Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-21 - SOVEREIGNTY SUBMERGED LANDS MANAGEMENT › Section 18-21.0051 - Delegation of Authority

Current through Reg. 50, No. 138; July 16, 2024
(1) The purpose
				of this section is to delegate certain review and decision-making authority of
				the Board, regarding the use of sovereignty submerged lands, to the Secretary
				of the Department of Environmental Protection, the Commissioner of Agriculture,
				and the Governing Boards of the Northwest Florida Water Management District,
				Suwannee River Water Management District, the St. Johns River Water Management
				District, the Southwest Florida Water Management District, and the South
				Florida Water Management District, as applicable.
(2) The Secretary of the Department of
				Environmental Protection and the Governing Boards of the Northwest Florida
				Water Management District, Suwannee River Water Management District, the St.
				Johns River Water Management District, the Southwest Florida Water Management
				District, and the South Florida Water Management District are delegated the
				authority to review and take final agency action on applications to use
				sovereignty submerged lands when the application involves an activity for which
				that agency has permitting responsibility, as set forth in the respective
				operating agreements between the Department and the water management districts
				identified in subsection
				 62-113.100(3),
				F.A.C., unless the final agency action is to approve any of the following
				proposed activities:
(a) Proposed leases or
				modifications to existing leases having a preempted area, as defined in rule
				 18-21.003, F.A.C., of more than
				150, 000 square feet, including proposed leases for mooring fields that don't
				qualify for the general permit under rule
				 62-330.420, F.A.C., and
				additions to existing docking facilities where the size of the proposed
				additional preempted area exceeds 10% of the existing preempted area and the
				total of existing and proposed additional preempted area exceeds 150, 000
				square feet.
(b) Private easements
				of more than 5 acres, except for the installation of telecommunication lines
				and associated conduits in special consideration areas designated in paragraph
				 18-21.004(2)(l),
				F.A.C., in which case, prior to taking final agency action for such
				installations, staff will provide the Board with notice and an opportunity to
				request that the application be placed on the Trustees agenda or the removal of
				pre-cut sunken timber.
(c) Open-air
				dining areas that do not meet the criteria in subparagraph
				 18-21.004(1)(g) 
				1., F.A.C.
(d) The establishment of
				a mitigation bank.
(e) Applications
				involving approval of an exception to the maximum cumulative preemption for a
				private residential multi-family dock or pier in accordance with subparagraph
				 18-21.004(4)(b) 
				2., F.A.C., or
(f) Public mooring
				fields that have a preempted area of more than 150, 000 square feet that don't
				qualify for the general permit under rule
				 62-330.420, F.A.C. or public
				mooring fields with tenancy between 6 - 12 months that do not meet the criteria
				in paragraph  18-21.004(1)(o),
				F.A.C., or public mooring fields with tenancy longer than 12
				months.