The full text of the proposed rule is:
CHAPTER 18-21 SOVEREIGNTY SUBMERGED LANDS MANAGEMENT
18-21.001 Intent.
18-21.002 Scope and Effective Date.
18-21.003 Definitions.
18-21.004 Management Policies, Standards, and Criteria.
18-21.005 Procedures - Forms of Consent.
18-21.0051 Delegation of Authority.
18-21.008 Applications for Lease.
18-21.011 Payments and Fees.
18-21.020 Conducting Aquacultural Activities on Sovereignty Submerged Lands and Water Columns Pursuant to sections 253.67 - 253.75 and section 597.010, Florida Statutes.
18-21.021 Applications, Authorizations, and Review Process for Using Sovereignty Submerged Lands and Water Columns for Aquacultural Activities.
18-21.022 Payments and Fees for Aquacultural Activities on Sovereignty Submerged Lands and Water Columns.
18-21.900 Forms.
18-21.001 Intent.
(1) through (3) No change.
(4) To manage and provide maximum protection for all sovereignty lands, especially those important to public drinking water supply, shellfish harvesting, aquaculture, public recreation, and fish and wildlife propagation and management;
(5) through (6) No change.
Specific Authority 253.03(7) FS., Art. X, Sec. 14, Fla. Const. Law Implemented 253.03, 253.12 FS. History-New 3-27-82, __________, Formerly 16Q-21.01, 16Q-21.001, Amended _________.
18-21.002 Scope and Effective Date.
(1) These rules are to implement the administrative and management responsibilities of the board and the Ddepartment of Environmental Protection and the Department of Agriculture and Consumer Services regarding sovereignty submerged lands. Responsibility for environmental permitting of activities and water quality protection on sovereign and other lands is vested with the Department of Environmental Protection. The responsibility for managing aquacultural activities on sovereignty lands is vested with the Department of Agriculture and Consumer Services. These rules are considered cumulative. Therefore, a person planning an activity should consult other applicable department rules as well as the rules of the Department of Environmental Protection, or rules of the Department of Agriculture and Consumer Services regarding aquacultural activities.
(2) through (5) No change.
Specific Authority 253.03(7) FS. Law Implemented 253.03, 253.12, 253.77 FS. History-New 3-27-82, Amended 8-1-83, 9-4-84, Formerly 16Q-2.02, 16Q-21.002, Amended 12-25-86, 3-15-90, _________.
18-21.003 Definitions.
(1) through (14) No change.
(15) "Department" means the State of Florida Department of Environmental Protection, as administrator for the board, and for the purposes of aquaculture in sections 18-21.020, 18-21.021, and 18-21.022 of this chapter, the State of Florida Department of Agriculture and Consumer Services.
(16) through (57) No change.
Specific Authority 253.03(7), FS. Law Implemented 253.002, 253.02, 253.03, 253.1221, 253.67, 253.77 FS. History-New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, 2-25-85, Formerly 16Q-21.03, 16Q-21.003, Amended 12-25-86, 1-25-87, 3-15-90, 7-21-92, 3-20-94, 10-15-98, 8-1-01, 12-11-01, ____________.
18-21.004 Management Policies, Standards, and Criteria.
The following management policies, standards, and criteria shall be used in determining whether to approve, approve with conditions or modifications, or deny all requests for activities on sovereignty submerged lands, except activities associated with aquaculture. The management policies, standards, criteria, and fees for aquaculture activities conducted on or over sovereignty submerged lands are provided in sections 18-21.020 through 18-21.022.
(1) General Proprietary.
(a) through (l) No change.
(m) The Board hereby declares the following policies with regard to activities subject to authorization by the Board which may impact aquaculture authorizations issued pursuant to this rule.
1. The Board will not grant consent for activities that would adversely affect existing aquaculture leases by degrading ambient water quality.
2. The Board will oppose the issuance of any permit which would reasonably be expected to degrade water quality at an aquaculture lease site.
(2) Resource Management.
(a) through (k) No change.
(l) Aquaculture policy, standards and criteria. The Board of Trustees hereby declares the following policies with regard to aquaculture leases issued pursuant to this rule.
1. It shall be a policy of the State of Florida to foster aquaculture when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and antidegradation goals. Further such aquaculture shall not displace existing leases, viable commercial or recreational harvesting areas open to the general public but create new areas for the purification or cultivation of marine resources.
2. The Board will not grant consent for activities that would adversely affect existing aquaculture leases by degrading ambient water quality.
3. The Board will oppose the issuance of any permit which would reasonably be expected to degrade water quality at an aquaculture lease site.
4. The Board shall review the impact of the aquaculture rule amendment concerning the right of first refusal on the revenues generated by the program by January 1992.
5. Aquaculture leases result in the exclusion of the general public from sovereign lands, for the benefit of the individual. Consequently, such leases should be issued only after careful review and upon such conditions that protect the public interest.
6. An aquaculture lease shall contain provisions to ensure adequate marking of the leased area. Such marking shall be sufficient to prevent the aquaculture activity from constituting a nuisance, a hazard to navigation, or a safety hazard.
7. A coordinated review process will be used by the Division of State Lands to ensure that the proposed sites are suitable for aquaculture activities.
8. The area to be leased shall comply with the following standards and criteria:
a. Riparian rights shall not be unreasonably infringed upon. When reviewing an application from a nonriparian applicant the Department shall consider water depth, location of navigation channels, distance from shore and the width of the waterbody. An aquaculture lease area for a nonriparian applicant can be approved greater than or equal to 100 feet waterward of mean or ordinary high water or greater than or equal to 100 feet waterward of existing structures on sovereignty lands only if the applicant obtains a letter of permission from the upland owner, a greater setback may be required to protect riparian rights.
b. A setback 25 feet from the riparian lines of adjacent property owners shall be required.
c. Setbacks from other activities, channels or structures shall also be required to ensure safety, facilitate enforcement abilities or ensure resource management.
d. The leased area shall not be closer than 100 feet from a marked channel.
e. The lease shall not be approved for a parcel larger than ten acres for oysters or five acres for clams unless the lease is a voluntary conversion. Exceptions to a ten-acre maximum aquaculture lease area may be approved by the Board upon a recommendation from the Division of Marine Resources concerning the ability of the applicant to develop the lease.
f. The relay or the culture of indigenous or hybridized plants or animals may be approved as an aquaculture activity.
g. The activity shall not be contrary to the public interest or, if within aquatic preserves, that the activity be consistent with aquatic preserve management plans and rules as determined by the coordinated review required in subsection 18-21.005(1)(c)2., Florida Administrative Code.
h. A clam lease shall not be granted in areas where, at the time of inspection by the Division of Marine Resources, it would preempt public access to significant harvestable resources.
i. An oyster lease shall not be granted in an area where it would preempt public access to significant harvestable resources.
j. Experimental leases shall be limited to research institutions for noncommercial activities.
k. No lease, other than an experimental lease, shall be issued for a parcel that is within a state park boundary.
(3) through (5) No change.
Specific Authority 253.03, 253.73 FS. Law Implemented 253.03, 253.034, 253.04, 253.041, 253.141, 253.51, 253.61, 253.68, 253.72, 253.74, 253.75, 253.77 FS. History-New 3-27-82, Amended 8-1-83, Formerly 16Q-21.04, 16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 7-21-92, 10-15-98, 12-11-01, ____________.
18-21.005 Procedures - Forms of Consent.
(1) All activities on sovereignty lands shall require a consent of use, lease, easement, use agreement, special event authorization, or other form of approval. Except for aquacultural activities, Tthe following shall be used to determine the form of approval required. The forms of authorization for aquacultural activities, which shall include aquaculture leases, aquaculture support facility leases, aquaculture letters of consent, and aquaculture management agreements are provided in subsection 18-21.020(2), F.A.C.
(a)1 through (a)8 No change.
(b) Lease - is required for:
(b)1 through (b)4 No change.
5. Aquaculture;
(b)6 and (b)7 are renumbered as (b)5 and (b)6
(b)5 and (b)6 No change.
