Fla. Admin. Code R. 62-312.450 (2026)

Notwithstanding any of the prohibitions contained in this rule, the Department shall consider mitigation pursuant to Section 373.414(1)(b), F.S., and applicable Department rules to determine whether the project may otherwise be permittable. In any application for mitigation, the applicant shall demonstrate before issuance of any permit for the construction of the intended project that the proposed mitigation will be effective. Mitigation shall not be permitted where it appears after due considerations that construction of the intended project will cause irreplaceable damage to the site.

Rulemaking Authority 373.414(11)-(16), 373.4145, 403.805(1) FS. Law Implemented 373.409, 373.413, 373.414(9), (11), (12)(a), (13), (14), (15), (16), 373.4145, 373.416, 373.418, 403.061 FS. History–New 6-8-88, Formerly 17-12.450, 17-312.450, Amended 10-3-95.

Effective: 10/3/1995.