40C-9.360. Special Use Authorization

(1) A person shall apply for a Special Use Authorization to use District Lands in a manner not otherwise provided for in this chapter.

(2) To receive a Special Use Authorization the applicant must provide reasonable assurance that:

(a) The requested use will not involve the permanent alteration of any District Land or the permanent placement of any structure on District Land;

(b) The requested use is resource-based;

(c) The requested use is consistent with the management plan for the District Lands involved;

(d) The requested use will not harm the environmental resources of the District Land;

(e) The requested use will not cause unreasonable expense to the District;

(f) The requested use will not create a substantial risk of liability to the District;

(g) The requested use will not harm any dam, impoundment, works, water control structures, roads, or District-owned facilities or equipment;

(h) The requested use will not interfere with District water management, leased, or authorized uses of the land; and

(i) The requested use will not interfere with any other use allowed by this chapter.

(3) The District shall impose upon any Special Use Authorization issued pursuant to this chapter such reasonable conditions as are necessary to assure that the use or activity authorized will meet the criteria set forth in this chapter.

(4) The Governing Board delegates to the Executive Director or Designee the authority to issue or revoke Special Use Authorizations pursuant to this section.

(5) Any person may apply for a Special Use Authorization according to the following procedure:

(a) Submit request to:

St. Johns River Water Management District

Bureau of Operations

4049 Reid Street

Palatka, Florida 32177-2529

(b) If the requested use will create a substantial risk of liability to the District, the applicant can mitigate the substantial risk of liability by:

1. Providing proof of liability and property damage coverage insurance naming the District as an insured in an amount sufficient to cover the cost of the potential liability; or

2. Providing waivers or releases of liability sufficient to eliminate the potential liability.

(c) The application will be reviewed by District staff for compliance with the criteria listed in subsection 40C-9.360(2), F.A.C., who shall then issue a recommendation regarding the application to the Executive Director or Designee. The staff recommendation shall set forth the recommended term for the Special Use Authorization, which may be based upon a term of one year or less, and may be renewable for up to five years. All Special Use Authorizations shall be revocable at will by the District.

(d) If the requested use satisfies all of the criteria set forth in this section, the Executive Director or designee, shall issue the Special Use Authorization, except in the case of a Special Use Authorization applied for under paragraph 40C-9.320(1)(b) or (c), F.A.C.

(e) If the requested use does not meet the criteria set forth in this section, the Executive Director shall deny the Special Use Authorization application, except in the case of a Special Use Authorization applied for under paragraph 40C-9.320(1)(b), F.A.C.

(f) If a requested use applied for under paragraph 40C-9.320(1)(b), F.A.C., satisfies the criteria in this section, and if the District has not reached the limit for Special Use Authorization for a use under paragraph 40C-9.320(1)(b), F.A.C., during the same calendar year, the Executive Director or Designee may issue the Special Use Authorization. If a requested use applied for under paragraph 40C-9.320(1)(b), F.A.C., does not satisfy the criteria in this section, or if the District has reached the limit for Special Use Authorizations for a use under paragraph 40C-9.320(1)(b), F.A.C., during the same calendar year, the Special Use Authorization shall be denied.

(g) The District’s notices of intent to issue or deny a Special Use Authorization shall be governed by Rule 40C-1.511, F.A.C.

(6) The Bureau of Real Estate Services shall prepare an annual summary report to the Governing Board of all issued Special Use Authorizations.

(7) Any person receiving a Special Use Authorization from the District must have the Special Use Authorization in their possession at all times while on District Lands.

(8) The Executive Director or Designee shall revoke a Special Use Authorization if the user violates the conditions of the authorization or if the user engages in a use not authorized by the authorization.

Rulemaking Authority 373.044, 373.083, 373.113, 373.1391 FS. Law Implemented 373.083, 373.093, 373.096, 373.099, 373.139, 373.1391, 373.1401, 373.199, 373.59 FS. History–New 1-16-94, Amended 5-11-94, 7-30-01, 6-7-04.