Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 34 No. 50, December 12, 2008 issue of the Florida Administrative Weekly.
WATER MANAGEMENT LANDS ACQUISITION AND MANAGEMENT PROCEDURES
40B-9.011 Policy and Purpose.
(1) Under subsection 373.139(2), Florida Statutes, the Governing Board is authorized to acquire fee or less than fee title to real property, easements and other interests or rights therein, by purchase, gift, devise, lease, eminent domain, or otherwise for flood control, water storage, water management, conservation and protection of water resources, aquifer recharge, water resource and water supply development, and preservative of wetlands, streams and lakes. Part I of this chapter governs the acquisition of these interests in lands by the Suwannee River Water Management District.
(2) Under paragraph 373.1391(1)(a), Florida Statutes, the Governing Board is charged with the responsibility to manage and maintain lands titled to the Suwannee River Water Management to ensure a balance between public access, general public recreational purposes, and restoration and protection of the lands’ natural state and condition. Part II of this chapter further governs the use of lands titled to the Suwannee River Water Management District. The purpose of this rule is to implement the legislative intent expressed in Section 373.59, Florida Statutes, and therefore, to establish District policies and procedures regarding a five year plan for the selection of land, and provide procedures for the acquisition and management of land, title to which shall vest in the Suwannee River Water Management District. It is also the intent of these rules to provide uniform acquisition procedures in order to effectuate efficient legal methods in accordance with sound business practices.
(3) Lands titled to the District may be conveyed, sold, exchanged, leased, or released by the Governing Board as provided in Sections 373.056, 373.089 and 373.096, Florida Statutes.
(4) Consistent with the Legislature’s directives, the District’s policy is to manage and maintain District lands, to the extent practicable, to ensure a balance between restoration and protection of natural resources and public access and recreation.
(5) To further this policy, the land management and use provisions of Part II of this chapter are based upon the following priorities:
(a) Water resource conservation and protection;
(b) Environmental protection, with an emphasis on restoration and preservation of ecosystes; and
(c) Compatible public recreation.
(6) It is further the policy of the District to make its lands accessible to persons with disabilities to the extent economically feasible and consistent with resource protection.
(7) This chapter is divided into two parts, Part I and Part II. Part I included Rule 40B-9.011 through Rule 40B-9.121, F.A.C., and pertains to land acquisition. Part II includes Rule 40B-9.123 through Rule 40B-9.320, F.A.C., and pertains to land management.
Specific Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.139, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended________.
40B-9.021 Definitions.
When used in this part, the term herein:
(1) “Acquisition plan” means the work plan adopted by the Governing Board that describes the District’s land acquisition strategies.
(2) “Conservation easement” means a right of interest in real property which is appropriate to retaining land or water areas predominantly in their natural, scenic, open, agricultural, or wooded condition. A conservation easement restricts the underlying fee owner’s use of the property consistent with the purpose of the easement. Conservation easements are perpetual, undivided interests in property that run with the land. District conservation easements are governed by section 704.03, Florida Statutes.
(3) “Department” means the Florida Department of Environmental Protection or its successor agency or agencies.
(2) “Secretary” means the Secretary of the Florida Department of Environmental Protection.
(4)(3) “District” means the Suwannee River Water Management District, operating under the authority of Chapter 373, Florida Statutes.
(5) “District lands” means any fee simple interest or other interests in real property titled to the District.
(6) “District lease” means the granting of either an exclusive or non-exclusive use of or interest in District lands for a specified period of time.
(7) “Funding program” means the program established pursuant to Section 259.105, Florida Statutes, the Florida Forever Act.
(8) “Governing Board” means the governing board of the Suwannee River Water Management District.
(4) “Fund” means the Water Management Lands Trust Fund.
(5) “Plan” means the five year plan as adopted by the Governing Board of the Suwannee River Water Management District.
(6) “Project” means a parcel or parcels of land in a discrete unit of purchase.
(7) “Survey” means a certified survey signed by a licensed land surveyor authorized to practice surveying in the state of Florida.
(8) “Acquisition” means the reduction of the title to land to be acquired to fee, or in the discretion of the District such other legal interest necessary for water management, water supply and the conservation and protection of water resources.
(9) “Lands” means real property acquired by the District pursuant to Section 373.59, Florida Statutes.
(10) “Conceptual Management Plan” means the document discussing proposed management and use that is prepared prior to acquisition.
(11) “Resource Management Plan” is the document approved by the Governing Board that specifies management activities and authorized uses of the lands.
(12) “Public Use Guide” is the summary document that list specific public uses for the Lands authorized by the Governing Board that can be permitted by the District.
(9) “Management plan” means the District Land Management Plan adopted by the Governing Board that details the District’s land management activities or other property specific land management plan adopted by the Governing Board.
(10) “Project” means a parcel or parcels of land in a discrete unit of purchase.
(11) “Public Use Guide” is a District publication approved by the Governing Board that specifies the authorized public uses of District lands and the conditions applicable to those uses.
(12) “Secretary” means the Secretary of the Florida Department of Environmental Protection or its successor agency or agencies.
(13) “Surplus lands” means those District-owned parcels that do not and are not expected to contribute significantly to the achievement of the District’s acquisition objectives including the protection or enhancement of water resource benefits and effective and efficient land management.
Specific Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.139, 373.171, 373.59 FS. Law Implemented 259.01, 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 4-1-93,________.
40B-9.031 Selection of Lands – Five Year Plan.
(1) The District shall adopt a five year plan designating the areas of land to be acquired which shall be filed annually with the Legislature and the Secretary by January 15. Acquisition and management activity for the preceding fiscal year shall be included in five year plan.
