| 1 | A bill to be entitled |
| 2 | An act relating to state lands; amending ss. 253.03 and |
| 3 | 253.141, F.S.; authorizing certain upland property owners |
| 4 | to use a single dock under certain conditions; amending s. |
| 5 | 253.034, F.S.; providing for reconveyance of certain state |
| 6 | lands to certain fair associations at no cost under |
| 7 | certain circumstances; authorizing certain agencies to |
| 8 | remove certain improvements, fixtures, goods, wares, and |
| 9 | merchandise from such lands within a time certain after |
| 10 | reconveyance; providing for expiration; providing an |
| 11 | effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. Subsection (17) is added to section 253.03, |
| 16 | Florida Statutes, to read: |
| 17 | 253.03 Board of trustees to administer state lands; lands |
| 18 | enumerated.-- |
| 19 | (17) Notwithstanding any other provision of this chapter, |
| 20 | any rule adopted by the Board of Trustees of the Internal |
| 21 | Improvement Trust Fund, or any local ordinance or rule, for |
| 22 | upland properties of 55 linear feet or less in width bordering |
| 23 | on navigable waters, two adjacent upland property owners, upon |
| 24 | agreement, may utilize a single dock to be used by both upland |
| 25 | owners provided that the dock runs adjacent and parallel to a |
| 26 | seawall and does not exceed 100 feet in overall length. |
| 27 | Section 2. Subsection (5) is added to section 253.141, |
| 28 | Florida Statutes, to read: |
| 29 | 253.141 Riparian rights defined; certain submerged bottoms |
| 30 | subject to private ownership.-- |
| 31 | (5) Notwithstanding any other provision of this chapter, |
| 32 | any rule adopted by the Board of Trustees of the Internal |
| 33 | Improvement Trust Fund, or any local ordinance or rule, for |
| 34 | upland properties of 55 linear feet or less in width bordering |
| 35 | on navigable waters, two adjacent upland property owners, upon |
| 36 | agreement, may utilize a single dock to be used by both upland |
| 37 | owners provided that the dock runs adjacent and parallel to a |
| 38 | seawall and does not exceed 100 feet in overall length. |
| 39 | Section 3. Paragraph (f) of subsection (6) of section |
| 40 | 253.034, Florida Statutes, is amended to read: |
| 41 | 253.034 State-owned lands; uses.-- |
| 42 | (6) The Board of Trustees of the Internal Improvement |
| 43 | Trust Fund shall determine which lands, the title to which is |
| 44 | vested in the board, may be surplused. For conservation lands, |
| 45 | the board shall make a determination that the lands are no |
| 46 | longer needed for conservation purposes and may dispose of them |
| 47 | by an affirmative vote of at least three members. In the case of |
| 48 | a land exchange involving the disposition of conservation lands, |
| 49 | the board must determine by an affirmative vote of at least |
| 50 | three members that the exchange will result in a net positive |
| 51 | conservation benefit. For all other lands, the board shall make |
| 52 | a determination that the lands are no longer needed and may |
| 53 | dispose of them by an affirmative vote of at least three |
| 54 | members. |
| 55 | (f)1. In reviewing lands owned by the board, the council |
| 56 | shall consider whether such lands would be more appropriately |
| 57 | owned or managed by the county or other unit of local government |
| 58 | in which the land is located. The council shall recommend to the |
| 59 | board whether a sale, lease, or other conveyance to a local |
| 60 | government would be in the best interests of the state and local |
| 61 | government. The provisions of this paragraph in no way limit the |
| 62 | provisions of ss. 253.111 and 253.115. Such lands shall be |
| 63 | offered to the state, county, or local government for a period |
| 64 | of 30 days. Permittable uses for such surplus lands may include |
| 65 | public schools; public libraries; fire or law enforcement |
| 66 | substations; governmental, judicial, or recreational centers; |
| 67 | and affordable housing meeting the criteria of s. 420.0004(3). |
| 68 | County or local government requests for surplus lands shall be |
| 69 | expedited throughout the surplusing process. If the county or |
| 70 | local government does not elect to purchase such lands in |
| 71 | accordance with s. 253.111, then any surplusing determination |
| 72 | involving other governmental agencies shall be made upon the |
| 73 | board deciding the best public use of the lands. Surplus |
| 74 | properties in which governmental agencies have expressed no |
| 75 | interest shall then be available for sale on the private market. |
| 76 | 2. Notwithstanding subparagraph 1., any surplus lands that |
| 77 | were acquired by the state prior to 1958 by a gift or other |
| 78 | conveyance for no consideration from a municipality, and which |
| 79 | the department has filed by July 1, 2006, a notice of its intent |
| 80 | to surplus, shall be first offered for reconveyance to such |
| 81 | municipality at no cost, but for the fair market value of any |
| 82 | building or other improvements to the land, unless otherwise |
| 83 | provided in a deed restriction of record. This subparagraph |
| 84 | expires July 1, 2006. |
| 85 | 3. Notwithstanding subparagraph 1., any parcel of surplus |
| 86 | lands less than 3 acres in size that was acquired by the state |
| 87 | prior to 1955 by gift or other conveyance for no consideration |
| 88 | from a fair association incorporated under chapter 616 for the |
| 89 | purpose of conducting and operating public fairs or expositions, |
| 90 | and for which the department has filed by July 1, 2008, a notice |
| 91 | of intent to surplus, shall be offered for reconveyance to such |
| 92 | fair association for no consideration; however, the agency that |
| 93 | last held a lease from the board for management of such lands |
| 94 | may remove from the lands any improvements, fixtures, goods, |
| 95 | wares, and merchandise within 180 days after the effective date |
| 96 | of the reconveyance. This subparagraph expires July 1, 2008. |
| 97 | Section 4. This act shall take effect July 1, 2007. |