reglab/statecodes huggingface dataset:
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.008 - Negotiations

Current through Reg. 50, No. 138; July 16, 2024
(1) The Division, or the acquiring agency if
				any, may initiate acquisition negotiations upon receipt of the approved
				appraisal reports in accordance with Section
				 253.025(6)  or
				 259.041(7),
				F.S. The Division may negotiate and enter into an option agreement for
				acquisition of conservation lands prior to or after the receipt and approval of
				appraisals, subject to the conditions established in Section
				 259.041(7)(f),
				F.S., and this chapter. All owner contact shall be documented in the
				appropriate acquisition file of the Division or acquiring agency. Initial
				contact with the landowner by the Division or acquiring agency may be
				established prior to negotiations, provided such contact is limited to the
				following:
(a) To inform the owner of the
				land acquisition program under which the project is being considered, and to
				request the owner's permission for the Division or the acquiring agency to
				inspect the property in order to determine its suitability for the purposes of
				the Division or the acquiring agency.
(b) To ascertain or confirm the owner's
				interest in conveying the property to the State.
(c) To explain in general terms that tax
				advantages for land donations and bargain sales to the State may exist, and to
				recommend the owner confer with his tax adviser about the possibility of such
				advantages.
(d) To request written
				permission from the owner to have his property appraised.
(e) To discuss the timing of possible future
				acquisitions, and the competition for funds under the various State acquisition
				programs.
(f) To discuss the matter
				of representation of the owner by an agent in any future negotiations, and the
				necessary confirmation by the owner of the agent's status.
(g) To request available title
				data.
(h) To advise of disclosure
				requirements.
(i) To request
				available property survey data.
(j)
				To discuss other information pertinent to the acquisition process in
				general.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.009 - Purchase Instruments

Current through Reg. 50, No. 138; July 16, 2024
(1) The final
				negotiated purchase shall be placed in the form of a written purchase
				instrument signed by the owner and, if applicable, the acquiring agency. Option
				agreements entered into prior to approval of the appraisals must be signed on
				behalf of the Board by the Secretary or the Director.
(2) When an acquiring agency is negotiating
				the acquisition and obtaining the owner's signature on a purchase instrument,
				the acquiring agency shall use a form of purchase instrument approved by the
				Director as meeting the intent of the law and this rule.
(3) Before the purchase instrument is
				submitted to the Board for approval, the provisions of Section
				 286.23, F.S., shall be complied
				with.
(4) A purchase instrument
				approved by the Board shall be binding on all parties.
Rulemaking Authority
					 253.025(12),
					 259.041 FS. Law Implemented
					 253.025,
					 259.041
					 FS.
New 6-16-86, Amended
					 4-14-08.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.010 - Exchanges

Current through Reg. 50, No. 138; July 16, 2024
(1) All exchanges of real property owned by
				the Board for other land shall be approved by the Board in the same manner as
				other acquisitions, and shall be placed in the form of a written exchange
				agreement reviewed and approved by the Division.
(2) Prior to the closing of any exchange the
				real property to be conveyed by the Board must comply with all applicable legal
				requirements pertaining to surplus real property owned by the Board.
				Acquisition of the land to be conveyed to the Board must be in accordance with
				Section  253.025 or
				 259.041, F.S., and this
				chapter.
Rulemaking Authority
					 253.025,
					 259.041 FS. Law Implemented
					 253.025,
					 259.041
					 FS.
New 6-16-86, Amended
					 4-14-08.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.011 - Board Action

Current through Reg. 50, No. 138; July 16, 2024
(1) Within ten days after the execution by an
				owner of a purchase instrument for an acquiring agency, the acquiring agency
				will furnish the following to the Division:
(a) The original of the purchase
				instrument.
(b) A copy of the
				owner's disclosure form under Section
				 286.23, F.S.
(c) Evidence of the marketability of the
				title. The Division may agree to defer submittal and approval of the title
				commitment until after Board approval of the purchase instrument. In such case
				the acquiring agency shall provide the Division with a copy of the owner's deed
				to the property.
(d) The approved
				appraisal reports.
(e) A letter
				from the acquiring agency stating that the inventory of existing State-owned
				lands was examined and contains no suitable available land for the agency's
				use, or that the property proposed for purchase is within a project on the
				council or other land acquisition program lists.
(f) A written statement by the acquiring
				agency outlining the public purpose for which the acquisition is being made,
				citing statutory authority, or stating that the property proposed for purchase
				is within a project on the council or other land acquisition program
				lists.
(g) A written statement
				signed by the owner confirming the owner's relationship with his
				agent.
(h) A written confirmation
				by the acquiring agency of the source and availability of funding for the
				acquisition.
(i) A copy of the
				current certified survey or appraisal map, approved by the Division in
				accordance with this rule.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.012 - Closing

