Fla. Admin. Code Title 18 — Board of Trustees of The Internal Improvement Trust Fund

Chapter 18-1 STATE LAND ACQUISITION PROCEDURES (Formerly 16Q-3)

Fla. Admin. Code R. 18-1.001 Purpose

State land acquisition procedures provided for in this rule are for voluntary, negotiated acquisitions under agreements for purchase, option or exchange. The purpose of this chapter is to provide uniform and efficient procedures for the acquisition of interests in real property, and donation of such interests, title to which will vest in the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, in accordance with legal requirements and sound business practice. As used in this chapter, Section 253.025, F.S., shall mean and refer to the acquisition of non-conservation lands, and Section 259.041, F.S., shall mean and refer to the acquisition of conservation lands.

History

• Rulemaking Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-14-08.

Fla. Admin. Code R. 18-1.002 Definitions

When used in this chapter, the following shall have the indicated meaning unless the context clearly indicates otherwise:

(1) “Acquiring agency” means a state agency initiating acquisition of land or for whose benefit land is being acquired, title to which will vest in the Board. The term “acquiring agency” does not include the Board or the Division acting on behalf of the Board.

(2) “Appraisal map” means a map of the project area with individual ownership and project boundaries identified. This map shall show acreage and other pertinent information needed for appraisal. The map shall be prepared by a surveyor and mapper currently authorized to practice surveying in the State of Florida and shall be approved by the Division for compliance with applicable survey standards.

(3) “Appraisal services” means valuation work in the form of an appraisal or appraisal review.

(4) “Approved appraisal” means an appraisal service that has been approved by the Chief Appraiser, Bureau of Appraisal, Division of State Lands, or designee as in compliance with the Supplemental Standards, this chapter, and the specific assignment requirements.

(5) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

(6) “Boundary map” means a map of the project area with the project boundaries identified.

(7) “Certified survey” means a boundary survey, as further defined in Rule 18-1.005, F.A.C., which is certified, signed and sealed by a professional surveyor and mapper authorized to practice surveying in the State of Florida, and approved by the Division’s Bureau of Survey and Mapping as being in compliance with the minimum technical standards for land surveying in Florida. The survey shall accurately portray the parcel’s boundaries, improvements and encumbrances. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard exceptions for survey matters, easements, or claims of easements not shown by the public records from the owner’s title policy.

(8) “Chief Appraiser” means the Chief, Bureau of Appraisal, Division of State Lands, Department of Environmental Protection.

(9) “Conservation lands” shall be defined as provided in Rule 18-2.017, F.A.C.

(10) “Cooperating agency” means a local government, water management district, or a nonprofit organization as defined in Section 253.025(6)(d) or 259.041(7)(e), F.S., that has entered into an agreement with the Division to assist in the acquisition of specific property by the Board.

(11) “Council” means the Acquisition and Restoration Council formed by Section 259.035, F.S.

(12) “Director” means the Director, Division of State Lands, Department of Environmental Protection.

(13) “Division” means the Division of State Lands, Department of Environmental Protection.

(14) “Evidence of marketable title” means assurance of the marketability of the land being acquired, in the form of a marketability title commitment and policy. The coverage, form and exceptions of the title insurance must be approved by the Division in order to assure that title is marketable and compatible with the purposes of the acquisition. The term “Title Policy” and “Title Commitment” are included within this definition.

(15) “Land” or “Property” means the interest in real property to be acquired, together with all appurtenances.

(16) “Landowner” or “Owner” or “Seller” means the owner of the land or his authorized agent.

(17) “Market value” means the most probable price for which the appraised property will sell, as further defined in the Supplemental Standards.

(18) “Option agreement” means a purchase instrument that is subject to Board approval and to exercise of an option or options.

(19) “Purchase agreement” means a contract to purchase property which becomes binding on both parties at the time of execution, but subject to Board approval.

(20) “Purchase instrument” means one of the various types of contracts to purchase property, including purchase agreements, option agreements, exchange agreements and other forms of such agreements.

(21) “Secretary” means the Secretary of the Department of Environmental Protection.

(22) “State Certified Appraiser” means a real estate appraiser who has been certified by the State under the provisions of Chapter 475, F.S.

(23) “Supplemental Standards” means the Supplemental Appraisal Standards for Board of Trustees, March 2, 2016, hereby adopted by reference and made available on the internet at https://www.flrules.org/Gateway/reference.asp?No=Ref-06292 or http://www.dep.state.fl.us/lands/appraisal.htm or by sending a request to: Department of Environmental Protection, Bureau of Appraisal, 3900 Commonwealth Boulevard, MS #110, Tallahassee, Florida 32399-3000 or by phone at (850)245-2658 or by fax at (850)245-2668. The Supplemental Standards contain appraisal requirements that establish public policy and add procedures and practices, including those outlined in Chapters 253 and 259, F.S., that are to be used in addition to the appraisal procedures and practices of the appraisal profession, as regulated by Part II of Chapter 475, F.S., for the development and reporting of all appraisal services, including those outlined in Chapters 253 and 259, F.S., adopted by the Board of Trustees of the Internal Improvement Trust Fund.

(24) “Title Commitment” means written agreement binding a title insurance company to provide a policy insuring marketability of title for a specified time in the name of the Board in the amount of the purchase price, or other appropriate value, containing such coverage and exceptions, and in a form, approved by the Division.

History

• Rulemaking Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 10-30-91, 4-14-08, 6-15-10, 3-2-16.

Fla. Admin. Code R. 18-1.003 General Requirements

(1) Prior to any acquiring agency initiating acquisition of property, the agency shall contact the Division to determine the availability of existing suitable state-owned lands in the area which meet the public purpose for which the acquisition is being proposed. If the acquiring agency determines that no suitable state-owned lands exist, it may proceed to acquire the property by employing this rule and all available statutory authority for acquisition. For purposes of the acquisition of conservation lands, the adoption of the council acquisition lists by the Board pursuant to Section 259.04, F.S., or other land acquisition program lists constitutes a finding that no suitable replacement lands exist.

(2) For all appraisals services required by the Board and obtained by an acquiring agency or other entity, appraiser selection will be in accordance with this chapter.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.03, 253.025 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.004 Title

(1) Initial Title Report. In order for the Division to obtain appraisals, a title report, including an adequate legal description of the property to be acquired sufficient to inform the Division and the appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history shall be obtained. If an acquiring agency has initiated the acquisition or the acquisition is for the benefit of an acquiring agency, then the title report shall be furnished to the Division by the acquiring agency.

(2) Evidence of Marketability.

(a) A title commitment shall be obtained by the Division, at the acquiring agency’s cost if an acquiring agency is involved in the acquisition, prior to the conveyance of title. The content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition.

(b) Evidence of marketable title shall be provided or waived in accordance with Section 253.025, F.S.

(3) Condition of Title. The objective of negotiations for acquisition of property is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned management or conservation of the property. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined by the Division and the acquiring agency, if any, and evaluated as to possible adverse effect on the objectives of the agency in acquiring the property. All such matters potentially having an adverse effect on acquisition goals which become apparent prior to Board approval will be disclosed to the Board at the time of approval.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, 3-2-16, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.005 Appraisal Map and Survey

(1) For each project or parcel of property, the Division shall provide for use by the appraisers, at acquiring agency’s cost if an acquiring agency is involved in the acquisition, either a certified survey or appraisal map.

(2) Prior to closing, a certified survey must be obtained, at the acquiring agency’s cost if an acquiring agency is participating in the acquisition unless the following criteria have been met:

(a) The parcel is surrounded by state-owned land or surrounded by land the state intends to acquire;

(b) The parcel is located within a subdivision or in a section in which the controlling land corners have been recently surveyed and the survey drawing is acceptable for computing acreage;

(c) The parcel is in its unimproved condition;

(d) Although the parcel lines were not surveyed, it appears that the boundaries of the parcel do not adjoin fences or improvements other than those managed by the state;

(e) The parcel was visually inspected; and,

(f) The managing agency concurs that the parcel does not need to be surveyed.

History

• Rulemaking Authority 253.03, 253.025, 259.041 FS. Law Implemented 253.025, 259.041 FS. History–New 6-16-86, Amended 10-30-91, 4-14-08, 3-2-16.

Fla. Admin. Code R. 18-1.006 Appraisal Procedures, Report Requirements and Determining Maximum Amounts

(1) The development and reporting of all appraisal services shall be consistent with the Supplemental Standards, this chapter, the specific assignment, and Part II of Chapter 475, F.S. If the estimated value is $100,000 or less, the Department shall waive any portion of the Supplemental Standards when best professional judgment demonstrates that it would not be detrimental to a credible assignment result.

(2) The acquiring agency shall provide, or coordinate through the Division, to the appraiser all pertinent title information developed, a specification of the rights to be acquired, a list of items, if any, considered to be noncompensable, minimum appraisal requirements that apply, required appraisal forms or formats, and a certified survey or appraisal map.

(3) The appraisal report shall state any extraordinary assumption or hypothetical condition made by the appraiser in determining market value and shall document and adequately support the appraiser’s estimate or conclusion as to value.

(4) In accordance with Section 253.025(8)(h), F.S., the appraisal report shall be accompanied by a sales history of the parcel for the prior five years, with the following exceptions:

(a) The appraisal assignment consists of 25 or more parcels;

(b) Each parcel is 20 acres or less in size; and,

(c) The most recent just value, as determined by the county property appraiser, is $75,000 or less.

(5) When two appraisals are required under Section 253.025(8)(b), F.S., a third appraisal shall be obtained if the two appraisals differ significantly. Two appraisals shall be considered to differ significantly if the higher of the two values exceeds 120% of the lower value. However, a third appraisal shall not be obtained if the decision is made by the Director to attempt to negotiate an acquisition price of no more than 120% of the lower of the two appraisals.

(6) Determining the maximum amount.

(a) The maximum amount that may be paid by the State for a parcel to be acquired shall be the value indicated in a single approved appraisal if only one appraisal is required. If two appraisals are obtained and approved when only one is required by law, the maximum value shall be the higher of the appraisals, regardless of their divergency.

(b) If two appraisals are required by law and their values do not differ significantly, the maximum amount that may be paid by the State for the parcel shall be the higher value indicated in the two approved appraisals.

(c) If a third appraisal is obtained and approved, the maximum amount that may be paid for the parcel shall be the value contained in the higher of the two closest appraisals as long as the two closest appraisals do not differ significantly. If the two closest appraisals differ significantly, 120% of the lower of the two appraisals shall be the maximum value.

(7) All appraisals, as well as offers and counter offers shall be confidential, and exempt from the provisions of Chapter 119, F.S., except that:

(a) The Division and a water management district created under Chapter 373, F.S., may disclose and share appraisal reports or appraisal information pursuant to Section 373.139, F.S. The Division or District desiring to review an appraisal must make a written request and give a written receipt for such appraisal. The confidentiality of shared appraisals or appraisal information shall be maintained in accordance with Sections 253.025(8) and (9), 373.139(3), F.S., and this chapter.

(b) The Division may also disclose appraisal information to, or use an appraisal provided by a cooperating agency, pursuant to an informal acquisition agreement.

1. If the Division is disclosing the appraisal information, the agreement shall identify the individual who will have custody of the appraisal report, individuals within the cooperating agency who will have access to the appraisal information and require the written consent of the Division prior to disclosing the information to any other person.

2. If the cooperating agency is to provide the appraisal, the appraisal must be made by an appraiser on the Division’s list and must be reviewed and approved by the Division. Such appraisal shall be subject to the same confidentiality restrictions as an appraisal provided by the Division.

(8) Appraisal fees and all direct incidental expenses shall be paid by the acquiring agency proposing the acquisition.

(9) When the Division requests the release of funds for appraising CARL, Save Our Coast, or Land Acquisition Trust Fund parcels, the Board shall be provided a status report indicating when negotiations for acquiring such parcels were or will be initiated.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025, 373.139 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 1-2-91, 10-30-91, 4-14-08, 6-15-10, 3-2-16, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.007 Appraiser Eligibility and Selection

(1) Approved Appraiser List – Eligibility and Selection.

(a) The Chief Appraiser shall maintain on the Department’s website, at https://floridadep.gov/lands/bureau-appraisal/documents/approved-appraisers-list, information for interested appraisers to apply for placement on the approved appraiser list.

(b) An appraiser shall be considered eligible and will be placed on the list when he has complied with all the following criteria:

1. The appraiser has applied to the Bureau of Appraisal to be placed on the list of approved appraisers.

2. The appraiser meets the eligibility requirements of Section 253.025 or 259.041, F.S., and this chapter.

3. The appraiser is an appraiser certified by the Florida Department of Business and Professional Regulation.

4. The appraiser demonstrates a level of general appraisal competence through past appraisal experience. An acceptable level of general appraisal competence and quality shall be demonstrated by the submission of an appraisal report(s) that includes sales comparison, cost, and income approaches prepared for a business client within the previous two years.

5. The appraiser identifies any specialty property types, as outlined in the Supplemental Standards, for which he professes appraisal expertise and competence, and submits one appraisal report demonstrating such competence and expertise for one of the specialty property types.

(c) The Chief Appraiser will request that the appraiser submit biennial reaffirmation of interest in and update his documentation in order to remain on the list of approved appraisers.

(d) Removal of the appraiser’s name from the list of approved appraisers shall be made at the appraiser’s request, by failure to submit biennial reaffirmation of interest or updated documentation after notice, for unsatisfactory performance, for disciplinary action given by the Florida Real Estate Appraisal Board (FREAB), or for material non-compliance with contract terms. If an appraiser’s name is removed from the list pursuant to this rule, he must comply with the requirements of this rule to be placed back on the list of approved appraisers and if disciplined by the FREAB, supply evidence that he has fulfilled all requirements of the disciplinary action.

(2) Multiple Year Appraiser Contracts Eligibility and Selection. For cost and time efficiency regarding future appraisal services, appraisers will be selected and placed under multi-year contracts. Selection procedures shall be as follows:

(a) Only appraisers whose name appears on the list of approved appraisers will be invited to submit proposals to perform appraisal services under a multiple year contract arrangement.

(b) Invitations to submit proposals for multiple year contracts shall be issued by the Division of State Lands, Bureau of Appraisal, Department of Environmental Protection, 3900 Commonwealth Boulevard, Mail Station 110, Tallahassee, Florida 32399-3000. The Bureau of Appraisal shall be the sole point of contact.

(c) When the Bureau of Appraisal has received proposals and after the invitation closing date, the appraisers’ proposals will be evaluated for the purpose of awarding future multi-year contracts according to the following criteria listed in order of importance and scored based on a point system maintained by the Bureau of Appraisal:

1. Quality of previous work, if any, performed as a result of appraisal assignments through the Division. This includes evaluating appraisals on the basis of documentation and reasoning; accuracy and clarity of the report; methodology, techniques and support; responsiveness to review questions; the appraiser’s understanding of the nature and scope of the appraisal assignment. The maximum points for this quality of previous work category is 25.

2. Professional appraisal-related education or teaching experience. For each appraisal course or seminar credit hour attended or taught during the prior two years, one-tenth point is awarded up to a maximum of 12 points for 120 classroom hours.

3. Other pertinent factors and specialized requirements outlined in the request for proposal, such as the appraiser’s quality assurance process and ability to prioritize Division assignments.

(d) Selection shall be made by an appraiser selection committee composed of the Director, the Chief Appraiser and the Chief of the Division’s Bureau of Real Estate Services, or their designated representatives.

(e) The Chief Appraiser shall provide a summary and recommendation to the appraiser selection committee of the various proposals submitted.

(f) When selecting appraisers for multiple year contracts, the committee shall consider the various factors set forth in the request for proposal, the appraiser’s submitted proposal and the standards and criteria of this rule.

(3) Specific Project Appraiser Bid Solicitation and Selection. When an agency proposing an acquisition has determined that appraisal services are required, the agency shall contact the Division’s Bureau of Appraisal and request that such services be obtained. Through competitive bidding, multiple bids will be sought with the objective of obtaining the best possible services efficiently and at the most reasonable cost.

(a) Appraisers to be solicited for bids will be from those under multiple year contract or those on the approved appraiser list with competency in the area of specialization required by the proposed appraisal assignment. The solicitation will include selection criteria to be used in making the final selection of the appraiser to be awarded the appraisal services required.

(b) Appraisers will be required to comply with Section 253.025(8)(c), F.S., and submit an affidavit substantiating that they have no vested or fiduciary interest in any property for which appraisal services will be awarded.

(4) For increased time and cost efficiency, for recurring needs for additional appraisal services in a specific project area or for a specific parcel, use of the same appraisers used for these previous services is allowed.

(5) Appraisal reviews are appraisal services that will be conducted for each assignment by qualified review appraisers. Appraisal review reports shall be submitted to the Chief Appraiser or his designee for approval.

(a) For acquisition parcels with values greater than $500,000 an appraisal review will be developed and reported according to the Supplemental Standards, this chapter, and the specific requirements of the assignment. For acquisition parcels with values of $500,000 or less, a cursory review by the Bureau of Appraisal or appraisal review will be conducted for assurance that requirements of the assignment were met.

(b) For all non-acquisition appraisal services such as for disposition, leases and easements, a review will be completed for assurance that the requirements of the assignment were met.

(6) Appraisers to be solicited for appraisal review assignments, as identified in paragraph (5)(a), above, will be from those on the approved appraiser list, under a multiple year contract and who possess competency for review work.

History

• Rulemaking Authority 253.03 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91, 4-14-08, 6-15-10, 3-2-16, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.008 Negotiations

(1) The Division, or the acquiring agency if any, may initiate acquisition negotiations upon receipt of the approved appraisal reports in accordance with Section 253.025, F.S. The Division may negotiate and enter into an option agreement for acquisition of conservation lands prior to or after the receipt and approval of appraisals, subject to the conditions established in Section 253.025(8), F.S., and this chapter. All owner contact shall be documented in the appropriate acquisition file of the Division or acquiring agency. Initial contact with the landowner by the Division or acquiring agency may be established prior to negotiations, provided such contact is limited to the following:

(a) To inform the owner of the land acquisition program under which the project is being considered, and to request the owner’s permission for the Division or the acquiring agency to inspect the property in order to determine its suitability for the purposes of the Division or the acquiring agency.

(b) To ascertain or confirm the owner’s interest in conveying the property to the State.

(c) To explain in general terms that tax advantages for land donations and bargain sales to the State may exist, and to recommend the owner confer with his tax adviser about the possibility of such advantages.

(d) To request written permission from the owner to have his property appraised.

(e) To discuss the timing of possible future acquisitions, and the competition for funds under the various State acquisition programs.

(f) To discuss the matter of representation of the owner by an agent in any future negotiations, and the necessary confirmation by the owner of the agent’s status.

(g) To request available title data.

(h) To advise of disclosure requirements.

(i) To request available property survey data.

(j) To discuss other information pertinent to the acquisition process in general.

(2) The objective of all purchase negotiations shall be to obtain the appropriate interest in land free of encumbrances, conditions, restrictions and reservations at the lowest possible price. In the course of negotiations the Division or the acquiring agency, if any, shall recommend that the owner confer with his tax adviser to discuss the advantages of a donation or bargain sale. When negotiating the purchase of properties that include wetlands where the seller will bear the cost of the survey, the Division or the acquiring agency shall apprise the seller of the benefits of obtaining a survey that identifies a water line for acreage calculations, as opposed to a mean high water or ordinary high water survey. In making an offer the Division or the acquiring agency shall consider the benefit to the owner of a single cash payment in relation to the maximum offer allowed by law. Under no circumstances will the final purchase price for non-conservation lands exceed the value established pursuant to Section 253.025(8)(j), F.S., and this chapter.

(3) Upon the initiation of negotiations the Division or the acquiring agency, as applicable, shall notify the landowner in writing that final purchase approval is subject to affirmative action by the Board. When the landowner is represented by an agent or broker, negotiations may not be initiated or continued with the agent until a written statement signed by the landowner verifying the agent’s legal or fiduciary relationship with the owner has been received by the Division or the acquiring agency.

(4) All offers and counter-offers shall be in writing, and shall be confidential and exempt from the provisions of Section 119.07(1), F.S., under the conditions of Section 119.0711 or 253.025(8)(f), F.S.

(5) Purchase negotiations for the acquisition of any land from the Florida Forever Trust Fund, the Conservation and Recreational Lands Trust Fund or Land Acquisition Trust Fund shall be initiated within six months of approval by the Division of appraisals of property on the lists developed pursuant to Section 259.035, F.S. The Quarterly Report of the Department of Environmental Protection to the Board will contain a report on the status of all said acquisition projects.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.009 Purchase Instruments

(1) The final negotiated purchase shall be placed in the form of a written purchase instrument signed by the owner and, if applicable, the acquiring agency. Option agreements entered into prior to approval of the appraisals must be signed on behalf of the Board by the Secretary or the Director.

(2) When an acquiring agency is negotiating the acquisition and obtaining the owner’s signature on a purchase instrument, the acquiring agency shall use a form of purchase instrument approved by the Director as meeting the intent of the law and this rule.

(3) Before the purchase instrument is submitted to the Board for approval, the provisions of Section 286.23, F.S., shall be complied with.

(4) A purchase instrument approved by the Board shall be binding on all parties.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.010 Exchanges

(1) All exchanges of real property owned by the Board for other land shall be approved by the Board in the same manner as other acquisitions, and shall be placed in the form of a written exchange agreement reviewed and approved by the Division.

(2) Prior to the closing of any exchange the real property to be conveyed by the Board must comply with all applicable legal requirements pertaining to surplus real property owned by the Board. Acquisition of the land to be conveyed to the Board must be in accordance with Section 253.025, F.S., and this chapter.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.011 Board Action

(1) Within ten days after the execution by an owner of a purchase instrument for an acquiring agency, the acquiring agency will furnish the following to the Division:

(a) The original of the purchase instrument.

(b) A copy of the owner’s disclosure form under Section 286.23, F.S.

(c) Evidence of the marketability of the title. The Division may agree to defer submittal and approval of the title commitment until after Board approval of the purchase instrument. In such case the acquiring agency shall provide the Division with a copy of the owner’s deed to the property.

(d) The approved appraisal reports.

(e) A letter from the acquiring agency stating that the inventory of existing State-owned lands was examined and contains no suitable available land for the agency’s use, or that the property proposed for purchase is within a project on the council or other land acquisition program lists.

(f) A written statement by the acquiring agency outlining the public purpose for which the acquisition is being made, citing statutory authority, or stating that the property proposed for purchase is within a project on the council or other land acquisition program lists.

(g) A written statement signed by the owner confirming the owner’s relationship with his agent.

(h) A written confirmation by the acquiring agency of the source and availability of funding for the acquisition.

(i) A copy of the current certified survey or appraisal map, approved by the Division in accordance with this rule.

(2) No later than 10 days prior to the time the purchase is to be considered by the Board, the owner shall file the following with the Division:

(a) All disclosures required by Sections 375.031(1) and 380.08(2), F.S.

(b) A statement identifying any expenditures made in the categories set forth in paragraphs (2)(a), (b) or (c) of Rule 18-1.012, F.A.C.

(c) A statement providing a good faith estimate of any additional expenditures in the categories set forth in paragraph (2)(a), (b) or (c) of Rule 18-1.012, F.A.C.

(3) The Division shall submit the proposed acquiring agency acquisition for consideration by the Board within 45 days after receipt from the acquiring agency by the Division of the materials required by subsections (1) and (2), above. The Division shall supply a copy of the proposed purchase instrument and all supporting documentation to the Board for its review.

(4) The Board must authorize prior to purchase, and pursuant to the provisions of Chapter 253, F.S., all acquisitions of land title to which will vest in the Board whether or not the acquisition is on behalf of an acquiring agency.

(5) Prior to or concurrent with approval of an acquisition of property, the Board shall designate an agency or agencies to manage the land to be purchased.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 1-29-90, 10-30-91, 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.012 Closing

(1) The Director shall have the authority to modify, at the request of the acquiring agency, the purchase instrument previously approved by the Board to extend the time for option exercise, closing date, submittal deadlines or any other time limit relating to such agreement, provided the total extension of time for closing does not exceed 180 calendar days after the date contemplated in the purchase instrument approved by the Board. The Director shall also have the authority to execute or modify all documents necessary for the implementation of Board action, including without limitation the option agreement, purchase agreement, exchange agreement, option exercise, leases, easements, legal descriptions, deeds, assignments, title policies and other miscellaneous agreements and affidavits, provided the modification does not change the substance nor the scope of Board approval, and provided the document executed or modified was either approved by the Board or contemplated by Board approval. Any changes in the purchase price to be paid to the seller not contemplated by the terms of the purchase instrument must be approved by the Board. An extension or modification may only be made under the terms of the purchase instrument, or with the seller’s agreement.

(2) The Division or the acquiring agency, if any, shall obtain all disclosures of beneficial interest required in Section 286.23, F.S., before submitting a purchase instrument to the Board for approval. All other disclosures, including those required by Sections 375.031(1) and 380.08(2), F.S., shall be obtained prior to closing. Disclosures not required by statute may be waived by the Director in the case of acquisitions of property for a price of $250,000 or less where the Director finds that the difficulty on the person providing such disclosures outweighs the value of the disclosed information to the Department or the acquiring agency. The following information shall also be included in the statement supplied by the owner prior to closing:

(a) The total amount of any finder’s fee, real estate commission or other similar commission, including a statement as to whom those fees will ultimately be paid;

(b) The total amount of the attorney’s fees paid to the owner’s attorney, including a statement as to whom these fees will ultimately be paid;

(c) The amounts of other costs incidental to the sale, indicating to whom these sums have been or are to be paid.

(3) The Division shall be responsible for proper completion of the closing and proper recordation of all legal documents necessary to vest title in the Board.

(4) All original documents including recorded documents shall be forwarded to the Division within 30 days after receipt by the closing agent from the county clerk.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-14-08, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.013 Donations

(1) The Board will consider accepting donations of land if the following conditions are met:

(a) The conveyance must be by no less than a special warranty deed, unless the conveyance is from the Federal Government, a county government, or another state agency or, if a gift or donation by quitclaim deed, the Board determines that accepting such quitclaim deed is in the best interest of the public.

(b) Evidence of marketable title must be supplied either by the landowner, the Division, or the acquiring or managing agency or waived in accordance with Section 253.025, F.S.

(c) The Division must verify that the State of Florida has no title or sovereignty interest in the land.

(d) A determination as to who will manage the land must be made by the Division.

(e) An acceptable survey must be submitted to and approved by the Division in accordance with this chapter. The acquiring or managing agency of the donated land may provide a current certified survey, in the event such survey is not provided from another source. The survey requirement shall be waived by the Board if the Board determines that the donated lands are in their natural unimproved condition and no improvements are contemplated, if the donated lands are completely surrounded by State-owned lands, if a survey cannot practically be completed, or where the cost of the survey would be prohibitive relative to the expected value of the parcel.

(2) Appraisal of donated lands and appurtenances shall not be required as a condition of receipt of such land by the State.

(3) Where less than fee simple title is to be donated, or to aid in clearing the title or otherwise resolving a boundary or title question in any acquisition, the Division may accept less than a special warranty deed, provided staff legal counsel recommends acceptance of such a conveyance.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 6-16-86, Amended 4-6-89, 1-29-90, 4-14-08, 3-2-16, Technical Change 7-31-26.

Fla. Admin. Code R. 18-1.014 Multi-Party Acquisitions

(1) The Division may enter into an acquisition agreement with a water management district, a local government or a nonprofit organization as defined in Section 253.025, F.S., for any property that has been authorized for acquisition pursuant to Section 253.025, F.S.

(2) The Division and a cooperating agency must execute an acquisition agreement prior to the cooperating agency obtaining title to, or any other legal interest in, the property to be acquired.

(3) An acquisition agreement may provide for the sharing of appraisals, offers, and other negotiation matters, between the Division and cooperating agency; provided, however that agreement shall require the cooperating agency to follow Division procedures and this chapter when acquiring appraisals and to deliver to the Division all negotiation files after negotiations with the owner have terminated. As a condition of the sharing of confidential information, the cooperating agency must agree to maintain, on its behalf and on behalf of its employees and agents, the confidentiality of appraisals, offers, and other negotiation matters, as required by Section 253.025, F.S., and this chapter, and the cooperating agency must obtain the consent of the Division prior to disclosing the information to any other person.

History

• Rulemaking Authority 253.025 FS. Law Implemented 253.025 FS. History–New 1-29-90, Amended 1-2-91, 10-30-91, 4-14-08, Technical Change 7-31-26.

Chapter 18-2 MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES

Fla. Admin. Code R. 18-2.017 Definitions

When used in this rule chapter, the following shall mean:

(1) “Activity” means any use of uplands which requires Trustees’ approval under Sections 253.03(1) and 253.77, F.S., such as a letter of authorization, lease, use agreement, easement, disposal, exchange, or transfer of any interest, including sub-surface, in uplands.

(2) “Agency” means any governmental entity including the United States of America.

(3) “Applicant” means any person making application for any activity involving uplands.

(4) “Appraisal services” has the same meaning as provided in Rule 18-1.002, F.A.C.

(5) “Assignment” means a transfer of one’s use, right or interest from one person to another person.

(6) “Authorization” means the permission granted by the Board of Trustees for a person to construct a facility or to carry out an activity on uplands.

(7) “Beach” means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form, or to the line of permanent vegetation (usually the effective limit of storm waves). Unless otherwise specified, the seaward limit of a beach is the mean low water line. “Beach” is alternatively termed the shore.

(8) “Best management practices” means methods, measures or practices that are developed, selected, or approved by agencies to protect, enhance and preserve natural resources. They include, but are not limited to, engineering, conservation, and management practices for mining, agriculture, silviculture, and other land uses, that are designed to conserve the soil and associated nutrients while simultaneously controlling nonpoint pollution to provide good overall upland management.

(9) “Board” means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or its designated agents.

(10) “Bonus” means a one time payment offered by competitive bid on which the award of an oil or gas lease is based.

(11) “Conservation lands” means lands titled in the name of the board that are currently managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation. All lands acquired by the state prior to July 1, 1999, using proceeds from a land acquisition program to protect natural, cultural or resource-based recreational resources, which lands are within original project boundaries or identified as core parcels, shall be deemed to have been acquired for conservation purposes. For any lands purchased by the state on or after July 1, 1999, a determination has been or shall be made by the board prior to acquisition as to those parcels that shall be designated as having been acquired for conservation purposes. Lands associated with correction and detention facilities, military installations and state university system that possess significant natural or historical resources and that are specifically managed for conservation, outdoor resource-based recreation, or archaeological or historic preservation also shall be deemed to be conservation lands.

(12) “Consideration” means something of value given in exchange as part of a legal agreement.

(13) “Cooperative management” means single or multiple use management by more than one agency so that each utilizes its particular expertise in order to achieve a particular management goal.

(14) “Council” means the Acquisition and Restoration Council as defined in Section 259.035, F.S.

(15) “Department” means the State of Florida Department of Environmental Protection.

(16) “Development of Regional Impact (DRI)” means any development which, because of its character, magnitude, or location, would have a substantial effect upon the health, safety, or welfare of citizens of more than one county.

(17) “Division” means the Division of State Lands of the Department of Environmental Protection.

(18) “Dry hole” means a dry well which has been plugged and abandoned without ever having produced hydrocarbons in commercial quantities.

(19) “Easement” means a nonpossessory interest in uplands created by a grant or agreement, which confers upon the applicant the limited right, liberty and privilege to use uplands for a specific purpose, term and fee.

(20) “Everglades Agricultural Area” means that area which is described on the map entitled “Everglades Agricultural Area,” filed in the office of the Secretary of State as Exhibit A to this rule and made an integral part hereof.

(21) “Factual or physical exploration results” means all data and information gathered as the result of any and all operations conducted under a geophysical testing use agreement.

(22) “Geophysical testing” means the use of gravity, seismic and similar geophysical techniques to obtain information and data on oil, gas or other resources.

(23) “Historic resources” is as defined in Section 267.021, F.S.

(24) “Land acquisition program” means a state program established to acquire land or interests therein for a particular purpose; for example to protect natural, cultural or resource-based recreational resources, such as: Conservation and Recreation Lands, as specified in Section 259.032, F.S.; Environmentally Endangered Lands as established under the Land Conservation Act of 1972; Florida Forever, as specified in Section 259.105, F.S.; Florida Preservation 2000, as specified in Section 259.101, F.S.; Land Acquisition Trust Fund, as specified in Chapter 375, F.S.; Land and Water Conservation Fund as established under the federal Land and Water Conservation Act of 1965; Outdoor Recreation Lands as established under the Outdoor Recreation and Conservation Act of 1963; or Save Our Coast as established by the Governor and Cabinet by official agency action on November 3, 1981.

(25) “Lease” means an interest in lands designated by a contract creating a landlord-tenant relationship between the Board as landlord and the applicant as tenant whereby the Board grants and transfers to the agency the exclusive use, possession, and control of certain specified lands, for a determinate number of years, with conditions attached. On those properties which considerable capital improvements are to be made, the term of a lease shall be limited to the expected amortization or life cycle of the improvements.

(26) “Letters of authorization” means a nonpossessory form of authorization that allows the applicant the right to erect specific structures or conduct specific activities on uplands.

(27) “Management agreement” means the legal instrument by which the management purpose(s) of a property and the responsibilities of each managing party are delineated in a cooperative management situation. It is a contractual agreement between the Board and one or more agencies which does not create an interest in real property but merely authorizes conduct of certain management activities on lands owned by the Board.

(28) “Market value” has the same meaning as provided in Rule 18-1.002, F.A.C.

(29) “Mitigation” means an action or series of actions which would offset adverse impacts of a proposed activity involving uplands.

(30) “Multiple use” means management for two or more primary purposes in order to insure that the greatest possible combination of public benefits are derived from the use of State lands. These uses may include, but are not limited to management for: timber, wildlife habitat, forage, open space, recreation, public facilities, archaeological and historic sites, or water resources. Individual resources in multiple use management areas may be managed at less than full potential in order to provide the most beneficial combination of uses.

(31) “Net positive benefit” means any effective action or transaction which promotes the overall purposes for which the land was acquired. It is compensation over and above the required payment of market value for or replacement of the affected parcel to offset any requested use or activity which would preclude or affect, in whole or in part, current or future uses of natural resource lands that are managed primarily for the conservation and protection of natural, historical or recreational resources. Net positive benefit shall not be solely monetary compensation, but shall include mitigation and other consideration related to environmental, historical of recreational benefits, as applicable, to the affected management unit.

(32) “Nonconservation lands” means lands acquired for uses other than conservation, outdoor resource-based recreation, or archaeological or historic preservation; such as correction and detention facilities, military installations and facilities, state office buildings, maintenance yards, state university or state community college campuses, agricultural field stations or offices, tower sites, law enforcement and license facilities, laboratories, hospitals, clinics, and other sites that possess no significant natural or historical resources, and lands that were acquired solely to facilitate the acquisition of other conservation lands as identified by the board when it approved the acquisition.

(33) “Person” means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government, or any subdivision thereof and all other groups or combinations, whether public or private.

(34) “Plan” means a document as required by Section 253.034, F.S.

(a) “Business Plan” means a plan submitted by a state agency, state university, or Florida College System institution to the Board regarding the intended use of a building or parcel of land before approval of a lease, as required by Section 253.034(13), F.S.

(b) “Land Use Plan” means a plan submitted by a manager of nonconservation lands to the Division as required by Section 253.034, F.S.

(c) “Management Plan” means a plan submitted by a manager of conservation lands to the Division as required by Section 253.034(5), F.S.

(35) “Policies” means guidelines for the decision-making process whereby programs, services and actions of the State are implemented, consistent with existing law.

(36) “Private” means affecting or belonging to private individuals, as distinguished from the public in general and not belonging to the public sector or a unit of government.

(37) “Processed records” means data collected under the term of a use agreement for geophysical testing. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Processing shall not include the interpretation of any data collection.

(38) “Producing” means the yielding of product including oil, gas, minerals, crops and livestock from Trustees owned uplands.

(39) “Property” means land and permanent improvements that are located there on and affixed thereto.

(40) “Public interest” means demonstrable environmental, social, historical and economic benefits which would accrue to the public in general as a result of a proposed activity and which would clearly exceed all demonstrable environmental, social, historical and economic costs of the proposed activity.

(41) “Release” means the relinquishment, concession or giving up of a right, claim or privilege by the party for whom it exists or to whom it accrues.

(42) “Royalty” means the percentage of the value of a natural resource paid to the owner of the resource by those extracting and selling it.

(43) “Single use” means management for one primary purpose. Single use properties may be managed for compatible secondary uses as long as those uses do not interfere or detract from the designated primary purpose. Single use properties will most often be managed by a single agency but may be placed under cooperative management if the expertise of two or more agencies is required to carry out the primary purpose.

(44) “State agency” means each department created pursuant to Chapter 20, F.S.

(45) “State lands” as used in this rule means land to which the title is vested in the Board.

(46) “State Lands Management Plan” means the Conceptual State Lands Management Plan adopted by the Board on March 17, 1981 and as amended by the Board on July 7, 1981 and March 15, 1983.

(47) “Sublease” means a lesser than leasehold interest in lands executed by the lessee to a third party for a definite time period with specific conditions attached.

(48) “Surplus lands” means lands which are not needed by any State agency, and are recommended for disposal, pursuant to Rule 18-2.021, F.A.C.

(49) “Supplemental Standards” has the same meaning as provided in Rule 18-1.002, F.A.C.

(50) “Trustees” means the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida or its designated agents.

(51) “Uplands” means those lands above the mean high water line or ordinary high water line title to which is vested in the Trustees.

(52) “Use agreement” means a grant or agreement which confers upon the applicant a nonexclusive and limited right, liberty and privilege to use uplands for a specific purpose and for a specific time and does not create a title interest in real property.

(53) “Water conservation areas” means those areas which are described on the map entitled “Conservation Areas,” attached as Exhibit C to this rule and made an integral part thereof.

History

• Rulemaking Authority 253.03, 253.034, 259.035 FS. Law Implemented 253.03, 253.034, 259.035, 259.101, 259.105, 267.021 FS. History–New 6-4-96, Amended 5-15-08, 5-29-08, 3-2-16.

Fla. Admin. Code R. 18-2.018 Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands

Applications to use Trustees-owned uplands and decisions to approve or reject such applications will be based on all of the following:

(1) Public Interest Evaluation. The decision to authorize the use of Trustees-owned uplands requires a determination that such use is not contrary to the public interest. The public interest determination requires an evaluation of the probable impacts of the proposed activity on the uplands. All direct and indirect impacts related to the proposed activity as well as the cumulative effects of those impacts shall be taken into consideration. Relevant factors to be considered include: conservation, general environmental and natural resource concerns, wetlands values, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, recreation, aesthetics, economics, public health and safety, relative extent of the public need for the proposed use or activity, reasonable alternative locations and methods to accomplish the objective of the proposed use or activity, potential detrimental effects on the public uses to which the area is otherwise suited, the effect on cultural, scenic and recreational values, and the needs and welfare of the people.

(2) General Policies.

(a) Uplands may be leased or subleased, managed by use agreement, encumbered by easements or licenses, disposed of to either the public or private sector, or may be retained and managed by the division.

(b) All uplands shall be administered, managed, or disposed of in a manner that will provide the greatest combination of benefits to the general public.

(c) Any use of uplands must comply with specific statutory or legislative mandates or other legal restrictions governing the property.

(d) Any approval granted for any activity on uplands shall contain such terms, conditions, and restrictions as deemed necessary to provide for responsible management that will protect and enhance uplands.

(e) The Board will not grant any form of authorization for a period greater than is necessary to provide for reasonable use of the land for the existing or planned life cycle or amortization of the improvements.

(f) Any authorization to use uplands shall be subject to cancellation if the applicant converts the facility to a use that was not authorized or if the land ceases to be used for the purpose which was approved. In addition, the Trustees may require removal of the structure and restoration of parcel to its natural state, and administrative fines and damages as stipulated by rule.

(g) Unless otherwise provided herein, no activity may commence until the authorizing document is executed by the Department.

(h) All activities on uplands shall implement applicable best management practices that have been selected, developed, or approved by the Trustees or other land managing agencies.

(i) Equitable compensation shall be required when the use of uplands will generate income or revenue for a private user or will limit or preempt use by the general public. The Trustees shall award authorization for such uses on the basis of competitive bidding rather than negotiation unless otherwise provided herein or determined by the Trustees to be in the public interest pursuant to the results of an evaluation of the impacts, both direct and indirect, which may occur as a result of the proposed use. Relevant factors to be considered in the evaluation shall include those specified in subsection 18-2.018(1), F.A.C. The Trustees shall make its final determination at a regularly scheduled meeting of the Governor and Cabinet. The Trustees reserve the right to reject any and all bids. Equitable compensation under this paragraph shall be waived in instances where all of the following conditions are met:

1. The managing entity proposes subleasing property to a duly-registered, not-for-profit corporation;

2. The sublease is directly related to the purpose of the primary lease; and,

3. The lessee submits to the Board a certification that the first two conditions are met.

(j) The successful bidder shall pay all costs of legal advertisement, title work, all costs associated with estimating value, taxes or assessments for any activity requiring such items.

(k) Appraisal services shall be obtained through the Division in accordance with the procedures and requirements provided in Chapter 18-1, F.A.C., except as follows:

1. For single family or platted lots, any state-certified appraiser can be solicited and used for appraisal services.

2. The appraisal service fee shall be paid by the applicant. No appraisal work will proceed until the Division receives the appraisal fee. When appraisal services are required prior to an applicant being identified, funding will be provided by the requesting agency or the Division and shall be reimbursed to that agency or the Division by the purchaser, lessee or sublessee. If the applicant withdraws its application after appraisal services have begun and any appraisal expenses have been incurred, the appraisal fee will be non-refundable. If no services have begun and no expenses have been incurred, the appraisal fee is refundable upon written request of the applicant. For sales for which the applicant paid for the appraisal services and submitted a qualified competitive bid but the bid was awarded to another bidder, the winning bidder shall reimburse the applicant who paid for the appraisal services.

(l) Single use properties may be managed for compatible secondary uses as long as those uses do not interfere with or detract from the designated primary purpose.

(m) Individual resources on multiple use properties may be managed at less than full potential in order to provide the most beneficial combination of uses.

(n) It shall be the Trustees policy to provide for public access upon uplands to the greatest extent practicable unless the Trustees determine that public access is not in the public interest or conflicts with the parcel’s management criteria or plan.

(o) Requests by local governmental agencies for any activity on uplands shall be by formal action by the appropriate governing board.

(p) All authorizations must contain a provision allowing for access for inspection by department staff.

(3) Standards and Criteria. The following standards and criteria must be met for approval of the following described authorizations to use state-owned uplands.

(a) Leases and Subleases.

1. Unless determined by the Trustees to be in the public interest, the term of any lease or sublease shall not exceed a maximum term of fifty years. Specific terms are as follows:

a. Sublease terms shall not exceed 50 years or a period conterminous with the principal lease if the remaining lease term is less than 50 years.

b. The standard lease term for agricultural or grazing leases shall not exceed ten years.

c. Oil, gas, and other mineral interest leases shall be limited to a primary term of ten years.

2. Leases and subleases shall be noticed pursuant to Chapter 18-2, F.A.C., and applicable law.

3. Lessees and sublessees shall be responsible for acquiring all permits and paying any and all ad valorem taxes, drainage, special assessments or other taxes.

4. Lessees shall be required to provide level one environmental reports and information regarding uses of land which may involve hazardous or toxic waste.

5. Lessees shall be responsible for preparing either a management plan or a land use plan as follows:

a. All lessees of conservation lands shall prepare and submit to the Division parcel-specific management plans in accordance with Section 253.034(5), F.S., and Rule 18-2.021, F.A.C. No physical alteration of the leased premises shall occur unless such activity has been authorized via an approved management plan.

b. All lessees of nonconservation lands shall prepare and submit to the Division parcel-specific land use plans in accordance with Section 253.034(5), F.S. No physical alteration of the leased premises shall occur unless such activity has been authorized via an approved land use plan.

c. For agricultural and grazing leases, a certified agricultural operational report, documenting the status of operations on the leases area, shall be submitted to the division annually, one month prior to the end of the lease year. Such report shall include, at a minimum, the following:

(I) The kind and location of the crop or livestock grown;

(II) The stewardship practices utilized;

(III) The capital improvements completed;

(IV) A schedule for installing future improvements;

(V) Types and amounts or pesticides, herbicides, and fertilizers used; and,

(VI) A detailed description of how the implementation of best management practices were carried out during the lease year including, but not limited to, muck soil measurement and plans for best management practices for the following year.

d. Oil, gas, or mineral lessees shall provide a notarized annual report to the Trustees in accordance with Section 253.511, F.S., documenting the status of operations on the leased area. Failure to submit this report within 90 days following the anniversary of the respective lease shall be grounds for termination in accordance with the terms and conditions of the lease.

6. Additional specific criteria for subleases are as follows:

a. Subleases shall be in compliance with the lease and management plan or land use plan for the master lease.

b. Subleases of conservation lands which are 160 acres or greater in size shall be reviewed by the council.

7. Additional specific criteria for agricultural and grazing leases are as follows:

a. New agricultural lessees shall totally compensate the vacating lessees for ratoon, stubble or other residual crops.

b. Site-specific minimum stewardship measures shall be required.

c. The lessee will not cause or allow damage to the leased premises or remove soil, sod, muck, or other materials from the leases premises.

