Bill Text: FL S0584 | 2010 | Regular Session | Introduced

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Bill Title: Lease of Submerged Lands [EPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Environmental Preservation and Conservation [S0584 Detail]

Download: Florida-2010-S0584-Introduced.html

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Florida Senate - 2010                                     SB 584 
 
By Senator Fasano 
11-00356-10                                            2010584__ 
1                        A bill to be entitled 
2         An act relating to the lease of submerged lands; 
3         amending s. 253.71, F.S.; deleting the per-acre 
4         surcharge imposed on each lease; prohibiting the 
5         imposition of rental fees or other charges for the 
6         lease of submerged lands used for residential docks, 
7         piers, and wetslips; providing an effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Subsection (2) of section 253.71, Florida 
12  Statutes, is amended to read: 
13         253.71 The lease contract.—When the board has determined 
14  that the proposed lease is not incompatible with the public 
15  interest and that the applicant has demonstrated his or her 
16  capacity to perform the operations upon which the application is 
17  based, it may proceed to consummate a lease contract having the 
18  following features in addition to others deemed desirable by the 
19  board: 
20         (2) RENTAL FEES.— 
21         (a) The lease contract must shall specify the such amount 
22  of rental per acre of leased bottom as may be agreed to by the 
23  parties and must shall take the form of fixed rental to be paid 
24  throughout the term of the lease. Beginning January 1, 1990, a 
25  surcharge of $5 per acre, or any fraction of an acre, per annum 
26  shall be levied upon each lease according to the guidelines set 
27  forth in s. 597.010(7). Beginning January 1, 2001, the surcharge 
28  shall be increased to $10 per acre, or any fraction of an acre, 
29  per annum. 
30         (b) All leases must shall stipulate for the payment of the 
31  initial term’s first year’s annual rental within 30 days after 
32  of the date of execution of the lease instrument, and payment of 
33  the annual rental fee for all succeeding years throughout the 
34  term of the lease on or before the anniversary date. Failure of 
35  the lessee to pay such rent within 30 days after of such date 
36  constitutes shall constitute ground for cancellation of the 
37  lease and forfeiture to the state of all works, improvements, 
38  and animal and plant life in and upon the leased land and water 
39  column. 
40         (c) A rental fee or other charges may not be imposed on the 
41  use of submerged lands for private residential docks, piers, or 
42  wetslips that are used exclusively for noncommercial purposes. 
43         Section 2. This act shall take effect July 1, 2010.