Florida Statute 253.002 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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F.S. 253.002

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.—

(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, upon the effective date of rules adopted pursuant to s. 373.427, a water management district created under s. 373.069 shall perform the staff duties and functions related to the review of any application for authorization to use board of trustees-owned submerged lands necessary for an activity regulated under part IV of chapter 373 for which the water management district has permitting responsibility as set forth in an operating agreement adopted pursuant to s. 373.046(4). The Department of Agriculture and Consumer Services shall perform the staff duties and functions related to the review of applications and compliance with conditions for use of board of trustees-owned submerged lands under authorizations or leases issued pursuant to ss. 253.67-253.75 and 597.010 and the acquisition, administration, and disposition of conservation easements pursuant to s. 570.71. Unless expressly prohibited by law, the board of trustees may delegate to the department any statutory duty or obligation relating to the acquisition, administration, or disposition of lands, title to which is or will be vested in the board of trustees. The board of trustees may also delegate to any water management district created under s. 373.069 the authority to take final agency action, without any action on behalf of the board, on applications for authorization to use board of trustees-owned submerged lands for any activity regulated under part IV of chapter 373 for which the water management district has permitting responsibility as set forth in an operating agreement adopted pursuant to s. 373.046(4). This water management district responsibility under this subsection shall be subject to the department’s general supervisory authority pursuant to s. 373.026(7). The board of trustees may also delegate to the Department of Agriculture and Consumer Services the authority to take final agency action on behalf of the board on applications to use board of trustees-owned submerged lands for any activity for which that department has responsibility pursuant to ss. 253.67-253.75, 369.25, 369.251, and 597.010. However, the board of trustees shall retain the authority to take final agency action on establishing any areas for leasing, new leases, expanding existing lease areas, or changing the type of lease activity in existing leases. Upon issuance of an aquaculture lease or other real property transaction relating to aquaculture, the Department of Agriculture and Consumer Services must send a copy of the document and the accompanying survey to the Department of Environmental Protection. The board of trustees may also delegate to the Fish and Wildlife Conservation Commission the authority to take final agency action, without any action on behalf of the board, on applications for authorization to use board of trustees-owned submerged lands for any activity regulated under ss. 369.20 and 369.22.

(2) Delegations to the department, or a water management district, or the Department of Agriculture and Consumer Services of authority to take final agency action on applications for authorization to use submerged lands owned by the board of trustees, without any action on behalf of the board of trustees, shall be by rule, provided that delegations related to port conceptual permits shall be in accordance with s. 373.4133. Until rules adopted pursuant to this subsection become effective, existing delegations by the board of trustees shall remain in full force and effect. However, the board of trustees is not limited or prohibited from amending these delegations. The board of trustees shall adopt by rule any delegations of its authority to take final agency action without action by the board of trustees on applications for authorization to use board of trustees-owned submerged lands. Any final agency action, without action by the board of trustees, taken by the department, or a water management district, or the Department of Agriculture and Consumer Services on applications to use board of trustees-owned submerged lands shall be subject to the provisions of s. 373.4275. Notwithstanding any other provision of this subsection, the board of trustees, the Department of Legal Affairs, and the department retain the concurrent authority to assert or defend title to submerged lands owned by the board of trustees.

History.—s. 4, ch. 79-255; s. 5, ch. 93-213; s. 488, ch. 94-356; s. 1, ch. 2000-364; s. 3, ch. 2005-157; s. 3, ch. 2008-150; s. 2, ch. 2009-86; s. 7, ch. 2010-201; s. 2, ch. 2012-190.

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Amendments to 253.002

Arrestable Offenses / Crimes under Fla. Stat. 253.002

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 253.002.

Annotations, Discussions, Cases:

Cases Citing Statute 253.002

Total Results: 20

Board of Trustees v. Walton County

Court: District Court of Appeal of Florida | Date Filed: 2013-09-23

Citation: 121 So. 3d 1166, 2013 WL 5302580, 2013 Fla. App. LEXIS 15067

Snippet: lands with the authority to sue and be sued. See § 253.02, Fla. Stat. Appellant Florida Department of Environmental

Board of Trustees v. American Educational Enterprises, LLC

Court: Supreme Court of Florida | Date Filed: 2012-09-27

Citation: 99 So. 3d 450, 37 Fla. L. Weekly Fed. S 589, 2012 WL 4449131, 2012 Fla. LEXIS 1859

Snippet: disposition and sale of state property. See § 253.002, Fla. Stat. (2011) (stating that the FDEP “shall

Sloban v. Florida Board of Pharmacy

Court: District Court of Appeal of Florida | Date Filed: 2008-04-03

Citation: 982 So. 2d 26, 2008 Fla. App. LEXIS 4782, 2008 WL 876358

Snippet: 101.253(2), Florida Statutes (2004), was unconstitutional. 916 So.2d at 771-73. Section 101.253(2) stated

