reglab/statecodes huggingface dataset:
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.483 - General Permit to the Department to Conduct Minor Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.118 FS. Law Implemented
						  373.118,
						  373.413,
						  373.416,
						  373.426
						  FS.
New 10-3-95, Amended 4-14-03, Repealed
						  10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.485 - General Permit to the Department for Environmental Restoration or Enhancement Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						   373.118,
						  373.171 FS. Law Implemented
						  373.118,
						   373.413,
						   373.416,
						   373.426 FS.
New 10-3-95, Amended 4-14-03, Repealed
						  10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.487 - General Permit to the Department to Change Operating Schedules for Department or District Water Control Structures (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.118 FS. Law Implemented
						  373.118,
						  373.416
						  FS.
New 10-3-95, Amended 12-1-11, Repealed
						  10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.495 - General Permit to U.S. Forest Service for Minor Works within National Forests (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.118 FS. Law Implemented
						  373.118,
						  373.413,
						  373.416,
						  373.426
						  FS.
New 10-3-95, Repealed
						  10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.500 - General Permit for Construction, Operation, Maintenance, Alteration, Removal or Abandonment of Minor Silvicultural Surface Water Management Systems (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						   373.118,
						  403.067(7)(d)
						  FS. Law Implemented 373.118,
						   373.413,
						   373.416,
						   373.426,
						   403.067(7)(d) 
						  FS.
New 10-3-95, Amended 12-1-11, Repealed
						  10-1-13.
Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40E - South Florida Water Management District › Chapter 40E-400 - NO NOTICE AND NOTICED GENERAL ENVIRONMENTAL RESOURCE PERMITS › Part II - GENERAL ENVIRONMENTAL RESOURCE PERMITS › Subpart C - Noticed General Environmental Reousrce Permits › Section 40E-400.900 - Forms and Instructions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
						  373.044,
						  373.113,
						  373.118 FS. Law Implemented
						  373.118,
						  373.413,
						  373.416,
						  373.426
						  FS.
New 10-3-95, Repealed
						  10-1-13.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.001 - Purpose (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  120.53(1),  427.011 - 427.017 FS.
New 5-2-90, Amended 6-17-92, 7-11-95, Repealed
					 7-15-12.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.003 - Commission Organization and Personnel (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  427.013(9)  FS. Law Implemented  427.012 FS.
New 5-2-90, Amended 6-17-92, 3-10-98, Repealed
					 7-15-12.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.005 - Member Department Responsibilities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  427.0135 FS.
New 5-2-90, Amended 6-17-92, 6-15-93, 7-11-95, 3-10-98,
					 Repealed 1-7-16.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.007 - Reporting Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) Each state
				agency shall, by September 15 of each year, provide the Commission with an
				accounting of the actual amount of funds expended and the total number of trips
				purchased during the previous fiscal year.
(2) Each Designated Official Planning Agency
				shall provide to the Commission prior to each state fiscal year, an estimate of
				all transportation disadvantaged funds anticipated to be available for the
				upcoming state fiscal year budget. The estimate shall include the following
				information:
(a) Each local government agency
				within jurisdiction of the Official Planning Agency shall report an estimate of
				the direct federal funds and local government transportation disadvantaged
				funds anticipated to be available through the coordinated system for the
				upcoming state fiscal year to the Official Planning Agency, and
(b) The Official Planning Agency shall
				request from each federal government agency within its jurisdiction, an
				estimate of the direct federal transportation disadvantaged funds anticipated
				to be available through the coordinated system for the upcoming state fiscal
				year.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.008 - Contractual Arrangements

