Wednesday, July 1, 2009

Senate Bill 2080 Passed

Governor Crist signed Senate Bill 2080 into law.

A part of Bill 2080 codefies the principles of Florida-Friendly Landscaping. In a letter, the Governor asked that governing boards and executive directors continue to include surface water and consumptive use permits on all board meeting agendas or other public meetings for discussion and transparency puposes.

Governor Crist letter

Senate Bill 2080

Commercial Harvesting of Freshwater Turtles Banned

The Florida Fish and Wildlife Conservation Commission passed a ban of commercial harvesting of all freshwater turtles in Florida.

FWC Press Release

High Springs Herald article

St. Petersburg Times article

Monday, June 29, 2009

Public Has Access to Submerged Lands of Springs

SUMMARY

PREEMPTION ISSUES WE INVESTIGATED DUE TO PUBLIC CONCERNS:
• Park management verbally telling canoers/kayakers that they could not paddle into spring & spring run and would have to pay admission fee to swim
• 2 posted signs along the spring run that caused confusion – leading river users to believe the spring and spring run were private (“DESIGNATED SWIMMING AREA – NO BOATS BEYOND THIS POINT” + “POE SPRINGS PARK – ENTRANCE FEE - $5.00 PER PERSON”)
Both issues bulleted above can qualify as “unauthorized preemption” of SSL (Sovereign Submerged Lands)

RESULTS:
• Division of State Lands confirmed “THE STATE HOLDS TITLE TO THE SUBMERGED LANDS OF POE SPRING, POE SPRING RUN AND THE SANTA FE RIVER AT THIS SITE”
• Alachua County & Nature Quest was informed of the title determination – both agreed not to limit/manage/control public access to Poe Spring and the spring run
• County removed both signs from the spring run (signs had been put up prior to Nature Quest management) – I (DEP) visited site this morning and confirmed removal
• Informed county that they could not deposit “new sand” or “other fill” w/in 100’ of the spring & spring run to maintain the present man-made beach area

ANSWERS TO QUESTIONS:
1. Yes, the waters in the spring and spring run are for the public’s use and cannot be managed by another party without authorization
2. Yes, any lands “waterward” of the “ordinary high” along the Santa Fe River, the spring run, and the spring itself is SSL for public use (lawful) and cannot be managed by another party without authorization
3. Yes, the land submerged (bottom) in the spring and spring run is SSL for public use – public can “walk” up the spring run
4. Yes, the public has the right to park on the Santa Fe River bank (staying in water) & wade/walk or swim up into the spring run and spring. Yes, the public can paddle up into the spring run and spring.
5. SEE DISCUSSION BELOW

DISCUSSION:
At different times the fixed ordinary high water line can fall below water levels (i.e. floods) or can be above water levels on dry bank (i.e. drought) – a good rule of thumb is for the public to stay in the water column with their vessel and feet – along the mostly level river, spring bottom. Walking along the exposed sloping banks of rivers and springs contribute to bank erosion and potentially gets the user into an issue with the surrounding property owner. We ask the public to respect private property and use care when paddling into springs with swimmers/divers/children present. Alachua Co and Nature Quest stated that they will approach individuals for admissions if they walk above the top of the bank – i.e. to use the restroom or picnic facilities. They understand that paddlers will be along the banks when exiting their vessels to go for a swim.
Hope this helps - call if any questions,

Carmine Oliverio
Florida Department of Environmental Protection
Northeast District - Live Oak Field Office
Submerged Lands / Environmental Resources Permitting - Compliance & Enforcement
(386) 362-0417


This information was provided in response to the questions raised in the following article:
High Springs Article

Saturday, June 27, 2009

SJRWMD/SRWMD Water Supply Plan Meeting, June 18, 2009

The SJRWMD/SRWMD 2010 District Water Supply Plan Northern Planning Area/Upper Santa Fe River Water Supply Plan Work Group meeting was held June 18, 2009 in Gainesville.

Meeting Summary

Water Supply Plan Workshop - July 9
The Suwannee River and St. Johns River water management districts will host a joint workshop on Thursday, July 9 at 10 a.m. to discuss technical methodology for development of their 2010 Water Supply Plans. The public is invited to attend.
It will be held in the St. Johns District headquarters Governing Board room in Palatka.

Tuesday, April 21, 2009

FWC Closer To Enacting Rule For Freshwater Turtles

Florida moved toward adopting strong conservation measures for the harvest of freshwater turtles at the Florida Fish and Wildlife Conservation Commission’s meeting in Tallahasee

Foster Folly News: A Washington County Florida Community Newsletter
April 15th, 2009

Full article

Friday, April 17, 2009

Here comes the flooding

By Rachael Anne Ryals
High Springs Herald
April 16, 2009

As of Wednesday, April 15, the Santa Fe River was projected to crest sometime over the weekend. The projected crest level is far lower than the projections of last week, which put the river cresting closer to its historic levels.

Full article