    [From the U.S. Government Printing Office, www.gpo.gov]

                                                      DRAFT

                                          WEKIVA RIVER AQUATIC PRESERVE

                                                 MANAGEMENT PLAN

                                                  DECEMBER 1986

                                            Dr. Elton J. Gissendanner

                                               Executive Director

                                         Department of Natural Resources

                                            This plan was prepared by
                               -The Bureau of Land and Aquatic Resource Management
                                        Division of Recreation and Parks

                Preparation of this management plan was primarily supported by a grant from
                the U.S. Office of Ocean and Coastal Resource Management, National Oceanic and
                Atmospheric Administration, and the Florida Department of Environmental
                Regulation, the Office of Coastal Management, through the Coastal Zone Manage-
                ment Act of 1972 as amended.

                  QH
                  90.75
                  16
                  W45
                  1986

                                                       TABLE OF CONTENTS

                  Chapter                                                                        Page

                      1.     INTRODUCTION       ........................................         1

                     Ii.     MANAGEMENT AUTHORITY        ................................        7

                    III.     MAJOR PROGRAM POLICY DIRECTIVES          .....................      18

                     IV.     RESOURCE DESCRIPTION        .................................       22

                             1.    The Resource Setting        ...........................       22

                                   A.    Historic Notes       .............................      22

                                   B.    Present Population Characteristics          ........    24

                                   C.    Economic Development Issues         ...............     27

                                   D.    Land Use and Infrastructure         ...............     29

                             2.    Natural Systems and Their Components          ...........     34

                                   A.    Wekiva River Basin        ........................      34

                                   B.    The Aquatic Environment         ...................     41

                                   C.    Plant Communities        .........................      44

                                   D.    Wildlife      .......................   I...........    45

                                   E.    Summary of Natural Systems       ................. .    46

                      V.     RESOURCE MANAGEMENT        .................................        48

                             A.    Introduction      .....................................       48

                             B.    Resource Issues       .................................       48

                             C.    Water Quality      ............   ......................      52

                             D.    Living Natural Resources         .......................      56

                  Chapter                                                                       Page

                               E.    Cumulative Impact      ......................   o..o  .....    59

                               F.    Administrative Goals        ...........................        62

                      Vi.      MANAGEMENT IMPLEMENTATION NETWORK         .........  o..o  ......    65

                               A.    Federal    ..............   o.o..o  ....................       65

                               B.    State     o...........   o ............................        67

                               C.    Regional      .......................................          73

                               Do    Local Governments and Special Districts            ........    74

                               E.    Other Entities      ...........  o.o  ..... o..o  ...........  77

                     VII.      PUBLIC USES     ..........................      o ..............     78

                               A.    Consumptive Uses       ...............................         78

                               B.    Non-Consumptive Uses        ...........................        79

                  VII  1.      PRIVATE NON-COMMERCIAL USES        o..o ... o .................      80

                      IX.      COMMERCIAL USES      ...............................      oo  ....   83

                               A.    Traditional Commercial Uses        o  ...................      83

                               B.    Non-Traditional Commercial Uses          ................      84

                       X.      SCIENTIFIC RESEARCH       ..o  ..............................        85

                      xi.      ENVIRONMENTAL EDUCATION         .............................        86

                     X11.      IDENTIFIED PROGRAM NEEDS        .........  o.o  ................     88

                               A.    Acquisition of Additional Property           .............     89

                               B.    Boundary Problems and Systems Insufficiences             ...   89

                               C.    Legislative Needs-                                             90

                               Do    Administrative Rule Chanoes         ........ o ...........     90

                               E.    Data (Information) Needs         .......................       90

                               F.    Resource Protection and Enforcement Capabilities               91

                               Go    Funding and Staffing Needs        ......  o ...............    92

                                                                 ii

                Chapter                                                              Page

                REFERENCES CITED   ..............................................    94

                CONTENTS OF APPENDICES    ........................................   98

                                                    Chapter I

                                                  INTRODUCTION

                This plan addresses the management of the Vlekiva River Aquatic Preserve,

                located in Lake, Volusia and Seminole Counties, in central Florida. This

                Aquatic Preserve is one of the 39 officially designated preserves in the

                statewide system (Figure 1).

                Of the Aquatic Preserves in Florida, Wekiva River is one.of only two spring

                fed preserves, the other is Rainbow Spring in Marion County. It is the larger

                of the two and contains approximately 19,000 acres of wetland within its

                boundary. This environmentally sensitive and unique preserve harbors a

                variety of freshwater plant species, including floating, submerged and

                emergent types. These plants serve to stabilize bottom sediments, shoreline

                areas, and they provide food and shelter for a myriad of fish and other

                wildlife.

                The Wekiva River Aquatic Preserve (Figure 2) is bounded by State Road 44 in

                the north. It continues south until it intersects Rock  Springs Run. The

                preserve includes the St. Johns Riverfrom State Road 44 until it turns east

                and crosses 1-4 where the boundary of the preserve ends.

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                                         AQUATIC
                                                                                                                                         77
                                        PRESERVES

                    AOUATIC PRESERVES ARE ESTABLISHED
                      BY THE FLORIDA LEGISLATURE AND
                        INCLUDE ONLY STATE OWNED
                       SOVEREIGNTY SUBMERGED LANDS.
                   THE GOVERNOR AND CABINET SITTING
                       AS TRUSTEES OF THE INTERNAL
                       IMPROVEMENT TRUST FUND ARE
                        MANAGERS OF THESE AREAS.

                      FOR MORE INFORMATION REGARDING
                         AOUATIC PRESERVES CONTACT;

                   DEPARTMENT OF NATURAL RESOURCES

                    DIVISION OF RECREATION AND PARKS

                       BUREAU OF LAND AND AOUATIC
                        RESOURCE MANAGEMENT
                          3I)OD COMMONWEALTH BLVD
                         TALLAHASSEE, FLORIDA 32303

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                                                          WEKIVA RIVER AQUATIC PRESERVE
                                                            SEMINOLE.ORANGE LAKES VOLUSIA COUNTIES

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                                                                     Figure 2.

                The boundary line of Figure 1 represents the gross boundary of the aquatic

                preserve. The actual preserve includes those sovereignty submerged lands

                located waterward of the mean high water line within this boundary area. This

                aquatic preserve will be managed to emphasize maintenance and enhancement of

                the existing conditions. As more site specific information becomes available,

                essentially natural conditions shall be identified and resources in disturbed

                areas restored to that condition where possible.

                The Wekiva River is designated and will be managed as both an aquatic preserve

                and an Outstanding Florida Water (OFW). Note: the bounda    ry was recently

                extended, and the new, part has not been given the OFW  designation yet. The

                actual aquatic preserve includes those sovereignty submerged lands located

                waterward of the ordinary high water line (ohw) within this boundary area.

                Outstanding Florida Waters are to be managed emphasizing the maintenance and

                enhancement of existing water quality conditions. As more site specific

                information becomes available, essentially natural conditions shall be

                identified and resources in disturbed areas restored to that condition, where

                possible.

                Until April 1985 management o f the preserve was provided by the staff at Rock

                Spring Reserve. At this time a full-time OPS biologist was hired and

                stationed  at the Lower Wekiva River State Reserve. This person is responsible

                for onsite  management of Wekiva River Aquatic Preserve. The original position

                is to be expanded to career service by December 1986. Currently,

                administrative management involves the Division of Recreation and.Pa   rks'

                personnel (both in the field and in Tallahassee) and the Division of State

                                                          4

                Lands' personnel. These personnel cooperate in the review of applications for

                use of state-owned and related.activities surrounding the preserve and

                interact with various government and non-governmental entities, interest

                groups, and individuals.

                The cent ral office coordinates activities with field personnel including

                project review and evaluation, local contract initiation, contractual

                services, conflict resolution and routine support (payroll, operating

                expenses, etc). Central office staff also develop administrative rule

                additions, deletions and revisions.

                On-site management includes evaluations of projects applying for use of

                state-owned lands (i.e. dock permits, dredge and fill, etc.), research and

                evaluation of preserves, public interaction, emergency response, etc.

                A major component of the aquatic preserve management is project review and

                evaluation. Central office staff review all proposed activities requiring the

                use of state-owned lands within the preserve. These activities are reviewed

                according to requirements established in Sections 2158.42 and 258.44, Florida

                Statutes (F.S.). These sections require that projects be basically water

                dependent or water enhanced, not contrary to the lawful and traditional uses

                of the preserve, and not infringing upon the traditional riparian rights of

                the upland property owners.

                This plan is divided into chapters according to their management application.

                Chapter 11 cites the authorities upon which this management program and plan

                                                         5

                are built. Chapter III (Major Program Policy Directives) highlights the major

                policy areas that are within this plan. Chapter IV presents a brief resource

                description.

                Chapter V presents the management objectives of both the on-site managers, who

                actually work in the preserve, and the administrative staff in Tallahassee.

                Chapter VI addresses how-this plan will interface with loca 1, regional, state,

                and federal agencies and programs; as well as its relevance to

                non-governmental organizations, interest groups, and individuals.

                Chapter VII through IX address the various uses, from public to private to

                commercial. Chapters X and XI address the use of the aquatic preserve for

                scientific research and environmental education, respectively.

                Chapter XII is an internal management improvement section identifying problems

                and needs in the progressive improvement of this aquatic preserve management

                plan.

                This plan was written by the Department of Natural Resources (DNR), Division

                of Recreation and Parks, Bureau of Land and Aquatic Resource Management

                (BLARM) staff. Funding for the plan was by a coastal management grant

                (CM-130) through the U.S. Department of Commerce's National Oceanic and
                Atmospheric Admin istration, Office of Ocean and Coastal,Resource Management,

                and the Florida Department of Environmental Regulation (DER), Office of

                Coastal Management.

                                                         6

                                                  Chapter IT

                                             MANAGEMENT AUTHORITY

                The primary management authorities available to the staff for implementing

                policy directives affecting aquatic preserves are found in Chapters 258 and

                253, Florida Statutes (F.S.). These authorities clearly establish the

                proprietary management overview role of the Governor and Cabinet, sitting as

                the Board of Trustees of the Internal Improvem ent Trust Fund and are variously

                referred to as the "Trustees" or the "Board". Furthermore, all management

                responsibilities assigned to the Trustees by this plan may be fulfilled

                directly by the Governor and Cabinet or indirectly via staff or agents of the

                Trustees, pursuant to delegations of authority, management agreements, or

                other legal mechanisms. All subsequent references to the Board or Trustees

                should be presumed to potentially include staff and designated agents, in

                addition to the Governor and Cabinet. The staff of the Bureau of Land and

                Aquatic Resource Management (acting as "agents" for the Trustees) will review

                all requests for uses o-F state-owned sovereignty submerged lands within
                aquatic preserves. The'review and subsequent staff  comments are primarily

                designed to evaluate the environmental consequences of any proposed use of

                state-owned submerged land. The review is conducted within the confines.of

                the criteria contained in the "maintenance" provisions for aquatic preserves

                in Chapter 258, F.S.

                Formal review comments are provided to the Department of Natural Resources

                (DNR), Division of State Lands by the Bureau of Land and Aquatic Re source

                                                        7

                Management for inclusion in the comments and recommendations accompanying

                agenda items for Trustees consideration. This mechanism allows the Trustees,

                sitting as owners of the land, to evaluate public interest and project merits

                within the context of environmental impact upon the preserve.

                BACKGROUND

                In many respects, the authorities supporting aquatic preserve planning and

                management are the cumulative result of the public's awareness of the

                importance of Florida's environment. The establishment of the present system

                of aquatic preserves is a direct outgrowth of public concern with dredge and

                fill activities rampant in the late 1960's.

                In 1967, the Florida Legislature passed the Randall Act (Chapter 67-393, Laws

                of Florida), which set up procedures regulating previously unrestricted dredge

                and fill activities on state-owned submerged lands. That same year the

                Legislature also provided statutory authority (Section 253.03, F.S.) for the

                Trustees to exercise proprietary control over state-owned lands. In 1967,

                this governmental focus on protecting Florida's productive estuaries from the

                impacts of development led to the establishment of a moratorium by the

                Governor and Cabinet on the sale of submerged lands to private interests. In

                that same year, this action was followed by the creation of an Interagency

                Advisory Committee on submerged lands management. In late 1968, that

                Committee issued a report recommending the establishment of a series of

                aquatic pr eserves. Twenty-six separate waterbodies were addressed in the

                original.recommendation.

                Also in 1968, the Florida Constitution was revised, declaring in Article 11,

                Section .7, the State's policy of conserving and protecting the natural

                resources and scenic beauty of the state. That constitutional provision also

                established the authority for the Legislature to enact measures for the

                abatement of air and water pollution.

                It was not until October 21, 1969 that the Governor and Cabinet acted upon the

                recommendations of the Interagency Advisory Committee and adopted, by resolu-

                tion, 18 of the, waterbodies as aquatic preserves, including the Alligator

                Harbor Aq uatic Preserve.

                Prior to the October 1969 action by the Governor and Cabinet, the Legislature

                had created the Boca Ciega Aquatic Preserve. Subsequent Legislative action in

                1972, 1973, and 1974, created the Pinellas County, Lake Jackson and Biscayne

                Bay Aquatic Preserves, respectively.

                Tn 1975, the Legislature established a Florida Aquatic Preserve Act (codified

                in Chapter 258.35-258.46, F.S.), thereby bringing all existing preserves under
                a standardized set of maintenance criteria.' Additional acts were passed

                subsequent to the 1975 action, such as the addition of the Cockroach Bay

                Aquatic Preserve in 1976 and the Gasparilla Sound--Charlotte Harbor Aquatic

                Preserve to the system in 1978.

                The Charlotte Harbor Aquatic Preserve Management Plan, approved by the

                Trustees on May 18, 1983, was the first management plan for an aquatic

                                                        9

                preserve. The following aquatic preserves also have approved plans: Estero

                Bay - September 6, 1983; North Fork--St. Lucie - May 22, 1984; Loxahatchee

                River--Lake Worth Creek - June 12, 1084; and Indian River Lagoon - January 22,

                1985; Banana River - September 17, 1985; Indian River - Malabar to Vero Beach-

                January 21, 1986; Nassau River, St. Johns River Marshes and Fort Clinch State

                Park Aquatic Preserves - March 22, 1986.

                In June 1985, the Legislature passed S.R. 762 which expanded the boundaries of

                the Banana River, Malabar to Vero Beach, Loxahatchee River--Lake Worth Creek,

                Wekiva River, and Rookery Bay Aquatic Preserves; and created Guana River Marsh

                and Big Bend Seagrasses Aquatic Preserves. Lemon Bay and Rainbow Springs we  re

                added as aquatic preserves by the 1986 Legislature.

                The State Lands Management Plan, adopted on March 17, 1981, by the Trustees,

                contains specific policies. The Plan also establishes policies concerning

                spoil islands, submerged land leases, "Outstanding Native Florida Landscapes",

                unique natural features, submerged grassbeds, archaeological and historical

                resources, and endangered species. All of these issues provide management

                guidance to the aquatic preserve program.

                ADMINISTRATIVE RULES

                Chapters 16-21 and 18-20, Florida Administrative Code (F.A.C.), are two

                administrative rules directly applicable to the DNR's/Trustee's actions

                regarding allowable uses of submerged lands, in gen eral, and.aquatic preserves

                specifically. Chapter 18-21, F.A.C. controls activities conducted on

                                                       10

                sovereignty submerged lands, and is predicated upon the provisions of Sections

                253.03 and 253.12, F.S. The stated intent of this administrative rule is:

                     "(1) to aid in fulfilling the trust and fiduciary responsibilities of

                          the Board of Trustees of the Internal Improvement Trust Fund for the

                          Administration, management and disposition of sovereignty lands;

                      (2) to insure maximum benefit and use of sovereignty lands for all the

                          citizens of Florida;

                      (3) to manage, protect, and enhance sovereignty lands so that the public

                          may continue to enjoy traditional uses including, but not limited

                          to, navigation, fishing, and swimming;

                      (4) to manage and provide maximum protection for all sovereignty lands,

                          especially those important to public drinking water supply,

                          shellfish harvesting, public recreation, and fish and wildlife

                          propagation and management;

                      (5) to insure that all public and private activities on sovereignty

                          lands which generate revenues or exclude traditional public uses

                          provide just compensation for such privileges; and,

                      (6) to aid in the implementation of the State Lands Management P:lan."

                Chapter 18-20, F.A.C. addresses the aquatic preserves and derives its

                authority from Sections 258.35, 258.37, and 258.38, F.S. The intent of this

                rule is contained in Section 18-20.01, F.A.C., which states:

                      "(1) All sovereignty lands within a preserve shall be managed

                           primarily for the maintenance of essentially natural

                           conditi ons, the propagation of fish and wildlife, and public

                           recreation, including hunting and fishing where deemed

                           appropriate by the board of the managing agency.

                       (2) The aquatic preserves which are described in Section 258.39,

                           258.391, 258.392 and 258.393, F.S., Chapter 85-345, Laws of

                           Florida and in Section 18-20.02, F.A.C., were established

                           for the purpose of being preserved in an essentially natural

                           or existing condition so that their aesthetic, biological

                           and scientific values may endure for the enjoyment of future

                           generations.

                       (3) The preserves shall be administered and managed in accordance

                           with the following g oals:

                           (a) Preserve, protect, and enhance these exceptional areas of

                                sovereignty submerged lands by reasonable regulation of human

                                activity within the preserves through the development and

                                implementation of a comprehensive management program;

                                                          12

                          (b) To protect and enhance the waters of the preserves so that the

                               public may continue to enjoy the traditional recreational uses

                               of those waters such as swimming, boating, and fishing;

                          (c)  To coordinate with federal, state, and local management

                               programs, which are compatible with the intent of the

                               Legislature in creating the preserves;

                          (d)  To use applicable federal, state, and local management

                               programs, which are compatible with the intent and provisions

                               of the act and these rules, to assist in managing the

                               preserves;

                          (e) To encourage the protection, enhancement or restoration of the

                               biological, aesthetic, or scientific values of the preserves,

                               including but not limited to the modification of existing

                               man-made conditions toward their natural condition, and

                               discourage activities which would degrade the aesthetic,

                               biological, or scientific values, or the quality, or utility of

                               a preserve, when reviewing applications, or when developing and

                               implementing management plans for the preserve;

                          (f) To preserve, promote, and utilize  indigenous life forms and

                               habitats, including but not limited to: sponges, soft coral,

                               hard coral, submerged grasses, mangroves, salt water marshes,

                               fresh watermarshes, mud flats, estuarine, aquatic and marine

                                                       13

                               reptiles, game and nongame fish species, estuarine, aquatic and

                               marine invertebrates, estuarine, aquatic and marine mammals,

                               birds, shellfish and mollusks;

                          (g)  To acquire additional title interests in lands wherever such

                               acquisitions would serve to protect or enhance the biological,

                               aesthetic, or scientific values of the preserves.

                          (h)  To maintain those beneficial hydrologic and biologic functions,

                               the benefits of which accrue to the public at large."

                OTHER MANAGEMENT AUTHORITIES

                Other Department of Natural Resources management authorities applicable to

                aquati c preserves include fisheries and marine mammal management and

                protection, and beach and shore preservation programs outlined in Chapters 370

                and 161, F.S., respectively and land acquisition programs conducted under the

                Environmentally Endangered Lands authorities of Chapter 259, F.S. or the

                Conservation and Recreation Lands Program authorized by 253, F.S., will

                enhance the protection of the natural resources within the aquatic preserves.

                Chapter 403, F.S., is an important adjunct to Chapter's 253 and 258, F.S.

                This governs, in part, the State's regulatory programs affecting water quality

                and biological resources. The Department of Environmental Regulation (DER),

                through a permitting and certification process, administers this program.

                Section 253.77, F.S., as amended by the Warren S. Henderson Wetlands

                                                       14

                Protection Act of 1984, requires that any person requesting use of State-

                owned land shall have approval of the proposed use from the Trustees before

                commencing the activity. An interagency agreement between DNR and DER

                provides an avenue for staff comments on potential environmental impacts of

                projects in aquatic preserves through the DER permitting process. Addition-

                ally, the DER has designated, by administrative rule, a series of waterbodies

                with stringent use criteria called "Outstanding Florida Waters" (OFW). The

                inclusion of all aquatic preserve waters within this classification greatly

                enhances the protective,provisions of Chapter 258, F.S. As the designated

                "306" Coastal Zone Management Agency, the DER also provides a source of

                funding for data collection and planning in areas such as the Alligator Harbor

                area, as well as being the state agency responsible for implementing the

                "federal consistency" provisions of the Federal Coastal Management Act.

                The DER's administrative rules of primary significance to the aquatic preserve

                management program include Chapters 17-3, 17-4 and 17-12, F.A.C. These rules

                are based upon the authorities contained in Chapter 403, F.S. Chapter 17-3,

                F.A.C. addresses water quality standards and establishes the category of

                "Outstanding Florida Waters", while Chapters 17-4 and 17-12, F.A.C. address

                permit requirements and dredge and fill activities, respectively.

                In December, 1982 a Memorandum of Understanding (MOU) between the DER, DNR,

                and the U.S. Army Corps of Engineers (COE) was executed. This MOU clearly

                establishes a process whereby the proprietary concerns of the Trustees, stated

                in Chapter 253, F.S. can be integrated into the DER/COE joint permit process-

                ing system.

                                                        1.5

                Other opportunities for environmental review and input into activities

                potentially affecting aquatic preserves are afforded by the Department of

                Community Affairs (DCA), and the Department of State, Division of Archives,

                History, and Records Management (DAHRM). The Executive Office of the Governor

                also provides a mechanism for public input into federal projects via the State

                clearinghouse process.

                The DCA is statutori ly responsible for administering the "Development of

                Regional Impact" (DRI). The DRI program, authorized by Section 380.06, F.S.

                was established by the Legislature to provide a review and monitoring pro-

                cedure for those development projects potentially affecting more than one

                county.

                Chapter 267, F.S. establishes the state policy regarding preservation and

                management of Florida's archaeological and historical resources. This

                responsibility is legislatively assigned to the DAHRM, which holds title to

                those cultural resources'located on state-owned lands. This also applies to

                sovereignty submerged lands, including aquatic preserves.

                The Department of Health and Rehabilitative Services, under their public

                mandate, administers two programs directly affecting the aquatic preserve

                management program. These programs are (1) septic tank regulation, usually

                administered by county health departments and (2) arthropod (mosquito) control

                programs, usually implemented through local mosquito control districts. Each

                of these programs holds the potential for creating significant impacts upon

                the aquatic preserves. Establishment of close working relationships between

                                                       16

               the aquatic preserve staff and the Department of Health and Rehabilitative

               Services will be a necessary element of the aquatic preserves management

               program.

               Each of the above referenced programs may provide an effective means of

               protecting aquatic preserves and their ecologically sensitive resources.

                                                      17

                                                 Chapter III

                                       MAJOR PROGRAM POLICY DIRECTIVES

               This plan contains a number of management policy issues that are discussed

               either generally or definitively. This section highlights those major policy

               areas that comprise the basic thrust of this management effort. Adoption of

               these policies will provide specific staff direction for implementing the

               day-to-day aquatic preserve management program. Major program policy

               directives are:

               (A) Manage all submerged lands within the aquatic preserve to ensure the

               maintenance of essentially natural conditions to ensure the propagation of

               fish and wildlife, and public recreation opportunities.

               (B) Prohibit the disturbance of archaeological and historical sites within

               the aquatic preserve, unless prior authorization has been obtained from the

               Trustees and DAHRM, and such disturbance is part of an approved research

               design or authorized project.

               (C) Develop  a resource inventory and map natural habitat types within the

               aquatic preserve, with an emphasis on those habitat types utilized by

               threatened and/ or endangered species.

               (D) Protect and, where possible, enhance threatened and endangered species

               habitat within the aquatic preserve.

                                                      18

                (E) Prohibit development activities within the aquatic preserve that adverse-

                ly impact upon grassbeds and other valuable submerged habitat, unless a prior

                determination has been made by the Board of overriding public importance with

                no reasonable alternatives, and adequate mitigation measures are included.

                (F) Prohibit the removal of saltmarsh and other natural shoreline vegetation

                within the aquatic preserve, except when necessitated by the pursuit of

                legally authorized projects and local protection ordinances.

                (G) Provide research and educational opportunities for scientists and other

                interested researchers within the framework of a pla nned research program in

                the aquatic preserve.

                (H) Acquire, where feasible, privately owned submerged lands located within

                the boundaries of the aquatic preserve pursuant to the authorities contained

                in Section 253.02(4), F.S.

                (I) Prohibit the drilling of oil and gas wells, the mining of minerals, and

                dredging for the primary purpose of obtaining upland fill within the aquatic

                preserve.

                (J) Prohibit non-water dependent uses of submerged lands within the aquatic

                preserve except in those cases where the Board has determined that the project

                is overwhelmingly in the public interest and no reasonable alternatives exist.

                'This prohibition shall include floating residential units, as defined in

                Section 125.0106(2), F.S.

                                                       19

               (K) Prohibit storage of toxic, radioactive, or other hazardous materials

               within the aquatic preserve.

               (L) Prohibit those mosquito control practices within the aquatic preserve

               that would result in habitat modification or manipulation (i.e. diking,

               ditching) unless there are no reasonable alternatives and failure to conduct

               such practices would result in a threat to public health.

               (M) Limit pesticide and biocide use within the aquatic preserve to those that

               are approved by the Environmental Protection Agency (EPA) for wetland and

               aquatic application.

               (N) Prohibit the construction of new deep water ports within the aquatic

               preserve boundaries.

               (0) Insure that any artificial reef construction does not adversely impact

               environmentally fragile areas within the aquatic preserve and that the

               construction will maintain the essentially natural condition while enhancing

               the quality and utility of the preserve.

               (P) Manage any state-owned spoil islands within the aquatic preserve as bird

               rookeries and wildlife habitat areas.

               (Q) Encourage public utilization of the aquatic preserve, consistent  with,the

               continued maintenance of its natural values and functions.

                                                      20

                (R) Develop a well coordinated aquatic preserve management mechanism that

                recognizes and utilizes local government programs and authorities.

                (S) Require, through the efforts of DER and the water managementdistricts,

                the maintenance of the naturally high water quality of the estuary and ensure

                the natural seasonal flow fluctuations of freshwater into the estuary.

                (T) Apply the management criteria contained in the adopted Alligator Harbor

                Aquatic Preserve Management Plan to all subsequent legislative additions of

                land to the aquatic preserve.

                (U) Encourage the assistance of federal, state, and local government agencies

                in implementing the aquatic preserve management plans, especially in the areas

                of protection of natural and cultural resources and the enforcement of

                applicable resource laws and ordinances.

                (V) Prohibit marinas in Class I or 2 Resource Protection Areas.

                (W) Identify and document any problems caused by fishing activities and

                report them to the Marine Fisheries Commission.

                                                      21

                                                 Chapter IV:

                                            RESOURCE DESCRIPTION

                                                   Part I

                                            The Resource Setting

                                        A Profile of the Wekiva Area

                A. Historic Notes

                Over geologic time, changes in sea level formed the region now occupied by the

                Wekiva River and its tributaries. The river occupies the physiographic region

                known as the Wekiva Plain, an area slightly lower in elevation than the

                surrounding Marion Uplands, Mount Dora Ridge and Orlando Ridge. The,Wekiva

                Plain was apparently "cut down" during periods of receding sea level. When

                recurrent rises in sea level inundated the lowered areas, deposited sediments

                contributed to form the present Wekiva Plain. The surface and near surface

                deposits in the area range from unconsolidated sands to well hardened

                limestones and dolomites (White 1970). The Hawthorn Formation, a sandy

                phosphatic limestone of late middle Miocene age (approximately 13 MYBP)

                underlies the entire area, and outcrops of this formation are exposed at Rock

                Springs and Wekiva Spring (U.S. Geolo gical Survey 1980).

                From an archaeological perspective, the Wekiva area provided abundant natural

                resources for prehistoric communities, the spring runs, river, hardwood

                hammocks and dense for ests offered food, water, shelter and breeding sites for

                many forms of wildlife and provided excellent plant and animal foods for human

                inhabitants (Milanich and Fairbanks 1980).

                                                     - 22

                The Rock Springs/Wekiva Area is considered to be one of the most important

                archaeological areas in Orange county (Stewart 1982). Over 20 archaeological

                and historical sites are known to occur along the Wekiva River from Rock

                Springs to the St. Johns River. Several of these sites are recorded in the

                Florida Master Site File. Although a systematic archaeological site

                assessment has not yet been conducted in the area, several mound sites have

                been examined by Dr. Marilyn Steward of Rollins College. Many of the sites

                contain freshwater snail remains, pottery sherds, animal bones, turtle shells

                or deer antlers. Artifacts are characteristic of the St. Johns I cultural era

                (500@B.C. - A.D. 100) (Stewart 1982).

                Evidence of earlier Paleo-Indian to Middle Archaic peoples (ca 12,000 B.C.)

                underlie and are masked by these later sites, but in other areas remains of

                these sites have been found in river beds (Department of Natural Resources

                1986).

                The Timucuan Indians were descendants of the peoples of the St. Johns period

                and occupied areas along the St. Johns River when Europeans first ventured

                into Florida. Cultural changes related to Hernando de Soto's 1539-1540

                Florida expedition marked the beginn ing of the decline of Florida's native

                Indian populations. During the next 150 years the Timucuans were forced onto

                Spanish missions and ranches where many succumbed to European diseases. The

                cultures of other tribes, fleeing invasions of their homelands in southwest

                and southern Georgia, merged with that of the Timucuans. By 1763, when St.

                Augustine fell into British control, the Timucuan population was decimated and

                for the remaining few, much of their original cultural pattern had been

                                                      23

                altered (Milanich and Fairbanks 1980). In the early 1800's Seminole Indians

                frequented the headwaters of the Wekiva to hunt; they also used the river as a

                route to the St. Johns River (Strofner 1982).

                During the 1840's early settlers and winter visitors began to populate the

                Wekiva area. A hotel, newspaper and winery were located in the town of Clay

                Springs, now Wekiva Springs. In 1875, Clay Springs supported a wharf and

                warehouse for cargo steamers navigating up the St. Johns to the Wekiva River

                from the town of Mellonville, which is now Sanford (Shofner 1982).

                Modern land use, population characteristics and development pressures    in the

                Wekiva Basin are discussed more completely in the following sections.

                B. Present Population Characteristics

                The East Central Florida Region (Orange, Seminole, Lake, Osceola, Brevard, and

                Volusia counties) has experienced phenomenal growth over the past 16 years.

                Influenced by the opening of Walt Disney World in the early 1970's, the

                regions population grew from 900,000 in 1970 to 1.3 million in 1980, an

                increase of 41 percent. Between 1980 and 1984, the total population increased

                to 1.55 million. Official estimates for 1986-1989 predict an increase of 13.1

                percent, bringing the total population to 1.85 million (East Central Florida

                Regional Planning Council 1985). Orange, Seminole and Lake counties were

                among the top third highly populate d counties in the state in 1984. Orange

                county, with its 530,424 residents w as the 7th most populated county in the

                state, while Seminole County, with its 214,870 residents was ranked 15th out

                of the 67 Florida counties. Lake County was.27th with 119,902 residents

                (Department of Commerce 1985).

                                                         24

                Growth in Orange County from 1974 to 1984 was slower than growth in Lake and

                Seminole counties (25.2 percent in ten years, compared with 38.0 and 60.2

                percent, respectively). The 60.2 percent increase in Seminole County over the

                ten year period was the 12th fastest growth rate in the state. Growth rates

                for the ten year period in Orange and Lake Counties ranked 42nd and 25th,

                respectively, out of the 67 Florida counties (Department of Commerce 1985).

                The projected population growth of Orange, Lake, and Seminole'counties during

                1985-1989 indi,cates the addition of over 64,251, new residents for Orange

                County, approximately 13,000 new residents for Lake County, and over 35,000

                new residents for Seminole County. These new residents represent increases of

                11.6 percent for Orange County and 15.49 percent for and Seminole County

                during the five year period, bringing the total population by 1989 to 618,910

                and 265,299, respectively. A 10.5 percent increase is expected for Lake

                County, bringing its total population to 137,273 by 1989 (East Central Florida

                Regional Planning Council 1985).

                Traditionally, central F1 orida was characterized as a vacation and retirement

                center, but in recent years the contributions of the highly successful tourism

                industry has accelerated growth patterns. Population increases in the region

                are based on immigration, with new residents requiring additional consumer

                services (food, housing, etc.,) and other improvements to the areas

                infrastructure which help sustain the growth pattern.

                In 1984, almost half the regions total population fell within the 25-44 and

                45-64 age groups, representing a large supply of working age adults to meet

                                                       25

                the demand of local employers for trained and skilled workers. The 25-44 age

                group is expected to increase by 1989, in response to the new job

                opportunities anticipated for the region. 15.5 percent of the total 1984

                population of the region were in the 65+ age group. This group is also

                expected to increase by 1989, as more retirees immigrate to the area.

                The immigration of new residents has created housing demands. Housing

                requirem ents are variable from county to county and are primarily a function

                of socio-economic factors such as income, age, and number of household

                members. In south Orange County, near Walt Disney World low cost and rental

                housing is,in demand to meet the needs of many trade and service workers.

                Lake County has attracted a large number of retirees on fixed incomes, which

                has created a demand for a cheap form of housing such as mobile homes. Many

                high paid professionals residing in Seminole County prefer moreelaborate and

                expensive housing (East Central Florida Regional Plannin.g Council 1985).

                The availability of affordable housing is a major problem in most of the

                Region. The average cost of a new single-family home is presently beyond the

                financial reach of many residents of the area and is becoming increasingly

                more so. During the next five years, a high rate of population growth as well

                as employment expansions are expected, creating a major challenge for the

                housing industry to produce affordable housing to meet the needs of new

                residents.

                In summary, th e population profile for the area is one of continued growth

                with an expanding economy helping to sustain the growth.

                                                       26

                C. Economic Development Issues

                Economic growth and development within the Wekiva Basin is directly

                proportional to regional growth.  Tourism, the largest industry in the region,

                is the primary growth source. In 1984, over 7.5 million tourists visited the

                Orlando area. Walt Disney World,  EPCOT, Sea World and Kennedy Space Center

                accounted for the majority of all attraction admissions.

                The tourism and convention industry are responsible for a significant amount

                of development. Commercial projects, retail trade, office construction and

                industrial and research parks are also contributing greatly to the economic

                growth of the area. Seventy-seven major development projects are planned or

                underway in Orange and Seminole counties for 1985-1989, with the majority in

                Orange County. Total dollar value of these projects is close to 7 billion

                ,dollars and approximately 121,845,new jobs will be created.

                A large percentage of the labor forte are employed in tourist related jobs.

                In 1984, trade and service workers supporting tourism accounted for 59 percent

                of the total employment distribution for the region. Manufacturing,

                Financial-Insurance-Real Estate and Transportation-Communications-Utilities

                sectors accounted for 13.7, 5.9 and 5.6 percent of employment distribution for

                the region, respectively. Agriculture accounted for 2.7 percent.

                Trade and Service workers were, however, among the lowest paid employees in

                1984 with salaries averaging 512,028 and $15,690, respectively.

                Transportation-Communications-Utilities work were among the higher paid

                                                       27 -

                (averaging $22,731) as were Manufacturing workers (averaging $21,283).

                Agricultural workers were the lowest paid employees in 1984 (averaging

                $10,484).

                From 1978 to 1983, per capita income in the region increased 65 percent.

