Current through Reg. 50, No. 187; September 24, 2024
(1) A person
shall apply for a Special Use Authorization to use District Lands in a manner
not otherwise provided for in this chapter.
(2) To receive a Special Use Authorization
the applicant must provide reasonable assurance that:
(a) The requested use will not involve the
permanent alteration of any District Land or the permanent placement of any
structure on District Land;
(b) The
requested use is resource-based;
(c) The requested use is consistent with the
management plan for the District Lands involved;
(d) The requested use will not harm the
environmental resources of the District Land;
(e) The requested use will not cause
unreasonable expense to the District;
(f) The requested use will not create a
substantial risk of liability to the District;
(g) The requested use will not harm any dam,
impoundment, works, water control structures, roads, or District-owned
facilities or equipment;
(h) The
requested use will not interfere with District water management, leased, or
authorized uses of the land; and
(i) The requested use will not interfere with
any other use allowed by this chapter.
(3) The District shall impose upon any
Special Use Authorization issued pursuant to this chapter such reasonable
conditions as are necessary to assure that the use or activity authorized will
meet the criteria set forth in this chapter.
(4) The Governing Board delegates to the
Executive Director or Designee the authority to issue or revoke Special Use
Authorizations pursuant to this section.
(5) Any person may apply for a Special Use
Authorization according to the following procedure:
(a) Submit request to:
St. Johns River Water Management District
Bureau of Land Resources
4049 Reid Street
Palatka, Florida 32177-2529
(b) If the requested use will create a
substantial risk of liability to the District, the applicant can mitigate the
substantial risk of liability by:
1. Providing
proof of liability and property damage coverage insurance naming the District
as an insured in an amount sufficient to cover the cost of the potential
liability; or
2. Providing waivers
or releases of liability sufficient to eliminate the potential
liability.
(c) The
application will be reviewed by District staff for compliance with the criteria
listed in subsection 40C-9.360(2),
F.A.C., who shall then issue a recommendation regarding the application to the
Executive Director or Designee. The staff recommendation shall set forth the
recommended term for the Special Use Authorization, which may be based upon a
term of one year or less, and may be renewable for up to five years. All
Special Use Authorizations shall be revocable at will by the
District.
(d) If the requested use
satisfies all of the criteria set forth in this section, the Executive Director
or designee, shall issue the Special Use Authorization, except in the case of a
Special Use Authorization applied for under paragraph
40C-9.320(1)(b) or
(c), F.A.C.
(e) If the requested use does not meet the
criteria set forth in this section, the Executive Director shall deny the
Special Use Authorization application, except in the case of a Special Use
Authorization applied for under paragraph
40C-9.320(1)(b),
F.A.C.
(f) If a requested use
applied for under paragraph
40C-9.320(1)(b),
F.A.C., satisfies the criteria in this section, and if the District has not
reached the limit for Special Use Authorization for a use under paragraph
40C-9.320(1)(b),
F.A.C., during the same calendar year, the Executive Director or Designee may
issue the Special Use Authorization. If a requested use applied for under
paragraph 40C-9.320(1)(b),
F.A.C., does not satisfy the criteria in this section, or if the District has
reached the limit for Special Use Authorizations for a use under paragraph
40C-9.320(1)(b),
F.A.C., during the same calendar year, the Special Use Authorization shall be
denied.
(g) The District's notices
of intent to issue or deny a Special Use Authorization shall be governed by
rule 40C-1.511, F.A.C.
(6) The Bureau of Real Estate Services shall
prepare an annual summary report to the Governing Board of all issued Special
Use Authorizations.
(7) Any person
receiving a Special Use Authorization from the District must have the Special
Use Authorization in their possession at all times while on District
Lands.
(8) The Executive Director
or Designee shall revoke a Special Use Authorization if the user violates the
conditions of the authorization or if the user engages in a use not authorized
by the authorization.
Rulemaking Authority
373.044,
373.083,
373.113,
373.1391 FS. Law Implemented
373.093,
373.1391,
373.1401,
373.199 FS.
New 1-16-94, Amended 5-11-94, 7-30-01,
6-7-04.
