CS/HB 173

1	A bill to be entitled
2	An act relating to sovereignty submerged lands; creating
3	s. 253.0347, F.S.; providing for the lease of sovereignty
4	submerged lands for private residential single-family
5	docks and piers, private residential multifamily docks and
6	piers, and private residential multislip docks; providing
7	for the term of the lease and lease fees; providing for
8	inspection of such docks, piers, and related structures by
9	the Department of Environmental Protection; clarifying the
10	authority of the Board of Trustees of the Internal
11	Improvement Trust Fund and the department to impose
12	additional fees and requirements; providing an effective
13	date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Section 253.0347, Florida Statutes, is created
18	to read:
19	253.0347  Lease of sovereignty submerged lands for private
20	residential docks and piers.-
21	(1)  The maximum initial term of a standard lease of
22	sovereignty submerged lands for a private residential single-
23	family dock or pier, private residential multifamily dock or
24	pier, or private residential multislip dock is 10 years. A lease
25	is renewable for successive terms of up to 10 years if the
26	parties agree and the lessee complies with all terms of the
27	lease and all applicable laws and rules.
28	(2)(a)  A standard lease contract for sovereignty submerged
29	lands for a private residential single-family dock or pier,
30	private residential multifamily dock or pier, or private
31	residential multislip dock must specify the amount of lease fees
32	as established by the Board of Trustees of the Internal
33	Improvement Trust Fund.
34	(b)  If private residential multifamily docks or piers,
35	private residential multislip docks, and other private
36	residential structures pertaining to the same upland parcel
37	include a total of no more than one wet slip for each approved
38	upland residential unit, the lessee is not required to pay a
39	lease fee on a preempted area of 10 square feet or less of
40	sovereignty submerged lands for each linear foot of shoreline in
41	which the lessee has a sufficient upland interest as determined
42	by the Board of Trustees of the Internal Improvement Trust Fund.
43	(c)  A lessee of sovereignty submerged lands for a private
44	residential single-family dock or pier, private residential
45	multifamily dock or pier, or private residential multislip dock
46	is not required to pay a lease fee on revenue derived from the
47	transfer of fee simple or beneficial ownership of private
48	residential property that is entitled to a homestead exemption
49	pursuant to s. 196.031 at the time of transfer.
50	(d)  A lessee of sovereignty submerged lands for a private
51	residential single-family dock or pier, private residential
52	multifamily dock or pier, or private residential multislip dock
53	must pay a lease fee on any income derived from a wet slip,
54	dock, or pier in the preempted area under lease in an amount
55	determined by the Board of Trustees of the Internal Improvement
56	Trust Fund.
57	(3)  The Department of Environmental Protection shall
58	inspect each private residential single-family dock or pier,
59	private residential multifamily dock or pier, private
60	residential multislip dock, or other private residential
61	structure under lease at least once every 10 years to determine
62	compliance with the terms and conditions of the lease.
63	(4)  This section does not prohibit the Board of Trustees
64	of the Internal Improvement Trust Fund or the Department of
65	Environmental Protection from imposing additional application
66	fees, regulatory permitting fees, or other lease requirements as
67	otherwise authorized by law.
68	Section 2.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.