                Compared to state and national per capita incomes, the rate of increase in

                east central Florida has been consistently higher than the rate of increase

                for the state and the nation over the same time period. Per capita income in

                most of east central Florida, however, was lower than that of state and

                national per capita incomes ($11,593 and $11,687, respectively). Per capita
                incomes for Orange, Seminole and Lake counties in 1983 were $11,520, $11,747,

                $10,595, respectively. Only.Seminole County had per capita incomes higher

                than that of the nation. The predominance of lower paying Trade and Service

                jobs and a relatively large proportion of retirees on fixed incomes account

                for the regions comparatively low per capita incom e (East Central Florida

                Regi onal Planning Council 1985).

                Estimates for 1989 indicate an increase in per capita income for the region,

                but the predominance of low paying Trade and Service jobs and continued

                immigration of retirees on fixed incomes will keep the region's per capita

                income below the national value. Orlando and Orange County are economically

                orientated toward tourism, retirement, and more recently, the electronics

                industry. On the urban fringe of the Orlando metropolitan area, Seminole

                County is experiencing economic trends similar to Orange County. Lake County

                has an agricultural-based economy, and in 1963, was the second largest citrus

                county in Florida (Department of Environmental Regulation 1983).

                                                       28

                In summary, the Wekiva area is in the process of urbanizing as part of the

                East Central Florida Region, or more locally, the Orlando/Altamonte Springs

                metropolitan area. Regional development will continue to affect growth in the

                Wekiva area, and contribute to the area's economy. Tourism is presently the

                largest component of the regions economy, but industrial and research

                expansions are beginning to diversify it.

                D. Land Use and Infrastructure

                Several large land parcel s, totaling over 20,000 acres, bordering t he Aquatic

                Preserve are in public ownership and are maintained as parks   or reserves.

                The headwaters of Rock Springs Run are located within Kelly Park (200 acres),

                maintained by Orange County. Rock Springs Run is bordered on the east by Rock

                Springs Run State Reserve (RSRSR) (8,723 acres) and on the west by Wekiva

                Springs State Park (6,400 acres), both maintained by the Department of Natural

                Resources. The west bank of the upper reaches of the Wekiva River south of

                State Road 46 is bordered by RSRSR, except for a two mile stretch of land

                south of State Road 46 which consists of residential lots, a 100-acre private

                park/campground "Wekiva Falls", and pastureland. The east bank of the upper

                reaches of the Wekiva River., south of State Road 46 is prime property for

                hous'ing development, and several sub-divisions have already been constructed,

                are underway, or are proposed. Residential development is rapidly advancing

                northward along the undeveloped sections of the Little Wekiva River and

                merging with development along the east bank of the Wekiva River. The

                southernmost sections of the Little Wekiva Sub basin are heavily urban and

                commercial, with stream flow extensively channelized. North of State Road 46,

                                                        29

                a two mile segment of the east bank supports residential units, a fish camp

                and a mobile home/camping facility. One mile of the west bank immediately

                north of S.R. 46 is undeveloped land in private ownership and is presently for
                sale (1,100 acres). Lower Wekiva River State Reserve (5500 acres) borders the

                remainder of the Wekiva River until it s confluence with the St. John River,

                four miles upstream.

               -Land use trends indicate continued urbanization on private lands within the

                basin. A recent report by the Friends of the Wekiva (FOW) indicated the

                present trends of land use intensification along the east banks of the Little

                Wekiva and Wekiva Rivers in Seminole County will have negative impacts on the

                water resources of the Wekiva Basin (Technical Committee of the Friends of the

                Wekiva River 19   ). The Seminole County Comprehensive Land Use Plan

                designates this area as General Rural with one unit per acre maximum density,

                no t requiring infrastructures support. Development in this area over the past

                ten years has resulted mostly in the one-acre residential sites, with septic

                tank disposal of wastes, a mixture of private well systems and public water

                supply, and little investment in road improvements. The report indicates

                densities of one unit per acre require urban level infrastructure support and

                that the lack of such support, in addition to increase pressures from
                conversion offorested or pasture lands to one-acre or more dense development
                can only result in the degradation of the water resources of the basin.

                A report by the Wekiva Basin Study Committee reviewed developments in the same

                area referred to by FOW to determine both gross and net densities. Gross

                density of the existing platted subdivisions was based on the number of lots

                                                       30

                and the gross acreage of the development, while net densities were based on

                gross acreages minus the flood prone areas. Of the twelve active and two

                proposed subdivisions, all were zoned A-1 except one active development, which

                was zoned R-1AAA. Land area for the fourteen subdivisions totaled 1508 acres.

                The subdivisions ranged from 9.5 to 610 acres with from 8 to 193 units. Met

                densities ranged from .52 to .84 units/acre with an average of .73. The

                report notes that when wetlands, marginal soil and hydrological problems are

                taken into consideration and deducted from the development area, density will

                increase, and that lack of definitive wetland information may have yielded

                density projections somewhat lower  than actual density.

                Several proposed Planned Unit Developments (PUD) are included in this

                development corridor. One PUD is currently under appeal before the Land and

                Water Adjudicatory Commission (Plantation) and three additional PUD

                applications are anticipated with gross densities of three or more units per

                acre. The four PUD's total 3,2115 acres. When considered as a pla  nning unit,

                and if the proposed PUD's are approved, the combined PUD and existing

                development areas total 4,783 acres, with a net density of 1.17 units/acre

                (slightly higher if wetlands are cons idered).

                Any PUD's with densities higher than one-unit/acre conflict with the County

                Comprehensive Plan policy for the area, and must be presented before the

                Seminole County Planning and Zoning Commission and two County Commission

                public hearings requesting rezoning amendments to the Comprehensive Plan. The

                County Commission has maintained a policy of denying all applications which

                would effect a change in the community character from "rural" to "urban", as

                                                        31

                such a change is not in conformance with the Comprehensive Plans designation

                of the area as "General Rural". Section 163.3194, Florida Statutes, mandates

                that: "After.a comprehensive plan ... has been adopted, all actions taken into

                regard to development orders by governmental agencies shall be consistent with

                such plan".

                The inability of environmentally sensitive areas to absorb impacts associated

                with higher population-densities has been demonstrated in many aquatic

                environments throughout Florida, and even with the most prudent planning and

                management strategies some degree of alteration to the balance of the natural

                system can occur (East Central Florida Regional Planning Council 1984). In

                recognition of the significance of the Wekiva River system, advocation of

                higher population densities in areas adjacent to the Wekiva River should be

                discouraged.

                Developments within the Wekiva Basin are subject to regulation criteria

                defined by County, State, and Federal agencies. Table I outlines current

                regulations applicable to construction in Seminole County.

                                                      32

                                                     Table 1.

                Current Regulations applicable to construction in Seminole County (from Wekiva
                River Basin Study Committee Report FClabaugh, et al. 19851).

                FP-1 Floodprone Classification: No structures constructed and no land filling
                or grand level changes permiT-ted which inhibit the flow of flood and drainage
                waters.

                200 Foot Setback (2/-22/72 Resolution): Prohibits the issuance of building
                permits in the 200 foot area parallel to the mean high water mark of the East
                Bank.

                Wetlands (LDC 6.4.2.2 Drainage Design Standards): No site alteration shall
                cause the siltation of wetlands or reduce the na-tural retention or filtering
                capabilities of wetlands.

                Drainage and Water Conservation Easements (DWCE): Mandatory dedication of
                easements over floodprone and wetland areas to maintain the natural storage
                and water quality enhancement functions of these areas (LDC 6.4.6.12(a) 19.).

                Dredge and Fill Permits (LDC Chapter 10): Permits are required for boat
                docks, seawalls, outfalls an2 drainage Tstructures, dredging and filling,  and
                removal of shoreline vegetation.

                Arbor Permits (LDC Chapter 8): Permit required for the removal of trees   3" in
                diameter or larger.

                Site Runoff (LDC 6.4.6.2): Requires storage and controlled release of excess
                stormwater so that post development conditions are not substantially greater
                than pre-development conditions. Requires the use of retention and detention
                facilities to attenuate peak flows, remove solids, and remove nutrients.

                Groundwater Table and Runoff to Surface Waters (LDC 6.4.6.2): Prohibits the
                use of canals, channels, ditches, storm water systems whicFrapidly convey
                runoff to receiving waters without treatment or to reduce the groundwater
                -table.

                Erosion Control (LDC 6.5.10): Seeding, mulching, sodding and other
                appropriate measures required to prevent erosion during construction
                activities.

                Borrow Pit (LDC Section 9): Permits required for the removal of any
                Ea-terials. Over 500 cubic yards requires DRC review and a public hearing.

                Water Conservation (Building Code): County Building codes require that water
                closets have a maximum 3.5 gallon capacity on residential units and 3 gallon
                maximum on flush valve units; showerheads and water faucets are required to
                have flow restriction devices which limit flows to 3 gallons per minute.

                                                        33

                                                   Part Two:

                                     Natural Systems and their Components

                A. Wekiva River Basin

                The Wekiva River System is comprised of artisan spring flow, small creeks,

                numerous tributaries and secondary drainage. A tributary of the St. Johns

                River, the Wekiva represents one of the major routes of surface drainage from

                portions of Orange, Seminole and Lake Counties (Orange County Pollution

                Control Department 1977). The Wekiva, Little Wekiva and Rock Springs Run form

                a basin of approximately 130 square miles (U.S. Army Corps of Engineers 1974).

                Upstreams of Blackwater Creek, a major tributary of.the Wekiva, is additional

                drainage of 112 square miles in Lake County (Technical Committee of the

                Friends of the Wekiva River 19

                The Wekiva River Basin is comprised of many diverse and productive habitat

                characteristic of natural Florida. Extensive areas of wetlands border a major

                portion of the river. Pine flatwoods, scrub, and sandhills intersper    sed with

                lakes and sink holes occur throughout the basin.

                Elevations within the basin range from 15 to 30 feet MSL near stream channels,

                while sandhills rise abruptly to elevations ranging from 60 to 100 feet MSL

                (Technical Committee of the Friends of the Wekiva River 19

                The climate is subtropical, with an average annual temperature of about 72

                degrees. Daily maximum temperature in the summer approaches 90' Fahrenheit.

                Mean annual rainfall over the Wekiva Basin is 52 inches, most of which occurs

                                                        34

                during the June-October rainy season (U.S. Army Corps of Engineers 1974).

                The Wekiva River System can more adequately be described in terms of its

                components: Rock Springs/Rock Spring Run, Wekiva Springs, Little Wekiva

                Sub-basin, Big Wekiva, and Blackwater Creek.

                Rock Spring/Rock Spring Run

                Rock Spring is located within Kelly Park, a 200-acre facility owned by Orange

                County. The park is utilized by the public for swimming, picnicing, camping,

                nature study, and is maintained as a wildlife preserve.

                Rock Spring represents one of the few areas in central Florida where the

                limestone of the Hawthorn Formation is exposed. The Hawthorn Formation, which

                contains imperviou s layers of marl and clay, overlies the Floridian aquifer

                and acts as a confining bed for the artesian water present in the area.

                Crevices and solution channels have developed in the Hawthorn providing an

                outflow for the Floridian aquifer (Orange County Pollution Control Department

                1977).

                The principal discharge from Rock Spring originates at the base of a partly

                submerged limestone bluff.. Average discharge is about 41.7 MGD. A large

                public swimming area is located several hundred feet below the spring, where

                some of the flow has been diverted and partly retained by concrete walls.

                Overflow from the swimming area is directed back to the spring run via a

                concrete weir. Rock Spring Run flows northward about 1.5 miles, then turns

                southward. The width of the flood plain in this area is approximately three

                                                       35

                 miles in an east-west direction (Rosenau et al. 1977). Rock Spring Run

                 meanders for approximately nine miles before meeting Wekiva Spring Run to form

                 the Wekiva River. One mile of Rock Spring Run is included in the Aquatic

                 Preserve. The springhead and eight miles downstream of the springhead are not

                 included in the Aquatic Preserve.

                 Wekiva Springs

                 Wekiva Springs and its spring run are located within Wekiva Springs State

                 Park, a 6,400 acre publicly owned state park, managed by the Department of

                 Natural Resources.

                 The springs discharge from at least five horizontal caverns 14 feet below the

                 water surface forming a kidney shaped pool. The pool bottom is mostly sand,

                 except for an area in the southeast section which is rock of the Hawthorn

                 Formation. Openings in this rock allows water to percolate, creating the

                 pool.

                 The spring run flows in a northeasterly direction for approximately one-half

                 mile until its confluence with Rock Springs Run forming-the Wekiva River.

                 Witherington Springs, forms a small pool about 60 feet in diameter, and is

                 located near the center of Wekiva Springs State Park. Discharges from

                 Witherington Springs form the headwaters of Mill Creek, which flows east

                 through a swampy area and then eventually joins Rock Springs Run (Rosenau et

                 al. 1977).

                                                        36

                Little Wekiva River sub-basin

                The Little Wekiva River sub-basin occupies approximately 43 square miles

                located in the north central portion of Orange County and the western portion

                of Seminole County (Central Regional Planning Council 1980).

                Areas of extensive urban development border the lower reaches of the Little

                Wekiva from its headwaters at Lake Lawne in western Orlando to approximately

                one mile north of State Road 434 in Seminole County. Most of the natural

                vegetation in these areas has been replaced by housing,  commercial and

                industrial enterprises, pasture, citrus grove and other  economic activities.

                The impacts of development within the sub-basin has been the reduction of

                natural drainage patterns and flow ways creating stormwater management

                problems. Several sections of the river have been channelized and numerous

                ditches, canals and storm drains discharge directly into the river (Central

                RegionalPlanning Council 1980).

                Prior to 1977, several sewage treatment plants (STP) discharged poor quality

                water into the Little Wekiva (Pine Hills STP, Lake Lawne STP, Faisvilla STP).

                Subsequent water quality problems prompted local government to effect more

                stringent wastewater and wetland regulations, which ceased most wastewater

                discharges and initiated restoration procedures on.several lakes within the

                sub-basin. Recent studies have indicated improved water quality within the

                Little Wekiva sub-basin, but high nutrient loading still exists in some areas.

                In Orange County, ground water exfiltration contributes to stream flow, but

                the primary source of stream flow is storm water runoff. In Seminole County,

                                                       37

                upstream of several springs, the Altamonte Regional Wastewater Facility and Hi

                Acre Citrus Processing Plant constitute about 85 percent of the stream flow

                (Department of Environmental Regulation 1982).

                The areas surrounding the upper reaches of the Little Wekiva in Seminole

                County one mile north of State Road 434 are much less developed, and here the

                river flows through about six miles of unaltered stream bed. One wastewater

                facility, however, discharges into the river along this reach (Wekiva Hunt

                Club).

                Approximately three miles south of its confluence with the Big Wekiva, the

                Little Wekiva receives discharge from Seminole, Palm, and Starbuck Springs.

                The combined 14 MGD increases the river's flow and dilutes the pollutants

                remaining from the upstream point sources. Bacteriological and biological

                data from Orange County Pollution Control indicate improved water quality

                downstream of the spring discharges (Orange County Pollution Control

                Department 1977). Downstream of the springs, the spring flow represents

                approximately 71 percent of total flow, and dominates stream flow until

                confluence with the Big Wekiva. For three miles south of its confluence with

                the Big Wekiva, the Little Wekiva is bordered by undeveloped swamp. These

                three miles of the upper reaches of the Little Wekiva River are designated as

                Outstanding Florida Waters (OFW) and are included in the Aquatic Preserve.

                Wekiva River

                The headwaters of the Wekiva River begin at the confluence of Wekiva Springs

                Run and Rock Springs Run. The waters forming the upper portion of the Wekiva

                                                       38

               River arise from both the Floridian aquifer in the form of natural springs,

               and from drainage of approximately 130 square miles of water shed in north

               Orange County and northwest Seminole County (Department of Natural Resources

               1986).

               From the convergence of the Wekiva Spring and Rock Spring Runs, the upper

               Wekiva flows about 0.?5 mile to where it receives discharge from Miami Spring

               Run/Canal. The Little Wekiva River converges with t  he Upper Wekiva River

               about 3.75 miles downstream from Miami Spring Run/Canal (Orange County

               Pollution Control Department 1977). As the river passes through the Wekiva

               Swamp, the region between the inflow from the Wekiva Springs Run and Little

               Wekiva river contains numerous small islands which divert the flow. Low

               current velocity caused by the i slands and submerged vegetation enhances the

               deposition of silt and organic debris along this reach. Eel grass

               (Vallisneria americana) is common along this reach and Brazilian elodia

               (Egeria densa), is present also. Water hyacinth (Eichhornia crassipes) an

               exotic floating macrophyte, also contributes to organic siltation in this

               area. Approximately six miles downstream from Wekiva Springs the floodplain

               narrows and the sediments change from organic silt to sand, where Brazilian

               elodea becomes the dominant aquatic plant (Courtney, unpub. data). From here

               the Wekiva River meanders northeastly towards the St. Johns River. Wekiva

               Falls run, a 92,000 foot tributary originating at Wekiva Falls campground,

               merges with the Wekiva River just south of State Road 46. Wekiva Falls issues

               from two flowing wells, one with a 14-inch diameter and the other with a

               24-i nch diameter, and have a combined discharge of 40 MGD. Approximately one

               mile south of its confluence with the St. Johns River, the Wekiva is joined by

               Blackwater Creek.

                                                      39

                Discharges from Wekiva Springs (48 MGD), Rock Springs (41.8 MGD), Sanlando

                Springs (14 MGD) and Sheppard Springs (11 MGD) contribute to the high base

                flow rate of the Wekiva River, which increases seasonal drainage within the

                basin. The flow gradient is one of the steepest in east central Florida

                averaging a drop of 1.6 feet per mile along the rivers boundary in eastern

                Lake County until meeting the lower elevations of the St. Johns River

                Floodplain.

                Average discharge of the Wekiva River at State Road 46 is 186 MGD. A distinct

                stream habitat is created by, and is dependent on, the consistency of this

                flow (East Central Florida Regional Planning Council 1.985).

                Blackwater Creek

                Blackwater Creek is a major tributary to the Wekiva River. Almost entirely in

                Lake County, Blackwater Creek flows approximately 28 miles from its headwaters

                at Lake Dorr to its confluence with the Wekiva. As an important surface

                drainage system for Lake County, the creek provides flood dr  ainage relief for

                an area of approximately 125 square miles. The creek's 100-year floodplain

                varies greatly in width from 800 feet at State Road 44A to 5,100-7,000 feet

                along upstream and downstream reaches (East Central Florida Regional Planning

                Council 1985).

                Agricultural land drainage has affected water quality in some areas of the

                creek's floodplain, but most areas remain undisturbed. Land use in the

                Blackwater Creek basin is predominantly rural and agricultural, and many areas

                bordering the creek are remote and inaccessible.

                                                        40

                South of State Road 44, Blackwater Creek flows through a portion of the

                Seminole Springs tract, a 8,820 acre parcel located just west of Lower Wekiva

                River State Reserve. This land is currently under review for inclusion on the

                C.A.R.L. Priority Acquisition List. The property contains over 50 springs of

                various sizes, the largest of which are Seminole Springs, which issues

                approximately 30.1 MGD and Messant Springs, which issues 95 MGD. Seminole and

                Messant Creeks, along with numerous other small tributaries, converge with

                Blackwater Creek.

                The area surrounding Blackwater Creek was heavily logged in the early 1900's,

                but mixed hardwood swamp, cypress swamp, and hydric hardwood plant communities

                have been reestabl.ished within the creeks floodplain.

                Approximately 1800 acres bordering the lower reaches of the creek are

                protected as part of the Lower Wek iva River State Reserve. Three miles of the

                lower reaches are included in the Wekiva River Aquatic Preserve.

                B. The Aquatic Environment

                Rock Springs Run has excellent water quality resulting from the consistency of

                spring flow originating at Rock Springs. The unaltered watershed and few

                urban and agricultural land@uses limits stormwater runoff and associated water

                quality problems. There are no large tributaries to Rock Springs Run, but

                significant inflow, from surrounding swamps occurs during periods of high

                rainfall (Department of Environmental Regulation 1983).

                                                       41

                The USGS has collected flow and temperature data at Rock Spring head since

                1931, and additional parameters have been monitored since 1959. Since 1972,

                Orange County has collected data from Rock Spring Run approximately one mile

                downstream of the spring head.

                USGS data from Rock Spring indicate consistently excellen t water quality since

                monitoring began in 1959 (Department of Environmental Regulation 1983).

                Turbidity, color, organic-N., ammonia-N and dissolved oxygen are low, while

                total phosphorous, nitrate-N and conductivity are slightly elevated. Low

                dissolved oxygen is characteristic of many artesian springs. Elevated levels

                of nutrients may be attributed to the limestone feeding the spring source. As

                the water flows downstream, it gains oxygen from aeration and from

                photosynthesis during the daytime (Hynes 1970). Dissolved oxygen levels at

                Rock Spring Run from Orange County data during 1976-1982 were above standards,

                and averaged 6.4 mg1l.

                Water quality data from several stations in the Wekiva River, just downstream
                of its confluence with Rock Springs Run, are al,so available from USGS and
                Orange County. These data also indicate excellent water quality in those

                areas reflecting the excellent quality of the spring flow.

                The little Wekiva River has experienced severe water quality problems in the

                past resulting from sewage discharge and stormwater runoff. Several sampling

                sites along the Little Wekiva are monitored by either USGS, FDER or Seminole

                County. Recent improvements in water quality h ave been indicated at some

                stations along the lower Little Wekiva.

                                                       42

               Water quality in the upper reaches of the Little Wekiva improves as a result

               of dilution from Sanlando, Palm, and Starbuck Springs. Water quality of these

               springs is similar to that of Rock Springs (Department of Environmental

               Regulation 1983).

               Excessive amounts of aquatic vegetation are present in some reaches of the

               upper Little Wekiva. It is suspected that nutrient enrichment from sewage

               discharge is contributing to aquatic plant growth. However, in areas where a

               forest canopy shades the river, there is little aquatic vegetation (Canfield

               and Hoyer 1985). It has been suggested that the availability of light may be

               the limiting factor controlling aquatic plant growth in these areas (EPA,

               1981; Seminole County, 1981; Canfield, 1981). Canfield and Hager (1985)

               suggested that past dredging operations may have encouraged the growth of

               aquatic plants by providing substrate through sedimentation of many formerly

               deep areas. Another cause of increased plant growth may be the reduction of

               shade through the removal of forest canopy. A three year study to determine

               the nutrient assimilation capacity of the Little Wekiva river is currently in

               progress. The study will also look at the effect of shading and includes a

               comparison of rivers throughout Florida ranging from those with no major

               discharges of treated effluent, to those with significant nutrient loadings.

              .*The Wekiva River is included in this study to determine the effect of

               discharges from the Little Wekiva on the Wekiva river further downstream

               (Canfield and Hoyner 1985).

                                                      43

                C. Plant Communities

                The Wekiva River Basin is located in a region of biological transition between

                two climatic zones, where the range of temperate zone plants overlaps the

                northern limit of many tropical species, this creates an area of diverse

                floral composition.

                Although many areas within the basin were extensively logged during the 1920's

                and 1930's, when cypress dominated the wetland forests, much of the forest has

                revegetated and the river's floodplain is now almost entirely wooded. Plant

                communities characteristic of the basin and representative plant species

                include:

                     Mixed hardwood swamp - tupelo, red maple water ash  bald cypress, sweet

                     gum, button bush, willow, pond apple, wax myrtle, dahoon holly.

                     Cypress swamp - predominately bald cypress with a lesser percentage of

                     hardwoods similar to those found in mixed hardwood swamp.

                     Hardwood hammock - sweet gum, magnolia, tupelo, live oak, laurel oak,

                     water oak, hickory, wax myrtle, sweet bay, cedar, American holly, red

                     maple.

                     Pine flatwoods - pond pine, loblolly pine or slash pine, longleaf pine,

                     saw palmetto, wire grass., gallberry.

                                                       44

                    Scrub - stagger bush, rosemary, silk bay, wild olive, blueberry, gopher

                    apple, prickly pear cactus, wire grass, lichens.

                    Scrubby flatwoods - slash pine, chapman's oak, myrtle oak, saw

                    palmetto, runner oak, wire grass.

                    Freshwater marsh    saw grass, arrowhead pickerelweed, coastal plain

                    willow, button bush, red maple, bald cypress.

                    Bayhead - 1oblolly bay, sweet bay, red bay, black tupelo, red maple,

                    loblolly pine, dahoon holly, coastal, plain willow, gallberry, wax

                    myrtle.

               A more complete list of plant species characteristic of the Wekiva basin,

               including many aquatic species, is maintained in the reso urces inventory files

               located in the central office.

               D.   Wildlife

               The water related resources of the Wekiva River support an abundance of

               wildlife. The river, its tributaries, associated hardwood and cypress swamps

               provide food, shelter and breeding sites for many native species, as well as

               several designated as endangered, threatened, rare, or of special concern.

               White tail deer, otter, grey fox, bobcat, raccoon, opossum, wild turkey,

               pileated woodpecker, and raptor species such as the red-tailed hawk,

               red-shouldered hawk, barred and great horn owl are typical inhabitants of the

                                                      45

                Wekiva basin. Osprey, anhinga, cormorant, great blue heron, great egret,

                green backed heron, several other wading birds, shore birds and water fowl are

                more closely associated with the river.

                The reserved areas of the basin offer dense and relatively isolated habitats

                with protection for many endangered, threatened, rare or species of special

                concern. Designated species identified within the Wekiva basin include:

                     Mammals - Florida black bear, Sherman's fox squirrel, Florida mouse,

                     southeastern shrew, Florida weasel, round-tailed muskrat.

                     Birds - wood-stork, white ibis, little blue heron, Louisiana heron,

                     snowy egret, limpkin, sandhill crane, southeastern kestrel, Florida

                     scrub jay.

                     Amphibians and Reptiles - American alligator, gopher tortoise, sand

                     skink, eastern indigo snake, southern leopard frog.

                     Fish - snail bullhead, bluenose shiner.

                A more complete list of.wildlife characteristic of the Wekiva Basin is

                included in the resource inventory file in the central office.

                E. Summary of Natural Systems

                The Wekiva River   its tributaries, associated wetlands and uplands are a

                unique ecological resource in east central Florida. The system supports a

                                                       46

               productive and diverse array of aquatic and upland natural systems and is a

               refuge for many threatened, endangered and rare species.

               Most of the Wekiva River is designated Outstanding Florida Waters including

               Rock Springs Run and three miles of the lower reach of the Little Wekiva

               River. The last three mil,es of the Wekiva are also designated a Scenic and

               Wild River.

               Publicly owned lands along the river provide the opportunity for,diverse water

               and land oriented recreational activities utilizing the natural resources of

               the area. Located in an area that is rapidly urbanizing, demands on the river

               system are increasing; protection of this natural resource is vital to future
               enjoyment by the public'.

                                                      47

                                                 Chapter V:

                            RESOURCE MANAGEMENT  GOALS, OBJECTIVES AND POLICIES

               A. Resource  Management Introduction: The Use of Management Directives.

               The aquatic preserve background presented in Chapter 11 and the description of

               the Wekiva Basin provided in Chapter III collectively pro vide the

               informational base for effectivemanagement. This chapter on resource

               management provides a directional context for goals, or long range

               achievements around which all management activities for the aquatic preserve

               will be oriented. The goals represent optimum conditions for preservation of

               water quality and living natural resources and address program administration

               strategies. Objec tives provide a means of achieving goals, and polici es are

               specific directives providing guidance for decision makers.

               This chapter represents the principal source of guidelines for those involved

               in making decisions with application to the aquatic preserve. Succeeding

               chapters discuss more procedural aspects of program implementation, program

               needs and management plan updates and amendments.

               B. Resource Issues with Implications for Management

               The natural resources of the Wekiva River have been described in Chapter III.

               Several resource issues resulting from the increasing pressures of population

               growth and human activity on the river are recognized. This section discusses

                                                      48

               those resource issues which are most likely to require reference to management

               directives.

               Urban Development

               The most immediate concern regarding the Wekiva River Aquatic Preserve is the

               ecological impact of urban residential development along the east bank of the

               Little Wekiva and Wekiva River in Seminole County. This area within Planning

               Area 5, the Markham/Paola Area as identified in the Seminole County

               Comprehensive Plan. Six new housing developments co  vering approximately 4,248

               acres with approximately six miles bordering the Aquatic Preserve are proposed

               for this area. Potential impacts to the Wekiva River resulting from increased

               urban developments are primarily related to water quality and water quantity.

               Water Quality

               The maintenance of the exceptional water quality of the Wekiva River is

               dependent upon the balance of a myriad of interrelating environmental factors

               associated with water quantity, velocity of streamflow, aquatic flora and

               fauna, surrounding wetlands,.upland recharge areas, etc. Activities

               associated with urban development may affect any or all of these factors and

               should be closely monitored by all agencies involved.

                    Wastewater - Zoning within this area of the basin is General Rural with

                    one unit per acre density, permitting the septic tank method  of

                    wastewater treatment. Several proposed PUD's with densities   of three or

                                                       49

                     more units per acre, if approved, will require central wastewater

                     facilities. At the present time, insufficient data exists to analyze the

                     impacts of increased sewage disposal through septic tanks, percolation

                     ponds or spray fields on wetlands and the Wekiva River system. Studies

                     are currently in progress to determine septic tank densities that would

                     not have significant effects  on the  Wekiva River. Further assessments by

                     appropriate agencies are required to establish guidelines to effect

                     wastewater management without detriment to the Wekiva River.

                     Saltwater Intrusion - The Wekiva Basin lies within an area where the

                     freshwaters of the Floridian aquifer overlie more salty waters, which are

                     remnant of an earlier geologic era when the sea level was much higher

                     than its present level. The top 1,000 feet of the Floridian aquifer

                     generally contains large quantities of potable water. Excessive

                     withdrawals or lack of rainfall f oradequate recharge, may induce the

                     upward movement of more salty water from the greater depths. Increased

                     population density would necessitate additional groundwater withdrawals.

                     Rock Springs and Wekiva Springs discharge directly from the Floridian

                     aquifer and any dramatic increases in chloride concentration resulting

                     from increased groundwater withdrawals could negatively affect stream

                     biota. In addition, the quality of potable water now available to

                     residents would be diminished. To date, the hydrological capabilities of

                     the groundwater resources in the Markham/Paota area have not been

                     determined. Hydrological investigations should be performed by

                     appropriate agencies to determine the capabilities of the ground water

                     resource of the area, to provide information for adequately evaluating

                     the water supply potential, and to evaluate possible impacts to the

                     groundwater resource from increased use.

                                                           50

                     Stormwater Runoff - Excess nutrients (nitrogen, phosphorus) and heavy

                     metals (lead, zinc, copper) in stormwater runoff originate from increases

                     in impervious surfaces associated with residential and commercial

                     development. The degrading properties of runoff waters have been well

                     documented, and the use of retention/detention ponds has become common

                     practice to either prevent the discharge of runoff waters into receiving

                     lakes and streams or to treat them prior to release. The effectiveness

                     of retention/detention ponds in removal of excess nutrients has not been

                     fully investigated. Several system designs require periodic maintenance

                     to maintain their efficiency, which may or may not be performed (the

                     SJWMD is responsible for monitoring the efficiency   of such systems).

                     Urban stormwater runoff is presently not a problem   in the proposed

                     development area, but as development pressures increase, so will the

                     potential for problems associated with untreated storTowater.

                Recreational Pressure

                The Wekiva River System along with state and local parks and preserves are a

                significant recreational resource. Swimming at the spring heads and picnicing

                are major attractions drawing visitors from throughout Florida. In    1985, over

                495,000 people visited Rock Springs at.Kelly Park. 225,657 people visited

                Wekiva Springs State Park in 1985. The entire length of the Wekiva River and

                Rock Springs Run is a State Canoe Trail and is one of the most heavily canoed

                trails in the state. Sport fishing is an important recreation to local people

                and also anglers from other parts of the state.

                                                        51

                As a result of all this activity, damage to eel grass beds has been noted in

                some areas along the spring run and river. Erosion of the stream bed and

                increased siltation downstreams of these areas can be damaging to the river

                and its biota. Refuse associated with recreational use has also been observed

                at many places along the river.

                Recreational pressures can only increase as Central Florida continues to

                develop. An effective management policy must be developed to prevent

                large-scale disturbances that may be created by over use.

                C. Water Quality Goals, Objectives, and Policies

                Management Goal

                Departmental progr ams, activities and project review responses will be

                oriented toward the long term goal of preserving the existing water quality of

                the Wekiva River in those areas where water quality is excellent and improving
              -the water quality elsewhere.

                Objectives concerning data collection and decisional guidelines are

                established to help achieve this goal and are presented here along with their

                accompanying policies.

                Data Objective

                The Department will collect available historic and current data concerning

                water quality within the aquatic preserve and vicinity and maintain the

                currency of such data.

                                                       52

                Management Policy

                a. Field personnel will assemble historic data concerning water quality

                    from the Department of Environmental Regulation, Orange County Pollution

                    Control, Seminole County Environmental Services, St. Johns Water

                    Management District, U.S. Geological Survey, as well as any other

                    sources available..

                b.  Field personnel will maintain the currency of water quality data in such

                    a manner that it may be readily available for evaluative purposes.

                    Numerical, graphic, and tabular data will be in such forms that it may

                    be readily cross referenced to U.S.G.S. Quad sheets for the Wekiva

                    Basin.

                C.  Field personnel will prepare for th  e central  Bureau office an annual

                    technical report describing current water quality trends relative to

                    historic baseline data. Technical reports should also identify any

                    particular problem areas, areas requiring close monitoring, short term

                    events affecting water quality, and any other matter of special concern.

                d.   Central Bureau office staff shall distribute for local government and

                     media use a summary, in non-technical language, of field personnels

                     annual technical report. The summary shall include a one page map

                     depicting boundaries of the aquatic preserve and highlighting specific

                     areas mentioned in the report. The summary shall be distributed at a

                     minimum to the chairmen of the Orange, Lake and Seminole County

                     Commissions and to the offices of the Orlando Sentinel and Sanford

                                                         53

                    Herald. In addition, the summary and full technical report shall be

                    provided to such persons involved in the preparation or administration of

                    Orange, Lake and Seminole County Comprehensive Plans, and to the office

                    of the East Central Florida Regional Planning Council, the St. Johns

                    Water Management District, and the Department of Environmental Regulation

                    (District Office at Orlando).

               e.   Field personnel shall suggest to the Central Bureau office staff

                    additional needed information or research which would be of benefit to

                    the long term management of the aquatic preserve. The Central Bureau

                    office staff shall review suggesti ons and may refer them to appropriate

                    researchers or academic contacts or recommend that the department fund

                    the.project.

               f.   Field staff shall maintain current records of activit ies that may affect

                    long term water quality.. Such data shallinclude land use and

                    infrastructure considerations, recreational boat and canoe usage, and

                    state and loca'l park and preserve visitation.

               Decisional Guideline Objective

               Departmental decisions, recommendations, or positions with regard to any

               current or proposed activity likely to have a measurable impact on the water

               quality of any part of the Wekiva River Aquatic Preserve shall be promulgated

               on the basis of non-degradation to overal I water quality over time.

                                                      54

               Management Policy

               a.   The probable negative impacts on water quality from the following

                    categories of activities are sufficiently well documented to justify

                    their prohibition an ywhere within the aquatic preserve boundary:

                    dredging for fill, dredging for the purpose of creating access  to a

                    private dock, placement of underwater utility lines.

               b.   Any proposed activities which are not prohibited and require the

                    Departments concurrence shall be evaluated on an individual basis.

