Notice of Change/Withdrawal

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Office of the Secretary
RULE NO: RULE TITLE
62S-3: MARJORIE HARRIS CARR CROSS FLORIDA GREENWAY STATE RECREATIONAND CONSERVATION AREA
62S-3.001: Definitions
62S-3.002: Operations, Activities and Recreation on the Marjorie Harris Carr Cross Florida Greenway
62S-3.003: Determination and Applicability of Fines
NOTICE OF CHANGE
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. 31 No. 30, July 29, 2005 issue of the Florida Administrative Weekly.

62S-3.001  Definitions.  The terms used in this chapter are defined as follows:

(1) through (20)  No change.

Specific Authority 260.016 FS.  Law Implemented 253.7821, 260.016 FS.  History – New 10-21-01, Amended                    .

 

62S-3.002  Operations, Activities and Recreation on Lands Under the Management of the Office of Greenways and Trails.  The provisions provision of this rule may be enforced by any local, state or federal law enforcement officer acting within their jurisdiction.  Fines will be imposed under Rule 62S-3.003, F.A.C., on persons who fail to comply with these rules.  The following shall govern operations, activities and such recreation on the lands under the management of the Office.

(1) through (5) No change.

(6)  Introduction of Species. No person shall introduce into any lands under the management of the Office any plant or animal species by willful abandonment, negligence or for any other reason without authorization of the Office.  Authorization shall be granted if such activity is for scientific or educational purposes, and when the Office determines that it provides some benefit to the Office for management purposes (such as provision of a copy of the scientific report generated to the Office); that it is not harmful to resources on lands under the management of the Office; and that the activity is consistent with Greenway management practices, and in keeping with protection, restoration, and maintenance of natural resources.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(7)  Collection of Specimens.  Authorization must be obtained for the collection of natural objects, including plant and animal life and minerals.  Authorization shall be granted if such collection is for scientific or educational purposes, and the Office determines that it provides some benefit to the Office for management purposes (such as provision of a copy of the scientific report generated to the Office); and that the activity it is not harmful to resources on lands under the management of the Office.; and that it is consistent with Greenway management practices.  Collection shall be conducted in compliance with the written authorization.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(8)  Construction Activity.  No person shall commence or conduct any construction activities upon any land or water areas within the boundary of lands under the management of the Office, without first obtaining written authorization from the Office.  Authorization shall be granted only in cases where the construction activity is consistent with Office management practices, and in keeping with protection, restoration, and maintenance of natural resources.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(9)  No change.

(10)  Designated Public Areas.  The Office, in accordance with Chapters 253 and 260, F.S., shall may prohibit or regulate any activity that lessens the health, safety, or recreational experience of the visiting public, lessens the natural or cultural value of lands under the management of the Office or damages lands under the management of the Office or any facility thereof.  Except as provided herein, all recreational activities will occur at locations designated for such activities by the Office.  When utilizing recreational trails, users shall stay on the trails designated for that purpose.

(11)  No change.

(12)  User Fees. User fees shall be established as follows:

(a)  User fees for primitive camping at campground facilities on lands under the management of the Office shall be $12 per night.  User fees for recreational vehicle camping at campground facilities on lands under the management of the Office shall be $22 per night.  A 50% discount will be allowed for Florida senior citizens and Florida citizens with proof of 100% disability.

(b)  User fees for the use of boat ramp facilities on lands under the management of the Office shall be $5. The Office shall establish standard user fees for boat ramp and campground facilities, after consideration of user demand, cost of managing and operating the facility, type of facilities available, and season.  User fees for boat ramp and campground facilities shall be established for and posted at each site.

(c)  User fees shall be waived by the Office or the site manager or designee as follows:

1. through 5. No change.

(13) through (16)          No change.

(17) Boating and Vessels.  Boating and operation of vessels in waters within the boundary of on lands under the management of the Office shall be conducted as follows:

(a) through (b) No change.

(c)  No person operating passenger vessels or excursion boats from outside the boundary of lands under the management of the Office that are for rent or hire or carrying passengers for money shall land or anchor or tie up at any facility within the boundary of lands under the management of the Office without first having applied for and received written authorization from the Office.  Authorization shall be issued when it is determined by the Office that the request to provide this service would not adversely affect Office-managed resources, would be consistent with Office management practices and would provide a needed visitor service.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.  All persons operating such vessels shall be subject to all federal and state boating rules and regulations.

