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;
(c) Coastal construction control line permit under s. 161.053; and
(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.
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.
Cited 22 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 1663
...Another rule of statutory construction supports our decision. The rule is that statutes on the same subject matter are to be read in harmony with each other, without destroying their evident intent. Mann v. Goodyear Tire & Rubber Co., 300 So.2d 666 (Fla. 1974). Section 253.77, Florida Statutes (Supp....
...Florida Statute section 403.913(1) states that "[n]o person shall dredge ... on, or over surface waters without a permit from the [Department of Environmental Regulation]...." [4] See also F.S.A. § 253.04 (duty of Board of Trustees to protect state lands); F.S.A. § 253.77 (permission of Board of Trustees required in order to excavate land in which title has been vested in Board of Trustees); F.S.A....
Cited 3 times | Published | Florida 5th District Court of Appeal | 1995 WL 302319
...If the bottom of the lagoon is sovereign submerged lands of the State of Florida, Hubbard would be required to follow the permitting process and obtain a consent of use in order for her dock to be approved by DEP. DEP would then have to hold a hearing to determine whether to issue the consent of use in accordance with section 253.77, Florida Statutes (1993)....
Cited 1 times | Published | Florida 4th District Court of Appeal | 2000 WL 1744874
...Wentworth relied on Rule 62-341.427 as the noticed general permit authority for his project. Because the dock was to be located on sovereign submerged lands, authorization by noticed general permit was not enough for Wentworth to commence construction; agency consent was also required. [3] See § 253.77(1), Fla....
Cited 1 times | Florida 6th District Court of Appeal
...253, Fla. Stat. Among
other things, Florida law grants the State “the authority to [permit or] preclude the
construction of private docks when it is in the public interest to do so.” Krieter, 595
So. 2d at 112; see, e.g., § 253.0347, Fla. Stat.; § 253.77, Fla....
...ged lands (Exhibit ‘A’ to the Complaint). The Consent of Use provides, in pertinent part: The proposed project is not in conflict with any of our existing rules; therefore we have no objections ... Please consider this the authority sought under section 253.77, Florida Statutes, to pursue this project....
...It further admits that at the time it issued the Consent of Use it had received all required information for issuance of the Consent of Use. The Consent of Use states that the proposed project is not in conflict with any of Plaintiff’s existing rules and constitutes authorization to proceed in accordance with Section 253.77, Florida Statutes....
...r circuit court order. We note that the administrative order does not mandate vacation, and to the extent appellant is unable to obtain such vacation the dredging permit, under the terms of the hearing officer’s recommended order, would not issue. Section 253.77(1), Florida Statutes, provides that: No Department ......
...While this is obviously a correct position, the conditional order recommended by the hearing officer, insofar as it approves appellant’s application subject to issuance of the permit only after the necessary consent is obtained, would not appear to offend the requirements of § 253.77....
...rule to deny the permit, but points out that it cannot grant the permit sought by Bartecki until he “receive[s] from the Board of Trustees of the Internal Improvement Trust Fund ... consent authorizing the proposed use and exhibits it to [DER].” Section 253.77, Florida Statutes (1983)....
...We agree that, based on Grove Isle, DER’s denial of the permit based on Bar-tecki’s failure to comply with rule 17-4.242, F.A.C., was erroneous and its final order so holding is reversed. The case is remanded for entry of an order not inconsistent with Grove Isle and Section 253.77, Florida Statutes (1983)....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
