378.201 – Short title.
378.201 Short title.—This part may be cited as the “Phosphate Land Reclamation Act.” History.—s. 1, ch. 86-294.
378.202 – Legislative intent.
378.202 Legislative intent.—The Legislature finds that: (1) Florida is endowed with varied natural resources that provide recreational, environmental, and economic benefit to the people of this state. The extraction of phosphate is important to the continued economic well-being of the state and to the needs of society. While it is not possible to extract minerals without disturbing […]
378.203 – Definitions.
378.203 Definitions.—As used in this part, the term: (1) “Acres mined” means all acres on which mining operations have resulted in extraction of phosphate rock. (2) “Annual report” means a detailed report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations and reclamation or restoration activities undertaken in the previous calendar year. […]
378.204 – Applicability.
378.204 Applicability.—The provisions of this part apply to land subject to the mandatory reclamation obligation for the severance of solid mineral phosphate rock set forth in s. 211.32(1) and to those lands which are initially used after July 1, 1984, as a clay settling area or a dam for use with a clay settling area. Such […]
378.205 – Administration; powers and duties of the department; agency review responsibility.
378.205 Administration; powers and duties of the department; agency review responsibility.— (1) The department shall administer the provisions of this part and shall have the following powers and duties: (a) To issue conceptual reclamation plan approvals requiring an operator to take such actions as are necessary to comply with this part. (b) After proper notice, and upon the presentation […]
378.207 – Reclamation criteria and standards.
378.207 Reclamation criteria and standards.— (1) The department, by rule, shall adopt statewide criteria and standards for reclamation. Such rules shall recognize that surface mining takes place in diverse areas where the geologic, topographic, and edaphic conditions are different, and that reclamation operations and the specifications therefor may vary accordingly. The rules, recognizing technological limitations and economic […]
378.208 – Financial responsibility.
378.208 Financial responsibility.— (1) An operator of a mine shall provide appropriate financial assurance to the state that the reclamation of lands subject to the mandatory reclamation obligation will be completed in a timely manner. Compliance with the rate of reclamation established in s. 378.209 is deemed to be appropriate financial assurance. (2) Operators who are not in […]
378.209 – Timing of reclamation.
378.209 Timing of reclamation.— (1) Reclamation should be completed within 2 years after the completion of mining operations, exclusive of a growing season required to ensure establishment of vegetation. For purposes of this section, completion of reclamation occurs when initial revegetation is completed and not at the time of final release of the reclamation area. For the […]
378.211 – Violations; damages; penalties.
378.211 Violations; damages; penalties.— (1) The department may institute a civil action in a court of competent jurisdiction for injunctive or other appropriate relief to enforce compliance with this part, for the assessment of damages, or for both injunctive relief and damages. (2) The department may institute a civil action in a court of competent jurisdiction to impose […]
378.212 – Variances.
378.212 Variances.— (1) Upon application, the secretary may grant a variance from the provisions of this part or the rules adopted pursuant thereto. Variances and renewals thereof may be granted for any one of the following reasons: (a) There is no practicable means known or available to comply with the provisions of this part or the rules adopted […]