Current through Reg. 50, No. 138; July 16, 2024
(1) The Director shall have the authority to
				modify, at the request of the acquiring agency, the purchase instrument
				previously approved by the Board to extend the time for option exercise,
				closing date, submittal deadlines or any other time limit relating to such
				agreement, provided the total extension of time for closing does not exceed 180
				calendar days after the date contemplated in the purchase instrument approved
				by the Board. The Director shall also have the authority to execute or modify
				all documents necessary for the implementation of Board action, including
				without limitation the option agreement, purchase agreement, exchange
				agreement, option exercise, leases, easements, legal descriptions, deeds,
				assignments, title policies and other miscellaneous agreements and affidavits,
				provided the modification does not change the substance nor the scope of Board
				approval, and provided the document executed or modified was either approved by
				the Board or contemplated by Board approval. Any changes in the purchase price
				to be paid to the seller not contemplated by the terms of the purchase
				instrument must be approved by the Board. An extension or modification may only
				be made under the terms of the purchase instrument, or with the seller's
				agreement.
(2) The Division or the
				acquiring agency, if any, shall obtain all disclosures of beneficial interest
				required in Section  286.23, F.S., before submitting
				a purchase instrument to the Board for approval. All other disclosures,
				including those required by Sections
				 375.031(1)  and
				 380.08(2),
				F.S., shall be obtained prior to closing. Disclosures not required by statute
				may be waived by the Director in the case of acquisitions of property for a
				price of $250, 000 or less where the Director finds that the difficulty on the
				person providing such disclosures outweighs the value of the disclosed
				information to the Department or the acquiring agency. The following
				information shall also be included in the statement supplied by the owner prior
				to closing:
(a) The total amount of any
				finder's fee, real estate commission or other similar commission, including a
				statement as to whom those fees will ultimately be paid;
(b) The total amount of the attorney's fees
				paid to the owner's attorney, including a statement as to whom these fees will
				ultimately be paid;
(c) The amounts
				of other costs incidental to the sale, indicating to whom these sums have been
				or are to be paid.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.013 - Donations

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board will consider accepting
				donations of land if the following conditions are met:
(a) The conveyance must be by no less than a
				special warranty deed, unless the conveyance is from the Federal Government, a
				county government, or another state agency or, if a gift or donation by
				quitclaim deed, the Board determines that accepting such quitclaim deed is in
				the best interest of the public.
(b) Evidence of marketable title must be
				supplied either by the landowner, the Division, or the acquiring or managing
				agency or waived in accordance with Section
				 253.025 or
				 259.041, F.S., as
				applicable.
(c) The Division must
				verify that the State of Florida has no title or sovereignty interest in the
				land.
(d) A determination as to who
				will manage the land must be made by the Division.
(e) An acceptable survey must be submitted to
				and approved by the Division in accordance with this chapter. The acquiring or
				managing agency of the donated land may provide a current certified survey, in
				the event such survey is not provided from another source. The survey
				requirement shall be waived by the Board if the Board determines that the
				donated lands are in their natural unimproved condition and no improvements are
				contemplated, if the donated lands are completely surrounded by State-owned
				lands, if a survey cannot practically be completed, or where the cost of the
				survey would be prohibitive relative to the expected value of the
				parcel.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-1 - STATE LAND ACQUISITION PROCEDURES (FORMERLY 16Q-3) › Section 18-1.014 - Multi-Party Acquisitions

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				Division may enter into an acquisition agreement with a water management
				district, a local government or a nonprofit organization as defined in Section
				 253.025(6)(d) 
				or  259.041(7)(e),
				F.S., for any property that has been authorized for acquisition pursuant to
				Section  253.025 or
				 259.041, F.S.
(2) The Division and a cooperating agency
				must execute an acquisition agreement prior to the cooperating agency obtaining
				title to, or any other legal interest in, the property to be
				acquired.
(3) An acquisition
				agreement may provide for the sharing of appraisals, offers, and other
				negotiation matters, between the Division and cooperating agency; provided,
				however that agreement shall require the cooperating agency to follow Division
				procedures and this chapter when acquiring appraisals and to deliver to the
				Division all negotiation files after negotiations with the owner have
				terminated. As a condition of the sharing of confidential information, the
				cooperating agency must agree to maintain, on its behalf and on behalf of its
				employees and agents, the confidentiality of appraisals, offers, and other
				negotiation matters, as required by Section
				 253.025 or
				 259.041, F.S., whichever is
				applicable, and this chapter, and the cooperating agency must obtain the
				consent of the Division prior to disclosing the information to any other
				person.
Rulemaking Authority
					 253.025,
					 259.041 FS. Law Implemented
					 253.025,
					 259.041
					 FS.
New 1-29-90, Amended 1-2-91, 10-30-91,
					 4-14-08.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-2 - MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES › Section 18-2.020 - Payments and Consideration

