Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1012
       
       
       
       
       
       
                                Barcode 681142                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             04/16/2009 02:21 PM       .                                
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       Senator Constantine moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 55 - 104
    4  and insert:
    5  lands, except those uses provided in s. 253.51 and ss. 253.67
    6  253.75 and s. 311.09(1), shall provide at a minimum, for the
    7  following:
    8         (a) A standard lease term of at least 10 years.
    9         (b) An extended-term lease not to exceed 25 years, where
   10  the use of the sovereignty submerged lands and the associated
   11  existing or proposed structures on sovereignty submerged lands
   12  have or will have an expected life, or amortization period,
   13  equal to or greater than the requested lease term. Such
   14  extended-term leases shall be limited to those facilities that
   15  provide exclusive access to public waters by the general public
   16  on a first-come, first-served basis; that are constructed,
   17  operated, or maintained by a governmental entity or funded by
   18  government-secured bonds having a term greater than or equal to
   19  the requested lease term; or for which the applicant
   20  demonstrates the existence of an extreme hardship that is unique
   21  to the applicant if such hardship is not self-imposed or the
   22  result of any law, ordinance, rule, or regulation.
   23         (c) For purposes of this section, the term “first-come,
   24  first-served” means any water-dependent facility operated on
   25  state-owned submerged land, the services of which are open to
   26  the general public by at least 90 percent of all slips over the
   27  state-owned submerged land, with no qualifying requirements such
   28  as club membership, stock ownership, or equity interest, with no
   29  longer than 1-year rental terms, and with no automatic renewal
   30  rights or conditions. For purposes of this section, all other
   31  leases are considered private.
   32         (d) A nonrefundable application fee of $250 for a private
   33  residential single-family dock or pier. All other facilities
   34  shall remit an application fee of $500 unless a different fee is
   35  specifically provided for in general law.
   36         (e) New private leases, expansions of private leases, and
   37  lease conversions from a first-come, first-served basis to
   38  private use shall be assessed a one-time premium or qualify for
   39  a waiver of payment in accordance with rule 18-21, Florida
   40  Administrative Code. The one-time premium shall be 10 percent of
   41  the applicant’s projected retail price or the current market
   42  price, whichever is greater, to an end user for the use of the
   43  slips within the leased area. For applicants proposing to rent
   44  or lease the slips, or proposing to provide the slips to members
   45  at a below-market rate, the one-time premium shall be based on
   46  the current market price. The projected pricing shall be
   47  provided by the applicant and must be itemized by slip. All
   48  prices provided shall be reviewed by the department and verified
   49  with market data as reflective of the market prior to approval.
   50         1. An appraisal report is required if the department is
   51  unable to verify with market data and accept the applicant’s
   52  pricing documentation. The appraisal report conditions shall
   53  assume that the income to the lease area is at market rates. If
   54  an
   55