By September 30 of each year, the Department of Revenue shall furnish to the board, in electronic form, the approved preliminary tax roll data for public lands to be used in compiling the inventory. Internal Improvement Trust Fund established. Robert A. Butterworth The Division of State Lands includes several programs. (1988 Supp.). Cabinet agenda, 1973-1985. For the purposes of this subsection, the term submerged lands means publicly owned lands below the ordinary high-water mark of fresh waters and below the mean high-water line of salt waters extending seaward to the outer jurisdiction of the state.

All bids shall be submitted to the Board of Trustees of the Internal Improvement Trust Fund. Thus, s. 253.03(1), F.S., specifically excludes from its operation, among others not pertinent to this inquiry, lands held by a state agency which are encumbered by and subject to liens, trust agreements or any form of contract which encumbers the subject property for repayment of funded debt. .kDDQ!0;fb.H S.g&30M`8mZx,g- |Fn 2C] 67-2236, Laws of Florida, now s. 253.03(6), F.S., and remained relatively unchanged. 8:(;2::%:B.

Compliance with this subsection shall vest, without any obligation, full title to the materials in the owner of the land where deposited. 89-175; s. 3, ch. [1] The trustees have been asked to provide quitclaim deeds and disclaimers for two separate parcels of real property. 67-2236, Laws of Florida. [7] See Pioneer Oil Co., Inc. v. State, Department of Revenue, 381 So.2d 263 (1 D.C.A. Active federal navigation projects are those congressionally approved projects which are being performed by the United States Army Corps of Engineers or maintained by the local sponsors. "(1) The trustees of the internal improvement trust fund of the state are vested and charged with the acquisition, administration, management, control, supervision, conservation, protection, and disposition of all land and products on, under, or growing out of, or connected with, lands owned by, or which may hereafter inure to, the state, or any of its agencies, departments, boards or commissions excluding lands held for road and canal rights-of-way or borrow pits, and any land, title to which is vested or may become vested in any part authority, flood control or water management district created by any general or special act. Dept. 40, 53, ch. Annual Land Management Review Team Report, Department of Environmental Protection. Lands vested in the Board of Trustees of the Internal Improvement Trust Fund shall be deemed to be: All swamp and overflowed lands held by the state or which may hereafter inure to the state; All lands owned by the state by right of its sovereignty; All lands covered by shallow waters of the ocean or gulf, or bays or lagoons thereof, and all lands owned by the state covered by fresh water; All parks, reservations, or lands or bottoms set aside in the name of the state, excluding lands held for transportation facilities and transportation corridors and canal rights-of-way; All lands which have accrued, or which may hereafter accrue, to the state from any source whatsoever, excluding lands held for transportation facilities and transportation corridors and canal rights-of-way, spoil areas, or borrow pits or any land, the title to which is vested or may become vested in any port authority, flood control district, water management district, or navigation district or agency created by any general or special act. The Board of Trustees of the Internal Improvement Trust Fund has authority to adopt rules pursuant to ss.

National Archives and Records Administration. Your inquiry is on behalf of the Board of Trustees of the Internal Improvement Trust Fund (trustees). The Board currently holds title to state lands held in trust for the use and benefit of the people of Florida (Article X, Section 11, 1968 Constitution) and maintains the State Land Office (Ch. And see s. 253.002, F.S., requiring the Division of State Lands of the Department of National Resources to perform all staff duties and functions related to acquisition, administration, and disposition of state lands, title to which is or will be vested in the trustees. The Andrew W. Mellon Foundation The Board of Trustees of the Internal Improvement Trust Fund shall prepare, using tax roll data provided by the Department of Revenue, or the county property appraisers, an annual inventory of all publicly owned lands within the state. ------------------------------------------------------ The Board of Trustees of the Internal Improvement Trust Fund is hereby authorized and directed to administer all state-owned lands and shall be responsible for the creation of an overall and comprehensive plan of development concerning the acquisition, management, and disposition of state-owned lands so as to ensure maximum benefit and use. 2, 3, ch. All moneys obtained from such purchases of materials shall be remitted forthwith to the Board of Trustees of the Internal Improvement Trust Fund. [6] Moreover, there is a presumption that statutes which are enacted later in time are passed with knowledge of existing laws and that the Legislature does not intend to enact contradictory legislation, nor repeal a statute without expressing the intent to do so. Sincerely, 90-179; s. 1, ch. 2006-1; s. 5, ch. [7]