(2) Prior to the adoption, amendment or modification of the five year plan, the District shall hold one or more public hearings.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 5-26-88, Repealed________.
40B-9.041 Acquisition Procedures – Negotiations.
(1) Bona fide offers for sale. The District’s land acquisition process is initiated when the District receives from an owner of real property a bona fide offer for sale to the District. A bona fide offer is one which includes: Upon determination of land requirements, descriptions and maps sufficient to identify the lands to be acquired shall be obtained.
(a) The county property appraiser’s tax parcel identification number;
(b) An aerial map or other documentation upon which the property boundaries are shown or described;
(c) A copy of the deed showing the current owner of record for the property being offered;
(d) The owner’s initial asking price for the property;
(e) Identification of any easements, deed restrictions, mineral interests, or other rights held by persons other than the fee title owner; and
(f) Identification of any existing purchase agreement, option contract, listing agreement, or any other agency arrangement or agreement entered into by the seller relating to the subject property.
(2) Criterial for evaluation of bona fide offers.
Upon receipt, District staff will evaluate all bona fide offers for sale of real property under the criteria contained within the District’s land acquisition plan and provide a recommendation for disposition to the Governing Board. Ownership information shall be obtained and reviewed in order to determine the title to the land being acquired.
(3) Following Governing Board approval of a property for state priority funding, the following due diligence must be completed prior to a contract for sale:
(a) Evidence of good and sufficient fee title to the property in the seller must be provided by the seller to the District.
(b) The property owner must provide access to the District and its agents as needed to obtain an appraisal as required under paragraph 373.139(3)(c), Florida Statutes, and a Phase I environmental site assessment that addresses the federal Environmental Protection Agency standards in CFR Part 312, the state Department of Environmental Protection standards, and any other applicable environmental regulatory agency standards. The appraisal must be performed by a qualified appraiser who is registered, licensed, or certified under Part II, Chapter 475, Florida Statutes. The Phase I environmental site assessment must be performed by a qualified professional engineer, professional geologist or other environmental professional as the District deems appropriate. The District shall obtain at least one written appraisal pursuant to Rule 40B-9.061, F.A.C.
(4) Contracts for sale.
The Governing Board must adopt a purchase resolution which authorizes the Executive Director to execute a contract specifying the source of funds for the land to be acquired. The District shall attempt to acquire each parcel through voluntary negotiation prior to commencement of proceedings in eminent domain.
(5) All contracts to purchase shall be reduced to writing and shall be contingent upon approval by the Governing Board.
(6) The District shall attempt to negotiate the acquisition of desired parcels in accordance with the following procedure:
(a) The District shall contact each owner or authorized representative and negotiate the acquisition of the property.
(b) A “Negotiation Report” may be prepared and forwarded to Legal Counsel, which shall summarize such negotiations.
(c) In the event an offer is accepted, the District shall:
1. Arrange for the proper execution and recording of all necessary documents.
2. Request Legal Counsel to prepare a resolution requesting the Governing Board to approve the necessary funds pursuant to Chapter 62-402, F.A.C., if applicable.
(d) When a negotiated settlement cannot be readily attained, an authorized officer shall send a Memorandum to Legal Counsel which shall include:
1. A request for resolution to institute eminent domain proceedings.
2. Identification of parcels by title memorandum number.
3. Legal interest or estate sought for acquisition.
(5)(e) Donations of land to District.
The District may accept donations or gifts of real property interests land. In such event the provisions of this subsection shall be followed, except that the requirement for an appraisals may be waived upon concurrence of both the property landowner and the District.
(7) The District shall adhere to the provisions of Section 287.055, Florida Statutes, if applicable.
Specific Authority 373.044, 373.083, 373.139 373.113, 373.171 FS. Law Implemented 373.013, 373.139, 373.59 FS. History–New 3-1-83, Amended 5-26-88,________.
40B-9.042 Inholding and Addition Property.
(1) The procedures in this section apply to offers of real property containing 40 acres or less.
(2) The District will consider purchasing parcels less than 40 acres in size if they are contiguous with existing District ownership and either:
(a) Provide additional protection for natural resources, or
(b) Improve the District’s ability to manage its lands.
(3) In addition to qualifying under subsection 40B-9.042(2), F.A.C., above, the following conditions must be met:
(a) The fee owner of the property must control at least 50% of the mineral interests unless the outstanding royalty rights or interests are held by the State of Florida or the federal government;
(b) The property may not be subject to any current or future assessments by a homeowners association or other similar entity.
(c) The total asking price must be less than $100,000.
(4) Upon determining that the offer meets the criteria and conditions in subsections 40B-9.042(2) and (3), F.A.C., above, Staff shall:
(a) Obtain a form or letter appraisal from the District’s Land Acquisition Specialist or from an appraiser on the District’s approved list; and
(b) Submit an offer at an amount not-to-exceed the appraised fair market value with an option approved by District legal counsel to the landowner.
(5) If the offer is accepted by the landowner, the District will conduct a public hearing at which the proposed purchase will be presented for Governing Board approval.
Specific Authority 373.044, 373, 083, 373.139 FS. Law Implemented 373.013, 373.089, 373.139, 373.59 FS. History–New________.
40B-9.045 Acquisition Procedures – Condemnation.
(1) Eminent domain proceedings may only be used by the District to acquire real property for flood control and water storage or for curing title defects or encumbrances to real property owned by the District or to be acquired by the District from a willing seller. Proceedings in eminent domain shall not be commenced until authorized by the Governing Board.
(2) Eminent domain proceedings brought by the District shall be conducted in accordance with the applicable provisions of Chapters 73 and 74, Florida Statutes, and Section 373.1961, Florida Statutes. The Governing Board may adopt a resolution authorizing the institution of eminent domain proceedings and which shall meet the requirements of Chapters 73 and 74, Florida Statutes, if applicable.