8. Additional specific criteria for oil and gas leases are as follows:

a. After the cessation of any oil, gas, or mineral lease, the site shall be restored by the lessee to the original condition to the greatest extent practicable.

b. An oil and gas lease within the corporate limits of any municipality; or, in the tidal waters abutting or immediately adjacent to the corporate limits of a municipality; or, within 3 miles of the corporate limits of a municipality may be approved only if a resolution of approval has been received from the municipality. In addition, a public hearing, in the vicinity of the lease, must be held if the lease is within 3 miles of an incorporated city, town or, beach.

c. An oil and gas lease on an improved beach, as defined in Section 253.61, F.S., located outside of an incorporated town or municipality; or, abutting or immediately adjacent to an improved beach within the tidal waters of the state; or, within 3 miles of an improved beach into such tidal waters of the state, may be approved only if a resolution of approval has been received from the county within which the beach is situated.

d. Applicants for mineral leases, other than oil and gas, shall obtain written consent from the owners of the surface overlying the mineral interest.

e. Commencement of the required mitigation or other action necessary to satisfy net positive benefit will be required only if and when the lessee conducts any physical activity on the surface of the leased property or if the grant of rights under the oil and gas lease precludes or affects the use of the surface of the leased property for any use other than oil and gas exploration.

f. Drilling, exploration, or production of oil and gas is prohibited within the boundaries of the South Florida Water Management District’s water conservation areas on lands where title is vested in the Trustees.

g. Oil, gas or mineral leases shall clearly specify the particular mineral to be drilled or mined and the manner in which it may be extracted.

h. Prior to extracting any oil, gas, or minerals, lessees may be required to provide financial security against damages caused by its activities on uplands. Examples of acceptable forms of security include a surety or property bond, an irrevocable letter of credit, or payment into the Department of Environmental Protection’s Petroleum Exploration and Production Bond Trust Fund. Examples of factors to be considered by the Trustees in determining whether to require such security include: the potential for air, water, or ground pollution; destruction of wildlife or marine productivity; and damage which impairs the health and general welfare of the citizens of the state. Such security as provided in Section 253.571, F.S., shall be forfeited to the Trustees to pay for any damages caused by such mining or drilling activities. The department shall notify the lessee and give lessee time to take corrective action before applying the security to correct the violation. Should the lessee not respond in the time provided, or if an emergency situation exists, the department shall take immediate remedial or corrective action without further notice.

i. Lessees shall complete the drilling of at least one test well on the leased area within the first 2 1/2 years of the lease term and complete drilling of at least one additional well every 2 1/2 years thereafter until the total number of wells drilled equals one half the number of sections encompassed in the lease. The lessee shall provide a written designation describing the two sections of land to which such well shall apply. For purposes of this provision a well drilled on lands validly pooled with state leasehold acreages shall be considered to have been drilled on the respective Trustees’ lease.

j. If no test well for an oil or gas lease is completed within the first 2 1/2 years of the lease term or each succeeding 2 1/2 year period, the lease shall become void at the end of the applicable 2 1/2 year period as to all of the land covered by the lease, except for that upon which wells have been drilled in accordance with the provisions of Section 253.55, F.S.

k. Wells required in the several periods of said lease shall be drilled in accordance with the provisions of Chapter 253, F.S., in an efficient, diligent and workmanlike manner, and in accordance with the best practice, to a depth of 6000' feet before the abandonment thereof, unless oil or gas has been found in paying quantities at a lesser depth.

l. Drilling operations shall be conducted in accordance with the provisions of Section 253.55, F.S.

m. The 2 1/2 year drilling periods described in subparagraphs j. and k. above shall be extended upon documentation by the applicant prior to expiration that additional time is necessary to obtain all permits. Such additional time may not exceed one year.

(b) Disposal of Trustees-owned Uplands.

1. Examples of conditions under which the Trustees may convey an upland parcel include:

a. The parcel was vested in the state pursuant to Chapter 18296, Laws of Florida, 1937 (Murphy Act), and is 10 acres or less in size and has a market value of $250,000 or less; or

b. The parcel has been designated surplus pursuant to Chapter 253.034, F.S.; or

c. The Trustees determine that conveyance of the parcel by sale, gift or exchange provides a greater benefit to the public than its retention in state ownership.

2. Parcels to be conveyed pursuant to this subsection shall be noticed in accordance with Rule 18-2.019, F.A.C., and applicable law.

3. Conveyance of property pursuant to this section shall be in accordance with the following requirements:

a. Property and improvements shall be sold “as is”, with no warranties nor representations whatsoever.

b. The cost of title insurance, documentary stamp tax, recording fees, any property taxes due, abstract, title certificate, survey, all costs associated with estimating value, legal advertisement and purchaser’s legal fees shall be the responsibility of the purchaser.

c. Property shall be conveyed by quitclaim deed without warranties and shall reserve or contain a reservation prescribed in Section 270.11, F.S., unless waived by the Trustees pursuant to Section 270.11(2)(a), F.S., or exempt from the requirement for reservation pursuant to Section 253.03(3) or 253.62, F.S.

d. Closings shall be in accordance with a sales contract executed by the Trustees.

4. A state agency, any lessee of state-owned lands that is a county or municipality, or the Division may apply for an exchange of state-owned uplands for a parcel of privately-owned uplands by certifying:

a. That it needs a parcel of private land for a particular use; and,

b. That it manages uplands vested in the Trustees which it wishes to use for a state agency exchange. If no uplands managed by the state agency can be identified as excess to its management needs, then uplands which have been selected through the land disposal process may be used instead.

5. Other governmental agencies may apply for an exchange by:

a. Certifying that they need a parcel of Trustees-owned uplands for a specific project; and,

b. Certifying that they own or can acquire exchange property suitable to the Trustees.

6. Exchanges may be applied for by private landowners only if they own or can acquire land on an approved state acquisition list and the parcel sought by the private landowner has been selected for conveyance through the land disposal process.

(c) Use Agreements.

1. Use agreements may be executed when it is determined that the use or management of uplands does not require a lease, sublease, easement, or other similar form of approval.

2. Use agreements shall be limited to a term of five years.

3. Geophysical testing agreements shall be limited to a term of one year.

4. Geophysical testing on uplands shall require a use agreement from the Trustees and a permit for geophysical testing acquired from the Bureau of Geology, Department of Environmental Protection pursuant to Chapter 62C-26, F.A.C.

5. A separate approval for geophysical testing shall not be required when geophysical operations are conducted by the current leaseholder upon land subject to a valid oil, gas or mineral lease granted by the Trustees.

6. The protection of uplands from unnecessary environmental damage shall be achieved by requiring all parties who conduct geophysical testing to strictly follow the Bureau of Geology’s guidelines, procedures, and operational requirements for geophysical testing as specified in Chapters 62C-25 and 62C-26, F.A.C.

7. After completion of any geophysical testing upon uplands, the parcel shall be returned to the original condition prior to the conducting of geophysical testing.

8. Geophysical testing for oil and gas within the boundaries of the South Florida Water Management District’s water conservation areas on lands where title is vested in the Trustees is prohibited.

9. The applicant for a geophysical use agreement shall submit a field operations report to the Department of Environmental Protection, Bureau of Geology, within thirty days after the completion of any survey activities conducted under a geophysical testing use agreement. The report shall contain the following:

a. A narrative description of the work performed, including the type of data obtained and the types of logs produced from the operations;

b. Maps, plats or charts indicating the area in which any exploration was conducted, specifically identifying the lines of geophysical traverses and/or locations where geophysical exploration was conducted, accompanied by a reference sufficient to identify the data produced from each activity;

c. The dates and times during which the actual exploration was performed;

d. The nature and location of any environmental hazards created by the activity;

e. A description of any damage to or loss of state property which resulted from the reported activities; and,

10. Upon written request, the applicant shall provide to the Bureau of Geology, at no cost, one copy of the information described in subparagraphs a. through c. below, if available. Where possible, the information may be furnished in the form of paper copies as opposed to mylar, film or tape. Duplicates shall be furnished upon request at cost of reproduction. The Bureau of Geology shall also have the right to inspect and/or copy at cost, factual and physical exploration results, logs, records and any other processed records excluding interpreted data, including but not limited to the following:

a. Blackline or blueline paper copies of final stacked sections and migrated sections. Paper copies of section chosen for State use shall be made at one-half scale, (2 1/2'' inches per second);

b. Post-plot maps at a scale of 1:48,000 (1' inch equals 4,000 feet) whenever possible or a readable and legible scale for the dimensions of the survey; and,

c. Gravity data reduced or compiled in profile form and magnetometer data corrected for International Geomagnetic Reference Field in profile form whenever available. Data shall include how reductions and corrections were made.

(d) Easements.

1. If a requested easement is located on lands under lease, sublease, management or other use, the applicant shall obtain permission from the authorized managing entity for the easement prior to application to the Trustees.

2. Applications for easements shall be noticed pursuant to Chapter 18-2, F.A.C., and applicable law.

3. If the requested easement is for the benefit of the authorized managing entity and the lease, sublease, etc. provides for the granting of an easement related to the functional use of the property, the authorized managing entity for the property may process and grant the easement. In such case, a copy of any easement granted shall be provided to the Division by the managing entity.

(e) Release of Reservation, Deed and Dedication Restrictions and Reverters.

1. The right of entry for the purpose of exploration and for phosphate, minerals, metals and petroleum or any interest as reserved pursuant to Section 270.11, F.S., in any contract or deed for sale of land executed by the Trustees is hereby released, provided that the property is, or ever has been, a contiguous tract of less than 20 acres in the aggregate and under the same ownership. This provision does not release the Trustees’ oil, gas, or other mineral interest.

2. The right of entry for the purpose of exploration for phosphate, minerals, metals and petroleum or any interest as reserved pursuant to Section 270.11, F.S., in any contract or deed for sale of land executed by the Trustees for parcels 20 acres or greater shall be released, in whole or in part, to the record surface owners, provided the owners certify that the parcel will be a permanent building site and the land use will not involve phosphate, mineral, metal or petroleum extraction. This provision does not release the Trustees’ oil, gas, or other mineral interest.

3. Canal and drainage reservations as reserved by the Trustees shall be released to the record owner(s), provided recommendation from the water management district with jurisdiction has been obtained, and the Trustees determine there is no further need for the reservation.

4. Road right-of-way reservations as reserved by the Trustees shall be released to the record owner(s), provided recommendation from the transportation authority with jurisdiction has been obtained, and the Trustees determine there is no further need for the reservation.

5. Deed or dedication restrictions or reverters shall be released to the record owner(s) if the Trustees determine that there is no longer any present or future public purpose for retaining them and that the affected parcel contains no fragile environmental, historical, archaeological or recreational resources which would require protection through continued enforcement of the restrictions or reverters.

(f) Letters of authorization.

1. Letters of authorization are issued upon receipt by the Division of a written request for an incidental, one-time use, and a determination by the Division that the requested activity will result in no permanent alteration of Trustees-owned uplands, and will not adversely affect the management of the land.

2. Letters of authorization shall contain a condition that the grantee accept all liability associated with the proposed use and shall be countersigned by the grantee.

History

• Rulemaking Authority 253.03(7)(a), 253.034 FS. Law Implemented 253.001, 253.02, 253.03, 253.034, 253.04, 253.111, 253.115, 253.42-.44, 253.47, 253.51-.61, 253.62, 253.77, 253.82, 259.035, 270.07, 270.08, 270.11 FS. History–New 6-4-96, Amended 4-17-02, 5-15-08, 5-29-08, 3-2-16.

Fla. Admin. Code R. 18-2.019 Procedures to Obtain Authorization

(1) Written authorization from the Trustees is required to conduct activities on Trustee-owned uplands.

(2) An applicant shall have 90 days to respond to a request for additional information. If the additional information is not received by the division within the 90 day period, the application shall be considered deactivated.

(3) Public notice.

(a) After receiving an application in compliance with such forms as may be required by this rule requesting the Trustees to sell, exchange, lease, or grant an easement on, over, under, above, or across any land to which it holds title, the Trustees must provide notice of the application. The notice must include the name and address of the applicant; a brief description of the proposed activity and any mitigation; the location of the proposed activity, including whether it is located adjacent to an Outstanding Florida Water or an aquatic preserve; a map identifying the location of the proposed activity subject to the application; a diagram of the limits of the proposed activity; and a name or number identifying the application and the office where the application can be inspected. A copy of this notice must be sent to those persons who have requested to be on a mailing list and to each owner of land lying within 500 feet of the land proposed to be leased, sold, exchanged, or granted for an easement, addressed to such owner as his name and address appears on the latest county tax assessment roll.

(b) The department shall consider comments and objections received in response to the public notice in reaching its decision to approve or deny use of Trustees-owned lands for a proposed activity. If objections are raised which show that the activity does not conform to the requirements of this rule, and the local public would be affected by the activity, the department shall hold an informal public hearing in the county in which the subject property lies.

(c) The department shall provide notice of intended agency action to the applicant and to those who have requested a copy of the intended agency action for that application.

(d) In addition to the notice and publication requirements of paragraph (a) above, before any lease for oil and gas activities within a radius of 3 miles of the boundaries of any incorporated city, or town, or within such radius of any bathing beach, or beaches, outside thereof is offered, the department shall hold a public hearing. Such public hearing shall be noticed by publication once in a newspaper of general circulation, published at least one week prior to said hearing, in the vicinity of the land, or lands, offered to be leased. After such hearing, the board may withdraw said land, or any part thereof, from the market, and refuse to execute such lease or leases if it considers such execution contrary to the public welfare.

(e) Failure to provide the notice as set out in paragraphs (a) and (c) will not invalidate the sale, exchange, lease, or easement.

(f) The notice and publication requirements of this paragraph do not apply to:

1. The release of any reservations contained in Murphy Act deeds or other deeds of the Trustees;

2. Any conveyance of uplands which do not exceed 5 acres in area;

3. The lease or easement for any land when the land is being leased to a state agency;

4. The conveyance of lands pursuant to the provisions of Section 373.4592, F.S.; or

5. Renewals, modifications or assignments.

6. Leases where management of a property has been determined through the selection process for a state acquisition list.

(4) Applications for authorization to use uplands shall be accompanied by a non-refundable application fee. This fee does not apply to applications filed by agencies. Fees shall be made payable to the Florida Department of Environmental Protection. The application fees are as follows:

(a) Lease:

$300

(b) Sublease:

$300

(c) Renewal, Modification, or Assignment:

$300

(d) Easement:

$300

(e) Use Agreement:

1. Geophysical Testing involving uplands only

$800

2. Geophysical Testing involving submerged lands and uplands

$1,000

3. Others

$300

(f) Disposal of Lands:

N/A

(g) Exchange of Lands:

$300

(h) Mineral Interest Sale:

$1,000

(i) Release of Reservation

$300

(j) Reactivation of an Application and transfer or assignment of a previous authorization:

Same as the original fee.

(5) Before a building or parcel of land is offered for lease or sale, it shall first be offered for lease to state agencies, state universities, and Florida College System institutions. The Board shall give priority to state universities and Florida College System institutions over state agencies.

(6) In lieu of the application procedure for leases in this rule, before a surplus parcel or building owned by the Board is leased to a state university, Florida College System institution, or state agency, Section 253.0341(7), F.S., requires the applicant to submit a business plan to the Board for its review and approval. State universities, Florida College System institutions, and state agencies must follow the following application procedures:

(a) A state university, Florida College System institution, or state agency shall submit written notice of its intention to submit a business plan and desire to apply for a lease after the offer for lease is published. Within 60 days after publication of the offer of lease, the state university, Florida College System institution, or state agency shall submit its business plan to the Department for consideration by the Board.

(b) If the applicant chooses to combine elements in its business plan, it shall clearly indicate where in the business plan all statutory requirements of Section 253.0341(7), F.S., and the requirements of this rule are met. The plan shall contain an explanation of such combinations.

(c) A business plan from a state agency shall consist of:

1. A description of the proposed use, including future use, of the building or parcel.

2. A timeline for the renovation or construction of any capital improvements.

3. A statement certifying that the plan submitted to the Board for its review and approval has been approved by the agency head.

4. A description of how the proposed use is of public benefit to the state.

5. All data, studies, and analyses that demonstrate the building or parcel meets an existing need of the applicant that cannot otherwise be met.

6. A capital improvement plan that includes, but is not limited to, projected costs for any building located on or proposed to be located on the parcel.

7. The estimated cost of renovations to any building located on the parcel.

(d) A business plan from a state university or Florida College System institution shall consist of:

1. A description of the proposed use, including future use, of the building or parcel, and a statement of how such future use is consistent with its campus master plan.

2. A statement certifying that the plan submitted to the Board for its review and approval has been approved by the Trustees of the state university or Florida College System institution.

3. A description of how the proposed use is of public benefit to the state.

History

• Rulemaking Authority 253.03, 253.0341 FS. Law Implemented 253.03, 253.0341, 253.115, 253.42, 253.52, 253.77 FS. History–New 6-4-96, Amended 5-15-17.

Fla. Admin. Code R. 18-2.020 Payments and Consideration

(1) Leases.

(a) Consideration for private leases shall be based upon appraisal services obtained as provided in Chapter 18-1, F.A.C., except for oil and gas leases.

(b) For leases, other than oil and gas, staff will recommend awarding of the lease to the bidder offering the highest annual rental.

(c) For oil and gas leases, staff will recommend awarding of the lease to the bidder offering the highest bonus.

(d) Annual payments for oil and gas leases shall be determined by whether the leased parcel is producing or non-producing, as follows:

1. If the leased parcel is non-producing, the annual rental fee shall be $3.50 per net mineral acre.

2. If the leased parcel is producing, the royalties shall be as follows:

a. The royalty shall be 1/4 when the lease area is located within a section that is contiguous to any section with hydrocarbon production or a shut in well capable of producing hydrocarbons. However, if there is an intervening dry hole, the royalty shall be 1/5;

b. The royalty shall be 1/5 when the lease area is located at least one mile but no more than 3 miles from any section with hydrocarbon production or a shut in well capable of producing hydrocarbons. However, if there is an intervening dry hole in the 1/5 royalty area, the royalty shall be 1/6;

c. The royalty shall be 1/6 when the lease area is more than 3 miles from any section with hydrocarbon production or a shut in well capable of producing hydrocarbons.

d. An intervening dry hole must be located between a producing well and the proposed lease area and must be at least to the depth of or the stratigraphic equivalent of the well proposed to be drilled on the lease area.

e. Where multiple wells are drilled and the geographic location raises doubt as to whether the royalty for a potential new location is 1/4, 1/5 or 1/6, the higher royalty shall prevail.

f. As used in reference to oil and gas leases, a chart entitled “Royalty Areas Defined,” is shown as Exhibit “B.”

(e) The annual payment for mineral leases, other than oil and gas leases, shall be a predetermined percentage of revenues received from the extraction of mineral based on current fair market practices.

(2) Disposal.

(a) For parcels with an estimated value in excess of $500,000, the sale price for the disposal of uplands shall take into consideration appraisal services as provided in Chapter 18-1, F.A.C.

(b) Disposal of parcels with a market value over $500,000 shall be initially offered for sale by competitive bid. Any parcels unsuccessfully offered for sale by competitive bid, and parcels with an estimated value of $500,000 or less, may be sold by any reasonable means, such as those identified in Section 253.0341(9), F.S. The real estate brokerage fee or auction fee shall not exceed 10% of the purchase price of the parcel.

(c) Sales of mineral interests shall be competitively bid unless the Trustees do not own the surface, in which case the consideration shall be negotiated with the surface owner.

(d) If successful in the bid process, private landowners may apply their land as full or partial payment for the state parcel but in no case shall the credit given be more than the market value.

(3) Use Agreements.

(a) Appraisals and competitive bidding are not required for use agreements.

(b) Except for geophysical crossings, the consideration for use agreements shall be negotiated based on the type of activity.

(c) The consideration for use agreements for geophysical crossings shall be set at $600 per mile. The mileage fee shall be based upon the number of miles of uplands permitted and is non-refundable.

(4) Easements.

(a) A one-time fee for private easements shall be assessed and based upon an appraisal, a comparable sales analysis, or a broker’s opinion of value. Notwithstanding, private easements shall be assessed and based upon an appraisal if the Division, using best professional judgment, finds the easement has an estimated value greater than $10,000 or if the Division, using best professional judgment, is unable to determine an initial estimated value.

(b) For the purposes of this rule, broker’s opinion of value and comparable sales analysis are valuation techniques, which are not appraisals, that are performed under Chapter 475, Part 1, F.S., comparing available market data such as sales, listings, and contracts to the property being analyzed.

(c) Competitive bidding shall not be required for this activity.

(d) Public easements shall not be subject to an easement fee.

(5) Release of Restrictions or Reverters.

(a) There shall be no consideration for the release of reserved interest for road right of way, canal right of way and right of entry for oil and gas exploration activities.

(b) The consideration for release of all other deed or dedication restrictions or reverters shall be based upon negotiation and shall be sold only to the current property owner.

(6) Letters of authorization.

(a) Appraisals and competitive bidding are not required for letters of authorization.

(b) Consideration for letters of authorization shall be negotiated based on the type of activity.

(7) Competitive Bidding Procedures.

(a) When competitive bidding is required, notice to bidders shall be given by publication in a newspaper published in the county in which the lands are located not less than once a week for two consecutive weeks. The notice shall provide the following:

1. Location of the parcel by Section, Township and Range, or by tax identification number;

2. The total approximate acreage of the parcel for lease or sale;

3. The term of lease and any renewal options, if applicable;

4. A statement of obligations of the grantee for taxes and drainage assessments;

5. The minimum value of improvements to be made, if any;

6. Any conditions deemed necessary by the Board;

7. The deadline, date and time, for the receipt of sealed bids in the office of the division; and,

8. The address to which the bid shall be directed and posted, or

9. In lieu of all the foregoing, the publication may be limited to subparagraphs 1., 2. and 8., and notice that a complete statement concerning terms of the lease or sale will be forwarded to interested bidders upon request.

(b) When the requested lease is for oil and gas activities or a mineral sale, the notice to bidders shall be given by publication in a newspaper of general circulation in Leon County and in the area vicinity not less than once a week for four (4) consecutive weeks. The last publication in both newspapers shall not be less than 5 days in advance of the award date.

(c) Upon request, applicants will be sent a bid specification packet which shall include the following information:

1. Materials, instructions and deadline for submitting bids; and,

2. A copy of the proposed lease or sales contract.

(d) Sealed bids shall be accompanied by a certified check, cashier’s check, or letter of credit from a financial institution as defined by Section 655.005, F.S., and shall not exceed either 10% of the amount bid for the annual rental fee or 10% of the purchase price as payment for the earnest money deposit. The exact amount required as the earnest money deposit shall be set forth in the bid specifications packet. The successful bidder’s deposit will be credited toward the lease fee or purchase price unless otherwised provided in the bid documents.

(e) Deposits for unsuccessful or rejected bids shall be returned within 10 working days after the awarding of the bid by the Trustees.

(8) Administrative Fee.

Each government lessee shall pay to the division an annual administrative fee of $300.00 for each lease or management agreement authorizing the lessee to occupy uplands.

(a) The annual administrative fee shall be payable in advance beginning on July 1, 1993, and continuing on July 1 of each year thereafter.

(b) For leases and for subleases executed after July 1, 1993, the initial annual administrative fee shall be prorated based on the number of months or fraction thereof remaining in the fiscal year of execution.

(c) Each annual payment thereafter shall be due and payable on July 1 of each subsequent year in the amount of $300.00.

History

• Rulemaking Authority 253.03, 253.0341 FS. Law Implemented 253.03, 253.0341, 253.42, 253.51-.54, 253.571, 270.11 FS. History–New 6-4-96, Amended 5-29-08, 5-15-17.

Fla. Admin. Code R. 18-2.021 Land Management Planning and Land Use Evaluation Procedures of the Acquisition and Restoration Council

(1) The Council shall hold periodic meetings at the request of the chair. The meetings shall be recorded electronically and such records shall be preserved pursuant to Chapters 119 and 267, F.S.

(2) Responsibilities and Procedures.

(a) The responsibilities of the council shall include:

1. Reviewing each plan or sublease over 160 acres, and each surplus land determination within 60 days after receipt from the division.

2. Considering the propriety of the agency’s recommendations regarding the future use of the land, protection of fragile and non-renewable resources, maintenance and use of renewable resources.

3. Identifying the potential for alternative or multiple uses not recognized by the managing agency.

4. Identifying lands surplus to the agency’s need which could be used by or reserved for other agency use or disposed of as surplus.

5. Considering whether lands would be more appropriately owned or managed by a county or other local government and whether a sale, lease, or other conveyance would be in the interests of the State and local government.

(b) The procedures of the council shall include:

1. All management plans and subleases for areas over 160 acres in size, and all surplus land determinations shall be reviewed by the council prior to submittal to the Board. Utilizing the policies, standards, and criteria of this rule, the council shall specifically recommend to the Board whether to approve, approve with modifications, or reject a management plan, sublease, or surplus lands determination.

2. Management plans and subleases for areas less than 160 acres in size, may at the request of three (3) or more council members, be submitted to the council for review and recommendations.

3. A recommendation by the Council to the Board on management plans and subleases shall be by majority vote of those present, while a recommendation to the Board to surplus conservation lands, including land exchanges, shall be by the concurrence of at least six (6) members.

4. The use of State-owned land in a manner which is inconsistent with the existing lease or the approved land management plan, shall cause the lease to be subject to termination by the Board. The council shall recommend to the Board when such uses are not in accordance with the approved management plan or lease/agreement.

(3) Agency Duties.

(a) Primary staff support for the council shall be provided by the division, including the recording functions.

(b) The managing agency should be prepared to respond to any inquiries or issues.

(c) The managing agency shall prepare executive summaries which highlight important management facts, issues, or problems, and any public input which went into developing the plan or sublease.

(4) Management Plans. Plans submitted to the Division for Council review under the requirements of Sections 253.034 and 259.032, F.S., shall contain, where applicable to the management of resources, the following:

(a) The common name of the property.

(b) A map showing the location and boundaries of the property plus any structures or improvements to the property.

(c) The legal description and acreage of the property.

(d) The degree of title interest held by the Board, including reservations and encumbrances such as leases.

(e) The land acquisition program, if any, under which the property was acquired.

(f) The designated single use or multiple use management for the property, including other managing agencies and private land managers, if any, that could facilitate the restoration or management of the land.

(g) Proximity of property to other significant State, local, or federal land or water resources.

(h) A statement as to whether the property is within an aquatic preserve or a designated area of critical State concern or an area under study for such designation.

(i) The location and description of known and reasonably identifiable renewable and non-renewable resources of the property including, but not limited to, the following:

1. Brief description of soil types, using U.S.D.A. maps when available,

2. Archaeological and historical resources,

3. Water resources including the water quality classification for each water body and the identification of any such water body that is designated as an Outstanding Florida Water under Rule 62-302.700, F.A.C.,

4. Fish and wildlife and their habitat,

5. State and federally listed endangered or threatened species and their habitat,

6. Beaches and dunes,

7. Swamps, marshes and other wetlands,

8. Mineral resources, such as oil, gas and phosphate,

9. Unique natural features, such as coral reefs, natural springs, caverns, large sinkholes, virgin timber stands, scenic vistas, and natural rivers and streams, and

10. Outstanding native landscapes containing relatively unaltered flora, fauna, and geological conditions.

(j) A description of actions the agency plans to take to locate and identify unknown resources such as surveys of unknown archaeological and historical resources.

(k) The identification of resources on the property that are listed in the Natural Area Inventory.

(l) A description of past uses, including any unauthorized uses of the property.

(m) A detailed description of existing and planned use(s) of the property.

(n) For managed areas larger than 1,000 acres, an analysis of the multiple-use potential of the property. Such analysis shall include:

1. The potential of the property to generate revenues to enhance the management of the property provided that no lease, easement, or license for such revenue-generating use shall be entered into if the granting of such lease, easement, or license would adversely affect the tax exemption of the interest on any revenue bonds issued to fund the acquisition of the affected lands from gross income for federal income tax purposes, pursuant to Internal Revenue Service regulations, and

2. If the lead management agency determines that timber resource management is not in conflict with the primary management objectives of the managed area, a component or section, prepared by a qualified professional forester, that assesses the feasibility of managing timber resources pursuant to Section 253.036, F.S.

(o) A detailed assessment of the impact of planned uses on the renewable and non-renewable resources of the property, including soil and water resources, and a detailed description of the specific actions that will be taken to protect, enhance and conserve these resources and to mitigate damage caused by such uses, including a description of how the manager plans to control and prevent soil erosion and soil or water contamination.

(p) A description of management needs and problems for the property, including:

1. Key management activities necessary to conserve and protect natural, historical and archaeological resources; to restore habitat; to control the spread of nonnative plants and animals; and to implement prescribed fire management; and other resource management activities that would enhance the natural, historical and archaeological resource values or public recreation value for which the lands were acquired,

2. A priority schedule for conducting key management activities and the other management activities, as identified in sub-subparagraph 1., above, and

3. A cost estimate for conducting key management activities and the other management activities as identified in sub-subparagraph 1. above, including recommendations for cost-effective methods of accomplishing those activities.

(q) Identification of adjacent land uses that conflict with the planned use of the property, if any.

(r) A description of legislative or executive directives that constrain the use of such property.

(s) A finding regarding whether each planned use complies with the State Lands Management Plan, particularly whether such uses represent “balanced public utilization”, specific agency statutory authority, and other legislative or executive constraints. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000, or by calling (850)245-2784.

(t) An assessment as to whether the property, or any portion, should be declared surplus.

(u) Identification of other parcels of land within or immediately adjacent to the property that should be purchased because they are essential to management of the property.

(v) A description of the management responsibilities of each agency and how such responsibilities will be coordinated, including a provision that requires that the managing agency consult with the Division of Historical Resources, Department of State before taking actions that may adversely affect archaeological or historic resources.

(w) A statement concerning the extent of public involvement and local government participation in the development of the plan, if any, including a summary of comments and concerns expressed by the advisory group, if required by Section 259.032, F.S., and the management review team, if required by Section 259.036, F.S.

(5) Policies, Standards, and Criteria. The following management policies, standards, and criteria will be used by the council to determine whether to recommend approval, approval with conditions or modifications, or to reject any agency management plan, sublease or surplus land determination.

(a) The policies, standards, and criteria that are enumerated in Chapter 18-2, F.A.C., “Management of Uplands Vested in the Board of Trustees.”

(b) The policies, standards, and criteria that are enumerated in Chapter 18-21, F.A.C., “Sovereignty Submerged Lands Management.”

(c) The policies, standards, and criteria that are enumerated in the “State Lands Management Plan”. A copy of the Plan may be obtained electronically at www.dep.state.fl.us/lands/oes/SLMP.pdf, or by writing to the State of Florida Department of Environmental Protection, Division of State Lands, Office of Environmental Services, 3900 Commonwealth Boulevard, Mail Station 140, Tallahassee, Florida 32399-3000 or by calling (850)245-2784.

(6) Sublease Reviews.

(a) Pursuant to Section 253.034, F.S., an agency managing or leasing conservation lands greater than 160 acres in size from the Board shall not sublease lands without prior review by the Division and the Council and subsequent approval by the Board.

(b) All sublease requests shall be made pursuant to Chapter 18-2, F.A.C., and applicable laws governing the leasing and subleasing of State-owned lands.

(c) Subleases submitted to the Division for review shall include the following:

1. Twelve copies of all material submitted.

2. A copy of the proposed sublease.

3. A statement regarding how the sublease complements and conforms with the agency’s management plans for the subject property.

4. A statement specifically identifying how the sublease conforms to the agency’s statutory authority.

5. Identification of the sublease fees, rentals, or other charges and how these fees were established; i.e., appraised market value, negotiated, or competitive bid.

6. Identification of where the sublease revenues will be deposited and how they will be utilized by the agency.

(7) Surplus Land Determination.

(a) The Council for conservation lands, or the Division for nonconservation lands, shall review all state lands which are not actively managed by any state agency, for which a land management plan has not been completed, or are recommended for disposal by any state agency, and recommend to the Board if such lands should be disposed of.

(b) In developing a recommendation the council shall consider the following factors:

1. Environmental value including flora and fauna, geology, hydrology, and general importance to the regional ecological systems,

2. Recreational value, including potential as a state managed recreational area,

3. Cultural value,

4. Size and location, including management feasibility and relationship to other State managed areas, and

5. History and potential of revenue production.

(c) If a determination is made that a parcel of state land should be disposed of by the Board, the Council for conservation lands, or the Division for nonconservation lands, shall consider and make recommendations of the following:

1. Whether such lands would be more appropriately owned or managed by the county or other unit of local government in which the land is located, and whether any unit of local government has expressed an interest in the subject parcel.

2. Whether the property should be leased, exchanged, transferred in fee simple, or transferred with a restriction as to use, right of reversion, or other special deed provisions.

3. For conservation lands, whether the property is no longer needed for conservation purposes.

(d) For conservation lands the Council shall determine whether the request for surplusing is compatible with the resource values of and management objectives for such lands.

(e) When surplusing conservation lands as part of a land exchange, the Council also shall evaluate the lands being offered for exchange to determine if they are of equal or greater conservation benefit than the state lands and whether the exchange would result in a net-positive conservation benefit, regardless of appraised value.

MANAGEMENT OF UPLANDS

History

• Rulemaking Authority 253.03 FS. Law Implemented 253.022, 253.034 FS. History–New 6-4-96, Amended 5-15-08.

Chapter 18-14 ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF

Fla. Admin. Code R. 18-14.001 Definitions

As used in this rule chapter:

(1) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.

(2) “Department” means the Department of Environmental Protection.

(3) “Fine” means a monetary assessment imposed on a person or the agent of a person who willfully damages state lands, willfully damages or removes products of state lands in violation of state or federal law, or knowingly refuses to comply with or willfully violates Chapter 253, F.S.

(4) “Offense” means each day during any portion of which a violation of Chapter 253, F.S., and this rule occurs.

(5) “Person” means individuals, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations; and a political subdivision of the state.

(6) “Products” means, without limitation, indigenous, planted or exotic trees and other vegetation, or portions thereof; peat; solid minerals, phosphate, or limestone; oil or gas; metals; or other inorganic material, such as sand or gravel. For purposes of this rule, animal wildlife within the jurisdiction of the Florida Fish and Wildlife Conservation Commission and seashells shall not be considered products of state lands.

(7) “State land” means that land, title to which is vested in the Board pursuant to Section 253.03, F.S.

History

• Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.01, 16Q-14.001.

Fla. Admin. Code R. 18-14.002 Determination of Fines

(1) A person or agent of a person who willfully damages state land, willfully damages or removes products from state land in violation of state or federal law, or knowingly refuses to comply with or willfully violates the provisions of Chapter 253, F.S., shall also be in violation of this rule and shall incur a fine up to $10,000 per offense.

(2) When determining the amount of a fine to be imposed, the Board shall consider:

(a) The value of products removed from state land;

(b) The diminished value of state land or products, or the cost of restoring the affected state land or products;

(c) Lost revenue from impaired use of the affected state land;

(d) The need to deter future violations by removing any economic benefits to the violator from failure to comply with the law;

(e) Aggravating or mitigating circumstances specific to the violation, including the nature and extent of the violation, a violator’s degree of cooperation in correcting the violation and a violator’s good faith efforts to negotiate a settlement before formal legal proceedings begin; and,

(f) Lost or impaired opportunities for public use of the affected state land.

(3) Payment of all or part of a fine may be waived when purposes of the law and this rule are not frustrated, and when fairness would result.

(4) Fines imposed pursuant to this rule shall be:

(a) $1 ‒ $2,500 for the first offense;

(b) $1,000 ‒ $10,000 for the second or subsequent offenses; and,

(c) Fines for first offenses may exceed $2,500 upon approval by the Board.

History

• Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.02, 16Q-14.002.

Fla. Admin. Code R. 18-14.003 Violations

It shall be a violation of this rule for any person or the agent of any person to knowingly refuse to comply with any provision of Chapter 253, F.S., willfully violate any provision of Chapter 253, F.S., or to willfully damage state land (the ownership or boundaries of which have been established by the state) or products thereof, by doing any of the following:

(1) Fill, excavate, or dredge, including prop dredging in a manner which produces a defined channel, on state land without the lease, license, easement or other form of consent required by the Board.

(2) Remove, in violation of state or federal law, any product from state land without written approval or specific exemption from the Board or Department.

(3) Discharge contaminants, wastes, effluents, sewage or any other pollutant as defined in Chapter 376 or 403, F.S., on, under or over state land; when such discharge is in violation of Chapter 403, F.S., or conditions of a permit issued pursuant to that chapter, or conditions of a lease or easement issued pursuant to Chapter 253, F.S.

(4) Maintain, place or build permanent or temporary structures, including, but not limited to, additions to existing structures; all structures whose use is not water-dependent; sanitary septic systems; fences, docks and pilings; houses; oil rigs; and utility installations on or over state land without consent or authority from the Board or Department.

(5) Place garbage, refuse, or debris on or over state land without approval by the Board or Department.

(6) Any other willful act that causes damage to state land, or products thereof, when such activity occurs without the required approval by the Board or Department.

History

• Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.03, 16Q-14.003.

Fla. Admin. Code R. 18-14.004 Applicability

History

• Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.04, 16Q-14.004, Repealed 3-12-12.

Fla. Admin. Code R. 18-14.005 Imposition and Collection of Fines

Fines shall be imposed and collected by the Board pursuant to Section 253.04(2) and Chapter 120, F.S. Nothing in this rule chapter shall be construed to preclude the Board from bringing suits or taking action as is otherwise lawfully authorized against any person or the agent of any person who has been found to have damaged state land or products thereof; provided, however, that any administrative fines imposed pursuant to this rule chapter shall be in lieu of monetary damages authorized pursuant to Section 253.04, F.S., for the same offense.

(1) Before any fine can be imposed, the Secretary of the Department or the appropriate Director of District Management shall issue a notice of violation to suspected and known violators giving notice of the violation and specifying the violator’s rights under Chapter 120, F.S. Such notice shall be served on the violator by actual delivery; by service of process in accordance with Florida Rules of Civil Procedure; or by certified mail, return receipt requested; and shall identify the provision of law or rule alleged to have been violated. The notice of violation shall include a brief statement of the facts constituting the alleged violation and the basis for the claim that the land affected by the alleged violation is owned by the state.

(2) The notice shall demand that the violation cease immediately, and that the violator take reasonable corrective measures within 20 days. The notice shall state that if a violation is not stopped immediately and corrected within 20 days or at a later time agreed to by the Department and the violator, a fine shall be considered imposed.

(3) Upon imposition of a fine, the Secretary of the Department shall issue a certified letter to the violator demanding payment to the Internal Improvement Trust Fund within 15 days of receipt. If payment is not received by the Department within such 15 day period or at a later time agreed to by the Department and the violator, the fine shall become a lien upon the real and personal property of the violator, enforceable by the Department as a statutory lien pursuant to Chapter 85, F.S.

(4) Unless a request for an administrative hearing pursuant to Section 120.57, F.S., is filed (received by the Department’s clerk) within 20 days after service of the notice, the notice of violation, and the allegations contained therein, shall become binding and final, and the right to an administrative hearing shall be deemed waived.

(5) Upon notice of violation, if any person or agent of any person ceases the activity alleged to be in violation of this rule and Chapter 253, F.S.; makes application to the Department for the required form of consent to use the state land at issue; and agrees to remove any structure or fill in violation, or to restore any excavation or dredging in violation; then the Secretary of the Department shall have the authority to fix, impose and collect a fine not to exceed $2,500 per offense.

History

• Rulemaking Authority 253.04(2) FS. Law Implemented 253.04 FS. History–New 7-7-85, Formerly 16Q-14.05, 16Q-14.005.

Chapter 18-18 BISCAYNE BAY AQUATIC PRESERVE

Fla. Admin. Code R. 18-18.001 Intent

(1) The Biscayne Bay Aquatic Preserve, the boundaries of which are fully described in Rule 18-18.002, F.A.C., was established for the purpose of preserving and enhancing Biscayne Bay and all natural waterways tidally connected to the bay in an essentially natural condition so that its biological and aesthetic values may endure for the enjoyment of future generations.

(2) These rules shall apply to all lands public and private within the boundaries of the preserve. However, privately owned uplands shall be excluded from these rules except as otherwise provided for herein.

(3) In promulgating and implementing these rules, it is the intent of the Department to construe the provisions of Sections 258.397 and 258.35 through 258.46, F.S., together and to apply the more stringent statutory provisions for the maintenance of the preserve.

(4) The preserve shall be administered and managed in accordance with the following goals:

(a) To preserve, protect, and enhance Biscayne Bay and all natural waterways tidally connected to the bay by reasonable regulation of human activity within the preserve through the development and implementation of a comprehensive management program;

(b) To protect and enhance the waters of the preserve so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating and fishing;

(c) To coordinate with federal, state, and local agencies to aid in carrying out the intent of the legislature in creating the preserve;

(d) To use applicable federal, state, and local management programs, which are compatible with the intent and provisions of the Act and these rules, to assist in managing the preserve;

(e) To encourage activities that protect or enhance the biological and aesthetic values of the preserve, including but not limited to the modification of existing manmade conditions towards their natural condition, when reviewing applications or developing and implementing management plans for the preserve;

(f) To preserve and promote indigenous life forms and habitats including but not limited to sponges, soft corals, hard corals, seagrasses, mangroves, mud flats, marine reptiles, game and non-game fish species, marine mammals, tropical marine invertebrates, birds and shellfish;

(g) To acquire additional title interests in land wherever such acquisitions would serve to protect or enhance the biological or aesthetic values of the preserve.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.36, 258.39(27), 258.397 FS. History–New 3-20-80, Formerly 16Q-18.01, 16Q-18.001.

Fla. Admin. Code R. 18-18.002 Boundaries and Scope of the Preserve

(1) Biscayne Bay Aquatic Preserve shall be comprised of all publicly and privately owned submerged lands, the water column over such lands, and publicly owned islands within the following described boundary. The preserve boundary extends across the mouths of all artificial waterways, but includes all natural waterways tidally connected to Biscayne Bay.

(a) The preserve is described as follows:

Biscayne Bay, the northern limit of which is N. E. 163 Street; the Oleta River north to its headwaters in the center of Section 33, Township 51 South, Range 42 East; Arch Creek to salinity control structure at N. E. 135 Street, 175 feet east of the Florida East Coast Railroad tracks; Little Arch Creek to salinity control structure LA- 02, approximately 71 feet east of the center line of N. E. 128 Street; Little River to salinity control structure S-27 located at approximately N. E. 82 Terrace, 200 feet east of the Florida East Coast Railroad tracks; Miami River to salinity control structure S-26, located approximately 500 feet south of N. W. 36 Street; South Fork of the Miami River, also known as Comfort Canal, to salinity control structure S-25 located at N. W. 29 Avenue; Indian Creek south to and including Lake Pancoast, but excluding Collins Canal; Coral Gables Waterway to the intersection of Ingram Highway, Old Cutler Road, Sunset and S. W. 42 Avenue, also known as LeJeune; Black Creek to the most easterly salinity control structure located 0.5 miles upstream from the mouth in the eastern 1/2 of Section 21, near the boundary of Section 22, Township 56 South, Range 40 East; and other tidally flushed natural waterways in south Biscayne Bay which have no known name. Begin at the southwest intersection of the right-of-way of State Road 826 and the mean high water line of Biscayne Bay (Township 52 South, Range 42 East, Dade County), thence southerly along the westerly mean high water line of Biscayne Bay to its intersection with the right-of-way of State Road 905A (Township 59 South, Range 40 East, Monroe County); thence easterly along such right-of-way to the easterly mean high water line of Biscayne Bay; thence northerly along the easterly mean high water line of Biscayne Bay following the westerly shores of the most easterly islands and Keys with connecting lines drawn between the closest points of adjacent islands to the southeasterly intersection of the right-of-way of State Road 826 and the mean high water line of Biscayne Bay, thence westerly to the point of beginning.

(b) This description is not intended to exclude from the preserve any natural waterways tidally connected to the preserve, whether or not artificially altered, which are not identified in the above description.

(c) Excluded from the preserve are those submerged lands of the Biscayne National Monument.

(d) For the purpose of clarification and interpretation, the legal description set forth above does not include any land which is expressly recognized as privately owned upland in a pre-existing recorded mean high water line settlement agreement between the Board and a private owner or owners. Provided, however, in those instances wherein a settlement agreement was executed subsequent to the passage of the Florida Coastal Mapping Act, the determination of the mean high water line shall be in accordance with the provisions of such act.

(2) The attached map shows the general location of the preserve. It is included for informational purposes only and is not intended to be, nor is it, an accurate depiction of the legal boundaries of the preserve.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(2) FS. History–New 3-20-80, Formerly 16Q-18.02, 16Q-18.002.

Fla. Admin. Code R. 18-18.004 Definitions

(1) “Act” means the provisions of Sections 258.397 and 258.35 through 258.46, F.S. Pursuant to the provisions of Section 258.39(27), F.S., where Sections 258.397 and 258.35 through 258.46, F.S., conflict, the stronger provision for the maintenance of the preserve shall prevail.

(2) “Activity” means any project and such other human action within the preserve which may require a license from the Department of Environmental Protection.

(3) “Aesthetic values” means scenic characteristics or amenities of the preserve in its essentially natural state or condition, and the maintenance thereof.

(4) “Applicant” means any person making application for a permit, license, conveyance of an interest in state owned lands or any other necessary form of governmental approval in order to perform an activity within the preserve.

