Florida Senate - 2010                                     SB 584
       
       
       
       By Senator Fasano
       
       
       
       
       11-00356-10                                            2010584__
    1                        A bill to be entitled                      
    2         An act relating to the lease of submerged lands;
    3         amending s. 253.71, F.S.; deleting the per-acre
    4         surcharge imposed on each lease; prohibiting the
    5         imposition of rental fees or other charges for the
    6         lease of submerged lands used for residential docks,
    7         piers, and wetslips; providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Subsection (2) of section 253.71, Florida
   12  Statutes, is amended to read:
   13         253.71 The lease contract.—When the board has determined
   14  that the proposed lease is not incompatible with the public
   15  interest and that the applicant has demonstrated his or her
   16  capacity to perform the operations upon which the application is
   17  based, it may proceed to consummate a lease contract having the
   18  following features in addition to others deemed desirable by the
   19  board:
   20         (2) RENTAL FEES.—
   21         (a) The lease contract must shall specify the such amount
   22  of rental per acre of leased bottom as may be agreed to by the
   23  parties and must shall take the form of fixed rental to be paid
   24  throughout the term of the lease. Beginning January 1, 1990, a
   25  surcharge of $5 per acre, or any fraction of an acre, per annum
   26  shall be levied upon each lease according to the guidelines set
   27  forth in s. 597.010(7). Beginning January 1, 2001, the surcharge
   28  shall be increased to $10 per acre, or any fraction of an acre,
   29  per annum.
   30         (b) All leases must shall stipulate for the payment of the
   31  initial term’s first year’s annual rental within 30 days after
   32  of the date of execution of the lease instrument, and payment of
   33  the annual rental fee for all succeeding years throughout the
   34  term of the lease on or before the anniversary date. Failure of
   35  the lessee to pay such rent within 30 days after of such date
   36  constitutes shall constitute ground for cancellation of the
   37  lease and forfeiture to the state of all works, improvements,
   38  and animal and plant life in and upon the leased land and water
   39  column.
   40         (c) A rental fee or other charges may not be imposed on the
   41  use of submerged lands for private residential docks, piers, or
   42  wetslips that are used exclusively for noncommercial purposes.
   43         Section 2. This act shall take effect July 1, 2010.