When used in these rules, the following definitions shall
apply unless the context clearly indicates otherwise:
(1) "Accretion" means the process of gradual
and imperceptible additions of sand, sediment, or other material to riparian
lands made by the natural action of water which results in dry lands formerly
covered by water.
means any use of sovereignty lands which requires board approval for letter of
consent, lease, easement, sale, or transfer of interest in such sovereignty
lands or materials. Activity includes, but is not limited to, the construction
of docks, piers, boat ramps, board walks, mooring pilings, dredging of
channels, filling, removal of logs, sand, silt, clay, gravel or shell, and the
removal or planting of vegetation on sovereignty lands.
(3) "Applicant" means any person making
application for a lease, sale, or other form of conveyance of an interest in
sovereignty lands or any other necessary form of governmental approval for an
activity on sovereignty lands.
"Appraisal services" has the same meaning as provided in Rule
"Approved appraisal" has
the same meaning as provided in Rule
(6) "Approved upland
residential units" means the number of residential units given final approval
by a local government for one parcel of land riparian to the affected
waterbody. For the purpose of this rule, conceptual approval shall not be
deemed to constitute final approval.
(7) "Aquaculture" means the cultivation of
aquatic organisms and associated activities, including, but not limited to
grading, sorting, transporting, harvesting, holding, storing, growing and
Activities" means any activities related to the production of aquacultural
products, including, but not limited to, producing, storing, handling, grading,
sorting, transporting, harvesting, and aquacultural support docking.
(9) "Aquaculture Restoration" means the
controlled propagation and subsequent planting and husbandry of native, aquatic
plants and animals on sovereignty submerged lands, not affixed to public or
private dock or pier, for wild population enhancement.
(10) "Aquaculture Use Zone" means a
contiguous tract of sovereignty submerged lands which allows for an array of
multiple aquaculture leases configured to facilitate management and
accretion" means the addition of sand, sediment, or other material to riparian
lands caused by man-made projects and operations which results in dry lands
formerly covered by water.
"Artificial erosion" means the slow and imperceptible loss or washing away of
sand, sediment, or other material from property caused by man-made projects and
(13) "Avulsion" means
the sudden or perceptible loss of or addition to land by the action of water or
the sudden or perceptible change in the bed of a lake or the course of a
means any sovereignty submerged land where any of the following associations of
indigenous interdependent plants and animals occur: grass beds, algal beds,
sponge beds, octocoral patches or beds, hard coral patches or reefs, and tidal
swamps, including mangroves, identified in any reports submitted pursuant to
F.A.C., Communities is intended to reflect identifiable assemblages of
organisms as opposed to scattered or single individuals.
(15) "Board" means Board of Trustees of the
Internal Improvement Trust Fund or delegate.
(16) "Channel" means a trench, the bottom of
which is normally covered entirely by water, with the upper edges of its sides
normally below water.
barrier islands" means a depositional geologic feature consisting of
unconsolidated sedimentary materials in an island configuration which is
subject to direct attack by wave, tidal, and wind energies originating from the
Atlantic Ocean or Gulf of Mexico, and which serves to protect landward aquatic
habitats, such as bays and estuaries, and the interior uplands of the mainland
from oceanic wave, tidal, and wind forces.
"Coastal island" means a coastline
geological feature lying above mean high water that is completely separated
from the coastal mainland by marine or estuarine waters, including those
parcels of land which become insular due to natural causes, and is composed of
any substrate material, including spoil material. This specifically includes,
in addition to exposed coastal islands:
All islands within aquatic preserves except for Lake Jackson, Rainbow River,
and Wekiva River Aquatic Preserves; and,
(b) Other islands within confined or
semi-confined marine or estuarine waters with an open connection to the
Atlantic Ocean or Gulf of Mexico such as bays, lagoons or inlets. Except for
coastal islands within the specified aquatic preserves, it does not include
islands or portions of islands within rivers leading into marine and estuarine
waters more than one mile upstream of a line drawn at the river mouth from
headland to headland.
"DACS" means the Florida Department of
Agriculture and Consumer Services for the purposes of aquaculture in Rules
(20) "Department" means the
State of Florida Department of Environmental Protection (DEP), as administrator
for the Board.
means the Division of State Lands which performs all staff duties and functions
related to the administration of lands, title to which is or will be vested in
the board pursuant to Section 253.002, F.S.
(22) "Dock" means a fixed or floating
structure, including access walkways, terminal platforms, catwalks, mooring
pilings, lifts, davits and other associated water-dependent structures, used
for mooring and accessing vessels.
(23) "Easement" means a non-possessory
interest in sovereignty lands created by a grant or agreement which confers
upon the applicant the limited right, liberty, and privilege to use said lands
for a specific purpose and for a specific time.