Current through Reg. 50, No. 138; July 16, 2024
The following contractual arrangements will be required of
				  the Community Transportation Coordinator:
(1) A Memorandum of Agreement will be
				required and shall be a binding contract between the Commission and a Community
				Transportation Coordinator. It shall be utilized as the contract recognizing
				the Community Transportation Coordinator as a State contract vendor for a
				designated service area. The format of the Memorandum of Agreement will contain
				the Commission's minimum requirements and shall be utilized by the Community
				Transportation Coordinator. The Coordinating Board shall approve the Memorandum
				of Agreement prior to submittal to the Commission.
(2) Transportation Operator Contract. The
				Community Transportation Coordinator shall enter into a standard contract, as
				approved by the Commission, with each Transportation Operator as to specific
				terms and conditions that apply to each Transportation Operator for services to
				be performed. The contract shall include the minimum requirements contained in
				the Memorandum of Agreement and other local requirements for local service
				delivery. The Community Transportation Coordinator will be responsible for
				monitoring the terms of the contract.
(3) Coordination Contract. The Community
				Transportation Coordinator shall enter into a Coordination Contract to show the
				specific terms and conditions, as outlined in the Memorandum of Agreement with
				those agencies who receive transportation disadvantaged funds and who, from a
				total system approach, can perform more effectively and more efficiently their
				own transportation under those conditions not covered in Rule   41-2.015, F.A.C.,
				herein. The contract shall include the requirements of reporting, insurance,
				safety, and other terms that apply equally to any transportation operator. The
				contract also shall include any relative information regarding joint
				utilization and cost arrangements for the provision of transportation services
				to and from the coordinator. The Community Transportation Coordinator will be
				responsible for monitoring the terms of the contract. The contract shall be
				approved by the Coordinating Board and shall be reviewed annually to determine
				whether the continuation of said contract arrangement is the most cost
				effective and efficient utilization that is possible.
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  427.013(10), (15),  427.015(2),  427.0155(7),  427.0157(1) 
					 FS.
New 5-2-90, Amended 6-17-92, 7-11-95, 10-1-96,
					 3-10-98.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.013 - Transportation Disadvantaged Trust Fund

Current through Reg. 50, No. 138; July 16, 2024
The Commission shall annually evaluate and determine each
				  year's distribution of the Transportation Disadvantaged Trust Fund. Funds
				  available through the Transportation Disadvantaged Trust Fund for non-sponsored
				  transportation services and planning activities shall be applied only after all
				  other potential funding sources have been used and eliminated. Grant funds
				  shall not be used to supplant or replace funding of transportation
				  disadvantaged services which are currently funded to a recipient by any
				  federal, state, or local governmental agency. Monitoring of this mandate will
				  be accomplished as needed by the Commission and all agencies funding
				  transportation disadvantaged services. The use of minority-owned businesses is
				  encouraged, utilizing the most recent certified companies published by the
				  Department of Management Services. Funds deposited and appropriated into the
				  Trust Fund will be utilized for:
(1)
				Commission administrative and operating expenses, including financial
				assistance, through a grant agreement, to designated official planning agencies
				to assist the Commission in implementing the program in each local
				area.
(2) A Grants Program to
				provide for the funding of non-sponsored trips, including the purchase of
				capital equipment.
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  427.013,  427.0159,  427.016 FS.
New 5-2-90, Amended 6-17-92, 1-5-93, 6-26-94, 7-11-95,
					 3-10-98, 2-20-13.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.014 - Grants Program

Current through Reg. 50, No. 138; July 16, 2024
(1) Eligible
				Recipients. Grant funds will be allocated annually to the following entities:
(a) Community Transportation Coordinators who
				have an executed Memorandum of Agreement.
(b) Metropolitan Planning Organizations or
				Designated Official Planning Agencies approved by the Commission.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.015 - Expenditure of Local Government, State, and Federal Funds for the Transportation Disadvantaged

Current through Reg. 50, No. 138; July 16, 2024
(1) Any agency
				purchasing transportation services or providing transportation funding for the
				transportation disadvantaged with transportation disadvantaged funds shall
				expend all transportation disadvantaged funds through a contractual arrangement
				with the community transportation coordinator or an approved coordination
				provider except as provided in subsections (2) and (3) below.
(2) When it is better suited to the unique
				and diverse needs of a transportation disadvantaged person, the sponsoring
				agency may purchase or provide transportation by utilizing the following
				alternatives:
(a) Privately owned vehicle of
				an agency volunteer or employee;
(b) State owned vehicles;
(c) Privately owned vehicle of a family
				member or custodian;
(d) Common
				carriers, such as commercial airlines or bus; and
(e) Emergency medical
				vehicles.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.016 - Accessibility (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  427.013(4)  FS.
New 5-2-90, Amended 6-17-92, Repealed
					 7-15-12.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.0161 - Program Monitoring of Performance (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  427.013(9)  FS. Law Implemented  427.013 FS.
New 6-17-92, Amended 5-1-96, Repealed
					 1-7-16.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.0162 - Chronological Listing of Report Dates

