Florida Regulations 40B-9.131: Public Use of District Lands
Current as of: 2024 | Check for updates
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(1) Activities not authorized in this section, posted on the Land or specifically authorized under a Special Use Authorization or otherwise in writing by the District are expressly prohibited and subject to prosecution. Compliance with these rules does not preclude the need to also comply with State law and/or other applicable state and federal rules.
(2) The following activities are allowed, subject to the conditions, restrictions, and/or site conditions specified herein:
(a) Bicycling is allowed on all District lands open to the public unless restricted by signage.
(b) Boating for recreation is allowed on all District-owned waterways provided:
1. Boats launched from trailers must use boat ramps.
2. Boats must not be operated in a manner which could harm persons, plants, animals, or other natural resources.
The District shall prohibit or restrict boating in specific areas as needed to ensure public safety, resource protection, and protection of District facilities or equipment, including limitations on engine horsepower, speed, or vessel type and shall be specific to a water body. Areas closed to boating and boating restrictions shall be posted by signage.
(c) Camping is only allowed on District lands at approved locations and as permitted by a Special Use Authorization issued by the District under Fl. Admin. Code R. 40B-9.1411
(d) Commercial activity on District lands may be allowed pursuant to prior written authorization in the form of an agreement or lease with the District. A person proposing any commercial activity on District lands must submit the following minimum information to the District:
1. Name and address of business;
2. Name and address of business owner or person responsible;
3. Type of activity to be conducted;
4. Statement justifying the need for the proposed commercial activity in order to facilitate public access and/or use of District lands for a resource-based recreational purpose;
5. Number of participants;
6. Dates and duration of the proposed activity; and,
7. Signed statement committing to abide by all District requirements.
Any proposed commercial activity that will exceed one year in duration, require exclusive use of an area of land, or result in monetary consideration to the District, may only occur under a lease agreement approved by the Governing Board pursuant to Fl. Admin. Code R. 40B-9.145
The District will review the request for compatibility with the applicable land management plan and notify the applicant in writing. Requests to exclusively use a specific site that will impede the public’s use or for uses that will degrade the property will be denied.
(e) Dogs are allowed on District lands provided they are on a leash or caged at all times unless consistent with authorized uses in state wildlife management areas and federal wildlife refuges or specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411 Other types of domesticated animals, such as cats, are prohibited on District lands.
(f) Horseback riding is allowed on all District lands on marked equestrian trails and on all roads open to any public use except where such use is specifically prohibited by signage. Animal-drawn vehicles, such as wagons and buggies, are allowed on all public roads on District lands open to motorized vehicles. The person responsible for bringing equine onto District lands must have unexpired, written proof of a negative Coggins test result for each animal.
(g) Fishing for recreation is allowed on District lands as authorized by the Florida Fish and Wildlife Conservation Commission, unless otherwise posted.
(h) Group recreational, educational or public service uses are allowed on all District lands open to the public provided a Special Use Authorization is issued by the District under Fl. Admin. Code R. 40B-9.1411
(i) Hiking and other resource-based recreational purposes, such as photography, nature study, orienteering, are allowed on all District lands open to the public except where specifically prohibited by signage. For the purpose of this subsection, the term “”hiking”” includes jogging, wildlife viewing, or any other recreational activity where travel is by foot only and does not include another activity described in this chapter.
(j) Hunting for recreation is allowed in Florida wildlife management areas in accordance with applicable wildlife management area rules of the Florida Fish and Wildlife Conservation Commission, in United States national wildlife refuges subject to permit, and on District lands as designated and identified by signage. The District may allow hunting on lands not designated through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(k) Motorized vehicle use is allowed on District lands on public and secondary roads, and in other areas designated by signage. Public and secondary road access is dependent onsite conditions or management activities. Details concerning road availability for public use may be obtained at the District’s headquarters and on the District’s website: www.srwmd.state.fl.us. The use of motorized vehicles on District lands is subject to the following requirements:
1. All motorized vehicles must be licensed for use on Florida highways.
2. All motorized vehicle operators must be licensed as required by Florida law.
3. All motorized vehicle operators must comply with posted speed limits. If no speed limit is posted, the speed limit is 20 mph.
4. Under Florida Statutes § 316.192, driving a motorized vehicle in a willful and wanton disregard for the safety of persons or property is considered reckless driving. Pursuant to Florida Statutes § 316.1925, any person who drives a motorized vehicle shall drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb or property of any person. Failure to drive in such a manner is punishable under Florida Statutes § 316.655
5. Emergency motorized vehicles on District lands are not restricted to roads open to the public or to the 20 mph or other posted speed limits.
(l) Picnicking is allowed on all District lands open to the public, unless otherwise posted.
(m) Research uses are allowed on all District lands provided a Special Use Authorization is issued by the District under Fl. Admin. Code R. 40B-9.1411, and further provided that if the proposed use will close or restrict public access, a contract or lease with the District is required.
(n) Swimming is allowed on District lands only in areas designated by signage.
Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.093, 373.096, 373.099, 373.1391, 373.1401 FS. History-New 4-1-93, Amended 5-31-09, 7-21-10, 5-9-17.
