The 2023 Florida Statutes (including Special Session C)

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 253
STATE LANDS

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F.S. 253.77

253.77 State lands; state agency authorization for use prohibited without consent of agency in which title vested; concurrent processing requirements.—

(1) A person may not commence any excavation, construction, or other activity involving the use of sovereign or other lands of the state, the title to which is vested in the board of trustees of the Internal Improvement Trust Fund under this chapter, until the person has received the required lease, license, easement, or other form of consent authorizing the proposed use.

(2) For applications that are processed concurrently under s. 373.427, the applicant must submit, as part of the application under this part, any information necessary to satisfy the requirements for issuance of any required:

(a) Environmental resource permit or dredge and fill permit under part IV of chapter 373;

(b) Coastal construction permit under s. 161.041;

(d) Waiver or variance of the setback requirements under s. 161.052.

Authorization under this section may not be issued unless the requirements for issuance of any additional required authorizations, permits, waivers, variances, and approvals described in paragraphs (a)-(d) are also satisfied. The final action on an authorization issued under this subsection shall be subject to s. 373.4275.

(3) Notwithstanding any other provisions of this chapter, a riparian owner may selectively trim or alter mangroves on adjacent, publicly owned submerged lands, if the selective trimming or alteration is in compliance with the requirements of ¹ss. 403.93-403.938, including any required permit under ¹ss. 403.93-403.938.

(4) Notwithstanding any other provision of this chapter, chapter 373, or chapter 403, for activities authorized by a permit or exemption pursuant to chapter 373 or chapter 403, ports listed in s. 403.021(9)(b) and inland navigation districts created pursuant to s. 374.975(3) shall not be required to pay any fees for activities involving the use of sovereign lands, including leases, easements, or consents of use, except application fees including, but not limited to, those required by this chapter, chapter 161, chapter 373, or chapter 403. Further, any federal, state, or local agency or political subdivision that otherwise qualifies for an exemption under chapter 373 or chapter 403 shall be granted a consent of use or public easement for land owned by the Board of Trustees of the Internal Improvement Trust Fund or any water management district upon request and legal description of the affected land.

History.—ss. 1, 2, ch. 76-245; s. 11, ch. 80-66; s. 12, ch. 84-79; s. 3, ch. 93-34; ss. 79, 495, ch. 94-356; s. 67, ch. 99-251.

¹Note.—Some sections within this range have been repealed; ss. 403.93-403.936 were repealed by s. 13, ch. 95-299. Section 403.938 was amended and transferred to s. 403.9333 by s. 12, ch. 95-299.

F.S. 253.77 on Google Scholar

F.S. 253.77 on Casetext

Amendments to 253.77

Arrestable Offenses / Crimes under Fla. Stat. 253.77

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 253.77.

Annotations, Discussions, Cases:

Cases from cite.case.law:

STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 560 U.S. 702 (U.S. 2010)

. . . authorization is required from the Board of Trustees of the Internal Improvement Trust Fund (Board), see §253.77 . . .

STOP THE BEACH RENOURISHMENT, INC. v. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 177 L. Ed. 2d 184 (U.S. 2010)

. . . required from the Board of Trustees of the Internal Improvement [560 U.S. 710] Trust Fund (Board), see §253.77 . . .

UNITED STATES v. MENDOZA- GONZALEZ,, 363 F.3d 788 (8th Cir. 2004)

. . . At sentencing the court found Mendoza-Gonzalez responsible for 122.169 kilograms of marijuana and 253.77 . . .

TIAB COMMUNICATIONS CORPORATION, v. KEYMARKET OF NEPA, INC. COMMUNICATIONS CORPORATION, v. KEYMARKET OF NEPA, INC., 263 F. Supp. 2d 925 (M.D. Pa. 2003)

. . . 1,187.83 Excell Plumbing $ 2,200.00 George Marcinek $ 38,179.65 Harris/Allied $ 47,550.55 Jet Data $ 253.77 . . .

STATE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND, v. DAY CRUISE ASSOCIATION, INC., 794 So. 2d 696 (Fla. Dist. Ct. App. 2001)

. . . Also listed and also adding nothing to the analysis are sections 253.001 and 253.77, Florida Statutes . . .

WENTWORTH, v. STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 771 So. 2d 1279 (Fla. Dist. Ct. App. 2000)

. . . See § 253.77(1), Fla. Stat. (1999); Fla. Admin. Code R. 62-341.215(6). . . .

C. SUTTON, v. DEPARTMENT OF ENVIRONMENTAL PROTECTION,, 654 So. 2d 1047 (Fla. Dist. Ct. App. 1995)

. . . have to hold a hearing to determine whether to issue the consent of use in accordance with section 253.77 . . .

BOARD OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND OF STATE OF FLORIDA, v. BARNETT, f k a H. a, 533 So. 2d 1202 (Fla. Dist. Ct. App. 1988)

. . . Please consider this the authority sought under section 253.77, Florida Statutes, to pursue this project . . . any of Plaintiff’s existing rules and constitutes authorization to proceed in accordance with Section 253.77 . . .

ROTH v. DEPARTMENT OF NATURAL RESOURCES, 35 Fla. Supp. 2d 235 (Fla. Div. Admin. Hearings 1988)

. . . Section 253.77(1), Florida Statutes (1987), prohibits “excavation, construction, or other activity involving . . . Petitioner willfully violated Section 253.77(1), Florida Statutes (1987). . . .

JUPITER WRECK, INC. v. UNIDENTIFIED, WRECKED AND ABANDONED SAILING VESSEL, a STATE OF FLORIDA v. JUPITER WRECK, INC., 691 F. Supp. 1377 (S.D. Fla. 1988)

. . . . § 253.77 (permission of Board of Trustees required in order to excavate land in which title has been . . .

BARTECKI v. DEPARTMENT OF COMMUNITY AFFAIRS,, 498 So. 2d 972 (Fla. Dist. Ct. App. 1986)

. . . See sections 403.087 and 253.77; and Bartecki v. . . .

ALLIGATOR LAKE CHAIN HOMEOWNERS ASSOCIATION v. THAYER,, 19 Fla. Supp. 2d 231 (Fla. Div. Admin. Hearings 1986)

. . . has not issued a permit for use of sovereign land for the intended purpose as envisioned by Section 253.77 . . . That approval should be conditioned upon the requirements of Section 253.77, Florida Statutes, being . . . of the state sovereign land involved by the Department of Natural Resources as envisioned by Section 253.77 . . .

GRAHAM, A. D. E. v. R. EDWARDS, Sr., 472 So. 2d 803 (Fla. Dist. Ct. App. 1985)

. . . Section 253.77, Florida Statutes (Supp.1984), requires that pri- or to any construction or excavation . . .

BARTECKI, v. L. BEARDSLEY, 471 So. 2d 1325 (Fla. Dist. Ct. App. 1985)

. . . Section 253.77, Florida Statutes (1983). . . . The case is remanded for entry of an order not inconsistent with Grove Isle and Section 253.77, Florida . . .

G. M. HOLLINGSWORTH, v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 466 So. 2d 383 (Fla. Dist. Ct. App. 1985)

. . . Section 253.77(1), Florida Statutes, provides that: No Department ... possessing regulatory powers involving . . . permit only after the necessary consent is obtained, would not appear to offend the requirements of § 253.77 . . .