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