Current through Reg. 50, No. 138; July 16, 2024
The following reports are listed in chronological order by
				  due date and the recipient of the report:
(1) January 1 - Commission Annual Report due
				to Governor and Legislature.
(2)
				September 15 - Annual Operating Report of Community Transportation Coordinator
				due to Commission.
(3) September 15
				- Transportation Improvement Programs in urbanized areas due to
				Commission.
(4) September 15 -
				Annual report of the actual amount of funds expended and trips purchased due
				from each state agency.
(5)
				September 15 - Annual report accounting for all local government and direct
				federal funds for transportation for the disadvantaged expended in its
				jurisdiction due from each designated official planning agency or metropolitan
				planning organization.
Rulemaking Authority  427.013(9)  FS. Law Implemented
					  427.013,  427.0135,  427.015,  427.0155,  427.016 FS.
New 6-17-92, Amended 6-15-93, 1-4-94, 7-11-95, 5-1-96,
					 3-10-98, 8-10-09.
Florida Administrative Code › 41 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › 41 - Departmental › Chapter 41-2 - COMMISSION FOR THE TRANSPORTATION DISADVANTAGED › Section 41-2.018 - Public Comment

Current through Reg. 50, No. 138; July 16, 2024
The Commission for the Transportation Disadvantaged invites
				  and encourages all members of the public to provide comment on matters or
				  propositions before the Commission or a committee of the Commission. The
				  opportunity to provide comment shall be subject to the following:
(1) Members of the public will be given an
				opportunity to provide comment on subject matters before the Commission after
				an agenda item is introduced at a properly noticed Commission
				meeting.
(2) Members of the public
				shall be limited to five (5) minutes to provide comment. This time shall not
				include time spent by the presenter responding to questions posed by Commission
				members, staff or Commission counsel. The chair of the Commission may extend
				the time to provide comment if time permits.
(3) Members of the public shall notify
				Commission staff in writing of his or her interest to be heard on a proposition
				or matter before the Commission. The notification shall identify the person or
				entity, indicate its support, opposition, or neutrality, and identify who will
				speak on behalf of a group or faction of persons.
Rulemaking Authority  286.0114 FS. Law Implemented  286.0114 FS.
New 2-13-14.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-1 - RULES OF ORGANIZATION, OPERATION AND PROCEDURE CONCERNING ESTABLISHMENT OF UNIFORM COMMUNITY DEVELOPMENT DISTRICTS › Section 42-1.009 - Initial Agency Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Within
				fourteen (14) days from receipt of the Petition, the Secretary shall:
(a) Determine that all the elements and
				contents of the Petition, as listed in Section   190.005(1)(a), F.S. and Rule
				42-1.008, F.A.C., are contained in the Petition and that the Petition is
				complete, and if so,
(b) Forward
				the Petition to the Director of the Division of Administrative Hearings with:
1. A written request for a local public
				hearing to be held pursuant to Section   190.005(1)(d), F.S.; and,
2. A written certification that all required
				elements are addressed in the Petition.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-1 - RULES OF ORGANIZATION, OPERATION AND PROCEDURE CONCERNING ESTABLISHMENT OF UNIFORM COMMUNITY DEVELOPMENT DISTRICTS › Section 42-1.010 - Notice of Receipt of Petition; Content of Notice

Current through Reg. 50, No. 138; July 16, 2024
(1) Within
				sixty (60) days from receipt of a Petition, the Secretary shall:
(a) Assign the Petition an identification
				number.
(b) Cause to be published
				in the F.A.R. a Notice of Receipt of Petition.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-1 - RULES OF ORGANIZATION, OPERATION AND PROCEDURE CONCERNING ESTABLISHMENT OF UNIFORM COMMUNITY DEVELOPMENT DISTRICTS › Section 42-1.012 - Conduct of Local Hearing

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Administrative Law Judge may impose reasonable and fair conditions and
				limitations governing the conduct of the local hearing.
(2) All persons shall have an opportunity to
				present evidence and argument on all issues involved. The Administrative Law
				Judge shall permit parties to examine and cross-examine or question
				witnesses.
(3) Any person may file
				a written statement in support of or in opposition to the Petition for district
				rule. Copies of the statements shall be delivered to petitioner by hand or by
				certified mail on or prior to the date of filing, and all such statements shall
				be entered on the record. Written statements shall be filed not later than ten
				(10) days after the close of the local hearing. Any affected person may reply
				to such a statement, and copies of replies shall be delivered to the petitioner
				and to the person who submitted the statement, by hand or by certified mail,
				prior to or at the time of filing.
(4) The Secretary shall cause to be made a
				transcript of the local hearing and copies of the transcript shall be made
				available to the petitioner and the general public at
				cost.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 6-21-82, Formerly
					 42-1.12.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.002 - Pleadings (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  373.114,  380.07 FS.
New 10-2-75, Formerly 22G-1.03, 27G-1.02, Amended 8-10-86,
					 3-15-95, Repealed 5-31-15.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.004 - Answer; Motions in Opposition to Petition

