HomeMy WebLinkAboutSubmerged Lands-Power Point PresentationSubmerged Lands
Lands under navigable waters, within the boundaries
of the state, which have not been alienated, including
beaches below mean high water lines.
Article X , s. 11, Florida Constitution.
Florida Administrative Code 18-21
The Trustees of the Internal Improvement Trust Fund
(TIITF) holds title to sovereign submerged lands and
uplands.
Florida granted title to sovereign lands at the time of
admission to the Union on March 3, 1845, subject to the
Public Trust Doctrine, which protects certain traditional
uses (boating, fishing, swimming).
Through separate deeds, the state deeded submerged
lands to the City beginning in 1919. Deeds have been
modified over time.
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Legend
Road Names
I Chapter 17594
Deed No_18730-A
Deed Flo. 18030
Deed No. 18450
II Deed No. 19447
Deed No. 1844$
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BrickelPIace Leas1976and19801
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Riparian Rights
In Florida, riparian landowners have the qualified
common law right to access submerged lands and to
"wharf out" through submerged lands to gain access to
adjoining navigable waters.
In order for the City to allow upland owners/holders of
property interests to use adjacent waters without a lease
procurement process, Charter Section 29-B would have to
be amended to facilitate access.
A Charter amendment would allow the City to enter into
agreements for submerged lands with entities that have a
possessory interest in the riparian upland for fair market
value.
Policy Examples
Florida Administrative Code 18-21
FAC 18-21 Delegates authority from the TIITF to the
Florida Department of Environmental Protection for lease
of submerged lands.
Administrative code establishes lease application
process for water dependent activities.
Establishes fees and appraisal process
Establishes lease terms, modifications and renewal
conditions
Establishes discounts and surcharges for various
conditions.
Administrative Procedure Examples
O New Smyrna Beach:
(1) Lessee has to be the adjacent upland owner/lease
holder: and
(2) Lessee pays same lease rate (which adjusts) as
FDEP charges for commercial use of submerged
land.
City of St. Augustine:
(1) Lessee has to be the adjacent upland owner/lease
holder: and
(2) Lessee pays rates set by City Commission.
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