(c) An aquaculture lease or an existing clam or oyster lease is required for the relay of shellfish from polluted waters for purification or the culture of plant and animal life within the bottom or water column of sovereignty lands which preempts the recreational or commercial use by the general public.
1. The Division of State Lands shall coordinate, or require the applicant to provide the items incidental to, the review process and agenda preparation for applications to lease submerged lands which can include the water column for aquaculture in order to determine that proposed sites are suitable for aquaculture activities. State Lands shall also coordinate the agenda preparation for voluntary conversions of shellfish leases to aquaculture leases after the Division of Marine Resources has provided the results of a coordinated review for such conversions to State Lands.
2. The review procedures to be followed for new applications and renewals include:
a. A positive recommendation from the Division of Marine Resources concerning:
(I) the desirability of the proposed aquaculture from a resource management perspective;
(II) the size of area requested for lease being appropriate to the use;
(III) the suitability of the site for leasing;
(IV) recommended special lease conditions; and,
(V) the ability of the applicant to perform the work.
b. Department of Environmental Protection review of the application, when appropriate, to assess the effect of the proposal on water quality and habitat.
c. The Army Corps of Engineers review and comment on the effect of the lease on navigation and boating safety.
d. A recommendation by the Fish and Wildlife Conservation Commission for any application to conduct freshwater aquaculture, concerning impacts on natural resource management.
e. The Division of Recreation and Parks has been given thirty days to comment on the consistency of the proposal with management goals and objectives if the application is within an aquatic preserve or a state park boundary.
f. The county commission has been given thirty days to review the project application pursuant to Section 253.68, Florida Statutes.
g. The municipality has been given thirty days to review the rule based on any applicable local plans and ordinances and to recommend, by resolution, that the Board approve or deny the application. No response shall be considered as no objection.
(d) is renumbered as (c). Easement - is required for:
(c) No change.
(e) is renumbered as (d). Management Agreement - is required for:
(d) No change.
(f) and (g) are renumbered as (e) and (f).
(e) No change.
(f) No Change.
(2) and (3) No change
Specific Authority 253.03(7), 253.0345 FS. Law Implemented 253.03, 253.034, 253.0345, 253.04, 253.115, 253.141, 253.68-.69, 253.77 FS History-New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, Formerly 16Q-21.05, 16Q-21.005, Amended 1-25-87, 3-15-90, 10-15-98, _____________.
18-21.0051 Delegation of Authority.
(1) The purpose of this section is to delegate certain review and decision-making authority of the Board, regarding the use of sovereign submerged lands, to the Secretary of the Department of Environmental Protection, the Commissioner of Agriculture, and the Governing Boards of the Suwannee River Water Management District, the St. Johns River Water Management District, the Southwest Florida Water Management District, and the South Florida Water Management District.
(2) No change.
(3) The Commissioner of Agriculture and the Department of Agriculture and Consumer Services are delegated the authority to review and take final agency action on applications to use sovereignty submerged lands and water columns to conduct aquacultural activities for which the Department of Agriculture and Consumer Services has responsibility under sections 253.67-253.75, F.S., and section 597.010, F.S., except the Board shall retain authority to take final agency action on the following:
(a) establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases; and
(b) authorizing aquacultural activities in a managed area, such as state parks, aquatic preserves, marine sanctuaries, or research reserves, when the Department of Environmental Protection has determined that the proposed aquaculture activity is inconsistent with the management goals and objectives of that area.
(4)(3) The Secretary of the Department of Environmental Protection, the Commissioner of Agriculture, and the Governing Boards of the specified Water Management Districts may further delegate review and decision making authority of activities authorized under Chapter 18-21, F.A.C., to staff within their respective agencies.
(5) (4) The delegations set forth in subsection (2) and (3) are not applicable to a specific application for a request to use sovereign submerged lands under Chapter 253 or 258, Florida Statutes, where one or more members of the Board, the Department of Environmental Protection, or the appropriate water management district determines that such application is reasonably expected to result in heightened public concern, because of its potential effect on the environment, natural resources, or controversial nature or location.

Specific Authority 253.002 FS. Law Implemented 253.002 FS. History-New 10-12-95, _________.

18-21.008 Applications for Lease.
(1) through (2) No change.
(3) Aquaculture lease.
(a) Applications for aquaculture leases shall include the following:
1. Name, address and phone number of the applicant.
2. Legal description and acreage of the parcel sought subsequent to final approval of the application but prior to issuance of the lease.
3. Two prints of a survey subsequent to final approval of the application but prior to issuance of the lease of the parcel sought prepared, signed, and sealed by a person properly licensed by the Florida State Board of Land Surveyors when required by Chapter 472, F.S., or an agent of the federal government acceptable to the department. Preliminary site approval can be based upon marking off the general configuration of the parcel sought, including the acreage of the parcel and LORAN or latitude and longitude coordinates for the corners of the parcel identified on a USGS 7.5 minute topographic map or a navigation chart if a topographic map is not printed for the lease area.
4. Description of the aquaculture activities to be conducted, including whether such activities are to be experimental or commercial, and an assessment of the current capability of the applicant to conduct such activities.
5. Statement explaining why the lease is not contrary to the public interest, or within aquatic preserves, why the lease is in the public interest.
6. Names and addresses, as shown on the latest county tax assessment roll, of each owner of property lying within 1,000 feet of the parcel sought, certified by the county property appraiser.
7. Statement of the significant impact of the proposed use of the parcel sought on the ecology of the area.
8. A $200 nonrefundable processing fee.
9. A statement by all nonriparian applicants wishing to lease areas, not designated by the state, whether they wish to negotiate the fixed lease fee or to bid the lease for the first ten year lease term.
10. Copies of comments received from the review of the application required by subsection 18-21.005(1)(c)2., Florida Administrative Code.
11. Proof of publication and notification required pursuant to Section 253.70, Florida Statutes.
12. Experimental leases shall be limited to research institutions for noncommercial activities.
(b) The Department may hold a public hearing in response to concerns raised in response to the public notice requirement prior to making any staff recommendation concerning the lease.
(c) If staff determines that the application is complete and complies with the standards and criteria of the rule then they will agenda the application for approval to lease the parcel sought. The lease fee amount shall be determined by competitive bid or negotiation. The Department shall require the applicant to cause notice of such lease proposal to be published in a newspaper in the county in which the parcel is situated once a week for three consecutive weeks. If bidding is required, the bid amount, representing the first years lease fee shall be submitted prior to the advertised closing date and time. A copy of the notice shall also be sent to the county commission and the municipal government if applicable by certified mail prior to the appearance of the first newspaper notice. Such notice shall contain the following:
1. Preliminary location description and acreage of parcel sought.
2. Terms of the lease acceptable to the Board and a description of the aquaculture activity being proposed.
3. Deadline, time, and date for the receipt of all bids.
4. Address to which all bids shall be sent.
5. The date, time, and place of the opening of bids.
(d) A lease shall not be approved by the Board when a resolution of objection, adopted by a majority of the county commissioners of the county in which the parcel sought is situated, has been filed with the Department within 30 days of the date of first publication of the notice of lease.
(e) Determination of the annual fixed rate lease fee for aquaculture leases shall be determined by negotiation or bidding.
1. The use of negotiation or bidding shall be determined:
a. by negotiation between the Department and the riparian upland owner when said owner is the applicant, pursuant to subsection 18-21.004(2)(l)8. up to the ten acre maximum.
b. by negotiation between the Department and nonriparian applicants for the first lease term when the applicant nominates the site.
c. by competitive bid:
(I) when the Department designates sites for lease,
(II) after the first lease term for all nonriparian leases, or,
(III) at the option of the nonriparian applicant when the applicant nominates a site.
2. Any financial data determined to be necessary by the Department for the purposes of negotiations shall be supplied by the applicant upon the Department's request.
3. Competitive bids for aquaculture leases shall be written offers which shall include the advertised fee for the first lease year, the amount offered above such fee for said first year being a competitive bid. The consideration offered shall accompany the written offer and shall be returned to the unsuccessful bidders upon award of the lease, rejection of all bids, or the matching of the high bid by the existing leaseholder.
