reglab/statecodes huggingface dataset:
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.016 - Coordination with Other Governmental Agencies (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.43
					 FS.
New 2-25-81, Formerly 16Q-20.16, 16Q-20.016, Repealed
					 5-23-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.017 - Lake Jackson Aquatic Preserve

Current through Reg. 50, No. 138; July 16, 2024
In addition to the provisions of rules
				   18-20.001 through  18-20.016,
				  F.A.C., except for those in subsection
				   18-20.004(5),
				  F.A.C., the following requirements shall also apply to all proposed activities
				  within the Lake Jackson Aquatic Preserve.
(1) No further sale, transfer or lease of
				sovereignty lands in the preserve shall be approved or consummated by the
				Board, except upon a showing of extreme hardship on the part of the applicant
				or when the Board shall determine such sale, transfer or lease to be in the
				public interest.
(2) No further
				dredging or filling of sovereignty lands of the preserve shall be approved or
				tolerated by the Board except:
(a) Minimum
				dredging and spoiling authorized under a valid wetland resource or
				environmental resource permit, as applicable, or an exemption under section
				 403.813(1),
				F.S., for public navigation projects or for preservation of the lake;
				and,
(b) Such other alteration of
				physical conditions as may be necessary to enhance the quality or utility of
				the preserve.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.018 - Lake Weir Aquatic Preserve (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.42,
					 258.43(1) FS.
					 Law Implemented 258.398,
					 258.42,
					 258.43(1),
					 258.44
					 FS.
New 5-22-97, Repealed
					 8-1-01.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.001 - Intent (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.,
					 Art. X, Sec. 14, Fla. Const. Law Implemented
					 253.03,
					 253.12
					 FS.
New 3-27-82, Formerly 16Q-21.01, 16Q-21.001, Amended
					 9-1-09, Repealed 3-12-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.002 - Scope and Effective Date

Current through Reg. 50, No. 138; July 16, 2024
(1) These rules
				are to implement the administrative and management responsibilities of the
				Board, the Department of Environmental Protection and the Department of
				Agriculture and Consumer Services regarding sovereignty submerged lands.
				Responsibility for environmental permitting of activities and water quality
				protection on sovereignty and other lands is vested with the Department of
				Environmental Protection. The responsibility for managing aquacultural
				activities on sovereignty lands is vested with the Department of Agriculture
				and Consumer Services. These rules are considered cumulative. Therefore, a
				person planning an activity should consult other applicable rules of the
				Department of Environmental Protection and the Department of Agriculture and
				Consumer Services regarding aquacultural activities.
(2) These rules shall not affect previous
				actions of the board concerning private docks or the issuance of any easement,
				lease or any disclaimer concerning sovereign submerged lands. Fee arrangements
				in existing leases and easements shall not be subject to the fees of this rule
				until expiration of the current term unless otherwise specified in the lease or
				easement.
(3) Unregistered
				grandfathered structures which would require a lease pursuant to paragraph
				 18-21.005(1)(d),
				F.A.C., shall be brought under lease.
(4) Any expansion of an existing activity
				shall be subject to the provisions of this rule.
(5) It is declared to be the intent of the
				board that if any section, subsection, sentence, clause, phrase, or provision
				of this rule is held invalid or unconstitutional, such invalidation or
				unconstitutionality shall not be construed as to render invalid or
				unconstitutional the remaining provisions of this rule.
Rulemaking Authority
					 253.03(7),
					 253.73 FS. Law Implemented
					 253.002(1),
					 253.03,
					 253.12,
					 253.68,
					 253.77
					 FS.
New 3-27-82, Amended 8-1-83, 9-4-84, Formerly 16Q-21.02,
					 16Q-21.002, Amended 12-25-86, 3-15-90, 9-1-09,
					 3-21-19.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.00405 - Grandfather Provisions (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03,
					 253.77 FS. Law Implemented
					 253.77
					 FS.
New 3-15-90, Repealed
					 3-12-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0041 - Florida Keys Marina and Dock Siting Policies and Criteria

