eLaws of Florida

  SECTION 258.41. Establishment of aquatic preserves.  


Latest version.
  • 1(1) 2The board may establish additional areas to be included in the aquatic preserve system, subject to confirmation by the Legislature.
    22(2) 23The board may, after public notice and public hearing in the county or counties in which the proposed preserve is to be located, adopt a resolution formally setting aside such areas to be included in the aquatic preserve system.
    62(3) 63The resolution setting aside an aquatic preserve area shall include:
    73(a) 74A legal description of the area to be included.
    83(b) 84The designation of the type of aquatic preserve being set aside.
    95(c) 96A general statement of what is sought to be preserved.
    106(d) 107A clear statement of the management responsibilities for the area.
    117(4) 118Lands and water bottoms owned by other governmental agencies may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate instrument in writing from the governmental agency.
    149(5) 150Lands and water bottoms in private ownership may be included in an aquatic preserve upon specific authorization for inclusion by an appropriate instrument in writing from the owner. The appropriate instrument shall be either a dedication in perpetuity or a lease. Such lease shall contain the following conditions:
    198(a) 199Term of the lease shall be for a minimum period of 10 years.
    212(b) 213The board shall have the power and duty to enforce the provisions of each lease agreement and shall additionally have the power to terminate any lease if the termination is in the best interest of the aquatic preserve system.
    252(c) 253The board shall pay no more than $1 per year for any such lease.
    267(6) 268Except as provided in subsection (5), no aquatic preserve or any part thereof shall be withdrawn from the state aquatic preserve system except by an act of the Legislature. Notice of such proposed legislation shall be published in each county in which the affected area is located, in the manner prescribed by law relating to local legislation.
    325(7) 326Within 30 days of the designation and establishment of an aquatic preserve, the Board of Trustees of the Internal Improvement Trust Fund shall record in the public records of the county or counties in which the aquatic preserve is located a legal description of the aquatic preserve.
History.-s. 1, ch. 75-172.

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