Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 332
       
       
       
       
       
       
                                Barcode 237942                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/14/2011           .                                
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       The Committee on Environmental Preservation and Conservation
       (Jones) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 253.0347, Florida Statutes, is created
    6  to read:
    7         253.0347 Lease of sovereignty submerged lands for private
    8  residential docks and piers.—
    9         (1) The maximum initial term of a standard lease of
   10  sovereignty submerged lands for a private residential single
   11  family dock or pier, private residential multifamily dock or
   12  pier, or private residential multislip dock is 10 years. A lease
   13  is renewable for successive terms of up to 10 years if the
   14  parties agree and the lessee complies with all terms of the
   15  lease and all applicable laws and rules.
   16         (2)(a) A standard lease contract for sovereignty submerged
   17  lands for a private residential single-family dock or pier,
   18  private residential multifamily dock or pier, or private
   19  residential multislip dock must specify the amount of lease fees
   20  as established by the Board of Trustees of the Internal
   21  Improvement Trust Fund.
   22         (b) If private residential multifamily docks or piers,
   23  private residential multislip docks, and other private
   24  residential structures pertaining to the same upland parcel
   25  include a total of no more than one wet slip for each approved
   26  upland residential unit, the lessee is not required to pay a
   27  lease fee on a preempted area of 10 square feet or less of
   28  sovereignty submerged lands for each linear foot of shoreline in
   29  which the lessee has a sufficient upland interest as determined
   30  by the Board of Trustees of the Internal Improvement Trust Fund.
   31         (c) A lessee of sovereignty submerged lands for a private
   32  residential single-family dock or pier, private residential
   33  multifamily dock or pier, or private residential multislip dock
   34  is not required to pay a lease fee on revenue derived from the
   35  transfer of fee simple or beneficial ownership of private
   36  residential property that is entitled to a homestead exemption
   37  pursuant to s. 196.031 at the time of transfer.
   38         (d) A lessee of sovereignty submerged lands for a private
   39  residential single-family dock or pier, private residential
   40  multifamily dock or pier, or private residential multislip dock
   41  must pay a lease fee on any income derived from a wet slip,
   42  dock, or pier in the preempted area under lease in an amount
   43  determined by the Board of Trustees of the Internal Improvement
   44  Trust Fund.
   45         (3) The Department of Environmental Protection shall
   46  inspect each private residential single-family dock or pier,
   47  private residential multifamily dock or pier, private
   48  residential multislip dock, or other private residential
   49  structure under lease at least once every 10 years to determine
   50  compliance with the terms and conditions of the lease.
   51         (4) This section does not prohibit the Board of Trustees of
   52  the Internal Improvement Trust Fund or the Department of
   53  Environmental Protection from imposing additional application
   54  fees, regulatory permitting fees, or other lease requirements as
   55  otherwise authorized by law.
   56         Section 2. Beginning with the 2011-2012 fiscal year, the
   57  sum of $1 million in recurring funds is appropriated from the
   58  General Revenue Fund to the Internal Improvement Trust Fund for
   59  purposes of administration, management, and disposition of
   60  sovereignty submerged lands.
   61         Section 3. This act shall take effect July 1, 2011.
   62  
   63  ================= T I T L E  A M E N D M E N T ================
   64         And the title is amended as follows:
   65         Delete everything before the enacting clause
   66  and insert:
   67                        A bill to be entitled                      
   68         An act relating to sovereignty submerged lands;
   69         creating s. 253.0347, F.S.; providing for the lease of
   70         sovereignty submerged lands for private residential
   71         single-family docks and piers, private residential
   72         multifamily docks and piers, and private residential
   73         multislip docks; providing for the term of the lease
   74         and lease fees; providing for inspection of such
   75         docks, piers, and related structures by the Department
   76         of Environmental Protection; clarifying the authority
   77         of the Board of Trustees of the Internal Improvement
   78         Trust Fund and the department to impose additional
   79         fees and requirements; providing an appropriation;
   80         providing an effective date.