Fla. Admin. Code Ann. R. 62C-17.0095 - Reclamation Contracts Assignment
(1)
Reclamation contracts are not assignable without the approval of the
Department. The Department may approve the assignment of a reclamation contract
if there is not to be any modification to the approved reclamation program. The
Department must approve all assignments involving reclamation program
modifications.
(2) Where, prior to
the issuance of a certification of reclamation completion pursuant to Rule
62C-17.013, F.A.C., and the
expiration of any post reclamation conditions stipulated in a reclamation
contract, a Landowner wishes to transfer, by sale or otherwise, fee title to
lands which have been included in a reclamation contract and where the
transferee desires the assignment of the reclamation contract to him, then the
transferrer or transferee may request that the reclamation contract be
assigned.
(3) Should the fee title
of lands included in a reclamation contract be transferred, by sale or
otherwise, to a new owner without the assignment of the reclamation contract,
the Landowner named in the reclamation contract shall retain all obligations to
perform under the reclamation contract. If the Landowner fails to perform under
the reclamation contract, the Department shall take appropriate legal action to
recover cost of damages.
Notes
Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.035, 378.038 FS.
New 1-10-85, Amended 12-3-85, Formerly 16C-17.095, 16C-17.0095.
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