reglab/statecodes huggingface dataset:
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-21 - VESSEL CORRIDORS › Section 68E-21.001 - Establishment of Vessel Corridors for the Transit of Prohibited Nets Across Florida Waters During the License Reinstatement Period

Current through Reg. 50, No. 138; July 16, 2024
(1) Purpose and Scope. This rule implements
				Art. X, §16 and Art. IV, §9, Florida Constitution by establishing
				vessel corridors within which persons, firms or corporations subject to
				saltwater license privilege suspensions resulting from a violation of Art. X,
				§16, Florida Constitution, must confine their operation when carrying
				prohibited nets for a 12-month reinstatement period following reinstatement of
				suspended saltwater license privileges.
(2) Definitions. The following definitions
				apply for the purposes of this rule:
(a)
				"Commission" means the Fish and Wildlife Conservation Commission.
(b) "Prohibited nets" refers to all forms of
				gear, the use of which is prohibited, restricted, or otherwise limited by the
				provisions of article X, section 16, of the Florida Constitution or any Rules
				of the Commission implementing the prohibitions or restrictions
				therein.
(c) "Reinstatement period"
				means a period of twelve months following reinstatement of saltwater license
				privileges suspended in accordance with the provisions of Sections
				379.361 and
				379.362, F.S., during which time
				the resumed fishing activities remain subject to probationary conditions
				imposed by statute or rule. The date the reinstatement period begins is the day
				upon which saltwater license privileges are restored following suspension and
				the period shall continue for 365 calendar days from the date of
				reinstatement.
(d) "Reinstatement"
				means the restoration of saltwater license privileges heretofore suspended for
				a fixed period of time pursuant to Sections
				379.361 and
				379.362, F.S. Reinstatement
				shall occur upon the first calendar day immediately following the last calendar
				day of the period of saltwater license privilege suspension specified by
				statute.
(e) "Vessel corridor" or
				"corridor" means designated paths in, through or across a water body or
				portions thereof identified by this rule as permissible for the carriage of
				prohibited nets during the reinstatement period. Where a marked channel is
				listed as the corridor, the corridor lies within the marked boundaries of the
				channel. Where a direct line on a specified heading is listed as the corridor,
				the corridor lies within 100 yards either side of the line for a total width of
				200 yards. The vessel corridor descriptions and headings are given for outbound
				vessels; vessels returning from sea will follow a reciprocal heading.
(f) "Miles" means nautical
				miles.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.001 - Seafood Quality Control - Adoption and Enforcement of Sanitary Code

Current through Reg. 50, No. 138; July 16, 2024
(1) It is the intent of the Commission
				pursuant to statutory authority, to establish regulations and specifications,
				to be known as the Seafood Quality Control Code, of sanitary practices relating
				to the catching, handling, packaging, preserving and storing of salt water
				products for sale for consumption as human food.
(2) The Commission recognizes that the
				seafood industry is a rapidly developing industry and as such is subject to
				change as technological data becomes available; accordingly, it is the desire
				of the Commission that the code be revised as necessary such that the code,
				technological data and industrial practices shall be consonant with good health
				practices.
(3) The enforcement of
				the provisions of this code by the Commission or its agents shall be
				coordinated with and be in conjunction with any and all other state and federal
				agencies exercising jurisdiction over the sanitary practices of the seafood
				industry.
Rulemaking Authority
					 379.407(1) FS.
					 Law Implemented 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.01, 16N-27.01, 16N-27.001,
					 62N-27.001.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Product" - Any animal, plant or other
				material or part of an animal, plant or portion of other material any part of
				which was originally taken from the sea.
(2) "Primary producer" - A person, firm or
				corporation that uses a vessel to harvest products and who may only physically
				alter the product by eviscerating or deheading.
(3) "Secondary producer" - Is only that
				person, firm or corporation that receives products in his or its licensed
				secondary production plant from a primary producer. Producer is deemed to
				change from a primary to a secondary producer at such time as possession on the
				part of the secondary producer takes place.
Physical alteration of products by a secondary producer may
				  be in the following manner only: deheading, skinning, scaling, eviscerating or
				  removing cephalothorax.
(4)
				"Primary and secondary production plant" - Means any vessel used by a "primary
				producer" or building, used by a "secondary producer" in the production or
				storage of products.
(5)
				"Processor" - A person, firm or corporation that makes any of the following
				changes in any products originally derived from a primary or secondary
				producer.
(a) Chills products to such a
				temperature that the tissue and contained water of the products is solidified
				or frozen, except when such is done by a primary or secondary producer. This
				solidification will be deemed to have taken place whenever the temperature of
				the organism or part thereof has been reduced to less than 32º F. (0º
				C.).
(b) Adds internally or
				externally any chemical element, compound or compounds, including water to a
				product.
(c) Physically alters the
				product in any of the following ways: Dismembers, partitions, divides, grinds,
				slices, lacerates, presses, extends, debones (wholly or partially), segments,
				removes crusts, shells, coverings, hulls, chops, macerates, crushes, removes
				skeletal material, either external or internal. (The simple deheading,
				skinning, scaling, eviscerating or removing of cephalothorax of product shall
				not be deemed physical alteration unless packaged.)
(d) Packages in any container capable of use
				as human food.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.011 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
The enforcement of the provisions of this subsection of this
				  rule shall be administered by the Commission or its agents and may be
				  coordinated with and may be in conjunction with any and all other state and
				  federal agencies exercising jurisdiction over the sanitary practices of the
				  seafood industry covered herein.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.11, 16N-27.11, 16N-27.011,
					 62N-27.011.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.012 - Supplies and Protection

