40B-9.021: Definitions
40B-9.042: Inholding and Addition Property
40B-9.081: Disposition of Surplus Land
40B-9.131: Public Use of District Lands
40B-9.1381: Prohibited Activities
40B-9.139: Fees
PURPOSE AND EFFECT: The purpose of this proposed rule is to amend several sections of Chapter 40B-9, Florida Administrative Code, to clarify language in the existing rule; incorporate a Public Use Guide by reference; add language regarding specifically allowed and prohibited uses on District lands; incorporate a use fee schedule by reference; and repeal of the existing provision concerning acquisition of “Inholding and Addition Property.”
SUMMARY: The proposed amendments include changing the defined term “District lands” to “District real property” in the land acquisition portion of the rule; incorporating by reference the District’s Public Use Guide; clarifying where equestrian uses of District lands are allowed; adding an exception clause to the prohibited activities section for activities authorized by a management agreement or lease or conducted by the District; adding a new section which incorporates by reference a “Public Use Fee Schedule” for use of District lands; and repealing existing language governing the acquisition of “Inholding and Addition Property.”
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: With the exception of the proposed new use fees rule, the proposed changes to Chapter 40B-9, F.A.C., will not economically impact individuals and entities, including other governmental agencies, because they are non-substantive. Since the rule does not mandate use of any facilities for which a fee will be charged, any impacts from that provision will be voluntarily assumed. Small businesses that wish to use those facilities on District lands for which the District charges a use fee will be required to pay such fees in accordance with the adopted schedule. The types of individuals and entities that are likely to be affected by the proposed rule are primarily rural and agricultural land owners, and recreational users of District-owned property. With regard to land acquisition, the proposed changes will have no substantive effect. The transactional costs likely to be incurred by individuals and entities required to comply with the new rule should be negligible.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 373.044, 373.083, 373.113, 373.139, 373.1391, 373.171 FS.
LAW IMPLEMENTED: 259.01, 270.11, 373.056, 373.089, 373.093, 373.096, 373.099, 373.103, 373.139, 373.1391, 373.1401, 373.59 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gwen Lord at (386)362-1001
THE FULL TEXT OF THE PROPOSED RULE IS:
40B-9.021 Definitions.
(1) through (4) No change.
(5) “District real property lands” means any fee simple interest or other interest 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 real property lands for a specified period of time.
(7) through (13) No change.
Rulemaking Specific Authority 373.044, 373.083, 373.139 FS. Law Implemented 259.01, 373.103, 373.139, 373.59 FS. History–New 3-1-83, Amended 4-1-93, 5-31-09,_________.
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 a state certified general appraiser; 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.
Rulemaking Specific Authority 373.044, 373.083, 373.139 FS. Law Implemented 373.013, 373.089, 373.139, 373.59 FS. History–New 5-31-09, Repealed_________.
40B-9.081 Disposition of Surplus Real Property Land.
(1) The District may sell or exchange District real property lands considered surplus in accordance with Section 373.089, F.S.
Rulemaking Specific Authority 373.044, 373.113, 373.171 FS. Law Implemented 270.11, 373.089, 373.103, 373.139, 373.59 FS. History– New 3-1-83, Amended 5-26-88, 5-31-09,________.
40B-9.131 Public Use of District Lands.
(1) The District shall publish and make available to the public a “Public Use Guide” dated July 14, 2009, which summarizes allowed activities and use restrictions for each District property or land. The District’s Public Use Guide is hereby incorporated by reference. Copies of the Public Use Guide may be obtained at the District headquarters or at the District’s website: www.mysuwanneriver.com.
(2) through (3)(e) No change.
(f) Horseback riding is Equestrian and other saddle animals, including those for use with noncommercial horse-drawn carriages and buggies, are allowed on all District lands on marked equestrian trails and on all roads open to any public use on roads open to public motorized vehicles and all equestrian trails except where such use is specifically prohibited by signage. Animal-drawn vehicles, such as wagons and buggies, are allowed on all public roads on District lands open to motorized vehicles. The person responsible for bringing equine a saddle animal onto District lands must have unexpired current, written proof of a negative Coggins test result for each animal.
(g) through (n) No change.
Rulemaking Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.093, 373.099, 373.1401 FS. History–New 4-1-93, Amended 5-31-09,________.
40B-9.1381 Prohibited Activities.
The following activities are prohibited on District lands to the extent specified herein unless specifically authorized by the written terms of a Governing Board approved agreement or lease with any governmental entity or public or private utility or as part of a land management operation conducted by the District:
(1) through (19) No change.
Rulemaking Specific Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History–New 5-31-09, Amended________.
40B-9.139 Use Fees.
The District shall publish and make available to the public a “Public Use Fee Schedule” which specifies charges for activities on District lands. The charges contained in the District’s Use Fees Schedule shall apply to the uses on District lands as specified therein. The Public Use Fee Schedule, effective January 12, 2010, is hereby incorporated by reference. Copies of the fee schedule and a list of designated properties may be obtained at the District’s headquarters or at the District’s website: www.mysuwanneriver.com.
Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.1391 FS. History–New________.