82-144; s. 2, ch. . 93 0 obj <>/Filter/FlateDecode/ID[<1406946992A6238065DB09DE60321426>]/Index[86 15]/Info 85 0 R/Length 57/Prev 158605/Root 87 0 R/Size 101/Type/XRef/W[1 2 1]>>stream 97-164; s. 44, ch. Such notice shall state the terms, location, and conditions for receipt of bids and shall state that the public body shall accept the highest responsible bid. The division also assists landowners who want to sell land to the state, buy land from the state, or gain access to public lands. Annual Land Management Review Team Report, Department of Agriculture and Consumer Services, Florida Forest Service, Department of Environmental Protection, Florida Communities Trust, Department of Environmental Protection, Division of Recreation and Parks, Department of Environmental Protection, Office of Greenways and Trails, Florida Fish and Wildlife Conservation Commission. Section 263.03(2), F.S., was renumbered by Ch. 1446(13); s. 2, ch. 610, 1854; RS 428; GS 616; RGS 1054; CGL 1384; s. 2, ch. [2] Cabinet meeting official records, 1966-[ongoing]. Any structure built in any water conservation area after May 1, 1999, without necessary permits and leases from the South Florida Water Management District, the Department of Environmental Protection, or other local government, as appropriate, shall be considered illegal and subject to removal. 67-2236, Laws of Florida, in pertinent part, to read: 2015-3.

Institute of Museum and Library Services At the expiration of this 20-year lease or permit, the South Florida Water Management District or the Department of Environmental Protection, as appropriate, shall have the right to require that the leaseholder remove the structures if the district determines that the structures or their use are causing harm to the water or land resources of the district, or to renew the lease agreement. "[4] Furthermore, it is the duty of courts to give fgull effect to all statutory provisions and construe related statutory provisions in harmony with one another. Trustees of Internal Improvement Fund. A complete list of related OPPAGA reports is available on our. [3] This website allows you to dynamically query the BTLDS database three ways: Florida Department of Environmental Protection. 94-356; s. 2, ch. Florida. If the structures are located on privately owned lands, the landowners must provide the same notification required for a 20-year permit. 67-2236; ss. 2005-157; s. 27, ch. So much of the 500,000 acres of land granted to this state for internal improvement purposes by an Act of Congress passed March 3, A. D. 1845, as remains unsold, and the proceeds of the sales of such lands heretofore sold as now remain on hand and unappropriated, and all proceeds that may hereafter accrue from the sales of such lands; and all the swampland or lands subject to overflow granted this state by an Act of Congress approved September 28, A. D. 1850, together with all the proceeds that have accrued or may hereafter accrue to the state from the sale of such lands, are set apart, and declared a separate and distinct fund called the Internal Improvement Trust Fund of the state, and are to be strictly applied according to the provisions of this chapter.