Current through Reg. 50, No. 138; July 16, 2024
These policies and criteria shall be applied to all
				  applications for leases, easements or consent to use sovereignty submerged
				  lands in Monroe County for multi-slip docking facilities. The following General
				  Policies and Specific Criteria shall be used in developing recommendations to
				  approve, approve with conditions or deny the use of state owned sovereignty
				  submerged lands for multi-slip docking facilities.
(1) General Policies - special attention and
				consideration shall be given to the following:
(a) The proximity to and potential adverse
				impacts on any rare, threatened or endangered species, or species of special
				concern, or their habitat, or on any portion of the entire Florida Reef Tract
				and other corals, including but not limited to those in the John Pennekamp
				Coral Reef State Park, Key Largo National Marine Sanctuary, Looe Key National
				Marine Sanctuary, and Everglades National Park; and,
(b) Eliminating any adverse impacts on
				wetland or submerged vegetation or benthic communities; and,
(c) Requiring adequate tidal flushing and/or
				circulation; and,
(d) Maintaining
				or enhancing water quality at levels within or above State water quality
				standards; and,
(e) Requiring
				adequate water depths to avoid dredging and other bottom disturbance; and,
(f) Requiring consistency and
				conformity with local government land use plans, zoning, and other land use or
				development regulations; and,
(g)
				Requiring consistency and conformity with chapters 27F-8, 27F-9, 27F-10,
				27F-11, 27F-12, 27F-13 and 27F-15, F.A.C., as amended, "Principles for Guiding
				Development in the Florida Keys Area of Critical State Concern." Should any of
				these provisions conflict with the Sovereignty Lands Management Rules, the
				Board shall advise staff which provision shall take
				precedence.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.005 - Forms of Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				appropriate form of authorization, for activities that meet the applicable
				rules and statutes of the Board, shall be determined based on consideration of
				all of the provisions of this rule. It is the intent of the Board that the form
				of authorization shall grant the least amount of interest in the sovereignty
				submerged land necessary for the activity. The forms of authorization for
				aquacultural activities, such as aquaculture leases, aquaculture letters of
				consent, and aquaculture management agreements, are provided in subsection
				 18-21.020(2),
				F.A.C. For activities not specifically listed, the Board will consider the
				extent of interest needed and the nature of the proposed activity to determine
				which form of authorization is appropriate. Co-located activities can be
				authorized, provided that the activities are compatible and the form of
				authorization for each activity is determined by the provisions of this rule.
(a) Exceptions. The following activities do
				not require authorization in accordance with this chapter:
1. Construction or maintenance of a water or
				sewer system by a county in accordance with section
				 153.04, F.S., provided the
				required location map, plans and drawings are submitted to the Board.
2. Removal of material from the area adjacent
				to an intake or discharge structure in accordance with section
				 403.813(1)(f),
				F.S., and no severance fees shall be assessed for such removal.
3. Removal of organic detrital material in
				accordance with section
				 403.813(1)(r) or
				(u), F.S., and no severance fees shall be
				assessed for such removal.
4.
				Construction of floating vessel platforms or floating boat lifts in accordance
				with section  403.813(1)(s),
				F.S.
5. Trimming or alteration of
				mangroves in accordance with sections 403.9321 through 403..9334,
				F.S.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0056 - Procedures for the Review of Applications to Conduct Geophysical Testing

Current through Reg. 50, No. 138; July 16, 2024
(1) Use agreements for geophysical testing
				involving incidental crossings.
(a) Prior to
				recommending the execution of a use agreement, the Division shall:
1. Have received from the Oil and Gas Program
				a permit application to conduct geophysical testing which is being processed by
				the Department;
2. Have received
				all fees required by subsection
				 18-2.019(4),
				F.A.C.;
3. Have received all
				information pursuant to rule
				 18-21.0077, F.A.C.;
4. Solicit comments from entities whose
				jurisdiction may be affected, such as the Department of Agriculture, Florida
				Forest Service, the Department of Environmental Protection, if applicable, the
				Division of Water Resource Management, Oil and Gas Program, the Division of
				Recreation and Parks, and the Fish and Wildlife Conservation Commission;
				and,
5. Ensure that all activities
				associated with the proposed operations will not conflict with an established
				public use and the protection of wildlife, such as endangered and threatened
				species, and that the activity is consistent with adopted management
				criteria.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.006 - Applications - General Information (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03
					 FS.
New 3-27-82, Formerly 16Q-21.06, 16Q-21.006, Repealed
					 5-23-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.007 - Applications for Letter of Consent

Current through Reg. 50, No. 138; July 16, 2024
Applications for a letter of consent shall include the
				  following:
(1) Name, address, email
				address, and telephone number of applicant and applicant's authorized agent, if
				applicable;
(2) Location of the
				proposed activity including: county; section, township and range; affected
				waterbody; and a scaled aerial photograph of the vicinity;
(3) Satisfactory evidence of sufficient
				upland interest to the extent required by paragraph
				 18-21.004(3)(b),
				F.A.C.;
(4) A detailed statement of
				the proposed activity;
(5)
				Multi-slip docking facilities shall provide a letter affirming that the
				facility will not be a revenue generating/income producing facility as defined
				in rule  18-21.003, F.A.C.;
(6) Dimensioned site plan drawing(s) with the
				following requirements:
(a) Using an
				appropriate scale for a 8 1/2" x 11" size document;
(b) Showing the approximate water's
				edge;
(c) Showing the location of
				the shoreline vegetation, if existing;
(d) Showing the location of the proposed
				structures and any existing structures;
(e) Showing the applicant's upland parcel
				property lines; and,
(f) Showing
				the primary navigation channels or direction to the center of the affected
				waterbody.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0077 - Applications for Use Agreements

