18-21.013. Applications to Purchase Filled Lands Adjacent to Riparian Uplands

(1) Applications to purchase state-owned submerged lands that have been filled and which are adjacent to riparian uplands may be made by the riparian owners only. The Division shall reject applications that do not comply with this rule. If an application satisfies all the criteria of this rule, the Division shall send the application to the Board for final determination regarding the sale of the filled lands. The following shall be included in each application:

(a) Name and address of the applicant;

(b) Two prints of a survey prepared, signed, and sealed by a person properly licensed by the State of Florida Board of Land Surveyors or an agent of the federal government approved by the department clearly showing:

1. The boundaries of the parcel sought,

2. Land tie referenced, by ground survey, to an established accessible section corner, subsection corner, other U.S. Government Land Office survey corner, or other controlling corner(s),

3. Boundary lines of the applicant’s adjacent uplands,

4. U.S. Government Land Office meander line.

(c) Five maps, no larger than 8 1/2" x 14" in size, showing the location of the parcel sought for purchase. These maps need not be certified;

(d) Legal description and acreage of the filled parcel;

(e) Aerial photograph showing the date of flight, if available, with the parcel sought identified thereon;

(f) One copy of the recorded subdivision plat with any dedication data, if the applicant’s uplands are part of the subdivision;

(g) Satisfactory evidence of title in the applicant to the riparian uplands;

(h) Statement of the applicant’s proposed use of the parcel sought;

(i) Statement evidencing that the sale of the parcel is in the public interest;

(j) Names and addresses, as shown on the latest county tax assessment roll, of all owners of land lying within 1,000 feet of the parcel sought, certified by the county appraiser; and,

(k) A non-refundable processing fee of $200 shall accompany each application, except for applications from state agencies.

(2) If the parcel sought is located in Pinellas or Sarasota County, the applicant shall simultaneously file an application with the respective water and navigation control authority having jurisdiction over the parcel.

(3) When state-owned submerged lands have been filled without authority after June 10, 1957 (state-owned submerged lands filled prior to June 11, 1957, are addressed in rule 18-21.019, F.A.C.), except for lands filled before July 1, 1975, that satisfy all of the requirements of section 253.12(9), F.S., the Board will consider the following options and choose the one that is most in the public interest.

(a) Direct the fill be removed by or at the expense of the applicant;

(b) Direct the fill remain as state-owned, have it surveyed at the expense of the applicant and come under lease; or

(c) Sell the filled lands. The following sale prices shall be recommended by the Department to the Board:

1. The present value of the lands determined by an approved appraisal excluding building improvements if the unauthorized filling was done by the applicant’s predecessor in title after June 10, 1957.

2. Three times the present value of the lands determined by an approved appraisal excluding building improvements if the unauthorized filling was done by the applicant after June 10, 1957.

(4) Full payment for the deed shall be made within 90 days after notification of confirmation of the sale by the board or the sale shall be invalid.

Rulemaking Authority 253.03, 253.12, 379.2341 FS. Law Implemented 253.115, 253.12 FS. History–New 9-26-77, Formerly 16C-12.04, 16Q-17.04, Amended 3-27-82, Formerly 16Q-21.13, 16Q-21.013, Amended 4-14-08, 3-21-19.