(5) “Biological values” means the preservation and promotion of indigenous life forms and habitats, including but not limited to, sponges, soft corals, hard corals, seagrasses, mangroves, mud flats, marine reptiles, game and non-game fish species, marine mammals, tropical marine invertebrates, birds and shellfish.

(6) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the internal Improvement Trust Fund.

(7) “Commercial/industrial dock” means a dock which is located on or over submerged lands and which is used to produce income, or which serves as an inducement to renting, purchasing, or using accompanying facilities including without limitation multi-family residential facilities. This term shall be construed to include any dock not a private dock.

(8) “Department” means the State of Florida Department of Environmental Protection, as administrator for the Board.

(9) “Dock” means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels either temporarily or indefinitely.

(10) “Essentially natural condition” means those conditions which support the continued existence or encourage the restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the significant development adjacent to and within the preserve.

(11) “Extreme hardship” means a significant burden, unique to the applicant and not shared by property owners in the area. Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act shall not be construed as an extreme hardship. Extreme hardship under this act shall not be construed to include any hardship which arises in whole or in part from the effect of other federal, state or local laws, ordinances, rules, or regulations. The term may be inherent in public projects which are shown to be a public necessity.

(12) “Fill” means materials deposited by any means onto submerged lands or transitional zones or submerged lands below mean high water within the preserve.

(13) “Lease” means a conveyance of interest in lands, title to which is vested in the Board, granted in accordance with specific terms set forth in writing.

(14) “Marina” means a small craft harbor complex used primarily for recreation.

(15) “Person” means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms, and all other associations and combinations, whether public or private, including governmental entities.

(16) “Pier” means a structure on or over the submerged lands which is used by the public primarily for fishing, swimming, sunbathing, or viewing the bay. A pier shall not include a dock.

(17) “Preserve” means the Biscayne Bay Aquatic Preserve which is an exceptional area of submerged bay lands and natural waterways tidally connected to the bay, including all privately and publicly owned submerged lands, the water column over such other lands, all publicly owned islands, and such other lands as the Board may purchase or approve for inclusion.

(18) “Private dock” means a dock located on or over submerged lands, which is used for private leisure purposes for a single family dwelling unit and does not produce income.

(19) “Project” means any human action within the preserve requiring the use, sale, lease or transfer of interest in sovereignty lands or severance of materials from sovereignty lands.

(20) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the Board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer or severance of materials.

(21) “Public navigation project” means a project primarily for the purpose of navigation which is authorized and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.

(22) “Public necessity” means works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists.

(23) “Quality of the preserve” means the degree of the biological and aesthetic values of the preserve necessary for present and future enjoyment of it in an essentially natural condition.

(24) “Resource management agreement” means a contractual agreement between the Board and one or more parties which does not create an interest in real property but merely authorizes conduct of certain management activities on lands held by the Board.

(25) “Riparian rights” means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.

(26) “Sale” means a conveyance of interests in lands, by the Board, for consideration.

(27) “Spoil” means materials dredged from submerged lands which are redeposited or discarded, by any means, onto either submerged lands or uplands not for the purpose of creating new uplands.

(28) “Transfer” means the act of the Board by which any interest in lands, including easements, other than sale or lease, is conveyed.

(29) “Upland canal” means an artificial waterway, irrespective of its purpose which is constructed above the mean high water line, and which is connected, or intended to be connected, to the waters of the preserve.

(30) “Utility of the preserve” means fitness of the preserve for the present and future enjoyment of its biological and aesthetic values in an essentially natural condition.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(4) FS. History–New 3-20-80, Formerly 16Q-18.04, 16Q-18.004.

Fla. Admin. Code R. 18-18.005 General Management Criteria

Before the Board approves the sale, lease of transfer of interest in state lands or severance of materials therefrom, or the Secretary comments favorably concerning activities on private lands within the preserve, an applicant must affirmatively demonstrate, where applicable, that:

(1) Proposed dredging is the minimum necessary to accomplish the stated purpose and that the activity is designed to minimize the need for maintenance dredging;

(2) No new lands will be created by filling or spoiling unless no other alternative exists to accomplish the stated purposes, and project is designed to require the minimum filling to accomplish the stated purpose of the activity consistent with the protection of the preserve;

(3) Marina facilities over water are restricted to those water dependent activities necessary to service boats and allow for fishing or fish cleaning activities and are designed to allow the unimpeded flow of water and minimize bottom shading;

(4) Docks and piers are designed to allow the unimpeded flow of water and minimize bottom shading;

(5) Utility cables are placed within the bottom or laid on the bottom and located along a route in a manner which will cause minimum disturbance to the marine habitats;

(6) Dredged spoil materials are disposed of outside of the preserve unless the applicant affirmatively demonstrates that the spoil will not be harmful to or will benefit the quality or utility of the preserve.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(3), (4) FS. History–New 3-20-80, Formerly 16Q-18.05, 16Q-18.005.

Fla. Admin. Code R. 18-18.006 Uses, Sales, Leases or Transfers of Interests in Lands or Materials Held by the Board

(1) A use, sale, lease or transfer of sovereign lands or materials shall be subject to such terms, conditions or deed restrictions as the Board deems necessary to protect the quality or utility of the preserve and further the intent of the Act and these rules. A condition of a sale, lease or transfer of sovereign land materials shall be the applicant’s reimbursement for the Department’s cost of advertising and notification of adjacent property owners.

(2) The document which manifests a use, sale, lease or transfer of lands or materials shall state, with particularity, the projects to be conducted. Additional projects not expressly included in the document are prohibited and may be conducted only after further approval by the Board.

(3) Uses, Sales, Leases, or Transfers of Interests in Lands.

(a) All projects to be conducted on lands held by the board shall require prior approval of the Board in the form of a sale, lease, or transfer agreement, or a resource management agreement for the proposed use of such land.

(b) There shall be no further use, sale, lease, or transfer of interests in sovereignty submerged lands unless an applicant affirmatively demonstrates sufficient facts to support a finding by the Board that:

(I) An extreme hardship exists for the applicant at the time the application is filed; and,

(II) The use, sale, lease, or transfer of interest and the project planned in conjunction with the use, sale, lease or transfer of interest are in the public interest; and,

(III) The project planned in conjunction with the use, sale, lease, or transfer of interest is consistent with these rules and management plans when developed for the preserve;

(IV) If there are to be structures constructed, or dredging and filling undertaken on the sovereignty submerged land, the project for which a use, sale, lease or transfer of interest of sovereignty submerged lands is sought shall be one of the following:

1. A public navigation project,

2. Creation or maintenance of a commercial/industrial dock,

3. Creation or maintenance of a marina,

4. Creation or maintenance of a pier,

5. Creation or maintenance of a shore protection structure,

6. Installation or maintenance of approved navigational aids,

7. Creation or replacement of structures required for the installation or expansion of public utilities, and

8. Other projects which are a public necessity or which are necessary to enhance the quality or utility of the preserve and which are consistent with the Act and this chapter.

(v) In the case of the projects enumerated in sub-sub-subparagraphs 18-18.006(3)(b)(IV)1., 2., 3., 4., 5. and 6., F.A.C., the project is designed so that the structure or structures to be built in, on, or over submerged lands are limited to structures necessary to conduct water dependent activities; and no other reasonable alternative exists which would allow the proposed project to be constructed or undertaken outside the preserve.

(c) A commercial/industrial dock on sovereignty lands shall require a lease. Private docks to be constructed and operated on sovereignty lands shall not require a lease of those lands.

(d) The failure of the Board to affirmatively find that a project complies with the provisions of paragraph 18-18.006(3)(b), F.A.C., shall preclude a finding of consistency with these rules and management plans when developed for the preserve.

(4) Sales or Transfers of Materials to be Severed.

(a) There shall be no severance of bottom sediment or rock unless an applicant affirmatively demonstrates sufficient facts to support a finding by the Board that:

(I) Sales or transfer of materials to be severed and the project planned in conjunction with that sale or transfer is in the public interest; and

(II) The sale or transfer of materials to be severed and the project planned in conjunction with the sale of transfer of those severed materials is consistent with these rules and the management plans when developed for the preserve.

(b) There shall be no excavation of shell or minerals.

(c) There shall be no sale or transfer of materials to be severed for the sole or primary purpose of providing fill or creating new lands.

(d) There shall be no drilling of wells within the preserve.

(e) Spoil disposal within the preserve is discouraged by the Board. Spoil disposal will be approved within the preserve only where:

(I) The placement of spoil is on a self-contained upland site; or

(II) The placement of spoil will enhance the quality or utility of the preserve.

(5) The failure of the Board to affirmatively find that a project complies with the provisions of paragraph 18-18.006(3)(b), F.A.C., shall preclude approval of the project by the Board.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(3), (4) FS. History–New 3-20-80, Formerly 16Q-18.06, 16Q-18.006.

Fla. Admin. Code R. 18-18.007 Activities Involving Lands and Materials Not Held by the Board

(1) The applicant for activities on lands not owned by the Board must be the owner of record, or his authorized agent. The applicant shall submit to the Department evidence of ownership or other forms of legal entitlement as part of the application for activities on lands not owned by the Board.

(2) Applications for activities on lands not owned by the Board shall be reviewed by the Department for consistency with these rules and management plans when developed for the preserve.

(3) Nothing in these rules shall be construed to impose any of the requirements set forth in subsections (1) and (2) above upon development undertaken on upland portions of islands not owned by the Board in the preserve that does not require a license pursuant to the water quality, dredge and fill and solid waste provisions of Chapter 253 or 403, F.S.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(2), (4) FS. History–New 3-20-80, Formerly 16Q-18.07, 16Q-18.007.

Fla. Admin. Code R. 18-18.008 Cumulative Impacts

In evaluating applications for activities within the preserve, the department recognizes that, while a particular alteration of the preserve may constitute a minor change, the cumulative effect of numerous such changes often results in major impairments to the resources of the preserve. Therefore, the Department shall evaluate a particular site for which the activity is proposed with the recognition that the activity is part of a complete and interrelated system. The impact of a proposed activity shall be considered in light of its cumulative impact on the preserve’s natural systems. The Department shall include as a part of its evaluation of an activity:

(1) The number and extent of similar human actions within the preserve which have previously affected or are likely to affect the preserve, whether considered by the Department under its current authority or which existed prior to or since the enactment of the Act; and,

(2) The similar activities within the preserve which are currently under consideration by the Department; and,

(3) Direct and indirect effects upon the preserve which may be reasonably expected to result from the activity; and,

(4) The extent to which the activity is consistent with management plans for the preserve when developed; and,

(5) The extent to which the activity is permissible within the preserve in accordance with comprehensive plans adopted by affected local governments.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(4), (a) FS. History–New 3-20-80, Formerly 16Q-18.08, 16Q-18.008.

Fla. Admin. Code R. 18-18.009 Exchange of Lands

The Board in its discretion may exchange lands for the benefit of the preserve, provided that:

(1) In no case shall an exchange result in any land or water area being withdrawn from the preserve; and,

(2) Exchange shall be in the public interest and shall maintain or enhance the quality or utility of the preserve.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(2), (3) FS. History–New 3-20-80, Formerly 16Q-18.09, 16Q-18.009.

Fla. Admin. Code R. 18-18.011 Agreements

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(3) FS. History–New 3-20-80, Formerly 16Q-18.11, 16Q-18.011, Repealed 3-8-12.

Fla. Admin. Code R. 18-18.012 Fishing

(1) Fishing involving the use of seines or nets is prohibited in the preserve, except when the fishing is for shrimp or mullet.

(2) Taking of fin fish by fish traps, setting of fish traps, or causing such fish traps to be used within the preserve is prohibited, except that fish traps no larger than two (2) cubic feet with a maximum opening size of one (1) inch by four (4) inches may be used for obtaining bait, provided that such traps must be equipped with a biodegradable door or panel.

(3) Fishing activities from boats using seines or nets shall not be conducted within 1,000 feet of a bridge or fishing pier.

(4) Taking of indigenous life forms for sale or commercial use is prohibited, except that this prohibition shall not extend to the taking of fin fish or crustacea which may be taken commercially under applicable laws, rules or regulations.

(5) Members of the public may exercise their rights to fish, subject to statutory and regulatory provisions controlling such activities.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(4)(a), (c) FS. History–New 3-20-80, Formerly 16Q-18.12, 16Q-18.012.

Fla. Admin. Code R. 18-18.013 Additional Provisions

(1) Neither the establishment nor the management of the preserve shall operate to unreasonably infringe upon the riparian rights of upland property owners adjacent to or within the preserve.

(2) The Board encourages the creation of further management criteria or plans to enhance or protect the preserve. A management plan, which includes an inventory of resources and a management scheme to further aid in the maintenance and enhancement of the biological and aesthetic qualities of the preserve, shall be developed for the preserve. This management plan shall be prepared by the department or by other public or private entities in cooperation with the Department. Such criteria and plans, when developed, may be submitted to the board for consideration and inclusion in the board’s management plan for the preserve.

(3) Nothing in these rules shall serve to eliminate or alter the requirements or authority of other governmental agencies, including counties and municipalities, to protect or enhance the preserve provided that such requirements or authority are not inconsistent with the Act and these rules.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(4), (5) FS. History–New 3-20-80, Formerly 16Q-18.13, 16Q-18.013.

Fla. Admin. Code R. 18-18.014 Procedures

(1) Applications for activities within the preserve to use sovereign submerged lands that also require an Environmental Resource Permit under Part IV of Chapter 373, F.S., shall be made to the Department of Environmental Protection using the Joint Application for: Environmental Resource Permit (Part IV, Chapter 373, F.S.), Authorization to Use State Owned Submerged Lands/Federal Dredge and Fill Permit, form number subsection 62-343.900(1), F.A.C., as cited in Rule 62-343.900, F.A.C. For activities within the Preserve that are grandfathered under Sections 373.414(11) through (16), F.S., Form 62-312.900(1), Joint Application for Works in the Waters of Florida, shall be used. Copies of Forms 62-343.900(1) and 62-312.900(1) and instructions are available by writing to the Division of Water Resource Management, MS 2500, Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department. For activities within the Preserve that require a Joint Coastal Permit under Chapter 62B-49, F.A.C., DEP Form 73-500, effective 6/95, shall be used. A copy of the form can be obtained by writing to the Office of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Department of Environmental Protection, Tallahassee, Florida 32399-3000.

(2) The Department shall review all information provided by the applicant to determine if the application supplies the information necessary to evaluate the application for matters within the purview of the department. Within 30 days of receipt of the application, the department shall notify the applicant in writing of any additional information it requires.

(3) No application shall be considered complete until the Department receives the following:

(a) All information requested by the Department in accordance with subsection 18-18.014(2), F.A.C.

(b) The hydrographic and/or biological survey if required.

(4) To be considered complete, applications for uses, sales, leases, or transfers of land held by the board shall include evidence of all necessary local government approvals. This provision shall not be construed to include local approvals which, by local ordinance or resolution, cannot be granted until state permits are issued or which are contingent upon approval of the Board of the use, sale, lease, or transfer of interest in lands held by the board.

(5) Within 30 days of receipt of a completed application for sale, lease, or transfer of lands held by the Board, or a request to dredge, fill, or spoil in the preserve, or perform an activity specified in Section 258.397, F.S., the Department shall publish notice of the pending application and the public hearing thereon as specified below.

(6) All notices will be sent to the applicant and published in a newspaper of general circulation in the county in which the activity is located and in the Florida Administrative Register. Those individuals who requested, in writing, notices concerning the particular activity or all activity within the preserve shall also be notified.

(7) Notices shall include the name of the applicant, general location of the activity, type of activity, action requested of the Board and the date, time and place of the proposed public hearing.

(8) Notices of requests for sale, lease or transfer of lands shall be published in accordance with Section 253.115, F.S. All other notices shall be published by a single newspaper publication at least 14 days prior to the hearing.

(9) Hearings on applications for dredge, fill, or spoil projects in the preserve or activities specified in Section 258.397, F.S., shall be held as specified in the notice. Hearings on applications for sale, lease or transfers of land shall only be held if the Department is notified, in writing, that a hearing is requested. The request must be received by the department at least 7 days prior to the date for the hearing specified in the notice.

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 253.03, 253.115, 258.397(3), 258.397(4)(a) FS. History–New 3-20-80, Formerly 16Q-18.14, 16Q-18.014, Amended 6-5-96.

Fla. Admin. Code R. 18-18.016 Enforcement

History

• Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(7), 258.46 FS. History–New 3-20-80, Formerly 16Q-18.16, 16Q-18.016, Repealed 3-8-12.

Chapter 18-20 FLORIDA AQUATIC PRESERVES

Fla. Admin. Code R. 18-20.001 Intent

(1) All sovereignty lands within a preserve shall be managed primarily for the maintenance of essentially natural conditions, the propagation of fish and wildlife, and public recreation, including hunting and fishing where deemed appropriate by the Board, and the managing agency.

(2) Aquatic preserves which are described in Part II of Chapter 258, F.S., were established for the purpose of being preserved in an essentially natural or existing condition so that their aesthetic, biological and scientific values may endure for the enjoyment of future generations.

(3) The preserves shall be administered and managed in accordance with the following goals:

(a) To preserve, protect, and enhance these exceptional areas of sovereignty submerged lands by reasonable regulation of human activity within the preserves through the development and implementation of a comprehensive management program;

(b) To protect and enhance the waters of the preserves so that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating, and fishing;

(c) To coordinate with federal, state, and local agencies to aid in carrying out the intent of the Legislature in creating the preserves;

(d) To use applicable federal, state, and local management programs, which are compatible with the intent and provisions of the act and these rules, and to assist in managing the preserves;

(e) To encourage the protection, enhancement or restoration of the biological, aesthetic, or scientific values of the preserves, including but not limited to the modification of existing manmade conditions toward their natural condition, and discourage activities which would degrade the aesthetic, biological, or scientific values, or the quality, or utility of a preserve, when reviewing applications, or when developing and implementing management plans for the preserves;

(f) To preserve, promote, and utilize indigenous life forms and habitats, including but not limited to: sponges, soft coral, hard corals, submerged grasses, mangroves, salt water marshes, fresh water marshes, mud flats, estuarine, aquatic, and marine reptiles, game and non-game fish species, estuarine, aquatic and marine invertebrates, estuarine, aquatic and marine mammals, birds, shellfish and mollusks;

(g) To acquire additional title interests in lands wherever such acquisitions would serve to protect or enhance the biological, aesthetic, or scientific values of the preserves;

(h) To maintain those beneficial hydrologic and biologic functions, the benefits of which accrue to the public at large.

(4) Nothing in these rules shall serve to eliminate or alter the requirements or authority of other governmental agencies, including counties and municipalities, to protect or enhance the preserves provided that such requirements or authority are not inconsistent with the act and this chapter.

History

• Rulemaking Authority 120.53, 258.396(4), 258.43(1) FS. Law Implemented 258.35, 258.36, 258.37, 258.39, 258.393 FS., Chapter 80-280, Laws of Florida. History–New 2-23-81, Amended 8-7-85, Formerly 16Q-20.01, 16Q-20.001, Amended 9-29-97.

Fla. Admin. Code R. 18-20.002 Boundaries and Scope of the Preserves

(1) These rules shall only apply to those sovereignty lands within a preserve described in Part II of Chapter 258, F.S., title to which is vested in the Board, and those other lands for which the Board has an appropriate instrument in writing, executed by the owner, authorizing the inclusion of specific lands in an aquatic preserve pursuant to section 2(2) of Chapter 73-534, Laws of Florida, Sections 258.40(1) and 258.41(5), F.S., future aquatic preserves established through general or special acts of the legislature, and pursuant to Rule 18-20.008, F.A.C. Any publicly owned and maintained navigation channel authorized by the United States Congress, or other public works project authorized by the United States Congress, designed to improve or maintain commerce and navigation shall be deemed to be excluded from the provisions of this chapter, pursuant to Section 258.40(2), F.S. Furthermore, all lands lost by avulsion or by artificially induced erosion shall be deemed excluded from the provisions of this chapter pursuant to Section 258.40(3), F.S.

(2) These rules do not apply to Biscayne Bay Aquatic Preserve.

(3) These rules are promulgated to clarify the responsibilities of the Board in carrying out its land management functions as those functions apply within the preserves. Implementation and responsibility for environmental permitting of activities and water quality protection within the preserves are vested in the Department of Environmental Protection and the water management districts. Since these rules are considered cumulative with other rules, a person planning an activity within the preserves should also consult the other applicable rules of the Board (Chapter 18-21, F.A.C., for example) as well as the rules of the Department of Environmental Protection and the water management districts.

(4) These rules shall not affect previous actions of the Board concerning the issuance of any easement or lease; or any disclaimer concerning sovereignty lands.

(5) The intent and specific provisions expressed in paragraphs 18-20.001(3)(e) and (f), F.A.C., apply generally to all existing or future aquatic preserves within the scope of this chapter. Upon completion of a resource inventory and approval of a management plan for a preserve, pursuant to Rule 18-20.013, F.A.C., the type designation and the resource sought to be preserved shall be subject to Board approval in accordance with Rule 18-20.013, F.A.C.

(6) For the purpose of clarification and interpretation, the legal descriptions set forth in Part II of Chapter 258, F.S., do not include any land which is expressly recognized as privately owned upland in a pre-existing recorded mean high water line settlement agreement between the Board and a private owner or owners. Provided, however, in those instances wherein a settlement agreement was executed subsequent to the passage of the Florida Coastal Mapping Act, the determination of the mean high water line shall be in accordance with the provisions of such act.

(7) Persons interested in obtaining details of particular preserves should contact the Office of Coastal and Aquatic Managed Areas, Department of Environmental Protection, 2600 Blair Stone Road, Mail Station 235, Tallahassee, FL 32399 (telephone (850)245-2094; website: https://floridadep.gov/rcp/aquatic-preserve/).

History

• Rulemaking Authority 120.53, 258.43(1) FS. Law Implemented 258.39, 258.391, 258.392, 258.393, 258.40, 258.41, 258.42, 258.43, 258.44, 258.45 FS. History–New 2-23-81, Amended 8-7-85, Formerly 16Q-20.02, 16Q-20.002, Amended 9-29-97, 3-25-19.

Fla. Admin. Code R. 18-20.003 Definitions

When used in these rules, the following words shall have the indicated meaning unless the context clearly indicates otherwise:

(1) “Act” means the provisions of Sections 258.35 through 258.46, F.S., the Florida Aquatic Preserve Act.

(2) “Activity” means any project and such other human action within the preserve requiring Board approval for the use, sale, lease or transfer of interest in sovereignty lands or materials, or which may require a permit from the Department of Environmental Protection.

(3) “Aesthetic values” means scenic characteristics or amenities of the preserve in its essentially natural state or condition, and the maintenance thereof.

(4) “Applicant” means any person making application for a permit, license, conveyance of an interest in state owned lands or any other necessary form of governmental approval in order to perform an activity within the preserve.

(5) “Application” means a joint application for an environmental resource permit/authorization to use state-owned submerged lands/federal dredge and fill permit or a joint application for wetland resource alterations (dredging or filling) in the waters of Florida.

(6) “Aquaculture” means the cultivation of aquatic organisms and associated activities, including, but not limited to grading, sorting, transporting, harvesting, holding, storing, growing and planting.

(7) “Artificial reef” means any artificial or man-made material acceptable to the Department that is placed on sovereign submerged land for the purpose of fish attraction, habitat creation, enhancement, or restoration.

(8) “Authorization” means the permission granted by the Board for a person to construct a facility or to carry out an activity on sovereign submerged lands.

(9) “Avulsion” means the sudden or perceptible loss of or addition to land by the action of water or the sudden or perceptible change in the bed of a lake or the course of a stream.

(10) “Beneficial biological functions” means interactions between flora, fauna and physical or chemical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: nutrient, pesticide and heavy metal uptake; sediment retention; nutrient conversion to biomass; nutrient recycling and oxygenation.

(11) “Beneficial hydrological functions” means interactions between flora, fauna and physical geological or geographical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: retardation of storm water flow; storm water retention; and water storage, and periodical release.

(12) “Biological values” means the preservation and promotion of indigenous life forms and habitats including, but not limited to: sponges, soft corals, hard corals, submerged grasses, mangroves, saltwater marshes, fresh water marshes, mud flats, marine, estuarine, and aquatic reptiles, game and non-game fish species, marine, estuarine, and aquatic mammals, marine, estuarine, and aquatic invertebrates, birds and shellfish.

(13) “Board” means the Board of Trustees of the Internal Improvement Trust Fund or its delegate. The Department and water management districts serve as staff to the Board and are delegated authority to carry out functions of the Board as specified in Rule 18-21.0051, F.A.C.

(14) “Bulkhead” means a vertical structure separating land and water areas primarily designed to resist earth pressure.

(15) “Channel” means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.

(16) “Commercial, industrial and other revenue generating/income related docks” means docking facilities for an activity which produces income, through rental or any other means, or which serves as an accessory facility to other rental, commercial or industrial operations. It shall include, but not be limited to docking for: marinas, restaurants, hotels, motels, commercial fishing, shipping, boat or ship construction, repair, and sales.

(17) “Department” means the State of Florida Department of Environmental Protection or any of its predecessor agencies.

(18) “Division” means the Division of Marine Resources and its Bureau of Coastal and Aquatic Managed Areas.

(19) “Dock” means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels either temporarily or indefinitely.

(20) “Dredging” means mechanical or other methods used to remove sovereign submerged land.

(21) “Easement” means a nonpossessory interest in state lands created by a grant from or agreement with the Board that confers upon the recipient the limited nonexclusive right and privilege to use such lands for a specific purpose and for a specific time.

(22) “Energy production” means the exploration for, and extraction of, hydrocarbons, including necessary transmission through pipelines, or the water oriented activities related to the generation of electricity.

(23) “Erosion” means the gradual and imperceptible wearing away of riparian or littoral land due to natural causes. Artificial erosion refers to erosion caused by man-made projects and operations.

(24) “Essentially natural condition” means those functions which support the continued existence or encourage the restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the significant development adjacent to and within the preserve.

(25) “Extreme hardship” means a significant burden, unique to the applicant and not shared by property owners in the area. Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act shall not be construed as an extreme hardship. Extreme hardship under this act shall not be construed to include any hardship which arises in whole or in part from the effect of other federal, state or local laws, ordinances, rules or regulations. The term may be inherent in public projects which are shown to be a public necessity.

(26) “Facility” means any boat ramp, covered slip, pier, dock, piling, marina or other structure which preempts sovereign submerged land.

(27) “Fill” means materials from any source, deposited by any means onto sovereignty lands, either for the purpose of creating new uplands or for any other purpose, including spoiling of dredged materials. For the purpose of this rule, the placement of pilings or riprap shall not be considered to be filling.

(28) “Lease” means a conveyance of interest in lands, title to which is vested in the Board, granted in accordance with specific terms set forth in writing.

(29) “Main access dock” means that walkway which connects a riparian owner’s property to a terminal platform.

(30) “Maintenance dredging” means mechanical or other methods used to remove sovereign submerged land in existing channels where navigation by vessels presently occurs. For the purpose of this rule, requests to dredge previously dredged areas that have regained their former natural characteristics due to lack of use, lack of upkeep, or other factors or requests to change the design specification of previously dredged areas shall not be considered as maintenance dredging but shall be considered new dredging.

(31) “Mangrove” means any specimen of the species Avicennia germinans (black mangrove), Laguncularia racemosa (white mangrove), or Rhizophora mangle (red mangrove).

(32) “Marina” means a small craft harbor complex used primarily for recreation.

(33) “Mean high water line” means the intersection of the tidal plane of mean high water with the shore as determined in accordance with Chapter 177, Part II, F.S., and Chapter 18-11, F.A.C.

(34) “Mean sea level” means a tidal datum constituting the arithmetic mean of the hourly water elevations observed over a 19-year cycle (the National Tidal Datum Epoch).

(35) “Mitigation” means an action, series of actions, or activity that will offset adverse impacts to sovereign submerged lands. Cash payments shall not be considered mitigation unless payments are specified for use in a previously identified, Department endorsed, environmental or restoration project and the payments initiate a restoration project or supplement an ongoing restoration project.

(36) “Natural characteristics” means topographic features conforming to the usual or ordinary course of nature.

(37) “Negative environmental impact” means an unfavorable effect or damage to the natural resources, aesthetics, or scientific value of an aquatic preserve.

(38) “Oil and gas transportation facilities” means those structures necessary for the movement of oil and gas from the production site to the consumer.

(39) “Ordinary high water line (OHWL)” means the boundary between sovereign submerged lands and the adjacent uplands along nontidal waterbodies.

(40) “Person” means any individual, corporation, partnership, firm, association, joint venture, estate, trust, business trust, syndicate, fiduciary, commission, county, municipality or political subdivision of a state, any interstate body, the federal government, or any subdivision thereof and all other groups or combinations, whether public or private.

(41) “Pier” means a structure in, on, or over sovereignty lands, which is used by the public primarily for fishing or swimming. A pier shall not include a dock.

(42) “Preempted area” means the area of sovereign submerged lands from which traditional public uses have been or would be excluded to any extent by an activity, such as the area occupied by the docks and other structures; swimming areas set apart by buoys, ropes or similar structures; temporary or permanent mooring areas; the area between the docks and shoreline; and the docking facility’s turning basin used predominantly by vessels mooring at a dock. If the activity or facility is required to be moved waterward to avoid dredging or disturbing nearshore habitat, a portion of the nearshore area may be excluded from the preempted area if otherwise reasonably accessible to the public.

(43) “Preserve or Aquatic Preserve” means any and all of those areas which are exceptional areas of sovereignty lands and the associated water body so designated in Part II of Chapter 258, F.S., including all sovereignty lands, title to which is vested in the Board, and such other lands as the Board may acquire or approve for inclusion by the Legislature. These areas also include the water column over such lands, which have been set aside to be maintained in an essentially natural or existing condition of indigenous flora and fauna and their supporting habitat and the natural scenic qualities and amenities thereof.

(44) “Private residential single-family dock” means a dock which is used for private, recreational or leisure purposes for a single-family residence, cottage or other such single dwelling unit and which is designed to moor no more than two boats. This also includes docks, with mooring of no more than a total of four boats, located on property lines between two upland single-family residences, where the dock is shared for use by both upland, single-family residences.

(45) “Private residential multi-slip dock” means a docking facility which is used for private recreational or leisure purposes for multi-unit residential dwellings which shall include but is not limited to condominiums, townhouses, subdivisions and other such dwellings or residential areas and which is designed to moor three or more boats. Yacht clubs associated with residential developments, whose memberships or utilization of the docking facility requires some real property interest in the residential area, shall also be included.

(46) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the Board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer of lands or materials.

(47) “Public land” means any land in which a public entity has a title interest.

(48) “Public navigation project” means a project primarily for the purpose of navigation which is authorized and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.

(49) “Public necessity” means the works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists.

(50) “Public utilities” means those services, provided by persons regulated by the Public Service Commission, or which are provided by rural cooperatives, municipalities, or other governmental agencies, including electricity, telephone, public water and wastewater services, and structures necessary for the provision of these services.

(51) “Quality of the preserve” means the degree of the biological, aesthetic and scientific values of the preserve necessary for present and future enjoyment of it in an essentially natural condition.

(52) “Repair” means activities undertaken to maintain existing structures in a safely useable and functional condition without modifying the dimensions or footprint of the original structure.

(53) “Resource management agreement” means a contractual agreement between the Board and one or more parties which does not create an interest in real property but merely authorizes the party to conduct certain management activities on lands held by the Board.

(54) “Resource Protection Area (RPA) 1” – Areas within the aquatic preserves which have resources of the highest quality and condition for that area. These resources may include, but are not limited to corals; marine grassbeds; mangrove swamps; salt-water marsh; oyster bars; archaeological and historical sites; endangered or threatened species habitat; and, colonial water bird nesting sites.

(55) “Resource Protection Area 2” – Areas within the aquatic preserves which are in transition with either declining resource protection area 1 resources or new pioneering resources within resource protection area 3.

(56) “Resource Protection Area 3” – Areas within the aquatic preserve that are characterized by the absence of any significant natural resource attributes.

(57) “Riparian rights” means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.

(58) “Riprap” means a man-made aggregation of unconsolidated boulders, rocks, or clean rubble designed to break the force of waves and to protect the shore from erosion. The materials used shall not contain any dangerous protrusions.

(59) “Sale” means a conveyance of interest in lands, by the Board, for consideration.

(60) “Scientific values” means the preservation and promotion of certain qualities or features which have scientific significance.

(61) “Seawall” means a vertical structure built along a portion of a coast, retaining earth against its landward face and designed to prevent erosion and other damage by wave action.

(62) “Shoreline” means the mean or ordinary high water line.

(63) “Shore protection structure” means a type of coastal construction designed to minimize the rate of erosion. Coastal construction includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.

(64) “Slip” or “wet slip” means an area of the water column above sovereign submerged lands specifically set aside for a boatlift or the mooring of a single vessel associated with a docking facility.

(65) “Sovereignty lands” means those lands including, but not limited to: tidal lands, islands, sandbars, shallow banks, and lands waterward of the ordinary or mean high water line, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and of which it has not since divested its title interest. For the purposes of this rule sovereignty lands shall include all submerged lands within the boundaries of the preserve, title to which is held by the Board.

(66) “Spoil” means materials dredged from sovereignty lands which are redeposited or discarded by any means, onto either sovereignty lands or uplands.

(67) “Terminal platform” means that part of a dock or pier, including finger piers, that is connected to the access walkway, is located at the terminus of the facility, and is designed to secure and load or unload a vessel or conduct other water dependent activities.

(68) “Transfer” means the act of the Board by which any interest in lands, including easements, other than sale or lease, is conveyed.

(69) “Turning basin” means the area of sovereign submerged land which is required to maneuver a vessel into or out of a facility.

(70) “Uplands” means those lands above the mean high water line or ordinary high water line.

(71) “Utility of the preserve” means fitness of the preserve for the present and future enjoyment of its biological, aesthetic and scientific values, in an essentially natural condition.

(72) “Water dependent activity” means an activity which can only be conducted on, in, over, or adjacent to, water areas because the activity requires direct access to the water body or sovereignty lands for transportation, recreation, energy production or transmission, or source of water and where the use of the water or sovereignty lands is an integral part of the activity.

(73) “Water Management Districts” means the water management districts described in Chapter 373, F.S.

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.37, 258.43(1) FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.03, 16Q-20.003, Amended 4-27-94, 9-29-97, 3-25-19.

Fla. Admin. Code R. 18-20.004 Management Policies, Standards and Criteria

The following management policies, standards and criteria are supplemental to Chapter 18-21, F.A.C. (Sovereignty Submerged Lands Management), and shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty lands in aquatic preserves.

(1) GENERAL PROPRIETARY.

(a) In determining whether to approve or deny any request the Board will evaluate each on a case-by-case basis and weigh any factors relevant under Chapter 253 and/or 258, F.S. The Board, acting as Trustees for all state-owned lands, reserves the right to approve, modify or reject any proposal.

(b) There shall be no further sale, lease or transfer of sovereignty lands except when such sale, lease or transfer is in the public interest (see subsection 18-20.004(2), F.A.C., Public Interest Assessment Criteria).

(c) There shall be no construction of seawalls waterward of the mean or ordinary high water line, or filling waterward of the mean or ordinary high water line, except in the case of public road and bridge projects where no reasonable alternative exists and except as provided in Section 258.42(3)(e)4., F.S.

(d) There shall, in no case, be any dredging waterward of the mean or ordinary high water line for the sole or primary purpose of providing fill for any area landward of the mean or ordinary high water line.

(e) A lease, easement or consent of use may be authorized only for the following activities:

1. A public navigation project;

2. Maintenance of an existing navigational channel;

3. Installation or maintenance of approved navigational aids;

4. Creation or maintenance of a commercial/industrial dock, pier or a marina;

5. Creation or maintenance of private docking facilities for reasonable ingress and egress of riparian owners;

6. Minimum dredging for navigation channels attendant to docking facilities;

7. Creation or maintenance of a shore protection structure, except that restoration of a seawall or riprap at its previous location, upland of its previous location, or within one foot waterward of its previous location is hereby exempted from any requirement to make application for consent of use;

8. Installation or maintenance of oil and gas transportation facilities;

9. Creation, maintenance, replacement or expansion of facilities required for the provision of public utilities;

10. Aquaculture; and

11. Other activities which are a public necessity or which are necessary to enhance the quality or utility of the preserve and which are consistent with the act and this chapter.

(f) For activities listed in subparagraphs 18-20.004(1)(e)1.-10., F.A.C. above, the activity shall be designed so that the structure or structures to be built in, on or over sovereignty lands are limited to structures necessary to conduct water dependent activities.

(g) For activities listed in subparagraphs 18-20.004(1)(e)7., 8., 9. and 10., F.A.C. above, it must be demonstrated that no other reasonable alternative exists which would allow the proposed activity to be constructed or undertaken outside the preserve.

(h) The use of state-owned lands for the purpose of providing private or public road access to islands where such access did not previously exist shall be prohibited. The use of state-owned lands for the purpose of providing private or public water supply to islands where such water supply did not previously exist shall be prohibited.

(i) Except for public navigation projects and maintenance dredging for existing channels and basins, any areas dredged to improve or create navigational access shall be incorporated into the preempted area of any required lease or be subject to the payment of a negotiated private easement fee.

(j) All private residential multi-slip docking facilities and commercial, industrial and other revenue generating/income related docking facilities require a lease from the Board in accordance with the application procedures and fees of Chapter 18-21, F.A.C.

(k) Aquaculture and beach renourishment activities which comply with the standards of this chapter and Chapter 18-21, F.A.C., may be approved by the Board, but only subsequent to a formal finding of compatibility with the purposes of Chapter 258, F.S., and this rule chapter.

(l) Other uses of the preserve, or human activity within the preserve, although not originally contemplated, may be approved by the Board, but only subsequent to a formal finding of compatibility with the purposes of Chapter 258, F.S., and this rule chapter.

(2) PUBLIC INTEREST ASSESSMENT CRITERIA.

In evaluating requests for the sale, lease or transfer of interest, a balancing test will be utilized to determine whether the social, economic and/or environmental benefits clearly exceed the costs.

(a) GENERAL BENEFIT/COST CRITERIA:

1. Any benefits that are balanced against the costs of a particular project shall be related to the affected aquatic preserve;

2. In evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves such as Apalachicola Bay shall be subject to a higher standard than the more developed preserves; and,

3. For projects in aquatic preserves with adopted management plans, consistency with the management plan will be weighed heavily when determining whether the project is in the public interest.

(b) BENEFIT CATEGORIES:

1. Public access (public boat ramps, boatslips, etc.);

2. Provide boating and marina services (repair, pumpout, etc.);

3. Improve and enhance public health, safety, welfare, and law enforcement;

4. Improved public land management;

5. Improve and enhance public navigation;

6. Improve and enhance water quality;

7. Enhancement/restoration of natural habitat and functions; and,

8. Improve/protect endangered/threatened/unique species.

(c) COSTS:

1. Reduced/degraded water quality;

2. Reduced/degraded natural habitat and function;

3. Destruction, harm or harassment of endangered or threatened species and habitat;

4. Preemption of public use;

5. Increasing navigational hazards and congestion;

6. Reduced/degraded aesthetics; and,

7. Adverse cumulative impacts.

(d) EXAMPLES OF SPECIFIC BENEFITS:

1. Donation of land, conservation easements, restrictive covenants or other title interests in or contiguous to the aquatic preserve which will protect or enhance the aquatic preserve;

2. Providing access or facilities for public land management activities;

3. Providing public access easements and/or facilities, such as beach access, boat ramps, etc.;

4. Restoration/enhancement of altered habitat or natural functions, such as conversion of vertical bulkheads to riprap and/or vegetation for shoreline stabilization or re-establishment of shoreline or submerged vegetation;

5. Improving fishery habitat through the establishment of artificial reefs or other such projects, where appropriate;

6. Providing sewage pumpout facilities where normally not required, in particular, facilities open to the general public;

7. Improvements to water quality such as removal of toxic sediments, increased flushing and circulation, etc.;

8. Providing upland dry storage as an alternative to wetslip; and,

9. Marking navigation channels to avoid disruption of shallow water habitats.

(3) RESOURCE MANAGEMENT.

(a) All proposed activities in aquatic preserves having management plans adopted by the Board must demonstrate that such activities are consistent with the management plan.

(b) No drilling of oil, gas or other such wells shall be allowed.

(c) Utility cables, pipes and other such structures shall be constructed and located in a manner that will cause minimal disturbance to submerged land resources such as oyster bars and submerged grass beds and do not interfere with traditional public uses.

(d) Spoil disposal within the preserves shall be strongly discouraged and may be approved only where the applicant has demonstrated that there is no other reasonable alternative and that activity may be beneficial to, or at a minimum, not harmful to the quality and utility of the preserve.

(4) RIPARIAN RIGHTS.

(a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the traditional, common law and statutory riparian rights of upland riparian property owners adjacent to sovereignty lands.

(b) The evaluation and determination of the reasonable riparian rights of ingress and egress for private, residential multi-slip docks shall be based upon the number of linear feet of riparian shoreline.

(c) For the purpose of this rule, a private residential, single-family docking facility which meets all the requirements of subsection 18-20.004(5), F.A.C., shall be deemed to meet the public interest requirements of paragraph 18-20.004(1)(b), F.A.C. However, the applicants for such docking facilities must apply for such consent and must meet all of the requirements and standards of this rule chapter.

(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES.

(a) All docking facilities, whether for private residential single-family docks, private residential multi-slip docks, or commercial, industrial, or other revenue generating/income related docks or public docks or piers, shall be subject to all of the following standards and criteria.

1. No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less.

2. Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading.

3. Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

4. In a Resource Protection Area 1 or 2, any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

5. In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean or ordinary high water.

6. Existing docking facilities constructed in conformance with previously applicable rules of the Board and in conformance with applicable rules of the Department are authorized to be maintained for continued use subject to the current requirements of Chapter 18-21, F.A.C. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules of the Board. This shall not be construed to prevent routine repair.

(b) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

1. Any main access dock shall be limited to a maximum width of four (4) feet.

2. The dock decking design and construction will ensure maximum light penetration, with full consideration of safety and practicality.

3. The dock will extend out from the shoreline no further than to a maximum depth of minus four (-4) feet (mean low water).

4. When the water depth is minus four (-4) feet (mean low water) at an existing bulkhead the maximum dock length from the bulkhead shall be 25 feet, subject to modifications accommodating shoreline vegetation overhang.

5. Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

6. Terminal platform size shall be no more than 160 square feet.

7. If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of five (5) feet above mean or ordinary high water. Up to 25 percent of the surface area of the terminal platform shall be authorized at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel.

8. Docking facilities in a Resource Protection Area 1 or 2 shall only be authorized in locations having adequate existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use in order to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the top of any submerged resources at mean or ordinary low water; and,

9. Dredging to obtain navigable water depths in conjunction with private residential, single-family dock applications is strongly discouraged.

(c) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

1. The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to Section 258.42(3), F.S., while dredging in Resource Protection Area 3 shall be strongly discouraged.

3. Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. Main access docks and connecting or cross walks shall not exceed six (6) feet in width.

5. Terminal platforms shall not exceed eight (8) feet in width.

6. Finger piers shall not exceed three (3) feet in width, and 25 feet in length.

7. If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

8. The provisions of paragraph 18-20.004(5)(d), F.A.C., shall also apply to private residential multi-slip docks.

(d) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

1. Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use to ensure that a minimum of one foot clearance is provided between the deepest draft of a vessel and the bottom of the waterbody at mean or ordinary low water.

2. Docking facilities and access channels shall be prohibited in a Resource Protection Area 1 or 2, except as allowed pursuant to Section 258.42(3), F.S.; while dredging in Resource Protection Area 3 shall be strongly discouraged.

3. Docking facilities shall not terminate in Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. Docking facilities shall be sited to ensure that boat access routes avoid injury to marine grassbeds or other aquatic resources in the surrounding areas.

5. Expansion of existing facilities shall take precedence over approval of new facilities.

6. Use of upland dry storage shall take precedence over the creation of new wet slips.

7. Marinas shall not be sited within state designated manatee sanctuaries.

8. In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part of a wetland resource or environmental resource permit for the facility.

(e) Alterations to the criteria in subsection 18-20.004(5), F.A.C., shall be authorized to accommodate persons with disabilities or to comply with Americans with Disabilities Act.

(6) MANAGEMENT AGREEMENTS.

The Board may enter into management agreements with local agencies for the administration and enforcement of standards and criteria for private residential single-family docks.

(7) The aquatic preserve management plans shall be used by the Department to preserve and restore the distinctive characteristics identified by the inventories for each aquatic preserve. The management plans for each aquatic preserve are available for guidance purposes only at the following Internet website address: https://floridadep.gov/rcp/rcp/content/site-management-plans.

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.41, 258.42, 258.43(1), 258.44 FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.04, 16Q-20.004, Amended 9-4-88, 3-6-94, 4-27-94, 6-12-97, 9-29-97, 5-27-99, 3-25-19.

Fla. Admin. Code R. 18-20.005 Uses, Sales, Leases, or Transfer of Interests in Lands, or Materials, Held by the Board

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.02, 253.12, 258.42 FS. History–New 2-25-81, Formerly 16Q-20.05, 16Q-20.005, Repealed 8-7-85.