99-247; s. 4, ch. . [3] See s. 253.03(1) and (6), F.S. 91-80; s. 1, ch. 332, Laws). Florida. 91-175; s. 2, ch. 2003-2; s. 26, ch. 67-269, Laws of Florida, in pertinent part, to read: Provide your email address below to receive the Attorney General's Week In Review featuring the latest news and updates on top issues. Then in 1969, the name was changed to Board of Trustees of the Internal Improvement Trust Fund (Ch. 79-255; s. 15, ch. Accordingly, the general provision in s. 253.03(6), F.S., vesting in the trustees title to most lands held by the state or any of its boards, commissions, departments, or agencies, by requiring those entities to transfer title to such lands to the trustees, does not override the specific exclusion of lands encumbered by and subject to a trust agreement pursuant to s. 253.03(1), F.S. In Conner, State of Florida Department of Agriculture and Consumer Services v. Board of Trustees of the Internal Improvement Trust Fund,[9] the court found that property either purchased or improved with trust fund monies is impressed with a trust agreement and would, therefore, fall within the exceptions provided for in s. 253.01, F.S. Each parcel was acquired by separate state agencies through the use of federal or state special purpose trust funds. Florida. 61-119; s. 1, ch. 84-330; s. 23, ch. . 89-175; s. 131, ch. 67, 490, ch. [4] See State v. Gale Distributors, Inc., 349 So.2d 150, 153 (Fla. 1977). 2007-73; s. 6, ch. If, in preparing the assessment rolls, the property appraisers within the state become aware of the existence of a recorded deed not executed by the state and purporting to convey real property listed on the assessment rolls as state-owned, the property appraiser shall immediately forward a copy of the recorded deed to the state agency in whose name the property is listed. 2021 Florida Forever Five-Year Plan, Department of Environmental Protection. 88-264; s. 1, ch. Any structure built in any water conservation area on or after July 1, 2000, is also illegal and subject to immediate removal. 97-22; s. 36, ch.

91-286; s. 1, ch. 87-307; s. 8, ch. After satisfaction of any valid claims arising under s. The remainder shall be distributed as set forth in s. For applications not reviewed pursuant to s. Where necessary to establish a price for the sale or other disposition of state lands, including leases or easements, the Division of State Lands may utilize appropriate appraiser selection and contracting procedures established under s. The board of trustees shall encourage the use of sovereign submerged lands for public access and water-dependent uses which may include related minimal secondary nonwater-dependent uses. 75-76; s. 1, ch. * * * of Natural Resources. 91-187; s. 2, ch. 94-356; s. 57, ch. The board of trustees may give priority to requests for spoil site material, which would result in the environmental restoration or enhancement of the new placement site. 89-174; s. 16, ch. Except for beach nourishment seaward of existing lines of vegetation on privately owned or publicly owned uplands fronting on the waters of the Atlantic Ocean or Gulf of Mexico and authorized pursuant to the provisions of part I of chapter 161, no materials dredged from state sovereignty tidal or submerged bottom lands by a public body shall be deposited on private lands until: The United States Army Corps of Engineers or the local sponsor has first certified that no public lands are available within a reasonable distance of the dredging site; and. The purchase price submitted by the highest responsible bidder shall be remitted to the Board of Trustees of the Internal Improvement Trust Fund. National Archives and Records Administration. endstream endobj startxref

Failure to comply with the conditions contained in any permit or lease agreement as described in paragraph (d) makes the structure illegal and subject to removal. 72-1832, Second Circuit, Leon County, Florida, April 5, 1974. Contact Us. 79-255, Laws). Marjory Stoneman Douglas Building By continuing to use our site, you accept our use of cookies, Bibliographic and Digital Archival Resources. 67-269, was amended by Ch. Florida Toll Free Numbers: Board of Trustees of the Internal Improvement Trust Fund. The commission indicates that the property was acquired originally by the Board of Commissioners of State Institutions. Are lands which are or were acquired by state agencies through the use of federal or state special purpose trust funds excluded from those state lands title to which is vested in the Board of Trustees of the Internal Improvement Trust Fund pursuant to s. 253.03, F.S.? Nothing in this subsection shall affect any preexisting contract or permit to engage in dredging of materials from state sovereignty tidal and submerged bottom lands, nor shall it be construed to void any preexisting agreement or lien against the lands upon which dredged materials have been placed or to have any retroactive effect. 2010-4; s. 20, ch. Resolution of this matter requires a determination of whether the subject properties are state lands which were transferred to the trustees pursuant to s. 253.03, F.S., as amended by s. 2, Ch. The Game and Fresh Water Fish Commission has requested a quitclaim deed for the Bryant Building, the commission's Tallahassee office.