4. The successful bidder shall reimburse the original applicant for his documented application and advertising fees.
5. The successful bidder shall reimburse the prior leaseholder for the nondepreciated costs of physical improvement not including the aquatic resource value.
(f) Each lease document shall as a minimum contain the following:
1. The term of the lease which shall not exceed ten years.
2. The amount of fee per acre leased to be paid on or before January 1 each year which shall take the form of a fixed fee to be paid throughout the term of the lease.
3. The disposition to be made of all improvements and animal and plant life upon the termination or cancellation of the lease.
4. A statement that the lease may be assigned, transferred in any manner, in whole or in part, only after written approval by the Board. Failure of the lessee to obtain written approval may be grounds for revocation and cancellation of the lease.
5. A list of approved harvesting techniques that can be used on the lease.
(g) Failure to perform the aquaculture activities for which the lease was granted shall be grounds for cancellation of the lease and forfeiture to the State of Florida of all the work improvements, animal and plant life in and upon the parcel leased. In addition, a performance bond is required to ensure compliance with the standards of this rule and the specifications and conditions of the lease. The bond requirement shall be met by execution of a bond, an escrow account, or an acceptable letter of credit in favor of the Trustees. The amount of the bond should be based on the cost of removing the structures and restoring the site to predevelopment conditions for leases including the water column. A bond equal to the first years annual rental per acre shall be sufficient for bottom shellfish culture techniques.
(h) The parcel leased shall be identified, well marked, and shall have, except when it will interfere with the development of the animal and plant life being cultivated by the lessee, reasonable public access for boating, swimming, and fishing. All limitations on the public use of the parcel leased as set forth in the lease shall be clearly posted in conspicuous places by the lessee. Each parcel leased shall be marked in compliance with the rules and regulations of the Department, U.S. Coast Guard, and the U.S. Army Corps
of Engineers.
(4) is renumbered as (3) Oil and Gas Lease
(3) No change.
Specific Authority 253.03(7), 253.73, 370.021 FS. Law Implemented 253.03, 253.04, 253.115, 253.12, 253.47, 253.512, 253.52 -.54, 253.61, 253.67-.75, 370.16 FS. History-New 12-20-78, Formerly 16C-12.14, 16Q-17.14, Amended 3-27-82, 8-1-83, 2-25-85, 3-19-85, Formerly 16Q-21.08, 16Q-21.008, Amended 1-25-87, 10-11-98, 12-11-01, ___________.
18-21.011 Payments and Fees.
(1) through (3) No change.
(4) Aquaculture leases
(a) The dollar amount of the fixed rate consideration for aquaculture leases shall be determined as follows:
1. by negotiation between the Department and the riparian upland owner when said owner is the applicant.
2. by negotiation between the Department and the nonriparian applicant for the first lease term when the applicant nominates the site.
3. by competitive bid:
a. when the Department designates sites for lease,
b. after the first lease term for all nonriparian leases, or,
c. at the option of the nonriparian applicant when the applicant nominates a site.
4. an appraisal may be required when deemed appropriate by the Department. The cost of such appraisal shall be borne by the applicant.
5. any production data determined to be necessary by the Department for the purposes of negotiation shall be supplied by the applicant upon the Department's request.
6. fees for experimental aquaculture leases for public and nonprofit research institutions may be waived by the Board.
(b) Bids for aquaculture leases shall be written offers with a cash consideration which shall be based on a lease fee per acre per year. The competitive bid submitted to the Department shall include the bid per acre times the number of acres in the lease area offered. The total cash consideration offered shall accompany the written offer and shall be returned to the unsuccessful bidders upon award of the lease, or upon the matching of the high bid by the existing leaseholder upon rejection of all bids. The successful bidder will be required to pay all costs of legal advertisement in connection with this lease sale. All bids must be in a sealed envelope marked SEALED BID - STATE AQUACULTURE LEASE - showing lease number and date of sale, and accompanied by certified or cashier's check made payable to the Department of Environmental Protection, Bureau of State Lands Management, the full amount of the cash consideration offered as the bid.
1. All applicants including the existing leaseholder must submit a bid to be eligible for a lease when bidding is required.
a. The bid shall be received by the Department prior to the advertised closing date and time.
b. The existing leaseholder shall have five days to match the high bid and renew the lease if outbid.
c. When the existing leaseholder does not bid or does not exercise the right of first refusal the new lessee shall allow the prior leaseholder unencumbered access to the lease in order to harvest the aquaculture crop during the first year of the new lease.
2. Each bidder shall include as part of the bid a certified statement as to any submerged land lease holdings which have been granted by the State. Such statement shall also include the lease number and legal description for all such leases issued.
3. After the first year, the amount bid per acre shall be paid by the successful bidder on or before the first day of the month in which the lease was granted as a fee to be paid throughout the term of the lease.
4. The annual lease fee shall not be less than a fixed rate of $15 per acre for a bottom lease and $30 per acre when the lease is to include the water column. The annual fee shall be fixed by bidding or negotiation and adjusted annually pursuant to subsection 18-21.011(1)(b)6., Florida Administrative Code, to ensure the fixed rate is not reduced by inflation.
5. Existing shellfish leaseholders may convert to an aquaculture lease if they wish to include the water column in the leased area. Converted leaseholders that are not riparian owners shall have the first right of refusal if they are outbid.
6. When the water quality designation that is necessary for the particular activity is lost due to degradation of water quality the leaseholder shall have the option of:
a. returning the lease to the state,
b. conducting an aquaculture activity that is consistent with the change in water quality upon written approval by the Board or,
c. continuing to retain the lease.
(5) is renumbered as (4) Use Agreements for Geophysical Testing
(4) No change.
Specific Authority 253.03(7), 253.0345, 253.73, 258.43, 370.021(1) FS. Law Implemented 253.03, 253.0345, 253.115, 253.71, 258.42, 258.43, 370.16 FS. History-New 3-27-82, Amended 5-18-82, 8-1-83, 9-5-84, 10-20-85, Formerly 16Q-21.11, 16Q-21.011, Amended 1-25-87, 9-6-87, 3-15-90, 10-11-98, 10-15-98, __________.
18-21.020 Conducting Aquacultural Activities on Sovereignty Submerged Lands and Water Columns Pursuant to Sections 253.67-253.75 and Section 597.010, Florida Statutes.
(1) Intent - The State of Florida shall foster aquaculture development when the aquaculture activity is consistent with state resource management goals, proprietary interest, environmental protection and the state aquaculture plan. It is in the state's economic, resource enhancement, and food production interest to promote aquacultural production of food and non-food aquatic species by facilitating the review and approval processes for leasing sovereignty submerged lands or water columns. Further, for the purpose of managing aquacultural activities on sovereignty submerged lands, aquaculture shall be in the public interest.
(2) Forms of authorization - For the purpose of sections 18-21.020, 18-21.021 and 18-21.022, F.A.C., conducting aquacultural activities on sovereignty submerged lands and the water column shall be authorized by an aquaculture lease, an aquaculture support facility lease, a letter of consent, or a management agreement.
(a) An aquaculture lease or an aquaculture support facility lease is required for all revenue generating, income related aquacultural activities conducted on or over sovereignty submerged lands, except those aquacultural activities associated with an aquaculture facility that qualify for an aquaculture letter of consent pursuant to subsection 18-21.020(5), F.A.C., or an aquaculture management agreement pursuant to subsection 18-21.020(6), F.A.C.
(b) A letter of consent is available for aquaculture facilities that include the placement of intake and discharge pipelines, pumps, power lines, control structure, and other support structures on or over sovereignty submerged lands that otherwise meet the requirements of subsection 18-21.020(5), F. A. C.
(3) Aquaculture general standards and criteria - The Board of Trustees hereby declares the following general standards and criteria with regard to authorizations to conduct aquacultural activities on sovereignty submerged lands and water columns. The following standards and criteria shall be used in determining whether to authorize, authorize with conditions or modifications, or deny all requests to conduct aquacultural activities on sovereignty submerged lands.
(a) For the purposes of sections 18-21.020, 18-21.021 and 18-21.022, F.A.C., "Department" means the Department of Agriculture and Consumer Services.
