Florida Statute 253.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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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.

F.S. 253.02 on Google Scholar

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Amendments to 253.02

Arrestable Offenses / Crimes under Fla. Stat. 253.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 253.02.

Annotations, Discussions, Cases:

Cases Citing Statute 253.02

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