1 | A bill to be entitled |
2 | An act relating to state lands; amending ss. 253.03 and |
3 | 253.141, F.S.; authorizing certain upland property owners |
4 | to use a single dock under certain conditions; amending s. |
5 | 253.034, F.S.; providing for reconveyance of certain state |
6 | lands to certain fair associations at no cost under |
7 | certain circumstances; authorizing certain agencies to |
8 | remove certain improvements, fixtures, goods, wares, and |
9 | merchandise from such lands within a time certain after |
10 | reconveyance; providing for expiration; providing an |
11 | effective date. |
12 |
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13 | Be It Enacted by the Legislature of the State of Florida: |
14 |
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15 | Section 1. Subsection (17) is added to section 253.03, |
16 | Florida Statutes, to read: |
17 | 253.03 Board of trustees to administer state lands; lands |
18 | enumerated.-- |
19 | (17) Notwithstanding any other provision of this chapter, |
20 | any rule adopted by the Board of Trustees of the Internal |
21 | Improvement Trust Fund, or any local ordinance or rule, for |
22 | upland properties of 55 linear feet or less in width bordering |
23 | on navigable waters, two adjacent upland property owners, upon |
24 | agreement, may utilize a single dock to be used by both upland |
25 | owners provided that the dock runs adjacent and parallel to a |
26 | seawall and does not exceed 100 feet in overall length. |
27 | Section 2. Subsection (5) is added to section 253.141, |
28 | Florida Statutes, to read: |
29 | 253.141 Riparian rights defined; certain submerged bottoms |
30 | subject to private ownership.-- |
31 | (5) Notwithstanding any other provision of this chapter, |
32 | any rule adopted by the Board of Trustees of the Internal |
33 | Improvement Trust Fund, or any local ordinance or rule, for |
34 | upland properties of 55 linear feet or less in width bordering |
35 | on navigable waters, two adjacent upland property owners, upon |
36 | agreement, may utilize a single dock to be used by both upland |
37 | owners provided that the dock runs adjacent and parallel to a |
38 | seawall and does not exceed 100 feet in overall length. |
39 | Section 3. Paragraph (f) of subsection (6) of section |
40 | 253.034, Florida Statutes, is amended to read: |
41 | 253.034 State-owned lands; uses.-- |
42 | (6) The Board of Trustees of the Internal Improvement |
43 | Trust Fund shall determine which lands, the title to which is |
44 | vested in the board, may be surplused. For conservation lands, |
45 | the board shall make a determination that the lands are no |
46 | longer needed for conservation purposes and may dispose of them |
47 | by an affirmative vote of at least three members. In the case of |
48 | a land exchange involving the disposition of conservation lands, |
49 | the board must determine by an affirmative vote of at least |
50 | three members that the exchange will result in a net positive |
51 | conservation benefit. For all other lands, the board shall make |
52 | a determination that the lands are no longer needed and may |
53 | dispose of them by an affirmative vote of at least three |
54 | members. |
55 | (f)1. In reviewing lands owned by the board, the council |
56 | shall consider whether such lands would be more appropriately |
57 | owned or managed by the county or other unit of local government |
58 | in which the land is located. The council shall recommend to the |
59 | board whether a sale, lease, or other conveyance to a local |
60 | government would be in the best interests of the state and local |
61 | government. The provisions of this paragraph in no way limit the |
62 | provisions of ss. 253.111 and 253.115. Such lands shall be |
63 | offered to the state, county, or local government for a period |
64 | of 30 days. Permittable uses for such surplus lands may include |
65 | public schools; public libraries; fire or law enforcement |
66 | substations; governmental, judicial, or recreational centers; |
67 | and affordable housing meeting the criteria of s. 420.0004(3). |
68 | County or local government requests for surplus lands shall be |
69 | expedited throughout the surplusing process. If the county or |
70 | local government does not elect to purchase such lands in |
71 | accordance with s. 253.111, then any surplusing determination |
72 | involving other governmental agencies shall be made upon the |
73 | board deciding the best public use of the lands. Surplus |
74 | properties in which governmental agencies have expressed no |
75 | interest shall then be available for sale on the private market. |
76 | 2. Notwithstanding subparagraph 1., any surplus lands that |
77 | were acquired by the state prior to 1958 by a gift or other |
78 | conveyance for no consideration from a municipality, and which |
79 | the department has filed by July 1, 2006, a notice of its intent |
80 | to surplus, shall be first offered for reconveyance to such |
81 | municipality at no cost, but for the fair market value of any |
82 | building or other improvements to the land, unless otherwise |
83 | provided in a deed restriction of record. This subparagraph |
84 | expires July 1, 2006. |
85 | 3. Notwithstanding subparagraph 1., any parcel of surplus |
86 | lands less than 3 acres in size that was acquired by the state |
87 | prior to 1955 by gift or other conveyance for no consideration |
88 | from a fair association incorporated under chapter 616 for the |
89 | purpose of conducting and operating public fairs or expositions, |
90 | and for which the department has filed by July 1, 2008, a notice |
91 | of intent to surplus, shall be offered for reconveyance to such |
92 | fair association for no consideration; however, the agency that |
93 | last held a lease from the board for management of such lands |
94 | may remove from the lands any improvements, fixtures, goods, |
95 | wares, and merchandise within 180 days after the effective date |
96 | of the reconveyance. This subparagraph expires July 1, 2008. |
97 | Section 4. This act shall take effect July 1, 2007. |