21308589, 18-21.002 - Florida Administrative Rules, Law, Code, Register

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Notice: 21308589

Notice of Proposed Rule

Department:

BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND

Chapter:

SOVEREIGNTY SUBMERGED LANDS MANAGEMENT

Overview

RULE:

18-21.002	Scope and Effective Date
18-21.003	Definitions
18-21.004	Management Policies, Standards, and Criteria
18-21.00401	Additional Requirements and Procedures for Concurrent Review of Related Applications
18-21.005	Forms of Authorization
18-21.0051	Delegation of Authority
18-21.0056	Procedures for the Review of Applications to Conduct Geophysical Testing
18-21.007	Applications for Letter of Consent
18-21.0077	Applications for Use Agreements
18-21.008	Applications for Lease
18-21.0082	Applications for Special Event Authorizations
18-21.009	Applications for Public Easement
18-21.010	Applications for Private Easement
18-21.011	Payments and Fees
18-21.013	Applications to Purchase Filled Lands Adjacent to Riparian Uplands
18-21.019	Applications, Standards, Criteria, Fees, and Forms for Disclaimers, Quitclaim Deeds or Certificates to Clear Title Formerly Submerged Sovereignty Lands, Filled-In, Bulkheaded, or Permanently Improved in Accordance with Chapter 253, F.S.
18-21.020	Aquacultural Activities
18-21.021	Applications for Aquacultural Activities
18-21.022	Payments and Fees for Aquacultural Activities
18-21.900	Forms (Repealed)

PURPOSE:

The Department gives notice that it is proposing to amend multiple sections within Rule 18-21, F.A.C. The proposed amendments are to provide regulatory and proprietary guidance by clarifying rule language, deleting the need for appraisals in certain situations, amending a delegation of authority, deleting the need for surveys in certain situations, eliminating unnecessary language, addressing changes recommended by JAPC, and amending the rule to match statutes including Section 253.0346, F.S.

SUMMARY:

Sections of 18-21 are being updated to clarify rule requirements and correct outdated references. Specific changes to rule sections are outlined below:
Rule 18-21.003, F.A.C., is amended for clarification/consistency with other rules, adds definitions relating to open-air dining, restrooms, pre-cut sunken timber and slip or wet slip.  Update definitions for DACS’ aquaculture lease areas.
Paragraph 18-21.004(1)(g), F.A.C., is amended to provide for minimal secondary nonwater dependent uses pursuant to statute. Removes criteria related only to public projects.
Subparagraph 18-21.004(1)(g)1.2., F.A.C., is amended to provide criteria for open-air dining and tenancy at mooring fields and anchorages. 
Paragraph 18-21.004(3)b, F.A.C., is amended to change timing of when proof of upland interest must be provided when seeking authorization to use sovereignty submerged land.
Paragraph 18-21.004(3)d, F.A.C., is amended to allow the Board of Trustees to determine whether it is in the public interest to make an exception to setbacks.
Subparagraphs 18-21.004(4)(b)3, F.A.C. and 18-21.004(4)(g), F.A.C., is amended so that CEs will no longer be required for multi-family docks originating from a common parcel.
Paragraph 18-21.004(7)(h), F.A.C., is amended to clarify that activities shall not interfere with the public easement for traditional uses of the sandy beaches.
Rule 18-21.00401, F.A.C., is amended to revise rule references for permit applications and proprietary authorizations.
Subparagraph 18-21.005(1)(b)1., F.A.C., is amended to allow statutory exemptions for private residential single- family docks in Boca Ciega Bay and Pinellas County APs to be granted consent by rule.
Paragraph 18-21.005(1)(c), F.A.C., is amended to provide less regulation for single-family homeowners in some situations and to provide a form of authorization for public piers to have restrooms and to allow for open-air-dining areas.
Subparagraph 18-21.005(1)(e)14., F.A.C., is amended to provide a form of authorization for deadhead logging.
Paragraphs 18-21.0051(2)(a) and (b), F.A.C., are amended to address preempted area rather than number of slips and increases authorization to approve preempted area to less than 150,000 by delegation.
Subsection 18-21.0051(2), F.A.C., is further amended to clarify that open-air dining and public mooring fields that do not meet rule must go to the Board and to address tenancy in public mooring fields.
Subsection 18-21.008(1), F.A.C., is amended to clarify the lease term, and to change survey requirements to allow for submittal of sketches in certain circumstances, and to update fees to current level.
Subparagraph 18-21.008(2)(a)(4), F.A.C., is amended to add that a facility that is in compliance can get an extended term at renewal.
Subparagraph 18-21.0082(2)(c)7., F.A.C., is amended to delete an unnecessary form.
Subparagraph 18-21.009(1)(e)7., F.A.C., is amended to add total square footage to the list of items required on the sketch for public easements.
Paragraph 18-21.010(1)(f), F.A.C., is amended to change survey requirements to allow for submittal of sketches in certain circumstances for private easements.
Subsection 18-21.010(5), F.A.C., is amended to set a maximum term of 25 years for private easements.
Paragraph 18-21.011(1)(a), F.A.C., is amended to clarify language required by 253.0347(2)(c), F.S. and to delete language requiring appraisals and to remove lease term language.
Paragraph 18-21.011(1)(b), F.A.C., is amended to negate the need for an appraisal and to apply a specific multiplier to the base fee and to clarify the application of the phrase “not an adjunct to a commercial endeavor” and to align the rule with statute.
Paragraph 18-21.011(2)(b), F.A.C., is amended to allow broker’s opinion of value and CSA for private easement valuation.
Paragraph 18-21.011(2)(d), F.A.C.,	 is amended to add fee for deadhead logging easements.
Paragraph 18-21.011(2)(e), F.A.C, is amended to clarify that no fees for treasure salvage are required. 
Paragraph 18-21.011(3)(c), F.A.C., is amended to revise language for waiver requirements on dredged materials.
Subparagraph 18-21.013(3)(c)1., F.A.C., is amended to clarify landowner responsibility to pay the present value of illegal fill done by a predecessor in title rather than two times the present value.
Rule 18-21.019, F.A.C., is amended to remove two unnecessary applications for artificial erosion and avulsion. 
Rule 18-21.021, F.A.C., is amended to update how to locate forms on the internet, to update aquaculture lease area language, and to update the terms for lease renewals, modifications and assignments.
Rule 18-21.900, F.A.C., is deleted to eliminate unnecessary and duplicative statutory language.

RULEMAKING AUTHORITY:

161.055, 253.002, 253.03, 253.03(7), 253.03(11), 253.0345, 253.12, 253.73, 253.77, 258.43, 373.026, 373.043, 373.044, 373.418, 373.427, 379.2341 F.S.

LAW:

120.60, 161.041, 161.055, 253.001, 253.002, 253.002(1), 253.03, 253.03(11), 253.0345, 253.0347, 253.04, 253.115, 253.12, 253.129, 253.141, 253.43, 253.431, 253.47, 253.512, 253.52–54, 253.61, 253.665, 253.67-75, 253.77, 258.42, 258.43, 373.026, 373.413, 373.414(11)-(16), 373.416, 373.427, 373.427(2)(a), 373.4275, 597.010 F.S

PRINT PUBLISH DATE:

12/28/2018 Vol. 44/251

COMMENTS:

From 12/28/2018 To 1/18/2019 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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