Current through Reg. 50, No. 138; July 16, 2024
(1) Seafood
				received shall be clean, wholesome, free from spoilage and safe for human
				consumption.
(2) Seafood while
				being handled in a primary or secondary production plant shall be protected
				from dust, flies, rodents and other vermin, toxic materials, unclean equipment
				and utensils, unnecessary handling, flooding by sewage, overhead leakage and
				all other sources of contamination.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.12, 16N-27.12, 16N-27.012,
					 62N-27.012.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.013 - Personnel, Health and Disease Control

Current through Reg. 50, No. 138; July 16, 2024
No person while affected with any disease in a communicable
				  form or while a carrier of such disease or while afflicted with boils, infected
				  wounds, sores, or an acute respiratory infection shall work in any primary or
				  secondary production plant in any capacity in which there is likelihood of such
				  person contaminating seafood or seafood contact surfaces with pathogenic
				  organisms, or transmitting disease to other individuals; and no person known or
				  suspected of being affected with any such disease or condition shall be
				  employed in such an area or capacity. If the primary or secondary producer has
				  reason to suspect that an employee has contracted any disease in a communicable
				  form or has become a carrier of such disease, he shall notify the Commission
				  immediately.
Rulemaking Authority
					 379.407(1) FS.
					 Law Implemented 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.13, 16N-27.13, 16N-27.013,
					 62N-27.013.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.014 - Equipment and Utensils

Current through Reg. 50, No. 138; July 16, 2024
(1) Equipment
				and facilities provided - Every primary or secondary production plant shall be
				provided with equipment and utensils so designed, constructed, located,
				installed, maintained and operated as to permit full compliance with the
				provisions of this subsection. The following equipment and facilities shall be
				provided where applicable to the operations conducted:
(a) Conveniently located refrigeration and
				freezer facilities of capacity adequate to maintain all potentially hazardous
				food at forty degrees Fahrenheit (40º F.) or below, except during
				necessary periods in the preparation of seafood. Where temperature requirements
				must be met, storage facilities shall be provided with controls which insure
				the maintenance of such temperatures. Each facility used for the storage of
				perishable seafood shall be provided with an indicating thermometer accurate to
				plus or minus two degrees Fahrenheit (± 2º F.), located in the
				warmest part of the facility and of such type and so situated that the
				temperature can be easily and readily observed.
(b) Conveniently located facilities with
				running water, waste disposal units or containers for the washing, trimming and
				similar preparation of seafoods.
(c) Cleaning facilities to keep all parts of
				the primary or secondary production plant and all seafood machinery, equipment
				and utensils in a clean and sanitary condition. This shall include suitable
				space and facilities for storing clean equipment, disposing of waste food
				residue, washing and sanitizing of seafood machinery, equipment and utensils
				and such other equipment as may be necessary for the effective, regular and
				periodic cleaning of the entire production plant.
(d) All surfaces which come in contact with
				the seafood or debris shall be readily accessible for cleaning and
				inspection.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.016 - Other Facilities and Operations