(24) "Economic demand" means the Projections
of Marina Need by County as determined by the Department of Environmental
production" means the exploration for, and extraction of, hydrocarbons,
including necessary transmission through pipelines, or the water-oriented
activities related to the generation of electricity.
(26) "Factual or physical exploration
results" means all data and information, excluding interpreted data, gathered
as the result of any and all operations conducted under this use agreement by
means that portion of a coastal island above the upper limit of tidal wetland
vegetation, or, if such vegetation is not present, that portion of the island
above the mean high water line.
(28) "Fill" means materials from any source,
deposited by any means onto sovereignty lands, either for the purpose of
creating new uplands or for any other purpose, including spoiling of dredged
(29) "First come, first
served" means any water dependent facility operated on the sovereign lands of
the state the services of which are open to the general public with no
qualifying requirements such as club membership, stock ownership, or equity
interest, with no longer than one-year rental terms, and with no automatic
renewal rights or conditions. This is intended to cover services offered to
various types, classes or groups of public users and such services need not be
comprehensive. The service offered may be a specialty service such as boat
repair, seafood purchasing, marine slip rentals or shipping terminals as long
as all services offered are open to the general types, classes, or groups of
public users with no qualifying requirements such as club membership or stock
ownership or equity interest.
"Geophysical testing" means the use of gravity, seismic, and similar
geophysical techniques to obtain information and data on oil, gas or other
mineral resources. Seismic techniques include air guns, sparker, sniffer,
waterguns, mini-sleeve systems, steam injection, percussion sampling,
electronic equipment, jet and dart methods, and other non-explosive energy
sources. No explosives shall be used when conducting geophysical testing on or
above sovereignty submerged lands.
(31) "Incidental Crossings" means the laying
of geophysical recording cable on state-owned creek, stream, river or lake
bottoms for the purpose of conducting geophysical surveys pursuant to
geophysical permits issued by the Department.
(32) "Income" means the gross revenue derived
directly or indirectly from the use of sovereignty submerged lands such as slip
rental, lease or sublease fees; dock or pier admission fees; club memberships,
stock ownership or equity interest in activities where an increased revenue is
attributable to the use of the sovereignty submerged lands or "sales" of slips.
However, gross revenue shall not include pass-through fees such as fees for
utility services or sale of the facility or sales of products not occurring on
sovereignty submerged lands. Gross revenue shall include all future payments
made for the transfer of the interest in a slip originally obtained from the
Board's lessee, including transfer of slip rights by slip sublessees, slip
"sellers," slip interest transfers, new club memberships, and other similar
(33) "Lease" means an
interest in sovereignty lands designated by a contract creating a
landlord-tenant relationship between the board as landlord and the applicant as
tenant whereby the board grants and transfers to the applicant the exclusive
use, possession, and control of certain specified sovereignty lands for a
determinate number of years, with conditions attached, at a definite fixed
(34) "Letter of consent"
means a nonpossessory interest in sovereignty submerged lands created by an
approval which allows the applicant the right to erect specific structures or
conduct specific activities on said lands.
(35) "Management agreement" means a
contractual agreement between the board and one or more parties which does not
create an interest in real property but merely authorizes conduct of certain
management activities on lands held by the board.
(36) "Marginal dock" means a dock placed
adjacent to and parallel with and no more than 10 feet waterward from the
shoreline or seawall, bulkhead or revetment.
(37) "Marina" means a small craft harbor
complex used primarily for recreational boat mooring or storage.
(38) "Mean high water" means the average
height of the high tides over a 19-year period. For shorter periods of
observation, "mean high water" means the average height of the high waters
after corrections are applied to eliminate known variations and to reduce the
result to the equivalent of a mean 19-year value.
(39) "Mean high water line" means the
intersection of the local elevation of mean high water with the shore. Mean
high water line along the shore of land immediately bordering on navigable
waters is recognized and declared to be the boundary between the foreshore
owned by the State of Florida in its sovereign capacity and the uplands subject
to private ownership. However, no provision of this rule shall be deemed to
impair the title to privately owned submerged lands validly alienated by the
State of Florida or its legal predecessors.
"Minimum-size dock or pier" means a dock
or pier that is the smallest size necessary to provide reasonable access to the
water for navigating, fishing, or swimming based on consideration of the
immediate area's physical and natural characteristics, customary recreational
and navigational practices, and docks and piers previously authorized under
this chapter. The term minimum-size dock or pier shall also include a dock or
pier constructed in conformance with the exemption criteria in Section
403.813(1)(b), F.S., or in conformance with the private residential
single-family dock criteria in subsection
(41) "Multi-slip docking
facility" means any marina or dock designed to moor three or more
(42) "Nomination" means a
proposal for an oil and gas lease.