Specific Authority 373.026, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.139, 373.103, 373.113, 373.171 FS. Law Implemented 373.013, 373.139, 373.1961, 373.59 FS. History– New 3-1-83, Amended________.
40B-9.051 Surveys.
(1) In order to determine the location, acreage and legal description of land to be acquired, the District shall obtain a survey.
(2) Survey requirements may be waived in whole or in part by the District. In the event the survey requirements are waived in whole or part, the District shall then use the best available data in order to arrive at the boundaries and acreage of the land to be acquired.
(3) All surveys shall meet the minimum technical standard for land surveying in the State of Florida as adopted by the Florida State Board of Land Surveyors.
Specific Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History–New 3-1-83, Repealed________.
40B-9.061 Appraisals.
(1) All lands to be acquired shall be appraised by at least one real estate appraiser, except as provided in paragraph 40B-9.041(6)(e), F.A.C., of this chapter.
(2) Appraiser shall have no vested or fiduciary interest in the property to be appraised, except for the professional fee.
(3) After a written contract between the District and the appraiser has been executed, the District shall transmit all pertinent data to the appraiser regarding the assignment.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 5-26-88, Repealed________.
40B-9.065 Disclosure of Beneficial Interest.
In all cases where fee title is not held in a representative capacity the name of the beneficial owner, the requirements of Section 286.23, Florida Statutes, must will be met.
Specific Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.139 373.103, 373.113, 373.171 FS. Law Implemented 286.23, 373.103, 373.139, 373.59 FS. History– New 3-1-83, Amended________.
40B-9.071 Use of Trust Fund.
(1) For lands acquired by negotiation and purchase, the Governing Board shall request the Department to release the District’s share of monies from the Fund by adopting a resolution which shall comply with Chapter 62-402, F.A.C.
(2) For lands acquired by eminent domain, subsequent to the adoption of a resolution authorizing eminent domain proceedings, the Governing Board shall adopt a resolution pursuant to subsection (1) above, which in addition shall authorize the Executive Director or other staff officer to request monies from the Fund as follows:
(a) A request from the District for the District’s share of funds sufficient to pay the owner the amount specified in the final judgment or the stipulation and order.
(b) A request from the District for the District’s share of funds sufficient to pay the amount specified in the court’s order or the stipulation and order for any costs and fees of the owner, whether incurred in the trial court or an appeal.
(c) A request from the District for reimbursement of all the District’s share of costs and fees incurred by the District associated with such acquisition.
(3) The District shall request the Department to release funds specified in subsection (2) above of this section within a sufficient time to allow the District to comply with Section 73.111, Florida Statutes, or Section 74.071, Florida Statutes, and other laws as applicable.
Specific Authority 373.016, 373.044, 373.056, 373.069, 373.0693, 373.073, 373.079, 373.083, 373.103, 373.113, 373.171 FS. Law Implemented 373.103, 373.139, 373.59 FS. History–New 3-1-83, Repealed________.
40B-9.081 Disposition of Surplus Land.
(1) The District may sell or exchange District lands including those which have been acquired with funds from the Water Management District Trust Fund or in exchange for property which has been so acquired. District lands are considered surplus in accordance with Section 373.089, Florida Statutes. when:
(a) They are not required for District or project purposes pursuant to Section 373.59, Florida Statutes;
(b) They have no probable future utility in the land management program of the District; and
(c) They have been declared surplus by the Governing Board.
(2) All funds received from the sale of surplus lands acquired with Water Management District Trust Funds shall be used to purchase other lands meeting the criteria in Section 373.59, Florida Statutes.
(3) The District may convey land not required for its purposes to any governmental agency under such terms and conditions as the governing board may determine in accordance with Section 373.056, Florida Statutes.
(4) The District may retain or convey mineral rights on surplus lands in accordance with Section 270.11, Florida Statutes.
Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 270.11, 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 5-26-88,________.
40B-9.111 Funding of the District Lands Management Program.
(1) Under Section 373.59(8), Florida Statutes, the District may use a specified portion of the Fund for management, maintenance and capital improvements for Lands acquired pursuant to Chapter 373.59, Florida Statutes.
(2) Pursuant to Chapter 62-402, F.A.C., all revenues derived from the use and management of the Lands are returned to the Fund or placed in an account to be used as specified in subsection (1).
(3) The Governing Board shall submit a formal resolution to the Department for funds needed either for reimbursement of expenditures of the District or to meet expected cash needs of the District for the management, maintenance or capital improvements to the Lands that will comply with Section 373.59(3), Florida Statutes.
(4) The District shall allocate a portion of its land management budget for payments in lieu of taxes to qualified counties pursuant to Section 373.59(13), Florida Statutes.
Specific Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.1401, 373.59 FS. History–New 4-1-93, Repealed________.
40B-9.121 Conceptual Management Plans for District Lands.
(1) A Conceptual Management Plan (CMP) shall be prepared by the District for all Lands prior to acquisition. Floodplain information; sensitive water resource or natural resource areas such as springs, wetlands and significant wildlife habitat; evidence of past abuse of the resource such as trash dumping, illegal hunting, cultural artifact collecting, wildfires; economic resources; continuing interests of the seller; historic public use; availability of similar public use resources; or other resources that are specific to a parcel shall be considered in developing the CMP.
(2) The CMP will be available for public review and comment at the public hearing for the proposed acquisition. Each public hearing will be noticed and advertised as required by Chapters 373 and 120, Florida Statutes.
