Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.006 - Uses, Sales, Leases or Transfers of Interests in Lands or Materials Held by the Board

Current through Reg. 50, No. 138; July 16, 2024
(1) A use, sale, lease or transfer of
				sovereign lands or materials shall be subject to such terms, conditions or deed
				restrictions as the Board deems necessary to protect the quality or utility of
				the preserve and further the intent of the Act and these rules. A condition of
				a sale, lease or transfer of sovereign land materials shall be the applicant's
				reimbursement for the Department's cost of advertising and notification of
				adjacent property owners.
(2) The
				document which manifests a use, sale, lease or transfer of lands or materials
				shall state, with particularity, the projects to be conducted. Additional
				projects not expressly included in the document are prohibited and may be
				conducted only after further approval by the Board.
(3) Uses, Sales, Leases, or Transfers of
				Interests in Lands.
(a) All projects to be
				conducted on lands held by the board shall require prior approval of the Board
				in the form of a sale, lease, or transfer agreement, or a resource management
				agreement for the proposed use of such land.
(b) There shall be no further use, sale,
				lease, or transfer of interests in sovereignty submerged lands unless an
				applicant affirmatively demonstrates sufficient facts to support a finding by
				the Board that:
(I) An extreme hardship exists
				for the applicant at the time the application is filed; and,
(II) The use, sale, lease, or transfer of
				interest and the project planned in conjunction with the use, sale, lease or
				transfer of interest are in the public interest; and,
(III) The project planned in conjunction with
				the use, sale, lease, or transfer of interest is consistent with these rules
				and management plans when developed for the preserve;
(IV) If there are to be structures
				constructed, or dredging and filling undertaken on the sovereignty submerged
				land, the project for which a use, sale, lease or transfer of interest of
				sovereignty submerged lands is sought shall be one of the following:
1. A public navigation project,
2. Creation or maintenance of a
				commercial/industrial dock,
3.
				Creation or maintenance of a marina,
4. Creation or maintenance of a pier,
5. Creation or maintenance of a
				shore protection structure,
6.
				Installation or maintenance of approved navigational aids,
7. Creation or replacement of structures
				required for the installation or expansion of public utilities, and
8. Other projects which are a public
				necessity or which are necessary to enhance the quality or utility of the
				preserve and which are consistent with the Act and this chapter.
(V) In the case of the
				projects enumerated in sub-sub-subparagraphs
				 18-18.006(3)(b)(IV) 
				1., 2., 3., 4., 5. and 6., F.A.C., the project is designed so that the
				structure or structures to be built in, on, or over submerged lands are limited
				to structures necessary to conduct water dependent activities; and no other
				reasonable alternative exists which would allow the proposed project to be
				constructed or undertaken outside the preserve.
(c) A commercial/industrial dock on
				sovereignty lands shall require a lease. Private docks to be constructed and
				operated on sovereignty lands shall not require a lease of those
				lands.
(d) The failure of the Board
				to affirmatively find that a project complies with the provisions of paragraph
				 18-18.006(3)(b),
				F.A.C., shall preclude a finding of consistency with these rules and management
				plans when developed for the preserve.