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Primary or secondary production plants shall be designed and equipped to
				provide sufficient space for sanitary handling of seafood products and thorough
				cleaning of all plant components.
(2) Floors - The floor surfaces in seafood
				production, packing and storage rooms and all rooms and areas where equipment
				and utensils are washed shall be constructed of smooth concrete or other
				impervious material. Such floors shall be free of cracks, holes or uneven
				surfaces and shall be graded not less than one-quarter (1/4) inch to one (1)
				foot to effectively drain. Sufficient drains, gutters, gratings and sewers
				shall be provided to insure prompt and proper removal of waste liquids and
				water in accordance with provisions of the Sanitary Code of Florida, Chapter
				64E-11, F.A.C. All floors shall be kept clean and in good repair.
(3) Packaging materials - All containers and
				other packaging materials or primary or secondary production, when necessary,
				shall be thoroughly washed prior to use by water under pressure.
(4) Living quarters - None of the operations
				connected with a primary or secondary production plant shall be conducted in
				any room used as living or sleeping quarters. There shall be no direct opening
				between living quarters and a primary or secondary production plant.
(5) Animals - No dogs, cats or other pets
				shall be permitted in primary or secondary production
				plants.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.16, 16N-27.16, 16N-27.016,
					 62N-27.016.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.017 - Inspection of Primary or Secondary Production Plants

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commission shall inspect all primary
				or secondary production plants as often as may be deemed necessary for
				enforcement of the provisions of this subsection for protection of the public
				health.
(2) Persons operating a
				primary or secondary production plant shall permit the Commission to examine
				records of the production plant to obtain pertinent information pertaining to
				food and supplies purchased, received or used, and
				employees.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.17, 16N-27.17, 16N-27.017,
					 62N-27.017.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.018 - Examination and Condemnation of Seafood

Current through Reg. 50, No. 138; July 16, 2024
Seafood may be examined or sampled while in the possession of
				  a primary or secondary producer for laboratory examination by the Commission as
				  often as may be necessary to determine freedom from unwholesomeness,
				  adulteration or misbranding. No seafood intended for human consumption shall be
				  sold or offered for sale that is unsafe or in any way likely to injure the
				  public health. It shall be the duty of the Commission to condemn and destroy or
				  otherwise dispose of, in the discretion of the Commission, all such seafood,
				  sold, offered for sale or stored by the primary or secondary producer, provided
				  that where the said producer resists such action, legal procedures shall be
				  taken against said producer for violation of this subsection and the seafood
				  producer shall be subject to all legal procedures provided by
				  law.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.18, 16N-27.18, 16N-27.018,
					 62N-27.018.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.019 - Procedure When Infection is Suspected

Current through Reg. 50, No. 138; July 16, 2024
When the Commission has reasonable cause to suspect
				  possibility of disease transmission from any primary or secondary production
				  plant employee, the Commission shall secure a morbidity history of the
				  suspected employee, or make such other investigation as may be indicated and
				  take appropriate action. The Commission may require any or all of the following
				  measures:
(1) Immediate exclusion of
				the employee from all primary and secondary productions plants.
(2) Immediate closure of the primary or
				secondary production plant concerned until, in the opinion of the Commission,
				no further danger of disease outbreak exists.
(3) Restriction of the employee's services to
				some area of the plant where there would be no danger of transmitting
				disease.
(4) Adequate medical and
				laboratory examinations of the employee or other employees and of his and their
				body discharges.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.19, 16N-27.19, 16N-27.019,
					 62N-27.019.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.0191 - Production Plant Operation

Current through Reg. 50, No. 138; July 16, 2024
(1) Washing
				shellstock - Shellstock shall be washed reasonably free of bottom sediments and
				detritus as soon after harvesting as practicable. The primary responsibility
				for washing rests with the harvester. Water used for shellstock washing shall
				be obtained from an approved growing area, or other sources approved by the
				Commission.
(2) Records - Complete
				and accurate dated records of purchase and sale of all shellfish shall be kept
				by shellfish production plants operating in the state. Records shall indicate
				from whom shellfish were sold. Records shall remain on file for a period of not
				less than thirty (30) days and made available for inspection by agents of the
				Commission upon request.
(3)
				Supervision of the shellfish production plant - The management shall designate
				a reliable individual accountable for compliance with provisions of this
				subsection having to do with production plant and personnel
				cleanliness.
(4) Packing and
				shipping shellstock - Shellstock shall be packed and shipped in clean
				containers under conditions which will prevent contamination and
				spoilage.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.191, 16N-27.191, 16N-27.0191,
					 62N-27.0191.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.021 - Transportation by Primary or Secondary Producers

