AGENDA

BOARD OF TRUSTEES

DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES

JULY 25, 2000

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Item 1 Aquacultural Activities Delegation of Authority/Authority to Initiate Rulemaking to Amend Chapters 18-14 and 18-21, F.A.C.

 

REQUEST: Consideration of delegation of (1) authority to the Commissioner of Agriculture, or his designee, to perform specific duties and functions on behalf of the Board of Trustees for aquacultural activities conducted on sovereign submerged lands and water columns subject to the statutorily created exceptions: and (2) authority to initiate rulemaking to amend chapters 18-14 and 18-21, F.A.C., to specify the duties and functions of the Department of Agriculture and Consumer Services as they relate to managing aquacultural activities on sovereign submerged lands.

 

APPLICANT: The Florida Department of Agriculture and Consumer Services

 

STAFF REMARKS: Section 253.68 (2) (b), F.S., provides that "it shall be the policy of the state to foster aquaculture development when the aquaculture activity is consistent with state resource management goals, environmental protection, proprietary interests, and the state aquaculture plan." Additionally, section 253.68, F.S., provides that "the Board of Trustees may lease submerged lands to which it has title for the conduct of aquaculture activities and grant exclusive use of the bottom and the water column…… for either commercial or experimental purposes." The Aquaculture Policy Act and chapter 597, F.S., provide that the Department of Agriculture and Consumer Services shall be the primary agency responsible for regulating aquaculture and it is their duty to assist the development of aquaculture.

 

The statutory authority to administer the aquaculture leasing program is provided in sections 253.67- 253.75, F.S. Section 253.002 (1), as amended in CS/CS/CS/SB 806, provides that the Department of Agriculture and Consumer Services shall perform the staff functions related to the use of sovereign submerged lands for aquacultural purposes. Chapter 253.002, F.S., as amended, provides "The board of trustees may also delegate to the Department of Agriculture and Consumer Services the authority to take final agency action on behalf of the board on applications to use board of trustees-owned submerged lands for any activity for which that department has responsibility pursuant to ss. 253.67-253.75 and s. 597.010. However, the board of trustees shall retain the authority to take final agency action on establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases." This legislation, in effect, transferred the management of aquaculture on sovereign submerged lands from the Department of Environmental Protection to the Department of Agriculture and Consumer Services. Consequently, the department is seeking delegation of authority from the Board of Trustees to perform these statutory mandates as they relate to aquaculture on sovereign submerged lands.

 

Pursuant to the legislative intent of this act and section 253.002 (2), F.S., the Department of Agriculture and Consumer Services will also seek rule amendments to chapters 18-14 and 18-21, F.A.C., to allow the Commissioner of Agriculture, or his designee, to take final agency action on behalf of the Board of Trustees, on certain actions related to administering leases, consents of use, and management agreements for conducting aquacultural activities on sovereign submerged lands.

 

Board of Trustees

Dept. of Agriculture & Consumer Services

Agenda – July 25, 2000

Page Two

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Item 1, cont.

(See Attachment 1, Pages 1-4)

RECOMMEND APPROVAL TO DELEGATE (1) AUTHORITY TO THE COMMISSIONER OF AGRICULTURE, OR HIS DESIGNEE, TO PERFORM DUTIES AND FUNCTIONS ON BEHALF OF THE BOARD OF TRUSTEES FOR ACTIONS ASSOCIATED WITH AQUACULTURE ON SOVEREIGN SUBMERGED LANDS SUBJECT TO THE STATUTORILY CREATED EXCEPTIONS: AND (2) AUTHORITY TO INITIATE RULEMAKING TO AMEND CHAPTERS 18-14 AND 18-21, F.A.C., TO SPECIFY THE DUTIES AND FUNCTIONS OF THE DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES RELATED TO MANAGING AQUACULTURE ACTIVITIES ON SOVEREIGN SUBMERGED LANDS.

 

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