68D-24.004. Private Submerged Land Seagrass Protection Boating Restricted Areas

(1) Owners of private submerged lands that are adjacent to Outstanding Florida Waters, as defined in section 403.061, F.S., or an aquatic preserve established under sections 258.39-258.399, F.S., may apply to the Commission to have a boating restricted area established on the private submerged lands to protect any seagrass or contiguous seagrass habitat from seagrass scarring due to propeller dredging. In order to protect the boating public and prevent navigational hazards, private submerged lands with less than ten acres of seagrass or contiguous seagrass habitat, which would otherwise qualify for boating restricted area under this section shall not be established as seagrass protection boating restricted areas.

(2) Private lands submerged by more than six feet of water at mean lower low water shall not qualify for a boating restricted area under this rule.

(3) For purposes of this rule, the following definitions shall apply:

(a) “Adjacent” means wholly within, partially within, bounded by, or having a common border on at least one side or part.

(b) “Seagrass” means Cuban shoal grass (Halodule wrightii), turtle grass (Thalassia testudinum), manatee grass (Syringodium filiforme), star grass (Halophila engelmannii), paddle grass (Halophila decipiens), Johnson’s seagrass (Halophila johnsonii), or widgeon grass (Ruppia maritima).

(c) “External propeller limitation zone” means a boating restricted area in which all vessels equipped with both an internal combustion motor (e.g. gasoline or diesel motors) and one or more propellers in the water for propulsion must turn off the internal combustion motor and, if possible to do so, tilt or raise the propeller out of the water. Vessels propelled solely by polling, paddling, floating, electric motors, or internal combustion motors without an external propeller may proceed through the zone with no restrictions.

(d) “Straight-line boundary” means an area delineated totally by a series of straight lines without the use of curves or meanders; each straight line generally being a minimum length of 200 feet; interior angles generally being greater than 60 degrees.

(4) To apply for a boating restricted area pursuant to this rule an owner must submit a complete application to the Commission, Division of Law Enforcement, Boating and Waterways Section, in writing, which shall include each of the following, in hard copy no larger than 8 1/2 inches by 11 inches, and in digital format (for example, GIS geodatabase file) for all required surveys and maps:

(a) A cover letter from the owner of the submerged lands for which the boating restricted area is being sought, which includes a statement that the owner is seeking a boating restricted area pursuant to this rule, as well as the date of application and the name, mailing address, electronic mail address, telephone number, and signature of the owner;

(b) A recorded deed from the County in which the property is located, providing proof of ownership by the applicant of the submerged lands for which the boating restricted area is being sought;

(c) Documentation of a title determination request from the Department of Environmental Protection, Division of State Lands verifying the private ownership of the lands for which the boating restricted area is being sought;

(d) Supporting documents provided by a professional surveyor or mapper or a professional engineer licensed to conduct business in the state of Florida that include the following:

1. A survey map, or maps, describing locations and juxtaposition of the following:

a. The submerged private property;

b. The adjacency of the submerged private property with an Outstanding Florida Water or aquatic preserve;

c. The requested straight-line boating restricted area;

d. The seagrass or contiguous seagrass habitat within the submerged private property;

e. Water depths within the submerged private property, along with the 6-foot contour line if applicable, referenced to mean lower low water;

2. Metes and bounds legal descriptions of the following boundaries:

a. The submerged private property;

b. The adjacency of the submerged private property with an Outstanding Florida Water or aquatic preserve;

c. The requested straight-line boating restricted area;

3. Statements as to the acreage encompassed by the following boundaries:

a. The submerged private property;

b. The requested straight-line boating restricted area;

c. The seagrass and contiguous seagrass habitat to be protected within the requested straight-line boating restricted area;

(e) An environmental survey from an environmental consultant or professional with experience in identifying seagrass communities which contains the following:

1. A statement of which species of seagrasses, if any, are present on the private submerged lands for which the owner is seeking a boating restricted area;

2. Maps and detailed physical descriptions of the boundaries of the seagrass and contiguous seagrass habitat which shall be incorporated into the supporting documents to be provided by a professional surveyor or mapper or professional engineer licensed to conduct business in the State of Florida as described above in paragraph (d).

(5) Complete applications may be submitted in the following manner:

(a) By mail or in person to the Fish and Wildlife Conservation Commission, Boating and Waterways Section, 620 South Meridian Street, Tallahassee, Florida 32399-1600; or

(b) By electronic mail to [e-mail].

(6) The Boating and Waterways Section shall not process partial or incomplete applications.

(7) Upon receipt of all statements and other documents specified above, the Boating and Waterways Section shall determine whether or not the application is complete.

(a) If the application is not substantially complete or has not been completed substantially correctly, the Boating and Waterways Section shall, within 30 days following receipt, return it to the applicant with a statement of the items that are missing or that must be corrected.

(b) If the application is substantially complete and only minor additions or corrections are required, the Boating and Waterways Section shall, within 30 days following receipt, notify the applicant of the apparent errors or omissions and request the required additional or corrected information. If the requested additional or corrected information is not received within 60 days, the Boating and Waterways Section shall deny the application without prejudice.

(8) Within 30 days following receipt of a completed application, the Boating and Waterways Section shall provide notice of such receipt to the applicant by mail or by email.

(9) The Boating and Waterways Section shall within 90 days following receipt of a completed application, approve or deny the application based on whether or not the application meets the requirements of section 327.46, F.S. and this rule. Upon approval or denial of the application, the Boating and Waterways Section shall provide notice of the approval or denial to the owner. If no request for review is timely received, this notice shall constitute final agency action.

(10) The Florida Fish and Wildlife Conservation Commission, sitting as agency head at its next available regularly scheduled meeting, shall review any approval or denial determination made by the Boating and Waterways Section upon timely receipt of a request for review. Any substantially affected person may request review of the approval or denial; the request must be received by the Boating and Waterways Section within 21 days following the notice of the approval or denial.

(a) Except as provided in paragraph (b), boating restricted areas created pursuant to this rule shall be external propeller limitation zones.

(b) If necessary to ensure that a boating restricted area created pursuant to this rule does not completely cut off all navigability into, through, or out of a waterway, a portion of the boating restricted area shall be slow speed minimum wake, as defined in rule 68D-23.103, F.A.C.

(11) Following the Commission’s adoption of a boating restricted area pursuant to this rule, the area shall not be enforced until the owner applies to the Commission for a permit pursuant to rule 68D-23.104, F.A.C. and posts uniform waterway markers delineating the boating restricted area established by the Commission consistent with the requirements of the permit and chapter 68D-23, F.A.C. The owner shall have a continuing obligation to comply with the requirements of rule 68D-23.110, F.A.C., as long as the boating restricted area exists.

Rulemaking Authority 327.04, 327.40, 327.41, 327.46 FS. Law Implemented 327.40, 327.41, 327.46 FS. History–New 10-15-18.