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Applications for use agreements for geophysical testing involving incidental
				crossings. The Oil and Gas Program shall provide the Division a copy of all
				geophysical testing permit applications. In addition to information contained
				in the permit application, the Division shall require the applicant to submit:
(a) The name, email address, and the
				telephone number of a representative of the applicant able to resolve multiple
				use conflicts;
(b) A $500
				nonrefundable application processing fee for geophysical testing on all private
				and Federal uplands when any incidental crossing of sovereignty submerged lands
				occurs. If the application is part of a larger project involving state-owned
				uplands, no application fee for incidental crossing shall be required; and,
(c) A certified statement
				providing authorization to the individual who will execute an approved use
				agreement on behalf of the applicant.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0081 - Grandfather Structure Applications (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03,
					 253.077
					 FS.
New 8-1-83, Formerly 16Q-21.081, 16Q-21.0081, Amended
					 3-15-90, 8-10-05, Repealed 3-12-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0082 - Applications for Special Event Authorizations

Current through Reg. 50, No. 138; July 16, 2024
(1) Class II
				Letter of Consent. Applications for a Class II Letter of Consent for special
				events shall include the following:
(a) Name,
				address, email address, and telephone number of applicant and applicant's
				authorized agent, if applicable;
(b) Location of the proposed activity
				including: county; section, township and range; affected waterbody; and a
				vicinity map, preferably a reproduction of the appropriate portion of United
				States Geological Survey quadrangle map;
(c) A detailed statement of the proposed
				activity;
(d) A letter affirming
				that the special event will not be a revenue generating/income producing
				activity;
(e) Dimensioned site plan
				drawing(s), with the following requirements:
1. Using an appropriate scale on an 8 1/2" x
				11" page size;
2. Showing the
				approximate water's edge;
3.
				Showing the location of the shoreline vegetation, if existing;
4. Showing the boundary of the proposed
				preempted area;
5. Showing the
				upland parcel property lines and associated riparian rights lines of any
				riparian owners of adjacent uplands; and,
6. Showing the primary navigation channels or
				direction to the center of the affected waterbody.
(f) A list of names and addresses of all
				riparian owners of adjacent uplands, verified by the County Property
				Appraiser's Office that these names came from the latest tax assessment rolls.
				Such owners shall be notified by certified mail of any application for a
				consent of use prior to approval by the Board. In lieu of the Board providing
				notice of the application, an applicant may elect to send the notice, provided
				the notice is sent by certified mail, with the return-receipt card addressed to
				the Department. "Riparian owners of adjacent uplands" are owners of upland
				property landward of the special event, where any point on the boundary of the
				preempted area of the special event, as identified in the application, is
				located within the upland owner's riparian rights area.
(g) Name, address, and telephone number of
				the owner of any marina to be utilized for the special event, and a copy of any
				existing sovereign submerged land lease for such marina, or the name of the
				governmental entity that is the riparian owner of the adjacent uplands, along
				with the address and telephone number of a contact person for the governmental
				entity.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.012 - Spoil Islands

Current through Reg. 50, No. 138; July 16, 2024
(1) No spoil islands shall be developed
				except upon a clear showing that the development is in the public interest and
				hardship would result if the development was not authorized.
(2) Proposals for public development of spoil
				islands may be authorized after comments have been solicited and received from
				the appropriate public agencies determining that the public interest would be
				served by the development.
(3)
				Unauthorized structures that have been constructed on spoil islands shall be
				removed. The procedure for removal shall be as follows:
(a) The individual claiming a possessory
				interest in any structure shall be served notice by certified mail that he is
				trespassing and that he must remove the structure within 120 days of receipt of
				the notice.
(b) If the individual
				fails or refuses to remove the structure within 120 days of receipt of the
				notice, the board shall have the structure removed at the individual's
				expense.
(c) If the individual
				cannot be located, notice of trespass and intent to remove the structure shall
				be posted on the structure for 120 days prior to removal.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.013 - Applications to Purchase Filled Lands Adjacent to Riparian Uplands

