Chapter 253 — Chapter 253
99 sections in this chapter.
Fla. Stat. § 253.001 Board of Trustees of the Internal Improvement Trust Fund; duty to hold lands in trust
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The existence of the Board of Trustees of the Internal Improvement Trust Fund is reaffirmed. All lands held in the name of the board of trustees shall continue to be held in trust for the use and benefit of the people of the state pursuant to s. 7, Art. II, and s. 11, Art. X of t…
Fla. Stat. § 253.002 Department of Environmental Protection, water management districts, Fish and Wildlife Conservation Commission, and Department of Agriculture and Consumer Services; duties with respect to state lands
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(1) The Department of Environmental Protection shall perform all staff duties and functions related to the acquisition, administration, and disposition of state lands, title to which is or will be vested in the Board of Trustees of the Internal Improvement Trust Fund. However, up…
Fla. Stat. § 253.01 Internal Improvement Trust Fund established
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(1)(a) 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 p…
Fla. Stat. § 253.02 Board of trustees; powers and duties
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(1) For the purpose of assuring the proper application of the Internal Improvement Trust Fund and the Land Acquisition Trust Fund for the purposes of this chapter, the land provided for in ss. 253.01 and 253.03, and all the funds arising from the sale thereof, after paying the ne…
Fla. Stat. § 253.025 Acquisition of state lands
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(1)(a) The Board of Trustees of the Internal Improvement Trust Fund or its duly authorized agent may not commit the state, through any instrument of negotiated contract or agreement for purchase, to the purchase of lands with or without appurtenances unless this section has been …
Fla. Stat. § 253.0251 Alternatives to fee simple acquisition
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(1) The Legislature finds that:(a) With the increasing pressures on the natural areas of this state and on open space suitable for recreational use, the state must develop creative techniques to maximize the use of acquisition and management funds.(b) The state’s conservation and…
Fla. Stat. § 253.027 Emergency archaeological property acquisition
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(1) SHORT TITLE.—This section may be cited as the “Emergency Archaeological Property Acquisition Act of 1988.”(2) LEGISLATIVE INTENT.—It is the intent of the Legislature that a program be established to protect archaeological properties of major statewide significance from destru…
Fla. Stat. § 253.03 Board of trustees to administer state lands; lands enumerated
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(1) The Board of Trustees of the Internal Improvement Trust Fund of the state is vested and charged with the acquisition, administration, management, control, supervision, conservation, protection, and disposition of all lands owned by, or which may hereafter inure to, the state …
Fla. Stat. § 253.031 Land office; custody of documents concerning land; moneys; plats
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(1) The Board of Trustees of the Internal Improvement Trust Fund, hereinafter called the “board,” shall establish and maintain a public land office to be located at the seat of government of the state, in which office shall be deposited and preserved all records, surveys, plats, …
Fla. Stat. § 253.0325 Modernization of state lands records
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(1) The Department of Environmental Protection shall initiate an ongoing computerized information systems program to modernize its state lands records and documents that relate to all lands that have been acquired by all agencies under the Florida Preservation 2000 Act pursuant t…
Fla. Stat. § 253.033 Inter-American Center property; transfer to board; continued use for government purposes
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(1) All real and personal property presently owned by the Inter-American Center Authority, pursuant to former s. 554.072 or otherwise, and all existing liabilities of said authority are hereby transferred to the Board of Trustees of the Internal Improvement Trust Fund. However, t…
Fla. Stat. § 253.034 State-owned lands; uses
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(1) All lands acquired pursuant to chapter 259 shall be managed to serve the public interest by protecting and conserving land, air, water, and the state’s natural resources, which contribute to the public health, welfare, and economy of the state. These lands shall be managed to…
Fla. Stat. § 253.0341 Surplus of state-owned lands
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1(1) The board of trustees shall determine which lands, the title to which is vested in the board, may be surplused. For all conservation lands, the Acquisition and Restoration Council shall make a recommendation to the board of trustees, and the board of trustees shall determine…
Fla. Stat. § 253.0345 Special events; submerged land leases
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(1) The trustees may issue leases or letters of consent to riparian landowners, special event promoters, and boat show owners to allow the installation of temporary structures, including docks, moorings, pilings, and access walkways, on sovereign submerged lands solely for the pu…
Fla. Stat. § 253.0346 Lease of sovereignty submerged lands for marinas, boatyards, mooring fields, and marine retailers
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(1) For purposes of this section, the term “first-come, first-served basis” means the facility operates on state-owned submerged land for which:(a) There is not a club membership, stock ownership, equity interest, or other qualifying requirement.(b) Rental terms do not exceed 12 …
Fla. Stat. § 253.0347 Lease of sovereignty submerged lands for private residential docks and piers
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(1) The maximum initial term of a standard lease of sovereignty submerged lands for a private residential single-family dock or pier, private residential multifamily dock or pier, or private residential multislip dock is 10 years. A lease is renewable for successive terms of up t…
Fla. Stat. § 253.035 Coastal anchorage areas
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On or after January 1, 1993, if an anchorage area at a deepwater port has been formally designated by the United States Coast Guard, it shall be unlawful for commercial vessels waiting to enter the port to anchor outside the anchorage area.