(b) Aquacultural activities on sovereignty submerged lands and/or water columns shall be authorized only when the proposed activity has been determined to be a water dependent aquaculture activity.
(c) Aquacultural activities shall be authorized only after careful review and upon such conditions that protect the public interest.
(d) The Department shall consider location of the site, water body, water depth, navigation and safety hazards, channels, distance from shore, presence of fish and wildlife habitat, presence of submerged resources, user conflicts, and resource management when reviewing a request for an aquaculture lease, an aquaculture support facility lease, an aquaculture letter of consent, or an aquaculture management agreement.
(e) Aquacultural activities shall not prevent ingress and egress of vessels in marked channels or in unmarked channels that provide the only means of passage.
(f) All aquaculture leases, aquaculture support facility leases, aquaculture letters of consent, or aquaculture management agreements for aquacultural activities on sovereignty submerged lands shall contain such terms, conditions and restrictions as deemed necessary to protect and manage sovereignty lands.
(g) The management policies provided in paragraphs 18-21.004(1)(e), (f), (g) (h), (i) and (j), F.A.C., except for aquaculture leases on sovereignty submerged lands adjacent to or surrounding an unbridged, undeveloped coastal island, shall be applied when considering whether to authorize aquacultural activities on sovereignty submerged lands.
(h) Aquacultural activities on sovereignty submerged lands shall be designed to minimize or eliminate adverse impacts on fish and wildlife habitat, including: seagrasses; endangered and threatened species; cutting, removal, or destruction of wetland vegetation; and adverse impacts to water quality.
(i) Only the cultivation of indigenous, or hybrids of indigenous, plants or animals shall be approved as an aquaculture activity on sovereignty submerged lands when such activity is consistent with chapters 253 and 597, F.S., and this chapter.
(j) The management policies provided in paragraphs 18-21.004(2)(e), (f), (g), and (h), F.A.C., involving filling, shoreline stabilization, or severance of material shall be applied when considering whether to authorize aquacultural activities on sovereignty submerged lands.
(k) Riparian rights shall be protected pursuant to subsection 18-21.004 (3), F.A.C.
(l) Aquacultural activities on sovereignty submerged lands shall be consistent with chapters 18-18 and 18-20, F.A.C. and chapter 258 F.S.
(m) Upon issuance of an aquaculture lease, an aquaculture support facility lease, an aquaculture management agreement, or letter of consent, the Department shall send a copy of the document and accompanying survey, when required, to the Title and Land Records Section, Division of State Lands in the Department of Environmental Protection for filing in the permanent title records of the Board of Trustees.
(n) No lease, other than an experimental lease, shall be issued for a parcel that is within a state park boundary.
(4) Specific standards and criteria for aquaculture leases and aquaculture support facility leases - Leased areas shall comply with the following:
(a) An aquaculture lease or an aquaculture support facility lease is required to conduct aquacultural activities on sovereignty submerged lands and the overlying water column, except when the activities meet the criteria for consent of use in subsection 18-21.020(5), F.A.C., or an aquaculture management agreement in subsection 18-21.020(6), F.A.C.
(b) An aquaculture support facility lease may be authorized to conduct aquacultural activities on sovereignty submerged lands and the overlying water column when such activities are associated with an on-shore aquaculture facility, except when the activities meet the criteria for a letter of consent in subsection 18-21.020(5), F.A.C., or for an aquaculture management agreement in subsection 18-21.020(6), F.A.C. An aquaculture support facility shall include activities such as hatchery and nursery cultivation systems, intake and discharge pipes, pumps, docks for loading and off-loading aquaculture products; and mooring vessels used by aquaculture producers in planting, growing, harvesting, and transporting aquacultural products.
(c) Aquaculture leases and aquaculture support facility leases result in the exclusion of the general public from sovereignty lands for the benefit of the individual, and shall require coordinated review by the Department to ensure that the proposed sites are suitable for aquacultural activities, pursuant to section 18-21.021, F.A.C.
(d) When the leased area is within an aquatic preserve, research reserve, or marine sanctuary, the activity shall be compatible with the managed area's management plan, or prevailing management policies when a management plan has not been developed, as determined by the coordinated review required in paragraph 18-21.021(1)(d)2, F.A.C.
(e) The Department shall consider using the high-density lease concept when designating sovereignty submerged lands for leasing. The high-density lease area concept encourages regional aquacultural and economic development, facilitates resource management, reduces potential adverse environmental impacts, and reduces user conflicts.
(f) Riparian rights shall not be unreasonably infringed upon. An aquaculture lease area for a nonriparian applicant shall not be approved when the distance is less than or equal to 100 feet waterward of mean or ordinary high water or less than or equal to 100 feet waterward of existing structures and permitted activities on sovereignty lands, except when the applicant obtains a letter of permission from the upland riparian owner. The Board may establish greater setbacks to protect riparian rights when upland uses, ingress and egress, or activities on or over sovereignty submerged lands would be limited by the proposed aquaculture activity.
(g) Aquaculture leases and aquaculture support facility leases shall contain provisions to ensure that the lease area is marked and that markers are maintained for the term of the lease. Such marking shall be required to inform the public of the activity and assist the leaseholder in identifying potential navigation and safety hazards.
(h) The leased area in aquaculture leases and aquaculture support facility leases shall comply with the following:
1. A setback of 25 feet from the riparian lines of adjacent property owners and adjacent leases shall be required for aquaculture leases. Setbacks for a riparian aquaculture support facility lease shall be established based on the specific project and consent of neighboring upland property owners.
2. Setbacks from other activities or structures shall also be required to ensure safety, facilitate enforcement abilities and ensure resource management.
3. The leased area shall not be closer than 100 feet from a channel marked in accordance with Florida Statutes or U.S. Coast Guard regulations.
4. The lease shall not be approved for a parcel larger than ten acres for oysters or five acres for clams, unless the lease is a voluntary conversion of a shellfish lease issued under Chapter 370, F.S. Exceptions to the ten-acre and five-acre maximum aquaculture lease area may be approved by the Board based on the experience and ability of the applicant to develop the larger lease area and compliance with Chapter 253, F.S., and this chapter.
(i) An aquaculture lease, an aquaculture support facility lease, an aquaculture management agreement, a clam lease, or an oyster lease is required for the relay of shellfish from polluted waters for purification, unless a site is specifically designated by the Department for such purposes. Relaying activities on leased areas shall be conducted pursuant to subsection 597.010(19), F.S.
(j) Leases for culturing hard clams or oysters shall not be granted in areas where, at the time of inspection, the Department determines that the lease would preempt public access to significant harvestable resources of hard clams and/or oysters.
(k) All requests for leases on sovereignty submerged lands shall be processed in accordance with the notice and hearing requirements of section 253.115, F.S.
(l) Exceptions to the specific standards and criteria for aquaculture leases and aquaculture support facility leases may be considered by the Board to facilitate resource management, protect riparian rights and public safety, and when there are no practicable alternatives for locating and developing an aquaculture or aquaculture support facility lease.
(5) Specific standards and criteria for an aquaculture letter of consent.
(a) Aquacultural activities associated with on-shore aquaculture facilities; that are not included in an aquaculture lease, aquaculture support facility lease, or state lands lease; which include activities such as hatchery and nursery cultivation systems, intake and discharge pipes, pumps, docks for loading and off-loading aquaculture products; and mooring vessels used by aquaculture producers in planting, growing, harvesting, and transporting aquacultural products, on or over sovereignty submerged lands; shall be authorized by a letter of consent, if they conform to the following criteria:
1. The facility as a whole, including the on-shore aquaculture facility and associated docks, pilings, and bulkheads shall be constructed and operated in compliance with Chapters 18-18, 18-20, 18-21, and 5L-3, F.A.C.; the best management practices adopted by rule by the Department of Agriculture and Consumer Services for that specific aquacultural activity pursuant to the criteria established in subsection 597.004 (2), F. S., and this chapter; and the applicable permits issued by the Department of Environmental Protection under Chapter 373, F.S.: and the operator shall obtain and maintain a valid aquaculture certification pursuant to Chapter 597, F.S.
