Fla. Admin. Code Ann. R. 62D-2.013 - Park Property and Resources

(1) Objective. All state parks have been established for the protection and preservation of their natural features or historic significance and for public use and enjoyment of the areas and facilities. The objective of these rules is to provide maximum public use consistent with the preservation of the natural features and historic value. State parks include all real property in the State of Florida under the jurisdiction of the Florida Department of Environmental Protection, Division of Recreation and Parks, or which may come under its jurisdiction regardless of the property's designation. Among the designations included in the state park system are state park, state recreation area, state archaeological site, state historic site, state geological site, state botanical site, state preserve, state garden, state museum, state reserve, state cultural site, state wildlife park, state folk culture center, and state trail. For purposes of this chapter, Department shall mean the Department of Environmental Protection, and Division shall mean the Division of Recreation and Parks of the Department.

(2) Removal or Destruction of Park Property and Resources. No person shall destroy, injure, deface, mar, move, dig, harmfully disturb or remove from any park area, or the waters thereof, any buildings, structures, facilities, historic ruins, equipment, park property, soil, sand, gravel, rocks, stones, minerals, marine plants or animals, artifacts, or other materials. No person shall cut, carve, injure, mutilate, move, displace, or break off any water bottom formation or growth. Nor shall any person possess, break off, or in any way damage any stalactites, stalagmites or other cave formations. No rope, wire, or other contrivance whether permanent or temporary, shall be attached to any natural feature or property within a park.

(3) Fires. No person shall ignite or attempt to ignite any fire against or on any vegetation or park structures, except in designated fireplaces or grills. No person shall dispose of burning matches, smoking materials or other inflammable items within any park except in designated receptacles. Prescription burning shall be conducted by the Division where appropriate for the restoration, maintenance and preservation of certain plant communities.

(4) Plant Life.

(a) All plant life, terrestrial, aquatic, and aerial, is the property of the State of Florida. No person shall cut, carve, or damage the bark, or break off limbs or branches or mutilate in any way, or pick the flowers or seeds of any plant or tree. Nor shall any person dig in or otherwise disturb grass areas or in any other way impair the natural condition of any area; nor shall any person place debris or materials of any kind on or about any tree or plant.

(b) No person shall transplant or remove any plant life from any park, except as provided herein. The Division shall control invasive exotic plants where appropriate for the restoration, maintenance, and preservation of native plant communities.

(5) Animal Life.

(a) No person shall possess, molest, harm, frighten, kill, trap, hunt, chase, capture, shoot or throw any object at any mammal, bird, reptile, amphibian, or any other animal except as provided for in paragraph (d), below; nor shall any person remove the eggs, nest or young of any such animal; nor shall any person collect, remove, possess, give away, sell or offer to sell, or buy or offer to buy, or accept as gift, any specimen, alive or dead, of the groups of tree snails. The public is prohibited from killing, capturing, or molesting poisonous snakes. Park personnel are authorized to remove poisonous snakes from public areas of parks.

(b) No person shall feed or attempt to pet any wild animal.

(c) No person shall capture, collect, or in any way harm any animal life, except fish commonly referred to as edible or game species or as otherwise provided herein.

(d) Hunting and fishing in reserves may be allowed where substantial fish and wildlife habitat and resources exist. Management activities which maintain a natural diversity of plant and animal species will be encouraged. All fishing and hunting will be in accordance with subsections 62D-2.014(9) and (10), F.A.C. Hunting is prohibited in all state parks, state recreation areas, state archaeological sites, state historic sites, state geological sites, state botanical sites, state preserves, state museums, state cultural sites, state wildlife parks, state folk culture centers, state trails and state gardens.

(6) Introduction of Species. No person shall introduce into any park any plant or animal species by willful abandonment, negligence or for any other reason without authorization of the Division. Authorization shall be granted when the Division determines that the activity is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and in keeping with protection, restoration, and maintenance of natural resources. Authorization may be obtained only by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(7) Collection of Specimens. A permit must be obtained for the collection of natural objects, including plant and animal life and minerals. A permit shall be issued if such collection is for scientific or educational purposes; and the Division determines that it provides some benefit to the Division for management purposes (such as provision of a copy of the scientific report generated to the Division); is not harmful to park resources; and is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S. Collection shall be conducted in compliance with the terms of the written permit. Permits shall be applied for by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(8) Construction Activity. No person shall commence or conduct any construction activities upon any land or water areas under the jurisdiction of the Division, without first obtaining authorization from the Division. Authorization shall be granted only in cases where the construction activity is consistent with park management practices as stated in Sections 258.004, 258.007, 258.017 and 258.037, F.S., and in keeping with protection, restoration, and maintenance of natural resources. Authorization may be obtained only by submitting a written request to the Division of Recreation and Parks, MS #500, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000.

(9) Public Utilities. Public utilities serving park property or traversing park property shall be designed, constructed and maintained as follows:

(a) Rights-of-way shall be as narrow as utility regulations permit, and kept free of invasive non-native plant species;

(b) Maintenance (trimming or removal) of vegetation shall occur no more often than minimally required for safe utilities transmission;

(c) Small trees, shrubs and other vegetation shall be left undisturbed except that a fifteen foot wide service road may be mowed, within the right-of-way;

(d) Trees that will interfere with power lines shall be cut or trimmed only as authorized by the park manager;

(e) Large volunteer trees that are threatening buried gas lines shall be cut only as authorized by the park manager;

(f) Easements crossing fire adapted plant communities shall be burned the same as the adjacent community;

(g) The utility company maintenance foreman shall consult with the park manager prior to undertaking routine maintenance to insure that only minimum trimming is accomplished; and,

(h) Only herbicides approved by the park manager shall be used. The application of herbicides shall be confined to the utility easement and not adversely affect adjacent park resources.

Notes

Fla. Admin. Code Ann. R. 62D-2.013

Rulemaking Authority 258.007(2) FS. Law Implemented 258.004, 258.007(2), (3), (4), 258.017, 258.037, 258.083 FS.

New 4-16-96, Amended 4-14-98, 12-19-99.

New 4-16-96, Amended 4-14-98, 12-19-99.