253.0346 Lease of sovereignty submerged lands for marinas, boatyards, mooring fields, and marine manufacturers and retailers.
390 words·~2 min read·
/fl/title-xviii/chapter-253/253-0346A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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 months and do not include automatic renewal rights or conditions.
(2)For marinas that are open to the public on a first-come, first-served basis and for which at least 90 percent of the slips are open for rent to the public, a discount of 30 percent on the annual lease fee shall apply if dockage rate sheet publications and dockage advertising clearly state that slips are open for rent to the public on a first-come, first-served basis.
(3)For a facility designated by the department as a Clean Marina, Clean Boatyard, Clean Marine Manufacturer, or Clean Marine Retailer under the Clean Marina Program:
(a)A discount of 10 percent on the annual lease fee shall apply if the facility:
1. Actively maintains designation under the program.
2. Complies with the terms of the lease.
3. Does not change use during the term of the lease.
(b)Extended-term lease surcharges shall be waived if the facility:
1. Actively maintains designation under the program.
2. Complies with the terms of the lease.
3. Does not change use during the term of the lease.
4. Is available to the public on a first-come, first-served basis.
(c)If the facility is in arrears on lease fees or fails to comply with paragraph (b), the facility is not eligible for the discount or waiver under this subsection until arrears have been paid and compliance with the program has been met.
(4)Notwithstanding any other law, all of the following conditions apply for approved and permitted moorings or mooring fields in Monroe County:
(a)The general tenancy on a mooring may exceed 12 months, if requested, but may not exceed 10 years.
(b)A sovereign submerged land or other proprietary lease may not prohibit a vessel from an approved and permitted mooring or mooring field or limit the tenancy of a vessel because an individual has established it as his or her domicile in accordance with s. 222.17 or because the vessel is an individual’s primary residence.
(5)This section applies to new leases or amendments to leases effective after July 1, 2013.