The rule amendments clarify and implement statutes and policies adopted by the Board of Trustees for sovereignty submerged land management, including those for appraisals. The amendments implement recommendations of the Auditor General’s Office in a ...

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND

RULE NO: RULE TITLE
18-21.003: Definitions
18-21.004: Management Policies, Standards, and Criteria
18-21.010: Applications for Private Easement
18-21.011: Payments and Fees
18-21.013: Applications to Purchase Lands Riparian to Uplands
PURPOSE AND EFFECT: The rule amendments clarify and implement statutes and policies adopted by the Board of Trustees for sovereignty submerged land management, including those for appraisals. The amendments implement recommendations of the Auditor General’s Office in a June 2005 operational audit of the Department. The amendments also address when requests to modify sovereignty submerged lands authorizations are so significant that such requests trigger a new application.
SUMMARY: The rule amendments: clarify appraisal-related terms by adding or amending definitions; clarify the cost of private easements; provide less costly alternate methods of valuation of private easements for single-family residential property owners; incorporate appraisal standards and procedures; conform the rule related to applications to purchase filled lands to statute; and make minor changes to correct errors, update and clarify existing rules. The amendments add a section providing criteria for assessing when modifications to existing sovereignty submerged lands authorizations are of such magnitude that they will be considered new applications under the rule.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 253.03(7), 253.03(11) FS.
LAW IMPLEMENTED: 253.03, 253.77 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 21, 2007, 10:00 a.m.
PLACE: Conference Room A, Marjory Stoneman Douglas Building, D.E.P., 3900 Commonwealth Blvd., Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Vicki Thompson, below. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Vicki Thompson, DEP, Division of State Lands, MS 130, 3900 Commonwealth Blvd., Tallahassee, FL 32399-3000, [phone], [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

18-21.003 Definitions.

When used in these rules, the following definitions shall apply unless the context clearly indicates otherwise:

(1) through (3) No change.

(4) “Appraisal services” has the same meaning as provided in Rule 18-1.002, F.A.C.

(5) “Approved appraisal” has the same meaning as provided in Rule 18-1.002, F.A.C.

(4) through (66) renumbered (6) through (68) No change.

Specific Authority 253.03(7), 253.73 FS. Law Implemented 253.001, 253.03, 253.68, 253.77 FS. History–New 9-26-77, Formerly 16C-12.01, 16Q-17.01, Amended 3-27-82, 8-1-83, 2-25-85, Formerly 16Q-21.03, 16Q-21.003, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 3-20-94, 10-15-98, 8-1-01, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 1-1-06,____________.

 

18-21.004 Management Policies, Standards, and Criteria.

The following management policies, standards, and criteria shall be used in determining whether to approve, approve 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.

2. All appraisal services must be reviewed through the Division and approved by the Division.

(f) through (j) renumbered (g) through (k) No change.

(l) Requests 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, 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, Amended 8-1-83, Formerly 16Q-21.04, 16Q-21.004, Amended 12-25-86, 1-25-87, 3-15-90, 8-18-92, 10-15-98, 12-11-01, 10-29-03, 12-16-03, 3-8-04, 10-27-05,________.

 

18-21.010 Applications for Private Easement.

(1) Applications for easements across sovereignty submerged lands for private purposes shall include the following:

(a) through (i) No change.

(j) If dredging is proposed, an estimate of the number of cubic yards of sovereignty material to be removed showing how the amount was calculated; and

(k) If the application is for an easement of right-of-way for private access from a public road to lands of the applicant, proof of approval from the agency having jurisdiction over the public road; and.

(l) Calculation of the value of the easement pursuant to subsection 18-21.011(2), F.A.C.

(2) through (5) No change.

Specific Authority 253.03(7) FS. Law Implemented 253.03(11), 253.115, 253.12 FS. History–New 12-20-78, Formerly 16C-12.10, 16Q-17.10, Revised 3-27-82, Formerly 16Q-21.10, 16Q-21.010, Amended 12-11-01, 10-29-03, 3-8-04, 8-10-05,__________.

 

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 $0.1130 per square foot per annum, which became effective March 1, 2007 1998. 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 in the Consumer Price Index. 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 3. No change.

4. There shall be a minimum annual fee of $423.89 $339.00, effective March 1, 2007 October 11, 1998. The minimum annual fee shall be adjusted annually based on subparagraph 18-21.011(1)(b)1., F.A.C.

5. through 6. No change.

