Florida Administrative Code › 40 - WATER MANAGEMENT DISTRICTS › 40B - Suwannee River Water Management District › Chapter 40B-9 - WATER MANAGEMENT LANDS ACQUISITION PROCEDURES › Section 40B-9.021 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
When used in this part, the term:
(1) "Access" means a point where the public
				can enter District lands by foot, horseback or non-motorized
				vehicles.
(2) "Aircraft" means any
				vehicle supported for flight in the air by buoyancy or by the dynamic action of
				air on its surfaces, including powered airplanes, gliders, helicopters, or
				unmanned aerial vehicles.
(3)
				"Boating" includes the use of any type of motorized or non-motorized vessel on
				water.
(4) "Camping" means to use a
				vehicle, tent, or other shelter, and/or to arrange bedding with the intent to
				stay overnight.
(5) "Commercial
				activity" means the sale or leasing, or offering for sale or lease, for profit
				any merchandise or service associated with the use of District lands including,
				but not limited to, providing guide services, vehicles or animals on District
				lands.
(6) "Conservation easement"
				means a right of interest in real property which is appropriate to retaining
				land or water areas predominantly in their natural, scenic, open, agricultural,
				or wooded condition. A conservation easement restricts the underlying fee
				owner's use of the property consistent with the purpose of the easement.
				Conservation easements are perpetual, undivided interests in property that run
				with the land. District conservation easements are governed by Section
				 704.06, F.S.
(7) "Daytime Hours" means one and one-half
				hour before sunrise to one and one-half hour after sunset.
(8) "Department" means the Florida Department
				of Environmental Protection or its successor agency or agencies.
(9) "District" means the Suwannee River Water
				Management District.
(10) "District
				lands" or "District real property" means any fee simple interest or other
				interests in real property titled to the District.
(11) "District lease" means the granting of
				either an exclusive or non-exclusive use of or interest in District real
				property for a specified period of time.
(12) "Entrance" means a designated location
				or boundary where public motorized vehicle access to District lands is
				authorized.
(13) "Facility" or
				"Structure" means any object placed on District lands intended to be
				permanently attached to the land, or which would be considered a fixture under
				Florida Law.
(14) "Firearms and
				similar devices" means shotguns, rifles, muzzle loading guns, pistols,
				revolvers, air guns, gas guns, blow guns, bows, crossbows, spear guns, or any
				other device capable of mechanically propelling an arrow, spear, or other
				projectile.
(15) "Governing Board"
				means the Governing Board of the Suwannee River Water Management
				District.
(16) "Historic resource"
				means any prehistoric or historic district, site, building, object, or other
				real or personal property of historical, architectural, or archaeological
				value, or folklife resources. These properties or resources may include, but
				are not limited to, monuments, memorials, Indian habitations, ceremonial sites,
				abandoned settlements, sunken or abandoned ships, engineering works, treasure
				trove, artifacts, or other objects with intrinsic historic or archaeological
				value, or any part thereof, relating to history, government, and culture of the
				state.
(17) "Management plan" means
				the District Land Management Plan adopted by the Governing Board that details
				the District's land management activities or other property specific land
				management plan adopted by the Governing Board.
(18) "Mobility-impaired person" means a
				person who is permanently physically disabled by being either paraplegic,
				hemiplegic, or quadriplegic, permanently dependent upon a wheelchair for
				ambulation or permanently required to use assisting aids to walk, or having had
				a complete single-leg amputation above the knee.
(19) "Motorized vehicle" means any vehicle
				which travels over land on wheels and is partially or completely powered by a
				motor, as well as animal-drawn carriages and buggies.
(20) "Paintball equipment" means paint balls,
				paintball guns, refillable gas tanks, paintball gun propellant canisters,
				paintball targets, and any other device associated with paintball
				activities.
(21) "Public road"
				means any road, path, land, or trail designated by name, number or map for
				public motorized vehicle access.
(22) "Resource-based recreational purpose"
				means any outdoor activity that depends on natural resources and includes, but
				is not limited to, fishing, hunting, horseback riding, bicycling, swimming,
				camping, hiking, boating, diving, wildlife viewing and other passive
				recreation.
(23) "Secondary road"
				means any road, path, land, or trail designated by name, number or map for
				public motorized vehicle access. Secondary road conditions may require
				four-wheel drive vehicles, all-wheel drive vehicles or other vehicles as set
				forth in Rule  40B-9.131, F.A.C.
(24) "Special Use Authorization" means the
				granting of a privilege to use District lands for specified purposes and does
				not confer any property or possessory interest to the holder.
(25) "Survey" means a certified survey signed
				by a licensed land surveyor authorized to practice surveying in the State of
				Florida.
(26) "Surveillance Camera"
				means any device or hardware placed on District lands that takes photographs or
				videos while unattended or overnight.
Rulemaking Authority
					 373.044,
					 373.083,
					 373.139 FS. Law Implemented
					 259.01,
					 373.103,
					 373.139,
					 373.59
					 FS.
New 3-1-83, Amended 4-1-93, 5-31-09, 7-21-10,
					 5-9-17.