Florida Statutes

Fla. Stat. § 253.77 (2025)

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

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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.

Notes of Decisions

Cited in 9 cases, 1985–2000 · leading case: Graham v. Edwards, 472 So. 2d 803 (Fla. 3d DCA 1985).

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Graham v. Edwards, 472 So. 2d 803 (Fla. 3d DCA 1985). · cites it 2× “Section 253.77, Florida Statutes (Supp. 1984), requires that prior to any construction or excavation on state-owned lands, an applicant must have received from the Board "the required lease, license, easement, or other form of consent authorizing the proposed use.”

Jupiter Wreck, Inc. v. the Unidentified, Wrecked & Abandoned Sailing Vessel, 691 F. Supp. 1377 (S.D. Fla. 1988). · cites it 2× “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.”

Bd. of Trs. of the Internal Improvement Trust Fund v. Barnett, 533 So. 2d 1202 (Fla. 3d DCA 1988). · cites it 4× “Please consider this the authority sought under section 253.77, Florida Statutes, to pursue this project.”

Sutton v. Dept., Environ. Prot., 654 So. 2d 1047 (Fla. 5th DCA 1995). · cites it 2× “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). Sutton, as a riparian owner of adjacent upland property, must receive notice of any hearing on Hubbard's consent of use application.”

Wentworth v. State, Dept. of Env. Prot., 771 So. 2d 1279 (Fla. 4th DCA 2000). · cites it 2× “[3] See § 253.77(1), Fla. Stat. (1999); Fla. Admin.”

Bartecki v. Beardsley, 471 So. 2d 1325 (Fla. 1st DCA 1985). · cites it 4× “” Section 253.77, Florida Statutes (1983). Bartecki had received the consent required by the statute, but it was withdrawn prior to the formal hearing held by DER.”

Alligator Lake Chain Homeowners Ass'n v. Thayer, 19 Fla. Supp. 2d 231 (Fla. Div. Admin. Hr'g 1986). · cites it 3× “That Department, as yet, has not issued a permit for use of sovereign land for the intended purpose as envisioned by Section 253.77, Florida Statutes. 3. Ed Edmunson was tendered by both Respondents as an expert witness and was accepted as to his expertise in biological…”

Hollingsworth v. Dep't of Env't Reg., 466 So. 2d 383 (Fla. 3d DCA 1985). · cites it 3× “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 §…”

Roth v. Dep't of Nat. Resources, 35 Fla. Supp. 2d 235 (Fla. Div. Admin. Hr'g 1988). · cites it 2× “Section 253.77(1), Florida Statutes (1987), prohibits “excavation, construction, or other activity involving the use of sovereign .”

— 253.77(1) — 3 cases

Wentworth v. State, Dept. of Env. Prot., 771 So. 2d 1279 (Fla. 4th DCA 2000). “[3] See § 253.77(1), Fla. Stat. (1999); Fla. Admin.”

Roth v. Dep't of Nat. Resources, 35 Fla. Supp. 2d 235 (Fla. Div. Admin. Hr'g 1988). “Section 253.77(1), Florida Statutes (1987), prohibits “excavation, construction, or other activity involving the use of sovereign .”

Hollingsworth v. Dep't of Env't Reg., 466 So. 2d 383 (Fla. 3d DCA 1985). “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 §…”

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