Fla. Admin. Code R. 18-20.006 Cumulative Impacts

In evaluating applications for activities within the preserves or which may impact the preserves, the Board recognizes that, while a particular alteration of the preserve may constitute a minor change, the cumulative effect of numerous such changes often results in major impairments to the resources of the preserve. Therefore, the particular site for which the activity is proposed shall be evaluated with the recognition that the activity may, in conjunction with other activities, adversely affect the preserve which is part of a complete and interrelated system. The impact of a proposed activity shall be considered in light of its cumulative impact on the preserve’s natural system. The evaluation of an activity shall include:

(1) The number and extent of similar human actions within the preserve which have previously affected or are likely to affect the preserve;

(2) The similar activities within the preserve which are currently under consideration by the department and the water management districts;

(3) Direct and indirect effects upon the preserve and adjacent preserves, if applicable, which may reasonably be expected to result from the activity;

(4) The extent to which the activity is consistent with management plans for the preserve, when developed;

(5) The extent to which the activity is permissible within the preserve in accordance with comprehensive plans adopted by affected local governments, pursuant to Section 163.3161, F.S., and other applicable plans adopted by local, state, and federal governmental agencies;

(6) The extent to which the loss of beneficial hydrologic and biologic functions would adversely impact the quality or utility of the preserve; and,

(7) The extent to which mitigation measures may compensate for adverse impacts.

History

• Rulemaking Authority 258.396(4), 258.43(1) FS. Law Implemented 258.36, 258.43, 258.44 FS. History–New 2-25-81, Formerly 16Q-20.06, 16Q-20.006, Amended 9-29-97.

Fla. Admin. Code R. 18-20.007 Protection of Riparian Rights

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.123, 253.124(8), 258.44 FS. History–New 2-25-81, Formerly 16Q-20.07, 16Q-20.007, Repealed 8-7-85.

Fla. Admin. Code R. 18-20.008 Inclusion of Lands, Title to Which Is Not Vested in the Board, in a Preserve

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.40, 258.41 FS. History–New 2-25-81, Formerly 16Q-20.08, 16Q-20.008, Repealed 3-8-12.

Fla. Admin. Code R. 18-20.009 Establishment or Expansion of Aquatic Preserves

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.41 FS. History–New 2-25-81, Formerly 16Q-20.09, 16Q-20.009, Repealed 3-8-12.

Fla. Admin. Code R. 18-20.010 Exchange of Lands

The Board in its discretion may exchange lands for the benefit of the preserve, provided that:

(1) In no case shall an exchange result in any land or water area being withdrawn from the preserve; and,

(2) Exchanges shall be in the public interest and shall maintain or enhance the quality or utility of the preserve.

History

• Rulemaking Authority 258.396(4), 258.43(1) FS. Law Implemented 258.41(5), 258.42(1) FS. History–New 2-25-81, Formerly 16A-20.10, 16Q-20.010.

Fla. Admin. Code R. 18-20.011 Gifts of Lands

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.42(5) FS. History–New 2-25-81, Formerly 16Q-20.11, 16Q-20.011, Repealed 5-23-96.

Fla. Admin. Code R. 18-20.012 Protection of Indigenous Life Forms

The taking of indigenous life forms for sale or commercial use is prohibited, except that this prohibition shall not extend to the commercial taking of fin fish, crustacea or mollusks, except as prohibited under applicable laws, rules or regulations. Members of the public may exercise their rights to fish, so long as not contrary to other statutory and regulatory provisions controlling such activities.

History

• Rulemaking Authority 258.396(4), 258.43(1) FS. Law Implemented 258.43(1) FS. History–New 2-25-81, Formerly 16Q-20.12, 16Q-20.012.

Fla. Admin. Code R. 18-20.013 Development of Resource Inventories and Management Plans for Preserves

(1) The Board authorizes and directs the Division to develop a resource inventory and management plan for each preserve.

(2) The Board authorizes the Division to perform the work to develop the inventories and plans, or may enter into agreements with other persons to perform the work. In either case, the inventories, management plans and all work performed shall be subject to approval by the Board, which shall weigh and balance the criteria set forth in subsection 18-20.001(3), F.A.C.

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 253.03(7), 253.03(8) FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.13, 16Q-20.013, Amended 3-25-19.

Fla. Admin. Code R. 18-20.014 Enforcement

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.46 FS. History–New 2-25-81, Formerly 16Q-20.14, 16Q-20.014, Repealed 5-23-96.

Fla. Admin. Code R. 18-20.015 Application Form

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.43 FS. History–New 2-25-81, Formerly 16Q-20.15, 16Q-20.015, Repealed 8-7-85.

Fla. Admin. Code R. 18-20.016 Coordination with Other Governmental Agencies

History

• Rulemaking Authority 258.43(1) FS. Law Implemented 258.43 FS. History–New 2-25-81, Formerly 16Q-20.16, 16Q-20.016, Repealed 5-23-96.

Fla. Admin. Code R. 18-20.017 Lake Jackson Aquatic Preserve

In addition to the provisions of Rules 18-20.001 through 18-20.016, F.A.C., except for those in subsection 18-20.004(5), F.A.C., the following requirements shall also apply to all proposed activities within the Lake Jackson Aquatic Preserve.

(1) No further sale, transfer or lease of sovereignty lands in the preserve shall be approved or consummated by the Board, except upon a showing of extreme hardship on the part of the applicant or when the Board shall determine such sale, transfer or lease to be in the public interest.

(2) No further dredging or filling of sovereignty lands of the preserve shall be approved or tolerated by the Board except:

(a) Minimum dredging and spoiling authorized under a valid wetland resource or environmental resource permit, as applicable, or an exemption under Section 403.813(1), F.S., for public navigation projects or for preservation of the lake; and,

(b) Such other alteration of physical conditions as may be necessary to enhance the quality or utility of the preserve.

(3) There shall be no drilling of wells, excavation for shell or minerals, and no erection of structures (other than docks), within the preserve, unless such activity is associated with activity authorized by Part II of Chapter 258, F.S.

(4) The Board shall not approve the relocations of bulkhead lines within the preserve.

(5) Notwithstanding other provisions of this act, the Board may, respecting lands lying within the Lake Jackson basin:

(a) Enter into agreements for and establish lines delineating sovereignty and privately owned lands;

(b) Enter into agreements for the exchange and exchange sovereignty lands for privately owned lands;

(c) Accept gifts of land within or contiguous to the preserve.

(6) All docking facilities shall be subject to all of the following standards and criteria:

(a) No docking facility shall extend waterward of the 81-foot N.G.V.D. contour elevation or otherwise create a navigational hazard by extending farther waterward than the existing line of neighboring docks.

(b) The size of terminal platforms shall not exceed 160 square feet. Terminal platforms are authorized to be fixed or floating. Fixed portions of terminal platforms shall be elevated at or above 89.2 feet N.G.V.D., except that not more than 25 percent of the surface area of the terminal platform may be at a lower elevation to facilitate access between the terminal platform and the waters of the preserve or a vessel. Terminal platforms shall not include covers and shall not be enclosed.

(c) Boat lifts are authorized to be a part of the docking facility.

(d) Mooring locations shall not include covers and shall not be enclosed.

(e) Main access docks shall be fixed (not floating) with a decking elevation at or above 89.2 feet N.G.V.D.

(f) Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading. Any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

(g) Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

(h) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas so as to accommodate boat use without causing bottom scouring or dredging.

(i) No dock shall extend waterward of the ordinary high water line more than 500 feet or 20 percent of the width of the waterbody at that particular location, whichever is less.

(j) When the local government has more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail.

(k) Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

(7) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

(a) Main access docks shall be limited to a maximum width of four (4) feet.

(b) New dredging to obtain navigable water depths in conjunction with private residential, single-family docks is prohibited.

(8) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

(a) The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to ten times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 10:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

(b) Main access docks and connecting or cross walks shall not exceed six (6) feet in width.

(c) Terminal platforms shall not exceed eight (8) feet in width.

(d) Finger piers shall not exceed three (3) feet in width, and 25 feet in length.

(e) If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

(f) The provisions of subsection 18-20.017(9), F.A.C., shall also apply to private residential multi-slip docks.

(9) Commercial, industrial and other revenue generating/income related docking facilities shall conform to the following specific design standards and criteria.

(a) Access channels shall be prohibited.

(b) Docking facilities shall be sited to ensure that boat access routes avoid injury to grassbeds or other aquatic resources in the surrounding areas.

(c) Expansion of existing facilities shall take precedence over approval of new facilities.

(d) Use of upland dry storage shall take precedence over the creation of new wet slips.

(e) The siting of new facilities within the preserve shall be secondary to the expansions of existing facilities within the preserve when such expansion is consistent with the other standards.

(f) The location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking.

(10) Alterations to the criteria in this section shall be authorized to accommodate persons with disabilities or to comply with the Americans with Disabilities Act.

(11) Existing docking facilities constructed in conformance with previously applicable rules of the Board and in conformance with applicable rules of the Department are authorized to be maintained for continued use subject to the current requirements of Chapter 18-21, F.A.C. Should more than 50 percent of a nonconforming structure fall into a state of disrepair or be destroyed as a result of any natural or manmade force, the entire structure shall be brought into full compliance with the current rules of the Board. This shall not be construed to prevent routine repair.

History

• Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(26), 258.42, 258.43(1), 258.44 FS. History–New 8-7-85, Formerly 16Q-20.17, 16Q-20.017, Amended 9-29-97, 3-25-19.

Fla. Admin. Code R. 18-20.018 Lake Weir Aquatic Preserve

History

• Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.398, 258.42, 258.43(1), 258.44 FS. History–New 5-22-97, Repealed 8-1-01.

Fla. Admin. Code R. 18-20.019 Boca Ciega Bay and Pinellas County Aquatic Preserves

The following rules, in addition to the provisions of Rules 18-20.001 through 18-20.016, F.A.C., except for subsection 18-20.004(5), F.A.C., apply in the Boca Ciega Bay and Pinellas County Aquatic Preserves in recognition of their highly developed, urban nature.

(1) No dock shall extend waterward of the mean or ordinary high water line more than 500 feet or 25 percent of the width of the waterbody at that particular location, whichever is less.

(2) When the local government has more stringent standards and criteria for docking facilities, the more stringent standards for the protection and enhancement of the aquatic preserve shall prevail.

(3) Certain docks fall within areas of significant biological, scientific, historic or aesthetic value and require special management considerations. The Board shall require design modifications based on site specific conditions to minimize adverse impacts to these resources, such as relocating docks to avoid vegetation or altering configurations to minimize shading. Any wood planking used to construct the walkway surface of a facility shall be no more than eight inches wide and spaced no less than one-half inch apart after shrinkage. Walkway surfaces constructed of material other than wood shall be designed to provide light penetration which meets or exceeds the light penetration provided by wood construction.

(4) In a Resource Protection Area 1 or 2, the main access dock shall be elevated a minimum of five (5) feet above mean sea level.

(5) If a terminal platform terminates in a Resource Protection Area 1 or 2, the platform shall be elevated to a minimum height of five (5) feet above mean sea level.

(6) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

(a) Main access docks shall be limited to a maximum width of four (4) feet in a Resource Protection Area 1 or 2, and six (6) feet in a Resource Protection Area 3.

(b) Wave break devices, when requested by the applicant, shall be designed to allow for maximum water circulation and shall be built in such a manner as to be part of the dock structure.

(c) Dredging to obtain navigable water depths in conjunction with private residential, single-family docks is strongly discouraged.

(d) For those docking facilities terminating in a Resource Protection Area 1 or 2, a terminal platform shall not exceed a total of 100 square feet which may include a lower level platform of not more than 20 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall be in accordance with Section 258.42(3)(e)1., F.S.

(e) For those docking facilities terminating in a Resource Protection Area 3, a terminal platform shall not exceed a total of 250 square feet which may include a lower level platform of not more than 40 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall be in accordance with Section 258.42(3)(e)1., F.S. Total coverage of sovereignty, submerged lands of the terminal platform, any lower level platform, and any covered slip which exceeds the criteria in Section 258.42(3)(e)1., F.S., shall not exceed 500 square feet.

(7) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

(a) The area of sovereignty, submerged land preempted by the docking facility shall not exceed the square footage amounting to thirty times the riparian waterfront footage of the affected waterbody of the applicant, or the square footage attendant to providing a single dock in accordance with the criteria for private residential single-family docks, whichever is greater. A conservation easement or other similar legally recorded use restriction must be placed on the riparian shoreline, used for the calculation of the 30:1 threshold, to conserve and protect shoreline resources and subordinate or waive any further riparian rights of ingress and egress for additional docking facilities.

(b) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(c) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use. This depth shall be a minimum of minus two (2) feet at mean or ordinary low water.

(d) In a Resource Protection Area 1 or 2, the main access docks and connecting or cross walks shall not exceed six (6) feet in width.

(e) If requested by the applicant, pilings may be used to provide adequate mooring capabilities.

(f) The provisions of paragraphs 18-20.019(8)(b) through (g), F.A.C., shall also apply to private residential multi-slip docks.

(8) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

(a) Docking facilities shall be authorized only in locations having adequate circulation and existing water depths in the boat mooring, turning basin, access channels, and other such areas which will accommodate the proposed boat use. This depth shall be a minimum of minus three (3) feet at mean or ordinary low water.

(b) Access channels shall be prohibited.

(c) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(d) The location of new facilities and expansion of existing facilities shall consider the use of upland dry storage as an alternative to multiple wet-slip docking.

(e) Docking facilities shall be designed to ensure that vessel use will not cause harm to site specific resources. The design shall consider the number, lengths, drafts and types of vessels allowed to use the facility.

(f) Marinas shall not be sited within state designated manatee sanctuaries.

(g) In any areas with known manatee concentrations, manatee awareness signs or informational displays shall be specified as part of a wetland resource or environmental resource permit for the facility.

(9) Alterations to the criteria in this section shall be authorized to accommodate persons with disabilities or to comply with the Americans with Disabilities Act.

(10) Private residential single-family docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County are hereby authorized to be maintained or rebuilt for continued use. Such structures are grandfathered for the purposes of reconstruction in the event of destruction or damage resulting from any natural or man-made force. Design alterations to such structures, however, must comply with the provisions of these rules.

(11) Private residential multi-slip and commercial, industrial, or other revenue generating/income-related docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County and any applicable requirements of the Department and the water management districts, and the rules of the Board are hereby authorized to be maintained or rebuilt for continued use. Those private residential multi-slip and commercial, industrial, or other revenue generating/income-related docking facilities constructed prior to 9-29-97 in conformance with the permitting requirements of Pinellas County but without the requisite approval of the Board and the Department shall be considered unauthorized structures unless the owner:

(a) Registers with the Department on or before May 1, 1998, by providing a copy of the permit issued by Pinellas County and a statement of intent to apply for a lease of lands preempted from public use by May 1, 1999;

(b) Submits a completed application for lease under Chapter 18-21, F.A.C., by May 1, 1999; and,

(c) Pays standard lease fees, including lease fees in arrears from April 9, 1991 or the documented date of the commencement of construction, whichever is later. Lease fees shall be computed pursuant to subsection 18-21.011(1), F.A.C.

(12) Existing structures previously authorized by the Board or pursuant to subsection 18-20.019(10) or (11), F.A.C., are grandfathered for the purposes of reconstruction in the event of destruction or damage resulting from any natural or man-made force. Design alterations to such structures, however, must comply with the provisions of these rules. This shall not be construed to prevent routine repair.

History

• Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(27), 258.396, 258.42, 258.43(1), 258.44 FS. History–New 9-29-97, Amended 3-25-19.

Chapter 18-21 SOVEREIGNTY SUBMERGED LANDS MANAGEMENT

Fla. Admin. Code R. 18-21.001 Intent

History

• Rulemaking Authority 253.03(7) FS., Art. X, Sec. 14, Fla. Const. Law Implemented 253.03, 253.12 FS. History–New 3-27-82, Formerly 16Q-21.01, 16Q-21.001, Amended 9-1-09, Repealed 3-12-12.

Fla. Admin. Code R. 18-21.002 Scope and Effective Date

(1) These rules are to implement the administrative and management responsibilities of the Board, the Department of Environmental Protection and the Department of Agriculture and Consumer Services regarding sovereignty submerged lands. Responsibility for environmental permitting of activities and water quality protection on sovereignty and other lands is vested with the Department of Environmental Protection. The responsibility for managing aquacultural activities on sovereignty lands is vested with the Department of Agriculture and Consumer Services. These rules are considered cumulative. Therefore, a person planning an activity should consult other applicable rules of the Department of Environmental Protection and the Department of Agriculture and Consumer Services regarding aquacultural activities.

(2) These rules shall not affect previous actions of the board concerning private docks or the issuance of any easement, lease or any disclaimer concerning sovereign submerged lands. Fee arrangements in existing leases and easements shall not be subject to the fees of this rule until expiration of the current term unless otherwise specified in the lease or easement.

(3) Unregistered grandfathered structures which would require a lease pursuant to paragraph 18-21.005(1)(d), F.A.C., shall be brought under lease.

(4) Any expansion of an existing activity shall be subject to the provisions of this rule.

(5) It is declared to be the intent of the board that if any section, subsection, sentence, clause, phrase, or provision of this rule is held invalid or unconstitutional, such invalidation or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this rule.

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.002(1), 253.03, 253.12, 253.68, 253.77 FS. History–New 3-27-82, Amended 8-1-83, 9-4-84, Formerly 16Q-21.02, 16Q-21.002, Amended 12-25-86, 3-15-90, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.003 Definitions

When used in these rules, the following definitions shall apply unless the context clearly indicates otherwise:

(1) “Accretion” means the process of gradual and imperceptible additions of sand, sediment, or other material to riparian lands made by the natural action of water which results in dry lands formerly covered by water.

(2) “Activity” means any use of sovereignty lands which requires board approval for letter of consent, lease, easement, sale, or transfer of interest in such sovereignty lands or materials. Activity includes, but is not limited to, the construction of docks, piers, boat ramps, board walks, mooring pilings, dredging of channels, filling, removal of logs, sand, silt, clay, gravel or shell, and the removal or planting of vegetation on sovereignty lands.

(3) “Applicant” means any person making application for a lease, sale, or other form of conveyance of an interest in sovereignty lands or any other necessary form of governmental approval for an activity on sovereignty lands.

(4) “Appraisal services” has the same meaning as provided in Rule 18-1.002, F.A.C.

(5) “Approved appraisal” has the same meaning as provided in Rule 18-1.002, F.A.C.

(6) “Approved upland residential units” means the number of residential units given final approval by a local government for one parcel of land riparian to the affected waterbody. For the purpose of this rule, conceptual approval shall not be deemed to constitute final approval.

(7) “Aquaculture” means the cultivation of aquatic organisms and associated activities, including, but not limited to grading, sorting, transporting, harvesting, holding, storing, growing and planting.

(8) “Aquaculture Activities” means any activities related to the production of aquacultural products, including, but not limited to, producing, storing, handling, grading, sorting, transporting, harvesting, and aquacultural support docking.

(9) “Aquaculture Restoration” means the controlled propagation and subsequent planting and husbandry of native, aquatic plants and animals on sovereignty submerged lands, not affixed to public or private dock or pier, for wild population enhancement.

(10) “Aquaculture Use Zone” means a contiguous tract of sovereignty submerged lands which allows for an array of multiple aquaculture leases configured to facilitate management and enforcement.

(11) “Artificial accretion” means the addition of sand, sediment, or other material to riparian lands caused by man-made projects and operations which results in dry lands formerly covered by water.

(12) “Artificial erosion” means the slow and imperceptible loss or washing away of sand, sediment, or other material from property caused by man-made projects and operations.

(13) “Avulsion” means the sudden or perceptible loss of or addition to land by the action of water or the sudden or perceptible change in the bed of a lake or the course of a stream.

(14) “Benthic communities” means any sovereignty submerged land where any of the following associations of indigenous interdependent plants and animals occur: grass beds, algal beds, sponge beds, octocoral patches or beds, hard coral patches or reefs, and tidal swamps, including mangroves, identified in any reports submitted pursuant to paragraph 18-21.004(2)(c), F.A.C., Communities is intended to reflect identifiable assemblages of organisms as opposed to scattered or single individuals.

(15) “Board” means Board of Trustees of the Internal Improvement Trust Fund or delegate.

(16) “Channel” means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.

(17) “Coastal barrier islands” means a depositional geologic feature consisting of unconsolidated sedimentary materials in an island configuration which is subject to direct attack by wave, tidal, and wind energies originating from the Atlantic Ocean or Gulf of Mexico, and which serves to protect landward aquatic habitats, such as bays and estuaries, and the interior uplands of the mainland from oceanic wave, tidal, and wind forces.

(18) “Coastal island” means a coastline geological feature lying above mean high water that is completely separated from the coastal mainland by marine or estuarine waters, including those parcels of land which become insular due to natural causes, and is composed of any substrate material, including spoil material. This specifically includes, in addition to exposed coastal islands:

(a) All islands within aquatic preserves except for Lake Jackson, Rainbow River, and Wekiva River Aquatic Preserves; and,

(b) Other islands within confined or semi-confined marine or estuarine waters with an open connection to the Atlantic Ocean or Gulf of Mexico such as bays, lagoons or inlets. Except for coastal islands within the specified aquatic preserves, it does not include islands or portions of islands within rivers leading into marine and estuarine waters more than one mile upstream of a line drawn at the river mouth from headland to headland.

(19) “DACS” means the Florida Department of Agriculture and Consumer Services for the purposes of aquaculture in Rules 18-21.020, 18-21.021 and 18-21.022, F.A.C.

(20) “Department” means the State of Florida Department of Environmental Protection (DEP), as administrator for the Board.

(21) “Division” means the Division of State Lands which performs all staff duties and functions related to the administration of lands, title to which is or will be vested in the board pursuant to Section 253.002, F.S.

(22) “Dock” means a fixed or floating structure, including access walkways, terminal platforms, catwalks, mooring pilings, lifts, davits and other associated water-dependent structures, used for mooring and accessing vessels.

(23) “Easement” means a non-possessory interest in sovereignty lands created by a grant or agreement which confers upon the applicant the limited right, liberty, and privilege to use said lands for a specific purpose and for a specific time.

(24) “Economic demand” means the Projections of Marina Need by County as determined by the Department of Environmental Protection.

(25) “Energy production” means the exploration for, and extraction of, hydrocarbons, including necessary transmission through pipelines, or the water-oriented activities related to the generation of electricity.

(26) “Factual or physical exploration results” means all data and information, excluding interpreted data, gathered as the result of any and all operations conducted under this use agreement by whatever means.

(27) “Fastland” means that portion of a coastal island above the upper limit of tidal wetland vegetation, or, if such vegetation is not present, that portion of the island above the mean high water line.

(28) “Fill” means materials from any source, deposited by any means onto sovereignty lands, either for the purpose of creating new uplands or for any other purpose, including spoiling of dredged materials.

(29) “First come, first served” means any water dependent facility operated on the sovereign lands of the state the services of which are open to the general public with no qualifying requirements such as club membership, stock ownership, or equity interest, with no longer than one-year rental terms, and with no automatic renewal rights or conditions. This is intended to cover services offered to various types, classes or groups of public users and such services need not be comprehensive. The service offered may be a specialty service such as boat repair, seafood purchasing, marine slip rentals or shipping terminals as long as all services offered are open to the general types, classes, or groups of public users with no qualifying requirements such as club membership or stock ownership or equity interest.

(30) “Geophysical testing” means the use of gravity, seismic, and similar geophysical techniques to obtain information and data on oil, gas or other mineral resources. Seismic techniques include air guns, sparker, sniffer, waterguns, mini-sleeve systems, steam injection, percussion sampling, electronic equipment, jet and dart methods, and other non-explosive energy sources. No explosives shall be used when conducting geophysical testing on or above sovereignty submerged lands.

(31) “Incidental Crossings” means the laying of geophysical recording cable on state-owned creek, stream, river or lake bottoms for the purpose of conducting geophysical surveys pursuant to geophysical permits issued by the Department.

(32) “Income” means the gross revenue derived directly or indirectly from the use of sovereignty submerged lands such as slip rental, lease or sublease fees; dock or pier admission fees; club memberships, stock ownership or equity interest in activities where an increased revenue is attributable to the use of the sovereignty submerged lands or “sales” of slips. However, gross revenue shall not include pass-through fees such as fees for utility services or sale of the facility or sales of products not occurring on sovereignty submerged lands. Gross revenue shall include all future payments made for the transfer of the interest in a slip originally obtained from the Board’s lessee, including transfer of slip rights by slip sublessees, slip “sellers,” slip interest transfers, new club memberships, and other similar transactions.

(33) “Lease” means an interest in sovereignty lands designated by a contract creating a landlord-tenant relationship between the board as landlord and the applicant as tenant whereby the board grants and transfers to the applicant the exclusive use, possession, and control of certain specified sovereignty lands for a determinate number of years, with conditions attached, at a definite fixed rental.

(34) “Letter of consent” means a nonpossessory interest in sovereignty submerged lands created by an approval which allows the applicant the right to erect specific structures or conduct specific activities on said lands.

(35) “Management agreement” means a contractual agreement between the board and one or more parties which does not create an interest in real property but merely authorizes conduct of certain management activities on lands held by the board.

(36) “Marginal dock” means a dock placed adjacent to and parallel with and no more than 10 feet waterward from the shoreline or seawall, bulkhead or revetment.

(37) “Marina” means a small craft harbor complex used primarily for recreational boat mooring or storage.

(38) “Mean high water” means the average height of the high tides over a 19-year period. For shorter periods of observation, “mean high water” means the average height of the high waters after corrections are applied to eliminate known variations and to reduce the result to the equivalent of a mean 19-year value.

(39) “Mean high water line” means the intersection of the local elevation of mean high water with the shore. Mean high water line along the shore of land immediately bordering on navigable waters is recognized and declared to be the boundary between the foreshore owned by the State of Florida in its sovereign capacity and the uplands subject to private ownership. However, no provision of this rule shall be deemed to impair the title to privately owned submerged lands validly alienated by the State of Florida or its legal predecessors.

(40) “Minimum-size dock or pier” means a dock or pier that is the smallest size necessary to provide reasonable access to the water for navigating, fishing, or swimming based on consideration of the immediate area’s physical and natural characteristics, customary recreational and navigational practices, and docks and piers previously authorized under this chapter. The term minimum-size dock or pier shall also include a dock or pier constructed in conformance with the exemption criteria in Section 403.813(1)(b), F.S., or in conformance with the private residential single-family dock criteria in subsection 18-20.004(5), F.A.C.

(41) “Multi-slip docking facility” means any marina or dock designed to moor three or more vessels.

(42) “Nomination” means a proposal for an oil and gas lease.

(43) “Offshore testing” means geophysical testing in the water column above sovereignty submerged lands in bays, estuaries, and Florida Territorial Waters seaward of the mean high water line.

(44) “Open-air dining area” means a fixed or floating structure that serves as a platform for tables and chairs associated with a contiguous upland food or beverage restaurant that is open to the public.

(45) “Person” means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms, and all other associations and combinations, whether public or private, including the United States of America and other governmental entities.

(46) “Pier” means a fixed or floating structure used primarily for fishing or swimming and not designed or used for mooring or accessing vessels.

(47) “Pre-cut sunken timber,” also commonly referred to as “deadhead logs,” “deadheads,” and “sinker wood,” means sunken first-growth timber logs that were hand-cut, harvested and floated to downstream sawmills in the late 1700s to early 1900s that became waterlogged and sank to the bottom of lakes and rivers.

(48) “Preempted area” means the area of sovereignty submerged lands from which any traditional public uses have been or will be excluded by an activity, such as the area occupied by docks, piers, and other structures; the area between a dock and the shoreline where access is not allowed, between docks, or areas where mooring routinely occurs that are no longer reasonably accessible to the general public; permanent mooring areas not associated with docks; and swimming areas enclosed by nets, buoys, or similar marking systems. When the Board requires an activity to be moved waterward to avoid adverse resource impacts, the portion of the nearshore area that is avoided by the proposed activity shall not be included in the preempted area.

(49) “Private channel” means a channel that is dredged or maintained by private entities to provide access to or from such locations as private residences, marinas, yacht clubs, vessel repair facilities, or revenue-generating facilities.

(50) “Private residential multi-family dock or pier” means a dock or pier on a common riparian parcel or area that is intended to be used for private recreational or leisure purposes by persons or groups of persons with real property interest in a multi-family residential dwelling such as a duplex, a condominium, or attached single-family residences or a residential development such as a residential or mobile home subdivision.

(51) “Private residential single-family dock or pier” means a dock or pier used for private recreational or leisure purposes that is located on a single-family riparian parcel or that is shared by two adjacent single-family riparian owners if located on their common riparian rights line.

(52) “Processed records” means data collected under the terms of a use agreement for geophysical testing. Processing involves changing the form of data so as to facilitate interpretation. Processing operations may include, but are not limited to, applying corrections for known perturbing causes, rearranging or filtering data, and combining or transforming data elements. Processing shall not include the interpretation of any data collected.

(53) “Public channel” means a channel that is constructed or maintained by a public entity such as a federal or state agency, local government, or inland navigation district listed in Chapter 374, F.S., or that is part of a public navigation project, public water management project, or a deepwater port listed in Section 403.021(9)(b), F.S.

(54) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer of lands or materials.

(55) “Public navigation project” means an activity primarily for the purpose of navigation which is authorized and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.

(56) “Public utilities” means those services, provided by persons regulated by the Public Service Commission, or which are provided by rural cooperatives, municipalities, or other governmental agencies, including electricity, public water and wastewater services, and structures necessary for the provision of these services and transmission lines for public communication systems such as telephone, radio and television.

(57) “Public water management project” means an activity primarily for the purpose of flood control, conservation, recreation, water storage and supply, and allied purposes, which is authorized and funded by the United States Congress, the State of Florida, or a water management district as defined by Section 373.069, F.S.

(58) “Reclamation of lands” means restoring the upland shoreline to a condition that existed prior to avulsion or artificial erosion.

(59) “Registered grandfathered structure” means any structure that has been formally registered with the department as a grandfathered structure as evidenced by submittal of an acceptable application prior to September 30, 1984.

(60) “Restoration Organization” means a Florida corporation not for profit, incorporated under the provisions of Chapter 617, F.S., and approved by the Department of State, that conducts business to benefit Florida’s aquatic environment.

(61) “Restroom facilities” means an accessible restroom on a public pier that is connected to a domestic wastewater facility or portable restroom, pursuant to Rule 64E-6.0101, F.A.C., secured on a public pier.

(62) “Revenue-generating” means any structure or activity on sovereignty submerged lands that generates revenue or income by any means or serves as an accessory activity or facility to any revenue-generating or income producing operation, such as docking for marinas, restaurants, hotels, motels, commercial fishing, shipping, and boat or ship construction, repair and sales. However, the following shall not be construed to be revenue-generating or income producing: the sole act of mooring a commercial vessel at the vessel owner’s private residential single-family dock; incidental aquaculture activities on a private residential dock or pier; rental of a private single-family residence with a dock or pier; or construction by a developer of a private residential single-family or multi-family dock or pier.

(63) “Riparian rights” means those rights incident to lands bordering upon navigable waters, as recognized by the courts and common law.

(64) “Sale” means a conveyance or transfer of title of sovereignty lands in fee simple by the board, for consideration.

(65) “Satisfactory evidence of sufficient upland interest” shall be demonstrated by documentation, such as a warranty deed; a certificate of title issued by a clerk of the court; a lease; an easement; or condominium, homeowners or similar association documents that clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity. Other forms of documentation shall be accepted if they clearly demonstrate that the holder has control and interest in the riparian uplands adjacent to the project area and the riparian rights necessary to conduct the proposed activity.

(66) “Slip” or “wet slip” means an area of the water column above sovereign submerged lands specifically set aside for a boatlift or the mooring of a single vessel associated with a docking facility.

(67) “Sovereignty submerged lands” means those lands including but not limited to, tidal lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water line, beneath navigable fresh water or beneath tidally-influenced waters, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and which have not been heretofore conveyed or alienated. For the purposes of this chapter sovereignty submerged lands shall include all submerged lands title to which is held by the Board.

(68) “Special Event” means the installation and use of temporary structures, including docks, moorings, pilings, and access walkways on sovereign submerged lands solely for the purposes of facilitating boat shows or boat displays in, or adjacent to, established marinas or government owned upland property.

(69) “Spoil island” means any artificially created island having an elevation above water upon formerly submerged sovereign lands, title to which is vested in the board.

(70) “Spring” means a point where ground water emerges onto the earth’s surface, including under any surface water of the state, excluding seeps. The term “spring” shall include karst windows, a depression opening that reveals portions of a subterranean flow or the unroofed portion of a cave.

(71) “Spring run” means a body of flowing water that originates from a spring or whose primary source of water is from a spring or springs under average rainfall conditions.

(72) “Telecommunication line” means any cable utilized for the purpose of transmitting such things as voice communications, video signals, Internet material, electronic mail, or data.

(73) “Undeveloped coastal island” means a coastal island not directly or indirectly connected to the mainland by a bridge suitable for automobile traffic, and which has an overall density of less than one structure per five acres of fastland as of December 18, 1990. For the purpose of this definition, a structure means a walled and roofed habitable structure that is principally above ground and affixed to a permanent foundation with a projected ground area exceeding 200 square feet and constructed in conformance with all applicable legal requirements. For the purpose of determining density, facilities such as docks, groins, utility poles and pipelines are not counted as structures.

(74) “Undeveloped coastal island segment” means, for an unbridged coastal island with an overall density of greater than or equal to one structure per five acres of fastland, a segment or portion of the island which either is at least one-quarter mile in linear shoreline length or comprises a minimum of 25 percent of the total fastland of the island and which contains less than one structure per five acres of fastland as of December 18, 1990. A segment boundary shall be contiguous with a line drawn from the shore at the point of the outermost structure within a developed area to intersect each shoreline, then continue laterally along the sinuosity of each shoreline until another developed area is encountered or the end of the island is reached. For the purpose of this definition, a structure means a walled and roofed habitable structure that is principally aboveground and affixed to a permanent foundation with a projected ground area exceeding 200 square feet and constructed in conformance with all applicable legal requirements. For the purpose of determining density, facilities such as docks, groins, utility poles and pipelines are not counted as structures.

(75) “Unregistered grandfathered structure” means any unregistered revenue generating structure constructed prior to March 10, 1970, or unregistered multi-family residential or other nonrevenue generating structure constructed prior to March 27, 1982, which preempted at time of construction in excess of ten square feet of sovereignty submerged land per foot of shoreline owned by an applicant. Multi-family residential or other nonrevenue generating structures approved by the board or department between March 10, 1970 and March 27, 1982, but not constructed until after March 27, 1982, shall also be considered as unregistered grandfathered structures only if constructed pursuant to a valid Department of Environmental Protection permit or Department of Environmental Protection exemption.

(76) “Use agreement” means a grant or agreement which confers upon the applicant a nonexclusive and limited right, liberty and privilege to use sovereign lands for a specific purpose and for a specific time.

(77) “Water dependent activity” means an activity which can only be conducted on, in, over, or adjacent to water areas because the activity requires direct access to the water body or sovereign submerged lands for transportation, recreation, energy production or transmission, or source of water, and where the use of the water or sovereign submerged lands is an integral part of the activity.

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.002, 253.03, 253.68, 253.77 FS. History–New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, 2-25-85, Formerly 16Q-21.03, 16Q-21.003, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 3-20-94, 10-15-98, 8-1-01, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 1-1-06, 4-14-08, 9-1-09, 3-21-19, 6-10-21.

Fla. Admin. Code R. 18-21.004 Management Policies, Standards, and Criteria

The following management policies, standards, and criteria shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty submerged lands, except activities associated with aquaculture. The management policies, standards, criteria, and fees for aquacultural activities conducted on or over sovereignty submerged lands are provided in Rules 18-21.020 through 18-21.022, F.A.C.

(1) General Proprietary.

(a) For approval, all activities on sovereignty lands must be not contrary to the public interest, except for sales which must be in the public interest.

(b) All leases, easements, deeds or other forms of approval for sovereignty land activities shall contain such terms, conditions, or restrictions as deemed necessary to protect and manage sovereignty lands.

(c) When satisfactory evidence of sufficient upland interest is not fee simple title, the term of the sovereignty submerged lands authorization will be determined by Rule 18-21.008, 18-21.009 or 18-21.010, F.A.C., if applicable. However, in no case shall the term exceed the remaining term of the sufficient upland interest unless the fee simple title holder agrees to become a co-holder of the sovereignty submerged lands authorization.

(d) For construction of docks and piers when satisfactory evidence of sufficient upland interest is not fee simple title, the applicant’s interest must cover the entire shoreline of the adjacent upland fee simple parcel or 65 feet, whichever is less. However, this provision shall not apply to existing docks or piers constructed in conformance with previously applicable rules of the Board where the proposed activity is repair that is consistent with the applicable provisions of the rules of the Board; minor modifications that do not change the boundaries of the preempted area previously authorized; or where such activities result in reduced preemption within the confines of the preempted area previously authorized.

(e) Equitable compensation shall be required for leases and easements that generate income or revenue for a private user or that limit or preempt use by the general public. Public utilities and state or other governmental agencies exempted by law shall be excepted from this requirement.

(f) Appraisal services, when required, shall be obtained through the Division’s Bureau of Appraisal in accordance with Chapter 18-1, F.A.C., except as follows:

1. The applicant shall pay the fee for appraisal services. No appraisal services shall proceed until the appraisal services fee has been received by the Division. If the applicant withdraws its application after appraisal services have begun and any appraisal expenses have been incurred, the appraisal fee will be non-refundable. If no services have begun and no expenses have been incurred, the appraisal fee is refundable upon written request of the applicant.

2. All appraisal services must be reviewed through the Division and approved by the Division.

(g) Activities on sovereignty lands shall only be limited to water dependent activities and minimal secondary non-water dependent uses pursuant to Section 253.03(15), F.S., unless the activity meets the open-air dining area criteria below or the board determines that it is in the public interest to allow an exception as determined by a case by case evaluation.

1. Open-air dining areas that meet all of the following criteria:

a. The open-air dining area must be constructed along existing seawalls or other nonnatural shorelines.

b. The open-air dining area must only contain tables and chairs to accommodate customers for food and beverage service.

c. The open-air dining area must be no more than a fixed or floating structure with the following allowable ancillary attachments thereto: roofs with optional drop-down temporary transparent weather sheeting, handrails and railings with optional screening between the handrail and the deck. Ancillary attachments, such as walls, windows and screens other than the screens or temporary transparent weather sheeting described above are prohibited. The open-air dining area must be associated with a contiguous upland restaurant that contains a main dining area and must not exceed 30% of the square footage of the main dining area.

d. The upland restaurant and open-air dining area must be open to the general public with no qualifying requirements, such as club membership, stock ownership, or equity interest.

e. The open-air dining area must not result in any impacts to submerged or emergent vegetation that is located on sovereign submerged lands.

f. The open-air dining area must not exceed 2,500 square feet over sovereignty submerged lands.

g. The open-air dining area must be located outside of an Aquatic Preserve,

2. Open-air dining area requests that meet these conditions can be approved pursuant to paragraph 18-21.0051(2)(c), F.A.C. Facilities that do not meet these conditions or other proposed non-water dependent activities are subject to the case by case determination referenced in paragraph 18-21.004(1)(g), F.A.C.

(h) Stilt house, boathouses with living quarters, or other such residential structures shall be prohibited on sovereignty lands.

(i) The State Lands Management Plan shall be considered and utilized in developing recommendations for all activities on sovereignty lands.

(j) The use of sovereignty lands for the purpose of providing road access to islands, where such access did not previously exist, shall be prohibited. The board may grant an exception to this prohibition if the board makes a finding that:

1. Construction and use of road access is the least damaging alternative and more protective of natural resources and sovereignty lands than other access activities; and,

2. In the case of coastal barrier islands, such use of sovereignty lands and any upland development facilitated thereby is in the public interest, or in the case of other islands, not contrary to the public interest.

(k) No application to use sovereignty, submerged land adjacent to or surrounding an unbridged, undeveloped coastal island or undeveloped coastal island segment may be approved by the Board of Trustees unless it meets the following criteria:

1. The application is for the purpose of obtaining authorization for a use which was included in a development project that has undergone development of regional impact review and a final development order has been issued pursuant to Chapter 380, F.S., as of the effective date of this rule and is otherwise permitted by and consistent with the provisions of rule Chapter 18-18, 18-20, or 18-21, F.A.C., as applicable, provided, however, that in the case of a substantial deviation to said development order, no authorization of use may be granted for any use that was not included in the original order; or

2. The proposed facility is limited to a two-slip private residential dock that complies with the standards set forth in paragraph 18-20.004(5)(b), F.A.C., and the upland parcel to which the facility will be attached was not created by platting or subdividing after December 18, 1990. However, as an alternative to multiple private residential docks, the Board may authorize a private docking facility of more than two slips if it determines that such a facility would result in greater environmental protection for sovereignty, submerged land resources than multiple individual docks, and provided the facility is otherwise permitted by and consistent with the provisions of rule Chapter 18-18, 18-20 or 18-21, F.A.C., as applicable. The number of slips associated with such a facility shall not exceed the number of slips which would have been authorized as individual docks; or

3. With respect to applications to use sovereignty, submerged lands for the provision of public utility services, such services were in place as of December 18, 1990, and the requested use of sovereignty, submerged land will not result in an upgrade in capacity or will not service additional customers on an unbridged, undeveloped coastal island or undeveloped coastal island segment. Applications may be approved under this provision only to allow the maintenance or repair of existing utility lines, or as necessary to maintain public safety as ordered by the Public Service Commission; or

4. The proposed use is for the purpose of allowing access, for public purposes, to publicly owned uplands or submerged lands for recreation, research, conservation, mosquito control, aquaculture or restoration activities only, and is otherwise consistent with the provisions of rule Chapter 18-18, 18-20 or 18-21, F.A.C.

(l) All existing licenses shall be converted to leases upon the expiration or renewal date of the license.

(m) For purposes of notification of adjacent property owners, requests for revisions to existing leases or easements that are reasonably expected to lead to increased environmental impact, an increase in preempted area of ten percent or more, or a significant change in use (such as one that requires use of a different form of authorization or application of different rule criteria) will be treated as new applications under this chapter.

(n) The Board shall adopt specific standards and criteria for the siting of docking facilities to provide a greater degree of certainty regarding the development potential of sovereignty, submerged lands. These siting standards and criteria shall serve to direct such development efforts to intrinsically suitable sites and shall ensure that the Board continues to fulfill its fiduciary responsibilities regarding these public trust lands.

(o) Concerning the lease of sovereignty submerged lands for the purposes of providing public mooring fields and anchorages, the general tenancy on any mooring ball or other mooring structure shall be no longer than twelve (12) months and as long as the following conditions are met in the determination of the Board:

1. The lessee for the mooring field, if it is a marina, shall pursue and receive a “clean marina” designation;

2. Moorings are designed and installed to prevent all chaffing of the bottom in which the mooring is anchored;

3. Upland shore facilities associated with the mooring field are provided which at a minimum include, garbage, showers and bathrooms, and receptacles for recycling for waste oil and fuel;

4. The lessee has been in compliance for five or more consecutive years; and

5. The mooring field shall be permitted by the Department, and require that occupied vessels with marine sanitation devices shall have their holding tanks pumped out at a minimum of a 7-day interval while continuously moored in the mooring field.

(2) Resource Management.

(a) All sovereignty lands shall be considered single use lands and shall be managed primarily for the maintenance of essentially natural conditions, propagation of fish and wildlife, and traditional recreational uses such as fishing, boating, and swimming. Compatible secondary purposes and uses which will not detract from or interfere with the primary purpose may be allowed.

(b) Activities which would result in significant adverse impacts to sovereignty lands and associated resources shall not be approved unless there is no reasonable alternative and adequate mitigation is proposed.

(c) The Department of Environmental Protection biological assessments and reports by other agencies with related statutory, management, or regulatory authority may be considered in evaluating specific requests to use sovereignty lands. Any such reports sent to the department in a timely manner shall be considered.

(d) Activities shall be designed to minimize or eliminate any cutting, removal, or destruction of wetland vegetation (as listed in Chapter 62-340, F.A.C.) on sovereignty lands.

(e) Reclamation activities on sovereignty lands shall be approved only if avulsion or artificial erosion is affirmatively demonstrated. Other activities involving the placement of fill material below the ordinary high water line or mean high water line shall not be approved unless it is necessary to provide shoreline stabilization, access to navigable water, or for public water management projects.

(f) To the maximum extent possible, shoreline stabilization should be accomplished by the establishment of appropriate native wetland vegetation. Rip-rap materials, pervious interlocking brick systems, filter mats, and other similar stabilization methods should be utilized in lieu of vertical seawalls wherever feasible.

(g) Severance of materials from sovereignty lands shall be approved only if the proposed dredging is the minimum amount necessary to accomplish the stated purpose and is designed to minimize the need for maintenance dredging.

(h) Severance of materials for the primary purpose of providing upland fill shall not be approved unless no other reasonable source of materials is available or the activity is determined to be in the public interest.

(i) Activities on sovereignty lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, and other natural or cultural resources. Special attention and consideration shall be given to endangered and threatened species habitat.

(j) To the maximum extent feasible, all beach compatible dredge materials shall be placed on beaches or within the nearshore sand system.

