Fla. Admin. Code Ann. R. 18-2.019 - Procedures to Obtain Authorization

(1) Written authorization from the Trustees is required to conduct activities on Trustee-owned uplands.

(2) An applicant shall have 90 days to respond to a request for additional information. If the additional information is not received by the division within the 90 day period, the application shall be considered deactivated.

(3) Public notice.

(a) After receiving an application in compliance with such forms as may be required by this rule requesting the Trustees to sell, exchange, lease, or grant an easement on, over, under, above, or across any land to which it holds title, the Trustees must provide notice of the application. The notice must include the name and address of the applicant; a brief description of the proposed activity and any mitigation; the location of the proposed activity, including whether it is located adjacent to an Outstanding Florida Water or an aquatic preserve; a map identifying the location of the proposed activity subject to the application; a diagram of the limits of the proposed activity; and a name or number identifying the application and the office where the application can be inspected. A copy of this notice must be sent to those persons who have requested to be on a mailing list and to each owner of land lying within 500 feet of the land proposed to be leased, sold, exchanged, or granted for an easement, addressed to such owner as his name and address appears on the latest county tax assessment roll.

(b) The department shall consider comments and objections received in response to the public notice in reaching its decision to approve or deny use of Trustees-owned lands for a proposed activity. If objections are raised which show that the activity does not conform to the requirements of this rule, and the local public would be affected by the activity, the department shall hold an informal public hearing in the county in which the subject property lies.

(c) The department shall provide notice of intended agency action to the applicant and to those who have requested a copy of the intended agency action for that application.

(d) In addition to the notice and publication requirements of paragraph (a) above, before any lease for oil and gas activities within a radius of 3 miles of the boundaries of any incorporated city, or town, or within such radius of any bathing beach, or beaches, outside thereof is offered, the department shall hold a public hearing. Such public hearing shall be noticed by publication once in a newspaper of general circulation, published at least one week prior to said hearing, in the vicinity of the land, or lands, offered to be leased. After such hearing, the board may withdraw said land, or any part thereof, from the market, and refuse to execute such lease or leases if it considers such execution contrary to the public welfare.

(e) Failure to provide the notice as set out in paragraphs (a) and (c) will not invalidate the sale, exchange, lease, or easement.

(f) The notice and publication requirements of this paragraph do not apply to:

1. The release of any reservations contained in Murphy Act deeds or other deeds of the Trustees;

2. Any conveyance of uplands which do not exceed 5 acres in area;

3. The lease or easement for any land when the land is being leased to a state agency;

4. The conveyance of lands pursuant to the provisions of Section 373.4592, F.S.; or

5. Renewals, modifications or assignments.

6. Leases where management of a property has been determined through the selection process for a state acquisition list.

(4) Applications for authorization to use uplands shall be accompanied by a non-refundable application fee. This fee does not apply to applications filed by agencies. Fees shall be made payable to the Florida Department of Environmental Protection. The application fees are as follows:

(a) Lease:	$300
(b) Sublease:	$300
(c) Renewal, Modification, or Assignment:	$300
(d) Easement:	$300
(e) Use Agreement:
1. Geophysical Testing involving uplands only	$800
2. Geophysical Testing involving submerged lands and uplands	$1, 000
3. Others	$300
(f) Disposal of Lands:	N/A
(g) Exchange of Lands:	$300
(h) Mineral Interest Sale:	$1, 000
(i) Release of Reservation	$300
(j) Reactivation of an Application and transfer or assignment of a previous authorization:	Same as the original fee.

(5) Before a building or parcel of land is offered for lease or sale, it shall first be offered for lease to state agencies, state universities, and Florida College System institutions. The Board shall give priority to state universities and Florida College System institutions over state agencies.

(6) In lieu of the application procedure for leases in this rule, before a surplus parcel or building owned by the Board is leased to a state university, Florida College System institution, or state agency, Section 253.0341(7), F.S., requires the applicant to submit a business plan to the Board for its review and approval. State universities, Florida College System institutions, and state agencies must follow the following application procedures:

(a) A state university, Florida College System institution, or state agency shall submit written notice of its intention to submit a business plan and desire to apply for a lease after the offer for lease is published. Within 60 days after publication of the offer of lease, the state university, Florida College System institution, or state agency shall submit its business plan to the Department for consideration by the Board.

(b) If the applicant chooses to combine elements in its business plan, it shall clearly indicate where in the business plan all statutory requirements of Section 253.0341(7), F.S., and the requirements of this rule are met. The plan shall contain an explanation of such combinations.

(c) A business plan from a state agency shall consist of:

1. A description of the proposed use, including future use, of the building or parcel.

2. A timeline for the renovation or construction of any capital improvements.

3. A statement certifying that the plan submitted to the Board for its review and approval has been approved by the agency head.

4. A description of how the proposed use is of public benefit to the state.

5. All data, studies, and analyses that demonstrate the building or parcel meets an existing need of the applicant that cannot otherwise be met.

6. A capital improvement plan that includes, but is not limited to, projected costs for any building located on or proposed to be located on the parcel.

7. The estimated cost of renovations to any building located on the parcel.

(d) A business plan from a state university or Florida College System institution shall consist of:

1. A description of the proposed use, including future use, of the building or parcel, and a statement of how such future use is consistent with its campus master plan.

2. A statement certifying that the plan submitted to the Board for its review and approval has been approved by the Trustees of the state university or Florida College System institution.

3. A description of how the proposed use is of public benefit to the state.

Notes

Fla. Admin. Code Ann. R. 18-2.019

Rulemaking Authority 253.03, 253.0341 FS. Law Implemented 253.03, 253.0341, 253.115, 253.42, 253.52, 253.77 FS.

New 6-4-96, Amended by Florida Register Volume 43, Number 085, May 2, 2017 effective 5/15/2017.

New 6-4-96, Amended 5-15-17.