Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-9 - WATER MANAGEMENT LANDS ACQUISITION PROCEDURES › Section 40B-9.131 - Public Use of District Lands

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Activities not authorized in this section, posted on the Land or specifically
				authorized under a Special Use Authorization or otherwise in writing by the
				District are expressly prohibited and subject to prosecution. Compliance with
				these rules does not preclude the need to also comply with State law and/or
				other applicable state and federal rules.
(2) The following activities are allowed,
				subject to the conditions, restrictions, and/or site conditions specified
				herein:
(a) Bicycling is allowed on all
				District lands open to the public unless restricted by signage.
(b) Boating for recreation is allowed on all
				District-owned waterways provided:
1. Boats
				launched from trailers must use boat ramps.
2. Boats must not be operated in a manner
				which could harm persons, plants, animals, or other natural resources.
The District shall prohibit or restrict boating in specific
				  areas as needed to ensure public safety, resource protection, and protection of
				  District facilities or equipment, including limitations on engine horsepower,
				  speed, or vessel type and shall be specific to a water body. Areas closed to
				  boating and boating restrictions shall be posted by
				  signage.
(c)
				Camping is only allowed on District lands at approved locations and as
				permitted by a Special Use Authorization issued by the District under Rule
				 40B-9.1411, F.A.C.
(d) Commercial activity on District lands may
				be allowed pursuant to prior written authorization in the form of an agreement
				or lease with the District. A person proposing any commercial activity on
				District lands must submit the following minimum information to the District:
1. Name and address of business;
2. Name and address of business owner or
				person responsible;
3. Type of
				activity to be conducted;
4.
				Statement justifying the need for the proposed commercial activity in order to
				facilitate public access and/or use of District lands for a resource-based
				recreational purpose;
5. Number of
				participants;
6. Dates and duration
				of the proposed activity; and,
7.
				Signed statement committing to abide by all District requirements.
Any proposed commercial activity that will exceed one year in
				  duration, require exclusive use of an area of land, or result in monetary
				  consideration to the District, may only occur under a lease agreement approved
				  by the Governing Board pursuant to Rule
				   40B-9.145, F.A.C.
The District will review the request for compatibility with
				  the applicable land management plan and notify the applicant in writing.
				  Requests to exclusively use a specific site that will impede the public's use
				  or for uses that will degrade the property will be
				  denied.
(e) Dogs
				are allowed on District lands provided they are on a leash or caged at all
				times unless consistent with authorized uses in state wildlife management areas
				and federal wildlife refuges or specifically authorized by the District through
				a Special Use Authorization issued under Rule
				 40B-9.1411, F.A.C. Other types
				of domesticated animals, such as cats, are prohibited on District
				lands.
(f) Horseback riding is
				allowed on all District lands on marked equestrian trails and on all roads open
				to any public use except where such use is specifically prohibited by signage.
				Animal-drawn vehicles, such as wagons and buggies, are allowed on all public
				roads on District lands open to motorized vehicles. The person responsible for
				bringing equine onto District lands must have unexpired, written proof of a
				negative Coggins test result for each animal.
(g) Fishing for recreation is allowed on
				District lands as authorized by the Florida Fish and Wildlife Conservation
				Commission, unless otherwise posted.
(h) Group recreational, educational or public
				service uses are allowed on all District lands open to the public provided a
				Special Use Authorization is issued by the District under Rule
				 40B-9.1411, F.A.C.
(i) Hiking and other resource-based
				recreational purposes, such as photography, nature study, orienteering, are
				allowed on all District lands open to the public except where specifically
				prohibited by signage. For the purpose of this subsection, the term "hiking"
				includes jogging, wildlife viewing, or any other recreational activity where
				travel is by foot only and does not include another activity described in this
				chapter.
(j) Hunting for recreation
				is allowed in Florida wildlife management areas in accordance with applicable
				wildlife management area rules of the Florida Fish and Wildlife Conservation
				Commission, in United States national wildlife refuges subject to permit, and
				on District lands as designated and identified by signage. The District may
				allow hunting on lands not designated through a Special Use Authorization
				issued under Rule  40B-9.1411, F.A.C.
(k) Motorized vehicle use is allowed on
				District lands on public and secondary roads, and in other areas designated by
				signage. Public and secondary road access is dependent onsite conditions or
				management activities. Details concerning road availability for public use may
				be obtained at the District's headquarters and on the District's website:
www.srwmd.state.fl.us
. The use of
				motorized vehicles on District lands is subject to the following requirements:
1. All motorized vehicles must be licensed
				for use on Florida highways.
2. All
				motorized vehicle operators must be licensed as required by Florida
				law.
3. All motorized vehicle
				operators must comply with posted speed limits. If no speed limit is posted,
				the speed limit is 20 mph.
4. Under
				Section  316.192, F.S., driving a
				motorized vehicle in a willful and wanton disregard for the safety of persons
				or property is considered reckless driving. Pursuant to Section
				 316.1925, F.S., any person who
				drives a motorized vehicle shall drive in a careful and prudent manner, having
				regard for the width, grade, curves, corners, traffic and all other attendant
				circumstances, so as not to endanger the life, limb or property of any person.
				Failure to drive in such a manner is punishable under Section
				 316.655, F.S.
5. Emergency motorized vehicles on District
				lands are not restricted to roads open to the public or to the 20 mph or other
				posted speed limits.
(l)
				Picnicking is allowed on all District lands open to the public, unless
				otherwise posted.
(m) Research uses
				are allowed on all District lands provided a Special Use Authorization is
				issued by the District under Rule
				 40B-9.1411, F.A.C., and further
				provided that if the proposed use will close or restrict public access, a
				contract or lease with the District is required.
(n) Swimming is allowed on District lands
				only in areas designated by signage.