(18) Alcoholic Beverages.  Possession of alcoholic beverages within the boundary of lands under the management of the Office is prohibited except by written authorization.  Authorization shall be issued only when special events occur and the licensed concessionaire makes reasonable provisions to ensure that minors are not served and are not able to acquire alcohol, such as an over-21 area with no liquor to be taken outside such areas.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.  Authorization under this rule is not necessary for riparian upland owners on Lake Rousseau and their invitees when they are performing or engaging in normal riparian rights activities, such as fishing, swimming or boating, or when they are engaged in navigation, including anchoring or trolling.  However, when such riparian upland owners or invitees are landing at a public boat ramp or other public area within the Greenway, other than in an emergency, possession of alcoholic beverages shall be prohibited.

(19) No change.

(20) Merchandising and Food. No person shall offer for sale any article, food or material, nor place any stand, cart, or vehicle for the transportation, sale or display of any article, food or material for sale within the boundary of lands under the management of the Office unless authorized by the Office.  Authorization shall be issued when resources are not adversely affected, existing contractual relationships are not impaired, and a needed visitor service is provided., and the activity would be consistent with Office management practices.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.  Florida law and local ordinances may require vendors to obtain licenses prior to selling food or other merchandise.  Authorization from the Office for sale of food or other merchandise on lands managed by the Office does not replace or supersede any such requirements. All such vendors must have all current licenses required by the state and local governments.

(21) Hours.  Hours for facilities on lands under the management of the Office shall be as follows:

(a) The opening and closing hours for each facility shall be sunrise to sunset. posted. Greenway  Facilities may be closed on Holidays listed in subsection 62S-3.001(6), F.A.C., of this rule.  No person shall remain at any facility after closing unless properly registered as an overnight visitor or in possession of valid authorization from the Office.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(b) The Department may close any facility or portion of said facility to the public at any time and for any interval of time, either temporarily or at regular stated intervals, and either entirely or only for certain uses.  Closed areas will be posted by the Office on maps, signs, or by other reasonable notice. Closures will be used to assure visitor and employee safety, resource protection, operational efficiency, and facility maintenance.  No person shall remain in any closed area unless authorized by the Office.  Authorization shall may be granted by the Office, when it is necessary for safety, protection, construction, or restoration purposes.  Authorization may be obtained by submitting a written request to the Office of Greenways and Trails, MS 795, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(22) No change.

(23) Free Speech Activities. Free speech activities are allowed and encouraged on lands under the management of the Office.  Such activities include public speaking, performances, distribution of printed material, protests, marches, displays, and signs.  Such activities do not include obscene or commercial materials or activities.  Any person planning a free speech activity, which meets the definition of “special event” under Rule 62S-3.001, F.A.C., is encouraged required to contact the Office or the site manager to discuss plans for such an event.  There is no requirement for a permit.  Restrictions shall only be placed on free speech activities if the Office or the site manager determines that any of the following exists:  staff, including law enforcement, is not immediately available to protect public safety during the planned event, and such staff or law enforcement are required for public safety given the size or manner of the event; the activity planned would cause significant or unreasonable damage to the resource; the activity would unreasonably interfere with the normal use or flow of the management of the land under the management of the Office; free speech participants or other recreational users on lands under the management of the Office would likely be injured or endangered by the planned event; or another group activity has already been approved for the area and the time of the planned free speech activity.  Free speech activities shall only be performed in accordance with all other rules of this chapter.

Specific Authority 260.016 FS.  Law Implemented 253.05, 253.7821, 260.016 FS.  History – New 10-21-01, Amended                    .

 

62S-3.003  Determination and Applicability of Fines.

The following shall govern how fines are determined and applied on lands under the management of the Office when persons violate any of the rules in this chapter.

(1) through (5) No change.

Specific Authority 260.016 FS.  Law Implemented 253.7821, 260.016 FS.  History – New 10-21-01, Amended 7-30-03,________________.