Florida Dept. of State v. Martin

Court: Supreme Court of Florida | Date Filed: 2005-11-10

Citation: 916 So. 2d 763, 2005 WL 3005562

Snippet: First District Court of Appeal declared section 101.253(2), Florida Statutes (2004), unconstitutional. We

Goble v. Frohman

Court: Supreme Court of Florida | Date Filed: 2005-04-28

Citation: 901 So. 2d 830, 2005 WL 977016

Snippet: customary charge under the circumstances. Id. at 253.[2] Finally, this view has been adopted by the American

Department of State v. Martin

Court: District Court of Appeal of Florida | Date Filed: 2004-10-25

Citation: 885 So. 2d 453, 2004 WL 2375632

Snippet: citing section 101.253(2), Florida Statutes (2004), as its justification. Section 101.253(2) reads: No candidate's

York v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-02-09

Citation: 788 So. 2d 296, 2001 Fla. App. LEXIS 1174, 2001 WL 109184

Snippet: 75 months’ incarceration and a range of 152 to 253.2 months’ incarceration under the 1995 guidelines

Anderson Columbia v. Bd. of Trustees

Court: District Court of Appeal of Florida | Date Filed: 1999-12-22

Citation: 748 So. 2d 1061

Snippet: of the court on that basis. NOTES [1] Section 253.002, Florida Statutes (1997), provides that the Department

Curry v. State

Court: District Court of Appeal of Florida | Date Filed: 1995-05-26

Citation: 656 So. 2d 521, 1995 WL 316322

Snippet: Condition 19 to show that the amount of costs totaled $253.[2] The trial court also must modify the Judgment

Morgan v. State

Court: District Court of Appeal of Florida | Date Filed: 1993-02-03

Citation: 611 So. 2d 628, 1993 Fla. App. LEXIS 1421, 1993 WL 20432

Snippet: pay restitution to the victim in the amount of $4,253.02 and “future bills deemed necessary.” The state

State, Bd. of Trustees v. Lost Tree Vill.

Court: District Court of Appeal of Florida | Date Filed: 1992-06-11

Citation: 600 So. 2d 1240

Snippet: only those powers specified therein. See sections 253.02(1) and 120.54(15), Florida Statutes (1989); Grove

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Court: Florida Attorney General Reports | Date Filed: 1989-03-29

Snippet: A. Butterworth Attorney General (ls) 1 See, s. 253.02, F.S., setting forth the powers and duties of the

DeCarion v. Martinez

Court: District Court of Appeal of Florida | Date Filed: 1989-01-20

Citation: 537 So. 2d 1083, 1989 WL 3900

Snippet: Appellants have requested that we construe section 253.02(2), Florida Statutes (1987) which provides: The

Board of Trustees of the Internal Improvement Trust Fund v. Barnett

Court: District Court of Appeal of Florida | Date Filed: 1988-11-22

Citation: 533 So. 2d 1202, 13 Fla. L. Weekly 2590, 1988 Fla. App. LEXIS 5131, 1988 WL 123813

Snippet: the submerged lands held by Plaintiff. Section 253.002, Florida Statutes. “2. In accordance with Section

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Court: Florida Attorney General Reports | Date Filed: 1986-07-31

Snippet: (hereafter Board of Trustees). Section 253.02(1), F.S. See, s.253.002, F.S., authorizing the Division of

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Court: Florida Attorney General Reports | Date Filed: 1984-06-13

Snippet: by the Board of Trustees and its staff. See, s 253.002, F.S., which provides that the Division of State

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Court: Florida Attorney General Reports | Date Filed: 1983-04-06

Snippet: private party for commercial purposes. See, ss 253.002 and 20.25, F.S. The general rule applicable to

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Court: Florida Attorney General Reports | Date Filed: 1980-02-05

Snippet: Tallahassee QUESTIONS: 1. Do the provisions of s. 253.002, F. S., created by s. 4 of ch. 79-255, Laws of

Anderson v. State

Court: District Court of Appeal of Florida | Date Filed: 1968-11-19

Citation: 215 So. 2d 618

Snippet: Mfg. Co., 355 U.S. 233, 245-246, 78 S.Ct. 245, 253, 2 L.Ed.2d 234." Adhering to Wade rule, Gilbert v

Central Electric Supply, Inc. v. Amason

Court: District Court of Appeal of Florida | Date Filed: 1965-02-24

Citation: 172 So. 2d 508

Snippet: (W. T. Price Dredging Corp. v. Suarez) 147 Fla. 253, 2 So.2d (740) 741] In the more recent case of Reading