Current through Reg. 50, No. 138; July 16, 2024
(1) Leases.
(a) Consideration for private leases shall be
				based upon appraisal services obtained as provided in Chapter 18-1, F.A.C.,
				except for oil and gas leases.
(b)
				For leases, other than oil and gas, staff will recommend awarding of the lease
				to the bidder offering the highest annual rental.
(c) For oil and gas leases, staff will
				recommend awarding of the lease to the bidder offering the highest
				bonus.
(d) Annual payments for oil
				and gas leases shall be determined by whether the leased parcel is producing or
				non-producing, as follows:
1. If the leased
				parcel is non-producing, the annual rental fee shall be $3.50 per net mineral
				acre.
2. If the leased parcel is
				producing, the royalties shall be as follows:
a. The royalty shall be 1/4 when the lease
				area is located within a section that is contiguous to any section with
				hydrocarbon production or a shut in well capable of producing hydrocarbons.
				However, if there is an intervening dry hole, the royalty shall be
				1/5;
b. The royalty shall be 1/5
				when the lease area is located at least one mile but no more than 3 miles from
				any section with hydrocarbon production or a shut in well capable of producing
				hydrocarbons. However, if there is an intervening dry hole in the 1/5 royalty
				area, the royalty shall be 1/6;
c.
				The royalty shall be 1/6 when the lease area is more than 3 miles from any
				section with hydrocarbon production or a shut in well capable of producing
				hydrocarbons.
d. An intervening dry
				hole must be located between a producing well and the proposed lease area and
				must be at least to the depth of or the stratigraphic equivalent of the well
				proposed to be drilled on the lease area.
e. Where multiple wells are drilled and the
				geographic location raises doubt as to whether the royalty for a potential new
				location is 1/4, 1/5 or 1/6, the higher royalty shall prevail.
f. As used in reference to oil and gas
				leases, a chart entitled "Royalty Areas Defined, " is shown as Exhibit
				"B."
(e) The
				annual payment for mineral leases, other than oil and gas leases, shall be a
				predetermined percentage of revenues received from the extraction of mineral
				based on current fair market practices.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-2 - MANAGEMENT OF UPLANDS VESTED IN THE BOARD OF TRUSTEES › Section 18-2.021 - Land Management Planning and Land Use Evaluation Procedures of the Acquisition and Restoration Council

Current through Reg. 50, No. 138; July 16, 2024
(1) The Council
				shall hold periodic meetings at the request of the chair. The meetings shall be
				recorded electronically and such records shall be preserved pursuant to
				Chapters 119 and 267, F.S.
(2)
				Responsibilities and Procedures.
(a) The
				responsibilities of the council shall include:
1. Reviewing each plan or sublease over 160
				acres, and each surplus land determination within 60 days after receipt from
				the division.
2. Considering the
				propriety of the agency's recommendations regarding the future use of the land,
				protection of fragile and non-renewable resources, maintenance and use of
				renewable resources.
3. Identifying
				the potential for alternative or multiple uses not recognized by the managing
				agency.
4. Identifying lands
				surplus to the agency's need which could be used by or reserved for other
				agency use or disposed of as surplus.
5. Considering whether lands would be more
				appropriately owned or managed by a county or other local government and
				whether a sale, lease, or other conveyance would be in the interests of the
				State and local government.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-14 - ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF › Section 18-14.001 - Definitions

