HB 13

1
A bill to be entitled
2An act relating to sovereignty submerged lands;
3creating s. 253.0347, F.S.; providing for the lease of
4sovereignty submerged lands for private residential
5single-family docks and piers, private residential
6multifamily docks and piers, and private residential
7multislip docks; providing for the term of the lease
8and lease fees; providing for inspection of such
9docks, piers, and related structures by the Department
10of Environmental Protection; clarifying the authority
11of the Board of Trustees of the Internal Improvement
12Trust Fund and the department to impose additional
13fees and requirements; providing an appropriation;
14providing an effective date.
15
16Be It Enacted by the Legislature of the State of Florida:
17
18     Section 1.  Section 253.0347, Florida Statutes, is created
19to read:
20     253.0347  Lease of sovereignty submerged lands for private
21residential docks and piers.-
22     (1)  The maximum initial term of a standard lease of
23sovereignty submerged lands for a private residential single-
24family dock or pier, private residential multifamily dock or
25pier, or private residential multislip dock is 10 years. A lease
26is renewable for successive terms of up to 10 years if the
27parties agree and the lessee complies with all terms of the
28lease and all applicable laws and rules.
29     (2)(a)  A standard lease contract for sovereignty submerged
30lands for a private residential single-family dock or pier,
31private residential multifamily dock or pier, or private
32residential multislip dock must specify the amount of lease fees
33as established by the Board of Trustees of the Internal
34Improvement Trust Fund.
35     (b)  If private residential multifamily docks or piers,
36private residential multislip docks, and other private
37residential structures pertaining to the same upland parcel
38include a total of no more than one wet slip for each approved
39upland residential unit, the lessee is not required to pay a
40lease fee on a preempted area of 10 square feet or less of
41sovereignty submerged lands for each linear foot of shoreline in
42which the lessee has a sufficient upland interest as determined
43by the Board of Trustees of the Internal Improvement Trust Fund.
44     (c)  A lessee of sovereignty submerged lands for a private
45residential single-family dock or pier, private residential
46multifamily dock or pier, or private residential multislip dock
47is not required to pay a lease fee on revenue derived from the
48transfer of fee simple or beneficial ownership of private
49residential property that is entitled to a homestead exemption
50pursuant to s. 196.031 at the time of transfer.
51     (d)  A lessee of sovereignty submerged lands for a private
52residential single-family dock or pier, private residential
53multifamily dock or pier, or private residential multislip dock
54must pay a lease fee on any income derived from a wet slip,
55dock, or pier in the preempted area under lease in an amount
56determined by the Board of Trustees of the Internal Improvement
57Trust Fund.
58     (3)  The Department of Environmental Protection shall
59inspect each private residential single-family dock or pier,
60private residential multifamily dock or pier, private
61residential multislip dock, or other private residential
62structure under lease at least once every 10 years to determine
63compliance with the terms and conditions of the lease.
64     (4)  This section does not prohibit the Board of Trustees
65of the Internal Improvement Trust Fund or the Department of
66Environmental Protection from imposing additional application
67fees, regulatory permitting fees, or other lease requirements as
68otherwise authorized by law.
69     Section 2.  Beginning with the 2012-2013 fiscal year, the
70sum of $1 million in recurring funds is appropriated from the
71General Revenue Fund to the Internal Improvement Trust Fund for
72purposes of administration, management, and disposition of
73sovereignty submerged lands.
74     Section 3.  This act shall take effect July 1, 2012.


CODING: Words stricken are deletions; words underlined are additions.