Section 5M-15.003 - Eligibility for a Binding DeterminationIn order for the Department to conduct a binding determination under Section 373.407, F.S., the following conditions must exist:
(1) The activities in question must be on lands classified as agricultural by the county property appraiser pursuant to Section 193.461, F.S. Proof of classification status may be provided by the requesting party or confirmed by the Department through the county property appraiser.(2) The activities in question must not previously have been authorized by an environmental resource permit or a management and storage of surface water permit issued pursuant to Chapter 373, Part IV, F.S., or by a dredge and fill permit issued pursuant to Chapter 403, F.S. The water management district shall provide a statement as to whether the activities in question were previously authorized by any of these types of permits.(3) There must be a dispute between the landowner and the water management district as to the applicability of the exemption. The dispute must be documented as provided in Rule 5M-15.004, F.A.C.Fla. Admin. Code Ann. R. 5M-15.003
Rulemaking Authority 373.407 FS. Law Implemented 373.406(2), 373.407 FS.