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Florida Statute 253.02 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY
Chapter 253
STATE LANDS
View Entire Chapter
F.S. 253.02
253.02 Board of trustees; powers and duties.
(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 necessary expense of selection, management, and sale, are irrevocably vested in a board of four trustees, to wit: The Governor, the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture and their successors in office, to hold the same in trust for the uses and purposes provided in this chapter, with the power to sell and transfer said lands to the purchasers and receive the power to sell and transfer said lands to the purchasers and receive payment for the same, and invest the surplus moneys arising therefrom, from time to time, in stocks of the United States, stocks of the several states, or the internal improvement bonds issued under the provisions of law; also, the surplus interest accruing from such investments. Said board of trustees has all the rights, powers, property, claims, remedies, actions, suits, and things whatsoever belonging to them, or appertaining before and at the time of the enactment hereof, and they shall remain subject to and pay, fulfill, perform, and discharge all debts, duties, and obligations of their trust, existing at the time of the enactment hereof or provided in this chapter.
(2)(a) The board of trustees shall not sell, transfer, or otherwise dispose of any lands the title to which is vested in the board of trustees except by vote of at least three of the four trustees.
(b) The authority of the board of trustees to grant easements for rights-of-way over, across, and upon uplands the title to which is vested in the board of trustees for the construction and operation of electric transmission and distribution facilities and related appurtenances is hereby confirmed. The board of trustees may delegate to the Secretary of Environmental Protection the authority to grant such easements on its behalf. All easements for rights-of-way over, across, and upon uplands the title to which is vested in the board of trustees for the construction and operation of electric transmission and distribution facilities and related appurtenances which are approved by the Secretary of Environmental Protection pursuant to the authority delegated by the board of trustees shall meet the following criteria:
1. Such easements shall not prevent the use of the state-owned uplands adjacent to the easement area for the purposes for which such lands were acquired and shall not unreasonably diminish the ecological, conservation, or recreational values of the state-owned uplands adjacent to the easement area.
2. There is no practical and prudent alternative to locating the linear facility and related appurtenances on state-owned upland. For purposes of this subparagraph, the test of practicality and prudence shall compare the social, economic, and environmental effects of the alternatives.
3. Appropriate steps are taken to minimize the impacts to state-owned uplands. Such steps may include:
a. Siting of facilities so as to reduce impacts and minimize fragmentation of the overall state-owned parcel;
b. Avoiding significant wildlife habitat, wetlands, or other valuable natural resources to the maximum extent practicable; or
c. Avoiding interference with active land management practices, such as prescribed burning.
4. Except for easements granted as a part of a land exchange to accomplish a recreational or conservation benefit or other public purpose, in exchange for such easements, the grantee pays an amount equal to the market value of the interest acquired. In addition, for the initial grant of such easements only, the grantee shall provide additional compensation by vesting in the board of trustees fee simple title to other available uplands that are 1.5 times the size of the easement acquired by the grantee. The Secretary of Environmental Protection shall approve the property to be acquired on behalf of the board of trustees based on the geographic location in relation to the land proposed to be under easement and a determination that economic, ecological, and recreational value is at least equivalent to the value of the lands under proposed easement. Priority for replacement uplands shall be given to parcels identified as inholdings and additions to public lands and lands on a Florida Forever land acquisition list. However, if suitable replacement uplands cannot be identified, the grantee shall provide additional compensation for the initial grant of such easements only by paying to the lead manager of the state-owned lands or, when there is no lead manager, by paying to the department an amount equal to two times the current market value of the state-owned land or the highest and best use value at the time of purchase, whichever is greater. When determining such use of funds, priority shall be given to parcels identified as inholdings and additions to public lands and lands on a Florida Forever land acquisition list.
(c) Where authority to approve easements for rights-of-way over, across, and upon uplands the title to which is vested in the board of trustees for the construction and operation of electric transmission and distribution facilities and related appurtenances has not been delegated to the Secretary of Environmental Protection, the board of trustees shall apply the same criteria and require the same compensation as provided above, provided, however, the board of trustees shall have the discretion to determine the amount of replacement lands required within a range of from one to two times the size of the easement acquired by the grantee, depending upon the degree to which the proposed use of the easement will interfere with the manner in which the lands within the proposed easement area have historically been managed.
(3) In the event submerged tidal land is to be sold and transferred by said board of trustees, the board of trustees shall first require the Department of Environmental Protection to inspect said lands and to file a written report with the board of trustees which report shall state whether or not the development of said lands would be detrimental to established conservation practices.
(4) The board of trustees is authorized to acquire by condemnation such submerged lands, except Murphy Act Lands and Holland Act Lands, as shall be in the public interest and for a public purpose.
(5) The board of trustees shall be a necessary party to any action or petition which seeks to acquire submerged lands or lands lying beneath any navigable waters in the state through eminent domain proceedings.
(6) The board of trustees shall report to the Legislature its recommendations as to whether any existing multistate compact for mutual aid should be modified or whether the state should enter into a new multistate compact to address the impacts of the Deepwater Horizon event or potentially similar future incidents. The report shall be submitted to the Legislature by February 1, 2012, and updated annually thereafter for 5 years.
History.s. 2, ch. 610, 1854; RS 429; GS 617; RGS 1055; CGL 1385; s. 2, ch. 61-119; s. 1, ch. 67-5; s. 1, ch. 67-269; s. 1, ch. 67-2236; ss. 25, 27, 35, ch. 69-106; s. 1, ch. 69-300; s. 1, ch. 70-358; s. 8, ch. 79-65; s. 2, ch. 82-185; s. 64, ch. 94-356; s. 13, ch. 2003-6; s. 14, ch. 2008-227; s. 495, ch. 2011-142; s. 4, ch. 2011-206.

