Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.002 - Boundaries and Scope of the Preserves

Current through Reg. 50, No. 138; July 16, 2024
(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/
).
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.
New 2-23-81, Amended 8-7-85, Formerly 16Q-20.02,
					 16Q-20.002, Amended 9-29-97,
					 3-25-19.