7. A waiver from payment of annual lease fees for government, research, education or charitable entities that are either not-for-profit or non-profit shall be granted if the following conditions are met:

a. No change.

b. The activity or use of sovereignty submerged lands is consistent with the public purposes of the applicant organization and is not an adjunct to a commercial endeavor.

8. A waiver from payment of annual lease fees shall be granted for a private residential multi-family dock or pier constructed in lieu of multiple private residential single-family docks or piers in accordance with paragraph 18-21.004(4)(c), F.A.C. on existing individual, single-family riparian parcels shall be granted if the following conditions met:

a. Private residential single-family docks or piers could otherwise be authorized under Chapter 18-18 or 18-20, as applicable, and 18-21, F.A.C., on all the affected parcels;

b. Each of the affected parcels contains or is zoned or approved for no more than one detached single-family residence;

c. A conservation easement in favor of the Board is placed on all the affected parcels to subordinate or waive any further riparian rights of ingress and egress for additional docks and piers; and

d. The Board determines that a waiver of payment of annual lease fees is not contrary to the public interest.

9. through 13. No change.

(c) One-time premium.

1. No change.

2. Paragraph 18-21.011(1)(c), F.A.C., shall apply to existing leases with the one-time premium lease condition and to new leases approved by the Board after September 6, 1987, the effective date of this subsection, unless one or more of the subparagraph 18-21.011(1)(c)3., F.A.C., conditions are complied with.

3. Paragraph 18-21.011(1)(c), F.A.C., shall not apply to:

a. through f. No change.

g. Docking facilities built before September 6, 1987, the effective date of paragraph 18-21.011(1)(c), F.A.C., in which the developers of the facility no longer have any interest in the facility and where the facility has been assigned to a homeowners association or other association made up exclusively of the residents of the development; or

h. No change.

(d) No change.

(2) Private Easements.

(a) The fee for granting, modifying, or renewing a private easement containing 3,000 square feet or less, for a single-family riparian parcel, or for two adjacent single-family riparian parcels sharing a common easement, shall be calculated as 1/2 the minimum annual lease fee determined under paragraph 18-21.011(1)(b), F.A.C., multiplied by the term of the easement.

(b)(a) The fee for granting, modifying, or renewing all other private easements, except for telecommunication lines and associated conduits that are subject to the provisions of paragraph 18-21.004(2)(l), F.A.C., shall be determined by an approved appraisal obtained by the applicant. The appraiser must be selected from the division’s approved list of appraisers and the appraisal must be reviewed and approved by the division. In addition to standard appraisal services requirements and procedures, the following factors shall be considered in determining the easement fee:

1. The extent to which the easement is exclusionary; i.e., the degree to which the proposed easement precludes, in whole or in part, traditional or future public uses of the easement area or other submerged land; and

2. The enhanced property value or profit gained by the applicant if the proposed easement is approved. Enhancement will not be considered in the appraisal services for easement renewals that do not modify the size or use of the expired easement.

(c)(b) No change.

(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,________.

 

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

(1) Applications to purchase state-owned submerged lands that have been filled and which are adjacent to lands riparian to uplands may be made by the riparian owners only. The Division shall board reserves the right to reject any and all such 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) through (j) No change.

(k) An appraisal of the current market value of the parcel sought made within 3 months after the date of application by an appraiser with designations acceptable to the department;

(k)(l) No change.

(2) No change.

(3) When state-owned submerged lands have been filled without authority after June 101, 1957 (state-owned submerged lands filled prior to before 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 Bboard will consider the following options and choose the one that is most in the public interest., by law, may:

(a) through (b) No change.

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

1. One and one-half times the present appraised value of the lands excluding building improvements if the unauthorized filling was done by the applicant’s predecessor in title between June 11, 1957, and July 14, 1967.

1.2. Two times the present appraised 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 July 104, 19567.

2.3. Three times the present appraised value of the lands determined by an approved appraisal excluding building improvements if the unauthorized filling was done by the applicant after June 101, 1957.

(4) No change.

Specific Authority 253.03, 253.12, 370.021 FS. Law Implemented 253.115, 253.12 FS. History–New 9-26-77, Formerly 16C-12.04, 16Q-17.04, Revised 3-27-82, Formerly 16Q-21.13, 16Q-21.013, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Vicki Thompson, above
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Board of Trusteees of the Internal Improvement Trust Fund of the State of Florida
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 12, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 5, 2007 and May 25, 2007