Current through Reg. 50, No. 138; July 16, 2024
(1) Seafood while being transported shall be
				in an enclosed conveyance with doors closed securely, or such products must be
				in covered containers or otherwise wrapped or packaged to insure protection
				from contamination. Potentially hazardous foods shall be kept at safe
				temperatures during all periods of transportation delivery.
(2) Insulated containers may be used for
				transportation of frozen seafood; provided, that the internal temperature of
				the frozen seafood at no time exceeds zero degrees Fahrenheit except during
				necessary periods of loading and unloading. It is recommended that such
				containers be precooled in the freezer.
(3) No person, firm or corporation shall
				ship, transport or receive any fresh headless shrimp, headless or filleted
				fish, fresh or cooked lobster tails, fresh or cooked stone crab claws or whole
				cooked lobster, iced or otherwise, unless such shipment be in new containers
				with necessary precautions taken for sanitation or in clean and sanitized
				containers constructed of smooth, nonporous fiberglass, plastic or stainless
				steel and such containers shall have sufficient holes at the bottom so as to
				allow drainage, or in containers with plastic bag liners of good durable
				quality of not less than two mil thickness, which liners shall have sufficient
				holes in the bottom so as to allow drainage. The liners will be used only once
				and must be of sufficient size as to allow them to be folded down along the
				outside of the container and then folded over the top of the container in order
				to protect the product from contamination.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.21, 16N-27.21, 16N-27.021,
					 62N-27.021.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.022 - Requirements for Boats Used for Harvesting or Transporting Seafood

Current through Reg. 50, No. 138; July 16, 2024
(1) Boats used only for the harvesting or
				transporting of seafood shall be excluded from the requirements listed under
				Rules 68E-27.014,
				68E-27.015, and
				68E-27.016, F.A.C. but shall
				have facilities for protecting cargo from the sun and weather and from bilge
				and other contamination. All boats shall be provided with false bottoms and
				bulkheads fore and aft to prevent cargo from coming in contact with any bilge
				water, or other contaminants.
(2)
				Seafood holds, pen boards and shelf boards shall be smooth and constructed to
				facilitate proper cleaning.
(3)
				Seafood pens, pen boards and shelf boards shall be shelved where necessary to
				prevent crushing of the cargo.
(4)
				Seafood being transported shall be washed to remove excess blood, slime and
				viscera prior to stowing.
(5) While
				cargo is on a boat used for harvesting or transporting fresh seafood, finely
				divided ice or adequate refrigeration shall be used to preserve the quality of
				the seafood.
(6) Decks, holds, pen
				boards and shelf boards shall be thoroughly cleaned as soon as the cargo has
				been discharged, and shall be disinfected when necessary.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.22, 16N-27.22, 16N-27.022,
					 62N-27.022.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.023 - Inspection of Boats Engaged in Transporting Seafood in Primary or Secondary Production

Current through Reg. 50, No. 138; July 16, 2024
The Commission or its agents shall have the authority,
				  without warrant, to board, inspect and search any boat or vehicle engaged in
				  transporting any primary or secondary seafood, as often as may be deemed
				  necessary for enforcement of the provisions of this subsection and for
				  protection of the public health.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.23, 16N-27.23, 16N-27.023,
					 62N-27.023.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.024 - Requirements for Boats Being Used as Licensed Seafood Dealers'Establishments

Current through Reg. 50, No. 138; July 16, 2024
Boats being used as licensed seafood establishments or
				  processing units shall meet the same criteria as that required of secondary
				  producers or processing plants.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.24, 16N-27.24, 16N-27.024,
					 62N-27.024.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68E - Marine Resources › Chapter 68E-27 - THE SEAFOOD QUALITY CONTROL CODE › Section 68E-27.031 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
Any person, firm or corporation violating the provisions of
				  Chapter 68E-27, F.A.C., shall be punished as provided by law for violation of a
				  rule of the Commission.
Rulemaking Authority
					 379.407 FS. Law Implemented
					 379.3313
					 FS.
New 9-30-75, Formerly 16B-27.31, 16N-27.31, 16N-27.031,
					 62N-27.031.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-20 - AQUATIC PLANT CONTROL PERMITS › Section 68F-20.0075 - Penalties

Current through Reg. 50, No. 138; July 16, 2024
(1) Following proper notice, the Commission
				is authorized to modify, revoke, suspend, annul, or withdraw any permit granted
				by it, or deny or modify any permit request, if the Commission determines that
				the following actions were committed by the permittee or applicant:
(a) Submission of false or inaccurate
				information in the permit application, requests for amendments or
				renewals.
(b) An unresolved
				violation of a permit, permit conditions, this chapter, or Florida Statutes
				relating to aquatic plant management activities.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-54 - FUNDING FOR AQUATIC PLANT MANAGEMENT › Section 68F-54.001 - Program Criteria and Standards

