40B-9.021. Definitions

When used in this part, the term:

(1) “Access” means a point where the public can enter District lands by foot, horseback or non-motorized vehicles.

(2) “Aircraft” means any vehicle supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces, including powered airplanes, gliders, helicopters, or unmanned aerial vehicles.

(3) “Boating” includes the use of any type of motorized or non-motorized vessel on water.

(4) “Camping” means to use a vehicle, tent, or other shelter, and/or to arrange bedding with the intent to stay overnight.

(5) “Commercial activity” means the sale or leasing, or offering for sale or lease, for profit any merchandise or service associated with the use of District lands including, but not limited to, providing guide services, vehicles or animals on District lands.

(6) “Conservation easement” means a right of interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition. A conservation easement restricts the underlying fee owner’s use of the property consistent with the purpose of the easement. Conservation easements are perpetual, undivided interests in property that run with the land. District conservation easements are governed by Section 704.06, F.S.

(7) “Daytime Hours” means one and one-half hour before sunrise to one and one-half hour after sunset.

(8) “Department” means the Florida Department of Environmental Protection or its successor agency or agencies.

(9) “District” means the Suwannee River Water Management District.

(10) “District lands” or “District real property” means any fee simple interest or other interests in real property titled to the District.

(11) “District lease” means the granting of either an exclusive or non-exclusive use of or interest in District real property for a specified period of time.

(12) “Entrance” means a designated location or boundary where public motorized vehicle access to District lands is authorized.

(13) “Facility” or “Structure” means any object placed on District lands intended to be permanently attached to the land, or which would be considered a fixture under Florida Law.

(14) “Firearms and similar devices” means shotguns, rifles, muzzle loading guns, pistols, revolvers, air guns, gas guns, blow guns, bows, crossbows, spear guns, or any other device capable of mechanically propelling an arrow, spear, or other projectile.

(15) “Governing Board” means the Governing Board of the Suwannee River Water Management District.

(16) “Historic resource” means any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value, or folklife resources. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historic or archaeological value, or any part thereof, relating to history, government, and culture of the state.

(17) “Management plan” means the District Land Management Plan adopted by the Governing Board that details the District’s land management activities or other property specific land management plan adopted by the Governing Board.

(18) “Mobility-impaired person” means a person who is permanently physically disabled by being either paraplegic, hemiplegic, or quadriplegic, permanently dependent upon a wheelchair for ambulation or permanently required to use assisting aids to walk, or having had a complete single-leg amputation above the knee.

(19) “Motorized vehicle” means any vehicle which travels over land on wheels and is partially or completely powered by a motor, as well as animal-drawn carriages and buggies.

(20) “Paintball equipment” means paint balls, paintball guns, refillable gas tanks, paintball gun propellant canisters, paintball targets, and any other device associated with paintball activities.

(21) “Public road” means any road, path, land, or trail designated by name, number or map for public motorized vehicle access.

(22) “Resource-based recreational purpose” means any outdoor activity that depends on natural resources and includes, but is not limited to, fishing, hunting, horseback riding, bicycling, swimming, camping, hiking, boating, diving, wildlife viewing and other passive recreation.

(23) “Secondary road” means any road, path, land, or trail designated by name, number or map for public motorized vehicle access. Secondary road conditions may require four-wheel drive vehicles, all-wheel drive vehicles or other vehicles as set forth in Rule 40B-9.131, F.A.C.

(24) “Special Use Authorization” means the granting of a privilege to use District lands for specified purposes and does not confer any property or possessory interest to the holder.

(25) “Survey” means a certified survey signed by a licensed land surveyor authorized to practice surveying in the State of Florida.

(26) “Surveillance Camera” means any device or hardware placed on District lands that takes photographs or videos while unattended or overnight.

Rulemaking Authority 373.044, 373.083, 373.139 FS. Law Implemented 259.01, 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 4-1-93, 5-31-09, 7-21-10, 5-9-17.