Florida Regulations 40E-7.520: Scope and Applicability
Current as of: 2024 | Check for updates
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(1) The general regulations contained herein are broad in scope and applicable to all District lands.
(2) The regulations are applicable to all persons entering upon, using, or visiting said District lands.
(3) Consistent with the environmental sensitivity of these areas and the purposes for which the lands were acquired, and all rights, privileges, and protections afforded by the provisions of Florida Statutes § 373.1395, all District lands are hereby deemed open and available to the public for outdoor recreational purposes and access unless otherwise limited, restricted, or prohibited by special provision in this rule. Nothing in this rule prevents other federal, state, or local agencies, including but not limited to those with management contracts with the District, from requiring compliance with their own rules, permits, regulations, ordinances, or laws to the fullest extent of their lawful authority.
(4) Any signage prohibiting access to or use of District lands shall only apply to the property or area set forth in or delineated by such signage and a presumption shall exist that all other portions of the Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way, and vacant undesignated lands where public access or use is not specifically prohibited are open and available for outdoor recreational purposes unless otherwise limited, restricted or prohibited by the Governing Board. This provision shall not be construed to impede enforcement of trespass statutes.
(5) When the District authorizes another government entity to jointly manage public recreation on District lands, this Part is supplemental to the laws, statutes, ordinances, and rules of the other government entity. When in conflict with this Part, the laws, statutes, ordinances, and rules of the other government entity supersede this Part, unless otherwise inconsistent with Florida Statutes Chapter 373
(6) The following District lands are not governed under this Part:
(a) District office buildings, service centers, field stations, pump stations, and other facilities.
(b) District lands that are under a land management lease or agreement with city, county, state, federal agencies, or private entities, to assume total management responsibility, including without limitations Water Conservation Areas 1, 2 and 3.
(c) District lands that are commercially leased lands will not be governed by these rules unless the lease specifically permits public access.
(d) District lands on Tribal Reservations.
(7) Public Use Activities that are authorized by this Part are not authorized on District lands where the District has a less than fee interest and where the underlying fee owner has legally restricted or prohibited public access.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.1391, 373.1395, 373.1401, 373.59 FS. History-New 5-24-94, Amended 11-12-95, 1-7-97, 11-13-97, 1-1-99, 1-5-03, 7-12-06., 5-3-14.
Terms Used In Florida Regulations 40E-7.520
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(3) Consistent with the environmental sensitivity of these areas and the purposes for which the lands were acquired, and all rights, privileges, and protections afforded by the provisions of Florida Statutes § 373.1395, all District lands are hereby deemed open and available to the public for outdoor recreational purposes and access unless otherwise limited, restricted, or prohibited by special provision in this rule. Nothing in this rule prevents other federal, state, or local agencies, including but not limited to those with management contracts with the District, from requiring compliance with their own rules, permits, regulations, ordinances, or laws to the fullest extent of their lawful authority.
(4) Any signage prohibiting access to or use of District lands shall only apply to the property or area set forth in or delineated by such signage and a presumption shall exist that all other portions of the Management Areas, Stormwater Treatment Areas, Impoundment Areas, Rights of Way, and vacant undesignated lands where public access or use is not specifically prohibited are open and available for outdoor recreational purposes unless otherwise limited, restricted or prohibited by the Governing Board. This provision shall not be construed to impede enforcement of trespass statutes.
(5) When the District authorizes another government entity to jointly manage public recreation on District lands, this Part is supplemental to the laws, statutes, ordinances, and rules of the other government entity. When in conflict with this Part, the laws, statutes, ordinances, and rules of the other government entity supersede this Part, unless otherwise inconsistent with Florida Statutes Chapter 373
(6) The following District lands are not governed under this Part:
(a) District office buildings, service centers, field stations, pump stations, and other facilities.
(b) District lands that are under a land management lease or agreement with city, county, state, federal agencies, or private entities, to assume total management responsibility, including without limitations Water Conservation Areas 1, 2 and 3.
(c) District lands that are commercially leased lands will not be governed by these rules unless the lease specifically permits public access.
(d) District lands on Tribal Reservations.
(7) Public Use Activities that are authorized by this Part are not authorized on District lands where the District has a less than fee interest and where the underlying fee owner has legally restricted or prohibited public access.
Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.056, 373.1391, 373.1395, 373.1401, 373.59 FS. History-New 5-24-94, Amended 11-12-95, 1-7-97, 11-13-97, 1-1-99, 1-5-03, 7-12-06., 5-3-14.