CS/CS/HB 173

1
A bill to be entitled
2An act relating to sovereignty submerged lands; creating
3s. 253.0347, F.S.; providing for the lease of sovereignty
4submerged lands for private residential single-family
5docks and piers, private residential multifamily docks and
6piers, and private residential multislip docks; providing
7for the term of the lease and lease fees; providing for
8inspection of such docks, piers, and related structures by
9the Department of Environmental Protection; clarifying the
10authority of the Board of Trustees of the Internal
11Improvement Trust Fund and the department to impose
12additional fees and requirements; providing an
13appropriation; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Section 253.0347, Florida Statutes, is created
18to read:
19     253.0347  Lease of sovereignty submerged lands for private
20residential docks and piers.-
21     (1)  The maximum initial term of a standard lease of
22sovereignty submerged lands for a private residential single-
23family dock or pier, private residential multifamily dock or
24pier, or private residential multislip dock is 10 years. A lease
25is renewable for successive terms of up to 10 years if the
26parties agree and the lessee complies with all terms of the
27lease and all applicable laws and rules.
28     (2)(a)  A standard lease contract for sovereignty submerged
29lands for a private residential single-family dock or pier,
30private residential multifamily dock or pier, or private
31residential multislip dock must specify the amount of lease fees
32as established by the Board of Trustees of the Internal
33Improvement Trust Fund.
34     (b)  If private residential multifamily docks or piers,
35private residential multislip docks, and other private
36residential structures pertaining to the same upland parcel
37include a total of no more than one wet slip for each approved
38upland residential unit, the lessee is not required to pay a
39lease fee on a preempted area of 10 square feet or less of
40sovereignty submerged lands for each linear foot of shoreline in
41which the lessee has a sufficient upland interest as determined
42by the Board of Trustees of the Internal Improvement Trust Fund.
43     (c)  A lessee of sovereignty submerged lands for a private
44residential single-family dock or pier, private residential
45multifamily dock or pier, or private residential multislip dock
46is not required to pay a lease fee on revenue derived from the
47transfer of fee simple or beneficial ownership of private
48residential property that is entitled to a homestead exemption
49pursuant to s. 196.031 at the time of transfer.
50     (d)  A lessee of sovereignty submerged lands for a private
51residential single-family dock or pier, private residential
52multifamily dock or pier, or private residential multislip dock
53must pay a lease fee on any income derived from a wet slip,
54dock, or pier in the preempted area under lease in an amount
55determined by the Board of Trustees of the Internal Improvement
56Trust Fund.
57     (3)  The Department of Environmental Protection shall
58inspect each private residential single-family dock or pier,
59private residential multifamily dock or pier, private
60residential multislip dock, or other private residential
61structure under lease at least once every 10 years to determine
62compliance with the terms and conditions of the lease.
63     (4)  This section does not prohibit the Board of Trustees
64of the Internal Improvement Trust Fund or the Department of
65Environmental Protection from imposing additional application
66fees, regulatory permitting fees, or other lease requirements as
67otherwise authorized by law.
68     Section 2.  Beginning with the 2011-2012 fiscal year, the
69sum of $1 million in recurring funds is appropriated from the
70General Revenue Fund to the Internal Improvement Trust Fund for
71purposes of administration, management, and disposition of
72sovereignty submerged lands.
73     Section 3.  This act shall take effect July 1, 2011.


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