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The Florida Legislature provides funds to the Commission annually through the
				Invasive Plant Control Trust Fund for the management of aquatic
				plants.
(2) Funds are allocated by
				the Commission to government agency and private sector contractors, after
				evaluation of workplans and associated budgets for eligible waters, in
				accordance with eligibility standards and priorities established in this
				chapter. The Commission then monitors and assists contractors to ensure the
				appropriate management of aquatic plants and funds.
(3) The Aquatic Plant Management Funding
				Program and the Corps Cooperative Agreement DACW 17-85-H-0020 (effective date
				as amended 26 September 1988, which is hereby incorporated by reference and is
				available from the section) shall be implemented by this chapter.
(4) Applying the maintenance program
				management policy to noxious aquatic plants shall include the following
				actions:
(a) Identifying the noxious aquatic
				plant species present, and their impact on plant and animal life and
				property.
(b) Determining in which
				eligible water bodies these plants are most disruptive to maintenance program
				objectives.
(c) Determining which
				plants are the most feasible to manage under given conditions and available
				methodologies.
(d) Establishing
				management priorities for eligible waterbodies, and selecting management
				methods to be used including mechanical, biological, or herbicide techniques,
				which may often be used in combination.
(e) Coordinating with and seeking comments
				from stakeholders including other agencies and local governments.
(f) The Commission is authorized to contract
				with government agencies and private sector organizations for the management of
				aquatic plants in waters of the state.
(g) The Commission is authorized to reimburse
				any government agency or private sector company with which it has entered into
				a contractual agreement to manage aquatic plants, subject to the eligibility
				requirements of this chapter.
(h)
				The Commission is responsible for determining that funds are spent in
				accordance with annual workplans, task assignments and contracts.
(i) The Commission shall reimburse
				contractors based on the available funds, program eligibility, program
				priorities, and the method of reimbursement as defined in this chapter. To
				compensate for limitations in the planning cycle prior to the end of the fiscal
				year, the Commission is authorized to review allocations to contractors to
				determine if additional funds are needed or if excess funds are available for
				reallocation to management programs in need of additional
				funds.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-54 - FUNDING FOR AQUATIC PLANT MANAGEMENT › Section 68F-54.0035 - Waters Eligible and Eligibility Criteria for Aquatic Plant Management Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) The Commission is
				authorized to enter into contracts for the purpose of managing noxious aquatic
				plants in sovereignty lands, or those sites which might adversely impact
				sovereignty lands. Approval of control techniques and program approval are
				contained in the individual workplans for each waterbody which are complied
				into a task assignment.
(2) In
				order for state and federal aquatic plant management funds to be considered,
				waters for which these funds are requested must meet the following eligibility
				criteria:
(a) The waterbody must be
				sovereignty lands, or Commission managed lands such as a Fish Management Area
				or Wildlife Management Area, or a site which might adversely impact sovereignty
				lands or Commission managed lands, or a state-owned spring or spring
				run.
(b) For sovereignty lands, the
				waterbody must have access to the boating public by way of an established,
				improved boat ramp or a direct navigable connection to an eligible waterbody.
1. There must be a sign at the boat ramp
				stating that it is a public boat ramp or use area.
2. A ramp fee may be charged provided that
				the fee is not unreasonable (in keeping with ramp fees charged in the
				area).
3. There must be at least
				one directional sign on the nearest paved roadway indicating the way to the
				public boat ramp.
4. The boat ramp
				must have sufficient space to safely turn a vehicle and trailer around and
				ample parking space within one quarter mile distance from the boat
				ramp.
(c) Commission
				approval shall be the execution of the task assignment between the contractor
				and the Commission.
Florida Administrative Code › 68 - FISH AND WILDLIFE CONSERVATION COMMISSION › 68F - Aquatic Plants › Chapter 68F-54 - FUNDING FOR AQUATIC PLANT MANAGEMENT › Section 68F-54.005 - Approval, Allocation, and Disbursement Procedures for Aquatic Plant Management Funds

