11-3-08, Amended
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.003 - Project Eligibility

Current through Reg. 50, No. 138; July 16, 2024
In order to be eligible for acquisition pursuant to this
				  chapter, a Project must be consistent with the Program Goals and Objectives as
				  stated in Rule 5I-7.001, F.A.C., and meet at
				  least one of the following public purposes consistent with Section
				  570.71(1),
				  F.S.:
(1) Promotion and improvement of
				wildlife habitat;
(2) Protection
				and enhancement of water bodies, Aquifer Recharge Areas, wetlands, and
				watersheds;
(3) Perpetuation of
				open space on lands with Significant Natural Areas; or
(4) Protection of Agricultural Lands
				threatened by conversion to other uses.
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i)
					 FS. Law Implemented 570.70,
					 570.71,
					 259.105(3)(i)
					 FS.
New 11-3-08, Amended
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.005 - Technical Review and Evaluation of Project Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) Once complete and timely submitted, the
				application shall receive an independent review by members of a Technical
				Review Team appointed by the Commissioner and coordinated by the Division, who
				will evaluate each Project as it relates to their area of expertise or program
				disciplines.
(2) The Technical
				Review Team will be authorized to perform a site visit to each new Project by
				selected team member(s) for the purposes of inspecting, observing, and
				evaluating property characteristics, and the degree of quality of both the
				agricultural operations and the suitability for long-term agricultural use. The
				site visit will provide for an exchange of information between the landowner,
				property manager, and technical review team members.
(3) The Project evaluation process will also
				include a desk review by the Technical Review Team to analyze available data,
				maps, and information related to the property, its natural features and Species
				Habitat, hydrology, agricultural operation, and potential for conversion to
				non-agricultural use.
(4) The
				Technical Review Team members will prepare a report of their findings to the
				Division for each Project. The report will include an evaluation of Project
				eligibility (in Rule 5I-7.003, F.A.C.) and the degree
				to which the Project meets the Program goals and objectives (in Rule
				5I-7.001,
				F.A.C.).
Rulemaking Authority 570.07(23),
					 570.71 (10),
					 259.105(3)(i)
					 FS. Law Implemented 570.71, 259.105(3)(i)
					 FS.
New 11-3-08, Amended
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.006 - Program Review and Evaluation of Project Applications

Current through Reg. 50, No. 138; July 16, 2024
(1) Division staff shall prepare a Project
				Evaluation Report for each Project after receipt of the findings of the
				Technical Review Team.
(2) The
				Project Evaluation Report shall include:
(a) A
				compilation of all Technical Review Team reports, a summary of the information
				in the application, and any additional information relied upon by the team
				members. If applicable, this shall include a determination that the Project
				does not meet the eligibility requirements for the RFLPP, or a recommendation
				that a Project, or portion thereof, might be more suitably acquired by a
				separate land acquisition program such as pursuant to Section
				259.105(3)(b),
				F.S., and the goals and objectives of that program. When such a recommendation
				is made, the landowner shall be contacted and provided the reason why the
				Project is ineligible, or that another program may be appropriate. If requested
				by the landowner after the landowner applies to another program, the Department
				shall coordinate with the other program(s) by transferring all data and
				technical reviews that are available.
(b) Confirmation of the Project boundary as
				contained in the application and any recommended boundary
				adjustments.
(c) A recommended
				monitoring entity for the Project and a brief rationale for the recommendation,
				if said entity is different from the Department.
(d) Known or potential opportunities for cost
				sharing partnerships with complementary local, state and federal programs. A
				potential cost sharing opportunity or program shall be considered complementary
				if:
1. The goals, objectives and eligibility
				criteria of the partnering programs are compatible;
2. The property owner is willing to comply
				with the requirements of all entities or programs engaged in the partnership;
				and
3. Funding is or will be
				available from participating programs to cost-share the proposed Perpetual
				Easement.
(e) Whether the
				property is one or more of the following:
1.
				Within an agricultural area as determined by a local government comprehensive
				plan pursuant to Section
				163.3177(6)(a),
				F.S.;
2. Within a rural land
				stewardship area pursuant to Section
				163.3248, F.S.; or
3. Classified as agricultural pursuant to
				Section 193.461, F.S.; or is part of an
				Agricultural Cooperative.
(f) Other relevant information based on a
				review of all evaluations and comments received, including those from local
				government and the general public.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.007 - Ranking, Review and Approval of Project Acquisition List

