Florida Senate - 2011                              CS for SB 332
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senators Fasano and Gaetz
       
       
       
       592-04602-11                                           2011332c1
    1                        A bill to be entitled                      
    2         An act relating to sovereignty submerged lands;
    3         creating s. 253.0347, F.S.; providing for the lease of
    4         sovereignty submerged lands for private residential
    5         single-family docks and piers, private residential
    6         multifamily docks and piers, and private residential
    7         multislip docks; providing for the term of the lease
    8         and lease fees; providing for inspection of such
    9         docks, piers, and related structures by the Department
   10         of Environmental Protection; clarifying the authority
   11         of the Board of Trustees of the Internal Improvement
   12         Trust Fund and the department to impose additional
   13         fees and requirements; providing an appropriation;
   14         providing an effective date.
   15  
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 253.0347, Florida Statutes, is created
   19  to read:
   20         253.0347 Lease of sovereignty submerged lands for private
   21  residential docks and piers.—
   22         (1) The maximum initial term of a standard lease of
   23  sovereignty submerged lands for a private residential single
   24  family dock or pier, private residential multifamily dock or
   25  pier, or private residential multislip dock is 10 years. A lease
   26  is renewable for successive terms of up to 10 years if the
   27  parties agree and the lessee complies with all terms of the
   28  lease and all applicable laws and rules.
   29         (2)(a) A standard lease contract for sovereignty submerged
   30  lands for a private residential single-family dock or pier,
   31  private residential multifamily dock or pier, or private
   32  residential multislip dock must specify the amount of lease fees
   33  as established by the Board of Trustees of the Internal
   34  Improvement Trust Fund.
   35         (b) If private residential multifamily docks or piers,
   36  private residential multislip docks, and other private
   37  residential structures pertaining to the same upland parcel
   38  include a total of no more than one wet slip for each approved
   39  upland residential unit, the lessee is not required to pay a
   40  lease fee on a preempted area of 10 square feet or less of
   41  sovereignty submerged lands for each linear foot of shoreline in
   42  which the lessee has a sufficient upland interest as determined
   43  by the Board of Trustees of the Internal Improvement Trust Fund.
   44         (c) A lessee of sovereignty submerged lands for a private
   45  residential single-family dock or pier, private residential
   46  multifamily dock or pier, or private residential multislip dock
   47  is not required to pay a lease fee on revenue derived from the
   48  transfer of fee simple or beneficial ownership of private
   49  residential property that is entitled to a homestead exemption
   50  pursuant to s. 196.031 at the time of transfer.
   51         (d) A lessee of sovereignty submerged lands for a private
   52  residential single-family dock or pier, private residential
   53  multifamily dock or pier, or private residential multislip dock
   54  must pay a lease fee on any income derived from a wet slip,
   55  dock, or pier in the preempted area under lease in an amount
   56  determined by the Board of Trustees of the Internal Improvement
   57  Trust Fund.
   58         (3) The Department of Environmental Protection shall
   59  inspect each private residential single-family dock or pier,
   60  private residential multifamily dock or pier, private
   61  residential multislip dock, or other private residential
   62  structure under lease at least once every 10 years to determine
   63  compliance with the terms and conditions of the lease.
   64         (4) This section does not prohibit the Board of Trustees of
   65  the Internal Improvement Trust Fund or the Department of
   66  Environmental Protection from imposing additional application
   67  fees, regulatory permitting fees, or other lease requirements as
   68  otherwise authorized by law.
   69         Section 2. Beginning with the 2011-2012 fiscal year, the
   70  sum of $1 million in recurring funds is appropriated from the
   71  General Revenue Fund to the Internal Improvement Trust Fund for
   72  purposes of administration, management, and disposition of
   73  sovereignty submerged lands.
   74         Section 3. This act shall take effect July 1, 2011.