62C-17.004. Reevaluation of Parcels

(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 Department 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 Department 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 Department of an intent to prepare a reclamation application prior to submittal of the application, for the purpose of permitting the Department to review the current status of the site.

(3) A Request to Evaluate the Status of Disturbed Lands shall include at least the following information:

(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 the Report;

(d) A map showing the location of the property;

(e) A general description of the condition of the property at the time the Request is filed;

(f) A statement of whether the Landowner or the affected person requests the property to be declared eligible or ineligible under the program; and

(g) 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, 1975.

(4) A Request to evaluate the status of disturbed lands may be filed with the Department 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.

Rulemaking Authority 378.021, 378.038 FS. Law Implemented 378.021, 378.038 FS. History–New 3-24-82, Amended 1-10-85, 12-3-85, Formerly 16C-17.04, Amended 12-25-86, 6-13-91, Formerly 16C-17.004.