(2) Commencing with the effective date of this act all land held in the name of the state or any of its boards, departments, agencies or commissions shall be deemed to be vested in the trustees of the internal improvement fund for the use and benefit of the state of Florida.

Notwithstanding the provisions of paragraphs (a)-(c), the Board of Trustees of the Internal Improvement Trust Fund shall allow private or public entities to remove, at no charge and with no public notice requirements, spoil site material dredged from state sovereignty tidal lands or submerged bottom lands and to place the material upon public or private lands when: Such removal and placement is done pursuant to a spoil site rejuvenation plan the board of trustees approves; and. It is the specific intent of the Legislature that this act repeal any provision of state law which may require the Board of Trustees of the Internal Improvement Trust Fund to pay taxes or assessments of any kind to any state or local public agency on lands which are transferred or conveyed to the Board of Trustees of the Internal Improvement Trust Fund under the terms of this act and which at the time of the passage of this act are entitled to tax-exempt status under the constitution or laws of the state. The Division of State Lands acquires and manages lands as directed by the Board of Trustees of the Internal Improvement Trust Fund. The Board of Trustees of the Internal Improvement Trust Fund is hereby authorized to administer, manage, control, conserve, protect, and sell all real property forfeited to the state pursuant to ss. This interpretation is consistent with a judicial decision in which the court considered whether property which is encumbered by or held subject to trust agreements is excluded from the provisions of s. 253.03, F.S., was considered. 2000-364; ss. [5] Sections 253.03(1) and (6), F.S., therefore, must be read such that each is harmonized with the other and given effect. 96-410; s. 1, ch. It is the intent of the Legislature that, when title to any lands is in the state, with no specific agency authorized by the Legislature to convey or otherwise dispose of such lands, the Board of Trustees of the Internal Improvement Trust Fund be vested with such title and hereafter be authorized to exercise over such lands such authority as may be provided by law. 2016-233. The Florida State Owned Lands and Records Information System (, owned, leased, rented, or otherwise occupied by any state, and programs, including the Florida Fish and Wildlife Conservation Commission, the Department of Agriculture and Consumer Services, and Florida's five. With respect to administering, controlling, and managing sovereignty submerged lands, the Board of Trustees of the Internal Improvement Trust Fund also may adopt rules governing all uses of sovereignty submerged lands by vessels, floating homes, or any other watercraft, which shall be limited to regulations for anchoring, mooring, or otherwise attaching to the bottom; the establishment of anchorages; and the discharge of sewage, pumpout requirements, and facilities associated with anchorages. hSko0+;RmCWh@{G 1Y{|86>L|-a{5 U$I(p"WxEB*,VT6X$j9bl@pl'_x:kGJ. State of Florida Land Management Uniform Accounting Council (LMUAC) 2020 Annual Report (FY 2019-20), Department of Environmental Protection. The board of trustees shall adopt by rule an annual administrative fee for all existing and future leases or similar instruments to be charged to agencies that are leasing land from the board of trustees. In sum, I am of the following opinion: RAB/tls endstream endobj 87 0 obj <> endobj 88 0 obj <> endobj 89 0 obj <>stream The regulations must not interfere with commerce or the transitory operation of vessels through navigable water, but shall control the use of sovereignty submerged lands as a place of business or residence. s. 1, ch. 2009-20; s. 20, ch. 2015-229; s. 6, ch. This notification will grant the leaseholders an automatic 20-year lease at a reasonable fee established by the district, or the Department of Environmental Protection, as appropriate, to expire on January 1, 2020. It is my opinion, based upon the foregoing, that title to properties which are or were acquired subject to a trust agreement does not vest in the trustees pursuant to s. 253.03, F.S., but are excluded as provided therein. Read Attorney General Moody's Week In Review. All revenues received from application fees charged by the Division of State Lands for the use in any manner, lease, conveyance, or release of any interest in or for the sale of state lands, except revenues from such fees charged by the Department of Agriculture and Consumer Services for aquaculture leases under ss. By January 31 of the following year, each such entity shall review its list and inform the appropriate property appraiser and the board of any corrections to the list. The board of trustees is directed and authorized to enter into leases or similar instruments for the use, benefit, and possession of public lands by agencies which may properly use and possess them for the benefit of the state. 84-249; s. 58, ch. 2009-21; ss. Section 253.03(6), F.S., however, proclaims all lands held in the name of the state or any boards, departments, agencies or commissions to be vested in the trustees and directs title to such lands be conveyed to the trustees by October 1, 1967. Any materials which have been dredged from state sovereignty tidal or submerged bottom lands by the public body and deposited on public lands may be removed by the public body to private lands or interests only after due advertisement for bids, which means a notice published at least three times within a 60-day period in a newspaper published and having general circulation in the appropriate county. %PDF-1.6 % Tallahassee, Florida 32399 89-102; s. 7, ch. 92-109; s. 41, ch. Title to lands which are or were acquired and encumbered by liens, trust agreements or any form of contract which encumbers property for repayment of funded debt is not vested in the Board of Trustees of the Internal Improvement Trust Fund pursuant to s. 253.03, F.S., as such lands are expressly excluded therein. 98-200; s. 9, ch.

