Fla. Stat. § 258.007 — Florida Code / Title XVIII / Chapter 258 / Part I / Section 258.007
258.007 Powers of division.
Status: in_force

(1) The Division of Recreation and Parks shall have power to acquire in the name of the state any property, real or personal, by purchase, grant, devise, condemnation, donation, or otherwise, which in its judgment may be necessary or proper toward the administration of the purposes of this chapter; however, no property of any nature may be acquired by purchase, lease, grant, donation, devise, or otherwise, under conditions which shall pledge the credit of, or obligate in any manner whatsoever, the state to pay any sum of money, and the power of condemnation as herein granted is limited to the acquisition of property or property rights which may be required for state park purposes for parks under the jurisdiction of the Division of Recreation and Parks on July 1, 1980. Acquisition of such property or property rights shall not exceed an aggregate of 40 acres or 10 percent of the total acreage of the respective park as it existed on July 1, 1980, whichever is less, and shall be restricted to properties wholly surrounded by state park property at the time of acquisition. Express legislative approval is required for the acquisition by condemnation of any new area or memorial which the division may desire for the purposes set forth in this chapter, except that the division may maintain and insure with the State Risk Management Trust Fund buildings on property owned by the state or any of its agencies.

(2) The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties on it and authority to impose penalties as provided in s. 258.008 for the violation of any rule authorized by this section.

(3)(a) The division may, as consistent with s. 258.004, grant privileges, leases, concessions, and permits for the use of land for the accommodation of visitors in the various parks, monuments, and memorials in accordance with all of the following provisions: 1. Natural curiosities or objects of interest may not be granted, leased, or rented on terms that deny or interfere with free access to them by the public. 2. Such grants, leases, and permits may be made and given without advertisement or securing competitive bids. 3. Such grants, leases, and permits may not be assigned or transferred by any grantee without consent of the division. (b) Notwithstanding paragraph (a), the division may not grant new concession agreements for the accommodation of visitors in a state park that provides beach access and contains less than 7,000 feet of shoreline if the type of concession is available within 1,500 feet of the park’s boundaries. This paragraph does not apply to concession agreements for accommodations offered at a park on or before May 1, 2014.

(4) The division is authorized to grant easements for rights-of-way over, across, and upon lands of the state for the maintenance of poles and lines for the transmission and distribution of electrical power and for telephone and telegraphic purposes, under such conditions and with such limitations as the division may impose.

(5) The division may acquire, install, or permit the installation or operation at state parks of campsites and cabins. The installation and operation of campsites and cabins must be compatible with the state park’s land management plan and must be approved pursuant to s. 253.034(5). Campsites and cabins must be sited to avoid impacts to a state park’s critical habitat and natural and historical resources.

(6) The division may not authorize uses or construction activities, including the building or alteration of structures, within a state park which may cause significant harm to the resources of the state park. Any use or any construction activity must be conducted in a manner that avoids impacts to a state park’s critical habitat and natural and historical resources. The division may not install or permit the installation of any lodging establishment as defined in s. 509.242 within the boundaries of state parks. This subsection may not be construed to prohibit the continued operation, maintenance, or repair of any such public lodging establishment existing within a state park.

(7)(a) The division, in cooperation with the Division of Historical Resources of the Department of State, is authorized and empowered to select and designate, within the state park system, sites of historic interest and value and to erect and maintain appropriate signs or markers indicating said sites upon public property as well as upon private property where permission is obtained. (b) The division is authorized to receive gifts and donations from any source to carry out the purpose of this section.

History: s. 7, ch. 25353, 1949; s. 7, ch. 29615, 1955; s. 1, ch. 59-392; ss. 23, 25, 35, ch. 69-106; s. 1, ch. 70-302; s. 1, ch. 70-439; s. 70, ch. 86-186; s. 1, ch. 94-190; s. 58, ch. 96-418; s. 47, ch. 98-200; s. 7, ch. 2000-122; s. 1, ch. 2008-98; s. 16, ch. 2014-151; s. 4, ch. 2025-76.