(3) Upon approval of the CMP by the Governing Board and successful acquisition of the parcel, the CMP shall guide management and public use of the Land until the CMP is incorporated into a Resource Management Plan (RMP). CMPs shall be available for review by the public during normal working hours at the District headquarters.
Specific Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Repealed________.
Part II
Land Management and Use
40B-9.122 Resource Management Plans for District Lands.
(1) The District shall develop or have developed Resource Management Plans (RMP) to guide the maintenance, improvement, restoration and use of the acquired Lands by the District, other agencies and the general public.
(2) The RMP will describe the parcel, including its location, external and internal access, resources embodied in or found on the parcel, and management and public use goals for the parcel. The RMP will be developed utilizing the following information resources as appropriate: surface and ground water resource data; aerial photography; field inspections; soils data; data available from sources regarding wildlife and habitat endangerment such as the Florida Natural Areas Inventory; and other data resources that are available to the District.
(3) The RMP will be considered for approval by the Governing Board during a public meeting, noticed pursuant to the requirements of Chapter 120, Florida Statutes. Upon approval of the RMP by the Governing Board, the RMP shall guide management and public use of the Land. RMPs are available for review by the public at the District headquarters.
Specific Authority 373.016, 373.044, 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Repealed________.
40B-9.123 Additional Definitions.
When used in Part II of this chapter:
(1) “Access” means a point where the public can enter District lands by foot, horseback or non-motorized vehicles.
(2) “Aircraft” means any vehicle supported for flight in the air by buoyancy or by the dynamic action of air on its surfaces, including powered airplanes, gliders, and helicopters.
(3) “Boating” includes the use of any type of motorized or non-motorized vessel on water.
(4) “Commercial activity” means the sale or leasing, or offering for sale or lease, for profit any merchandise or service associated with the use of District lands including, but not limited to, providing guide services, vehicles or animals on District lands.
(5) “Camping” means to use a vehicle, tent, or other shelter, and/or to arrange bedding with the intent to stay overnight.
(6) “Concession” means the privilege to establish a commercial activity on District land.
(7) “District lands” means real property to which the Governing Board holds fee simple title.
(8) “Entrance” means a designated location or boundary where public motorized vehicle access to District lands is authorized.
(9) “Facility” or “Structure” means any object placed on District lands intended to be permanently attached to the land, or which would be considered a fixture under Florida Law.
(10) “Firearms and similar devices” means shotguns, rifles, muzzle loading guns, pistols, revolvers, air guns, gas guns, blow guns, bows, crossbows, spear guns, or any other device capable of mechanically propelling an arrow, spear, or other projectile.
(11) “Historic property” or “historic resource” means any prehistoric or historic district, site, building, object, or other real or personal property of historical, architectural, or archaeological value, or folklife resources. These properties or resources may include, but are not limited to, monuments, memorials, Indian habitations, ceremonial sites, abandoned settlements, sunken or abandoned ships, engineering works, treasure trove, artifacts, or other objects with intrinsic historic or archaeological value, or any part thereof, relating to history, government, and culture of the state.
(12) “Mobility-impaired person” means a person who is permanently physically disabled by being either paraplegic, hemiplegic, or quadriplegic, permanently dependent upon a wheelchair for ambulation or permanently required to use assisting aids to walk, or having had a complete single-leg amputation above the knee.
(13) “Motorized vehicle” means any vehicle which travels over land on wheels and is partially or completely powered by a motor, as well as animal-drawn carriages and buggies.
(14) “Paintball equipment” means paint balls, paintball guns, refillable gas tanks, paintball gun propellant canisters, paintball targets, and any other device associated with paintball activities.
(15) “Public road” means any road, path, land, or trail designated by name, number or map for public motorized vehicle access.
(16) “Public Use Guide” is a District publication approved by the Governing Board that specifies the authorized public uses of District lands and the conditions applicable to those uses.
(17) “Recreational site” means an improved or unimproved site established to facilitate recreational use by the public.
(18) “Resource-based recreational purpose” means any outdoor activity that depends on natural resources and includes, but is not limited to, fishing, hunting, horseback riding, bicycling, swimming, camping, hiking, boating, diving, wildlife viewing and other passive recreation.
(19) “Seasonal road” means a road open to public motor vehicle use for hunting or other particular uses during a specific time period, or which may be closed due to periodic site conditions.
(20) “Special Use Authorization” means the granting of a privilege to use District lands for a specified purpose and does not confer any property or possessory interest to the holder.
(21) “Survey” means a certified survey signed by a licensed land surveyor authorized to practice surveying in the State of Florida.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History– New________.
40B-9.125 Scope and Applicability.
(1) District lands shall be managed and maintained, to the extent practicable, in a manner that ensures a balance between public access, general public recreational purposes, and restoration and protection of their natural state and condition. Part II of this chapter establishes how District lands may be accessed by the public, the allowed recreational uses on District lands, the manner in which these uses may be exercised, and uses that are prohibited on District lands.
(2) District lands are open to the public for lawful resource-based recreational purposes except as otherwise conditioned, restricted or prohibited by this chapter or unless such use is inconsistent with the purposes for which the lands were acquired, as provided in the District land management plan.
(3) Nothing in this chapter shall prevent any other federal, state, or local agency, including but not limited to, the entity contractually responsible for managing District lands, from requiring compliance with its rules, regulations, and/or laws to the extent of such entity’s legal authority.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History– New________.
40B-9.126 Access to District Lands.
(1) District lands shall be open to the public during daytime hours only (one and one-half hour before sunrise to one and one-half hour after sunset) unless otherwise posted or authorized.
(2) Public motor vehicle access to District lands is only allowed at designated entrances.
(3) District lands may be accessed from any adjacent waterway or waterbody at any point, unless otherwise posted.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History– New________.