Fla. Stat. § 253.036 Forest management
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All land management plans described in s. 253.034(5) which are prepared for parcels larger than 1,000 acres shall contain an analysis of the multiple-use potential of the parcel, which analysis shall include the potential of the parcel to generate revenues to enhance the manageme…
Fla. Stat. § 253.037 Use of state-owned land for correctional facilities
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(1) The Department of Environmental Protection shall review, identify, and secure state-owned lands which may be used for correctional facilities subject to determination by the Department of Corrections of where sites are needed and their appropriateness for use as prisons or ot…
Fla. Stat. § 253.04 Duty of board to protect, etc., state lands; state may join in any action brought
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(1) The Board of Trustees of the Internal Improvement Trust Fund may police; protect; conserve; improve; and prevent trespass, damage, or depredation upon the lands and the products thereof, on or under the same, owned by the state as set forth in s. 253.03. The board may bring i…
Fla. Stat. § 253.05 Prosecuting officers to assist in protecting state lands
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State attorneys, other prosecuting officers of the state or county, wildlife officers of the Fish and Wildlife Conservation Commission, conservation officers, together with the Secretary of Environmental Protection, and county sheriffs and their deputies shall see that the lands …
Fla. Stat. § 253.111 Riparian owners of land
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(1) If a riparian owner exists with respect to any land to be sold by the board of trustees, such riparian owner shall have a right to secure such land, provided that such riparian owner shall be required to pay for such land upon such prices, terms, and conditions as determined …
Fla. Stat. § 253.115 Public notice and hearings
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(1) After receiving an application in compliance with such forms as may be required by this chapter requesting the board to sell, exchange, lease, or grant an easement on, over, under, above, or across any land to which it holds title, the board must provide notice of the applica…
Fla. Stat. § 253.12 Title to tidal lands vested in state
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(1) Except submerged lands heretofore conveyed by deed or statute, the title to all sovereignty tidal and submerged bottom lands, including all islands, sandbars, shallow banks, and small islands made by the process of dredging any channel by the United States Government and simi…
Fla. Stat. § 253.121 Conveyances of such lands heretofore made, ratified, confirmed, and validated
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All conveyances of sovereignty lands heretofore made by the Board of Trustees of the Internal Improvement Trust Fund subsequent to the enactment of chapters 6451 (June 5, 1913), 6960 (June 2, 1915), and 7304 (May 21, 1917), Acts of 1913, 1915, and 1917, respectively, where advert…
Fla. Stat. § 253.1221 Bulkhead lines; reestablishment
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All bulkhead lines heretofore established pursuant to former s. 253.122 are hereby established at the line of mean high water or ordinary high water. There shall be no filling waterward of the line of mean high water or ordinary high water except upon compliance with this chapter…
Fla. Stat. § 253.1241 Studies
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The Department of Environmental Protection shall have a period of 90 days, after application therefor, in which to make the studies and surveys required by s. 253.12. The Board of Trustees of the Internal Improvement Trust Fund and others required by those sections to obtain such…
Fla. Stat. § 253.1252 Citation of rule
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In addition to any other provisions within this chapter or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this chapter or such rules promulgated hereunder, cite a specific rule. If a request for infor…
Fla. Stat. § 253.126 Legislative intent
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The limitations and restrictions imposed by this chapter as amended by chapter 67-393, Laws of Florida, upon the construction of islands or the extension or addition to existing lands or islands bordering on or being in the navigable waters, as defined in s. 253.12, shall apply t…
Fla. Stat. § 253.127 Enforcement
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The Board of Trustees of the Internal Improvement Trust Fund, the board of county commissioners or governing body of any municipality, or any aggrieved person, shall have the power to enforce the provisions of this law by appropriate suit in equity.
Fla. Stat. § 253.128 Enforcement; board or agency under special law
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In any county where the Legislature by special law or general law with local application has heretofore or hereafter transferred or delegated to any county board or agency other than the board of county commissioners or the governing body of any municipality powers and duties ove…
Fla. Stat. § 253.1281 Review by board
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(1) All special acts granting exceptions to the provisions of this chapter relating to issuance of dredge or fill permits shall provide that all action on applications for such permits shall be subject to approval of the Board of Trustees of the Internal Improvement Trust Fund, w…
Fla. Stat. § 253.129 Confirmation of title in upland owners
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The title to all lands heretofore filled or developed is herewith confirmed in the upland owners and the trustees shall on request issue a disclaimer to each such owner.