Current through Reg. 50, No. 138; July 16, 2024
(1) Workplan requests
				shall be reviewed and approved by the section staff to determine compliance
				with this chapter.
(2) Although a
				waterbody may meet eligibility criteria, funding and workforce availability may
				be insufficient to manage noxious plants for a period of time. The section
				shall allocate funds according to the following priorities, with 1 being the
				highest priority, and the additional considerations listed in subsection
				68F-54.005(3),
				F.A.C.:
Priority 1: To manage waterhyacinth and waterlettuce,
				  including those plants in waters which could infest connected eligible lakes
				  and rivers.
Priority 2: To manage new hydrilla infestations, particularly
				  those at boat ramps or in waters connected to eligible waters which contain
				  little or no hydrilla.
Priority 3: To manage any noxious aquatic plant restricting
				  access at public boat ramps, or to establish trails which connect boat ramps to
				  major use areas.
Priority 4: To provide open areas in dense stands of hydrilla
				  for navigation and recreational use.
Priority 5: To provide for large scale hydrilla management
				  operations.
Priority 6: To provide open areas in dense stands of other
				  noxious plants for navigation and recreational use.
Priority 7: To manage noxious plants in residential or dead
				  end canals and which are connected to eligible waters, unless they contain
				  waterhyacinth or waterlettuce, or hydrilla when there is a navigable connection
				  to an eligible water and the eligible water contains little or no
				  hydrilla.
(3) The section
				shall allocate funds for an individual waterbody using the criteria established
				in subsection 68F-54.005(2),
				F.A.C., with consideration being given to the following factors:
(a) Availability of state and federal
				funds.
(b) Availability of local
				funds or in-kind services.
(c)
				Major uses of the waterbody.
(d)
				Feasibility of achieving control of noxious aquatic plants in the
				waterbody.
(e) Anticipated
				environmental and biological community impacts including the current and
				anticipated water quality conditions.
(f) Specific comments provided by
				substantially affected persons.
(g)
				Current and anticipated level of aquatic plants in the waterbody.
(h) Relative benefit to the
				public.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.001 - Scope of Rules and Regulations

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Pursuant to chapter 552, F.S., the following Rules and Regulations are adopted
				as required thereunder, covering the Manufacture, Storage, Transportation,
				Sale, Use and Handling of explosives and blasting agents in the State of
				Florida.
(2) These Rules and
				Regulations shall not apply to the transportation of explosives or blasting
				agents when under the jurisdiction of and in compliance with the regulations of
				the Interstate Commerce Commission, the regulations of the United States Coast
				Guard, and the regulations of the Civil Aeronautical Board.
(3) Nothing contained in these Rules and
				Regulations shall apply to the regular Armed Forces of the United States, or to
				the duly organized military force of any state or territory thereof, or to
				police or fire departments in this state, provided they are acting within their
				respective official capacities and in the proper performance of their
				duties.
(4) These Rules and
				Regulations shall not apply to the transportation and use of explosives or
				blasting agents in the normal and emergency operations of federal agencies such
				as the Bureau of Mines, The Federal Bureau of Investigation and The Secret
				Service.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.091,
					 552.12,
					 552.13,
					 552.24
					 FS.
New 6-25-66, Amended 10-18-67, Repromulgated 12-24-74,
					 Formerly 4A-2.01, 4A-2.001.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.002 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Approved" means approved by the Division
				of State Fire Marshal of the Department of Financial Services.
(2) "Factory building" means any building or
				other structure (except magazines) containing explosives, in which the
				manufacture of explosives, or any processing involving explosives is carried
				on, and any building where explosives are used as a component part or
				ingredient in the manufacture of any article or device. This definition does
				not include private residences or shop buildings where the handloading of small
				arms ammunition is being carried on.
(3) "Class 1 magazine" means any building or
				structure, except a factory building used for the permanent storage of
				explosives, as set forth in paragraph
				 69A-2.006(4)(a),
				F.A.C.
(4) "Class 2 and 3
				magazines" means any container used for the temporary storage of small
				quantities of blasting caps and electric blasting caps, as set forth in
				paragraphs  69A-2.006(4)(b) and
				(c), F.A.C.
(5) "Inhabited building" means any building
				or structure regularly used in whole or part as a place of human habitation,
				and also any church, school, store, railway passenger station, airport terminal
				for passengers, and any other building or structure where people assemble, but
				excluding any building or structure occupied in connection with the
				manufacture, transportation, storage and use of explosives.
(6) "Railroad" means any steam, electric,
				diesel, electric, or other railroad or railway which carries passengers for
				hire.
(7) "Natural barricade" means
				natural features of the ground such as hills, or timber of sufficient density
				that the surrounding exposures which require protection cannot be seen when the
				trees are bare of leaves.
(8)
				"Artificial barricade" means an artificial mound or revetted wall of earth of a
				minimum thickness of three (3) feet.
(9) "Barricade" means that a building
				containing explosives is effectually screened from a magazine, building,
				railway or highway, either by a natural barricade, or by an artificial
				barricade of such height that a straight line from the top of any sidewall of
				the building containing explosives to the eave line of any magazine, or
				building, or to a point twelve (12) feet above the center of a railway or
				highway, will pass through such intervening natural or artificial
				barricade.
(10) Words used in
				singular number shall include the plural, and the
				singular.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.081,
					 552.13
					 FS.
New 6-25-66, Amended 10-18-67, Repromulgated 12-24-74,
					 Amended 2-1-79, Formerly 4A-2.02, Amended 7-19-01, Formerly
					 4A-2.002.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.003 - General Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) No person
				shall store, handle, or transport explosives or blasting agents when such
				storage, handling and transportation of explosives or blasting agents
				constitutes an undue hazard to life and property.
(2) No person shall possess, keep, store,
				sell, or offer for sale, give away, use, transport, or dispose of in any manner
				any explosive or blasting agent except in conformity with the provisions of
				chapter 552, F.S., and these Rules and Regulations. Nothing in this rule shall
				be so construed as to prevent handloaders of ammunition from giving small
				quantities of black powder and smokeless propellant to authorized
				persons.
(3) Nothing in these Rules
				and Regulations shall be construed to prohibit the use of explosives in the
				form prescribed by the official United States Pharmacopeia.
(4) The State Fire Marshal may restrict the
				quantity of explosives or blasting agents that may be handled at any location
				within the state.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.091,
					 552.094,
					 552.101,
					 552.13,
					 552.211,
					 552.241
					 FS.
New 6-25-66, Amended 10-18-67, Repromulgated 12-24-74,
					 Amended 9-28-78, Formerly 4A-2.03, Amended 8-25-98, Formerly
					 4A-2.003.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.005 - Manufacture; Blasting Agents

