Fla. Admin. Code Ann. R. 69I-44.004 - Recoverable Costs

(1) Only those moneys reasonably necessary and actually expended to effect reclamation shall be paid from the fund. Such sums so paid shall not exceed the maximum limitations imposed by section 378.037(1)(b), F.S. The following items, by way of illustration and not by way of limitation, will not be considered as having been reasonably necessary or actually expended for such reclamation:

(a) Fines, penalties, or assessments imposed by a governmental entity for noncompliance with its laws, ordinances, rules, or regulations.

(b) Expenses associated with defending or settling any action mentioned in paragraph (a), above.

(c) Financing or interest expenses of any description.

(d) Economic or opportunity costs associated with reclamation activities.

(e) Expenses which are not directly associated with performing the reclamation project.

(f) Expenses incurred as a result of selection of a reimbursement method other than the Final Completion Method which would not have been incurred if the Final Completion Method had been selected. Such expenses shall include by way of example and not by way of limitation; bond fees, attorney fees, recording costs, title certification, etc.

(2) It is the landowner's responsibility to justify to the Department that all costs for which reimbursement is requested are necessary, reasonable, and actually expended to effect reclamation of the project in accordance with the standards in the Master Reclamation Plan as provided in chapter 378.021, et seq., Florida Statutes.

Notes

Fla. Admin. Code Ann. R. 69I-44.004

Rulemaking Authority 17.29, 378.037(2) FS. Law Implemented 378.037 FS.

New 8-9-83, Amended 10-31-84, Formerly 3A-44.04, Amended 11-30-94, 1-27-98, Formerly 3A-44.004.

New 8-9-83, Amended 10-31-84, Formerly 3A-44.04, Amended 11-30-94, 1-27-98, Formerly 3A-44.004.