18-21.0082. Applications for Special Event Authorizations

(1) Class II Letter of Consent. Applications for a Class II Letter of Consent for special events shall include the following:

(a) Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable;

(b) Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map;

(c) A detailed statement of the proposed activity;

(d) A letter affirming that the special event will not be a revenue generating/income producing activity;

(e) Dimensioned site plan drawing(s), with the following requirements:

1. Using an appropriate scale on an 8 1/2" x 11" page size;

2. Showing the approximate water’s edge;

3. Showing the location of the shoreline vegetation, if existing;

4. Showing the boundary of the proposed preempted area;

5. Showing the upland parcel property lines and associated riparian rights lines of any riparian owners of adjacent uplands; and,

6. Showing the primary navigation channels or direction to the center of the affected waterbody.

(f) A list of names and addresses of all riparian owners of adjacent uplands, verified by the County Property Appraiser’s Office that these names came from the latest tax assessment rolls. Such owners shall be notified by certified mail of any application for a consent of use prior to approval by the Board. In lieu of the Board providing notice of the application, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department. “Riparian owners of adjacent uplands” are owners of upland property landward of the special event, where any point on the boundary of the preempted area of the special event, as identified in the application, is located within the upland owner’s riparian rights area.

(g) Name, address, and telephone number of the owner of any marina to be utilized for the special event, and a copy of any existing sovereign submerged land lease for such marina, or the name of the governmental entity that is the riparian owner of the adjacent uplands, along with the address and telephone number of a contact person for the governmental entity.

(2) Class III Single Event Lease and Class IV Special Events Lease.

(a) Applications for Class III and IV leases for special events shall include the following:

1. Name, address, email address, and telephone number of applicant and applicant’s authorized agent, if applicable;

2. Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map;

3. A detailed statement of the proposed activity, including the sizes and types of vessels proposed to use the facility or associated with a special event, when applicable;

4. Name, address, email address, and telephone number of the owner of any marina to be utilized for the special event, and a copy of any existing sovereign submerged land lease for such marina, or the name of the governmental entity that is the riparian owner of the adjacent uplands, along with the address and telephone number of a contact person for the governmental entity.

5. A sketch, on an 8 1/2" x 11" page size, prepared, signed, and sealed by a Florida registered professional engineer or Florida registered Professional Surveyor and Mapper. The sketch shall include the following information:

a. The location and dimensions of all proposed and existing structures, such as mooring pilings, total number of existing and proposed slips, and the location of any fueling and sewage pumpout facilities within the proposed lease area;

b. The location of the approximate mean or ordinary high water line;

c. The proposed boundary of the preempted area, showing scaled 1927 or 1983 North American Datum (NAD) coordinates of the preempted area (or scaled from a USGS Quad Sheet or other comparable map), which includes: a description of the proposed preempted area; the section, township, range, county, and waterbody of the proposed location; the legal description of the riparian upland property adjacent to the area of sovereignty submerged lands proposed to be preempted by the event; and the square footage calculations of the proposed preempted area;

d. The linear footage of the riparian upland shoreline adjacent to the area of sovereignty submerged lands preempted by the event;

e. The upland parcel property lines and associated riparian rights lines of any riparian owners of adjacent uplands;

f. The primary navigation channels or direction to the center of the affected waterbody;

g. Distance from the riparian lines to any proposed structures;

h. If located in an aquatic preserve, show the condition (natural or seawall) of the shoreline along the lease area plus 1,000 feet on both sides;

i. North arrow and graphic scale; and,

j. The boundaries, locations, and types of sensitive resources within the preempted area, such as denning, feeding, or breeding areas of threatened or endangered species; submerged vegetation beds and emergent shoreline vegetation; shellfish beds; and hardbottom communities such as coral.

6. A list of names and addresses of all riparian owners of adjacent uplands and all property owners within a 500-foot radius of the proposed preempted area, verified by the County Property Appraiser’s Office, that these names came from the latest tax assessment rolls. Such owners shall be notified by certified mail of any application for a special event authorization prior to approval by the Board. In lieu of the Board providing notice of the application, an applicant may elect to send the notice, provided the notice is sent by certified mail, with the return-receipt card addressed to the Department. “Riparian owners of adjacent uplands” are owners of upland property landward of the special event, where any point on the boundary of the preempted area of the special event, as identified in the application, is located within the upland owner’s riparian rights area. The Board also shall require the applicant to publish a notice of receipt of the application, at the applicant’s expense, in a newspaper of general circulation within the affected area; proof of such publication shall be provided to the Board within 20 days of the date of publication.

7. Information required by form 18-21.900(1), Billing Information Form, which provides billing information; sales tax information; and other data required in accordance with section 24.115(4), F.S.

8. If the event will extend beyond the boundary of an existing lease, a copy of the existing lease.

9. Basis for computation of the special event fee including: the total square footage of preempted sovereign submerged land to be leased, and gross rental income in accordance with rule 18-21.011, F.A.C.

10. A schedule of the dates of requested preemption of sovereignty submerged lands.

(b) Whenever the estimated costs of removal of the structures and the fees due exceed $10,000, non-riparian applicants for Class III and IV leases shall provide evidence of financial resources to cover the costs of removal of temporary structures and payment of all fees due under rule 18-21.011, F.A.C. Such evidence shall be updated prior to each special event for recurring special events. Proof of sufficient financial resources may be demonstrated by any one of, or a combination of, the following:

1. Posting of a surety or property bond with the Board equal to or exceeding the estimated cost of removal of the structures and all fees due;

2. Irrevocable letter of credit in the name of the Board in an amount equal to or exceeding the estimated cost of removal of the structures and all fees due;

3. Insurance or financial tests and corporate guarantees showing the applicant has sufficient financial resources to cover the estimated costs of removal of the structures and all fees due;

4. Submittal of a contract with a third party covering all phases of removal of structures and final site clean-up; or

5. An agreement allowing the Board to impose a lien against the real and personal property of the applicant for the unpaid costs and fees. The agreement shall include proof of ownership of such real and personal property, and the appraised unencumbered value of which shall equal or exceed the estimated cost of removal of the structures and all fees due under rule 18-21.011, F.A.C.

However, such evidence of financial resources shall not be required when an applicant is a governmental entity or has previously demonstrated substantial compliance with the terms of any prior leases or authorizations from the Board for the five preceding consecutive special events or during the preceding five-year period.

(c) Class III and IV leases shall be subject to the following provisions:

1. A Class III single event lease is limited to a maximum of 45 consecutive days per event. A Class IV special events lease shall be available for a term of up to 10 years.

2. Class III and Class IV leases shall specify a period of 45 or fewer days within which any preemption for an event will occur.

3. No construction, activities, or preemption shall occur until a Class III single event lease is issued, or a Class IV special events lease or modified lease is executed.

4. Payment of fees shall be pursuant to paragraph 18-21.011(1)(d), F.A.C.

5. A Class III or IV lease shall not alter the terms and conditions of existing leases.

6. Reconfigurations of structures within the boundaries of the preempted area shall be allowed without a formal modification to the Class III or IV lease, provided the reconfiguration avoids areas of sensitive resources identified in the lease. A sketch of the reconfiguration shall be provided to the Board within 30 days of the end of special event period.

Rulemaking Authority 253.03(7), 253.0345, 253.73, 379.2341 FS. Law Implemented 253.03, 253.0345, 253.04, 253.115, 253.141, 253.77 FS. History–New 10-15-98, Amended 3-21-19.