40E-4.091: Publications, Rules and Interagency Agreements Incorporated by Reference
PURPOSE AND EFFECT: To ensure any conservation easements, restrictive covenants or plat restrictions placed over property included in an environmental resource permit will be consistent with Section 704.06, Florida Statutes. In order to accomplish this purpose and ensure that the District's interests are legally protected, the District proposes to specify the language requirements for plat restrictions and to reference forms incorporated into the rules that will constitute consistency with Section 704.06, Florida Statutes, while still allowing flexibility for site specific factors to be considered in finalizing the documents.
SUBJECT AREA TO BE ADDRESSED: Real Property Conveyances and Restrictions, Section 4.3.8 of the Basis of Review for Environmental Resource Permit Applications Within the South Florida Water Management District.
SPECIFIC AUTHORITY: 373.044, 373.103(8), 373.113, 373.171, 373.413, 704.06 F.S.
LAW IMPLEMENTED: 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 704.06 F.S.
A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
TIME AND DATE: August 1, 2006, 9:00 a.m.
PLACE: South Florida Water Management District Headquarters, B-1 Auditorium, 3301 Gun Club Road, West Palm Beach, Florida 33406.
Although Governing Board meetings, hearings and workshops are normally recorded, affected persons are advised that it may be necessary for them to ensure that a verbatim record of the proceeding is made, including the testimony and evidence upon which any appeal is to be based. Persons with disabilities or handicaps who need assistance may contact the South Florida Water Management District Clerk's Office, at (561) 682-2087 at least two business days in advance to make appropriate arrangements.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anita Bain, Director, Natural Resource Management Division, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone 1-800-432-2045, extension 6866 or (561)682-6866, or by email to abain@sfwmd.gov). For procedural questions please contact Jan Sluth, Paralegal, South Florida Water Management District, Post Office Box 24680, West Palm Beach, FL 33416 4680, telephone 1-800-432-2045, extension 6299 or (561)682-6299, or by email to jsluth@sfwmd.gov).
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
40E-4.091 Publications, Rules and Interagency Agreements Incorporated by Reference.
(1) The following publications, rules and interagency agreements are incorporated by reference into this chapter, Chapters 40E-40, 40E-41 and 40E-400, F.A.C.:
(a) “Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District – ______________________2-12-06”.
(b) through (k) No Change.
(2) No Change.
Specific Authority 373.044, 373.113, 373.171, 373.413, 704.06 FS. Law Implemented 373.413, 373.4135, 373.414, 373.4142, 373.416, 373.418, 373.421, 373.426, 704.06 FS. History–New 9-3-81, Amended 1-31-82, 12-1-82, Formerly 16K-4.035(1), Amended 5-1-86, 7-1-86, 3-24-87, 4-14-87, 4-21-88, 11-21-89, 11-15-92, 1-23-94, 4-20-94, 10-3-95, 1-7-97, 12-3-98, 5-28-00, 8-16-00, 1-17-01, 7-19-01, 6-26-02, 6 -26-02, 4-6-03, 4-14-03, 9-16-03, 12-7-04, 2-12-06, ___________.
(The following represents proposed changes to the document entitled "Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District - 2-12-06" incorporated by reference in Rule 40E-4.091, F.A.C.)
4.3.8 Real Property Conveyances and Restrictions
(a) All conservation easements shall be granted in perpetuity without encumbrances, unless such encumbrances do not have the potential to adversely affect the ecological viability of the mitigation. All liens against the conservation easement site shall be released, be subordinated to, or joined with the conservation easement. All conservation easements and restrictive covenants shall be consistent with Section 704.06, F.S.; and shall contain restrictions that ensure the ecological viability of the site.
(b) Plat restrictions proposed to meet the requirements of Section 4.3.2.2 (Preservation) must contain the language contained in Section 704.06 (1)(a) – (h), F.S. and provide reasonable assurance of the preservation of the protected area in accordance with the permit in perpetuity. Plat language shall provide the District a third-party right to enforce the plat restrictions and shall further provide that the plat restrictions cannot be altered released or revoked without the prior written consent of the District.
(c) The use of Form No(s) 1190-1192 and 1194-1197, referenced in Chapter 40E-1.659, F.A.C., shall constitute consistency with Section 704.06, F.S. Where project specific conditions warrant deviation from the language of the accepted forms, alternative language may be accepted as long as it meets the provisions, purpose and intent of Section 704.06, F.S., and this Basis of Review.
(d)(b) All real property conveyances shall be in fee simple and by statutory warranty deed, special warranty deed, or other deed, without encumbrances that adversely affect the integrity of the preservation objectives. The District shall also accept a quit claim deed if necessary to aid in clearing minor title defects or otherwise resolving boundary questions.