(k) Oil and gas drilling leases on state-owned submerged lands shall be approved only when the proposed lease area is at least one mile seaward of the outer coastline of Florida as defined in United States v. Florida, 425 U.S. 791, 48 L. Ed. 2d 388, 96 S. Ct. 1840, upon adequate demonstration that the proposed activity is in the public interest, that the impact upon aquatic resources has been thoroughly considered, and that every effort has been made to minimize potential adverse impacts upon sport and commercial fishing, navigation, and national security. Drilling leases may be issued in the prohibited area if said lease stipulates that any drilling shall be conducted from outside said area.

(l) Applications for telecommunication lines received after October 29, 2003 that originate from or extend to locations outside of the state’s territorial limits through the territorial sea including the area between mean high and mean low water lines and any associated conduits shall be subject to the following:

1. Installations shall be approved only where the applicant provides satisfactory evidence of a need by providing documentation in the form of:

a. A copy of their Federal Communications Commission cable landing license; and, either

b. A contract to install telecommunication lines and associated conduits to an upland distribution network and stating the projected date of installation; or

c. A letter of commitment from a company in the business of installing or using telecommunication lines for a line that will be installed and connected to an upland distribution network, functional for transmitting data, and on-line within a specified time frame once a conduit is made available.

2. Installations at individual landing sites are limited to no more than six telecommunication lines and conduits except where the applicant can affirmatively demonstrate that the landing site will support a larger number of such lines and that the routing to the State’s territorial limits within the territorial sea will cause no more than minimal individual and cumulative impacts. However, installations using subconduits within a conduit shall be allowed up to six subconduits and one additional conduit. In no case shall more than two conduits with subconduits be authorized until such time as the capacity of one conduit is fully utilized for telecommunication line installation.

3. Installations shall be prohibited on or under submerged lands within Biscayne Bay Aquatic Preserve, Biscayne Bay National Park, and Monroe County.

4. Conduits for telecommunication lines shall be directionally drilled under nearshore benthic resources, including the first reef and any other more inshore reefs off Southeast Florida, to the maximum extent practicable and shall punch out in a location that avoids or minimizes impacts to benthic resources such as seagrasses and live bottom communities including corals and sponges.

5. While locating in these areas is not required for approval, special consideration areas are designated for telecommunication lines and associated conduits located within the reef-gaps generally described as follows, based on World Geodetic System 84.

a. Lake Worth Gap (northern Palm Beach County), beginning at the easternmost end at N. Lat. 26 37.659/W. Long. 80 01.341 (south side) to N. Lat. 26 38.481/W. Long. 80 01.258 (north side), in a 1,672 yard-wide gap.

b. South Lake Worth Inlet Gap (central Palm Beach County), beginning at the easternmost end at N. Lat. 26 32.492/W. Long. 80 01.610 (south side) to N. Lat. 26 32.444/W. Long. 80 01.626 (north side), in a 100 yard-wide gap.

c. Delray Gap (southern Palm Beach County), beginning at the easternmost end at N. Lat. 26 27.393/W. Long. 80 02.765 (south side) to N. Lat. 26 27.641/W. Long. 80 02.726 (north side), in a 508 yard-wide gap.

d. Sea Turtle Gap (southern Palm Beach County), beginning at the easternmost end at N. Lat. 26 22.672/W. Long. 80 03.224 (south side) to N. Lat. 26 22.748/W. Long. 80 03.224 (north side), in a 154 yard-wide gap.

e. South Broward Gap (southern Broward County), beginning at the easternmost end at N. Lat. 25 58.438/W. Long. 80 05.278 (south side) and N. Lat. 25 58.821/W. Long. 80 05.271 (north side) and extending westerly on its southerly limits through the following points: N. Lat. 25 58.977/W. Long. 80 05.733, N. Lat. 25 59.132/W. Long. 80 05.997, and ending at N. Lat. 25 59.138/W. Long. 80 06.366, and westerly on its northerly limits through the following points: N. Lat. 25 59.039/W. Long. 80 05.725, N. Lat. 25 59.205/W. Long. 80 06.060, and ending at N. Lat. 25 59.192/W. Long. 80 06.371.

(m) Aquaculture policy, standards and criteria. The Board of Trustees hereby declares the following policies with regard to aquaculture authorizations issued pursuant to this rule.

1. It shall be a policy of the State of Florida to foster aquaculture when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and antidegradation goals. Further such aquaculture shall not displace existing leases, viable commercial or recreational harvesting areas open to the general public but create new areas for the purification or cultivation of marine resources.

2. The Board will not grant consent for activities that would adversely affect existing aquaculture leases by degrading ambient water quality.

3. The Board will oppose the issuance of any permit which would reasonably be expected to degrade water quality at an aquaculture lease site.

(n) The physical modification of a spring shall only be allowed where the board determines that such modification is necessary to restore historic spring contours or flow conditions and where it is determined not to be contrary to the public interest.

(o) The installation or modification of facilities on sovereignty or state-owned submerged land for withdrawal of water from a spring or spring run is prohibited.

(3) Riparian Rights.

(a) None of the provisions of this rule shall be implemented in a manner that would unreasonably infringe upon the traditional, common law riparian rights, as defined in Section 253.141, F.S., of upland property owners adjacent to sovereignty submerged lands.

(b) Satisfactory evidence of sufficient upland interest is required for activities on sovereignty submerged lands riparian to uplands, unless otherwise specified in this chapter. Public utilities and state and other governmental agencies proposing activities such as utility lines, roads or bridges must obtain satisfactory evidence of sufficient upland interest prior to execution of the applicable authorization, but need not provide such evidence as part of any required application. Satisfactory evidence of sufficient upland interest is not required for activities on sovereignty submerged lands that are not riparian to uplands, or when a governmental entity conducts restoration and enhancement activities, provided that such activities do not unreasonably infringe on riparian rights. Satisfactory evidence of sufficient upland interest shall be commensurate with the level of exclusionary interest provided in the specific sovereign submerged lands authorization contemplated.

(c) All structures and other activities must be designed and conducted in a manner that will not unreasonably restrict or infringe upon the riparian rights of adjacent upland riparian owners.

(d) Except as provided herein, all structures, including mooring pilings, breakwaters, jetties and groins, and activities must be set back a minimum of 25 feet inside the applicant’s riparian rights lines. Marginal docks, however, must be set back a minimum of 10 feet. Exceptions to the setbacks are: private residential single-family docks or piers associated with a parcel that has a shoreline frontage of less than 65 feet, where portions of such structures are located between riparian lines less than 65 feet apart, or where such structure is shared by two adjacent single-family parcels; utility lines; bulkheads, seawalls, riprap or similar shoreline protection structures located along the shoreline; structures and activities previously authorized by the Board; structures and activities built or occurring prior to any requirement for Board authorization; when a letter of concurrence is obtained from the affected adjacent upland riparian owner; when the Board determines that locating any portion of the structure or activity within the setback area is necessary to avoid or minimize adverse impacts to natural resources; or when the Board determines that the activities are in the public interest.

(e) Notwithstanding the provisions of paragraphs (b) through (d) above, special events may be authorized in accordance with the other criteria in this rule chapter.

(4) Standards and Criteria for Private Residential Multi-family Docks and Piers.

(a) Private residential multi-family docks with one or two wetslips shall conform to the provisions of Rules 18-21.004 and 18-21.005, F.A.C., applicable to private residential single-family docks. Such docks and any piers cumulatively shall be limited to the 40:1 preempted area to shoreline ratio applicable to private residential multi-family docks with three or more wetslips or the preempted area necessary to construct a minimum-size dock, whichever is greater.

(b) Private residential multi-family docks with three or more wetslips and any piers, including any portion of a dock or pier that is used or converted to use as a private residential multi-family dock or pier, that cumulatively preempt an area greater than ten square feet for each linear foot of the applicant’s common riparian shoreline along sovereignty submerged land on the affected waterbody shall be limited as follows.

1. No more than one wetslip for each approved upland residential unit.

2. A cumulative preemption of no more than forty square feet of sovereignty submerged land for each linear foot of the applicant’s common riparian shoreline along sovereignty submerged land on the affected waterbody within a single plan of development. However, an exception shall be granted for a private residential multi-family dock to exceed the maximum cumulative preemption provided that all of the following conditions are met.

a. The applicant demonstrates compliance with all other applicable rules and statutes of the Board.

b. Sufficient water depth exists to accommodate vessels ingressing and egressing the proposed lease area.

c. The additional preempted area will not require any dredging or will substantially reduce dredging and will not cause or will substantially reduce adverse resource impacts to sovereignty submerged lands within the proposed lease area. This shall not be construed to prohibit dredging that is necessary to enhance the quality of natural resources, as determined by the Board of Trustees.

d. Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.

e. A net positive public benefit, acceptable to the Board as beneficial to the public, is provided to offset the increase in preempted area. Improving public access to sovereignty submerged lands by: providing slips that are open to the general public on a first come, first served basis to offset the increased preemption; creating a public boat ramp with adjacent upland parking; improving public access to an existing public boat ramp; donating to the Board privately-owned, formerly sovereignty submerged lands or other lands that are on public acquisition lists; or other similar public benefits that serve to maintain or increase public access to sovereignty submerged lands are examples of net positive public benefit. Preference shall be given to net positive public benefits in the vicinity of the proposed project.

3. Where the shoreline calculation includes the common parcel and individually-owned riparian parcels, the applicant must provide a conservation easement or other similar recorded restrictive covenant in favor of the Board over the entire riparian waterfront footage used for the calculation of the preempted area to subordinate or waive any further riparian rights of ingress and egress for additional docks and piers. Such conservation easements or restrictive covenants shall be released or modified only if the Board finds such release or modification is not contrary to the public interest, does not defeat the original purpose of such easement or covenant, and is in compliance with current rules at the time of the release or modification.

(c) Private residential multi-family docks or piers constructed in lieu of multiple private residential single-family docks or piers, which otherwise could be authorized under Chapter 18-18 or 18-20, F.A.C., as applicable, and Chapter 18-21, F.A.C., on existing individual, single-family riparian parcels shall not be subject to the provisions of paragraphs 18-21.004(4)(a), (b), and (f), F.A.C., provided that:

1. Each of the affected parcels contains or is zoned or approved for no more than one detached single-family residence;

2. Such facility would result in less preemption and greater environmental protection for sovereignty submerged land resources than the multiple individual docks or piers;

3. When located in an Aquatic Preserve, such facility shall be subject to the standards and criteria for all docks and private residential multi-slip docks in paragraphs 18-20.004(5)(a) and (c), F.A.C., except for the Resource Protection Area provisions of subparagraphs 18-20.004(5)(c)2. and 3., F.A.C., and shall be allowed to terminate in a Resource Protection Area 1 or 2 when a Resource Protection Area 3 is not available, provided the facility is consistent with the Resource Protection Area provisions of subparagraphs 18-20.004(5)(b)7. and 8., F.A.C.;

4. There are no more than two slips per riparian parcel served by the multi-family dock;

5. Access over uplands is provided from all participating riparian parcels to the private residential multi-family dock or pier; and,

6. The applicant provides a conservation easement or other similar recorded restrictive covenant in favor of the Board over the riparian waterfront of each participating riparian parcel to subordinate or waive any further riparian rights of ingress and egress for additional docks and piers. Such conservation easements or restrictive covenants shall be released or modified only if the Board finds such release or modification is not contrary to the public interest, does not defeat the original purpose of such easement or covenant, and is in compliance with current rules at the time of the release or modification.

(d) To maintain no less than fifty percent of the open-water portion of the waterbody available for public use, docks, piers, mooring pilings, mooring areas or other activities shall extend no more than 25 percent of the width of the waterbody, excluding dense areas of forested shoreline vegetation such as mangroves, as measured from the project location to the opposite shoreline.

(e) Within the standards set forth above, the applicant may further modify the design and quantity of wetslips in recognition of riparian setback constraints, local land use regulations, and natural resource considerations such as potential impacts to endangered species and shellfish resources.

(f) Any additional riparian access beyond that allowable under the standards and criteria of this subsection may be considered in the form of access ramps for upland dry storage facilities.

(g) Paragraph 18-21.004(4)(b), F.A.C., shall apply to all applications that have not received Board approval by December 25, 1986.

(5) Standards and Criteria for Special Events.

Special events shall conform to the following specific guidelines, design standards, and criteria:

(a) The number, configuration, and dimensions of structures; the use of the facility; and the numbers, sizes, drafts and types of vessels associated with the special event shall minimize adverse impacts to: navigation; riparian rights of upland owners adjacent to the affected sovereign submerged lands per paragraph 18-21.004(3)(a), F.A.C.; the affected sovereignty lands and associated resources per paragraph 18-21.004(2)(b), F.A.C.; wetland vegetation per paragraph 18-21.004(2)(d), F.A.C.; fish and wildlife habitat, including endangered or threatened species habitat per paragraph 18-21.004(2)(i), F.A.C.; and shoreline erosion per paragraphs 18-21.004(2)(e) and (f), F.A.C.

(b) Temporary non-water dependent facilities that are incidental and accessory to the special events shall be allowed where such facilities do not adversely affect any of the following: navigation; riparian rights of upland property owners adjacent to the affected sovereign submerged lands per paragraph 18-21.004(3)(a), F.A.C.; the affected sovereignty lands and associated resources per paragraph 18-21.004(2)(b), F.A.C.; wetland vegetation per paragraph 18-21.004(2)(d), F.A.C.; fish and wildlife, habitat, including threatened endangered or threatened species habitat per paragraph 18-21.004(2)(i), F.A.C.; and shoreline erosion per paragraphs 18-21.004(2)(e) and (f), F.A.C.

(6) Standards and Criteria for Activities at Sovereignty and State-Owned Springs and Spring Runs. Persons requesting authorization or qualifying for consent by rule under this chapter to conduct activities in sovereignty or state-owned springs and those portions of spring runs adjacent to public or private uplands shall conform to the following guidelines, design standards, and criteria.

(a) The deposition of new sand or other fill in or within 100 feet of the spring or spring run to create, enhance, or maintain a man-made beach area is prohibited.

(b) Planting or maintaining any plant species listed in the Florida Exotic Pest Plant Council’s “2001 Invasive Plant List,” Category I and II, which may be found on the Internet at www.fleppc.org or by writing to the Division of Water Resource Management, Department of Environmental Protection, 2600 Blair Stone Road, MS #2500, Tallahassee, FL 32399-2400, shall be prohibited within 300 feet of the spring or spring run.

(c) The removal or trampling of upland vegetation causing artificial erosion, artificial accretion, or sedimentation is prohibited within 300 feet of a spring or spring run.

(d) The removal or control of aquatic plants from the spring and spring run is prohibited except when authorized under this chapter and conducted in accordance with applicable Chapter 369, Part I or 373, Part IV, F.S., authorizations.

(e) The application of fertilizers, pesticides, or other similar products in a manner that degrades water quality or adversely impacts natural resources within the spring or spring run is prohibited.

(f) The installation or expansion of wastewater treatment drainfields, sprayfields, or similar installations is prohibited within 300 feet of the spring or spring run, except that single family residential on-site sewage treatment and disposal systems shall be installed and operated so as to avoid or minimize impacts to the spring or spring run.

(g) The installation of a ditch or culvert for the direct discharge of stormwater from developed uplands into the spring or spring run shall be prohibited.

(7) General Conditions for Authorizations. All authorizations granted by rule or in writing under Rule 18-21.005, F.A.C., except those for geophysical testing, shall be subject to the general conditions as set forth in paragraphs (a) through (j) below. The general conditions shall be part of all authorizations under this chapter, shall be binding upon the grantee, and shall be enforceable under Chapter 253 or 258, Part II, F.S.

(a) Authorizations are valid only for the specified activity or use. Any unauthorized deviation from the specified activity or use and the conditions for undertaking that activity or use shall constitute a violation. Violation of the authorization shall result in suspension or revocation of the grantee’s use of the sovereignty submerged land unless cured to the satisfaction of the Board.

(b) Authorizations convey no title to sovereignty submerged land or water column, nor do they constitute recognition or acknowledgment of any other person’s title to such land or water.

(c) Authorizations may be modified, suspended or revoked in accordance with their terms or the remedies provided in Sections 253.04 and 258.46, F.S., or Chapter 18-14, F.A.C.

(d) Structures or activities shall be constructed and used to avoid or minimize adverse impacts to sovereignty submerged lands and resources.

(e) Construction, use, or operation of the structure or activity shall not adversely affect any species which is endangered, threatened or of special concern, as listed in Rules 68A-27.003, 68A-27.004 and 68A-27.005, F.A.C.

(f) Structures or activities shall not unreasonably interfere with riparian rights. When a court of competent jurisdiction determines that riparian rights have been unlawfully affected, the structure or activity shall be modified in accordance with the court’s decision.

(g) Structures or activities shall not create a navigational hazard.

(h) Activities shall not interfere with the public easement for traditional uses of the sandy beaches provided in Section 161.141, F.S.

(i) Structures shall be maintained in a functional condition and shall be repaired or removed if they become dilapidated to such an extent that they are no longer functional. This shall not be construed to prohibit the repair or replacement subject to the provisions of Rule 18-21.005, F.A.C., within one year, of a structure damaged in a discrete event such as a storm, flood, accident, or fire.

(j) Structures or activities shall be constructed, operated, and maintained solely for water dependent purposes, or for non-water dependent activities authorized under paragraph 18-21.004(1)(g), F.A.C., or any other applicable law.

(8) Pursuant to Section 253.77(4), F.S., federal, state, or local agencies or political subdivisions, such as ports and inland navigation districts, proposing to conduct an activity which qualifies for an exemption under Part IV of Chapter 373, F.S., or Section 403.813(1), F.S., shall be granted a letter of consent or public easement upon receipt of a request and a legal description of the affected land. However, such grant does not release the entity from compliance with other applicable provisions of Chapter 18-18, 18-20 or 18-21, F.A.C.

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.0347, 253.665, 253.71, 253.68, 253.72, 253.74, 253.75, 253.77 FS. History–New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04, 16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 10-27-05, 4-14-08, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.00401 Additional Requirements and Procedures for Concurrent Review of Related Applications

(1) A single application shall be submitted and reviewed in accordance with Chapter 62-330, F.A.C., using the Application for Individual and Conceptual Approval Environmental Resource Permit and Authorization to Use State-Owned Submerged Lands,” Form No. 62-330.060(1) incorporated by reference in Rule 62-330.060, F.A.C., for activities that require both: a proprietary authorization under Chapter 253 or 258, F.S., to use sovereign submerged lands; and an environmental resource permit under Part IV of Chapter 373, F.S. In such cases, the application shall not be deemed complete, and the timeframes for approval or denial shall not commence, until all information required by applicable provisions of Section 161.041, Part IV of Chapter 373, and Chapters 253 and 258, F.S., and rules adopted thereunder for both the proprietary authorization and the environmental resource permit is received.

(2) No application under this section shall be approved until all the requirements of applicable provisions of Section 161.041, Part IV of Chapters 373, 253 and 258, F.S., and rules adopted thereunder, for the proprietary authorization and the environmental resource permit are met. The concurrent approval shall be subject to all conditions imposed by such rules.

(3) For an application reviewed under this section for which a request for proprietary authorization to use sovereign submerged lands has been delegated to the Department or a water management district to take final action without action by the Board, the Department or water management district shall issue a consolidated notice of intent to issue or deny the proprietary authorization and the environmental resource permit within 60 days of receiving a complete application. Waiving or tolling the timeframes for final action under this section shall constitute a waiver or tolling of the timeframes for final action on the environmental resource permit.

(4) For an application reviewed under this section for which the request for proprietary authorization to use sovereign submerged lands has not been delegated to the Department or a water management district to take final action without action by the Board, the application shall be reviewed and final agency action taken in accordance with the procedures in Sections 373.427(2)(a)-(c), F.S.

(5) Upon the issuance of the consolidated notice of intent to issue or deny, or upon issuance of the recommended consolidated notice of intent to issue or deny pursuant to subsection (4), the Department or water management district shall be deemed to be in compliance with the timeframes for approval or denial in Section 120.60(1), F.S. Failure to satisfy these timeframes shall not result in approval by default of the application to use sovereign submerged lands. Also, if an administrative proceeding under Section 120.57, F.S., is properly requested on both the proprietary authorization and the environmental resource permit under this section, the review shall be conducted as a single consolidated administrative proceeding. If an administrative proceeding under Section 120.57, F.S., is properly requested on either the proprietary authorization or the environmental resource permit under this section, final agency action shall not be taken on either authorization until the administrative proceeding is concluded.

(6) Appellate review of any consolidated order under this section is governed by the provisions of Section 373.4275, F.S.

(7) For an activity requiring an individual permit under Section 161.041, F.S., and an individual or general environmental resource permit under Part IV of Chapter 373, F.S., a joint coastal permit shall be required, as provided in Chapter 62B-49, F.A.C., in place of the above-noted permits.

(8) This section shall apply to all applications for proprietary authorizations under Chapter 253 or 258, F.S., to use sovereign submerged lands, and individual or general environmental resource permit applications under Part IV of Chapter 373, F.S., that are received by the Department, Northwest Florida Water Management District, Suwannee River Water Management District, St. Johns River Water Management District, Southwest Florida Water Management District or South Florida Water Management District after the effective date of this rule section. If an applicant requests that its applications for proprietary authorization under Chapter 253 or 258, F.S., to use sovereign submerged lands, and an individual or general environmental resource permit under Part IV of Chapter 373, F.S., that are received prior to the effective date of this rule section, be processed under this rule section, such request shall be granted if the applications for both are incomplete at the time of the request.

(9) Nothing in this section shall be construed to limit an applicant’s ability to make separate applications for stages, phases, or portions of a project separate from an activity requiring both: a proprietary authorization under Chapter 253 or 258, F.S., and an individual or general environmental resource permit under Part IV of Chapter 373, F.S.

(10) The provisions of this section shall apply to the Department, Northwest Florida Water Management District, Suwannee River Water Management District, St. John’s River Water Management District, Southwest Florida Water Management District and South Florida Water Management District when the Department or District is processing an individual or general environmental resource permit application under Part IV of Chapter 373, F.S., which, under this section, also requires a proprietary authorization under Chapter 253 or 258, F.S.

History

• Rulemaking Authority 161.055, 253.03(7), 253.77, 258.43, 373.026, 373.043, 373.044, 373.418, 373.427 FS. Law Implemented 120.60, 161.041, 161.055, 253.03, 253.77, 258.42, 258.43, 373.026, 373.413, 373.414(11)-(16), 373.416, 373.427, 373.4275 FS. History–New 10-12-95, Amended 3-21-19.

Fla. Admin. Code R. 18-21.00405 Grandfather Provisions

History

• Rulemaking Authority 253.03, 253.77 FS. Law Implemented 253.77 FS. History–New 3-15-90, Repealed 3-12-12.

Fla. Admin. Code R. 18-21.0041 Florida Keys Marina and Dock Siting Policies and Criteria

These policies and criteria shall be applied to all applications for leases, easements or consent to use sovereignty submerged lands in Monroe County for multi-slip docking facilities. The following General Policies and Specific Criteria shall be used in developing recommendations to approve, approve with conditions or deny the use of state owned sovereignty submerged lands for multi-slip docking facilities.

(1) General Policies – special attention and consideration shall be given to the following:

(a) The proximity to and potential adverse impacts on any rare, threatened or endangered species, or species of special concern, or their habitat, or on any portion of the entire Florida Reef Tract and other corals, including but not limited to those in the John Pennekamp Coral Reef State Park, Key Largo National Marine Sanctuary, Looe Key National Marine Sanctuary, and Everglades National Park; and,

(b) Eliminating any adverse impacts on wetland or submerged vegetation or benthic communities; and,

(c) Requiring adequate tidal flushing and/or circulation; and,

(d) Maintaining or enhancing water quality at levels within or above State water quality standards; and,

(e) Requiring adequate water depths to avoid dredging and other bottom disturbance; and,

(f) Requiring consistency and conformity with local government land use plans, zoning, and other land use or development regulations; and,

(g) Requiring consistency and conformity with Chapters 27F-8, 27F-9, 27F-10, 27F-11, 27F-12, 27F-13 and 27F-15, F.A.C., as amended, “Principles for Guiding Development in the Florida Keys Area of Critical State Concern.” Should any of these provisions conflict with the Sovereignty Lands Management Rules, the Board shall advise staff which provision shall take precedence.

(2) Specific Criteria.

(a) There shall be a moratorium on the approval of all leases of state owned submerged lands for multi-slip docking facilities from Tea Table Channel north to the Monroe County Line. This moratorium shall be maintained until rules are adopted for the currently proposed Florida Keys-Monroe County Aquatic Preserve or the revised Monroe County Comprehensive Plan with marina siting policies is adopted, whichever occurs first.

(b) No docking facilities shall be approved which require either dredging or filling to provide access by canal, channel, road, or any other means. This restriction shall also apply to widening or deepening any existing canal or channel, but not to regular maintenance dredging of existing canals, basins, or channels, providing such maintenance does not exceed currently acceptable water depths.

(c) Water depths requirements. Docking facilities shall only be approved in locations having adequate water depths in the boat mooring, turning basin, access channels and other such areas to accommodate the proposed boat use.

1. A minimum water depth of -4 (minus four) feet mean low water shall be required.

2. Greater depths shall be required for those facilities designed for, or capable of, accommodating boats having greater than a 3 (three) foot draft, so that a minimum of one foot of clearance is provided between the deepest draft of a vessel and the bottom.

3. These depth requirements shall also apply to the area between the proposed facility and any natural or other navigation channel, inlet or deep water. Where necessary, marking of navigational channels shall be required. At the Board’s discretion, the conditions of the lease may stipulate the number, lengths, drafts and types of vessels to be moored in a facility.

(d) Requirements for the size of the dock.

1. No dock shall be approved if its length exceeds 500 feet, unless the Board determines that it is not contrary to the public interest.

2. No dock shall be approved if its length preempts in excess of 20% (percent) of the width of the affected waterbody.

3. No dock for the use of a private residence, which is not subject to obtaining a lease, shall exceed four (4') feet in width. Such a dock may have a terminal platform the total area of which shall not exceed 160 feet, and the width of which shall not exceed eight (8') feet.

(e) A specific lease condition for any new or expanded docking facility for 10 or more boats will be that the lessee shall maintain water quality standards as provided by Chapter 403, F.S. To assure compliance, the lessee shall maintain a water quality monitoring program approved by the Department of Environmental Protection. Water quality data will be periodically reviewed by the Department of Environmental Protection. In the event that water quality violations occur and water quality standards provided by Chapter 403, F.S., are not maintained, the lessee will be given written notice to correct the problem. Such notice shall require any problems or violations to be corrected within 120 days, or less in the case of severe violations, or demonstrate to the Board’s satisfaction that the violations are caused by other than the docking facility, or associated activities on the adjacent riparian uplands, including stormwater runoff. If the lessee is the cause of the violations, and does not correct the problem within the specified time, then the lease shall be subject to cancellation by the Board with the resultant removal of the docking facility and other structures within the lease area.

(f) In reviewing applications for new docking facilities or expansions to existing facilities, attention shall be given to identifying ways to improve, mitigate or restore adverse environmental impacts caused by previous activities. This may include filling in over dredged areas in order to make them a depth acceptable for propagation of benthic biota, restoring wetland or submerged vegetation, improving circulation, installing sewage pump-out facilities, or marking navigational channels. Such mitigation or restoration may be required as a condition of approval for new or expanded facilities. Marina development shall be encouraged to locate in already developed or disturbed areas.

(g) In addition to the threshold specified by paragraph 18-21.005(1)(b), F.A.C., all applicants proposing docking facilities designed to moor 10 (ten) or more boats shall be required to obtain a lease.

(h) All applicants will be required to provide documentation to show that there is an economic demand for the number of boat slips requested, if the number requested is not consistent with the Department’s Projections of Marina Needs for Monroe County.

(i) No application to lease state owned sovereignty submerged lands for the purpose of providing multi-slip docking facilities shall be considered for approval unless there are no benthic communities present where the boat mooring area, turning basins, mooring piles or other structures are to be located, excepting any main access docks required to cross benthic communities to reach acceptable areas. This shall not preclude them from applying for consent to use state owned submerged lands for the purpose of using the minimum amount necessary to obtain reasonable ingress and egress.

(j) The Board may grant special consideration to the approval of leases or other consent to use state lands for projects which are approved by the Department of Community Affairs which are for the purpose of furthering the commercial fishing village or commercial fishing enterprise zone concept.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03 FS. History–New 2-25-85, Formerly 16Q-21.041, 16Q-21.0041.

Fla. Admin. Code R. 18-21.005 Forms of Authorization

(1) The appropriate form of authorization, for activities that meet the applicable rules and statutes of the Board, shall be determined based on consideration of all of the provisions of this rule. It is the intent of the Board that the form of authorization shall grant the least amount of interest in the sovereignty submerged land necessary for the activity. The forms of authorization for aquacultural activities, such as aquaculture leases, aquaculture letters of consent, and aquaculture management agreements, are provided in subsection 18-21.020(2), F.A.C. For activities not specifically listed, the Board will consider the extent of interest needed and the nature of the proposed activity to determine which form of authorization is appropriate. Co-located activities can be authorized, provided that the activities are compatible and the form of authorization for each activity is determined by the provisions of this rule.

(a) Exceptions. The following activities do not require authorization in accordance with this chapter:

1. Construction or maintenance of a water or sewer system by a county in accordance with Section 153.04, F.S., provided the required location map, plans and drawings are submitted to the Board.

2. Removal of material from the area adjacent to an intake or discharge structure in accordance with Section 403.813(1)(f), F.S., and no severance fees shall be assessed for such removal.

3. Removal of organic detrital material in accordance with Section 403.813(1)(r) or (u), F.S., and no severance fees shall be assessed for such removal.

4. Construction of floating vessel platforms or floating boat lifts in accordance with Section 403.813(1)(s), F.S.

5. Trimming or alteration of mangroves in accordance with Sections 403.9321 through 403..9334, F.S.

(b) Consent by Rule. Except for activities authorized under Section 253.77(4), F.S., consent is herein granted by the Board and no application or written authorization is required for an activity that is exempt from the requirements of obtaining a permit under the provisions of Section 403.813(1), F.S., paragraphs (a); (b), provided that the structure is the only dock or pier on a parcel and it is not a private residential multi-family dock with three or more slips; paragraphs (c); (d); (e); (f), provided that no severance fee is required under Rule 18-21.011, F.A.C., and the existing activity has a valid Board authorization; paragraphs (g), (h) and (i), provided that no private residential multi-family dock or pier is constructed; or paragraph (k), provided that any channel markers delineate existing and authorized or permitted navigation channels. In addition, the activity must:

1. Be located outside of an Aquatic Preserve, Monroe County, a manatee “No Entry Zone” or “Motorboat Prohibited Zone” as specified in Chapter 68C-22, F.A.C., or lands under the jurisdiction or management of the Department’s Division of Recreation and Parks. However, seawall or riprap repair or replacement conducted in accordance with subparagraph 18-20.004(1)(e)7., F.A.C., repair or replacement of docks and piers in accordance with Section 403.813(1)(d), F.S., and subparagraph 18-20.004(5)(a)6., F.A.C., if applicable, and installation of a private residential single family dock in Boca Ciega Bay and Pinellas County Aquatic Preserves in accordance with Section 403.813(1)(b), F.S., shall be exempt from this subparagraph and eligible for consent by rule;

2. Not be subject to any conservation easement or restrictive covenant of record prohibiting the activity;

3. Not be revenue-generating;

4. Comply with the provisions of paragraphs 18-21.004(1)(d) and (k), paragraph 18-21.004(3)(d), and subsections 18-21.004(6) and (7), F.A.C.; and,

5. Have been constructed in conformance with Board rules applicable at the time of construction, to qualify for repair or replacement.

(c) Letter of Consent. Written authorization is required for each of the following activities. These authorizations shall be subject to the payment of any applicable severance fees.

1. One minimum-size private residential single-family dock or pier per parcel.

2. Private residential single-family or multi-family docks, piers, boat ramps, and similar existing and proposed activities that cumulatively preempt no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s riparian shoreline, along sovereignty submerged land on the affected waterbody within a single plan of development (see “preempted area” definition in Rule 18-21.003, F.A.C.).

3. A private channel that provides access to an upland single-family or multi-family residential parcel and that measures no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s riparian shoreline along sovereignty submerged land on the affected waterbody within a single plan of development.

4. Activities that are exempt from the requirement to obtain a permit under Section 403.813(1)(a), (b), (c), (d), (e), (f), (g), (h), (i), (k), (l), (n), (p) or (t), F.S., but that are not eligible for consent by rule.

5. Construction, or replacement, of bulkheads, seawalls, or other such shoreline stabilization structures that extend no more than three feet waterward of the line of mean or ordinary high water.

6. Placement, replacement, or repair of single-family intake and discharge structures for irrigation purposes. Placement, replacement, or repair of riprap, groins, breakwaters, or other intake and discharge structures no more than ten feet waterward of the line of mean or ordinary high water.

7. Unless addressed in a currently valid Board authorization, repair or replacement of a functional structure or activity, including maintenance dredging, in the same dimensions and for the same type of use.

8. Restoration and nourishment of naturally occurring sandy beaches, including borrow areas to be used for five years or less.

9. Artificial reefs or fish attractors that are constructed for public use.

10. Public docks or piers that are exempt from permit requirements under Section 403.813(1), F.S., or that qualify as minimum-size docks or piers or are less than or equal to the 10:1 preempted area to shoreline ratio; boat ramps; channels; or swimming areas, provided that all such structures or activities are owned and operated by governmental entities and any revenues collected are used solely for operation and maintenance of the structure or adjacent public recreational facilities.

11. Restroom facilities, as defined by subsection 18-21.003(59), F.A.C., constructed on public piers that qualify for a letter of consent or lease.

12. Trimming or alteration of aquatic vegetation in accordance with a permit issued pursuant to Chapter 369 or 373, F.S.

13. Ski course buoys and ski jumps not associated with revenue-generating water skiing activities.

14. Minor activities or temporary structures which requires Part IV, Chapter 373, F.S., permit required for the removal of wrecked, abandoned or derelict vessels or structures, except for vessels or structures of archaeological or historical value relating to the history, government and culture of the state that are defined as historic properties in Section 267.021(3), F.S.

15. Emergency or other critical, time-sensitive activities necessary to enhance, protect or restore: public health, safety or welfare; utility service; the health of fish, other aquatic life, or other animals; or recreational, commercial, industrial, agricultural, or other reasonable uses. Unless the activity otherwise qualifies for a letter of consent under the provisions of this rule, the activity shall require the applicable form of authorization as specified in this rule within one year.

16. Habitat restoration, enhancement, or permitted mitigation activities without permanent preemption by structures or exclusion of the general public, but excluding all mitigation banks.

17. Management activities associated with protection of threatened, endangered and special concern species, rookeries, artificial or natural reefs, parks, preserves, historical sites, scientific study activities, or habitat restoration or enhancement areas, provided that there is no permanent preemption by structures or exclusion of the general public.

18. Class II special events of not more than 30 days involving the construction of structures that are not revenue-generating and either preempt 1,000 square feet or less of sovereignty submerged lands or preempt no more than 10 square feet of sovereignty submerged land for each linear foot of the applicant’s contiguous shoreline, along the affected sovereignty submerged land.

19. Federal projects conducted for the purposes stated in 43 USC 1311(d) or 1314 that enhance or maintain public navigation, national defense, international affairs, or interstate commerce, but not including the use of sovereignty submerged lands for other purposes, such as placement of spoil on state sovereignty submerged lands or non-water dependent activities.

(d) Lease. A sovereignty submerged land lease is required for the following activities.

1. Private residential single-family or multi-family docks or piers, other docks or piers, boat ramps, or other similar activities that do not qualify for a consent by rule or letter of consent.

2. Private residential multi-family docks designed or used to moor three or more vessels within aquatic preserves.

3. Any dock designed or used to moor ten or more vessels in Monroe County.

4. Commercial/industrial docks, as defined in Rule 18-18.004, F.A.C., in Biscayne Bay Aquatic Preserve, as required by paragraph 18-18.006(3)(c), F.A.C.

5. All revenue-generating activities, except as provided for in this chapter.

6. Registered or unregistered grandfather structures according to the provisions of Rule 18-21.00405, F.A.C.;

7. Oil and gas exploration and development.

8. Open-water mooring fields.

9. Mining.

10. Open-air-dining areas, as defined by subsection 18-21.003(43), F.A.C.

11. A Class III single special event for which the applicant requests authorization to conduct a single event involving construction of no more than 50 new slips or a preempted area of no more than 50,000 square feet.

12. A Class IV special event for which the applicant requests authorization to conduct a single event that does not qualify as a Class III single special event or to conduct more than one special event during the lease term.

(e) Easement. A sovereignty submerged land easement is required for the following public or private activities.

1. Utility crossings and rights of way that do not qualify for an exception to use sovereign submerged lands, consent by rule or letter of consent.

2. Road and bridge crossings and rights of way, such as structures built prior to the need to obtain an easement when proposed for modification or repair.

3. Groins, breakwaters, and shoreline protection structures, except when constructed as part of a docking facility that requires a lease.

4. Public navigation projects other than public channels.

5. Private channels that do not qualify for a letter of consent, such as a channel that provides access to revenue-generating facilities or uplands.

6. Oil, gas and other pipelines.

7. Intake and discharge structures more than 10 feet waterward of the mean or ordinary high water line.

8. Spoil disposal sites.

9. Borrow areas that will be used for longer than five years for beach nourishment.

10. Public water management projects other than public channels.

11. Management activities, which include permanent preemption by structures or exclusion of the general public, associated with protection of threatened, endangered and special concern species, rookeries, artificial or natural reefs, parks, preserves, historical sites, scientific study activities, or habitat restoration or enhancement areas.

12. Treasure salvage or cultural resource recovery.

13. Repair, replacement, or modification of a functional structure or activity constructed prior to that structure or activity being required to obtain an easement under this chapter.

14. Removal of pre-cut sunken timber (deadhead logging).

(f) Use Agreement – is required for:

1. Geophysical testing on all private, State-owned, or Federal upland areas which involve any incidental crossing of sovereignty submerged lands; and,

2. Geophysical testing in bays, estuaries, or Florida Territorial Waters seaward of the mean high water line and referred to herein as offshore testing.

3. A use agreement shall not be required:

a. When conducting seismic activity for well evaluation performed pursuant to paragraph 62C-26.007(3)(h), F.A.C.;

b. For incidental crossings when the geophysical operations are conducted entirely upon Trustees-owned uplands and a use agreement has been granted by the Division pursuant to Rule 18-2.015, F.A.C.; or

c. When geophysical operations are conducted by the current leaseholder upon land subject to a valid oil, gas or mineral lease granted by the State of Florida.

(2) All requests for purchases, disclaimers, and quitclaims of sovereignty submerged lands shall be processed in accordance with Rules 18-21.013 and 18-21.019, F.A.C.

(3) Requests for sales, exchanges, leases, aquaculture leases, and easements on sovereignty submerged lands shall be processed in accordance with the notice and hearing requirements of Section 253.115, F.S., except easements that qualify for a general permit under Chapter 373, F.S., provided that the proposed activity is not of heightened public concern. When noticing is required under Section 253.115, F.S., the applicant shall provide a list of names and addresses from the latest county tax assessment roll, of all property owners within a 500-foot radius of the proposed lease or easement boundary in mailing label format. In lieu of the Board providing notice of application for lease or easement, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department or to DACS, as applicable.

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.68, 253.77 FS. History–New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, Formerly 16Q-21.05, 16Q-21.005, Amended 1-25-87, 3-15-90, 10-15-98, 3-8-04, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.0051 Delegation of Authority

(1) The purpose of this section is to delegate certain review and decision-making authority of the Board, regarding the use of sovereignty submerged lands, to the Secretary of the Department of Environmental Protection, the Commissioner of Agriculture, and the Governing Boards of the Northwest Florida Water Management District, Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District, as applicable.

(2) The Secretary of the Department of Environmental Protection and the Governing Boards of the Northwest Florida Water Management District, Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District are delegated the authority to review and take final agency action on applications to use sovereignty submerged lands when the application involves an activity for which that agency has permitting responsibility, as set forth in the respective operating agreements between the Department and the water management districts identified in subsection 62-113.100(3), F.A.C., unless the final agency action is to approve any of the following proposed activities:

(a) Proposed leases or modifications to existing leases having a preempted area, as defined in Rule 18-21.003, F.A.C., of more than 150,000 square feet, including proposed leases for mooring fields that don’t qualify for the general permit under Rule 62-330.420, F.A.C., and additions to existing docking facilities where the size of the proposed additional preempted area exceeds 10% of the existing preempted area and the total of existing and proposed additional preempted area exceeds 150,000 square feet.

(b) Private easements of more than 5 acres, except for the installation of telecommunication lines and associated conduits in special consideration areas designated in paragraph 18-21.004(2)(l), F.A.C., in which case, prior to taking final agency action for such installations, staff will provide the Board with notice and an opportunity to request that the application be placed on the Trustees agenda or the removal of pre-cut sunken timber.

(c) Open-air dining areas that do not meet the criteria in subparagraph 18-21.004(1)(g)1., F.A.C.

(d) The establishment of a mitigation bank.

(e) Applications involving approval of an exception to the maximum cumulative preemption for a private residential multi-family dock or pier in accordance with subparagraph 18-21.004(4)(b)2., F.A.C., or

(f) Public mooring fields that have a preempted area of more than 150,000 square feet that don’t qualify for the general permit under Rule 62-330.420, F.A.C. or public mooring fields with tenancy between 6 – 12 months that do not meet the criteria in paragraph 18-21.004(1)(o), F.A.C., or public mooring fields with tenancy longer than 12 months.

(3) The Commissioner of Agriculture is delegated the authority to review and take final agency action on behalf of the Board on applications to use sovereignty submerged lands and water columns for any activity for which the Department of Agriculture and Consumer Services has responsibility pursuant to Sections 253.67 ‒ 253.75 and 597.010, F.S., except the Board shall retain authority to grant the following:

(a) Establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases; and,

(b) Authorizing aquacultural activities in a managed area, such as state parks, aquatic preserves, marine sanctuaries, or research reserves, when the Department of Environmental Protection has determined that the proposed aquaculture activity is inconsistent with the management goals and objectives of that area.

(4) The Secretary of the Department of Environmental Protection and the Governing Boards of the specified Water Management Districts and the Commissioner of Agriculture may further delegate review and decision making authority for activities authorized under Rule 18-21.002, F.A.C., to staff within their respective agencies.

(5) The delegations set forth in subsections (2) and (3) are not applicable to a specific application for a request to use sovereignty submerged lands under Chapter 253 or 258, F.S., where one (1) or more members of the Board, the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or the appropriate water management district determines that such application is reasonably expected to result in a heightened public concern, because of its potential effect on the environment, natural resources, or controversial nature or location.

History

• Rulemaking Authority 253.002, 253.73 FS. Law Implemented 253.002, 253.67-.75, 597.010 FS. History–New 10-12-95, Amended 10-29-03, 10-27-05, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.0056 Procedures for the Review of Applications to Conduct Geophysical Testing

(1) Use agreements for geophysical testing involving incidental crossings.

(a) Prior to recommending the execution of a use agreement, the Division shall:

1. Have received from the Oil and Gas Program a permit application to conduct geophysical testing which is being processed by the Department;

2. Have received all fees required by subsection 18-2.019(4), F.A.C.;

3. Have received all information pursuant to Rule 18-21.0077, F.A.C.;

4. Solicit comments from entities whose jurisdiction may be affected, such as the Department of Agriculture, Florida Forest Service, the Department of Environmental Protection, if applicable, the Division of Water Resource Management, Oil and Gas Program, the Division of Recreation and Parks, and the Fish and Wildlife Conservation Commission; and,

5. Ensure that all activities associated with the proposed operations will not conflict with an established public use and the protection of wildlife, such as endangered and threatened species, and that the activity is consistent with adopted management criteria.

(b) Use agreements shall be approved, approved with conditions, or denied by the Board. Standards for approval shall be based on the review criteria of paragraph 18-21.0056(1)(a), F.A.C.

(c) Use agreements shall commence on the date the geophysical permit is issued by the Department, and shall continue for a period not to exceed one year unless terminated pursuant to paragraph (2)(e). A use agreement shall be renewed for up to one additional year if (1) the applicant has complied with all terms and conditions of an approved use agreement, and (2) the geophysical permit is renewed.

(2) Use agreements for offshore testing.

(a) Prior to recommending the approval, modification or denial of a use agreement, the Division shall:

1. Have received from the Oil and Gas Program a permit application to conduct geophysical testing which is being processed by the Department;

2. Have received all fees required by subsection 18-2.019(5), F.A.C.;

3. Have received all information pursuant to Rule 18-21.0077, F.A.C.;

4. Solicit comments from entities whose jurisdiction may be affected, such as the Division of Water Resource Management, the Florida Coastal Office, the Florida Fish and Wildlife Conservation Commission;

5. Solicit and receive written comments from the Office of the Governor addressing the proposed activity’s consistency with the State’s Outer Continental Shelf oil and gas leasing policy; and,

6. Ensure that all activities associated with the proposed operations will not conflict with a public use, nearshore management policies, the protection of marine resources such as endangered and threatened species, and adopted management criteria.

(b) All use agreements for offshore geophysical testing shall be approved, approved with conditions, or denied by the Board. Standards for approval shall be based on review criteria of paragraph 18-21.0056(2)(a), F.A.C.

(c) Use agreements shall commence on the date the geophysical permit is issued by the Department, and shall continue for a period not to exceed one year unless terminated pursuant to paragraph (e) below. A use agreement shall be renewed for up to one additional year if (1) the applicant has complied with all terms and conditions of an approved use agreement, and (2) the geophysical permit is renewed.