Current through Reg. 50, No. 138; July 16, 2024
(1) Any person
				entitled to be a party to the proceedings may file and answer to the petition.
				The answer shall be filed within twenty (20) days of service of the petition on
				the party and shall either admit, deny or state it is without knowledge of each
				and every allegation in the petition. Answers may admit in part, and should
				elaborate on or explain relevant issues of fact in a manner that will simplify
				the ultimate issues. The answer may contain affirmative defenses. Any
				allegation within the petition which is not denied in the answer may be tried
				as uncontested and evidence to controvert any such allegation may be considered
				inadmissible. The answer shall further contain the name and address of the
				respondent for purposes of service.
(2) Any motions in opposition to a petition
				shall in all cases be filed with the answer. Such motions shall set forth in
				ordinary and concise language the basis for the opposition. In its objection to
				the petition, a party may:
(a) Oppose the
				petition on the ground that it does not state facts sufficient to serve as a
				basis for appeal;
(b) Oppose the
				form of particular allegations of the petition on grounds of ambiguity,
				vagueness, or uncertainty;
(c)
				Oppose the petition on any other ground authorized by
				law.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.005 - Time for Filing Appeal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  380.07 FS.
New 10-2-75, Formerly 22G-1.05, 27G-1.05, Amended 8-10-86,
					 11-11-87, Repealed 5-31-15.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.008 - Conduct of Appeals

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 20 days of the filing of a notice
				of appeal, all parties shall be given the opportunity to meet to discuss, at a
				minimum, the following matters:
(a) The
				issues to be determined in the appeal;
(b) Whether an issue should be decided on the
				basis of the record made below, additional evidence, or a combination
				thereof;
(c) Settlement of the
				appeal.
For the purposes of this section, the parties shall include
				 the local government which rendered the development order, the owner, the
				 developer, the state land planning agency and the appropriate regional planning
				 agency. Notice of the meeting shall also be given to any person who has filed a
				 motion to intervene or who has requested notice from the Secretary of the
				 Commission. Reasonable notice of the meeting shall be given by the Secretary of
				 the Commission after consultation with the parties. The meeting may take the
				 form of a conference call between the parties; however, written notice of the
				 conference call must be given to the parties and to any person who has filed a
				 motion to intervene or who has requested notice from the Secretary of the
				 Commission. The Secretary, or his designee, shall conduct the
				 meeting.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.0121 - Definitions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  373.114,  380.07 FS.
New 6-8-77, Formerly 22G-1.121, Amended 2-7-84, Formerly
					 27G-1.121, Amended 2-20-94, Repealed
					 5-31-15.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.013 - Request for Review Pursuant to Section 373.114 or 373.217, F.S

Current through Reg. 50, No. 138; July 16, 2024
(1) In any proceeding arising under Chapter
				373, F.S., review by the Commission may be initiated by the Department or a
				party by filing a request for such review with the Secretary of the Commission
				and serving a copy on any person named in the rule or order, and on all parties
				to the proceeding which resulted in the order sought to be reviewed. A
				certificate of service showing completion of service as required by this
				subsection shall be a requirement for a determination of sufficiency under Rule
				  42-2.0132, F.A.C. Failure to file the request with the Commission within the
				time period provided in Rule   42-2.0132, F.A.C., shall result in dismissal of
				the request for review.
(2) The
				request for review shall identify the rule or order requested to be reviewed,
				the proceeding in which the rule or order was entered and the nature of the
				rule or order. A copy of the rule or order sought to be reviewed shall be
				attached. The request for review shall state with particularity:
(a) How the order or rule conflicts with the
				requirements, provisions and purposes of Chapter 373, F.S., or rules duly
				adopted thereunder;
(b) How the
				rule or order sought to be reviewed affects the interests of the party seeking
				review;
(c) The oral or written
				statement, sworn or unsworn, which was submitted to the agency concerning the
				matter to be reviewed and the date and location of the statement, if the
				individual or entity requesting the review has not participated in a proceeding
				previously instituted pursuant to Chapter 120, F.S., on the order for which
				review is requested;
(d) If review
				of an order is being sought, whether and how the activity authorized by the
				order would substantially affect natural resources of statewide or regional
				significance, or whether the order raises issues of policy, statutory
				interpretation, or rule interpretation that have regional or statewide
				significance from a standpoint of agency precedent, and all the factual bases
				in the record which the petitioner claims support such determination(s); and,
(e) The action requested to be
				taken by the Commission as a result of the review, whether to rescind or modify
				the order, or remand the proceeding to the water management district for
				further action, or to require the water management district to initiate
				rulemaking to adopt, amend or repeal a rule.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.0131 - Request for Review of Rules and Orders of the Former Department of Natural Resources

