Fla. Admin. Code Ann. R. 18-21.008 - Applications for Lease

Applications for the following categories of leases are found in this section: standard, extended term, and oil and gas. Special event leases are addressed in rule 18-21.0082, F.A.C.

(1) Standard Lease. The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multi-family dock or pier, or private residential multislip dock shall be 10 years. For all other leases the term shall be 5 years. However, the term for leases for marinas where at least 90 percent of the slips are maintained for rent to the public on a first-come, first-served basis shall be 10 years.

(a) Applications for leases shall include the following:

1. Name, address, email address, and telephone number of applicant and applicant's authorized agent, if applicable.

2. Location of the proposed activity including: county; section, township and range; affected waterbody; and a scaled aerial photograph of the vicinity.

3. Satisfactory evidence of sufficient upland interest to the extent required by paragraph 18-21.004(3)(b), F.A.C.

4. Either a survey (when the lease area is 3,000 square feet or greater), or a sketch (when the lease area is less than 3,000 square feet) prepared, signed, and sealed by a Florida registered Professional Surveyor and Mapper, and meeting the following requirements:

a. Use a scale necessary to provide sufficient legibility and clarity of detail on an 8 1/2" x 11" page size;

b. Show the approximate location of the ordinary or mean high water;

c. Show the linear footage of the shoreline;

d. Show the location of the shoreline vegetation, if existing;

e. Show the location of the proposed structures and any existing structures;

f. Show the applicant's upland parcel property lines and associated riparian rights lines;

g. Show the primary navigation channels or direction to the center of the affected waterbody;

h. Include a legal description of the preempted area to be leased;

i. For those lease applications in the Florida Keys, indicate the water depths referenced to mean low water within the lease area and out to the navigation channel;

j. Computation of the total square footage of preempted sovereignty land to be leased; and

k. For those lease applications in an Aquatic Preserve, describe the natural, seawalled, or riprapped condition along the proposed lease area plus 1,000 feet on each side of the lease area.

5. Noticing information as required by subsection 18-21.005(3), F.A.C.

6. Information required by Form 18-21.008, Billing Information Form, March 2019, incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-10252, which provides billing information; sales tax information; and other data required in accordance with section 24.115(4), F.S. The form is also available from the Department's Internet site at http://www.dep.state.fl.us/lands/files/submerged_billing_information_form.pdf.

7. Payment of a $200.00 non-refundable processing fee for a private residential single-family dock or pier, or payment of a $500 non-refundable processing fee for all other facilities. The processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase.

8. If dredging is proposed, an estimate of the number of cubic yards of sovereignty materials to be removed, showing how the amount was calculated.

(b) All leases shall be subject to the following provisions:

1. The effective date of the lease term shall be the date of approval by the Board. The first annual lease fee shall be assessed beginning on the date of execution of the new lease or modified lease. New construction, new activities, or additional preemption cannot begin until the lease is executed. The first annual lease fee payment for new leases or modified leases shall be made within 30 days of execution of the lease.

2. Leases shall include provisions for lease fee adjustments and payments annually.

3. Leases are renewable, modifiable, and assignable, subject to: approval by the Board under this rule; compliance with the statutes and rules of the Board in effect at the time of lease renewal, modification or assignment that apply to or affect sovereignty submerged lands, including those that require modification of existing legally authorized structures; payment of a $261.00 non-refundable processing fee for a private residential single-family dock or pier, or payment of a $657.00 non-refundable processing fee for all other facilities; and payment of all fees assessed under rule 18-21.011, F.A.C. The processing fee shall be revised annually on March 1 and increased or decreased based on the average change in the Consumer Price Index, calculated by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. Non-compliance with any material term or condition of the lease to be renewed, modified or assigned or of any other current or prior lease between the applicant and the Board; evidence of the applicant's previous trespass, damage, or depredation to sovereign submerged land or the products thereof caused by the facility or use; or failure to pay any fees or fines assessed under rule 18-21.011 or chapter 18-1, F.A.C., for such leases; shall result in termination of the lease, corrective action, or enforcement under section 253.04, F.S., or chapter 18-14, F.A.C. No application to renew, modify or assign the lease shall be approved unless all such non-compliance is corrected.

4. At least once every five years, sites subject to lease shall be inspected by the Department or water management district staff to determine compliance with the terms and conditions of the lease. Non compliance with any material term or condition of the lease, or evidence of trespass, damage, or depredation to sovereign submerged land or the products thereof caused by the facility or use, shall result in termination of the lease, corrective action, or enforcement under section 253.04, F.S., or chapter 18-14, F.A.C.

