Florida Regulations 62C-17.012: Inspections, Cost Reporting and Auditing
Current as of: 2024 | Check for updates
|
Other versions
(1) Inspections.
(a) The Landowner, by executing the reclamation contract, authorizes the employees of the Department to enter upon the program site, upon prior notification to the Landowner, during normal business hours to inspect for compliance with the reclamation contract. All Department staff conducting inspections shall display appropriate identification and comply with all Landowner safety guidelines at all times.
(b) Informal inspections by the Department shall occur on an irregular basis at a frequency necessary to ensure compliance with the reclamation contract. All program sites shall be formally inspected at least quarterly. A formal inspection for purposes of reimbursement or certifying completion of reclamation to a particular stage or totally shall be made at the written request of and in the company of the Landowner.
(c) Prior to initiating nonreimbursable activities on the program site as permitted by subsection 62C-17.009(11), F.A.C., the Landowner shall notify the Department, in writing, of the anticipated initiation date of the nonreimbursable activities and request a formal inspection to ensure that the reimbursable activities performed prior to the nonreimbursable activities comply with the reclamation contract.
(d) The Landowner’s written request for a formal inspection shall include a certification signed and bearing the seal of an engineer registered to practice in the State of Florida, that the completed reclamation is in accordance with the reclamation contract.
(e) Upon receipt of the Landowner’s written request for a formal inspection, the Department shall within thirty (30) days conduct an appropriate inspection of the program site. If the inspection reveals that the program site is in compliance with the reclamation contract, the Department shall, within thirty (30) days, provide the Landowner an appropriate certification. Certification of reclamation completion to a particular stage shall constitute final action for that stage and subsequent inspections shall address subsequent reclamation activities and remedial actions such as correction of erosion problems or replanting of vegetation, if such is found necessary. Should the inspection reveal that the program site is not in compliance with the reclamation contract, the Department shall, within thirty (30) days, notify the Landowner by certified mail of the noncompliance. The Landowner shall, within thirty (30) days from the date of the certification of the notice, correct the noncompliance. A period longer than thirty (30) days to correct the noncompliance may be granted, in writing, by the Department upon the receipt of the Landowner’s written request. Once the noncompliance has been corrected, the Landowner shall request, in writing, an inspection to verify that the program site is in compliance. If noncompliance is not corrected within the allotted time, the Department shall take the appropriate action to foreclose on the mortgage or to collect the face value of the surety bond or letter of credit required by Fl. Admin. Code Chapter 69I-44, and may recommend to the Department that the Department take charge of the program site pursuant to the reclamation contract and complete the approved reclamation program.
(f) Once the reclamation has been certified complete pursuant to Fl. Admin. Code R. 62C-17.013, inspections by the Department shall continue, if applicable, on an irregular basis and at least once per calendar year for a period of five (5) years after the date of the certification of reclamation completion to ensure compliance with the five (5) year alteration or agricultural use stipulations of the reclamation contract.
(g) The Department shall prepare a written report on each inspection and shall provide a copy of the report to the Landowner.
(2) Cost Reporting.
(a) The Landowner shall provide the Department with a certified report of program incurred costs and progress, on forms provided by the Department, made during each calendar quarter of a reclamation contract beginning three (3) calendar months after the effective date of the reclamation contract. Each quarterly report shall be due within thirty (30) days following the last day of each quarter. Form DEP 53-001(16) “”Quarterly Planned and Expenditure Report”” is incorporated by reference into this rule effective November 1985. Copies of the form may be obtained from the Department.
(b) For all programs involving the use of the Landowner’s employees, equipment, or inventorial materials and supplies to perform approved reclamation activities, the Landowner shall provide the Department, prior to submitting the first reimbursement request, detailed information to verify the reimbursable cost for labor, equipment and/or inventorial materials and supplies and to ensure compliance with “”Reclamation Work Performed By Landowner”” section of Fl. Admin. Code Chapter 69I-44 Information required by the Department by way of illustration and not by way of limitation will be:
1. A listing of all job classifications or employee names, with a description of their duties, equipment and inventorial materials and supplies anticipated to be used in performing the reclamation indicating the per worked hour or item cost,
2. A detailed description of the procedures to be used to accumulate worked hours and quantities of supplies and materials used; and,
3. Copies of all forms to be used in accounting for and accumulating worked hours and quantities of supplies and materials used.
(c) Forms for Landowners’ cost reporting on reimbursement requests are included by reference into this rule effective November 1985. The following forms with titles are included: DEP 53-006(16) “”Landowner’s Labor and Travel Cost Schedule,”” DEP 53-007(16) “”Landowner’s Stock Material Cost Schedule,”” DEP 53-008(16) “”Direct Material Purchases Schedule,”” and DEP 53-009(16) “”Landowner’s Equipment Cost.”” Copies of all forms are available from the Department.
(3) Auditing.
(a) Fiscal records shall be maintained in a manner prescribed by Fl. Admin. Code Chapter 69I-44
(b) Audits will be performed as necessary to ensure compliance with the applicable rules and to certify reclamation cost.
(c) Prior to any audit, the Department shall give the Landowner notice of the proposed audit.
(d) The Department performing the audit shall prepare a written report on each audit and shall provide a copy of the report to the Landowner. The Landowner shall respond, in writing, to the findings and recommendations of the report within thirty (30) days of the certification of receipt.