                    Possible negative impacts identified by evaluation shall require adequate

                    mitigation as a condition of approval.

               C.   Field personnel shall be responsible for monitoring the condition of any

                    activities authorized by the Department, including compliance with

                    mitigation measures or other specific conditions of approval.

               d.   The Department may provide general or detailed comments and

                    recommendations concerning impacts to water quality from authorized or

                    proposed activities in the vicinity of the aquatic preserve to

                    appropriate parties.

               e.   The Department may provide water quality data, maps, and recommended

                    policy language to the governing bodies of Orange, Lake and Seminole

                    Counties supporting the development and administration of comprehensive

                    plans with regard to water resource management, conservation, recreation,

                    land use, stormwater management and infrastructure.

                                                      55

               D.   Living Natural Resources Goal, Objective and Policies

               Management Goal

               Departmental programs, activities and project review responses shall be

               oriented toward the long term goal of maintaining the integrity of existing

               natural habitats to insure the propagation of plant and animal species.

               Objectives concerning data collection and decisional guidelines are

               established to help achieve this goal and are presented here along with their

               accompanying policies.

               Data Obiective

               The Department shall collect and maintain informatio n concerning the living

               natural resources of the Wekiva River System.

               a.   Field personnel will maintain the currency of the initial baseline

                    species list as established and recorded in the resource inventory file

                    in the central office, adding species as they are confirmed by reliable

                    sources. Rare species or  species in decline shall be noted in the lists

                    with specific reference to their present and former status.

               b.   Field personnel shall be familiar with current published literature and

                    works in progress pertinent to the li ving natural resources of the Wekiva

                    River System.

                                                      56

               C.   Field staff will be aware of natural and manmade alterations that may

                    affect existing plant and animal communities (erosion, storm drainage,

                    disturbance to eel grass beds from canoes and boat propellers).

               d.   Field staff will prepare a living natural resources map using USGS Quad

                    sheets depicting the location of plant communities and verified or most

                    likely locations of animal species of special interest.

               The efficient description and location of resources within such a large area

               requires the use of remote sensing techniques. This work will be d  one in

               conjunction with DNR's Marine Research Laboratory's Assessment of Fishery

               Habitat Loss Study in the Alligator Habor area. Marine Research Laboratory

               personnel have developed resource and habitat identification mapping through

               the use of LANDSAT (satellite) imagery and aerial photography.

               The vegetation and land use mapping done in this study will become the basis

               for the development of a Resource Protection Area management system in the

               aquatic preserves. This mapping system will identify and classify various

               resources within the aquatic preserves that require protection by the manage-

               ment program. Thi.s mapping system will also give acreage totals for each land

               use and vegetation classification in the preserves. The vegetation portion of

               the mapping will be augmented over time by wildlife and fisheries information

               (endangered species, bird rookeries, etc.), archaeological and historical site

               information and other resource factors deemed crucial to the continued health

               and viability of the aquatic preserves.

                                                      57

               The onsite managers will supplement this mapping with the above information to

               develop and update a Resource Protection Area (RPA) mapping program. The RPA

               mapping system is based on three levels of resource classification. The Class

               I level will contain resources of the highest quality. Uses proposed for

               these areas will receive the most rigorous review. The Class I level will

               include one or more of the following: marine grassbeds; beaches; saltwater

               marsh; oyster bars; archaeological and historical sites (upland and sub-
               merged); endangered species habitat; colonial water bird nesting sites; and

               other appropriate factors.

               The Class 2 areas will be defined  as those areas containing the resources of

               Class 1, but in a transitional condition compared to Class 1. These resources

               will either be building toward  Class I status or declining to Class 3 status.

               Class 2 areas will require careful field review as to the specific area's

               sensitivity to each proposed use. In some respects, these areas may be as

               sensitive or more sensitive to disturbances as Class I areas. The resources

               of Class 2 will include: marine grassbed.s; salt marsh species colonizing new

               lands; and other resources of Class I type that fit in the Class 2 condition.

               Class 3 areas wil 1 be characterized by the general absence'of the attributes

               of the above.two classes. Class 3 areas may have small localized Class I or 2

               areas within them. Class 3 will generally have deep water areas or areas with
               no significant vegetation or wildlife attributes.. Nearshore and bottom areas
               significantly modified by man will be designated Class 3.

               These RPA maps will require periodic  revisions as the onsite managers  learn

               more about the resource's reaction to man's uses. Scientific research and

                                                       58

               other data additions may also require modification of this system. Natural

               changes will also require modification of this classification system.

               Periodic checking by LANDSAT satellite imagery will become useful for remote

               sensing monitoring as its use is more fully developed.

               The RPA maps will become a planning tool for both onsite and central office

               staff. More detailed field review will still be required to supplement this

               information on a case by case basis, as necessary..

               The initial development, as well as periodic review, will require support and

               assistance of the many other resource regulating and managing agencies, as

               well as local and regional government entities. Support will also be

               requested from the colleges, universities, foundations and other interest

               groups and individuals.

               E.   Cumulative Impact Analysis

               Cumulative impacts are the sum total of major and minor changes or effects

               upon a natural system. Taken singularly these effects may not   constitute a
               notable change in the condition of the natural  system, but as these single

               changes or uses accumulate, their combined impact may result in a substantive

               environmental disturbance or degradation of the natural system.

               The review of proposed uses in the aquatic preserve from the perspective of

               cumulative impact analysis requires a thorough knowledge of the natural system

               and the various interactions and dynamics within that system. This aquatic

               preserve management program will initiate development of a cumulative impact

                                                       59

                analysis program. The evaluation of cumulative impacts shall include the

                following criteria from Chapter 18-20, F.A.C.:

                     (1)  The number and extent of similar actions within the

                          preserve which have previously affected or are likely

                          to affect the preserve, whether considered by the

                          Department under its current authority or which existed

                          prior to or since the enactment of the Act; and,

                     (2) The similar activities within  the preserve which are

                          currently under consideration by the department; and

                     (3)  Direct and indirect effects upon the preserve which may

                          reasonably be expected to result from the activity; and

                     (4)  The extent to which the activity is consistent with manage-

                          ment plans for the preserve, when developed; and

                     (5)  The extent to which the activity is in accordance

                          with comprehensive plans adopted by affected local

                          governments, pursuant to Section 163.3161,

                          F.S., and other applicable plans adopted by local, state

                          and federal governmental agencies.

                     (6)  The extent to which the loss of beneficial hydrologic and

                          biologic functions would adversely impact the quality or

                          utility of the preserve; and

                                                       60

                     (7) The extent to which mitigation measures may partially off-set

                          adverse impacts. Proposed mitigation to compensate for damages to

                          resources in the preserve will only be considered when no other

                          reasonable alternatives exist.

               The availability of onsite preserve staff who are familiar with the distinc-

               tive characteristics of this system, coupled with their ability to access

               LANDSAT imagery  and mapping, and other data sources, is the key to development

               of a successful cumulative impact analysis program. As cumulative impacts are

               identified for specific areas and/or resources, they will become an integral

               part of the project analysis  and decision-making process.

               Departmental decisions, recommendations, or positions with regard to any

               proposed or current activity with the potential to impact the living natural

               resources of the Wekiva River shall be promulgated on the basis of providing

               maximum protection to existing habitats or encouraging the restoration of

               essentially natural conditions.

               a.   The clearing of shoreline vegetation shall be kept to a minimum and

                    allowed only for providing access in those areas where no other

                    alternative exists.

               b.   Herbicide use in the aquatic preserve shall be limited to those areas

                    threatened by the profileration of exotic plant species. Only those

                    chemicals approved by the U.S. Environmental Protection Agency for

                    wetland and aquatic systems may be used, and only licensed applicants or

                    representatives of state agencies may apply such ch emicals.

                                                      61

                C.   Any state owned islands in the aquatic preserve shall be maintained as

                     bird rookeries and wildlife habitat and may be posted by field personnel

                     as off-limits to human visitors.

                d.   Evidence of any resource violations shall be reported immediately to

                     staff at Lower Wekiva River State Reserve, Rock Springs Run State

                     Reserve, or the Florida Game and Freshwater Fish Commission.

                F. Administrative Goal, Objective and Policies

                Administrative Goal

                Departmental programs and activities shall be administered in accordance with

                the long term goal of a well organized, efficient, and coordinated operation

                which can prioritize immediate and Tong term needs, work productively with

                other public agencies, deal fairly with landowners and the general public, and

                communicate readily with,all concerned parties. Objectives concerning

                operations, communications and future directives are established to help

                achieve this goal and are presented here along with their accompanying

                policies.

                Operations Objective

                Aquatic preserve program operations shall be conducted in such a manner   so as

                to expedite permit reviews and other development or project reviews within a

                coordinated framework.

                                                        62

               Management Policy

               a. Central Bureau office staff and f  ield staff shall coordinate their

                   review procedures for permits and all other matters so that any required

                   communication with applicants or other agencies occurs as early in the

                   review process as possible.

               b.  Departmental determinations, recommendations, or p ositions with regard

                   to permit applications or other projects under review shall not be any

                   less stringent than pertinent requirements of the Seminole County

                   Comprehensive Plan or the East Central Florida Regional Policy Plan.

               c.  Field staff shall conduct periodic monitoring of approved permits and

                   projects to ensure compliance with the conditions of the permit.

               Communication Objective

               Departmental activities  shall include a mechanism for regular communication

               with-interested parties  regarding aquatic preserve issues with which the

               Department is involved.

               Management Po icy

               a. Field staff shall be available to make presentations about the Wekiva

                   river and the aquatic preserve program to any interested local, civic or

                   school group.

                                                       63

               b. Field and Central Bureau office staff shall initiate and maintain

                   contact with key academic departments and individuals in the state

                   university system to inform them of research needs and opportunities.

               Future Directives Objective

               Daily administration duties shall include data acquisition and routine work

               scheduling to accommodate lo ng range program needs in manageable increments.

               Management Policy

               a. Field personnel shall provide site evaluations and other supporting

                   information for proposed inholding acquisitions or aquatic preserve

                   boundary extentions.

               b. Field personnel and.Central Bureau office staff shall communicate on a

                   regular basis to insure that work tasks, assignments, and time frames

                   are well coordinated.

               c.  All goals, objectives and policies applicable to the existing aquatic
                   preserve shal.1 be applicable to boundary extensions or acquired
                   inholdings.

                                                      64

                                                 Chapter VI

                                      MANAGEMENT IMPLEMENTATION NETWORK

               This chapter of the management plan will address the various relationships of

               aquatic preserve management to the different government agencies and programs,

               non-government entities, interest groups, and individuals within the aquatic

               preserve area. The activities of both field pers onnel and central office

               staff as they relate to these other organizations will be presented.

               A. FEDERAL

               Many federal agencies have property interests, land and wildlife management

               programs, research activities, construction activities, and regulation

               programs existing or potentially existing within the aquatic preserve, The

               objective of the aquatic preserve management program will be to complement

               the various activities wherever possible. The field personnel will assist

               those federal agencies in areas where.they have common goals. The field

               personnel and central office staff will also review the federal activities as

               to their effect on the objectives of the aquatic preserve management. The

               review shall be coordinated through the DER.'s Office of Coastal Management for

               the purposes of enforcing the provisions of the Federal Coastal Zone Manage-

               ment Act of 1972, as amended.

               1. United State Fish and Wildlife Service. The Aquatic Preserve program will

               be involved in the review of proposed-preserve uses in conjunction with the

                                                      65

               Fish and Wildlife Service. The USFWS reviews dredge and fill requests and

               other federal level permitting under the Fish and Wildlife Coordination Act.

               Another management program in which the field personnel could possibly

               interact with the Fish and Wildlife Service is the protection and recovery of

               endangered species and bird rookeries within the aquatic preserve. Field

               personnel will become involved in using available recovery techniques for this

               purpose, as necessary.

               2.. U.S. Army Corps of Engineers. The U.S. Army Corps of Engineers (COE) is

               charged with providing technical guidance and planning assistance for the

               nation's water resources development. The COE also provides supervision and

               direction to many engineering works such as harbors, waterways and many other

               types of structures. Their major responsibility, as it applies to the aquatic

               preserve, is the protection of navigable waters, pollution abatement and

               maintaining water quality and the enhancement of fish and wildlife.

               The COE activities in the Wekiva River area include their involvement with the

               DER in the dredge and fill permitting process, technical oversight of channel,

               inlet and canal maintenance, and evaluating requests for new channels, canals

               and other such public works projects. The field personnel will become

               familiar with the various programs, policies and procedures as they apply to

               the aquatic preserve.

               The field personnel and central office staff will also review activities

               proposed by the COE for conformance to the objectives of the aquatic preserve

               management plan. This involvement should begin in the earl stages of proJect
                                                                           y

                                                      66

                planning in order to facilitate the best protection of the aquatic preserve

                possible.

                3. U.S. Geological Survey. The U.S. Geological Survey (USGS) under the

                Department of the Interior has the responsibility to perform surveys,

                investigations, and research pertaining to topography, geology, and the

                mineral and water resources of the United States. USGS also publishes and

                disseminates data relative to those preceding activities. In the past the

                USGS has conducted many studies on various resources in the region.

                The field personnel and central office staff will become familiar with these

                studies and the data results as they apply to their management activities.

              j4. U.S. Environmental Protection Agency. The U.S. Environmental Protection

                Agency (EPA), in cooperation with state and local governments, is the federal

                agency responsible for the control and abatement of environmental pollution.

                The six areas of pollution within which the EPA is concerned are air, water,

                solid waste, noise, radiation and toxic substances. The DER is the state

                agency responsible for handling most of these programs on a state level in

                lieu of a federal program. Within the aquatic preserve, the field personnel

                will assist the EPA in planning field ac tivities and where there are common

                goals.

                B. STATE

                Many state agencies have programs which affect the resources or regulate

                activities within the aquatic preserve. There are other DNR programs that

                are within or affect the Alligator Harbor Aquatic Preserve management.

                                                       67

                1. Department of Environmental Regulation. The Department of Environmental

                Regulation (DER) is the state agency in charge of state-wide regulation of

                water quality. The DER is also the local contact in the aquatic preserves

                area for the initiation of dredge and fill applications in conjunction with

                the COE and DNR. With respect to water quality and dredge and fill regula-

                tion, the DER is one of the most important agencies to the management of the

                aquatic preserve. Maintaining water quality in the preserve is critical to

                the health.of the River, and dredge and fill activities are one of the most

                potentially destructive activities affecting water qualtiy within the

                preserve. The DER also monitors and regulates other potential forms of pollu-

                tion, such as air pollution, wastewater discharges, and hazardous waste, all

                of which can affect the ability to maintain essential natural conditions.

                The field personnel will become familiar with the water quality,- dredge and

                fill, and other regulatory programs that are important to the aquatic

                preserve. The field personnel should develop a close working relationship

                with DER staff and become familiar with DER field activities and programs that

                are in common with the objectives of the aquatic preserve-management program.

                The field personnel should open the most efficient line of communication with

                the local offices to receive advanced copies of the permit applications from

                DER to improve the response time within the review process.

                The DER, Offi ce of Coastal Management is charged with coordinating activities

                related to coastal management in the state and reviewing federal actions for

                consistency with the State Coastal Management program, Section 380.20, F.S.

                                                       68

                The central office staff will maintain a close relationship with the Office of

                Coastal Management for assistance in the review of federal actions, data and

                resea rch needs, and other program support.

                2. Department of Community Affairs. The Department of Community A  ffairs

                (DCA) is responsible for determining Developments of Regional Impact (DRI) and

                for recommending to the Administration Commission Areas of Critical State

                Concern (ACSC). DRI 's are major developments that have impacts on a scale

                which is greater than county level and require a regional review from

                neighboring local governments and stat e agencies. Both the central office

                staff and field personnel of the aquatic preserve program will be involved in

                reviewing DRI's. The field personnel should receive notice of a DRI through

                the central office staff and will proceed with the field review. The central

                office staff will coordinate the field review findings and work with the other
                -state agencies in Tallahassee in the review of the DRI.

                The ACSC program is intended to protect the areas of the state where unsuit-
              *able land development would endanger resources of regional or statewide

                significance. When an area is identified as a possible ACSC, a Resource

                Planning and Management Program (RPMP  is established. The RPMP evaluates the

                resources, and the local government's land development practices. After this

                evaluation is complete, the RPMP committee makes recommendations to the local

                governments on how their land development practices could be improved to

                ensure an orderly land well-planned growth that would protect the critical

                resources. When these modifications are not made to the RPMP committee's

                approval, areas of local government that are not in conformance could be

                                                      69

               designated an ACSC or the entire area may be designated an ACSC by the

               Legislature. The Wekiva River Aquatic Preserve area is not currently

               designated an ACSC.

               3. Department of Natural Resources. The aquatic preserve management program

               is associated with several other Department of Natural Resource (DNR) programs

               in the Wekiva River area.

               DNR's Marine Research Laboratory in St. Petersburg, under the Division of

               Marine Resources, has several studies and programs ongoing statewide.involving

               Fisheries habitat loss which will benefit the aquatic preserve program. The

               Resource Protection Area mapping developed as part of these studies will also

               be used in the management of Wekive River aquatic preserve. The data

               currently available from these studies are incorpo rated into this management

               plan.

               The Division of State Lands within the DNR is charged with overseeing uses,

               sales, leases or transfers of state-owned lands. The aquatic preserve staff

               will interact with State Lands in all transactions concerning submerged lands

               within the aquatic preserve. These would include the potential acquisition of

               privately titled submerged lands or contiguous uplands important to the integ-

               rity of the preserve.

               The Division of Resource Management, through the Bureau of Aquatic Plant

               Research and Control, is responsible for various aquatic plant programs

               potentially affecting the aquatic preserve. Staff will establish

                                                      70

                communication links with this Division to ensure that adequate consideration

                is given to potential impacts upon the preserve that may result from the

                conduct of their various programs.

                The Division of Recreation and Parks, in addition to the work related to

                aquatic preserves by BLARM and the Florida Park Service, is also involved in

                the management of State parks and recreation areas nearby. The aquatic

                preserve program will work closely with these programs as they relate to

                aquatic preserve management objectives.

                4. Florida Game and Fresh Water Fish Commission. (GFWFC) The GFWFC's

                Environmental Services office in Tallahassee sends biologists into the

                preserve to review projects which may have potential impacts on local fish and

                wildlife habitat as necessary. The central office will use the GFWFC's assis-

                tance in their review process, when possible, and in devel  oping fish and

                wildlife management for the aquatic preserve.

                The GFWFC also has law enforcement officers working in this area. The field

                personnel will interact with these officers where there are common goals of

                protecting wildlife and other resources w ithin the Wekiva River.

                The GFWFC is also thestate coordinator of the Non-Game Wildlife and the

                Endangered Species Programs in Florida. The Field perso  nnel and central

                office staff will work with GFWFC personnel in developing program needs in

                this area.

                                                        71

               5. Department of Transportation. (DOT) The DOT has its State headquarters

               office in Tallahassee and District office in Orlando, and the aquatic preserve

               field personnel and the central office will work with the resident engineer on

               anticipated projects having possible impacts on the aquatic preserve. The

               field personnel and administrative staff will review any major highway or

               bridge projects that may be proposed in the future.

               6. Department of State. The Division of Archives, History and Records

               Management (DAHRM) in the Department of State will have a close working

               relationship with the field personnel and central office staff in the protec-

               tion of archaeological and historical sites. The field personnel will.be

               directed by DAHRM, through the central office, in any activities or management

               policy needs for these sites.

               7. Health and Rehabil itative Services. (HRS) Both the central office staff

               and field personnel will establish communication and coordination linkages

               with HRS and their locally conducted programs of septic tank regulation and

               mosquito control. Although mosquito control serves a useful public function,

               the effects of pesticides (adulticides and larvacides) in the waters of the

               preserve are a primary concern. Additionally, the central office staff will

               become involved in future meetings and management programs developed by the

               Governor's Working Group on mosquito control. Subsequent policy recommenda-

               tions coming out of this group will be evaluated for applicability to the

               ongoing aquatic preserve management program.

                                                      72

               C. REGIONAL

               The regional level of the management implementation network as it applies to

               the Wekiva River Aquatic Preserve will include the St. John River Water

               Management District and The East Central Florida Regional Planning,Council.

               These organizations have activities that are broader than the local

               government, but are on a smaller scale than the state level.

               1. Water Management District. The St. John River Water Management District

               includes Lake, Volusia and Seminole Counties. The wa  ter management district

               administers permitting programs for consumptive water use, management and

               storage of surface waters well drilling and operation, regulation of

               artificial recharge facilities, and works of the district. This includes the

               withdrawal and use of water from rivers, streams, and wells. The types of

               water uses they permit in the preserve area include irrigation and public

               water supply. The field personnel will become familiar with the review and

               permitting procedures as they might apply to water supply in this basin. The

               water management district is also involved in various studies on water supply

               and management, and other related research that may be of use to aquatic

               preserve management.

               2. Regional Planning Councils. The East Central Regional Planning Council

               (ECRPC) serves as a regional planning body for the local governments of Lake,

               Volusia and Seminole Counties. Other east central Florida counties are served

               by these regional planning councils, as well. Among its duties, the ECRPC:

                                                      73

                    a. aids local governments with planning expertise;

                    b. is the regional representative for the Development of Regional

                        Impact (DRI) review process;

                    c. serves as regional clearinahouse for state and  federal projects and

                        programs;

                    e.  conveys information from the local governments to the state and

                        federal levels; and

                    f. prepares and administers the.regional policy plan.

               The field personnel will become familiar with the various projects, programs,

               and data sources that the ECRPC has within their administration that may

               affect or prove useful to the aquatic preserve program.

               The DRI review of projects which affect the aquatic preserves will be reviewed

               by the central office staff, with the field personnel's field review, when

               necessary. DRI's for large marinas, large s ubdivisions on the uplands above

               the preserve, and commercial or industrial developments will require a field

               review by the field personnel as to their effect on the aquatic preserve.

               D. Local Governments and Special Districts

               This section will address the relationship of the aquatic preserve management

               program to the various local government agencies, special districts and their

                                                      74

               programs. The local governments for Wekiva River Aquatic Preserve involve

               Lake, Seminole and Orange Counties. The various special districts (drainage

               and mosquito control) and their relationship to aquatic preserve management,

               are also presented.

               The field personnel will be the local liaison for the aquatic preserve to

               these local government entities to assist them in modifying their policies and

               practices to conform to the objectives of the aquatic preserve's management

               plan, and to exchange information and expertise for mutual benefits.

               1. Relationship  to local management plans: Local (municipal and county)

               governments are required by the Local Government Comprehensive Planning Act of

               1975 (Section 163.3161, F.S.) [as ammended by Chapter 85-55, Laws of Florida,

               to the Local Government Comprehensive Planning and Land Development Regulation

               Act] to update their local plans and among other requirements adopt land

               development regulations and improve coastal management protection. The

               coastal management element of the LGCP along with the land use and conser-

               vation elements establishes long range plans for orderly, and balanced

               development, with particular attention to the identification and protection of

               environmental resources in the planning area. Conformance with the criteria,

               policies and practices of a local government comprehensive plan is required

               for all development within the local governmental jurisdiction.

               The intent of the aquatic preserve management program and this plan is to

               guide Lake, Volusia and Seminole governments during their comprehensive

               planning toward developing local plan criteria and standards to be consistent

                                                      75

                with the objectives of the aquatic preserve program. Field personnel will

                become acquainted with local planning efforts and local officials and lend

                assistance for this purpose.

                2. Relationship to local development codes. The local zoning and development

                codes (e.g. building codes) provide the major local regulation that defines

                what an owner can do on a particular parcel of property. The zoning

                prescribes the allowable uses and the intensity of those uses. Certain uses

                along an aquatic preserve can potentially have a profound effect on a

               .preserve.

                This section will operate in conjunction with the preceding section on local

                management plans. The field personnel will become familiar with the local

                zoning, development codes and their potential effects on the nearby aquatic

                preserve. The field personnel will assist local planning and zoning official s

                in identifying areas where changes in zoning would better conform to the

                objectives of environmental protection for the aquatic preserve management.

                The field personnel will also offer to assist local planning and zoning

                officials in the review of proposed subdivisions upland of the preserve.

                3. Special Districts (Drainage, Tnlet and Mosquito Control). The special

                districts.are taxing districts established to correct drainage and mosquito

                control problems. Lake, Volusia and Seminole Counties have mosquito control

                districts.

                These districts may not have an official comprehensive management plan, but

                they do have management policies and program statements that are similar to

                                                       76

               such a plan. The field personnel will become familiar with these policies and

               the activities of these districts and will monitor their effect on the aquatic

               preserve. For examp  le, the field personnel might recommend identifying areas

               that should not receive mosquito spraying or other alternative management

               because of remoteness to inhabited areas and because of possible damage to the

               resources of the aquatic preserve; or drainage districts might be asked not to

               use certain types of herbicides or to use them only at certain times of the

               year.

               E . Other Entities

               This section will apply to the numerous entities that have an interest in the

               aquatic preserve but are non-governmental agencies. They include the

               environmental interest groups (i.e., Friends of Wekiva River, Inc., Audubon

               Society, Sierra Club, Plant Society, and others), universities and the fishi ng

               and sporting groups. The relationship of these entities to aquatic preserve

               management might include the coordination of activities, such as scientific

               research, environmental education, management of rookeries or other natural

               areas, or numerous other possible activities. A worthwhile aquatic preserve

               management process will depend on the continued support and help of these

               interest groups in all of the aquatic preserves.. The field personnel will be

               active in communicating the aquatic preserve management process and activities

               to the various groups and consulting with them for their help in their areas

               of expertise.

                                                       77

                                                  Chapter VII

                                                  PUBLIC USES

               This chapter addresses the public use of the aquatic preserve.    The public in

               this case shall refer to the g eneral public or those persons without riparian

               rights. The "Florida Aquatic Preserve Act of 1975" (Section 258.35, F.S.)

               allows for the lawful and traditional public uses of the aquatic preserve,

               such as sport fishing, boating and swimming (as adapted from Section

               258.43fl], F.S.) These and other traditional uses that do not involve a

               commercial intent or the use of a riparian right to place a structure in the

               preserve, and do not degrade or otherwise destroy the preserve will be con-

               sidered public uses. This section will be further divided into consumptive

               and non-consumptive uses as applicable to each resource.

               A. Consumptive Uses.

               Consumptive uses involve the removal of resources from the preserve. These

               uses include fishing, hunting, shellfishing and other related activities.
               They also include the unintentional removal'of resources by propeller damage

               to grassbeds. The management of these uses (see Chapter V, Resource Manage-
               ment, Section B: Onsite Management Objectives) will include the o   bservation

               and monitoring of the effects of these uses on-the resources. The field

               personnel will periodically assess the impacts through the use of the Marine

               Research Laboratory's LANDSAT capabilities for habitat losses or disturbances

               in the Wekiva River area plus any other studies or data sources that might

                                                       78

               become available. This management will also include the protection of the

               resources fro m unlawful or excess practices of these uses. The legality of

               these uses will be controlled by existing applicable state laws and local

               ordinances. Field personnel, for example, will become familiar with and

               monitor the success of rules adopted by the Game and Freshwater Fish

               Commission. These will include regulations on fishing gear, bag and  size

               limits, closed areas, seasons, etc.

               Consumptive uses will also be monitored for their effect on other resources

               (e.g., bird rookeries, grassbeds, archaeological and historical sites). The

               field personnel wil 1 also be sensitive to additional enforcement needs (i.e.,

               the need for additional enforcement staff during nesting seasons).

               B. Non-consumptive Uses.

               These uses are those which do not generally remove resources from the

               preserve. Examples of these uses include swimming, diving, boating, bird-

               watching and other related activities. The management practices involved with

               these uses will be the same as those previously described under Section A.,

               except that these uses are not generally controlled by law. The guiding

               principle in these cases will be whether or not the activity causes a disrup-

               tion of the preserve's resources (e.g., destroys grassbeds, or disturbs

               rookeries). Only in the event of these disruptions will the field personnel

               become involved. Some of these uses may possibly be involved in environmental

               education programs (Chapter XI).

                                                      79

                                                 Chapter VIII

                                          PRIVATE NON-COMMERCIAL USES

               This section will apply to those private, non-commercial uses which are

               associated with riparian land ownership. The management of the aquatic

               preserve recognizes the traditional riparian rights of upland property owners.

               The right of ingress, egress, boating, swimming, fishing and other incidental

               uses of sovereignty lands, historically has allowed for the placement of

               certain structures, such as docks   within the preserve. The right to make any

               preemptive use of sovereign lands is a qualified one and can only be exercised

               with the prior consent of the Board after a finding that such uses will not

               impair public uses, or destroy or damage areas of environmental significance.

               The review of proposed activities will require the interaction of the Resource

               Protection Area mapping with administrative and possible field review and

               later monitoring by field personnel as projected by Chapter V., Section B.

               Private non-commercial uses shall be designed to avoid critical Resource

               Protection Areas (Class 1 and 2) and shall be designed to reduce the uses'

               impact to the preserve in general. Individual applications for these private

               non-commercial uses shall be reviewed by the applicable Resource Protection
               Area Map and criteria. In addition, private dock proposals will be reviewed

               by the criteria described in Section 18-20.04(5) F.A.C. of the revised Aquatic

               Preserve Rule.

               Seawalls should be placed, when allowed, in such a way as to be the least

               ,destructive and disruptive to the vegetation and other resource factors in

                                                       so

                each area. Approved uses which do disrupt or destroy resources on state-owned

                lands will require mitigation. This mitigation will include restoration by

                the applicant or other remedy which will compensate for the loss of the

                affected resource to the aquatic preserve.

                Dredging within the aquatic preserve shall be held to a minimum. Dredging

                proposals shall be reviewed according to the procedures in Chapter V depending

                on the proposed activities location within the RPA. Proposals within Class I
                area*s (Chapter V[BI[61.) will be scrutinized to the maximum extent in order to

                find the best practicable method of development and location if that use is

                acceptable in that particular area of the preserve. The mitigation of lost or

                disturbed resources shall be required.. There shall be no dredging allowed in

                Class I or 2 areas or in nearby areas if it will adversely impact these areas.

                The location of proposed multi ple docking facilities, such as for condominium

                developments, shall be based on the marina siting criteria described in

                Section 16Q-20.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

                Authorization of such facilities will be conditioned upon receipt of docu-

               -mentation evidencing the subordination of the riparian rights of ingress and

                egress for the remainder of the applicant's shoreline for the life of the

                proposed docking facility.

                Non-residential docking facilities (commercial) are addressed in Chapter IX.

                The use of airboats within this preserve is seen as a non- traditional use and

                this activity is discouraged due to the background noise they create.

                                                        81

                Applications for airboats use within the preserve will be reviewed on a case

                by case basis. Their use will only be recommended where the activity will not

                affect resource protection areas, or the other natural and aesthetic values of

                the preserve, or when required in law enforcement efforts

                                                       82

                                                 Chapter IX

                                               COMMERCIAL USES

               This section addresses the variety of traditional and non-traditional (i.e.,

               new uses in this area) commercial uses which might occur within the aquatic

               preserve. Among the traditional uses in the Wekiva RIver area are utility

               crossings, marinas and commercial uses.

               A. TRADITIONAL COMMERCIAL USES

               1. Utility Crossings. There are at present time both aerial and underwater

               utility crossings in the aquatic preserve. Future proposals should be

               designed so the preserve is crossed by the least destructive method in the

               least vulnerable areas according to the RPA.maps (Chapter Vr-Cl). Increased or

               additional use of any existing utility crossings is preferable, if their

               condition at the time of the proposal is acceptable. The field personnel

               should eventually develop a utility crossing plan for all areas with antici-

               pated utility crossing needs to allow for advance planning, for placement of

               these crossings in the best environmental location possible. The utility

               crossing plans, when completed, will become a part of this plan. Crossings

               should be limited to open water areas to minimize disturbance to grassbeds or

               other critical habitat areas and should not interfere with traditional public

               uses.

               2. Marinas. The locating of marinas and their related uses will be a major

               concern of the Wekiva River Aquatic Preserve management. Marinas represent a

                                                      83

               use with many potential impacts on the preserve's resources. The siting

               policy of Section 18-20.04(5) F.A.C. of the revised General Aquatic Preserve

               Rule shall be used for siting marinas in the aquatic preserves.

               3. Other Docking. Any other type of commercial docking, not mentioned in the

               preceding sect ions, will follow the marina siting policy as stated in Section

               18-?0.04(5) F.A.C. of the revised General Aquatic Preserve Rule.

               B. Non-traditional Commercial Uses

               1. Deep Water Port Facilities. There are no facilities of this type within

               the Alligator Harbor Aquatic Preserve at the present time. New deep water

               port facilities within the preserve boundary shall be prohibited.

               2. Power Plants. Power plants have the potential for causing major changes

               in the air quality, water quality, and plant and animal life of the aquatic

               preserve. For these reasons, they are incompatible with the purposes of this

               aquatic preserve. The location of proposed power plants upstream of a

               preserve should also be evaluated as to the effects on the downstream

               preserve.

               3. Other  Uses. Any other use that qualifies as a commercial use of

               state-owned submerged lands not mentioned above will require a review for its

               anti cipated impact on the aquatic preserve and the best location for the

               activity compatible*to the resource protection areas within each preserve.

                                                      84

                                                   Chapter X

                                              SCIENTIFIC RESEARCH

               The field personnel attached to the Wekiva River Aquatic Preserve should serve

               as the area coordinators of scientific research in the preserves. Scientific

               research, and any other type of research or testing within the aquatic

               preserve, should require the clearance of both the field personnel and the

               central office staff before these activities can proceed. Certain activities

               could be detrimental to the resources of the preserve and should be carefull  y

               reviewed before allowing them to occur. Fa  ctors including location, specific

               procedures, and time of year, should be carefuTly reviewed for the possible

               disturbance or effect of the research on the other resources of the aquatic

               preserve. The field personnel will be aware of   the possibility of working

               with othe r government agencies, colleges, universities, research foundations

               and government programs to fill the data needs of the aquatic preserve (see

               Chapter V and XII). The field personnel  will assist in the selection of

               possible test sites and other research needs within the preserve.

                                                      85

                                                  Chapter XI

                                            ENVIRONMENTAL EDUCATION

                The aquatic preserve should be used to enhance environmental educational

                programs at every opportunity. The goal of maintaining the aquatic preserve

                for the benefit of future generations can begin to be realized through the use

                of aquatic preserves for environmental education. Through education, the

                youth of Seminole, Lake and Volusia. Counties can acquire a knowledge of the

                natural systems and an appreciation for the aquatic preserve program.

                The field personnel will, through their normal activities in the aquatic

                preserve, select good examples of habitats and resources within these aquatic

                environments for use during educational group tours. This might include the

                development of environmental educational boat or canoe tours through the

                preserves. Other educational activities might also include prepared presen-

                tations for specific interest or user groups such as sport (boating, diving,

                fishing, etc.), civic and conservation groups and the development of a

                brochure outlining the major points of management within the preserve. These

                brochures could then be circulated to the various user groups. The field

                personnel will also prepare programs on the value of management activities of

              .the aquati c preserve for presentation to interested groups of all ages.

                Educating the public about aquatic preserve management is the key to the

                success and future of the preserve.

                                                       86

               The environmental education activities of the Wekiva River Aquatic Preserve

               may be coordinated with the public information and education program of the

               Rock Springs Run State Reserve. The edUcational goals of the preserve and

               reserve are similiar. A cooperative effort between both programs and a

               sharing of resources would strengthen the educational impact of each.