Current through Reg. 50, No. 138; July 16, 2024
(1) Scope. The
				Florida Land and Water Adjudicatory Commission has the exclusive authority to
				review any order or rule, as defined in subsections   42-2.0121(7) and (10),
				F.A.C., respectively, which the Governor and Cabinet, sitting as head of the
				former Department of Natural Resources, had authority to issue or promulgate
				prior to July 1, 1993, other than a rule or order relating to an internal
				procedure of the Department.
(2)
				Request for Review.
(a) Review of any order or
				rule under the provisions of this rule may be initiated by a party to a
				proceeding by filing a request for review with the Secretary of the Commission.
				Failure to file the request with the Commission within the time period provided
				in Rule   42-2.0132, F.A.C., shall result in dismissal of the request for
				review.
(b) To be considered
				sufficient for purposes of Rule   42-2.0132, F.A.C., the request for review
				shall:
1. Identify the rule or order to be
				reviewed and the date the rule was filed or the order was rendered,
2. State with particularity how the rule or
				order sought to be reviewed affects the interests of the party seeking review,
3. State with particularity how
				the order or rule conflicts with the provisions and purposes of the statutes or
				laws under which the rule was promulgated or the order issued,
4. Specifically identify the oral or written
				statement, sworn or unsworn, which was submitted to the Department concerning
				the matter to be reviewed and the date and location of the statement, if the
				individual or entity requesting the review has not participated in a proceeding
				previously instituted pursuant to Chapter 120, F.S.,
5. State with particularity the action sought
				from the Commission as a result of the review,
6. Contain a copy of the rule or order for
				which review is sought; and,
7.
				Contain a statement certifying that service of the request for review has been
				carried out in the manner required by paragraph (2)(a),
				above.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.0132 - Procedure for Filing Petitions from a Water Management District Order

Current through Reg. 50, No. 138; July 16, 2024
(1) Review by the Commission is appellate in
				nature and shall be based solely on the record below unless the Commission
				determines that a remand for a formal evidentiary proceeding is necessary to
				develop additional findings of fact.
(2) Review by the Commission is appellate in
				nature and shall be based solely on the record below unless the Commission
				determines that a remand for a formal evidentiary proceeding is necessary to
				develop additional findings of fact.
(a) A
				request for review of an order or rule of a water management district pursuant
				to Section   373.114(1), F.S., shall be filed with the Secretary within 20 days
				after rendition of the order or adoption of the rule sought to be
				reviewed.
(b) A request for review
				of an order of the Department rendered pursuant to Section   373.114(2), F.S.,
				requiring amendment or repeal of a water management district rule, shall be
				filed with the Secretary within 30 days of rendition.
(c) A request for review of any order or rule
				of the Department pursuant to Rule   42-2.0131, F.A.C., shall be filed with the
				Secretary within 20 days after adoption of the rule or rendition of the order
				sought to be reviewed.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.014 - Record

Current through Reg. 50, No. 138; July 16, 2024
(1) For requests for review under Rule
				  42-2.013 or   42-2.0131, F.A.C., the record below shall consist of all documents,
				exhibits, and a transcript of the proceedings, if any, filed with the agency
				regarding the action from which review is sought.
(2) The person requesting review may
				designate any part of the record below deemed pertinent to the review. The
				agency shall prepare and file the record on review containing those parts
				designated. The record shall also include the following:
(a) In the case of a request to review a
				rule:
1. The complete request for review,
2. A copy of the full text of the
				rule in question,
3. A copy of the
				notice of rulemaking and any notice of change filed in the F.A.R.,
4. A copy of the economic impact statement,
				if applicable; and,
5. An agenda
				item summarizing the rule and the nature of the dispute, if
				applicable.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.015 - Briefs for Petitions for Review Pursuant to Rule 42-2.013, F.A.C

