(1) The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is 10 years. A lease is renewable for successive terms of up to 10 years if the parties agree and the lessee complies with all terms of the lease and all applicable laws and rules.
(2)(a) A standard lease contract for sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must specify the amount of lease fees as established by the Board of Trustees of the Internal Improvement Trust Fund.
(b) If private residential multifamily docks or piers, private residential multislip docks, and other private residential structures pertaining to the same upland parcel include a total of no more than one wet slip for each approved upland residential unit, the lessee is not required to pay a lease fee on a preempted area of 10 square feet or less of sovereignty submerged lands for each linear foot of shoreline in which the lessee has a sufficient upland interest as determined by the Board of Trustees of the Internal Improvement Trust Fund.
(c) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is not required to pay a lease fee on revenue derived from the transfer of fee simple or beneficial ownership of private residential property that is entitled to a homestead exemption pursuant to s. 196.031 at the time of transfer.
(d) A lessee of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock must pay a lease fee on any income derived from a wet slip, dock, or pier in the preempted area under lease in an amount determined by the Board of Trustees of the Internal Improvement Trust Fund.
(e) A lessee of sovereignty submerged lands for a private residential single-family dock designed to moor up to four boats is not required to pay lease fees for a preempted area equal to or less than 10 times the riparian shoreline along sovereignty submerged land on the affected water body or the square footage authorized for a private residential single-family dock under rules adopted by the Board of Trustees of the Internal Improvement Trust Fund for the management of sovereignty submerged lands, whichever is greater.
(f) A lessee of sovereignty submerged lands for a private residential multifamily dock designed to moor boats up to the number of units within the multifamily development is not required to pay lease fees for a preempted area equal to or less than 10 times the riparian shoreline along sovereignty submerged land on the affected water body times the number of units with docks in the private multifamily development. Private residential multifamily docks grandfathered-in to use sovereignty submerged lands by January 1, 1998, pursuant to former rule 18-21.00405, Florida Administrative Code, as it existed in rule on March 15, 1990, may moor a number of boats that exceeds the number of units within the private multifamily development as previously authorized under such rule.
(3) The Department of Environmental Protection shall inspect each private residential single-family dock or pier, private residential multifamily dock or pier, private residential multislip dock, or other private residential structure under lease at least once every 10 years to determine compliance with the terms and conditions of the lease.
(4) This section does not prohibit the Board of Trustees of the Internal Improvement Trust Fund or the Department of Environmental Protection from imposing additional application fees, regulatory permitting fees, or other lease requirements as otherwise authorized by law.
History.—s. 1, ch. 2012-202; s. 7, ch. 2013-92; s. 1, ch. 2017-163.
Structure Florida Statutes
Title XVIII - Public Lands and Property
253.001 - Board of Trustees of the Internal Improvement Trust Fund; Duty to Hold Lands in Trust.
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.
253.0347 - Lease of Sovereignty Submerged Lands for Private Residential Docks and Piers.
253.035 - Coastal Anchorage Areas.
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.
253.128 - Enforcement; Board or Agency Under Special Law.
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.
253.42 - Board of Trustees May Exchange Lands.
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.”
253.51 - 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.
253.55 - Limitation on Term of Lease.
253.56 - Responsibility of Bidder.
253.571 - Proof of Financial Responsibility Required of Lessee Prior to Commencement of Drilling.
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.
253.68 - Authority to Lease or Use Submerged Lands and Water Column for Aquaculture Activities.
253.69 - Application to Lease Submerged Land and Water Column.
253.72 - Marking of Leased Areas; Restrictions on Public Use.
253.73 - Rules; Ss. 253.67-253.75.
253.763 - Judicial Review Relating to Permits and Licenses.
253.7824 - Sale of Products; Proceeds.
253.7827 - Transportation and Utility Crossings of Greenways Lands.
253.7828 - Impairment of Use or Conservation by Agencies Prohibited.
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.
253.90 - Southeast Florida Coral Reef Ecosystem Conservation Area.