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 sovereign submerged lands.
����� (1) No change.
����� (2) Resource Management
����������� (a) through (l) No change.
����������� (m) Installation of fiber optic conduits or cables shall only be approved where a need for such installation is demonstrated by the applicant.� Installation of fiber optic conduits or cables shall be prohibited south of Sunny Isles in Miami-Dade County and including all of Monroe County.� Installations in Southeast Florida shall be encouraged to locate in one of the following reef-gap corridors through the second and third reef tracts off Palm Beach and Broward Counties as shown in Figure 1:� Briny Pete�s Gap, beginning at the easternmost end at S. Lat. 26 39.840/S. Long. 80 01.181 and N. Lat. 26 39.448/N. Long. 80 01.219 and extending perpendicular to shore in a 797 yard-wide corridor to 100 yards landward of the second reef tract; Murphy�s Gap, beginning at the easternmost end at S. Lat. 26 37.659/S. Long. 80 01.341 and N. Lat. 26 38.481/N. Long. 80 01.258 and extending perpendicular to shore in a 1,672 yard-wide corridor to 100 yards landward of the second reef tract; McAllister�s Gap, beginning at the easternmost end at S. Lat. 26 28.489/S. Long. 80 02.581 and N. Lat. 26 29.150/N. Long. 80 02.367 a 1,349 yard-wide corridor to 100 yards landward of the second reef tract; Bull Net Gap, beginning at the easternmost end at S. Lat. 26 16.570/S. Long. 80 03.810 and at N. Lat. 26 16.710/N. Long. 80 03.770 and extending perpendicular to shore in a 293 yard-wide corridor to 100 yards landward of the second reef tract; or Struhs� Gap, beginning at the easternmost end at S. Lat. 25 58.253/S. Long. 80 05.473 and N. Lat. 26 58.856/N. Long. 80 05.527 and extending perpendicular to shore in a 1,225 yard-wide corridor to 100 yards landward of the second reef tract.
�� 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. The following shall be used to determine the form of approval required:

����� (a)� through (c) No change.
����� (d) Easement� � is required for:
����� 1. Utility crossings and rights of way.� However, a temporary consent of use shall initially be issued for the installation of fiber optic cables or conduits from the first landfall on the mainland to the limits of the territorial sea that are directionally drilled beneath sovereign submerged lands to the second reef tract offshore of Palm Beach or Broward County and that then extend entirely through the reef-gap corridors identified in 18-21.004(2)(m), F.A.C., provided that an easement is executed within six months of completion of the installation;

����� 2. through 8.� No change.
����� (e)through (g)� 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,.

����� (b)� docking facilities having a preempted area, as defined in Subsection 18-21.003 (38), F.A.C., of more than 50,000 square feet, and additions to existing docking facilities where the size of the proposed additional preempted area exceeds 10% of the existing preempted area and the total of existing and proposed additional preempted area exceeds 50,000 square feet;
����� (c) private easements of more than 5 acres, except for the installation of fiber optic cables or conduits from the first landfall on the mainland to the limits of the territorial sea that are directionally drilled beneath sovereign submerged lands to the second reef tract offshore of Palm Beach or Broward County and that then extend entirely through the reef-gap corridors identified in 18-21.004(2)(m), F.A.C.;

����� (d)� the establishment of a mitigation bank.
����� (3) The Secretary of the Department of Environmental Protection and the Governing Boards of the specified Water Management Districts may further delegate review and decision making authority of activities authorized under Chapter 18-21.002, F.A.C., to staff within their respective agencies.
����� (4) The delegations set forth in subsection (2) are not applicable to a specific application for a request to use sovereign submerged lands under Chapters 253 or 258, F.S., where one or more members of the Board, the Department, or the appropriate water management district determines that such application is reasonably expected to result in a 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, Amended.
�

����� (b)� Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of a United States Geological Survey Quadrangle Map.
����� (c)� Satisfactory evidence of title or extent of interest of the applicant to the riparian uplands or consent of upland owners for proposed use;
����� (d) A detailed statement of proposed use. If the applicant is a local governing body, the request shall be by official resolution or action;. If the activity is a fiber optic cable or conduit, proof of need is required;

����� (e)� Two prints of a survey prepared, signed, and sealed by a person properly licensed by the Florida State Board of Land Surveyors meeting the following requirements:
����� 1. utilizing an appropriate scale on 81/2�� � 11�� size paper;
����� 2. showing boundaries of the parcel sought.
����� 3.� showing ownership lines of the riparian uplands.
����� 4.� showing the line of ordinary or mean high water;
����� 5.� showing the location of the shoreline vegetation, if existing;
����� 6.� showing the location of any proposed or existing structures; and
����� 7.� including a legal description and acreage of the parcel sought.� However, for fiber optic cables or conduits from the first landfall on the mainland to the limits of the territorial sea that are directionally drilled beneath sovereign submerged lands to the second reef tract offshore of Palm Beach or Broward County and that then extend entirely through the reef-gap corridors identified in 18-21.004(2)(m), F.A.C., a sketch of the location of the cable or conduit within a corridor may be submitted provided that an as-built survey and legal description are submitted upon completion of construction.� Such sketch shall be on NOAA nautical charts using the smallest scale available for the portion of the route shown.
����� (f)Written comments from the Department of Environmental Protection, when applicable, in the form of:

����� 1.� permit appraisal or biological assessment; and
����� 2.� letter of intent, if issued;
����� (f)(g)� A $200.00 non-refundable processing fee.� However, a $15,000 non-refundable processing fee is required for fiber optic cables or conduits and similar installations located in the territorial sea, including the area between mean high and mean low water.� The processing fee may be waived for state agencies established pursuant to Chapter 20, Florida Statutes, and local governments; and
����� (g)(h)� If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated.
����� (2)� All easements across sovereignty lands shall be subject to reverter upon failure of the applicants to use the parcels sought as proposed in the applications.
����� (3)� The terms of the easements shall be limited to the life of the proposed project or amortization of the improvements.
Specific Authority 253.03(7) FS.� Law Implemented 253.03, 253.12 FS.� History � New 9-26-77, Formerly 16C-12.09, 16Q-17.09, Revised 3-27-82, Formerly 16Q-21.09, 16Q-21.009, Amended.

