Florida Senate - 2011                                     SB 332
       
       
       
       By Senator Fasano
       
       
       
       
       11-00320-11                                            2011332__
    1                        A bill to be entitled                      
    2         An act relating to submerged lands; creating s.
    3         253.0346, F.S.; authorizing the Board of Trustees of
    4         the Internal Improvement Trust Fund to lease sovereign
    5         submerged lands for private residential use; defining
    6         “private residential use”; providing for the term of
    7         the lease, rental fees, lease assignability,
    8         disposition of improvements, and construction of the
    9         act; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 253.0346, Florida Statutes, is created
   14  to read:
   15         253.0346Lease of submerged lands for private residential
   16  use.—
   17         (1) AUTHORITY.—To the extent that it is not contrary to the
   18  public interest, and subject to any limitations and requirements
   19  under this chapter, the Board of Trustees of the Internal
   20  Improvement Trust Fund may lease and authorize the use of
   21  sovereign submerged lands to which it has title to individuals
   22  or private entities for private residential use.
   23         (2) DEFINITION.—As used in this section, the term “private
   24  residential use” means a use for private, recreational, or
   25  leisure purposes for a single-family residence, cottage, or
   26  other such single dwelling unit, or a noncommercial multifamily
   27  development, including condominiums under chapter 718,
   28  cooperatives under chapter 719, and homeowners’ associations
   29  under chapter 720, including resident-owned mobile home parks
   30  where the owners of such dwelling units own an undivided
   31  interest in the common areas or properties associated with the
   32  dwelling units or an interest in a not-for-profit entity that
   33  owns and operates the common areas or properties for the use and
   34  benefit of the owners and occupants.
   35         (3) TERM.—The maximum initial term of a lease shall be 10
   36  years. The lease is renewable for successive terms of up to 10
   37  years upon agreement of the parties.
   38         (4) RENTAL FEES.—The lease contract for private residential
   39  use of submerged lands must specify the amount of rental per
   40  acre of leased bottom land as agreed to by the parties and must
   41  take the form of fixed rental to be paid throughout the term of
   42  the lease. A surcharge of $10 per acre, or any fraction of an
   43  acre, per annum shall be levied upon each lease according to the
   44  guidelines set forth in s. 597.010(7). Notwithstanding any other
   45  provision of law, private residential use is exempt from all
   46  lease charges, which include, but are not limited to, all fees,
   47  taxes, or surcharges including fees upon transfer of fee simple
   48  or beneficial ownership in units in multifamily residential
   49  developments engaged in private residential use, as follows:
   50         (a) As to single-family residences, cottages, or other such
   51  single-family dwelling units that have a dock that is designed
   52  to moor up to two boats, or docks that have mooring for up to
   53  four boats located on property lines between two upland single
   54  family residences where the dock is shared by both upland
   55  single-family residences, a lease charge does not apply to
   56  submerged land that has an area less than or equal to 10 times
   57  the riparian waterfront frontage of the affected water body of
   58  the applicant, or the square footage attendant to providing a
   59  single dock in accordance with the criteria for private
   60  residential single-family docks, whichever is greater.
   61         (b) As to private residential use for multifamily
   62  developments that have docks that are designed to moor no more
   63  boats than the number of units within the multifamily
   64  development, a lease charge does not apply to submerged land
   65  that has an area less than or equal to 10 times the riparian
   66  waterfront frontage of the affected water body of the applicant
   67  times the number of units in the multifamily development.
   68         (5) ASSIGNABILITY.—Leases granted under this section may
   69  not allow the leasing or assignment of the right to use to:
   70         (a) Absent any other legally binding agreements or
   71  otherwise specified by association documents, an individual or
   72  entity that is not an owner or occupant of a multifamily
   73  development;
   74         (b) An individual using the submerged land for commercial
   75  activities such as food service or a marina that has private or
   76  public members who are not also owners or occupants of the
   77  multifamily development; or
   78         (c) The public for any fee-based service, other than
   79  maintenance fees or assessments due from unit owners or
   80  occupants.
   81         (6) DISPOSITION OF IMPROVEMENTS.—The lease contract must
   82  stipulate the disposition of any improvements or assets upon the
   83  leased lands and waters.
   84         (7) CONSTRUCTION.—This section does not authorize any lease
   85  or consent of use which would result in harm to the natural
   86  resources of the area as a result of any structures built or
   87  activities conducted on the submerged lands.
   88         Section 2. This act shall take effect July 1, 2011.