Policy and Purpose, Scope and Applicability, Definitions, Access to Management Areas; Closures, Use of Vehicles, Airboats, and Aircraft; Navigational Restrictions, Equestrian Activities; Use of Saddle Animals, Hunting, Bicycling, Overnight Camping, ...
South Florida Water Management District
RULE NOS.:RULE TITLES:
40E-7.511Policy and Purpose
40E-7.520Scope and Applicability
40E-7.521Definitions
40E-7.523Access to Management Areas; Closures
40E-7.525Use of Vehicles, Airboats, and Aircraft; Navigational Restrictions
40E-7.526Equestrian Activities; Use of Saddle Animals
40E-7.527Hunting
40E-7.528Bicycling
40E-7.529Overnight Camping
40E-7.530Trapping
40E-7.532Operating Hours
40E-7.534Special Use Licenses
40E-7.535Event Authorization
40E-7.537General Prohibitions
40E-7.538Establishment of South Florida Water Management District Management Areas Open to the Public
40E-7.5381Special Provisions for Right of Way of the District
40E-7.5382Special Provisions for Vacant Undesignated District Lands Open to the Public
40E-7.5383Special Provisions for Stormwater Treatment Areas (STA's) of the District Open to the Public
40E-7.5384Special Provisions for Impoundment Areas of the District Open to the Public
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 189, September 27, 2013 issue of the Florida Administrative Register.
40E-7.511 Policy and Purpose.
(1) No change.
(2) The the District provides no assurance that said District lands are safe for any purpose, that the District has a duty of care toward any person entering said lands or that the District is responsible for any injuries or damage to persons or property caused by an act or omission of any person who enters said District lands, including invitees, licensees, contractors, trespassers or other persons except as provided in Section 373.1395, F.S.
Rulemaking Authority 279.101, 373.044, 373.113, 373.171 FS. Law Implemented 259.101, 373.016, 373.056, 373.103, 373.1391, 373.1395, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06, __________.
40E-7.520 Scope and Applicability.
(1) through (2) No change.
(3) A copy of the regulations contained herein may be posted at entry points, activity areas, and recreation sites equipped with bulletin boards or otherwise made reasonably available to the public.
(3)(4) Consistent with the environmental sensitivity of these areas and the purposes for which the lands were acquired, and all rights, privileges, and protections afforded by the provisions of Section 373.1395, F.S., all District lands are hereby deemed open and available to the public for outdoor recreational purposes and access unless otherwise limited, restricted, or prohibited by special provision in this rule. Nothing in this rule prevents other federal, state, or local agencies, including but not limited to those with management contracts with the District, from requiring compliance with their own rules, permits, regulations, ordinances, or laws to the fullest extent of their lawful authority.
(4)(5) Any signage prohibiting access to or use of District lands shall only apply to the property or area set forth in or delineated by such signage and a presumption shall exist that all other portions of the Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way, and vacant undesignated lands where public access or use is not specifically prohibited are open and available for outdoor recreational purposes unless otherwise limited, restricted or prohibited by the Governing Board. This provision shall not be construed to impede enforcement of trespass statutes including but not limited to Chapter 810, F.S.
(5)(6) When the District authorizes another government entity to jointly manage public recreation on District lands, this Part is supplemental to the laws, statutes, ordinances, and rules of the other government entity. When in conflict with this Part, the laws, statutes, ordinances, and rules of the other government entity supersede this Part, unless otherwise inconsistent with Chapter 373, F.S.
(6)(7) The following District lands are not governed under this Part:
(a) through (d) No change.
(7)(8) Public Use Activities that are authorized by this Part are not authorized on District lands where the District has less than fee interest and where the underlying fee owner has legally restricted or prohibited public access.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.056, 373.1391, 373.1395, 373.1401, 373.59 FS. History–New 5-24-94, Amended 11-12-95, 1-7-97, 11-13-97, 1-1-99, 1-5-03, 7-12-06,___________.
40E-7.521 Definitions.
No change.
Rulemaking Authority 373.019, 373.044, 373.113, 373.171 FS. Law Implemented 373.016, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.1391, 373.59 FS. History–New 5-24-94, Amended 11-13-97, 1-1-99, 1-5-03, 7-12-06, 8-28-12,__________.
40E-7.523 Access to District Lands; Closures.
(1) through (2) No change.
(3) Under the following conditions, activities authorized under this rule will be prohibited or District lands will be closed:
(a) When necessary during emergency conditions such as floods, severe weather events, or wildfire for public safety and the protection of natural resources. Such closures shall require the approval of the Executive Director and concurrence of the Governing Board.
(b) through (c) No change.
(d) Upon designation by the Governing Board pursuant to Section 373.6055, F.S., that certain If District lands or facilities are identified as “critical infrastructure”, as designated by the Regional Domestic Security Task Force pursuant to applicable law, then whereupon such lands or facilities are shall be immediately deemed closed for public use without further action required by the Governing Board.
(4) through (6) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.119, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-1-01, 7-12-06,____________.
40E-7.525 Use of Vehicles, Vessels, and Aircraft; Navigational Restrictions.