(d) Data Submission and Examination.

1. The applicant shall submit a field operations report to the Department of Environmental Protection, Oil and Gas Program, within thirty days after the completion of any survey activities conducted under a use agreement. The report shall contain the following:

a. A narrative description of the work performed, including the types of data obtained and the types of logs produced from the operations;

b. Charts, maps or plats indicating the areas in which any exploration was conducted, specifically identifying the lines of geophysical traverses and/or locations where geological exploration was conducted accompanied by a reference sufficient to identify the data produced from each activity;

c. The dates and times during which the actual exploration was performed;

d. The nature and location of any environmental hazards created by the operations under an approved use agreement;

e. A description of any damage to or loss of state property which resulted from the reported activities; and,

f. Such other information as requested by the Division that pertains to the operational components of the geophysical testing.

2. Upon written request, the applicant shall provide to the Oil and Gas Program, at no cost, one copy of the information described in subparagraphs a. through e. below if available. Where possible the information may be furnished in the form of paper copies as opposed to mylar, film, or tape. Duplicates shall be furnished upon request at cost of reproduction. The Oil and Gas Program shall also have the right to inspect and/or copy, at cost of reproduction, factual and physical exploration results, logs, records, and any other processed records excluding interpreted data.

a. High resolution profiles including but not limited to bathymetry, side-scan sonar, and sub-bottom profiles.

b. Blackline or blueline paper copies of final stacked sections and migrated sections. Paper copies of sections chosen for State use shall be made at one-half scale (2-1/2 inches per second).

c. Post-plot maps at a reasonable and appropriate scale for the dimensions of the survey and whenever possible a scale of 1:48,000 (1 inch equals 4,000 feet).

d. Copies of navigation tapes with narrative summary of accuracy of shot points and ship tracks.

e. Gravity data reduced or compiled in profile form; and Magnetometer data corrected for International Geomagnetic Reference Field in profile form whenever available. Data shall include how reductions and corrections were made.

3. In the event that ownership of information or data obtained under a use agreement is transferred from the applicant to a third party, or from a third party to another third party, the transferor shall notify the Oil and Gas Program and shall require the receiving third party, in writing, to expressly agree to abide by the obligations of the applicant under subparagraph 18-21.0056(2)(d)2., F.A.C., as a condition precedent to the transfer of the information or data.

(e) The activities provided for in a use agreement may be suspended, in whole or in part, upon a finding by the Board that suspension of the activity is necessary to protect the public interest. Such suspension shall be effective upon receipt by applicant of a written or oral (to be confirmed in writing) notice thereof which shall indicate: (1) the extent of the suspension; (2) the reasons for this action; and, (3) any corrective or preventive measures to be taken by the applicant which are deemed necessary by the Board to abate hazards to the general public interest. The applicant shall take immediate action to comply with the provisions of the issued notice. Failure by the applicant to timely comply with the provisions of the issued notice shall cause the use agreement and the applicant’s rights thereunder to immediately terminate.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.431 FS. History–New 1-25-87, Amended 3-21-19.

Fla. Admin. Code R. 18-21.006 Applications – General Information

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03 FS. History–New 3-27-82, Formerly 16Q-21.06, 16Q-21.006, Repealed 5-23-96.

Fla. Admin. Code R. 18-21.007 Applications for Letter of Consent

Applications for a letter of consent shall include the following:

(1) Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable;

(2) Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity;

(3) Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.;

(4) A detailed statement of the proposed activity;

(5) Multi-slip docking facilities shall provide a letter affirming that the facility will not be a revenue generating/income producing facility as defined in Rule 18-21.003, F.A.C.;

(6) Dimensioned site plan drawing(s) with the following requirements:

(a) Using an appropriate scale for a 8 1/2" x 11" size document;

(b) Showing the approximate water’s edge;

(c) Showing the location of the shoreline vegetation, if existing;

(d) Showing the location of the proposed structures and any existing structures;

(e) Showing the applicant’s upland parcel property lines; and,

(f) Showing the primary navigation channels or direction to the center of the affected waterbody.

(7) If dredging is proposed, an estimate of the number of cubic yards of sovereignty materials to be removed showing how the amount was calculated.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.77 FS. History–New 3-27-82, Formerly 16Q-21.07, 16Q-21.007, Amended 12-11-01, 3-21-19.

Fla. Admin. Code R. 18-21.0077 Applications for Use Agreements

(1) Applications for use agreements for geophysical testing involving incidental crossings. The Oil and Gas Program shall provide the Division a copy of all geophysical testing permit applications. In addition to information contained in the permit application, the Division shall require the applicant to submit:

(a) The name, email address, and the telephone number of a representative of the applicant able to resolve multiple use conflicts;

(b) A $500 nonrefundable application processing fee for geophysical testing on all private and Federal uplands when any incidental crossing of sovereignty submerged lands occurs. If the application is part of a larger project involving state-owned uplands, no application fee for incidental crossing shall be required; and,

(c) A certified statement providing authorization to the individual who will execute an approved use agreement on behalf of the applicant.

(2) Applications for use agreements for geophysical testing in offshore waters.

(a) The Oil and Gas Program shall provide the Division a copy of all geophysical testing permit applications. In addition to information contained in the permit application, the Division shall require the applicant to submit:

1. The name of the vessel, the name of the ship’s captain/designee, the ship’s call signs and the specific radio channel which will be monitored by the vessel at all times during operations;

2. A letter certifying total mileage requested to be surveyed, delineating number of miles in water depth less than 35 feet and number of miles in 35-foot water depth and greater;

3. A certified statement providing authorization to the individual who will execute an approved use agreement on behalf of the applicant; and,

4. An $800 nonrefundable application processing fee payable to the Division.

(b) In addition to the other requirements of subsection 18-21.0077(2), F.A.C., the Division shall solicit and receive:

1. Written comments from the Office of the Governor addressing consistency of the proposed testing with the State’s oil and gas leasing policy;

2. Written comments from the Aquatic Preserves and National Estuarine Research Reserves if any of the proposed testing is within an aquatic preserve; and,

3. A biological assessment from the Department of Environmental Protection, if applicable.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.77 FS. History–New 1-25-87, Amended 3-21-19.

Fla. Admin. Code R. 18-21.008 Applications for Lease

Applications for the following categories of leases are found in this section: standard, extended term, and oil and gas. Special event leases are addressed in Rule 18-21.0082, F.A.C.

(1) Standard Lease. The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multi-family dock or pier, or private residential multislip dock shall be 10 years. For all other leases the term shall be 5 years. However, the term for leases for marinas where at least 90 percent of the slips are maintained for rent to the public on a first-come, first-served basis shall be 10 years.

(a) Applications for leases shall include the following:

1. Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable.

2. Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity.

3. Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.

4. Either a survey (when the lease area is 3,000 square feet or greater), or a sketch (when the lease area is less than 3,000 square feet) prepared, signed, and sealed by a Florida registered Professional Surveyor and Mapper, and meeting the following requirements:

a. Use a scale necessary to provide sufficient legibility and clarity of detail on an 8 1/2" x 11" page size;

b. Show the approximate location of the ordinary or mean high water;

c. Show the linear footage of the shoreline;

d. Show the location of the shoreline vegetation, if existing;

e. Show the location of the proposed structures and any existing structures;

f. Show the applicant’s upland parcel property lines and associated riparian rights lines;

g. Show the primary navigation channels or direction to the center of the affected waterbody;

h. Include a legal description of the preempted area to be leased;

i. For those lease applications in the Florida Keys, indicate the water depths referenced to mean low water within the lease area and out to the navigation channel;

j. Computation of the total square footage of preempted sovereignty land to be leased; and

k. For those lease applications in an Aquatic Preserve, describe the natural, seawalled, or riprapped condition along the proposed lease area plus 1,000 feet on each side of the lease area.

5. Noticing information as required by subsection 18-21.005(3), F.A.C.

6. Information required by Form 18-21.008, Billing Information Form, March 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10252, which provides billing information; sales tax information; and other data required in accordance with Section 24.115(4), F.S. The form is also available from the Department’s Internet site at http://www.dep.state.fl.us/lands/files/submerged_billing_information_form.pdf.

7. Payment of a $200.00 non-refundable processing fee for a private residential single-family dock or pier, or payment of a $500 non-refundable processing fee for all other facilities. The processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase.

8. If dredging is proposed, an estimate of the number of cubic yards of sovereignty materials to be removed, showing how the amount was calculated.

(b) All leases shall be subject to the following provisions:

1. The effective date of the lease term shall be the date of approval by the Board. The first annual lease fee shall be assessed beginning on the date of execution of the new lease or modified lease. New construction, new activities, or additional preemption cannot begin until the lease is executed. The first annual lease fee payment for new leases or modified leases shall be made within 30 days of execution of the lease.

2. Leases shall include provisions for lease fee adjustments and payments annually.

3. Leases are renewable, modifiable, and assignable, subject to: approval by the Board under this rule; compliance with the statutes and rules of the Board in effect at the time of lease renewal, modification or assignment that apply to or affect sovereignty submerged lands, including those that require modification of existing legally authorized structures; payment of a $261.00 non-refundable processing fee for a private residential single-family dock or pier, or payment of a $657.00 non-refundable processing fee for all other facilities; and payment of all fees assessed under Rule 18-21.011, F.A.C. The processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. Non-compliance with any material term or condition of the lease to be renewed, modified or assigned or of any other current or prior lease between the applicant and the Board; evidence of the applicant’s previous trespass, damage, or depredation to sovereign submerged land or the products thereof caused by the facility or use; or failure to pay any fees or fines assessed under Rule 18-21.011 or Chapter 18-1, F.A.C., for such leases; shall result in termination of the lease, corrective action, or enforcement under Section 253.04, F.S., or Chapter 18-14, F.A.C. No application to renew, modify or assign the lease shall be approved unless all such non-compliance is corrected.

4. At least once every five years, sites subject to lease shall be inspected by the Department or water management district staff to determine compliance with the terms and conditions of the lease. Non compliance with any material term or condition of the lease, or evidence of trespass, damage, or depredation to sovereign submerged land or the products thereof caused by the facility or use, shall result in termination of the lease, corrective action, or enforcement under Section 253.04, F.S., or Chapter 18-14, F.A.C.

5. Upon expiration or cancellation of a lease, the former lessee shall remove all structures and equipment from the leased area in accordance with the terms and conditions of the lease or as ordered under Section 253.04(2), F.S. In the event that the former lessee fails to remove all structures and equipment, the Board shall issue an order requiring the former lessee to remove the structures and equipment from the leased area. If the former lessee fails to comply with such an order, the Board shall:

a. Impose a fine under Section 253.04(2), F.S. and subsection 18-14.002(2), F.A.C.; and,

b. Remove the structures and equipment and recover the cost of removal from the former lessee under Sections 253.04(1) and (5), F.S., and Chapter 18-14, F.A.C.

Failure to pay a fine imposed under sub-sub-subparagraph 6.a., shall result in the imposition of a statutory lien in accordance with Section 253.04(6), F.S., and Chapter 18-14, F.A.C.

(2) Extended Term Leases.

(a) Extended term leases are those leases with terms in excess of those allowable for standard leases. Extended term leases shall be available for terms up to 25 years. Extended term leases shall be available for existing or proposed facilities or activities, including Grandfathered Registered Structures being brought under lease in accordance with paragraph 18-21.005(1)(d), F.A.C., where the use of the sovereignty submerged lands and the associated existing or proposed structures on sovereignty submerged lands have or will have an expected life, or amortization period, equal to or greater than the requested lease term and where the applicant has demonstrated that:

1. The facility or activity provides access to public waters and sovereignty submerged lands for the general public on a first-come, first-served basis;

2. The facility is constructed, operated or maintained by government, or funded by government secured bonds with a term greater than or equal to the requested lease term; or

3. The applicant demonstrates that an extended term is necessary to satisfy unique operational constraints; or

4. The facility is in compliance with an existing extended term lease.

(b) The Board shall grant extended term leases for those facilities or activities that qualify under paragraph 18-21.008(2)(a), F.A.C., where the applicant:

1. Has demonstrated compliance with all other provisions of this chapter applicable to the facility or use;

2. Has minimized the potential adverse impacts to sovereignty submerged lands as a result of the construction and use of the facility for its expected life’s duration;

3. Has agreed to comply with all the terms and conditions that would be applicable to the extended term lease;

4. Has demonstrated compliance with the material terms and conditions of any previous lease or authorization issued to the applicant by the Board; and,

5. Has agreed to comply with the statutes, and rules of the Board, in effect at the time the lease is executed and whenever they are amended thereafter that apply to or affect sovereignty submerged lands and that are applicable to the facility or use.

(c) Applications for extended term leases shall be made using the criteria of paragraph 18-21.008(1)(a), F.A.C.

(d) All extended term leases shall be subject to the provisions of paragraph 18-21.008(1)(b), F.A.C.

(3) Oil and Gas Lease.

(a) Applications for nominations for the lease of sovereignty lands in which the State of Florida holds an interest in the petroleum or petroleum products shall include the following:

1. Name, email address, and address of the applicant or nominee;

2. Legal description of the parcel sought including the surface acreage; the applicant may use the submerged land blocks approved by the Board on March 17, 1981;

3. Identification of the state agency vested with the ownership of the petroleum products;

4. Percentage of the petroleum interests held by the State;

5. Identification of any municipal corporation in which all or part of the parcel sought is located or within 10 miles thereof;

6. Identification of any improved beach outside a municipal corporation or lands in the tidal waters of the State of Florida abutting on or immediately adjacent to any improved beach in which all or part of the parcel sought is located or within 3 miles thereof; and,

7. A $200 non-refundable processing fee.

(b) Competitive bids for oil and gas leases shall be written offers of a cash consideration including the advertised fee for the first lease year, the amount offered above said fee being the competitive bid. The cash consideration offered shall accompany the written offer by certified or cashier’s check made payable to the department and shall be returned to the unsuccessful bidder upon award of the lease or upon rejection of any and all bids. All bids must contain a certified statement as to the bidder’s state lease holdings pursuant to Section 253.512, F.S.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.04, 253.115, 253.12, 253.47, 253.512, 253.52-.54, 253.61, 253.67-.75 FS. History–New 12-20-78, Formerly 16C-12.14, 16Q-17.14, Amended 3-27-82, 8-1-83, 2-25-85, 3-19-85, Formerly 16Q-21.08, 16Q-21.008, Amended 1-25-87, 10-11-98, 12-11-01, 3-8-04, 8-10-05, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.0081 Grandfather Structure Applications

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.077 FS. History–New 8-1-83, Formerly 16Q-21.081, 16Q-21.0081, Amended 3-15-90, 8-10-05, Repealed 3-12-12.

Fla. Admin. Code R. 18-21.0082 Applications for Special Event Authorizations

(1) Class II Letter of Consent. Applications for a Class II Letter of Consent for special events shall include the following:

(a) Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable;

(b) Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map;

(c) A detailed statement of the proposed activity;

(d) A letter affirming that the special event will not be a revenue generating/income producing activity;

(e) Dimensioned site plan drawing(s), with the following requirements:

1. Using an appropriate scale on an 8 1/2" x 11" page size;

2. Showing the approximate water’s edge;

3. Showing the location of the shoreline vegetation, if existing;

4. Showing the boundary of the proposed preempted area;

5. Showing the upland parcel property lines and associated riparian rights lines of any riparian owners of adjacent uplands; and,

6. Showing the primary navigation channels or direction to the center of the affected waterbody.

(f) A list of names and addresses of all riparian owners of adjacent uplands, verified by the County Property Appraiser’s Office that these names came from the latest tax assessment rolls. Such owners shall be notified by certified mail of any application for a consent of use prior to approval by the Board. In lieu of the Board providing notice of the application, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department. “Riparian owners of adjacent uplands” are owners of upland property landward of the special event, where any point on the boundary of the preempted area of the special event, as identified in the application, is located within the upland owner’s riparian rights area.

(g) Name, address, and telephone number of the owner of any marina to be utilized for the special event, and a copy of any existing sovereign submerged land lease for such marina, or the name of the governmental entity that is the riparian owner of the adjacent uplands, along with the address and telephone number of a contact person for the governmental entity.

(2) Class III Single Event Lease and Class IV Special Events Lease.

(a) Applications for Class III and IV leases for special events shall include the following:

1. Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable;

2. Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map;

3. A detailed statement of the proposed activity, including the sizes and types of vessels proposed to use the facility or associated with a special event, when applicable;

4. Name, address, email address, and telephone number of the owner of any marina to be utilized for the special event, and a copy of any existing sovereign submerged land lease for such marina, or the name of the governmental entity that is the riparian owner of the adjacent uplands, along with the address and telephone number of a contact person for the governmental entity.

5. A sketch, on an 8 1/2" x 11" page size, prepared, signed, and sealed by a Florida registered professional engineer or Florida registered Professional Surveyor and Mapper. The sketch shall include the following information:

a. The location and dimensions of all proposed and existing structures, such as mooring pilings, total number of existing and proposed slips, and the location of any fueling and sewage pumpout facilities within the proposed lease area;

b. The location of the approximate mean or ordinary high water line;

c. The proposed boundary of the preempted area, showing scaled 1927 or 1983 North American Datum (NAD) coordinates of the preempted area (or scaled from a USGS Quad Sheet or other comparable map), which includes: a description of the proposed preempted area; the section, township, range, county, and waterbody of the proposed location; the legal description of the riparian upland property adjacent to the area of sovereignty submerged lands proposed to be preempted by the event; and the square footage calculations of the proposed preempted area;

d. The linear footage of the riparian upland shoreline adjacent to the area of sovereignty submerged lands preempted by the event;

e. The upland parcel property lines and associated riparian rights lines of any riparian owners of adjacent uplands;

f. The primary navigation channels or direction to the center of the affected waterbody;

g. Distance from the riparian lines to any proposed structures;

h. If located in an aquatic preserve, show the condition (natural or seawall) of the shoreline along the lease area plus 1,000 feet on both sides;

i. North arrow and graphic scale; and,

j. The boundaries, locations, and types of sensitive resources within the preempted area, such as denning, feeding, or breeding areas of threatened or endangered species; submerged vegetation beds and emergent shoreline vegetation; shellfish beds; and hardbottom communities such as coral.

6. A list of names and addresses of all riparian owners of adjacent uplands and all property owners within a 500-foot radius of the proposed preempted area, verified by the County Property Appraiser’s Office, that these names came from the latest tax assessment rolls. Such owners shall be notified by certified mail of any application for a special event authorization prior to approval by the Board. In lieu of the Board providing notice of the application, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department. “Riparian owners of adjacent uplands” are owners of upland property landward of the special event, where any point on the boundary of the preempted area of the special event, as identified in the application, is located within the upland owner’s riparian rights area. The Board also shall require the applicant to publish a notice of receipt of the application, at the applicant’s expense, in a newspaper of general circulation within the affected area; proof of such publication shall be provided to the Board within 20 days of the date of publication.

7. Information required by form 18-21.900(1), Billing Information Form, which provides billing information; sales tax information; and other data required in accordance with Section 24.115(4), F.S.

8. If the event will extend beyond the boundary of an existing lease, a copy of the existing lease.

9. Basis for computation of the special event fee including: the total square footage of preempted sovereign submerged land to be leased, and gross rental income in accordance with Rule 18-21.011, F.A.C.

10. A schedule of the dates of requested preemption of sovereignty submerged lands.

(b) Whenever the estimated costs of removal of the structures and the fees due exceed $10,000, non-riparian applicants for Class III and IV leases shall provide evidence of financial resources to cover the costs of removal of temporary structures and payment of all fees due under Rule 18-21.011, F.A.C. Such evidence shall be updated prior to each special event for recurring special events. Proof of sufficient financial resources may be demonstrated by any one of, or a combination of, the following:

1. Posting of a surety or property bond with the Board equal to or exceeding the estimated cost of removal of the structures and all fees due;

2. Irrevocable letter of credit in the name of the Board in an amount equal to or exceeding the estimated cost of removal of the structures and all fees due;

3. Insurance or financial tests and corporate guarantees showing the applicant has sufficient financial resources to cover the estimated costs of removal of the structures and all fees due;

4. Submittal of a contract with a third party covering all phases of removal of structures and final site clean-up; or

5. An agreement allowing the Board to impose a lien against the real and personal property of the applicant for the unpaid costs and fees. The agreement shall include proof of ownership of such real and personal property, and the appraised unencumbered value of which shall equal or exceed the estimated cost of removal of the structures and all fees due under Rule 18-21.011, F.A.C.

However, such evidence of financial resources shall not be required when an applicant is a governmental entity or has previously demonstrated substantial compliance with the terms of any prior leases or authorizations from the Board for the five preceding consecutive special events or during the preceding five-year period.

(c) Class III and IV leases shall be subject to the following provisions:

1. A Class III single event lease is limited to a maximum of 45 consecutive days per event. A Class IV special events lease shall be available for a term of up to 10 years.

2. Class III and Class IV leases shall specify a period of 45 or fewer days within which any preemption for an event will occur.

3. No construction, activities, or preemption shall occur until a Class III single event lease is issued, or a Class IV special events lease or modified lease is executed.

4. Payment of fees shall be pursuant to paragraph 18-21.011(1)(d), F.A.C.

5. A Class III or IV lease shall not alter the terms and conditions of existing leases.

6. Reconfigurations of structures within the boundaries of the preempted area shall be allowed without a formal modification to the Class III or IV lease, provided the reconfiguration avoids areas of sensitive resources identified in the lease. A sketch of the reconfiguration shall be provided to the Board within 30 days of the end of special event period.

History

• Rulemaking Authority 253.03(7), 253.0345, 253.73, 379.2341 FS. Law Implemented 253.03, 253.0345, 253.04, 253.115, 253.141, 253.77 FS. History–New 10-15-98, Amended 3-21-19.

Fla. Admin. Code R. 18-21.009 Applications for Public Easement

(1) Applications for easements across sovereignty submerged land for public purposes such as public utilities, bridges, and roads, shall include the following:

(a) Name, address, email address, and telephone number of applicant and applicant’s authorized agent;

(b) Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity;

(c) Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.;

(d) A detailed statement of proposed use and satisfactory evidence of need for installation of telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C. If the applicant is a local governing body, the request shall be by official resolution or minutes;

(e) A sketch prepared by a Florida registered Professional Surveyor and Mapper and meeting the following requirements:

1. Using an appropriate scale on an 8 1/2" x 11" page size;

2. Showing boundaries of the parcel sought;

3. Showing ownership lines of the riparian uplands;

4. Showing the line of ordinary or mean high water;

5. Showing the location of the shoreline vegetation, if existing;

6. Showing the location of any proposed or existing structures; and,

7. Including a legal description, total square footage, and acreage of the parcel sought. However, for applications received after October 29, 2003, for telecommunication lines and associated conduits in special consideration areas designated in paragraph 18-21.004(2)(l), F.A.C., a sketch of the location of the installation shall be submitted provided that an as-built survey and legal description are submitted upon completion of construction. Such sketch shall be on NOAA nautical charts using the smallest scale available for the portion of the route shown;

(f) Noticing information as required by subsection 18-21.005(3), F.A.C.;

(g) Payment of a $657.00 non-refundable processing fee. This processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. However, a $15,000 non-refundable processing fee is required for each application to install telecommunication lines and associated conduits received after October 29, 2003, that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., at a landing site, including applications to install telecommunication lines in previously authorized empty conduits. The processing fee for telecommunication lines and associated conduits shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. The applicant may request that the processing fee be waived for state agencies established pursuant to Chapter 20, F.S., and local governments; and,

(h) If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated.

(2) Easements are renewable, modifiable, and assignable subject to approval by the Board under this rule; compliance with applicable statutes and rules of the Board in effect at the time of easement renewal; payment of a $500.00 non-refundable processing fee; and payment of all fees assessed under Rule 18-21.011, F.A.C. The processing fee for renewal, modification or assignment, shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase.

(3) All easements across sovereignty lands shall be subject to reverter upon failure of the applicants to use the parcels sought as proposed in the applications.

(4) The terms of the easements shall be limited to the life of the proposed project or amortization of the improvements.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03(11), 253.115, 253.12 FS. History–New 9-26-77, Formerly 16C-12.09, 16Q-17.09, Revised 3-27-82, Formerly 16Q-21.09, 16Q-21.009, Amended 12-11-01, 10-29-03, 3-8-04, 8-10-05, 3-21-19.

Fla. Admin. Code R. 18-21.010 Applications for Private Easement

(1) Applications for easements across sovereignty submerged lands for private purposes shall include the following:

(a) Name, address, email address, and telephone number of applicant and applicant’s authorized agent;

(b) Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity;

(c) Satisfactory evidence of sufficient upland interest of the extent required by paragraph 18-21.004(3)(b), F.A.C.;

(d) A detailed statement of proposed use and satisfactory evidence of need for installation of telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C.;

(e) A statement evidencing that the easement sought is in the public interest;

(f) Either a survey (when the easement area is 3,000 square feet or greater), or a sketch (when the easement area is less than 3,000 square feet), prepared by a Florida registered Professional Surveyor and Mapper and meeting the following requirements:

1. Using an appropriate scale on an 8 1/2" x 11" page size (unless a larger size is necessary to provide sufficient clarity and detail);

2. Showing boundaries of the parcel sought;

3. Showing ownership lines of the riparian uplands;

4. Showing the line of ordinary or mean high water;

5. Showing the location of the shoreline vegetation, if existing;

6. Showing the location of any proposed or existing structures; and,

7. Including a legal description, total square footage, and acreage of the parcel sought. However, for applications received after October 29, 2003, for telecommunication lines and associated conduits in special consideration areas designated in paragraph 18-21.004(2)(l), F.A.C., a sketch of the location of the installation shall be submitted provided that an as-built survey and legal description are submitted upon completion of construction. Such sketch shall be on NOAA nautical charts using the smallest scale available for the portion of the route shown;

(g) Noticing information as required by subsection 18-21.005(3), F.A.C.;

(h) Payment of a $657.00 non-refundable processing fee. This processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. However, a $15,000 non-refundable processing fee is required for each application to install telecommunication lines and associated conduits received after October 29, 2003, that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., at a landing site, including applications to install telecommunication lines in previously authorized empty conduits. The processing fee for telecommunication lines and associated conduits shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase;

(i) If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated; and,

(j) If the application is for an easement of right-of-way for private access from a public road to lands of the applicant, proof of approval from the agency having jurisdiction over the public road.

(2) Easements are renewable, modifiable and assignable, subject to approval by the Board under this rule; compliance with applicable statutes and rules of the Board in effect at the time of easement renewal; payment of a $500.00 non-refundable processing fee; and payment of all fees assessed under Rule 18-21.011, F.A.C. The processing fee for renewal, modification or assignment shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase.

(3) Applications shall be granted upon such terms and conditions, including payment of the value of the easement, if any, that the board sees fit. If required by the board, full payment shall be made within 90 days after receipt of notification that the easement has been granted by the board or the granting of the easement shall be invalid.

(4) All easements across sovereignty lands shall be subject to reverter upon failure of the applicant to use the parcels sought as proposed in the applications.

(5) The terms of all the easements shall be limited to a reasonable period of time related to the life of the proposed project or amortization of the improvements, up to a maximum term of 25 years.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03(4), 253.03(11), 253.115, 253.12 FS. History–New 12-20-78, Formerly 16C-12.10, 16Q-17.10, Amended 3-27-82, Formerly 16Q-21.10, 16Q-21.010, Amended 12-11-01, 10-29-03, 3-8-04, 8-10-05, 4-14-08, 3-21-19.

Fla. Admin. Code R. 18-21.011 Payments and Fees

(1) Standard and Extended Term Leases.

(a) Fee Formula.

1. Except as otherwise provided, the annual lease fee for standard term leases shall be six percent of the annual income, the base fee, or the minimum annual fee, whichever is greater, and shall include discounts, surcharges, and other payments as provided in paragraph 18-21.011(1)(b), F.A.C. The annual lease fee for extended term leases shall be calculated using the following equation: annual lease fee for extended term leases = annual lease fee for standard term leases multiplied by (1 + .01X), where: X = the term of the lease in years. For the purposes of this section, income shall be the gross receipts derived from the rental, lease, sublease, license or other transaction involving tenancy of wet slips over sovereign submerged land whether the holder of the lease is primarily involved in every subsequent transaction or not. The base fee and minimum annual fee will be calculated according to paragraph (b) of this subsection. All leases shall require that the lessee include a clause in agreements for the use of a slip providing that 6% of gross income derived from any sub-agreement for the use of a slip shall be paid to the Board’s lessee, who shall report and transmit such payments to the Board upon receipt, and a clause providing that no interest in a slip may be further transferred unless a substantially similar clause is placed in any succeeding document effecting the transfer to each new slip holder. Notwithstanding, a lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multi-family dock or pier, or private residential multislip dock is not required to pay a lease fee on revenue derived from the transfer of fee simple or beneficial ownership of private residential property that is entitled to a homestead exemption pursuant to Section 196.031, F.S., at the time of transfer.

2. The income used to determine the annual lease fee and any other information required from the previous year will be certified true and correct by the lessee and shall include any ancillary charges, such as club membership, stock ownership, or equity interest or other miscellaneous fees required for and directly attributable to the rental of a wet slip over, or use of, sovereign submerged land. Ancillary charges shall not include pass-through fees such as fees for utility services. Facilities that do not rent wet slips or that rent slips significantly below prevailing market rate shall submit a comparable sales analysis, a broker’s opinion of value, sales documentation, or appraisal of the wet slips to determine their income. Notwithstanding, an appraisal shall be required when the Department finds the submission insufficient to support the slip value. When an appraisal is required the Bureau of Appraisal shall obtain fee quotes and select qualified appraisers. The applicant will be notified of the fee and shall submit payment for the appraisal to the Department prior to the appraisal being initiated. The initial income, as appraised, shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase, but shall be recalculated in accordance with each new appraisal, regardless of the CPI figure.

3. For new leases, the first annual lease fee shall be the base fee or the minimum fee (as determined in subparagraph 18-21.011(1)(a)1., F.A.C.), whichever is greater, or the extended term fee (for facilities that qualify under subsection 18-21.008(2), F.A.C.), in effect when the lease is executed. The lease fee will be adjusted to incorporate income consistent with the formulas in subparagraph 18-21.011(1)(a)1., F.A.C., when the lessee offers any slips for rent.

4. Docking facilities in aquatic preserves shall be subject to the base rate adjustment outlined in subparagraph 18-21.011(1)(b)5., F.A.C., where applicable.

(b) Base Fees, Discounts, Surcharges and Other Payments.

1. The base fee shall be computed at a rate of $0.1413 per square foot per annum, which became effective March 1, 2007. The base fee and the minimum annual fee shall be revised March 1 of each year and increased or decreased based on the average change over time in the price paid by all urban consumers for a market basket of consumer goods and services. In determining the change, the Board will annually consult the Consumer Price Index figures established for the previous five years by the Bureau of Labor Statistics, computed as provided in the BLS Publication “Handbook of Methods,” Chapter 17, June 2007, and found on the BLS website at http://www.bls.gov/opub/hom/pdf/homch17.pdf. There shall be a 10 percent cap on any annual increase.

2. There shall be a discount of 30 percent on the annual lease fee for all marinas where at least 90 percent of the slips are available for rent to the public on a first-come, first-served basis. To receive this discount, any dockage rate sheet publications and dockage advertising for the marina shall clearly state that slips are open to the public on a first-come, first-served basis.

3. A surcharge equivalent to 25 percent of the base fee or minimum annual fee for standard term leases, or of the extended term fee shall be charged in addition to the first annual lease fee on all new leases, except for registered or unregistered grandfathered structures being converted to a lease. For all lease expansions, a surcharge also shall be charged on the portion of the lease fee that applies to the expansion area. This surcharge is a one-time payment which is not credited toward any of the rental value payment.

4. There shall be a minimum annual fee of $423.89, effective March 1, 2007. The minimum annual fee shall be adjusted annually based on subparagraph 18-21.011(1)(b)1., F.A.C.

5. The following additional charge shall apply in aquatic preserves: A base rate of two times the base rate determined in subparagraph 18-21.011(1)(b)1., F.A.C., shall be applied to leases in aquatic preserves when 75 percent or more of the sum total of linear footage of the subject lease area shoreline together with the adjacent 1,000 feet of shoreline on each side of the lease area is in a natural, unbulkheaded, nonseawalled or nonriprapped condition. When requested by the applicant and documentation has been provided that the area has lost its natural, unbulkheaded, nonseawalled or nonriprapped condition, this rate will no longer be applicable.

6. The annual lease fees for restaurants and other nonwater dependent uses shall be negotiated by the Department or water management district staff. In negotiating the annual lease fee, the Department or water management district staff will consider the appraised market rental value of the riparian upland property and the enhanced property value, benefits, or profit gained by the applicant if the proposed lease is approved. The Division using best professional judgement may consider a comparable sales analysis, or a brokers opinion of value of the market rental rate of the riparian upland property. Grandfathered nonwater dependent uses shall be assessed fees as water dependent uses when grandfathered status is lost for any reason. For Open-air dining areas, that meet the criteria in subparagraph 18-21.004(1)(g)1., F.A.C., the annual lease fees for the nonwater dependent uses shall be an amount equal to 10 times the base fee. These leases are not eligible for any lease fee discounts contained in this rule.

7. A waiver from payment of annual lease fees for government, research, education or charitable entities that are either not-for-profit or non-profit shall be granted if the following conditions are met:

a. Any revenues collected from the activity or use of sovereign submerged lands are used solely for the purposes of operation and maintenance of the structure; and,

b. The activity or use of sovereignty submerged lands is consistent with the public purposes of the applicant organization; and,

c. In no case shall the activity or use of sovereign submerged lands be operated to directly benefit a party not eligible for the waiver. Notwithstanding, a party eligible for this waiver may hire a private vendor to operate the activity, provided, however, that the private vendor does not directly receive funds from such operation. Further, a person may operate a commercial activity associated with the activity only so long as such person does not have any exclusive use of any part of the preempted area.

8. A waiver from payment of annual lease fees shall be granted for a private residential multi-family dock or pier constructed in lieu of multiple private residential single-family docks or piers in accordance with paragraph 18-21.004(4)(c), F.A.C.

9. A lessee of sovereignty submerged lands for a private residential single-family dock designed to moor up to four boats is not required to pay lease fees for a preempted area equal to or less than 10 times the riparian shoreline along sovereignty submerged land on the affected waterbody or the square footage authorized for a private residential single-family dock under rules adopted by the Board for the management of sovereignty submerged lands, whichever is greater.

10. A lessee of sovereignty submerged lands for a private residential multi-family dock designed to moor boats up to the number of units within the multi-family development is not required to pay lease fees for a preempted area equal to or less than 10 times the riparian shoreline along sovereignty submerged land on the affected waterbody times the number of units with docks in the private multi-family development.

11. If a facility occupies sovereignty, submerged lands, portions of which are exempted from payment by virtue of grandfathered status and portions of which are leased, and grandfathered status is lost, the lease fee and rate schedule for the entire preempted area shall be the annual lease fee determined in subparagraph (1)(a)1. at the time the exemption is lost.

12. There shall be an assessment for the prior unauthorized use of sovereignty land for after-the-fact lease applications. The minimum assessment for such applications shall include:

a. Payment of retroactive lease fees; and,

b. Payment of an additional annual percentage on the retroactive lease fees computed at a rate equal to two percentage points above the Federal Reserve Bank discount rate to member banks. Such rate shall be adjusted annually, on October 1 of each year.

13. There shall be a late payment assessment for lease fees or other charges due under this rule which are not paid within 30 days after the due date. This assessment shall be computed at the rate of 12 percent per annum, calculated on a daily basis for every day the payment is late.

14. If requested by the applicant, the Board shall determine, based on the following factors, whether a reduction of the assessment and an extension of the time period for payment of the assessment under the provisions set forth in subparagraph 10. above, shall be granted:

a. The applicant’s prior compliance with the provisions of Chapters 253 and 258, F.S., or any rules adopted thereunder;

b. Any failure of the applicant to comply with an order of the Board;

c. Whether any failure to comply under paragraph (a) or (b) above was willful;

d. The need to deter future violations by removing any economic benefits to the applicant from failure to comply with the law;

e. Aggravating and mitigating circumstances specific to the lease application, including the nature and extent of the violation, and the applicant’s degree of cooperation in correcting the violation;

f. Whether payment of the amount of the assessment or payment by the time due would create a substantial hardship that affects the applicant significantly different than other similarly situated applicants; and,

g. The inability of the applicant to pay the fees assessed.

15. Clean Marina Program Participation.

a. There shall be a discount of 10 percent on the annual lease fee for facilities designated by the Department as a Clean Marina, Clean Boatyard or Clean Marine Retailer in the Clean Marina Program and actively maintaining their designation in the program, provided: that the facilities remain in good standing with all terms of their lease and with the Clean Marina Program; and the facilities do not change their use during the term of the lease. If a facility is in arrears on its lease fees, it shall not be eligible for this discount for the next annual billing period. Failure to comply with the conditions of the Clean Marina Program shall result in the loss of this discount for the next billing period.

b. The extended term lease surcharge shall be waived for facilities designated by the Department as a Clean Marina, Clean Boatyard or Clean Marine Retailer in the Clean Marina Program and actively maintaining their designation in the program, provided: that the facilities are available to the public on a “first come, first served” basis; that the facilities remain in good standing with all terms of their lease and with the Clean Marina Program; and the facilities do not change their use during the term of the lease. Failure to comply with these conditions shall result in the loss of the waiver of surcharge for the next billing period.

(c) One-time premium.

1. Private residential multi-family docks that include ten or more wetslips shall be assessed a one-time premium surcharge payment. This surcharge shall be computed by multiplying the standard annual lease fee or base fee required in Rule 18-21.011, F.A.C., by a value of three.

2. Paragraph 18-21.011(1)(c), F.A.C., shall apply to existing leases with the one-time premium lease condition and to new leases approved by the Board after September 6, 1987, unless one or more of the subparagraph 18-21.011(1)(c)3., F.A.C., conditions are complied with.

3. Paragraph 18-21.011(1)(c), F.A.C., shall not apply to:

a. Grandfathered structures;

b. Previously licensed facilities required to come under leases;

c. The renewal of leases;

d. Previously leased facilities without a one-time premium lease condition;

e. Those portions of structures that are grandfathered;

f. Facilities that are at least 50 percent open to the public on a first come, first served basis;

g. Docking facilities built before September 6, 1987, in which the developers of the facility no longer have any interest in the facility and where the facility has been assigned to a homeowners association or other association made up exclusively of the residents of the development; or

h. To new lease applicants that are homeowners associations or other associations, made up exclusively of the residents of the development.

(d) Class III and IV Special Event Authorizations.

1. A Class III single event lease and a Class IV special events lease shall be assessed a special event fee. The special event fee shall be the base fee in subparagraph 18-21.011(1)(b)1., F.A.C., prorated for a period not to exceed 45 days and based solely on the period per event and actual size of the preemption.

2. Class III and IV Special Event leases are also subject to the 25 percent first annual fee surcharge, aquatic preserve surcharge, the annual fee adjustment based on the average change as provided in subparagraph 18-21.011(1)(b)1., F.A.C., and other payments required by paragraph 18-21.011(1)(b), F.A.C. Special events are not eligible for the 30% discount provided by subparagraph 18-21.011(1)(b)2., F.A.C.

3. A waiver of payment of lease fees for special events shall be available in accordance with subparagraph 18-21.011(1)(b)7., F.A.C.

(2) Private Easements.

(a) The fee for granting, modifying, or renewing a private easement containing 3,000 square feet or less, for a riparian parcel, or for two adjacent riparian parcels sharing a common easement, shall be calculated as 1/2 the minimum annual lease fee determined under paragraph 18-21.011(1)(b), F.A.C., multiplied by the term of the easement.

(b) The fee for granting, modifying, or renewing all other private easements, except for telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., shall be assessed and based upon an appraisal, a comparable sales analysis, or a broker’s opinion of value. Notwithstanding, private easements shall be assessed and based upon an appraisal if the Division, using best professional judgment, finds the easement has an estimated value greater than $10,000 or if the Division, using best professional judgment, is unable to determine an initial estimated value. In addition to standard appraisal services requirements and procedures, the following factors shall be considered in determining the easement fee:

1. The extent to which the easement is exclusionary; i.e., the degree to which the proposed easement precludes, in whole or in part, traditional or future public uses of the easement area or other submerged land; and

2. The enhanced property value or profit gained by the applicant if the proposed easement is approved. Enhancement will not be considered in the appraisal services for easement renewals that do not modify the size or use of the expired easement.

(c) For the purposes of this rule, broker’s opinion of value and comparable sales analysis are valuation techniques, which are not appraisals, that are performed under Chapter 475, Part 1, F.S., comparing available market data such as sales, listings, and contracts to the property being analyzed.

(d) The fee for pre-cut sunken timber easements is $5,500 per year.

(e) No fee shall be assessed for treasure salvage or cultural resource recovery easements.

(f) The fee for private easements for telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., shall be a one-time easement value and enhanced value fee of $5.5913 for installations outside of special consideration areas or a one-time easement value fee of $0.0663 for installations inside such areas, effective March 1, 2007. The applicable fee shall be assessed per linear foot of telecommunication line or conduit as measured along sovereignty submerged lands from the State’s territorial limits within the territorial sea to first landfall on the mainland for easements up to 10 feet wide, and shall be increased proportionally for easements of greater widths. This fee shall also be applicable to easement modifications to the extent that such modifications increase the easement area and to easement renewals. The fee shall be revised annually on March 1 and increased or decreased based on the average change, as provided in subparagraph 18-21.011(1)(b)1., F.A.C., calculated as provided in subparagraph 18-21.011(1)(b)1., F.A.C., with a 10 percent cap on any annual increase. This fee shall not be applicable to applications to transfer or assign an easement.

(3) Severed Dredge Materials.

(a) When an activity involves the removal of sovereignty materials to upland property by dredging or any other means, payment per cubic yard of material shall be as follows, except as provided in Section 253.03, F.S.

1. Monroe County

$3.25

2. Bay, Brevard, Broward, Charlotte, Collier, Dade, Duval, Escambia, Lee, Manatee, Palm Beach, Pasco, Pinellas and Sarasota counties

$2.25

3. All other counties

$1.25

4. Minimum payment

$50.00

(b) These payments shall not be used for dead shell and mining leases which will be subject to individual royalty or other compensation payments.

(c) A waiver of the severed dredge material payment shall be approved when:

1. The materials are being placed on public property and used for public purposes;

2. It is affirmatively demonstrated that the severed dredge material has no economic value, as demonstrated by a requirement to dispose the material in a landfill or when 75% of the material passes through a #200 sieve;

3. A governmental entity conducts a project with the sole objective of environmental restoration or enhancement and the Board determines that waiving the severance fee is in the public interest, as defined in Rule 18-21.003, F.A.C.

4. Where sale of the material or contractor use of the material is solely for a publicly-funded environmental restoration project.

(4) Use Agreements for Geophysical Testing.

(a) For geophysical testing on private or Federal uplands involving any incidental crossing of sovereignty submerged lands, a $40 per mile fee shall be required. If geophysical testing lines are located on State-owned uplands and a geophysical testing fee has been assessed, no mileage fee shall be assessed for incidental crossings of sovereignty submerged lands. However, if testing lines are located on both private and State-owned uplands, a mileage fee shall be assessed on that portion of the survey not on State-owned uplands. The mileage fee shall be paid to the Division within 180 days of receipt by the applicant of the executed use agreement, receipt to be verified by certified mail. In any case, payment shall be received by the Division prior to commencement of operations.

(b) For geophysical testing occurring in the water column above sovereignty submerged lands in bays, estuaries, and offshore Florida Territorial Waters, the following fees shall be required:

1. Two hundred dollars ($200) per mile for testing conducted from the mean high water line seaward to 35-foot water depth contour;

2. Fifty dollars ($50) per mile for activities conducted in State waters of 35-foot depth and greater.

(c) All fees shall be paid to the Division within 180 days of receipt by the applicant of the executed use agreement, receipt to be verified by certified mail. In any case payment shall be received by the Division prior to commencement of operations.

History

• Rulemaking Authority 253.03(7), (11) FS. Law Implemented 253.03, 253.71 FS. History–New 3-27-82, Amended 5-18-82, 8-1-83, 9-5-84, 10-20-85, Formerly 16Q-21.11, 16Q-21.011, Amended 1-25-87, 9-6-87, 3-15-90, 10-11-98, 10-15-98, 10-29-03, 3-8-04, 1-1-06, 4-14-08, 9-1-09, 3-21-19.

Fla. Admin. Code R. 18-21.012 Spoil Islands

(1) No spoil islands shall be developed except upon a clear showing that the development is in the public interest and hardship would result if the development was not authorized.

(2) Proposals for public development of spoil islands may be authorized after comments have been solicited and received from the appropriate public agencies determining that the public interest would be served by the development.

(3) Unauthorized structures that have been constructed on spoil islands shall be removed. The procedure for removal shall be as follows:

(a) The individual claiming a possessory interest in any structure shall be served notice by certified mail that he is trespassing and that he must remove the structure within 120 days of receipt of the notice.

(b) If the individual fails or refuses to remove the structure within 120 days of receipt of the notice, the board shall have the structure removed at the individual’s expense.