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Amendments to 253.02


Annotations, Discussions, Cases:

Cases Citing Statute 253.02

Total Results: 9

Board of Trustees v. American Educational Enterprises, LLC

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

Supreme Court of Florida | Filed: Sep 27, 2012 | Docket: 60313012

Cited 101 times | Published

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

DeCarion v. Martinez

537 So. 2d 1083, 1989 WL 3900

District Court of Appeal of Florida | Filed: Jan 20, 1989 | Docket: 427255

Cited 4 times | Published

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

Slater v. Hartford Insurance Co. of the Midwest

26 F. Supp. 3d 1239, 2014 WL 2700835, 2014 U.S. Dist. LEXIS 80868

District Court, M.D. Florida | Filed: Jun 13, 2014 | Docket: 64295586

Cited 1 times | Published

altogether. Restatement (Second) of Contracts § 253(2) & cmt. b (explaining that “one party’s repudiation

Anderson Columbia v. Bd. of Trustees

748 So. 2d 1061, 1999 WL 1244426

District Court of Appeal of Florida | Filed: Dec 22, 1999 | Docket: 1750442

Cited 1 times | Published

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

Farrugia v. O'D ASKEW

371 F. Supp. 736, 1973 U.S. Dist. LEXIS 13490

District Court, N.D. Florida | Filed: May 24, 1973 | Docket: 1958286

Cited 1 times | Published

administered by the Internal Improvement Trust Fund § 253.02, Florida Statutes, F.S.A. Among those lands within

Board of Trustees v. Walton County

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

District Court of Appeal of Florida | Filed: Sep 23, 2013 | Docket: 60234363

Published

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

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

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

District Court of Appeal of Florida | Filed: Nov 22, 1988 | Docket: 64638646

Published

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

Ago

Florida Attorney General Reports | Filed: Jul 31, 1986 | Docket: 3256720

Published

successors in office (hereafter Board of Trustees). Section 253.02(1), F.S. See, s.253.002, F.S., authorizing

Ago

Florida Attorney General Reports | Filed: Feb 5, 1980 | Docket: 3257717

Published

followed as set forth in the 1979 act? SUMMARY: Section 253.002, F. S., does not preempt to the Division of