Fla. Stat. § 253.135 Construction of ss. 253.12, 253.126, 253.127, 253.128, and 253.129
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(1) This law shall not be construed to be in conflict with any general or special law whereby the state has divested itself of title to submerged land or has granted such title to another.(2) The provisions of ss. 253.12, 253.126, 253.127, 253.128, and 253.129 shall not affect or…
Fla. Stat. § 253.14 Rights of riparian owners; board of trustees to defend suit
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(1) It is expressly provided that nothing contained in this chapter shall be so construed as to deprive any private riparian owner from bringing an injunction suit in equity against the sale provided for in s. 253.12 on the ground that the owner would be thereby deprived of his o…
Fla. Stat. § 253.141 Riparian rights defined; certain submerged bottoms subject to private ownership
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(1) Riparian rights are those incident to land bordering upon navigable waters. They are rights of ingress, egress, boating, bathing, and fishing and such others as may be or have been defined by law. Such rights are not of a proprietary nature. They are rights inuring to the own…
Fla. Stat. § 253.21 Board of trustees may surrender certain lands to the United States and receive indemnity
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Whenever it may appear that any of the swamplands, granted by the United States to this state by Act of Congress approved September 28, 1850, entitled “An Act to enable the State of Arkansas and other states to reclaim the swamplands within their limits,” have been sold or locate…
Fla. Stat. § 253.29 Board of trustees to refund money paid where title to land fails
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Any person having heretofore, or who may hereafter purchase in good faith and for value, any lands in the state from the Board of Trustees of the Internal Improvement Trust Fund of the state, and which title has failed by reason of the fact that the Board of Trustees of the Inter…
Fla. Stat. § 253.34 Transfer of notes owned by board
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The Board of Trustees of the Internal Improvement Trust Fund may endorse and transfer to any person, with or without recourse, any bills, notes or other obligations which the said board may now own, or may hereafter acquire.
Fla. Stat. § 253.36 Title to reclaimed marshlands, wetlands, or lowlands in board of trustees
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The title to all marsh, wet or lowlands as have become permanently reclaimed, title to which is in the state, is vested in the Board of Trustees of the Internal Improvement Trust Fund to be held by the state and disposed of, as provided in this chapter.
Fla. Stat. § 253.37 Survey to be made; sale of lands; preference to buyers
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When it shall be brought to the attention of the Board of Trustees of the Internal Improvement Trust Fund that such lands exist as are defined in s. 253.36, the board may cause a survey of the same to be made, which survey shall be connected with the surveys of the United States …
Fla. Stat. § 253.38 Riparian rights not affected
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Nothing in ss. 253.36 and 253.37 shall be construed as in anywise affecting the riparian rights now or heretofore existing under the laws of this state; but it is expressly provided that the provisions of said sections shall apply only to such lands as the Department of the Inter…
Fla. Stat. § 253.381 Unsurveyed marshlands; sale to upland owners
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The Board of Trustees of the Internal Improvement Trust Fund of the state is hereby authorized to make sales of unsurveyed marshlands to record owners of uplands which have been surveyed by the United States, and to make equitable divisions of unsurveyed marsh areas and allocatio…
Fla. Stat. § 253.382 Oyster beds, minerals, and oils reserved to state
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The state saves, reserves and excepts all natural oyster beds upon and all minerals and oils in or under the submerged lands until the same shall be filled in and improved by the riparian owner.
Fla. Stat. § 253.39 Surveys approved by chief cadastral surveyor validated
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All surveys of lands into townships, sections or other regular land divisions, heretofore or hereafter made in this state, and which have or may hereafter be approved by the chief cadastral surveyor for the Board of Trustees of the Internal Improvement Trust Fund, together with t…
Fla. Stat. § 253.40 To what lands applicable
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The provisions for land surveys in ss. 253.39 and 253.41 shall only apply to such lands as have not heretofore been surveyed by the Federal Government; and all acts of the Board of Trustees of the Internal Improvement Trust Fund, together with any and all contracts, resolutions a…
Fla. Stat. § 253.41 Plats and field notes filed in office of Board of Trustees of Internal Improvement Trust Fund
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When such surveys, as provided for in ss. 253.39 and 253.40, shall have been made and approved by the chief cadastral surveyor, the plats and field notes thereof shall be filed in the office of the Board of Trustees of the Internal Improvement Trust Fund of this state, which shal…
Fla. Stat. § 253.42 Board of trustees may exchange lands
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This section applies to all lands owned by, vested in, or titled in the name of the board of trustees whether the lands were acquired by the state as a purchase, or through gift, donation, or any other conveyance for which no consideration was paid.(1) The board of trustees may e…
Fla. Stat. § 253.43 Convey by deed
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The Board of Trustees of the Internal Improvement Trust Fund may execute and deliver a deed of conveyance, in its discretion necessary or proper, for the purpose of carrying into effect any such exchange or any contract or agreement therefor, made by said board under or pursuant …
Fla. Stat. § 253.431 Agents may act on behalf of board of trustees
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The Board of Trustees of the Internal Improvement Trust Fund may, by resolution duly recorded in the records of said board, authorize or employ agents or employees to act in its behalf in the execution and delivery of deeds of conveyance, for the purpose of carrying into effect a…