Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.004 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
(1) "Act" means the provisions of Sections
				 258.397 and
				 258.35 through
				 258.46, F.S. Pursuant to the
				provisions of Section
				 258.39(27),
				F.S., where Sections  258.397 and
				 258.35 through
				 258.46, F.S., conflict, the
				stronger provision for the maintenance of the preserve shall prevail.
(2) "Activity" means any project and such
				other human action within the preserve which may require a license from the
				Department of Environmental Protection.
(3) "Aesthetic values" means scenic
				characteristics or amenities of the preserve in its essentially natural state
				or condition, and the maintenance thereof.
(4) "Applicant" means any person making
				application for a permit, license, conveyance of an interest in state owned
				lands or any other necessary form of governmental approval in order to perform
				an activity within the preserve.
(5) "Biological values" means the
				preservation and promotion of indigenous life forms and habitats, including but
				not limited to, sponges, soft corals, hard corals, seagrasses, mangroves, mud
				flats, marine reptiles, game and non-game fish species, marine mammals,
				tropical marine invertebrates, birds and shellfish.
(6) "Board" means the Governor and Cabinet
				sitting as the Board of Trustees of the internal Improvement Trust
				Fund.
(7) "Commercial/industrial
				dock" means a dock which is located on or over submerged lands and which is
				used to produce income, or which serves as an inducement to renting,
				purchasing, or using accompanying facilities including without limitation
				multi-family residential facilities. This term shall be construed to include
				any dock not a private dock.
(8)
				"Department" means the State of Florida Department of Environmental Protection,
				as administrator for the Board.
(9)
				"Dock" means a fixed or floating structure, including moorings, used for the
				purpose of berthing buoyant vessels either temporarily or
				indefinitely.
(10) "Essentially
				natural condition" means those conditions which support the continued existence
				or encourage the restoration of the diverse population of indigenous life forms
				and habitats to the extent they existed prior to the significant development
				adjacent to and within the preserve.
(11) "Extreme hardship" means a significant
				burden, unique to the applicant and not shared by property owners in the area.
				Self-imposed circumstances caused to any degree by actions of any person
				subsequent to the enactment of the Act shall not be construed as an extreme
				hardship. Extreme hardship under this act shall not be construed to include any
				hardship which arises in whole or in part from the effect of other federal,
				state or local laws, ordinances, rules, or regulations. The term may be
				inherent in public projects which are shown to be a public necessity.
(12) "Fill" means materials deposited by any
				means onto submerged lands or transitional zones or submerged lands below mean
				high water within the preserve.
(13) "Lease" means a conveyance of interest
				in lands, title to which is vested in the Board, granted in accordance with
				specific terms set forth in writing.
(14) "Marina" means a small craft harbor
				complex used primarily for recreation.
(15) "Person" means individuals, minors,
				partnerships, corporations, joint ventures, estates, trusts, syndicates,
				fiduciaries, firms, and all other associations and combinations, whether public
				or private, including governmental entities.
(16) "Pier" means a structure on or over the
				submerged lands which is used by the public primarily for fishing, swimming,
				sunbathing, or viewing the bay. A pier shall not include a dock.
(17) "Preserve" means the Biscayne Bay
				Aquatic Preserve which is an exceptional area of submerged bay lands and
				natural waterways tidally connected to the bay, including all privately and
				publicly owned submerged lands, the water column over such other lands, all
				publicly owned islands, and such other lands as the Board may purchase or
				approve for inclusion.
(18)
				"Private dock" means a dock located on or over submerged lands, which is used
				for private leisure purposes for a single family dwelling unit and does not
				produce income.
(19) "Project"
				means any human action within the preserve requiring the use, sale, lease or
				transfer of interest in sovereignty lands or severance of materials from
				sovereignty lands.
(20) "Public
				interest" means demonstrable environmental, social, and economic benefits which
				would accrue to the public at large as a result of a proposed action, and which
				would clearly exceed all demonstrable environmental, social, and economic costs
				of the proposed action. In determining the public interest in a request for
				use, sale, lease, or transfer of interest in sovereignty lands or severance of
				materials from sovereignty lands, the Board shall consider the ultimate project
				and purpose to be served by said use, sale, lease, or transfer or severance of
				materials.
(21) "Public navigation
				project" means a project primarily for the purpose of navigation which is
				authorized and funded by the United States Congress or by port authorities as
				defined by Section  315.02(2),
				F.S.
(22) "Public necessity" means
				works or improvements required for the protection of the health and safety of
				the public, consistent with the Act and these rules, for which no other
				reasonable alternative exists.
(23)
				"Quality of the preserve" means the degree of the biological and aesthetic
				values of the preserve necessary for present and future enjoyment of it in an
				essentially natural condition.
(24)
				"Resource management agreement" means a contractual agreement between the Board
				and one or more parties which does not create an interest in real property but
				merely authorizes conduct of certain management activities on lands held by the
				Board.
(25) "Riparian rights" means
				those rights incident to lands bordering upon navigable waters, as recognized
				by the courts of this state and common law.
(26) "Sale" means a conveyance of interests
				in lands, by the Board, for consideration.
(27) "Spoil" means materials dredged from
				submerged lands which are redeposited or discarded, by any means, onto either
				submerged lands or uplands not for the purpose of creating new
				uplands.
(28) "Transfer" means the
				act of the Board by which any interest in lands, including easements, other
				than sale or lease, is conveyed.
(29) "Upland canal" means an artificial
				waterway, irrespective of its purpose which is constructed above the mean high
				water line, and which is connected, or intended to be connected, to the waters
				of the preserve.
(30) "Utility of
				the preserve" means fitness of the preserve for the present and future
				enjoyment of its biological and aesthetic values in an essentially natural
				condition.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(4)
					 FS.
New 3-20-80, Formerly 16Q-18.04,
					 16Q-18.004.