CS/CS/HB 395

1
A bill to be entitled
2An act relating to state lands; amending ss. 253.03 and
3253.141, F.S.; authorizing certain upland property owners
4to use a single dock under certain conditions; amending s.
5253.034, F.S.; providing for reconveyance of certain state
6lands to certain fair associations at no cost under
7certain circumstances; authorizing certain agencies to
8remove certain improvements, fixtures, goods, wares, and
9merchandise from such lands within a time certain after
10reconveyance; providing for expiration; providing an
11effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  Subsection (17) is added to section 253.03,
16Florida Statutes, to read:
17     253.03  Board of trustees to administer state lands; lands
18enumerated.--
19     (17)  Notwithstanding any other provision of this chapter,
20any rule adopted by the Board of Trustees of the Internal
21Improvement Trust Fund, or any local ordinance or rule, for
22upland properties of 55 linear feet or less in width bordering
23on navigable waters, two adjacent upland property owners, upon
24agreement, may utilize a single dock to be used by both upland
25owners provided that the dock runs adjacent and parallel to a
26seawall and does not exceed 100 feet in overall length.
27     Section 2.  Subsection (5) is added to section 253.141,
28Florida Statutes, to read:
29     253.141  Riparian rights defined; certain submerged bottoms
30subject to private ownership.--
31     (5)  Notwithstanding any other provision of this chapter,
32any rule adopted by the Board of Trustees of the Internal
33Improvement Trust Fund, or any local ordinance or rule, for
34upland properties of 55 linear feet or less in width bordering
35on navigable waters, two adjacent upland property owners, upon
36agreement, may utilize a single dock to be used by both upland
37owners provided that the dock runs adjacent and parallel to a
38seawall and does not exceed 100 feet in overall length.
39     Section 3.  Paragraph (f) of subsection (6) of section
40253.034, Florida Statutes, is amended to read:
41     253.034  State-owned lands; uses.--
42     (6)  The Board of Trustees of the Internal Improvement
43Trust Fund shall determine which lands, the title to which is
44vested in the board, may be surplused. For conservation lands,
45the board shall make a determination that the lands are no
46longer needed for conservation purposes and may dispose of them
47by an affirmative vote of at least three members. In the case of
48a land exchange involving the disposition of conservation lands,
49the board must determine by an affirmative vote of at least
50three members that the exchange will result in a net positive
51conservation benefit. For all other lands, the board shall make
52a determination that the lands are no longer needed and may
53dispose of them by an affirmative vote of at least three
54members.
55     (f)1.  In reviewing lands owned by the board, the council
56shall consider whether such lands would be more appropriately
57owned or managed by the county or other unit of local government
58in which the land is located. The council shall recommend to the
59board whether a sale, lease, or other conveyance to a local
60government would be in the best interests of the state and local
61government. The provisions of this paragraph in no way limit the
62provisions of ss. 253.111 and 253.115. Such lands shall be
63offered to the state, county, or local government for a period
64of 30 days. Permittable uses for such surplus lands may include
65public schools; public libraries; fire or law enforcement
66substations; governmental, judicial, or recreational centers;
67and affordable housing meeting the criteria of s. 420.0004(3).
68County or local government requests for surplus lands shall be
69expedited throughout the surplusing process. If the county or
70local government does not elect to purchase such lands in
71accordance with s. 253.111, then any surplusing determination
72involving other governmental agencies shall be made upon the
73board deciding the best public use of the lands. Surplus
74properties in which governmental agencies have expressed no
75interest shall then be available for sale on the private market.
76     2.  Notwithstanding subparagraph 1., any surplus lands that
77were acquired by the state prior to 1958 by a gift or other
78conveyance for no consideration from a municipality, and which
79the department has filed by July 1, 2006, a notice of its intent
80to surplus, shall be first offered for reconveyance to such
81municipality at no cost, but for the fair market value of any
82building or other improvements to the land, unless otherwise
83provided in a deed restriction of record. This subparagraph
84expires July 1, 2006.
85     3.  Notwithstanding subparagraph 1., any parcel of surplus
86lands less than 3 acres in size that was acquired by the state
87prior to 1955 by gift or other conveyance for no consideration
88from a fair association incorporated under chapter 616 for the
89purpose of conducting and operating public fairs or expositions,
90and for which the department has filed by July 1, 2008, a notice
91of intent to surplus, shall be offered for reconveyance to such
92fair association for no consideration; however, the agency that
93last held a lease from the board for management of such lands
94may remove from the lands any improvements, fixtures, goods,
95wares, and merchandise within 180 days after the effective date
96of the reconveyance. This subparagraph expires July 1, 2008.
97     Section 4.  This act shall take effect July 1, 2007.


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