               Educating the public about estuarine and related resources is the key to the

               success and future of the preserve.

                                                      87

                                                  Chapter XII

                                           IDENTIFIED PROGRAM NEEDS

               This chapter of the management plan will address the various internal program

               needs that are expected to be identified during management activities.

               Meeting these needs will correct or generally relieve some stress on the

               preserve or the personnel involved in the management of the aquatic preserve.

               These needs may, in some cases, require legislative or administrative rule

               changes or acquisition of critical areas by the State. The need to identify

               problem areas and adjust the management plan in a manner that will positively

               address these problems and management needs is an essential element of any

               good management program.   Both field personnel and central office staff will

               continually monitor the management plan implementation process and specifi-

               cally identify observed program needs and problems. The areas to be

               considered include, but are not limited to:

                     A. acquisition of additional property,

                     B.  boundary problems,

                     C . legislative needs,

                     D.  administrative rule changes,

                     E.  data needs,

                     F.  resource protection capabilit ies, and

                     G.  funding and staffing needs.

                                                       88

                A. Acquisition of Additional Property

                There are areas both within and upland of the aquatic preserve that are in

                public ownership under the jurisdiction of various local, state and federal

                agencies. Many of these lands contain important resources, such as bird

                rookeries, archaeological or historical sites, endangered species habitat, and

                freshwater source wetlands as well as other wetlands. The protection of these

                areas is necessary to the wilderness preserve designation areas. Formal

                management agreements, memoranda of understanding, etc. that will ensure the

                compatible management of these areas will be developed. Other areas within or

                adjacent to the preserve that are in private ownership  should be closely

                examined to determine the advisability of bringing them into public ownership.

                The acquisition of these lands might act as a buffer to critical resources,

                prevent development of sensitive areas, allow the restoration of areas

                adversely affected by previous development or allow removal of disrupting uses

                within a preserve. The field personnel, during normal management activities,

                should be aware of significant upland areas and sovereign land conveyances

                which, if developed, would compromise the integrity of the aquatic preserve.

                The field personnel will keep a running record of these areas and will

                prioritize-these areas for possible public acquisition.

                B. Boundary Problems and Systems Insufficiencies

                The boundaries of the aquatic preserve are often political lines or artificial

                delineations of the natural systems within and surrounding the preserves. The

                field personnel, in their normal management activities, will be sensitive to

                                                        89

                the possible need for boundary modifications in areas where resources would be

                better protected. Potential boundary changes might include areas adjacent to

                the present boundary or previously conveyed sovereign lands. Any boundary

                change will require legislative approval.

                C. Legislative Needs

                Management needs could involve changes in the legislatio n pertaining to

                aquatic preserves or changes in the other statutes upon which aquatic preserve

                management is based. These changes may include boundary realignments or the

                strengthening of certain management authorities.

                D. Administrative Rule Changes

                Administrative rule statements addressing the organization, procedures and

                practices used in the implementation of aquatic preserve management plans and

                policies. This process includes identifying problems within the Department of

                Natural Resources  as well as other agencies, that affect the management of

                the preserve.

                E. Data (Information) Needs

                The field personnel and central office staff will note data needs and promote

                research or other means to fulfill them. Data needs in the near future could

                possi.bly be supplied by such ongoing projects as the U.S. Geological Survey's,

                and Northwest Florida Water Management District studies, Department of

                Environmental Regulation water quality monitoring or by the research of other

                                                       90

                agencies. The field personnel will be aware of data needs as they interact

                with the various levels of government and with other entities. These data

                needs might include additional mapping, ownership information, water quality

                data or any other data. The major suppliers of data will probably be other

                public agencies that are conducting programs in and around the preserve.

                Other potential sources of data are the colleges and universities that have,

                in the past, conducted research projects in the area.

                F. Resource Protection and Enforcement Capabilities

                As the problems associated with increasing population create changes in the

                Wekiva Area, additional research will be necessary to determine the impact of

                those changes, and to aid in preparing planning and management strategies to

                limit detrimentaleffects on the river ecosystem.

                An important factor in the evaluation process is the availability of data

                pertinent to the situation. Water quality and water quantity data have been

                collected at various stations in the Wekiva River system for many years by at

                least five agencies. This data is available through the EPA retrieval system

                "STORET." Additional information on the Wekiva River is available in the form

                of various water quality reports, agency files, and other environmental

                reports.

                To date, no one agency has a complete file on the available information

                concerning the Wekiva River System. A comprehensive compilation of available

                information on the Wekiva River system and the accessibili ty of the body of

                information is fundamental to the adequate assessment of future developments

                                                       91

                and trends. A complete inventory of the Wekiva River System would aid in

                determining the ecological tolerance of the ecosystem and also render a more

                accurate profile of the cumulative effects of various factors on the system.

                This type of research is particularly identified in the departments Agency

                Functional Plan as a priority, for without reliable data the concept of

                cumulative impact analysis is more a theoretical construct than a useful

                decision making tool.

                Another area of importance that requires additional research is related to

                disturbances to eel grass communities. As boat traffic and canoe activities

                increase, disturbances to eel grass beds and erosion will alsoincrease.

                Baseline data, including mapping of eel grass communities, and eroded and

                problem areas on USGS Quads, is essential for the development of management

                strategies to offset further damage,

                Several interrelated issues concerning intensified land use within the Wekiva

                Basin require additional research: water supply, wastewater treatment,

                effluent disposal, and stormwater drainage. Major planning issues related to

                water resources and infrastructure support presently confront northwestern

                Seminole County. Without adequate research, planning, and management, the

                cumulative effects to the Wekiva Basin can be highly detrimental.

                G.   Funding and Staffing Needs

                In the past, the aquatic preserve program has been largely dependent on

                federal coastal zone management grant funds for its operation, and as a

                result, the funding of both field positions and central office positions has

                                                       92

                been limited. The 1986 Florida Legislature has changed this situation by

                authorizing 11 positions, most of which will be field positions. A field

                position for an aquatic biologist has been designated for the Wekiva River

                Aquatic.Preserve, and should be active by December 1986.

                A budget covering projected staff time, equipment, travel, and other expenses

                is shown below. The budget required is to fulfill the short range needs of

                the Wekiva River as described in this management plan, and also to insure the

                fulfillment of the midrange Department goal of on-site management for all

                aquatic preserves by 1991, as expressed in the Agency Functional      Plan.

                                             1986-87 Fiscal Year Budget
                                                        for the
                                      Wekiva River Aquatic Preserve Management

                           Salary (Environmental Specialist II) and
                                Overhead                                         $ 27,290
                                 (OPS Employment)                                    8,320

                           Operating Capital Outlay                                 14,000

                           Expenses                                                  i'500

                                           TOTAL                                 $ 5 1,110

                Staff will annually develop an implementation status report that will contain
                a summary of identified management needs and suggested measures to be taken in
                meeting these needs.

                                                          93

                                                     REFERENCES CITED

                 Canfield, D.E.; Hoyer, M.V. The nutrient assimilation capacity of the Little
                      Wekiva River -- annual progress report, Oct. 1984 - Sept. 1985.
                      Department of Fisheries and Aquaculture. Center for Aquatic Weeds.
                      Univ. of Florida Gainesville,

                 Clabaugh, T.; Dwyer, J.; Griffrey, J.; Hastings, P.; Richards, S.; Van
                      Derworp, T.; The report of available information for development review.
                      Wekiva River Basin Study Committee. 1-28; 1985.

                 Courtney, C.M. Native land use determinations on the Deltonas Corporation's
                      Wekiva River Property in Orange and Lake County, Florida; Unpub. 1982
                      report to DNR.

                 Department  of Commerce, Division of Economic Development, Bureau of Economic
                      Analysis. Florida County Comparisons; 1985.

                 Department of Environmental Regulation.. Extending the boundaries of the
                      Outstanding Florida Water Designation within the Wekiva River System.
                      Report to the Environmental Regulation Commission; March 1983.

                 Department of Environmental Regulation. Little Wekiva Intensive Study.
                      October 1981. (Seminole County) Wat. Qual. Tech. Ser. 1(60): 1-

                 Department of Natural Resources, Division of Park and Recreation. Rock
                      Springs Run State Reserve Management Plan; 1986.

                 East Central Florida Regional Planning Council. Urban Stormwater Little
                      Wekiva River sub-basin. 208: Area wide water quality management plan.
                      1980.

                 East Central Florida Regional Planning Council. (Baseline 1985). A review of
                      selected Lake County water related resources with recommendations for
                      preservation and protection. Appendix A: Evaluative information on
                      water related environmentally sensitive areas in Lake County; 1984.

                 East Central Florida Regional Planning Council. (Baseline 85). Perspective
                      on Regional. Growth, 1985-1989; 1985.

                 Hynes, H.B. The ecology of running waters. Toronto: Univ. of Toronto Press;
                      1970.

                 Milanich ' J.T.; Fairbanks C.H. Florida Archaeology. New York: Academic
                      Press; 1980.

                 Orange County Pollution Control Department. Wekiva Basin Report. 1977.

                 Rosenau, J.C., et al.,                           , Springs of Florida. U.S.
                      Geol. Surv. Bull. 31:                       1977.

                                                              94 -

               Shofner, J.H. History of Apopka and Northwest Orange County.
                    Rose Printing Co.; 1982.

               Stewart, M.C. Report to the Orange County Planning Department on the
                    archaeological significance of the Rock Springs-Wekiva proposed purchase
                    under the C.A.R.L. program. 1982.

               Technical Committee of the Friends of the Wekiva River, Inc. The Wekiva River
                    Basin: A Resource Endangered;

               U.S. Army Corps of Engineers, Jacksonville. Floodplain Information Wekiva
                    River Seminole, Orange and Lake Counties, Florida; 1974.

               U.S. Geological Survey and Florida Bureau of Geology. Distinctive Karst
                    features in Orange County (town brochure); 1980.

               White, W.A. Geomorphology of the Florida peninsula. Florida Geol. Surv.
                    Bull. 51:107-108; 1970.

                                                        95

                                              CONTENTS OF APPENDICES

                 A.  Florida Aquatic Preserve Act of 1975 ( � 258.35-258.46,F.S.)
                 B.  Administrative Rules for Florida's Aquatic Preserve ( 5 18-20, F.A.C.)
                 C.  Administrative Rules for Florida Sovereignty Submerged Lands Management

                 D.  Legal Description of Wekina River Aquatic Preserve

                                           Ch. 258                                         STATE PARKS AND PRESERVES                                                   F.S. 1985

                                           use of such areas.                                                       258.331 Penalty for violation of ss. 258.17-258.32.
                                              History-s 12. Ch. 70-355 s. 1. ch. 70-439; s 8, ch. 77-126: s 1, Ch. 82-46: s. 2, -Any violation by any person. natural or corporate, of
                                           ch B3-265.
                                              'Note. -Repealed effective October 1, 1989, by s 1, ch 82-46, as amended by the provisions of this act o, any rule or regulation issued
                                                    -265. and Scheduled lof ievew pursuant to S. 11 611 in advance of that
                                           s@ 2. ch 93                                                              hereunder shall be punishable by a fine not to exceed
                                           dale.
                                                                                                                    $500 per violation.
                                                                                                                    History-s. 12. ch. 77-126.
                                              258.29 Atlas of areas.-The Department Of Natural
                                           Resources shall maintain an atlas of wilderness areas,                   258.332 Construction of ch. 77-126, Laws of Flori-
                                           on maps of suitable scale.                                               da.-Nothing in this act shall be construed so as to pre-
                                              Hislory-s. 13, ch. 70-355. s. 1. ch. 7D439; S. 9, ch, 77-126,
                                                                                                                    vent the lawful management of water resources by any
                                                                                                                    water management district created pursuant to chapter
                                              258.30 Rules and regulations. -The Department of                      373, or so as to divest any lawful rights acquired prior
                                           Natural Resources shall adopt rules and regulations pre-
                                                                                                                    to the effective date of this act.
                                           scribing a uniform set of general management criteria                    HistOry-s. 13, ch, 77-126
                                           covering all wilderness areas.
                                              (1) No alteration of physical conditions within a wil-                                         PART III
                                           derness area shall be permitted except to provide:
                                              (a) Minimal use facilities, such as hiking trails, pit loi-                           AOUATIC PRESERVES
                                           lets, manually operated water pumps, and primitive
                                                                                                                    258.35    Short    title;   ss. 256.35-258.394 and
                                           camp sites; and
                                                                                                                                258.40-258.46.
                                              (b) Minimum management facilities, which may                 in-
                                           clude boundary fences and unimproved vehicle trails for                  258.36    Legislative intent.
                                           control purposes and emergency access.                                   258.37    Definitions.
                                                                                                @d activities       258.38    Types of aquatic preserves.
                                              (2) The following are specifically prohibite                          258-39    Boundaries of preserves.
                                           or uses:
                                                                                                                    258.391   Cockroach Bay Aquatic Preserve,
                                              (a)     Dredging and dredge spoil dumping;
                                                                                                                    258-392   Gasparilla Sound-Charlotte Harbor Aquatic
                                              (b)     Artificial drainage or impoundments,
                                              (c)     Farming;                                                                  Preserve.
                                                                                                                    258.393   Terra Ceia Aquatic Preserve wastewater or
                                              (d)     Clearing   ofland;
                                              (e)     Dumping of wastes;                                                        effluent discharge activities.
                                                                                                                    258.394   Guana River Marsh Aquatic Preserve.
                                              (f)     Mining:
                                                                                                                    258.395   Big Bend Seagrasses Aquatic Preserve.
                                              (g)     Pesticide spraying, except        emergency mea-
                                                                                                                    258.396   Boca Ciega Bay Aquatic Preserve.
                                           sures required to protect public health and spraying for                 258.397   Biscayne Bay Aquatic Preserve.
                                           forestry disease control;                                                258.40    Scope Of preserves.
                                              (h)     The use of motorized vehicles on land or water
                                                                                                                    258.41    Establishment of aquatic preserves.
                                           except for emergencies or valid management purposes
                                           and                                                                      258.42    Maintenance of preserves.
                                                                                                                    258.43    Rules and regulations.
                                              (i)     Removal of timber, except to restore original
                                                                                                                    258-44    Effect of preserves.
                                           plant communities.
                                                                                                                    258.45    Provisions not superseded.
                                              (3) All human activity within each wilderness area                    58-46     Enforcement; violations; penalty.
                                                                                                                    2
                                           shall be subject to special rules and regulations for im-
                                           plementing the intent and purpose of ss. 258.17-258.32                   258.35    Short title; ss. 258.35-258.394 and 258.40-
                                           for the particular area involved.                                        258.46.- Sections 258.35-258.394 and 258.40-258.46
                                              (4) Other uses of a wilderness area, or human activi-                 shall be known and may be cited as the "Florida Aquatic
                                           ty within the area, although not originally contemplated,                Preserve Act of 1975."
                                           may be permitted by the department, but only after a                     History-s. 1, ch. 75-172.
                                           formal finding of compatibility made by the department,
                                           and subject to regulation.                                               258.36 Legislative intent.-It is the intent of the
                                              Hislary-s. 14, ch. 70-355: s@ 1. Ch. 70-439: s 10. ch. 77-126: s. 115, ch. 79-4W, Legislature that the state-owned submerged lands in ar-
                                                                                                                    eas which have exceptional biological, aesthetic, and
                                              258.31 Signs and markers. -Wilderness areas shall                     scientific value, as hereinafter described, be set aside
                                           be identified by appropriate signs and boundary mark-                    forever as aquatic preserves or sanctuaries for the bene-
                                           ers.                                                                     fit of future generations.
                                              History-s. 15, ch. 7D-355.                                            History-s. 1, ch. 75-172.

                                              258.32 Withdrawal of lands from system.-Except                        258.37 Definitions.-As used in ss. 256.35 through
                                           pursuant to s. 256.23(2)(b), no part of any wilderness                   258.46:
                                                 -may -be withdrawn from the state wilderness sys-                  (1) 'Aquatic preserve" means an exceptional area of
                                           area
                                           tem except by resolution of the Dep-rtment of Natural                    submerged lands and its associated waters set aside for
                                           Resources and only after notice of such proposed with-                   being maintained essentially in its natural or existing
                                           drawal is published in each county in which the area at-                 condition.
                                                                                                                          "Biological type" means an area set aside to pro-
                                           fected is located, in the manner prescribed by law and                   (2)
                                           after a public meeting is held, it requested.                            mote certain forms of animal or plant lite or their support-
                                              History-s. 16, ch. 70-355; s. 2, Ch. 72-3D9: s. 11, ch. 77-126@       ing habitat.

                                                                                                             1710

                                                                                                                                                           wa

                  F.S. 1985                                 STATE PARKS AND PRESERVES                                             Ch. 258

                     (3) "Aesthetic type" means an area set aside to            line of said creek to its intersection with the southerly
                  maintain certain scenic qualities or amenities.               right-of-way of Hall Road; thence proceed westerly
                    (4) 'Scientific type" means an area set aside to main-      along said right-of-way to the westerly ordinary high wa-
                  tain certain qualities or features which have scientific      ter line of Sykes Creek; thence southerly along said ordi-
                  value or significance.                                        nary Ngh water line to its intersection with the ordinary
                    (5) "Board" means the Board of Trustees of the Inter-       high water Iin-e of Newfound Harbor; thence proceed

                                  Ch. 258                                     STATE PARKS AND PRESERVES                                               F.S. 1985

                                  an rights and is consistent with the preservation of the          337, pages 2159-2162, and in the Official Records of St.
                                       ptional biological, aesthetic, or scientific values          Lucie County in Book 201, pages 1676-1679.
                                  exce
                                  which the aquatic preserve was created to protect.                  (13) Yellow River Marsh Aquatic Preserve, as de-
                                     (8) Indian River-Vero Beach to Fort Pierce Aquatic             scribed in the Official Records of Santa Rosa County in
                                                                                            than    Book 206, pages 568-571.
                                  Preserve, as described in the Official Records of In
                                  River County in Book 366, pages 9-12, and in the Official           (14) Fort Pickens State Park Aquatic Preserve, as
                                  Records of St. Lucie County in Book 187, pages 1083-              described in the Official Records of Santa Rosa County
                                  1086.                                                             in Book 220, paces 60-63, and in the Official Records of
                                          Jensen Beach to Jupiter Inlet Aquatic Preserve,           Escambia Cour@ty in Book 518, pages 659-662.
                                     (9)
                                  as described in the Official Records of St. Lucie County            (15) Rocky Bayou State Park Aquatic Preserve, as
                                  in Book 218, pages 2865-2869.                                     described in the Official Records of Okaloosa County in
                                     (10) Loxahatchee River-Lake Worth Creek Aquatic                Book 593, pages 742-74S.
                                  Preserve, as described in the Official Records of Martin            (16) St. Andrews State Park Aquatic Preserve, as
                                  County in Book 320, pages 193-196, and in the Official            described in the Official Records of Bay County in Book
          1'7                     Records of Palm Beach County in Volume 1860, pages                379, pages 547-550.
                  A.              806-809, and the sovereignty submerged lands lying                  (17) St. Joseph. Bay Aquatic Preserve, as described
                                  within the following described boundaries: Begin at the           in the Official Records of Gulf County in Book 46, pages
                                  intersection of the easterly mean high water line of the          73-76.
                                  North Fork of the Loxahatchee River wit., the northerly             (18) Apalachicola Bay Aquatic Preserve, as de-
                                  mean high water line of the Loxahatchee River, being in           scribed in the Official Records of Gulf County in Book 46,
                                  Section 36, Township 40 South, Range 43 East, Palm                pages 77-81, and in the Official Records of Franklin
                                  Beach County: Thence proceed easterly along the                   County in Volume 98, pages 102-106.
                                  northerly mean high water line of the Loxahatchee River             (19) Alligator Harbor Aquatic Preserve, as described
                                  to the westerly right-of-way of U.S. Highway 1; thence            in the Official Records of Franklin County in Volume 98,
          Ir                      proceed southerly along said right-of-way to the souther-         pages 82-85.
          P.      .411            ly mean high water line of said river; thence proceed               (20) St. Martins Marsh Aquatic Preserve, as de-
                    1,11          easterly along the southerly mean high water line of said         scribed in the Official Records of Citrus County in Book
                                  river to its intersection with the easterly mean high water       276, pages 2138-241.
                                  line of the Lake Worth Creek; thence proceed n&thwest-              (21) Matlacha Pass Aquatic Preserve, as described
                                  erly crossing the Loxahatchee River to the point of be-           in the Official Records of Lee County in Book 8DO, paces
                                  ginning: And also: Commence at the southwest corner               725-728.
                                  of Section 16, Township 40 South, Range 42 East Martin              (22) Pine Island Sound Aquatic Preserve, as de-
                                  County; thence proceed north along the west line of               scribed in the Official Records of Lee County in Book
                                  Section 16 to the mean high water line of the Loxahat-            648, pages 732-736.
                                  chee River being the point of beginning: Thence pro-                (23) Cape Romano-Ten Thousand Islands Aquatic
                                  ceed southerly along the easterly mean high water line            Preserve, as described in the Official Records of Colfier
                                  of said river and its tributaries to a point of nonnavigabili-    County in Book 381, pages 298-301.
                                  ty; thence proceed westerly to the westerly mean high               (24) Lignumvitae Key Aquatic Preserve, as de-
                                  water line of said river; thence proceed northerly along          scribed in the Official Records of Monroe County in Book
                                  the westerly mean high water line of said river and its           502, pages 139-142.
                   1@Ia'l         tributaries to its intersection with the westerly line of           (25) Coupon Bight Aquatic Preserve,          as described
                                  Section 16, Township 40 South, Range 42 East; thence              in the Official Records of Monroe County in Book 502,
                                  proceed southerly along the said westerly section line            pages 143-146.
                                  to the point of beginning: And also begin where the                 (26) Lake Jackson Aquatic Preserve, as established
                                  southerly mean high water line of the Southwest Fork of           by chapter 73-534, Laws of Florida. and defined as au-
                                  the Loxahatchee River intersects the westerly line of             thorized by Is. 253.151 or as otherwise authorized by
                   T@             Section 35, Township 40 South, Range 42 East: Thence              law.
                                  proceed southwesterly along the southerly mean high                 (27) Pinellas County Aquatic Preserve, as estab-
                                  water line of the Southwest Fork to the northeasterly             lished by chapter 72-663, Laws of Florida; Boca Ciega
                                  face of structure #46: thence proceed northwesterly               Aquatic Preserve, as established by s. 258.16; and the
                                  along the face of said structure to the northerly mean            Biscayne Bay Aquatic Preserve, as established by S.
                                  high water line of the Southwest Fork; thence proceed             258.165. it any provision of this act is in conflict with an
                                  northeasterly along said mean high water line to its inter-       aquatic preserve established by s. 258.396, chapter 72-
                                  section with the westerly line of Section 35, Township 40         663, Laws of Florida, or s. 258.397, the stronger provi-
                                  South, Range 42 East; thence proceed southerly along              sion for the maintenance of the aquatic preserve shall
                                  westerly line of said section to the point of beginning.          przvail-
                                     (11) Biscayne Bay-Cape Florida to Monroe County                  (28) Estero Bay Aquatic Preserve, the boundaries of
                                  Line Aquatic Preserve, as described in the Official Rec-          which are generally: All of those sovereignty submeroed
                                  ords of Dade County in Book 7055, pages 852-856, less,            lands located bayward of the mean high-water line being
                                  however, those lands and waters as described in s.                in Sections 13, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25, 26,
                                  258.165.                                                          27. 35, and 36, Township 46 South, Range 24 East: and
                                     (12) North Fork, St. Lucie Aquatic Preserve, as de-            in Sections 19, 20, 28, 29, and 34, Township 46 South,
                                  scribed in the Official Records of Martin County in Book          Range 24 East, lying north and east of Matanzas Pass
          2.
                                                                                                1712,

                      F.S. 1985                                  STATE PARKS AND PRESERVES                                               Ch. 258

                      Channel@ and   in Sections 19, 30, and 31, Township 46          dividing Charlotte and Lee Counties, thence southwest-
                      South, Range   25 East@ and in Sections 6, 7, 17, 18, 19,       erly along a straight line to the most southerly point of
                      20, 29, 30. 31, and 32, Township 47 South, Range 25             Devil Fish Key, thence continue along said line to the
                      East@ and in Sections 1, 2, 3, 11, 12, 13. 14, 24@ and 25,      easterly righ@-of-way of the Intracoastal Waterway and
                      Township 47 South, Range 24 East, in Lee County, Flori-         the end of the southerly limits. Westerly limits: Begin at
                      da. Any and all submerged lands conveyed by the Trust-          the point, of ending of the southerly limits as described
                      ees of the Internal Improvement Trust Fund prior to Oc-         above, thence northerly along the easterly right-of-way
                      lober 12, 1966. and any and all uplands now in private          line of the Intracoastal Waterway to its intersection with
                      ownership are specifically exempted from this preserve.         a southerly extension of the west line of Section 16,
                        (29) Cape Haze Aquatic Preserve, the boundaries of            Township 42 South, Range 21 East, thence north along
                      which are generally: That part of Gasparilla Sound, Cat-        said line to point of beginning.
               A
                      fish Creek, Whiddon Creek, 'The Cutoff," Turtle Bay, and          (30) Wekiva River Aquatic Preserve, the boundaries
                      Charlotte Harbor lying within the following described lim-      of which are generally: All the state-owned sovereignty
                      its: Northerly limits: Commence at the northwest corner         lands lying waterward of the ordinary high-water mark
                      of Section 18, Township 42 South, Range 21 East,                of the Wekiva River and the Little Wekiva Aiver and their
                      thence south along the west line of said Section 18 to          tributaries lying and being in Lake, Seminole, and Or-
                      its intersection with the Government Meander Line of            ange counties and more particularly described as iol-
                      1843-1844, and the point of beginning, thence south-            lows:
                      easterly along said meander line to the northwesterly             (a) In Sections 15, 16, 17, 20, 21, 22, 27, 28, 29, and
                      shoreline of Catfish Creek, thence northeasterly along          30, Township 20 South, Range 29 East. These sections
                      said shoreline to the north line of said Section 18, thence     are also depicted on the Forest City Quadrangle
               i      east along said north line to the easterly shoreline of Cat-    (U.S.G3. 7.5 minute series -topographic) 1959 (70PR);
                      fish Creek, thence southeasterly along said shoreline to        and
                      the east line of said Section 18, thence south along said         (b) In Sections 3, 4,8, 9, and 10, Township 20 South,
                      east line, crossing an arm of said Catfish Creek to the         Range 29 East and in Sections 21, 28, and 33, Township
                                shoreline of said creek, thence westerly along        19 South, Range 29 East lying north of the right-of-way
                      southerly
                      said southerly shoreline and southerly along the easterly       for the Atlantic Coast Line Railroad arid that part of Sec-
                      shoreline of Catfish Creek to said Government Meander           tion 33, Township 19 South, Range 29 East lying be-
                      Line, thence easterly and southeasterly along said me-          tween the Lake and Orange County lines and the right-
                      ander line to the northerly shoreline of Gasparilla. Sound      of-way of the Atlantic Coast Line Railroad. These sec-
                      in Section 21, Township 42 South, Range 21 East,                lions are also depicted on the Sanford SW Quadrangle
                      thence easterly along said northerly shoreline and north-       (U.S.G.S. 7.5 minute series -topographic) 1965 (70-1);
                      easterly a!ong the westerly shoreline of Whiddon Creek          and
                      to the east west quarter line in Section 16, Township 42          (c) All state-owned sovereignty lands, public lands,
                      South, Range 21 East, thence east along said quarter            and lands whether public or private below the ordinary
                      line and the quarter Section line of Section 15, Township       high-water mark of the Wekiva River and the Little
                      42 South, Range 21 East to the easterly shoreline of            Wekiva and their tributaries within the Peter Miranda
                      Whiddon Creek, thence southerly along said shoreline            Grant in Lake County lying below the 10 toot m.s.l. con-
                      to the northerly shoreline of 'The Cutoff," thence easterly     tour line nearest the meander line of the Wekiva River
                      along said shoreline to the westerly shoreline of Turtle        and all state-owned sovereignty lands, public lands, and
                      Bay, thence northeasterly along said shoreline to its in-       lands whether public or private below the ordinary high-
                      tersection with said Government Meander Line in Sec-            water mark of the Wekiva River and the Little Wekiva
                      tion 23, Township 42 South, Range 21 East, thence               and their tributaries within the Moses E, Levy Grant in
                      northeasterly along said meander line to the east line of       Lake County below the 10 foot m.s.l. contour line near-
                      Section 12, Township 42 South, Range 21 East, thence            est the meander lines of the Wekiva River and Black Wa-
                      north along the east line of said Section 12, and the east      ter Creek as depicted on the PINE LAKES 1962 (70-1)@
                      line of Section 1, Township 42 South, Range 21 East to          ORANGE CITY 1964 (70PR), SANFORD 1965 (70-1), and
                      the northwest corner of Section 6, Township 42 South,           SANFORD S.W. 1965 (70-1) QUADRANGLES (U.S.G.S.
                      Range 22 East, thence east along the north line and ex-         7.5 minute topographic)@ and
                      tension thereof of said Section 6 to a point 2,640 feet           (d) All state-owned sovereignty lands, public lands,
                      east of the westerly shoreline of Charlotte Harbor and          and lands whether public or private below the ordinary
                      the end of the northerly limits. Easterly limits: Com-          high-water mark of the Wekiva River and the Little
                                                                                      Wekiva River and their tributaries lying below the 10 toot
                      mence at the northwest corner of Section 6, Township
                      42 South, Range 22 East, thence east along the north            m.s.l. contour line nearest the meander line of the
                      line of said Section 6 and extension thereof to a print         Wekiva and St. John's Rivers as shown on the ORANGE
                      2,640 feet east of the westerly shoreline of Charlotte          CITY 1964 (70PR), SANFORD 1965 (70-1), and.SAN-
               ;r.    Harbor and the point of beginning, thence southerly             FORD S.W. 1-965 (70-1) QUADRANGLES (U.S.G.S. 7.5
                      -along -a line 2;640 feet easterly of and parallel with the     minute topographic) within the following described
                      westerly shoreline of Charlotte Harbor and along a              property: Beginning at a point on the south boundary of
                      southerly extension of said line to the line dividing Char-     the Moses E. Levy Grant, Township 19 South, Range 29
                      lotte and Lee Counties and the end of the easterly limits.      East, at its intersection with the meander line of the
                A,    Southerly limits: Begin at the point of ending of the east-     Wekiva River: thence south 601/2 degrees east along
                      erly limits, above described, said point being in the line      said boundary line 4,915.68 feet; thence north 291/2 de-
                1                                                                 1713

                                                                                         mi as      &

                                                                                STATE PARKS AND PRESERVES                                                F.S. 1985

                                                                             ander line of the St.      17 to the northwest corner of said Section 17- thence
                                                                             the meander line of        proceed westerly along the northerly line of Section 18
                                                                             of the Wekiva River;       to the southeast corner of Section 12, Township 52
                                                                             r line of the Wekiva       South, Range 26 East, thence proceed northerly along
                                                                                                        the easterly lines of Sections 12, 1, 36 and 25 to the
                                                                             lands, public'lands,       northeast corner of said Section 25, Township 51 South,
                                                                             below the ordinary         Range 26 East: thence proceed westerly along the
                                                                             iver and the Little        northerly lines of Sections 25 and 26 to the northwest
                                                                             ithin the Peter Miran-     corner of said Section 26; thence proceed northerly to
                                                                             iver, less the follow-     northeast corner of said Section 22; thence proceed
                                                                                                        westerly along the northerly lines of Sections 22 and 21
                                                                             lying south of said        to the northwest corner of said Section 21; thence pro-
                                                                                                        ceed southerly to the southwest corner of said Section
                                           Me        a                       st of the Southeast        21; thence proceed westerly along the northerly line of
                                                                             ection 21, Township        Section 29 to the northwest corner thereof; thence pro-
                                                                             00 feet; thence north      ceed southerly along the westerly lines of Sections 29
                                                                             the Wekiva River@          and 32 to the southwest corner of said Section 32;
                                                                             ekiva River to point       thence proceed westerly to the northwest corner of Sec-
                                                                                                        tion 6, Township 52 South, Range 26 East; thence pro-
                                                                             e SW 114 of Section        ceed southerly along a projection of Range line 25 East
                                                                             ast, lying within the      to its intersection with a line which runs westerly from
                                                                             kive River.                the southwest corner of Cape Romano - Ten Thousand
                                                                             d lands lying within       Islands Aquatic Preserve; thence proceed easterly to
                                                                             Begin at the inter-        the southwest corner of Cape Romano - Teri Thousand
                                                                             esteriy ordinary high      islands Aquatic Preserve; thence proceed northerly to
                                                                             ection 22, Township        the point of beginning. Less and except: Begin at the
                                                         1: ME               t :Thence proceed          southeast corner of Section 21, Township 52 South,
                                                                04 e         n y
                                                                             ry high water line of      Range 25 East; thence proceed northerly along the east-
                                          Ills- IN 1 111111-14               intemection of the         erly lines of Sections 21 and 16 to the northeast corner
                                                      -way of State      fed 400; thence pro-           of said Section 166. thence proceed northerly to the
                                    northerly right-of
                                                                       o),W-of-way to the easter-
                                    ceed northeasterly along said 0-                                    thread of John Stevens r-reek; thence proceed north-
                                    ly ordinary high water line of the 4-9. Johns River; thence         westerly along the thread of said creek to its intersecti
                                                                                                                                                                 on
                                    proceed northerly along said ejdotMiry high water line of           with the thread of Marco River; thence proceed north-
                                    the St. Johns River and its OMMes to its intersection               westerly and westerly along the thread of said river to
                                    with the easterly ordinary high          line of Lake Beres-        its intersection with the thread of Big Marco Pass-
                                    ford: thence proceed northerly -irelng the ordinary high            thence proceed southwesterly along the thread of Big
                                    water line of said lake to its isiMW- ction with the wester-        M    Pass to its intersection with Range line 25 East;
                                                                                                        arco
                                    iy line of Section 24, Township 17 .1outh, Range 29 East;           thence proceed southerly along Range line 25 East to
                                    thence proceed northerly to the _wiiitherly right-of-way of
                                                                                                        a point which is west from the point of beginning:
                                    West New York Avenue; thence 2Wceed westerly along                  Thence proceed easterly to the point of beginnin
                                    the southerly right-of-way of said -ivenue to its intersec-                                                              9-
                                    tion with the southerly righl-of-way ine of State Road 44;          Any and all submerged lands theretofore conveyed         by
                                    thence proceed southwesterly ;i Moig said right-of-way to           the Trustees of the Internal Improvement Trust Fund and
                                    the point of beginning.                                             any and all uplands now in private ownership are specifi-
                                      (31) Rookery Bay Aquatic VMerve, the boundaries                   cally exempted from this dedication.
                                    of which are generally@ All of the tPle-owned sovereign-            hiatory-s. 1, ch. 75-17Z s. i, ch. 7&iOg@ s. 1, ch. 76-211@ s. 84, ch. 77-104@ s.
                                                                                                        1. Ch. 63-62: s. 2, ch. 84-31Z s. 1, ch. 65-345.
                                    ty lands lying waterward of the mz@an high-water line in            'Note.-See lormer s 253,151, F.S. '81.
                                    Rookery Bay and in Henderson Gfflak and the tributaries
                                    thereto in Collier County, Florida. Said lands are more             258.391 Cockroach Bay Aquatic             Preserve.-The
                                    particularly described as lying and being in Sections 27,           designation by the Board of Trustees of the Internal Im-
                                    34, 35, and 36, Township 50 Q Mah, Range 25 East@ in                provement Trust Fund on May 16, 1976, of the following
                                    Section 31, Township 50 South, -Rnge 26 East; in Sec-               described area in Hillsborough County for inclusion in
                    JI              tions 1, 2, 3, 10, 11, 12, 13, 14, 23, 24, and 25, Township         the aquatic preserve system under the Florida Aquatic               t
                                    51 South, Range 25 East; and in 4ections 5, 6, 7, 8, 9,             Preserve Act of 1975 is hereby confirmed. Such area, to
                                    10, 15, 16, 17, 1.8, 19, 20, 30, and 11, Township 51 South,         be known as the Cockroach Bay Aquatic Preserve, s
                                                                                                                                                                 hall
         7                          Range 26 East, Collier County, JrMda, and all the sover-            be included in the aquatic preserve system for the peri-
                                    eignty submerged lands lying viiii-iin the following de-            od of a 40-year lease of such,area-by the-board from the
                                    scribed boundaries: Begin at the southwest corner of                Tampa Port Authority and shall include the following de-
                                    Section 30, Township 52 South, knge 27 East, Collier                scribed real property: Begin at the northeast corner of
                                    County: Thence proceed zr-mMIL] Plong the southerly                 Section 1, Township 33 South, Range 17 East, Manatee
                                    line of said Section 30 to the *in MM (-st corner of Section        County, thence west along the north line of said Section
                                    29, Township 52 South, Range 27 @aSl; proceed thence                I to its intersection wilt) the mean high-water line of
                                    northerly along the westerly lines of Sections 29, 20 and           Tampa Bay, said point being the point of beginning:

                                                                                                  1714

                                                                                              F     4

                                                                                                    7

                                                                STATE PARKS AND PRESERVES                                              Ch. 258

                     from said point of beginning continue west 500 feet into       shoreline of Charlotte Harbor and along a southerly ex-
                     the waters of Tampa Bay, thence northeasterly along a          tension of said line to the line dividing Chariotte and Lee
                     line 500 feet westerly of the mean high-water line of Tam-     Counties, thence southwesterly along a straight line to
                     pa Bay, said line also being 500 feet westerly of the          the most southerly point of Devil Fish Key: thence along
                     mean high-water line on Beacon Key, Snake Key, Camp            said line to the easterly right-of-way of the Intracoastal
                     Key, Big Pass Key, Little Cockroach island, and Sand           Waterway-, thence northerly along the easterly righl-of-
                     Key, to a point due west from Bird Key, thence east to         way of the Intracoastal Waterway to its intersection with
                     the most southwesterly point of Bird Key, thence easter.       a southerly extension of the west line of Section 18,
                     ly along a channel along the northerly side of Tropical is.    Township 42 South, Range 21 East; thence north along
                     land and of Goal Island to the most easterly point of said     said line to the point of beginning. Said boundary ex-
                     Goat Island, thence south to the intersection of the           tends across the mouths of all artificial waterways, but
                     mean high-water line of the southerly shore of the Little      includes all tidally connected natural waterways.
                     Manatee River, thence in a northwesterly, westerly, and         History-s, 1, Ch@ 79-115,
                     southwesterly direction along the mean high-water line           258.393 Terra Ceis Aquatic Preserve wastewater
                     of Tampa Bay and Cockroach Bay to the point of begin-          or effluent discharge activities.-
                     ning. Less any islands, submerged lands, or uplands not          (1) The following described area in Manatee County
                     owned by the Tampa Port Authority.
                                                                                    is hereby designated by the Legislature for inclusion in
                                                                                    the aquatic preserve system under the Florida Aquatic
                        258.392 Gasparilia Sound-Charlotte Harbor Aquat-            Preserve Act of 1975. Such area, to be known as the Ter-
                     ic Preserve.-The following described area in Lee and           ra Ceia Aquatic Preserve, shall be included in the aquat-
                     Charlotte Counties is designated by the Legislature for        ic preserve system and shall include the following de-
                     inclusion in the aquatic preserve system under the Flori.      scribed real property: Begin at a point 165 feet north of
                     da Aquatic Preserve Act of 1975. Such area, to be              the southwest corner of the northwest quarter of Section
                     known as the Gasparilla Sound-Charlotte Harbor Aquat-          12, Township 33 South, Range 17 East, Manatee Coun-
                        Preserve, shall be included in the aquatic preserve         ty, thence run west to the mean high-water line of Tam-
                     SIC,                                                           pa Bay, said point being the point of beginning. From
                      ystem and shall include the following described real
                     property: Commence at the northwest corner of Section          said point of beginning, run northwesterly into the we-
                     16 , Township 42 South, Range 21 East; thence northerly        ters of Tampa Bay and parallel to the Port Manatee ship
                     alo ng the line of mean high water to the intersection of      channel to the Manatee-Hillsborough county line; thence
                     .5tate Road 776 with said mean high-water line; thence         run southwest along the Manatee-Hillsborough county
                                                                        brsection   line to its intersection with the Intracoastal Waterway;
                     south-southwesterly along said road to the inte
                     of said road with the mean high-water line of Gasparilla       thence run south-sout h west erl y along the Intracoastal
                     Island; thence southerly along said mean high-water line       Waterway to a point on a line connecting the western-
                     to the most southerly point of Gasparilla Island; thence       most tip of Snead Island (Manatee County) to the south-
                     southeasterly to the northernmost point at the mean            ernmost tip of Mullet Key (Pinellas County); thence run
                     high-water line on Lacoste Island; thence southeasterly        southeasterly along said Aine to the westernmost tip of
                     ,along said mean high-water line to the northwest corner       S.nead Island (also known as Emerson Point): thence run
                     of Section 6, Township 44 South, Range 21 East-, thence        in a northeasterly direction along the mean high-water
                     east to a northerly extension of the east line of Section      line of Tampa Bay, Terra Ceia Bay, where the mean hich
                                                                                       ter line intersects the north_iin-nf-LLQ_f-1@
                     25, Township 44 South, Range 21 East: thence- sotith,-         we

         0o   '0-0     i                       Ch. 258                                      STATE PARKS AND PRESERVES                                                  F.S. 1985

                                               serve Act of 1975. Such area, to be known as the Guana              those local access channels adjacent to Keaton Beach
                                               River Marsh Aquatic Preserve, shall be included in the              and a proposed navigational channel more particularly
                                               aquatic preserve system and shall include a[( the sover-            described as follows@ Begin at State Plane Coordinate
                                               eignty submerged lands and other state-owned lands ly-              X=2,288,032-1 Y=298,365: Thence proceed West 11,608
                                               ing within the following described boundaries: Begin at             feet; thence proceed south 1,440 feet; thence proceed
                                               the intersection of the westerly projection of the south            east 11,608 feet; thence proceed north 1,440 feet to the
         AL                                    line of Section 18, Township 6 South, Range 36 East,                point of beginning@ less and except all those sovereign
                                               with the westerly mean high water line of Tolomato Riv-             submerged lands lying northerly and easterly of U.S.
                                               er: Thence proceed easterly along the south line of Sec-            Highway 19.
                                               tion 18 to the mean high water line of the Atlantic Ocean;            History-s. 3, ch. 85-345.
                                               thence proceed east three geographic miles into said
                                                                                                                     258.396 Boca Ciega Bay Aquatic Preserve.-
                                               ocean; thence proceed northerly running parallel with
                                               said mean high water line to a point east of the intersec-            (1) Boca Ciega Bay, in Pinellas County, as hereinaf-
                                               tion of the southerly right-of-way of Micklers Road and             ter described, is designated and established as an
                                                                   -of-way of U.S. AIA; thence proceed             aquatic preserve under the provisions of this section. It
                                               the westerly right
                                               west to said intersection; thence proceed southwesterly             is the intent of the Legislature that Boca Ciega Bay be
                                               along the southerly right-of-way of Micklers Road to its            preserved, insofar as possible, in an essentially natural
                                                                                                                   condition
                                                  irsection with   th                                                         so that its biological and aesthetic values may
                                               inte                  e westerly mean high water line of
                                               the Toiomalo River@ thence proceed southerly along the              endure for the enjoyment of future generations.
                                               westerly mean high water line of said river and its tribu-            (2)(a) For the purposes of this section, Boca Ciega
                                                                                                                   Bay, sometimes referred to in this section as "the pre-
                                               taries to the point of beginning.
                                                History-s. 2. ch. 85-345.                                          serve," shall be comprised of that body of water in Pinel-
                                                                                                                   las County which lies south of the State Road 688 bridge
                                                258.395 Big Bend Seagiisses Aquatic Preserve.-                     at, or near, Indian Rocks,Beach and within the area        . en-
                                               The following described area in Wakulla, Jefferson, Tay-
                                                                                                                   closed by a line as follows: Beginning at a point where
                                               lor, Dixie, and Levy Counties is hereby designated by               the east end of said bridge crosses the western shore-
                                               the Legislature for inclusion in the aquatic preserve sys-
                                                                                                                   line.of mainland Pinellas County and extending in a gen-
                                               tem under the Florida Aquatic Preserve Act of 1975.
                                                                                                                   erally southerly direction along the western shoreline of
                                               Such area, to be known as the Big Send Seagrasses                   mainland Pinellas County to the west end of the Semi-
                                               Aquatic Preserve, shall be included in the aquatic pre-
                                               serve system and shall include all the sovereignty sub-             nole Bridge following the bridge easterly to exclude
                                                                                                                   Long Bayou and Cross Bayou, thence in a southerly di-
                                               merged lands lying within the following described
                                                                                                                   rection including the western shoreline of the Sunshine
                                               boundaries: Begin where the northerly mean high water               Skyway Causeway and extending to the southern
                                               @!ne of Withlacoochee River meets the mean high water               boundary of Pinellas County, thence westerly along the
                                               ine of the Gulf of Mexico, Township 17 South, Range 15              Pinellas County line and around Mullet Key along a line
                                               East, Levy County: Thence from the said point of begin-
                                                                                                                   100, yards seaward of the shoreline of Mullet Key and.
                                               ning proceed northwesterly along the mean high.water                northerly along a line passing 100 yards to the west of
                                               line of the coast and its navigable tributaries to the inter-
                                               section of the westerly mean high water line of St. Marks           the shorelines of Summer Resort Key, Cabbage Key and
                                               River with the mean hiah water line of the Gulf of Mexico,          Shell Key to the southernmost point of Long Key, thence
                                                                                                                   in a generally northerly direction along the inner shore-
                                               in Township 4 South, Range 1 East, Wakulla County:
                                                                                                                   line of -Long Key, Treasure Island and Sand Key to a
                                               thence proceed south three marine leagues into the Gulf
                                               of Mexico; thence proceed southeasterly along a line                point where the west end of the State Road 688 bridge
                                               three marine leagues from and parallel to the line of               crosses the inner shoreline of Sand Key, thence easterly
                                                                                                                   along the south side of said bridge to the point of begin-
                                               mean high water previously described to an intersection
                                               with a line projected west from the point of beginning;             ning. The boundary of the preserve designated as the
                                                                                                                   shoreline shall mean the line of mean high water along
                                               thence proceed east to the point of beginning. Less and
                                               except all those sovbreignAy submerged lands within                 such shoreline.
                                               500 feet of any incorporated or unincorporated munici-                (b) The preserve established by this section shall in-
                                               pality within the above described lands. Less and ex-               clude the submerged bottom lands, the water column
                                                                                                                   upon such lands, and the islands owned by the state
                                               cept: Begin at the intersection of the southerly pro)ec
                                               tion of the east line of Range line 4 East with the mean            within the boundaries of the preserve. Any privately held
                                               high water line of the Gulf of Mexico; thence proceed               land or submerged land within the established bulkhead
                                               southwest to a point on the t';ree marine league line;              lines or privately held islands within the preserve shall
                                               thence proceed southeasterly three marine leagues                   be deemed to be excluded therefrom. The Board of
                                               from and parallel to tne mean high water line to a point            Trustees of the Internal Improvement Trust Fund may
                                               which is southwest of the intersection of the southerly             negotiate an arrangement with any such.private owner
                                               -line of -Section 22, Township 6 South, Range 6 East, Tay:          whereby such lands or water bottoms may be included
                                               lor County, with the mean high water line of the Gulf of            within the preserve.
                                               Mexico; thence proceed Northeast to the foresaid point                (3) The Board of Trustees of the Internal Improve-
                                               of inliersecfion@ thence proceed northwesterly along the            ment Trust Fund are hereby directed to maintain Boca
                             ..is              mean high water line of the Gulf of Mexico and its tribu-           Ciega Bay as an aquatic preserve subject to the follow-
                                               taries to the  point of beginning. Less and except all              ing provisions:

                                                                                                               1716

          c
                             AM

                                                                                                                                                    4
                                                                                                                                                                                       X
                                                                                                                            iiiiWWIO@. @..-.77"--

             F.& 1985                                    STATE PARKS AND PRESERVES                                                  Ch. 258

                (a)  No further sale, transfer, or lease of sovereignty          of its jurisdiction, powers, and duties,
                                                                                 History-ss 1 2. 3. 4. 5. 6. ch@ 69 342: ss 27, 35, or, 69-im
             submerged lands within the preserve shall be approved               'Note.-See s 26, Ch 75 22, which fe0ealed s, 253 122. feiatfirig to the power to
             or consummated by the board of trustees except upon                 fix DUlkhead lines, and s. 7(3). Ch 75-22 is 253 1221). which reesiamsheo aij P,evi-
             a showing of extreme hardship on the part of the appli-             ousiy established dulkheacl lines at the line of mean high water or ordinary high wa-
                                                                                 ,e,
             cant or when the overwhelming public interest so de-                Note.-Former s. 258,16.
             mands.
                (b) No further dredging or filling of submerged lands            258.397 Biscayne Bay Aquatic Preserve.-
             within the preserve shall be approved or tolerated by the           (1) DES IG NATION. -Biscayne Bay in Dade and
             board of trustees except:                                           Monroe Counties, as hereinafter described to include
                1. Such minimum dredging and spoiling as may be                  Card Sound, is designated and established as an aquat-
             authorized for public navigation projects;                          ic preserve under the provisions of this section. It is the
                2. Such other alteration of physical conditions as               intent of the Legislature that Biscayne Bay be preserved
             may be necessary to enhance the quality or utility of the           in an essentially natural condition so that its biological
             preserve as determined by the Pinellas County Water                 and aesthetic values may endure for the enjoyment of
             and Navigation Control Authority in a public hearing; and           future generations.
                3. Such dredging as is necessary for the purpose of              (2) BOUNDARIES.-
             eliminating conditions hazardous to the public health or            (a) For the purposes of this section, Biscayne Bay,
             for the purpose of eliminating stagnant waters, unsightly           sometimes referred to in this section as "the preserve,"
             mud flats, islands, and spoil banks the dredging of                 shall be comprised of the body of water in Dade and
             which would enhance the aesthetic quality and utility of            Monroe Counties known as Biscayne Bay whose bound-
             the preserve and is clearly in the public interest as deter-        aries are generally defined as follows:
             mined by the Pinellas County Water and Navigation                   Begin at the southwest intersection of the right-of -way
             Control Authority in a public hearing.                              of State Road 826 and the mean high-water line of Bis-
                                                                                 cayne Bay (Township 52 South, Range 42 East, Dade
             There shall be no dredging beyond the bulkhead line for             County); thence southerly along the westerly mean high-
             the sole purpose of providing fill for upland or sub-               water line of Biscayne Bay to its intersection with the
             merged land within the bulkhead line. In addition there             right-of-way of State Road 905A (Township 59 South,
             shall be no drilling of wells, excavation for shell or miner-       Range 40 East, Monroe County); thence easterly along
             als, and no erection of structures (other than docks)               such right-of-way to the easterly mean high-water line of
             within the preserve, unless such activity is associated             Biscayne Bay; thence northerly along the easterly mean
             with activity authorized by this section.                           high-water line of Biscayne Bay following th _@ westerly
                1(c) The board of trustees shall not approve any sea-            shores of the most easterly islands and Keys with con-
             ward relocation of bulkhead lines or further establish-             necting lines drawn between the closest points of adja-
             ment of bulkhead lines except when a proposed bulk-                 cent islands to the southeasterly intersection of the
             head line is located at the line of mean high water along           right-of-way of State Road 826 and the mean hiah-water
             the shoreline.                                                      line of Biscayne Bay; thence westerly to the point of be-
                (4)(a) The board of trustees shall adopt and enforce             ginning, Said boundary extends'across the mouths of all
             reasonable rules and regulations to carry out the provi-            artificial waterways, but includes all natural waterways
             sions of this section and specifically to provide:                  tidally connected to Biscayne Bay. Excluded from the
                1. Additional preserve management criteria as may                preserve are those submerged lands conveyed to the
             be necessary to accommodate special -ircumstances;                  United States for the establishment of the Biscayne Na-
             and                                                                 tional Monument as defined by Pub. L. No. 907606 of the
                2. Regulation of human activity within the preserve              United States.
             in such a manner as not to inlerfere unreasonably with              (b) The preserve established by this section shall in-
             such lawful and traditional public uses of the preserve             clude the submerged bottom lands and the water col-
             as fishing (both sport and commercial), boating, and                umn upon such lands, as well as all publicly owned is-
             swimming.                                                           lands, within the boundaries of the preserve. Any pri-
                (b) Other uses of the preserve, or human activity                vately held upland within the boundaries of the preserve
             within the preserve, although not originally conlemplal,            shall be deemed to be excluded 1heirelrom, However
             ed, may be permitted by the board of trustees, but only             the Board of Trustees of the Internal Improvement Trust
             subsequent to a formal finding of compatibility with the            Fund may negotiate an arrangement with any such pri-
             purposes of this section.                                           vate upland owner by which such land may be included
                (5) Neither the establishment nor the management                 in the preserve.
             of the Boca Ciega Bay Aquatic Preserve shall operate                (c) The board of trustees may transfer to the United
             to infringe upon the riparian rights of upland property             States any interest in lands, title to which is vested in the
             owners adjacent to or Within the preserve. Reasonable               board of trustees, which are presently within the bound-
             improvement for ingress and egress, mosquito control,               aries of the preserve-lor inclusion in the Biscayne Nation-
             shore protection, bridges, causeways, and similar pur-              al Monument or its successor should the area be desig-
             poses may be permitted by the board of trustees, sub-               nated a national park. Transfers of interest under this
             ject to the provisions of any other applicable laws under           paragraph shall be subject to the following conditions:
             the jurisdiction of other agencies.                                 1., All interests in oil, gas, or other mineral rights held
                (6) Nothing herein shall be construed to deprive the             by the board of trustees shall bre retained and not trans-
             Pinellas County Water and Navigation Control Authority              ferred to the United States.

                                                                           1717

                                                                                                                                                    V,

                                                                                                                                                 'Mom
                                                                                                                                              -slam

                                       Ch,                                         STATE PARKS AND PRESERVES                                              F.S. 1985
                      X
                                           2. All rights to fish on the waters shall be retained        the board of trustees, which approval may be granted
                                       and not transferred to the United States,                        only if riprap construction is used in the seawall.
                                           3. All rights to impose and collect state excise taxes         (e) Notwithstanding other provisions of this section,
                                       on the sales of alcohol or tobacco shall be retained and         the board of trustees may, respecting lands lying within
                                       not transferred to the United States.                            Biscayne Bay:
                                           4. Transfers of interest shall be subject to'outstand-         1. Enter into agreements for and establish lines de-
                                       in, easements, reservations, or other interests appear-          linealing sovereignty and privately owned lands
                       A               ing of record,                                                     2. Enter into agreements for the exchange of, and
                                           (3) AUTHORITY OF TRUSTEES.-The Board of                      exchange, sovereignty lands for privately owned lands.
                                       Trustees of the Internal Improvement Trust Fund is au-             3. Accept gifts of land within or contiguous to the
                                       thorized and directed to maintain the aquatic preserve           preserve.
                                       hereby created pursuant and subject to the following               4. Negotiate for, and enter into agreements with
                                                                                                        owners of lands contiguous to sovereignty lands for, any
                                       provtsions@
                                                                                           vereignty    public and private use of any of such lands.
                                           (a) No further sale, transfer, or lease of so)
                                       submerged lands in the preserve shall be approved or               5. Take any and all actions convenient for, or neces-
                                       consummated by the board of trustees, except upon a              sary to, the accomplishment of any and all of the acts
                                                                                                        and matters authorized by this paragraph.
                                       showing of extreme hardship on the part of the applicant
                                                                                                          (4) RULES.-
                                       and a determination by the board of trustees that such
                                       sale, transfer, or lease is in the public interest.                (a) The board of trustees shall adopt and enforce
                                                                                                        reas
                                                                                                            onable rules and regulations to carry out the provi-
                                           (b) No further dredging or filling of submerged lands
                                                                                                        sions of this section and specifically to provide:
                                       of  the preserve shall be approved or tolerated by the
                                                                                                          1. Additional preserve management criteria as may
                                       board of trustees except:
                                                                                                        be necessary to accommodate special circumstances.-
                                           1. Such minimum dredging and spoiling as may be
                                                                                                          2, Regulation of human activity within the preserve
                                       authorized for public navigation projects or for such
                                           imum dredging and spoiling as may be constituted             in such a manner as not to interfere unreasonably with
                                       min
                                                                                                        lawful and traditional public uses of the preserve, suph
                                       as a public necessity or for preservation of the bay ac-
                                       cording to the expressed intent of this section.                 as.fishi.ng (both sport and commercial), boating, and
                                                                                                        swimming,
                                           2. Such other alteration of physical conditions as
                                                                                                          (b) Other uses      of the preserve, or human activity
                       -A                                                                 lity of the
                                       may be necessary to enhance the quality or uti
                                                                                                        within the preserve,  although not originally contemplat-
                                       preserve.
                                           3. Such minimum dredging and filling as may be au-           ed, may be permitted by the board of trustees, but only
                                                                                                        subsequent to a formal finding of compatibility with the
                                       thorized for the creation and maintenance of marinas,
                                                                                                        purposes of this section.
                                       piers, and docks and their attendant navigation chan-              (c) Fishing,  Iinvolving the use of seines or nets is pro-
                                       nets and access roads. Such projects may only be au-
                                       thorized upon a specific finding by the board of trustees        hibiled in the preserve, except when the fishing is for
                                                                                                        shrimp oi@ mullet and such fishing is otherwise permitted
                                       that there is assurance that the project will be construct-
                                                                                                        by state law or rules promulgated by the Department of
                                       ed and operated in a manner that will not adversely af-
                                                                                                        Natural Resources,
                                       tect the water quality of the preserve. This subpara-              (5) RIPARIAN RIGHTS.-Neither the establishment
                                       graph shall not approve the connection of upland canals          nor the manaaement of the Biscayne Bay Aquatic Pre-
                                       to the waters of the preserve.                                   serve shall operate to-inf ringe upon -the riparian rights of
                                           4. Such dredging as is necessary for the -purpose of         upland property owners adjacent to or within the pre-
                                       eliminating conditions hazardous to the public health or         serve. Reasonable improvement for ingress and egress,
                                       for the purpose of eliminating stagnant waters, unsightly        mosquito control, shore protection, publicutility expan-
                                       mud fiats, islands, and spoil banks, the dredging Of             sion, and similar purposes may be permitted by the
                                       which would enhance the aesthetic quality and utility of         board of trustees or Department of Environmental Regu-
                        r"             the preserve and be clearly in the public interest as de-        lation, subject to the provisions of any other applicable
                                       termined by the board of trustees.                               laws under the jurisdiction of other agencies.
                                                                                                          (6) DISCHARGE OF WASTES PROHIBITED.-No
                                       Any dredging or filling under this subsection or improve-
                                       ments under subsection (5) shall be approved only after          wastes or effluents which substantially inhibit the ac-
                                                                                                        complishment of the purposes of this section shall be
                                       public notice and hearings in the area affected, pursuant
                                       to chapter 120.                                                  discharged into the preserve.
                                                                                                          (7) ENFORCEMENT.-The provisions of this section
                                           (c) There shall be no drilling of wells, excavation for
                                                                                                        may be enforced in accordance with the provisions of s.
                                       shell or minerals, or erection of structures other than
                                       docks within the preserve unless such activity is associ-        403.412. In addition, the Department of Legal Affairs is
                                                                                                        authorized to bring an action for civil penalties of $5,000
                                       ated with activity authorized by this section.                   per day agarnst any person, natural or corporate, who
                                           '(d) The board of trustees shall not approve any sea-        violates the provisions of this section or any rule or regu-
                                       ward relocation of bulkhead lines or further establish-          lation issued hereunder.
                                       ment of bulkhead lines except when a proposed bulk-                (8) SECTIONS 403.501-403.515 APPLICABLE.-The
                                       head line is located at the line of mean high water along        provisions of this section shall be subject to the provi-
                                       the shoreline. Construction, replacement, or relocation          sions of ss. 403.501-403.515,
                                       of seawalls shall be prohibited without the approval of            History-ss. 1, 2, 3. 4. 5. 6. 7. 8. ch. 74-171: s. 2, ch. 76-1D9: s. 1, ch. 77-174: s.

                                                                                                    1718

                      F.S. 1985                                   STATE PARKS AND PRESERVES                                                      Ch. 258
                      I,'ch. 76-628; s. 12 ch. 79-65 s, 1 Ch. 80-W4.                       (c) The board shall pay no more than $1 per year for
                      'Note.-Seclion 26, ch. 75-22, repeated s. 253 122, relating to the power 10 fix bulk. any such lease.
                      head lines.
                      Pdow-lorme, s, 258 1155,                                             (6) Except as provided in subsection (5) no aquatic
                                                                                        preserve or any part thereof shall be withdrawn from the
                      258.40 Scope of preserves.-                                       state aquatic preserve system except by an act of the
                      (1) The aquatic preserves established under this act              Legislarture. Notice of such proposed legislation shall be
                      shall include only lands or water bottoms owned by the            published in each county in which the affected area is
                      state as set forth in s. 253.03 and such lands or water           located, in the manner prescribed by law relating to local
                      bottoms owned by other governmental agencies as may               legislation.
                      be specifically authorized for inclusion by appropriate in-          (7) Within 30 days of the designation and establish-
                      strument in writing from such agency. Any privately               ment of an aquatic preserve, the Board of Trustees of
                      owned lands or water bottoms shall be deemed to be                the Internal Improvement Trust Fund shall record in the
                      excluded therefrom; however, the board may negotiate              public records of the county or counties in which the
                      an arrangement with any such private owner by which               aquatic preserve is located a legal description of the
                      such land may be included in the preserves.                       aquatic preserve.
                      (2) Any publicly owned and maintained navigation                     Higitory-s. 1. Ch. 75-172.
                      channel or other public works project authorized by the
                                                                                           258.42 Maintenance of preserves.-The Board of
                      United States Congress designed to improve or main-
                                                                                        Trustees of the Internal Improvement Trust Fund shall
                      tain, commerce and navigation shall be deemed exclud-
                      ed from the aquatic preserves established under this              maintain such aquatic preserves subject to the following
                      act.                                                              provisions:
                      (3) All lands lost by avulsion or by artificially induced            (1) No further sale, lease, or transfer of sovereignty
                      erosion shall be deemed excluded from the provisio: s             submerged lands shall be approved or consummated
                      of this act.                                                      by the trustees except when such sale, lease, or transfer
                      History-s. 1. ch. 75-172.                                         is in the public interest.
                                                                                           1(2) The trustees shall not approve the waterward re-
                      258.41 Establishment of aquatic preserves.-                       location or setting of bulkhead lines waterward of the
                      (1) The board may establish additional areas to be                line of mean high Water within.the preserve except when
                      included in the aquatic preserve system, subject to con-          public road and bridge construction projects have no
                      firmation by the Legislature.                                     reasonable alternative and it is shown to be not contrary
                      (2) The board may, after public notice and public                 to the public interest.
                      hearing in the county or counties in which the proposed              (3)(a) No further dredging or filling of submerged
                      preserve is to be located, adopt a resolution formally set-       lands shall be approved by the trustees except the fol-
                      ting aside such areas to be included in the aquatic pre-          lowing activities may be authorized pursuant to a permit:
                      serve system.                                                        1. Such minimum dredging and spoiling as may be
                      (3) The resolution setting aside an aquatic preserve              authorized for public navigation projects.
                      area shall include:                                                  2, Such minimum dredging and spoiling as may be
                      (a) A legal description of the area to be included.               authorized for the creation and maintenance of marinas,
                      (b) The designation of the type of aquatic preserve               piers, and clocks and their attendant navigation chan-
                      being set aside.                                                  nels.
                      (c) A gener3l statement of what is sought to be pre-                 3.. Such other alteration of physical conditions as
                      served.                                                           may, in the opinion of the trustees, be necessary to en-
                      (d) A clear statement of the management responsi-                 hance the quality or utility of the preserve or the public
                      bililies for the area.                                            health generally.
                      (4) Lands and water bottoms owned by other gov-                      4. Such other maintenance dredging as may be re-
                      ernmental agencies may be included in an aquatic pre-             quired for existing navigation channels.
                      serve upon specific authorization for inclusion by an ap-            5. Such restoration of land as authorized by s.
                      propriale instrument in writing from the governmental             253.124(8).
                      agency.                                                              6. Such reasonable improvements as may be neces-
                      (5) Lands and water bottoms in private ownership                  sary for public utility installation or expansion.
                      may be included in an aquatic preserve upon specific                 7. Installation and maintenance of oil and gas trans-
                      authorization for inclusion by an appropriate instrument          portation facilities, provided such facilities are properly
                      in writing from the owner. The appropriate instrument             marked with marine aids to navigation as prescribed by
                      shall be either a dedication in perpetuity or a lease. Such       federal law.
                      lease shall contain the following conditions:                        (b) There shall, in no case, be any dreclainto seaward

                                    Ch. 258                                       STATE PARKS AND PRESERVES                                                 F.S. 1985

                                       (d) There shall be no excavation of minerals, except             hereunder shall be further punishable by a civil penalty
                                    the dredging of dead oyster shells as approved by the               of not less than $500 per day or more than $5,000 per
                                    Department of Natural Resources.                                    day of such violation.
                                       (e) There shall be no erection        of structures within        History-s. 5, ch 75 172,
                                    the preserve, except:                                                                         PART IV
                                       1. Private docks for reasonable ingress or egress of
                                    riparian owners;
                                                                                                                       WILD AND SCENIC RIVERS
                                       2. Commercial docking facilities shown to be consis-
                                    tent with the use or management criteria of the pre-                258.501     Myakka River; wild and scenic segment.
                                    serve; and
                                       1, Structures for shore protection, approved naviga,              11,11.101 M,alka River; wild and scenic se,menl,-
                                    tional aids, or public utility crossings authorized under             (1) SHORT TITLE.-This act may be cited as the
                                    subsection (3)(a).                                                  "Myakka River Wild and Scenic Designation and Preser-
                                       (f) No wastes or effluents shall be discharged into              vation Act."
                                    the preserve which substantially inhibit the accomplish-              (2) LEGISLATIVE DECLARATION.-The Legislature
                                    ment of the purposes of this act.                                   finds and declares that a certain segment of the Myakka
                                       (g) No nonpermitted wastes or effluents shall be di-             River in Manatee, Sarasota, and Charlotte Counties pos-
                                    racily discharged into the preserve which substantially             sesses outstandingly remarkable ecological, fish and
                                    inhibit the accomplishment of the purposes of this act.             wildlife, and recreational values which are unique in the
                                       History-ss. 1, 2, 4. ch. 75-172: s. 1, ch. 77-174.               State of Florida. These values give significance to the
                                       'Note.-See s. 26. ch. 75-22, which repealed s. 253 122. retailing to the power to
                                    f. ouikheacl lines. and s. 7(3), ch. 75-22 (s. 253,1221), which reestablished all Dfevi- river as one which should be permanently preserved
                                    owsly established bulkhead lines at the line of rnean high water or ordinary high we- and enhanced for the citizens of the State of Florida;
                                    let.
                                                                                                        both present and future. The permanent management
                                       258.43 Rules and regulations.-                                   and administration of the river involves a complex inter-
                       J
                                       (1) The Board of Trustees of the Internal Improve.               action of state, regional, and local interests which re-
                                    ment Trust Fund shall adopt and enforce reasonable                  quire balancing and coordination of purpose. It is the in-
                                    rules and regulations to carry out the provisions of this           tention of the Legislature to provide for the permanent
                                    act and specifically to provide regulation of human activ-          preservation of the designated segment of the Myakka
                                    ity within the preserve in such a manner as not to unrea-           River by way of development of a plan for permanent ad-
                                                                                               uses     ministration by agencies of state and local government
                                    sonably interfere with lawful and traditional public
                                    of the preserve, such as sport and commercial fish,ing,             which will ensure the prc lection necessary but retain
                                    boating, and swimming.                                              that degree of flexibility, responsiveness, and expertise
                                                                                                        which will accommodate all of the diverse interests in-
                                       (2) Other uses of the preserve, or human activity
                      A             within the preserve, although not originally contemplat.            vo ved in a manner best calculated to be in the public
                                    ed, may be permitted by the trustees, but only subse-               interest.
                                    quent to a formal finding of compatibility with the pur-              (3) DEFINITIONS.-As used in this act:
                                    poses of this act.                                                    (a) "Activity" means the doing of any act or the tailing
                                       History-s. 1, ch. 75-172-                                        to do any act, whether by a natural person or a corpora-
                                                                                                        tion.
                                       258.44 Effect of preserves. -Neit her the establish-               (b) "Coordinating council" means the council creat-
                                    ment nor the management of the aquatic preserves un-                ed by subsection (6).
                                    der the provisions of this act shall operate to infringe              (c) "Department" means the Department of Natural
                                    upon the traditional riparian rights of upland property             Resources.
                                    owners adjacent to or within the preserves. Reasonable                (d) "Division" means the Division of Recreation and
                                    improvement for ingress and egress, mosquito control,               Parks of the Department of Natural Resources.
                                    shore protection, public utility expansion, surface water             (e) "Executive board" means the Governor and Cabi-
                                    drainage, 'installation and maintenance of oil and gas              net sitting as the head of the Department of Natural Re-
                                    transportation facilities, and similar purposes@be                  sources.
                                    permitted by the trustees subject to the provisions of                (f) "Resource value" means any one or more of the
                                    any other applicable laws under the jurisdiction of other           specific economic, scenic, recreational, geologic, fish
                                    agencies.                                                           and wildlife, historic, cultural, or ecological features as-
                                       History-s.11. ch, 75-172.                                        sociated with the river area as determined by the coordi-
                                       258.45 Provisions not superseded.-The provi-                     nating council.
                                                                                                                'River area" means that    corridor of land beneath
                                    sions of this act shall not supersede, but shall be subject           (g)
                                    to, the provisions of ss. 403.501 through 403.515.                  and surrounding the Myakka River from river mile-7         15 to
                                       History-ss. 3, 6. ch. 75-172.                                    river mile 41.5, together with a corridor extending from
                                                                                                        the center of the river to the ma@:imum upland extent of
                                       -258.46 -Enforcement; violations; penalty.-7he pro-              wetlands vegetation.
                                    visions of this act may be enforced by the Board of                   (4) DESIGNATION OF WILD AND SCENIC RIVER.-
                                    Trustees of the Internal Improvemert Trust Fund or in               The corridor of land surrounding and beneath the Myak-
                                    accordance with the provisions of s. 403.412. However,              ka River between river mile 7.5 and river mile 41.5 is
                                    any violation by any person, natural or corporate, of the           hereby designated as a Florida wild and scenic river for
                                    provisions   of this act or any rule or     regulation issued       the purposes of this act and is subject to all of the provi-

                                                                                                    1720

                                                                                                                :7.7

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                                       Appendix B.                                    FLORIDA AQUATIC PRESERVES CH:18-20

                                                                                          RULES
                                                                                        OF THE
                                                                    DEPARTMENT OF NATURAL RESOUCES                                                                               CH 18-20

                                                                     DIVISON OF STATE LANDS
    CHAPTER 18-20

                                                                FLORIDA AQUATIC PRESERVES
         	     18-.20.001 NIENI              18-20.002     Boundaries and Scope  of the
    prevserves                                                                                                                                                         (
              	                              18-20.003    definitions
                                                                                                                                                                                                18.20-20.004		Emanagement policies standards
                                       18-20.006 cumulative impacts

    18-20.008 Inciusion of Lands, Tisit to Which Is Not Visited in the Board in a Preserve.
    18-20.009 Establishment or Expansion of Aquatic.
                                                                                                                   . ......                       .                                                Comprehensive management program
    18-20.010 Exchange of Lands                                                                                                                                                         (b) To protect and enhance the waters of
    18-20.011 Gifts of Lands
    18-20.012 Protection of Indigenous Life Forms
    18-20.013 Development of Resource Inventories and Management Plans for the Preserves                                                                                                                                                                         the preserves so that the public may continue to
    18-20.014 Enforcement
    18-20.016 Coordination with Other Governmental Agencies
    18-20.017 Lake Jackson Aquatic Preserve
    18-20.001 Intent: (1) All sovereignty lands within a preserve shall be managed of essentially natural conditions
    the propagation of fish and wildlife, and public recreation, including hunting and fishing where deemed
    appropriate by the board, and the managing agency. (2) The aquatic preserves which are described in 73.534 Laws
    of Florida. Sections 258.39.258.391,258.392 and 258.393. Florida Statutes future aquatic preserves established
    pursuant to general or special acts of the legislature, and in Rule 18-20.002 Florida Administrative Code were
    established for the purpose of being preserved so that their aesthetic, biological and scientific values may
    endure for the enjoyment of future generations. (3) The preserves shall be administered and managed in
    accordance with the following goals: (a) To preserve, protect, and enhance these exceptional areas of sovereignty
    submerged lands by reasonble regulation of human activity within the preserves through the development and
    implementation of a comprehensive management program; (b) To protect and enhance the waters of the preserves so
    that the public may continue to enjoy the traditional recreational uses of those waters such as swimming, boating,
    and fishing; (c) To coordinate with federal, state, and local agencies to aid in carrying out the intent of the
    Legislature in creating the preserves; (d) To usse applicable federal, state, and local management programs,
    which are compatible with the intent and provisions of the act and these rules, and to assist in managing the
    preserves; (e) To encourage the protection, enhancement or restoration of the biological, aesthetic, or
    scientific values of the preserves, including but not limited to the modification of existing manmade conditions
    toward their natural condition, and discourage activities which would degrade the aesthetic, biological, or
    scientific values, or the quality, or utility of a preserve, when reviewing applications, or management plans
    for the preserves; (f) To preserve, promote, and utilize indigenous life forms and habitats, including but not
    limited to: sponges, soft coral, hard corals, submerged grasses, mangroves, salt water marshes, fresh water
    marshes, mud flats, estuarine, aquatic, and marine reptiles, game and non-game fish species, estuarine, aquatic
    and marine invertebrates, estuarine, aquatic and marine mammals, birds, shellfish and mollusks; (g) To aquire
    additional title interests in lands wherever such acquisitions would serve to protect or enhance the biological,
    aesthetic, or scienfific values of the preserves; (h) To maintain those beneficial hydrologic and biologic
    junctions, the benefits of which accrue to the public at large.

