Fla. Admin. Code Ann. R. 18-21.0051 - Delegation of Authority
(1) The purpose
of this section is to delegate certain review and decision-making authority of
the Board, regarding the use of sovereignty submerged lands, to the Secretary
of the Department of Environmental Protection, the Commissioner of Agriculture,
and the Governing Boards of the Northwest Florida Water Management District,
Suwannee River Water Management District, the St. Johns River Water Management
District, the Southwest Florida Water Management District, and the South
Florida Water Management District, as applicable.
(2) The Secretary of the Department of
Environmental Protection and the Governing Boards of the Northwest Florida
Water Management District, Suwannee River Water Management District, the St.
Johns River Water Management District, the Southwest Florida Water Management
District, and the South Florida Water Management District are delegated the
authority to review and take final agency action on applications to use
sovereignty submerged lands when the application involves an activity for which
that agency has permitting responsibility, as set forth in the respective
operating agreements between the Department and the water management districts
identified in subsection
62-113.100(3),
F.A.C., unless the final agency action is to approve any of the following
proposed activities:
(a) Proposed leases or
modifications to existing leases having a preempted area, as defined in rule
18-21.003, F.A.C., of more than
150, 000 square feet, including proposed leases for mooring fields that don't
qualify for the general permit under rule
62-330.420, F.A.C., and
additions to existing docking facilities where the size of the proposed
additional preempted area exceeds 10% of the existing preempted area and the
total of existing and proposed additional preempted area exceeds 150, 000
square feet.
(b) Private easements
of more than 5 acres, except for the installation of telecommunication lines
and associated conduits in special consideration areas designated in paragraph
18-21.004(2)(l),
F.A.C., in which case, prior to taking final agency action for such
installations, staff will provide the Board with notice and an opportunity to
request that the application be placed on the Trustees agenda or the removal of
pre-cut sunken timber.
(c) Open-air
dining areas that do not meet the criteria in subparagraph
18-21.004(1)(g)
1., F.A.C.
(d) The establishment of
a mitigation bank.
(e) Applications
involving approval of an exception to the maximum cumulative preemption for a
private residential multi-family dock or pier in accordance with subparagraph
18-21.004(4)(b)
2., F.A.C., or
(f) Public mooring
fields that have a preempted area of more than 150, 000 square feet that don't
qualify for the general permit under rule
62-330.420, F.A.C. or public
mooring fields with tenancy between 6 - 12 months that do not meet the criteria
in paragraph 18-21.004(1)(o),
F.A.C., or public mooring fields with tenancy longer than 12
months.
(3) The
Commissioner of Agriculture is delegated the authority to review and take final
agency action on behalf of the Board on applications to use sovereignty
submerged lands and water columns for any activity for which the Department of
Agriculture and Consumer Services has responsibility pursuant to sections
253.67 -
253.75 and
597.010, F.S., except the Board
shall retain authority to grant the following:
(a) Establishing any areas for leasing, new
leases, expanding existing lease areas, or changing the type of lease activity
in existing leases; and,
(b)
Authorizing aquacultural activities in a managed area, such as state parks,
aquatic preserves, marine sanctuaries, or research reserves, when the
Department of Environmental Protection has determined that the proposed
aquaculture activity is inconsistent with the management goals and objectives
of that area.
(4) The
Secretary of the Department of Environmental Protection and the Governing
Boards of the specified Water Management Districts and the Commissioner of
Agriculture may further delegate review and decision making authority for
activities authorized under rule
18-21.002, F.A.C., to staff
within their respective agencies.
(5) The delegations set forth in subsections
(2) and (3) are not applicable to a specific application for a request to use
sovereignty submerged lands under chapter 253 or 258, F.S., where one (1) or
more members of the Board, the Department of Environmental Protection, the
Department of Agriculture and Consumer Services, or the appropriate water
management district determines that such application is reasonably expected to
result in a heightened public concern, because of its potential effect on the
environment, natural resources, or controversial nature or
location.
Notes
Rulemaking Authority 253.002, 253.73 FS. Law Implemented 253.002, 253.67-.75, 597.010 FS.
New 10-12-95, Amended 10-29-03, 10-27-05, 9-1-09, 3-21-19.
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