18-21.022. Payments and Fees for Aquacultural Activities

(1) The application fee for an aquaculture lease is $200.00.

(2) The fee for assignment, sublease or transfer of an aquaculture lease is $50.00.

(3) The annual rental fees for aquaculture authorizations shall be the dollar amount of the fixed rate consideration as determined by the Board in accordance with Section 253.71(2), F.S., but not less than $15.00 per acre, or fraction thereof, for a bottom lease and $30 per acre, or fraction thereof, when the lease includes the water column: bottom leases are considered to include six inches of the water column above the bottom.

(4) The annual fee may be revised and increased or decreased based on the average change over time in the price paid by all urban consumers for a market basket of consumer goods and services. In determining the change, the Board will annually consult the Consumer Price Index figures established for the previous five years by the Bureau of Labor Statistics, computed as provided in the BLS Publication “Handbook of Methods,” Chapter 17, June 2007, which is hereby adopted and incorporated by reference and may be obtained on the Internet at http://www.flrules.org/Gateway/reference.asp?No=Ref-10655 or by writing to the Division of Aquaculture at 600 S. Calhoun Street, Suite 217, Tallahassee, Florida 32399. There shall be a 10 percent cap on any annual increase.

(5) An annual surcharge of $10.00 per acre, or any fraction of an acre, shall be levied on each aquaculture lease pursuant to Sections 253.71(2)(a) and 597.010(7), F.S.

(6) Invoices will be sent to each leaseholder 60 days before the payment is due, stating the amount of the annual lease fee and surcharge. If the lease fee and surcharge are not received within sixty days of the payment date specified in the lease agreement, DACS shall revoke the lease.

(7) Any financial or production data related to the proposed aquacultural activity necessary for purposes of negotiation shall be supplied by the applicant upon DACS’ request.

(8) Fees for experimental aquacultural activities on aquaculture leases or aquaculture management agreement areas for state agencies, public, and nonprofit research institutions shall be waived by the Board upon proof of public or nonprofit status.

Rulemaking Authority 253.03(7), (11), 253.73 FS. Law Implemented 253.002, 253.04, 253.67-.75, 253.77, 597.010 FS. History–New 9-1-09, Amended 7-10-19, 11-15-23.