Florida Senate - 2012 SB 88 By Senator Latvala 16-00024-12 201288__ 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 2012-2013 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, 2012.