hb```f``g`b``9 ,` @CQ Sections216.0153,253, 258.43, 259, 373.59, and 375.031, Florida Statutes. 97-160; s. 2, ch. Arrest of Man Stealing Seniors via Fraudule More Than $34 Million Secured From Deceptiv Demand to Classify Illicit Fentanyl a WMD. 2001-254; s. 4, ch. 15642, 1931; CGL 1936 Supp. The bond issue was repaid to FDC by the commission, using state and federal trust funds administered by it. [1] See s. 253.02, F.S., setting forth the powers and duties of the Board of Trustees of the Internal Improvement Trust Fund. 100 0 obj <>stream The Board of Trustees of the Internal Improvement Trust Fund shall establish regular procedures to assure that state and local agencies are made aware of the availability of federal lands and buildings. . National Endowment for the Humanities, University of Virginia Library When public lands on which are deposited materials dredged from state sovereignty tidal or submerged bottom lands by the public body are sold or leased for a period in excess of 20 years, which term includes any options to a private party, 50 percent of any remuneration received shall forthwith be remitted to the Board of Trustees of the Internal Improvement Trust Fund and the balance shall be retained by the public body owning the land. We use cookies to understand how you use our site and to improve your experience. 69-106; s. 8, ch. Any board, commission, department or agency holding title to any state lands used for public purpose shall within thirty days of the effective date of this act execute all instruments necessary to transfer such title to the said trustees of the internal improvement fund for the use and benefit of the state of Florida, except lands which reverted to the state under the provisions of chapter 18296, Laws of Florida, 1937, commonly known and referred to as the 'Murphy Act.'" WorldCat record id: 32413650, Permalink: http://n2t.net/ark:/99166/w6wx2fc8, Florida. Fla., 1980) (whether construing rules or statutes, the specific controls over the general). If a listed structure falls into disrepair and the lessee is not willing to repair and maintain it consistent with its listing, the state may cancel the submerged lease and repair and maintain the property or require that the structure be removed from sovereignty submerged lands. 69-106, Laws). 27, 35, ch. 610, Laws). (e.s.) It is the intent of the Legislature that the board of trustees continue to receive proceeds from the sale or disposition of the products of lands and the sale of lands of which the use and possession are not subsequently transferred by appropriate lease or similar instrument from the board of trustees to the proper using agency.