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications to purchase state-owned
				submerged lands that have been filled and which are adjacent to riparian
				uplands may be made by the riparian owners only. The Division shall reject
				applications that do not comply with this rule. If an application satisfies all
				the criteria of this rule, the Division shall send the application to the Board
				for final determination regarding the sale of the filled lands. The following
				shall be included in each application:
(a)
				Name and address of the applicant;
(b) Two prints of a survey prepared, signed,
				and sealed by a person properly licensed by the State of Florida Board of Land
				Surveyors or an agent of the federal government approved by the department
				clearly showing:
1. The boundaries of the
				parcel sought,
2. Land tie
				referenced, by ground survey, to an established accessible section corner,
				subsection corner, other U.S. Government Land Office survey corner, or other
				controlling corner(s),
3. Boundary
				lines of the applicant's adjacent uplands,
4. U.S. Government Land Office meander
				line.
(c) Five maps, no
				larger than 8 1/2" x 14" in size, showing the location of the parcel sought for
				purchase. These maps need not be certified;
(d) Legal description and acreage of the
				filled parcel;
(e) Aerial
				photograph showing the date of flight, if available, with the parcel sought
				identified thereon;
(f) One copy of
				the recorded subdivision plat with any dedication data, if the applicant's
				uplands are part of the subdivision;
(g) Satisfactory evidence of title in the
				applicant to the riparian uplands;
(h) Statement of the applicant's proposed use
				of the parcel sought;
(i) Statement
				evidencing that the sale of the parcel is in the public interest;
(j) Names and addresses, as shown on the
				latest county tax assessment roll, of all owners of land lying within 1, 000
				feet of the parcel sought, certified by the county appraiser; and,
(k) A non-refundable processing fee of $200
				shall accompany each application, except for applications from state
				agencies.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.014 - Disclaimers to Confirm Title to Filled Formerly Sovereignty Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.12,
					 253.129
					 FS.
New 9-26-77, Formerly 16C-12.06, 16Q-21.06, Amended
					 3-27-82, Formerly 16Q-21.006, Repealed
					 4-17-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.015 - Quit Claims to Clear Title to Filled Formerly Sovereignty Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.12
					 FS.
New 9-26-77, Formerly 16C-12.07, 16Q-21.07, Amended
					 3-27-82, Formerly 16Q-21.15, 16Q-21.015,, Repealed
					 4-17-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.016 - Applications to Reclaim Lands Lost Due to Avulsion or Artificial Erosion (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03,
					 253.12
					 FS.
New 3-27-82, Formerly 16Q-21.16, 16Q-21.016, Repealed
					 3-20-94.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.017 - Application for Disclaimer for Lands Lost Due to Avulsion (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03,
					 253.43
					 FS.
New 3-20-94, Repealed
					 4-17-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.018 - Applications to Reclaim Lands Lost Due to Artificial Erosion or Artificial Erosion and Avulsion (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7) FS.
					 Law Implemented 253.03,
					 253.43
					 FS.
New 3-20-94, Repealed
					 4-17-96.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.019 - Applications, Standards, Criteria, Fees, and Forms for Disclaimers, Quitclaim Deeds or Certificates to Clear Title Formerly Submerged Sovereignty Lands, Filled-In, Bulkheaded, or Permanently Improved in Accordance with Chapter 253, F.S

