§ 378.201 Short title
§ 378.202 Legislative intent
§ 378.203 Definitions
§ 378.204 Applicability
§ 378.205 Administration; powers and duties of the department; agency review responsibility
§ 378.207 Reclamation criteria and standards
§ 378.208 Financial responsibility
§ 378.209 Timing of reclamation
§ 378.211 Violations; damages; penalties
§ 378.212 Variances

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Florida Statutes > Chapter 378 > Part II - Phosphate Land Reclamation

  • Acres mined: means all acres on which mining operations have resulted in extraction of phosphate rock. See Florida Statutes 378.203
  • Annual report: means a detailed report, including maps and aerial photographs, submitted for each mine, which describes and delineates mining operations and reclamation or restoration activities undertaken in the previous calendar year. See Florida Statutes 378.203
  • Appraisal: A determination of property value.
  • Conceptual reclamation plan: means a graphic and written description of general activities to be undertaken across the whole mine to comply with the reclamation standards and criteria contained in this part. See Florida Statutes 378.203
  • Conservation lands: means lands that are currently managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation, except those lands that were acquired solely to facilitate the acquisition of other conservation lands. See Florida Statutes 253.034
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Environmental Protection. See Florida Statutes 378.203
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Mine: means an area of land upon which mining operations have been conducted, are being conducted, or are planned to be conducted, as the term is commonly used in the trade. See Florida Statutes 378.203
  • Mining operations: means those physical activities, other than prospecting and site preparation, which are necessary for extraction, waste disposal, storage, or dam maintenance prior to abandonment. See Florida Statutes 378.203
  • minor: includes any person who has not attained the age of 18 years. See Florida Statutes 1.01
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • operator: includes a parent, its subsidiary, or division. See Florida Statutes 378.203
  • person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Public access: as used in this chapter and chapter 259, means access by the general public to state lands and water, including vessel access made possible by boat ramps, docks, and associated support facilities, where compatible with conservation and recreation objectives. See Florida Statutes 253.034
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Reclamation: means the reshaping of lands in a manner that meets the reclamation criteria and standards contained in this part. See Florida Statutes 378.203
  • Restoration: means the recontouring and revegetation of lands in a manner, consistent with the criteria and standards established under this part, which will maintain or improve the water quality and function of the biological systems present at the site prior to mining. See Florida Statutes 378.203
  • Revegetation: means , in reclaimed areas, a cover of vegetation consistent with the criteria and standards established pursuant to this part and consistent with the land form created and the future land uses. See Florida Statutes 378.203
  • Secretary: means the Secretary of Environmental Protection. See Florida Statutes 378.203