Section 28-27.005 - Definitions(1) "Administration commission" or "commission" means the Governor and the Cabinet, and for purposes of this chapter, the commission shall act on a simple majority.(2) "Aquifer" means an underground formation, or group of formations, or part of a formation, that is permeable enough to transmit and store usable quantities of water.(3) "Artesian Aquifer" means an aquifer that contains artesian water.(4) "Artesian Water" means ground water that is under sufficient pressure to rise above the level at which it is encountered by a well, but which does not necessarily rise to or above the surface of the ground.(5) "Board" means the Polk County Board of County Commissioners.(6) "Development, " see definition (46).(7) "Development order" means any order granting, denying, or granting with conditions an application for a development permit.(8) A "development permit" includes any building permit, zoning permit, plat approval, or rezoning, certification, variance, or other action having the effect of permitting development as defined in this chapter.(9) "Developer" means any person, including a governmental agency, undertaking any development as defined in this chapter.(10) "Discharge" means the outflow of water from a site, aquifer, or drainage basin.(11) "Drainage Facilities" means any canal, ditch, culvert, dike or other facility which lowers the surface or ground water table, acts as a conduit, diverts or directs the flow of water or otherwise affects the natural flow regime.(12) "Effective Precipitation" means that part of the precipitation (rainfall) which contributes to direct surface runoff.(13) "Flood Frequency" means the statistically determined average for how often a specific flood level of discharge may be equaled or exceeded.(14) "Floridan Aquifer" means the aquifer which consists of a series of limestone formations which range from middle Eocene to Miocene in age and that underlies most of Florida and is a major source of ground water for the state.(15) "Governmental agency" means: (a) The United States or any department, commission, agency, or other instrumentality thereof;(b) This state or any department, commission, agency, or other instrumentality thereof;(c) Any local government, as defined in this chapter, or any department, commission, agency, or other instrumentality thereof;(d) Any school board or other special district, authority, or other governmental entity.(16) "Green Swamp" means those lands within Polk County which lie within the boundaries delineated by the legal description in Rule 28-26.002, F.A.C.(17) "Ground Water" means water beneath the surface of the ground, whether or not flowing through known and definite channels.(18) "Hydroperiod" means that portion of the hydrologic cycle during which water is at or on the soil surface.(19) "Land" means the earth, water, and air, above, below, or on the surface, and includes any improvements or structures customarily regarded as land.(20) "Land development regulations" include local zoning, subdivision, building, and other regulations controlling the development of land.(21) "Land use" means the development that has occurred on land.(22) "Local government" means any county or municipality and, where relevant, any joint airport zoning board.(23) "Major public facility" means any publicly owned facility of more than local significance.(24) "Natural Flow Regime" means the velocity, volume, and direction of the surface or ground water flow presently occurring for any given portion of the Area of Critical State Concern.(25) "Parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit, or which has been used or developed as a unit.(26) "Peak Surface - Water Discharge" means the maximum discharge rate subsequent to an occurrence of effective precipitation.(27) "Person" means an individual, corporation, governmental agency, business trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal entity.(28) "Pine Flatwoods" means those discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative of a pine flatwood: Bushnell | Broward |
Immokalee | Eureka |
Ona | Myakka (Leon) |
Scranton | Panasoffkee |
Wabasso (Leon loamy substrata) | St. Johns |
Pompano Sand, acid | Wauchula (Leon, heavy substrata) |
Placid sand, slightly wet | |
(29) "Potentiometric Surface" means the imaginary surface coinciding with levels of artesian pressure.(30) "Recharge" means the downward percolation of surface water into any underground formation.(31) "Regional planning agency" means the agency designated by the state land planning agency to exercise responsibilities under this chapter in a particular region of the state.(32) "Regulatory Flood Level" means the level of the flood which is representative of large floods known to have occurred generally in the area and reasonably characteristic of what can be expected to occur on a particular stream. The Regulatory Flood generally has a flood frequency of approximately 100 years as determined from an analysis of floods in a particular area.(33) "Rule" means a rule adopted under Chapter 120, F.S.(34) "Rural Residence" means a single family residence which is to be a dwelling for the property owner.(35) "Site Alteration" means a development including, but not limited to, removal of, or damage to, vegetation; by filling, ditching, dredging, draining, excavation, earth moving, water containment and changes in the natural flow regime, or the effects of such actions.