18-23.007. Activities in Buffer Preserves

(1) The Buffer Preserves shall be open to the public from sunrise until sunset, except for those that are natural islands, which shall remain open at all times unless otherwise closed pursuant to the authority of the rules of this chapter.

(2) To conserve, preserve and restore the natural and cultural resources and ensure the safety and enjoyment of visitors, the following activities shall be limited or prohibited within the boundaries of the Buffer Preserves. The Buffer Preserve manager shall verbally authorize such activities only in the case of a life-threatening emergency or as part of a natural resource management program designed to promote environmental protection, which is approved by the Department. Any other authorization for any prohibited activity may be sought by submitting a written request to the Department of Environmental Protection, Office of Coastal and Aquatic Managed Areas, 3900 Commonwealth Boulevard, MS 235, Tallahassee, FL 32399-3000. A written request shall, at a minimum, contain the following information: name of requestor, contact person, address, telephone number, location of proposed activity, reason for proposed activity, and the number of people expected to participate in the proposed activity. Such requests shall only be granted if the Department determines that the proposed activity would not damage the natural or cultural resources. Such authorizations shall include any restrictions necessary to protect natural and cultural resources and shall contain provisions for revocation. The number of authorizations issued shall be limited by the Department if necessary to avoid cumulative impacts or address public safety concerns.

(a) Prohibited Activities:

1. Consumption of alcoholic beverages. This does not apply to the natural islands of the Buffer Preserves.

2. Hunting, harassing, possessing or trapping wildlife.

3. Use of animal trapping or concealment devices.

4. Use of firearms of any type or other weapons potentially dangerous to wildlife and humans, including shooting into Buffer Preserves from beyond the boundaries.

5. Admission of unleashed domestic animals, except those assisting the handicapped.

6. Transplantation or removal of any plant or animal, or parts of plants or animals (living or dead), except as provided herein.

7. Removal, disturbance, pollution or destruction of property, or natural or cultural resources.

8. Solicitation or distribution of commercial materials and advertising of any commercial event, other than Department materials or announcements of Department-sponsored or sanctioned events and gatherings.

(b) Limited Activities:

1. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads specifically designated for those activities.

2. Camping may be conducted only in designated areas.

3. Fires are allowed only in designated areas.

4. Visitors shall be responsible for the proper disposal of all waste-water, refuse and trash by placing it in designated containers, if provided, or removed to an off-site disposal facility or receptacle.

5. Vehicles are allowed only in areas designated as public access roads.

6. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer Preserves is allowed only where designated for such use with signs.

(c) Waiver of Restrictions for Property Management. The prohibition or limitation of activities in this section shall not apply to Department staff or cooperating management agencies, volunteers, or contractors conducting management activities that are approved by the Department, consistent with a management plan approved by the Board of Trustees, and authorized in accordance with Chapter 18-2, F.A.C., if such authorization is required.

(d) Closures. The Department, in furtherance of the policy and intent of Chapter 253, F.S., shall close any Buffer Preserve or section thereof to the public at any time and for any interval of time, when necessary to protect: public health, safety or welfare due to causes such as fire, weather conditions, natural hazards, management activities or environmental conditions; natural resources such as seasonally nesting birds at a specific site; and cultural resources such as Indian middens. Staff of the Department’s Office of Coastal and Aquatic Managed Areas shall post the closings.

Rulemaking Authority 253.86(1) FS. Law Implemented 253.86, Chapter 258, Part II FS. History–New 8-7-94, Amended 5-8-96, 7-1-03.