18-18.004. Definitions

(1) “Act” means the provisions of Sections 258.397 and 258.35 through 258.46, F.S. Pursuant to the provisions of Section 258.39(27), F.S., where Sections 258.397 and 258.35 through 258.46, F.S., conflict, the stronger provision for the maintenance of the preserve shall prevail.

(2) “Activity” means any project and such other human action within the preserve which may require a license from the Department of Environmental Protection.

(3) “Aesthetic values” means scenic characteristics or amenities of the preserve in its essentially natural state or condition, and the maintenance thereof.

(4) “Applicant” means any person making application for a permit, license, conveyance of an interest in state owned lands or any other necessary form of governmental approval in order to perform an activity within the preserve.

(5) “Biological values” means the preservation and promotion of indigenous life forms and habitats, including but not limited to, sponges, soft corals, hard corals, seagrasses, mangroves, mud flats, marine reptiles, game and non-game fish species, marine mammals, tropical marine invertebrates, birds and shellfish.

(6) “Board” means the Governor and Cabinet sitting as the Board of Trustees of the internal Improvement Trust Fund.

(7) “Commercial/industrial dock” means a dock which is located on or over submerged lands and which is used to produce income, or which serves as an inducement to renting, purchasing, or using accompanying facilities including without limitation multi-family residential facilities. This term shall be construed to include any dock not a private dock.

(8) “Department” means the State of Florida Department of Environmental Protection, as administrator for the Board.

(9) “Dock” means a fixed or floating structure, including moorings, used for the purpose of berthing buoyant vessels either temporarily or indefinitely.

(10) “Essentially natural condition” means those conditions which support the continued existence or encourage the restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the significant development adjacent to and within the preserve.

(11) “Extreme hardship” means a significant burden, unique to the applicant and not shared by property owners in the area. Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act shall not be construed as an extreme hardship. Extreme hardship under this act shall not be construed to include any hardship which arises in whole or in part from the effect of other federal, state or local laws, ordinances, rules, or regulations. The term may be inherent in public projects which are shown to be a public necessity.

(12) “Fill” means materials deposited by any means onto submerged lands or transitional zones or submerged lands below mean high water within the preserve.

(13) “Lease” means a conveyance of interest in lands, title to which is vested in the Board, granted in accordance with specific terms set forth in writing.

(14) “Marina” means a small craft harbor complex used primarily for recreation.

(15) “Person” means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms, and all other associations and combinations, whether public or private, including governmental entities.

(16) “Pier” means a structure on or over the submerged lands which is used by the public primarily for fishing, swimming, sunbathing, or viewing the bay. A pier shall not include a dock.

(17) “Preserve” means the Biscayne Bay Aquatic Preserve which is an exceptional area of submerged bay lands and natural waterways tidally connected to the bay, including all privately and publicly owned submerged lands, the water column over such other lands, all publicly owned islands, and such other lands as the Board may purchase or approve for inclusion.

(18) “Private dock” means a dock located on or over submerged lands, which is used for private leisure purposes for a single family dwelling unit and does not produce income.

(19) “Project” means any human action within the preserve requiring the use, sale, lease or transfer of interest in sovereignty lands or severance of materials from sovereignty lands.

(20) “Public interest” means demonstrable environmental, social, and economic benefits which would accrue to the public at large as a result of a proposed action, and which would clearly exceed all demonstrable environmental, social, and economic costs of the proposed action. In determining the public interest in a request for use, sale, lease, or transfer of interest in sovereignty lands or severance of materials from sovereignty lands, the Board shall consider the ultimate project and purpose to be served by said use, sale, lease, or transfer or severance of materials.

(21) “Public navigation project” means a project primarily for the purpose of navigation which is authorized and funded by the United States Congress or by port authorities as defined by Section 315.02(2), F.S.

(22) “Public necessity” means works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists.

(23) “Quality of the preserve” means the degree of the biological and aesthetic values of the preserve necessary for present and future enjoyment of it in an essentially natural condition.

(24) “Resource management agreement” means a contractual agreement between the Board and one or more parties which does not create an interest in real property but merely authorizes conduct of certain management activities on lands held by the Board.

(25) “Riparian rights” means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.

(26) “Sale” means a conveyance of interests in lands, by the Board, for consideration.

(27) “Spoil” means materials dredged from submerged lands which are redeposited or discarded, by any means, onto either submerged lands or uplands not for the purpose of creating new uplands.

(28) “Transfer” means the act of the Board by which any interest in lands, including easements, other than sale or lease, is conveyed.

(29) “Upland canal” means an artificial waterway, irrespective of its purpose which is constructed above the mean high water line, and which is connected, or intended to be connected, to the waters of the preserve.

(30) “Utility of the preserve” means fitness of the preserve for the present and future enjoyment of its biological and aesthetic values in an essentially natural condition.

Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(4) FS. History–New 3-20-80, Formerly 16Q-18.04, 16Q-18.004.