Current through Reg. 50, No. 138; July 16, 2024
(1) Within 15 days of filing a sufficient
				request for review pursuant to Rule   42-2.013, F.A.C., the person requesting
				review shall file a main brief in support of the review, together with a
				request for oral argument, if desired. At the same time, the Department or
				person requesting review shall, pursuant to Rule   42-2.014, F.A.C., designate
				any part of the record it deems pertinent. Both the original brief and the
				designation of the record shall be filed with the Secretary of the Commission,
				with a copy of the brief and the designation of the record served in accordance
				with Rule   42-2.019, F.A.C.
(2)
				Answer briefs shall be filed and served within 15 days of the service of the
				main brief along with the designation of any additional record deemed
				necessary, and a request for oral argument, if desired. No additional briefs
				may be filed.
(3) Briefs shall not
				exceed 50 pages and shall be prepared in substantial conformity to the style
				and content requirements set forth in Rule 9.210, Florida Rules of Appellate
				Procedure.
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  373.114,  380.07 FS.
New 6-8-77, Formerly 22G-1.15, Amended 2-7-84, Formerly
					 27G-1.15, Amended 2-20-94, 3-15-95.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.016 - Motions

Current through Reg. 50, No. 138; July 16, 2024
Procedural motions shall be granted or denied by the
				 Secretary. Other motions permitted by the Florida Rules of Appellate Procedure
				 may be made where appropriate and shall be disposed of at the Commission's
				 final hearing.
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  373.114,  380.07 FS.
New 6-8-77, Formerly 22G-1.16, Amended 2-7-84, Formerly
					 27G-1.16, Amended 3-15-95.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.019 - Filing and Service of Documents (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority  373.114(1)(f),  380.07(1)  FS. Law
					 Implemented  373.114,  380.07 FS.
New 6-8-77, Formerly 22G-1.19, Amended 2-7-84, Formerly
					 27G-1.19, Amended 2-20-94, Repealed
					 5-31-15.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.020 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
For the purposes of Rule   42-2.021, F.A.C., the following
				 terms shall have the following meanings:
(1) "Commission" shall mean the Governor and
				Cabinet sitting as the Florida Land and Water Adjudicatory
				Commission.
(2) "Department" means
				the Department of Agriculture and Consumer Services.
(3) "Land management agency" means the agency
				charged with managing publicly owned lands.
(4) "Local arthropod control agency" means
				the county, city, or district charged with arthropod control over publicly
				owned lands.
(5) "Rendered" or
				"rendition" means the act of the Department in transmitting by certified U.S.
				mail a recommended public lands control plan to the land management agency and
				the local arthropod control agency.
(6) "Secretary" shall mean the Secretary of
				the Florida Land and Water Adjudicatory Commission, who is also the Clerk of
				the Commission.
Rulemaking Authority  388.4111(2)(c)  FS. Law Implemented
					  388.4111 FS.
New 8-5-87.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42 - Departmental › Chapter 42-2 - RULES OF APPEALS PROCEDURE › Section 42-2.021 - Initiation of Appeal

