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Status: Initial

The Ocean and Coast

The state of Florida has approximately 8,500 miles of coastline, not including the many bays, estuaries, and navigable rivers. Florida holds jurisdiction over submerged lands from the mean high water mark to three nautical miles offshore into the Atlantic Ocean and three leagues (10.3 nautical miles) offshore into the Gulf of Mexico—an estimated 7.7 million acres.

Marine Conservation Agreements

There appears great potential for private conservation organizations to implement Marine Conservation Agreements (MCAs) in Florida based on existing in-water projects. Several examples of leases for conservation or restoration purposes exist, which include leases between the state and subdivisions of the state, universities, counties, and non-profit organizations (such as Florida Audubon). There are also examples of private entities owning and selling intertidal and subtidal lands in Florida, which presents the opportunity for conservation organizations to do the same. While examples of in-water leasing and ownership exist, as of February 2009, The Nature Conservancy had not undertaken comprehensive analyses of related laws, policies, or spatial data. As such, it remains unclear where and how, specifically, MCAs can be used. Organizations wishing to pursue MCAs below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

If organizations pursue MCAs in Florida, several local, state, and federal authorizations may be required. The information that follows provides context for and information regarding possible authorization needs.

Submerged Lands

Florida’s sovereign submerged lands include all lands lying waterward of the ordinary or mean high water line that have not been validly transferred out of state ownership. Such transfers may have originated historically in Spanish land grants, or various acts allowing riparian owners to fill and claim submerged lands. The Florida Constitution currently allows the sale of sovereign submerged lands when in the public interest. Any such sale must be approved by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

The management and leasing of sovereign submerged lands falls primarily on the Florida Department of Environmental Protection (DEP). Proposals for leases or easements of submerged lands require both proprietary and regulatory authorization. For regulatory approval, proposals first go through one of the six DEP regulatory District Offices (in conjunction with Water Management District Offices). Once a proposal is approved by a district office, it is forwarded to the Public Lands Administration, Submerged Lands Section, of the DEP. Regulations governing submerged lands are described in Administrative Rule 18-21.

Additionally, submerged land leases require approval by the DEP Bureau of Beaches and Coastal Systems. A Joint Coastal Permit allows concurrent processing of coastal construction permits, environmental resource permits, wetland resource (dredge and fill) permits, and sovereign submerged lands authorizations. This program considers issues such as the riparian zone rights and public use of the submerged lands when considering a lease or easement.

Florida Department of Environmental Protection
Submerged Lands Section - Public Land Administration
3900 Commonwealth Boulevard, Carr Building
Mail Station 130
Tallahassee, Florida 32399-3000,
Tel: 850.245.2720
Email: Jeffery.Gentry@dep.state.fl.us

Florida Department of Environmental Protection
Environmental Permitting Section - Bureau of Beaches and Coastal Systems
3900 Commonwealth Boulevard
Mail Station 300
Tallahassee, FL 32399-3000
Tel: 850-488-7708

Coastal Zone and Shoreline Development

The Florida Coastal Management Program in the Department of Environmental Protection coordinates among eight state agencies and five water management districts to enforce 23 different statutes, as well as provide technical assistance and funding for coastal projects and local governments.

Florida Department of Environmental Protection
Florida Coastal Management Program
3900 Commonwealth Boulevard
Mail Station 47
Tallahassee, Florida 32399
Tel: 850-245-2161
Fax: 850-245-2163
Email: Web page

Water Quality

The FDEP Water Resources Management Division is the primary manager of water quality. The division also monitors non-point source pollution in conjunction with the Florida Coastal Management Program (above).

Florida Department of Environmental Protection
Water Resource Management
2600 Blair Stone Road
Mail Station 3500
Tallahassee, Florida 32399
Tel: 850-245-8336
Fax: 850-245-8356
Email: Web page

Fish and Wildlife

The Florida Fish and Wildlife Conservation Commission (FWC) is the primary manager of fisheries and wildlife in the state. In addition to permitting functions, three divisions of the FWC may be of particular interest for marine conservation. The Division of Habitat and Species Conservation oversees aquatic habitat management.  The Division of Marine Fisheries develops regulatory and management recommendations, artificial reefs, and strategic plans for fisheries conservation.  The Fish and Wildlife Research Institute monitors marine resources and develops and implements restoration techniques. 

Florida Fish and Wildlife Conservation Commission
Farris Bryant Building
620 S. Meridian St.
Tallahassee, FL 32399-1600
Tel: 850-488-4676

Beaches

FDEP's Bureau of Beaches and Coastal Systems manages activities affecting Florida’s beach and coastal systems and sovereign submerged lands. The activities include the restoration and management of critically eroded beaches, safeguarding the beach and dune systems from imprudent development, and determining shoreline conditions and trends.

Florida Department of Environmental Protection
Bureau of Beaches and Coastal Systems
3900 Commonwealth Boulevard, MS 300
Tallahassee, Florida 32399-3000
Tel: 850-488-7708

Aquaculture

The Department of Agriculture and Consumer Services (FDACS) manages an extensive aquaculture program, including aquaculture leases. The department is currently leasing 1,700 acres of submerged lands for aquaculture purposes, and the market for new leases is very competitive. The leasing application form is available on the Division of Aquaculture website.

Florida Department of Agriculture and Consumer Services
Division of Aquaculture
1203 Governors Square Boulevard, Fifth Floor
Tallahassee, FL 32301
Tel: 850-488-5471
Fax: 850-410-0893
Email: wilhels@doacs.state.fl.us

 

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