2. No more than 2,000 square feet of sovereignty submerged lands are preempted by such activities.
3. More than one letters of consent shall not be authorized for a single individual, company or corporation for contiguous parcels, structures, or activities when such action is determined to circumvent the requirements in this section.
4. Aquacultural activities authorized by a letter of consent shall result in minimal adverse impacts on fish and wildlife habitat.
5. Riparian rights shall not be unreasonably infringed upon, and a setback shall be required to protect riparian rights, except when the applicant obtains a letter of permission from the neighboring upland property owner.
(b) Any activity not conforming to these criteria shall obtain an aquaculture lease, an aquaculture support facility lease, a standard sovereignty submerged lands lease, or an easement.
(c) When the authorized area is within an aquatic preserve, research reserve, or marine sanctuary, the activity shall be, to the maximum extent practical, compatible with the managed area's management plan, or prevailing management policies when a management plan has not been developed.
(d) Exceptions to the specific standards and criteria for a letter of consent may be considered by the Board to facilitate resource management, protect riparian rights and public safety, and when there are no practicable alternatives for locating and developing an aquaculture or aquaculture support facility lease.
(6) Specific standards and criteria for an aquaculture management agreement - Areas authorized by an aquaculture management agreement shall comply with the following:
(a) An aquaculture management agreement is required for educational and/or scientific activities related to aquaculture which do not require title interest in state lands and when commercial production is not the primary purpose.
(b) Aquaculture management agreements shall be limited to state agencies, local governments, educational institutions, or research institutions when the proposed aquacultural activity or use of sovereignty submerged lands is consistent with the public purposes of the applicant organization and is not an adjunct to a commercial endeavor. Public-private partnerships for demonstration and pilot scale aquaculture programs that provide general public benefit shall qualify for aquaculture management agreements to use sovereignty submerged lands and water columns for aquacultural purposes.
(c) The activity, if within an aquatic preserve, research reserve, marine sanctuary, or state park, shall be compatible with the managed area's management plan, or with applicable management policies when a management plan has not been developed. Applications for aquaculture management agreements in managed areas shall be reviewed by the Department of Environmental Protection.
(d) Riparian rights shall not be unreasonably infringed upon.
(e) The aquaculture management agreement shall contain provisions to ensure that the lease area is marked and that markers are maintained for the term of the agreement. Such marking shall be required to inform the public of the activity and alert the public of potential navigation or safety hazards.
(f) Setbacks from other activities or structures may also be required to ensure safety, facilitate enforcement abilities or ensure resource management.
(g) The cultivation of indigenous, or hybrids of indigenous, plants or animals shall be approved as an aquacultural activity when such activity is consistent with Chapter 597, F.S. Relaying activities shall be conducted pursuant to subsection 597.010(19), F.S.
(h) Exceptions to the specific standards and criteria for an aquaculture management agreement may be considered by the Board to facilitate resource management, protect riparian rights and public safety, and when there are no practicable alternatives for locating and developing an aquaculture or aquaculture support facility lease.
Specific Authority 253.03(7) FS. Law Implemented 253.002, 253.67-75, 253.77 FS. History - New.
18-21.021 Applications, Authorizations, and Review Process for Using Sovereignty Submerged Lands and Water Columns for Aquacultural Activities.
(1) Aquaculture lease application and review process.
(a) An aquaculture lease is required to conduct aquacultural activities on sovereignty submerged lands and/or the overlying water column when the activities meet the criteria for an aquaculture lease in section 18-21.020, F.A.C.
(b) Applications for aquaculture leases shall be obtained from and submitted to the Division of Aquaculture at the address listed in subsection 18-21.021(9), F.A.C.
(c) Applications for aquaculture leases shall include the following.
1. Name, address and phone number of the applicant.
2. Legal description and acreage of the parcel shall be submitted subsequent to final approval of the application but prior to issuance of the lease.
3. Two prints of a survey shall be submitted subsequent to final approval of the application but prior to issuance of the lease of the parcel sought; prepared, signed, and sealed by a person properly licensed by the Florida Board of Professional Surveyors and Mappers when required by Chapter 472, F.S., or an agent of the federal government authorized to do such surveys under federal law. Preliminary site approval can be based upon marking off the general configuration of the parcel sought, including the acreage of the parcel, latitude and longitude coordinates for the corners of the parcel identified using a Global Position System on a topographic map or a navigation chart.
4. Description of the aquaculture activities to be conducted, including whether such activities are to be experimental or commercial, and a description of the applicant's capabilities to conduct such activities.
5. Location of the proposed activity including: county; section, township and range; waterbody; and a vicinity map.
6. Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.
7. Names and addresses, as shown on the latest county tax assessment roll, of each owner of property lying within 500 feet of the parcel sought, prepared from current records of the county property appraiser.
8. A statement describing the potential impacts of the proposed use on the ecology of the area, including seagrasses, fishery habitat and other natural resources present on the parcel sought.
9. A $200 nonrefundable processing fee.
10. A statement by applicants wishing to lease areas not designated by the state, whether they wish to negotiate the fixed lease fee or to bid the lease for the first ten-year lease term.
11. Proof of publication and notification required pursuant to section 253.70, F.S.
(d) The Department shall coordinate the application review process for applications to lease sovereignty submerged lands for aquaculture, which can include the water column, in order to determine that proposed sites are suitable for aquaculture activities. The Department shall also require the applicant to provide the items and information incidental to the review processes specified below. The review procedures to be followed for new applications and renewals include:
1. Review by the Department to determine:
a. that the proposed aquaculture activity is water dependent;
b. that the proposed project and operation is directly related to aquaculture;
c. the desirability of the proposed aquaculture from a resource management perspective; that the proposed construction or operations do not constitute a significant threat to natural resources and that alternative design and operational specifications are included when necessary to avoid or minimize adverse environmental affects;
d. the presence of substantial harvestable wild clams or oysters on the proposed area;
e. that the size of area requested for lease is appropriate to the use;
f. the suitability of the site for leasing;
g. the effect on public health, safety, welfare, or property of others; that the proposed construction or operations do not constitute a hazard to navigation or will not interfere with a riparian property owner's access to navigable water;
h. that the proposed project will not adversely affect significant historical or archaeological resources;
i. applicable special lease conditions, if necessary, that will ensure compliance with Chapter 253, F.S., and this chapter; and,
j. the ability of the applicant to perform the work.
2. Review of the application by the Department of Environmental Protection to assess the effect of the proposed aquacultural activities on water quality and submerged resources and to comment on the consistency of the application with management goals and objectives for managed areas, including state parks, aquatic preserves, marine sanctuaries, or research reserves, as expressed in the management plan applicable to the managed area, or prevailing management practice.
3. Review by the Fish and Wildlife Conservation Commission to comment on the application relative to such factors as an assessment of the probable effect of the proposed lease on the conservation of fish or wildlife or other programs under the constitutional or statutory authority of the Commission.
4. Review by the Department of State when there is evidence of or the likelihood of the existence of historical or archaeological resources on the proposed site.
5. Review by the county commission pursuant to section 253.68, F.S. A resolution of objection adopted by a majority of the county commissioners of the county within whose boundaries the proposed leased area would lie will be considered when it is filed with the Board of Trustees through the Department within 30 days of the date of first publication of the notice of lease.
6. After the coordinated review of the application, the Department shall compile the findings of the review and develop recommendations concerning the use of sovereignty submerged lands and water columns, if applicable, for consideration by the Board. Documents containing the comments received from the review required in this subsection shall become part of the application.
(e) Aquacultural activities that are conducted in accordance with best management practices adopted under Chapter 5L-3, F.A.C., are exempt from the provisions of section 18-21.00401, F.A.C. Activities for which best management practices have not been adopted pursuant to Chapter 5L-3, F.A.C., and require a permit under Part IV of Chapter 373, F.S., shall be subject to concurrent review in accordance with section 18-21.00401, F.A.C., and provided that the Department and the Department of Environmental Protection shall issue a joint recommended consolidated intent. The application for an aquaculture authorization will be submitted to the Department and the joint application for an environmental resource permit shall be submitted to the Department of Environmental Protection as required.
