Senate Bill 2346c1

    Florida Senate - 1998                           CS for SB 2346

    By the Committee on Governmental Reform and Oversight and
    Senator Campbell




    302-2051-98

  1                      A bill to be entitled

  2         An act relating to state lands; creating s.

  3         253.0345, F.S.; providing for the Board of

  4         Trustees of the Internal Improvement Trust Fund

  5         to issue consents of use or leases for special

  6         events on sovereign submerged lands; requiring

  7         notice to adjacent riparian owners; providing

  8         an effective date.

  9

10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Section 253.0345, Florida Statutes, is

13  created to read:

14         253.0345  Special events; submerged land leases.--

15         (1)  The Board of Trustees of the Internal Improvement

16  Trust Fund are authorized to issue consents of use or leases

17  to riparian landowners and event promoters to allow the

18  installation of temporary structures, including docks,

19  moorings, pilings, and access walkways, on sovereign submerged

20  lands solely for the purpose of facilitating boat shows and

21  displays in, or adjacent to, established marinas or

22  government-owned upland property. Riparian owners of adjacent

23  uplands who are not seeking a lease or consent of use shall be

24  notified by certified mail of any request for such a lease or

25  consent of use prior to approval by the trustees. The trustees

26  shall balance the interests of any objecting riparian owners

27  with the economic interests of the public and the state as a

28  factor in determining if a lease or consent of use should be

29  executed over the objection of adjacent riparian owners. This

30  section does not apply to structures for viewing motorboat

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






    Florida Senate - 1998                           CS for SB 2346
    302-2051-98




  1  racing, high-speed motorboat contests, or high-speed displays

  2  in waters where manatees are known to frequent.

  3         (2)  Any submerged land lease or consent of use shall

  4  be for a period not to exceed 30 days. The lease or consent of

  5  use may also contain appropriate requirements for removal of

  6  the temporary structures, including the posting of sufficient

  7  surety to guarantee appropriate funds for removal of the

  8  structures if the promoter or riparian owner fails to do so

  9  within the time specified in the agreement.

10         (3)  Nothing in this section shall be construed to

11  allow any lease or consent of use that would result in harm to

12  the natural resources of the area as a result of the

13  structures or the activities of the special events agreed to.

14         Section 2.  This act shall take effect upon becoming a

15  law.

16

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                         Senate Bill 2346

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20  The committee substitute changes the duration of special
    events from a period not to exceed 60 days to 30 days.
21
    The committee substitute requires that riparian owners of
22  adjacent uplands not seeking a lease or a consent of use shall
    be notified by certified mail regarding individuals who
23  request leases or consent of use from the Board of Trustees.

24  The bill specifies that no lease or consent of use will be
    permitted if it results in harm to the natural resources of
25  the area.

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