Fla. Admin. Code Ann. R. 68F-54.003 - Definitions

(1) "Aquatic plant" means any plant, including a floating, emersed, submersed or ditchbank species, growing in or closely associated with an aquatic environment, and includes any part or seed of such plant.

(2) "Budget" means the detailed anticipated expenditures including anticipated federal, state or local funds which are within the categories designated eligible by this chapter for the fiscal year for which funding is being allocated.

(3) "Commission" means the Florida Fish and Wildlife Conservation Commission.

(4) "Connection" means any depression, ditch, canal, culvert, pipe, or any other natural or man-made conveyance, whether permanent or intermittent, which joins the surface water of one waterbody to the surface water of another waterbody in such a manner as to allow the interchange of water between the waterbodies. Waterbodies with conveyances which are subject to man-made controls, including but not limited to dams, weirs, water control gates, and valves, which are preventing the interchange of water between waterbodies at the time of the use of a herbicide for aquatic plant management activities and throughout any water use restriction periods required by the herbicide product label, shall not be considered to be connected.

(5) "Contract" means a written agreement which outlines the obligations of the Commission and the contractor and constitutes an aquatic plant control permit under subsection 68F-20.002(8), F.A.C.

(6) "Contractor" means any government agency or private sector company with which the Commission has entered into a contractual agreement to reimburse eligible costs associated with managing aquatic plants.

(7) "Control area" means an area of water containing the aquatic plant management site within which opportunity exists for the mixture of water temporarily degraded by management activities with receiving or adjacent waters, and the area of water in which the use of a herbicide or mechanical aquatic plant management activity is undertaken.

(8) "Corps" means the United States Army Corps of Engineers, an administrative subdivision of the United States Government.

(9) "Ditchbank species" means those plants usually growing not directly in water but near water's edge at normal water level.

(10) "Eligible costs" means costs identified by the contract as being reimbursable.

(11) "Federal funds" means those aquatic plant management funds provided by the Corps.

(12) "Fiscal year" means the state fiscal year, July 1 through June 30.

(13) "Herbicide" means any chemical product used to chemically control or regulate aquatic plant growth.

(14) "Local government" means a county or municipal government.

(15) "Maintenance program" means a method for the management of aquatic plants in which techniques are used in a coordinated manner as determined by the Commission.

(16) "Manatee aggregation site" means a specific area within a waterbody or canal system where manatees periodically congregate, as identified by the section in consultation with the U.S. Fish and Wildlife Service and the Commission's Imperiled Species Management Section.

(17) "Noxious aquatic plant" means any part, including but not limited to seeds or reproductive parts, of an aquatic plant which has the potential to hinder the growth of beneficial plants, to interfere with irrigation or navigation, or to adversely affect the public welfare or the natural resources of this state.

(18) "Section" means the Invasive Plant Management Section, an administrative subdivision of the Florida Fish and Wildlife Conservation Commission.

(19) "Sovereignty lands" means, pursuant to Article X, Section 11, Constitution of the State of Florida, the title to lands under navigable waters, within the boundaries of the state, which have not been alienated, including beaches below mean high water lines, is held by the state, by virtue of its sovereignty, in trust for all the people.

(20) "State funds" means those aquatic plant management funds provided by Legislative appropriation.

(21) "Task assignment" means an executed agreement between the Commission and the contractor that authorizes all of the workplans and an approved budget for the contractor's area of operations for a given fiscal year.

(22) "Waters" or "Waters of the state" means rivers, streams, lakes, navigable waters and associated tributaries, canals, meandered lakes, enclosed water systems, and all other bodies of water.

(23) "Workplan" means an outline of the anticipated aquatic plant management operations to be conducted on a given waterbody for a given fiscal year.

Notes

Fla. Admin. Code Ann. R. 68F-54.003

Rulemaking Authority 369.20, 369.22 FS. Law Implemented 369.20, 369.22 FS.

New 1-7-87, Amended 5-30-93, Formerly 16C-54.003, 62C-54.003, Amended 10-9-12.

New 1-7-87, Amended 5-30-93, Formerly 16C-54.003, 62C-54.003, Amended 10-9-12.