Current through Reg. 50, No. 138; July 16, 2024
As used in this rule chapter:
(1) "Board" means the Governor and Cabinet
				sitting as the Board of Trustees of the Internal Improvement Trust
				Fund.
(2) "Department" means the
				Department of Environmental Protection.
(3) "Fine" means a monetary assessment
				imposed on a person or the agent of a person who willfully damages state lands,
				willfully damages or removes products of state lands in violation of state or
				federal law, or knowingly refuses to comply with or willfully violates Chapter
				253, F.S.
(4) "Offense" means each
				day during any portion of which a violation of Chapter 253, F.S., and this rule
				occurs.
(5) "Person" means
				individuals, firms, associations, joint adventures, partnerships, estates,
				trusts, business trusts, syndicates, fiduciaries, corporations, and all other
				groups or combinations; and a political subdivision of the state.
(6) "Products" means, without limitation,
				indigenous, planted or exotic trees and other vegetation, or portions thereof;
				peat; solid minerals, phosphate, or limestone; oil or gas; metals; or other
				inorganic material, such as sand or gravel. For purposes of this rule, animal
				wildlife within the jurisdiction of the Florida Fish and Wildlife Conservation
				Commission and seashells shall not be considered products of state
				lands.
(7) "State land" means that
				land, title to which is vested in the Board pursuant to Section
				 253.03,
				F.S.
Rulemaking Authority
					 253.04(2) FS.
					 Law Implemented 253.04
					 FS.
New 7-7-85, Formerly 16Q-14.01,
					 16Q-14.001.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-14 - ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF › Section 18-14.002 - Determination of Fines

Current through Reg. 50, No. 138; July 16, 2024
(1) A person or
				agent of a person who willfully damages state land, willfully damages or
				removes products from state land in violation of state or federal law, or
				knowingly refuses to comply with or willfully violates the provisions of
				Chapter 253, F.S., shall also be in violation of this rule and shall incur a
				fine up to $10, 000 per offense.
(2) When determining the amount of a fine to
				be imposed, the Board shall consider:
(a) The
				value of products removed from state land;
(b) The diminished value of state land or
				products, or the cost of restoring the affected state land or
				products;
(c) Lost revenue from
				impaired use of the affected state land;
(d) The need to deter future violations by
				removing any economic benefits to the violator from failure to comply with the
				law;
(e) Aggravating or mitigating
				circumstances specific to the violation, including the nature and extent of the
				violation, a violator's degree of cooperation in correcting the violation and a
				violator's good faith efforts to negotiate a settlement before formal legal
				proceedings begin; and,
(f) Lost or
				impaired opportunities for public use of the affected state
				land.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-14 - ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF › Section 18-14.003 - Violations

Current through Reg. 50, No. 138; July 16, 2024
It shall be a violation of this rule for any person or the
				  agent of any person to knowingly refuse to comply with any provision of Chapter
				  253, F.S., willfully violate any provision of Chapter 253, F.S., or to
				  willfully damage state land (the ownership or boundaries of which have been
				  established by the state) or products thereof, by doing any of the
				  following:
(1) Fill, excavate, or
				dredge, including prop dredging in a manner which produces a defined channel,
				on state land without the lease, license, easement or other form of consent
				required by the Board.
(2) Remove,
				in violation of state or federal law, any product from state land without
				written approval or specific exemption from the Board or Department.
(3) Discharge contaminants, wastes,
				effluents, sewage or any other pollutant as defined in Chapter 376 or 403,
				F.S., on, under or over state land; when such discharge is in violation of
				Chapter 403, F.S., or conditions of a permit issued pursuant to that chapter,
				or conditions of a lease or easement issued pursuant to Chapter 253,
				F.S.
(4) Maintain, place or build
				permanent or temporary structures, including, but not limited to, additions to
				existing structures; all structures whose use is not water-dependent; sanitary
				septic systems; fences, docks and pilings; houses; oil rigs; and utility
				installations on or over state land without consent or authority from the Board
				or Department.
(5) Place garbage,
				refuse, or debris on or over state land without approval by the Board or
				Department.
(6) Any other willful
				act that causes damage to state land, or products thereof, when such activity
				occurs without the required approval by the Board or
				Department.
Rulemaking Authority
					 253.04(2) FS.
					 Law Implemented 253.04
					 FS.
New 7-7-85, Formerly 16Q-14.03,
					 16Q-14.003.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-14 - ADMINISTRATIVE FINES FOR DAMAGING STATE LANDS OR PRODUCTS THEREOF › Section 18-14.004 - Applicability (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 253.04(2) FS.
					 Law Implemented 253.04
					 FS.
New 7-7-85, Formerly 16Q-14.04, 16Q-14.004, Repealed
					 3-12-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.001 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) The Biscayne Bay Aquatic Preserve, the
				boundaries of which are fully described in Rule
				 18-18.002, F.A.C., was
				established for the purpose of preserving and enhancing Biscayne Bay and all
				natural waterways tidally connected to the bay in an essentially natural
				condition so that its biological and aesthetic values may endure for the
				enjoyment of future generations.
(2) These rules shall apply to all lands
				public and private within the boundaries of the preserve. However, privately
				owned uplands shall be excluded from these rules except as otherwise provided
				for herein.
(3) In promulgating and
				implementing these rules, it is the intent of the Department to construe the
				provisions of Sections
				 258.397 and
				 258.35 through
				 258.46, F.S., together and to
				apply the more stringent statutory provisions for the maintenance of the
				preserve.
(4) The preserve shall be
				administered and managed in accordance with the following goals:
(a) To preserve, protect, and enhance
				Biscayne Bay and all natural waterways tidally connected to the bay by
				reasonable regulation of human activity within the preserve through the
				development and implementation of a comprehensive management program;
(b) To protect and enhance the waters of the
				preserve so that the public may continue to enjoy the traditional recreational
				uses of those waters such as swimming, boating and fishing;
(c) To coordinate with federal, state, and
				local agencies to aid in carrying out the intent of the legislature in creating
				the preserve;
(d) To use applicable
				federal, state, and local management programs, which are compatible with the
				intent and provisions of the Act and these rules, to assist in managing the
				preserve;
(e) To encourage
				activities that protect or enhance the biological and aesthetic values of the
				preserve, including but not limited to the modification of existing manmade
				conditions towards their natural condition, when reviewing applications or
				developing and implementing management plans for the preserve;
(f) To preserve and promote 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;
(g) To acquire
				additional title interests in land wherever such acquisitions would serve to
				protect or enhance the biological or aesthetic values of the
				preserve.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.005 - General Management Criteria

