Florida Senate - 2013 SB 1470 By Senator Detert 28-00365-13 20131470__ 1 A bill to be entitled 2 An act relating to state lands; amending s. 253.03, 3 F.S.; requiring rules adopted by the Board of Trustees 4 of the Internal Improvement Trust Fund relating to 5 certain uses of sovereignty submerged lands to address 6 specific issues; providing that a facility that does 7 not comply with the rules is not eligible for a 8 surcharge waiver; amending s. 253.0345, F.S.; allowing 9 trustees to issue consents of use or leases to special 10 event promoters or boat show owners; providing that 11 certain consents of use or leases may be issued for 12 events to be held over 10 consecutive years; providing 13 for the adoption of rules; amending s. 403.814, F.S.; 14 requiring the Department of Environmental Protection 15 to issue general permits for certain special events; 16 providing requirements for such permits; requiring an 17 annual survey to ensure that lease boundaries have not 18 been violated; providing an effective date. 19 20 Be It Enacted by the Legislature of the State of Florida: 21 22 Section 1. Present subsections (9) through (16) of section 23 253.03, Florida Statutes, are renumbered as subsections (10) 24 through (17), respectively, and a new subsection (9) is added to 25 that section, to read: 26 253.03 Board of trustees to administer state lands; lands 27 enumerated.— 28 (9) Rules adopted by the Board of Trustees of the Internal 29 Improvement Trust Fund relating to the uses of sovereignty 30 submerged lands, except as provided in s. 253.51, ss. 253.67 31 253.75, and s. 311.09(1), must provide, at a minimum, that: 32 (a) The annual lease fee for standard term leases is 6 33 percent of the annual gross dockage income for marinas with 90 34 percent or more slips open to the public on a first-come, first 35 served basis. When calculating gross dockage income the 36 department may not include pass-through fees, such as fees for 37 utility services. 38 (b) A discount of 30 percent applies to the annual lease 39 fee for all marinas with at least 90 percent of the slips 40 available for rent to the public on a first-come, first-served 41 basis. To receive the discount, dockage rate sheet publications 42 and dockage advertising for the marina must clearly state that 43 slips are open to the public on a first-come, first-served 44 basis. 45 (c) A discount of 10 percent applies to the annual lease 46 fee for any facility that is designated by the department as a 47 “Clean Marina,” “Clean Boatyard,” or “Clean Marine Retailer” in 48 the Clean Marina Program and that: 49 1. Actively maintains that designation; 50 2. Remains in good standing in the program; 51 3. Remains in compliance with the terms of its lease; and 52 4. Does not change its use during the term of the lease. 53 54 A facility that does not comply with the conditions of the 55 program or that is in arrears on its lease fees is not eligible 56 for the discount for the next annual billing period. 57 (d) Extended-term lease surcharges are waived for any 58 facility that is designated by the department as a “Clean 59 Marina,” “Clean Boatyard,” or “Clean Marine Retailer” in the 60 Clean Marina Program and that: 61 1. Actively maintains that designation; 62 2. Is available to the public on a first-come, first-served 63 basis; 64 3. Remains in good standing in program; 65 4. Remains in compliance with all terms of its lease; and 66 5. Does not change its use during the term of the lease. 67 68 A facility that does not comply with such conditions is not 69 eligible for the surcharge waiver for the next billing period. 70 (e) The rules apply to any water-dependent facility 71 operated on state-owned submerged land that keeps open to the 72 general public at least 90 percent of slips that are over the 73 state-owned submerged land. The slips must be open to the 74 general public without qualifying requirements, such as club 75 membership, stock ownership, or equity interest, and have a 76 rental term that does not exceed 1 year, with no automatic 77 renewal rights or conditions. For purposes of this section, all 78 other leases are considered private. 79 Section 2. Section 253.0345, Florida Statutes, is amended 80 to read: 81 253.0345 Special events; submerged land leases.— 82 (1) The trustees are authorized to issue consents of use or 83 leases to riparian landowners, special
andevent promoters, or 84 boat show owners to allow the installation of temporary 85 structures, including docks, moorings, pilings and access 86 walkways, on sovereign submerged lands solely for the purpose of 87 facilitating boat shows and displays in, or adjacent to, 88 established marinas or government owned upland property. 89 Riparian owners of adjacent uplands who are not seeking a lease 90 or consent of use must shallbe notified by certified mail of 91 any request for such a lease or consent of use before prior to92 approval by the trustees. The trustees shall balance the 93 interests of any objecting riparian owners with the economic 94 interests of the public and the state as a factor in determining 95 if a lease or consent of use should be executed over the 96 objection of adjacent riparian owners. This section does shall97 not apply to structures for viewing motorboat racing, high-speed 98 motorboat contests or high-speed displays in waters where 99 manatees are known to frequent. 100 (2) Any special event provided for in subsection (1) may 101 shallbe held for a period of up to not to exceed30 days, but a 102 consent of use or lease may be issued for events to be held over 103 a period of 10 consecutive years. The lease or consent of use 104 may also contain appropriate requirements for removal of the 105 temporary structures, including the posting of sufficient surety 106 to guarantee appropriate funds for removal of the structures 107 should the promoter or riparian owner fail to do so within the 108 time specified in the agreement. 109 (3) Nothing in this section may shallbe construed to allow 110 any lease or consent of use that would result in harm to the 111 natural resources of the area as a result of the structures or 112 the activities of the special events agreed to. 113 (4) The Board of Trustees of the Internal Improvement Trust 114 Fund may adopt rules to administer this section, which include 115 rules providing for an exemption from the annual fees for 116 special events. 117 Section 3. Subsection (13) is added to section 403.814, 118 Florida Statutes, to read: 119 403.814 General permits; delegation.— 120 (13) The department shall issue general permits for special 121 events as defined in s. 253.0345. The permits must be for a 122 period that runs concurrently with the consent of use or lease 123 issued pursuant to that section. No more than two seagrass 124 studies may be required by a general permit, one conducted 125 before issuance of the permit and the other conducted at the 126 time the permit expires. General permits must also allow for the 127 movement of temporary structures within the footprint of the 128 lease area. A survey of the lease or consent area is required at 129 the time of application for a 10-year standard lease or consent 130 of use and general permit. An area of up to 25 percent of a 131 previous lease or consent of use area must be issued as part of 132 the general permit, lease, or consent of use to allow for 133 economic expansion of the special event during the 10-year term. 134 An annual survey of the distances of all structures from the 135 boundaries of the lease or consent of use area must be conducted 136 to ensure that the lease boundaries have not been violated. 137 Section 4. This act shall take effect July 1, 2013.