Chapter 18-20, F.A.C. titled Florida Aqautic Preserves, establishes land and resource management strategies, as well as specific proprietary criteria for all aquatic preserves with the exception of Biscayne Bay Aquatic Preserve. The rule was adopted ...

 

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NOS.:RULE TITLES:

18-20.002Boundaries and Scope of the Preserves

18-20.003Definitions

18-20.004Management Policies, Standards and Criteria

18-20.013Development of Resource Inventories and Management Plans for Preserves

18-20.017Lake Jackson Aquatic Preserve

18-20.019Boca Ciega Bay and Pinellas County Aquatic Preserves

PURPOSE AND EFFECT: Chapter 18-20, F.A.C. titled Florida Aqautic Preserves, establishes land and resource management strategies, as well as specific proprietary criteria for all aquatic preserves with the exception of Biscayne Bay Aquatic Preserve. The rule was adopted to ensure that “all sovereignty lands within a preserve shall be managed primarily for the maintenance of essentially natural conditions, the propagation of fish and wildlife, and public recreation including hunting and fishing where deemed appropriate by the Board, and the managing agency.”

SUMMARY: The proposed amendments intend to update information and clarify language to address comments received from the Joint Administrative Procedures Committee (JAPC).

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Information known to the agency regarding cost of preparation of submittals required by the rules, and based on the extensive expertise and experience of agency staff, it was determined that a SERC was not necessary and that the rule amendments will not require Legislative ratification. The proposed amendments are intended to address comments received from JAPC and will not therefore result in increased costs. No person or interested party submitted additional information regarding economic impact of the rule amendments during the public workshop or in written comments to the agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 120.53, 258.396(4), 258.42, 258.43(1), FS.

LAW IMPLEMENTED: 253.03(7), 253.03(8), 258.37, 258.39(26), 258.39(27), 258.391, 258.392, 258.393, 258.396, 258.40, 258.41, 258.42, 258.43(1), 258.44, 258.45, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Shana Kinsey, Florida Department of Environmental Protection, Environmental Specialist III, 3900 Commonwealth Blvd., Mail Station 100, Tallahassee, FL 32399-3000, telephone:[phone], email: [e-mail].. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Shana Kinsey, Florida Department of Environmental Protection, Environmental Specialist III, 3900 Commonwealth Blvd., Mail Station 100, Tallahassee, FL 32399-3000, telephone:[phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

18-20.002 Boundaries and Scope of the Preserves.

(1) through (4) No change.

(5) The intent and specific provisions expressed in paragraphs 18-20.001(3)(e) and (f), F.A.C., apply generally to all existing or future aquatic preserves within the scope of this chapter. Upon completion of a resource inventory and approval of a management plan for a preserve, pursuant to Rule 18-20.013, F.A.C., the type designation and the resource sought to be preserved may be readdressed by the Board shall be subject to Board approval in accordance with Rule 18-20.013, F.A.C. may be readdressed by the Board.

(6) through (7) No change.

Rulemaking Authority 120.53, 258.43(1) FS. Law Implemented 258.39, 258.391, 258.392, 258.393, 258.40, 258.41, 258.42, 258.43, 258.44, 258.45 FS. History–New 2-23-81, Amended 8-7-85, Formerly 16Q-20.02, 16Q-20.002, Amended 9-29-97,         .

 

18-20.003 Definitions.

When used in these rules, the following words shall have the indicated meaning unless the context clearly indicates otherwise:

(1) through (5) No change.

(6) “Aquaculture” means the cultivation of aquatic organisms and associated activities, including, but not limited to grading, sorting, transporting, harvesting, holding, storing, growing and planting animal or plant life in an aquatic environment.

(7) through (12) No change.

(13) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund or its delegate. The Department and water management districts serve as staff to the Board and are delegated authority to carry out functions of the Board as specified in Rule 18-21.0051, F.A.C.

(14) through (63) No change.

(64) “Slip” or “wet slip” means an area of the water column above sovereign submerged lands specifically set aside for a boatlift or  the mooring of a single vessel associated with a docking facility.

(65) through (73) No change.

Rulemaking Authority 258.43(1) FS. Law Implemented 258.37, 258.43(1) FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.03, 16Q-20.003, Amended 4-27-94, 9-29-97,                   .

 

18-20.004 Management Policies, Standards and Criteria.

The following management policies, standards and criteria are supplemental to Chapter 18-21, F.A.C. (Sovereignty Submerged Lands Management), and shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty lands in aquatic preserves.

(1) GENERAL PROPRIETARY.

(a) through (d) No change.

(e) A lease, easement or consent of use may be authorized only for the following activities:

1.through 8. No change.

9. Creation, maintenance, replacement or expansion of facilities required for the provision of public utilities; and

10. Aquaculture; and

11.10. Other activities which are a public necessity or which are necessary to enhance the quality or utility of the preserve and which are consistent with the act and this chapter.

(f) through (l) No change.

(2) through (4) No change.

(5) STANDARDS AND CRITERIA FOR DOCKING FACILITIES.

(a) through (b) No change.

(c) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

1.through 2. No change.

3. Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a an acceptable Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. through 8. No change.

(d) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

1. through 2. No change.

3. Docking facilities shall not terminate in Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through Resource Protection Area 1 or 2, to reach a an acceptable Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

4. through 8. No change.

(e) No change.

(6) No change.

(7) The aquatic preserve management plans shall be used by the Department to preserve and restore the distinctive characteristics identified by the inventories for each aquatic preserve. The management plans for each aquatic preserve are available for guidance purposes only at the following Internet website address:    XXXX. In addition to the policies, standards and criteria delineated in subsections (1) through (6), the provisions of the following management plans apply to specific aquatic preserves and are incorporated herein by reference. Where regulatory criteria in Chapter 18-20, F.A.C., may differ with specific policies in the management plans listed herein, the general rule criteria shall prevail.

