Section 5I-7.014 - Compliance, Monitoring and Enforcement(1) All Perpetual Easements acquired pursuant to this rule shall include provisions for assuring compliance, monitoring and enforcement of the terms and conditions of such Perpetual Easements.(2) The Department shall procure or require any landowner to provide any reports, maps, studies, or documents the Department deems necessary to document the existence and location of property boundaries, structures, environmental issues, conservation values, and natural features on the property in conjunction with and prior to closing for the purpose of developing a Baseline Documentation Report.(3) All Perpetual Easements shall require the landowner to enroll in, implement, and adhere to all applicable Florida Department of Agriculture and Consumer Services Best Management Practices (BMPs), such as those adopted in rule Divisions 5I, 5L, and 5M, F.A.C.(4) The Department shall determine the frequency of easement monitoring. All Perpetual Easements shall be monitored utilizing Form FDACS-11208, Rural & Family Lands Protection Program Easement Monitoring Form, Rev. 04/23, hereby incorporated by reference and immediately available on the internet at: http://www.flrules.org/Gateway/reference.asp?No=Ref-15425 or by sending a request to: the Florida Department of Agriculture and Consumer Services, Florida Forest Service, 3125 Conner Boulevard, Suite "J", Tallahassee, FL 32399-1650.(5) The monitor shall be a Department employee, other public agency selected by the Department, or an independent contractor hired by the Department.(6) The Department shall review all monitoring reports for compliance with monitoring specifications and consistency with terms and conditions of the Perpetual Easement.Fla. Admin. Code Ann. R. 5I-7.014
Rulemaking Authority 570.07(23), 570.71 (10), 259.105(3)(i) FS. Law Implemented 570.71, 259.105(3)(i) FS.
New 11-3-08, Amended by Florida Register Volume 41, Number 062, March 31, 2015 effective 4/14/2015, Amended by Florida Register Volume 49, Number 105, May 31, 2023 effective 6/12/2023.New 11-3-08, Amended 4-14-15, 6-12-23.