                                                           (4) Nothing in these rules shall serve to                                (6) For the purpose of clarification and
                                                               eiminate or alter the requirements or       		               interpretation the legal description set forth as
                                                               authority of other governmental agencies,         			   follows do not include any land which is
    									     including counties and municipalities, to  				   expressly recognized as privately owned
    									     protect or enhance the preserves provided that				   upland in a pre-existing recorded mean high
    									     such requirements or authority are not 					   water line settlement agreement between the
                  							     inconsistent with the act and this chapter.				   board and a private owner or owners.
    									     Specific Authority 120.53, 258.43(1)  Law					   Provided, however, in those instances wherein
    									     impiemenied 258.35, 258.36, 258.37, 258.38.  Ch.				   a settlement agreement was executed
    									     80-280, Laws of Florida Historty-New 2-23-81.				   subsequent to the passage of the Florida
    									     20.0 boundaries and Scope of the 						   Coastal Mapping Act the determination of the
    									     Preserves.										   mean high water line shall be in accordance
    										(1) These rules shall only apply in those 				   with the provisions of such act.
    										sovereignty lands within a preserve title in which is
    									      vested in the board and those other lands for which 			   (7)  Persons interested in obtaining details of
    										the board has an appropriate instrument in writing,			   particular preserves should contact the bureau of
    										executed by the owner authorizing the inciusion of 			   State Lanos Management Department of Natural
    										specific lands in an aquatic preserve pursuant to 			   Resources.  3900 Commonwealth Blvd.,
    										Section 2(2) of Chapter 73-534, Laws of Florida, 			   Tallahassee, FL  32303 (telephone 904-488-2297).
    										Sections 258.40(1) and 258.40(5). Florida Statues,			  	(a) The preserves are described as follows:
    										future aquatic preserves established through					    1.  Fort Clinch State Park Aquatic
    										general or special acts of the legislature and					    Preserve as described in th Official Records
    										pursuant to Rule 18 20.088, Florida 					 	    of Nassau County in Book 108, pages 343-346,
    										Administrative Code.  Any publicly owner and 					    and in Book 111, page 409.
    										maintained navigation channel authorized by the					    2.  Nassau River - St. Johns River
    										United States Congress or other public works					    Marshes Aquatic Preserve as described in the
    										project authorized by the United States Congress,				    Official Records of Duval County in Volume
    										designed to improve or maintain commerce and					    3183, pages 547-552, and in the Official
    										navigation shall be deemed to be excluded from the				    Records of Nassau County in Book 106, pages
    										provisions of this chapter, pursuant to Subsection				    232-237.
    										256.40(2). Florida Statutes.  Furthermore all lands				    3.  Pellier Creek Aquatic Preserve, as
    										lost by avuision c: by artificially induced erosion				    described in the Official Records of St Johns
    										shall be deemed excluded from the provisions of this				    County in Book 181, pages 363-366, and in the
    										chapter pursuant to Subsection 258.40(3), Florida 				    Official Records of Fiagier County in Book 33,
    										Statutes.											    pages 131-134.
    										(2)  These rules do not apply to Bocz Ciera Bay,				    4.  Tomoka Marsh Aquatic Preserve, as
    										Finelias County of Biseyne Bay Aquatic 						    described in the Official Records of Fiagier
    										Preserves.											    County in Book 33, pages 135-136, and in the
    										(3)  These rules are promuigated to clarify the					    Official Records of Volusia County in Book
    										responsibilities of the board in carrying out its land			    1244, pages 615-618.
    										management functions as those functions apply
    										within the preserves impiermentation and
    										responsibility for environmental permitting of
    										activities and water quality protection within the
    										preserves are vested in the Department of
    										Environmental Regulation.  Since these rules are
    										considered cumulative with other rules a person
    										planning an activity within the preserves should
    										also consult the other applicable department rules
    										(Chapter 21. Florida Administrative Code for
    										example) as well as the rules of the Department of
    										Environmental Regulation.
    										(4)  These rules shall not afiet previous actions
    										of the board concerning the issuance of any
    										basement or lease; or any disclaimer concerning
    										sovereignty lands.
    										(5)  The intent and specific provisions expressed
    										in 20.00 (e) and (l) apply generally to all
    										existing or future aquatic preserves within the scope
    										of the Chapter.  Upon completion of a resource
    										inventory and approval of a management plan for a
    										preserve pursuant to 10-20-0013 the type
    										designation and the resource sought to be preserved
    										may be readoressed by the Board.

    				FLORIDA AQUATIC PRESERVES

    5.  Wekiva River Aquatic Preserve, as					8.  Indian River-Malabar to Sebastain
    described in Section 258.39(30), P.S.					Aquatic Preserve, as described in the Official
    6.  Mosquito Lagoon Aquatic Preserve, as					Records of Brevard County in Book 1143,
    described in the Official Records of Volusia				pages 199-202, and in the Officail Records of
    County in Book 1244, pages 619-623, and in				Indian River County in Book 368, pages 5-8.
    the Official Records of Brevard County in					9.  Indian River-Vero Beach to Fort
    Book 1143, pages 190-194.							Pierce Aquatic Preserve, as described in the
    7.  Banana River Aquatic Preserve, as 					Official Records of Indian River County in
    described in the Official Records of Brevard				Book 368, pages 9-12, and in the Official
    County in Book 1143, pages 195-198, less					Records of St Lucie County in Book 187,
    those lands dedicated to the U.S.A. prior to the			pages 1083-1086.
    treatment of the act, until such time as the U.				10. Jensen Beach to Jupiter Iniet Aquatic
    S.A. no longer wishes to maintain such lands				Preserve, as described in the Official Records
    for the purpose for which they were dedicated,				of St. Lucie County in Book 218, pages
    as which time such lands would revert to the				2863-2869.
    board and be managed as part of the preserve. 				11.  North Fork, St Lucie Aquatic

    Preserve, as described in the Official Records of Marun County in Book 337, pages 2159-2162. and in the Official Records of St. Lucie County in Book 201, pages 1676-1679.
    12.  Loxahatchet River - Lake Worth Creek Aquatic preserve, as described in the Official Records of Martin County in Book 320, pages 193-196, and int he Official Records of Paim Beach County in Volume 1860, pages 806-809.
    13.  Biscayne Bay - Cape Florida to Monroe County Line Aquatic Preserve as described in the Official Records of Dade County in Book 7055, pages 852-856, less, however, those lands and waters as described in Section 256.165, F. S., (Biscayne Bay Aquatic Preserve Act of 1974),and those lands and waters within the Biscayne National Park.
    14.  Lignumvitae Key Aquatic Preserve, as described in the official Records of monroe County in Book 502, pages 139-142.
    15.  Coupon Bight Aquatic Preserve, as described in the Official Records of Monroe County in Book 502, pages 143-146.
    16.  Cape Romano - Ten Thousand Islands Aquatic Preserve, as described in the Official Records of Coliier County in Book 381, pages 296-301.
    17.  Rookery Bay Aquatic Preserve, as described in Section 256.39(31),FS.
    18.  Esteno Bay Aquatic Preserve as described in Section 258.39(28). Florida Statutes.
    * * *
    19.  Pine Island Sound Aquatic Preserve as described in the Official Records of Lee County in Book 648, pages 732-736.
    20.  Matiacha Pass Aquatic preserve, as described in the Official Records of Lee County in Book 800, pages 725-728.
    21.  Gasparilla Sound - Chariotte Harbor Aquatic Preserve, as described in Section 258.392, F.S.
    22.  Cape Haze Aquatic Preserve, as described in Section 258.39(29),F.S.
    23.  Cockroach Bay Aquatic Preserve, as described in Section 258.391, F.S.
    24.  St. Marons March Aquatic Preserve, as described in the Official Records of Citrus County in Book 276, pages 238-241.
    25.  Alligator Harbor Aquatic Preserve, as described in the Official Records of Franklin County in Volume 98, pages 62-85.
    26.  Apaiachicola Bay Aquatic Preserve, as described in the official Records of Gulf County in Book 46, pages 77-81, and in the Official Records of Franklin County in Volume 98, pages 102-106.
    27.  St. Joseph Bay Aquatic Preserve, as described in the Offical Records of Gulf County in Book 46, pages 73-76.
    28.  St. Anorrws State Park Aquatic Preserve, as described in the Official Records of Bay County in Book 379, pages 547-550.
    29.  Rocky Bayou State Park Aquatic Preserve, as described in the Official Records of Okaloosa County in Book 593, pages 742-745.
    30.  Yellow River Marsh Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 206, pages 568-571.
    31.  Fom Pickens State Park Aquatic Preserve, as described in the Official Records of Santa Rosa County in Book 220, pages 60-63, in the Official Records of Escambia County in Book 518, pages 659-662,less the lands dedicated to the U. S. A. for the establishment of the Gulf Islands National Seashore prior the the enactment of the act, until such time as the U.S.A. no longer wishes to maintain such lands for the purpose for which they were dedicated. At which time such lands would reven to the board and be managed as part of the preserve.Specific Authority 120.33, 258.41(1) FS. Law implemented 258.39, 258.40, 258.41, 258.42, 258.43, 258.44, 258.45, FS. History - New 2-23-81.
    32.  For  the purpose of this section the boudaries of the Lake Jackson Aquatic Preserve, shall be the body of water in Leon county known as Lake Jackson in Sections 1, 2, 3, 5, 10, 11 and 14, Township 1 North Range 1 West and Sections 11, 12, 13, 14, 15, 21, 22, 25, 26, 27, 28, 29, 32, 33, 34, and 35, Township 2 North Range 1 West lying below the ordinary high water line. Such lands shall include the submerged bottom land and the water column upon such lands, as well as all publicly owned islands, within the boundaries of the preserve. Any Privately held upland within the boundaries of the preserve shall be deemed to be excluded therfrom: provided that the board may negotiate an arrangement with any such private upland owner by which such land may be included in the preserve.
    33.  Terra Ceia Aquatic Preserce, as described in Section 258.393, Florida Statues.
    34.  Future aquaric preserves established pursuant to general or special acts of the legislarute. Secific Authority 120.53, 258.43(1) FS Law Implemented 258.39, 258.391, 259.392, 258.393, 258.40, 258.41, 258.43, 258.44, 258.44, 258.45 FS History New 2-23-81, Amended 8-7-85.

    Definitions. When used in these rules, the following words shall have the indicated meaning unless the context clearly indicates oterwise:
    (1)  "Act" means the provisions of Section 258.35 through 258.46, F.S., the Florida Auquatic Preserce Act.
    (2)  "Activity" means any project and such other human action within the preserce requiring board approval for the use, sale,lease of interest in socereignty lands or materials, or which may require a license from the Department of Encironmental Regulation.

    (3)  "Aesthetic values" means scenic characteristics of amenities of the preserve in its essentially natural state or condition and the maintenance thereof
    (4)  "Applicant" means any person making application for a permit, license, conveyance of an interest in state owned lands or any other necessary form of governmental approval in order to perform an activity within the perserve
    (5)  "Beneficial biological functions" means interactions between flora, fauna and physical or chemical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: nutrient, pesticide and heavy metal uptake; sediment retention; conversion to biomass; nutrient recycling and oxygenation.
    (6)  "Beneficial hydrological functions" means interactions between flora, fauna and physical geological or geographical attributes of the environment, which provide benefits that accrue to the public at large, including, but not limited to: retardation of strom water flow; storm water retention; and water storage, and periodical release;
    (7)  "Biological values" means the preservation and promotion of indigenous life forms and habitats including, but not limited to: sponges, soft corals, hard corals, submerged grasses, mangroves, saltwater marshes, fresh water marshes, mud flats, marine, estuarine, and aquatic reptiles, games and non-games fish species, marine, estuarine, and aquatic mammals, marine, estuarine, and aquartic invertebrates, birds and shellfish.
    (8)  "Board" means the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.
    (9)  "Channel" means a trench, the bottom of which is normally covered entirely by water, with the upper edges of its sides normally below water.
    (10) "Commercial, industrial and other revenue generating/incomes related docks" means docking facilities for an activity which produces income, through rental or any other means, or which serves as an accessory facility to other rental, commercial or industrial operations. It shall include, but not be limited to docking for marinas, restaurants, hotels, motels,commercial fishing, shipping, boat or ship construction, repair, and sales.
    (11) "Department" means the State of Florida Department of Natural Resources, as administrator for the board.
    (12) "Division" 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 sections 253.002, F.S.
    (13) "Dock" means a fixed or floating structure, including moorings, used for the purposes of berthing buoyant vessels either temporarily or indefinitely.
    (14) "Essentially natural condition" means those functions which support the continued existence or encourage the restoration of the diverse population of indigenous life forms and habitats to the extent they existed prior to the significant developemnt adjacent to and within the preserve.
    (15) "Extreme hardship" means a significant burden, unique to the applicant and not shared by property owners in the area.  Self-imposed circumstances caused to any degree by actions of any person subsequent to the enactment of the Act shall not be construed as an extreme hardship.  Extreme hardship under this act shall not be construed to include any hardship which arises in whole or in part from the effect of other federal, state or local laws, ordinances, rules or regulations. Thte term may be inherent in pulic projects which are shown to be a public necessity.
    (16) "Fill" means materials from any source, depostied by any means onto sovereignty lands, either for the purpose of creating new uplands or for any other purpose, including spoiling of dredged materials.  For the purpose of this rule, the placement of pilings or reprap shall not be considered to be filling.
    (17) "Lease" means a conveyance of interest in lands, title to which is vested in the board, granted in accordance with specific terms set forth in writing.
    (18) "Marina" means a small craft harbor complex used primarily for recreation.
    (19) "Oil and gas transportation facilities" means those structures necessary for the movement of oil and gas from the production site to the consumer.
    (20) "Person" means individuals, minors, partnerships, corporations, joint ventures, estates, trusts, syndicates, fiduciaries, firms and all other associations and combinations, whether public or private, including governmental entities.
    (21) "Pier" means a structure in, on, or over sovereignty lands, which is used by the public primarily for fishing, swimming, or viewing the preserve.  A pier shall not include a dock.

    (22) "Preserve" means any and all of those areas which are exceptional areas of sovereignty lands and the associated water body so designated in Section 258.39, 258.391, and 258.392 F.S., including all sovereignty lands, title to which is vested in the board, and such other lands as the board may acquire or approve for inclusion, and the water column over such lands, which have been set aside to be maintained in an essentially natural or existing condition of indigenous flora and fauna and their supporting habitat and the natural scenic qualities and amenities thereof.
    (23) "Private residential single dock" means a dock which is used for private, recreational or leisure purposes for a single family residence, cottage or other such single dwelling unit and which is designed to moor no more than two boats.
    (24) "Private residential multi-slip dock" means a docking facility which is used for private recreational or leisure purposes for multi-unit residential dwellings which shall include but is not limited to condominiums, townhouses, subdivisions and other such dwellings or residential areas and which is designed to moor three or more boats.  Yacht clubs associated with residential developments, whose memberships or utilization of the docking facility requires some real property interest in the residential area, shall also be included.
    (25) "Public interest" means demonsurable environmental, social and economic benefits which would accrue to the public at large as a result of a propsed action, and which would clearly exceed all demonsurable 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 severence of materials from sovereignty lands, the board shall consider the ultimate project and purpose to be srved by said use, sale, lease, or transfer of lands or materials.
    (26) "Public navigation project" means a project primarily for the purpose of navigation which is authorized and funded by the United States Cpngress or by port authorities as defined by Section 315.02(2), F.S.
    (27) "Public necessity" means the works or improvements required for the protection of the health and safety of the public, consistent with the Act and these rules, for which no other reasonable alternative exists.
    (28) "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, inculding electricity, telephone, public water and wastewater services, and structures necessary for the provision of these services.
    (29) "Quality of the preserve" means the degree of the biological, aesthetic and scientific values of the preserve necessary for present and future enjoyment of it in an essentially natural condition.
    (30) "Resource 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.
    (31) "Resource Projection Area (RPA)1" Areas within the aquatic preserves which have resources of the highest quality and condition for that area.  These resources may include, but are not limited to corals; manni grassbeds; mangrove swamps; saltwater marsh; oyster bars; archaeological and historical sites; endangered or threatened species habitats and mionial water bird nesting sites.
    (32) "Resource Protection Area 2"--Areas within the aquatic preserves which are in transition with either declining resources protection area 1 resources or new pioneering resources within resource protection area 3.
    (33) "Resource Protection Area 3" areas within the aquatic preserve that are characterized by the absence of any significant natural resource attibutes.
    (34) "Riparian rights" means those rights incident to lands bordering upon navigable waters, as recognized by the courts of this state and common law.
    (35) "Sale" means a conveyance of interest in lands, by the board, for consideration.
    (36) "Scientific values" means the preservation and promotion of certain qualities or features which have scientific significance.
    (37) "Shore protection structure"  means a type of coastal construction designed to minimize the rate of erosion.  Coastal construction includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.
    (38) "Sovereignty land" means those lands including but not limited to: tidal lanes, islands, sandbars, shallow banks, and lands waterward of the ordinary or mean highwater line, to which the State of Florida acquired title on March 3, 1845, by virtue of statehood, and of which it has not since divested its title interest.  For the purposes of this rule sovereignty lands shall include all submerged lands within the boundaries of the preserve, title to which is held by the board.
    (39) "Spoil" means materials dredged from sovereignty lands which are redeposited or discarded by any means, onto either sovereignty lands or uplands

    (40) "Transfer" means the act of the board by which any interest in lands, including easements, other than sale or lease is conveyed.
    (41) "Utility of the preserve" means fitness of the preserve for the present and future enjoyment of its biological, aesthetic ad scientific values, in an essentially natural condition. Specific authority 256.42(1) FS Law Implemented 258.37, 256.42(1) FS History-New 2-23-61
    (42) "Water dependent activity" means an activity which can only by conducted on, in, over, or adjacent to, water areas because the activity required direct access to the water body or sovereignty lands for transportation, recreation, energy production or transmission, or source of water and where the use of the water or sovereignty lands is an integral part of the activity. Specific Authority 256.43(1) FS Law Implement 256.37, 256.43(1)FS history-new 2-23-62 amenord 6-7-85. Formerly
         4-26-04 Management: Policies, Standards and Criteria.  The following management policies, standards and criteria are supplemental in Chapter 19-21. Florida Administrative Code (Sovereignty Suberged Lands Management) and shall be utilized in determining whether to approve , approve with conditions or modifications or deny all requests for activites on sovereignty lands in aquatic preserves.
             (1) GENERAL PROPRIETARY
             (2) In determining whether to approve or deny any request the board will evaluate each on a case-by-case basis and weigh any factors relevant under Chapter 253 and/or 258, Florida Statutes. The board acting as Trustees for all state-owned lands, reserves the right ot approve, modify or reject any proposal.
             (b) There shall be no further sale, lease or transfer of sovereignty lands except when such sale, lease or transfer is in the public interest (see Section 18-20.004 (2) Public Interest Assessment Criteria).
             (c) There shall be no construction of seawalls or ordinary high water line or filling waterward of the mean or ordinary high water line except in the case of public road and bridge projects where no reasonable alternative exists.
             (d) There shall in no case be any dredging waterward of the mean or ordinary highwater line for the sole or primary purpose of providing fill for any area landward of the mean or ordinary high water line.
             (e) A lease, easement or consent of use may be authorized only for the following activities:
                 1. a public navigation project;
                 2. maintenance of an existing navigational channel;
                 3. installation or maintenance of approved navigational aids;
                 4. creation or maintenance of a commercial/industrial dock, pier or a marina;
                 5. creation or maintenance of privat docks for reasonable ingress and egress of reparian owners;
                 6. minimum dredging for navigation channels attendant to docking facilities;
                 7. creation or maintenance of a shore protection structure;
    		 8. instualiation or maintenance of oil and gas transportation facilities,
                 9. creation, maintenance, replacement or expansion of facilities require for the provision of public utilities and,
     	      10. other activites which are a public necessary or which are necessary to enhance the quality or utility of the preserve adn which are consisient with the act and this chapter.
             (f) For activities listed in paragraphs 18-20 (1)(c)1-10 above the activity shall be designed so that the sovereignty land are limited to structures necessary to conduct water dependent activities.
             (g) For activities listed in paragraphs 18-20 (1)(e)7.,8.,9 and 10 above it must be demonstrated than no other reasonable alternative exists which would allow the proposed activity to be constructed or undertaken outside the preserve.
             (h) The use of state-owned lands for the purpose of providing private or public road access to islands when such access did not previously exist shall be prohibited. The use of state-owned lands for the purposes of providing provate or public water supply to islands where such water supply did not previously exist shall  be prohibited.
             (i) Except for public navigation projects and maintenance dredging for existing channels and basins,any areas dredged to improve or create navigational access shall be incorporated into the preempied area of any required lease or be subject to the payment of a negotiated private easement fee.
             (j) Private Residential muliti-ship docking facilities shall require a lease.
             (k) Aguaculture and beach renourishment activities which comply with the standards of this ruit chapter and Chapter 18-21, Florida Administrative Code, may be approved by the board, but only subsequent to a formal finding of compatibility with the purpose of Chater 256, Florida Statutes, and this ruit chapter
             (l) Other uses of the preserve or human activity within the preserve, although not originally contemplated may be approved by the board, but only subscquent to a formal finding of compatiblity with the purposes of Chapter 256 Florida Statutes and this ruit chapter;
               (2) PUBLIC INTEREST ASSESSMENT CRITERIA
                   In evaluating requests for the sale, lease or transfer of interest a balacing test will be utilized to determine whether the social, economic and/or enviromental benefits clearly exceed the costs.
               (a) GENERAL BENEFIT/COST CRITERIA:
               (1) Any benefits that are balanced against the costs of a particular project shall be related to the affected aquatic preserve;
               (2) In evaluating the benefits and costs of each request, specific consideration and weight shall be given to the quality and nature of the specific aquatic preserve. Projects in the less developed, more pristine aquatic preserves such as Apaiachicola bay shall be subject to a higher standard than the more developed urban aquatic preserves such as Boca Ciega Bay; and.
               (3) for projects in aquatic preserves with adopted management plans, consisienty with the management plan will be weighed heavily when determining whether the project is in the public interest.

             (b)BENEFIT CATEGORIES:                                  (4) RIPARIAN RIGHTS
              1. Public access (public boat ramps, boatslips,        (a) None of hte provisions of this rule shall be
              etc.):                                                  implemented in a manner that would unreasonalby
               2. providing boating and marina services               infringe upon the traditional commom law and
              (repair,    ,etc.):                                     statutory ripafran menus of upland repartan
              3. improve and enhance public healthy safety            property owners adjacent to sovereignty lands.
              welfare and law enforcement:                            (b) the evaluation and overminaution of the
              4. improved public land management                      reasonable ribarian rights of ingress and egress for
              5. improve and enhance public navigation:               private residentual multi-slip docks shall be based
              6. improve and enhance water quality                    upon the number of linear inci of riparian shoreline.
              7. enhancement/restoration of natural habitat           (c) For the purposes of this rule a private
              and functions ;and                                      residenual singit docking facility which meets all
              8. improve /protect                                     the requirements of               shall be
              endangered/inrcaiened/unique species                    seemed to meet the public interest requirements of
              (c)COSTS:                                                                (b), Forces Administrative
              1. reduced/          water quality;                     coat. However the applications for such docking
              2. reduced/      natural habitat and                    facilities must apply for such consent and must meet
              function;                                               all the requirements and standards of the rule
              3. destruction, harm or harasssment of                  chaplet.
              endangered or threatened species and habitat;           (5) STANDARDS AND CRITERIA FOR
              4. preempuon of pulibc use;                              DOCKING FACILITIES
              5. measuring navigtional hazards and                    (A) All docking facilities wheather for a or
              congestion                                               multislip residential or commercial shall be
              6. reduced/ottraded         and,                         subject to the following standards and criteria;
              7. aoverrse comulative impacts.                          1. No dock shall extend water word of the mean
             (d) EXAMPLES OF SPECIFIC BENEFITS:                        or ordinary high water line more than 500 feet or 20
              1. Donation of land,conservation tastmenus,              percent of hte wintin of the waterbody at that
              covenanis or other init interests in or                  particular location whitchever is less;
              conguous to the aquatic preserve which will              2. Certain docks may fall wihtin areas of special
              protect or enhance the aquatic preserve;                 or unique importance. These areas may be of
              2. providing access or facillties for public land        significant biological, scientific, historic and/or
              management activities;                                           value and require spcial management
              3. providing public access casements and/or              considerations.  Modifications may be more
              facilities, such as beach access, boat ramps, etc.       restrictive than the normally accepted criteria.Such
              4. restoration/enhantement fo altered habitat or         modifications shall be determined on a case-by-case
              natural functions, such as conversion of vertical        analyst and may include, but shall not be limited to
              bulkneass to riprap and/ or vegetation(or shoreline      changes in location, configuration,     within
              stabilizaton or reestablishment of shoreline or          and heights;
              submerged vegation;                                      3. the number,     ,crafts and types of
              5. improve fishery habitat through the                   vessels allowed to utilize the proposed iadinty may
              establishment of artificial reels or other such          also be supulated and
              projects where appropriate;                              4. where local government have more significant
              6. providing sewagt pumpout facilities where             standards and criteria for docking,         ,the
              normally not required in patuiculr, facilities open      more strigent standards for the protection and
              to the general public;                                   enhancement of the aquatic preserve shall prevail.
              7. improvements to water quality such as                 (b) Private residential singie docks shall
              removal of toxic sediments, increased trushing and        conform to the following specific design standards
              circulation etc;                                         and critea;
              8. providing upland dry storage as an alternative        1. Any main access dock shall be limited to a
              to wetship; and                                          maximum within of four(4)    ;
              9. marking navigation channels to avoid                  2. The dock seeking design and construction will
              disruption of shaliow water habitats.                    insutt maximum ingni penetration with full
             (3) RESOURCE MANAGEMENT                                   consideration fo safety and practuically;
             (a) All proposed activties in aquatic preserves           3. the dock will extend out from the snoreline no
              having management plans adopted by the board             further than to a maximum dopth of minus four
              must demonstrate that such activities are consistent     4. When the water depth is minus four(-4) feet
              with the management plan.                                (mean    water)at an existing bulkhead the
             (b) no drilling of oil, gas, or other such wells          miximun dock length from the bulkhead shall be
              shall be allowed.                                        25 feet, subject to modifications accommodating
             (c) Utility cables, pipes, and other such                 shoreline vegetation overhang;
              structure shall be constructed and located in a          5. wave break devires when necessary shall be
              manner that will cause minimal disturbance to            designed to allow for maximum water circilation
              submerged land resorces such as ovsier bars and          and shall be built in such a manner a to be part of
              submerged grass beoa and do not inveritrt with           the dock structure;
              traditional public uses.                                 6. rerminal platform size shall be no more that
             (d) Spoil disposal within the preserves shall be           160 square feet and
              strongly discouraged and may be approved only            7.      to obtain navigable water depths in
              where the application has demonstrated that there is      coniunction wiht private residential, single dock
              no other reasonable alternative and that activity         applications is strongly discoraged.
              may be beneficial to or at a minimum, not harmful        (t)Private residential multi-slip docks shall
              to the quality and vitality of the preserve.              conform to the following specific design sancators
                                                                        and criteria;

    1.The area of soventry, submerged land preempred by the docking facility shall not exced into square      amounting to
    ten times the ribarian waterron;     of the alieeved water body of the application or the square  attenonat to providing
    a single dock in accordance with the criteria for private residental single docks whichever is greater. A conservation
    casement or owner such use restrictions acceptable to the board must be placed on hte riparian snotelins used for the
    caicuiation of hte 10; I inrehold to conserve and protect shoreline resouces and subordinat/waive any further
    of ingrets and egress for addititional docking facilities;2. docking facilities and access channels shall be prenioned in
    Resource Froitacion Area 1 or 2, except as allowed pursuant ot Section                    while oregorint in Resources
    Protection area 3 shall be strongly discouraged. 3. docking facilities shall only be approved in locations having adequate
    existing water depins in the boz; mooring ,       basit.. access channels and owner such areas which will accommodiate the
    propesed boat use in order to insure that a minimum of one foot clearance is provided between the deepest orain of a vessel
    and the bottom at mean low waters; 4. main access docks docks nad connetuint or cross walks shall not exceed six (6) feet in
    width ; 5. terminal         shall not exceed eight (8) feet in width and 25 feet i length;7. pilings may be utilized as
    required to provide adequait mooring capabilities and 8. hte following providions of Rule 18 . 20 (5)(d) shall also apply
    to private residential mult-slip docks.(d) Commercial industrial and other revenue penerating/ income       docing facilities
    shall conform to the following specific design standards and criteria; 1. Docking facilites shall only be located in or near
    areas with good circulation, flushing and aoeoutar water      :2. docking facilities and access channels shall be prohibited
    in Resource Protection Area 1 or 2, except as allowed pursuant to Sectios 256 42(3)(e)1.. Florisa statutes while oreginatin
    in Resources Protection Area 3 shall be strongly discouraged:3. the docking facilities shall not be located in Resources
    Protection Area 1 or 2; however main acess docks may be allowed to pass through Resources Protection Area 1 or 2 that are
    located along hte shoreline to reach an acceptab1e Resource Protection Area 3, provided that such crossing will generate
    minimal environmental impact; 4. Beginning July 1, 1986 new docking facilities may obtain at least only where the local
    governments have and adopted marina plan and /or policies      with the siting of sommercial/industrial and private,
    residential, multi-slip docking facilities in their local government comprehensive plan;5. the      of the docking
    facilities shall also take into account the access of hte boat traffic to avoid marine grassboats or other aquatic
    resources in the surrounding areas;6. the siting of new facilities within the preserve shall be secondary to the expansions
    of exisitng facilities within the preserve when such expansion is consistant with the other standards;7. the location of new
    facilities and expansion fo existing facilities shall consider the use of upland dry storage as an alternative to multiple
    wet-slip docking;8. marina     will be coroinated with local governments to insure consitency with all local plans and
    ordinances, 9. marinas shall not be     within        manatee sanctuaries and 10. in any areas with known manaite
    concentrations, manatee warning/notice and /or speed limit signs shall be erected at the manna and /or ingress and egress
    channels according to Floridas         Patrol specifications.(t) Exceptions to the         and criteria listed in rule
                          .Florida Administrative Coad may be considered but only upon demonstration by the applications that
    such exceptions are necessary to insure reasonalbe riparian ingress and egress. (6) MANAGEMENT AGREEMENTS : The board
    may    into management agreements with local agencies for the administration and environment of standards and criteria
    for provate residential single docks. Specific Authority 253.03 256.3(1) FS law implements 253.03, 256.41, 256.43(1). 256
        FS History-New        Amended               Editorial Note: The     amendment entirely            the former rule.
    18-20.005 Uses, Sales , Leasures or Transfer of interests in Lobor, or Materials, Held by the Board. Specific Authority
    256.43(1) FS. Law implemented 253.02, 253.12, 256.43 FS. History--New 2.25-81,      8-7-65. 15-20.006 Cumulative ImpactsIn
    Evaluating appkications for activies within the preserves or which may impact the preserves, the department  recognizes that
    while a particular situation of the preserve may consitute a minor change in the cumulative effect of numerous such changes often
    result in major impairments to the resourses of the preserve.Therefore the department shall evaluate a particular site for
    which the activity shall be considered in light of its cumulative impact on the preserved natural system.The departmant shall
    include as a part of its exaluation of an activity:(1) The number and extent of similar human actions within the preserve which
    have previously affected or are likely to affect the preserve,wether considered by the  department under its current authority
    or which existed prior to or since the enhancement of the Act:and (2) The similar activitts within the preserve which are currently
    considered by the department;and

    (3) Direct and indirect effects upon the preserve and adjacent preserves, if applicable, which may reasonably be expected to
    reasonably be expected to result from the activity: and
    (4) The extent to which the activity is consistent with management plans for the preserce, when developed: and
    (5) The extent to which the activity is permissible within the preserce in accordance with comprehensive plans adopted by
    affected local governments, puruant to section 163.3161, F.S., and other applicable plans adopted by local, state, and
    federal governmental agencies;
    (6) The extent to which the loss of beneficial hydrolic and biologic functions would inpact the quality or unity of the
    preserve;and
    (7) The extent to which mitigation measures may compensate for adverse impacts. Specific Authority 256.36, 256.43, 256.44 FS
    History New 2-25-81.
    Protection of Kiparian Rights Secific Authority 258.43(1) FS Law Implemented 258.123, 258.124(B), 256.44 FS History New 2-25-81
    Repeated 8-7-85
    Inclusion of Lantis, Title to Which Is Not Vested in the Board, in a Preserve.
    (1) Lands an water bottoms which are within designated aquatic preserce boudaries, or adjacent thereto and which are owned
    by other focernmental agencies, may be included in an aquatic preserce upon specific authorization for inclusion by an
    appropriate instrument in writing executed by the agency.
    (2) Lands and water bottoms which are within designated aquatic preserve boundaries or adjacent thereto, and which are
    in private ownership, may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate
    instrument in writing excuted by the owner.
    (3) The appropriate instrument shall be either a dedication in perpetuity, or a lease. Such lease shall contain the following
    conditions:
    (a) The term of the lease shall be for a minimum period of ten years.
    (b) The board shall have the power and duty to enforce the provisions of each lease agreement, and shall additionally have
    the power to terminate any lease if the termination is in the best interest of the aquatic preserve system, and shall have
    the power to include such lands in any agreement for management of such lands.
    (c) The board shall pay no more than $1 per year for any such lease. Specific Authority 258.43(1) FS Law Implemented 256.40,
    25841 FS History New 2-25-81.
    Establishment or Expansion of Aquatic Preserves.
    (1) The board may expand existing preserves or establish additional areas to be included in the aquatic preserve system,
    subject to confirmation by the legistature.
    (2) The board may after public notice and public hearing in the county or counties in which the proposed expanded or new
    preserve is to be located, adopt a resolution formally setting aside such areas to be included in the system.
    (3) The resolution setting aside an aquatic preserve area shall include:
    (a) A legal description of the area to be included. A map depicting the legal description shall also be attached.
    (b) The designation of the type of aquatic preserve.
    (c) A general statement of what is sought to be preserved.
    (d) A statement that the area established as a preserve shall be subject to the management criteria and directives of this
    chapter.
    (e) A directive to develop a natural resource inventory and a management plan for the area being established as an aquatic
    preserve.
    (4) Within 30 days of the designation and establishment of an aquatic preserve, the board shall record in the public records
    of the county or counties in which the preserve is located a legal description of the preserve.
    Specific Authority 258.43910 FS Law Implemented 258.41 FS History New 2-25-81
    Exchange of Lands. The board in it's descretion may exchange lands for the benifit of the preserve, provided that:
    (1) In no case shall an exchange result in any land or water area being withdrawn from the preserve; and
    (2) Exchanges shall be in the public interest and shall maintain or enhance the quality or utility of the preserve.