����� (b)� Location of the proposed activity including: county; section, township and range; affected waterbody; and a vicinity map, preferably a reproduction of the appropriate portion of a United States Geological Survey Quadrangle map;
����� (c)� Satisfactory evidence of title or extent of interest of the applicant to the riparian uplands or consent of upland owners for proposed use;
����� (d)� A detailed statement of proposed use;. If the activity is a fiber optic cable or conduit, proof of need is required;
����� (e)� A statement evidencing that the easement sought is in the public interest;
����� (f)� Two prints of a survey prepared, signed, and sealed by a person properly licensed by the Florida State Board of Land Surveyors meeting the following requirements:
����� 1.� utilizing an appropriate scale on 81/2�� � 11�� size paper (unless a larger size is necessary to provide sufficient clarity and detail);
����� 2.� showing boundaries of the parcel sought;
����� 3.� showing ownership lines of the riparian uplands;
����� 4.� showing the line of ordinary or mean high water;
����� 5.� showing the location of the shoreline vegetation, if existing;
����� 6.� showing the location of any proposed or existing structures; and
����� 7.� including a legal description and acreage of the parcel sought. However, for fiber optic cables or conduits from the first landfall on the mainland to the limits of the territorial sea that are directionally drilled beneath sovereign submerged lands to the second reef tract offshore of Palm Beach or Broward County and that then extend entirely through the reef-gap corridors identified in 18-21.004(2)(m), F.A.C., a sketch of the location of the cable or conduit within a corridor may be submitted provided that an as-built survey and legal description are submitted upon completion of construction.� Such sketch shall be on NOAA nautical charts using the smallest scale available for the portion of the route shown.

�� (g)� Written comments from the Department of Environmental Protection, when applicable, in the form of:
������ 1.� permit appraisal or biological assessment; and
������ 2.letter of intent, if issued;
����� (g)(h)� A list of names and addresses of all property owners within a 500 1,000 foot radius of the proposed easement area, verified by the County Property Appraiser's Office that these names came from the latest tax assessment rolls. The names and addresses shall be clearly typed and acceptable to the Department, preferably on labels suitable for mailing;
����� (h)(i)( A $200.00, non-refundable processing fee.� However, a $15,000 non-refundable processing fee is required for fiber optic cables or conduits and similar installations located in the territorial sea, including the area between mean high and mean low water;
����� (i)(j)� If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated;
����� (j)(k)� If the application is for an easement of right-of-way for private access from a public road to lands of the applicant, proof of approval from the agency having jurisdiction over the public road; and
����� (k)(l)� Payment for the value of the easement in the amount stated on an appraisal performed by an independent appraisal firm contracted by the applicant and approved by the department. Payment for easements for fiber optic cables or conduits from the limits of the territorial sea to first landfall on the mainland, including the area between mean high and mean low water, shall be made in accordance with the terms in subsection 18-21.011(2), F.A.C.
����� (2)� Applications shall be granted upon such terms and conditions, including payment of the value of the easement, if any, that the board sees fit. If required by the board, full payment shall be made within 90 days after receipt of notification that the easement has been granted by the board or the granting of the easement shall be invalid.
����� (3)� All easements across sovereignty lands shall be subject to reverter upon failure of the applicant to use the parcels sought as proposed in the applications.
����� (4)� The terms of all the easements shall be limited to a reasonable period of time related to the life of the proposed project or amortization of the improvements.
Specific Authority 253.03(7) FS.� Law Implemented 253.03, 253.12 FS.� History � New 12-20-78, Formerly 16C-12.10 and 16Q-17.10, Revised 3-27-82, Formerly 16Q-21.10, 16Q-21.010, Amended.

18-21.011 � Payments and Fees.
����� (1)� No change
����� (2)� Private Easements
����� (a)� The fee for private easements, other than fiber optic cables subject to (b) below, shall be determined by an appraisal obtained by the applicant. The appraiser must be selected from the division's approved list of appraisers and the appraisal must be reviewed and approved by the division.
����� (b)� In addition to standard appraisal requirements and procedures, the following factors shall be considered in determining the easement fee:

����� 2.� the enhanced property value or profit gained by the applicant if the proposed easement is approved.
����� (b)� The fee for private easements for fiber optic cables or conduits from the limits of the territorial sea to first landfall on the mainland, including the area between mean high and mean low water, shall be determined by the appraised value of the easement area plus a one-time enhanced value fee of $5 per linear foot of cable installed for easements up to 10 feet wide, and prorated accordingly for easements of greater widths.� The enhanced value fee shall be revised March 1 of each year and increased or decreased based on the average change in the Consumer Price Index.� The average change in the Consumer Price Index is calculated annually by averaging the Consumer Price Index over the previous five-year period.� There shall be a 10 percent cap on any annual increase.
����� (3) through (5)� 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,.