18-18.006. Uses, Sales, Leases or Transfers of Interests in Lands or Materials Held by the Board

(1) A use, sale, lease or transfer of sovereign lands or materials shall be subject to such terms, conditions or deed restrictions as the Board deems necessary to protect the quality or utility of the preserve and further the intent of the Act and these rules. A condition of a sale, lease or transfer of sovereign land materials shall be the applicant’s reimbursement for the Department’s cost of advertising and notification of adjacent property owners.

(2) The document which manifests a use, sale, lease or transfer of lands or materials shall state, with particularity, the projects to be conducted. Additional projects not expressly included in the document are prohibited and may be conducted only after further approval by the Board.

(3) Uses, Sales, Leases, or Transfers of Interests in Lands.

(a) All projects to be conducted on lands held by the board shall require prior approval of the Board in the form of a sale, lease, or transfer agreement, or a resource management agreement for the proposed use of such land.

(b) There shall be no further use, sale, lease, or transfer of interests in sovereignty submerged lands unless an applicant affirmatively demonstrates sufficient facts to support a finding by the Board that:

(I) An extreme hardship exists for the applicant at the time the application is filed; and

(II) The use, sale, lease, or transfer of interest and the project planned in conjunction with the use, sale, lease or transfer of interest are in the public interest; and

(III) The project planned in conjunction with the use, sale, lease, or transfer of interest is consistent with these rules and management plans when developed for the preserve;

(IV) If there are to be structures constructed, or dredging and filling undertaken on the sovereignty submerged land, the project for which a use, sale, lease or transfer of interest of sovereignty submerged lands is sought shall be one of the following:

1. A public navigation project;

2. Creation or maintenance of a commercial/industrial dock;

3. Creation or maintenance of a marina;

4. Creation or maintenance of a pier;

5. Creation or maintenance of a shore protection structure;

6. Installation or maintenance of approved navigational aids;

7. Creation or replacement of structures required for the installation or expansion of public utilities; and

8. Other projects 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.

(v) In the case of the projects enumerated in sub-sub-subparagraphs 18-18.006(3)(b)(IV)1., 2., 3., 4., 5. and 6., F.A.C., the project is designed so that the structure or structures to be built in, on, or over submerged lands are limited to structures necessary to conduct water dependent activities; and no other reasonable alternative exists which would allow the proposed project to be constructed or undertaken outside the preserve.

(c) A commercial/industrial dock on sovereignty lands shall require a lease. Private docks to be constructed and operated on sovereignty lands shall not require a lease of those lands.

(d) The failure of the Board to affirmatively find that a project complies with the provisions of paragraph 18-18.006(3)(b), F.A.C., shall preclude a finding of consistency with these rules and management plans when developed for the preserve.

(4) Sales or Transfers of Materials to be Severed.

(a) There shall be no severance of bottom sediment or rock unless an applicant affirmatively demonstrates sufficient facts to support a finding by the Board that:

(I) Sales or transfer of materials to be severed and the project planned in conjunction with that sale or transfer is in the public interest; and

(II) The sale or transfer of materials to be severed and the project planned in conjunction with the sale of transfer of those severed materials is consistent with these rules and the management plans when developed for the preserve.

(b) There shall be no excavation of shell or minerals.

(c) There shall be no sale or transfer of materials to be severed for the sole or primary purpose of providing fill or creating new lands.

(d) There shall be no drilling of wells within the preserve.

(e) Spoil disposal within the preserve is discouraged by the Board. Spoil disposal will be approved within the preserve only where:

(I) The placement of spoil is on a self-contained upland site; or

(II) The placement of spoil will enhance the quality or utility of the preserve.

(5) The failure of the Board to affirmatively find that a project complies with the provisions of paragraph 18-18.006(3)(b), F.A.C., shall preclude approval of the project by the Board.

Rulemaking Authority 258.397(4) FS. Law Implemented 258.397(3), (4) FS. History–New 3-20-80, Formerly 16Q-18.06, 16Q-18.006.