40B-9.131 Public Use of District Lands.
(1) The Lands shall be evaluated and the compatible public uses will be documented in the management plans. This evaluation will be based on the sensitivity of the Land to degradation, the need for specific public uses, the cost to the District to provide the public use, the ability of the District to reasonably assure public safety and other factors that may be applicable to the specific parcel.
(2) The District shall publish and make available to the public upon request a “Save Our Rivers Lands an informational “Public Use Guide” which summarizes allowed activities and use restrictions for each District property. The Public Use Guide, approved by the Governing Board on January 21, 1993, is hereby incorporated by reference. The Public Use Guide will be considered by the Governing Board at a public meeting advertised in accordance with Chapter 120, Florida Statutes. Copies of the District’s Public Use Guide are available at from the District’s headquarters and on its website: www.srwmd.state.fl.us. Additionally, persons the public may apply for authorization of other public uses of District lands, as specified in Rule 40B-9.141, Florida Administrative Code F.A.C., “Special Use Authorizations Licenses.”, of other public uses of the Lands. These applications will be reviewed by District staff using the criteria listed in subsection 40B-9.131(1), F.A.C.
(2)(3) Activities that are not authorized in this section, in the Public Use Guide, posted on the Land or specifically authorized under a Special Use Authorization or otherwise in writing by the District are expressly prohibited and subject to prosecution. The public is advised that Ccompliance with these rules does not preclude the need to also comply with State law and/or other applicable state and federal rules prevent the District’s cooperating agencies, such as the Florida Game and Fresh Water Fish Commission, U.S. Department of Interior, Fish and Wildlife Service, Florida Department of Agriculture and Consumer Services and Florida Department of Natural Resources, from requiring compliance with other rules or laws to the fullest extent of their lawful authority.
(3) The following activities are allowed subject to any conditions and/or restrictions specified herein:
(a) Bicycling is allowed on all District lands open to the public unless restricted by signage.
(b) Boating for recreation is allowed on all District-owned waterways provided:
1. Boats launched from trailers must use boat ramps.
2. Boats must not be operated in a manner which could harm persons, plants, animals, or other natural resources.
The District may prohibit or restrict boating in specific areas as needed to ensure public safety, resource protection, and protection of District facilities or equipment. These restrictions may include limitations on engine horsepower, speed, or vessel type and shall be specific to a water body. Areas closed to boating and boating restrictions shall be posted by signage.
(c) Camping is only allowed on District lands at approved locations and as permitted by a Special Use Authorization issued by the District under Rule 40B-9.141, Florida Administrative Code.
(d) Commercial activity on District lands may be allowed pursuant to prior written authorization in the form of an agreement or lease with the District. A person proposing any commercial activity on District lands must submit the following minimum information to the District:
1. Name and address of business;
2. Name and address of business owner or person responsible;
3. Type of activity to be conducted;
4. Statement justifying the need for the proposed commercial activity in order to facilitate public access and/or use of District lands for a resource-based recreational purpose;
5. Number of participants;
6. Dates and duration of the proposed activity; and
7. Signed statement committing to abide by all applicable District requirements.
Any proposed commercial activity that will exceed one year in duration, require exclusive use of an area of land, or result in monetary consideration to the District, may only occur under a lease agreement approved by the Governing Board.
The District will review the request for compatibility with the applicable land management plan and notify the applicant in writing. Requests to exclusively use a specific site that will impede the public’s use or for uses that will degrade the property will be denied.
(e) Dogs are allowed on District lands provided they are on a leash or caged at all times unless consistent with authorized uses in state wildlife management areas and federal wildlife refuges or specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code. Other types of domesticated animals, such as cats, are prohibited on District lands.
(f) Equestrian and other saddle animals, including those for use with noncommercial horse-drawn carriages and buggies, are allowed on all District lands on roads open to public motorized vehicles and all equestrian trails except where such use is specifically prohibited by signage. The person responsible for bringing a saddle animal onto District lands must have current, written proof of a negative Coggins test result.
(g) Fishing for recreation is allowed on District lands as authorized by the Florida Fish and Wildlife Conservation Commission, unless otherwise posted.
(h) Group recreational, educational or public service uses are allowed on all District lands open to the public provided a Special Use Authorization is issued by the District under Rule 40B-9.141, Florida Administrative Code.
(i) Hiking and other resource-based recreational purposes, such as photography, nature study, orienteering, are allowed on all District lands open to the public except where specifically prohibited by signage. For the purpose of this subsection, the term “hiking” includes jogging, wildlife viewing, or any other recreational activity where travel is by foot only and does not include another activity described in this chapter.
(j) Hunting for recreation is allowed in Florida wildlife management areas in accordance with applicable wildlife management area rules of the Florida Fish and Wildlife Conservation Commission, in United States national wildlife refuges subject to permit, and on District lands as designated and identified by signage. Public hunting areas on District lands must be approved by the Governing Board at a duly noticed public meeting. The District may allow hunting on lands not designated through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
(k) Motorized vehicle use is allowed on District lands on public use and seasonal roads and in other areas designated by signage. The use of motorized vehicles on District lands is subject to the following requirements:
1. All motorized vehicles must be licensed for use on Florida highways.
2. All motorized vehicle operators must be licensed as required by Florida law.
3. All motorized vehicle operators must comply with posted speed limits. If no speed limit is posted, the speed limit is 20 mph.
4. Under Section 316.192, Florida Statutes, driving a motorized vehicle in a willful and wanton disregard for the safety of persons or property is considered reckless driving. Pursuant to Section 316.1925, Florida Statutes, any person who drives a motorized vehicle shall drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb or property of any person. Failure to drive in such a manner is punishable under Section 316.655, Florida Statutes.
