Florida Statutes
Chapter 253 - State Lands
253.0346 - Lease of Sovereignty Submerged Lands for Marinas, Boatyards, Mooring Fields, and Marine Retailers.


(1) For purposes of this section, the term “first-come, first-served basis” means the facility operates on state-owned submerged land for which:
(a) There is not a club membership, stock ownership, equity interest, or other qualifying requirement.
(b) Rental terms do not exceed 12 months and do not include automatic renewal rights or conditions.

(2) For marinas that are open to the public on a first-come, first-served basis and for which at least 90 percent of the slips are open for rent to the public, a discount of 30 percent on the annual lease fee shall apply if dockage rate sheet publications and dockage advertising clearly state that slips are open for rent to the public on a first-come, first-served basis.
(3) For a facility designated by the department as a Clean Marina, Clean Boatyard, or Clean Marine Retailer under the Clean Marina Program:
(a) A discount of 10 percent on the annual lease fee shall apply if the facility:
1. Actively maintains designation under the program.
2. Complies with the terms of the lease.
3. Does not change use during the term of the lease.

(b) Extended-term lease surcharges shall be waived if the facility:
1. Actively maintains designation under the program.
2. Complies with the terms of the lease.
3. Does not change use during the term of the lease.
4. Is available to the public on a first-come, first-served basis.

(c) If the facility is in arrears on lease fees or fails to comply with paragraph (b), the facility is not eligible for the discount or waiver under this subsection until arrears have been paid and compliance with the program has been met.

(4) Notwithstanding any other law, all of the following conditions apply for approved and permitted moorings or mooring fields in Monroe County:
(a) The general tenancy on a mooring may exceed 12 months, if requested, but may not exceed 10 years.
(b) A sovereign submerged land or other proprietary lease may not prohibit a vessel from an approved and permitted mooring or mooring field or limit the tenancy of a vessel because an individual has established it as his or her domicile in accordance with s. 222.17 or because the vessel is an individual’s primary residence.

(5) This section applies to new leases or amendments to leases effective after July 1, 2013.
History.—s. 6, ch. 2013-92; s. 1, ch. 2022-78.

Structure Florida Statutes

Florida Statutes

Title XVIII - Public Lands and Property

Chapter 253 - State Lands

253.001 - Board of Trustees of the Internal Improvement Trust Fund; Duty to Hold Lands in Trust.

253.002 - Department of Environmental Protection, Water Management Districts, Fish and Wildlife Conservation Commission, and Department of Agriculture and Consumer Services; Duties With Respect to State Lands.

253.01 - Internal Improvement Trust Fund Established.

253.02 - Board of Trustees; Powers and Duties.

253.025 - Acquisition of State Lands.

253.0251 - Alternatives to Fee Simple Acquisition.

253.027 - Emergency Archaeological Property Acquisition.

253.03 - Board of Trustees to Administer State Lands; Lands Enumerated.

253.031 - Land Office; Custody of Documents Concerning Land; Moneys; Plats.

253.0325 - Modernization of State Lands Records.

253.033 - Inter-American Center Property; Transfer to Board; Continued Use for Government Purposes.

253.034 - State-Owned Lands; Uses.

253.0341 - Surplus of State-Owned Lands.

253.0345 - Special Events; Submerged Land Leases.

253.0346 - Lease of Sovereignty Submerged Lands for Marinas, Boatyards, Mooring Fields, and Marine Retailers.

253.0347 - Lease of Sovereignty Submerged Lands for Private Residential Docks and Piers.

253.035 - Coastal Anchorage Areas.

253.036 - Forest Management.

253.037 - Use of State-Owned Land for Correctional Facilities.

253.04 - Duty of Board to Protect, etc., State Lands; State May Join in Any Action Brought.

253.05 - Prosecuting Officers to Assist in Protecting State Lands.

253.111 - Riparian Owners of Land.

253.115 - Public Notice and Hearings.

253.12 - Title to Tidal Lands Vested in State.

253.121 - Conveyances of Such Lands Heretofore Made, Ratified, Confirmed, and Validated.

253.1221 - Bulkhead Lines; Reestablishment.

253.1241 - Studies.

253.1252 - Citation of Rule.

253.126 - Legislative Intent.

253.127 - Enforcement.

253.128 - Enforcement; Board or Agency Under Special Law.

253.1281 - Review by Board.

253.129 - Confirmation of Title in Upland Owners.

253.135 - Construction of Ss. 253.12, 253.126, 253.127, 253.128, and 253.129.

253.14 - Rights of Riparian Owners; Board of Trustees to Defend Suit.

253.141 - Riparian Rights Defined; Certain Submerged Bottoms Subject to Private Ownership.

253.21 - Board of Trustees May Surrender Certain Lands to the United States and Receive Indemnity.