(c) If the individual cannot be located, notice of trespass and intent to remove the structure shall be posted on the structure for 120 days prior to removal.

(4) Continuing human habitation of any spoil islands is prohibited.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.115 FS. History–New 9-26-77, Formerly 16C-12.05, 16Q-17.05, Amended 3-27-82, Formerly 16Q-21.12, 16Q-21.012.

Fla. Admin. Code R. 18-21.013 Applications to Purchase Filled Lands Adjacent to Riparian Uplands

(1) Applications to purchase state-owned submerged lands that have been filled and which are adjacent to riparian uplands may be made by the riparian owners only. The Division shall reject applications that do not comply with this rule. If an application satisfies all the criteria of this rule, the Division shall send the application to the Board for final determination regarding the sale of the filled lands. The following shall be included in each application:

(a) Name and address of the applicant;

(b) Two prints of a survey prepared, signed, and sealed by a person properly licensed by the State of Florida Board of Land Surveyors or an agent of the federal government approved by the department clearly showing:

1. The boundaries of the parcel sought,

2. Land tie referenced, by ground survey, to an established accessible section corner, subsection corner, other U.S. Government Land Office survey corner, or other controlling corner(s),

3. Boundary lines of the applicant’s adjacent uplands,

4. U.S. Government Land Office meander line.

(c) Five maps, no larger than 8 1/2" x 14" in size, showing the location of the parcel sought for purchase. These maps need not be certified;

(d) Legal description and acreage of the filled parcel;

(e) Aerial photograph showing the date of flight, if available, with the parcel sought identified thereon;

(f) One copy of the recorded subdivision plat with any dedication data, if the applicant’s uplands are part of the subdivision;

(g) Satisfactory evidence of title in the applicant to the riparian uplands;

(h) Statement of the applicant’s proposed use of the parcel sought;

(i) Statement evidencing that the sale of the parcel is in the public interest;

(j) Names and addresses, as shown on the latest county tax assessment roll, of all owners of land lying within 1,000 feet of the parcel sought, certified by the county appraiser; and,

(k) A non-refundable processing fee of $200 shall accompany each application, except for applications from state agencies.

(2) If the parcel sought is located in Pinellas or Sarasota County, the applicant shall simultaneously file an application with the respective water and navigation control authority having jurisdiction over the parcel.

(3) When state-owned submerged lands have been filled without authority after June 10, 1957 (state-owned submerged lands filled prior to June 11, 1957, are addressed in Rule 18-21.019, F.A.C.), except for lands filled before July 1, 1975, that satisfy all of the requirements of Section 253.12(9), F.S., the Board will consider the following options and choose the one that is most in the public interest.

(a) Direct the fill be removed by or at the expense of the applicant;

(b) Direct the fill remain as state-owned, have it surveyed at the expense of the applicant and come under lease; or

(c) Sell the filled lands. The following sale prices shall be recommended by the Department to the Board:

1. The present value of the lands determined by an approved appraisal excluding building improvements if the unauthorized filling was done by the applicant’s predecessor in title after June 10, 1957.

2. Three times the present value of the lands determined by an approved appraisal excluding building improvements if the unauthorized filling was done by the applicant after June 10, 1957.

(4) Full payment for the deed shall be made within 90 days after notification of confirmation of the sale by the board or the sale shall be invalid.

History

• Rulemaking Authority 253.03, 253.12, 379.2341 FS. Law Implemented 253.115, 253.12 FS. History–New 9-26-77, Formerly 16C-12.04, 16Q-17.04, Amended 3-27-82, Formerly 16Q-21.13, 16Q-21.013, Amended 4-14-08, 3-21-19.

Fla. Admin. Code R. 18-21.014 Disclaimers to Confirm Title to Filled Formerly Severeignty Lands

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.12, 253.129 FS. History–New 9-26-77, Formerly 16C-12.06, 16Q-21.06, Amended 3-27-82, Formerly 16Q-21.006, Repealed 4-17-96.

Fla. Admin. Code R. 18-21.015 Quit claims to Clear Title to Filled Formerly Severeignty Lands

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.12 FS. History–New 9-26-77, Formerly 16C-12.07, 16Q-21.07, Amended 3-27-82, Formerly 16Q-21.15, 16Q-21.015, , Repealed 4-17-96.

Fla. Admin. Code R. 18-21.016 Applications to Reclaim Lands Lost Due to Avulsion or Artificial Erosion

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.12 FS. History–New 3-27-82, Formerly 16Q-21.16, 16Q-21.016, Repealed 3-20-94.

Fla. Admin. Code R. 18-21.017 Applications for Disclaimer for Lands Lost Due to Avulsion

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.43 FS. History–New 3-20-94, Repealed 4-17-96.

Fla. Admin. Code R. 18-21.018 Applications to Reclaim Lands Lost Due to Artificial Erosion or Artificial Erosion and Avulsion

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.43 FS. History–New 3-20-94, Repealed 4-17-96.

Fla. Admin. Code R. 18-21.019 Applications, Standards, Criteria, Fees, and Forms for Disclaimers, Quitclaim Deeds or Certificates to Clear Title to Formerly Submerged Sovereignty Lands, Filled-In, Bulkheaded, or Permanently Improved in Accordance with Chatper 253, F.S

Applications for Disclaimers, Quitclaim Deeds or Certificates to Clear Title to Filled Formerly Sovereignty Lands and for Disclaimers for Lands Lost Due to Avulsion or to Reclaim Lands Lost Due to Artificial Erosion or Artificial Erosion and Avulsion.

(1) Disclaimers to Confirm Title of Formerly Sovereignty Lands Filled Prior to May 29, 1951:

(a) Pursuant to the provisions of Section 253.129, F.S., applicants for disclaimers to confirm title of formerly sovereignty lands filled prior to May 29, 1951 (prior to June 11, 1957, in Dade and Palm Beach Counties), or subsequent to these dates under authority of a U.S. Army Corps of Engineers permit issued prior to these dates, may apply to the Board of Trustees of the Internal Improvement Trust Fund.

(b) Applications for a disclaimer must be made on DEP Form #63-031(16), effective date August 22, 1996, titled “Application for Disclaimers to Confirm Title of Formerly Sovereignty Lands” which is hereby incorporated by reference. Applications can be obtained from the address as stated in subsection 18-21.019(6), F.A.C.

(2) Quitclaim Deeds to Clear Title of Formerly Sovereignty Lands Filled after May 29, 1951, but prior to June 11, 1957:

(a) Pursuant to the provisions of Section 253.12(6), F.S., applicants for quitclaim deeds to clear title of formerly sovereignty lands filled after May 29, 1951, but prior to June 11, 1957 (except in Dade and Palm Beach Counties), or subsequent to these dates under authority of a U.S. Army Corps of Engineers permit issued prior to these dates, may apply to the Board of Trustees of the Internal Improvement Trust Fund.

(b) Applications for quitclaim deeds must be made on DEP Form #63-032(16), effective date August 22, 1996, titled “Application for Quitclaim Deed to Clear Title of Formerly Sovereignty Lands” which is hereby incorporated by reference. Applications can be obtained from the address stated in subsection 18-21.019(6), F.A.C.

(3) Certificate Documenting Waterward Boundary Line as of July 1, 1975, of Filled Tidelands:

(a) Pursuant to the provisions of Sections 253.12(9) and (10), F.S., applications for a certificate describing the waterward boundary of that parcel as of July 1, 1975, may be requested from the Board of Trustees of the Internal Improvement Trust Fund by the owner of a parcel of land that borders on a tidally influenced, natural waterbody.

(b) Applications for a certificate must be made on DEP Form #63-030(16), effective date August 22, 1996, titled “Application for Recordable Document for Lands Filled Prior to July 1, 1975” which is hereby incorporated by reference. Applications can be obtained from the address stated in subsection 18-21.019(6), F.A.C.

(4) Applications can be obtained from the following address:

Department of Environmental Protection

Division of State Lands

Bureau of Survey and Mapping

Title and Land Records Section

Mail Station #108

3900 Commonwealth Boulevard

Tallahassee, Florida 32399-3000

(5) A non-refundable processing fee of $500.00 shall be required for each application submitted.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.43, 253.129 FS. History–New 11-1-95, Amended 4-17-96, 4-13-98, 3-21-19.

Fla. Admin. Code R. 18-21.020 Aquacultural Activities

(1) Intent – It is in the state’s economic, resource enhancement, and food production interest to promote aquacultural production of food and non-food aquatic species by facilitating the review and approval processes for authorizing the use of sovereignty submerged lands and water columns for aquacultural purposes. Aquaculture development should be fostered when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection, the state aquaculture plan, and the public interest, as expressed in Section 258.42, F.S.

(2) Forms of authorization – For the purpose of Rules 18-21.020, 18-21.021 and 18-21.022, F.A.C., conducting aquacultural activities on sovereignty submerged lands and in the water column shall be authorized by an aquaculture lease, an aquaculture letter of consent, or an aquaculture management agreement.

(a) An aquaculture lease is required for all revenue-generating aquacultural activities conducted on or over sovereignty submerged lands, except those aquacultural activities associated with an aquaculture facility that qualifies for an aquaculture letter of consent pursuant to subsection 18-21.020(5), F.A.C., or an aquaculture management agreement pursuant to subsection 18-21.020(6), F.A.C.

(b) A letter of consent shall be issued for aquaculture activities that meet the requirements of subsection 18-21.020(5), and Chapter 5L-3, F.A.C.

(c) An aquaculture management agreement shall be issued for public and private entities to conduct certain aquacultural activities for educational, scientific, demonstration, Aquaculture Restoration, and experimental purposes when such activities meet the requirements of subsection 18-21.020(6), F.A.C., and education or Aquaculture Restoration is the primary objective.

(3) Aquaculture general standards and criteria – The following standards and criteria shall be used in determining whether to authorize, authorize with conditions or modifications, or deny all requests to conduct aquacultural activities on sovereignty submerged lands.

(a) Aquacultural activities on sovereignty submerged lands or water columns shall be authorized only when the proposed activity has been determined to be a water dependent aquaculture activity and upon such conditions that protect the public interest.

(b) DACS shall consider location of the site, water body, water depth, navigation and safety hazards, channels, distance from shore, presence of fish and wildlife habitat, presence of submerged resources, threatened and endangered species, presence of threatened and endangered species habitat, user conflicts, and resource management when reviewing a request for an aquaculture lease, an aquaculture letter of consent, or an aquaculture management agreement.

(c) Aquacultural activities shall not prevent ingress and egress of vessels in marked or unmarked channels.

(d) All aquaculture leases, aquaculture letters of consent, or aquaculture management agreements for aquacultural activities on sovereignty submerged lands shall contain such terms, conditions and restrictions as deemed necessary by the Board to protect and manage sovereignty lands.

(e) The management policies provided in paragraphs 18-21.004(1)(e), (g), (h) and (k), F.A.C., shall be applied when considering whether to authorize aquacultural activities on sovereignty submerged lands. However, paragraph 18-21.004(1)(k), F.A.C., shall not apply to applications for aquaculture activities which request the exclusive use of the water bottom for cultivation adjacent to unbridged, undeveloped coastal islands.

(f) The management policies provided in paragraphs 18-21.004(2)(e), (f), (g) and (h), F.A.C., involving filling, shoreline stabilization, or severance of material shall be applied when considering whether to authorize aquacultural activities on sovereignty submerged lands.

(g) Aquacultural activities on sovereignty submerged lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, including: sea grasses, endangered and threatened species, wetland vegetation, and water quality.

(h) Authorizations under this rule shall prohibit the cultivation of non-indigenous, or hybrids of non-indigenous, plants and animals.

(i) Riparian rights shall be protected pursuant to subsection 18-21.004(3), F.A.C.

(j) Authorization of aquacultural activities on sovereignty submerged lands, including aquatic preserves, shall be consistent with Chapters 18-18 and 18-20, F.A.C., and Section 258.42, F.S., when applicable.

(k) Upon issuance of an aquaculture lease or an aquaculture management agreement, DACS shall send a copy of the document and accompanying survey to the Title and Land Records Section, Division of State Lands in the Department of Environmental Protection for filing in the permanent title records of the Board.

(l) No authorization, other than a management agreement, shall be issued for a parcel within a state park boundary.

(m) Aquacultural activities that are conducted in accordance with best management practices adopted under Chapter 5L-3, F.A.C., are exempt from the provisions of Rule 18-21.00401, F.A.C. Activities for which best management practices have not been adopted pursuant to Chapter 5L-3, F.A.C., and require a permit under Part IV of Chapter 373, F.S. shall be subject to concurrent review in accordance with Rule 18-21.00401, F.A.C., and provided that DACS and the Department of Environmental Protection shall issue a joint recommended consolidated intent. Application for an aquaculture authorization will be submitted to DACS and the joint application for an environmental resource permit shall be submitted to the Department of Environmental Protection as required.

(n) Applications for aquaculture docks in the Florida Keys shall comply with the provisions in Rule 18-21.0041, F.A.C.

(o) Applications for aquaculture docks shall include a description of proposed aquacultural activities and activity-specific structures to be placed on the dock. Structures must be directly related to specific aquaculture activities and shall be limited to roofs and shade cloth to protect culture systems from sunlight and other adverse climatic conditions and depredation; chain link and similar fences to prevent depredation, prevent public access, and provide security and safety; raceways and culture systems that contain animals during hatchery and nursery operations. Solid enclosures of any kind are prohibited.

(4) Specific standards and criteria for aquaculture leases. Leased areas shall comply with the following:

(a) An aquaculture lease is only to be used to conduct aquacultural activities on sovereignty submerged lands and the overlying water column, or for activities associated with an on-shore aquaculture facility. Allowable aquaculture activities on an on-shore aquaculture facility or aquaculture dock include hatchery and nursery cultivation systems, intake and discharge pipes, pumps, loading and off-loading aquaculture products, and the mooring of vessels used by aquaculture producers in planting, growing, harvesting, and transporting aquacultural products.

(b) Aquaculture lease applications shall require coordinated review pursuant to Rule 18-21.021, F.A.C., to ensure that the proposed sites are suitable for aquacultural activities.

(c) When the leased area is within an aquatic preserve, research reserve, marine sanctuary, or state park, the activity shall be compatible with the managed area’s management plan, or prevailing management policies when a management plan has not been developed, and consistent with Sections 258.42 and 373.406, F.S., as determined by the coordinated review required in paragraph 18-21.021(1)(f), F.A.C.

(d) DACS shall recommend that the Board create an aquaculture use zone when it receives ten or more individual lease applications in the same water body within a six month period to encourage regional aquacultural and economic development, facilitate resource management, reduce potential adverse environmental impacts, and reduce user conflicts.

(e) Riparian rights shall not be infringed upon. An aquaculture lease area for a nonriparian applicant shall not be approved when the distance is less than or equal to 100 feet waterward of mean or ordinary high water or less than or equal to 100 feet waterward of existing structures and permitted activities on sovereignty lands, unless the applicant obtains a letter of concurrence from the upland riparian owner. The Board shall establish greater setbacks to protect riparian rights when upland uses, ingress and egress, or activities on or over sovereignty submerged lands would be limited by the proposed aquaculture activity.

(f) Aquaculture leases shall contain provisions to ensure that the lease area is marked and that markers are maintained for the term of the lease. Such marking shall be adequate to inform the public of the activity and assist the leaseholder in identifying potential navigation and safety hazards.

(g) The leased area in aquaculture leases shall comply with the following:

1. A setback of 25 feet from the riparian lines of adjacent properties shall be required unless a letter of concurrence from the adjacent property owners waives the setback requirement.

2. Setbacks from other activities, channels or structures shall also be required, as needed, to ensure safety, facilitate enforcement abilities and ensure resource management.

3. The leased area shall not be approved for a parcel larger than ten acres for oysters or five acres for clams, unless the lease is a voluntary conversion of a shellfish lease issued under Section 597.010, F.S. The Board shall approve a larger lease size if it determines, based on the applicant’s business plan and ability to develop a larger parcel, that additional area can be supported by the applicant.

(h) An aquaculture lease, an aquaculture management agreement, or a shellfish lease is required for the relay of shellfish from polluted waters for purification, unless a site is specifically designated by DACS for such purposes. Relaying activities on leased areas shall be conducted pursuant to Section 597.010(18), F.S.

(i) An aquaculture lease for culturing shellfish shall not be granted in areas where, at the time of inspection, DACS determines that the lease would preempt public access to harvestable resources of shellfish; harvestable resources shall be established as:

1. More than five legal-size clams per square meter over more than fifty percent of the proposed lease area; or

2. A natural oyster reef covering more than 100 square feet within the proposed lease area.

(j) The Board shall impose additional standards and criteria for aquaculture leases when necessary to enhance resource management, as provided in subsection 18-21.004(2), F.A.C., and to protect riparian rights and public safety.

(k) Aquaculture leases for docks shall be placed on sovereignty submerged lands designated as Resource Protection Area 3 when such areas are available and will not result in substantial reductions in proposed operations. Construction of docks and associated aquacultural operations on sovereignty submerged lands designated as Resource Protection Area 2 shall be authorized according to special conditions which minimize adverse environmental impacts. Construction of docks and associated aquacultural operations on sovereignty submerged lands designated as Resource Protection Area 1 shall be avoided, except under special circumstances as stated in this chapter. Docks shall not terminate in a Resource Protection Area 1 or 2, however main access docks will be allowed to pass through Resource Protection Areas 1 and 2 to reach an acceptable Resource Protection Area 3 when reasonable assurances are provided that such crossing will not generate significant adverse environmental impacts. Resource Protection Areas are defined in Rule 18-20.003, F.A.C. Special lease conditions shall be approved by the Board before a dock is authorized on an aquaculture lease located in a Resource Protection Area 1 or 2; the Board shall consider special circumstances such as: lack of practicable alternatives, compatibility with the aquatic preserve management plans, and compliance with special lease conditions.

(5) Specific standards and criteria for an aquaculture letter of consent.

(a) Use of sovereignty submerged lands for aquacultural activities associated with on-shore aquaculture facilities that are not included in an aquaculture lease, aquaculture dock lease, or state lands lease, and which are used by aquaculture producers in planting, growing, harvesting, and transporting aquacultural products, on or over sovereignty submerged lands, shall be authorized by a letter of consent. Such activities include hatchery and nursery cultivation, intake and discharge pipes and pumps, areas in which loading and off-loading of aquacultural products occur, and mooring of not more than four vessels. To qualify for a letter of consent, such facilities must conform to the following criteria:

1. Be constructed and operated, as appropriate, in compliance with Chapters 18-18, 18-20, 18-21 and 5L-3, F.A.C., and the applicable permits issued by the Department of Environmental Protection under Chapter 373, F.S.; and the applicant has obtained and maintains a valid aquaculture certification pursuant to Chapter 597, F.S.

2. Occupy no more than 2,000 square feet of sovereignty submerged lands.

3. Be constructed so as to result in minimal adverse impacts on fish and wildlife habitat.

4. Follow the setback required in this section to protect riparian rights, unless the applicant obtains a letter of concurrence from the neighboring upland property owner.

(b) No more than one letter of consent shall be authorized for a single individual, company or corporation for contiguous parcels, structures, or activities, if such action is determined to circumvent the requirements in this section.

(c) Any use of sovereignty submerged lands for aquacultural activities that do not conform to these criteria shall obtain an aquaculture lease, a standard sovereignty submerged lands lease, or an easement, as appropriate under this chapter.

(d) If an area subject to a consent of use is within an aquatic preserve, research reserve, marine sanctuary, or state park, the activity shall be compatible with the managed area’s management plan, or prevailing management policies when a management plan has not been developed, and consistent with Sections 258.42 and 373.406, F.S.

(e) The Board shall approve changes to the specific standards and criteria for a letter of consent only if the Board determines that such changes are necessary to enhance resource management, as provided in subsection 18-21.004(2), F.A.C., and protect riparian rights and public safety.

(6) Specific standards and criteria for an aquaculture management agreement – The use of sovereignty submerged lands authorized by an aquaculture management agreement shall comply with the following:

(a) Be for educational, scientific, demonstration, experimental, and restoration activities related to aquaculture when commercial production is not the primary purpose.

(b) Be limited to state agencies, local governments, educational institutions, research institutions, or Restoration Organizations when the proposed aquacultural activity or use of sovereignty submerged lands is consistent with the public purposes of the applicant organization. Public-private partnerships for demonstration and pilot scale aquaculture programs that provide general public benefit are also eligible to obtain aquaculture management agreements.

(c) If within an aquatic preserve, research reserve, marine sanctuary, or state park, the activity shall be compatible with the managed area’s management plan, or with applicable management policies when a management plan has not been developed, and consistent with Sections 258.42 and 373.406, F.S. Applications for aquaculture management agreements in managed areas shall be reviewed by the Department of Environmental Protection, as determined by the coordinated review required in paragraph 18-21.021(1)(f), F.A.C.

(d) Riparian rights shall not be infringed upon.

(e) The area subject to an aquaculture management agreement shall be marked, and the markers maintained for the term of the agreement. Such marking shall be adequate to inform the public of the activity and alert the public of potential navigation or safety hazards. Aquaculture management agreements for restoration activities that are limited to the submerged bottom lands and the six inches above are exempt from the marking requirements of this paragraph.

(f) Establish setbacks from other activities or structures as required to ensure safety, facilitate enforcement abilities and ensure resource management.

(g) Ensure that the cultivation of indigenous, or hybrids of indigenous, plants or animals is consistent with Chapter 597, F.S. Relaying activities shall be conducted pursuant to Section 597.010(18), F.S.

(h) Aquaculture management agreements must be approved by the Board and shall be approved when the application conforms to the standards and criteria provided in subsection 18-21.020(3) and paragraphs 18-21.020(6)(a)-(g), F.A.C.

(7) Leaseholders possessing oyster and clam leases granted under provisions of former chapter 370, F.S., prior to 1985, shall convert to an aquaculture lease if they wish to include the water column in the leased area. Lease conversions shall be subject to the applicable provisions of Rules 18-21.020, 18-21.021 and 18-21.022, F.A.C., when the requested modification requires changing the proposed use or expanding the lateral extent of the existing lease area.

(8) When the water quality designation, including the shellfish harvesting area designation, that is necessary for the particular activity is lost due to degradation of water quality, and water quality degradation is not due to the aquacultural activity, the leaseholder shall have the option of:

(a) Cancelling the lease;

(b) Conducting an aquaculture activity that is consistent with the change in water quality with prior written approval of the Board; or

(c) Retaining the lease.

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.002, 253.67-.75, 253.77 FS. History–New 9-1-09, Amended 3-21-19, 6-10-21.

Fla. Admin. Code R. 18-21.021 Applications for Aquacultural Activities

(1) Aquaculture lease application and review process.

(a) An aquaculture lease to conduct aquacultural activities on sovereignty submerged lands or the overlying water column shall meet the criteria for an aquaculture lease in Rule 18-21.020, F.A.C.

(b) The Application for a State Owned Sovereignty Submerged Land Aquaculture Lease (FDACS 15102, Rev. 09/20) is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-13090, or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(c) Applications for aquaculture leases shall include the following:

1. Name, address and phone number of the applicant.

2. Description of the aquaculture activities to be conducted, including whether such activities are to be experimental or commercial.

3. A statement describing the applicant’s capabilities to conduct the proposed activities.

4. Location of the proposed activity including: county; section, township and range; water body; and a vicinity map.

5. Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.

6. Names and addresses, as shown on the latest county tax assessment roll, of each owner of property lying within 500 feet of the parcel sought, prepared from current records of the county property appraiser.

7. A statement describing the potential impacts of the proposed use on the ecology of the area, including sea grasses, fish habitat, threatened and endangered species, and other natural resources present on the parcel sought.

8. A statement explaining why the lease is not contrary to the public interest, or within aquatic preserves, why the lease is in the public interest.

9. An application fee as specified in Rule 18-21.022, F.A.C.

10. Proof of publication and notification required pursuant to Section 253.70, F.S.

(d) In addition to these requirements, applications for docks or other aquaculture-related structures connected to upland which require use of the water column shall include the following, as applicable:

1. Satisfactory evidence of sufficient upland interest in the riparian upland property to the extent required by paragraph 18-21.004(3)(b), F.A.C.

2. A detailed statement describing the proposed activities, including the project design and description of all operations.

3. A detailed and dimensioned site plan drawing showing:

a. The approximate mean or ordinary high water line;

b. The location of wetland, shoreline and aquatic vegetation and other submerged resources, if existing;

c. The location of any manatee protection zones;

d. The location of the proposed structures and any existing structures;

e. The location of intake and discharge pipelines, pumps, culture units, and tanks;

f. The applicant’s upland parcel property lines and zoning restrictions;

g. The names and addresses, as shown on the latest county tax assessment roll in mailing label form, of each owner of property lying within 500 feet of the parcel sought, prepared from current records of the county property appraiser; and

h. The location of the nearest natural or artificial navigation channel.

(e) When DACS identifies tracts of sovereignty submerged lands or water columns designated as aquaculture use zones involving multiple lease parcels for aquacultural development, and there is no established priority for selecting qualified applicants, then DACS shall make recommendations to the Board and request consideration concerning the method to be used to select qualified applicants and to determine the amount of lease fees, in accordance with this section.

(f) In the event that the lessee wishes to conduct activities on the aquaculture dock or other structures that are not directly related to the aquacultural activities identified in the lease agreement, the lessee shall request authorization from the Board of Trustees through the Department of Environmental Protection pursuant to Rules 18-21.004, 18-21.005 and 18-21.008, F.A.C. Such authorizations shall require the structures to be modified or removed if necessary to comply with the requirements of those rule sections. If the activities are determined to be commercial and unrelated to aquaculture, the lessee shall seek authorization pursuant to paragraph 18-21.005(1)(d), F.A.C., for a commercial dock lease.

(g) In the event that an environmental resource permit or a wetland resource permit under Part IV of Chapter 373, F.S., is required, DACS will require a copy of the permit or notice of intent to issue an environmental resource permit from the Department of Environmental Protection, in accordance with Rule 18-21.00401, F.A.C.

(h) Applicants must obtain applicable federal permits for aquaculture activities in areas that are subject to federal jurisdiction.

(i) Legal description and acreage of the parcel shall be submitted subsequent to final approval of the application but prior to issuance of the lease.

(j) Two prints of a survey, which shall constitute the field survey, shall be submitted subsequent to final approval of the application but prior to issuance of the lease of the parcel sought; prepared, signed, and sealed by a person properly licensed by the Florida Board of Professional Surveyors and Mappers when required by Chapter 472, F.S., or an agent of the federal government authorized to do such surveys under federal law. Preliminary site approval can be based upon marking off the general configuration of the parcel sought, including the acreage of the parcel, latitude and longitude coordinates for the corners of the parcel identified using a Global Position System on a topographic map or a navigation chart.

(k) DACS shall coordinate the application review process for applications to lease sovereignty submerged lands for aquaculture, including those for use of the water column, in order to determine that proposed sites are suitable for aquaculture activities.

(l) The review procedures to be followed for new applications include:

1. Review by DACS to determine:

a. That the proposed aquaculture activity is water dependent;

b. That the proposed project and operation is directly related to aquaculture;

c. The desirability of the proposed aquaculture from a resource management perspective;

d. The presence of substantial harvestable wild clams or oysters on the proposed area;

e. That the size of area requested for lease is appropriate to the use;

f. The suitability of the site for leasing;

g. The effect on public health, safety, welfare, or property of others; that the proposed construction or operations do not constitute a hazard to navigation or interfere with a riparian property owner’s access to navigable water;

h. That the proposed project will not adversely affect historical or archaeological resources;

i. The need for special lease conditions that will ensure compliance with Chapters 253 and 258, F.S., and,

j. The ability of the applicant to perform the work.

2. Review by the Department of Environmental Protection to assess the effect of the proposed aquacultural activity on water quality and submerged resources and to comment on the consistency of the application with management goals and objectives for managed areas, including state parks, aquatic preserves, marine sanctuaries, or research reserves, as expressed in the management plan applicable to the managed area, or prevailing management practice. The review process for aquaculture leases located in aquatic preserves which include docks and aquaculture-related structures in the water column shall also include the following:

a. An assessment of design and operational specifications that will be established to avoid or minimize adverse environmental impacts to marine habitat, threatened and endangered species habitat, adjacent wetlands, and water quality, including, but not limited to, designs and operations that minimize shading by increasing light transmittance, and that incorporate the installation and maintenance of appropriate manatee protection and resource information signs.

b. A determination of the type of resource protection area, as defined in Rule 18-20.003, F.A.C., affected by the proposed project.

3. Review by the Fish and Wildlife Conservation Commission to comment on the application relative to such factors as an assessment of the probable effect of the proposed lease on the conservation of fish or wildlife, threatened and endangered species, compliance with manatee protection plans, or other programs under the constitutional or statutory authority of the Commission.

4. Review by the Department of State when there is evidence of or the likelihood of the existence of historical or archaeological resources on the proposed site.

5. Review by the county commission of the county in which the lease is situated, pursuant to Section 253.68, F.S.

6. Review by the Army Corps of Engineers to assess the effect of the proposed lease on navigation and boating safety.

(m) After the coordinated review of the application, DACS shall compile the findings of the review and develop recommendations concerning the use of sovereignty submerged lands and water columns for consideration by the Board. Documents containing the comments received from the review required in this subsection shall become part of the application.

(n) All requests for aquaculture leases on sovereignty submerged lands shall be processed in accordance with the notice and hearing requirements of Section 253.115, F.S. For purposes of notification of adjacent property owners, requests for revisions to existing leases that increase the preempted area or change the use (such as one that requires a different form of authorization or application of different rule criteria) will be treated as new applications under this chapter.

(o) The Board shall require the applicant to cause notice of receipt of the lease application to be published in a newspaper of general circulation in the county in which the parcel is situated once a week for three consecutive weeks. Such notice shall be made on the Notice of Aquaculture Lease Application (FDACS 15118, Rev. 05/17) which is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10254 or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399. The application shall contain the following:

1. Preliminary location description and acreage of parcel sought; and

2. A description of the aquaculture activity being proposed.

(p) DACS will hold a public hearing in response to heightened public concern prior to seeking consideration by the Board, if such concern is raised in response to the public notice.

(q) If DACS determines that the application is complete and complies with the standards and criteria in Chapter 253, F.S., and this rule chapter, DACS shall initiate the agenda process to bring the application and recommendations before the Board for consideration at its next regularly scheduled public meeting. The application may be approved, approved with modifications, or denied. The lease fee shall be determined by the Board in accordance with the provisions in Section 253.71(2), F.S.

(r) DACS shall also coordinate the review process and agenda preparation for applications for voluntary conversions of shellfish leases to aquaculture leases.

(s) All leases are renewable, modifiable, and assignable, subject to:

1. Approval by the Board under this rule; and

2. Compliance with the statutes and rules of the Board in effect at the time of lease renewal, modification or assignment that apply to or affect sovereignty submerged lands.

(t) Termination of the lease, corrective action, or enforcement under Section 253.04, F.S., or Chapter 18-14, F.A.C., shall result for the following, and no application to renew, modify, or assign the lease shall be approved unless all such non-compliance is corrected:

1. Non-compliance with any material term or condition of the lease to be renewed, modified or assigned or of any other current or prior lease between the applicant and the Board;

2. Evidence of the applicant’s previous trespass, damage, or depredation to sovereign submerged land or the products thereof caused by the facility or use; or

3. Failure to pay any fees or fines assessed under Rule 18-21.022, or Chapter 18-14, F.A.C., for such leases.

(u) Requests to renew leases shall be made on the Application to Renew an Aquaculture Lease Shellfish (FDACS 15160, Rev. 06/16) or Application to Renew an Aquaculture Lease Live Rock (FDACS 15412, Rev. 06/17). Applications to sublease shall be made on the Application for Sublease of Sovereignty Submerged Land Aquaculture Lease (FDACS 15114, Rev. 08/16/09). Applications for transferring leases shall be made on Assignment and Assumption of Lease (FDACS 15113, Rev. 04/14). The applications listed in this paragraph are hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10255, http://www.flrules.org/Gateway/reference.asp?No=Ref-10260 and http://www.flrules.org/Gateway/reference.asp?No=Ref-10261, or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(2) Aquaculture lease authorization.

(a) Each lease document shall at a minimum contain the following:

1. The term of the lease, which shall not exceed ten years.

2. A provision stating that the lease shall be renewable for one automatic successive term upon agreement of both parties.

3. The amount of fee per acre, or fraction thereof, leased, which shall take the form of a fixed annual fee to be paid throughout the term of the lease.

4. A requirement that the leaseholder obtain and maintain a valid Aquaculture Certification of Registration issued by DACS. As a condition of the Aquaculture Certification of Registration the lessee shall comply with any special lease conditions, applicable best management practices for the specific aquacultural activity, and any permit issued pursuant to Chapter 373, F.S.

5. A provision requiring the disposition of all improvements and aquaculture products upon the termination or cancellation of the lease.

6. A statement that the lease may not be assigned, sublet or transferred in any manner, in whole or in part, without the prior written approval of the Board. Failure of the lessee to obtain prior written approval shall be grounds for revocation by the Board.

7. A provision stating that failure of the lessee to comply with the terms and conditions of the lease shall be grounds for revocation of the lease.

8. A description of approved culture and harvesting techniques that can be used on the lease.

(b) The parcel leased shall be identified, well marked, and shall have, except when it will interfere with the development of the animal and plant life being cultivated by the lessee, reasonable public access for boating, swimming, and fishing. All limitations on the public use of the parcel leased, such as docking, mooring, anchoring, and other activities that would interfere with the approved aquacultural activity shall be set forth in the lease agreement and such restrictions shall be clearly posted in conspicuous places on site by the lessee. Each parcel leased shall be marked in compliance with the provisions of the lease agreement.

(c) Violation of the lease agreement shall be grounds for enforcement by DACS or the Board, in accordance with Chapter 18-14, paragraph 18-21.008(1)(b) and Chapter 5L-3, F.A.C., and the terms of the lease agreement. DACS shall notify the Department of Environmental Protection and the applicable water management district of any revocation, corrective action or enforcement related to a change in use which is not authorized in the lease agreement. Failure of the lessee to pay rental fees pursuant to Section 253.71(2)(b), F.S., or perform effective cultivation pursuant to Section 253.71(4) F.S., shall constitute grounds for cancellation of the lease and forfeiture to the state of all works, improvements, and animal and plant life in and upon the leased land and water column.

(3) Aquaculture letter of consent application and review process.

(a) Aquaculture activities meeting the criteria specified in subsection 18-21.020(5), F.A.C., on or over sovereignty submerged lands shall be authorized by a letter of consent.

(b) The applicant shall provide the items required in this subsection demonstrating that the proposed site meets the criteria established in subsection 18-21.020(5), F.A.C., and is suitable for the proposed aquacultural activities. Applications for a letter of consent shall include the following.

1. Name, address and telephone number of applicant and applicant’s authorized agent, if applicable.

2. Location and address of the proposed activity, using the most comprehensive information available, including: street, route, city, county; section, township and range; coordinates established with Global Positioning System, affected water body; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map.

3. Satisfactory evidence of sufficient upland interest in the riparian upland property to the extent required by paragraph 18-21.004(3)(b), F.A.C..

4. A detailed statement describing the proposed activity.

5. A detailed and dimensioned site plan drawing showing:

a. The approximate mean or ordinary high water line;

b. The location of the shoreline and aquatic vegetation and/or other submerged resources, if any;

c. The location of the proposed structures and any existing structures;

d. The location of intake and discharge pipelines, pumps, culture units, and tanks;

e. The applicant’s upland parcel property lines and zoning restrictions; and

f. The location of the nearest natural or artificial navigation channel.

(c) The Application for Sovereignty Submerged Land Aquaculture Letter of Consent (FDACS 15138, Rev. 09/14) is hereby adopted and incorporated by reference, and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10262 or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399.

(d) Applications for letters of consent shall be reviewed by DACS to ensure that the proposed sites are suitable for the proposed aquacultural activity and meet the criteria in subsection 18-21.020(5), F.A.C.

(4) Aquaculture letter of consent authorization.

(a) If DACS determines that the proposed activity complies with subsection (3) above, has an Aquaculture Certificate of Registration, is in compliance with the best management practices adopted by rule for that activity, and meets the requirements of subsection 18-21.020(5), F.A.C. DACS shall issue a letter of consent.

(b) Failure to perform the aquaculture activities for which the letter of consent was issued, failure to comply with the terms and conditions of the letter of consent, or conducting activities other than those approved in the letter of consent shall be grounds for action on the letter of consent, including revocation, a requirement for corrective action or enforcement by DACS or the Board in accordance with Section 253.04, F.S. and Chapter 18-14, F.A.C., and the terms of the letter of consent.

(5) Aquaculture management agreement applications and review process.

(a) An aquaculture management agreement is required for the use of sovereignty submerged lands or the water column for educational, scientific, demonstration, Aquaculture Restoration, or experimental activities related to aquaculture.

(b) Applicants for aquaculture management agreements shall provide the items required in this subsection and information demonstrating that the proposed activity complies with the criteria in subsection 18-21.020(6), F.A.C., and is suitable for aquacultural activities. Applications for an aquaculture management agreement shall include the following.

1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable.

2. Location of the proposed activity, including: county; section, township and range; water body; and a vicinity map.

3. A detailed statement describing the proposed activity, including educational, Aquaculture Restoration, and scientific objectives.

4. A detailed site plan drawing showing:

a. Location of aquatic vegetation and fisheries habitat, if existing;

b. Location of proposed structures and any existing structures; and

c. Location of intake and discharge pipelines, pumps, culture units, and tanks.

d. The appropriate application fee.

(c) Satisfactory evidence of sufficient upland interest in the riparian upland property when the riparian property owner is the applicant.

(d) Applications for aquaculture management agreements shall be submitted, using the Application for Sovereignty Submerged Lands Aquaculture Lease (FDACS 15102, Rev. 08/16).

(e) Applications for management agreements shall be reviewed by DACS to ensure that the proposed sites are suitable for the proposed aquacultural activity and that the activity complies with the criteria in subsection 18-21.020(6), F.A.C.

(f) If DACS determines that the application is complete and complies with the standards and criteria of Rules 18-21.020, 18-21.021 and 18-21.022, F.A.C., copies of the application will be sent to the Department of Environmental Protection and the Fish and Wildlife Conservation Commission for their review and recommendations.

(6) Aquaculture management agreement authorization.

(a) The Board shall authorize management agreements that meet the requirements of paragraphs 18-21.021(5)(a) through (c), F.A.C.

(b) The management agreement authorizes specific aquaculture activities on sovereignty submerged lands and water columns without conveying any interest in real property.

(c) Authorization of an aquaculture management agreement shall require that qualified applicants comply with the standards and criteria in subsection 18-21.020(6), F.A.C.

(d) The management agreement shall require the grantee obtain and maintain a valid Aquaculture Certification of Registration issued by DACS prior to the initiation of any activities authorized by the agreement. As a condition of the Aquaculture Certification of Registration, the grantee shall comply with special conditions, applicable best management practices, or with the condition of a permit issued pursuant to Chapter 373, F.S.

(e) The management agreement shall include a provision requiring the disposition of all improvements and aquaculture products upon the termination or cancellation of the management agreement. Aquaculture management agreements for the exclusive purpose of Aquaculture Restoration are exempt from the requirement to dispose aquaculture products upon the termination or cancellation of the management agreement.

(f) Failure to perform the aquaculture activities for which the management agreement was granted, failure to comply with the terms and conditions of the management agreement, or conducting activities other than those approved in the management agreement shall be grounds for action on the management agreement, including revocation, a requirement for corrective action, or enforcement by DACS or the Board, in accordance with Section 253.04, F.S. and Chapter 18-14, F.A.C., and the terms of the aquaculture management agreement.

(7) Applications for authorizations to use sovereignty submerged lands for aquacultural purposes shall be submitted to the Florida Department of Agriculture and Consumer Services, Division of Aquaculture, 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399, Telephone: (850)617-7600.

History

• Rulemaking Authority 253.03(7) FS. Law Implemented 253.002, 253.04, 253.67-.75, 253.77, 373.427(2)(a), 597.010 FS. History–New 9-1-09, Amended 7-10-19, 6-10-21.

Fla. Admin. Code R. 18-21.022 Payments and Fees for Aquacultural Activities

(1) The application fee for an aquaculture lease is $200.00.

(2) The fee for assignment, sublease or transfer of an aquaculture lease is $50.00.

(3) The annual rental fees for aquaculture authorizations shall be the dollar amount of the fixed rate consideration as determined by the Board in accordance with Section 253.71(2), F.S., but not less than $15.00 per acre, or fraction thereof, for a bottom lease and $30 per acre, or fraction thereof, when the lease includes the water column: bottom leases are considered to include six inches of the water column above the bottom.

(4) The annual fee may be revised and increased or decreased based on the average change over time in the price paid by all urban consumers for a market basket of consumer goods and services. In determining the change, the Board will annually consult the Consumer Price Index figures established for the previous five years by the Bureau of Labor Statistics, computed as provided in the BLS Publication “Handbook of Methods,” Chapter 17, June 2007, which is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10655 or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399. There shall be a 10 percent cap on any annual increase.

(5) An annual surcharge of $10.00 per acre, or any fraction of an acre, shall be levied on each aquaculture lease pursuant to Sections 253.71(2)(a) and 597.010(7), F.S.

(6) Invoices will be sent to each leaseholder 60 days before the payment is due, stating the amount of the annual lease fee and surcharge. If the lease fee and surcharge are not received within sixty days of the payment date specified in the lease agreement, DACS shall revoke the lease.

(7) Any financial or production data related to the proposed aquacultural activity necessary for purposes of negotiation shall be supplied by the applicant upon DACS’ request.

(8) Fees for experimental aquacultural activities on aquaculture leases or aquaculture management agreement areas for state agencies, public, and nonprofit research institutions shall be waived by the Board upon proof of public or nonprofit status.

History

• Rulemaking Authority 253.03(7), (11), 253.73 FS. Law Implemented 253.002, 253.04, 253.67-.75, 253.77, 597.010 FS. History–New 9-1-09, Amended 7-10-19, 11-15-23.

Fla. Admin. Code R. 18-21.900 Forms

History

• Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.03, 253.03(11), 253.77, 597.010 FS. History–New 10-15-98, Amended 12-11-01, 9-1-09, Repealed 3-21-19.

Chapter 18-23 STATE BUFFER PRESERVES

Fla. Admin. Code R. 18-23.002 Scope and Goals

(1) This chapter applies to all lands managed by the Office of Coastal and Aquatic Managed Areas that are on mainlands above the mean or ordinary high water line adjacent to aquatic preserves, and to natural islands lying within the Aquatic Preserves designated in Chapter 258, Part II, F.S., owned by the State. This chapter does not include spoil islands. The described lands on the mainland and the natural islands subject to this chapter are collectively entitled “Buffer Preserves.”

(2) Contact the Office of Coastal and Aquatic Managed Areas, Department of Environmental Protection, 3900 Commonwealth Boulevard, MS 235, Tallahassee, FL 32399-3000 (telephone (850) 245-2094) for specific information regarding the geographic locations and boundaries of the Buffer Preserves.

(3) The management goals of the Buffer Preserves are to:

(a) Conserve and preserve natural values of ecosystems;

(b) Provide public access and recreation that is compatible with natural and cultural resource conservation;

(c) Protect and preserve wetlands, natural and water resources of adjacent aquatic preserves, parks and other special management areas administered by either the Department or other state, federal, or local government authorities;

(d) Protect and preserve native plant and animal species and natural communities, particularly any that are endangered or threatened;

(e) Restore natural communities and original ecosystem functions, which have been historically degraded;

(f) Protect cultural resources; and

(g) Enhance public appreciation for natural and cultural diversity.

History

• Rulemaking Authority 253.86(1) FS. Law Implemented 253.86, Chapter 258, Part II FS. History–New 8-7-94, Amended 5-8-96, 7-1-03.

Fla. Admin. Code R. 18-23.007 Activities in Buffer Preserves

(1) The Buffer Preserves shall be open to the public from sunrise until sunset, except for those that are natural islands, which shall remain open at all times unless otherwise closed pursuant to the authority of the rules of this chapter.

(2) To conserve, preserve and restore the natural and cultural resources and ensure the safety and enjoyment of visitors, the following activities shall be limited or prohibited within the boundaries of the Buffer Preserves. The Buffer Preserve manager shall verbally authorize such activities only in the case of a life-threatening emergency or as part of a natural resource management program designed to promote environmental protection, which is approved by the Department. Any other authorization for any prohibited activity may be sought by submitting a written request to the Department of Environmental Protection, Office of Coastal and Aquatic Managed Areas, 3900 Commonwealth Boulevard, MS 235, Tallahassee, FL 32399-3000. A written request shall, at a minimum, contain the following information: name of requestor, contact person, address, telephone number, location of proposed activity, reason for proposed activity, and the number of people expected to participate in the proposed activity. Such requests shall only be granted if the Department determines that the proposed activity would not damage the natural or cultural resources. Such authorizations shall include any restrictions necessary to protect natural and cultural resources and shall contain provisions for revocation. The number of authorizations issued shall be limited by the Department if necessary to avoid cumulative impacts or address public safety concerns.

(a) Prohibited Activities:

1. Consumption of alcoholic beverages. This does not apply to the natural islands of the Buffer Preserves.

2. Hunting, harassing, possessing or trapping wildlife.

3. Use of animal trapping or concealment devices.

4. Use of firearms of any type or other weapons potentially dangerous to wildlife and humans, including shooting into Buffer Preserves from beyond the boundaries.

