378.205 Administration; powers and duties of the department; agency review responsibility. - Florida Statutes

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 of appropriate credentials and other documents as may be required by law, to enter on and inspect at reasonable times and intervals for the purpose of assuring compliance with ss. 378.202-378.212, any lands that are subject to ss. 378.202-378.212.

   (c) To prescribe the forms for conceptual reclamation plan applications and annual reports.

   (d) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this part.

   (2) The department will be the lead agency responsible for phosphate mine reclamation in accordance with the provisions of this part and with the rules adopted by the department. The department may seek comments from appropriate federal, state, regional, or local governmental agencies to assist it in establishing rules, reviewing reclamation applications, or otherwise implementing the provisions of this part. The department’s consideration of comments on proposed conceptual reclamation plans and reclamation programs shall be limited to matters within the jurisdiction of the commenting agency.

   (3) Administrative challenges to proposed state agency actions regarding phosphate mines and reclamation pursuant to this chapter or part IV of chapter 373 are subject to the summary hearing provisions of s. 120.574, except that the summary proceeding must be conducted within 90 days after a party files a motion for summary hearing, regardless of whether the parties agree to the summary proceeding and the administrative law judge’s decision is a recommended order and not a final order.

History. s. 1, ch. 86-294; ss. 320, 506, ch. 94-356; s. 90, ch. 98-200; s. 5, ch. 2008-150.