Current through Reg. 50, No. 138; July 16, 2024
Before the Board approves the sale, lease of transfer of
				  interest in state lands or severance of materials therefrom, or the Secretary
				  comments favorably concerning activities on private lands within the preserve,
				  an applicant must affirmatively demonstrate, where applicable, that:
(1) Proposed dredging is the minimum
				necessary to accomplish the stated purpose and that the activity is designed to
				minimize the need for maintenance dredging;
(2) No new lands will be created by filling
				or spoiling unless no other alternative exists to accomplish the stated
				purposes, and project is designed to require the minimum filling to accomplish
				the stated purpose of the activity consistent with the protection of the
				preserve;
(3) Marina facilities
				over water are restricted to those water dependent activities necessary to
				service boats and allow for fishing or fish cleaning activities and are
				designed to allow the unimpeded flow of water and minimize bottom
				shading;
(4) Docks and piers are
				designed to allow the unimpeded flow of water and minimize bottom
				shading;
(5) Utility cables are
				placed within the bottom or laid on the bottom and located along a route in a
				manner which will cause minimum disturbance to the marine habitats;
(6) Dredged spoil materials are disposed of
				outside of the preserve unless the applicant affirmatively demonstrates that
				the spoil will not be harmful to or will benefit the quality or utility of the
				preserve.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(3), (4)
					 FS.
New 3-20-80, Formerly 16Q-18.05,
					 16Q-18.005.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.007 - Activities Involving Lands and Materials Not Held by the Board

Current through Reg. 50, No. 138; July 16, 2024
(1) The applicant for activities on lands not
				owned by the Board must be the owner of record, or his authorized agent. The
				applicant shall submit to the Department evidence of ownership or other forms
				of legal entitlement as part of the application for activities on lands not
				owned by the Board.
(2)
				Applications for activities on lands not owned by the Board shall be reviewed
				by the Department for consistency with these rules and management plans when
				developed for the preserve.
(3)
				Nothing in these rules shall be construed to impose any of the requirements set
				forth in subsections (1) and (2) above upon development undertaken on upland
				portions of islands not owned by the Board in the preserve that does not
				require a license pursuant to the water quality, dredge and fill and solid
				waste provisions of Chapter 253 or 403, F.S.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(2), (4)
					 FS.
New 3-20-80, Formerly 16Q-18.07,
					 16Q-18.007.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.008 - Cumulative Impacts

