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 18-2.019 - Procedures to Obtain Authorization

Current through Reg. 50, No. 138; July 16, 2024
(1) Written
				authorization from the Trustees is required to conduct activities on
				Trustee-owned uplands.
(2) An
				applicant shall have 90 days to respond to a request for additional
				information. If the additional information is not received by the division
				within the 90 day period, the application shall be considered
				deactivated.
(3) Public notice.
(a) After receiving an application in
				compliance with such forms as may be required by this rule requesting the
				Trustees to sell, exchange, lease, or grant an easement on, over, under, above,
				or across any land to which it holds title, the Trustees must provide notice of
				the application. The notice must include the name and address of the applicant;
				a brief description of the proposed activity and any mitigation; the location
				of the proposed activity, including whether it is located adjacent to an
				Outstanding Florida Water or an aquatic preserve; a map identifying the
				location of the proposed activity subject to the application; a diagram of the
				limits of the proposed activity; and a name or number identifying the
				application and the office where the application can be inspected. A copy of
				this notice must be sent to those persons who have requested to be on a mailing
				list and to each owner of land lying within 500 feet of the land proposed to be
				leased, sold, exchanged, or granted for an easement, addressed to such owner as
				his name and address appears on the latest county tax assessment
				roll.
(b) The department shall
				consider comments and objections received in response to the public notice in
				reaching its decision to approve or deny use of Trustees-owned lands for a
				proposed activity. If objections are raised which show that the activity does
				not conform to the requirements of this rule, and the local public would be
				affected by the activity, the department shall hold an informal public hearing
				in the county in which the subject property lies.
(c) The department shall provide notice of
				intended agency action to the applicant and to those who have requested a copy
				of the intended agency action for that application.
(d) In addition to the notice and publication
				requirements of paragraph (a) above, before any lease for oil and gas
				activities within a radius of 3 miles of the boundaries of any incorporated
				city, or town, or within such radius of any bathing beach, or beaches, outside
				thereof is offered, the department shall hold a public hearing. Such public
				hearing shall be noticed by publication once in a newspaper of general
				circulation, published at least one week prior to said hearing, in the vicinity
				of the land, or lands, offered to be leased. After such hearing, the board may
				withdraw said land, or any part thereof, from the market, and refuse to execute
				such lease or leases if it considers such execution contrary to the public
				welfare.
(e) Failure to provide the
				notice as set out in paragraphs (a) and (c) will not invalidate the sale,
				exchange, lease, or easement.
(f)
				The notice and publication requirements of this paragraph do not apply to:
1. The release of any reservations contained
				in Murphy Act deeds or other deeds of the Trustees;
2. Any conveyance of uplands which do not
				exceed 5 acres in area;
3. The
				lease or easement for any land when the land is being leased to a state
				agency;
4. The conveyance of lands
				pursuant to the provisions of Section
				 373.4592, F.S.; or
5. Renewals, modifications or
				assignments.
6. Leases where
				management of a property has been determined through the selection process for
				a state acquisition list.