(1) The Department
recognizes that certain lands identified as being eligible or ineligible to
participate in this program based on the conclusions contained in the Report may
have changed characteristics since the publication of the Report. Therefore, the
Bureau may reevaluate certain nonmandatory lands to determine their current
eligibility status. All changes in eligibility, other than lands which have been
reclaimed and certified as complete, shall be adopted by rule.
(2) Any Landowner who owns land which has been
presumed eligible or ineligible or any substantially affected person, including
the Department, may file with the Bureau a Request to Evaluate the Status of
Disturbed Lands to rebut the presumption of the status or to determine the status
of unevaluated property. Prospective applicants for reclamation of a site shall
notify the Bureau of an intent to prepare a reclamation application prior to
submittal of the application, for the purpose of permitting the Bureau to review
the current status of the site.
Request to Evaluate the Status of Disturbed Lands shall include at least the
(a) The name and address
of the Landowner or other affected person filing the request;
(b) The name and address of all persons holding
any interests in the property in question;
(c) If the Request concerns reevaluation of
property included in a parcel evaluated in the Report, the parcel number used in
(d) A map showing the
location of the property;
general description of the condition of the property at the time the Request is
(f) A statement of whether the
Landowner or the affected person requests the property to be declared eligible or
ineligible under the program; and
The facts necessary to support the requested status. Where a property has not
been previously evaluated, the statement of facts must include evidence that the
property was disturbed by the severance of phosphate rock prior to July 1,
(4) A Request to
evaluate the status of disturbed lands may be filed with the Bureau at any time.
Requests for evaluation must be in compliance with subsection 62C-17.004(3),
F.A.C., and shall be evaluated within five (5) years of the date the Request is
deemed complete. The Request to evaluate shall include physical evidence of
changes in or to the site which might indicate a change in eligibility.
Fla. Admin. Code Ann. R.
378.038, 370.021 FS. Law
New 3-24-82, Amended
1-10-85, 12-3-85, Formerly 16C-17.04, Amended 12-25-86, 6-13-91, Formerly