(43) "Offshore testing" means geophysical
testing in the water column above sovereignty submerged lands in bays,
estuaries, and Florida Territorial Waters seaward of the mean high water
(44) "Open-air dining area"
means a fixed or floating structure that serves as a platform for tables and
chairs associated with a contiguous upland food or beverage restaurant that is
open to the public.
means individuals, minors, partnerships, corporations, joint ventures, estates,
trusts, syndicates, fiduciaries, firms, and all other associations and
combinations, whether public or private, including the United States of America
and other governmental entities.
(46) "Pier" means a fixed or floating
structure used primarily for fishing or swimming and not designed or used for
mooring or accessing vessels.
"Pre-cut sunken timber," also commonly referred to as "deadhead logs,"
"deadheads," and "sinker wood," means sunken first-growth timber logs that were
hand-cut, harvested and floated to downstream sawmills in the late 1700s to
early 1900s that became waterlogged and sank to the bottom of lakes and
(48) "Preempted area" means
the area of sovereignty submerged lands from which any traditional public uses
have been or will be excluded by an activity, such as the area occupied by
docks, piers, and other structures; the area between a dock and the shoreline
where access is not allowed, between docks, or areas where mooring routinely
occurs that are no longer reasonably accessible to the general public;
permanent mooring areas not associated with docks; and swimming areas enclosed
by nets, buoys, or similar marking systems. When the Board requires an activity
to be moved waterward to avoid adverse resource impacts, the portion of the
nearshore area that is avoided by the proposed activity shall not be included
in the preempted area.
"Private channel" means a channel that is dredged or maintained by private
entities to provide access to or from such locations as private residences,
marinas, yacht clubs, vessel repair facilities, or revenue-generating
residential multi-family dock or pier" means a dock or pier on a common
riparian parcel or area that is intended to be used for private recreational or
leisure purposes by persons or groups of persons with real property interest in
a multi-family residential dwelling such as a duplex, a condominium, or
attached single-family residences or a residential development such as a
residential or mobile home subdivision.
(51) "Private residential single-family dock
or pier" means a dock or pier used for private recreational or leisure purposes
that is located on a single-family riparian parcel or that is shared by two
adjacent single-family riparian owners if located on their common riparian
records" means data collected under the terms of a use agreement for
geophysical testing. Processing involves changing the form of data so as to
facilitate interpretation. Processing operations may include, but are not
limited to, applying corrections for known perturbing causes, rearranging or
filtering data, and combining or transforming data elements. Processing shall
not include the interpretation of any data collected.
(53) "Public channel" means a channel that is
constructed or maintained by a public entity such as a federal or state agency,
local government, or inland navigation district listed in Chapter 374, F.S., or
that is part of a public navigation project, public water management project,
or a deepwater port listed in Section
(54) "Public interest" means
demonstrable environmental, social, and economic benefits which would accrue to
the public at large as a result of a proposed action, and which would clearly
exceed all demonstrable environmental, social, and economic costs of the
proposed action. In determining the public interest in a request for use, sale,
lease, or transfer of interest in sovereignty lands or severance of materials
from sovereignty lands, the board shall consider the ultimate project and
purpose to be served by said use, sale, lease, or transfer of lands or
(55) "Public navigation
project" means an activity primarily for the purpose of navigation which is
authorized and funded by the United States Congress or by port authorities as
defined by Section
(56) "Public utilities" means
those services, provided by persons regulated by the Public Service Commission,
or which are provided by rural cooperatives, municipalities, or other
governmental agencies, including electricity, public water and wastewater
services, and structures necessary for the provision of these services and
transmission lines for public communication systems such as telephone, radio
(57) "Public water
management project" means an activity primarily for the purpose of flood
control, conservation, recreation, water storage and supply, and allied
purposes, which is authorized and funded by the United States Congress, the
State of Florida, or a water management district as defined by Section
(58) "Reclamation of lands"
means restoring the upland shoreline to a condition that existed prior to
avulsion or artificial erosion.
(59) "Registered grandfathered structure"
means any structure that has been formally registered with the department as a
grandfathered structure as evidenced by submittal of an acceptable application
prior to September 30, 1984.
"Restoration Organization" means a Florida corporation not for profit,
incorporated under the provisions of Chapter 617, F.S., and approved by the
Department of State, that conducts business to benefit Florida's aquatic
facilities" means an accessible restroom on a public pier that is connected to
a domestic wastewater facility or portable restroom, pursuant to Rule
F.A.C., secured on a public pier.
(62) "Revenue-generating" means any structure
or activity on sovereignty submerged lands that generates revenue or income by
any means or serves as an accessory activity or facility to any
revenue-generating or income producing operation, such as docking for marinas,
restaurants, hotels, motels, commercial fishing, shipping, and boat or ship
construction, repair and sales. However, the following shall not be construed
to be revenue-generating or income producing: the sole act of mooring a
commercial vessel at the vessel owner's private residential single-family dock;
incidental aquaculture activities on a private residential dock or pier; rental
of a private single-family residence with a dock or pier; or construction by a
developer of a private residential single-family or multi-family dock or
(63) "Riparian rights" means
those rights incident to lands bordering upon navigable waters, as recognized
by the courts and common law.
