| 1 | A bill to be entitled |
| 2 | An act relating to submerged lands; creating s. 253.0346, |
| 3 | F.S.; authorizing the Board of Trustees of the Internal |
| 4 | Improvement Trust Fund to lease sovereign submerged lands |
| 5 | for private residential use; defining "private residential |
| 6 | use"; providing for the term of the lease, rental fees, |
| 7 | lease assignability, disposition of improvements, and |
| 8 | construction of the act; providing an effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 253.0346, Florida Statutes, is created |
| 13 | to read: |
| 14 | 253.0346 Lease of submerged lands for private residential |
| 15 | use.- |
| 16 | (1) AUTHORITY.-To the extent that it is not contrary to |
| 17 | the public interest, and subject to any limitations and |
| 18 | requirements under this chapter, the Board of Trustees of the |
| 19 | Internal Improvement Trust Fund may lease and authorize the use |
| 20 | of sovereign submerged lands to which it has title to |
| 21 | individuals or private entities for private residential use. |
| 22 | (2) DEFINITION.-As used in this section, the term "private |
| 23 | residential use" means a use for private, recreational, or |
| 24 | leisure purposes for a single-family residence, cottage, or |
| 25 | other such single dwelling unit, or a noncommercial multifamily |
| 26 | development, including condominiums under chapter 718, |
| 27 | cooperatives under chapter 719, and homeowners' associations |
| 28 | under chapter 720, including resident-owned mobile home parks |
| 29 | where the owners of such dwelling units own an undivided |
| 30 | interest in the common areas or properties associated with the |
| 31 | dwelling units or an interest in a not-for-profit entity that |
| 32 | owns and operates the common areas or properties for the use and |
| 33 | benefit of the owners and occupants. |
| 34 | (3) TERM.-The maximum initial term of a lease shall be 10 |
| 35 | years. The lease is renewable for successive terms of up to 10 |
| 36 | years upon agreement of the parties. |
| 37 | (4) RENTAL FEES.-The lease contract for private |
| 38 | residential use of submerged lands must specify the amount of |
| 39 | rental per acre of leased bottom land as agreed to by the |
| 40 | parties and must take the form of fixed rental to be paid |
| 41 | throughout the term of the lease. A surcharge of $10 per acre, |
| 42 | or any fraction of an acre, per annum shall be levied upon each |
| 43 | lease according to the guidelines set forth in s. 597.010(7). |
| 44 | Notwithstanding any other provision of law, private residential |
| 45 | use is exempt from all lease charges, which include, but are not |
| 46 | limited to, all fees, taxes, or surcharges including fees upon |
| 47 | transfer of fee simple or beneficial ownership in units in |
| 48 | multifamily residential developments engaged in private |
| 49 | residential use, as follows: |
| 50 | (a) As to single-family residences, cottages, or other |
| 51 | such single-family dwelling units that have a dock that is |
| 52 | designed to moor up to two boats, or docks that have mooring for |
| 53 | up to four boats located on property lines between two upland |
| 54 | single-family residences where the dock is shared by both upland |
| 55 | single-family residences, a lease charge does not apply to |
| 56 | submerged land that has an area less than or equal to 10 times |
| 57 | the riparian waterfront frontage of the affected water body of |
| 58 | the applicant, or the square footage attendant to providing a |
| 59 | single dock in accordance with the criteria for private |
| 60 | residential single-family docks, whichever is greater. |
| 61 | (b) As to private residential use for multifamily |
| 62 | developments that have docks that are designed to moor no more |
| 63 | boats than the number of units within the multifamily |
| 64 | development, a lease charge does not apply to submerged land |
| 65 | that has an area less than or equal to 10 times the riparian |
| 66 | waterfront frontage of the affected water body of the applicant |
| 67 | times the number of units in the multifamily development. |
| 68 | (5) ASSIGNABILITY.-Leases granted under this section may |
| 69 | not allow the leasing or assignment of the right to use to: |
| 70 | (a) Absent any other legally binding agreements or |
| 71 | otherwise specified by association documents, an individual or |
| 72 | entity that is not an owner or occupant of a multifamily |
| 73 | development; |
| 74 | (b) An individual using the submerged land for commercial |
| 75 | activities such as food service or a marina that has private or |
| 76 | public members who are not also owners or occupants of the |
| 77 | multifamily development; or |
| 78 | (c) The public for any fee-based service, other than |
| 79 | maintenance fees or assessments due from unit owners or |
| 80 | occupants. |
| 81 | (6) DISPOSITION OF IMPROVEMENTS.-The lease contract must |
| 82 | stipulate the disposition of any improvements or assets upon the |
| 83 | leased lands and waters. |
| 84 | (7) CONSTRUCTION.-This section does not authorize any |
| 85 | lease or consent of use which would result in harm to the |
| 86 | natural resources of the area as a result of any structures |
| 87 | built or activities conducted on the submerged lands. |
| 88 | Section 2. This act shall take effect July 1, 2011. |