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose of Rules   42-2.020 and
				  42-2.021, F.A.C., is to establish rules of procedure for the conduct of appeals
				of public lands control plans before the Commission. The appeals process may be
				initiated only after attempts have been made to formulate a plan by the local
				arthropod control agency, the land management agency, the Florida Coordinating
				Council on Mosquito Control, and the Department pursuant to Section   388.4111,
				F.S., and Rule   5E-13.042, F.A.C.
(2) In any proceeding arising under Section
				  388.4111(2)(c), F.S., review by the Commission may be initiated by the land
				management agency or the local arthropod control agency if the land management
				agency and the local arthropod control agency fail to agree to a recommended
				public lands control plan within thirty (30) days after the plan is rendered by
				the Department. The land management agency or local arthropod control agency
				may initiate an appeal by filing a petition with the Secretary of the
				Commission within seventy-five (75) days following the rendition of the
				recommended public lands control plan. Copies of the petition shall be served
				on each member of the Commission, on the Secretary of the Department, and on
				any person named in the petition. The petition shall identify the recommended
				public lands control plan requested to be reviewed; the relevant procedural
				events which occurred prior to the filing of the petition; the reasons for the
				appeal or the errors charged, stated with particularity; and the action
				requested to be taken by the Commission as a result of the appeal, whether to
				adopt or modify the proposed public lands control plan. A copy of relevant
				portions of the public lands control plan sought to be reviewed shall be
				attached.
(3) Within seven (7) days
				from receipt of the petition, the Secretary shall determine that the petition
				contains all elements listed in subsection (2), herein. If the Secretary
				determines that the petition does not contain the required elements, he shall
				notify the petitioner, in writing, identifying the missing elements. The
				petitioner shall have fifteen (15) days from the date of such written notice to
				submit the necessary additional information. A determination of insufficiency
				by the Secretary shall toll the time schedule for filing pleadings and
				performing other actions until the insufficiency is cured.
Rulemaking Authority  388.4111(2)(c)  FS. Law Implemented
					  388.4111 FS.
New 8-5-87.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42A - Indian Trace Community Development District › Chapter 42A-1 - INDIAN TRACE COMMUNITY DEVELOPMENT DISTRICT › Section 42A-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Indian Trace Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  120.54,
					  190.004,  190.005 FS.
New 6-29-81, Formerly
					 42A-1.01.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42A - Indian Trace Community Development District › Chapter 42A-1 - INDIAN TRACE COMMUNITY DEVELOPMENT DISTRICT › Section 42A-1.002 - Boundary

Current through Reg. 50, No. 138; July 16, 2024
The boundaries of the District are as follows:
Approximately 13, 600 acres in unincorporated Broward County,
				 bounded on the north by State Road 84, on the east by S. W. 160th Avenue, on
				 the south by C-11 Canal (Griffin Road), and on the west by U.S. Highway 27
				 (excluding the "Bonaventure" project).
Rulemaking Authority  190.005 FS. Law Implemented  120.54,
					  190.004,  190.005 FS.
New 6-29-81, Formerly
					 42A-1.02.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42A - Indian Trace Community Development District › Chapter 42A-1 - INDIAN TRACE COMMUNITY DEVELOPMENT DISTRICT › Section 42A-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: Norman A. Cortese, Robert E. Huebner,
				 Ellen Gibbs Mills, Edward F. Kosnick, F. A. Mapleton.
Rulemaking Authority  190.005 FS. Law Implemented  120.54,
					  190.004,  190.005 FS.
New 6-29-81, Formerly
					 42A-1.03.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42A - Indian Trace Community Development District › Chapter 42A-1 - INDIAN TRACE COMMUNITY DEVELOPMENT DISTRICT › Section 42A-1.004 - Effective Date

Current through Reg. 50, No. 138; July 16, 2024
This rule shall become effective July 15,
				 1981.
Rulemaking Authority  190.005 FS. Law Implemented  120.54,
					  190.004,  190.005 FS.
New 6-29-81, Formerly
					 42A-1.04.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42C - Tampa Palms Community Development District › Chapter 42C-1 - TAMPA PALMS COMMUNITY DEVELOPMENT DISTRICT › Section 42C-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Tampa Palms Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  120.53(1),
					  190.005 FS.
New 6-13-82, Formerly
					 42C-1.01.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42C - Tampa Palms Community Development District › Chapter 42C-1 - TAMPA PALMS COMMUNITY DEVELOPMENT DISTRICT › Section 42C-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: Frank E. Mackle, III, Paul M. Schaefer,
				 Richard F. Schulte, Edward G. Grafton, William I. Levingston.
Rulemaking Authority  190.005 FS. Law Implemented  120.53(1),
					  190.005 FS.
New 6-13-82, Formerly
					 42C-1.03.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42D - Port LaBelle Community Development District › Chapter 42D-1 - PORT LABELLE COMMUNITY DEVELOPMENT DISTRICT › Section 42D-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Port LaBelle Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  120.53(1),
					  190.005 FS.
New 10-24-82, Formerly
					 42D-1.01.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42D - Port LaBelle Community Development District › Chapter 42D-1 - PORT LABELLE COMMUNITY DEVELOPMENT DISTRICT › Section 42D-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of supervisors: C. C. Crump, Gordon Pfersich, James E.
				 Clark, Wayne L. Allen, Lawrence W. Mobley.
Rulemaking Authority  190.005 FS. Law Implemented  120.53(1),
					  190.005 FS.
New 10-24-82, Formerly
					 42D-1.03.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42E - Dunes Community Development District › Chapter 42E-1 - DUNES COMMUNITY DEVELOPMENT DISTRICT › Section 42E-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Dunes Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 10-22-85, Formerly
					 42E-1.01.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42E - Dunes Community Development District › Chapter 42E-1 - DUNES COMMUNITY DEVELOPMENT DISTRICT › Section 42E-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: David Raborn, Gary Walters, Alan Smolen,
				 Sam Butler, and Bill Armour.
Rulemaking Authority  190.005 FS. Law Implemented  190.006(1) 
					 FS.
New 10-22-85, Formerly
					 42E-1.03.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42F - Gateway Services Community Development District › Chapter 42F-1 - GATEWAY SERVICES COMMUNITY DEVELOPMENT DISTRICT › Section 42F-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Gateway Services Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 5-22-86, Amended
					 7-29-02.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42F - Gateway Services Community Development District › Chapter 42F-1 - GATEWAY SERVICES COMMUNITY DEVELOPMENT DISTRICT › Section 42F-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: Steven R. Whitley, Roger G. Nooe, Andre J.
				 Patrone, Douglas Brown, and W. Harmon Turner.
Rulemaking Authority  190.005 FS. Law Implemented  190.005,
					  190.006 FS.
New 5-22-86.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42G - Capron Trail Community Development District › Chapter 42G-1 - CAPRON TRAIL COMMUNITY DEVELOPMENT DISTRICT › Section 42G-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Capron Trail Community Development District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 5-17-88.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42G - Capron Trail Community Development District › Chapter 42G-1 - CAPRON TRAIL COMMUNITY DEVELOPMENT DISTRICT › Section 42G-1.002 - Boundary