5. Upon expiration or cancellation of a lease, the former lessee shall remove all structures and equipment from the leased area in accordance with the terms and conditions of the lease or as ordered under section 253.04(2), F.S. In the event that the former lessee fails to remove all structures and equipment, the Board shall issue an order requiring the former lessee to remove the structures and equipment from the leased area. If the former lessee fails to comply with such an order, the Board shall:

a. Impose a fine under section 253.04(2), F.S. and subsection 18-14.002(2), F.A.C.; and,

b. Remove the structures and equipment and recover the cost of removal from the former lessee under sections 253.04(1) and (5), F.S., and chapter 18-14, F.A.C.

Failure to pay a fine imposed under sub-sub-subparagraph 6.a., shall result in the imposition of a statutory lien in accordance with section 253.04(6), F.S., and chapter 18-14, F.A.C.

(2) Extended Term Leases.

(a) Extended term leases are those leases with terms in excess of those allowable for standard leases. Extended term leases shall be available for terms up to 25 years. Extended term leases shall be available for existing or proposed facilities or activities, including Grandfathered Registered Structures being brought under lease in accordance with paragraph 18-21.005(1)(d), F.A.C., where the use of the sovereignty submerged lands and the associated existing or proposed structures on sovereignty submerged lands have or will have an expected life, or amortization period, equal to or greater than the requested lease term and where the applicant has demonstrated that:

1. The facility or activity provides access to public waters and sovereignty submerged lands for the general public on a first-come, first-served basis;

2. The facility is constructed, operated or maintained by government, or funded by government secured bonds with a term greater than or equal to the requested lease term; or

3. The applicant demonstrates that an extended term is necessary to satisfy unique operational constraints; or

4. The facility is in compliance with an existing extended term lease.

(b) The Board shall grant extended term leases for those facilities or activities that qualify under paragraph 18-21.008(2)(a), F.A.C., where the applicant:

1. Has demonstrated compliance with all other provisions of this chapter applicable to the facility or use;

2. Has minimized the potential adverse impacts to sovereignty submerged lands as a result of the construction and use of the facility for its expected life's duration;

3. Has agreed to comply with all the terms and conditions that would be applicable to the extended term lease;

4. Has demonstrated compliance with the material terms and conditions of any previous lease or authorization issued to the applicant by the Board; and,

5. Has agreed to comply with the statutes, and rules of the Board, in effect at the time the lease is executed and whenever they are amended thereafter that apply to or affect sovereignty submerged lands and that are applicable to the facility or use.

(c) Applications for extended term leases shall be made using the criteria of paragraph 18-21.008(1)(a), F.A.C.

(d) All extended term leases shall be subject to the provisions of paragraph 18-21.008(1)(b), F.A.C.

(3) Oil and Gas Lease.

(a) Applications for nominations for the lease of sovereignty lands in which the State of Florida holds an interest in the petroleum or petroleum products shall include the following:

1. Name, email address, and address of the applicant or nominee;

2. Legal description of the parcel sought including the surface acreage; the applicant may use the submerged land blocks approved by the Board on March 17, 1981;

3. Identification of the state agency vested with the ownership of the petroleum products;

4. Percentage of the petroleum interests held by the State;

5. Identification of any municipal corporation in which all or part of the parcel sought is located or within 10 miles thereof;

6. Identification of any improved beach outside a municipal corporation or lands in the tidal waters of the State of Florida abutting on or immediately adjacent to any improved beach in which all or part of the parcel sought is located or within 3 miles thereof; and,

7. A $200 non-refundable processing fee.

(b) Competitive bids for oil and gas leases shall be written offers of a cash consideration including the advertised fee for the first lease year, the amount offered above said fee being the competitive bid. The cash consideration offered shall accompany the written offer by certified or cashier's check made payable to the department and shall be returned to the unsuccessful bidder upon award of the lease or upon rejection of any and all bids. All bids must contain a certified statement as to the bidder's state lease holdings pursuant to section 253.512, F.S.

Notes

Fla. Admin. Code Ann. R. 18-21.008

Rulemaking Authority 253.03(7) FS. Law Implemented 253.03, 253.04, 253.115, 253.12, 253.47, 253.512, 253.52-.54, 253.61, 253.67-.75 FS.

New 12-20-78, Formerly 16C-12.14, 16Q-17.14, Amended 3-27-82, 8-1-83, 2-25-85, 3-19-85, Formerly 16Q-21.08, 16Q-21.008, Amended 1-25-87, 10-11-98, 12-11-01, 3-8-04, 8-10-05, 9-1-09, Amended by Florida Register Volume 45, Number 044, March 5, 2019 effective 3/21/2019.