Current through Reg. 50, No. 138; July 16, 2024
(1) Buildings
				or other facilities used for mixing blasting agents, including mobile
				equipment, shall be located, with respect to inhabited buildings, passenger
				railroads and public highways, in accordance with the American Table of
				Distances as set forth in paragraph
				 69A-2.006(5)(a),
				F.A.C.
(a) Minimum intra-plant separation
				distances between mixing units and the oxidizer storage areas and blasting
				agent storage areas shall be determined by competent persons, and these
				distances shall be approved by the State Fire Marshal.
(b) Any oxidizer stored at a closer distance
				to the blasting agent storage area than as provided in paragraph (1)(a), above,
				shall be added to the quantity of blasting agents to calculate the total
				quantity involved for application of the aforementioned
				Table.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.006 - Storage; General

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				explosives, except when being transported, shall be kept in magazines which
				meet the requirements of these rules and regulations, except smokeless
				propellant shall be stored in accordance with the requirements set forth in
				rule  69A-2.009, F.A.C., black powder
				shall be stored in accordance with the requirements set forth in rule
				 69A-2.0091, F.A.C., and blasting
				agents shall be stored in accordance with the requirements set forth in rule
				 69A-2.010, F.A.C.
(2) Blasting caps, electric blasting caps,
				and primed cartridges shall not be stored in the same magazines with other
				explosives.
(3) Ground around
				magazines shall slope away for drainage. The land surrounding magazines shall
				be kept clear of brush, dried grass, leaves, and other combustible materials
				for a distance of at least 25 feet in each direction.
(4) Magazines, as required by these Rules and
				Regulations, shall be used for the storage of explosive supplies only and shall
				be of three classes, namely, Class I magazines, Class 2 magazines, and Class 3
				magazines.
(a) Class I magazines shall be
				required for the permanent storage of explosives where the amount involved
				shall exceed 3,000 pounds.
(b)
				Class 2 magazines shall be required for the storage of explosives for immediate
				use or distribution or for temporary storage in the proximity of blasting
				operations, or when the limited quantity to be stored does not warrant the
				construction of a Class I magazine. Class 2 magazines shall not contain more
				than 3,000 pounds of explosives at any one time.
(c) Class 3 magazines shall be required for
				the temporary storage of limited amounts of explosives. Class 3 magazines shall
				not contain more than 50 pounds of explosives or 5,000 caps at any one
				time.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.009 - Storage; Smokeless Propellant

Current through Reg. 50, No. 138; July 16, 2024
(1) All
				smokeless propellants shall be stored in ICC-approved shipping
				containers.
(2) Smokeless
				propellants intended for personal use in quantities not to exceed 20 pounds may
				be stored in residences; quantities over 20 pounds but not to exceed 100 pounds
				shall be stored in a wooden box or cabinet having walls of at least 1 inch
				nominal thickness.
(3) Not more
				than 20 pounds of smokeless propellants, in containers of 1-pound maximum
				capacity, shall be displayed in commercial establishments. Commercial stocks of
				smokeless propellants over 20 pounds and not more than 100 pounds shall be
				stored in approved wooden boxes having walls of at least 1 inch nominal
				thickness. Not more than 100 pounds shall be permitted in any one
				box.
(4) Commercial stocks in
				quantities not to exceed 750 pounds shall be stored in storage cabinets having
				wooden walls of at least 1 inch nominal thickness. Not more than 400 pounds
				shall be permitted in any one cabinet.
(5) Quantities of smokeless propellants in
				excess of 750 pounds shall be stored in magazines constructed in accordance
				with rule  69A-2.007, F.A.C., and located
				in accordance with rule
				 69A-2.006,
				F.A.C.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.13
					 FS.
New 6-25-66, Repromulgated 12-24-74, Formerly 4A-2.09,
					 4A-2.009.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.0091 - Storage; Black Powder

