Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-2 - MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES › Section 18-2.018 - Policies, Standards, and Criteria for Evaluating, Approving or Denying Requests to Use Uplands

Current through Reg. 50, No. 138; July 16, 2024
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.