"Sale" means a conveyance or transfer of title of sovereignty lands in fee
simple by the board, for consideration.
(65) "Satisfactory evidence of sufficient
upland interest" shall be demonstrated by documentation, such as a warranty
deed; a certificate of title issued by a clerk of the court; a lease; an
easement; or condominium, homeowners or similar association documents that
clearly demonstrate that the holder has control and interest in the riparian
uplands adjacent to the project area and the riparian rights necessary to
conduct the proposed activity. Other forms of documentation shall be accepted
if they clearly demonstrate that the holder has control and interest in the
riparian uplands adjacent to the project area and the riparian rights necessary
to conduct the proposed activity.
(66) "Slip" or "wet slip" means an area of
the water column above sovereign submerged lands specifically set aside for a
boatlift or the mooring of a single vessel associated with a docking
submerged lands" means those lands including but not limited to, tidal lands,
islands, sand bars, shallow banks, and lands waterward of the ordinary or mean
high water line, beneath navigable fresh water or beneath tidally-influenced
waters, to which the State of Florida acquired title on March 3, 1845, by
virtue of statehood, and which have not been heretofore conveyed or alienated.
For the purposes of this chapter sovereignty submerged lands shall include all
submerged lands title to which is held by the Board.
(68) "Special Event" means the installation
and use of temporary structures, including docks, moorings, pilings, and access
walkways on sovereign submerged lands solely for the purposes of facilitating
boat shows or boat displays in, or adjacent to, established marinas or
government owned upland property.
(69) "Spoil island" means any artificially
created island having an elevation above water upon formerly submerged
sovereign lands, title to which is vested in the board.
(70) "Spring" means a point where ground
water emerges onto the earth's surface, including under any surface water of
the state, excluding seeps. The term "spring" shall include karst windows, a
depression opening that reveals portions of a subterranean flow or the unroofed
portion of a cave.
run" means a body of flowing water that originates from a spring or whose
primary source of water is from a spring or springs under average rainfall
line" means any cable utilized for the purpose of transmitting such things as
voice communications, video signals, Internet material, electronic mail, or
(73) "Undeveloped coastal
island" means a coastal island not directly or indirectly connected to the
mainland by a bridge suitable for automobile traffic, and which has an overall
density of less than one structure per five acres of fastland as of December
18, 1990. For the purpose of this definition, a structure means a walled and
roofed habitable structure that is principally above ground and affixed to a
permanent foundation with a projected ground area exceeding 200 square feet and
constructed in conformance with all applicable legal requirements. For the
purpose of determining density, facilities such as docks, groins, utility poles
and pipelines are not counted as structures.
(74) "Undeveloped coastal island segment"
means, for an unbridged coastal island with an overall density of greater than
or equal to one structure per five acres of fastland, a segment or portion of
the island which either is at least one-quarter mile in linear shoreline length
or comprises a minimum of 25 percent of the total fastland of the island and
which contains less than one structure per five acres of fastland as of
December 18, 1990. A segment boundary shall be contiguous with a line drawn
from the shore at the point of the outermost structure within a developed area
to intersect each shoreline, then continue laterally along the sinuosity of
each shoreline until another developed area is encountered or the end of the
island is reached. For the purpose of this definition, a structure means a
walled and roofed habitable structure that is principally aboveground and
affixed to a permanent foundation with a projected ground area exceeding 200
square feet and constructed in conformance with all applicable legal
requirements. For the purpose of determining density, facilities such as docks,
groins, utility poles and pipelines are not counted as structures.
(75) "Unregistered grandfathered structure"
means any unregistered revenue generating structure constructed prior to March
10, 1970, or unregistered multi-family residential or other nonrevenue
generating structure constructed prior to March 27, 1982, which preempted at
time of construction in excess of ten square feet of sovereignty submerged land
per foot of shoreline owned by an applicant. Multi-family residential or other
nonrevenue generating structures approved by the board or department between
March 10, 1970 and March 27, 1982, but not constructed until after March 27,
1982, shall also be considered as unregistered grandfathered structures only if
constructed pursuant to a valid Department of Environmental Protection permit
or Department of Environmental Protection exemption.
(76) "Use agreement" means a grant or
agreement which confers upon the applicant a nonexclusive and limited right,
liberty and privilege to use sovereign lands for a specific purpose and for a
dependent activity" means an activity which can only be conducted on, in, over,
or adjacent to water areas because the activity requires direct access to the
water body or sovereign submerged lands for transportation, recreation, energy
production or transmission, or source of water, and where the use of the water
or sovereign submerged lands is an integral part of the activity.