Current through Reg. 50, No. 138; July 16, 2024
Applications for Disclaimers, Quitclaim Deeds or Certificates
				  to Clear Title to Filled Formerly Sovereignty Lands and for Disclaimers for
				  Lands Lost Due to Avulsion or to Reclaim Lands Lost Due to Artificial Erosion
				  or Artificial Erosion and Avulsion.
(1) Disclaimers to Confirm Title of Formerly
				Sovereignty Lands Filled Prior to May 29, 1951:
(a) Pursuant to the provisions of section
				 253.129, F.S., applicants for
				disclaimers to confirm title of formerly sovereignty lands filled prior to May
				29, 1951 (prior to June 11, 1957, in Dade and Palm Beach Counties), or
				subsequent to these dates under authority of a U.S. Army Corps of Engineers
				permit issued prior to these dates, may apply to the Board of Trustees of the
				Internal Improvement Trust Fund.
(b) Applications for a disclaimer must be
				made on DEP Form #63-031(16), effective date August 22, 1996, titled
				"Application for Disclaimers to Confirm Title of Formerly Sovereignty Lands"
				which is hereby incorporated by reference. Applications can be obtained from
				the address as stated in subsection
				 18-21.019(6),
				F.A.C.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.020 - Aquacultural Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) Intent - It
				is in the state's economic, resource enhancement, and food production interest
				to promote aquacultural production of food and non-food aquatic species by
				facilitating the review and approval processes for authorizing the use of
				sovereignty submerged lands and water columns for aquacultural purposes.
				Aquaculture development should be fostered when the aquaculture activity is
				consistent with state resource management goals, proprietary interest,
				environmental protection, the state aquaculture plan, and the public interest,
				as expressed in Section
				 258.42, F.S.
(2) Forms of authorization - For the purpose
				of Rules  18-21.020,
				 18-21.021 and
				 18-21.022, F.A.C., conducting
				aquacultural activities on sovereignty submerged lands and in the water column
				shall be authorized by an aquaculture lease, an aquaculture letter of consent,
				or an aquaculture management agreement.
(a) An
				aquaculture lease is required for all revenue-generating aquacultural
				activities conducted on or over sovereignty submerged lands, except those
				aquacultural activities associated with an aquaculture facility that qualifies
				for an aquaculture letter of consent pursuant to subsection
				 18-21.020(5),
				F.A.C., or an aquaculture management agreement pursuant to subsection
				 18-21.020(6),
				F.A.C.
(b) A letter of consent
				shall be issued for aquaculture activities that meet the requirements of
				subsection  18-21.020(5),
				and Chapter 5L-3, F.A.C.
(c) An
				aquaculture management agreement shall be issued for public and private
				entities to conduct certain aquacultural activities for educational,
				scientific, demonstration, Aquaculture Restoration, and experimental purposes
				when such activities meet the requirements of subsection
				 18-21.020(6),
				F.A.C., and education or Aquaculture Restoration is the primary
				objective.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.022 - Payments and Fees for Aquacultural Activities

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				application fee for an aquaculture lease is $200.00.
(2) The fee for assignment, sublease or
				transfer of an aquaculture lease is $50.00.
(3) The annual rental fees for aquaculture
				authorizations shall be the dollar amount of the fixed rate consideration as
				determined by the Board in accordance with Section
				 253.71(2),
				F.S., but not less than $15.00 per acre, or fraction thereof, for a bottom
				lease and $30 per acre, or fraction thereof, when the lease includes the water
				column: bottom leases are considered to include six inches of the water column
				above the bottom.
(4) The annual
				fee may be revised and increased or decreased based on the average change over
				time in the price paid by all urban consumers for a market basket of consumer
				goods and services. In determining the change, the Board will annually consult
				the Consumer Price Index figures established for the previous five years by the
				Bureau of Labor Statistics, computed as provided in the BLS Publication
				"Handbook of Methods, " Chapter 17, June 2007, which is hereby adopted and
				incorporated by reference and may be obtained on the Internet at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10655
or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite
				217, Tallahassee, Florida 32399. There shall be a 10 percent cap on any annual
				increase.
(5) An annual surcharge
				of $10.00 per acre, or any fraction of an acre, shall be levied on each
				aquaculture lease pursuant to Sections
				 253.71(2)(a) 
				and  597.010(7),
				F.S.
(6) Invoices will be sent to
				each leaseholder 60 days before the payment is due, stating the amount of the
				annual lease fee and surcharge. If the lease fee and surcharge are not received
				within sixty days of the payment date specified in the lease agreement, DACS
				shall revoke the lease.
(7) Any
				financial or production data related to the proposed aquacultural activity
				necessary for purposes of negotiation shall be supplied by the applicant upon
				DACS' request.
(8) Fees for
				experimental aquacultural activities on aquaculture leases or aquaculture
				management agreement areas for state agencies, public, and nonprofit research
				institutions shall be waived by the Board upon proof of public or nonprofit
				status.
Rulemaking Authority
					 253.03(7),
					 (11),
					 253.73 FS. Law Implemented
					 253.002, 253.04, 253.67-.75,
					  253.77,
					  597.010 FS.
New 9-1-09, Amended 7-10-19,
					 11-15-23.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.900 - Forms (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.03(7),
					 253.73 FS. Law Implemented
					 253.03,
					 253.03(11),
					 253.77,
					 597.010
					 FS.
New 10-15-98, Amended 12-11-01, 9-1-09, Repealed
					 3-21-19.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-23 - STATE BUFFER PRESERVES › Section 18-23.002 - Scope and Goals