5. Emergency motorized vehicles on District lands are not restricted to roads open to the public or to the 20 mph. or other posted speed limits.
(l) Picnicking is allowed on all District lands open to the public, unless otherwise posted.
(m) Research uses are allowed on all District lands provided a Special Use Authorization is issued by the District under Rule 40B-9.141, Florida Administrative Code, and further provided that if the proposed use will close or restrict public access, a contract or lease with the District is required.
(n) Swimming is allowed on District lands only in areas designated by signage.
Specific Authority 373.044, 373.083, 373.1391 373.59 FS. Law Implemented 373.056, 373.096, 373.099, 373.1401 373.59 FS. History–New 4-1-93, Amended________.
40B-9.132 Public Vehicle Use.
(1) Only conventional motorized vehicles, licensed for use on Florida highways, may be operated on the Lands. The use of other motorized vehicles shall require a Special Use License, as specified in Rule 40B-9.141, F.A.C., from the District. Vehicles shall be operated by licensed operators.
(2) Motorized vehicles shall be operated by the public only on roads designated as open for public motor vehicles.
(3) Under Section 316.192, Florida Statutes, driving a vehicle in willful and wanton disregard for the safety of persons or property is reckless driving. Pursuant to Section 316.1925, Florida Statutes, any persons who drive vehicles on the Lands shall drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb or property of any person. Failure to drive in such a manner is punishable under Section 316.655, Florida Statutes.
(4) Motorized vehicle operators shall comply with posted speed limits on the Lands. If no speed limit is posted, then the speed limit is 20 mph.
(5) Horse-drawn carriages and buggies are considered motorized vehicles for the purposes of this rule.
(6) Bicycles and horses are not considered to be vehicles for the purposes of this rule. Bicycling and horseback riding are permitted only on established roads and trails unless these uses are specifically posted as prohibited.
Specific Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Repealed________.
40B-9.133 Possession and Use of Firearms, Archery Equipment, Trapping Devices and Free-running Hunting Dogs.
(1) Hunting, trapping, firearms, archery equipment, trapping devices and the releasing of free-running hunting dogs is prohibited on the Lands unless the Land is opened as a public hunting area and these uses are authorized in the specific public hunting area regulations.
(2) Public hunting areas on the Lands are administered by the District through agreements for services. If the Land is included in a public hunting area, it shall be posted as prescribed by Chapter 810, Florida Statutes. Upon request, the District shall provide reasonable information on the location and specific regulations for all public hunting areas on the Lands.
(3) Public hunting areas shall be established only with the approval of the Governing Board. Governing Board approval shall be given at a public meeting which shall be advertised as required by Chapter 120, Florida Statutes. The District shall enter into a management agreement with the entity to be responsible for managing public hunting on the Lands. These agreements are considered to be authorizations to remove designated game species. The agreements will be available at the District headquarters for review by the public.
(4) Under Section 810.09(2)(c), Florida Statutes, possession of a firearm on those Lands posted as closed to hunting is a third degree felony, punishable as provided in Section 775.082, 775.083, or 775.084, Florida Statutes.
Specific Authority 373.1401, 373.044, 373.59, 810.09 FS. Law Implemented 373.1401, 373.59, 810.09 FS. History–New 4-1-93, Amended 8-7-96, Repealed________.
40B-9.134 Trespass after Notice.
Under Section 810.09(2)(b), Florida Statutes, any person who defies an order to leave the Lands, personally communicated to him by the District or other authorized persons, or who opens or circumvents any fence or closed gate is guilty of a misdemeanor of the first degree punishable as provided in Section 775.082 or 775.083, Florida Statutes.
Specific Authority 373.044, 373.59, 810.09 FS. Law Implemented 373.59, 810.09 FS. History–New 4-1-93, Repealed________.
40B-9.138 Other Prohibited Activities.
The following other activities are prohibited on the Lands:
(1) The possession of alcoholic beverages.
(2) Littering or dumping of refuse.
(3) Vandalism, destruction or removal of posts, cables, chains, fencing, signs, or any other improvements, structures or property of the District.
(4) The removal of trees, animals, plant, soil or mineral matter, or cultural artifacts unless specifically authorized in a legal agreement with the District such as a timber cutting license or a Special Use License, as specified in Rule 40B-9.141, F.A.C.
Specific Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Repealed________.
40B-9.1381 Prohibited Activities.
(1) The following activities are prohibited on District lands to the extent specified herein:
(a) Hunting or trapping animals, and releasing free-running dogs on District lands is prohibited except as provided in paragraph 40B-9.131(3)(h), F.A.C., above.
(b) The possession and/or use of alcoholic beverages on District land is prohibited.
(c) The disposal or discharge of any type of waste outside of designated waste collection facilities on District lands is prohibited.
(d) The disposal of oil, gasoline, or other hazardous substances on District lands is prohibited.
(e) Removing from or altering, destroying, or harming any animal, plant, soil, or mineral on District lands is prohibited, unless associated with:
1. District authorized research efforts;
2. Hunting and fishing activities specifically authorized under Part II of this chapter; or
3. District initiated removals associated with reforestation, control of exotic or nuisance species, timber harvests, or other land management activities.
(f) The introduction or release of any seed, plant or animal on District lands is prohibited unless pursuant to a District approved land management or restoration activity.
(g) Removal, alteration or destruction of historic resources on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
The District shall consult the Florida Department of State, Division of Historical Resources, prior to authorizing the removal, alteration or destruction of any archaeological or cultural resources on District lands. Any person who discovers historic resources on District lands shall immediately notify the District of such discovery.