Rulemaking Authority 378.021, 378.035 FS. Law Implemented 378.021, 378.035, 378.038 FS. History-New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.12, Amended 6-13-91, Formerly 16C-17.012.
Terms Used In Florida Regulations 62C-17.012
- Contract: A legal written agreement that becomes binding when signed.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
(b) Informal inspections by the Department shall occur on an irregular basis at a frequency necessary to ensure compliance with the reclamation contract. All program sites shall be formally inspected at least quarterly. A formal inspection for purposes of reimbursement or certifying completion of reclamation to a particular stage or totally shall be made at the written request of and in the company of the Landowner.
(c) Prior to initiating nonreimbursable activities on the program site as permitted by subsection 62C-17.009(11), F.A.C., the Landowner shall notify the Department, in writing, of the anticipated initiation date of the nonreimbursable activities and request a formal inspection to ensure that the reimbursable activities performed prior to the nonreimbursable activities comply with the reclamation contract.
(d) The Landowner’s written request for a formal inspection shall include a certification signed and bearing the seal of an engineer registered to practice in the State of Florida, that the completed reclamation is in accordance with the reclamation contract.
(e) Upon receipt of the Landowner’s written request for a formal inspection, the Department shall within thirty (30) days conduct an appropriate inspection of the program site. If the inspection reveals that the program site is in compliance with the reclamation contract, the Department shall, within thirty (30) days, provide the Landowner an appropriate certification. Certification of reclamation completion to a particular stage shall constitute final action for that stage and subsequent inspections shall address subsequent reclamation activities and remedial actions such as correction of erosion problems or replanting of vegetation, if such is found necessary. Should the inspection reveal that the program site is not in compliance with the reclamation contract, the Department shall, within thirty (30) days, notify the Landowner by certified mail of the noncompliance. The Landowner shall, within thirty (30) days from the date of the certification of the notice, correct the noncompliance. A period longer than thirty (30) days to correct the noncompliance may be granted, in writing, by the Department upon the receipt of the Landowner’s written request. Once the noncompliance has been corrected, the Landowner shall request, in writing, an inspection to verify that the program site is in compliance. If noncompliance is not corrected within the allotted time, the Department shall take the appropriate action to foreclose on the mortgage or to collect the face value of the surety bond or letter of credit required by Fl. Admin. Code Chapter 69I-44, and may recommend to the Department that the Department take charge of the program site pursuant to the reclamation contract and complete the approved reclamation program.
(f) Once the reclamation has been certified complete pursuant to Fl. Admin. Code R. 62C-17.013, inspections by the Department shall continue, if applicable, on an irregular basis and at least once per calendar year for a period of five (5) years after the date of the certification of reclamation completion to ensure compliance with the five (5) year alteration or agricultural use stipulations of the reclamation contract.
(g) The Department shall prepare a written report on each inspection and shall provide a copy of the report to the Landowner.
(2) Cost Reporting.
(a) The Landowner shall provide the Department with a certified report of program incurred costs and progress, on forms provided by the Department, made during each calendar quarter of a reclamation contract beginning three (3) calendar months after the effective date of the reclamation contract. Each quarterly report shall be due within thirty (30) days following the last day of each quarter. Form DEP 53-001(16) “”Quarterly Planned and Expenditure Report”” is incorporated by reference into this rule effective November 1985. Copies of the form may be obtained from the Department.
(b) For all programs involving the use of the Landowner’s employees, equipment, or inventorial materials and supplies to perform approved reclamation activities, the Landowner shall provide the Department, prior to submitting the first reimbursement request, detailed information to verify the reimbursable cost for labor, equipment and/or inventorial materials and supplies and to ensure compliance with “”Reclamation Work Performed By Landowner”” section of Fl. Admin. Code Chapter 69I-44 Information required by the Department by way of illustration and not by way of limitation will be:
1. A listing of all job classifications or employee names, with a description of their duties, equipment and inventorial materials and supplies anticipated to be used in performing the reclamation indicating the per worked hour or item cost,
2. A detailed description of the procedures to be used to accumulate worked hours and quantities of supplies and materials used; and,
3. Copies of all forms to be used in accounting for and accumulating worked hours and quantities of supplies and materials used.
(c) Forms for Landowners’ cost reporting on reimbursement requests are included by reference into this rule effective November 1985. The following forms with titles are included: DEP 53-006(16) “”Landowner’s Labor and Travel Cost Schedule,”” DEP 53-007(16) “”Landowner’s Stock Material Cost Schedule,”” DEP 53-008(16) “”Direct Material Purchases Schedule,”” and DEP 53-009(16) “”Landowner’s Equipment Cost.”” Copies of all forms are available from the Department.
(3) Auditing.
(a) Fiscal records shall be maintained in a manner prescribed by Fl. Admin. Code Chapter 69I-44
(b) Audits will be performed as necessary to ensure compliance with the applicable rules and to certify reclamation cost.
(c) Prior to any audit, the Department shall give the Landowner notice of the proposed audit.
(d) The Department performing the audit shall prepare a written report on each audit and shall provide a copy of the report to the Landowner. The Landowner shall respond, in writing, to the findings and recommendations of the report within thirty (30) days of the certification of receipt.
Rulemaking Authority 378.021, 378.035 FS. Law Implemented 378.021, 378.035, 378.038 FS. History-New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.12, Amended 6-13-91, Formerly 16C-17.012.