18-21.002. Scope and Effective Date

(1) These rules are to implement the administrative and management responsibilities of the Board, the Department of Environmental Protection and the Department of Agriculture and Consumer Services regarding sovereignty submerged lands. Responsibility for environmental permitting of activities and water quality protection on sovereignty and other lands is vested with the Department of Environmental Protection. The responsibility for managing aquacultural activities on sovereignty lands is vested with the Department of Agriculture and Consumer Services. These rules are considered cumulative. Therefore, a person planning an activity should consult other applicable rules of the Department of Environmental Protection and the Department of Agriculture and Consumer Services regarding aquacultural activities.

(2) These rules shall not affect previous actions of the board concerning private docks or the issuance of any easement, lease or any disclaimer concerning sovereign submerged lands. Fee arrangements in existing leases and easements shall not be subject to the fees of this rule until expiration of the current term unless otherwise specified in the lease or easement.

(3) Unregistered grandfathered structures which would require a lease pursuant to paragraph 18-21.005(1)(d), F.A.C., shall be brought under lease.

(4) Any expansion of an existing activity shall be subject to the provisions of this rule.

(5) It is declared to be the intent of the board that if any section, subsection, sentence, clause, phrase, or provision of this rule is held invalid or unconstitutional, such invalidation or unconstitutionality shall not be construed as to render invalid or unconstitutional the remaining provisions of this rule.

Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented 253.002(1), 253.03, 253.12, 253.68, 253.77 FS. History–New 3-27-82, Amended 8-1-83, 9-4-84, Formerly 16Q-21.02, 16Q-21.002, Amended 12-25-86, 3-15-90, 9-1-09, 3-21-19.