House Bill 4039er

    ENROLLED

    1998 Legislature                     HB 4039, Second Engrossed



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  2         An act relating to state lands; creating s.

  3         253.0345, F.S.; providing for special events;

  4         providing an effective date.

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

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  8         Section 1.  Section 253.0345, Florida Statutes, is

  9  created to read:

10         253.0345  Special events; submerged land leases.--

11         (1)  The trustees are authorized to issue consents of

12  use or leases to riparian landowners and event promoters to

13  allow the installation of temporary structures, including

14  docks, moorings, pilings and access walkways, on sovereign

15  submerged lands solely for the purpose of facilitating boat

16  shows and displays in, or adjacent to, established marinas or

17  government owned upland property. Riparian owners of adjacent

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

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

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

21  trustees shall balance the interests of any objecting riparian

22  owners with the economic interests of the public and the state

23  as a factor in determining if a lease or consent of use should

24  be executed over the objection of adjacent riparian owners.

25  This section shall not apply to structures for viewing

26  motorboat racing, high speed motorboat contests or high speed

27  displays in waters where manatees are known to frequent.

28         (2)  Any special event provided for in subsection (1)

29  shall be for a period not to exceed 30 days.  The lease or

30  consent of use may also contain appropriate requirements for

31  removal of the temporary structures, including the posting of


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




    ENROLLED

    1998 Legislature                     HB 4039, Second Engrossed



  1  sufficient surety to guarantee appropriate funds for removal

  2  of the structures should the promoter or riparian owner fail

  3  to do so within the time specified in the agreement.

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

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

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

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

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

  9  law.

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