18-21.0051. Delegation of Authority

(1) The purpose of this section is to delegate certain review and decision-making authority of the Board, regarding the use of sovereignty submerged lands, to the Secretary of the Department of Environmental Protection, the Commissioner of Agriculture, and the Governing Boards of the Northwest Florida Water Management District, Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District, as applicable.

(2) The Secretary of the Department of Environmental Protection and the Governing Boards of the Northwest Florida Water Management District, Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District are delegated the authority to review and take final agency action on applications to use sovereignty submerged lands when the application involves an activity for which that agency has permitting responsibility, as set forth in the respective operating agreements between the Department and the water management districts identified in subsection 62-113.100(3), F.A.C., unless the final agency action is to approve any of the following proposed activities:

(a) Proposed leases or modifications to existing leases having a preempted area, as defined in rule 18-21.003, F.A.C., of more than 150,000 square feet, including proposed leases for mooring fields that don’t qualify for the general permit under rule 62-330.420, F.A.C., and additions to existing docking facilities where the size of the proposed additional preempted area exceeds 10% of the existing preempted area and the total of existing and proposed additional preempted area exceeds 150,000 square feet.

(b) Private easements of more than 5 acres, except for the installation of telecommunication lines and associated conduits in special consideration areas designated in paragraph 18-21.004(2)(l), F.A.C., in which case, prior to taking final agency action for such installations, staff will provide the Board with notice and an opportunity to request that the application be placed on the Trustees agenda or the removal of pre-cut sunken timber.

(c) Open-air dining areas that do not meet the criteria in subparagraph 18-21.004(1)(g)1., F.A.C.

(d) The establishment of a mitigation bank.

(e) Applications involving approval of an exception to the maximum cumulative preemption for a private residential multi-family dock or pier in accordance with subparagraph 18-21.004(4)(b)2., F.A.C., or

(f) Public mooring fields that have a preempted area of more than 150,000 square feet that don’t qualify for the general permit under rule 62-330.420, F.A.C. or public mooring fields with tenancy between 6 – 12 months that do not meet the criteria in paragraph 18-21.004(1)(o), F.A.C., or public mooring fields with tenancy longer than 12 months.

(3) The Commissioner of Agriculture is delegated the authority to review and take final agency action on behalf of the Board on applications to use sovereignty submerged lands and water columns for any activity for which the Department of Agriculture and Consumer Services has responsibility pursuant to sections 253.67 ‒ 253.75 and 597.010, F.S., except the Board shall retain authority to grant the following:

(a) Establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases; and,

(b) Authorizing aquacultural activities in a managed area, such as state parks, aquatic preserves, marine sanctuaries, or research reserves, when the Department of Environmental Protection has determined that the proposed aquaculture activity is inconsistent with the management goals and objectives of that area.

(4) The Secretary of the Department of Environmental Protection and the Governing Boards of the specified Water Management Districts and the Commissioner of Agriculture may further delegate review and decision making authority for activities authorized under rule 18-21.002, F.A.C., to staff within their respective agencies.

(5) The delegations set forth in subsections (2) and (3) are not applicable to a specific application for a request to use sovereignty submerged lands under chapter 253 or 258, F.S., where one (1) or more members of the Board, the Department of Environmental Protection, the Department of Agriculture and Consumer Services, or the appropriate water management district determines that such application is reasonably expected to result in a heightened public concern, because of its potential effect on the environment, natural resources, or controversial nature or location.

Rulemaking Authority 253.002, 253.73 FS. Law Implemented 253.002, 253.67-.75, 597.010 FS. History–New 10-12-95, Amended 10-29-03, 10-27-05, 9-1-09, 3-21-19.