88-168; s. 3, ch. All revenues received from the application fees charged by a water management district to process applications that include a request to use state lands are to be retained by the water management district. 71-286; s. 1, ch. Dear Mr. Gardner: 93-164; s. 489, ch. The Board of Trustees of the Internal Improvement Trust Fund and the state through any of its agencies are hereby prohibited from levying any charge, by whatever name known, or attaching any lien, on any and all materials dredged from state sovereignty tidal lands or submerged bottom lands or on the lands constituting the spoil areas on which such dredged materials are placed, except as otherwise provided for in this subsection, when such materials are dredged by or on behalf of the United States or the local sponsors of active federal navigation projects in the pursuance of the improvement, construction, maintenance, and operation of such projects or by a public body authorized to operate a public port facility (all such parties referred to herein shall hereafter be called public body) in pursuance of the improvement, construction, maintenance, and operation of such facility, including any public transfer and terminal facilities, which actions are hereby declared to be for a public purpose. 2013-41; s. 7, ch. The provisions of this paragraph shall not apply to those lands acquired pursuant to s. All revenues accruing from sources designated by law for deposit in the Internal Improvement Trust Fund shall be used for the acquisition, management, administration, protection, and conservation of state-owned lands. 0 2021 Florida Forever Priority List, Department of Environmental Protection. Florida. which are subject to reversion if conveyed by the original grantee, or if the conveyance to the trustees of the internal improvement fund under this act would work a reversion from any other cause, or where any conveyance of lands held by a state agency which are encumbered by or subject to liens, trust agreements or any form of contract which encumbers state lands for the repayment of funded debt." RE: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUNDtitle to properties which are or were acquired subject to a trust agreement does not vest in the trustees pursuant to s. 253.03, F.S., but are excluded as provided therein. any lands . In 1963, the Board also took control of the State Land Office from the Commissioner of Agriculture (Ch. During the 1967 legislative session, s. 253.03, F.S., was amended by s. 2, Ch. SNAC is a discovery service for persons, families, and organizations found within archival collections at cultural heritage institutions. 3900 Commonwealth Boulevard of Natural Resources in 1975 (Ch. Such inventory shall include all lands owned by any unit of state government or local government; by the Federal Government, to the greatest extent possible; and by any other public entity. Board of Trustees of the Internal Improvement Trust Fund.

Executive Director of State.

The district or Department of Environmental Protection, as appropriate, may impose reasonable conditions consistent with existing laws and rules. 2004-234; s. 4, ch. Notwithstanding any provisions of law to the contrary, if title to any state-owned lands is vested in the Board of Trustees of the Internal Improvement Trust Fund and the lands are located within the Everglades Agricultural Area, then all proceeds from the sale of any such lands shall be deposited into the Internal Improvement Trust Fund. hbbd``b`z $C`>$8_ }J@ #S,#V?co ;H 85-306; s. 2, ch. During an extraordinary session in 1967, s. 253.03, F.S., as amended by Ch. 83-223; s. 10, ch. [8] Section 253.03(1), F.S., should be read to exclude the enumerated properties which would otherwise be vested in the trustees. . Department of Natural Resources Such using agency shall be entitled to the proceeds from the sale of products on, under, growing out of, or connected with lands which such using agency holds under lease or similar instrument from the board of trustees. 80-356; s. 3, ch. [6] Cf.

78-251; s. 10, ch. The Board of Trustees of the Internal Improvement Trust Fund, and the state through its agencies, may not control, regulate, permit, or charge for any severed materials which are removed from the area adjacent to an intake or discharge structure pursuant to an exemption authorized in s. s. 1, ch. Funds are used to purchase public lands in the form of parks, trails, forests, wildlife management areas, and more, which are held in trust for the residents of Florida. 84-79; s. 4, ch. By January 1, 2001, the owners of habitable structures built on or before May 1, 1999, located in conservation areas 2 or 3, on district or state-owned lands, the existence or use which will not impede the restoration of the Everglades, whether pursuant to a submerged lease or not, must provide written notification to the South Florida Water Management District of their existence and location, including an identification of the footprint of the structures.