Florida Regulations 40B-9.1381: Prohibited Activities
Current as of: 2024 | Check for updates
|
Other versions
The following activities are prohibited on District lands to the extent specified herein unless specifically authorized by the written terms of a Governing Board approved agreement or lease with any governmental entity or public or private utility or as part of a land management operation conducted by the District:
(1) Hunting or trapping animals, and releasing free-running dogs on District lands is prohibited except as provided in Fl. Admin. Code R. 40B-9.131(2)(j), above.
(2) The possession and/or use of alcoholic beverages on District land is prohibited.
(3) The disposal or discharge of any type of waste outside of designated waste collection facilities on District lands is prohibited.
(4) The disposal of oil, gasoline, or other hazardous substances on District lands is prohibited.
(5) Removing from or altering, destroying, or harming any animal, plant, soil, or mineral on District lands is prohibited, unless associated with:
(a) District authorized research efforts;
(b) Hunting and fishing activities specifically authorized under Part II of this chapter, or
(c) District initiated removals associated with reforestation, control of exotic or nuisance species, timber harvests, or other land management activities.
(6) The introduction or release of any seed, plant or animal on District lands is prohibited.
(7) Removal, alteration or destruction of historic resources on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
The District shall consult the Florida Department of State, Division of Historical Resources, prior to authorizing the removal, alteration or destruction of any archaeological or cultural resources on District lands. Any person who discovers historic resources on District lands shall immediately notify the District of such discovery.
(8) Scuba diving or the use of underwater breathing apparatus on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411 To receive a Special Use Authorization for scuba diving, in addition to meeting the criteria in Fl. Admin. Code R. 40B-9.1411, the applicant must provide reasonable assurances that the dive is for a scientific or investigative purpose and the person performing the dive is certified for the type of dive to be performed. A person issued a Special Use Authorization to perform a dive on District land must submit a report upon completion of the dive informing the District of any scientific or historic evidence discovered during the dive.
(9) Taking off or landing aircraft on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411, or the result of a bona fide emergency.
(10) Use of all-terrain, off-road, or other motorized vehicles not licensed for Florida highway use on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411, unless associated with District authorized reforestation, exotic or nuisance species control, timber harvests, or other land management activities, or approved hunts managed by the Florida Fish and Wildlife Conservation Commission.
(11) The mooring of any boat on District lands for more than 24 consecutive hours is prohibited, unless otherwise indicated by signage.
(12) The destruction, removal or alteration of any District-owned facilities, vehicles or other property is prohibited. District-owned property includes, but is not limited to, water control structures, boardwalks, kiosks and other recreational facilities, scientific study plots, photo points, transect lines, survey markers, buildings, towers, recorders, gauges, signs, gates, fences and monuments.
(13) The use of archery equipment, animal traps, or other similar devices on District lands is prohibited unless specifically authorized for:
(a) Hunting activities as authorized under Fl. Admin. Code R. 40B-9.131(2)(j), above;
(b) District initiated land management activities, or
(c) A use specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(14) The use of paintball guns, paintball markers, other paintball equipment, or airsoft guns on District lands is prohibited.
(15) The possession or discharge of any fireworks or explosives on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(16) Distributing any handbills or circulars, or posting, placing or erecting any bills, notices, paper signs, advertising devices, or informational matter of any kind, excluding District or management agency notices, on District lands is prohibited.
(17) Igniting any fire on District lands is prohibited except for District authorized prescribed burns or fires specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(18) Constructing, erecting or maintaining any facility or any other structure of a permanent or semi-permanent nature on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
Any unauthorized facility or structure discovered on District lands shall be removed according to the following procedure:
(a) Upon discovery of an unauthorized facility or structure, the District will post a notice on such facility or structure for a period of 14 days, informing the owner that such facility or structure is not authorized and that the owner must immediately remove such facility or structure.
(b) If the owner of the unauthorized facility or structure fails to remove such facility or structure within 14 days after posting of the District notice, the District will remove such facility or structure from District lands or claim such facility or structure as District property.
The District may seek reimbursement of costs for removal of any unauthorized facility or structure from the owner of such facility or structure.
(19) Any use of District lands not authorized by Part II of this chapter is prohibited.
(20) The placement or use of surveillance cameras on District lands is prohibited, however, cameras can be placed on District lands no more than 30 days before a hunt managed and approved by the Florida Fish and Wildlife Conservation Commission (FWC) and shall be removed by the last day of the approved FWC hunt. Any other surveillance cameras found on District lands in violation of this rule will be confiscated.
Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History-New 5-31-09, Amended 7-21-10, 4-26-12, 5-9-17.
Terms Used In Florida Regulations 40B-9.1381
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(2) The possession and/or use of alcoholic beverages on District land is prohibited.
(3) The disposal or discharge of any type of waste outside of designated waste collection facilities on District lands is prohibited.
(4) The disposal of oil, gasoline, or other hazardous substances on District lands is prohibited.
(5) Removing from or altering, destroying, or harming any animal, plant, soil, or mineral on District lands is prohibited, unless associated with:
(a) District authorized research efforts;
(b) Hunting and fishing activities specifically authorized under Part II of this chapter, or
(c) District initiated removals associated with reforestation, control of exotic or nuisance species, timber harvests, or other land management activities.
(6) The introduction or release of any seed, plant or animal on District lands is prohibited.
(7) Removal, alteration or destruction of historic resources on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
The District shall consult the Florida Department of State, Division of Historical Resources, prior to authorizing the removal, alteration or destruction of any archaeological or cultural resources on District lands. Any person who discovers historic resources on District lands shall immediately notify the District of such discovery.
(8) Scuba diving or the use of underwater breathing apparatus on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411 To receive a Special Use Authorization for scuba diving, in addition to meeting the criteria in Fl. Admin. Code R. 40B-9.1411, the applicant must provide reasonable assurances that the dive is for a scientific or investigative purpose and the person performing the dive is certified for the type of dive to be performed. A person issued a Special Use Authorization to perform a dive on District land must submit a report upon completion of the dive informing the District of any scientific or historic evidence discovered during the dive.
(9) Taking off or landing aircraft on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411, or the result of a bona fide emergency.
(10) Use of all-terrain, off-road, or other motorized vehicles not licensed for Florida highway use on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411, unless associated with District authorized reforestation, exotic or nuisance species control, timber harvests, or other land management activities, or approved hunts managed by the Florida Fish and Wildlife Conservation Commission.
(11) The mooring of any boat on District lands for more than 24 consecutive hours is prohibited, unless otherwise indicated by signage.
(12) The destruction, removal or alteration of any District-owned facilities, vehicles or other property is prohibited. District-owned property includes, but is not limited to, water control structures, boardwalks, kiosks and other recreational facilities, scientific study plots, photo points, transect lines, survey markers, buildings, towers, recorders, gauges, signs, gates, fences and monuments.
(13) The use of archery equipment, animal traps, or other similar devices on District lands is prohibited unless specifically authorized for:
(a) Hunting activities as authorized under Fl. Admin. Code R. 40B-9.131(2)(j), above;
(b) District initiated land management activities, or
(c) A use specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(14) The use of paintball guns, paintball markers, other paintball equipment, or airsoft guns on District lands is prohibited.
(15) The possession or discharge of any fireworks or explosives on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(16) Distributing any handbills or circulars, or posting, placing or erecting any bills, notices, paper signs, advertising devices, or informational matter of any kind, excluding District or management agency notices, on District lands is prohibited.
(17) Igniting any fire on District lands is prohibited except for District authorized prescribed burns or fires specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(18) Constructing, erecting or maintaining any facility or any other structure of a permanent or semi-permanent nature on District lands is prohibited unless specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
Any unauthorized facility or structure discovered on District lands shall be removed according to the following procedure:
(a) Upon discovery of an unauthorized facility or structure, the District will post a notice on such facility or structure for a period of 14 days, informing the owner that such facility or structure is not authorized and that the owner must immediately remove such facility or structure.
(b) If the owner of the unauthorized facility or structure fails to remove such facility or structure within 14 days after posting of the District notice, the District will remove such facility or structure from District lands or claim such facility or structure as District property.
The District may seek reimbursement of costs for removal of any unauthorized facility or structure from the owner of such facility or structure.
(19) Any use of District lands not authorized by Part II of this chapter is prohibited.
(20) The placement or use of surveillance cameras on District lands is prohibited, however, cameras can be placed on District lands no more than 30 days before a hunt managed and approved by the Florida Fish and Wildlife Conservation Commission (FWC) and shall be removed by the last day of the approved FWC hunt. Any other surveillance cameras found on District lands in violation of this rule will be confiscated.
Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.096, 373.099, 373.1391, 373.1401 FS. History-New 5-31-09, Amended 7-21-10, 4-26-12, 5-9-17.