5. Admission of unleashed domestic animals, except those assisting the handicapped.

6. Transplantation or removal of any plant or animal, or parts of plants or animals (living or dead), except as provided herein.

7. Removal, disturbance, pollution or destruction of property, or natural or cultural resources.

8. Solicitation or distribution of commercial materials and advertising of any commercial event, other than Department materials or announcements of Department-sponsored or sanctioned events and gatherings.

(b) Limited Activities:

1. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads specifically designated for those activities.

2. Camping may be conducted only in designated areas.

3. Fires are allowed only in designated areas.

4. Visitors shall be responsible for the proper disposal of all waste-water, refuse and trash by placing it in designated containers, if provided, or removed to an off-site disposal facility or receptacle.

5. Vehicles are allowed only in areas designated as public access roads.

6. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer Preserves is allowed only where designated for such use with signs.

(c) Waiver of Restrictions for Property Management. The prohibition or limitation of activities in this section shall not apply to Department staff or cooperating management agencies, volunteers, or contractors conducting management activities that are approved by the Department, consistent with a management plan approved by the Board of Trustees, and authorized in accordance with Chapter 18-2, F.A.C., if such authorization is required.

(d) Closures. The Department, in furtherance of the policy and intent of Chapter 253, F.S., shall close any Buffer Preserve or section thereof to the public at any time and for any interval of time, when necessary to protect: public health, safety or welfare due to causes such as fire, weather conditions, natural hazards, management activities or environmental conditions; natural resources such as seasonally nesting birds at a specific site; and cultural resources such as Indian middens. Staff of the Department’s Office of Coastal and Aquatic Managed Areas shall post the closings.

History

• Rulemaking Authority 253.86(1) FS. Law Implemented 253.86, Chapter 258, Part II FS. History–New 8-7-94, Amended 5-8-96, 7-1-03.

Fla. Admin. Code R. 18-23.010 Enforcement

(1) Violation of the rules of this chapter constitutes a non-criminal infraction and shall be punishable by fines as follows:

(a) A Minor Non-Destructive Violation, which includes violation of the following subparagraph 18-23.007(2)(a)1. or 8., F.A.C., is punishable by a fine of $50.

(b) A Major Non-Destructive Violation, which includes violation of the following subparagraph 18-23.007(2)(b)4., F.A.C., is punishable by a fine of $100.

(c) A Resource Damage Violation which includes violation of the following subparagraph 18-23.007(2)(a)3., 5., 6. or 7. or 18-23.007(2)(b)1., 2., 5. or 6., F.A.C., is punishable by a fine of $250.

(d) A Public Danger Violation, which includes violation of the following subparagraph 18-23.007(2)(a)2. or 4. or 18-23.007(2)(b)3., F.A.C., is punishable by a fine of $500.

(2) Violators shall be notified of the rule(s) violated and the amount of the fine by issuance of a non-criminal citation by a certified law enforcement officer.

(3) Procedures for resolving non-criminal violations under these rules are as follows:

(a) When a law enforcement officer issues a citation for violation of the rules of this chapter, the citation shall specify which section was violated and the amount of the fine for violation of the specified rule. The citation shall include the person’s name, address, and telephone number, and the county in which the violation occurred. The citation shall also specify a date to appear at county court. The officer shall give a copy of the citation to the violator and to the clerk of the county court in the county in which the violation occurred.

(b) Any person cited for violation of any rule in this chapter shall sign the citation and shall accept a copy of the citation. Such signature shall indicate the person’s knowledge of both the citation and the date of court appearance, but it shall not constitute admission of the violation.

(c) A person who receives a citation may pay the fine amount specified on the citation to the clerk of the county court for the county in which the violation occurred at any time before the date of court appearance stated on the citation to avoid a court appearance and the imposition of court costs. The fine shall be paid by certified check or money order payable to the Clerk of the [County] Court, stating the citation number, the name of violator, and the court case number, if known. Upon such payment, the Clerk shall close the file.

(d) Any person who has paid the fine prior to court appearance in accordance with this rule shall be deemed to have admitted the violation and to have waived the right to a hearing on the issue of commission of the violation.

(e) If a person who receives a citation does not pay the fine prior to the date of the court appearance, they must appear in court on the date stated on the citation. If the violator fails to appear, the court may impose appropriate sanctions for failure to appear.

(f) The court, after hearing, shall make a determination as to whether a violation of the rule has been committed. If the court finds that a violation was committed, the court shall impose the fine specified by this rule, not to exceed $500, plus court costs.

(g) The State shall prove the violation by a preponderance of the evidence. If the violator is found guilty of the violation, the violator shall pay the fine plus costs to the clerk of the county court.

History

• Rulemaking Authority 253.86(2) FS. Law Implemented 253.86 FS. History–New 7-1-03, Amended 12-9-04.

Fla. Admin. Code R. 18-23.011 User Fees

(1) Entry to the Guana Tolomato Matanzas National Estuarine Research Reserve (GTMNERR) (formerly named the Guana River State Park) shall be limited to designated entry points, except in emergencies.

(2) Admission fees shall be charged for entrance to the GTMNERR, the GTMNERR Environmental Education Center and the Rookery Bay National Estuarine Research Reserve Environmental Learning Center in accordance with the provisions of this section.

(3) Standard admission fees and other user fees shall be established on the basis of the following criteria: user demand, location of the property, costs of managing and operating the property and facilities, types of facilities available, season, and natural and historic resource values.

(4) Admission fees shall be waived for:

(a) Children under the age of 6 years;

(b) Representatives of any governmental agency on official business; patients of Florida State Mental Institutions, clients of the Department of Juvenile Justice, the Department of Children and Family Services, and other similar institutions which are fully funded by federal, state, or local government, when the trip is sponsored and supervised by their respective institutions or agencies;

(c) School groups, including vocational schools, colleges and universities, accompanied by one or more teachers, and bearing a letter from the school principal, professor or other appropriate official stating that the visit is related to a specific school curriculum and is for educational purposes rather than a purely recreational outing;

(d) Tradesmen or other individuals who will benefit the Office of Coastal and Aquatic Managed Areas;

(e) Employees of the Office of Coastal and Aquatic Managed Areas and their families; and

(f) Florida citizens possessing a current Social Security disability award certificate or proof of a 100% disability award from the federal government or other governmental agency.

(5) User fees shall become effective at the time of the opening of the facilities described in subsection (2), above.

(6) User fees shall be determined by reference to the CAMA Fee Schedule, effective date 10-26-04, which is incorporated by reference herein. A copy of the CAMA Fee Schedule is available by mail from CAMA, Mail Station 235, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, (850) 245-2094. In addition, the fee for each facility shall also be posted at its designated entry points.

History

• Rulemaking Authority 253.86(2) FS. Law Implemented 253.86 FS. History–New 10-26-04.

Chapter 18-24 FLORIDA FOREVER LAND ACQUISITION AND MANAGEMENT

Fla. Admin. Code R. 18-24.001 General and Definitions

(1) This chapter is promulgated to set forth the procedures, standards, and criteria for the evaluation and selection of lands proposed for acquisition, restoration, and other capital improvements with funds from the Florida Forever Trust Fund pursuant to Section 259.105(3)(b), F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution and to set forth the performance measures for all programs funded pursuant to Section 259.105(3), F.S.

(2) For the purposes of this chapter, the following terms are defined as follows:

(a) “Acquisition project” means a parcel or parcels of land proposed for acquisition in accordance with Section 259.105(3)(b), F.S., and this rule.

(b) “Board” means the Board of Trustees of the Internal Improvement Trust Fund.

(c) “Capital improvement project” means a proposed or approved activity which may be either a “restoration project” as defined in paragraph 18-24.001(2)(t), F.A.C., or “other capital improvement project”, as defined in paragraph 18-24.001(2)(q), F.A.C.

(d) “Component of the Everglades restoration efforts” as used in Section 259.105(9)(i), F.S., means a project which assists in achieving the restoration or acquisition objectives outlined in Sections 373.4592, 373.470, 373.1501 and 373.4595, F.S., except as restricted by the terms of Chapter 259, F.S.

(e) “Council” means the Acquisition and Restoration Council, pursuant to Section 259.035, F.S.

(f) “De minimis lands” are lands that lie outside an approved acquisition project boundary when part of the ownership is within an approved project boundary. De minimis lands must not exceed ten percent of the cost or the size of that portion of the parcel that lies within the approved project boundary. These lands may or may not have the same resource values as lands within the project boundary. Additionally, the estimated cost of the de minimis lands must not exceed one million dollars. The cost of the de minimis lands shall be estimated by prorating the state-approved appraised, or tax assessed value based on the amount of acreage outside the boundary compared to that within the boundary, unless more definitive appraisal valuations are available for the de minimis lands.

(g) “Ecosystem management team” as used in Section 259.105(9)(h), F.S., means a team of citizens and agency representatives, formed and administered by the Department of Environmental Protection under its watershed or ecosystem management initiative.

(h) “Florida Forever Conservation Needs Assessment” refers to an analysis of the geographic distribution of Florida’s natural resources as required by the Florida Forever Act and developed in December 2000 and continually updated for the Department of Environmental Protection by the Florida Natural Areas Inventory in collaboration with the Department of Environmental Protection, the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, the University of Florida, the water management districts, the Department of State’s Division of Historical Resources, and other agencies and organizations with scientific or technical information on the natural, historical or recreational resources of Florida, incorporated herein by reference.

(i) “Florida Forever criteria” means the criteria outlined in Section 259.105(9), F.S., and further defined in Rule 18-24.0021, F.A.C.

(j) “Florida Forever goals and measures” means the goals and measures outlined in Section 259.105(4), F.S., and further defined in Rule 18-24.0022, F.A.C.

(k) “Florida Natural Areas Inventory” refers to a scientific organization that is used by private and governmental entities in biological resource evaluations of land acquisition, land management, and other environmental programs.

(l) “Fund” means the Florida Forever Trust Fund that is created by Section 259.1051, F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution.

(m) “Funding sources that are identified and assured through at least the first two years of the project” as used in Section 259.105(9)(e), F.S., means a funding source for a project for which a participating agency, entity, partner, or any combination thereof, has pledged in writing to pursue, through an identified funding source or sources, the resources required to manage or maintain the project for at least two years following the execution of a lease or management agreement, or for at least two years following receipt of specific authority from the Board to proceed with an approved project.

(n) “Less-than-fee acquisition”, as used in Chapter 259, F.S., and in this chapter, means acquisition of an interest in property that is not a full fee simple interest, such as a conservation easement.

(o) “Natural areas” as used in Sections 259.105(2)(a)2. and 3., F.S., means areas of land or water that either retain or have re-established the characteristics of natural communities.

(p) “Ongoing governmental effort” as used in Section 259.105(9)(b), F.S., means an ongoing initiative of a federal, state, regional or local government that contributes to the accomplishment of the Florida Forever goals and measures.

(q) “Other capital improvement project” means a proposed or approved capital improvement activity relating to the development of necessary infrastructure such as the “construction, improvement, enlargement or extension of facilities, signs, firelanes, access roads, and trails; or any other activities that serve to provide public access, recreational opportunities, or necessary services,” as enumerated in Section 259.03(3), F.S., but excluding restoration projects as defined in paragraph 18-24.001(2)(t), F.A.C.

(r) “Project Evaluation Report” means a report prepared in accordance with Rule 18-24.005, F.A.C., for use by the Council in determining the merits and characteristics of a proposal for funding through the Florida Forever program.

(s) “Resource-based recreation” or “natural resource-based recreation” or “resource-based public recreational and educational opportunities” means compatible outdoor recreation that is dependent on some particular element in the natural or historical environments and which require some natural condition that cannot easily be duplicated by people, as deemed appropriate in land management plans approved by the Council. Visiting historical and archaeological sites is also included because such sites, while not strictly natural resources, suffer the same limitations of being fixed in both quantity and location.

(t) “Restoration project” means a proposed or approved capital improvement project such as ecosystem restoration, hydrological restoration, or invasive plant removal that do not qualify as an “other capital improvement project” as defined in paragraph 18-24.001(2)(q), F.A.C.

(u) “Significant archaeological or historical value” as used in Section 259.105(9)(d), F.S., means a resource deemed of such significance by the Department of State, Division of Historical Resources.

(v) “Tax assessed value” means the county property appraiser’s “just value”, “just valuation”, “actual value” or “value”, all of which are defined as the price at which a property, if offered for sale in the open market, with a reasonable time for the seller to find a purchaser, would transfer for cash or its equivalent, under prevailing market conditions between parties who have knowledge of the uses to which the property may be put, both seeking to maximize their gains and neither being in a position to take advantage of the exigencies of the other.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10, 2-8-17.

Fla. Admin. Code R. 18-24.002 Public Purposes and Categories of Projects Qualifying for Funding

(1) Projects proposed to be funded pursuant to Section 259.105(3)(b), F.S., must meet at least one of the criteria outlined under Section 259.105(9), F.S., and further described in Rule 18-24.0021, F.A.C., and shall meet at least two of the Florida Forever goals and measures outlined in Section 259.105(4), F.S., and further described in Rule 18-24.0022, F.A.C.

(2) To qualify for funding under Section 259.105(3)(b), F.S., a project also must be selected pursuant to the provisions of this rule, except as follows:

(a) An inholding or an addition to a project acquired by the Fund under Section 259.105(3)(b), F.S., if the estimated value of the inholding or addition does not exceed $500,000, and the managing agency demonstrates in writing to the Division of State Lands that such inholding or addition is in furtherance of the public purpose established for the original acquisition project, or of the current public purpose, if changed;

(b) The remaining lands of a project which has been removed from the acquisition list because 90% or more of the acreage has been purchased by the state;

(c) Lands which qualify for emergency acquisition by the Board, under the Emergency Archaeological Property Acquisition Act of 1988, Section 253.027, F.S.;

(d) Lands which qualify for emergency acquisition by the Board pursuant to Section 259.041(15)(c), F.S., when a significant portion of the lands contain natural communities or plant or animal species which are listed by the Florida Natural Areas Inventory as critically imperiled, imperiled, or rare, or as excellent quality occurrences of natural communities;

(e) De minimis lands; or

(f) Lands acquired to facilitate resolution of a pending lawsuit involving the Board, when the Council determines that the property to be acquired is consistent with the goals and measures of the Florida Forever Program but was not proposed as an acquisition project under the Program due to its litigation status; and the Board determines the property to be acquired to be of significant natural or historical resource value and its purchase to be in the public interest.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10.

Fla. Admin. Code R. 18-24.0021 Florida Forever Criteria

For acquisition projects, the council shall give weight during project selection and ranking to the following Florida Forever criteria:

(1) The project meets multiple Florida Forever goals described in Rule 18-24.0022, F.A.C.

(2) The project is part of an ongoing governmental effort to restore, protect, or develop land areas or water resources.

(3) The project enhances or facilitates management of properties already under public ownership.

(4) The project has significant archaeological or historic value. The relative significance of the archaeological or historical values for each acquisition project will be determined based on information obtained from the Department of State, Division of Historical Resources.

(5) The project has funding sources that are identified and assured through at least the first 2 years of the project.

(6) The project contributes to the solution of water resource problems on a regional basis. The applicability of the project’s contribution to the solution of water resource problems on a regional basis will be evaluated based on information obtained from the water management district within which the project is located.

(7) The project has a significant portion of its land area in imminent danger of development, in imminent danger of losing its significant natural attributes or recreational open space, or in imminent danger of subdivision which would result in multiple ownership and make acquisition of the project costly or less likely to be accomplished. In reviewing the applicant’s information and making a determination concerning the imminent danger of development, subdivision, or loss of natural attributes or recreational open space, the council may utilize information provided by the Division of State Lands, the affected local governments, or the Department of Community Affairs.

(8) The project implements an element from a plan developed by an ecosystem management team.

(9) The project is one of the components of the Everglades restoration effort. The project’s applicability to the Everglades restoration effort will be based on information obtained from the South Florida Water Management District.

(10) The project may be purchased at 80 percent of appraised value, based on the state’s appraised value.

(11) The project may be acquired, in whole or in part, using alternatives to fee simple, including but not limited to, tax incentives, mitigation funds, or other revenues; the purchase of development rights, hunting rights, agricultural or silvicultural rights, or mineral rights; or obtaining conservation easements or flowage easements.

(12) The project is a joint acquisition, either among public agencies, nonprofit organizations, or private entities, or by a public-private partnership.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 5-1-10.

Fla. Admin. Code R. 18-24.0022 Florida Forever Goals and Numeric Performance Measures

(1) The Florida Forever goals and measures described in this rule apply to all programs that receive Florida Forever Trust Funds pursuant to Section 259.105(3), F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s. 28(a), Art. X of the State Constitution. Some goals and measures are specific to acquiring land, while others are primarily measures for capital improvement expenditures. Some measures are not directly related to Florida Forever program activities per se, but are general ecosystem function measures that may have an indirect connection or a post-acquisition land management or land use component. Some measures are specific to one or more of the programs funded under Florida Forever pursuant to Section 259.105(3), F.S., while the majority of the goals and measures overlap with several programs.

(2) The council shall employ the following Florida Forever goals and measures when evaluating, selecting and ranking acquisition projects. Numeric values for these measures shall be supplied to the Council pursuant to paragraph 18-24.006(3)(c), F.A.C.:

(a) Enhance the coordination and completion of land acquisition projects, as measured by:

1. The number of acres proposed to be acquired that contribute to the enhancement of essential natural resources (such as retention of biodiversity and water quantity and quality), ecosystem service parcels (such as those that assist in carbon sequestration, flood control and storm surge protection), and connecting linkage corridors, as identified and developed by the best available scientific analysis, and measured under goals paragraphs (2)(b), (c), (d) and (g) of this rule.

2. The number of acres proposed to be protected through the use of alternatives to fee-simple acquisition.

3. The number of Florida Forever acquisition funding partners and partners with other funding sources, including the percent of funding to be derived from partnerships, and the estimated amount of funds to be made available by the funding partners.

4. For ranking purposes only, the remaining acres and percent completion of each project on the Florida Forever list.

(b) Increase the protection of Florida’s biodiversity at the species, natural community, and landscape levels, as measured by:

1. The number of acres proposed to be acquired of significant strategic habitat conservation areas, as identified in the Florida Forever Conservation Needs Assessment.

2. The number of acres proposed to be acquired of highest priority conservation areas for Florida’s rarest species, as identified in the Florida Forever Conservation Needs Assessment.

3. The number of acres proposed to be acquired of significant landscapes, landscape linkages, and conservation corridors, giving priority to completing linkages, as identified in the Florida Forever Conservation Needs Assessment.

4. The number of acres proposed to be acquired of underrepresented native ecosystems, as identified in the Florida Forever Conservation Needs Assessment.

5. The number of acres proposed to be acquired that would establish or enhance a landscape-sized protection area of at least 50,000 acres that exhibits a mosaic of predominantly intact or restorable natural communities, as identified in the Florida Forever Conservation Needs Assessment.

6. The number of imperiled species known or reported to occur on the acquisition project.

(c) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:

1. The number of acres proposed to be acquired that enhance the management feasibility of existing conservation lands, as documented by the affected agency(ies) that manage or own the existing conservation lands.

2. The number of acres proposed to be acquired for restoration, enhancement, and management as identified in plans prepared pursuant to Section 373.199, F.S., the management prospectus for an acquisition project prepared pursuant to Section 259.032(9)(d), F.S., or the Florida Ecological Restoration Inventory, which is maintained by the Department of Environmental Protection’s Division of Water Resource Management and available at www.dep.state.fl.us/water/wetlands/feri or by writing Florida Wetland Restoration Information Center, 2600 Blair Stone Road, M.S. #3500, Tallahassee, Florida 32399, or by calling (850)245-8336.

3. The number of acres proposed to be acquired that protect natural floodplain functions, as identified in the Florida Forever Conservation Needs Assessment.

4. The number of acres proposed to be acquired that protect surface waters of the state in designated watersheds, as identified in the Florida Forever Conservation Needs Assessment.

5. The number of acres proposed to be acquired to minimize damage from flooding, as identified by the Department of Environmental Protection in coordination with the water management districts.

6. The number of acres proposed to be acquired that protect fragile coastal resources, as identified in the Florida Forever Conservation Needs Assessment. These include those acres that help species and natural communities adapt to climate change.

7. The number of acres of functional wetland systems proposed to be protected, as identified in the Florida Forever Conservation Needs Assessment.

(d) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by:

1. The number of acres proposed to be acquired which provide retention and storage of surface water in naturally occurring storage areas, such as lakes and wetlands, consistent with the maintenance of water resources or water supplies and consistent with district water supply plans, as identified by the water management districts in plans prepared pursuant to Section 373.199, F.S.

2. The number of acres proposed to be acquired for a water resource development project, as identified in plans prepared pursuant to Section 373.199, F.S.

3. The number of acres proposed to be acquired of groundwater recharge areas critical to springs, sinks, aquifers, other natural systems, or water supply, as identified in the Florida Forever Conservation Needs Assessment.

(e) Increase natural resource-based public recreational and educational opportunities, as measured by:

1. The number of acres proposed to be acquired that are proposed to be available for potential natural resource-based public recreation or education, as identified by the Department of Environmental Protection in coordination with other agencies.

2. The miles of trails that are proposed to be made available for public recreation, giving priority to those that provide significant connections including those that will assist in completing the Florida National Scenic Trail, as identified in the Florida Forever Conservation Needs Assessment.

3. For ranking purposes only, the population served within 100 miles of the acquisition project.

(f) Preserve significant archaeological or historic sites, as measured by:

1. The number and relative significance of archaeological sites identified on the acquisition proposal, as reported by the Department of State’s Division of Historical Resources in the Florida Master Site File.

2. The number and relative significance of historic sites identified on the acquisition proposal, as reported by the Department of State’s Division of Historical Resources in the Florida Master Site File.

(g) Increase the amount of agricultural and forest land available for sustainable management of natural and agricultural resources, as measured by:

1. The number of acres proposed to be acquired that are potentially available for sustainable forest management and could provide economic return utilizing multiple-use management, as identified in the Florida Forever Conservation Needs Assessment.

2. The number of acres of forestland proposed to be acquired that will serve to maintain natural groundwater recharge functions, as identified by overlaying data from measures subparagraphs (2)(d)3. and (g)1. above.

3. For ranking purposes only, the number of acres of improved agricultural lands proposed to be protected, as verified by the Department of Agriculture and Consumer Services in coordination with the landowner.

4. For ranking purposes only, the number of acres of unimproved agricultural lands proposed to be protected, as verified by the Department of Agriculture and Consumer Services in coordination with the landowner.

5. The number of development units proposed to be acquired, as verified by the landowner through the approved local government comprehensive plan.

(h) Increase the amount of open space available in urban areas, as measured by:

1. The number of acres proposed to be purchased of open space within urban service areas.

2. The number of linear feet proposed to be acquired to protect working waterfronts, as defined in Sections 380.503(18)(a) and (b), F.S.

(3) For capital improvement project proposals the following goals and measures are applicable:

(a) Protect, restore, and maintain the quality and natural functions of land, water and wetland systems of the state, as measured by:

1. The number of acres of publicly owned land identified that are proposed to be restored or enhanced.

2 The proposed percentage completion of targeted capital improvements in surface water improvement and management plans created pursuant to Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans if such project were funded.

3. The number of acres of public conservation lands in which upland invasive, exotic plants are proposed to be treated to bring them under maintenance control.

(b) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by the quantity of water proposed to be made available through Florida Forever expenditures for water resource development.

(c) Increase natural resource-based public recreational and educational opportunities, as measured by the number of new resource-based recreation facilities, by type, proposed to be made available on public land.

(4) The following list includes Florida Forever performance measures that may not directly relate to land acquisition selection or capital improvement expenditures, but are general ecosystem function measures that may have an indirect connection or measures that have a post-acquisition, land management or land use component that was not captured in subsections (2) and (3) above:

(a) Protect, restore, and maintain the quality and natural functions of land, water, and wetland systems of the state, as measured by:

1. The number of acres of publicly owned land identified as needing restoration, enhancement, and management, acres undergoing restoration or enhancement, acres with restoration activities completed, and acres managed to maintain such restored or enhanced conditions; the number of acres which represent actual or potential imperiled species habitat; the number of acres which are available pursuant to a management plan to restore, enhance, repopulate, and manage imperiled species habitat; and the number of acres of imperiled species habitat managed, restored, enhanced, repopulated, or acquired.

2. The percentage of water segments that fully meet, partially meet, or do not meet their designated uses as reported pursuant to Section 259.105(4)(c)2., F.S.

3. The percentage completion of targeted capital improvements in surface water improvement and management plans created under Section 373.453(2), F.S., regional or master stormwater management system plans, or other adopted restoration plans.

4. The percentage of miles of critically eroding beaches contiguous with public lands that are restored or protected from further erosion;

5. The percentage of public lakes and rivers in which invasive, nonnative aquatic plants are under maintenance control, as reported by entities that manage state conservation lands.

6. The number of acres of public conservation lands in which upland invasive, exotic plants are under maintenance control, as reported by entities that manage state conservation lands.

(b) Ensure that sufficient quantities of water are available to meet the current and future needs of natural systems and the citizens of the state, as measured by the quantity of water made available through the water resource development component of a district water supply plan for which a water management district is responsible.

(c) Increase natural resource-based public recreational and educational opportunities, as measured by the number of new resource-based recreation facilities, by type, made available on public land.

(d) Preserve significant archaeological or historic sites, as measured by the increase in the number and percentage of historic and archaeological properties that are in state ownership.

(e) Increase the amount of agricultural and forest land available for sustainable management of natural and agricultural resources, as measured by:

1. The number of acres of state-owned forestland managed for economic return in accordance with current best management practices, as verified by the Department of Agriculture and Consumer Services in coordination with land managers, conservation easement monitors, and the landowners.

2. The percentage and number of acres identified for restoration actually restored by reforestation, as verified by the Department of Agriculture and Consumer Services in coordination with land managers, conservation easement monitors, and the landowners.

(f) Increase the amount of open space available in urban areas, as measured by:

1. The percentage of local governments that participate in land acquisition programs and acquire open space in urban service areas as defined in Sections 163.3164(29) and 163.3177(14), F.S.

2. The number of parks and open space projects proposed to be acquired within urban service areas as defined in Sections 163.3164(29) and 163.3177(14), F.S.

(5) For program expenditures to acquire lands or implement capital improvements that achieve one or more of the measures listed above in subsection (2), (3) or (4), each program funded under Section 259.105(3), F.S., shall report its accomplishments to the Department of Environmental Protection’s Division of State Lands by January 15 of each year. Fund recipients shall also report on those measures that are not directly related to Florida Forever expenditures but are applicable to their program component as described in subsection (4).

(6) Statewide, uniform data sets shall be developed for each geographic-based numeric performance measure that is a component of the Florida Forever Conservation Needs Assessment. Each geographic-based data set shall attempt to identify and establish priorities for each performance measure.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 5-1-10, Amended 2-8-17.

Fla. Admin. Code R. 18-24.003 Application Procedures and Requirements

(1) Applications must be submitted in writing to:

Florida Forever Program

Office of Environmental Services

Mail Station 140

Department of Environmental Protection

3900 Commonwealth Boulevard

Tallahassee, FL 32399-3000

(2) When prepared, the Department shall accept electronic versions of required application information in a format designated by the Department. Information regarding electronic applications can be obtained by writing to the address above.

(3) All acquisition project applications shall include the following:

(a) One original and seventeen legible copies (or originals) of United States Geological Survey (USGS) topographic quadrangle maps, on which the boundaries of the project are clearly delineated.

(b) One original and three legible copies of tax maps, overlain on aerials if available, with the boundaries of the project clearly delineated. If tax aerial overlays are not available, the sponsor of an application shall submit aerials and tax maps separately.

(c) Eighteen legible copies of Florida Department of Transportation (FDOT) county general highway maps on which the boundaries of the proposed acquisition are clearly delineated.

(d) One legible or electronic copy of the property appraiser’s tax identification card(s) with the tax assessed value and acreage of each parcel, description and value of improvements, ad valorem taxes assessed, and the names and addresses of each owner identified.

(e) A written statement from the applicant asserting that each owner has been contacted in compliance with Section 259.105(7)(b)2., F.S.

(f) Eighteen copies of a written description of the lands being proposed for acquisition, including all of the following:

1. A descriptive location of the project and the total amount of acreage being proposed for inclusion.

2. The general physical, natural resource, biological, hydrological, archaeological and historical characteristics of the project.

3. Any potential recreational activities or other public uses that can be accommodated by the project.

4. Any known threats or development plans that could harm or diminish the values of the project.

5. Local resolutions, if any, concerning the potential public acquisition of the project.

6. A clear statement detailing how the project meets criteria and furthers the goals and objectives outlined in Rules 18-24.0021 and 18-24.0022, F.A.C. For projects that are presumed to meet one or more of the following criteria, the applicant shall also provide, as appropriate, additional written information as follows:

a. For criterion in subsection 18-24.0021(2), F.A.C., the applicant shall clearly describe the ongoing governmental effort, including a description of the resources that the effort is attempting to restore, protect or develop. The applicant shall also describe the governmental entity or entities involved in the effort and their current and proposed levels of financial support to complete the effort.

b. For criterion in subsection 18-24.0021(3), F.A.C., the applicant shall identify the property under public ownership whose management will be enhanced or facilitated, and shall describe specifically how the acquisition project will enhance or facilitate the identified property’s management.

c. For criterion in subsection 18-24.0021(7), F.A.C., the applicant shall describe the imminent threats to significant natural attributes or recreational open space, and explain how existing, applicable environmental policies and regulations at the local, regional or state level cannot provide for the protection of these resources and related environmental services.

d. For criterion in subsection 18-24.0021(10), F.A.C., the applicant shall provide a written statement, signed by the landowner, indicating the landowner’s willingness to sell their property at 80 percent or less of the state’s appraised value.

e. For criterion in subsection 18-24.0021(11), F.A.C., the applicant shall provide a description of the specific alternatives to fee simple that are applicable to each ownership within the project and a brief description of any known activities or property rights proposed to be acquired by the state and those proposed to be retained by the property owner.

f. For criterion in subsection18-24.0021(12), F.A.C., the applicant shall provide written evidence of the specific agencies, organizations or private entities that will contribute to joint acquisition of the project and the commitments made by each agency, organization or private entity to participate in the partnership.

(g) The applicant must provide thirteen copies of any oversized or color documents presented as part of the application for consideration by the Council.

(4) Each acquisition project application shall, within 30 days of receipt, be reviewed by staff to verify sufficiency of information in accordance with this section. Incomplete applications shall be returned to the applicant, with a letter stating every deficiency, for completion and resubmission within 30 days of the date of the deficiency letter. If the information is not received by the deadline, the entire file will be returned to the applicant.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10.

Fla. Admin. Code R. 18-24.004 Initial Review of Project Proposals

(1) Complete applications shall receive an initial review by the Council starting within 60 days, or at the next regularly scheduled Council meeting, whichever occurs later. Initial review by the Council will consist of:

(a) Review of information provided by the applicant and other relevant information provided by Council staff, the Florida Natural Areas Inventory, Florida Fish and Wildlife Conservation Commission, Department of Environmental Protection, Department of State’s Division of Historical Resources, Department of Community Affairs, Department of Agriculture and Consumer Services’ Division of Forestry, and including consultation with the applicable water management district on projects where hydrological considerations are integral to the proposal.

(b) Verification that staff has notified all local governments within whose jurisdiction an acquisition project is located.

(c) Review of the comments provided by the public in support of, or in opposition to, each acquisition project application, including those obtained at one or more public hearings.

(d) Review of all evaluations and comments received.

(e) Review of the specific Florida Forever goals and measures met by the acquisition project to ensure compliance with subsection 18-24.002(1), F.A.C. Acquisition projects not complying with subsection 18-24.002(1), F.A.C., shall not be considered further.

(2) Upon completion of the initial review, the Council shall vote to determine which acquisition project applications shall move forward for full review. An affirmative vote of at least five of the Council members is required to move an acquisition project application to full review.

(3) An acquisition proposal that was not selected for the full review list shall be reconsidered by the Council during a subsequent review cycle if all of the following conditions are met:

(a) A written request for resubmission and a complete application is received in accordance with Rule 18-24.003, F.A.C.;

(b) The original acquisition proposal was submitted within the last three calendar years; and

(c) The request includes new or updated information since the last consideration by the Council.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10.

Fla. Admin. Code R. 18-24.005 Full Review of Project Proposals

(1) An affirmative vote of at least five council members shall be required to initiate a full review of a project proposal.

(2) For all acquisition project applications voted by the Council to receive full review, a Project Evaluation Report shall be prepared by staff and presented to the Council. The Project Evaluation Report shall:

(a) Confirm or revise, as appropriate, the information provided in the initial acquisition project application and initial review.

(b) Provide a review, including a site visit by staff, of the natural resources, physical, hydrological, recreational, archaeological, historical, and geographic characteristics of the components of the application to determine:

1. The number of Florida Forever goals and measures that are met by the project, and the extent to which the project contributes to meeting each of those goals and measures.

2. The number of Florida Forever criteria that are met by the project, and the extent to which the project contributes to meeting each of those criteria.

(c) Provide the Council with each reporting element required by Section 259.105(15), F.S.

(d) Include an assessment of the relative values of the proposed project for each criterion and goal, and overall, to assist the Council in grouping projects recommended for approval as outlined in Rule 18-24.006, F.A.C.

(e) Include a confirmation of the project boundary as contained in the application and recommend boundary adjustments needed for resource protection, acquisition planning, and management, within the constraints of Section 259.105(7)(b)2., F.S. This shall include a recommendation for which portions of the project required to be purchased, if any, might be declared surplus to the purposes of the project.

(f) Include a recommended manager for the project and a brief rationale for the recommendation, a management policy statement, and a management prospectus prepared pursuant to Section 259.032, F.S.

(3) Full review of acquisition projects by the Council shall consist of:

(a) Consideration of the Project Evaluation Report described above.

(b) Independent consideration by the Council of the provisions listed in paragraph 18-24.005(2)(b), F.A.C.

(c) The holding of one or more public hearings, advertised as required in the Florida Administrative Weekly and in newspapers serving areas affected by potential acquisitions, for the purpose of taking verbal and written comments from the public in support of, or in opposition to, projects under full review. The chair of the Council or his or her designee shall conduct such public hearings.

(4) The Council shall approve, approve with amendments, or reject the project evaluation report.

(5) Boundary Modifications.

(a) Removal of property from Florida Forever Project. Landowners who wish to have their property removed from an approved Florida Forever Project boundary shall submit by certified mail a letter stating they wish their property to be removed and sufficiently identifying such property to the address stated in subsection 18-24.003(1), F.A.C. The Council shall approve such removals at its next regularly scheduled meeting if they meet the foregoing requirements.

(b) Addition of property to Florida Forever Project. All boundary additions shall comply with all the requirements of Rules 18-24.002, 18-24.003 and 18-24.004, F.A.C., except as stated herein.

1. Boundary addition proposals exceeding $5,000,000 in the most recent county property appraiser’s assessed value shown on the owner’s ad valorem tax bill shall be considered new Florida Forever Projects and shall not be entitled to the expedited procedures herein.

2. Each application to add property to an existing Project boundary that meets the criteria of subparagraph 18-24.005(5)(b)1., F.A.C., shall, within 30 days of receipt, be reviewed by staff to verify sufficiency of information in accordance with this paragraph. Staff shall expedite the application process to add property by updating the original project evaluation report with a project addition summary attached, unless staff determines that the original project evaluation report, or any part thereof, does not fairly apply to or represent the property in the addition, is in need of updating, or other circumstances necessitate preparation of a more thorough amended project evaluation report (such as a change in flora or fauna, a traumatic event, or a change in land use). Staff shall state in its project addition summary whether the foregoing requirements are met. Staff shall submit its project addition summary or amended project report to the Council at its next regularly scheduled meeting after preparation of its report.

(c) An affirmative vote of at least five council members shall be required to add property to or remove property from an existing project.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 4-14-08, 5-1-10, 8-6-24.

Fla. Admin. Code R. 18-24.006 Council Evaluation and Ranking

(1) Following full review, the Council shall develop a list of projects for consideration by the Board in accordance with the provisions of Sections 259.105(3)(b) and 259.105(4), (8), (9), (10), (13), (14), (15) and (16), F.S.

(2) Following the full review of projects pursuant to Rule 18-24.005, F.A.C., the Council shall select projects for inclusion on the list. An affirmative vote of at least five council members shall be required to place a project on the list to be presented to the Board. The Council may provide recommendations to the Division of State Lands on which category or categories to place each land acquisition project, or portions thereof.

(3) The Division of State Lands shall categorize the list pursuant to Section 259.105(17), F.S., in preparation for work plan development. The Council shall evaluate the entire list of approved projects and rank them individually in numerical priority order within each category for consideration by the Board as follows:

(a) When assigning priority rankings to projects the Council shall give increased priority to those projects that meet the provisions of the Florida Forever criteria described in Sections 259.105(9)(j) and (l), F.S., as further described in subsections 18-24.0021(10) and (12), F.A.C. and Section 259.105(10), F.S., as described in paragraph (3)(b) of this rule.

(b) The council shall also give increased priority to those projects where the state’s land conservation plans overlap with the military’s need to protect lands, water, and habitat to ensure the sustainability of military missions including:

1. Protecting habitat on nonmilitary land for any species found on military land that is designated as threatened or endangered, or is a candidate for such designation under the Endangered Species Act or any Florida statute, as determined by Florida Natural Areas Inventory in coordination with Florida Fish and Wildlife Conservation Commission or Department of Agriculture and Consumer Services;

2. Protecting areas underlying low-level military air corridors or operating areas, as described in official military documents presented by the affected military installations; and

3. Protecting areas identified as clear zones, accident potential zones, and air installation compatible use buffer zones delineated by our military partners, and for which federal or other funding is available to assist with the project pursuant to subsection 18-24.021(11), F.A.C.

(c) Priority Rankings for each project shall be determined by the Council based on the results of the full review detailed in Rule 18-24.005, F.A.C., a comparative analysis of each project’s ability to meet the Florida Forever goals and measures and the Florida Forever criteria as identified in Rules 18-24.0021 and 18-24.0022, F.A.C., and additional information as identified in paragraphs (a), (b) and (d). As an initial information source for conducting this comparative analysis, the Department of Environmental Protection shall provide the council a comparative analysis and evaluation of each Florida Forever Project, which shall include rankings for each geographic-based resource type outlined in the subsection 18-24.0022(2), F.A.C., as well as rankings based on an efficient resource analysis using a computer modeling approach to conservation reserve design that involves iterative site selection, which describes those projects offering the greatest return in resource protection given the estimated acreage likely to be acquired by the Florida Forever Program. The Department also shall provide the council with a matrix of the criteria met by each project including the criteria described in paragraph (b), as well as information on the current status of negotiations to acquire property on the Division of State Lands work plan as described in subsection (6). The Council shall also consider any other contributing technical analysis of Florida Forever projects submitted by Council members, other organizations or persons in conducting its review of projects for priority ranking.

(d) The Council shall also consider the following when developing its priority list:

1. Projects that are considered priority resources, as described in subsection 18-24.0022(6), F.A.C., for multiple Florida Forever goals shall be given greater consideration than those that are considered priority resources for fewer or only one Florida Forever goal. Projects that meet multiple Florida Forever criteria, as described in Rule 18-24.0021, F.A.C., shall be given greater consideration than those that meet fewer or only one Florida Forever criterion.

2. Projects with the greatest percentage of acreage acquired, as measured by subparagraph 18-24.0022(2)(a)4., F.A.C., shall be given greater consideration than those with a lesser percentage of acreage acquired if the remaining lands to be acquired contribute significantly to the Florida Forever goals and measures.

3. Projects that close a critical gap in a recreational or ecological greenway, or landscape linkage, shall be given greater consideration than those that do not.

4. Projects that provide the greatest opportunities for resource-based recreation as identified in the State Comprehensive Outdoor Recreation Plan, which is prepared by the Department of Environmental Protection’s Division of Recreation and Parks for the State of Florida pursuant to Section 375.021, F.S., shall be given greater consideration than those that provide fewer opportunities for resource-based recreation.

5. Lands that help to address the challenges of global climate change by providing opportunities to sequester carbon, provide habitat, protect coastal lands or barrier islands, and otherwise mitigate and help adapt to the effects of sea-level rise, shall be given greater consideration than those that do not.

6. Many factors, other than technical resource data, are important in the project evaluation, selection, and ranking process. For example threat of development or loss of resource values are difficult factors with no clear methodology for comparing projects numerically at this time. Similarly, public support, owner’s willingness to sell at a reasonable price, management needs and other important factors takes on many forms that are not readily quantifiable. Additionally, other important information that may not be explicitly captured by the current Florida Forever goals and measures may be presented to the Council in the Project Evaluation Report, prepared pursuant to Rule 18-24.005, F.A.C., or during public hearings held pursuant to paragraphs 18-24.004(1)(c) and 18-24.005(3)(c), F.A.C. The Council shall consider these and other factors identified during the project evaluation and public hearings of the council as additional information when deciding where to rank a project on the priority list.

(4) The estimated value of all projects recommended to the Board by the Council, shall exceed the amount of money available in the Fund for acquisition.

(5) All acquisition projects approved by the Board shall be eligible for funding, with available resources targeted initially toward projects in High Priority Group of the work plan developed pursuant to subsection (6). However, the Board may approve the purchase of any project from any group in furtherance of the intent expressed in Section 259.105(2)(e), F.S.

(6) The Division of State Lands shall prepare a categorized acquisition work plan pursuant to Section 259.105(17), F.S. The work plan shall be submitted to the Council at a public meeting. After receiving public testimony during at least one public meeting or hearing, the Council shall consider the Division’s work plan and, when satisfied, shall adopt the work plan by a majority vote of its members. A copy of the work plan shall be provided to the Board no later than October 1 of each year. The Division of State Lands will use the Council’s priority list to develop its work plan. Projects in each of the work plan categories shall be placed in priority groups as follows:

(a) High Priority Group: Those acquisition projects proposed for approval, which will receive the highest priority for acquisition. Projects designated for this group shall be so designated based on the Council’s priority ranking. The acreage of projects designated for the High Priority Group within each category shall be limited to the top 33% or less of the acreage of projects within each category on the list, as determined by the Council.

(b) Medium Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not of the highest priority. The acreage of projects designated for the Medium Priority Group shall be limited to the middle ranked 33% or less of the acreage of projects within each category on the list, as determined by the Council.

(c) Low Priority Group: Those acquisition projects proposed for approval that are considered by the Council to be important, but not as important as those included in the high and medium resource priority groups. The Low Priority Group shall include at least the lowest ranked 33% of the acreage of projects within each category on the list, as determined by the Council.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10.

Fla. Admin. Code R. 18-24.007 Board of Trustees Consideration

(1) The Board shall receive at a regularly scheduled public meeting the report of the Council pursuant to Section 259.105(15), F.S., and act on the recommendations contained in that report pursuant to Section 259.105(14), F.S.

(2) The Council’s report will include a list of owners who have requested by certified mail that their property be removed from the list, and maps of the locations of such property, and the Council’s recommendations for whether or not the Board should add such property back on the list. The Board may add those properties back into projects pursuant to the provision of Section 259.105(7)(b)2., F.S.

(3) Upon final approval of the list, staff may proceed with acquisition of the projects contained thereon.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Repromulgated 5-1-10, Amended 1-6-14.

Fla. Admin. Code R. 18-24.008 Capital Improvement and Restoration Proposals

(1) In order for a capital improvement project, whether restoration or other, to be eligible for access to the Fund, pursuant to Section 259.105(3)(b), F.S., the project must be presented for the consideration of the Council in an application from the managing entity, for work on lands pursuant to Chapter 259, F.S.

(2) All capital improvement projects, whether restoration or other, which are presented in an application to the Council for funding consideration, must be contemplated in a prospectus or a land management plan submitted and approved pursuant to Sections 253.034 and 259.032, F.S.

(3) All capital improvement project applications presented to the Council for funding consideration must include all of the following:

(a) A written description of the proposed project and its purpose(s), and how it helps achieve Florida Forever goals and measures.

(b) A description of the existing landscape where the project is proposed to occur, including known physical, natural resource, biological, hydrological, historical and archaeological characteristics.

(c) A map of the managed area with the location of the project precisely indicated, including any lands or activities outside the managed area potentially affected by the project.

(d) A description of the landscape changes or management objectives intended to be achieved by the project, and how the project’s effects or impacts will be monitored or measured.

(e) A description of any recreational activities that may be enhanced, impeded or curtailed by the project.

(f) A detailed breakdown of the costs being requested from the Fund for the project.

(4) In measuring the relative merits of like restoration projects and like other capital improvement projects, the Council shall consider their contributions to Florida Forever goals, measures and criteria, and develop two capital improvement project lists, one for restoration and one for other, ranked accordingly.

(5) The Council shall present the two prioritized lists of capital improvement projects proposed for funding to the Board annually, as part of one of its reports submitted pursuant to Section 259.105(15), F.S.

(6) At least three percent, but no more than ten percent, of the funds annually allocated pursuant to Section 259.105(3)(b), F.S., shall be spent on capital project expenditures that meet land management planning activities necessary for public access.

History

• Rulemaking Authority 259.035(1), (4), 259.105(9), (18) FS. Law Implemented 259.035, 259.04, 259.041, 259.045, 259.07, 259.105 FS. History–New 7-17-01, Amended 5-1-10.