(f) The Department will hold a public hearing in response to heightened public concern raised in response to the public notice requirement prior to making any staff recommendation concerning the lease application.
(g) Applicants must obtain applicable federal permits for aquaculture activities in areas that are subject to federal jurisdictions.
(h) If staff determines that the application is complete and complies with the standards and criteria in Chapter 253, F.S., and this chapter, staff will initiate the agenda process to bring the application and recommendations before the Board for consideration at its next regularly scheduled public meeting. The application shall be approved, approved with modifications, or denied, and the lease fee amount shall be determined by the Board. The Board shall determine the lease fee as the statutory minimum of $15.00 per annum per acre, or any part thereof; or by negotiation; or by competitive bid.
(i) The Board shall require the applicant to cause notice of such lease application to be published in a newspaper of general circulation in the county in which the parcel is situated once a week for three consecutive weeks. If bidding is required, the bid amount, representing the first year's lease fee, shall be submitted prior to the advertised closing date and time. A copy of the notice shall be sent to the county commission, and the municipal government if applicable, by certified mail prior to the appearance of the first newspaper notice. Such notice shall contain the following:
1. Preliminary location description and acreage of parcel sought.
2. Terms of the lease acceptable to the Board and a description of the aquaculture activity being proposed.
3. Deadline, time, and date for the receipt of all bids.
4. Address to which all bids shall be sent.
5. The date, time, and place of the opening of bids.
(j) The Department shall also coordinate the review process and agenda preparation for voluntary conversions of shellfish leases to aquaculture leases.
(2) Aquaculture lease authorization.
(a) Each lease document shall as a minimum contain the following:
1. The term of the lease which shall not exceed ten years.
2. A provision stating that the lease shall be renewable for successive terms upon agreement of both parties.
3. The amount of fee per acre, or fraction thereof, leased which shall take the form of a fixed fee to be paid throughout the term of the lease.
4. A requirement that the leaseholder obtain and maintain a valid aquaculture certification issued by the Department.
5. A provision requiring the disposition of all improvements and aquaculture products upon the termination or cancellation of the lease.
6. A statement that the lease may be assigned or transferred in any manner, in whole or in part, only after prior written approval by the Board. Failure of the lessee to obtain prior written approval shall be grounds for revocation and cancellation by the Board.
7. A provision stating that failure of the lessee to comply with the terms and conditions of the lease shall be grounds for revocation and cancellation of the lease.
8. A description of approved culture and harvesting techniques that can be used on the lease.
9. In addition, a performance bond may be required to ensure compliance with the standards of this rule and the specifications and conditions of the authorization, when the activity is determined to present a special and substantial threat to environmental quality or natural resources. The bond requirement shall be met by execution of a bond, an escrow account, or an acceptable bank letter of credit in favor of the Board. The amount of the bond should be based on the cost of removing the structures and restoring the site to predevelopment conditions, including the water column.
(b) The parcel leased shall be identified, well marked, and shall have, except when it will interfere with the development of the animal and plant life being cultivated by the lessee, reasonable public access for boating, swimming, and fishing. All limitations on the public use of the parcel leased, such as anchoring, prop-dredging, and other destructive activities that would interfere with the approved aquacultural activity shall be set forth in the lease and such restrictions shall be clearly posted in conspicuous places on site by the lessee. Each parcel leased shall be marked in compliance with the provisions of the lease agreement.
(c) Failure to perform the aquaculture activities for which the aquaculture lease was granted or to comply with the terms and conditions of the lease agreement shall be grounds for cancellation of the lease by the Department or Board upon its finding that any substantial provision of this rule or the lease agreement has not been met by the applicant. Revocation shall be in accordance with section 253.04, F.S., or Chapter 18-14, F.A.C., and the terms of the lease agreement. Failure to perform the aquaculture activities for which the lease was granted shall be grounds for cancellation of the lease and forfeiture to the State of Florida of all works, improvements, and aquaculture products in and upon the parcel leased.
(3) Aquaculture support facility lease application and review process.
(a) An aquaculture support facility lease is required to conduct aquacultural activities on sovereignty submerged lands and the overlying water column when such activities are associated with an on-shore aquaculture facility, except when the activity is authorized by a letter of consent pursuant to subsection 18-21.020(5), F.A.C., or for an aquaculture management agreement pursuant to subsection 18-21.020(6), F.A.C.
(b) Applications for aquaculture support facility leases shall be obtained from and submitted to the Division of Aquaculture at the address listed in subsection 18-21.021(9), F.A.C.
(c) Applications for aquaculture support facility leases shall be submitted in accordance with paragraph 18-21.021(1)(c), F.A.C. In addition to these requirements, the application shall include the following.
1. Satisfactory evidence of sufficient upland interest in the riparian upland property to the extent required by paragraph 18-21.004(3)(b), F.A.C.
2. A detailed statement describing the proposed activities, including the project design and description of all operations.
3. A detailed and dimensioned site plan drawing showing:
a. the approximate mean or ordinary high water line;
b. the location of wetland, shoreline and aquatic vegetation and other submerged resources, if existing;
c. the location of the proposed structures and any existing structures;
d. the location of intake and discharge pipelines, pumps, culture units, and tanks;
e. the applicant's upland parcel property lines and zoning restrictions; and
f. the location of the nearest natural or artificial navigation channel or the direction and distance to the nearest navigable water.
(d) The Department shall coordinate the application review process for applications for aquaculture support facility leases according to paragraph 18-21.021(1)(d), F.A.C.
(e) The review process for aquaculture support facility leases located in aquatic preserves shall also include the following:
1. An assessment of design and operational specifications that will be established to avoid or minimize adverse environmental impacts to marine habitat, adjacent wetlands, water quality, and threatened and endangered species such as manatee and sea turtles; including, but not limited to, designs and operations that minimize shading by increasing light transmittance, that ensure compliance with county manatee plans, and that incorporate the installation and maintenance of appropriate manatee protection and resource information signs.
2. A determination of the type of resource protection area, as defined in section 18-20.003, affected by the proposed project. Aquaculture support facility leases shall be placed in sovereignty submerged lands designated as Resource Protection Area 3 when such areas are available and will not result in substantial reductions in proposed operations. Construction and operation of aquaculture support facilities on sovereignty submerged lands designated as Resource Protection Area 2 shall be authorized according to special conditions which minimize adverse environmental impacts. Construction and operation of aquaculture support facilities on submerged lands designated as Resource Protection Area 1 shall be avoided, except under special circumstances as stated in this chapter. Special lease conditions shall be approved by the Board before an aquaculture support facility lease is authorized in a Resource Protection Area 1 or 2; the Board shall consider special circumstances such as: lack of practicable alternatives, compatibility with the aquatic preserve management plans, and compliance with special lease conditions.
(f) In the event that an environmental resource permit or a wetland resource permit under Part IV of Chapter 373, F.S., is required, the Department will require a copy of the permit or notice of intent to issue an environmental resource permit from the Department of Environmental Protection, in accordance with section 18-21.00401, F.A.C.
(g) Aquacultural activities that are conducted in accordance with best management practices adopted under Chapter 5L-3, F.A.C., are exempt from the provisions of section 18-21.00401, F.A.C. Activities for which best management practices have not been adopted pursuant to Chapter 5L-3, F.A.C., and require a permit under Part IV of Chapter 373, F.S. shall be subject to concurrent review in accordance with section 18-21.00401,F.A.C., and provided that the Department and the Department of Environmental Protection shall issue a joint recommended consolidated intent. The application for an aquaculture authorization will be submitted to the Department and the joint application for an environmental resource permit shall be submitted to the Department of Environmental Protection as required.
(h) Applications for aquaculture support facilities in the Florida Keys shall comply with the provisions in section 18-21.0041, F.A.C.
(i) The Department will hold a public hearing in response to heightened public concerns raised in response to the public notice requirement prior to making any recommendation to the Board concerning the lease application.
(j) Applicants must obtain applicable federal permits for aquacultural activities in areas that are subject to federal jurisdictions.
