18-21.010. Applications for Private Easement

(1) Applications for easements across sovereignty submerged lands for private purposes shall include the following:

(a) Name, address, email address, and telephone number of applicant and applicant’s authorized agent;

(b) Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity;

(c) Satisfactory evidence of sufficient upland interest of the extent required by paragraph 18-21.004(3)(b), F.A.C.;

(d) A detailed statement of proposed use and satisfactory evidence of need for installation of telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C.;

(e) A statement evidencing that the easement sought is in the public interest;

(f) Either a survey (when the easement area is 3,000 square feet or greater), or a sketch (when the easement area is less than 3,000 square feet), prepared by a Florida registered Professional Surveyor and Mapper and meeting the following requirements:

1. Using an appropriate scale on an 8 1/2" x 11" page size (unless a larger size is necessary to provide sufficient clarity and detail);

2. Showing boundaries of the parcel sought;

3. Showing ownership lines of the riparian uplands;

4. Showing the line of ordinary or mean high water;

5. Showing the location of the shoreline vegetation, if existing;

6. Showing the location of any proposed or existing structures; and,

7. Including a legal description, total square footage, and acreage of the parcel sought. However, for applications received after October 29, 2003, for telecommunication lines and associated conduits in special consideration areas designated in paragraph 18-21.004(2)(l), F.A.C., a sketch of the location of the installation shall be submitted provided that an as-built survey and legal description are submitted upon completion of construction. Such sketch shall be on NOAA nautical charts using the smallest scale available for the portion of the route shown;

(g) Noticing information as required by subsection 18-21.005(3), F.A.C.;

(h) Payment of a $657.00 non-refundable processing fee. This processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. However, a $15,000 non-refundable processing fee is required for each application to install telecommunication lines and associated conduits received after October 29, 2003, that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., at a landing site, including applications to install telecommunication lines in previously authorized empty conduits. The processing fee for telecommunication lines and associated conduits shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase;

(i) If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated; and,

(j) If the application is for an easement of right-of-way for private access from a public road to lands of the applicant, proof of approval from the agency having jurisdiction over the public road.

(2) Easements are renewable, modifiable and assignable, subject to approval by the Board under this rule; compliance with applicable statutes and rules of the Board in effect at the time of easement renewal; payment of a $500.00 non-refundable processing fee; and payment of all fees assessed under rule 18-21.011, F.A.C. The processing fee for renewal, modification or assignment shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase.

(3) Applications shall be granted upon such terms and conditions, including payment of the value of the easement, if any, that the board sees fit. If required by the board, full payment shall be made within 90 days after receipt of notification that the easement has been granted by the board or the granting of the easement shall be invalid.

(4) All easements across sovereignty lands shall be subject to reverter upon failure of the applicant to use the parcels sought as proposed in the applications.

(5) The terms of all the easements shall be limited to a reasonable period of time related to the life of the proposed project or amortization of the improvements, up to a maximum term of 25 years.

Rulemaking Authority 253.03(7) FS. Law Implemented 253.03(11), 253.115, 253.12 FS. History–New 12-20-78, Formerly 16C-12.10, 16Q-17.10, Amended 3-27-82, Formerly 16Q-21.10, 16Q-21.010, Amended 12-11-01, 10-29-03, 3-8-04, 8-10-05, 4-14-08, 3-21-19.