Current through Reg. 50, No. 138; July 16, 2024
In evaluating applications for activities within the
				  preserve, the department recognizes that, while a particular alteration of the
				  preserve may constitute a minor change, the cumulative effect of numerous such
				  changes often results in major impairments to the resources of the preserve.
				  Therefore, the Department shall evaluate a particular site for which the
				  activity is proposed with the recognition that the activity is part of a
				  complete and interrelated system. The impact of a proposed activity shall be
				  considered in light of its cumulative impact on the preserve's natural systems.
				  The Department shall include as a part of its evaluation of an activity:
(1) The number and extent of similar human
				actions within the preserve which have previously affected or are likely to
				affect the preserve, whether considered by the Department under its current
				authority or which existed prior to or since the enactment of the Act; and,
(2) The similar activities within
				the preserve which are currently under consideration by the Department; and,
(3) Direct and indirect effects
				upon the preserve which may be reasonably expected to result from the activity;
				and,
(4) The extent to which the
				activity is consistent with management plans for the preserve when developed;
				and,
(5) The extent to which the
				activity is permissible within the preserve in accordance with comprehensive
				plans adopted by affected local governments.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(4), (a)
					 FS.
New 3-20-80, Formerly 16Q-18.08,
					 16Q-18.008.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.009 - Exchange of Lands

Current through Reg. 50, No. 138; July 16, 2024
The Board in its discretion may exchange lands for the
				  benefit of the preserve, provided that:
(1) In no case shall an exchange result in
				any land or water area being withdrawn from the preserve; and,
(2) Exchange shall be in the public interest
				and shall maintain or enhance the quality or utility of the
				preserve.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(2), (3)
					 FS.
New 3-20-80, Formerly 16Q-18.09,
					 16Q-18.009.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.011 - Agreements (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(3)
					 FS.
New 3-20-80, Formerly 16Q-18.11, 16Q-18.011, Repealed
					 3-8-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.012 - Fishing

Current through Reg. 50, No. 138; July 16, 2024
(1) Fishing involving the use of seines or
				nets is prohibited in the preserve, except when the fishing is for shrimp or
				mullet.
(2) Taking of fin fish by
				fish traps, setting of fish traps, or causing such fish traps to be used within
				the preserve is prohibited, except that fish traps no larger than two (2) cubic
				feet with a maximum opening size of one (1) inch by four (4) inches may be used
				for obtaining bait, provided that such traps must be equipped with a
				biodegradable door or panel.
(3)
				Fishing activities from boats using seines or nets shall not be conducted
				within 1, 000 feet of a bridge or fishing pier.
(4) Taking of indigenous life forms for sale
				or commercial use is prohibited, except that this prohibition shall not extend
				to the taking of fin fish or crustacea which may be taken commercially under
				applicable laws, rules or regulations.
(5) Members of the public may exercise their
				rights to fish, subject to statutory and regulatory provisions controlling such
				activities.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(4)(a),
					 (c) FS.
New 3-20-80, Formerly 16Q-18.12,
					 16Q-18.012.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.013 - Additional Provisions

Current through Reg. 50, No. 138; July 16, 2024
(1) Neither the
				establishment nor the management of the preserve shall operate to unreasonably
				infringe upon the riparian rights of upland property owners adjacent to or
				within the preserve.
(2) The Board
				encourages the creation of further management criteria or plans to enhance or
				protect the preserve. A management plan, which includes an inventory of
				resources and a management scheme to further aid in the maintenance and
				enhancement of the biological and aesthetic qualities of the preserve, shall be
				developed for the preserve. This management plan shall be prepared by the
				department or by other public or private entities in cooperation with the
				Department. Such criteria and plans, when developed, may be submitted to the
				board for consideration and inclusion in the board's management plan for the
				preserve.
(3) Nothing in these
				rules shall serve to eliminate or alter the requirements or authority of other
				governmental agencies, including counties and municipalities, to protect or
				enhance the preserve provided that such requirements or authority are not
				inconsistent with the Act and these rules.
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(4), (5)
					 FS.
New 3-20-80, Formerly 16Q-18.13,
					 16Q-18.013.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.014 - Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Applications for activities within the
				preserve to use sovereign submerged lands that also require an Environmental
				Resource Permit under Part IV of Chapter 373, F.S., shall be made to the
				Department of Environmental Protection using the Joint Application for:
				Environmental Resource Permit (Part IV, Chapter 373, F.S.), Authorization to
				Use State Owned Submerged Lands/Federal Dredge and Fill Permit, form number
				subsection  62-343.900(1),
				F.A.C., as cited in Rule
				 62-343.900, F.A.C. For
				activities within the Preserve that are grandfathered under Sections
				 373.414(11) through
				(16), F.S., Form
				 62-312.900(1),
				Joint Application for Works in the Waters of Florida, shall be used. Copies of
				Forms  62-343.900(1) 
				and  62-312.900(1) 
				and instructions are available by writing to the Division of Water Resource
				Management, MS 2500, Department of Environmental Protection, 2600 Blair Stone
				Road, Tallahassee, Florida 32399-2400, or any local district or branch office
				of the Department. For activities within the Preserve that require a Joint
				Coastal Permit under Chapter 62B-49, F.A.C., DEP Form 73-500, effective 6/95,
				shall be used. A copy of the form can be obtained by writing to the Office of
				Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300,
				Department of Environmental Protection, Tallahassee, Florida
				32399-3000.
(2) The Department
				shall review all information provided by the applicant to determine if the
				application supplies the information necessary to evaluate the application for
				matters within the purview of the department. Within 30 days of receipt of the
				application, the department shall notify the applicant in writing of any
				additional information it requires.
(3) No application shall be considered
				complete until the Department receives the following:
(a) All information requested by the
				Department in accordance with subsection
				 18-18.014(2),
				F.A.C.
(b) The hydrographic and/or
				biological survey if required.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-18 - BISCAYNE BAY AQUATIC PRESERVE › Section 18-18.016 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.397(4) FS.
					 Law Implemented 258.397(7),
					 258.46
					 FS.
New 3-20-80, Formerly 16Q-18.16, 16Q-18.016, Repealed
					 3-8-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.001 - Intent