(k) If the Department determines that the application is complete and complies with the standards and criteria of Chapter 253, F.S., and this chapter, it will initiate the agenda process to bring the application and recommendations before the Board for consideration at the next regularly scheduled public meeting. The lease application may be approved, approved with modification, or denied, and the lease fee amount shall be determined by the Board. The Board shall choose the lease fee as the: statutory minimum of $15.00 per annum per acre, or any part thereof; or by negotiation; or by competitive bid.
(l) In the event that the lessee wishes to conduct activities on the aquaculture support facility lease that are not directly related to the aquacultural activities identified in the lease agreement, the lessee shall seek separate authorization from the Board of Trustees. If the activities are determined to be commercial and unrelated to aquaculture, the lessee shall seek authorization pursuant to section 18-21.005, F.A.C.
(m) The Department shall require the applicant to cause notice of such lease proposal to be published in a newspaper of general circulation in the county in which the parcel is situated once a week for three consecutive weeks. If bidding is required, the bid amount, representing the first year's lease fee, shall be submitted prior to the advertised closing date and time. A copy of the notice shall also be sent to the county commission, and the municipal government, if applicable, by certified mail prior to the appearance of the first newspaper notice. Such notice shall contain the following:
1. Preliminary location description and acreage of parcel sought.
2. Terms of the lease acceptable to the Board and a description of the aquaculture activity being proposed.
3. Deadline, time, and date for the receipt of all bids.
4. Address to which all bids shall be sent.
5. The date, time, and place of the opening of bids.
(4) Aquaculture support facility lease authorization.
(a) Each lease document shall as a minimum contain the following:
1. The term of the lease which shall not exceed ten years.
2. A provision stating that the lease shall be renewable for successive terms upon agreement of both parties.
3. The amount of fee per acre leased, which shall take the form of a fixed fee to be paid throughout the term of the lease.
4. A requirement that the leaseholder obtain and maintain a valid aquaculture certification issued by the Department. As a condition of the aquaculture certification the lessee shall comply with special lease conditions, applicable best management practices for the specific aquacultural activity, or with the condition of a permit issued pursuant to Chapter 373, F.S.
5. A provision requiring the disposition of all improvements and aquaculture products upon the termination or cancellation of the lease.
6. A statement that the lease may be assigned or transferred in any manner, in whole or in part, only after prior written approval by the Board. Failure of the lessee to obtain prior written approval shall be grounds for revocation and cancellation of the lease by the Board.
7. A provision stating that failure of the lessee to comply with the terms and conditions of the lease shall be grounds for revocation and cancellation of the lease.
8. A description of approved aquaculture activities that can be conducted on the lease.
9. In addition, a performance bond may be required to ensure compliance with the standards of this rule and the specifications and conditions of the authorization, when the activity is determined to present a special and substantial threat to environmental quality or natural resources. The bond requirement shall be met by execution of a bond, an escrow account, or an acceptable bank letter of credit in favor of the Board. The amount of the bond shall be based on the cost of removing the structures and restoring the site and the water column to predevelopment conditions.
(b) The parcel leased shall be marked, and limitations on public use of the parcel leased, as set forth in the lease, shall be clearly posted by the lessee. Each parcel leased shall be marked in compliance with the provisions of the lease agreement.
(c) Failure to perform the aquaculture activities for which the aquaculture support facility lease was granted, failure to comply with the terms and conditions of the lease agreement, or conducting activities other than those approved shall be grounds for cancellation of the lease by the Department or Board upon its finding that substantial provision of this rule or the lease agreement has not been met by the applicant. Revocation shall be in accordance with section 253.04, F.S. or chapter 18-14, F.A.C., and the terms of the lease agreement. Failure to perform the aquaculture activities for which the lease was granted shall be grounds for cancellation of the lease and forfeiture to the State of Florida all works, improvements and aquaculture products in and upon the parcel leased.
(5) Aquaculture letter of consent application and review process.
(a) Aquaculture activities described in subsection 18-21.020(5), F.A.C., and not included in an aquaculture lease, an aquaculture support facility lease, or a separate sovereignty submerged lands lease or easement, which require the placement of intake and discharge pipe lines, culture systems, docks, or other support structures on or over sovereignty submerged lands shall be authorized by a letter of consent.
(b) The Department shall require the applicant to provide the items required in this subsection to determine that the proposed site meets the criteria established in section 18-21.020, F.A.C., and is suitable for aquacultural activities. Applications for a letter of consent shall include the following.
1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable.
2. Location and address of the proposed activity, using the most comprehensive information available, including: street , route, city, county; section, township and range; coordinates established with Global Positioning System, affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of United States Geological Survey quadrangle map.
3. Satisfactory evidence of sufficient upland interest in the riparian upland property to the extent required by paragraph 18-21.004(3)(b), F.A.C..
4. A detailed statement describing the proposed activity.
5. A detailed and dimensioned site plan drawing showing:
a. the approximate mean or ordinary high water line;
b. the location of the shoreline and aquatic vegetation and/or other submerged resources, if any;
c. the location of the proposed structures and any existing structures;
d. the location of intake and discharge pipelines, pumps, culture units, and tanks;
e. the applicant's upland parcel property lines and zoning restrictions; and
f. the location of the nearest natural or artificial navigation channel or the direction and distance to the nearest navigable water.
(c) Applications for letters of consent shall be submitted to the Division of Aquaculture at the address listed in subsection 18-21.021(9), F.A.C.
(d) Letters of consent result in the exclusion of the general public from sovereignty submerged lands for the benefit of the individual and shall require review by the Department to ensure that the proposed sites are suitable for the proposed aquacultural activity.
(e) If the Department determines that the application is complete and complies with the standards and criteria of sections 18-21.020, 18-21.021, and 18-21.022, F.A.C., copies of the application will be sent to the Department of Environmental Protection and the Fish and Wildlife Conservation Commission for their review and recommendations.
(6) Aquaculture letter of consent.
(a) The department shall issue letters of consent when qualified applicants are issued an Aquaculture Certificate and are in compliance with the best management practices adopted by rule by the Department for that activity.
(b) Failure to perform the aquaculture activities for which the letter of consent was issued, failure to comply with the terms and conditions of the letter of consent, or conducting activities other than those approved in the letter of consent shall be grounds for cancellation of the letter of consent by the Department or Board upon its finding that substantial provision of this rule or the letter of consent has not been met by the applicant.
(c) Authorizations by a letter of consent for aquacultural activities shall be revocable by the Department or Board upon its finding that any substantial term or condition of this rule or the consent of use has not been met by the applicant. Revocation shall be in accordance with section 253.04, F.S., or Chapter 18-14, F.A.C., and the terms of the letter of consent.
(7) Aquaculture management agreement applications and review process.
(a) An aquaculture management agreement is required to use sovereignty submerged lands and the water column for educational and scientific activities related to aquaculture.
(b) The Department shall require applicants for aquaculture management agreements to provide the items required in this subsection to determine that the proposed sites meet these criteria and are suitable for aquacultural activities. Applications for an aquaculture management agreement shall include the following.
1. Name, address and telephone number of applicant and applicant's authorized agent, if applicable.
2. Location of the proposed activity including: county; section, township and range; waterbody; and a vicinity map.
3. A detailed statement describing the proposed activity, including educational and/or scientific objectives.
4. A detailed site plan drawing showing:
a. location of aquatic vegetation and fisheries habitat, if existing;
b. location of proposed structures and any existing structures; and
c. location of intake and discharge pipelines, pumps, culture units, and tanks.
(c) Applications for aquaculture management agreements shall be submitted to the Division of Aquaculture at the address listed in subsection 18-21.21(9), F.A.C.
(d) Applications for management agreements require review by the Department to ensure that the proposed sites are suitable for the proposed aquacultural activity.
(e) If the Department determines that the application is complete and complies with the standards and criteria of sections 18-21.020, 18-21.021, and 18-21.022, F.A.C., copies of the application will be sent to the Department of Environmental Protection and the Fish and Wildlife Conservation Commission for their review and recommendations.
(8) Aquaculture management agreement.
