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.