Current through Reg. 50, No. 138; July 16, 2024
(1) All sovereignty lands within a preserve
				shall be managed primarily for the maintenance of essentially natural
				conditions, the propagation of fish and wildlife, and public recreation,
				including hunting and fishing where deemed appropriate by the Board, and the
				managing agency.
(2) Aquatic
				preserves which are described in Part II of Chapter 258, F.S., were established
				for the purpose of being preserved in an essentially natural or existing
				condition so that their aesthetic, biological and scientific values may endure
				for the enjoyment of future generations.
(3) The preserves shall be administered and
				managed in accordance with the following goals:
(a) To preserve, protect, and enhance these
				exceptional areas of sovereignty submerged lands by reasonable regulation of
				human activity within the preserves through the development and implementation
				of a comprehensive management program;
(b) To protect and enhance the waters of the
				preserves so that the public may continue to enjoy the traditional recreational
				uses of those waters such as swimming, boating, and fishing;
(c) To coordinate with federal, state, and
				local agencies to aid in carrying out the intent of the Legislature in creating
				the preserves;
(d) To use
				applicable federal, state, and local management programs, which are compatible
				with the intent and provisions of the act and these rules, and to assist in
				managing the preserves;
(e) To
				encourage the protection, enhancement or restoration of the biological,
				aesthetic, or scientific values of the preserves, including but not limited to
				the modification of existing manmade conditions toward their natural condition,
				and discourage activities which would degrade the aesthetic, biological, or
				scientific values, or the quality, or utility of a preserve, when reviewing
				applications, or when developing and implementing management plans for the
				preserves;
(f) To preserve,
				promote, and utilize indigenous life forms and habitats, including but not
				limited to: sponges, soft coral, hard corals, submerged grasses, mangroves,
				salt water marshes, fresh water marshes, mud flats, estuarine, aquatic, and
				marine reptiles, game and non-game fish species, estuarine, aquatic and marine
				invertebrates, estuarine, aquatic and marine mammals, birds, shellfish and
				mollusks;
(g) To acquire additional
				title interests in lands wherever such acquisitions would serve to protect or
				enhance the biological, aesthetic, or scientific values of the
				preserves;
(h) To maintain those
				beneficial hydrologic and biologic functions, the benefits of which accrue to
				the public at large.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.005 - Uses, Sales, Leases, or Transfer of Interests in Lands, or Materials, Held by the Board (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.02,
					 253.12,
					 258.42
					 FS.
New 2-25-81, Formerly 16Q-20.05, 16Q-20.005, Repealed
					 8-7-85.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.006 - Cumulative Impacts