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commissioner will designate a Rural
				and Family Lands Selection Committee of no fewer than five (5) members drawn
				from divisions and offices within the Department with expertise in various
				agricultural activities.
(2) Rural
				and Family Lands Selection Committee members shall independently evaluate
				Projects based on consideration of the Project Evaluation Report detailed in
				Rule 5I-7.006, F.A.C., giving
				preference to ranch and timberlands managed using practices that provide
				multiple use and sustained yield of the renewable surface resources with the
				goal of sustaining the economic and ecological integrity of the property while
				allowing the agricultural business to operate and prosper, in accordance with
				Section 570.71(10),
				F.S., or other priorities established in the Notice of Application Review
				Cycle.
(3) The Rural and Family
				Lands Selection Committee shall consider the list of Projects at public
				meeting(s) conducted pursuant to Section
				120.525, F.S. The purpose of the
				meeting(s) shall be to receive public comment, consider the eligibility of new
				applications and Projects on the existing Project acquisition list, and after
				the final meeting by majority vote approve a list of Projects in priority order
				that qualify for acquisition under the Program. The Department will establish
				the time limit for public comment in advance of the public
				meeting(s).
(4) Upon approval of
				the Project acquisition list by the Rural and Family Lands Selection Committee,
				the Department shall present Projects on the Project acquisition list to the
				Council for review at a regularly scheduled public meeting, as provided in
				Section 259.105(14),
				F.S.
(5) The Department shall
				present the Project acquisition list to the Board for approval, along with
				supporting information outlined in subsection (6) below. The Board is
				authorized to remove Projects from the list, but may not add Projects or change
				Project rankings, as provided in Section
				259.105(14),
				F.S.
(6) The Department shall
				submit to the Board, with its Project acquisition list, a report that includes,
				but is not limited to, the following information for each Project listed:
(a) A summary of the Project evaluation,
				including the type of agricultural activities currently on the property, the
				natural resource benefits of the project, and the current threat of conversion
				to non-agricultural uses; and
(b) A
				map delineating Project boundaries, and, where applicable, proximity to other
				protected lands.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.008 - Title and Survey

Current through Reg. 50, No. 138; July 16, 2024
(1) Initial Title
				Report. A title report shall be obtained from a licensed title company or title
				attorney authorized to do business in the State of Florida. The title report
				shall include an adequate legal description of the property to be acquired
				sufficient to inform the Department and the appraisers of the status of
				ownership, encumbrances, exceptions, reservations, previous ownership history,
				and tax assessment history.
(2)
				Evidence of Marketability. A title commitment shall be obtained by the
				Department, from a licensed title company or title attorney authorized to do
				business in the State of Florida, prior to the conveyance of title. The content
				of such evidence of marketable title shall demonstrate that title is marketable
				and compatible with the purposes of the acquisition.
(3) Condition of Title. The objective of
				negotiations for acquisition of property interests is to obtain all the
				landowner's rights, title and interest in the property as are necessary for the
				planned easement. All exceptions, reservations, encroachments or other adverse
				conditions that are disclosed in the course of preparing to negotiate,
				negotiating, contracting or closing shall be individually examined and
				evaluated as to possible adverse effect on the objectives in acquiring the
				property interest. Such matters will be disclosed to the Board at the time the
				Project is submitted on the Department's agenda for consideration by the
				Board.
(4) Prior to closing, a
				certified survey must be obtained, unless the requirement is waived by the
				Department if it determines that the available information is adequate to
				establish the boundaries of the property. The Department shall use surveyors
				licensed by the State of Florida. Any certified survey shall be reviewed to
				ensure that it complies with the standards of practice for surveys set forth in
				rule Chapter 5J-17, F.A.C.
Rulemaking Authority 570.07(23),
					 570.71 (10), 259.105(3)(i) FS.
					 Law Implemented 570.71,
					 570.715,
					 259.105(3)(i)
					 FS.
New 11-3-08, Amended
					 6-12-23.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.010 - Negotiations and Purchase Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Initial contact with the landowner by the Department may be established prior
				to negotiations, provided such contact is limited to the following:
(a) To request the owner's permission for the
				Department to inspect the property in order to determine its suitability for
				the purposes of the Program;
(b) To
				confirm the owner's interest in conveying a Perpetual Easement to the State and
				establish the terms of the proposed easement for appraisal purposes;
(c) To recommend that the owner confer with
				his or her tax advisor about the possibility of any tax advantages. Appraisals
				performed by the Department for acquisition purposes are not intended for use
				by the seller to qualify for tax advantages, and do not meet the federal
				requirements for such appraisals;
(d) To discuss the timing of possible future
				acquisitions, and the competition for funds under the Program;
(e) To discuss the matter of representation
				of the owner by an agent in any future negotiations, and the necessary
				confirmation by the owner of the agent's status;
(f) To advise of disclosure
				requirements;
(g) To discuss other
				information pertinent to the acquisition process in general; and
(h) To provide the owner a copy of this
				rule.
Florida Administrative Code › 5 - DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES › 5I - Florida Forest Service › Chapter 5I-7 - RURAL AND FAMILY LANDS PROTECTION PROGRAM › Section 5I-7.011 - Board Action

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department
				shall furnish the following at the time a purchase is considered by the Board:
(a) The purchase instrument.
(b) A copy of the owner's disclosure form
				under Section 286.23, F.S.
(c) Evidence of the marketability of the
				title. The Department may defer submittal and approval of the title commitment
				until after Board approval of the purchase instrument. In such case the
				Department will provide a copy of the owner's deed to the property.
(d) Summary of the appraisal
				review.
(e) A written statement by
				the Department outlining the public interest for which the acquisition is being
				made, citing statutory authority, and stating that the property proposed for
				purchase is within a Project on the Department's Project acquisition
				list.
(f) A written statement
				signed by the owner confirming the owner's relationship with his
				agent.
(g) A written confirmation
				by the Department of the source and availability of funding for the
				acquisition.
(h) A copy of the
				current certified survey or appraisal map.
(i) A statement identifying any expenditure
				made in the categories set forth in paragraph (2)(a), (b) or (c) of Rule
				5I-7.012, F.A.C.
(j) A statement providing a good faith
				estimate of any additional expenditure in the categories set forth in paragraph
				(2)(a), (b) or (c) of Rule
				5I-7.012,
				F.A.C.