Current through Reg. 50, No. 138; July 16, 2024
(1) Black
				powder shall be stored in ICC-approved shipping containers.
(2) Black powder stored in a secured building
				in quantities not to exceed fifty pounds shall be kept in a wood box or cabinet
				having walls at least one inch nominal thickness. Said boxes or cabinets shall
				be kept securely locked except when necessarily opened for use by authorized
				persons. Such boxes or cabinets shall be provided with substantial handles to
				facilitate easy removal from building in event of an emergency, and shall be
				marked in accordance with paragraph
				 69A-2.007(8)(e),
				F.A.C.
(3) Black powder in excess
				of fifty pounds shall be stored in magazines constructed in accordance with
				rule  69A-2.007, F.A.C., and located
				in accordance with rule
				 69A-2.006,
				F.A.C.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.13
					 FS.
New 10-18-67, Repromulgated 12-24-74, Formerly 4A-2.091,
					 4A-2.0091.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.010 - Storage; Blasting Agents

Current through Reg. 50, No. 138; July 16, 2024
(1) Blasting
				agents and oxidizers used for mixing of blasting agents shall be stored in the
				manner set forth in this section.
(a) Blasting
				agents or oxidizers when stored in conjunction with explosives shall be stored
				in the manner set forth in rules
				 69A-2.006,
				 69A-2.007 and
				 69A-2.008, F.A.C. The quantity
				of blasting agents or oxidizers shall be included when computing the total
				quantity of explosives for determining distance requirements.
(b) Blasting agents, when stored entirely
				separate from other explosives, shall be stored in one-story warehouses without
				basements. These warehouses shall be:
1.
				Non-combustible or fire resistive;
2. Constructed so as to eliminate open floor
				drains and piping into which molten materials could flow and be confined in
				case of fire;
3. Weather
				resistant;
4. Well ventilated;
				and,
5. Equipped with a strong door
				kept securely locked except when open for business.
(c) Semi-trailer or full trailer vans used
				for highway or on-site transportation of blasting agents are satisfactory for
				temporarily storing these materials, provided they are located according to the
				American Table of Distances with respect to inhabited buildings, passenger
				railroads and public highways. Trailers shall be provided with approved locking
				devices, and the trailer doors shall be kept locked, except during the time of
				placement and removal of stocks of blasting agents.
Florida Administrative Code › 69 - DEPARTMENT OF FINANCIAL SERVICES › 69A - Division of State Fire Marshal › Chapter 69A-2 - EXPLOSIVES › Section 69A-2.011 - Storage; Inventory Required

Current through Reg. 50, No. 138; July 16, 2024
(1)
				"Manufacturer - Distributors" and "Dealers" must keep accurate accounts of all
				inventories and sales of explosives. Invoices or sales tickets that are
				delivered to the purchaser shall bear the name of the "Manufacturer -
				Distributors" and "Dealers," the name of the "USER," the name of the purchaser,
				the address of the purchaser, the "USER'S" license number (except handloaders
				of ammunition for sporting use who are exempt from the licensing requirement by
				section  552.241, F.S.), date of sale,
				identification of the type of explosives sold, quantity sold and the use for
				which the explosives are purchased.
(2) An accurate inventory of the stock of
				explosives and caps in magazines must be maintained by each "USER." The
				inventory must record the date, pounds on hand, pounds received, pounds issued,
				pounds returned and balance on hand at all times of each brand and grade.
				Persons using black powder or smokeless propellants for the sole purpose of
				hand-loading ammunition for sporting use shall be exempt from the requirements
				of this rule.
(3) Similar
				inventories of blasting caps and electric blasting caps must be maintained for
				all cap magazines.
Rulemaking Authority
					 552.13 FS. Law Implemented
					 552.111,
					 552.112,
					 552.13
					 FS.
New 6-25-66, Amended 10-18-67, Repromulgated 12-24-74,
					 Formerly 4A-2.11, 4A-2.011.