Florida Statute 253.77 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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.

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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 Citing Statute 253.77

Total Results: 11

STATE, BD. OF TRUSTEES OF INTERNAL IMPROVEMENT TRUST FUND v. Day Cruise Assoc., Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-09-13

Citation: 794 So. 2d 696, 2001 Fla. App. LEXIS 12894, 2001 WL 1098261

Snippet: nothing to the analysis are sections 253.001 and 253.77, Florida Statutes (1999). [8] The Legislature

Wentworth v. STATE, DEPT. OF ENV. PROTECTION

Court: District Court of Appeal of Florida | Date Filed: 2000-11-29

Citation: 771 So. 2d 1279, 2000 WL 1744874

Snippet: construction; agency consent was also required.[3]See § 253.77(1), Fla. Stat. (1999); Fla. Admin. Code R. 62-341

Sutton v. DEPT., ENVIRON. PROTECTION

Court: District Court of Appeal of Florida | Date Filed: 1995-05-19

Citation: 654 So. 2d 1047, 1995 WL 302319

Snippet: issue the consent of use in accordance with section 253.77, Florida Statutes (1993). Sutton, as a riparian

Ago

Court: Florida Attorney General Reports | Date Filed: 1990-05-10

Snippet: construction of certain types of docking facilities; s. 253.77, F.S., requiring that consent be secured from 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: consider this the authority sought under section 253.77, Florida Statutes, to pursue this project. “6.

Bartecki v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1986-11-25

Citation: 498 So. 2d 972, 11 Fla. L. Weekly 2455, 1986 Fla. App. LEXIS 10793

Snippet: Natural Re*975sources. See sections 403.087 and 253.77; and Bartecki v. Beardsley and Department of Environmental

Ago

Court: Florida Attorney General Reports | Date Filed: 1986-08-14

Snippet: natural shore and inlet processes." And see, s. 253.77(1), F.S., which provides: No person may commence

Graham v. Edwards

Court: District Court of Appeal of Florida | Date Filed: 1985-07-02

Citation: 472 So. 2d 803, 10 Fla. L. Weekly 1663

Snippet: Rubber Co., 300 So.2d 666 (Fla. 1974). Section 253.77, Florida Statutes (Supp. 1984), requires that prior

Bartecki v. Beardsley

Court: District Court of Appeal of Florida | Date Filed: 1985-06-25

Citation: 471 So. 2d 1325, 10 Fla. L. Weekly 1563, 1985 Fla. App. LEXIS 14868

Snippet: proposed use and exhibits it to [DER].” Section 253.77, Florida Statutes (1983). Bartecki had received

Hollingsworth v. Department of Environmental Regulation

Court: District Court of Appeal of Florida | Date Filed: 1985-03-22

Citation: 466 So. 2d 383, 10 Fla. L. Weekly 762, 1985 Fla. App. LEXIS 13180

Snippet: officer’s recommended order, would not issue. Section 253.77(1), Florida Statutes, provides that: No Department

Pepper v. Beville

Court: Supreme Court of Florida | Date Filed: 1930-06-30

Citation: 129 So. 334, 100 Fla. 97

Snippet: Sections 395A and 397; Emory v. Farth, 113 Md. 253, 77 Atl. R. 386; Ann. Cas. 1912-A, 588. In Jones on