Current through Reg. 50, No. 138; July 16, 2024
The boundaries of the district are those set forth in Exhibit
				 4 to the Petition to Amend the Boundary of the Capron Trail Community
				 Development District filed with the Commission on May 5, 2023, under Commission
				 Case Number CDD-23-001. The Petition to Amend the Boundary of the Capron Trail
				 Community Development District filed with the Commission on May 5, 2023, under
				 Commission Case Number CDD-23-001, is hereby incorporated by reference, and
				 available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16306
,
				 and copies of which are available by contacting the Clerk of the Florida Land
				 and Water Adjudicatory Commission at Office of the Governor, Room 1802, The
				 Capitol, Tallahassee, Florida 32399-0001.
The total Capron Trail Community Development District area =
				 5, 878.77 acres, more or less.
Rulemaking Authority  190.005,  190.046 FS. Law Implemented
					  190.005,  190.006,  190.046 FS.
New 5-17-88, Amended
					 3-6-24.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42G - Capron Trail Community Development District › Chapter 42G-1 - CAPRON TRAIL COMMUNITY DEVELOPMENT DISTRICT › Section 42G-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: Edgar A. Brown, Joseph P. Strazzulla,
				 Douglas S. Putnam, Charles Stone, Jr., and Dr. Kenneth
				 Fulton.
Rulemaking Authority  190.005 FS. Law Implemented  190.005,
					  190.006 FS.
New 5-17-88.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42H - The Crossings at Fleming Island Community Development District › Chapter 42H-1 - THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT (CDD) › Section 42H-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The Crossings at Fleming Island Community Development
				 District is hereby created.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 11-20-89.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42H - The Crossings at Fleming Island Community Development District › Chapter 42H-1 - THE CROSSINGS AT FLEMING ISLAND COMMUNITY DEVELOPMENT DISTRICT (CDD) › Section 42H-1.003 - Supervisors

Current through Reg. 50, No. 138; July 16, 2024
The following five persons are designated as the initial
				 members of the Board of Supervisors: Gary Howell, William O. (Bill) Cannon,
				 Joan Meeks, G. Preston Keyes, and Frank E. Westmark.
Rulemaking Authority  190.005 FS. Law Implemented  190.006(1) 
					 FS.
New 11-20-89.
Florida Administrative Code › 42 - FLORIDA LAND AND WATER ADJUDICATORY COMMISSION › 42I - St. Lucie West Community Development District › Chapter 42I-1 - THE ST. LUCIE WEST SERVICES DISTRICT › Section 42I-1.001 - Creation

Current through Reg. 50, No. 138; July 16, 2024
The St. Lucie West Services District is hereby
				 created.
Rulemaking Authority  190.005 FS. Law Implemented  190.005 FS.
New 1-1-90.