Marine Conservation Agreements
A Conservation Practitioner's Toolkit

Florida Resources

Public Lands Law

Submerged Lands Regulations

Submerged Lands Primer (215K)

Maps and Data

Marine Conservation Portfolio Sites

Ecoregional Assessment for Florida Marine (25 MB)

Ecoregional Assessment for Carolinian Marine Ecoregion

Ecoregional Assessment for Northern Gulf of Mexico

The Nature Conservancy's Florida Chapter

State Agency Contact Database

Florida Summary

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.

Conservation Leasing and Ownership

There appears great potential for private conservation organizations to acquire proprietary rights to submerged lands and related resources 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 June 2007, The Nature Conservancy had not undertaken comprehensive assessments of related laws, policies, or spatial data. As such, it remains unclear where all of the opportunities are to use leasing and ownership as ocean and coastal conservation strategies. Organizations wishing to pursue leasing or ownership of lands or resources lying below the high tide line should undertake site-specific assessments or work with state agency staff to evaluate opportunities statewide.

Whether organizations pursue leasing or ownership opportunities, several local, state, and federal authorizations may be required to undertake conservation activities on submerged lands in Florida. 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.1

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 directory: http://www.dep.state.fl.us/cmp/employee.htm 

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 directory: http://www.dep.state.fl.us/water/contacts.htm

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 and an 18 page guide to the application process are 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

1 Lewis, R.S., and E.A. Steinmeyer. 2002-4. Sovereign submerged lands, boundary disputes, and the Public Trust Doctrine.  Lewis, Longman, and Walker, P.A., Attorneys at Law. http://www.llw-law.com/article7.cfm (accessed May 24, 2007).

 

Step 1: Getting Started
1.1 Lease and Own 101
1.2 Myths
1.3 Important Terms
Step 2: Decision Checklist
2.1 Conservation Priorities
2.2 Threats and Strategies
2.3 Organization Capacity
2.4 Ownership and Use
2.5 Laws and Policies
2.6 Owners and Agencies
2.7 Partners and Funders
Step 3: Acquisition Checklist
3.1 Project Initiation
3.2 Title Report
3.3 Owner Contact
3.4 Proposal Completion
3.5 Terms and Conditions
3.6 Funding
3.7 Documentation
3.8 Due Diligence
3.9 Regulatory Permits
3.10 Final Actions
3.11 Site Plan
Step 4: Implementation
4.1 Science
4.2 Habitat
4.3 Maintenance
4.4 Public Use
4.5 Enforcement
4.6 Outreach
Country Summaries
Belize
Chile
Colombia
Costa Rica
Ecuador
Indonesia
Mexico
Peru
United States
Other Countries
U.S. State Summaries
Alabama
Alaska
California
Connecticut
Delaware
Florida
Georgia
Hawaii
Louisiana
Maine
Maryland
Massachusetts
Mississippi
New Hampshire
New Jersey
New York
North Carolina
Oregon
Pennsylvania
Rhode Island
South Carolina
Texas
Virginia
Washington
Other States
Case Studies
Agreement: Ecuador
Agreement: Fiji
Agreement: Philippines
Agreement: Phoenix Islands
Concession: Chile
Lease: California
Lease: Connecticut
Lease: Indonesia 1
Lease: Indonesia 2
Lease: Tanzania
Lease: Washington
Lease/Own: California
Lease/Own: UK
License: Rhode Island
Own: Massachusetts
Own: New York
Own: North Carolina
Own: Texas
Own: Virginia
Own: Washington
Program: Arizona
Program: Washington
Permit: California
Permit: Mexico
Resources
Assessments
Contact Information
Funding Sources
Maps and Data
Publications & Presentations
Related Tools
Sample Documents
Workshops

 

Marine Conservation Agreements     Copyright © 2008 The Nature Conservancy