Current through Reg. 50, No. 138; July 16, 2024
In evaluating applications for activities within the
				  preserves or which may impact the preserves, the Board recognizes that, while a
				  particular alteration of the preserve may constitute a minor change, the
				  cumulative effect of numerous such changes often results in major impairments
				  to the resources of the preserve. Therefore, the particular site for which the
				  activity is proposed shall be evaluated with the recognition that the activity
				  may, in conjunction with other activities, adversely affect the preserve which
				  is part of a complete and interrelated system. The impact of a proposed
				  activity shall be considered in light of its cumulative impact on the
				  preserve's natural system. The evaluation of an activity shall include:
(1) The number and extent of similar human
				actions within the preserve which have previously affected or are likely to
				affect the preserve;
(2) The
				similar activities within the preserve which are currently under consideration
				by the department and the water management districts;
(3) Direct and indirect effects upon the
				preserve and adjacent preserves, if applicable, which may reasonably be
				expected to result from the activity;
(4) The extent to which the activity is
				consistent with management plans for the preserve, when developed;
(5) The extent to which the activity is
				permissible within the preserve in accordance with comprehensive plans adopted
				by affected local governments, pursuant to Section
				 163.3161, F.S., and other
				applicable plans adopted by local, state, and federal governmental
				agencies;
(6) The extent to which
				the loss of beneficial hydrologic and biologic functions would adversely impact
				the quality or utility of the preserve; and,
(7) The extent to which mitigation measures
				may compensate for adverse impacts.
Rulemaking Authority
					 258.396(4),
					 258.43(1) FS.
					 Law Implemented 258.36,
					 258.43,
					 258.44
					 FS.
New 2-25-81, Formerly 16Q-20.06, 16Q-20.006, Amended
					 9-29-97.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.007 - Protection of Riparian Rights (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.123,
					 253.124(8),
					 258.44
					 FS.
New 2-25-81, Formerly 16Q-20.07, 16Q-20.007, Repealed
					 8-7-85.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.008 - Inclusion of Lands, Title to Which Is Not Vested in the Board, in a Preserve (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.40,
					 258.41
					 FS.
New 2-25-81, Formerly 16Q-20.08, 16Q-20.008, Repealed
					 3-8-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.009 - Establishment or Expansion of Aquatic Preserves (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.41
					 FS.
New 2-25-81, Formerly 16Q-20.09, 16Q-20.009, Repealed
					 3-8-12.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.010 - Exchange of Lands

Current through Reg. 50, No. 138; July 16, 2024
The Board in its discretion may exchange lands for the
				  benefit of the preserve, provided that:
(1) In no case shall an exchange result in
				any land or water area being withdrawn from the preserve; and,
(2) Exchanges shall be in the public interest
				and shall maintain or enhance the quality or utility of the
				preserve.
Rulemaking Authority
					 258.396(4),
					 258.43(1) FS.
					 Law Implemented 258.41(5),
					 258.42(1)
					 FS.
New 2-25-81, Formerly 16A-20.10,
					 16Q-20.010.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.011 - Gifts of Lands (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.42(5)
					 FS.
New 2-25-81, Formerly 16Q-20.11, 16Q-20.011, 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 18-20.012 - Protection of Indigenous Life Forms

Current through Reg. 50, No. 138; July 16, 2024
The taking of indigenous life forms for sale or commercial
				  use is prohibited, except that this prohibition shall not extend to the
				  commercial taking of fin fish, crustacea or mollusks, except as prohibited
				  under applicable laws, rules or regulations. Members of the public may exercise
				  their rights to fish, so long as not contrary to other statutory and regulatory
				  provisions controlling such activities.
Rulemaking Authority
					 258.396(4),
					 258.43(1) FS.
					 Law Implemented 258.43(1)
					 FS.
New 2-25-81, Formerly 16Q-20.12,
					 16Q-20.012.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.013 - Development of Resource Inventories and Management Plans for Preserves

Current through Reg. 50, No. 138; July 16, 2024
(1) The Board authorizes and directs the
				Division to develop a resource inventory and management plan for each
				preserve.
(2) The Board authorizes
				the Division to perform the work to develop the inventories and plans, or may
				enter into agreements with other persons to perform the work. In either case,
				the inventories, management plans and all work performed shall be subject to
				approval by the Board, which shall weigh and balance the criteria set forth in
				subsection  18-20.001(3),
				F.A.C.
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 253.03(7),
					 253.03(8)
					 FS.
New 2-25-81, Amended 8-7-85, Formerly 16Q-20.13,
					 16Q-20.013, Amended 3-25-19.
Florida Administrative Code › 18 - BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND › 18 - Departmental › Chapter 18-20 - FLORIDA AQUATIC PRESERVES › Section 18-20.014 - Enforcement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 258.43(1) FS.
					 Law Implemented 258.46
					 FS.
New 2-25-81, Formerly 16Q-20.14, 16Q-20.014, 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 18-20.015 - Application Form (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-20.15, 16Q-20.015, Repealed
					 8-7-85.