253.29 - Board of Trustees to Refund Money Paid Where Title to Land Fails.

253.34 - Transfer of Notes Owned by Board.

253.36 - Title to Reclaimed Marshlands, Wetlands, or Lowlands in Board of Trustees.

253.37 - Survey to Be Made; Sale of Lands; Preference to Buyers.

253.38 - Riparian Rights Not Affected.

253.381 - Unsurveyed Marshlands; Sale to Upland Owners.

253.382 - Oyster Beds, Minerals, and Oils Reserved to State.

253.39 - Surveys Approved by Chief Cadastral Surveyor Validated.

253.40 - To What Lands Applicable.

253.41 - Plats and Field Notes Filed in Office of Board of Trustees of Internal Improvement Trust Fund.

253.42 - Board of Trustees May Exchange Lands.

253.43 - Convey by Deed.

253.431 - Agents May Act on Behalf of Board of Trustees.

253.44 - Disposal of Lands Received.

253.45 - Sale or Lease of Phosphate, Clay, Minerals, etc., in or Under State Lands.

253.451 - Construction of Term “Land the Title to Which Is Vested in the state.”

253.47 - Board of Trustees May Lease, Sell, etc., Bottoms of Bays, Lagoons, Straits, etc., Owned by State, for Petroleum Purposes.

253.51 - Oil and Gas Leases on State Lands by the Board of Trustees.

253.511 - Reports by Lessees of Oil and Mineral Rights, State Lands.

253.512 - Applicants for Lease of Gas, Oil, or Mineral Rights; Report as to Lease Holdings.

253.52 - Placing Oil and Gas Leases on Market by Board.

253.53 - Sealed Bids Required.

253.54 - Competitive Bidding.

253.55 - Limitation on Term of Lease.

253.56 - Responsibility of Bidder.

253.57 - Royalties.

253.571 - Proof of Financial Responsibility Required of Lessee Prior to Commencement of Drilling.

253.60 - Conflicting Laws.

253.61 - Lands Not Subject to Lease.

253.62 - Board of Trustees Authorized to Convey Certain Lands Without Reservation.

253.66 - Change in Bulkhead Lines, Pinellas County.

253.665 - Grant of Easements, Licenses, and Leases.

253.67 - Definitions.

253.68 - Authority to Lease or Use Submerged Lands and Water Column for Aquaculture Activities.

253.69 - Application to Lease Submerged Land and Water Column.

253.70 - Public Notice.

253.71 - The Lease Contract.

253.72 - Marking of Leased Areas; Restrictions on Public Use.

253.73 - Rules; Ss. 253.67-253.75.

253.74 - Penalties.

253.75 - Studies and Recommendations by the Department and the Fish and Wildlife Conservation Commission; Designation of Recommended Traditional and Other Use Zones; Supervision of Aquaculture Operations.

253.763 - Judicial Review Relating to Permits and Licenses.

253.77 - State Lands; State Agency Authorization for Use Prohibited Without Consent of Agency in Which Title Vested; Concurrent Processing Requirements.

253.781 - Retention of State-Owned Lands Along Former Cross Florida Barge Canal Route; Creation of Cross Florida Greenways State Recreation and Conservation Area; Authorizing Transfer to the Federal Government for Inclusion in Ocala National Forest.

253.782 - Retention of State-Owned Lands in and Around Lake Rousseau and the Cross Florida Barge Canal Right-of-Way From Lake Rousseau West to the Withlacoochee River.

253.7821 - Cross Florida Greenways State Recreation and Conservation Area Assigned to the Department of Environmental Protection.

253.7822 - Boundaries of the Cross Florida Greenways State Recreation and Conservation Area; Coordination of Management Activities.

253.7823 - Disposition of Surplus Lands; Compensation of Counties Located Within the Cross Florida Canal Navigation District.

253.7824 - Sale of Products; Proceeds.

253.7825 - Recreational Uses.

253.7827 - Transportation and Utility Crossings of Greenways Lands.

253.7828 - Impairment of Use or Conservation by Agencies Prohibited.

253.783 - Expenditures for Acquisition of Land for a Canal Connecting the Waters of the Atlantic Ocean With the Gulf of Mexico via the St. Johns River Prohibited.

253.784 - Contracts.

253.785 - Liberal Construction of Act.

253.80 - Murphy Act Lands; Costs and Attorney Fees for Quieting Title.

253.81 - Murphy Act; Tax Certificates Barred.

253.82 - Title of State or Private Owners to Murphy Act Lands.

253.83 - Construction of Recodification.

253.86 - Management and Use of State-Owned or Other Uplands; Rulemaking Authority.

253.87 - Inventory of State, Federal, and Local Government Conservation Lands by the Department of Environmental Protection.

253.90 - Southeast Florida Coral Reef Ecosystem Conservation Area.