BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND
RULE NO: RULE TITLE
18-21.004: Management Policies, Standards, and Criteria
18-21.011: Payments and FeesNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33, No. 29, July 20, 2007 issue of the Florida Administrative Weekly.
18-21.004 Management Policies, Standards, and Criteria.
The following management policies, standards, and criteria shall be used in determining whether to approve, approved with conditions or modifications, or deny all requests for activities on sovereignty submerged lands.
(1) General Proprietary.
(a) through (e) No change.
(f) Appraisal services, when required, shall be obtained through the Division’s Bureau of Appraisal in accordance with Chapter 18-1, F.A.C., except as follows:
1. The applicant shall pay the fee for appraisal services, which is non-refundable. No appraisal services shall proceed until the appraisal services fee has been received by the Division. If the applicant withdraws its application after appraisal services have begun and any appraisal expenses have been incurred, the appraisal fee will be non-refundable. If no services have begun and no expenses have been incurred, the appraisal fee is refundable upon written request of the applicant.
2. No change.
(g) through (k) No change.
(l) For purposes of notification of adjacent property owners, rRequests for revisions to existing leases or easements that are reasonably expected to lead to increased environmental impact, an increase in preempted area of ten percent or more, or a significant change in use (such as one that requires use of a different form of authorization or application of different rule criteria), or heightened public concern will be treated as new applications under this chapter.
(2) through (8) No change.
Specific Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.141, 253.68, 253.72, 253.74, 253.75, 253.77 FS. History– New 3-27-82, 8-1-83, Formerly 16Q-21.04, 16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 3-20-94, 10-15-98, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 10-27-05,________.
18-21.011 Payments and Fees.
(1) Standard and Extended Term Leases.
(a) No change.
(b) Base Fees, Discounts, Surcharges and Other Payments.
1. The base fee shall be computed at a rate of $0.1413 per square foot per annum, which became effective March 1, 2007. The base fee and the minimum annual fee shall be revised March 1 of each year and increased or decreased based on the average change over time in the price paid by all urban consumers for a market basket of consumer goods and services Consumer Price Index. In determining the change, the Board will annually consult the Consumer Price Index figures established for the previous five years by the Bureau of Labor Statistics, computed as provided in the BLS Publication “Handbook of Methods,” Chapter 17, June 2007, and found on the BLS website at http://www.bls.gov/opub/homch17.pdf. The average change in the Consumer Price Index is calculated annually by averaging the Consumer Price Index over the previous five-year period. There shall be a 10 percent cap on any annual increase.
2. through 13. No change.
(c) No change.
(d) Class III and Special Event Authorizations.
1. No change.
2. Class III and IV Special Event leases are also subject to the 25 percent first annual fee surcharge, the annual fee adjustment based on the average change in the Consumer Price Index, as provided in subparagraph 18-21.011(1)(b)1., and other payments required by paragraph 18-21.011(1)(b), F.A.C. Special events are not eligible for the 30% discount provided by subparagraph 18-21.011(1)(b)2., F.A.C.
3. through 4. No change.
(2) Private Easements.
(a) through (b) No change.
(c) The fee for private easements for telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., shall be a one-time easement value and enhanced value fee of $5.591306 for installations outside of special consideration areas or a one-time easement value fee of $0.0663 for installations inside such areas, effective March 1, 2007. The applicable fee shall be assessed per linear foot of telecommunication line or conduit as measured along sovereignty submerged lands from the State’s territorial limits within the territorial sea to first landfall on the mainland for easements up to 10 feet wide, and shall be increased proportionally for easements of greater widths. This fee shall also be applicable to easement modifications to the extent that such modifications increase the easement area and to easement renewals. The fee shall be revised annually on March 1 and increased or decreased based on the average change, as provided in subparagraph 18-21.011(1)(b)1., in the Consumer Price Index, calculated as provided in subparagraph 18-21.011(1)(b)1. by averaging the Consumer Price Index over the previous five-year period, with a 10 percent cap on any annual increase. This fee shall not be applicable to applications to transfer or assign an easement.
(3) through (5) No change.
Specific Authority 253.03(7), 253.03(11), 253.73 FS. Law Implemented 253.03, 253.71 FS. History–New 3-27-82, Amended 5-18-82, 8-1-83, 9-5-84, 10-20-85, Formerly 16Q-21.11, 16Q-21.011, Amended 1-25-87, 9-6-87, 3-15-90, 10-11-98, 10-15-98, 10-29-03, 3-8-04, 1-1-06,_________.