(a) The Board shall enter into an aquaculture management agreement when qualified applicants comply with the standards and criteria in subsection 18-21.020 (6), F.A.C., are issued an Aquaculture Certificate, and are in compliance with the best management practices adopted by rule by the department for that activity.
(b) Failure to perform the aquaculture activities for which the management agreement was granted, failure to comply with the terms and conditions of the management agreement, or conducting activities other than those approved in the management agreement shall be grounds for cancellation of the management agreement by the Department or Board upon its finding that substantial provision of this rule or the management agreement has not been met by the applicant.
(c) Aquaculture management agreements for aquacultural activities shall be revocable by the Department or Board upon its finding that any substantial term or condition of this rule or the management agreement has not been met by the applicant. Revocation shall be done in accordance with section 253.04, F.S., or Chapter 18-14, F.A.C., and the terms of the aquaculture management agreement.
(9) Applications for authorizations to use sovereignty submerged lands for aquacultural purposes shall be submitted to the:
Florida Department of Agriculture and Consumer Services
Division of Aquaculture
1203 Governor's Square Boulevard, Fifth Floor
Tallahassee, Florida 32301
Telephone: (850) 488-5471
Specific Authority 253.03(7) FS. Law Implemented 253.002, 253.67-75, 253.77 FS. History - New.
18-21.022 Payments and Fees for Aquacultural Activities on Sovereignty Submerged Lands and Water Columns.
(1) The application fee for an aquaculture lease or an aquaculture support facility lease is $200.00, and is non-refundable.
(2) The fee for assignment or transfer of an aquaculture lease or an aquaculture support facility lease is $50.00.
(3) The annual rental fees for aquaculture lease and aquaculture support facility lease fees shall be:
(a) The dollar amount of the fixed rate consideration for leases as determined by:
1. the Board establishing a fixed annual lease fee of not less than $15.00 per acre, or fraction thereof, when the Department designates the site;
2. negotiation between the Board and the riparian upland owner when said owner is the applicant and requests the site or by negotiation between the Board and the nonriparian applicant when the applicant selects the site; or
3. competitive bid.
(b) When the Department identifies tracts of sovereignty submerged lands or water columns involving multiple lease parcels for aquacultural development, and there is no established priority for selecting qualified applicants, then the Department shall make recommendations to the Board and request consideration concerning the method to be used to select qualified applicants and to determine the amount of lease fees, in accordance with paragraphs 18-21.022(3)(a) and (c), F.A.C..
(c) The annual lease fee shall not be less than a fixed rate of $15 per acre, or fraction thereof, for a bottom lease and $30 per acre when the lease is to include the water column: bottom leases are considered to include six inches of the water column above the bottom. The annual fee shall be fixed by the Board and adjusted annually based upon the average increase in the Consumer Price Index for the previous five years with a ten percent cap.
(d) An annual surcharge of $10.00 per acre, or any fraction of an acre, shall be levied on each aquaculture lease and each aquaculture support facility lease pursuant to paragraph 253.71(2)(a), F.S., and subsection 597.010 (7), F.S.
(e) Invoices will be sent to each leaseholder 60 days before the payment is due, stating the amount of the annual lease fee and surcharge. If the lease fee and surcharge are not received within sixty days of the payment date specified in the lease agreement, the Department will begin the process to cancel the lease.
(f) Any financial or production data related to the proposed aquacultural activity necessary for purposes of negotiation shall be supplied by the applicant upon the Department's request.
(g) The Department may make recommendations to the Board concerning competitive bids for aquaculture leases:
1. when the Department designates sites for lease, or
2. after aquaculture leases have been terminated, cancelled or otherwise returned to the state, such as abandonment.
(h) Competitive bidding shall not be applied to existing aquaculture leases and aquaculture support facility leases without consent of the current leaseholder when the lease is in compliance with the lease agreement and can be lawfully renewed for another term.
(i) Riparian aquaculture leases and aquaculture support leases shall not be offered for competitive bid when satisfactory evidence of sufficient upland interest in the upland property cannot be demonstrated by prospective bidders.
(j) Competitive bids shall be written offers with a cash consideration, which shall be based on a lease fee per acre per year. The competitive bid submitted to the Department shall include the bid per acre times the number of acres in the lease area offered. The total cash consideration offered shall accompany the written offer and shall be returned to the unsuccessful bidders upon award of the lease or rejection of all bids. The successful bidder will be required to pay all costs of legal advertisement in connection with this lease offering. All bids must be in a sealed envelope marked SEALED BID - STATE AQUACULTURE LEASE - showing lease number and date of sale, and accompanied by certified or cashier's check made payable to the Department of Agriculture and Consumer Services in the full amount of the cash consideration offered as the bid.
1. All applicants must submit a bid to be eligible for a lease when bidding is required.
2. The bid shall be received by the Department prior to the advertised closing date and time.
3. Each bidder shall include as part of the bid a statement as to any sovereignty submerged land lease holdings which have been granted by the State to the bidder. Such statement shall also include the lease number and legal description for all such leases issued.
4. After the first year, the amount bid per acre shall be paid by the successful bidder on or before the first day of the month in which the lease was granted as a fee to be paid throughout the term of the lease.
(k) Existing shellfish leaseholders may convert to an aquaculture lease or an aquaculture support facility lease if they wish to include the water column in the leased area.
(l) When the water quality designation, including the shellfish harvesting area designation, that is necessary for the particular activity is lost due to degradation of water quality, and water quality degradation is not due to the aquacultural activity, the leaseholder shall have the option of:
a. canceling the lease;
b. conducting an aquaculture activity that is consistent with the change in water quality upon prior written approval by the Board; or
c. continuing to retain the lease.
(4) Fees for experimental aquacultural activities on aquaculture leases, aquaculture support facility leases, or aquaculture management agreement areas for state agencies, public, and nonprofit research institutions may be waived by the Board upon proof of public or nonprofit status.
(5) Payments of lease application fees, transfer fees, annual lease fees, surcharges, and other associated fees shall be made to the Department of Agriculture and Consumer Services and deposited in the Department's General Inspection Trust Fund, except when authorized by a sovereignty submerged lands lease or easement administered by the Department of Environmental Protection or a water management district.
Specific Authority 253.03(7) FS. Law Implemented 253.002, 253.67-75, 253.77 FS. History - New.
18-21.900 Forms.
(1) Applications for activities, other than for aquaculture, on sovereignty submerged lands shall be made on the Joint Application for Environmental Resource Permit/Authorization to Use Sovereignty Submerged Lands/Federal Dredge and Fill Permit [Form 62-343.900(1), F.A.C.], except in the area under the jurisdiction of the DEP Northwest Florida District Office, where application shall be made using the forms provided in subsection 62-312.900(1), F.A.C. In both cases, the required forms shall be submitted together with the additional information required in Rules 18-21.007-.010, F.A.C., as applicable. Other forms used by the Board are adopted and incorporated by reference in this section. The forms are listed by rule number, which also is the form number, and with the subject title and effective date. Copies of forms may be obtained on the Internet at http://www.myflorida.com or by writing to the Department of Environmental Protection, Division of Water Resource Management, Bureau of Submerged Lands and Environmental Resources, 2600 Blair Stone Road - MS 2500, Tallahassee, Florida 32399-2400, or any local district or branch office of the Department or water management district.
(a) Billing Information Form, 10-15-98.
(b) Special Event Certification, 10-15-98.
(2) The required forms used by the Board for aquacultural activities are adopted and incorporated by reference in this section. Applications for leases shall be made on the Application for a State-owned, Sovereignty Submerged Lands (Aquaculture) Lease (DACS-15102); applications for transferring leases shall be made on Assignment and Assumption of Lease (DACS 15113); applications to sublease shall be made on Application for Sublease of Sovereignty Submerged Land Aquaculture Lease (DACS 15114). Copies of forms used for aquacultural purposes can be obtained from the Department by writing to the Division of Aquaculture, 1203 Governor's Square Boulevard, Fifth Floor, Tallahassee, Florida, 32301.
Specific Authority 253.03(7), 253.0345, 253.73 FS. Law Implemented 253.03, 253.0345, 253.77 FS. History-New 10-15-98, Amended 12-11-01, ___________.