    Specific Authority 258.43(1) FS Law Implemented 258.41(5), 256.42(1) FS History New 2-25-81

    Gifts of Lands. The board in its descretion may accept any gifts of land or interests in lands within or contiguous to the
    preserve to maintain or enhance the quality and utility of the preserve
    Specific Authority 256.43(1) FS Law Implemented 258.42(5) FS History New 2-25-81

    Protection of Indiginous Life Forms. The taking of indigenous life forms for sale or commercial us e is prohibited, except
    that this prohibition shall not extend to the commercial taking of fin fish, crustacca or moliusks, except as prohibited
    under applicable laws, rules or regulations. Members of the public may exercise their rights to fish, so long as not
    contrary to other statutory and regulatory provisions controlling such activities.
    Specific Authority 256.43(1) FS Law Implemented 256.43(1) FS History New 2-25-81

    Development of Resource Inventories and Management Plans for Preserves.
    (1) The board authorizes and directs the dicision to develop a resource inventory and management plan for each preserve.
    (2) The division may perform the work to develop the invenroties and plans, or may enter into agreements with other
    persons to perform the work, in either case all work performed shall be subject ro board approval.
    Specific Authority 256.43(1) FS Law Implimented 253.03(7), 253.03(8) FS History New 2-25-81. Amended 8-7-85

    Editorial Note: The 8-7-85 amendment entirely superseded the former rule.

    Environment. The rules shall be enforced as provided in Section 258.46. Specific Authority 256.43(1) FS Law Implemented
    258.46 FS History New 2-25-81

    Application form.
    Specific Authority (253.43(1) FS Law Implemented 256.43 FS History New 2-26-81. Repeated 8-7-85

    Coordination with Other Governmental Agencies. Where a Department of Environmental Regulation permit is required for
    activities on sovereignity lands the department will coordinate with the Department of Environmental Regulation to obtain
    a copy of the joint Department of Army/Florida Department of Environmental Regulation permit application and the
    biological servey. The information contained in the joint permit application and biological assessment shall be considerd
    by the department in preparing its staff recommendations to the board. The board may also consider the reports of other
    governmental agencies that have related management or permitting reso\ponsibilities regarding the proposed activity.
    Specific Authority 253.43(1) FS Law Implemented 258.43 FS History New 2-25-81.

    Lake Jackson Aquatic Preserve. In addition to the previsions of Kuieses (20.001) in rough (20. The following requirements
    shall also apply ro all proposed activities within the Lake Jackson Aquatic Preserve. If any provisions of this Rule are
    in conflict with any provisions of Rules (18-20) through (15-20) or Chapter 73-534, Laws in Florida, the stronger
    provision for the prosecution or enhancement of the aquatic preserve shall prevail.
    (1) No further sale, transfer or lease of soveriegnity lands in the preserve shall be approved or consummated by the
    board, except upon a showing of extreme hardship on the part of the applicant or when the board shall determine such sale,
    transfer or lease to be in the public interest.
    (2) No further areaging or filling of sovereignity lands of the preserve shall be approved or tolerated by the Board of
    Trustees except:
    (a) Such minimum areaging and spoiling as may be authorized for public navigation projects or for preservation of the lake
    according to the expressed intent of Chapter 73-534, Laws of Florida: and
    (b) Such other alteration of physical conditions as may be necessary to enhance the quality or utility of the preserve.
    (3) There shall be no drilling of wells, excavation for shell or minerals, and no erection of structures (other than
    docks), within the preserve, unless such activity is associated with activity authurized by Chapter 73-534, Laws of
    Florida.
    (4) The Board shall not approve the relocations of bulkhead lines within the preserve.
    (5) Notwithstanding other provisions of this act, the board may, respecting lands lying within the Lake Jackson basin:
    (a) Enter into agreements for and establish lines delinecating sobereinity and privately owned lands;
    (b) Enter into agreements for the exchange and exchange sovereignity lands for privately owned lands;
    (c) Accept gifts of land within or contuguous to the preserve.
    Specific Authority 258.39(26) FS Law Implemented 258.39(26) FS History New 8-7-85

                    APPENDIX C.							harvesting, public recreation, and fish and wildlife
    											propagation and management;
    											   (5)  To insure that all public and private
    											activities on sovereignty lands and generate
    											revenues or exclude traditional public uses provide
    											just compensation for such privileges; and,
    											   (6)  To aid in the implementation of the State
    											Lands Management Plan.
    											Specific Authority 253.03(7) FS, Art. X, Sec 11, Fla.
    											Const. Law Imprlemented 253.03, 253.12 FS History -
    											New 3-27.82.

    											    16Q-21.02 Scope and Effective Date.
    											    (1) These rules are to implement the
       CHAPTER 16Q-21									administrative and management responsibilities of
    SOVEREIGNTY SUBMERGED LANDS							the board and department regarding sovereignty
       MANAGEMENT									lands.  Responsibility for environmental permitting
    											of activities and water quality protection on
    16Q-21.01   Intent.								sovereignty and other lands is vested with the
    16Q-21.02   Scope and Effective Date.					Department of Environmental Regulation.  These
    16Q-21.03   Definitions.							rules are considered cumulative; therefore, a person
    16Q-21.04   Management Policies, Standards,				planning an activity should consult other applicable
    		and Criteria.							department rules (Chapter 16Q-20, Florida
    16Q-21.05   Procedures.								Administrative Code and others) as well as the rules
    16Q-21.06   Applications - General						of the Department of Enviornmental Regulation.
    		Information.							    (2)  These rules are prospective in their
    16Q-21.07   Applications for Consent of Use. 				application and shall not apply to activities for
    16Q-21.08   Applications for Lease.						which applications have been submitted to the
    16Q-21.081	Application	for Grandfather					department or the Deparment of Environmental
                Structure Registration                                Regulation prior to the adoption date of these rules
    16Q-21.09   Applications for Public Easement                      and shall not affect previous actions of the board
    16Q-21.10   Applications for Private Easement                     concerning private docks or the issuance of any
    16Q-21.11   Payments and Fees for Standard                        easements, lease, or any disclaimer concerning
     		Leases, Easements, and Severed			      sovereignty lands. Fee arrangements in existing
                Dredge Materials.                                     leases are not subject to the fees of this rule until
    16Q-21.12   Spoil Islands							expiration of said leases unless otherwise specified
    16Q-21.13   Applications to Purchase Lands				in the lease instrument.
    		Riparian to Uplands.						    (3) Docks, piers, and other such structures on
    16Q-21.14   Disclaimers to Confirm Title to				sovereignty "lands in existence prior to March 10,
                Filled Formerly Sovereignty                           1970 shall be subject to the provisions of this rule                                                                                                                                         (6) To aid in the implementation of the State
    16Q-21.15   Quitclaims to Clear Title to Filled                   commencing on January 1, 1998. Any expansions to
                Formerly Sovereignty Lands.                           such stuctures shall be subject to the provisions of
    16Q-21.16   Applications to Reclaim Lands                         this rule, if any expansion thereto requires the use of
                Lost Due to Avuision or Aritficial                    any Additional sovereignty lands.
                Erosion                                                   (4) Docks, piers, and other such structures on
                                                                      sovereignty lands in existence prior to March 10,
                                                                      1970 and which would require a lease pursuant to
                                                                      Section 16Q-21.05(1)(b), Florida Administrative
                                                                      Code, shall be required to register the structures
                                                                      with the department before June 30, 1984.
                                                                          (5) Any expansion of an existing activity shall be
                                                                      subject to the provisions of this rule.
         Library References: Lakes: Distinguishing Them from          Specific Authority 253.03(7) FS. Law Implemented                                                 Lands.                                       1970 and which would require a I             pursuant it)
         Wet Prairies, James R. Brindell, 57 Fla. Bar J. 724          253.03, 253.12, 253.77 FS. History--New 8-27-82,
         (December, 1983).                                            Amended 8-1-83.

            16Q-21.01 Intent. The intent and purpose of                   16Q-21.03 Definitions. When used in these
         this rule is:                                                rules, the following shall have the indicated
            (1) To aid in fulfilling the trust and fiduciary          meaning unless the context clearly indicates
         responsibilities of the Board of Trustees of the             otherwise:
         Internal Improvement Trust Fund for the                          (1) "Accreation" means the process of gradual
         administration, management and disposition of                and imperceptible additions of sand, sediment, or
         sovereignity lands;                                          other material to riparian lands made by the natural
            (2) To insure-maximum benefits and use of                 action of water which results in dry lands formerly
         sovereignty lands for all the citizens of Florida            covered by water.
            (3) To manage, protect, and enhance                           (2) "Activity" means any use of sovereignty
         sovereignty lands so that the public may continue to         lands which requires board approval for consent of
         enjoy traditional uses including, but not limited to,        use, lease, easement, sale, or transfer of interest in
         navigation, fishing, and swimming;                           such sovereignty lands or materials.  Activity
            (4) To manage and provide maximum                         includes, but is not limited to, the construction of
         protection for all sovereignty lands, especially those       docks, piers, boat ramps, board walks, mooring

                             pilings, dredging of channels, filling, removal of              the general public on a first come, first served basis.
                             logs, sand, silt, clay, gravel or shell and the removal         This is intended to cover services offered to various
                             as planting of vegetation on sovereignty lands.                 types, classes or groups of public users and such                                     I
                                (3) "Applicant means any person making                       services need not to be comprehensive. The service
                             application for a lease, sale, or other form of                 offered may be a specialty service such as boat
                             conveyance of an interest in sovereignty lands or any           repair, seafood purchasing, marine slip rentals or
                             other necessary form of governmental approval for               shipping terminals as long as all services offered are
                             an activity on sovereignty lands.                               opcn to the general class of users without any
                                 (4) "Artificial accretion" means the addition of            qualifying requirements such as club membership
                             sand, sediment, or other material to riparian lands             or stock ownership.
                             caused by man-made projects and operations which                     (19) "Lease" means an interest in sovereignty
                             results in dry lands formerly covered by water.                 lands designated by a contract creating a landlord-
                                 (5) "Artificial erosion" means the loss or                  tenant relationship between the board as landlord
                             washing away of sand, sediment, or other material               and the applicant as tenant whereby the board
                             from riparian property caused by man-made                       grants and transfers to the applicant the exclusive
                             projects and operations which result in submerged               use, possession, and control of certain specified
                             lands formerly not covered by water.                            sovereignty lands for a determinate number of
                                 (6) "Avulsion" means the addition to or loss of             years, with conditions attached, at a definite Fixed
                             riparian property caused by the sudden and                      rental.
                             perceptible natural action of water.                                 (20) "Management agreement"       means       a
                                 (7) "Acqluaculture" means the cultivation of                  contractual agreement between the board and one or
                             animal or plant life in an aquatic environment.                   more parties which dots not create an Interest In real
                                 (8) "Board" means the Governor and Cabinet                    property but merely authorizes conduct of certain
                             sitting as the Board of Trustees of the Internal                  management activities on lands held by the board.
                             Improvement Trust Fund.                                              (21) "Marginal dock" means a Fixed or floating
                                 (9) "Channel" means a trench, the bottom or                   structure placed Immediately contiguous and
                             which is normally covered entirely by water, with                 parallel to an established seawall, bulkhead or
                             the upper edges of its sides normally below water.                revetment.
                                 (10) "Coastal barrier islands" means   a                         (22) "Mean high water" means the average
                             depositional geologic feature consisting of                       height of the high tides over a 19-year period. For
                             unconsolidated sedimentary Materials in an island                 shorter periods or observation, "mean high water"
                             configuration which is subject to direct attack by                means the average height Of the high waters after
                             wave, tidal, and wind energies originating from the               corrections are applied to eliminate known
                             Atlantic Ocean or Gulf of Mexico, and which serves                variations and to reduce the result to the equivalent
                             to protect landward aquatic habitats, such as hays                of a mean 19-year value.
                             and estuarties, and the interior uplands of the                      (23) "Mean high water line" means the
                             mainland from oceanic wave, tidal, and wind forces.               intersection' of the local elevation of mean high
                                 (11) "Consent of use" means a nonpossessory                   water with the shore. Mean high water line along
                             interest in sovereignty lands created by an approval              the, shore of land immediately bordering on
                             which allows the applicant the right to erect specific            navigable waters is recognized and declared to be
                             structures or conduct specific activities on said                 the boundary between the foreshore owned by the
                             lands.                                                            State of Florida in its sovereign capacity and the
                                 (12) :Department" means the State of Florida                  uplands subject to private ownership. However,no
                             Department of Natuarl Resources, as administrator                 provision of this rule shall be deemed to impair the
                             for the board.                                                    title to privately owned submerged lands validly
                                 (13) "Division" means the Division of State                   alienated by the State of Florida or its legal
                             Lands which performs all staff duties and functions               predecessors.
                             related to the administration of lands, title to which               (24) "Nomination" means a proposal for an oil
                             is or will be vested in the hoard pursuant to Section             and gas lease.
                             253.002, Florida Statutes.                                           (25) "Person" means  individuals, minors,
                                 (14) "Dock" means a fixed or floating structure               partnerships, corporations, joint ventures, estates,
                             including mourings, used for the purpose of                       trusts, syndicates, fiduciaries, firms, and all other
                             berthing boyant vessels.                                          associations and combinations, whether public or
                                 (15) "Easement" means a non-possessory                        private, including governmental entities.
                             interest in sovereignty lands created by a grant or                    (26) "Preempted area" means the area of
                             agreement which confers upon the applicant the                    sovereignty lands from which the traditional public
                             limited right, liberty, and privilege to use said lands           uses have been or would be excluded to any extent
                             for a specific purpose and for a specific time.                   by an activity. The area may include, but is not
                                 (16) "Energy    production"   means      the                  limited to, the sovereignty lands occupied by the
                             exploration for, and extraction of, hydrocarbons,                 docks and other structures, the area between the
                             including necessary transmission through pipelines,               docks and out to any mooring pilings, and the area
                             or the water-oriented activities related to the                   between the docks and the shoreline. If the activity is
                             generation of electricity.                                        required to be moved waterward to avoid dredging
                                 (17) "Fill" means materials from any source,                  or disturbance of nearshore habitat, a reasonable
                             deposited by any means onto sovereignty lands,                    portion of the nearshore area that is not impacted by
                             either for purpose of creating new uplands or for                 dredging or structures shall not be included in the
                             any other purpose, including spoiling or dredged                  preempted area.
                             materials.                                                             (27) "Public interest" means demonstrable
                                 (18) "First come, first served" means any                   enviromental, social, and economic benefits which
                            water dependent facility operated an the sovereign               would accrue to the public at large as a result of a
                            lands of the state the services of which are open to             proposed action, and which would clearly exceed all

                                 costs of the proposed action. In determining the           direct access to the water body or sovereignty lands
                                 public interest in a request fpr use, sale, lease or       for transportation, recreation, energy production or
                                 transfer of interest in sovereignty lands or severance     transmission, or source of water, and where the use
                                 of materials from sovereignty lands, the board shall       of the water or sovereignty lands is an integral part
                                 consider the ultimate project and purpose to be            of the activity.
                                 served by said use, sale, lease, or transfer of lands or   Specific Authority 253.03(7) FS. Law Implemented
                                 materials.                                                 253.03 FS. History--New 9-26-77, Formerly 16C-12.01,
                                    (28) "Public navigation project" means, an              16Q-17.01, Amended 3-27-82, 8-1-83.
                                 activity primarily for the purpose of navigation              16Q-21.04 Management Policies, Standards,
                                 which is authorized and funded by the United States        and Criteria. The following management policies,
                                 Congress or by port authorities as defined by              standards, and criteria shall be utilized in
                                 Section 315.02(2), Florida Statutes.                       determining whether to approve, approve with
                                    (29) "Public utilities" means those services,           conditions or modifications, or deny all requests for
                                 provided by persons regulated by the Public Service        activities on sovereignty lands.
                                 Commission, or which arc provided by rural                       (1) General Proprietary
                                 cooperatives, municipalities, or other governmental              (a) For approval, all activities on sovereignty
                                 agencies, including electricity, public water and            lands must be not contrary to the public interest,
                                 wastewater services, and structures necessary for            except for sales which must be in the public interest.
                                 the provision of these services and transmission lines           (b) All cases, casements, deeds or other forms of
                                 for public communication systems such as                      approval for sovereignty land activities shall contain
                                 telephone, radio and television.                              such terms, conditions, or restrictions as deemed
                                    (30) "Public water management project" means               necessary to protect and manage sovereignty lands.
                                 an activity primarily for the purpose of flood                   (c) Equitable compensation shall be required for
                                 control, conservation, recreation, water storage and          ]cases and casements which generate revenues,
                                 supply, and allied purposes, which is authorized              monics or profits for the user or that limit or
                                 and funded by the United States Congress, the State           preempt general public use. Public utilities and
                                 of Florida, or a water management district as                 state or other governmental agencies exempted by
                                 defined  by Section 373.069, Florida Statutes.                law shall be excepted from this requirement.
                                    (31) "Revenue"generating/income    related                   (d) Activities on sovereignty lands shall be
                                 activity" means an activity on sovereignty lands              limited to water dependent activities only unless the
                                 which produces income, through rental or any other            board determines that it is in the public interest to
                                 means, or which serves as an accessory facility to            allow an exception as determined by a case by case
                                 other rental, commercial, or industrial operations.           evaluation. Public projects which are primarily
                                 It shall include, but not be limited to, docking for          intended to provide access to and use of the.
                                 marines, restaurants, hotels, motels, commercial              waterfront may be permitted to contain minor uses
                                 Fishing, shipping, and boat or ship construction,             which are not water dependent if:
                                 repair and sales,                                                1. located, in areas along seawalls or other
                                    (32) "Reclamation or lands" means restoring                nonnatural shorelines;
                                 the upland shoreline to a condition that existed prior           2. located outside of aquatic preserves or class 11
                                 to avulsion or artificial erosion.                           waters; and,
                                    (33) "Riparian rights" means those rights                     3. the nonwater dependent uses are incidental to
                                 incident to lands bordering upon navigable waters,           the basic purpose or the project, and constitute only
                                 as recognized by the courts and common law.                  minor nearshore encroachments on sovereign lands.
                                    (34) "Sale" means a conveyance or transfer of                (c) Stilt house, boathouses with living quarters,
                                 title of sovereignty lands in fee simple by the board,       or other such residential structures shall be
                                 for consideration.                                           prohibited on sovereignty lands.
                                    (35) "Satisfactory evidence of title" means a                (f) The State Lands Managaement Plan shall be
                                 current title Insurance policy issued by a title             considered    and     utilized   in     developing
                                 Insurance company authorized to do business in the           recommendations for all activities on sovereignty
                                 State of Florida, or an opinion of title prepared by a       lands.
                                 involved and indicating, at least, such minimum                  (g) The use of sovereignty lands for the purpose
                                 interest in the applicant which may entitle the               of providing road access to islands, where such
                                 applicant to the relief sought, or such affidavits as         access did not previously exist, shall be prohibiited.
                                 currency of title status of an applicant.                     The board may grant an exception to this
                                    (36) "Sovereignty lands" means those lands                 prohibition if the board makes an exception to this
                                 including but not limited to, tidal lands, islands,           resources and sovereignty lands than other access
                                 sand bars, shallow banks, and lands waterward of              prohibition if the board makes a finding that:
                                 the ordinary or mean high water line, under                       1. Construction and use of road access is the least
                                 navigable fresh and salt waters, to which the State of        damaging alternative and more protective of natural
                                 Florida acquired title On March 3, 1845, by virtue            resources and sovereighnty lands than other access
                                 statehood, and which have not been heretofore                 activities; and,
                                 conveyed or alienated.                                            2. In the case of coastal barrier islands, such use
                                     (37)  "Spoil island" means any artificially               of sovereignty lands and any upland development
                                 created island having an elevation above water upon           facilitated thereby is in the public interest, or in the
                                 formerly submerged sovereignty lands, title to                case of other islands, not contrary to the public
                                 which is vested in the board.                                 interest.
                                 activity which can only be conducted on, in, over, or             (h) When one or more exapansions to existing
                                                                                               grandfathered lease facilities equal 50 percent or
                                                                                               more of the grandfathered facility then the
                                                                                              grandfathered facility will be required to come
                                                                                               under lease.
                                                                                                   (i) All existing licenses shall be converted to

                                    (2) Resource Management:                                      the prohibited area if said lease stipulates that any
                                    (a) All sovereignty lands shall be considered                 drilling shall be conducted from outside area.
                                single use lands and shall be managed primarily for                  (3) Riparian Rights
                                the maintenance of essentially natural conditions,                   (a) None of the provisions of this rule shall be
                                propagation of Fish and wildlife, and traditional                 implemented in a manner that would unreasonably
                                recreational uses such as fishing, boating, and                   infringe upon the traditional, common law riparian
                                swimming.Compatible secondary purposes and                        rights of upland property owners adjacent to
                                uses which will not detract from or interfere with                sovereignty lands.
                                the primary purpose may be allowed.                                  (b) Applications for activities on sovereignty
                                (b) Activities which would result In significant                  lands riparian to uplands can only be made by and
                                adverse impacts to sovereignty lands and associated               approved for the upland riparian owner, their
                                resources shall not be approved unless there is no                legally authorized agent, or persons with sufficient
                                reasonable alternative and adequate mitigation is                 title interest in uplands for the intended purpose.
                                proposed.                                                            (c) All structures and other activities must be
                                    (c) The     Department      or      Environmental             within the riparian rights area of the applicant and
                                Regulation biological assessments and reports by                  must be designed in a manner that will not restrict or
                                other agencies with related statutory, management,                otherwise infringe upon the riparian rights of
                                or regulatory authority may be considered in                      adjacent upland riparian owners.
                                evaluating specific requests to use sovereignty lands.               (d) All structures and other activities must be set
                                Any such reports sent to the department in a timely               back a minimum of 25 feet from the applicant's
                                manner shall be considered.                                       riparian rights line. Marginal docks may be set back
                                    (d) Activities shall be designed to minimize or               only 10 feet. There shall he no exceptions to the
                                eliminate any cutting, removal, or destruction or                 setbacks unless the applicant's shoreline frontage is
                                wetland vegetation (as listed in Rule 17-4.02(17),                less than 65 feet or a sworn affidavit of no objection
                                Florida Administrative Code) on sovereignty lands.                is obtained from the affected adjacent upland
                                    (c) Reclamation activities on sovereignty lands               riparian owner, or the proposed structure is a
                                shall be approved only it avulsion or artificial                  subaqueous utility line.
                                erosion is affirmatively demonstrated. Other                      Specific Authority 253.03(7) FS. Law Implemented
                                activities involving the placement of fill material              253.03, 253.12, 253.14, 253.47, 253.67, 73 FS.
                                below the ordinary high water line or mean high                   History--New 3-27-82, Amended 8-1-83
                                water line shall not be approved unless it is                        16Q-21.05 Procedures
                                necessary to provide shoreline stabilization, access                 (1) All activities on sovereignty lands shall
                                to navigable water, or for public water management                require a lease, easement, consent of use or other
                                protects.                                                         form of approval. The following shall be used to
                                    (f) To the maximum extent possible, shoreline                 determine the form of approval required:
                                stabilization should be accomplished by the                          (a) Consent of Use - is required for the
                                establishment of appropriate native wetland                       following activities, provided that any such activity
                                vegetation. Rip-rap materials,  pervious                          not located in an Aquatic Preserve or Manatee
                                interlocking brick systems, filter mats, and other                Sanctuary and which is exempt from Department of
                                similar stabilization methods should be utilized in               Environmental          Regulation   permitting
                                lieu of vertical seawalls wherever feasible.                      requirements under Section 403.813(2)(a),(b),(c),
                                    (g) Severance of materials from sovereignty                   (d),(e),(g),(h),(i), and (k). Florida Statutes is
                                lands shall be approved only if the proposed               hereby exempted from any. requirement to make
                                dredging is the minimum amount necessary to                application for consent of use, and such consent Is
                                accomplish the stated purpose and is designed to          herein granted by the board:
                                minimize the need for maintenance dredging.                          I. A single dock or access channel which is no
                                    (h) Severance of materials for the primary                     more than the minimum length and size nercessary to
                               purpose of providing upland Fill shall not be shall not be          provided reasonable access to navigable water;
                                approved unless no other reasonable source of                      2. Docks, access channels, boat ramps, or other
                                materials is available or the activity is determined to           activities which preempt no more than 1,000 square
                                be in the public interest.                                        feet of sovereignty land area for each 100 linear feet
                                    (i) Activities on sovereignty lands shall be                  of shoreline in the applicants ownership (see
                                designed to minimize or eliminate adverse impacts                 "preempted area" definition Rule 16Q-21.03(25).
                                on Fish and wildlife habitat. Special attention and               Florida   Administrative Code).       Proportional
                                consideration shall be given to endangered and                    increased in the 1,000 square foot threshold can be
                                threatened species habitat.                                       added for fractional shoreline increments over 100
                                    (j) To the maximum extent feasible, all beach                  linear feet;
                                compatible dredge materials shall be placed on                       3. Marginal docks and mooring pilings along an
                                beaches or within the nearshore sand system.                      existing seawall, bulkhead or revetment;
                                    (k) Oil and gas drilling leases on state-owned                     4. Replacement or construction of bulkheads or
                                submerged lands shall be approved only when the                   seawalls at or within three feet waterward of the
                                proposed lease area is at least one mile seaward of               line of mean high water;
                                the Outer coastline of Florida as defined in United                  5. Placement of riprap at or within ten fee:
                                States v. Florida, 425 U.S. 791, 48 L. Ed. 2d 388,               waterward of the line of mean high water;
                                96 5. CL. 1840, upon adequate demonstration that                     6. Dredging Or Other removal or sovereignty
                                the proposed activity is in the public interest, that                   materials;
                                the impact upon aquatic resources has been
                                thoroughly considered, and that every effort has             7. Renourishment of publicly owned beaches;
                                been made to minimize potential adverse impacts                      and

                                                                                              8. Artificial reefs for public use.

                  1. Docks: boat ramps, or owner such activities                   Specific Authority
                    which are larger than those which can be approved               253.03 FS.History -New 3-27-82.
                    under consent Of use(Section 16Q-21.05(l)(a),                       16Q-21.07 Applications for concent of Use.
                   -Florida Adminisrative Code);                                       (1) Applications for consent of use shall include
                 2. All revenue generating/income related                          the following.
                      activities;
                 3. Grandfather structures upon sale,                             (a) Name, address and telephone number of
                    reassignment or other form of conveyance or                     applicant and applicant's authorized agent, if
                     transfer;                                                        applicable;
                  4. Existing licenses upon the date of expiration                 (b) Location of the proposed activity including:
                    or renewal.                                                      county; section, township and range; affected
                                                                                    waterbody; and a vicinity map, preferably a
                     5.   Aquaculturc;                                            reproduction of the appropriate portion of United
                    6.   Oil and gas exploration and development; and
                         7.   Dead shell and other mining.                            States Geological Survey quadrangle map;
                       (c) Easement - is required for.                                  (c) Satisfactory evidence of title in subject
                         I .  Utility crossings and rights of way;                    riparian upland property or demonstration or
                        2.   Road and bridge crossings and rights of way;            sufficient title interest in uplands for the intended
                        3.   Groins, breakwaters,and other such shoreline            purpose;
                       protection structures;                                               (d) A detailed statement of the proposed activity;
                        4.   Public navigation projects channels ;                      (c) Multiple boat slip facilities may require an
                     6.   Spoil disposal sites;                                        (f) Two copies or a dimensioned site plan
                        7.   Borrow areas for beach renourishment; and               drawing(s) with the following requirements:
                     8.   Canals, channels, and other public water                    1. utilizing an appropriate scale on 8 1/2" X
                       management structures.                                           11" size paper;
                      (d) Management Agreement - is required for:                  2. showing the approximate water's edge;
                      1. Management and protection activities which                    3. showing the location of the shoreline
                         do not require title interest in State lands. Such               vegetation, if existing;
                    activities may include, but are not limited to,                    4. showing the location or the proposed
                    endangered species, rookery, preserve, sanctuary                   structures and any existing structures;
                protection, and management of educational,                           5. showing the applicant's upland parcel
                     recreational, or scientific Study areas.                         property lines; and,
                      (c) Grandfather structure registration - is                      6. showinq the primary navigation channels or
                       required for:                                                    direction to the center of the afferted waterbody.
                             1. Docks, piers and other Such structures on                     (g) If dredging is proposed an estimate of the
                         sovereignty lands in existence prior to March 10,                number or cubic yards of sovereignty materials to be
                        1970 which do not now have a lease but would                     removed showing how the amount was calculated .
                      require a lease pursuant to Section                              Specific Authority 253.03(7) FS. Law Implemented
                      16Q-21.05(l)(b), Florida Administrative Code.                    253.03, 253.12, 253.77 FSHistory -News- 3-27-82.
                        2. Docks, piers and other such structures which
                       were approved by the Board or department between                     16Q-21.0q8. Applications for Lease.
                  March 10, 1970 and March 27, 1982 which would                    Applications for leases  are divided into four
                       now require a lease pursuant to Section                            categories. All leases, except aquaculture, oil and
                       16Q-21.05(1)(b), Florida Administrative Code.                    gas, and dead shell mining, are handled under the
                            (2) All requests for purchases, disclaimers, and             standard lease provisions.
                        quitclaims soverignty lands shall be processed in                 (1) Standard Lease
                        accordance with Rules 160-21.13, 160-21.14, and                   (a) Applications for standard leases shall
                        16Q-21.15,Florida Administrative Code,                             include the following:
                      respectively.                                                        1. Name, address and telephone number of,
                          (3) All requests for sales, exchanges, leases, and           applicant and applicant's authorized agent, if
                      private bridge or road, casements on sovereignty                 applicable.
                         lands shall be procssed in accordance with the                     2. Location of the proposed activity Including:
                         notice and hearing requirements of Section 253.115,              county; section, township , and range; affected
                     Florida Statutes.                                                waterbody; and a vicinity map, preferably a
                       Specufic Authority 253.03(7)FS. Law Implemented                     reproduction of the appropriate portion of United
                       253.03, 177.27 FS. History-New 9-26-77, Formerly                 States Geological Survey quadrangle mar).
                     16C.12.01, 16Q-17.01, Amended 3-27-82, 8-1-83.                       3. Satisfactory evidence of title in applicant's
                         16Q-21.06 Applications -  General                             riparian upland property.