No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 316.192, 316.1925, 316.655, 373.016, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06,______________.
40E-7.526 Equestrian Activities; Use of Saddle Animals.
(1) No change.
(2) Rule 5C-18.010, F.A.C. (2013) requires that all persons using saddle animals must have a report of a negative Coggins test for Equine Infectious Anemia. Persons using saddle animals on District lands must have proof of a negative Coggins test in their possession at all times. Users of saddle animals on District owned lands must possess proof of negative Coggins test on their person.
(3) through (4) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 316.192, 316.1925, 316.655, 373.016, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-5-03, 7-12-06,_____________.
40E-7.527 Hunting.
(1) The Consistent with applicable provisions of local, state and federal law, concerning hunting, or the possession and use of firearms or other types of hunting devices, such as the rules of the Florida Fish and Wildlife Conservation Commission and the United States Department of Interior, Fish and Wildlife Service have rules governing hunting. Hunting hunting, trapping and the releasing of free-running hunting dogs are prohibited on District lands unless the land is opened as a public hunting area and these uses are authorized in the specific public hunting area regulations.
(2) Public hunting on District lands is regulated, administered and enforced by the Florida Fish and Wildlife Conservation Commission, in cooperation with the District. A public hunting area established on District lands will be posted as prescribed by Chapter 810, F.S.
(3) Public hunting areas are established on District lands with approval of the Governing Board, except that the Executive Director authorizes public hunting on District lands less than 100 acres in size and adjacent to other District lands with established hunting areas.
(4) through (8) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.1401, 373.59, 790, 810.09 FS. History–New 5-24-94, Amended 1-1-01, 1-5-03, 7-12-06, 8-28-12,____________.
40E-7.528 Bicycling.
No change.
Rulemaking Authority 373.044, 373.133 FS. Law Implemented 373.016, 373.1391, 373.1401, 373.59, 790, 810.09 FS. History–New 7-12-06, Amended ______________.
40E-7.529 Overnight Camping.
(1) through (6) No change.
(7) Within camping areas, pet waste must be disposed of in waste bins, if provided. Horse manure must be disposed in designated manure disposal areas if provided.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 5-24-94, Amended 11-13-97, 1-1-99, 1-5-03, 7-12-06,______________.
40E-7.530 Trapping.
Trapping is prohibited on all District lands except as where authorized by the District for land management purposes by an Event Authorization which shall be limited to scientific study or removal of nuisance species.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 7-12-06, Amended _______________.
40E-7.532 Operating Hours.
No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.119, 373.1391, 373.59 FS. History–New 5-24-94, Amended 7-12-06,______________.
40E-7.534 Special Use Licenses.
(1) In order to maximize opportunities for public recreation on District lands and provide public access where it might otherwise be prohibited, the District issues Special Use Licenses. A Special Use License is required to engage in the following activities on District lands:
(a) No change.
(b) to reserve campsites in certain areas with limited capacity as identified by posted signage;
(c) through (d) No change.
(2) No change.
(3) A Special Use License holder and all participants must comply with all conditions as reflected in the Special Use License. (Form #0830),
(4) through (5) No change.
(6) Persons requesting a Special Use License, when required by the District, may apply in person, call, or write to request a copy of “Special Use Application and License” Form No. #0830 effective (_____) (add Hyperlink), which is hereby incorporated by reference and may be obtained from the District at the following:
(a) through (b) No change.
(7) The District shall may revoke a Special Use License if the licensee violates any provisions of this Part or the Special Use License.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-1-01, 1-5-03, 7-12-06. Amended _________________.
40E-7.535 Event Authorization.
(1) through (5) No change.
(6) The District shall may revoke an Event Authorization if the holder violates its terms or engages in an activity not authorized by the Event Authorization.
(7) No Change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 7-12-06. Amended ___________________.
40E-7.537 General Prohibitions.
The following are prohibited on all District lands unless otherwise specified:
(1) through (13) No change.
(14) The abandonment of personal property.
(15) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 5-24-94, Amended 1-1-99, 1-5-03, 7-12-06,______________.
40E-7.538 Special Provisions for Management Areas of the District Open to the Public.
No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 1-1-01, Amended 1-5-03, 7-12-06, 8-28-12,_______________.
40E-7.5381 Special Provisions for Rights of Way of the District.
No change
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 7-12-06, Amended 8-28-12, ________________.
40E-7.5382 Special Provisions for Vacant Undesignated District Lands Open to the Public.
(1) In addition to the other prohibitions and restrictions in this Part, the following are prohibited on Vacant undesignated lands:
(a) through (b) No change.
(2) No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 7-12-06, Amended 8-28-12,____________.
40E-7.5383 Special Provisions for Stormwater Treatment Areas (STAs) of the District Open to the Public.
No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.4592(4)(a), 373.59 FS. History–New 7-12-06, Amended ____________.
40E-7.5384 Special Provisions for Impoundment Areas of the District Open to the Public.
No change.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.016, 373.1391, 373.59 FS. History–New 7-12-06, Amended _______________.
