Florida Regulations 62C-17.0035: Eligibility of Parcels
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(1) The Department will presume that a property is eligible or ineligible to participate in this program from the perspective of site characteristics based on the conclusions contained in the Report.
(2) Notwithstanding the presumption of eligibility set forth in subsection (1), above, the Department will presume that the following lands are not eligible to participate in this program;
(a) Lands included in a reclamation program approved by the Department pursuant to Florida Statutes Chapter 211, Part II, and subsequently determined to be abandoned pursuant to Florida Statutes Chapter 211,
(b) Any lands included in a reclamation program approved by the Department pursuant to Florida Statutes Chapter 211, Part II, on or after July 1, 1978, and which have not been or will not be withdrawn from the approved reclamation program; and,
(c) Any lands put into use as a clay settling area or dammed for use with a clay settling area after July 1, 1984.
(3) Additional lands disturbed by the severance of phosphate rock prior to July 1, 1975, may be determined eligible or ineligible through Department re-evaluation or evaluation of a Request to Evaluate the Status of Disturbed Lands, as more fully set out in Fl. Admin. Code R. 62C-17.004
(4) Lands otherwise eligible but which have been included in a mitigation agreement resulting from a breach or alleged breach of either a reclamation program approved by the Department or any provision of Fl. Admin. Code Chapter 62C-16, are excluded from participation in this program.
Rulemaking Authority 378.021, 378.034, 378.038 FS. Law Implemented 378.021, 378.034, 378.036, 378.038 FS. History-New 3-24-82, Amended 1-10-85, Formerly 16C-17.035, Amended 12-25-86, Formerly 16C-17.0035.
(2) Notwithstanding the presumption of eligibility set forth in subsection (1), above, the Department will presume that the following lands are not eligible to participate in this program;
(a) Lands included in a reclamation program approved by the Department pursuant to Florida Statutes Chapter 211, Part II, and subsequently determined to be abandoned pursuant to Florida Statutes Chapter 211,
(b) Any lands included in a reclamation program approved by the Department pursuant to Florida Statutes Chapter 211, Part II, on or after July 1, 1978, and which have not been or will not be withdrawn from the approved reclamation program; and,
(c) Any lands put into use as a clay settling area or dammed for use with a clay settling area after July 1, 1984.
(3) Additional lands disturbed by the severance of phosphate rock prior to July 1, 1975, may be determined eligible or ineligible through Department re-evaluation or evaluation of a Request to Evaluate the Status of Disturbed Lands, as more fully set out in Fl. Admin. Code R. 62C-17.004
(4) Lands otherwise eligible but which have been included in a mitigation agreement resulting from a breach or alleged breach of either a reclamation program approved by the Department or any provision of Fl. Admin. Code Chapter 62C-16, are excluded from participation in this program.
Rulemaking Authority 378.021, 378.034, 378.038 FS. Law Implemented 378.021, 378.034, 378.036, 378.038 FS. History-New 3-24-82, Amended 1-10-85, Formerly 16C-17.035, Amended 12-25-86, Formerly 16C-17.0035.