Current through Reg. 50, No. 138; July 16, 2024
(1) This chapter applies to all lands managed
				by the Office of Coastal and Aquatic Managed Areas that are on mainlands above
				the mean or ordinary high water line adjacent to aquatic preserves, and to
				natural islands lying within the Aquatic Preserves designated in Chapter 258,
				Part II, F.S., owned by the State. This chapter does not include spoil islands.
				The described lands on the mainland and the natural islands subject to this
				chapter are collectively entitled "Buffer Preserves."
(2) Contact the Office of Coastal and Aquatic
				Managed Areas, Department of Environmental Protection, 3900 Commonwealth
				Boulevard, MS 235, Tallahassee, FL 32399-3000 (telephone (850) 245-2094) for
				specific information regarding the geographic locations and boundaries of the
				Buffer Preserves.
(3) The
				management goals of the Buffer Preserves are to:
(a) Conserve and preserve natural values of
				ecosystems;
(b) Provide public
				access and recreation that is compatible with natural and cultural resource
				conservation;
(c) Protect and
				preserve wetlands, natural and water resources of adjacent aquatic preserves,
				parks and other special management areas administered by either the Department
				or other state, federal, or local government authorities;
(d) Protect and preserve native plant and
				animal species and natural communities, particularly any that are endangered or
				threatened;
(e) Restore natural
				communities and original ecosystem functions, which have been historically
				degraded;
(f) Protect cultural
				resources; and
(g) Enhance public
				appreciation for natural and cultural diversity.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-23 - STATE BUFFER PRESERVES › Section 18-23.007 - Activities in Buffer Preserves

Current through Reg. 50, No. 138; July 16, 2024
(1) The Buffer
				Preserves shall be open to the public from sunrise until sunset, except for
				those that are natural islands, which shall remain open at all times unless
				otherwise closed pursuant to the authority of the rules of this
				chapter.
(2) To conserve, preserve
				and restore the natural and cultural resources and ensure the safety and
				enjoyment of visitors, the following activities shall be limited or prohibited
				within the boundaries of the Buffer Preserves. The Buffer Preserve manager
				shall verbally authorize such activities only in the case of a life-threatening
				emergency or as part of a natural resource management program designed to
				promote environmental protection, which is approved by the Department. Any
				other authorization for any prohibited activity may be sought by submitting a
				written request to the Department of Environmental Protection, Office of
				Coastal and Aquatic Managed Areas, 3900 Commonwealth Boulevard, MS 235,
				Tallahassee, FL 32399-3000. A written request shall, at a minimum, contain the
				following information: name of requestor, contact person, address, telephone
				number, location of proposed activity, reason for proposed activity, and the
				number of people expected to participate in the proposed activity. Such
				requests shall only be granted if the Department determines that the proposed
				activity would not damage the natural or cultural resources. Such
				authorizations shall include any restrictions necessary to protect natural and
				cultural resources and shall contain provisions for revocation. The number of
				authorizations issued shall be limited by the Department if necessary to avoid
				cumulative impacts or address public safety concerns.
(a) Prohibited Activities:
1. Consumption of alcoholic beverages. This
				does not apply to the natural islands of the Buffer Preserves.
2. Hunting, harassing, possessing or trapping
				wildlife.
3. Use of animal trapping
				or concealment devices.
4. Use of
				firearms of any type or other weapons potentially dangerous to wildlife and
				humans, including shooting into Buffer Preserves from beyond the
				boundaries.
5. Admission of
				unleashed domestic animals, except those assisting the handicapped.
6. Transplantation or removal of any plant or
				animal, or parts of plants or animals (living or dead), except as provided
				herein.
7. Removal, disturbance,
				pollution or destruction of property, or natural or cultural
				resources.
8. Solicitation or
				distribution of commercial materials and advertising of any commercial event,
				other than Department materials or announcements of Department-sponsored or
				sanctioned events and gatherings.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-23 - STATE BUFFER PRESERVES › Section 18-23.010 - Enforcement

Current through Reg. 50, No. 138; July 16, 2024
(1) Violation of the rules of this chapter
				constitutes a non-criminal infraction and shall be punishable by fines as
				follows:
(a) A Minor Non-Destructive
				Violation, which includes violation of the following subparagraph
				 18-23.007(2)(a) 
				1. or 8., F.A.C., is punishable by a fine of $50.
(b) A Major Non-Destructive Violation, which
				includes violation of the following subparagraph
				 18-23.007(2)(b) 
				4., F.A.C., is punishable by a fine of $100.
(c) A Resource Damage Violation which
				includes violation of the following subparagraph
				 18-23.007(2)(a) 
				3., 5., 6. or 7. or  18-23.007(2)(b) 
				1., 2., 5. or 6., F.A.C., is punishable by a fine of $250.
(d) A Public Danger Violation, which includes
				violation of the following subparagraph
				 18-23.007(2)(a) 
				2. or 4. or  18-23.007(2)(b) 
				3., F.A.C., is punishable by a fine of $500.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-23 - STATE BUFFER PRESERVES › Section 18-23.011 - User Fees

