(1) These rules
are to implement the administrative and management responsibilities of the
Board, the Department of Environmental Protection and the Department of
Agriculture and Consumer Services regarding sovereignty submerged lands.
Responsibility for environmental permitting of activities and water quality
protection on sovereignty and other lands is vested with the Department of
Environmental Protection. The responsibility for managing aquacultural
activities on sovereignty lands is vested with the Department of Agriculture
and Consumer Services. These rules are considered cumulative. Therefore, a
person planning an activity should consult other applicable rules of the
Department of Environmental Protection and the Department of Agriculture and
Consumer Services regarding aquacultural activities.
(2) These rules shall not affect previous
actions of the board concerning private docks or the issuance of any easement,
lease or any disclaimer concerning sovereign submerged lands. Fee arrangements
in existing leases and easements shall not be subject to the fees of this rule
until expiration of the current term unless otherwise specified in the lease or
grandfathered structures which would require a lease pursuant to paragraph
F.A.C., shall be brought under lease.
(4) Any expansion of an existing activity
shall be subject to the provisions of this rule.
(5) It is declared to be the intent of the
board that if any section, subsection, sentence, clause, phrase, or provision
of this rule is held invalid or unconstitutional, such invalidation or
unconstitutionality shall not be construed as to render invalid or
unconstitutional the remaining provisions of this rule.
Fla. Admin. Code Ann. R.
Rulemaking Authority 253.03(7), 253.73 FS. Law Implemented
253.002(1), 253.03, 253.12, 253.68, 253.77
New 3-27-82, Amended
8-1-83, 9-4-84, Formerly 16Q-21.02, 16Q-21.002, Amended 12-25-86, 3-15-90,
9-1-09, Amended by
Register Volume 45, Number 044, March 5, 2019 effective