                  Information.                                                        4. Two prints of a survey prepared, signed, and
                     (1) Most activities on sovereignty lands will also           scaled by a person properly licensed by the Florida
                                                                                         State Board of Land Surveyors with the following
                      require a permit from the Department of                          requirements:
                      Environmental Regulation. Much of the                         i. utilizing an appropriate scale on 8 1/2" X
                      information required for applications under this                 11" size paper (unless a larger size is necessary to
                      rule has been intentionally designed to be identical
                        to information required for the Department of                    provide sufficient clarity and detail);
                       Environmental Regulation permit applications.                 ii. showing the line of ordinary or mean high
                                                                                          water;
                    Therefore, if a Department of Environmental                     iii. showing,the location of the shoreline
                    Regulation permit is also required. a copy of the
                    application on file with the Deparment of                             vegetation, if existing;
                                                                                      iv. showing the location of the proposed
                  Environmental Regulation will satisfy many of the

                	     structures and any existing structures,
    	                           v. showing the applicants upland parcel     		  such activities;
                          property lines;                                         		 5. Statement evidencing that the lease is in the
                               vi. showing the primary navigation channels or             public interest;
                          direction to the center Of the affected waterbody;                   6. Names and addresses, as shown on the latest
                          and,                                                             county tax assessment roll, of each owner of
                               vii. including a legal description of preempted             property lying within 1,000 feet of the parrel
                          area to be leased (see definition, Rule 16Q-21.03                 sought, certified by the county property appraiser;
                          (25), Florida Administrative Code).                                 7. Statement of the impact of the proposed use of
                               5. A list of names and addresses of all property            the parcel sought on the ecology of the area; and
                          owners within a 1,000 foot radius of the proposed                   8. A S200 non-refundable processing fee.
                          lease area, verified by the County Property                           (b) If the board determines to lease the parcel
                          Appraiser's Office, that these names came from the               sougt, the lease shall be by competitive bid. The
                          latest tax assessment rolls. The names and addresses            department shall cause notice of such lease to be
                          shall be clearly typed and acceptable to the                     published in a newspaper in the county in which the
                          department, preferably on labels suitable for                    parcel is situated once a week for four consecutive
                          mailing.                                                          weeks. A copy of the notice shall also be sent to the
                               6.  Current local zoning and status of any local            county commission. Such notice shall contain the
                          government approvals necessary for activities.         		   following:
                               7. Florida Department of Revenue registration                   1. Legal description and acreage of parcel
                          number. Leases without sales tax exemption                       sought;
                          certificate shall be subject to the Florida State sales              2. Terms of the lease acceptable to the board;
                          tax.                                                                 3. Deadline, time, and date, for the receipt of all
                               8. A $200.00 non-refundable processing fee.                 bids;
                               9. Computation of lease fee including the total                 4. Address to which all bids shall be sent; and
                          square footage of preempted sovereignty land to be                   5. The date, time, and place of the opening of
                          leased (see Rule 16Q-21.11(1) and definition, Rule              bids.
                          16Q-21.03(25), Florida Administrative Code).                         (c) Competitive bids for aquaculture leases shall
                               10. If dredging is proposed, an estimate of the             be written offers of a cash consideration which shall
                          number of cubic yards of sovereignty materials to be             include the advertised fee for the First least year, the
                          removed showing how the amount was Calculated.                   amount offered above such fee for said First year
                               (b) Terms and conditions shall include but not              being a competitive bid. Thc cash consideration
                          be limited to the following:                                    offered shall accompany the written offer and shall
                               1. Initial payment of annual lease fee shall be             be returned to the unsuccessful bidders either upon
                          made within 90 days of lease approval by the Board.              award of the lease or upon rejection of all bids.
                          A validated lease will be transmitted to the                         (d) A lease shall not be approved by the board
                          applicant upon receipt of initial payment and                    when a resolution of objection, adopted by a
                          acknowledgment of issuance of the Department of                  majority of the county commissioners of the county
                          Environmental      Regulation       permit,   where      	in which the parcel sought is situated, has been filed
                          applicable.                                                      with the department within 30 days of the date of
                               2. Leases shall be for a term of up to 25 years and            first publication of the notice of lease.
                          renewable at the option of the board. Leases shall                  (c) A lease shall not be approved for a parcel
                          include provisions for lease fee adjustments and                 larger than the applicant can utilize efficiently;
                          payments annually.                                               however, the board may reserve a reasonable
                               3. All leases shall be assignable, in whole or in           amount of submerged land adjacent to a parcel
                          part,	upon     the    approval    of    the     board.     under experimental lease for the lessee, when
                          Non-compliance with any term of an executed lease               beginning operation under a commercial lease.
                          may be grounds for cancellation of the lease.                        (1) Each lease shall contain the following:
                               4. Upon expiration or cancellation of a lease, the              1. The term of the lease which shall not exceed
                          lessee shall remove all structures and equipment                  10 years;
                          from the leased area within 180 days after such                      2. The amount of fee per acre leased to be paid
                          expiration or cancellation, at the option of the                 on or before January 1 each year which shall take
                          board. If the lessee fails to remove the structures and           the form of:
                          equipment thereon, the board shall at its option and             - i. Fixed fee to be paid throughout the term of the
                          after 10 days from receipt of written notice by                  lease; or
                          certified mail to the lessee, have the structures and                ii. Basic fee to be paid throughout the term of the
                          equipment removed at the expense of the lessee.                  lease plus royalies based upon the productivity of
                               (2) Aquaculture Lease                                       the aquaculture after the first year;
                               (a) Applications for aquaculture leases shall                   3. The disposition   to  be    made    of 	all
                          include the following:                                           improvements and animal and plant life upon the
                               1. Name and address of the applicant;                     termination or cancellation of the lease.
                               2. Legal description and acreage of the parcel                  4. The right to assignment, in whole or in part.
                          sought;                                                          upon the approval of the board.
                               3. Two prints of a survey of the parcel sought                  (g) Failure to perform the aquaculture activities
                          prepared, signed, and sealed by a person properly                for which the lease was granted shall be grounds for
                          licensed by the Florida State Board of Land                      cancellation of the lease and forfeiture to the State of
                          Surveyors or an agent of the federal government                  Florida of all the work, improvements, animal and
                          acceptable to the department;                                    plant life in and upon the parcel leased. In addition,
                               4. Description of the aquaculture activities to be         a surety bond is required.
                          conducted, including whether such activities are to                  (h) The parcel leased shall be identified, well
                          be experimental or commercial, and an assessment              marked, and shall have, except when, it will

                              interfere with the development of the animal and                  (d) Two copies of a dimensioned site plan
                              plant life being cultivated by the lessee, reasonable          drawing(s) with the following requirements:
                              public access for boating, swimming and fishing.                 1. Utilizing an appropriate scale on 8 1/2' X
                              All limitations on the public use of the parcel leased        11'size paper;
                              as set forth in the lease shall be clearly posted in              2. Showing the approximate waters edge;
                              conspicuous places by the lessee. Each parcel leased              3. SHowing the location of the grandfathered
                              shall be marked in compliance with the rules and               structures;
                              regulations of the Department, U. S. Coast Guard,                 4. Showing the applicant's upland parcel
                              and U. S. Army Corps of Engineers.                            property lines;
                                  (3) Oil and Gas Lease                                         (c) Dated aerial photography, previously issued
                                  (a) Applications for nominations for the lease of          permits or authorizations, or other satisfactory
                              sovereignty lands in which the State of Florida holds          information which verifies that the structures
                              an interest in the petroleum or petroleum products             qualify as grandqfathered structures.
                              shall include the following:                                      (1) A S200.00 non-refundable processing and
                                  I .Name  and address   of the applicant or            registration fee.
                              nominee;                                                       Specific Authority 253.03(7) FS. Law Implemented
                                  2. Legal   description of the parcel sought                253.03, 253.71 FS. History--New 8-1-83.
                              including the surface acreage; this description may
                                                            			                 16Q-21.09 Applications     for         Public
                              utilize the submerged land blocks approved by the              Easement.
                              board on March 17, 1981;                                        (1) Applications    for    casements     across
                                  3. Identification of the state agency vested with          sovereignty land for public purposes such as
                              the ownership of the petroleum products;                       utilities, bridges, and roads, shall include the
                                  4. Percentage of the petroleum interests held by
                              the state:                                                     following:
                                  5. Identification of any municipal corporation in           (a) Name, address, and telephone number of
                              which all or part of the parcel sought is located or           applicant and applicant's authorized agent;
                              Within 10 miles thereof;                                          (b) Location of the proposed activity including:
                                  6. Identification of any improved beach outside a          county; section, township and range; affected
                                                                                             waterbody; and a vicinity map, preferably a
                              municipal corporation or lands in the tidal waters of
                              the State of Florida abutting on or immediately                  reproduction of the appropriate portion of a United
                                                                                      		States Geological Survey Quadrangle Map;
                              adjacent to any improved beach in which or part of
                                                                                              (c) Satisfactory evidence of title or extent of
                              the parcel sought is located or within 3 miles thereof;
                              and                                                            interest Of the applicant to the riparian uplands or
                                   7. A S200 non-refundable processing fee.                    consent of upland owners for proposed use;             . -
                                                                          I                    (d) A detailed statement of proposed use. If the
                                  (b) Competitive bids for oil and gas leases shall 	   applicant is a local governing body, the request shall
                              be written offers of a cash consideration including           be by official resolution;
                              the advertised fee for the first lease year, the amount           (e) Two prints of a survey prepared, signed, and
                              offered abovd said fee being the competitive bid. The                 sealed by a person properly licensed by the Florida
                              cash consideration offered shall accompany the                 State Board of Land Surveyors meeting the
                              written offer by certified or cashier's check made           following requirements:
                              payable to the department and shall be returned to               1. utilizing an appropriate scale on 8 1/2' X
                              the unsuccessful bidder upon award or the lease or             11'size paper;
                              upon rejection of any and all bids. All bids must
                              contain a certified statement as to the bidder's state           2. showing boundaries of the parcel sought;
                              least holdings pursuant to Section 253.512, Florida              3. showing ownership lines of the riparian
                              Statutes.                                                     uplands;
                                  (4) Dead Shell Lease                                          4. showing the line of ordinary or mean high
                                                                                             water;
                                  Applications for leases to remove dead shells
                              shall be submitted to and processed by the Division          	  5. showing the location of the shoreline
                                                                                             vegetation, if existing;
                              of Marine Resources of the Department.  The         		  6. showing the location or any proposed or
                              issuance of all such leases is subject to approval by        existing structures; and,
                              tthe board.                                                        7. including a legal description and acreage of
                              Specific Authority     253.03(7).   253.73   FS. Law
                              Implemented   253.03.    253.12.    253.115.    253.47.     the parcel sought;
                              2253.67_75. 370.16 FS. History--New 12-20-78.                  (1) Written comments from the Department of
                              Formerly    16C-12.14, 16Q-17.14, Amended 3-27-82,         Environmental Regulation, when applicable, in the
                              8-1-83.                                                      form of:
                                                                                                1. permit appraisal or biological assessment;
                                  16Q-21.081 Applications for Grandfather                    and,
                              Structure Registration.                                           2. letter or Intent, if issued;
                                  (1) Applications for grandfather structure        		(g) A S200.00 non-refundable processing fee.
                              registration shall include the following:                      The processing fee may be waived for state agencies
                                  (a) Name, address and telephone number of                  established pursuant to Chapter 20, Florida
                              applicant and applicant's authorized agent, if                 Statutes, and local governments; and,
                              applicable.                                                     (h) If dredging is proposed, an estimate of the
                                  (b) Location of the proposed activity including;           number of cubic yards of sovereignty material to be
                              county; section, township and range; affected                  removed showing how the amount was calculated.
                              waterbody; and a vicinity map, preferably a                       (2) All casements across sovereignty lands shall
                              reproduction of the appropriate portion of United              be subject to reverier upon failure of the applicants
                              States Geological Survey quadrangle map.                  	to use the parcels sought as proposed in the
                                  (c) Satisfactory evidence of         in applicant's       applications.
                              riparian upland property.

                           to the life of the proposed project or amortization of              Within 90 days after receipt of notification that the
                           the improvements.									 easement has been granted by the board or the
    				Specific Authority 253.03(7) FS. Law Implemented	             granting of the casement shall be invalid.
                           253.03. 253.12 FS. History--New 9-26-77, Formerly                     (3) All casements across sovereignty lands shall
                           16C-12.09 and 6Q-17.09, Revised 3-27-82.                         be subject to reverter upon failure of the applicant to
                               16Q-21.10 Applications    for    Private 				use the parcels sought as proposed in the
                           Easement                                                         applications.
                               (1) Applications     for    casements      across        	   (4) The terms of all the casements shall be
                           sovereignty lands for private purposes shall include                limited to a reasonable period of time related to the
                           the following:                                                      life of the proposed project or authorization of the
                               (a) Name, address and telephone number of                   	improvements.
                           applicant and applicant's authorized agent;                     Specific Authority 253.03(7) FS. Law Implemented
                                                                                               253.03, 253.12 FS. History--New 12-20-78. Formerly
                               (b) Location of the proposed activity including:                16C-12.10 and 16Q-17.10. Revised 3-27-82.
                           county; section, township and range; affected
                           waterbody; and a vicinity map, preferably a                            16Q-21.11 Payments and Fees for Standard
                           reproduction of the appropriate portion or a United                 Leases,   Easements,   and    Severed   Dredge
                           States Geological Survey Quadrangle map;                           Materials.
                               (c) Satisfactory evidence of title or extent of                    (1) Standard Leases
                           interest of the applicant to the riparian uplands or        			(a) The annual lease fee shall be computed at a
                           consent of upland owners for proposed use;                          base rate of SO.065 per square foot.
                               (d) A detailed statement for proposed use;                          (b) There shall be a discount of 30 percent per
                               (e) A statement evidencing that the casement                    square foot per year for all leases that are open to the
                           sought is in the public interest;                                  public on a first come, first served basis. Marinas
                               (1) Two prints of a survey prepared, signed, and                 constructed in conjunction with owner occupied
                           scaled by a person properly licensed by the Florida                 multi-family  residential   buildings, shall be
                           State Board of Land Surveyors meeting the                         considered open to the public on a first come, first
                           following requirements:                                             serve basis if no less than 50 percent of its berths are
                               1. utilizing an appropriate scale on 8 1/2' X                  made available to the general public on a rental
                           11'size paper (unless a larger size is necessary to              	basis.
                           provide sufficient clarity and detail);                                (c) An additional 20% or the lease fee shall be
                               2. showing boundaries of the parcel sought;                     charged for the first annual fee on all leases.
                               3. showing ownership lines of the riparian                         (d) The per square foot base rate shall be revised
                           uplands;                                                            March 1 of each year and increased or decreased
        	                     4. showing the line of ordinary or mean high                    based on the Consumer Price Index-All Items
                           water;                                                              pursuant to paragraph (1) below.
                               5. showing the location of the shoreline                          (e) The rate for all new leases shall be
                           vegetation, if existing;                                           determined according to the appropriate base rate
                               6. showing the location of any proposed or     			schedule for the year in which the lease is granted.
                           existing structures; and,                                              (f) The rate charged for individual leases shall
                               7. Including a legal description and acreage of 			be adjusted annually based upon the average
                           the parcel sought.                                                 increase in the Consumer Price Index-All Items for
                               (g) Written comments from the Department of     			the previous five years with a 10% cap.
                           Environmental Regulation, when applicable, in the                      (g) A-rate of two times the existing rate shall be
                           form of:                                                            applied to aquatic preserve leases where 75% or
                               1. permit appraisal or biological assessment;                   more of the subject lease shoreline and the adjacent
                           and,                                                                1,000 feet on both sides of the lease area is in a
                               2. letter of intent, if issued;                                natural, unbulkheaded,  nonseawalled   or
                               (h) A list of names and addresses of all property                 nonriprapped condition. A rate of up to three times
                           owners within a 1,0OO foot radius of the proposed                   the base rate may be used in Class 1 or 2 Resource
                           casement area, verified by the County Property                      Protection Areas as designated in an aquatir
                           Appraiser's Office that these names came from the                  preserve management plan adopted by the board.
                           latest tax assessment rolls. Thc names and addresses                   (h) Nonwater dependent uses shall be assessed a
                           shall be clearly typed and acceptable to- the                       fee that is ten times the appropriate base rate or a fee
                           Department, preferably on labels suitable for                       calculated by multiplying the square footage of the
                           mailing;                                                            preempted area times the appraised per square foot
                               (i) A S200.00, non-refundabele processing fee,                   value of the unimproved adjacent upland property
                               (j) If dredging is proposed, an estimate of the                  times ten per cent, whichever is greater. The fees
                           number of cubic yards of sovereignty material to be                 shall be adjusted annually pursuant to either
                           removed showing how the amount was calculated;                      16Q-21.11(1)(d) or the revised annual assessed
                               (k) If the application is for an casement of right-           value as appropriate. Grandfather nonwater
                           of-way for private access from a public road to lands               dependent uses shall be treated as water dependent
                           of the applicant, proof of approval from the agency                 uses when grandfather status is lost; for any reason*
                           having Jurisdiction over the public road; and,                        (i) There shall be a minimum annual fee of
                               (l) Payment for the value of the casement in the                 $225.00.
                           amount stated on an appraisal performed by an                          (j) Waivers, partial waivers, or exclusions from
                           independent appraisal firm contracted by . the                      payment of the lease fees for government, research,
                           applicant and approved by the department.                           educational or charitable, organizations may be
                               (2) Applications shall be granted upon such                     granted by the Board in the event that the proposed
                           terms and conditions, including payment of the                      uses are in the public interest.
                           value of the casement, if any. that the board sees fit.              (k) If a facility occupies sovereign submerged

                                Ianos portions of which are example                                                                                                                                                                                                                                                            by virtue of grandfathered status and portions of                           2. it is affimatively demonstrated that the
                                which are leased, and grandfathered status is lost,                      severed dredge material has no economic value.
                                the lease fee and rate schedule for the entire                           Specific Authority 253.O3(7) FS. Law implemcnted
                                property shall be the appropriate base rate at the                       253.03, 253.71 FS. History-New 3-27-82. Amended
                                time the renegotiated lease is executed.                                 5-18-82, 8-1-83.
                                    (1) There shall be an assessment for prior                               16Q-21.12 Spoil Wands.
                                unauthorized use of sovereignty land for                                    (1) No spoil islands shall be developed except
                                after-the-fact lease applications. The minimum                           upon a clear showing that the development is in the
                                assessment for such applications shall include:                          public interest and hardship would result if the
                                    1. Payment of retroactive lease fees;                                development was not authorized.
                                    2. Payment of an assessment computed as the                             (2) Proposals for public development of spoil
                                number of square feet in the lease area times the                        islands may be authorized after comments have been
                                lease fee per square foot at the time construction was                   solicited and received from the appropriate public
                                commenced times ten; and,                                                agencies determining that the public interest would
                                    3. Payment of an additional annual percentage                        be served by the development.
                                on retroactive lease fees and on the assessment                              (3) Unauthorized structures that have been
                                calculated under 2., computed at a rate of 12%. Such                      constructed on spoil islands shall he removed. The
                                rate shall be adjusted annually to a rate equal to the                   procedure for removal shall he as follows:
                                two percentage points above the Federal Reserve                              (a) The individual claiming a possessory interest
                                Bank discount rate to member banks.                                      in any structure shall be served notice by certified
                                    (m) Any grandfather structures which are not                         mail that he is trespassing and that he must remove
                                registered according to this rule shall lose any                         the structure within 120 days of receipt of the notice.
                                grandfathered rights.                                                        (b) If the individual falls or refuses to remove the
                                    (n) Any grandfather structures which are not                         structure within 120 days of receipt of the notice, the
                                registered according to this rule shall be considered                    board shall have the structure removed at the
                                a prior unauthorized use as of June 30, 1984, and                        individual's expense.
                                may be treated according to the provisions of this                           (c) If the individual cannot be located, notice of
                                section.                                                                 trespass and intent to remove the structure shall be
                                    (o) The board may, at its discretion, consider                       posted on the structure for 120 days prior to
                                equities and particular circumstances on a case by                       removal.
                                case basis to determine whether an adjustment of the                          (4) Continuing human habitation of any spoil
                                assessment provisions set forth in (1) above would be                    islands is prohibited.
                                warranted and may increase or lower                             the     Specific Authority 253.01(7) FS. Law Implemented
                                assessment accordingly.                                                  253.03, 253.115 FS History -New 9-20-77, Formerly
                                    (2) Private Easments                                                16C-12.05 and 16Q-17.05, Revised 3-27-82.
                                    (a) The fee for private easements shall be                          16Q-21.13 Applications to Purchase Lands
                                determined by an appraisal obtained by the
                                applicant. The appraiser must be selected from the                      Riparian to Uplands.
                                                                                                          (1) Applications to purchase lands ripirian to
                                division's approved list of appraisers and the                          uplands may be made by the riparian owners only.
                                appraisal must be reviewed and approved by the
                                division.                                                                The board reserves the right to reject any and all
                                    (b) In addition to standard appraisal                                such applications. The following shall be included
                                requirements and procedures, the following factors                       in each application:
                                shall be considered in determining the easement fee:                         (a) Name and address of the applicant;
                                    1. the extent to which the easement is                                   (b) Two prints of a survey prepared, signed, and
                                exclusionary; i.e., the degree to which the proposed                     sealed by a person properly licensed by the State of
                                easment precludes, in whole or in part, traditional                      Florida Board or Land Surveyors or an agent of the
                                or future public uses of the easement area or other                      federal government approved by the depament
                                submerged land; and                                                      clearly showing:
                                    2. the enhanced property value or profit gained                          1. the boundaries of the parrel sought;
                                                                                                             2. land tie referred, by ground survey, to an
                                by the applicant if the proposed easement is
                                approved.                                                                established accessible section corner, subsection
                                    (3) Severed Dredge Materials                                         corner, other U.S. Government Land Office survey
                                    (a) When an activity involves the removal of                         corner, or other controlling corner(s);
                                                                                                             3. boundary lines of the applicant's adjacent
                                sovereignty materials to upland property by                              uplands;
                                dredging or any other means, payment per cubic
                                yard of materials shall be as follows:                                      4. existing mean high water line, surveyed and
                                    1. Monroe County                    $3.25                            approved in acorordance with Chapter 177, Part II,
                                    2. Bay, Brevard,Broward, Charllotte,                                 Florida Statutes, between the applicant's uplands
                                Collier, Dade, Duval,Escambia, Lee,                                      and the parrel sought extending 1,000 feet from
                                Manatee, Palm Beach, Pasco, Pinellas                                     both sides of the parcel;
                                and Sarasota Counties                    $2.25                              5. U.S. Government Land 0ffice meander line.
                                                                                                            (c)Five maps, no larger than 8 1/2' X 14' in
                                    3. All other counties                $1.25
                                    4. Minimum payment                   $50.00                          size, showing the location of the parcel sought for
                                    (h) These payments shall not be used for dead                        purchase. These maps need not be certified;
                                shell and mining leases which will be subject to                        (d) Legal description and acreage of the filled
                                individual royalty or other compensation payments.                      parcel.
                                    (r) A waiver of the severed dredged material                        (c) Aeial photograph showing the date of light,
                                    payment may be requested and approved when:                         if available,with the parcel sought identified thereon:

                              with any dedication data. if the applicant's uplands                 federal government acceptable to department
                              are part of the subdivision;                                          clearly Showing:
                                  (g) Satisfactory evidence of title in the applicant                   1. present mean high waterline, surveyed and
                              to the riparian uplands;                                              approved In accordance with Chapter 177, Part 11,
                                  (h) Statement of the applicant's proposed use of                  Florida Statutes;
                              the parcel sought;                                                        2. applicant's ownership to the former mean
                                  (i)   Statement evidencing that the sale or the                    high water fine shown or indicated;
                              parcel is in the public interest;
                                  (j) Names and addresses, as shown on the latest                       3. U. S. Government Land Office meander line:               and    -
                                  county tax assessment roll, of all owners of the land                         4. traverse of fill, showing the location of the
                              lying within 1,000 feet of the parcel sought, certified               former mean high water line. which is properly
                              by the county appraiser; and                                          riparian to the applicant's uplands, with a Land tie to
                                  (k) An appraisal of the current market value of                   an established accessible, section corner, subsection
                              the parcel sought made within 3 months after the                      corner, other U. S. Government Land Office Survey
                              date of application by an appraiser with                              corner, or other controlling corner(s);
                              designations acceptable to the department.                              (c) Five maps, no larger than 8 1/2" X 14" in
                                  (1)  A non- refundable processing fee of $200 shall               size, showing the location of the parcel sought. The
                              accompany each application, except for applications                   maps need not be certified;
                              from state agencies.                                                    (d) legal description and arrange of the filled
                                  (2) If the parcel sought is located in Pinellas or                 Parcel;
                              Sarasota  County,    the     applicant     shall                        (e) Aerial photograph showing the date or flight.
                              simultaneously file an application with the                           if  available, evidencing the date of filling:
                              respective water and navigation control authority                  	  (1) Satisfactory evidence of title in the applicant
                              been filled without authority after June 11, 1957.                    to the riparian uplands to the mean high water line
                              (state-owned submerged lands filled before June                       as it existed prior to filling:
                              11. 1957 are addressed in Rules 16Q-21.14 and                           (g)  Two affidavits excuted by disinterrested
                              16Q-21,15, Florida Administrative Code), the                          parties evidencing the date, as accurately as possible
                              board, by law may:                                                    personal knowlege, when the filling of the parcel sought was completed
                                  (a) Direct the fill be removed by or at the                         (h)  Copy of the U. S Army Corps of Engineers permit issued prior
                              expense of the applicant;                                             to May 29,1951 (June 11,1957 in Dade and Palm Beach Counties) authorizing
                                  (b) Direct the fill remain as state-owned and                     the fill, if applicable; and
                              have it surveyed at the expense of the applicant; or                    (i) A non- refundable processing fee of $200 shall
                                  (c) Sell the filled lands. The following sale prices             accompany each application, except for applications
                              shall be recommended by the department to the                        from state agencies.
                              board:                                                                Specific Authority 253037 FS Law Implemented
                                  1. One and one-half times the present appraised                   253.12, 253.129 FS.History New v-26-77. Formerly
                              value of the lands excluding building improvements                    16C-12.06 and 16Q-17.06. Revised .3-27-82.
                              applicant's predecessor in title between June 11,                    16Q-21.15 Quitclaims to Clear Title to Filled
    																	Formerly Sovereignty Lands.
                              1957 and July 14, 1967.                                                   (1) Applications for quitclaim deeds to clear title
                                  2. Two times the present appraised value of the           to sovereignty lands filled after May 29, 1951, but
                              lands excluding building improvements if the                    prior to June 11, 1957 (except in Dade and Palm
                             unauthorized filling was done by the applicant's                      Beach Counties) or subsequent to these dates under
                              predecessor in title after July 14, 1967.                             authority of a U. S. Army Corps of Engineers
                                  3. Three times the present appraised value of the                 permit issued prior to these dates, must be
                              lands excluding building improvements if the                          supported by documentary evidence acceptable to
                              unauthorized filling was done by the applicant after                  the department and including the following:
                              June 11, 1957.                                                            (a) Name and address of the applicant:
                                  (4) Full payment for the deed shall be made                  (b) Two prints of a survey preparred, signed, and
                              within 90 days after notification of confirmation of                  scaled by a person properly licensed by the Florida
                              the sale by the board or the sale shall be invalid.                   State Board or Land Surveyors or an agent of the
                              Specific Authority 253.03, 253.12, 370.021 FS.  Law                   federal government acceptable to the department
                              Implemented 253.115, 253.12  FS.  History--New                        clearly showing:
                              9.26.77.  Formerly 16C-12.04 and 16Q-17.04.  Revised
    	                    3-27-82.                                                              1. present mean high water fine surveyed and
                                                                                                    approved in accordance with Chapter i 77 Part 11,
                                  160-21.14 Diqsclaimers to Confirm Title to                          Florida Statutes;
                              Filled Formerly Sovereignty Lands.                                        2. applicant's ownership to the mean high water
                              (1) Applications for disclaimers to confirm title                   line prior to filling;
                              of formerly sovereignty lands filled prior to May 29,                     3. U. S. Government Land Office Meander line;
                              1951 (prior to June 11, 1957 in Dade and Palm                     and,
                              Beach Counties), or subsequent to these dates under                       4. traverse of fill, showing the location of the
                              authority of a U. S. Army Corps of Engineers                         former mean high water line. which is properly
                              permit issued prior to these dates, must be                           riparian to the applicant's upland ownership, with
                              supported by documentary evidence acceptable to                      a tie to an established accessible section corner,
                              the department including the following:
                                                                                                    subsection corner, other U. S. (qovernment Land
                                  (a) Name and address of the applicant:                            Office survey corner, or other controlling corner(s);
                                  (b) Two prints of a survey prepared, signed                      (c) Five maps, no larger than 8 1/2' X 14' in
                              scaled by a person properly licensed by thc Florida                   size, showing the location of the parcel sought. The

                        maps need not be certified;                                            1. current title insurance policy issued by a title
                           (d) Legal description and acreage of the filled              insurance company authorized to do business in
                        parcel;                                                           Florida; or
                           (e) Aerial photograph showing the date of night,                    2. opinion of title prepared by a member of the
                        if available, and showing the land as it existed prior            Florida Bar; or
                        to and after the filling;                                              3. affidavit of ownership;
                           (f) Satisfactory evidence of title in the applicant                 (c) A survey prepared, signed, and scaled by a
                        to the riparian uplands;                                          registered land surveyor showing the applicant's
                           (g) Two affidavits executed by disinterested                   upland, U. S.    Meander  survey   line,    the
                        parties evidencing the date, as accurately as possible            approximate original mean high water line and the
                        from personal knowledge, of commencement and                      existing approximate mean high water line, and a
                        completion of the fill;                                           traverse showing the location of the former mean
                           (h) Copy of a U. S. Army Corps of Engineers             high water line which is properly riparian to the
                        permit issued after May 29, 1951, but prior to June                applicant's uplands with a land tie to an established
                        11, 1957, authorizing the fill, if applicable; and,               reference point;
                           (i) A non-refundable processing fee of $200 shall                    (d) Legal description as shown by original
                        accompany each application, except for applications              survey which shall include the area to be reclaimed;
                        from state agencies.                                                   (e) Copy of a recorded subdivision plat showing
                           (2) The consideration for the parcel sought shall              the original recorded shoreline If the applicant's
                        be the appraised value of the parcel in its unfilled              upland is part of a subdivision, or a copy of a map
                        state prior to June 11, 1957. The appraisal of the                taken from an R. E. D. 1. Real Estate Atlas map
                        parcel shall be made within 3 months after the date               showing ownership lines and shorelines;
                        of application by an appraiser with designations                      (f) Statement of proposed methods of reclaiming
                        acceptable to the department.                                     the subject lost lands, if not indicated in an attached
                           (3) Full payment for the deed shall be made                    Department of Environmental Regulation permit
                        within 90 days after notification of confirmation of              application;
                        the conveyance by the board or the conveyance shall                    (g) Two affidavits executed by disinterested
                        be invalid.                                                       parties evidencing the manner, as accurately as
                        Specific Authority 253.03(7) FS. Law Implemented                      possible from personal knowledge, that the loss of
                        253.12 FS. History-New 9-26-77, Formerly 16C-12.07               land occurred by avulsion (storms, hurricanes),
                        and 16Q-17.07, Revised 3-27-82.                                  artificial erosion (caused by the emplacement of
                           16Q-21.16 Applications to Reclaim Lands       			bulkheads, jetties and other structures), dredging, or
                           Lost Due to Avulsion or artificial Erosion	                   artificial land cutting of uplands; and
                           (1) Applications to reclaim lost lands as defined                  h) Accurate aerial photographs showing the
                        in Section 253.124(8), Florida Statutes, may be                   date of flight evidencing the location and
                        submitted only by the riparian upland owner or the                configuration of the original shoreline before and
                        legally authorized agent thereof.                                 after avulsion or artificial erosion. Suggested
                           (2) Applications to reclaim lands lost, due to                 sources: local tax assessor's office, local offices of the
                        avulsion or artificial erosion shall include the                  State Departments of Transportation and
                        following:                                                        Agriculture and Consumer Services, and local
                           (a) Name and address or applicant;                             offices of the U. S. Army Corps of Engineers.
                           (b) Satisfactory evidence of title in the applicant            Specific Authority 2.53.03(7) FS. Law Implemented
                        to the existing upland, such as:                                  253.03, 253.12 FS. History-New 3-27-82.

                                                     Appendix D.

                                          1976 SUPPLEMENT TO FLORIDA STATUTES 1975  s.258.39

                        (30)  Wekiva River Aquatic Preserve the bounda-
                        ries of which are generally; All the state-owned sove-
                        reignty lands lying waterward of the ordinary high
                        water mark of the Wekiva River and the Little Weki-
                        %it River and their tributaries lying and being in
                        Lake Seminole and Orange counties and f. I lot I.
                        singularly described as follows.
                          {a) In Sections 15,,16,17,20,21,22,27,28,29, and
                        30. Township 20 South, Range 29 East. These sec
                        tions are also depicted on the Forest City Quadran-
                        gle (U.S.G.S. 7.5 minute series topographic) 1959
                        (70PR) and                                                                (e) All state-owned sovereigniy lands, public
                         (b) IN Sections 3, 4,8,9 and 10, Township 20                           lands, and lands whether public or private below the
                        South. Range 29 East and in Sections 21,28 and 33,                      ordinary high water mark or the Wekiva River and
                        Township 19 South. Range 29 East lying north of the                     the Little Wekiva River and their tributaries within
                        right-of-way for the Atlantic Caoast LIne Railroad                      the Peter Miranda Grant lying east or the Wekiva
                        and that part of section 33. Township 19 South.                         River, less the following:
                        Range 29 East lying between the Lake and Orange                            1. State Road 46 and all land lying south of said
                        County lines and the right- of-way of the Atlantic                      State Road No. 46 and all land lying south of said
                        Coast Line Railroad. These sections are a1so depicted                   State Road No. 46.
                        on the Sanford SW Quadrangle (U.S.G.S. 7.5 minute                          2. Beginning 15.56 chains West of the Southeast                    series-topogaphic) 1965 (70.1): and
                                                                                                corner of the SW 1/4 of the NE 1/4 of Section 21, Town-
                         (c) All state-owned sovereignly lands, public
                        lands, and lands whether public or private below the                    ship 19 South. Range 29 East, run east 600 feet;
                        ordinary high water mark or the Wekiva River and                        thence north 960 feet; thence west 340 feet to the
                        the Little Wakiva and their tributaries within the                      Wekiva River,thence southwesterly along said
                        Peter Miranda Grant in Luke County lying below                          Wekiva River to point of beginning.
                        the 10 foot m.s.l. contour line nearest the meander                         3. That part of the east 1/4 of the SW of Section
                        line of the Wekiva River and all state-owned sove-                      22.  Township 19 South, Range 29 East, lying within
                        reignty lands, public lands, and lands whether pub-                     the Peter Miranda Grant east of the Wekiva River.
                        lic or private below the ordinary high water mark of                      (31) Rookery Bay Aquatic Preserve, the bounds-
                        the Wekiva River and the Little Wekiva and their                        ries or which are generally: All of the state owned
                        tributaries within the Moses E. Levy Grant in Lake                      sovereignty lands lying waterward of the mean high
                        County below the 10 foot m.s.l. contour line nearest                    water line in Rookery Bay and in Henderson Creek
                        the meander lines or the Wekiva River and Black                         and the tributaries thereto in Collier County, Flori-
                        Water Creek as depicted on the PINE LAKES 1962                          da. Said lands being more particularly described as
                        (70.1), ORANGE CITY 1964 (70PR), SANFORD 1965                           lying and being in Sections 1, 2,11,12 and 13, Town-
                        (70-1), and SANFORD S.W. 1965 (70.1) QUADRAN-                           ship 51 South, Range 25 East and in Sections 7, 8, 9,
                        GLES (U.S.G.S. 7.5 minute topographic): and                             16, 17, 18, 19 and 20, Township 51 South, Range 26
                          (d) All state-owned sovereignty lands, public                         East, Collier County, Florida.
                        lands, and lands whether public or private below the
                        ordinary high water mark of the Wekiva River and                        Any and all submerged lands theretofore conveyed
                        the Little Wekiva. River and their tributaries lying                    by the Trustees of the Internal Improvement Trust
                        below the 10 foot m.s.l. contour line nearest the me-
                        ander line of the Wekiva and St. John's Rivers as                       Fund and any and all uplands now in private owner-
                        shown on the ORANGE CITY 1964 (70PR). SAN-                              ship are specifically exempted from this dedication.
                        FORD 1965 (70.1), and SANFORD S.W. 1965 (70-1)
                        QUADRANGLES (U.S.G.S. 7.5 minute topographic)
                        within the following described property. Beginning
                        at a point on the south boundary of the Moses E.
                        Levy Grant, Township 19 South, Range 29 East, at
                        its intersection with the meander line of the Wekiva
                        River; thence south 601/2 degrees east: along said
                        boundary line 4935.68 feet; thence north 291/2 de-
                        grees east 15.516.5 feet to the meander line of the St.
                        John's River; thence northerly along the meander
                        line of the St. John's River to the mouth of the Weki-
                        va River: thence southerly along the meander line of
                        the Wekiva River to the beginning; and

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