(1) No spoil
islands shall be developed except upon a clear showing that the development is
in the public interest and hardship would result if the development was not
(2) Proposals for
public development of spoil islands may be authorized after comments have been
solicited and received from the appropriate public agencies determining that
the public interest would be served by the development.
Unauthorized structures that have been
constructed on spoil islands shall be removed. The procedure for removal shall
be as follows:
(a) The individual claiming a
possessory interest in any structure shall be served notice by certified mail
that he is trespassing and that he must remove the structure within 120 days of
receipt of the notice.
(b) If the
individual fails or refuses to remove the structure within 120 days of receipt
of the notice, the board shall have the structure removed at the individual's
(c) If the individual
cannot be located, notice of trespass and intent to remove the structure shall
be posted on the structure for 120 days prior to removal.
(4) Continuing human habitation of any spoil
islands is prohibited.
Fla. Admin. Code Ann. R.
FS. Law Implemented
New 9-26-77, Formerly
16C-12.05 and 16Q-17.05, Revised 3-27-82, Formerly 16Q-21.12,