	Date Adopted
Alligator Harbor	September 23, 1986
Apalachicola Bay	January 22, 1992
Banana River	September 17, 1985
Cockroach Bay	April 21, 1987
Estero Bay	September 6, 1983
Charlotte Harbor (Cape Haze, Gasparilla Sound-Charlotte Harbor, Matlacha Pass and Pine Island Sound)	May 18, 1983
Coupon Bight	January 22, 1992
Ft. Pickens State Park	January 22, 1992
Guana River Marsh	December 17, 1991
Indian River-Malabar to Vero Beach	January 21, 1986
Indian River Lagoon (Vero Beach to Fort Pierce and Jensen Beach to Jupiter Inlet)	January 22, 1985
Lake Jackson	July 23, 1991
Lemon Bay	April 7, 1992
Lignumvitae Key	December 17, 1991
Loxahatchee River-Lake Worth Creek	June 12, 1984
Mosquito Lagoon	July 9, 1991
Nassau River-St. Johns River Marshes and Fort Clinch State Park	April 22, 1986
North Fork of the St. Lucie River	May 22, 1984
Oklawaha River	May 5, 1992
Pellicer Creek	July 9, 1991
Rocky Bayou	December 17, 1991
Rookery Bay (Cape Romano – Ten Thousand Islands)	June 28, 1988
St. Andrews Bay	May 14, 1991
St. Joseph Bay (Revised)	April 15, 1997
St. Martins Marsh	September 9, 1987
Terra Ceia	April 21, 1987
Tomoka Marsh	April 21, 1992
Wekiva River	August 25, 1987
Yellow River Marsh	September 12, 1991

Rulemaking Authority 258.43(1) FS. Law Implemented 258.41, 258.42, 258.43(1), 258.44 FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.04, 16Q-20.004, Amended 9-4-88, 3-6-94, 4-27-94, 6-12-97, 9-29-97, 5-27-99,                 .

 

18-20.013 Development of Resource Inventories and Management Plans for Preserves.

(1) No change.

(2) The Board authorizes the Division to may perform the work to develop the inventories and plans, or may enter into agreements with other persons to perform the work. In either case, the inventories, management plans and all work performed shall be subject to approval by the Board approval, which shall weigh and balance the criteria set forth in subsection 18-20.001(3) F.A.C.

Rulemaking Authority 258.43(1) FS. Law Implemented 253.03(7), 253.03(8) FS. History–New 2-25-81, Amended 8-7-85, Formerly 16Q-20.13, 16Q-20.013, Amended                    .

 

18-20.017 Lake Jackson Aquatic Preserve.

In addition to the provisions of Rules 18-20.001 through 18-20.016, F.A.C., except for those in subsection 18-20.004(5), F.A.C., the following requirements shall also apply to all proposed activities within the Lake Jackson Aquatic Preserve. If any provisions of this Rule are in conflict with any provisions of Rules 18-20.001 through 18-20.016, F.A.C. or Part II of Chapter 258, F.S., the stronger provision for the protection or enhancement of the aquatic preserve shall prevail.

(1) through (11) No change.

Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(26), 258.42, 258.43(1), 258.44 FS. History–New 8-7-85, Formerly 16Q-20.17, 16Q-20.017, Amended 9-29-97,                  .

 

18-20.019 Boca Ciega Bay and Pinellas County Aquatic Preserves.

The following rules, in addition to the provisions of Rules 18-20.001 through 18-20.016, F.A.C., except for subsection 18-20.004(5), F.A.C., apply in the Boca Ciega Bay and Pinellas County Aquatic Preserves in recognition of their highly developed, urban nature.

(1) through (5) No change.

(6) Private residential single-family docks shall conform to all of the following specific design standards and criteria.

(a) through (c) No change.

(d) For those docking facilities terminating in a Resource Protection Area 1 or 2, a terminal platform shall not exceed a total of 100 square feet which may include a lower level platform of not more than 20 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall not be authorized in accordance with Section 258.42(3)(e)1, F.S.

(e) For those docking facilities terminating in a Resource Protection Area 3, a terminal platform shall not exceed a total of 250 square feet which may include a lower level platform of not more than 40 square feet to facilitate access between the terminal platform and the waters of the preserve or a vessel. Covered slips shall be in accordance with Section 258.42(3)(e)1, F.S. Total coverage of sovereignty, submerged lands of the terminal platform, and any lower level platform, and any covered slip which exceeds the criteria in Section 258.42(3)(e)1, F.S. shall not exceed 500 square feet.

(7) Private residential multi-slip docks shall conform to all of the following specific design standards and criteria.

(a) No change.

(b) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a an acceptable Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(c) through (f) No change

(8) Commercial, industrial and other revenue generating/income related docking facilities shall conform to all of the following specific design standards and criteria.

(a) through (b) No change.

(c) Docking facilities shall not terminate in a Resource Protection Area 1 or 2; however, main access docks will be allowed to pass through a Resource Protection Area 1 or 2, to reach a an accepable Resource Protection Area 3, when reasonable assurances are provided that such crossing will generate no significant negative environmental impact.

(d) through (g) No change.

(9) through (12) No change.

Rulemaking Authority 258.42, 258.43(1) FS. Law Implemented 258.39(27), 258.396, 258.42, 258.43(1), 258.44 FS. History–New 9-29-97, Amended                  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Shana Kinsey

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, DEP Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 15, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 4, 2018