| 1 | A bill to be entitled |
| 2 | An act relating to sovereignty submerged lands; creating |
| 3 | s. 253.0347, F.S.; providing for the lease of sovereignty |
| 4 | submerged lands for private residential single-family |
| 5 | docks and piers, private residential multifamily docks and |
| 6 | piers, and private residential multislip docks; providing |
| 7 | for the term of the lease and lease fees; providing for |
| 8 | inspection of such docks, piers, and related structures by |
| 9 | the Department of Environmental Protection; clarifying the |
| 10 | authority of the Board of Trustees of the Internal |
| 11 | Improvement Trust Fund and the department to impose |
| 12 | additional fees and requirements; providing an |
| 13 | appropriation; providing an effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 253.0347, Florida Statutes, is created |
| 18 | to read: |
| 19 | 253.0347 Lease of sovereignty submerged lands for private |
| 20 | residential docks and piers.- |
| 21 | (1) The maximum initial term of a standard lease of |
| 22 | sovereignty submerged lands for a private residential single- |
| 23 | family dock or pier, private residential multifamily dock or |
| 24 | pier, or private residential multislip dock is 10 years. A lease |
| 25 | is renewable for successive terms of up to 10 years if the |
| 26 | parties agree and the lessee complies with all terms of the |
| 27 | lease and all applicable laws and rules. |
| 28 | (2)(a) A standard lease contract for sovereignty submerged |
| 29 | lands for a private residential single-family dock or pier, |
| 30 | private residential multifamily dock or pier, or private |
| 31 | residential multislip dock must specify the amount of lease fees |
| 32 | as established by the Board of Trustees of the Internal |
| 33 | Improvement Trust Fund. |
| 34 | (b) If private residential multifamily docks or piers, |
| 35 | private residential multislip docks, and other private |
| 36 | residential structures pertaining to the same upland parcel |
| 37 | include a total of no more than one wet slip for each approved |
| 38 | upland residential unit, the lessee is not required to pay a |
| 39 | lease fee on a preempted area of 10 square feet or less of |
| 40 | sovereignty submerged lands for each linear foot of shoreline in |
| 41 | which the lessee has a sufficient upland interest as determined |
| 42 | by the Board of Trustees of the Internal Improvement Trust Fund. |
| 43 | (c) A lessee of sovereignty submerged lands for a private |
| 44 | residential single-family dock or pier, private residential |
| 45 | multifamily dock or pier, or private residential multislip dock |
| 46 | is not required to pay a lease fee on revenue derived from the |
| 47 | transfer of fee simple or beneficial ownership of private |
| 48 | residential property that is entitled to a homestead exemption |
| 49 | pursuant to s. 196.031 at the time of transfer. |
| 50 | (d) A lessee of sovereignty submerged lands for a private |
| 51 | residential single-family dock or pier, private residential |
| 52 | multifamily dock or pier, or private residential multislip dock |
| 53 | must pay a lease fee on any income derived from a wet slip, |
| 54 | dock, or pier in the preempted area under lease in an amount |
| 55 | determined by the Board of Trustees of the Internal Improvement |
| 56 | Trust Fund. |
| 57 | (3) The Department of Environmental Protection shall |
| 58 | inspect each private residential single-family dock or pier, |
| 59 | private residential multifamily dock or pier, private |
| 60 | residential multislip dock, or other private residential |
| 61 | structure under lease at least once every 10 years to determine |
| 62 | compliance with the terms and conditions of the lease. |
| 63 | (4) This section does not prohibit the Board of Trustees |
| 64 | of the Internal Improvement Trust Fund or the Department of |
| 65 | Environmental Protection from imposing additional application |
| 66 | fees, regulatory permitting fees, or other lease requirements as |
| 67 | otherwise authorized by law. |
| 68 | Section 2. Beginning with the 2011-2012 fiscal year, the |
| 69 | sum of $1 million in recurring funds is appropriated from the |
| 70 | General Revenue Fund to the Internal Improvement Trust Fund for |
| 71 | purposes of administration, management, and disposition of |
| 72 | sovereignty submerged lands. |
| 73 | Section 3. This act shall take effect July 1, 2011. |