Terms Used In Florida Regulations 40B-9.131
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- 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
(a) Bicycling is allowed on all District lands open to the public unless restricted by signage.
(b) Boating for recreation is allowed on all District-owned waterways provided:
1. Boats launched from trailers must use boat ramps.
2. Boats must not be operated in a manner which could harm persons, plants, animals, or other natural resources.
The District shall prohibit or restrict boating in specific areas as needed to ensure public safety, resource protection, and protection of District facilities or equipment, including limitations on engine horsepower, speed, or vessel type and shall be specific to a water body. Areas closed to boating and boating restrictions shall be posted by signage.
(c) Camping is only allowed on District lands at approved locations and as permitted by a Special Use Authorization issued by the District under Fl. Admin. Code R. 40B-9.1411
(d) Commercial activity on District lands may be allowed pursuant to prior written authorization in the form of an agreement or lease with the District. A person proposing any commercial activity on District lands must submit the following minimum information to the District:
1. Name and address of business;
2. Name and address of business owner or person responsible;
3. Type of activity to be conducted;
4. Statement justifying the need for the proposed commercial activity in order to facilitate public access and/or use of District lands for a resource-based recreational purpose;
5. Number of participants;
6. Dates and duration of the proposed activity; and,
7. Signed statement committing to abide by all District requirements.
Any proposed commercial activity that will exceed one year in duration, require exclusive use of an area of land, or result in monetary consideration to the District, may only occur under a lease agreement approved by the Governing Board pursuant to Fl. Admin. Code R. 40B-9.145
The District will review the request for compatibility with the applicable land management plan and notify the applicant in writing. Requests to exclusively use a specific site that will impede the public’s use or for uses that will degrade the property will be denied.
(e) Dogs are allowed on District lands provided they are on a leash or caged at all times unless consistent with authorized uses in state wildlife management areas and federal wildlife refuges or specifically authorized by the District through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411 Other types of domesticated animals, such as cats, are prohibited on District lands.
(f) Horseback riding is allowed on all District lands on marked equestrian trails and on all roads open to any public use except where such use is specifically prohibited by signage. Animal-drawn vehicles, such as wagons and buggies, are allowed on all public roads on District lands open to motorized vehicles. The person responsible for bringing equine onto District lands must have unexpired, written proof of a negative Coggins test result for each animal.
(g) Fishing for recreation is allowed on District lands as authorized by the Florida Fish and Wildlife Conservation Commission, unless otherwise posted.
(h) Group recreational, educational or public service uses are allowed on all District lands open to the public provided a Special Use Authorization is issued by the District under Fl. Admin. Code R. 40B-9.1411
(i) Hiking and other resource-based recreational purposes, such as photography, nature study, orienteering, are allowed on all District lands open to the public except where specifically prohibited by signage. For the purpose of this subsection, the term “”hiking”” includes jogging, wildlife viewing, or any other recreational activity where travel is by foot only and does not include another activity described in this chapter.
(j) Hunting for recreation is allowed in Florida wildlife management areas in accordance with applicable wildlife management area rules of the Florida Fish and Wildlife Conservation Commission, in United States national wildlife refuges subject to permit, and on District lands as designated and identified by signage. The District may allow hunting on lands not designated through a Special Use Authorization issued under Fl. Admin. Code R. 40B-9.1411
(k) Motorized vehicle use is allowed on District lands on public and secondary roads, and in other areas designated by signage. Public and secondary road access is dependent onsite conditions or management activities. Details concerning road availability for public use may be obtained at the District’s headquarters and on the District’s website: www.srwmd.state.fl.us. The use of motorized vehicles on District lands is subject to the following requirements:
1. All motorized vehicles must be licensed for use on Florida highways.
2. All motorized vehicle operators must be licensed as required by Florida law.
3. All motorized vehicle operators must comply with posted speed limits. If no speed limit is posted, the speed limit is 20 mph.
4. Under Florida Statutes § 316.192, driving a motorized vehicle in a willful and wanton disregard for the safety of persons or property is considered reckless driving. Pursuant to Florida Statutes § 316.1925, any person who drives a motorized vehicle shall drive in a careful and prudent manner, having regard for the width, grade, curves, corners, traffic and all other attendant circumstances, so as not to endanger the life, limb or property of any person. Failure to drive in such a manner is punishable under Florida Statutes § 316.655
5. Emergency motorized vehicles on District lands are not restricted to roads open to the public or to the 20 mph or other posted speed limits.
(l) Picnicking is allowed on all District lands open to the public, unless otherwise posted.
(m) Research uses are allowed on all District lands provided a Special Use Authorization is issued by the District under Fl. Admin. Code R. 40B-9.1411, and further provided that if the proposed use will close or restrict public access, a contract or lease with the District is required.
(n) Swimming is allowed on District lands only in areas designated by signage.
Rulemaking Authority 373.044, 373.083, 373.1391 FS. Law Implemented 373.056, 373.093, 373.096, 373.099, 373.1391, 373.1401 FS. History-New 4-1-93, Amended 5-31-09, 7-21-10, 5-9-17.