Current through Reg. 50, No. 138; July 16, 2024
(1) Entry to the Guana Tolomato Matanzas
				National Estuarine Research Reserve (GTMNERR) (formerly named the Guana River
				State Park) shall be limited to designated entry points, except in
				emergencies.
(2) Admission fees
				shall be charged for entrance to the GTMNERR, the GTMNERR Environmental
				Education Center and the Rookery Bay National Estuarine Research Reserve
				Environmental Learning Center in accordance with the provisions of this
				section.
(3) Standard admission
				fees and other user fees shall be established on the basis of the following
				criteria: user demand, location of the property, costs of managing and
				operating the property and facilities, types of facilities available, season,
				and natural and historic resource values.
(4) Admission fees shall be waived for:
(a) Children under the age of 6
				years;
(b) Representatives of any
				governmental agency on official business; patients of Florida State Mental
				Institutions, clients of the Department of Juvenile Justice, the Department of
				Children and Family Services, and other similar institutions which are fully
				funded by federal, state, or local government, when the trip is sponsored and
				supervised by their respective institutions or agencies;
(c) School groups, including vocational
				schools, colleges and universities, accompanied by one or more teachers, and
				bearing a letter from the school principal, professor or other appropriate
				official stating that the visit is related to a specific school curriculum and
				is for educational purposes rather than a purely recreational outing;
(d) Tradesmen or other individuals who will
				benefit the Office of Coastal and Aquatic Managed Areas;
(e) Employees of the Office of Coastal and
				Aquatic Managed Areas and their families; and
(f) Florida citizens possessing a current
				Social Security disability award certificate or proof of a 100% disability
				award from the federal government or other governmental
				agency.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-24 - FLORIDA FOREVER LAND ACQUISITION AND MANAGEMENT › Section 18-24.002 - Public Purposes and Categories of Projects Qualifying for Funding

Current through Reg. 50, No. 138; July 16, 2024
(1) Projects proposed to be funded pursuant
				to Section  259.105(3)(b),
				F.S., must meet at least one of the criteria outlined under Section
				 259.105(9),
				F.S., and further described in Rule
				 18-24.0021, F.A.C., and shall
				meet at least two of the Florida Forever goals and measures outlined in Section
				 259.105(4),
				F.S., and further described in Rule
				 18-24.0022, F.A.C.
(2) To qualify for funding under Section
				 259.105(3)(b),
				F.S., a project also must be selected pursuant to the provisions of this rule,
				except as follows:
(a) An inholding or an
				addition to a project acquired by the Fund under Section
				 259.105(3)(b),
				F.S., if the estimated value of the inholding or addition does not exceed $500,
				000, and the managing agency demonstrates in writing to the Division of State
				Lands that such inholding or addition is in furtherance of the public purpose
				established for the original acquisition project, or of the current public
				purpose, if changed;
(b) The
				remaining lands of a project which has been removed from the acquisition list
				because 90% or more of the acreage has been purchased by the state;
(c) Lands which qualify for emergency
				acquisition by the Board, under the Emergency Archaeological Property
				Acquisition Act of 1988, Section
				 253.027, F.S.;
(d) Lands which qualify for emergency
				acquisition by the Board pursuant to Section
				 259.041(15)(c),
				F.S., when a significant portion of the lands contain natural communities or
				plant or animal species which are listed by the Florida Natural Areas Inventory
				as critically imperiled, imperiled, or rare, or as excellent quality
				occurrences of natural communities;
(e) De minimis lands; or
(f) Lands acquired to facilitate resolution
				of a pending lawsuit involving the Board, when the Council determines that the
				property to be acquired is consistent with the goals and measures of the
				Florida Forever Program but was not proposed as an acquisition project under
				the Program due to its litigation status; and the Board determines the property
				to be acquired to be of significant natural or historical resource value and
				its purchase to be in the public interest.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-24 - FLORIDA FOREVER LAND ACQUISITION AND MANAGEMENT › Section 18-24.0022 - Florida Forever Goals and Numeric Performance Measures