(36) "State land development plan" means a comprehensive statewide plan or any portion thereof setting forth state land development policies.(37) "State land planning agency" means the agency designated by law to undertake statewide comprehensive planning.(38) "Structure" means anything constructed, installed, or portable, the use of which requires a location on a parcel of land. It includes a movable structure while it is located on land which can be used for housing, business, commercial, agricultural, or office purposes either temporarily or permanently. Structure also includes fences, billboards, swimming pools, poles, pipelines, transmission lines, tracks, and advertising signs.(39) "Surface Water" means water upon the surface of the earth, whether contained in bounds created naturally or artificially or diffused. Water from natural springs or wells shall be classified as surface water when it exits from the spring or well onto the earth's surface.(40) "Total Site" means land which is part of common plan of development, rental, advertising or sale.(41) "Total Surface-Water Discharge" means the total volume of surface water discharged subsequent to the occurrence of effective precipitation.(42) "Underground Formation" means any geological unit, part of a unit, or group of units lying beneath the surface of the ground.(43) "Uplands" means discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative. Lake | Astatula (Lakeland) |
Apopka (Blanton) | Cassia |
Lucy | Orlando |
Paola (Lakewood) | Pomello |
St. Lucie | Tavares |
Vaucluse | |
(44) "Water Quality" means the chemical, physical and bacteriological composition of water determined by the measurements of appropriate tests as cited in 40 Code of Federal Regulations 136, and Chapter 62-19, F.A.C.(45) "Wetlands" means discrete areas which have one or more of the following naturally occurring soils, or any other soil classified by the U. S. Soil Conservation Service as indicative of a wetland: Anclote | Pamlica |
Basinger (Plummer) | Placid (Rutlege) |
Iberia | Iberia & Manatee |
Oklawaha | Fellowship |
Pelham | Emeralda |
Pompano | Feldo |
Anclote & Myakka | Ocoee |
Placid & Myakka | Peace River Soils |
Brighton | Swamp |
Manatee | Myakka & Placid |
(46)(a) "Development" means the carrying out of any building or mining operation or the making of any material change in the use or appearance of any structure or land and the dividing of land into three or more parcels.(b) The following activities or uses shall be taken for the purposes of this chapter to involve development, as defined in this section:1. A reconstruction, alteration of the size, or material change in the external appearance, of a structure on land.2. A change in the intensity of use of land, such as an increase in the number of dwelling units in a structure or on land or a material increase in the number of businesses, manufacturing establishments, offices, of dwelling units in a structure or on land.3. Alteration of a shore or bank of a seacoast, river, stream, lake, pond, or canal, including any coastal construction as defined in Section 161.021, F.S.4. Commencement of drilling (except to obtain soil samples) mining, or excavation on a parcel of land.5. Demolition of a structure.6. Clearing of land as an adjunct of construction.7. Deposit of refuse, solid or liquid waste, or fill on a parcel of land.(c) The following operations or uses shall not be taken for the purpose of this chapter to involve development as defined in this section:1. Work by a highway or road agency or railroad company for the maintenance or improvement of a road or railroad track, if the work is carried out on land within the boundaries of the rights-of-way.2. Work by any utility and other persons engaged in the distribution or transmission of gas or water, for the purpose of inspecting, repairing, renewing, or constructing on established rights-of-way any sewers, mains, pipes, cables, utility tunnels, power lines, towers, poles, tracks, or the like.3. Work for the maintenance, renewal, improvement, or alteration of any structure, if the work affects only the interior or the color of the structure or the decoration of the exterior of the structure.4. The use of any structure or land devoted to dwelling uses for any purpose customarily incidental to enjoyment of the dwelling.5. The use of any land for the purpose of growing plants, crops, trees, and other agricultural or forestry products; raising livestock; or for other agricultural purposes.6. A change in use of land or structure from a use within a class specified in an ordinance or rule to another use in the same class.7. A change in the ownership or form of ownership of any parcel or structure.8. The creation or termination of rights of access, riparian rights, easements, covenants concerning development of land or other rights in land.(d) "Development, " as designated in an ordinance, rule, or development permit includes all other development customarily associated with it unless otherwise specified. When appropriate to the context, development refers to the act of developing or to the result of development. Reference to any specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of subsection (1).Fla. Admin. Code Ann. R. 28-27.005
Rulemaking Authority 380.05 FS. Law Implemented 380.05(8) FS.
New 7-20-75, Formerly 22F-6.05, 27F-6.05, 27F-6.005.New 7-20-75, Formerly 22F-6.05, 27F-6.05, 27F-6.005.