(h) Scuba diving or the use of underwater breathing apparatus on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code. To receive a Special Use Authorization for scuba diving, in addition to meeting the criteria in Rule 40B-9.141, Florida Administrative Code, the applicant must provide reasonable assurances that the dive is for a scientific or investigative purpose and the person performing the dive is certified for the type of dive to be performed. A person issued a Special Use Authorization to perform a dive from District lands must submit a report upon completion of the dive informing the District of any scientific or historic evidence discovered during the dive.
(i) Taking off or landing aircraft on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code, or the result of a bona fide emergency.
(j) Use of all-terrain, off-road, or other motorized vehicles not licensed for Florida highway use on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code, unless associated with District authorized reforestation, exotic or nuisance species control, timber harvests, or other land management activities, or approved hunts managed by the Florida Fish and Wildlife Conservation Commission.
(k) The mooring of any boat on District lands for more that 24 consecutive hours is prohibited, unless otherwise indicated by signage.
(l) The destruction, removal or alteration of any District-owned facilities, vehicles or other property is prohibited. District-owned property includes, but is not limited to, water control structures, boardwalks, kiosks and other recreational facilities, scientific study plots, photo points, transect lines, survey markers, buildings, towers, recorders, gauges, signs, gates, fences and monuments.
(m) The use of firearms, archery equipment, animal traps, or other similar devices on District lands is prohibited unless specifically authorized for:
1. Hunting activities as authorized under paragraph 40B-9.131(3)(h), F.A.C., above;
2. District initiated land management activities; or
3. A use specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
The possession of firearms or other similar devices on District lands must comply with Chapter 790, Florida Statutes.
(n) The use of paintball guns, paintball markers, and any other paintball equipment on District lands is prohibited.
(o) The possession or discharge of any fireworks or explosives on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
(p) Distributing any handbills or circulars, or posting, placing or erecting any bills, notices, paper signs, advertising devices, or informational matter of any kind, excluding District or management agency notices, on District lands is prohibited.
(q) Igniting any fire on District lands is prohibited except for District authorized prescribed burns or fires specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
(r) Constructing, erecting or maintaining any facility or any other structure of a permanent or semi-permanent nature on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Rule 40B-9.141, Florida Administrative Code.
Any unauthorized facility or structure discovered on District lands shall be removed according to the following procedure:
1. Upon discovery of an unauthorized facility or structure, the District will post a notice on such facility or structure for a period of 14 days, informing the owner that such facility or structure is not authorized and that the owner must immediately remove such facility or structure.
2. If the owner of the unauthorized facility or structure fails to remove such facility or structure within 14 days after posting of the District notice, the District will remove such facility or structure from District lands or claim such facility or structure as District property.
The District may seek reimbursement of costs for removal of any unauthorized facility or structure from the owner of such facility or structure.
(s) Any use of District lands not authorized by Part II of this chapter is prohibited.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History– New________.
40B-9.141 Special Use Licenses.
(1) The public may apply for Special Use Licenses for public use and access, temporary ingress and egress and other purposes consistent with the Conceptual Management Plan, the approved Resource Management Plan or other Governing Board approved District policies. If the application is approved, then a Special Use License will be executed between the Applicant and District specifying the terms of the authorization. If the application is recommended for denial, a written notice will be sent to the applicant specifying the date and time of the public meeting when the Governing Board will consider the recommendation of a denial. The Governing Board shall then either grant the application with or without restrictions or deny the application and state the reason for denial.
(2) Any person receiving a denial may request a hearing by filing a written petition with the District within fourteen (14) days of the Governing Board’s action. The hearing shall be conducted pursuant to Chapter 120, Florida Statutes.
(3) Members of the public who receive Special Use Licenses shall have the License in their possession while on the Lands. Failure to comply with the terms of the License is grounds for revocation and denial of future Licenses. Under Section 810.09, Florida Statutes, any person, who without being authorized or licensed, enters upon or remains in property as to which notice against entering or remaining has been given through communication commits the offense of trespass.
Specific Authority 373.044, 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Repealed________.
40B-9.1411 Special Use Authorizations.
(1) Persons may apply for Special Use Authorizations for public uses of District lands not specifically authorized in Part II of this chapter, the District’s Public Use Guide, and Rule 40B-9.131, Florida Administrative Code, provided the impacts from the requested use are consistent with the District’s Land Management Plan, and other applicable District policies. If the application is approved, a Special Use Authorization will be issued specifying the terms of the Authorization. If the application is denied, the applicant may appear before the District’s Governing Board at a regularly scheduled meeting.
(2) Persons who receive Special Use Authorizations must have the authorization in their possession at all times while on District lands. Failure to comply with the terms of the authorization is grounds for revocation of the authorization and denial of future authorizations.
(3) To receive a Special Use Authorization, the applicant must provide reasonable assurance that the requested use:
(a) Is natural resource-based;
(b) Will not permanently alter District lands;
(c) Is consistent with the management of the District lands involved;
(d) Will not harm the environmental or historical resources of the District lands;
(e) Will not cause unreasonable expense to the District;
(f) Will not create a substantial risk of liability to the District;
(g) Will not harm any dam, impoundment, works, water control structures, roads, or District owned facilities or equipment;
(h) Will not interfere with District leased, licensed, or authorized uses of the land; and
(i) Will not interfere with any other use allowed by Part II of this chapter.
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.
(5) The Governing Board hereby delegates to the Executive Director, Deputy Executive Director and Senior Land Resources Manager, the authority to issue, deny or revoke Special Use Authorizations pursuant to this section.
(6) Any person may apply for a Special Use Authorization according to the following procedure:
(a) Submit an oral or written request addressing the reasonable assurances required by this section to Suwannee River Water Management District Land Acquisition and Management Department at (386)362-1001 or (800)226-1066 (Florida only) or 9225 County Road 49, Live Oak, FL 32060, or complete a pre-approved authorization obtained from a District kiosk on the property.