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Florida Forever goals and measures described in this rule apply to all programs
				that receive Florida Forever Trust Funds pursuant to Section
				 259.105(3),
				F.S., or funds deposited into the Land Acquisition Trust Fund pursuant to s.
				28(a), Art. X of the State Constitution. Some goals and measures are specific
				to acquiring land, while others are primarily measures for capital improvement
				expenditures. Some measures are not directly related to Florida Forever program
				activities per se, but are general ecosystem function measures that may have an
				indirect connection or a post-acquisition land management or land use
				component. Some measures are specific to one or more of the programs funded
				under Florida Forever pursuant to Section
				 259.105(3),
				F.S., while the majority of the goals and measures overlap with several
				programs.
(2) The council shall
				employ the following Florida Forever goals and measures when evaluating,
				selecting and ranking acquisition projects. Numeric values for these measures
				shall be supplied to the Council pursuant to paragraph
				 18-24.006(3)(c),
				F.A.C.:
(a) Enhance the coordination and
				completion of land acquisition projects, as measured by:
1. The number of acres proposed to be
				acquired that contribute to the enhancement of essential natural resources
				(such as retention of biodiversity and water quantity and quality), ecosystem
				service parcels (such as those that assist in carbon sequestration, flood
				control and storm surge protection), and connecting linkage corridors, as
				identified and developed by the best available scientific analysis, and
				measured under goals paragraphs (2)(b), (c), (d) and (g) of this
				rule.
2. The number of acres
				proposed to be protected through the use of alternatives to fee-simple
				acquisition.
3. The number of
				Florida Forever acquisition funding partners and partners with other funding
				sources, including the percent of funding to be derived from partnerships, and
				the estimated amount of funds to be made available by the funding
				partners.
4. For ranking purposes
				only, the remaining acres and percent completion of each project on the Florida
				Forever list.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-24 - FLORIDA FOREVER LAND ACQUISITION AND MANAGEMENT › Section 18-24.004 - Initial Review of Project Proposals

Current through Reg. 50, No. 138; July 16, 2024
(1) Complete
				applications shall receive an initial review by the Council starting within 60
				days, or at the next regularly scheduled Council meeting, whichever occurs
				later. Initial review by the Council will consist of:
(a) Review of information provided by the
				applicant and other relevant information provided by Council staff, the Florida
				Natural Areas Inventory, Florida Fish and Wildlife Conservation Commission,
				Department of Environmental Protection, Department of State's Division of
				Historical Resources, Department of Community Affairs, Department of
				Agriculture and Consumer Services' Division of Forestry, and including
				consultation with the applicable water management district on projects where
				hydrological considerations are integral to the proposal.
(b) Verification that staff has notified all
				local governments within whose jurisdiction an acquisition project is
				located.
(c) Review of the comments
				provided by the public in support of, or in opposition to, each acquisition
				project application, including those obtained at one or more public
				hearings.
(d) Review of all
				evaluations and comments received.
(e) Review of the specific Florida Forever
				goals and measures met by the acquisition project to ensure compliance with
				subsection  18-24.002(1),
				F.A.C. Acquisition projects not complying with subsection
				 18-24.002(1),
				F.A.C., shall not be considered further.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-24 - FLORIDA FOREVER LAND ACQUISITION AND MANAGEMENT › Section 18-24.005 - Full Review of Project Proposals

Current through Reg. 50, No. 138; July 16, 2024
(1) An
				affirmative vote of at least five council members shall be required to initiate
				a full review of a project proposal.
(2) For all acquisition project applications
				voted by the Council to receive full review, a Project Evaluation Report shall
				be prepared by staff and presented to the Council. The Project Evaluation
				Report shall:
(a) Confirm or revise, as
				appropriate, the information provided in the initial acquisition project
				application and initial review.
(b)
				Provide a review, including a site visit by staff, of the natural resources,
				physical, hydrological, recreational, archaeological, historical, and
				geographic characteristics of the components of the application to determine:
1. The number of Florida Forever goals and
				measures that are met by the project, and the extent to which the project
				contributes to meeting each of those goals and measures.
2. The number of Florida Forever criteria
				that are met by the project, and the extent to which the project contributes to
				meeting each of those criteria.
(c) Provide the Council with each reporting
				element required by Section
				 259.105(15),
				F.S.
(d) Include an assessment of
				the relative values of the proposed project for each criterion and goal, and
				overall, to assist the Council in grouping projects recommended for approval as
				outlined in Rule  18-24.006, F.A.C.
(e) Include a confirmation of the project
				boundary as contained in the application and recommend boundary adjustments
				needed for resource protection, acquisition planning, and management, within
				the constraints of Section 259.105(7)(b)2., F.S. This shall include a
				recommendation for which portions of the project required to be purchased, if
				any, might be declared surplus to the purposes of the project.
(f) Include a recommended manager for the
				project and a brief rationale for the recommendation, a management policy
				statement, and a management prospectus prepared pursuant to Section
				 259.032,
				F.S.