STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION APR 29
offie (tte Secretary
IN RE: Petition to Modify the Landward se
Boundaries of Aquatic Preserve .)
Outstanding Florida Waters From '-
the Mean High Water Line to the 's /^ &
Landward Extent of the Waters .
of the State., ,
PETITION TO INITIATE RULEMAKING
1. This is a petition to initiate rulemaking pursuant
to Section 120.54(5), Fla. Stat.; Fla. Admin. Code Rule 28-3.11;
and Fla. Admin. Code Rule 17-3.041(2), for the purpose of amending
the landward boundaries of Aquatic Preserve Outstanding Florida
Waters set forth in Fla. Admin. Code Rule 17-3.041(4)(h). The
proposed amendment reads as follows:
(h) Waters within State Aquatic Preserves
(The landward boundary of all such
CFW's shall be the landward extent of
the jurisdictional waters of the state.
Privately owned suLnerged bottomland
inholdings within such aquatic preserves
are part of the aquatic preserve CEW)" -
Identity of Petitioner
2. ManaSota-88, Inc., is a charitable, public
interest, public membership organization incorporated as a
not-for-profit corporation under the laws of the State of
Florida. The primary corporate purposes of ManaSota-88, Inc.
include, but are not limited to, the protection and enhancement
of human health of the citizens of Florida, and the protection
and enhancement of the water and natural resources of the
"''State of Florida. ManaSota-88, Inc., was first organized
in 1966 in conjunction with the United States Public Health
Departments of Sarasota and Manatee Counties. The membership
of ManaSota-88, Inc. consists of individuals who use and
enjoy the waters of the areas proposed for designation as
Class II Waters in this petition.
3. The current language in Fla. Admin. Code Rule
17-3.041(4)(h), as officially interpreted by the Florida
Department of Environmental Regulation (DER), provides
that the landward boundary of bodies of water designated as
Outstanding Florida Waters (OFW) due to their status as
state aquatic preserves, shall be the boundaries of the
state owned bottomland. As a result of this definition, the
landward boundary of aquatic preserve OFW's is the mean high
water mark, thus excluding the critically productive trans-
itional wetlands habitat above the mean high water mark.
No scientific basis exists to exclude these critically
productive transitional wetlands from the protective OFW
4. The current language in Rule 17-3.041(4)(h),
as officially interpreted by DER excludes the OFW designa-
tion of the water column overlying privately owned submerged
bottom land inholdingswithin state aquatic preserves. No
scientific basis exists for such an exclusion. The result
of such exclusions is to create administrative permitting
complications for DER,permit applicants and substantially
affected third parties.
5. In April of 1986, the Florida Environmental
Regulation Commission (ERC) passed a resolution directing
DER staff to initiate rulemaking to extend the landward
boundary of aquatic preserve OFW 's from the aquatic
preserve boundary to the landward extent of the waters
of the state. To date, DER staff has not formally presented
"the ERC with any rulemaking initiate on this subject.
ManaSota-88, Inc. hereby waives the 30 day statutory
time limit in Section 120.54, Fla. Stat.
WHEREFORE, ManaSota-88, Inc. respectfully requests
the ERC and DER
1) to grant this petition to initiate rule-
"... 2) to enact and adopt the proposed amendment
set forth above.
As Counsel for ManaSdta-88, Inc.
Thomas W. Reese, Esq.
123 8th Street North
St. Petersburg, Fla. 33701
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the above has been forwarded
by U.S. Mail to Dale Twachtmann, Secretary, Department of
Environmental Regulation, 2600 Blair Stone Road, Tallahassee,
Florida, 32301, on this 2 _ day of April, 1987.
cc: Dr. Richard Garrity