(b) If the requested use will create a substantial risk of liability to the District, the applicant may mitigate by:
1. Providing proof of liability and property damage insurance naming the District as an additional insured party in an amount sufficient to cover the cost of the liability posed to the District; or
2. Providing waivers or releases of liability sufficient to eliminate the liability posed to the District.
(c) The application shall be reviewed by the Land Acquisition and Management Department for compliance with the criteria listed in this section and a recommendation regarding the application forwarded to the Deputy Executive Director.
(d) If the requested use satisfies all of the criteria set forth in this section, authorized District staff shall issue the Special Use Authorization.
(e) If the requested use does not meet the criteria set forth in this section, authorized District staff shall deny the Special Use Authorization application.
(7) Authorized District staff shall revoke a Special Use Authorization if the person authorized does not obtain all other required federal, state, or local approvals or permits prior to the start of any District authorized use.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1359, 373.1391, 373.1401 FS. History–New________.
40B-9.142 Easements.
(1) The granting of a license or easement for ingress and egress or other rights-of-way will be considered only when there exists a way of necessity as defined in Section 704.01 F.S., or it will benefit the general public.
(2) Where there is no associated clear way of necessity, the right requested must not conflict with the purposes for which the District lands were acquired. Prior to consideration, the following information must be submitted to the District:
(a) A map or aerial photograph at a scale of at least 1:24,000 showing the proposed route and, if applicable, an outline of the property to be benefited;
(b) A complete description of the route, including dimensions, and its intended use;
(c) A description of any practical alternative routes; and
(d) A copy of the deed by which the applicant acquired title to the property to be benefited, if applicable, and any evidence of a claim of right. If a right-of-way is granted, it shall be described and conveyed in the most limited form that meets the intended purpose.
(3) Easements may only be granted upon approval and execution by the Governing Board. The conveyance of any easement by the District shall require payment by the applicant of the fair market value as determined by any of the following:
(a) A real estate appraisal performed by a licensed real estate appraiser on the District’s approved list or by the District’s Staff Appraiser, or the fee value for bare land as documented in an acquisition appraisal and adjusted by an appropriate market index for the period since the District’s acquisition; and
(b) Payment of any reasonable administrative, survey, and legal costs.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.085, 373.093, 373.099, 373.1391, 373.1401 FS. History–New________.
40B-9.145 Leases.
(1) The District may grant a lease to use District land only when the purpose of the lease is consistent with the District’s land management plan and in compliance with the requirements of Section 373.093, F.S. The scope of any lease to use District land shall be restricted to the minimum necessary to conduct the proposed activity. The lease shall include such terms and conditions as are considered to be in the best interest of the District.
(2) A person may request to lease District land by contacting the Suwannee River Water Management District, Land Acquisition and Management Department at (386)362-1001 or (800)226-1066 (Florida only) or 9225 County Road 49, Live Oak, FL 32060.
(3) The Governing Board hereby delegates to the Executive Director the authority to enter into leases of District land where:
(a) The use of District land proposed under the lease is specifically included in a Governing Board approved land management plan;
(b) The total estimated lease revenue is less than $100,000; and
(c) The period of the lease does not exceed five years.
Staff may request Governing Board for approval any proposed lease when staff determines that entering into the lease will provide significant public benefit.
(4) When required by Section 373.093, F.S., the District shall publish notice of its intent to grant a lease of District land in a newspaper in the county in which the land is situated.
(5) Any District lease in existence prior to [effective date of rule] shall remain in effect until it expires by its own terms or is cancelled or revoked. Thereafter, the use authorized by the existing District lease shall be subject to this section.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.085, 373.096, 373.099, 373.1391, 373.1401 FS. History–New________.
40B-9.151 Closure of District Lands.
(1) District The lLands shall be closed to the public when such action is necessary to protect the water resources, natural resources and/or historic cultural resources of the lLand. Such closure is not limited to, but may include those areas that are used for water resource development, water supply development or stormwater management projects, linear facilities, or sustainable agriculture or silviculture.
(2) General Ppublic use of District the lLands is prohibited during events such as flooding, wildfire danger, timber harvesting, land management activities such as prescribed burns or construction, and or other events situations that are result in potentially dangerous conditions to the public or necessary to protect the property. The District shall provide notice to the public of such closures.
(3) District lands may be temporarily closed to the public use when necessary to conduct research, studies, or data collection approved or sponsored by the District. Temporary closure of District the lLands will be posted at all entrances to the affected Lands.
(4) The Governing Board hereby delegates to the Executive Director the authority to close District lands in accordance with this section.
Specific Authority 373.016, 373.044, 373.083, 373.1391 373.59 FS. Law Implemented 373.59 FS. History–New 4-1-93, Amended______.
40B-9.161 Violations.
(1) Pursuant to Under Section 373.613, Florida Statutes, failure to comply with any the provisions of these rules is a misdemeanor of the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes.
(2) The penalties specified identified in these rules are in addition to and cumulative to and do not supersede other legal remedies penalties or options available to District including civil remedies.
Specific Authority 373.044, 373.613 FS. Law Implemented 373.59, 373.613 FS. History–New 4-1-93, Amended________.
40B-9.320 Conflicting Rules.
If an agency has entered into lease agreement with the District regarding specific District lands, the rules of that agency shall apply where in conflict with these rules. If the lease agreement does not address a specific use, or if the agency does not have rules addressing a specific use, then the District’s rules shall apply. In the absence of a lease agreement or specific language in a lease agreement, the District’s rules shall apply.
Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History– New________.